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07-16-2013 Agenda with backup
MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL July 16, 2013, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Call to Order — Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Pastor Cory Webb — Everyday Christian Fellowship) City Events and Announcements Announcements of upcoming City Events (D. Harris /J. BierschwaleB. James) Announcements and recognitions by City Manager Q. Kessel) Workshop Discussion and possible action regarding Steel Utility Poles and consideration of an Electric Utility Franchise Fee to fund Electric System Upgrades for Development and Economic Development Projects (D. Harris/D. Harris) Discussion regarding the City Council Rules of Procedure and the City Charter (Mayor and Council) Discussion and update regarding the Aquatic Center (J. KesselB. James) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. 07 -16 -2013 Council Agenda Consent Agenda Items The Consent Agenda is considered to be self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request by the Mayor or a Councilmember. 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of July 9, 2013. Q. KesselB. Dennis) 2. Resolution No. 13 -R -52 — Consideration and /or action approving a Resolution authorizing EMS Debt Revenue Adjustments for inactive outstanding accounts receivables after 180 days of non payment and other matters in connection therewith. Q. Bierschwale/D. Wait) 3. Resolution No. 13 -R -54 — Consideration and /or action approving a Resolution authorizing Utility Billing Debt Revenue Adjustments for inactive outstanding accounts receivables after 180 days of non payment and other matters in connection therewith. Q. Bierschwale /C. Spence) 4. Ordinance No. 13 -S -20 — ZC2013 -006 - Consideration and /or action upon a request to rezone approximately 2.668 + /- acres of land from General Business District (GB) to Planned Development District (PDD). The property is more specifically described as Lot 6, Block 1, of the Hubertus Retail Subdivision as recorded in Document #200806006465, plat records, Comal County, Schertz, Texas generally located at the southwest corner of FM 1103 and IH 35. Final Reading (B. James/M. Sanchez) 5. Ordinance No. 13 -S -21 — Consideration and /or action approving an Ordinance amending the Comprehensive Land Plan associated with the North and South Schertz Sector Plan; and the Historic Downtown Schertz Plan (Gateway Plan), and other matters in connection therewith. Final reading (B. James/M. Sanchez) 6. Ordinance No. 13 -S -22 — Consideration and /or action approving an Ordinance amending the Unified Development Code (UDC) associated with the North and South Schertz Sector Plan; and the Historic Downtown Schertz Plan (Gateway Plan), and other matters in connection therewith. Final reading (B. James/M. Sanchez) 7. Ordinance No. 13 -T -23 — Consideration and /or action approving an Ordinance authorizing a budget adjustment from the Aviation Heights Phase 5 Waterline Project to the Maske Road Waterline Project, repealing all Ordinances or parts of Ordinances in conflict with this ordinance; and providing an effective date. Final Reading Q. Bierschwale /J. Hooks) Discussion and Action Items 8. Resolution No. 13 -R -55 — Consideration and /or action approving a Resolution authorizing a contract with D &D Construction relating to the reconstruction of Ware Seguin Road and Lower Seguin Road and authorizing the budget estimates for both projects and other matters in connection therewith. (J. Bierschwale/L. Busch) 07 -16 -2013 City Council Agenda Page - 2 - 9. Ordinance 13 -S -24 — ZC2013 -008 - Continue the public hearing and consideration and /or action approving an Ordinance for the proposed street name change of Enterprise Avenue to Schertz Parkway from the intersection of IH 35 frontage road extending north to the intersection of Lookout Road. First Reading (B. James/M. Sanchez) Roll Call Vote Confirmation Requests and Announcements 10. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 11. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 12. Requests by Mayor and Councilmembers to City Manager and Staff for information. 13. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Executive Session Called under: Section 551.071 Texas Government Code Deliberation regarding litigation, pending or contemplated litigation; and Consultations with the City Attorney regarding advice on legal matters; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; Section 551.074 Texas Government Code — Deliberation regarding personnel matters and the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. 07 -16 -2013 City Council Agenda Page - 3 - Section 551.074 Texas Government Code — Deliberation regarding personnel matters and the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Attorney. Section 551.087 Texas Government Code — Deliberation regarding Economic Development Negotiations. Reconvene into Regular Session 14. Take any action deemed necessary as a result of the Executive Session. Adiournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 12th DAY OF JULY 2013 AT 12:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. grevuo(01 UevwLiS Orenda Dennis CPM, TRMC, MMC, City Secretary I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2013. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 619 -1030 at least 24 hours in advance of meeting. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Mayor Pro -Tem Edwards — Place 4 Audit Committee Audit Committee Hal Baldwin Scholarship Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board Councilmember Fowler — Place 1 Councilmember Scagliola — Place 2 Interview Committee for Boards and Commissions Animal Control Advisory Committee Schertz Housing Board Liaison Cibolo Valley Local Government Corporation Interview Committee for Boards and Commissions Sweetheart Advisory Committee 07 -16 -2013 City Council Agenda Page - 4 - Councilmember Antuna - Place 3 Councilmember — Verinder — Place 5 ASA Commuter Rail District Board — Lone Star Audit Committee Randolph Joint Land Use Study QLUS) Executive Investment Advisory Committee Committee Schertz Seguin Local Government Comoration 07 -16 -2013 City Council Agenda Page - 5 - WORKSHOP A CITY COUNCIL MEMORANDUM City Council Meeting: July 16, 2013 Department: City Manager Subject: Workshop to discuss Steel Utility Poles and Consideration of an Electric Utility Franchise Fee to Fund Electric System Upgrades for Development and Economic Development Projects (D. Harris/D. Harris) BACKGROUND Until a last fall, CPS Energy provided cities within its territory with CEID funds (Community infrastructure and Economic Development) set aside in their budget for City- desired work related to electric system upgrades to benefit economic development or beautification. Through the years, Schertz utilized these funds to change over wood poles to steel poles as well as provide electric system upgrades for new development. Recent projects that have received funding from CEID include projects in Crescent Bend Nature Park, Caterpillar, Capital Group Data Center, Tesoro Data Center, and Pfeil Road utility pole upgrades. Funding for the program was 1% of the gross receipts received within the City. Since the program ended a year ago at the request of the Greater Bexar County Council of Cities and several suburban cities (and not Schertz), CPS has paid out the account balances to the respective cities. Schertz has received a payout of $264,330 and now has an estimated balance of $92,427 following a payment to Capital Group for a rebate of property taxes in FY 2012 -13 of $158,603 and $13,300 for Pfeil Road utility pole upgrades. A few years back, Schertz amended the UDC to require electric providers to install steel poles instead of wooden poles in any new extension or replacement of poles; the code also allows the utility to request a waiver to a project from the City Manager. At that time, cost for steel and wood poles was about the same. Since then, CPS Energy says the cost of steel poles has risen to twice the cost of wood poles. CPS Energy says their cost for self - funded projects such as line extensions and pole replacement has been based on the wood pole cost. They do not have the funds allocated for the cost difference between steel and wood. 1. Recently, a request was made by CPS to fund the cost to replace a section of old wood poles to steel poles on a project off of Pfeil Road costing $13,232.65. In the past, this cost would have been covered by the former CPS CEID Fund. But now that this fund has gone away, CPS is requesting the City come up with these funds to pay for the cost difference. To this writer's knowledge, NBU and GVEC have not expressed concern about the cost increase and have not sought additional funding from Schertz. City Council Memorandum Page 2 2. As more development occurs in the CPS system in Schertz, we will be confronted with this dilemma again. Does the City wish to continue with steel poles? If so, a funding source will need to be identified. The cost for this will be significant. 3. Other suburban cities have expressed interest in re- creating something akin to the CEID Fund by charging an additional 1% fee on top of the existing franchise fee of 3% to fund CEID type projects. Schertz has three electric utility providers, CPS Energy, NBU, and GVEC. Does the City want to pursue this option and amend just one or all three agreements for CEID type programs? Options: A. The City can continue the same policy requiring steel poles. In the future, CPS Energy will request the City or the developer make up the cost difference between steel and wood poles. The City will need to identify a fund to fulfill this request. B. The City can discontinue the steel pole policy, allowing utility companies to install which ever pole they can fund. C. The City can renegotiate franchise agreements with CPS, GVEC, and /or NBU to charge rate payers an additional 1% to fund electric system upgrades related to development or economic development, the funding which would be returned to the City in a specially- designated fund for these projects. FISCAL IMPACT None at this time RECOMMENDATION This item is for discussion and direction only. ATTACHMENT None. WORKSHOP B CITY COUNCIL MEMORANDUM City Council Meeting: July 16, 2013 Department: Mayor and Council Subject: Workshop to discuss the City Council Rules of Procedure and City Charter BACKGROUND Council requested a workshop discussion regarding the City Council Rules of Procedure and the City Charter. FISCAL IMPACT None at this time RECOMMENDATION This item is for discussion and direction only. ATTACHMENT None. CITY OF SCHERTZ CITY COUNCIL RULES OF CONDUCT AND PROCEDURE These Rules of Conduct and Procedure (these "Rules ") are intended to provide an understandable and workable structure for City Council meetings. These Rules shall serve to aid the conduct of public business at Council meetings, to facilitate communication at Council meetings among Councilmembers and between Councilmembers and City staff and members of the public, and to promote confidence in the citizens that their government is performing its duties with the highest of ethical standards and with a genuine interest in the well -being of the community. - There Rules are in all events subject to the City Charter and applicable provisions of State law, including the Texas Open Meetings Act, As a part of these Rules, the Council has established the following Code of Conduct for the Mayor and all Councilmembers: • Address the merits of the issues —.no personal attacks • Focus on representing the interests of all citizens. • Attempt to resolve personal conflicts among Councilmembers internally before speaking publicly. • Assume positive intentions — don't look for hidden agendas. • Observe the City's written Rules of Conduct and Procedure. • When others are speaking, listen with an open mind. • Recognize that inappropriate public disclosure of confidential information can be detrimental to the City and its citizens. • Understand that "majority rules ". Once a vote is taken, if you were in. the minority agree to disagree and move on. Recognize that a majority view, when expressed in a vote, becomes an expression of City policy. • Coordinate all requests of the City staff through the City Manager. 20154321.8 TABLE OF CONTENTS 5.1 Appointment Procedure for the Mayor Pro Tem. ................................ ............................... 3 5.2 Appointment Procedure for a Councilmember ................................... ............................... 4 20159321.8 1 Page ARTICLE 1. AUTHORITY 1.1 City Charter.. ....................................................................................... ............................... 1 1.2 Effective Date; Amendment ............................................................... ............................... 1 ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public .......................................................................... ............................... 1 2.2 Quorum ............................................................................................... ............................... 1 2.3 Minutes of Meetings ........................................................................... ............................... 1 2.4 Questions to Contain One Subject ...................................................... ............................... 1 2.5 Right to the Floor ................................................................................ ............................... 1 2.6 City Manager ...................................................................................... ............................... 1 2.7 City Attorney ...................................................................................... ............................... 2 2.8 City Secretary ...................................................................................... ............................... 2 2.9 Officers and Employees ...................................................................... ............................... 2 2.10 Rules of Order ..................................................................................... ............................... 2 2.1.1 Suspension of Rules ............................................................................ ............................... 2 2.12 Amendment to Rules ........................................................................... ............................... 2 2.13 Matters Not Addressed by Rules ........................................................ ............................... 2 ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings . ............................................................................... ............................... 2 3.2 Special Meetings ..................................................................... ............................... ........ 2 3.3 Recessed Meetings .............................................................................. ............................... 2 3.4 Adjourned Meetings ............................................................................ ............................... 2 3.5 Executive Sessions .............................................................................. ............................... 2 3.6 Emergency Meetings .......................................................................... ............................... 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor .................................................................................................. ............................... 3 4.2 Call to Order ....................................................................................... ............................... 3 4.3 Preservation of Order .......................................................................... ............................... 3 4.4 Rulings by Presiding Officer .............................................................. ............................... 3 4.5 Questions to be Stated ......................................................................... ............................... 3 4.6 Substitution of Mayor ......................................................................... ............................... 3 ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tem. ................................ ............................... 3 5.2 Appointment Procedure for a Councilmember ................................... ............................... 4 20159321.8 1 TABLE OF CONTENTS (continued) 20159321.8 ii Page ARTICLE 6. ORDER OF BUSINESS 6.1 Agenda ................................................................................................ ............................... 5 6.2 Communication to Mayor and Council ............................................... ............................... 5 6.3 Approval of Minutes ........................................................................... ............................... 6 6.4 Presentations by Members of Council ................................................ ............................... 6 6.5 Consent Agenda .................................................................................. ............................... 6 ARTICLE 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 7.1 Printed, Typewritten, or Electronic Form .............. ............ 6 7.2 City Manager Review ......................................................................... ............................... 6 7.3 City Attorney to Approve ................................................................... ............................... 6 7.4 Funding ............................................................................................... ............................... 6 7.5 Reading of Caption Only .......... .......................................................... ............................... 6 7.6 Ordinances -Two Readings; Emergencies ........................................ ............................... 6 7.7 Recording of Votes ............................................................................. ............................... 7 7.8 Vote Required ..................................................................................... ............................... 7 7.9 Tie Vote .............................................................................................. ............................... 7 7.10 Numbering Ordinances and Resolutions ............................................ ............................... 7 7.11 Ordinance Passage Procedure ........ ..................................................... ............................... 7 ARTICLE 8 RULES OF DECORUM 8.1 Recognition by presiding officer ........................................................ ............................... 7 8.2 Order ................................................................................................... ............................... 7 8.3 Presiding Officer ................................................................................. ............................... 7 8.4 Improper References to be Avoided ................................................... ............................... 8 8.5 Interruptions ........................................................................................ ............................... 8 ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions ........................... ...................... ............................... 8 9.2 Debate ................................................................................................. ............................... 8 9.3 Motion Procedures ............................................................................... ..............................8 9.4 Point of Privilege ................................................................................ ............................... 9 9.5 Point of Procedure or Order ................................................................ ............................... 9 9.6 To Appeal a Ruling ............................................................................. ............................... 9 9.7 To Recess ............................................................................................ ............................... 9 9.8 To Withdraw ..................................................................................... ............................... 10 9.9 To Postpone or Extend ...................................................................... ............................... 10 9.10 To Refer ............................................................................................ ............................... 10 9.11 To Amend ......................................................................................... ............................... 10 9.12 To Limit or Close Debate or "Call the Question" ............................. ............................... 10 9.13 To Count the Vote ............................................................................. ............................... 11 9.14 To Take Action or Reconsider an Action; Main Motions ................ ............................... I 1 20159321.8 ii TABLE OF CONTENTS (continued) Page ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning . ........................................................................................... ............................... 11 10.2 Removal .............................................................................................. ........ ......................11 10.3 Resisting Removal ............................................................................ ............................... 11 10.4 Motions to Enforce ............... ............................... ......................... ............................... 11 10.5 Adjournment ..................................................................................... ............................... 11 ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees ........................................................................ ............................... 12 11.2 Special Committees .......................................................................... ............................... 12 ARTICLE 12. CITIZENS' RIGHTS 12.1 Addressing the Council ..................................................................... ............................... 12 12.2 Manner of Addressing the Council — Time Limit ............................. ............................... 12 12.3 Personal and Slanderous Remarks .................................................... ............................... 12 12.4 Public Hearings ................................................................................. ............................... 12 12.5 Written Communications .................................................................. ............................... 13 12.6 Hearing of Residents ......................................................................... ............................... 13 ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 City Manager to Provide Information ............................................... ............................... 13 13.2 City Manager's Responses to Requests ............................................ ............................... 13 13.3 Directions to City Manager ............................................................... ............................... 14 13.4 City Manager's Duty to Inform ........................................................ ............................... 14 13.5 Customer Concerns.... ...................................................................................................... 14 13.6' City Manager /Council Relations ....................................................... ............................... 14 20159321.8. iii ARTICLE 1. AUTHORITY 1.1 City Charter. Section 4.09 (d). of the City Charter provides that the Council shall, by ordinance, determine its own rules and order of business. 1.2 Effective Date, These Rules shall be in effect upon their adoption by the Council and until such time as they are amended or new rules are adopted. In the event of a conflict between these Rules and the Charter, the Charter shall govern over these Rules. In the event of a conflict between these Rules and State law, State law shall take precedence. ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public. All meetings of the Council and all meetings of committees composed of a quorum of the Council shall be open to the public as provided by State law, except when State law allows closed or executive sessions for certain limited topics. 2.2 Quo rurn. Three members of the Council, not including the Mayor, shall constitute a quorum. In the absence of the Mayor, the Mayor Pro Tern or other presiding officer shall be counted for purpose of determining the existence of a quorum. If a quorum is not present, those in attendance will be named, and they may recess to a later time as permitted by State law or may hear business before them, taking no official action. 2.3 Minutes of Meetings. An account of all proceedings of the Council shall be kept by the City Secretary and shall constitute the official record of the Council. Such minutes, after being approved by the Council (except any closed or executive session portion), shall be open to public inspection. The City Secretary shall provide an index showing the action of the Council in regard to all matters before to it at both regular and special meetings. A recording or "certified agenda" of each closed or executive session shall be made and maintained as required by State law. 2.4 Questions to Contain One Subject. All questions submitted for a vote shall contain only one subject. If two or more subjects are involved, any Councilmember may require a division, if the subjects can be reasonably divided. 2.5 Right to the Floor. Subject to Section 8.5, any Councihnember or member of City staff desiring to speak shall be recognized by the Mayor. (or the presiding officer in the Mayor's absence) at an appropriate time, and shall confine his/her remarks to the subject under consideration or to be considered. 2.6 City Manager. The City Manager or the Acting City Manager shall attend all meetings of the Council unless excused. The City Manager may make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote. The City Manager shall be notified of all special meetings of the Council. 20159321.8 2.7 City Attorney. The City Attorney shall attend all meetings of the Council as required by the Council or as requested by the City Manager, and shall, upon request of the Council or the City Manager, give an opinion, either written or oral, on questions of law. 2.8 City Secretary. The City Secretary or the Deputy City Secretary shall attend all meetings of the Council, unless excused, and shall keep the official minutes. 2.9 Officers and Employ. Any officer or employee of the City, when requested by the City Manager, shall attend meetings of the Council. If requested to do so by the City Manager, they shall present information relating to matters before the Council. 2.10 Rules of Order. Part 8 of these Rules shall govern the proceedings of the Council. 2.11 Suspension of Rules. Any provision of these Rules not required by the Charter or State law may be temporarily suspended by a majority vote of the Councilmembers who are present. The vote of each person on any such suspension shall be entered in the minutes. 2.12 Amendment to Rules. These Rules may be amended, or new rules adopted, by a duly adopted ordinance. 2.13 Matters Not Addressed by Rules. Issues of the conduct or procedure of public meetings not addressed by these Rules, the Charter, or State law shall be determined by the Mayor (or the presiding officer in the Mayor's absence). ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings. The Council shall hold regularly scheduled meetings as provided by the Code of Ordinances, Part 11, Section 2 -2. The Council may also hold regularly scheduled meetings which may be designated by the Council as "workshop" sessions. 3.2 Special Meetings. Special meetings may be called by the Mayor, the City Manager, or any three (3) members of the Council. The call for a special meeting shall be filed with the City Secretary in written form, except that announcement of a special meeting during any regular meeting at which all members are present shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, hour, and place of the special meeting and shall identify the subject or subjects to be considered. 3.3 Recessed Meetings. Subject to State law, any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 3.4 Adiourned Meetings. Any meeting of the Council that has been adjourned may not be reconvened except by a motion to reconsider prior to any Councilmember's departure from the Council chamber. See Sections 93 and 9.4. 3.5 Executive Sessions. Executive or closed sessions may only be held in accordance with State law. 20159321.8- 2 3.6 Emergency Meetings. In case of emergency or urgent public necessity, an emergency meeting may be called as a special meeting as set forth in Section 3.2, however, an emergency meeting may not be held unless authorized by, and notice is given in accordance, with State law. ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor. The Mayor, if present, shall preside as Mayor at all meetings of the Council. In the absence of the Mayor, the Mayor Pro -Tem shall preside. In the absence of both the Mayor and the Mayor Pro -Tem, the most senior Councilmember (by time of service on the Council) present shall be the chairperson. 4.2 Call to Order. Each meeting of the Council shall be called to order by the Mayor, or in the Mayor's absence, by -the Mayor Pro -Tem. In the absence of both the Mayor and the Mayor Pro -Tem, the meeting shall be called to order by the most senior Councilmember (by time of service on the Council) present. 4.3 Preservation of Order. The presiding officer shall preserve order and decorum, prevent personalities from becoming involved during debate or the impugning of members' motives, and confine Councilmembers in debate to the question under discussion. 4.4 Rulings by Presiding Officer. The presiding officer shall rule on points of privilege, points of procedure or order, and withdrawals of motions, subject to the right of any member to appeal to the Council as set forth in Article 9 of these Rules. See Sections 9.3, 9.4, 9.5, 9.6, and 9.8. 4.5 Questions to be Stated. The presiding officer shall state all questions submitted for a vote and announce the result. A roll tali vote shall be taken on all votes. 4.6 Substitution of Mayor, In the event the Mayor must relinquish the chair, the Mayor shall call upon the Mayor Pro -Tem to preside if the Mayor Pro -Tem is present. If the Mayor Pro -Tem is not present, the Mayor may call upon the most senior Councilmember (by time of service on the Council) present to preside, but such substitution shall not continue beyond adjournment of that meeting. ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tem. (a) The Council will discuss, and with a majority vote, appoint the Councilmember to serve as the Mayor Pro Tem for the City. (b) The appointed Mayor Pro Tem must be a Councilmember and must meet the qualifications of Section 4.02 of the City Charter. In addition, to be appointed to the position of Mayor Pro Tem, a Councilmember must be an elected_ member of Council. 20159321.8 3 (c) Term dates for the Mayor Pro Tem position will begin in February and August of each year (the election dates offset by three (3) months). Terms will sequentially rotate according to Councilmember place. (d) If the Councilmember place that is up for appointment as Mayor Pro Tem is vacant or is held by a Councilmember who is not qualified to serve as Mayor Pro Tem, the Mayor Pro Tem appointment will go to the next qualified Councilmember. (e) The position will have a term of office of six (6) months. (f) The appointed Mayor Pro Tem may be removed by Council by a two- thirds (213) majority vote of the members of Council at any time during his or her term. (g) Council reserves the right to alter this procedure at any time by resolution or rule. 5.2 Appointment Procedure for a Councilmember. (a) The Council may appoint a Councilmember to a vacant seat as authorized by Section 4.06 of the City Charter. (b) The Council will announce and advertise on the City's website and in the City's newspaper of record that applications are being accepted for a vacant position on Council. (c) A due date for applications to be submitted will be set. (d) Applicants must meet the qualifications for a Councilmember set forth in Section 4.02 of the City Charter. (e) Applications will be received by the City Secretary's office and distributed to all Councilmembers. (f) An interview date will be set and posted for a public meeting. (g) Interviews of prospective candidates will be held in a public forum by a quorum of Councilmembers. (h) Councilmembers will discuss, and appoint by majority vote, the new member of Council at either the same meeting as the interviews or at a subsequent Council meeting. (i) The Council is the final judge of whether a candidate is qualified to serve as a Councilmember as set forth in Section 4.03 of the City Charter. 0) Council reserves the right to alter this procedure at any time by resolution or rule. 20159321.8 4 ARTICLE 6. ORDER OF BUSINESS 6.1 Agenda. The City Manager and the City Secretary shall prepare an agenda for each meeting of the Council. Items may be placed on the agenda by the City Manager (or in his absence any Assistant City Manager), the Mayor, or any Councilmember, except that a Councilmember directing that an item or items be placed on an agenda must do so in open session, during a properly posted meeting of the Council. Items placed on the agenda by the City Manager (or in his absence any Assistant City Manager) may be removed. only by the City Manager (or any Assistant City Manager) and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. Items placed on an agenda by the Mayor may be removed only by the Mayor, and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. Items placed on the agenda by a Councilmember may be removed only by that specific Councilmember, and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. (a) Information Required. Any item to be on the agenda must be provided to the City Manager pursuant to a procedure established and modified by the City Manager from time to time. Each item on the agenda must contain sufficient information so that full disclosure of the item to be addressed is present so as to alert the Council and the public of the topic to be considered. (b) Order of Listing Items; Sponsor and Responsible Staff. The agenda shall Iist all items for consideration in a format recommended by the City Manager. The name of the person or persons placing an item on the agenda and the name of any expected staff presenter shall be stated on the agenda. (c) Copy Provided to Mayor and Council Members. The City Secretary shall furnish the Mayor and each Councilmember a copy of the agenda, including the proposed ordinances, resolutions, petitions, - notices, or other materials as required. Copies of attachments and background material will generally be provided for the initial presentation only and should be retained by the Mayor and the Councilmembers until such time as the item is finalized. (d) Copy Available to Public. A copy of the agenda, with or without attachments as determined by the City Manager, shall be made available to the public at City Hall prior to the meeting. Copies of the agenda shall be available to the public at the meeting. (e) Order; Exce tp ion. The ordinances, resolutions, and other proposed actions shall be taken up and disposed of by the Council in the order listed in the agenda, subject to the right of the presiding officer to take up matters in a different order. 6.2 Communication to Ma or and Council. The City Manager shall provide the Council with a copy of each ordinance or resolution and appropriate analysis of items proposed to be acted upon by the Council at a meeting. These communications shall be delivered to the 20159321.8 5 Mayor and Councilmembers along with the agenda. This information should also be retained by the Mayor and Councilmembers until such time as the item is finalized. Staff members, in making presentations to Council at a meeting of the Council, should endeavor to restrict their presentations to five (5) minutes, excluding responses to questions by the Mayor and/or Councilmembers. 6.3 Approval of Minutes. Minutes may be approved without public reading if the City Secretary has previously furnished the Mayor and each Councilmember with a copy thereof. 6.4 Presentations by Members of Council. The agenda shall provide a time when the Mayor and each Councilmember may bring before the Council any business that person believes should be brought up during the "Requests by Mayor and Councilmembers" and "Announcements by Mayor and Councilmembers" portions of the agenda. These matters need not be specifically listed on the agenda unless the person desiring to make a comment knows prior to posting of the agenda that he /she will make such comment. In response to an unposted comment, there (1) may only be a statement of factual information in response, (2) a recitation of existing City policy, or (3) discussion regarding a proposal to place the subject on the agenda for a subsequent meeting. 6.5 Consent Agenda. At the direction of the City Manager (or in his absence an Assistant City Manager) with respect to items believed to be non - controversial, the City Secretary shall place multiple items on a "Consent Agenda" portion of the agenda, subject to the right of the Mayor or any Councilmember to request at the meeting that any one or more of such items be removed from the Consent Agenda for individual consideration. First readings of ordinances shall in all events be posted for individual consideration and shall not be included on the Consent Agenda. ARTICLE 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 7.1 Printed Typewritten, or Electronic Form. All ordinances and resolutions shall be presented to the Council only in printed, typewritten, or electronic form. 7.2 City Mana eg r Review. All ordinances and resolutions shall be reviewed by the City Manager or his designee. 7.3 City Attorney to Ap rp ove. All ordinances and resolutions shall be approved as to form and legal content by the City Attorney, when requested by the Mayor or the City Manager. 7.4 Funding. All actions authorizing an expenditure of money shall include the exact source of the funds to be expended, 7.5 Reading of Caption Ornlx. Upon being introduced, each proposed ordinance or resolution shall be read by caption only. 7.6 Ordinances —Two Readings, Emergencies. Ordinances introduced at a Council meeting shall not be finally acted upon until at least the next regular meeting, except that 20159321.8 6 immediate action - may be taken upon an emergency as determined by the Council in accordance the Charter or State law. 7.7 Recording of Votes. The ayes and nays shall be taken upon the consideration of all ordinances and resolutions and shall be entered in the minutes of the Council. 7.8 Vote Required. Approval of every ordinance, resolution, or motion, unless otherwise required by these Rules, the Charter, or State law, shall require the affirmative vote of three (3) Councilmembers who are present and eligible to vote. 79 Tie Vote. In the event of a tie in votes on any motion, the Mayor shall cast the decisive vote in accordance with Section 4.05 of the Charter. Other Councilmembers acting as presiding officer shall not be restricted to voting only in the event of a tie. 7.10 Numbering .Ordinances and Resolutions. After approval of a resolution or an ordinance on second reading or on a single reading as an emergency, the City Secretary shall assign a number to each ordinance or resolution within the records of the City. 7.11 Ordinance Passage Procedure. After passage, an ordinance shall be signed by the presiding officer and shall be attested by the City Secretary or Deputy City Secretary, and it shall be filed and thereafter preserved in the office of the City Secretary. ARTICLE 8. RULES OF DECORUM 8.1 Recognition by presiding officer. Subject to Section 8.5, No person shall address the Council without first being recognized by the presiding officer, 8.2 Order. While the Council is in session, the Councilmembers must preserve the order and decorum of the meeting, and a Councilmember shall neither, by statement or otherwise, delay or interrupt the proceedings or the peace of the Council or disturb any other Councilmember while speaking or refuse to obey the orders of the presiding officer. Councilmembers are expected to remain on the dais during a Council meeting unless they have good cause to vacate. 8.3 Presiding Officer. The Mayor or the Mayor Pro -Tem or such other member of the Council who is serving as the presiding officer may participate in debate, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of such Councilmember acting as the presiding officer. If the presiding officer is engaged in debate and is, at the insistence of three (3) Council members, abusing the position of the presiding officer, the presiding officer must relinquish the chair to the Mayor Pro -Tem, or in his/her absence, to the next most senior Councilmember (by time of service on the Council) present. The Mayor Pro -Tem or such other member, other than the Mayor, who is serving as presiding officer may move, second, and debate from the chair, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of the member acting as the presiding officer. 20159321.8 7 8.4 Improper References to be Avoided. When a Councilmember has the floor pursuant to Section 2.5 or 8.5, he /she shall avoid all references to personalities and indecorous language. 8.5 Interruptions. A Councilmember, once recognized, shall not be interrupted by the Mayor or another Councilmember when speaking unless it is to raise a point of privilege (Section 9.4) or a point of procedure or order (Section 9.5), or to enter a motion to withdraw a previously - stated motion (Section 9.8), or as otherwise provided in these Rules. If a Councilmember, while speaking, is interrupted as set forth herein, the Councilmember so interrupted should cease speaking until the question is determined. ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions. A Councilmember; after he /she obtains the floor, or the Mayor may make a motion on the particular subject of discussion or a procedural point as permitted. A "Second" to the motion, if required, must be made by a Councilmember who did not make the motion within a reasonable but brief time period. The Mayor may not "Second" a motion. A motion or a "Second" merely implies that the maker of the motion and the person who "Seconds" agree that the motion should come before the meeting and not that he /she necessarily favors the motion. Without a "Second ", if required, the motion dies. 9.2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion as stated by the presiding officer. 9.3 Motion Procedures. There are twelve (12) types of motions in three (3) categories: Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main Motions(1 type) *, When any motion is pending, any motion listed above it on the chart below is in order; those below it are out of order. * Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2°1 Edition. 20159321.8 8 Affirmative May Resolved Vote by 3 Interrupt Second by Chair Council - 213 Motion Speaker Required Debatable Amendable No Vote members Vote =A ll+[eet7nConduct�v%ttons _ _ - - 1. point of privilege yes no no no. yes no no 2, point of procedure or order yes no no no yes no no 3. to appeal a ruling no yes yes no no yes no 4. to recess no yes yes yes no yes no =B Dispos�tonlvhoILi_ - - - - - _ _ 5. to withdraw yes no no no yes no no 6. to postpone no yes yes yes no yes no 7. to refer no yes yes yes no yes no * Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2°1 Edition. 20159321.8 8 8. to amend no yes yes yes no yes no 4. to limit or close debate or no yes yes yes no no yes "call the question" 10. to extend debate no yes yes yes no yes no 11. to Count the vote no yes no no no** no no C -Main Motions 12. to take action or reconsider no yes yes yes no yes action taken 9.4 Point of Privilege. A point of privilege, sometimes called a point of personal privilege, is a communication from a Councilmember to the presiding officer, drawing urgent attention to a -need for personal accommodation. For example, the point may relate to an inability to see or hear, a matter of comfort; a matter of requested convenience, or an overlooked right of privilege that should have been accorded to the Councilmember(s). In essence, it is a call to the presiding officer for the purpose of assuring a Councilmember's convenient and appropriate participation in the meeting. Because of its urgent nature, a point of privilege can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, it cannot be debated or amended, and no vote is required. 9.5 Point of Procedure or Order. A point of procedure, sometimes called a point of order, is a question addressed to the presiding officer, no seconding is required, and either inquiring into the manner of conducting business or raising a question about the propriety of a particular procedure. It is simply an inquiry and is resolved by correction or clarification by the presiding officer. A point of procedure can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, a second is not required, and it cannot be debated or amended, and no vote is taken. 9.6 To A peal- a Ruling. Decisions or rulings of-the presiding officer are final on questions of procedure, except that any ruling by the presiding officer's ruling can be appealed to a vote of the Council. Whenever a Councilmember questions the appropriateness or essential fairness of the presiding officer, that member can appeal the ruling to a vote of the meeting. If, however, a motion is out of order as a matter of law (not a proper subject of the meeting, improper notice given, etc.), the presiding officer's ruling cannot be appealed. A motion to appeal cannot interrupt a speaker. To prevent frivolous appeals, a second is required. The motion is subject to debate (which should be brief) and, by its nature, is not amendable. To overrule a procedural decision of the presiding officer, an affirmative vote of three (3) Councilmembers is required. 9.7 To Recess. A motion to recess requests a brief interruption of the meeting's business, usually so that an ancillary matter can be addressed, or simply to provide a needed break. Unless stated in the motion, the period of recess is decided by the presiding officer. If necessary, a recess can extend the meeting from one day to another, subject to State law. Mandatory if seconded; no vote required Unless a greater vote is required by the Charter or State law 20154321.8 9 The motion cannot interrupt a speaker, and a second is required. It is debatable, it can be amended, and an affirmative vote of three (3) Councilmembers is required. 9.8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is essentially a communication to the presiding officer that the maker is withdrawing his/her proposal. This is the maker's privilege; thus, it does not require a second. Because the withdrawal motion obviates discussion, it can interrupt a speaker. In addition, because another Councilmember later can make a similar motion, a withdrawal motion is not subject to debate, amendment, or vote. The presiding officer should simply state that the motion is withdrawn, and the meeting should proceed with a new treatment of the issue at hand —or a new issue. 9.9 To Postpone or Extend. These motions may arise from a need for further information, a matter of convenience, or for any other reason that will enable the Council to deal with the issue more effectively during the same meeting or at a later time. Unless otherwise specifically provided in the motion itself, a postponed or extension motion can be renewed at a later appropriate time during the meeting or, if properly posted, at a later meeting. This motion cannot interrupt a speaker. It requires a second, it is debatable, and it is amendable (particularly as to postponement, timing), and an affirmative vote of three (3) Councilmembers is required. 9.10 To Refer. A motion to refer is typically used to submit an issue to a committee, usually for study leading to a subsequent recommendation. Because it ordinarily disposes the motion for purposes of the current meeting, a motion to refer is subject to the same rules that apply to a main motion. (See Section 9.14). This motion cannot interrupt a speaker, and a second is required. It is debatable and amendable, and an affirmative vote of three (3) Councilmembers is required. 9.11 To Amend. A motion to amend proposes a change in the wording of a motion then under consideration. When a motion to amend is pending and an amendment to the amendment is proposed, the presiding officer should focus discussion on the latest amendment, resolve that question, then proceed to the first amendment before continuing discussion on the main motion. Votes on amendments are thus in reverse order of the sequence in which they are proposed. A motion to amend cannot interrupt a speaker. It requires a second, and it is debatable and amendable. An affirmative vote of three (3) Councilmembers is required for approval of the amendment. Note that State law may restrict amendments to proposals that are required to be set forth in the notice of the meeting. 9.12 To Limit or Close Debate or "Call the Question ". Because the extent to which an issue is discussed rests primarily with discretion of the presiding officer, it is the presiding officer who carries the burden of ensuring that adequate time and discussion are given to differing points of view. A motion to limit or close debate is therefore an overruling of the presiding officer's determination. A motion to close debate is the same as a motion to "call the question ". Because this motion affects the. most fundamental right of any Councilmember, the right to speak one's views, it is the only procedural motion that requires an affirmative vote of two- thirds of participants voting. 20159321.8 10 9.13 To Count the Vote. A motion to count the vote should be limited to those circumstances where the convenient hearing of "yeas" and "nays" cannot clearly resolve the issue. It represents the right of a Councilmember to have a vote demonstrated by count. That count can be directed by the presiding officer either as a showing of hands or a standing of voting members while the vote is recorded. Upon completion of the count, the presiding officer announces the result—and final disposition of the issue voted upon. This motion cannot interrupt a speaker. It requires a second; it is neither debatable nor amendable; and, because of the importance of the matter, it should be considered mandatory; thus, no vote is required. 9.14 To Take Action or Reconsider an Action; Main Motions . These main motions state proposed policy or action on a substantive issue being considered by the Council. As such, the motion can be an initial call to take particular action; to reconsider action taken; or to rescind a prior decision. Although lowest in precedence among all motions, main motions are clearly the most important: through their content, the business decisions of the Council are determined. A main motion can be made only when a prior main motion has been disposed of It cannot interrupt a speaker; a second is required; it is debatable and amendable; and an affirmative vote of three (3) Councihmembers is required unless a greater vote is prescribed by the Charter or State law. ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning. All persons other than a recognized speaker shall, at the request of the presiding officer, be silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer may order the person to leave the meeting. The Chief of Police, or such member or members of the Police Department or other persons as the presiding officer may designate, shall be sergeant -at- arms of the Council meetings. If the person so requested does not leave the meeting, the presiding officer may order the sergeant -at -arms to remove such person. 10.2 Removal. Any designated sergeant -at -arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the presiding officer, it shall be the duty of the sergeant -at -arms to remove from the meeting any person who intentionally disturbs the proceedings of the Council (or successor provision of law). 10.3 Resisting Removal. Any person who resists removal by the sergeant -at -arms shall be charged with violating Section 42.05 (a) of the Texas Penal Code. 10.4 Motions to Enforce. Any Council member may move to require the presiding officer to enforce these Rules and the affirmative vote of a majority of the Councilmembers present and eligible to vote shall require the presiding officer to do so. 10.5 Adjournment. In the event that any meeting is willUly disturbed by a person or groups of persons so as to render the orderly conduct of such meeting unfeasible and when order cannot be restored by the removal of the individuals who are creating the disturbance, the meeting may be adjourned and the remaining business considered at the next regular or a special meeting or, subject to State law, may be recessed to a set time and date. 20159321.8 11 ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees. The Council may create committees, boards and commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the Charter, the Code of Ordinances, or State law. Membership and selection of members shall be as determined by the Council if not specified by the Charter, the Code of Ordinances, or State law. No person may concurrently serve on more than one Board unless, by virtue of his/her position on the Council, he /she also holds a position on another Board. Persons related within the second degree by affinity or consanguinity to the Mayor or any member of the Council shall not be eligible to serve on a standing committee. No standing committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter, the Code of Ordinances, or State law. 11.2 Special Committees. The Council may, as the need arises, authorize the appointment of "ad hoe" Council committees. Except where otherwise specifically provided by the Charter, the Mayor and the City Council shall appoint the members of the special committees. Any committee so created shall be given a "mission statement" directing its activities. Any special committee shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Councilmembers present and entitled to vote. ARTICLE 12. CITIZENS' RIGHTS 12.1 Addressing the Council. Any person desiring to address the Council by oral communication shall first secure the permission of the presiding officer. 12.2 Manner of Addressing the Council = Time Limit. Each person addressing the Council shall speak at the podium into the microphone (or at another designated location), shall give his/her name and address it an audible tone of voice for the record, and, unless further time is granted by the Council, shall, subject to Section 12.4 below, limit his/her remarks to three (3) minutes or less. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. No person, other than members of the Council or City staff (when requested by the presiding officer) and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council, unless requested or approved by the presiding officer. No questions shall be asked the Councilmembers, except through the presiding officer. Responses to questions may be limited as required by State law. 12.3 Personal and Slanderous Remarks. Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous, either while addressing the Council or_ otherwise while in attendance at a Council meeting, may be requested to leave the meeting, pursuant to Article 10 of these Rules, and may be removed from the meeting if necessary for the conduct of the remainder of the meeting. 12.4 Public Hearings. After being recognized by the presiding officer, interested persons, or their authorized representatives, may address the Council with respect to the subject 20159321.8 12 matter of a public hearing being conducted. The presiding officer may establish procedures at a public hearing to limit the amount of time (which, unless modified by the presiding officer, shall be as set forth in Section 12.2 above) interested persons may speak, subject to the Councilmembers' right to appeal the presiding officer's ruling pursuant to Section 9.6. Subject to modification by the presiding officer, and subject to the Councilmembers' right of appeal pursuant to Section 9.6, the normal order of a public hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a modified public hearing procedure by the presiding officer; (ii) address to the Council by any interested person(s); (iii) discussion by the Mayor and Councilmembers, including requests for information from City staff or any person(s) who addressed the Council; and (iv) action by the Council, if any is posted on the agenda relating to the hearing. 12.5 Written Communications. Interested persons, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the City's business or over which the Council has control at any time by direct mail or by addressing the City Secretary, who shall, on the request of the writer, distribute copies to the Councilmembers. 12.6 Hearing of Residents. There shall be included on the agenda of each City Council meeting an item labeled "Hearing of Residents ". After being recognized by the presiding officer, members of the public (giving precedence to residents of the City) may address the Council on items on or not on the agenda at that tune, providing they have completed the "Hearing of Residents" form, unless authorized by the presiding officer. The form shall be made available to persons wishing to address the Council prior to the calling of the meeting to order and such completed form shall be made available to the presiding officer prior to the calling of the meeting to order. The persons signed up for "Hearing of Residents" must speak during the "Hearing of Residents" portion of the meeting. Councilmembers and members of City staff may not discuss unposted items nor take any action thereon other than to (1) make a statement of factual information, (2) make a statement of existing City policy, or (3) discuss placing the item on a future agenda. Persons speaking shall be subject to the time limits set forth in Section 12.2, unless otherwise authorized by the presiding officer. ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 City Manager to Provide Information. The City Manager is directly responsible for providing information to all the Councilmembers concerning any inquiries by a specific Councihnember. If the City Manager or his staff's time is being dominated or misdirected by a Councilmember, it is his responsibility to inform the Mayor or the Council as a whole. 13.2 Cfty Manager's Responses to Requests. The City Manager is expected to respond in a timely manner to the Council and Councilmember's requests. When information is requested, the City Manager will estimate a reasonable time frame for collecting the requested information. (a) If the City Manager disagrees with the request, he should say so and explain his position. 20154321.8 13 (b) If the City Manager disagrees with individual directives, he should initiate clarification of the Council's will with regard to the individual Councilmember's request. (c) The City Manager may delegate responsibility for the response as necessary and appropriate, but the City Manager will be responsible for its receipt by the Council in a timely manner. (d) The City Manager should maintain a checklist and timetable for requests and other directives of the Council. (e) All Councilmembers will be provided the same written information when any matter under consideration may be of general concern to the Council. There will be no preferential dissemination of information by the City Manager or his staff. 13.3 Directions to City Manager. During meetings of the Council, unless a vote is taken, a consensus of the Councilmembers present will be required to direct the City Manager to take any action. 13.4 City Manager's DpV to Inform. The City Manager is responsible for keeping the Council informed. The Council should be provided weekly reports outlining progress on outstanding issues as well as information on new issues and opportunities. Additionally, the Council should be informed of City news prior to release of such information to the community, newspaper(s), or other governmental entities, etc. 13.5 Customer Concerns. It is the responsibility of the City Manager to establish procedures for handling customer concerns in all departments with prompt feedback to citizens and Councilmembers. 13.6 City Manager/Council Relations. The. City Manager should strive to maintain positive relations with the Council by following these guidelines: (a) Work to establish mutual trust with the Council. (b) Maintain open lines of communication with the Council and keep Council informed. (c) Inform all Councilmembers of educational opportunities, recognizing that an educated Council is in the City's best interest. (d) Include the Council in City- sponsored employee social events. (e) Conduct orientation sessions for new Councilmembers, including a tour of City buildings and introductions to staff. Amended: January S, 2013 20159321.8 14 CITY OF SCHERTZ, TEXAS The City's Home Rule Charter is set out herein as adopted by the people at an election held on April 6, 1974, as amended by elections on April 7, 1979, May 6, 1989, May 7, 1994, May 3, 1997, May 13, 2006, November 4, 2008, and November 6, 2012. The parenthetical note at the end of certain sections indicates the election(s) at which that section was amended. 50116599.2 ARTICLE I NAME OF CITY AND BOUNDARIES .......................... ............................... 2 Section1.01 Name ...................................................................... ..............................2 Section 1.02 Boundaries; Extension, Annexation and Disannexation ...................... 2 ARTICLE IT POWERS OF THE CITY ................................................. ............................... 3 Section 2.01 General Powers ..................................................... ............................... 3 Section 2.02 Intergovernmental Relations ................................. ............................... 3 ARTICLE III FORM OF GOVERNMENT ............................................ ............................... 4 Section 3.01 Establishment ........................................................ ............................... 4 ARTICLE IV THE CITY COUNCIL ...................................................... ............................... 5 Section 4.01 Number, Selection and Term ................................ ............................... 5 Section4.02 Qualifications ........................................................ ............................... 5 Section 4.03 Judge of Election Qualifications ........................... ............................... 5 Section4.04 Compensation ....................................................... ............................... 5 Section 4.05 Mayor and Mayor Pro-Tem ........... ....................... ............................... 5 Section 4.06 Vacancies, Forfeiture, Filling of Vacancies .......... ............................... 6 Section4.07 Prohibitions ........................................................... ............................... 6 Section 4.08 Powers of the City Council ................................... ............................... 7 Section 4.09 Meetings and Procedure ........................................ ............................... 7 Section 4.10 Inquiry Powers ...................................................... 8 ............................... ARTICLE V CITY MANAGER ............................................................ ............................... 9 Section 5.01 Appointment; Qualifications; Compensation ....... ............................... 9 Section 5.02 Acting City Manager ............................................. ............................... 9 Section 5.03 Powers and Duties of City Manager ..................... ............................... 9 ARTICLE VI OTHER DEPARTMENTS, OFFICES OR AGENCIES ............................... 11 Section 6.01 General Provisions .............................................. 11 ............................... Section 6.02 Personnel Rules ................................................... ............................... 11 Section6.03 City Attorney ...................................................... ............................... I 1 Section 6.04 Judge of the Municipal Court ............................. ............................... I 1 Section 6.05 Terms of Office of City Attorney and Municipal Judge .................... 12 Section 6.06 City Secretary ...................................................... ............................... 12 Section 6.07 Tax Assessor - Collector ....................................... ............................... 12 ARTICLE VII FINANCIAL PROCEDURES ........................................ ............................... 14 Section7.01 Fiscal Year .......................................................... 14 ............................... 50116599.2 i aection 7.U1. Submission of Budget ......................................... ............................... 14 Section 7.03 Budget Message .................................................. ............................... 14 Section 7.04 Budget Contents .................................................. ............................... 14 Section 7.05 Capital Improvements Program .......................... ............................... 15 Section 7.06 City Council Action on Budget ........................... ............................... 15 Section 7.07 Amendments After Adoption .............................. ............................... 16 Section 7.08 Purchase Procedures ........................................... ............................... 16 Section 7.09 Lapse of Appropriations ..................................... ............................... 16 Section 7.10 Director of Finance ............................................. ............................... 17 Section7.11 Audit ................................................................... ............................... 18 ARTICLE Vffl PLANNING, ZONING AND ADJUSTMENTS ............ ............................... 19 Section 8.01 Planning and Zoning Commission ...................... ............................... 19 Section 8.02 Board of Adjustment ........................................... ............................... 19 ARTICLE 1X NOMINATIONS AND ELECTIONS ............................ ............................... 20 Section 9.01 City Elections ...................................................... ............................... 20 Section9.02 Candidates ........................................................... ............................... 20 Section 9.03 Determination of Election Results ...................... ............................... 20 Section 9.04 City Council Ballots ............................................ ............................... 21 Section 9.05 Ballots for Ordinances and Charter Amendments ............................. 21 ARTICLE X INITIATIVE, REFERENDUM AND RECALL ............ ............................... 22 Section 10.01 General Authority ............................................... ............................... 22 Jeetlon IU.U1. Commencement of Proceedings; Petitioners' C ominittee; Affidavit.............................................................. ............................... 22 Section10.03 Petitions ............................................................... ............................... 22 Section 10.04 Procedure After Filing ....................................... ............................... 23 Section 10.05 Referendum Petitions; Suspension of Effect of Ordinance ............... 24 Section 10.06 Action on Petitions .............................................. ............................... 24 Section 10.07 Results of Election .............................................. ............................... 25 Section 10.08 Limitation on Recall ........................................... ............................... 25 ARTICLE XI PUBLIC UTILITIES ...................................................... ............................... 26 Section 11.01 Powers of the City ............................................... ............................... 26 Section11.02 Franchises ........................................................... ............................... 26 Section 11.03 Franchise Value Not To Be Allowed .................. ............................... 26 50116599.2 ii Section 1 1.04 Right of Regulation ............................................. ............................... 26 Section 11.05 Franchise Records ............................................... ............................... 27 Section 11.06 Regulations of Rates and Service ....................... ............................... 27 ARTICLE XII GENERAL PROVISIONS ............................................. ............................... 29 Section 12.01 Personal Financial Interest .................................. ............................... 29 Section 12.02 Prohibitions ........................................................... .............................29 Section 12.03 Liability for Personal Injuries or Death .............. ............................... 30 Section 12.04 Chatter Amendment ............................................ ............................... 30 Section 12.05 Chatter Review Commission .............................. ............................... 31 Section12.06 Separability ......................................................... ............................... 31 Section12.07 State Law ............................................................ ............................... 31 Section12.08 Headings ............................................................. ............................... 32 50116599.2 lli PREAMBLE The citizens of the City of Schertz, in the Counties of Guadalupe, Bexar and Comal, State of Texas, being aware that their community is becoming ever larger and more prosperous and that ever increasing growth and prosperity are certain, desire to plan, regulate and control the affairs of the City to the fullest extent possible under the Constitution and general laws of this State. In this spirit, the citizens of the City of Schertz do hereby ordain this the Charter of the City of Schertz and accept the duties and responsibilities which it imposes and the privileges which it grants. (Election of 5 -6 -89, 5 -3 -97) [End of Preamble] 56116599.2 ARTICLE I NAME OF CITY AND BOUNDARIES Section 1,01 Name. Those persons residing within the limits of the City, as those limits now are or as they may be in the future changed, are hereby constituted and shall continue to be a municipal body politic to exist in perpetuity under the name "CITY OF SCHERTZ" hereinafter referred to as the "City ". (Election of 5 -3 -97) Section 1.02 Boundaries; Extension, Annexation and Disannexation. (a) Boundaries. The bounds and Limits of the City are hereby established and described as those which exist under authority of the current City ordinances and displayed on a map maintained by the City Secretary and those boundaries established and changed hereafter as provided; such map to be maintained hereafter by the City Manager and maintained in a public place. (b) Extension of Boundaries, of Territory. The City Council shall have the power by ordinance to annex territory lying adjacent to the City, with or without the consent of the owners or inhabitants thereof, thereby extending and enlarging the bounds and limits of the City. Such annexations shall be limited and controlled by the applicable annexation laws of the State. (c) Disannexation. Any area hereafter annexed under this Charter and the law of this State may be disannexed only in accordance with State law. (Election of 5 -3 -97, 5- 13 -06) [End of Article 1] 50116599.2 2 ARTICLE II POWERS OF THE CITY Section 2.01 General Powers. The City shall have all the powers granted to cities by the Constitution and general laws of the State together with all of the implied powers necessary to execute such granted powers. The City may use a corporate seal; may sue and be sued; may contract and be contracted with; may cooperate with the government of the State or any agency or any political subdivision thereof, or with the federal government or any agency thereof, to accomplish any lawful purpose for the advancement of the interest, welfare, health, morals, comfort, safety, and convenience of the City and its inhabitants; may acquire property within or without its corporate limits for any municipal purpose in fee simple, or in any lesser interest or estate, by purchase, gift, devise, lease or condemnation; may sell, lease, mortgage, hold, manage, improve, and control such property as may now or hereafter be owned by it; may issue bonds upon the credit of the City for the purpose of making permanent public improvements or for other public purposes in the amount and to the extent permitted by applicable law, subject to the approval of the voters of the City as required by State law; and may pass ordinances and enact such regulations as may be expedient for the maintenance of good government, order and peace of the City and the welfare, health, morals, comfort, safety, and convenience of its inhabitants. In addition to the powers enumerated herein, and subject only to the limitations imposed by the Constitution, the general laws of the State, and this Charter, the City shall have without the necessity of express enumeration in this Charter, each and every power, which by virtue of Article XI, Section 5 of the Constitution of Texas, the people of the City are empowered by election to grant to or confer upon the City by expressly and specifically granting and enumerating the same herein. (Election of 5 -6 -89, 5 -3 -97, 5- 13 -06) Section 2.02 Intergovernmental Relations. The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more state or civil divisions or agencies thereof, or the federal government or any agency thereof. (Election of 5 -6 -89, 5 -3 -97, 5- 13 -06) [End of Article II] 50H6599.2 3 ARTICLE III FORM OF GOVERNMENT Section 3.01 Establishment. The municipal government provided by this Charter shall consist of a Mayor and Councilmembers, elected by the people and responsible to the people, and a City Manager, appointed by and responsible to the City Council for proper administration of the affairs of the City. Pursuant to its provisions and subject only to the limitations imposed by the Constitution and general laws of the State and by this Charter, all powers of the City shall be vested in the elected Mayor and Councilmembers, who shall enact local legislation, adopt budgets and determine policies. All powers of the City shall be exercised in the manner prescribed by this Charter, or if not prescribed, then as may be prescribed by ordinance. (EIection of 5 -6 -89, 5 -3 -97, 5- 13 -06) [End of Article Ili] 50116599.2 4 ARTICLE IV THE CITY COUNCIL Section 4.01 Number, Selection and Term. The City Council shall be composed of the Mayor and five Councilmembers. The Mayor and all Councilmembers shall be elected from the City at large. Subject to Section 4.06(c), the Mayor and Councilmembers shall be elected in the manner provided in Section 9.01 of this Charter for two -year terms. Each Councilmember shall occupy a position on the City Council, such positions being numbered Place One through Place Five. At the first general election held under this Charter and each odd - numbered year thereafter, Councilmembers to fill Places Three, Four, and Five shall be elected. The following year and each even - numbered year thereafter, the Mayor and the Councilmembers filling Places One and Two shall be elected. (Election of 5 -6 -89, 5 -3 -97, 5- 13 -06) Section 4.02 Qualifications. The Mayor and each Councilmember must, at the time of filing for office, have attained the age of eighteen, be a registered voter, and have been a resident of the City for at least six consecutive months immediately preceding filing for office, and not be an obligor to the City on any obligation past due, provided, however, that a person may be elected and hold office if such obligation is being actively contested in the appropriate forum. (Election of 4 -7 -79, 5 -6 -89, 5 -3 -97, 5- 13 -06, 11 -4 -08) Section 4.03 Judge of Election Qualifications. The City Council is the final judge of all elections and the qualifications of its members and any other elected officials of the City. Section 4.04 Compensation. Members of the City Council shall serve with such compensation as determined by the City Council. An increase in compensation shall not be effective for any member of the City Council during the term for which he or she was elected and the increase was approved. Payment of expenses incurred in performance of official duty may be approved by the City Council. ( EIection of 5 -6 -89, 5- 13 -06) Section 4.05 Mayor and Mayor Pro -Tem. The Mayor shall be the official head of the City government. He or she shall be the chairman and shall preside at all meetings of the City Council. The Mayor may vote only in the event of a tie. He or she shall, when authorized by the City Council, sign all official documents such as ordinances, resolutions, conveyances, grant agreements, official plats, contracts, and bonds. He or she shall appoint special committees as instructed by City Council, with committee membership to be composed of nominees by the City Council. He or she shall perform such other duties consistent with this Charter or as may be imposed upon him or her by City Council. The Mayor shall not have veto powers. 50116599.2 5 The Mayor Pro -Tern shall be a Councilmember appointed by the City Council for a term and pursuant to procedures established by the City Council from time to time. The Mayor Pro - Tem shall act as Mayor during the absence or disability of the Mayor and in this capacity shall have the rights conferred upon the Mayor. While acting as Mayor, the Mayor Pro -Tem may vote on any matter before the City Council. (Election of 4 -7 -79, 5 -6 -89, 5 -3 -97, 5- 13 -06, 11 -06 -12) Section 4.06 Vacancies, Forfeiture, Filling of Vacancies. (a) Vacancies. The office of a Councilmember or the office of the Mayor shall become vacant upon his or her death, mental or physical disability, resignation, removal from office in any manner authorized by law, or forfeiture of his or her office. Determination of mental or physical disability shall be certified by two physicians qualified to practice medicine in the State. (b) Forfeiture. The Mayor or a Councilmember shall forfeit his or her office upon: (1) Final conviction of a felony or of an offense involving moral turpitude. (2) Ceasing to be a resident of the City. (3) Failure to regularly attend City Council meetings without good cause. Good cause shall be illness or temporary disability, absence from the City, or family emergency. There shall be a presumption of failure to regularly attend when more than three consecutive regular meetings are missed, (Election of 5 -6 -89, 5 -3 -97, 5 -13 -06) (c) Filling Vacancies. (1) In the event of a single vacancy in the City Council, if there are 365 days or more remaining on the term of the vacated City Council position, the City Council shall call a special election to fill such vacancy. If there are less than 365 days remaining in the term of the vacated City Council position, the City Council may, by majority vote of the remaining Councilmembers, at its discretion appoint a new Mayor or Councilmember to fill such vacancy or call a special election to fill such vacancy. (Election of 11 -4 -08) (2) When more than one vacancy on the City Council shall exist at any time, a special election to fill such vacancies shall be called by the City Council. (Election of 5- 13 -06) Section 4.07 Prohibitions (a) Holdiniz other Office. No Mayor or Councilmember shall hold any other public office or employment with the City nor have any financial interest, directly or indirectly, in any City contract or transaction; and no former Mayor or Councilmember shall hold any compensated City office or employment until two (2) years after the expiration of the term for which he or she was elected to the City Council. (Election of 11 -4 -08) 50t]6599.2 6 (b) Appointments and Removals. Neither the City Council nor any of its members shall in any manner dictate the appointment or removal of any City administrative officer or employee whom the City Manager or any of his or her subordinates are empowered to appoint, unless otherwise provided in this Charter, but the City Council may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such officers and employees. (c) Interference with Administration. Except for the purpose of inquiries, unless otherwise provided in this Charter, the City Council or its members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the City Council nor its members shall give orders to any such officer or employee, either publicly or privately. (d) Admission of Liabilit . Neither the City Council nor any of its members or employees of the City shall accept or admit liability or pay any claim for damages asserted against the City without first obtaining a written opinion from the City Attorney regarding the City's liability therein. (Election of 5 -6 -89, 5 -3 -97, 5- 13 -06) Section 4.05 Powers of the City Council. All City powers shall be vested in the City Council, except as otherwise provided by law or this Charter. (Election of 5- 13 -06) Section 4.09 Meetings and Procedure. (a) Date Time Place and Notice. The City Council shall meet at least once each month at a time and place prescribed by ordinance. Special meetings may be called by the Mayor, the City Manager, or on application of three Councilmembers. Written notice of the date, place and subject of each meeting shall be posted in the City Hall and written notice of no Iess than twelve hours (two hours in the event of an emergency meeting of the City Council) shall be given to each Councilmember. (b) Open Meetings. Meetings shall be open to the public in accordance with applicable State law. (c) Quoru m. Three Councilmembers (excluding the Mayor) shall constitute a quorum, and no action shall be valid unless adopted by the affirmative vote of three or more members of the City Council. If the Mayor Pro -Tem is presiding, he or she shall be counted for purposes of determining a quorum. (d) Rules of Procedure. The City Council shall, by ordinance, determine its own rules and order of business, provided, however, that the citizens of the City shall have a reasonable opportunity to be heard at any meeting with regard to any matter relevant to the government of the City except at such meetings of the City Council as may be closed to the public as permitted by State law. Provision shall be made for the taking of minutes, which minutes shall be a public record. Voting, except on procedural matters, shall be by roll call and the ayes and nays shall be recorded in the minutes. 50116599.2 7 (e) Passage of Ordinances and Resolutions. Ordinances and resolutions shall be introduced to the City Council only in written or printed form. The subject or subjects of all ordinances and resolutions shall be clearly expressed in the title. Except as may otherwise be prescribed in this Charter, an ordinance shall not be passed at the meeting of the City Council at which it is first introduced, but instead the ordinance or its caption shall be read, and the City Council will determine whether it shall be rejected or further considered at a subsequent meeting of the City Council. If rejected, no further action shall be required. The City Council must take second and final consideration of any ordinance not later than sixty days after the first reading of such ordinance. Notwithstanding the foregoing provisions, if the City Council, by a vote of not less than two - thirds of the members, present at the meeting at which an ordinance is first introduced, determines that an emergency exists requiring immediate action, such ordinance may then be voted upon and rejected or passed at that meeting. The "ayes" and "nays" shall be taken upon the passage of all ordinances and resolutions and entered in the minutes of the City Council. The affirmative vote of three or more members of the City Council is required to enact any ordinance or resolution. The Mayor shall vote only in the event of a tie; the Mayor Pro -Tern may vote on any matter being considered by the City Council. The enacting clause of all ordinances shall be, "BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ", and every ordinance shall be authenticated by the signature of the Mayor and the City Secretary and shall be systematically recorded and indexed in an ordinance book in a manner approved by the City Council. (1) Franchise ordinances. All ordinances granting, confirming, extending, renewing or amending a franchise shall be accepted in writing by the grantees, and the full text thereof shall be placed on the City's website for at least one week prior to final adoption of the franchise ordinance. (2) Effective date. Every ordinance passed by the City Council shall be enrolled by the City Secretary as soon as practicable after its passage. If the ordinance was published, he or she shall note the time and place of publication which shall be prima facie proof of publication thereof. The affidavit by the printer or publisher shall also be prima facie proof of the publication. Enrollment of an ordinance shall be prima facie proof of its legal adoption and effect. (3) Codification of ordinances. The City Council shall have the power to cause the ordinances of the City to be corrected, amended, revised, codified and printed in code form as often as the City Council deems advisable, and such printed code, when adopted by the City Council, shall be in full force and effect without the necessity of publishing the same or any part thereof in a newspaper. All printed ordinances or codes of ordinances shall be admitted as evidence in all courts without further proof and shall have the same force and effect as did the original ordinance. (Election of 5 -6 -89, 5 -3 -97, 5- 13 -06, 11- 06 -12) Section 4.10 Inquiry Powers. The City Council shall have the authority to inquire into the affairs of the City and the conduct of any City department, office, or agency. (Election of 4 -7 -79, 5 -6 -89, 5 -3 -97, 5- 13 -06) 54! 16599.2 8 [End of Article 1V] ARTICLE V CITY MANAGER Section 5.01 Appointment; Qualifications; Compensation. The City Council shall appoint a City Manager and fix his or her compensation. He or she shall be chosen on the basis of his or her executive and administrative training, experience, ability and character. He or she need not be a resident of the City or State at the time of his or her appointment, but he or she must agree, prior to such appointment, to become a resident of the City within four months after the date of his or her appointment. If he or she thereafter fails to become a resident of the City within that four -month period, he or she shall be deemed to have forfeited his or her appointment and the office shall be declared vacant by announcement of the Mayor at the first meeting of the City Council following the expiration of the four -month period. The City Manager shall serve at the will and pleasure of the City Council. He or she shall be employed for or relieved from his or her duties by a vote of a majority of the members of the entire City Council. On the recommendation of the City Manager, the City Council may appoint one or more Assistant City Managers and set the compensation for such appointees. (Election of 5 -6 -89, 5 -3 -97, 5- 13 -06, 11 -4 -08) Section 5.02 Acting City Manager. By letter filed with the City Secretary the City Manager shall designate, subject to approval of the City Council, a qualified City administrative officer to exercise the powers and perform the duties of City Manager during his or her temporary absence or disability. During any vacancy in the office of City Manager, the City Council may appoint an Acting City Manager to perform the duties of City Manager. During such absence, disability, or vacancy, the City Council may revoke such designation at any time and appoint another officer of the City to serve as Acting City Manager until the City Manager shall return or his or her disability shall cease or such vacancy is filled. (Election of 5 -6 -89, 5- 13 -06) Section 5.03 Powers and Duties of City Manager. The City Manager shall be the chief administrative officer of the City. He or she shall be responsible to the City Council for the administration of all City affairs placed in his or her charge by or under this Charter. He or she shall have the following powers and duties: (a) He or she shall appoint and, when he or she deems it necessary for the good of the City, suspend or remove City employees and appointive administrative officers provided for, by or under this Charter, except as otherwise provided by Iaw, this Charter, or personnel rules adopted pursuant to this Charter. He or she may authorize any administrative officer who is subject to his or her direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency. (b) He or she shall direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law. 50116599.2 9 (c) He or she shall attend all City Council meetings and shall have the right to take part in discussion but may not vote. (d) He or she shall see that all laws, provisions of this Charter- and acts of the City Council, subject to enforcement by him or her or by officers subject to his or her direction and supervision, are faithfully executed. (e) He or she shall prepare and submit the annual budget and capital program to the City Council. (f) He or she shall submit to the City Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year. (g) He or she shall make such other reports as the City Council may require concerning the operations of City departments, offices and agencies subject to his or her direction and supervision. (h) He or she shall keep the City Council fully advised as to the financial condition and future needs of the City and make such recommendations to the City Council concerning the affairs of the City. (i) He or she shall perform such other duties as are specified in this Chatter or may be required by the City Council. 0) He or she shall keep a written inventory of all real property and all permanent equipment belonging to the City, said inventory to be subject to annual audit. A system shall be established to control the use and replacement of expendable items. (k) He or she shall have the authority to sign documents in the name of the City as authorized by the City Council. (Election of 4 -7 -79, 5 -6 -89, 5- 13 -06) [End of Article V] 50116599.2 10 ARTICLE VI OTHER DEPARTMENTS, OFFICES OR AGENCIES Section 6.01 General Provisions. (a) Creation of Departments. The City Council may continue, discontinue or establish City departments, offices or agencies in addition to those created by this Charter and may prescribe the functions of all departments, offices and agencies. (b) Direction by City Manager. All departments, offices and agencies under the direction and supervision of the City Manager shall be administered by an officer appointed by and subject to the direction and supervision of the City Manager. With the consent of the City Council, the City Manager may serve as the head of one or more such departments, offices or agencies or may appoint one person as the head of two or more of them. (Election of 4-7 -79, 5- 13 -06) Section 6.02 Personnel Rules. The City Manager shall be responsible for the preparation of personnel rules, which rules shall be submitted by him or her to the City Council. The City Council may accept and adopt such rules as proposed or may adopt them with such amendments as the City Council deems necessary or may reject them in their entirety and direct the City Manager to further consider the rules and present new proposals at a subsequent meeting. (Election of 5 -6 -89, 5- 13 -06) Section 6.03 City Attorney. The City Council shall appoint a City Attorney for an indefinite term and fix his or her compensation. The City Attorney must be a member of the State Bar of Texas. He or she shall serve as chief legal advisor to the City, including the City Council, and, subject to applicable rules of the State Bar of Texas, the City Manager, supei visors of City departments and other City officers and agencies. He or she shall represent the City in all legal proceedings and shall perform any other duties prescribed by this Charter, ordinances of the City, or State laws. The City Council may retain an additional attorney or attorneys for the City when the City Attorney is absent or as other circumstances require. (Election of 5 -6 -89, 5- 13 -06) Section 6.04 Judge of the Municipal Court. The City Council shall establish a Municipal Court and shall appoint a Judge (and may appoint one or more deputy Judges) of the Municipal Court of the City and fix his or her compensation. Sessions of the Municipal Court shall be held at such times as may be determined by the Judge of the Municipal Court. When the Judge is absent, disabled or unable to perform his or her duties for any cause, or his or her office becomes vacant by reason of death, removal or resignation and no deputy Judge has been appointed, the City Council may appoint a special Judge of said court who shall serve until the Judge of said court returns to his or her duties or a successor is appointed and 50116599.2 11 qualifies or a deputy Judge is appointed and qualifies. (Election of 4 -7 -79, 5 -6 -89, 5 -3 -97, 5- 13 -06) Section 6.05 Terms of Office of City Attorney and Municipal Judge. Neither the City Attorney nor the Judge of the Municipal Court shall have any specified term of office, but each shall serve at the will and pleasure of the City Council. Either of such officers may be appointed to or relieved from office by a majority vote of the City Council. Section 6.06 City Secretary. The City Council shall appoint a City Secretary and his/her deputy or deputies who shall act as Secretary of the City Council and who shall hold office at the pleasure of the City Council. The City Secretary shall be the clerical officer of the City Council, and shall keep the minutes, agenda, ordinances and other official records of the City Council and the City. The City Secretary shall be the custodian of the official seal of the City, and shall have such other duties and powers prescribed in this Charter and by the City Council. The City Council will set the compensation for the City Secretary. The City Secretary shall report administratively to the City Manager but may be removed from office only by the City Council. (Election of 4 -7 -79, 5 -6 -89, 5 -3- 97,5- 13 -06) Section 6.07 Tax Assessor - Collector. (a) Assessor - Collector. The City Manager shall appoint, and may remove, the City's Assessor - Collector of taxes. The City Council may, in the interest of economy and efficiency and on the recommendation of the City Manager, authorize the City Manager to contract with an individual or another political subdivision as Assessor - Collector to handle the assessment and /or collection of taxes, and no separate Assessor - Collector need be appointed in such case. The Assessor - Collector shall give a surety bond for the faithful performance of his or her duties including compliance with all controlling provisions of the State law bearing upon the functions of his or her office in a sum which shall be fixed by the City Council, but in no event shall the amount be less than twenty thousand dollars, the cost to be borne by the City; provided, if the Assessor - Collector is an officer of another political subdivision providing services to the City by contract and if the City Council determines that the Assessor - Collector's existing surety bond sufficiently protects the City, no further surety bond shall be required. (b) Power to Levy, Assess and Collect Taxes. The City shall have the power to assess, levy and collect an annual tax upon taxable property within the City not to exceed the maximum provided by the Constitution and general laws of the State. (c) Taxes, When Due and Payable. All taxes due the City shall be payable at the Office of the Assessor - Collector and may be paid at any time after the tax rolls for the year have been completed and approved, which shall be not later than October first. Taxes shall be paid before February 1, and all such taxes not paid prior to such date shall be deemed delinquent and shall be subject to such penalty and interest as authorized by applicable State law. The City Council may, by ordinance, provide a discount for prompt payment of current taxes. The City Council may contract with an attorney or attorneys for the collection of delinquent taxes as authorized by applicable State law. 50116599.2 12 (d) Arrears of Taxes Offset of Debt Against City. The City shall be entitled to counterclaim and offset against any debt, claim, demand or account owed by the City to any person, partnership, association or corporation who is in arrears to the City for taxes, in the amount of taxes so in arrears, and no assignment or transfer of such debt, claim, demand or account after the said taxes are due, shall affect the right of the City to so offset the said taxes against the same. (e) Tax Remissions, Discounts and Compromises. Neither the City Manager nor the City Council shall have the right to forgive any current or delinquent taxes or penalty and interest related to taxation except in cases of error or otherwise as permitted by State law. (Election of 5 -6 -89, 5 -3 -97, 5- 13 -06, 11- 06 -12) [End of Article VI] 5GH6599.2 13 ARTICLE VII FINANCIAL PROCEDURES Section 7.01 Fiscal Year. The fiscal year of the City shall begin on the first day of October and end on the last day of the following September. (Election of 5- 13 -06) Section 7.02 Submission of Budget. The City Manager shall submit to the City Council a budget for the ensuing fiscal year and an accompanying message not later than sixty days prior to the beginning of each fiscal year. (Election of 5- 13 -06) Section 7.03 Budget Message. The City Manager's budget message shall outline the proposed financial policies of the City for the ensuing fiscal year; describe the important features of the budget; indicate any major changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes; and summarize the City's debt position and include such other material as the City Manager deems desirable. (Election of 4 -7 -79, 5 -6 -89, 5 -13 -06) Section 7.01 Budget Contents. The budget shall provide a complete financial plan for the ensuing fiscal year. It shall contain the following: (a) A budget message. (b) A consolidated statement of receipts and expenditures for all funds. (c) An analysis of property valuations. (d) An analysis of tax rate. (e) Tax levies and tax collections by years for the preceding five years. (f) General fund resources and all other fund resources in detail. (g) Summary of proposed expenditures by function, department and activity. (h) Summary of proposed expenditures by character and object. (i) Detailed estimates of expenditures shown separately for each activity to support the summaries mentioned in (g) and (h) above. Such estimates of expenditures are to include an itemization of positions showing the number of persons having each title and the rate of pay. 0) A revenue and expense statement for all types of bonds. 50116599.2 14 (k) A description of all bond issues outstanding, showing rate of interest, date of issue, maturity date, call date, if any, amount authorized, amount issued, and amount outstanding. (1) A schedule of requirements for the principal and interest on each issue of bonds. (m) A special funds section. (n) The appropriation ordinance. The total estimated expenditures of each fund shall not exceed the total estimated resources of each fund's prospective income plus cash on hand. The classification of revenues and expenditure accounts shall conform as nearly as local conditions will permit to the uniform classification as promulgated by the national committee on municipal accounting or some other nationally accepted classification. (Election of 4 -7 -79, 5- 13 -06) Section 7.05 Capital Improvements Program. The City Manager may prepare and submit to the City Council a five year capital improvements program on his or her own initiative and shall do so when so directed by the City Council. (Election of 4 -7 -79, 5 -6 -89, 5- 13 -06) Section 7.06 City Council Action on Budget. (a) Notice and hearing. The City Council shall have published as set forth in applicable State law a general summary of the budget and a notice stating: (1) the time and places where copies of the message and budget are available for inspection by the public, and (2) the time and place for a public hearing on the budget. (b) Amendment before Adoption. After the public hearing, the City Council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law or for debt service or for estimated cash deficit, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than the total of estimated income. (c) Adoption. The City Council should adopt the budget, with or without amendments, after public hearings and before the first day of the ensuing fiscal year. Should the City Council take no final action, amounts appropriated for the current fiscal year shall be deemed adopted on a month to month basis. Final adoption shall constitute appropriation of the expenditures proposed from funds so indicated. (Election of 5 -6 -89, 5- 13 -06) 50116599.2 15 Section 7.07 Amendments After Adoption. (a) Supplemental Appropriations. If, during the fiscal year, the City Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the City Council may make supplemental appropriations for the year up to the amount of such excess. (b) Emergency Appropriations. To meet a public emergency affecting life, health, property or the public peace, the City Council may make emergency appropriations. To the extent that there are no available unappropriated revenues to meet such appropriations, the City Council may by such ordinances authorize the issuance of emergency notes in accordance with applicable State law, which emergency notes may be renewed as necessary in accordance with applicable State law. (c) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the City Manager that the revenues available will be insufficient to meet the amount appropriated, he or she shall report to the City Council without delay, indicating the estimated amount of the deficit, any remedial action taken by him or her and his or her recommendations as to any other steps to be taken. The City Council shall then take such further action as it deems necessary to prevent or minimize any deficit and for that purpose it may reduce one or more appropriations. (d) Transfer of Appropriations. Upon written request by the City Manager, the City Council may transfer part or all of any unencumbered appropriated balance among programs within a department, office or agency, or from departments, offices or agencies. (e) Limitations; Effective Date. No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below the amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this Section may be made effective immediately upon adoption. (Election of 4 -7 -79, 5 -6 -89, 5- 13 -06) Section 7.08 Purchase Procedures. The City Manager shall be responsible for the preparation of purchase procedures, and the procedures shall be submitted by him or her to the City Council. The City Council may accept and adopt such procedures as proposed or may adopt them with such amendments as the City Council deems necessary or may reject them in their entirety and direct the City Manager to further consider the procedures and present new proposals at a subsequent meeting. The purchase procedures may be reviewed periodically. (Election of 4 -7 -79, 5 -6 -89, 5 -3 -97, 5- 13 -06) Section 7.09 Lapse of Appropriations. Every appropriation, except an appropriation for a capital expenditure, shall lapse at the close of the fiscal year to the extent that it has been expended or encumbered. An appropriation for capital expenditure shall continue in force until the purpose for which it was made has been 50116599.2 16 accomplished or abandoned; the purpose of any such appropriation shall be deemed abandoned if three years pass without any disbursement from or encumbrance of the appropriation. Section 7.14 Director of Finance. (a) Appointment: Surety Bond. There shall be a department of finance, the head of which shall be the City Manager or his designee who shall provide a bond with such surety and amount as the City Council may require, except that such bond shall be in an amount of not less than twenty thousand dollars, the cost to be borne by the City. (b) Power and Duties. The City Manager shall have charge of the administration of the financial affairs of the City, and to that end he or she shall supervise the head of the department of finance (if other than the City Manager) and shall have authority and shall be required to: (1) Compile the estimates of revenues and expenditures for the budget. (2) Supervise and be responsible for the disbursement of all money and have control over all expenditures to ensure that budget appropriations are not exceeded. Disbursement from the City's depository bank will require two signatures. (3) Maintain a general accounting system for the City and each of its offices, departments and agencies; keep books for and exercise financial budgetary control over each office, department and agency; keep separate accounts for the items of appropriation, the amounts paid therefrom, the unpaid obligations against it and the encumbered balance; and require reports of receipts and disbursements from each receiving and spending agency of the City to be made daily or at such intervals as he or she may deem expedient. (4) Submit to the City Council a monthly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the City. (5) Prepare, as of the end of each fiscal year, a complete financial statement and report. (6) Supervise and be responsible for the collection of all taxes, special assessments, license fees and other revenues of the City or for whose collection the City is responsible and receive all money receivable by the City from the State or federal government, or from any court, or from any office, department or agency of the City. (7) Serve as Ex- Officio City Treasurer and have custody of all public funds belonging to or under the control of the City, or any office, department or agency of the City, and have deposited daily all funds coming into his or her hands in such depository(s) as may be designated by resolution of the City Council, as determined by subsection (11) below. (S) Have custody of all investments and invested funds of the City, or in possession of such government in a fiduciary capacity, and have the safekeeping of all 50116599.2 17 bonds and notes of the City and the receipt and delivery of City bonds and notes for transfer, registration or exchange. (9) Supervise and be responsible for the purchase, storage and distribution of all supplies, material, equipment and other articles used by any office, department or agency of the City. (10) Approve all proposed expenditures. No appropriation shall be encumbered and no expenditure shall be made unless he or she shall certify that there is an unencumbered balance of appropriation and available funds. (Election of 4 -7 -79, 5 -6 -59, 5 -3 -97, 5- 13 -06, 11 -4 -08) Section 7.11 Audit. The City Council shall cause an annual audit to be made of the books and accounts of each department of the City and shall have an annual financial statement prepared based on the audit. A complete audit shall be made at the end of each fiscal year, and at such other times as may be necessary, by an independent Certified Public Accountant who shall be selected by the City Council. The annual financial statement, including the auditor's opinion, shall be filed with the City Secretary and shall be available for public inspection. The auditor selected shall not maintain or keep any of the City accounts or records. (Election of 5 -3 -97, 5- 13 -06) [End of Article VH] 50116599.2 18 ARTICLE VIII PLANNING, ZONING AND ADJUSTMENTS Section 8A1 Planning and Zoning Commission. There shall be a Planning and Zoning Commission, composed of five or more members as determined and appointed by the City Council. Any such Commission shall be responsible for exercising planning and zoning functions as may now or hereafter be required or authorized by statutes of the State or ordinances of the City. Members shall be registered voters, residents of and own real property within the City. (Election of 4 -7 -79, 5 -3 -97, 11 -4 -08) Section 8.42 Board of Adjustment. The City Council may establish a Board of Adjustment in accordance with the applicable laws of the State. (Election of 5 -7 -94, 5 -3 -97, 5- 13 -06) [End of Article VIII] 50116599.2 19 ARTICLE IX NOMINATIONS AND ELECTIONS Section 9.01 City Elections. (a) Regular Elections. The regular City election shall be held on the uniform election date in November in each calendar year commencing in 2013 or as otherwise required by applicable State laws. If this provision is approved by the voters in the election of November 6, 2012, the terms of all members of the City Council serving following such approval shall end, and their successors' two -year terms shall commence, on the following dates: for Councilmembers Place 3, Place 4, and Place 5 — on the regular election date in November 2013 and as to their successors commencing on each odd - numbered year thereafter; and for Mayor and Councilmembers Place 1 and Place 2 — on the regular election date in November 2014 and as to their successors commencing on each even - numbered year thereafter. (b) Qualified Voters. All citizens qualified by the Constitution and general laws of the State to vote in the City and who satisfy the requirements for registration prescribed by law shall be qualified voters of the City within the meaning of this Charter. (c) Conduct of elections. The provisions of the general election laws of the State shall apply to elections held under this Charter. All elections provided for by the Charter shall be conducted by the election authorities established by law. For the conduct of City elections the City Council shall adopt all regulations which it considers desirable, consistent with the law, and this Charter. (d) Time of Elections. Regular and special elections may be conducted only on the dates permitted by applicable State law. (Election of 4 -7 -79, 5 -6 -89, 5 -3 -97, 5- 13 -06, 11- 06 -12) Section 9.02 Candidates. Any person having the qualifications set forth for Councilmember under Section 4.02 of this Charter shall have the right to file an application to have his or her name placed on the official ballot as a candidate for any one elective office such as Mayor, Councilmember - Place One, Councilmember - Place Two, etc. Such application, in writing, shall include the candidate's name, address, telephone number, date of birth, and date of residency, shall be signed by such candidate and accompanied by his or her loyalty affidavit and a statement that the candidate is aware of applicable State nepotism laws, as prescribed by Texas Election Code, and shall be filed with the City Secretary or appropriate authority within the time period required by applicable State law. A filing fee of five dollars, or such other amount as may hereafter be set by the City Council, must be paid to the City Secretary by each candidate upon presentation of his or her application. The filing fee shall be waived if the candidate states in writing that payment thereof will constitute a financial hardship. (Election of 5 -6 -89, 5 -3 -97, 5- 13 -06) Section 9.03 Determination of Election Results. At any regular or special municipal election the candidate for each office, such as Mayor, Councilmember -Place One, etc., who shall have received the most votes for each office cast in 50116599.2 20 such election, shall be declared elected. In the event a tie vote makes it impossible to determine the winning candidate or candidates, resolution of such tie shall be decided as provided in the Texas Election Code. (Election of 5 -6 -89, 5- 13 -06, 11 -4 -08) Section 9.04 City Council Ballots. The names of all candidates for office, except such as may have withdrawn, died or became ineligible, shall be printed on the official ballots in the order of Mayor, Councilmember -Place One, etc., without party designation, and the order of listing the candidates' names for each such office shall be determined in a drawing of lots conducted by the City Secretary. Early voting shall be governed by the general election laws of the State. (Election of 5 -6 -89, 5 -3 -97, 5-13 -06) Section 9.05 Ballots for Ordinances and Charter Amendments. An ordinance or Charter amendment to be voted on by the City shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement, describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: "Shall the above described (ordinance) (amendment) be adopted ?" Immediately below such question shall appear, in the following order, the words "yes" and "no ". Ballots shall include voting instructions. (Election of 5- 13 -06) [End of Article IX] 50116599.2 21 ARTICLE X INITIATIVE, REFERENDUM AND RECALL Section 10.01 General Authority. (a) Initiative. The qualified voters of the City shall have power to propose ordinances to the City Council. If the City Council fails to adopt an ordinance so proposed without any change in substance, the qualified voters shall have the power to adopt or reject it at a City election, provided that such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of City officers or employees. (b) Referendum. The qualified voters of the City shall have power to require reconsideration by the City Council of any adopted ordinance. If the City Council fails to repeal an ordinance so reconsidered, the qualified voters shall have the power to approve or reject it at a City election, provided that such power shall not extend to the budget or capital program or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes. (c) Recall. The qualified voters of the City shall have the power to petition for recall of the Mayor or any member of the City Council by name and Place. (Election of 4 -7 -79, 5- 13 -06) Section 10.02 Commencement of Proceedings; Petitioners' Committee; Affidavit. Any five qualified voters may commence initiative, referendum or recall proceedings by filing with the City Secretary an affidavit stating they will constitute the petitioners' committee and will circulate the petition and file it in proper form stating their names and addresses and specifying the address to which all notices to the committee are to be sent and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. The affidavit for recall must distinctly and specifically state the reason or reasons for which the petition for recall is predicated and include the other requirements set forth in Section 10.06(b). Promptly after the affidavit of the petitioners' committee is filed, the City Secretary shall issue the appropriate petition blanks to the petitioners' committee. (Election of 4 -7 -79, 5- 13 -06) Section 10.03 Petitions. (a) Number of Signatures. Initiative, referendum, or recall petitions must be signed by qualified voters of the City equal in number to at least fifty (50) percent of the total number of qualified voters who voted at the last Mayoral election, but no less than three hundred (300). (b) Form and Content. All pages of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. For a petition signature to be valid, the petition must: (1) contain in addition to the signature: (A) the signor's printed name; and (B) the signor's 50116599.2 22 (i) date of birth; or (ii) voter registration number and the County of voter registration; and (C) the signor's residence address (including street address and County of voter registration); and (2) comply with any other applicable requirements prescribed by State law. Petitions shall contain or have attached thereto throughout their circulation the full text of the proposed ordinance or other subject matter of the petition. A recall petition must distinctly and specifically state the reason or reasons upon which the petition is predicated. (c) Affidavit of Circulator. Each page of a petition shall have attached to it when filed the following notarized affidavit, with all blanks properly completed: "STATE OF TEXAS § CITY OF SCHERTZ § 1, , being first duly sworn, on oath confirm that (i) I am one of the signers of the above petition, (ii) I personally circulated the foregoing page of said petition, (iii) there are _ signatures on such page, (iv) each of the signatures appearing on such page was signed in my presence on the day and date it purports to have been signed, (v) the same are the genuine signatures of the persons whose names they purport to be, and (vi) each signer had an opportunity to read the full text of the ordinance or other subject matter of the petition. Sworn and subscribed to before me, this the day of )20—. Signed and Sealed by a Notary Public in and for State of Texas" (d) Filing Recall Petition. Recall petitions shall be initiated and filed with the City Secretary within sixty days after the petitioners' committee files its affidavit. (e) Filing Referendum Petitions. Referendum petitions must be filed within sixty days after adoption by the City Council of the ordinance sought to be reconsidered. (Election of 4 -7 -79, 5 -6 -89, 5 -3 -97, 5- 13 -06) Section 10.04 Procedure After Filing. (a) Certificate of CiIy Secretary; Amendment. Within twenty days after the petition is filed, the City Secretary shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the City Secretary within two days after 501 16599.2 23 receiving the copy of his or her certificate and files a supplementary petition upon additional papers within ten days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections (b) and (c) of Section 10.03, and within five days after it is filed, the City Secretary shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by registered mail as in the case of an original petition. If a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request City Council to review under subsection (b) of this Section within the time required, the City Secretary shall promptly present his or her certificate to the City Council and the certificate shall then be a final determination as to the sufficiency of the petition. (b) Cif Council Review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two days after receiving the copy of such certificate, file a request that it be reviewed by the City Council. The City Council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the City Council's determination shall then be a final determination as to the sufficiency of the petition. (c) Court Review; New Petition. A final determination as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose. (Election of 5 -6 -89, 5- 13 -06) Section 10.05 Referendum Petitions; Suspension of Effect of Ordinance When a referendum petition complying with all the provisions of Sections 10.03 and 10.04 is filed with the City Secretary the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (a) there is a final determination of insufficiency of the petition, or (b) the petitioner's committee withdraws the petition, or (c) the City Council repeals the ordinance, or (d) voters sustain the ordinance in an election. Section 10.06 Action on Petitions. (a) Action by City Council on Initiative or Referendum. When an initiative or referendum petition has been fully determined sufficient, the City Council shall promptly consider' the proposed initiative ordinance in the manner provided in Article IV or reconsider the referred ordinance by voting its repeal. If the City Council fails to adopt a proposed initiative ordinance without any change in substance within sixty days or fails to repeal the referred ordinance within thirty days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the City at a special election. 50116599.2 24 (b) Action by Cit y Council on Petition for Recall. The recall petition must be addressed to the City Council of the City, must distinctly and specifically point out the ground or grounds upon which such petition for removal is predicated, and, if there be more than one ground, such as for incompetency, misconduct or malfeasance in office, shall specifically state each ground with such certainty as to give the officer sought to be removed notice of the matters and things with which he or she is charged. The officer whose removal is sought may, within five days after such recall petition has been presented to the City Council request that a public hearing be held to permit him or her to present facts pertinent to the charges specified in the recall petition. In this event, the City Council shall order such public hearing to be held, not less than five days nor more than fifteen days after receiving such request for a public hearing. If the officer whose removal is sought does not resign, then it shall become the duty of the City Council to order a recall election and fix a date for holding such recall election. (c) Submission to voters. The special election on a proposed or referred ordinance or petition for recall shall be held on the earliest date permitted by State and federal law after the date of the final City Council vote thereon. Copies of the proposed or referred ordinance shall be made available at the polls. (Election of 5 -3 -97, 5- 13 -06) Section 10.07 Results of Election. (a) Initiative. If a majority of the qualified voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the City Council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (b) Referendum. If a majority of the qualified voters voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. (c) Recall. If a majority of the votes cast at a recall election shall be against the recall of the person named on the ballot, he or she shall continue in office for the remainder of his or her unexpired term. If a majority of the votes cast at such election shall be for the recall of the person named on the ballot, he or she shall be deemed removed from office and the vacancy shall be filled as provided in Section 4.06(c) of this Charter. (Election of 5 -6 -89, 5 -3 -97, 5 -13 -06) Section 10.08 Limitation on Recall. No Councilmember shall be subject to recall within six months of his or her election to office nor more than once during one term of office. A recall election need not be ordered by the City Council against any Councilmember on whom a petition is filed if his or her term of office is to expire within ninety days after the petition is filed with the City Secretary. ( EIection of 4 -7- 79,5 -6 -89, 5 -3 -97, 5- 13 -06) [End of Article X] 50116599.2 25 ARTICLE XI PUBLIC UTILITIES Section 11.01 Powers of the City. The City shall have such powers with respect to public utilities as may now or hereafter be granted and defined under the Constitution and the general laws of the State. The City shall have the power through eminent domain proceedings to acquire any public utility operating with or without a franchise and furnishing a public service to the citizens of the City. In valuing the property, the measure of damages shall be the fair market value of the physical properties together with its franchise, if any, taken together as one system. This power shall be in addition to and cumulative of any other powers of acquisition granted to or reserved by the City in a franchise ordinance. Prior to the purchase of any existing franchised public utility system, either according to the terms of the franchise or by eminent domain, the City Council must submit the question of the purchase to the qualified voters of the City, and the same must be approved by a majority of those voting in such election. (Election of 5 -6 -89, 5 -3 -97, 5- 13 -06) Section 11.02 Franchises. The City Council shall have power by ordinance to grant, renew and extend all franchises of public utilities of every character operating within the City, and for such purpose is granted full power. The term "public utilities" as used herein is construed to mean any person, firm or corporation furnishing to the public any general public service, including, but not limited to heat, light, power, telephone service, community antenna or cable television service, refrigeration, steam, and the carrying of passengers for hire, or for any other purpose whereby a right to, in part, appropriate or use the streets, highways, or other property of the City is necessary or proper. All ordinances granting, renewing, or extending franchises for public utilities shall be read at two separate regular meetings of the City Council and shall not be passed until thirty days after the first reading; and no such ordinance shall take effect until thirty days after its passage; and the full text thereof shall be placed on the City's website for at least one week prior to final adoption of the franchise ordinance. (Election of 5- 13 -06, 11- 06 -12) Section 11.03 Franchise Value Not To Be Allowed. In fixing reasonable rates and charges for utility service within the City, nothing shall be included as the value of any franchise granted by the City under this Charter. Section 11.04 Right of Regulation. All grants, renewals, or extensions of public utility franchises, whether it be so provided in the franchise ordinance or not, shall be subject to the right of the City: (a) To require compliance with the terms of the franchise. 50116599.2 26 (b) To require reasonable extensions of plant and service, and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency. (c) To establish reasonable standards of service and prevent unjust discrimination in service or rates. (d) To prescribe, for each franchised utility, the form of accounts to be kept or that the system of accounts shall conform to those prescribed by the appropriate State and /or federal utility regulatory agencies. (e) At any time to require annual and other reports by each such public utility pertaining to sales and operations within the City. (f) To impose such reasonable regulations and restrictions as may be desirable or conducive to the safety, welfare, and accommodation of the public. (g) To require such compensation and rental as may be permitted by the laws of the State. (h) To forfeit by ordinance any franchise at any time upon the failure of the grantee to comply with any provision of the franchise, such power to be exercised only after notice and hearing and under the conditions hereinafter provided; provided, however, that action may be taken hereunder only after the City has given to the grantee written notice of the particular or particulars in which it is claimed that the grantee is in default, and the grantee shall have a reasonable time after receipt of such notice, which time in no event shall be less than thirty days, to cure such alleged default or defaults; after the expiration of which time if said default or defaults are not cured the City may, at its option, by ordinance declare the franchise forfeited; and provided further, that such forfeiture shall, however, be subject to the orders of any court of competent jurisdiction in which the grantee may seek review of the forfeiture. (Election 4 -7 -79, 5-3.97, 5- 13 -06) Section 11.05 Franchise Records. The City shall maintain a public record of public utility franchises. (Election of 5 -3 -97, 5- 13 -06) Section 11,06 Regulations of Rates and Service. The City Council shall have full power after notice and hearing to regulate by ordinance the rates, charges, and fares of every public utility franchise holder operating in the City and of any other person, firm or corporation exercising any public privilege in the City. Every such utility or person, firm or corporation who shall request an increase in rates, charges or fares, shall have, at the hearing of the City Council called to consider such request, the burden of establishing by clear, competent and convincing evidence, the value of its investments properly allocable to service in the City, and the amount and character of its expenses and revenues connected with the rendering of such service. Such hearing of the City Council shall be held not later than thirty days from the date of the filing of a written request for an increase in 50116599.2 27 rates, charges or fares. If, upon such hearing, the City Council is not satisfied with the sufficiency of the evidence so furnished, it shall be entitled to call upon such utility, person, firm or corporation, for the furnishing of additional evidence at a subsequent date, to which said hearing may be adjourned, which adjourned hearing shall be held not later than thirty days from the date such original hearing. Upon calling for the furnishing of such additional evidence at such adjourned hearing the City Council shall have the right to select and employ, then and later, rate consultants, auditors, and attorneys to conduct investigations, present evidence, advise the City Council, and conduct litigation on such requested increase in rates, charges or fares. Such rate consultants, auditors and attorneys shall be qualified, competent, and of good standing in their professions. The City Council shall, within sixty days after the date of said adjourned hearing, determine and fix by ordinance the rates, charges, or fares to be charged by the applicant filing such request for an increase in rates, charges, or fares. No such utility, person, firm, or corporation shall institute any legal action to contest any rates, charges, or fares until the rates, charges or fares have been fixed by the City Council in accordance with the procedures herein contained; provided however, the failure of the City Council to make determination of rates, charges or fares by ordinance within the sixty day period herein specified shall be deemed a denial of the application for increase theretofore filed. Any time or times prescribed herein may be extended by resolution of the City Council and written agreement of the applicant. Upon failure of the City Council to hold any hearings or make determination of rates, charges or fares by ordinance within the times or extended times as herein provided, the request for increase shall be deemed denied, and no further action shall be prerequisite to institution of legal action by the applicant to contest such rates, charges, or fares as theretofore fixed by the City Council. (Election of 5 -3 -97, 5 -13 -06) [End of Article Xl] 50116599.2 28 ARTICLE XII GENERAL PROVISIONS Section 12.01 Personal Financial Interest. No officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or service. The above provision shall not apply where the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent of the corporation stock. Any violation of this Section shall constitute malfeasance in office, and any officer or employee of the City found guilty thereof shall thereby forfeit his or her office or position. Any violation of this Section with the knowledge, express or implied, of the person or corporation contracting with the City shall render the contract voidable by the City Manager or by the City Council. (Election of 5- 13 -06) Section 12.02 Prohibitions. (a) Activities Prohibited. (1) No person shall be appointed to or removed from or in any way favored or discriminated against with respect to any City position or appointive City administrative office because of race, sex, political or religious opinions or affiliations. (2) No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the personnel provisions of this Charter or the rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules and regulations. (3) No person who seeks appointment or promotion with respect to any City position or appointive City administrative office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with his test, appointment, proposed appointment, promotion or proposed promotion. (4) No City employee or elected or appointed City official shall orally, by letter or otherwise solicit or assist in soliciting any assessment, subscription or contribution for any political party or political purpose whatever from any person holding any compensated City position. (Election of 11 -4 -08) (5) With respect to any campaign for election to an office in the City, no person who holds any compensated City position shall make, solicit or receive any contribution to the campaign funds of any political party or any candidate for such office or take any part in management, affairs or political campaign of any political party, but he may exercise his rights as a citizen to express his opinions and to cast his vote. (Election of 11 -4 -08) 50t]6599.2 29 (6) No person related within the second degree by affinity or within the third degree by consanguinity to any elected officer of the City, or to the City Manager, shall be employed by the City or be appointed to any office, position, or clerkship or other service of the City, but this prohibition shall not apply to any such person related in the prohibited degree who has been continuously employed by the City for not less than two years prior to the election or appointment of the officer. (Election of 11 -4 -08) (b) Penalties. Any person who by himself or herself or with others willfully violates any of the provisions of paragraphs (a)(1) through (a)(6) of this Section shall be guilty of misconduct and shall immediately forfeit his or her office or position upon order of the City Manager or the City Council. (Election of 4 -7 -79, 5 -6 -89, 5- 13-97, 5- 13 -06) Section 12.03 Liability for Personal Injuries or Death. The City shall be liable for money damages for personal injuries or death only to the extent required by the laws of the State. Before the City shall be liable for damages for the death or personal injuries of any person or for damages to or destruction of property of any kind, which does not constitute a taking or damaging of property under Article I, Section 17, Constitution of Texas, the person injured, if living, or his or her representative, if dead, or the owner of the property damaged or destroyed, shall give the City Council or City Manager notice in writing of such death, injury, damage or destruction, duly verified by affidavit, within forty -five days after same has been sustained, stating specifically in such written notice when, where, and how the death, injury, damage or destruction, occurred, and the apparent extent of any such injury, the amount of damages sustained, the actual residence of the claimant by street and number at the date the claim is presented, the actual residence of such claimant for six months immediately preceding the occurrence of such death, injury, damage or destruction, and the names and addresses of all witnesses upon whom it is relied to establish the claim for damages; and the failure to so notify the City Council or City Manager within the time and manner specified herein shall exonerate, excuse and exempt the City from any liability whatsoever. No act of any officer or employee of the City shall waive compliance, or stop the City from requiring compliance, with the provisions of this section as to notice, but such provisions may be waived by resolution of the City Council, passed before the expiration of the forty -five -day period herein provided, and evidenced by minutes of the City Council. (Election of 5 -3 -97, 5- 13 -06) Section 12.04 Charter Amendment. Amendments to this Charter may be framed and submitted to the voters of the City by a charter commission in the manner provided by law, by ordinance passed by a majority vote of the full membership of the City Council, or by a petition signed by not less than five percent of the qualified voters of the City. When a charter amendment petition shall have been filed in conformity with Section 10.03 of this Charter, the City Council shall, subject to applicable law, forthwith provide by ordinance for submitting such proposed amendment to a vote of the voters of the City. Any ordinance for submitting a charter amendment to the voters shall provide for submission of such amendments to the voters in accordance with applicable law. Not less than thirty days prior to such election the City Secretary shall make available at the City Offices a 50116599.2 30 copy of the proposed amendment or amendments. If a proposed amendment shall be approved by a majority of the voters voting thereon, it shall become a part of the Charter at the time fixed therein. Each amendment shall be confined to one subject; and, when more than one amendment shall be submitted at the same time, they shall be submitted so as to enable the voters to vote on each separately. (Election of 4 -7 -79, 5 -6 -89, 5 -3 -97, 5- 13 -06, 11 -4 -08) Section 12.05 Charter Review Commission. The City Council shall periodically appoint a Charter Review Commission of five citizens of the City, It shall be the duty of the Commission to: (a) Inquire into the operation of the City government under the Charter provisions and determine whether any such provisions require revision and to this end, public hearings may be held and the Commission shall have the power to compel the attendance of any officer or employee of the City to require the submission of any of the City records which it may consider necessary to the conduct of such hearing. (b) Make any recommendations it considers desirable to insure compliance with the provisions of this Charter by the several departments of the City. (c) Propose amendments to this Charter to improve its effective application to current conditions. (d) Report its findings and present its proposed amendments, if any, to the City Council. The City Council shall receive any report submitted by the Charter Review Commission, may comment on any proposed amendment recommendations made, and, if any amendment or amendments are presented as a part of such report, shall order such to be submitted to the voters of the City in the manner provided in Section 12.04. The term of office of the Charter Review Commission shall be 180 days after the date of appointment of the Commission, and, if during this term no report is presented to the City Council, then all records of the proceedings of the Commission shall be filed with the City Manager and the Charter Review Commission shall be dismissed. (Election of 4 -7 -79, 5 -3 -97, 5- 13 -06) Section 22.06 Separability. If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected thereby. If the application of this Charter or any of its provisions to any person or circumstances is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby. (Election of 4 -7 -79, 5- 13 -06) Section 12,07 State Law. References in this Charter to "State law" shall refer to applicable provisions of State law in effect from time to time. (Election of 5- 13 -06) 50116599.2 31 Section 12.08 Headings. Headings and titles of Sections and subsections of this Charter are for convenience only and shall not affect the meaning of any provisions within such Sections. (Election of 5- 13 -06) [End of Article XII] 50116599.2 32 CITY COUNCIL MEMORANDUM City Council Meeting: July 16, 2013 Department: Subject: BACKGROUND WORKSHOP C City Manager/Development Status update regarding the Aquatic Center Executive Director of Development Brian James will provide an update on the status of the Aquatic Center. FISCAL IMPACT None at this time RECOMMENDATION This item is for discussion and updates. Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: July 9, 2013 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a regular meeting on July 9, 2013. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting of July 9, 2013. ATTACHMENT Minutes — regular meeting July 9, 2013 MINUTES REGULAR MEETING July 9, 2013 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July 9, 2013, at 6:02 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael R. Carpenter Councilmember Jim Fowler Councilmember George Antuna Staff Present: Executive Director Brian James City Attorney Katherine Tapley CALL TO ORDER: Mayor Carpenter called the Regular Meeting to order at PLEDGES OF Councilmember Fowler gave the invocation the United States and the State of Texas. • Announcements of upcc Mayor Carpenter recognize following upcoming events: • ' Wednesday, July 10, 2( Center to discuss their N 18, 2013. • rinurscia) Golf and • Fri (in v T more details Mayor Pro -Tem Cedric Edwards Councilmember David Scagliola Councilmember Svdnev Verinder e Director David Harris Staff Bob Cantu -etary Brenda Dennis FLAGS OF THE Pledges of Allegiance to the Flags of ity Events (D. Harris /J. BierschwaleB. James) of Support David Harris who announced the — Cibolo Town Hall meeting at 7:00 p.m. at the Schertz Civic Mart proposal, and another meeting scheduled for Thursday, July 113 — Northeast Partnership Meeting, 11:30 a.m., at the Olympia Hills enter in Universal City. — Texas Municipal League Region 7 Dinner, 6:00 p.m. in Leon Valley, )w. Those interested in car pooling, please meet at Building #2 at 4:30 p.m. • Monday, July 15, 2013 — Police Department as arranged for Mr. James T. Reese, PhD., to come speak about Ethics Based Leadership and Achieving Success without Stress. The event will be held at the Schertz Civic Center from 8:30 a.m. to 4:00 p.m. • Tuesday, July 16, 2013 — Schertz Chamber of Commerce meeting at 11:30 a.m., Schertz Civic Center. 07 -09 -2013 Minutes Page - 1 - • Monday July 15, 2013 — YMCA of Greater San Antonio will be hosting a session with the Mayor and Council on working with the youth, volunteerism, and civics. The event will be held at the City Council Chambers at 10:00 a.m. Updated information will be emailed. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who gave kudos to the Wellness Champions that recently participated in the Schertz Health Fair. Mr. Kessel stated he received a thank you letter from Dean Danes, Executive Director of Alamo Area Council of Governments (AACOG) thanking the City of Schertz for allowing them to host the Alamo Area Regional Law Enforcement Academy (AARLEA) police cadet graduation ceremony at our Civic Center. Mr. Kessel also gave kudos and thank you to all in making the 4th July Jubilee a great success. Hearing of Residents: This time is set aside for any person who wishes to address the out the speaker's register prior to the meeting. Presentations minutes. All remarks shall be addressed to the Council as a l Any person making personal, impertinent, or slander be requested to leave the meeting. Discussion by the Council of any item not on the c factual information given in response to any inquiry, inquiry, and/or a proposal to place the item on a j Hearing of Residents portion of the agenda, will cal in the order thev have registered. ed, who worked and volunteered Council. Each person should fill Id be limited to no more than 3 to any individual member thereof. while addressing the Council may enda shall be limited to statements of specific x recitation of existing policy in response to an Pure agenda. The presiding officer, during the on those persons who have signed up to speak following who spoke: • Ms. Maggie Titteringtoin, Schertz Chamber of Commerce President who provided an update on the Chamber events. • Mr. Grumpy Azzoz, 528 Wayward Pass, who spoke on the new Wal -Mart and concern regarding the potential loss of revenue to the City. Mr. Azzoz again addressed his concern as to why the City. Manager and City Attorney sit on the dais. He also spoke on the comment made by Mayo Carpenter to Mrs. Clare Layton. Consent Agenda Items The Consent Agenda is considered to be self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request by the Mayor or a Councilmember. 07 -09 -2013 Minutes Page - 2 - I . Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of June 25, 2013, and the minutes of the Special Meeting of July 2, 2013. (J. KesselB. Dennis) 2. Ordinance No. 13 -T -19 — Consideration and /or action approving an Ordinance authorizing a budget adjustment to recognize an additional transfer from the CPS CIED Fund for an electrical upgrade project off Graytown Road; repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. Final Reading (J. BierschwaleB. James) The following was read into record: ORDINANCE NO. 13 -T- AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO RECOGNIZE AN ADDITIONAL TRANSER FROM THE CPS CIED FUND FOR AN ELECTRICAL UPGRADE PROJECT OFF PFEIL ROAD; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 3. Resolution No. 13 -R -53 — Consideration and /or action approving a Resolution authorizing an Interlocal Agreement with the City of Selma regarding the use of a sewer line in Kensington Ranch. (J. Bierschwale /J. Hooks) The following was read into record: OLUTION NO. 13 -R -53 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A INTERLOCAL AGREEMENT WITH THE CITY OF SELMA RELATING TO SANITARY SEWER CONNECTIONS - KENSINGTON RANCH, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Mayor Pro -Tem Edwards, who moved, seconded by Councilmember Scagliola, to approve the consent agenda items 1, 2 and 3. The vote was unanimous with Mayor` Pro -Tem Edwards, Councilmembers Fowler, Scagliola, Antuna and Verinder voting yes and no one voting no. Motion Carried Mayor Carpenter recognized Mr. Zack Salas of Boy Scout Troop 51 who came forward introducing himself stating that he was here this evening working on his Citizenship in the Community merit badge. Discussion and Action Items 4. Ordinance No. 13 -S -20 — ZC2013 -006 - Conduct a public hearing and consideration and /or action upon a request to rezone approximately 2.668 + /- acres of land from General Business District (GB) to Planned Development District (PDD). The property is more specifically described as Lot 6, Block 1, of the Hubertus Retail Subdivision as recorded in Document 07 -09 -2013 Minutes Page - 3 - #200806006465, plat records, Comal County, Schertz, Texas generally located at the southwest corner of FM 1103 and IH 35. First Reading (B. James/M. Sanchez) The following was read into record: ORDINANCE NO. 13 -S -20 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO. 11 -S -15 BY REZONING APPROXIMATELY 2.668± ACRES OF LAND FROM GENERAL BUSINESS DISTRICT (GB) TO PLANNED DEVELOPMENT DISTRICT (PDD), LOT 6, BLOCK 1, HUBERTUS RETAIL SUBDIVISION, CITY OF SCHERTZ, COMAL COUNTY, TEXAS, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF FM 1103 AND 11135; AND OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Development Services introduced this item stating that the applicant is proposil acres of land generally located at the southwest corner of Business District (GB) to Planned Development Distric currently vacant and the applicant has indicated 't Storage/Public Warehouse facility with no less than 31 primary structure as leasable office spaces with entrances Ms. Sanchez stated the proposed PDD wi General Business District (GB) and ii Warehouse/Public Storage and Office Spac developed in accordance with the UDC as PDD has outlined several standards that wi Warehouse/Public Storage. ,irector Michelle Sanchez who to rezone approximately 2.668+ M 1103 and IH 35 from General (PDD). The subject property is desire to construct a Min- d of the net leasable area of the icing the exterior. include a base zoning district of the current addition will allow a mixed use Mini - to develop on the site. The property will be nended, except as outlined in the PDD. The waiver from the UDC as they relate to Mini- She 'stated staff reviewed the request for conformance with the Comprehensive Land Plan. The Future Land' Use Plan (FLUP) designates the subject property for IndustrialBusiness Park which is defined in the Comprehensive Land Plan as areas for industrial uses; clusters of technology and research and development campus; and educational institutions. Staff has been contacted by a fast food restaurant proposing to occupy a lot that is adjacent to the IH 35 frontage road. Although we have not received an application for the potential restaurant, staff feels that the Mini- Warehouse/Public Storage could provide a transition zone and /or buffer for the residential neighborhood because a fast food restaurant generates considerably more traffic, noise and odor than the proposed use. Ms. Sanchez stated the Planning and Zoning Commission conducted the public hearing on June 12, 2013 and offered a recommendation of approval by a unanimous vote. Staff recommends that the public hearing be conducted and that the first reading of Ordinance 13 -S -20 be approval based on a changed condition to the Comprehensive Land Use Plan reflected in the North Schertz Sector Plan (Gateway Plan) currently in process. Staff recommends approval of first reading. 07 -09 -2013 Minutes Page - 4 - E Mayor Carpenter opened the public hearing and recognized the following who spoke: • Ms. Maggie Titterington, Schertz Chamber President who spoke in favor of the rezone and support for the facility. • Mr. Robert Brockman, 1000 Elbel Road who asked if a storage facility was allowed in General Business. He also asked would this be considered spot zoning. Mr. Brockman inquired about the access times of the facility. As no one else spoke, Mayor Carpenter closed the public hearing. Mayor Carpenter recognized the applicant, Mr. Jeff Bailey, 5131 Broadway, San Antonio, who came forward providing a brief PowerPoint of the facility addressing Mr. Brockman's concern regarding access times of the facility. Executive Director of Development Brian James and Development Services Director Michelle Sanchez addressed Mr. Brockman's concern regarding the zoning, stating it is part of the Gateway Sector Plans that the City has been working on, that the use was appropriate. Mayor Carpenter recognized Mayor Pro -Tern Edwards, who moved, seconded by Councilmember Antuna, to approve Ordinance No. 13 -S -20 on first reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, Antuna and Verinder voting yes and no one voting no. Motion CarrietL Ordinance No. 13 -S -21 — Conduct a public hearing and consideration and /or action approving an Ordinance amending the Comprehensive Land Plan associated with the North and South Schertz Sector Plan; and the Historic Downtown Schertz Plan (Gateway Plan), and other matters in connection therewith. First reading (B. James/M. Sanchez) The foll 13 -S -21 ZDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS [DING THE COMPREHENSIVE LAND USE PLAN AND OTHER MATTERS NNECTION THEREWITH Mayor Carpenter recognized Executive Director of Development Brian James who stated that this item and the next are related in what we call the North, South and Downtown Gateway Plan. Mr. James stated that what Council has before them is the amendment to the City's Comprehensive Lane Use Plan to adopt by reference the Gateway Plan as part of it. He referenced the Executive Summary that was provided stating that in advance; assuming approval tonight put the last line stating "the Sector Plan was adopted into the Comprehensive Land Use Plan on July 16, 2013 ". This is so that someone reading this later on will see that on July 16, 2013 the City Council amended the Comprehensive plan and adopted the Gateway Plan by reference. The two documents will be used together in conjunction to set the vision of the City. This document also updates the City's future land use plan. He stated Council will see a copy of the proposed future land use plan for the areas where Gateway did the work for north and south Schertz areas modifying the land use designations per their plan. Mr. James stated the rest of the City Plan has been left as is with the current plan with one exception. The area of Crescent Bend Park was changed as Park 07 -09 -2013 Minutes Page - 5 - and open space per the recommendation of the Planning and Zoning Commission. Mr. James stated that members of the Gateway team were here this evening to answer any questions. Mayor Carpenter opened the public hearing and as no one spoke, Mayor Carpenter closed the public hearing. Mayor Carpenter recognized Councilmember Fowler who asked Mr. James to again explain the reference made on the Executive Summary. Mr. James stated this was referenced so should someone reading this later would know that on July 16, 2013 the City Council amended the Comprehensive plan and adopted the Gateway Plan by reference. Mayor Carpenter recognized Mayor Pro -Tem Edwards, who moved, seconded by Councilmember Verinder, to approve Ordinance No. 13 -S -21, on first reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, Antuna and Verinder voting yes and no one voting no. Motion Carried 6. Ordinance No. 13 -S -22 — Conduct a public hearing and consideration and /or action approving an Ordinance amending the Unified Development Code (UDC) associated with the North and South Schertz Sector Plan; and the Historic Downtown Schertz Plan (Gateway Plan), and other matters in connection therewith. First reading (B'. James/M. Sanchez) The following was read into record: ORDINANCE NO. 13 -S -22 AMENDING THE UNIFIED SCHERTZ, TEXAS; REPE, ORDINANCES IN CONFLICT EFFECTIVE DATE CODE OF THE CITY OF INANCES OR PARTS OF ANCE; AND PROVIDING AN Mayor Carpenter recognized Executive Director of Development Brian James who stated that this item is the second part of the adoption of the City's plan incorporating the recommended changes into the Unified Development Code (UDC). Mr. James stated that this is not a plan that sits on the shelf, this is a plan which they expect every three or four months that the Planning and Zoning Commission, City Council and members of the community agree to say lets look at the implementation, what are we actively working on to implement the vision. This is the first stage in the step to modify our UDC to create the base zoning districts, to create the overlay districts, and create those special development districts to bring about the vision of the future of Schertz. This allows us to begin the process. On June 26, 2013 the Planning and Zoning Commission recommended amending the UDC to incorporate the proposed changes. Staff recommends that the public hearing be conducted and that the first reading of Ordinance 13 -S -22 amending the UDC to incorporate the changes proposed as pat of the North and South Sector Plan and the Historic Downtown Schertz Plan (Gateway Plan) be approved. Staff recommends approval of first reading. Mayor Carpenter opened the public hearing and as no one else spoke, Mayor Carpenter closed the public hearing. Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated that the Planning and Zoning Commission had a big part in revising the UDC and asked if 07 -09 -2013 Minutes Page - 6 - 7 they were in agreement with the amendment. Mr. David Richmond, Planning & Zoning Chair, agreed. Mayor Carpenter recognized Councilmember Verinder who stated that this document shows very extensive and comprehensive hours and hours of staff and members of our various boards and commissions time. What this says to him and to everyone in the City, we need tools to make us grow and move forward. Councilmember Verinder stated this was an excellent set of tools. This is a futuristic document that will give the City the needed pieces. It's comprehensive. It represents the City well in a good balance between development and preservation. He highly recommends the Council approve this. Mr. James stated that staff in all departments did a lot of work on this in terms of reviewing the document, looking at the concepts. Mayor Carpenter stated that those may not know, but Councilmember Verinder prior to coming to the City came from Virginia where he held a similar role as a Councilmember and someone with that experience coming from the outside seeing what we have done here and having that kind of view and feedback, he thinks at a minimum says we are on the right track. This type of outside experience and perspective is value to the Council. Mayor Carpenter appreciated Councilmember Verinder's comments. Mayor Carpenter recognized Councilmember Fowler, who moved, seconded by Councilmember Verinder, to approve Ordinance No. 13 -S -22' on first reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, Antuna and Verinder voting yes and no one voting no. Motion CarrietL Ordinance No. 13 -T -23 — Consideration and /or action approving an Ordinance authorizing a budget adjustment from the Aviation Heights Phase 5 Waterline Project to the Maske Road Waterline Project, repealing' all Ordinances or parts of Ordinances in conflict with this ordinance; and providing an effective date. First Reading (J. Bierschwale /J. Hooks) ORDINANCE NO. 13 -T -23 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT FROM THE AVIATION HEIGHTS PHASE 5 WATERLINE PROJECT TO THE MASKE ROAD WATERLINE PROJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Assistant Public Works Director Jimmy Hooks who introduced this item stating that no waterline exists on Maske Road. The City of Schertz is in process of constructing the Soccer Complex on Maske Rd that requires water service. Public Works also needs to extend a water line from the high pressure zone to the 20" water line that delivers water to Universal City to improve the flow. Council approved a contract with Ford Engineering on June 11, 2013 for engineering and design services for the project. 07 -09 -2013 Minutes Page - 7 - Public Works is ready to begin the bid and construction process for the water line. To do so, a budget transfer is necessary to move approved funds from the Aviation Heights Phase 5 Waterline Project to the Maske Road Waterline Project. Revised Budget Estimate Engineering $65,905 Construction $269,224 Legal $5,000 Advertising $500 Other Prof. Services $5,000 Contingency $7,640 Construction Contingency $14,250 Project Total $367,519 Staff recommends approval to transfer $367,519 from the Aviation Heights Phase 5 Waterline Project to the Maske Road Waterline's Project. Staff recommends approval. Mr. Hooks addressed questions from Council. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Scagliola, to approve Ordinance No. 13 -T -23 budget adjustment to the fund the Maske Road Waterline project for $367,519. The vote was unanimous with Mayor Pro - Tem Edwards, Councilmembers Fowler, , Scagliola, Antuna and Verinder voting yes and no one voting no. Motion Carried Mayor Carpenter items 1 through 7. Citizen d City Secretary Brenda Dennis who recapped the votes for the agenda ity ition of City emolovee actions • New Departmental initiatives No further announcement were given. 9. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items requested at this time in the agenda. Please see below where Mayor Carpenter and Council came out of executive session to revisit this item. 10. Requests by Mayor and Councilmembers to City Manager and Staff for information. No information requested. 07 -09 -2013 Minutes Page - 8 - 11. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Carpenter recognized Mayor Pro -Tem Edwards who thank, and volunteers who worked the 4th July Jubilee event. Mayor Carpenter recognized Councilmember Fowler who stated event was a great event. Councilmember Fowler also stated that on attended the Hog Wild 2013 Continuing Education Seminar for Officials, which was hosted by Denton, Navarro, Rocha, & Bernal. Mayor Carpenter recognized Councilmember Scagliola who 2013 he attended the U.S. Air force Band of the West ..event stated he attended 4th July Jubilee event. Mayor Carpenter recognized Councilmember Antuna w' volunteers who made the 4th July Jubilee event a ;success. He better every year and it is a true testament to the work we are stated he is always hearing compliments from different org work we are doing in the City everything from economic dev all the staff members t the 4th July Jubilee day, June 28, 2013 he ected and Appointed that on Tuesday, July 2, ;ilmember Scagliola also a thanked all the staff and tated the event gets bigger and loing. Councilmember Antuna rnizations and members on the opment to quality of life. Mayor Carpenter recognized Councilmember Verinder who stated that we watched the Fox News report on the new jobs and job creations in the area and in the background was the Amazon.com building construction. He stated that Economic Development Director David Gwin was providing the announcement on the upcoming job fair. Councilmember Verinder also stated that the 4th of July Jubilee was fantastic, and being a judge for the barbecue was great and hope they invite him back next year. He stated that he and 'Councilmember Fowler attended on Monday July 1, 2013 the Emergency Management table top exercise with the different city departments. He stated the discussions were fantastic. Councilmember Verinder stated he will be attending the Friday, July 12, 2013 TML Region 7 Meeting in Leon Valley. Mayor Carpenter stated that the 4th of July Jubilee event as you watch it comes off so smoothly as you watch it from outside. The work that it takes from the staff and the volunteers to make it look that way is no small task. Again, on record, thank you so much to the staff and the many volunteers. He stated that he knew they were on to something good when he received a call from the Mayor of Selma saying that he thought they had forgotten to get their entry into the parade, and could he help. When he calls asking to be part of the parade, we as the City have arrived at the proper place. Mayor Carpenter also stated that it was whispered in his ear that there is conjecture that we may be the largest 4th of July 07 -09 -2013 Minutes Page - 9 - celebration in the San Antonio metro area. He stated that if we could confirm that, then maybe we could add another sign on our billboard going toward San Antonio that could reflect this. Mayor Carpenter also mentioned that the Northeast Partnership, which is made up of nine cities in the metrocom area has begun having a workshop session in addition to their monthly meetings. One of the items which came out of one of their recent Northeast Partnership meetings was signing a resolution supporting Schertz, Seguin Local Government regarding opposing a proposed Landfill which would be placed on the edge of our primary water source. Mayor Carpenter also stated that they had their first ever meeting of the Mayor's from the County of Guadalupe and the County Judge. He stated that nothing has been set up formally but right now it is an informal gathering where they are coming together talking about things of interest to all the cities and to the County as a whole. This type of collaboration together will move all of us into the future. Executive Session Mayor Carpenter recessed the regular meeting into Called under: Section 551.071 Texas Government Cod contemplated litigation; and Consultations matters; Section 551.072 Texas Government Code - sale, lease, or value of real property, or real Section 551.074 Texas„ duties, employment, an Section 551.087 Texas Negotiations. Reconvene into Regula Mayor Carpenter recon at 7.22 p. m. ig litigation, pending or regarding advice on legal tion regarding the purchase, exchange, ide - Deliberation regarding personnel matters, policies, certain public officials and employees; ent Code — Deliberation regarding Economic Development into regular session at 8:51 p. m. 12. Take any action deemed necessary as a result of the Executive Session. Mayor Carpenter stated that Council would be moving back to agenda Item 9. Mayor Carpenter recognized Councilmember Fowler who requested a workshop item be placed on the next agenda to discuss the City Council Rules of Procedure, and the City Charter. Mayor and Council concurred Adjournment 07 -09 -2013 Minutes Page - 10 - As there was no further business, the meeting was adjourned at 8:52 p. m. Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis 07 -09 -2013 Minutes Page - 11 - CITY COUNCIL MEMORANDUM City Council Meeting: July 16, 2013 Department: EMS Agenda No. 2 Subject: Resolution No. 13 -R -52 - EMS Accounts Receivables Adjustments BACKGROUND: Per City Policy, EMS is to bring our contractual and accounts receivables adjustments before City Council for proper accounting procedures to be accomplished by the Finance Department. FISCAL IMPACT The first adjustments we are requesting Council to make are on private pay accounts that have been referred to our collection agency (MVBA). These represent accounts that were sent to MVBA from January 1, 2013 through April 30, 2013. For this period we are requesting to remove $659,316.08 from our accounts receivables account. These funds, from 641 separate accounts will continue to be pursued and if recovered will be accounted for as miscellaneous revenue. The second adjustment comes from our internal billing procedures. Some of these are negotiated charge reductions, write -off s of co -pays for citizens in the cities we serve, bills of homeless patients who we cannot locate any longer, and bills of deceased patients who do not have insurance or estates from which to recover EMS charges for service. The amount of this category is $11,557.95. This period's total adjustments are $670,874.03. This is the second Account Receivable Adjustment of Fiscal Year 2013 and brings the adjustment total to $1,115,964.46 out of a budgeted amount of $1,777,545. RECOMMENDATION Staff recommends Council approve Resolution No. 13 -R -52 ATTACHMENTS Resolution No. 13 -R -52 RESOLUTION NO. 13 -R -52 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EMS DEBT REVENUE ADJUSTMENTS FOR INACTIVE OUTSTANDING ACCOUNTS RECEIVABLES AFTER 180 DAYS OF NON PAYMENT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City maintains quarterly debt revenue adjustments for inactive outstanding accounts; and WHEREAS, the City Council has determined that it is in the best interest of the City that all inactive outstanding accounts after 180 days non payment will be sent to City Council for consideration of EMS Billing Debt Revenue Adjustments attached hereto as Exhibit A. (the "Account Receivable Adjustment Register"). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the EMS Billing Debt Revenue Adjustment on the write off audit register, in substantially the form set forth on Exhibit A Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and finding of the City Council. Section 3. All resolutions or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 16th day of July, 2013. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) Exhibit A EMS Account Receivable Adjustment Register January 1, 2013 — April 30, 2013 PRIVATE PAY EMS COLLECTION ACCOUNTS: Collection accounts with Collection Agency (01/01/13 — 04/30/13): $659,316.08 EMS BILLING PROCEDURAL REVENUE ADJUSTMENTS: Revenue adjustments by EMS Billing (01/01/13 — 04/30/13): $ 11,557.95 TOTAL REQUESTED ADJUSTMENTS: $670,874.03 Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: July 16, 2013 Department: Business Office/Utility Billing Subject: Resolution No. 12 -R -54 - Utility Billing Debt Revenue Adjustments BACKGROUND Goal Our goal is to ensure that our outstanding receivables are current. Community Benefit By exhausting all efforts to collect outstanding debts, this will insure the lowest possible rate to the community. Summary of Recommended Action It is the recommendation of the City Auditor, Debbie Fraser, to keep our receivables current. FISCAL IMPACT To ensure that our outstanding receivables are current, we are requesting to write -off $10,917.66 of uncollectible Water, Sewer, Garbage, and Drainage Accounts. The amounts included in this request are for the period of August 1, 2012 through December 31, 2012. All collections efforts have been exhausted. RECOMMENDATION Staff recommends City Council approve Resolution No. 13 -R -54 for the Write -Off amount of $10,917.66. ATTACHMENT Resolution No. 13 -R -54 Utility Billing Debt Revenue Adjustments RESOLUTION NO. 13 -R -54 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING UTILITY BILLING DEBT REVENUE ADJUSTMENTS FOR INACTIVE OUTSTANDING ACCOUNTS RECEIVABLES AFTER 180 DAYS OF NON PAYMENT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City maintains quarterly debt revenue adjustments for inactive outstanding accounts; and WHEREAS, the City Council has determined that it is in the best interest of the City that all inactive outstanding accounts after 180 days non payment will be sent to City Council for consideration of Utility Billing Debt Revenue Adjustments attached hereto as Exhibit A. (the " Write Off Audit Register"). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes Utility Billing Debt Revenue Adjustment on the write off audit register, in substantially the form set forth on Exhibit A Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and finding of the City Council. Section 3. All resolutions or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 15th day of July, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: City Secretary (CITY SEAL) Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: July 16, 2013 Department: Development Services Subject: Ordinance No. 13 -S -20 — Consider and act upon a request to rezone approximately 2.668± acres of land from General Business District (GB) to Planned Development District (PDD). The property is more specifically described as Lot 6, Block 1, Hubertus Retail as recorded in Document #200806006465, plat records, Comal County, Schertz, Texas generally located at the southwest corner of FM -1103 and IH 35. Final Reading (B. James/M. Sanchez) BACKGROUND The applicant is proposing to rezone approximately 2.668+ acres of land generally located at the southwest corner of FM 1103 and 1H 35 from General Business District (GB) to Planned Development District (PDD). The subject property is currently vacant and the applicant has indicated the desire to construct a Mini- Storage/Public Warehouse facility with no less than 3.8% of the net leasable area of the primary structure as leasable office spaces with entrances facing the exterior. The proposed PDD will include a base zoning district of the current General Business District (GB) and in addition will allow a mixed use Mini- Warehouse/Public Storage and Office Space to develop on the site. The property will be developed in accordance with the UDC as amended, except as outlined in the PDD. The PDD has outlined several standards that will waiver from the UDC as they relate to Mini- Warehouse/Public Storage. Ten (10) public hearing notices were mailed to surrounding property owners on May 31, 2013 with a public hearing notice published in "The Daily Commercial Recorder" on June 24, 2013 and the "Herald" on June 27, 2013. Staff received two (2) responses in favor and one (1) response in opposition of the proposed request. No other comments or phone calls in support of or opposition to this request have been received. City Council Memorandum Page 2 City Council approved this on first reading at their meeting of July 9, 2013. Goal Jeff Bailey of Bailey Commercial LLC is request to rezone approximately 2.668+ acres of land generally located at the southwest corner of FM 1103 and IH 35 from General Business District (GB) to Planned Development District (PDD) to develop a Mini- Storage/Public Warehouse facility with leasable office space. Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action Staff reviewed the request for conformance with the Comprehensive Land Plan. The Future Land Use Plan (FLUP) designates the subject property for IndustrialBusiness Park which is defined in the Comprehensive Land Plan as areas for industrial uses; clusters of technology and research and development campus; and educational institutions. Comprehensive Plan Goals and Objectives: Although the proposed rezoning request is not consistent with the goals and objectives of the current Comprehensive Plan, the proposed North Schertz Sector Plan (Gateway Plan) identifies the area as Highway Commercial which provides for a mix of retail and commercial uses to take advantage of the highway frontage thereby providing a changed condition to the Comprehensive Land Use Plan reflected in the North Schertz Sector Plan (Gateway Plan) which is currently in process. Impact of Infrastructure: The proposed zoning would have a minimal impact on the existing and planned water and wastewater systems. In reviewing the Institute of Transportation Engineers Trip Generation rate table Mini - Warehouse use will have a minimal impact on the surrounding roadways because it generates far less trips per unit than other retail uses permitted within the current GB zoning district. • Impact of Public Facilities /Services: The proposed rezoning request should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services. Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by a fuel station, Walgreens, undeveloped land and single family residential to the rear of the site. The newly proposed North Schertz sector plan is proposing the area as Highway Commercial which provides for a mix of retail and commercial uses to take advantage of the highway frontage. The style of the proposed use provides for an upgraded design from the traditional metal buildings and metal doors of years past and reflects more of a commercial use than industrial. City Council Memorandum Page 3 Staff has been contacted by a fast food restaurant proposing to occupy a lot that is adjacent to the 1H 35 frontage road. Although we have not received an application for the potential restaurant, staff feels that the Mini- Warehouse/Public Storage could provide a transition zone and /or buffer for the residential neighborhood because a fast food restaurant generates considerably more traffic, noise and odor than the proposed use. The PDD has allowed for variations from the UDC standards but many of those changes will exceed the current standards as follows: • The site will provide 100% masonry building excluding windows and doors. The UDC standard is 100% masonry on the front facade and 75% on all other sides. • The proposed Mini - Storage will provide additional landscaping at the rear of the site adjacent to the residential use to buffer any negative impacts. • The project will incorporate a rainwater capture system for landscape irrigation. • The site will meet or exceed the City's lighting and glare standards; providing restrictions per the City of San Antonio's Military Lighting Overlay District. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on June 12, 2013 and offered a recommendation of approval by a unanimous vote of 7/0. Staff recommends approval of final reading based on a changed condition to the Comprehensive Land Use Plan reflected in the North Schertz Sector Plan (Gateway Plan) currently in process. ATTACHMENT Ordinance No. 13 -S -20 Hubertus Retail PDD Standards ORDINANCE NO. 13 -S -20 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO. 11 -S -15 BY REZONING APPROXIMATELY 2.668± ACRES OF LAND FROM GENERAL BUSINESS DISTRICT (GB) TO PLANNED DEVELOPMENT DISTRICT (PDD), LOT 6, BLOCK 1, HUBERTUS RETAIL SUBDIVISION, CITY OF SCHERTZ, COMAL COUNTY, TEXAS, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF FM 1103 AND IH 35; AND OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The property owner is requesting to rezone approximately 2.668± acres of land described in the Exhibit A and B attached hereto and incorporated herein by reference (hereinafter, the "Property "). WHEREAS, all required notices have been provided; WHEREAS, on June 12, 2013, the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval of the request for a zone change to Planned Development District (PDD) in accordance with the Planned Development District Design Standards attached as Exhibit C (the "Original Design Standards"). WHEREAS; on July 9, 2013, the City Council conducted a public hearing and determined that this request is in the interest of the public safety, health, and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. Subject to Section 4 below, the Property as shown in Exhibit 1 and 2 is hereby zoned Planned Development District (PDD). Section 2. The Official Zoning Map (Ordinance No. 11 -S -15) of the City of Schertz described and referred to in Article 2 of the Unified Development Code shall be changed to reflect the above zoning amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such Ordinance 13 -S -20 Hubertus Retail Subdivision conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Section 10. Any person, firm, association of persons, corporation or other organization violating the provisions of this Ordinance shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation continues shall be deemed as a separate offense. Approved on first reading the 9th day of July, 2013. PASSED, APPROVED AND ADOPTED on final reading the 16th day of July, 2013. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Ordinance 13 -S -20 Hubertus Retail Subdivision H ENGIINEERS MAC(NA a BOSE o COPELAND and ASSOCIATES, INC CONSULTING., ENGINEERS AND LAND SURVEYORS Texas Registered Engineering Firm F -784 1035 Central Parkway North, San Antonio, Texas 79232 (2101545-1122 FAX (2 t 0) 545 -9302 www.mbcengineers.com METES AND BOUNDS DESCRIPTION OF A 2.668 ACRE (116,232 SQUARE FEET) TRACT OF LAND, BEING THE REMAINING PORTION OF LOT 6, BLOCK 1, HUBERTUS RETAIL, AS RECORDED IN DOCUMENT 4200806006465, PLAT RECORDS, COMAL COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED IN A CLOCKWISE MANNER AS FOLLOWS: At a found %" iron rod on the southern right -of -way line of interstate highway 35 (a public right -of -way varies), said %" iron rod being the northeast corner of a called 73.323 acre tract, as recorded in Document 9200606003130, of the Deed Records of Comal County, Texas, said %" iron rod also being the northwest corner of Lot 2, Block 1, amending plat of Hubertus Retail, as recorded in Document #200906016499, of the Comal County Plat Records, of Comal County, Texas; THENCE: S 30 015'13" E, 261.48 feet, departing said south right -of -way line of Interstate 35, along and with said common lot line of 73.323 acre tract and said Lot 2, to a found %" iron rod and cap "MBC ", for the POINT OF BEGINNING of this tract; THENCE: N 60 020'35" E, 424.16 feet, departing said east line of 73.323 acre tract, to a found mag nail, said mag nail being on the south line of Lot 4, Block 1, Hubertus Retail as recorded in Document 4200806006465, of the Comal County Plat Records, of Comal County, Texas and being the northeast corner of this tract; THENCE: S 29 1139'25" H, 258.62 feet, to a found mag nail, said mag nail being the southwest corner of the remaining portion of Lot 5, Block 1, Hubertus Retail as recorded in Document 4200806006465, of the Comal County Plat Records, of Comal County, Texas and being the southeast corner of this tract, said mag nail also being on the north line of a right --of -way reservation as recorded in Document #200906013128, of the Deed Records of Comal County, Texas; Page 1 of 3 P: \Corral \30B26 -1103 Self StoraGe \Letters \2,668 Ac 020413Aoo EXHIBIT A THENCE; S 60 059`37" W, 96.78 feet, along and with said north line of right -of -way reservation, to a found �4" iron rod and cap "MBC" for the point of curvature of a non - tangent curve to the left; THENCE: 183.54 feet, along and with the north line of said right -of --way reservation and said curve to the left, which has a radius of 430.00 feet, a central angle of 24 02712111, and a chord bearing and distance of S 48 045'56" W, 182.15 feet, to a found %" iron rod and cap "MEC ", at a point of tangency; THENCE; S 60 °5937" W, 45.91 feet, to a found %" iron rod and cap "MBC ", said /" iron rod being on the east line of said 73.323 acre tract and the southwest corner of this tract; THENCE: N 30 °15'13" W, 292.44 feet, along the east line of said 73.323 acre tract and the west line of this tract, to the POINT OF BEGINNING. I, Joe Edward Higle, Registered Professional Land Surveyor do hereby affirm that this description is based on the results of a survey made on the ground by the firm of Mr��= ��'��:- ose, Copeland and :t;. Associates, Inc., of which a survey map ,��a� t Iaa'. r �•_ ared , IN No. 4788 .LAND SURVEYOR 30826 -Corral February 4, 2013 JEH /nt EXHIBIT A.4 Page 2 of 3 P: \CoMa1 \30 026 -1103 Se1E Storage \Letter.s\2.668 Ac 020413.doc i n e z t t M C N t �� t CJ I r1E f co t CA ► ti � t 0R g� f0C,•200806000465) It o 1 ,. ` gN e e e e e e S n A m Otlm NmO n 01T o'. Nq:E pro C - oU om pm P; o A ap0p, `j NCB l 00 m op'�m oop� i A fPNbZ 1 '0 73.323 ACRES (D00%0N. 200606003130) ERgF RIATpA� LAND, LTD.(�g (ZtOSEIDI4S�Rp��TIAL UA�DENSATiV1; ), k tM�ROYVED PASTURE) 1 30° 15'13"W 292.44' T- 530° 15'13 "E 261.48' z € � 0 nA FooG.•2oGda6oas4ss) � /! � � �{ fl o I i �J I� �a t � � S29° 39'25 "E 258.62 j � o r row cu �rfjp i IT 802 r i jl I zZ II NN-i ^� f � _ ca PA it 1 (� rnA O i7 C) )/Z� � 1 oabq W.`C1 07i in I O ! � ^ �EQ oO O� mmo On V Ft "M °a i i M APIP z I 0c_ c- " _ oo N c- rT Z 70 ° 0- 0I ����� (RIGHT-OF-WAY VARIES) rq 0 '—w'Z EXHIBIT A-2 1:59152 AM 2/5/2013 laranda (' \Como' \30028- 1103 SePf Storage \design \Exhibit \Ex1 lot 6 \30826 Exl 0 z ry 11FISM LD _w <F�7F 1'F r9 � W r °A z Mo :F, J, A c h n Ff fb z °p°�°I 1'1 no zz'SMITARY SEW NAGE EASEMENT +' 0R g� f0C,•200806000465) It o ,. 5 0 f Q TAN `p } l 1 oz a cm N 177 1 4F nA mZ _ A1 w AZ 80 W 0�1 ry * W� 1 w� S-'mA l '0 CO � S �� 0 jl 1 m 00 1 ti4 I t !, 0z 00 `` ] �S VAR1AERt W OTH INGRESS/ EGRESS ESM'T. 2006060064651 m t VANAM MOTH INGRESS /EGRESS MIT f z € � 0 nA FooG.•2oGda6oas4ss) � /! � � �{ fl o I i �J I� �a t � � S29° 39'25 "E 258.62 j � o r row cu �rfjp i IT 802 r i jl I zZ II NN-i ^� f � _ ca PA it 1 (� rnA O i7 C) )/Z� � 1 oabq W.`C1 07i in I O ! � ^ �EQ oO O� mmo On V Ft "M °a i i M APIP z I 0c_ c- " _ oo N c- rT Z 70 ° 0- 0I ����� (RIGHT-OF-WAY VARIES) rq 0 '—w'Z EXHIBIT A-2 1:59152 AM 2/5/2013 laranda (' \Como' \30028- 1103 SePf Storage \design \Exhibit \Ex1 lot 6 \30826 Exl 0 z ry 11FISM LD _w <F�7F 1'F r9 � W r °A z Mo :F, J, A c h n Ff fb z °p°�°I 1'1 no aQ ON C ii � hrvry � Qp Ny _ O r °zzm wx - /�/ ,.� °zG amowKn Waal w�ra3� � Nr� d1�rcw 'orcz_ oC�z Fa F a V U UOW �x�ZZ'� 6QW2a aQWGry = J — 5 z � E 2 O h QC —" WZU¢N �ZUZ cep Nr s z mzW rNm�w w`OU4i� =� °u¢iw U N m - . N �wrc Ui cu m a 2 � J � e z N �E 6 - , a � Q I S n ' 4 -0 rt.y 1ff! M. i s- 1 — — o a ! �YZ a..Y nun +11 - -- - - -F7I I 2 ,0 ui 1 if pa EXHIBIT B ai �s 6Jt1-� V c °nom ry 3 1 a, a_ Li I CD m O W L LL- N H LLJ or,, V J Lj i,7 = W U U �U) U z Z O N o - if pa EXHIBIT B ai �s 6Jt1-� V c °nom ry 3 1 a, a_ Li I CD m O W L LL- N H LLJ or,, V J Lj i,7 = W U U �U) U z Z O N o - Hubertus Retail PDD Standards Introduction This PDD will develop according to the base zoning district of General Business (GB) under the Schertz Unified Development Code (UDC). A mixed use Mini - Warehouse /Public Storage is allowed by right in this Planned Development District (PDD) and shall include no less than three and eight - tenths percent (3.8 %) of the net leasable area of the primary structure of the PDD as leasable offices with entrances facing the exterior. General Devel©pment Standards A. Planned_ Development District: This PDD shall be governed by the terms of the UDC, Article 5, Sec. 21.5.10. B. Use of Land and building: The permitted uses within this PDD shall be those allowed in accordance with the General Business (GB) district except Mini - Warehouse/Public Storage which is allowed as per the requirements of this PDD. The property shall be used in accordance and subject to compliance with the dimensional and development standards prescribed in the UDC and as amended. C. Light and Glare Standards: The standards for this development shall be regulated by the regulations of the City of San Antonio's Military Lighting Overlay District (in effect as of .tune 1, 2013) and the UDC, provided that the PDD will comply with the more restrictive standard. D. Development of Mini - Storage /Public Warehouse: The development of the property will be developed in accordance with the UDC and as amended, except for the following as it pertains to Mini - Warehouse /Public Storage: a. Landscaping; standards: Landscaping shall be provided in accordance with UDC, Sec. 21.9.7 Landscaping. The south side of the property shall provide a minimum twenty foot (20') landscape buffer with trees planted at minimum of one (1) shade tree planted for each thirty linear feet (30') and shrubs planted at minimum of ten (10) shrubs for each fifty linear feet (50') of the landscape buffer. b. Glazing standards: At least thirty percent (30 %) of the front fayade shall provide, on the ground level floor, windows and doors that allow for visibility into the primary climate- controlled commercial building or store. The ground level floor is measured from the finished floor elevation up to eight feet (8) in height as depicted in the architectural elevations provided herein. EXHIBIT C #174684A 067318.1 c. Faeade Articulations: Horizontal and vertical faeade articulations shall be constructed as depicted in the architectural elevations provided herein. d. Exterior material standards: In addition to requirements of Section 21.9.5(B) of the UDC, the north faeade of each building within the PDD (those facing IH -35) shall be clad entirely with stone, brick, and /or veneer appearing as stone or brick, but shall exclude: (i) windows, (ii) doors, (iii) those articulated portions of the faeade which may be concrete masonry units or (iv) portions of the faeade that are concrete masonry units covered by stucco, as depicted in the architectural elevation(s) provided herein. Low -water Use Pr_oiect: The project will incorporate a system by which rainwater landing on structures within the development will be captured and recovered in a large rainwater cistern, as depicted in the specifications attached herein this PDD. This rainwater will be, in turn, used to supplement the water needed to iirigate the landscaping on the property. EXHIBIT C -1 #1746843 067318.1 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: July 16, 2013 Department: Development Services Subject: Ordinance No. 13-5-21 — Consider and make a recommendation to City Council to amend the Comprehensive Land Use Plan associated with the North and South Schertz Sector Plan; and the Historic Downtown Schertz Plan (Gateway Plan) Final Reading BACKGROUND Goal The City Council and the City of Schertz retained Gateway Planning Group, Inc. in early 2011 to evaluate two areas in Schertz, the emerging growth areas of North and South Schertz. The main focus of this Sector Plan initiative is to create a vision for the future of Schertz that takes advantage of its location and assets to attract its fair share of growth in the San Antonio metro area. Subsequent to the initial engagement, Gateway Planning was asked to undertake an analysis of Downtown Schertz. A series of design workshops and stakeholder meetings were held that resulted in the development of this recommended set of land use and character areas. Each character area has unique attributes that will serve to create the type of built environment desired by the community, yet remain flexible to address changing market conditions. The plan provides a thorough appraisal of the challenges and opportunities facing the North and South sectors and outlines implementation strategies to position Schertz competitively in South Central Texas as an economically strong and attractive place. This plan will enable the City to consider both infrastructure investments and regulatory reforms to position Schertz for the next several generations of growth. Based on the North and South Schertz Framework Plan, and the Historic Downtown Plan; assessment of the market opportunities and the infrastructure needs, several implementation recommendations are provided for in the plan. Currently underway: City Council Memorandum Page 2 • Adopting the North and South Schertz framework plans as amendments to the city's land use map. • Amending the city's UDC to create the needed new zoning districts and regulations to implement the land use /character area designations. On- going: • Amending the city's Master Thoroughfare Map to incorporate the changes recommended within this document for the ultimate street network needed to implement the vision for South and North Schertz. • Adopting the recommended infrastructure phasing and probable costs into the city's Capital Improvements program for prioritization based on development (public and private) goals. • Potentially creating a value capture tool such as a special district and other management structures in order to invest in and manage the infrastructure needed to implement the vision, especially the transit - oriented development in North Schertz and Mixed Use Neighborhood Center in South Schertz. • Consider the creation of related economic development /incentive policies prioritizing public participation in infrastructure for projects that implement the desired outcomes in this Sector Plan such as Conservation Subdivisions, Mixed Use Neighborhood Development, transit - oriented development, etc. City Council approved this on first reading at their meeting of July 9, 2013. Community Benefit It is the City's desire to maintain an updated Comprehensive Plan by fulfilling many of the goals outlined in the Sector Plan that encourage a unique and unified identity; create a framework for sustained infrastructure investment; and ensure the framework is in a place that creates a competitive advantage for Schertz. Summary of Recommended Action The Planning and Zoning Commission conducted a public hearing on June 12, 2013 to receive public comment and to provide the Commission the opportunity to ask questions. Discussion included a proposal to change the land use category of Crescent Bend Nature Park as Parks /Open Space on the Future Land Use Plan which has been accomplished. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission reviewed the changes proposed at their regular meeting of June 12, 2013 and offered a recommendation of approval with the revision to the Future Land Use Map to show Crescent Bent Nature Park as Parks /Open Space. The vote was unanimous 7/0. City Council Memorandum Page 3 Staff recommends approval of final reading of Ordinance 13 -S -21 amending the Schertz Comprehensive Land Use Plan. ATTACHMENT Ordinance No. 13 -S -21 Future Land Use Plan, Figure 4.3 Schertz Sector Plan Executive Summary Schertz Sector Plan (Gateway) ORDINANCE NO. 13 -S -21 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE COMPREHENSIVE LAND USE PLAN AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Schertz, Texas (the "City ") desires to maintain an updated Comprehensive Land Use Plan by fulfilling many of the goals outlined in the Schertz Sector Plan that encourage a unique and unified identity; create a framework for sustained infrastructure investment; and ensure the framework is in a place that creates a competitive advantage for Schertz. WHEREAS, the Planning and Zoning Commission ( "P &Z ") of the City voted to recommend approval of the amendment to the Comprehensive Land Use Plan on June 12, 2013. WHEREAS, the City Staff of the City has recommended that the City Council adopt the amendment to the Comprehensive Land Use Plan; and WHEREAS, the City Council has determined that the amendments to the Comprehensive Land Use Plan creates a vision for the future of Schertz, as set forth herein, and is in the best interest of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The current Comprehensive Land Use is hereby amended to incorporate the Future Land Use Plan as set forth in Exhibit A attached hereto. Section 2. The City of Schertz Comprehensive Land Use Plan is hereby amended to incorporate the Schertz Sector Plan Executive Summary as set forth in Exhibit B attached hereto at Chapter 1, Introduction of the Comprehensive Land Use Plan. Section 3. The Schertz Sector Plan is hereby adopted by reference as part of the Comprehensive Land Use Plan as set forth in Exhibit C attached hereto. Section 4. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 5. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Ordinance 13 -S -21 — Comprehensive Land Use Plan Amendment Section 6. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 8. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 9. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED AND APPROVED on first reading this the 9th day of July, 2013. PASSED, APPROVED, AND ADOPTED on second reading this the 16th day of July, 2013. Mayor, Michael R. Carpenter, ATTEST: City Secretary, City of Schertz, Texas (SEAL OF CITY) Ordinance 13 -S -21 — Comprehensive Land Use Plan Amendment Executive Summary Early in 2011 the City of Schertz retained Gateway Planning Group, Inc. to evaluate two areas in Schertz, the emerging growth areas of North and South Schertz. The main focus of this Sector Plan initiative is to create a vision for the future of Schertz that takes advantage of its location and assets to attract its fair share of growth in the San Antonio metro area. To this end, the key issues analyzed and presented are: the prevalence of floodways, right sizing infrastructure to meet projected demand, transportation access, and recommended revisions to existing zoning and development standards validated through a market analysis. Subsequent to the initial engagement, Gateway Planning was asked to undertake an analysis of Downtown Schertz. The analysis addresses some short and long -term strategies to create activity while preserving existing small businesses and attracting new ones with focused public and civic improvements The consultant team, led by Gateway Planning Group (a Vialta Group Partner), included sub consultants from 1886 Asset Development, IDS Engineering Group (Formerly Pate Engineers) and TXP. A series of design workshops were held that resulted in the team developing a recommended set of land use and character areas with their corresponding conceptual infrastructure plans. Each character area has unique attributes that will serve to create the type of built environment desired by the community, yet remain flexible to address changing market conditions. This Sector Plan is an attempt to understand the implications and provide background information for proposed regulatory updates to be applied in undeveloped areas of Schertz. The plan provides a thorough appraisal of the challenges and opportunities facing the North and South sectors and outlines implementation strategies to position Schertz competitively in South Central Texas as an economically strong and attractive place. This plan for North, South and Downtown acts as a business plan to enable the City to consider both infrastructure investments and regulatory reforms to position Schertz for the next several generations of growth. The Sector Plan was adopted into the Comprehensive Land Use Plan on July 16, 2013. EXHIBIT B April 4, 2013 Schertz Sector Plan FINAL DRAFT April 4, 2013 1 www.gatewayplanning.com Table of Contents Tableof Contents ............................................................................................. ............................... 1 ExecutiveSummary .......................................................................................... ............................... 1 Acknowledgements......................................................................................... ............................... 2 PART1: PLAN OVERVIEW ......................................................................... ............................... 3 1. Introduction .......................................................................................... ............................... 3 2. Planning Process ................................................................................ ............................... 13 3. Planning Context ................................................................................ ............................... 14 4. Market and Employment Assessment ................................................ ............................... 16 PART 2: NORTH SCHERTZ SECTOR PLAN ............................................ ............................... 28 5. Existing Conditions ............................................................................ ............................... 28 6. Public Process .................................................................................... ............................... 35 7. North Schertz Framework Plan .......................................................... ............................... 38 PART3: SOUTH SCHERTZ ........................................................................ ............................... 53 8. Existing Conditions ............................................................................ ............................... 53 9. Public Process .................................................................................... ............................... 61 10. South Schertz Framework Plan .......................................................... ............................... 63 PART 4: HISTORIC DOWNTOWN SCHERTZ ......................................... ............................... 76 11. Historic Downtown ............................................................................ ............................... 76 12. Historic Downtown Schertz Design Workshop ................................. ............................... 81 13. Historic Downtown Zoning Recommendations ................................. ............................... 86 PART 5: IMPLEMENTATION .................................................................... ............................... 87 14. Regulatory Strategy and Zoning Recommendations ......................... ............................... 87 15. Management Framework ................................................................... ............................... 91 16. Infrastructure and Utilitylmplementation .......................................... ............................... 91 17. Fiscal Impact Analysis for Infrastructure Strategy .......................... ............................... 110 18. Incentives Policy .............................................................................. ............................... 117 APPENDICES................................................................................................... ............................... 1. North Schertz Framework Map ....................................................... ............................... A -1 2. South Schertz Framework Map ....................................................... ............................... B -1 3. Proposed Schertz UDC Updates ...................................................... ............................... C -1 4. Stakeholder Meeting Presentations ................................................. ............................... D -1 5. Interactive Survey & Results ................................ ............................... ............................E -1 Executive Summary Early in 2011 the City of Schertz retained Gateway Planning Group, Inc. to evaluate two areas in Schertz, the emerging growth areas of North and South Schertz. The main focus of this Sector Plan initiative is to create a vision for the future of Schertz that takes advantage of its location and assets to attract its fair share of growth in the San Antonio metro area. To this end, the key issues analyzed and presented are: the prevalence of floodways, right sizing infrastructure to meet projected demand, transportation access, and recommended revisions to existing zoning and development standards validated through a market analysis. Subsequent to the initial engagement, Gateway Planning was asked to undertake an analysis of Downtown Schertz. The analysis addresses some short and long -term strategies to create activity while preserving existing small businesses and attracting new ones with focused public and civic improvements The consultant team, led by Gateway Planning Group (a Vialta Group Partner), included sub consultants from 1886 Asset Development, IDS Engineering Group (Formerly Pate Engineers) and TXP. A series of design workshops were held that resulted in the team developing a recommended set of land use and character areas with their corresponding conceptual infrastructure plans. Each character area has unique attributes that will serve to create the type of built environment desired by the community, yet remain flexible to address changing market conditions. This Sector Plan is an attempt to understand the implications and provide background information for proposed regulatory updates to be applied in undeveloped areas of Schertz. The plan provides a thorough appraisal of the challenges and opportunities facing the North and South sectors and outlines implementation strategies to position Schertz competitively in South Central Texas as an economically strong and attractive place. This plan for North, South and Downtown acts as a business plan to enable the City to consider both infrastructure investments and regulatory reforms to position Schertz for the next several generations of growth. FINAL DRAFT April 4, 2013 11 Acknowledgements Mayor and City Council Mayor Michael Carpenter Council Member Jim Fowler Council Member David Scagliola Council Member George Antuna Council Member Cedric Edwards Past Mayor The Honorable Hal Baldwin Planning & Zoning Commission Dave Richmond, Chairman Ernest Evans, Vice Chairman Christian Glombik, Member Ken Greenwald, Member Richard Braud, Member Timothy Jacobs, Member Bert Crawford, Member Michael Dahle, Alternate Member Economic Development Corporation Harry Whitney, President Angelina Kiser, Vice President Tim Brown, Secretary Roy Richard Jr., Director Matthew Duke, Director Rosemary Scott, Director Marvin Thomas, Director City Staff John Kessel, City Manager Brian James, Executive Director David Harris, Executive Director Johnny Bierschwale, Executive Director Bob Cantu, Chief of Staff David Gwin, Economic Development Director George Logan, Director Parks & Recreation Michelle Sanchez, Director of Development Services Misty Nichols, Senior Planner Tony McFalls, GIS FINAL DRAFT April 4, 2013 2 PART 1: PLAN OVERVIEW Part 1 of the Sector Plan provides an overview of the purpose and history of this planning exercise. Included in this section is a summary of the planning process that facilitated the creation of this plan and explored the existing context in which the plan was shaped. Part 1 ends by summarizing the market conditions for the study area. 1. Introduction Schertz is located in South Central Texas five miles northeast of San Antonio in parts of Guadalupe, Bexar and Comal Counties. The city is approximately 24.7 square miles and contains frontage on Interstate 35 in the north and Interstate 10 in the south. The western side of the city shares a border with Randolph Air Force Base. The city is made up of three distinct sections: The North Sector is predominantly zoned for industrial and manufacturing uses, significant regional commercial uses at FM 3009 and 1 -35 with large areas of undeveloped land north and east of that intersection. Some of the land is in low lying drainage areas, with the southern border of this sector having continuous frontage on Interstate 35 and the northern boundary being a rail line with potential passenger rail opportunities. The Central Sector contains a bulk of the existing residential and commercial development in Schertz as well as the original downtown area and Civic Center. A majority of the Historic Downtown and the surrounding neighborhoods are prone to flooding due to its location within the 100 -year flood plain of Cibolo Creek. This condition poses severe limitations on short -term redevelopment potential for downtown. The South Sector is primarily existing single family neighborhoods or undeveloped land zoned for single family development as well as large areas devoted to Air Force base mitigation areas. The northwestern edge of this sector is bounded by Randolph Air Force Base and the southern boundary has continuous Interstate Highway 10 Frontage. FINAL DRAFT April 4, 2013 3 1 m Schertz City Limits and ETl Map Showing North and South Study Areas 1.1 Purpose of the Initiative The purpose of this study is to provide a framework to position Schertz for projected growth in a way that maintains the unique culture of the area yet captures a high quality, fair -share of the regional economic opportunity. The key will be leveraging the location in the greater San Antonio region and taking advantage of the significant frontage on IH 10 and IH 35 as well as proximity to Cibolo Creek, Randolph AFB and the imminent SH 130 Toll Road extension. This plan builds on the existing Comprehensive Plan by fulfilling many of the goals outlined in that planning effort. These goals can be met by encouraging a unique and unified identity; creating a framework for sustained infrastructure investment; and ensuring the framework is in a place that creates a competitive advantage for Schertz. The key to this plan's success is to implement strategies from current and past planning activities as well as citizen input to create an realistic policy framework for the North and South Schertz areas. This Sector Plan is responsive to substantial community desires, environmental constraints and market realities. The plan also respects current uses and entitlements as well as new potential uses that would provide the City the FINAL DRAFT April 4, 2013 5 1 tools necessary to prioritize public investment for desired development in an economically responsible way. This sector plan conceptualizes a de -facto unified master plan for land uses, the street network, drainage improvements and natural features such as green linkages along the respective watersheds. Coordinating a long -term strategy for utility infrastructure, roadways and land uses allows development plans for individual properties to come together in a manner that maximizes the effectiveness of limited public funds. In North Schertz, this is realized by being "rail ready" not rail dependent, as long -term planning for regional rail transit unfolds. In South Schertz, this means taking advantage of the IH -10 frontage in a more nuanced way. This will result in a visually and functionally pleasant environment for the public, as well as provide a more sustainable setting both physically and economically. The section below contains the relevant background information and history on Schertz. 1.2 Population, Demographics & Economic Context A. Population: In 2010 the population of Schertz was 31,465 which is a population change since 2000 of 68.3 %. B. Demographics: Demographic trends within Schertz is diverse with the representation breaking out as follows: • White alone - 19,052 (60.5 %) • Hispanic - 8,099 (25.7 %) • Black alone - 2,583 (8.2 %) • Two or more races - 814 (2.6 %) • Asian alone - 707 (2.2 %) • American Indian alone - 122 (0.4 %) • Native Hawaiian and Other Pacific Islander alone - 43 (0.1 %) • Other race alone - 45 (0.1 %) The average age is 37.8 years which is slightly below the statewide average of 40.8 years. C. Economic Context: The median household income as of 2009 was $69,659, up from $55,156 in 2000. This compares favorably to a state average of $48,259. Unemployment as of March 2012 was 5.0 %, compared to 7.0% across Texas. (Source: www.city - data.com) FINAL DRAFT April 4, 2013 6 1 1.3 Governance Structure The City of Schertz is run by a Council- Manager form of government with an elected Mayor and five Council members. The City is a member of the Alamo Area Council of Governments and the Lone Star Rail District. The City has established the Schertz Economic Development Corporation which is a Type B non - profit corporation responsible for undertaking projects for quality of life improvements, economic development including attracting and retaining primary employers through an allocation of % cent sales tax. In addition, the City provides basic public utilities, parks and recreation, and planning services in addition to public safety. 1.4 Regional Context and History Schertz history began around 1843 as a settlement originally called "Cibolo Pit" and then "Cut Off" due to the isolated position the town would be in when Cibolo Creek flooded. In 1899 the town officially became Schertz named for Sebastian Schertz who owned the general store. In the late 1920's Randolph Air Force Base was established which boosted the economy of Schertz and the surrounding towns. Schertz was incorporated as a City by the State of Texas in 1958. (Schertz Chamber of Commerce 2009) Historic Main Street, Schertz FINAL DRAFT April 4, 2013 7 1 1.5 From the late 1990's until present Schertz witnessed incredible growth; between 2000 and 2006 the population of Schertz grew from 18,694 to 34,000 residents. Schertz has also witnessed a boost in large employers with the recent additions of Medtronic and Caterpillar as well as Air Force Cyber Command and National Security Agency offices. In 2007 and again in 2009 Money Magazine rated Schertz as one of the top places to live in Texas and the United States. Schertz was ranked number 40 in the country and one of only three Texas towns making the top 50 list. Previous Relevant Studies This Sector plan builds upon the planning efforts undertaken by the City of Schertz in the past decade; primarily the Comprehensive Land Plan but also the Thoroughfare Plan and Parks & Open Space Master Plan. A. Comprehensive Land Plan The Schertz Comprehensive Land Plan was adopted in 2001 with the primary objective that it "not be considered a static document but rather the result of a continuous process to gather and evaluate information and make informed decisions based upon constantly changing conditions. The plan is intended to be reviewed, on a regular basis, and updated as needed to maintain its applicability to current conditions and priorities of the community." This Sector Plan is that type of update and expansion of the community's vision, core goals and objectives contained in the Comprehensive Plan. The Land Use and Growth Capacity sections in the Comprehensive Plan are the topics that are of primary interest and are expounded on through this Sector Plan. FINAL DRAFT April 4, 2013 8 1 As the Comprehensive Land Plan states the Land Use section was written to "ensure adequate balance in land use to be a self- sufficient community, intent on protecting our natural and historic amenities while allowing for continued responsible and well- designed development." The Land Use section contains six goals that apply to the work of the Sector Plan: • Goal 1: Create an identity for Schertz by creating the design features necessary to define Schertz to both residents and visitors • Goal 2: Manage growth and development in the community in a way that protects local quality of life and the area's small town character. • Goal 3: Achieve an efficient, diverse and balanced pattern of land uses within the City and the ETJ. • Goal 4: Expand the parks system and utilize trails, sidewalks and bicycle lanes as means of linking the various districts together into a cohesive and connected community. • Goal 5: Promote transit - oriented development in preparation for commuter rail. • Goal 6: Encourage development surrounding Randolph Air Force Base with uses compatible with the Air Installation Compatible Use Zone (AICUZ) Study. In addition to these goals, the Growth Capacity section of the Comprehensive Plan outlines a strategy for growing prudently. The Growth Capacity section was written with the intent to ensure that Schertz grows "responsibly and in a manner that protects the values and heritage of our community, maintains and enhances our chosen quality of life, builds upon our character and allows for balance." The Growth Capacity section contains three goals that apply to the work of this Sector Plan: • Goal 1: Enact policies that will allow Schertz to grow as necessary to respond to demand. • Goal 2: Promote infill development as an alternative to continued sprawl away from the heart of Schertz. • Goal 3: Require development to be designed in a way that follows the principles of Smart Growth. Finally, the Comprehensive Land Plan contains a section on Guiding Principles for Parks and Recreation Issues. One primary idea that applies to the regional drainage and green space networks in this Sector Plan is significant in that it encourages "the conservation of natural resources through acquisition of parks and recreation areas, preservation of open space, and environmentally sensitive planning." FINAL DRAFT April 4, 2013 9 1 The various goals mentioned above in the Comprehensive Plan are provided with implementation strategies and specific policies in this Sartnr Plan B. Thoroughfare Plan The Schertz Thoroughfare Plan represents the current and anticipated street network. In recognition of new development patterns within North and South Schertz, the thoroughfare network is recommended to be revised to be consistent with the new vision for development. This revision will maximize the effectiveness of the existing infrastructure and ensure the fiscal responsibility of "right sized" infrastructure for the development that it serves. C. Parks & Open Space Master Plan The Schertz Parks and Open Space Master Plan was adopted in 2007 with the stated objective of expanding on the three goals for parks outlined in the Comprehensive Land Plan. A fourth goal was added to "provide residents connectivity to the City's parks, schools, open space and cultural centers using trails, paths, and other alternative means of transportation to provide a Citywide trail system." Currently, most of the parks and useable open space in Schertz is concentrated in central Schertz with very little space in the north sector and none in the south study area. For the purposes of this Sector Plan the definitions used in Schertz for the different park and open space types are: • Natural Resource Parks — These are natural areas that are set - aside as scenic buffers or preservation. They are intended for limited passive recreation opportunities. FINAL DRAFT April 4, 2013 10 • Linear Parks /Greenways — These are the connectors that link the park system together as well as to other neighborhoods and cultural amenities. Width varies to accommodate specific user, site requirements, and safety needs. The plans survey shows that currently there are no regional, natural resource or linear parks/ greenways in the Schertz park system. Interestingly, Hike & Bike trails were ranked number 1 on a Summary of Needs Assessment Survey for the park system. The desire for trails is integrated into the overall vision of the Sector Plan particularly on how it interfaces with thoroughfares and undevelopable corridors due to flooding issues. The Parks and Open Space Master Plan makes a couple of recommendations with the summary of needs assessment in mind; first, to formalize a "Pedestrian Plan" by indicating "potential corridors that might be possible to link the City through alternative means of transportation, specifically paths and trails ". Another strategy is to prioritize trail /corridor and park projects for implementation as demonstrated in the Corridor Study below from the Parks and Open Space Master Plan. FINAL DRAFT April 4, 2013 11 T, iidwS, V NO" AF �71 2. Planning Process Throughout the planning process the City and the consultant team made every accommodation possible to incorporate a wide range of core stakeholders in the planning process. 2.1 Process Overview The primary way that public and stakeholder input was gathered by the consulting team was through a series of Planning Workshops. These were held from the early of 2011 to early 2012. These workshops included site bus tours, stakeholder meetings, public polling and visioning exercises. 2.2 Site Bus Tours One method of gathering visual cues and getting a general feel for the context was through guided bus tours of the study areas. Those tours allowed the team to gather visual documentation of the area and to understand the context of the land being planned. 2.3 Stakeholder Meetings Targeted stakeholder meetings were valuable because they provided the forum for landowners, residents, business owners and interested groups and parties to provide the consultant team with their unique perspectives to the area, their likes and dislikes of various conditions, and help be a part of creating a vision for their city. Keypad Polling was used to gather community input on desired development types DRAFT January 14, 2013 13 1 P a g e 2.4 North and South Schertz Design Workshops Detailed descriptions of the North and South Design Workshops are included in Sections 6 and 9 in this document. In addition, copies of the presentations are included in Appendix 4 of this document. Initial Conditions Assessment for the North Schertz Area (Graphic developed during North Schertz Design workshop prior to expanded IH -35 Study Area) 3. Planning Context In order to understand the context of the plan, below is an overview of the planning focus areas. 3.1 Plan Focus Areas A. North Schertz and IH -35 Corridor The North Schertz area has large swaths of undeveloped land in addition to some recent industrial and commercial development at the intersection of FM 3009 and IH -35. This area, predominantly north of IH- 35 and east of FM 3009 and is a total of 3,877 acres. There is considerable frontage on the interstate with development opportunities on both sides of the highway. The predominant land uses are agricultural grazing lands, undeveloped, and some existing industrial and manufacturing facilities along the north side with retail and a golf course community on the south side of the highway. The North Schertz area holds a unique development opportunity due to a potential rail station and transit - oriented development (TOD) beside the Lone Star Regional Rail line (the Katy Line), along with the rich historic agricultural heritage in the context of an eclectic watershed environment. FINAL DRAFT April 4, 2013 14 B. South Schertz and IH -10 Corridor The South Schertz area generally is similar to the North with expanses of undeveloped land and considerable highway frontage, this area is bordering IH -10 with a total size of 11,468 acres. The predominant current land uses are agricultural grazing land and large lot residential. This area contains a large amount of land in the FEMA 100 year flood plain; therefore requiring an area wide drainage strategy. C. Downtown Schertz The Downtown Schertz plan area is located in Central Schertz and is generally the 3 block area north of FM 78 from Cibolo Creek to FM 1518. The FM 78 frontage is characterized by older auto - oriented commercial uses and Main Street has a mix of older, historic buildings in 2 blocks between Randolph and Pfeil Streets, residential uses and buildings, and industrial uses in metal buildings along the rest of the corridor. Immediately north of Main Street are older residential neighborhoods in mostly single - family residential buildings. 3.2 Major Issues The following is a summary of the major issues impacting development in the North, South and Downtown Schertz Sectors. A. Drainage A significant proportion of the North, South, and Downtown Sector lies in the 100 year flood plain or near the floodway of Cibolo Creek. With much of the area currently planned to switch from agricultural use with a highly permeable surface to more intensive development with added impervious cover, attention needs to be given to an area wide drainage strategy. Possible Design of Drainage Channel B. Existing zoning, land uses and utility implications Most of Schertz is zoned conventionally which does not allow a mixture of land uses and transitions between commercial and residential uses. Some areas suffer from homogeneous zoning that does not reflect the FINAL DRAFT April 4, 2013 1s nuances of the marketplace and the potential for higher quality development. For example, there are areas of North Schertz that are zoned for industrial and areas of South Schertz that are zoned for large - lot single family homes far beyond what is realistic from a market demand standpoint. This type of regulatory environment can exacerbate impacts on drainage and transportation systems. It also has impacts on the level of service and potential for both over - building and under - building of infrastructure. Part 5 of this document, the Implementation Section, addresses these challenges and offers phasing recommendations and regulatory adjustments to mitigate the negative consequences in drainage, utilities and transportation. 4. Market and Employment Assessment The IH -35 Corridor has experienced tremendous population and employment growth over the past decade. Since 2000, major cities such as Schertz, New Braunfels, and San Marcos have expanded by nearly 50 percent. Most forecasters expect this suburban -style growth to continue for the foreseeable future. However, with the economic downturn, opportunities around passenger rail, and the completion of a nearby toll road, (SH 130) could influence different development patterns. Some of these changes may have the potential to increase convenience and auto - oriented commercial uses such as higher traffic generated on IH -10 due to access to SH 130 and some changes (commuter rail) may provide opportunities for higher density, mixed use development. The bottom line is that Schertz needs to identify these potential impacts (both beneficial and detrimental) and establish policies to leverage beneficial impacts and limit detrimental impacts. There is active planning, for example, for regional passenger rail linking Austin and San Antonio as well as other communities located along IH -35. The Lone Star Rail District and Schertz are working through the process of determining the most appropriate location for a stop and corresponding transit - oriented development. In addition to IH -35 opportunities, Schertz's city limit includes thousands of acres along IH -10 within the South Schertz Plan Area. While this section of the city has not experienced rapid growth, the completion of SH 130 is likely to generate additional vehicular traffic and real estate development between San Antonio and Seguin along I H -10. 4.1 Market Environment and Analysis The market assessment undertaken for this planning effort focuses on two areas of emerging growth within Schertz: North Schertz (the area roughly west and north of IH -10; see North Schertz Plan Area map on the following page) and South Schertz (south of FM 78; see South Schertz Plan Area map on the following page). The purpose of this section is to analyze how regional economic and demographic trends will influence these two planning areas over the coming decades. FINAL DRAFT April 4, 2013 16 City of Schertz — City Limit and ETJ Boundary North Schertz Planning Area FINAL DRAFT April 4, 2013 17 South Schertz Planning Area A. Population Trends Schertz's population has expanded rapidly over the past 20 years. The 2011 population estimate is 32,478 City residents with an average household size of 2.87 people. In 1990, the City's population was 10,660 residents. Between 1990 and 2010, Schertz added over 20,000 residents, a compound annual growth rate (CAGR) of 5.6 percent compared to a 2.5 percent CAGR for the San Antonio MSA. Schertz remains the largest community along the IH -35 Corridor between New Braunfels and San Antonio. The neighboring cities of Cibolo, Garden Ridge, Selma, and Universal City have also witnessed substantial population gains over the past decade. The combined population for the region is 76,370 residents. Because Schertz spans three counties, has a large ETJ, and is rapidly growing, population forecasting is challenging. The Texas Water Development Board, for example, projects Schertz's population will double by 2040. This is true for the other cities in the surrounding are as well. FINAL DRAFT April 4, 2013 18 City of SCnertz Population 1 rends Source: U.S. Census Bureau 2001 2999 3,447 iJ394 1!000 14105 t743,796 1002 22-737- 3,785 L973 ]-192 14.610 LTT7.397 1003 23.520 4,723 1!099 11i78 14.937 lima.?-67 1004 14.947 5$10 21305 7 -I81 151"9 ]JMX7 1006 261437 7,175 1!462 2.749 16 91 U78J20 2006 29.11M 9 14 2!692 2:669 17 31 1,932,720 2007 29.941 -17-1 2.903 3.908 17147 1.984,766 2005 30.579 14 .329 3.67 4143 18,003 2.03afin 1009 31l m 14.993 3.227 5AS7 W16 2 ff2 778 2010 31!680 15,457 32B7 5.570 19,628 2 MJM 1011 32,478 15$53 31MO 5W 18.997 2J94-927 CAG! 4A% 165% 6A% 11-9J0% 2-7% 2-3% Table 1: Regional Population Trends Source: U.S. Census Bureau B. Economic Base Schertz's employment base rapidly expanded between 2005 and 2010, adding 3,200 new jobs, a resulting 9.1 percent compounded annual growth rate. In 2010, there were approximately 9,100 Schertz -based business employees. The Retail Trade, Wholesale Trade, Educational Services, and Accommodation and Food Services sectors play a major role FINAL DRAFT April 4, 2013 19 in the Schertz economy. These sectors account for more than 55.5 percent of the city's current total employment. Schertz has large warehouse and distribution facilities, but these sites are sometimes classified based on the industry sector of the parent firm. In 2010, the combined employment base of Comal and Guadalupe Counties was 68,000 jobs. Approximately 13.8 percent of these jobs were located in Schertz. The city currently accounts for 13.7 percent of total population for these two counties. Consistent with a growing population base, the number of Schertz's residents in the labor force is also expanding. As of September 2012, 15,188 Schertz residents were employed. The current unemployment rate for Schertz's (residents in the labor force who live in the city) is 5.2 percent. This figure is significantly below the San Antonio MSA unemployment rate of 6.0 percent. Schertz's unemployment rate peaked at 6.3 percent in July 2010. c /ty or scnerrz tmpioyea Labor t-orce Source: Texas Workforce Commission FINAL DRAFT April 4, 2013 20 City of Schertz vs. San Antonio MSA Unemployment Trends Source: Texas Workforce Commission 8.0% ■ Schertz 7.0% Awnlhre. Fa&w_ & HuAft Un ■ SanAntonio MSA 6.0% no n M 6firw_ & Od and Gas bftaction 8 15 5.0% 12 4 tlbities 4.0% 3.0% 2.09 1.09 0.09 2005 2006 2007 2008 2009 2010 2011 2012 (Sept) City of Schertz vs. San Antonio MSA Unemployment Trends Source: Texas Workforce Commission Table 2: City of Schertz Employment Trends —lobs Based in Schertz Source: TXP, Inc., U.S. Census Bureau - LEHD Program FINAL DRAFT April 4, 2013 211 Awnlhre. Fa&w_ & HuAft Un 99 106 no n M 6firw_ & Od and Gas bftaction 8 15 20 12 4 tlbities 48 55 60 58 58 C¢6nn 406 475 505 559 458 Ik_ufil � 498 607 679 713 651 WholesaleTrade 426 536 646 892 914 REWTFR& 1!014 995 1!047 i j 93 996 Trarrsp=bft n & Warehortsa� 109 189 166 318 278 kd6nmatim 61 68 66 64 69 Fiarroe & iERE -ante 132 151 175 197 178 !Feat E AAE. IEev� & Leamw 85 93 137 124 74 prafesskm al & SCk_nwk SerrkDes 119 136 224 265 270 IbnaAernent of COFgN *--S 8 3 4 3 42 A&r&&Wation & Support 269 332 362 302 313 Educatkumd Sertiices 1!637 1JI54 1965 F 2.079 2,179 Health Dire & Soil AmzArrce 399 512 548 621 713 AFN BdEFbkKnEK & REO-e. ti 39 46 36 25 41 Aixognmadibm & Farad Serdces 720 866 1 m 3 1.084 987 OUrer SM&M -5 232 276 417 390 5003 PubbcAckrkii1rafim 218 243 251 290 292 Trial 6,531 7,551 8,437 9299 %141 Table 2: City of Schertz Employment Trends —lobs Based in Schertz Source: TXP, Inc., U.S. Census Bureau - LEHD Program FINAL DRAFT April 4, 2013 211 C. Labor Force Profile Schertz's employed labor force (residents who have a job regardless of location) has steadily increased over the past 5 to 10 years, but below the rate of job growth within the city. In 2010, roughly 14,000 Schertz residents were employed. The statistics in Table 3 are produced by the US Census Bureau and differ from the household survey the Texas Workforce Commission uses to produce unemployment statistics. The Health Care & Social Assistance, Educational Services, and Retail Trade sectors represent the largest percentage of jobs based in Schertz. It is important to note that active duty military personnel are not included in this dataset. Given Schertz's proximity to Randolph Air Force Base, a significant number of personnel might live in the area. Unfortunately, it is not possible to quantify this factor. Despite the fact that there are 5,000 fewer jobs in the area than working residents, the distribution of jobs and resident occupations are similar. Table 3: Employment by Sector for Employed Schertz Residents Source: TXP, Inc., U.S. Census Bureau - LEHD Program FINAL DRAFT April 4, 2013 221 . rr: 40 46 36 47 1�ir $i Od and (mss 6itrae6on 76 93 92 109 93 Ulities 7A2 1% 93 118 72'.7 Ca91Shue4on 689 738 791 T74 806 NIIIMFrda� 704 745 847- 734 839 5idL-TF&& 513 544 568 617 671 REWTrad- 7 17 1!449 1r4M 1-905 15'M Transparla6un 8L Mlff ho 367 382 429 413 413 II&MUM oa 777 275 306 326 355 RMOM$i r1suffawe 511 602 606 733 799 IEeal , RLe 8L FeMMW 184 198 236 790 273 ProfeSSkM" $i SCk-Fdffk SeMk) a 480 606 645 769 736 I wMA of coug •ik-5 90 99 114 155 145 A �11i SUPPMt 661 690 786 722 794 E " SerVoes 113% 1!614 1!661 1JIM 7-69 Health Care & Sn®1 A595bnoe I X44 7�7SR V-% 1,516 7834 Am *. a e.'bm 172 733 144 230 AxroffrffnadMion $i FaM Senwr-c 7JU86 7 .65 7A79 1.7-4-7 7360 OdWFS FVk)M 321 370 382 414 443 P"bie AdnidShAtion 307 370 382 373 619 Trial 101382 11,470 72,049 72,7M 14AIM Table 3: Employment by Sector for Employed Schertz Residents Source: TXP, Inc., U.S. Census Bureau - LEHD Program FINAL DRAFT April 4, 2013 221 D. Labor Shed Analysis Using publicly available data it is possible to perform a labor shed analysis. The purpose of this analysis is to highlight (i) where Schertz residents work and (ii) where Schertz -based business employees live. The results are useful in identifying future economic development targets, determining workforce gaps, and guiding future public sector investment. In 2010, approximately 14,000 Schertz residents were employed. At the same time, Schertz -based businesses employed 9,100 workers. Hypothetically, if all Schertz -based jobs were first filled by local residents, then approximately 5,000 workers would need to commute away from Schertz each day. However, data from the Census Bureau - LEHD Program describe a different situation. In 2010, about only 1,600 Schertz -based jobs were filled by residents. This translates into 12,400 residents commuting each day for work. Nearly 46.0 percent of Schertz residents work in San Antonio. About 5.0 percent of residents work in Austin. The mean travel time to work is 34.0 minutes. This has important implications for future transportation infrastructure spending for projects like passenger rail service. These findings create positive and negative implications for Schertz. Because City residents work throughout the San Antonio region in a broad range of industries, this can help offset the negative effects of a slowdown in one sector or closure of a local business (e.g., the closed Lacks distribution center). The downside is that Schertz has not created enough high - paying local jobs for its residents. If someone wants to live close to their employer, Schertz might be at a disadvantage. Lh&Win Sdw4OU 1Q1392 17470 17049 12.iS6 14�M Livftm d Rq*wd in Sdwfftz 1,338 7393 7451 7607 1!608 liritin SdwvU but 9A44 10.077 10568 11 X84 17430 fimpk ed Outside C ft Table 4: Where Employed Schertz Residents Work Source: TXP, Inc., U.S. Census Bureau - LEHD Program E1.V&YP. in Sdrertt 6.531 7551 8,437 9;299 9X41 RgAwed and Lhft in SdWFtZ 1,339 JOSI 7fim ifim Finpkwd o Sdrertt but lwmc&*Jde 5X93 6J48 6-956 7f697 7-533 SdrertZ Table 5: Where Schertz Workers Live Source: TXP, Inc., U.S. Census Bureau - LEHD Program FINAL DRAFT April 4, 2013 231 E. Per Capita Income & Wage Levels Currently, there is no annual time series of publically available data on average per capita income or average wages paid by place of residence at the sub - county level. The U.S. Census Bureau — American Community Survey has recently released per capita income data at the city level, but it is an average for 2009 to 2011. According to this dataset, the per capita income in Schertz was $29,935. The median household income level was $80,330. At the regional level, Comal County's per capita personal income in 2010 was $41,462. Guadalupe County was slightly lower at $35,120. Using data from the U.S. Census Bureau - LEHD Program, it is possible to compare earnings by bracket for three groups: (i) Schertz -based jobs (the job is located in the city, (ii) Schertz residents, and (iii) San Antonio MSA- based jobs. Tables 6 to 8 summarize this information. In general, the earnings for Schertz -based jobs are lower than what residents earn outside of the city. This has important implications for future development because it appears Schertz residents are more affluent than what the local employment base supports. Unless these trends reverse, a high percentage of Schertz residents will continue to seek employment opportunities in surrounding communities. $1,250 ner mu.ih or k-M _4% 32_5x 30-9x 2,&S% 27 -2% $1751to $3,433 per monlh 43-6% 384% 3"% 4011% 3811% Nkwe#h $3 33 per month 2311% 291% 30.3% 31-2% 345% Table 6: lobs by Earnings Paid — Schertz -based Workers Source: TXP, Inc., U.S. Census Bureau - LEHD Program Table 7: lobs by Earnings Paid — Schertz Residents Who Work Source: TXP, Inc., U.S. Census Bureau - LEHD Program $1,250 per month or lem 30th% 295% 28.7% 7-79% 7-6.4% $1r251111D $31133 per month 42.4% 41-4% 4"% 40.6% 401% Morethan S3,333 per month 2711% 291% 305% 31-5% 33.4% Table 8: lobs by Earnings Paid —San Antonio MSA -based Workers Source: TXP, Inc., U.S. Census Bureau - LEHD Program FINAL DRAFT April 4, 2013 24 $y? KA per gnonUr or lei 295% 27.4% 269% 2511% 23-6% $1751ftP$3,333permonih 375% 361% 351% 3511% 34.7% Morefl a $3 333 per month 3311% 36.4% 379% 4011% 41-8% Table 7: lobs by Earnings Paid — Schertz Residents Who Work Source: TXP, Inc., U.S. Census Bureau - LEHD Program $1,250 per month or lem 30th% 295% 28.7% 7-79% 7-6.4% $1r251111D $31133 per month 42.4% 41-4% 4"% 40.6% 401% Morethan S3,333 per month 2711% 291% 305% 31-5% 33.4% Table 8: lobs by Earnings Paid —San Antonio MSA -based Workers Source: TXP, Inc., U.S. Census Bureau - LEHD Program FINAL DRAFT April 4, 2013 24 F. Existing General Land Use Patterns The population and employment information above sets the stage for the land use context. The two planning areas cover 14,116.6 acres. There are a variety of land uses throughout North Schertz and South Schertz including residential, commercial, public sector, and non - taxable. Parts 2 and 3 contain a more detailed evaluation of land use within each study area. The vast majority of land in both plan areas is undeveloped. G. Building Permit Data Single- family building permit activity has been relatively stable in Schertz over the past decade. Data provided by the US Census Bureau and Texas A &M Real Estate Center indicates that Schertz's single - family buildings permits have kept pace with surrounding cities and counties. Single - family building permit activity has risen since the collapses of the real estate sector from 2006 to 2010. An increase in building permit activity and average value per dwelling unit bodes well for the community. However, it is unlikely the community will get above 500 building permits per year for the next few years. Table 9: City of Schertz Annual New Privately -Owned Residential Building Permits Source: U.S. Bureau of the Census FINAL DRAFT April 4, 2013 251 2040 332 7. $MXM 2001 21f2 $35,403 ,317 $135J27 2002 328 $41,943,497 $127$77 2 W 561 $54946 91 $97.232 20[14 416 $54997$43 $123.291 20[16 535 387902!737 $1"'IM 2006 455 $75 059.360 U"A" 2007 371 $59 AU511 $159950 2008 463 $5819924 $125961 2009 350 Wei' 6 J26 $I98A76 2010 446 $80071!064 $179-532 2011 298 366271J1% $222,VM Table 9: City of Schertz Annual New Privately -Owned Residential Building Permits Source: U.S. Bureau of the Census FINAL DRAFT April 4, 2013 251 M 2000 $ IMM SS-7.7m S y ?M $9,000,000 I 2001 ' SJ27 • Property Tax $ ] 2002 W7.977 $92.7W 31M S12 01M S85.400 2003 $97.232 S 36 $ S 20 8W W75M 2004 $123.291 $136.600 $197.400 $]33.700 $142-900 2006 $164.304 $146.700 $178.400 $137 00 $1-90—Kim 2006 SIW96+6 $156000 $]SIAM $155.2010 $164700 2007 $y W950 $169.300 $MAW $176.300 $179 -[10 zoos $125°61 $175 00 $z26AM $162.800 $194.00 2009 $19SA76 $17500 $2] dbw $206 -900 $1s6.0oo 2010 $179.532 $175.700 $213-900 $190-900 IMAM 2011 $222.386 $176506 $190.066 S210-582 $185.490 Table 10: Average Value per Dwelling Unit per New Single Family Unit Source: U.S. Bureau of the Census, Real Estate Center at Texas A &M University H. Tax Base Given the city's population and employment growth, sales and property tax revenues have also expanded. From 2001 to 2010, the compound annual growth rate for sales tax and property tax were 13.0 percent and 12.7 percent respectively. This far exceeds the population growth rate of 4.1 percent. Sales tax collections for the first part of 2011 are 9.7 percent higher than the same period in 2010. $10,000,000 $9,000,000 • Sales Tax • Property Tax $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $0 r� N M d" LM %4 r- M Q+ O a a a a a a a a a r+ a a a a a a a a a a N N N N N N N N N N City of Schertz Select General Fund Revenue Source: City of Schertz FINAL DRAFT April 4, 2013 26 Compared to regional communities, Schertz has relatively low sales tax revenue per capita. Even after adjusting for the difference in sales tax rates (see Table 11), the city's collections are well below most other IH -35 cities. Table 11: Adjusted Sales Tax Revenue Per Capita (assume 1% Sales Tax Rate) Source: Texas Comptroller of Public Accounts, TXP FINAL DRAFT April 4, 2013 27 PART 2: NORTH SCHERTZ SECTOR PLAN 4. Existing Conditions This section of the report describes the existing context of the North Schertz Sector Plan with respect to existing land uses, zoning, transportation network, and opportunities and constraints for future development. 5.1 Existing Land Uses and Zoning The majority of the North Sector is zoned for light manufacturing with isolated areas of single family agricultural residential, manufactured home parks and general business interspersed. On both the North and South frontages of Interstate 35 is general business zoning. General Business II zoning is along the western edge of the sector study area. The vast majority of land is undeveloped. The information contained in the following tables and map on Page 27 describe the distribution of current land use patterns within the North Schertz planning area. Bank 1275 5.7 MffWe- Farris Rffj&r*l 9 zfru NkV& w* Itej&m W 0 U 59 Vt KM t LOtS and Trams 8" 276A OmMred Auinft" Land 2,4999 3,725.4 Farm and Randy k%W0Verne1rS 594 4_9M-9 Canranerdol & bxkr &W 5035 294-9 UIdi6es 13 Q4 TvtAy Exenrt P"*PE X 138.7 6415 TCU 4,L5,8.1 11,114.1 Table 12: Project Subareas Acreage by State Land Use Code (2010) Source: Bexar, Comal, and Guadalupe Appraisal Districts, TXP, Inc. ( "Blank" State Land Use Code refers to an undefined use per the Appraisal District Database) FINAL DRAFT April 4, 2013 28 BLN* $] 034�i' 07 s0 Sire -Fa Rffsi&4 w SZSA43.445 x,81 i D [r7[r Nkshad i* Ieskdrnf" $0 $357;m Ya1 n* Lois and Tracts $59+66 3 $5AMA% QmiiedAffinft"Land $46_99(L52 MfGSS*099 Fans and Rmmh WW"n meats $1_2.825.8W $32 CaMnerr W & kKkrrh el S101.617-995 95 .- 16%314 utfi es 69200 $17.420 Tam Emurlt Prap" $7 .17111M $3.787.3m TOW $2"s573yM $164y7fi%6TM Table 13: Project Subareas Assessed Value* by State Land Use Code (2010) Source: Bexar, Comal, and Guadalupe Appraisal Districts, TXP, Inc. * Assessed value does not equal taxable value ( "Blank" State Land Use Code refers to an undefined use per the Appraisal District Database) Existing Land Use Patterns - North Schertz Source: Bexar, Comal, and Guadalupe Appraisal Districts FINAL DRAFT April 4, 2013 29 The map on Page 31 shows the existing zoning within North Schertz. Other than the highway frontages which are zoned for General Business, most of North Schertz is zoned for Light Manufacturing. Some of the areas north of the rail line are located within the city's ETJ. 5.2 Opportunities and Constraints A. Opportunities North Schertz holds countless opportunities due to its location and land area. Its access to IH -35 provides a high level of market demand for all types of land uses including commercial and residential. The proximity to the interstate also places it in a prime location in North San Antonio in terms access to services and linkages to adjoining cities and employment centers. North Schertz also has a significant amount of underdeveloped and undeveloped land that can accommodate a greater variety of land uses compared to the relative few that currently exist and are permitted under current zoning. The potential access to a future rail station provides opportunities for creating a rail -ready development context with higher intensity, quality, and mix of uses. Other opportunities will include the need for available commercial land along the highway to support the existing distribution centers. With the construction of the Caterpillar manufacturing plant, the relocation of Sysco Foods headquarters and the recent announcement of the Amazon fulfillment center, it is likely that Schertz will continue to see additions to its employment base over the near future. B. Constraints While North Schertz's location provides an abundance of opportunity due to proximity to the interstate, it faces a myriad of constraints that are challenges on varying levels in the near and long term. Some of the constraints are physical while others are perceived. The largest physical constraint is the aforementioned interstate itself. The interstate provides a large physical barrier between North Schertz and the rest of the city, thus disconnecting it from the community in a manner that isolates it from a residential perspective. Other physical constraints include the close proximity of a quarry, existing adjacent industrial uses, and electrical transmission lines separating North Schertz from the rest of the city. FINAL DRAFT April 4, 2013 30 O. a c 0 a x v c c a c a LU w In a; c 0 N N i v t U t i O z M Another market -based constrain is the amount of available industrially zoned property in North Schertz far exceeds the market demand for industrial property for the next 20 plus years. In addition, the overall amount of land generally creates a propensity for a more sprawl -like development pattern due to great variation in land prices. This scenario leads to a "leap- frog" development pattern which is not desirable from an efficient infrastructure investment stand point. Yet another constraint is one of geography and perception. North Schertz is entirely in the county of Comal and thus in the Comal Independent School District (CISD). While the quality of CISD schools is not an issue there is a general marketing perception that the Schertz- Cibolo- Universal City School District (SCUCISD) schools are a "reason to locate in Schertz." While the quality of the schools may be similar in reality, there is a perception that CISD Schools are not up to par with SCUCISD. This aspect should be considered and clarified when marketing the North Schertz area for more residential uses. Also, the limited access across I -35 to the North Schertz Plan Area physically separates this sector from the rest of the city. Additional linkages and new development in North Schertz can start connecting this area to the rest of Schertz. 5.3 Existing Transportation Network The transportation network of North Schertz is heavily influenced by the presence of IH -35. IH -35 has a total average daily traffic count exceeding 200,000 trips. There are several other TxDOT controlled roads including FM 3009, FM 2252, and FM 482 in the study area. FM 3009 is the second most travelled road in the area at over 50,000 daily trips closest to its intersection with IH -35. This is primarily due to the existing commercial and industrial developments at that node. The only City of Schertz controlled roads include Friesenhahn, Hubertus, and Schwab Roads. All roads except for FM 3009 and IH -35 are currently rural road cross sections with 2 lanes, shoulder and road side ditches. FINAL DRAFT April 4, 2013 32 1 Page k)b H -low iYA: KI -ANN 5.4 Existing Context of Rail and the Lone Star Rail District There are two railroads that cut through the study area. Both lines are owned and operated by Union Pacific Rail Road (UPRR). The western most line is referred to as the UPRR Line and the eastern line is known as the MKT or Katy Line. Both lines are primarily used for freight purposes. According to the TXDOT Texas Rail Plan (November 2010), each line carries between 20 and 29.9 million tons of freight cargo. The UPRR line also provides a passenger service with the Amtrak Texas Eagle Line. The Texas Eagle Line provides daily service between San Antonio and Chicago. The UPRR Line has been identified as the preferred route of the Lone Star Rail (LSR) District to provide commuter service between Austin and San Antonio. The LSR District is initially planning on 15 stops along its route including one in Schertz. The initial location of the stop was on the UPRR Line nearest the intersection with FM 3009. The location provides access challenges because of the recent construction of overpasses on FM 3009. It also has limited development potential by splitting the benefit of the station between Schertz and Garden Ridge. The City has engaged LSR to provide feedback that a more appropriate location for the TOD station area would be on the Main Line No. 2 (see Section 7 for more information on this recommendation). The City will continue to monitor the environmental clearance and preliminary engineering processes under the National Environmental Policy Act (NEPA) being facilitated by TxDOT and LSR in the regional system in addition to the goal of creating a robust, developed TOD. 5.5 Existing Utilities A. Sanitary Sewer The entire study area is inside the City of Schertz Certificates of Convenience and Necessity (CCN) for sanitary sewer service. However, a large majority of the area has no sanitary sewer service. In recent years, the City of Schertz has begun the Town Creek Project to bring sanitary sewer collection service to a large majority of the study area as well as other un- served areas. The Project is being constructed in phases. The first phase has been constructed and includes a lift station near the intersection of Friesenhahn Rd and FM 482. The lift station forces the sewage to the east to an existing collection system located near the intersection of FM 1103 and Old Wiederstein Rd east of IH -35. The City is currently designing the second phase gravity mains that will connect the lift station FINAL DRAFT April 4, 2013 34 1 P a g e to the intersection of FM 482 and IH -35 and also to FM 2252/MTK Rail Road. A future phase is to construct another lift station about 9,000 feet downstream and north of the existing lift station. The future regional lift station will receive the entire North Schertz area and is being sized for 6.3 million gallons per day. An Equivalent Development Unit (EDU) for the project is determined to be 285 gallons per day. The capacity of the collection system needs to also include infiltration and inflow (i /i) rates plus a peaking factor. For this particular project the peaking factor used is 2 and no i/i was accounted for. This sizing methodology is not consistent to the City's current standards and may result in undersizing the facilities. B. Domestic Water The study area is covered by three CCNs for water service by the City of Schertz, Green Valley Special Utility District (SUD), and New Braunfels. The New Braunfels portion is a joint CCN with the City of Schertz. The City of Schertz water supply to the area is provided through storage tanks located at the NE corner of FM 3009 and FM 2252, tanks on Country Club Blvd, a tank near Tulip St and Hope Ln, and a tank near Fawn Dr and Deer Run. The distribution system is focused primarily along the corridors of FM 3009 with an 18" main, along both sides of IH -35 with 12" mains, along FM 2252 with 12" mains, and 12" mains near Schwab Rd. Green Valley SUD has little infrastructure in the area. They have a 20" main that cuts through the area but is for service to the City of Cibolo on the east side of IH -35. Green Valley indicated they would have difficulty providing service and would consider either selling the infrastructure or participating in a joint CCN with Schertz. 5. Public Process In working with city staff, the design team developed a detailed public involvement process to develop the vision for North and South Schertz. The main components of this process included a series of meeting with staff, stakeholders, and a detailed public design workshop that involved both. The details of the public design workshop for North Schertz are described below. 6.1 North Schertz Design Workshop The North Schertz design workshop was held between January 31 and February 3, 2011. The input gathered and the design and research work done was used to craft the North Schertz Framework Plan. FINAL DRAFT April 4, 2013 351 A. Visioning & Community Polling The design workshop began with a bus tour of the area with the design team and city staff. This tour allowed the team to get a feel for the surrounding context and opportunities and constraints in the study area. FI-1 71-11TIq Schertz Bus Tour A public forum was held to present the data collected, issues identified, drawings and design concepts developed and solicit feedback from participants. A non scientific keypad poll was undertaken to gather input from interested workshop participants on a variety of questions that provided the design team with direction on the community's desires and preferences. A copy of the keypad polling questionnaire and associated results are included in Appendix 5 of this report. The public meeting was well attended and a good discussion ensued that then informed the development of the final North Schertz Framework Plan. A copy of the opening presentation and the closing presentation made to the public is included in Appendix 4. A typical sample keypad polling question FINAL DRAFT April 4, 2013 36 "' A sample of the keypad polling results B. Stakeholder Interviews During the workshop, the consultant team met with stakeholders who represented the US Air Force (Randolph Air Force Base), Texas Department of Transportation, the area School Districts, San Antonio River Authority, city and county government and Schertz Home owners. Public Presentation and Feedback Opportunity FINAL DRAFT April 4, 2013 37 C. Design Workshop and Outcomes Based on the input from city staff, key stakeholders and the public the workshop process was successful in collecting information and feedback that was then used to produce the North Schertz Framework Plan. The North Schertz Framework Plan includes a preliminary assessment of the planning area, a delineation of land use /character areas based on the development vision and opportunities for different areas, a conceptual plan for the IH -35 frontage and the potential TOD. Workshop Concept Plan for North Schertz (developed during the North Schertz Workshop prior to the extended North Schertz plan area) 6. North Schertz Framework Plan The North Schertz Framework Plan [See Appendix No. 1 for large map] shows the desired character /land use areas providing a guide for future development. Each character /land use area is intended to implement a specific development type based on the existing context and opportunities. This then becomes the basis for the regulatory /zoning framework for long term implementation. A matrix demonstrating how each one of these framework plan land use /character area designations is to be incorporated into the existing Unified Development Code regulatory structure is included in Part 5, the Implementation Section of this document. In addition an updated transportation network is shown to correspond with the character areas to provide a more predictable and desired development environment which is to be an amendment to the city's official Master Thoroughfare Plan. FINAL DRAFT April 4, 2013 38 North Schertz Framework Map showing Recommended Land Use /Character Areas and Transportation Network 7.1 Land -Use and Character Areas Based on the market assessment, design workshop, stakeholder and staff input, the following land use /character area descriptions were developed. In addition these descriptions form the basis for the proposed amendments to the Unified Development Code included in Appendix 3 of this document. A. Agricultural Conservation This land use /character area is intended to preserve a lot of North Schertz in a rural /agricultural state. This is consistent with the existing context of the historic community of Comal at FM 482 and the flood plain areas between the two rail lines. In addition, this area is less attractive for more intense uses due to its distance from the Interstate and lack of infrastructure and street network. However, without thoughtful and proactive planning and conservation efforts, over time there will be increasing pressure for conventional suburban development in this area that would run counter to the community desire to preserve rural character. The community's vision for this area may also evolve over time and should be reevaluated based on market FINAL DRAFT April 4, 2013 39 trends and community desires during future planning efforts. Some of the character - defining elements recommended are: • Use Mix: Mainly large -lot (5 acre min lot size) residential and agricultural with some AG related commercial uses to be permitted (landscaping business, metal workshop, farmers market, convenience store, etc., with appropriate design and transition standards) Images showing desirable development character within the Agricultural Conservation Land Use /Character areas • Alternative Development option: Provide incentives for development of conservation subdivisions within this land use /character area due to potential for lower infrastructure (streets and utilities) costs and greater preservation of open space associated with clustered development with the following recommended standards: — Minimum assembled acreage required to apply for conservation subdivision zoning — Maintain gross density of 0.2 DU /Ac; but allow varying lot sizes (no lot size minimum) — Minimum open space (public or private) or conservation easement required (70% minimum) — Open space to be in a natural state or may be used for agricultural uses — Preserve rural frontages along FM 482 and Old Nacogdoches Road with deeper setbacks, trails, and low fence design standards FINAL DRAFT April 4, 2013 40 Possible development outcome using a Conservation Subdivision approach in the Agricultural Conservation Land Use /Character area B. Commercial Campus The Campus Commercial land use /character area is intended to encourage the development of lower intensity commercial and office uses in the locations between major intersections as a buffer between the Interstate Highway and adjoining neighborhoods. Given the significant linear frontage along IH -35 in North Schertz, there are several opportunities to accommodate low impact campus development that takes advantage of the highway frontage and any major environmental assets (such as flood plains, steep grades, and significant vegetation) as aesthetic amenities on the site. This category could also accommodate light manufacturing or flex office uses set in a campus like environment in addition to multi - family residential located at mid -block locations and as transitions between office /light industrial uses and adjoining single - family residential uses. Some of the character - defining elements recommended are: • Land Use Mix: Mostly office, research, flex- office, and supporting uses, light industrial and assembly uses, educational and other institutional uses. This category may include some multi - family uses at mid -block locations and as a buffer between the highway and single - family neighborhoods only. Generally, multi - family should only be considered in locations that may not be ideally suited for retail, office, or light industrial uses such as mid -block locations, behind major commercial uses, and on sites with environmental constraints. In addition, multi - family uses should be incorporated and /or phased in with other retail and office uses. • Building Scale /Height: May vary from low rise to taller office buildings with scale transitions to adjoining development FINAL DRAFT April 4, 2013 411 Create an overlay district with standards to implement the campus commercial design elements: • Building articulation — Some building articulation required; simple building and roof forms • Materials: Allow a range of building materials including but not limited to articulated tilt wall, masonry, stucco, synthetic stone, concrete panels, concrete block, cinder block, metal and tile. • Building Orientation: - Buildings shall be set in a campus environment with landscaping and natural features - Pedestrian linkages and trails to be provided - Development to be auto - oriented along highway and service street frontages and pedestrian oriented along other internal connector streets (hybrid) - Emphasis on key linkage streets for more pedestrian oriented development • Transitions to adjoining uses: - Smaller scale garden office and multi - family as transitions to single - family - Buffer /screen loading, unloading and service areas • Civic /Open Space: - More natural and unstructured spaces - Generally private yards (areas within front, side, and rear setbacks, courtyards, etc.) • Landscaping: - Soften highway frontage with landscaping and screening of surface parking - Combination of private and public landscaping - Low impact infrastructure for storm water and water quality such as bio swales, rain gardens, pervious pavers, etc. o Signage: Unified wayfinding program with a palette of monument and building signs Images showing desirable development character within the Campus Commercial Land Use /Character areas FINAL DRAFT April 4, 2013 421 C. Highway Commercial This land use /character area designation is intended for regional scale retail and commercial uses that can take advantage of the highway frontage. This land use /character area is located at major highway intersections to maximize access to the region and adjoining neighborhoods. Some of the character - defining elements recommended are: • Land Use Mix: Mostly large format retail with restaurants and entertainment uses or mid -rise office buildings; may include lodging and related uses. • Building Scale: generally low rise with some taller office buildings. • Design Elements: • Building Articulation: - Focus on minimizing the impact of a 'big box' look by articulating the building mass horizontally and vertically - Horizontal and vertical articulation to break up the building mass • Building Materials: - Allow a range of building materials; primarily masonry (brick, stone, stucco, synthetic stone) for retail /restaurant and masonry, glass, and more flexible materials for office buildings (including, but not limited to masonry, curtain glass, glass block, concrete panels, concrete blocks, architectural metal, tile, etc.). • Height transitions and buffers to adjacent neighborhoods and other non highway frontage streets • Soften highway frontage with landscaping • Signage: Larger highway facing monument signs; smaller building signs along other streets; limit new billboard signs Images showing desirable development character within the Highway Commercial Land Use /Character areas FINAL DRAFT April 4, 2013 431 D. Industrial This land use /character area designation is intended to maintain some lower intensity industrial, flex office, and logistics uses within North Schertz. These areas are centered along existing industrial uses along FM 3009, FM 2252, and Schwab Road. The goal is to maintain truck access along these roadways and buffer and transition these uses from adjoining residential uses. In addition, limited design standards (mainly building materials and landscaping) are recommended to better integrate these uses with office and commercial uses. Some of the character - defining elements recommended are: • Land Use Mix: Allow both small, incremental development and large development of area with light industrial, logistics, manufacturing, and assembly uses • Generally 1— 3 stories (max. 3 stories) • Create an overlay district with standards to implement the industrial campus design elements: o Primary street fronting building facades should reinforce horizontal and vertical rhythm by either changing color, materials, or with panels or building articulation Illustrations showing desirable primary fagade treatment for industrial buildings • Materials: Allow a range of building materials (including masonry, stucco, tilt wall, architectural metal, concrete blocks, etc.) • Building Orientation: - Buildings shall be set in a campus environment with landscaping and natural features - Pedestrian linkages and trails to be provided • Transitions to adjoining uses: - Buffer /screen loading, unloading and service areas • Civic /Open Space: - More natural and unstructured spaces FINAL DRAFT April 4, 2013 44 - Generally private yards (areas within front, side, and rear setbacks, courtyards, etc.) • Landscaping: - Soften highway frontages with landscaping and screen parking lots - Combination of private (parking lot and yard) and public (streetscape) landscaping along key streets - Low impact infrastructure for storm water and water quality (such as bio swales, rain gardens, pervious pavers • Signage: Unified wayfinding program with a palette of monument and building signs Images showing desirable development character within the Industrial Land Use /Character areas E. Mixed Use Core This land use /character area designation is intended to accommodate a higher intensity, walkable, mixed use node at the future Lone Star Rail rail station to be located within North Schertz. Such a mixed use node would anchor adjoining residential neighborhoods in addition to establishing a rail -ready context for development. This land use /character area designation would also preserve the opportunity for true transit - oriented development when the market matures. Some of the character - defining elements recommended are: • Land Use Mix: Mix of retail, entertainment, restaurant, office, civic (including transit facilities), and multi - family residential uses • Generally medium intensity development with long -term potential for higher intensity development FINAL DRAFT April 4, 2013 451 Create a PD type mixed use zoning district with the following elements: • Require a phased conceptual plan framework over multiple properties based on a market - driven assessment with flexibility for joint submission for properties under multiple ownership. • Establish a set of key performance criteria for the core Mixed Use area and transitions including integration with residential neighborhoods. • Minimum performance standards for key elements to ensure walkable mixed use including: - Building Articulation: Building base is articulated at a pedestrian rhythm /scale (20' to 30' bay /demarcation width). Ground floors designed with a high quality pedestrian realm with active uses at key locations - Building Materials: ■ Higher standards for building materials apply only to pedestrian- oriented streets ■ Materials to be masonry or comparable high quality materials (minimum 75 %) of primary facades of buildings - Building Orientation: ■ Buildings built to the edge of the sidewalk establishing a strong street wall along pedestrian- oriented streets ■ Ground floors of buildings along pedestrian- oriented streets to be of higher quality design - Civic spaces: plazas, paseos, and squares - Landscaping: mostly in the public realm (street trees) and in civic spaces - Signage: establish a palette of more pedestrian- oriented signs o Street and Block Standards: — Establish a manual for the design of new streets within North Schertz to implement the goals of the plan. The Street Design manual would include context sensitive design standards for streets (see table on page 50 based on the ITE Manual for Context Sensitive Urban Thoroughfares). — Street network should be based on the required and recommended streets on the framework plan and city's Thoroughfare Plan FINAL DRAFT April 4, 2013 46 Images showing desirable development character within the Mixed Use Land Use /Character areas F. Neighborhood This land use /character area designation is intended to accommodate the development of a series of walkable traditional neighborhoods within North Schertz. Integrating a range of usable open space types that also double as the regional drainage network with trails and passive greenways, these traditional neighborhoods would provide a range of housing types from townhomes, live -work units, patio homes, cottages, to large -lot single - family residential. Some of the character - defining elements recommended are: • Mix of various residential and live -work uses and building types (single - family residential, cottages, patio homes, townhomes and live -work units) o Generally lower scale buildings compatible with single - family residential neighborhoods • Create a PD type traditional neighborhood zoning district with the following elements: • Require a phased conceptual plan framework over multiple properties based on a market - driven assessment with flexibility for joint submission for properties under multiple ownership. • Establish a set of key performance criteria for the core neighborhood area and transitions including integration with any mixed use area. • Minimum performance standards for key elements to ensure walkable mixed use - Building Orientation: ■ Buildings built closer to the sidewalk establishing a strong street wall along pedestrian- oriented streets - Civic /open spaces: parks, paseos, and greens - Landscaping: In both the public realm (street trees) and on private property FINAL DRAFT April 4, 2013 47 o Street and Block Standards: — Establish a manual for the design of new streets within North Schertz neighborhoods to implement the goals of the plan. The Street Design manual would include context sensitive design standards for streets. (see table on page 50 based on the ITE Manual for Context Sensitive Urban Thoroughfares) o Street network should be based on the required and recommended streets on the framework plan and city's Thoroughfare Plan Images showing desirable development character within the Neighborhood Land Use /Character areas FINAL DRAFT April 4, 2013 48 7.2 Linkages - Thoroughfares and Transit In order to implement the framework plan, modifications to the City's Major Thoroughfare Plan must be considered. A denser network of streets should be identified in the Plan for the Mixed Use and Neighborhood land use /character area to accommodate the higher intensity development and promote a walkable environment. The street network in the areas that are being placed into conservation type land uses should remain rural and not be required to urbanize. Cross sections of the individual streets should be established using context sensitive solutions that factor in the adjacent land uses. The cross section assemblies should consider land use, design speed, traffic counts, lane widths, on street parking, medians, and street edge (i.e. curb, sidewalk). The street design parameters table on Page 50 (based on the ITE Manual for Walkable Urban Thoroughfares) provides a palette of context sensitive streets based on balancing current and future development needs. The priority of new or expanded roadways should be in areas where there is development momentum or in areas where the city wants to drive development. In all other areas, the public capital investment into infrastructure should be minimized in order to incentivize the quality and location of the desired type of development. A connecting mass transit system (i.e. buses) should be considered to link any future LSR rail station with the rest of the city. This system could be a new system or an expansion of an existing system (i.e. VIA). Planning for that system should commence once the possibility of the LSR Rail station becomes more certain. In addition, as plans for the future rail station solidify, city should develop a plan for parking location and phasing with LSR in order to ensure that development intensity around the train station can evolve with careful location and phasing of surface park and ride lots. FINAL DRAFT April 4, 2013 49 C N N N N N N m N N � m 4� m V [O V N N C] V V V V m m m N N N N O r r O 07 m m 7 07 d7 m m 07 07 m 07 00 07 m m In d7 7 d 7 7 d d 7 7 d d 7 d cl 7 d d 7 d H co H H U'S co H H co co H N H H co N H to S m m O N m m m V V C] V m m N N N .. O N O .. +D m +D m ❑ 0 N N N 0] 0] 0] P} N N O 0} N N N N ff1 ff} N N N [O [O Ia O o S N d N C C C C C C C C C C C C C C C C C C C C C 3 U C C C C C C '0 QI S # N 0 O m L I N H N L N N Tr N N N a � Ia [O +D Ia Ia +D +D Ia J c y N N N N N N N N N N 'u ao vu v u7L C mm m, mm m i moo mm m m m ❑ 3 C N m m p p m PP C] N C] N m C] m m m C] N C] N N S C � N N r N r N N r r N r N r N r N N r r N r N r N r N N r r N r J } N y � C E m 3 J Z m m y v O O O O N N li} N N O O O O O O O O O O O O O O O O O O a co rn v m m m m v v v a a m m m m m m m m m m m m m m m m m m u v v O co d d d E li C v 0 E LL C v 0 E LL C v 0 C N C N N 3 N N N C N N } N N C N 2 N i N N J C v }'N C U 3 N C r.N C U 3 n N d'➢ m a'° i U 7 E c m E E m U O .� v E u c m E E m U 7 O.� m E c m E E V 0 U 0 Z 0 0 0 0= E o f 0 0 T U V N U ¢ C 0 U 0 o U 0 Z o o 0 0= E o f 0 0 m U p N ¢ U 0 C 0 o U 0 U o Z 0 0 0 o E o f o o m U O N ¢ U ti C 0 o U m `o `o `o `o U 8 N .� 0 `0 `0 `0 `0 U i `o `0 `o `o U U c o v E E m?? U ., m nn ALL c n mn LPL o m- # v a v E m 3 3 n� ALL c o U N 'v Qt '- 'v 'v v S C# 'v E [�] C 3 -- 3= d 'v Qt '- 'v 'v v S C# 'v E 3 -- 3= d 'v m '- 'v 'v v L C# 'v E 0 C 3 �- - 3 =� Z Z11 rn Z SH a o JL1 m rn o Q QL1 Q �ZZ Z.Z rn m =H o o o m 5 5 o S .2 .1 QS ZZ Z �Z rn SH 0 0 JC] m m rn o S QQC1 Q d N L y p-1,09 an—V wails 0 6 0 M N E - w Z L .a z w View 7.3 Open Space and Greenway Linkages The recommended open space and greenway linkages are to be integrated with the overall land use /character areas, transportation network, the city's adopted Parks and Open Space Master Plan, and future stormwater drainage network. The goal within North Schertz is to create a network of linked linear open spaces that also double as the stormwater drainage network with trails and greenways. Desirable Character of Open Space in North Schertz FINAL DRAFT April 4, 2013 511 P a g e Nk PART 3: SOUTH SCHERTZ 7. Existing Conditions This section of the report describes the existing context of the South Schertz Sector Plan with respect to existing land uses, zoning, transportation network, and opportunities and constraints for future development. 8.1 Existing Land Uses and existing Zoning The majority of the South Sector is zoned for single family residential with isolated areas of light manufacturing and general business interspersed. On the North frontages of Interstate 10 is general business zoning and the eastern half of the study area is land in the ETJ and predevelopment stages with development agreements in place. With the exception of some existing residential neighborhoods, a majority of land is undeveloped. The information contained in the following map and tables highlights the current land use patterns within the planning areas. Existing Land Use Patterns —South Schertz Source: Bexar, Comal, and Guadalupe Appraisal Districts FINAL DRAFT April 14, 2013 53 1 P a g e Table 12: Project Subareas Acreage by State Land Use Code (2010) Source: Bexar, Comal, and Guadalupe Appraisal Districts, TXP, Inc. ( "Blank" State Land Use Code refers to an undefined use per the Appraisal District database) BLKA 50.4 5.7 Mnde+MMft Re!si 1 136.7 1.2 MATAFMft RESi� 0J0 59 Val LatS and TiaetS 46.4 2761 QwMed Auialhral Land 1,674.7 3.725.4 Farm and Randy kMPMWM eve 5899 4-9039 Cammercial & kKkEtrel 403.4 2945 U AbLLS L3 0.4 Tam E~ Prop" 365 641-5 Tamil 2,939.3 77.774.1 Table 12: Project Subareas Acreage by State Land Use Code (2010) Source: Bexar, Comal, and Guadalupe Appraisal Districts, TXP, Inc. ( "Blank" State Land Use Code refers to an undefined use per the Appraisal District database) Table 13: Project Subareas Assessed Value* by State Land Use Code (2010) Source: Bexar, Comal, and Guadalupe Appraisal Districts, TXP, Inc. * Assessed value does not equal taxable value ( "Blank" State Land Use Code refers to an undefined use per the Appraisal District database) 8.2 Current Zoning, Extraterritorial Jurisdictions (ETJ) and Development Agreements The map on Page 56 shows the existing zoning within South Schertz. Other than the highway frontages which are zoned for General Business, most of South Schertz is zoned Single - Family Residential /Agricultural (RA). . Currently there are large parcels east of FM 1518 in the ETJ with development agreements in place. These development agreements were analyzed and understood as context for the framework plan. FINAL DRAFT April 4, 2013 54 1 Bank $0 $0 siffe Fa RP9� S91r7 M OM WASO M MWU&FMh Rej&4t 1 $357 90 $357.M Val Lam and TraetS $5A04;266 $5 .304 .266 $died Affodh" Land $25Xffl2JW9 $25figSM9 Farm and Randy kupmMnlents $37 fifg M $37 fif.R S= Cammeraal & kKkE l $]5.760 15 $15.760 .315 UW6e5 $2850 $17.420 Ta6ry ExeRVt Pr 4Wft $2-900J40 $3.797 .310 Tamil $134"7.251 $M0%76%6_M Table 13: Project Subareas Assessed Value* by State Land Use Code (2010) Source: Bexar, Comal, and Guadalupe Appraisal Districts, TXP, Inc. * Assessed value does not equal taxable value ( "Blank" State Land Use Code refers to an undefined use per the Appraisal District database) 8.2 Current Zoning, Extraterritorial Jurisdictions (ETJ) and Development Agreements The map on Page 56 shows the existing zoning within South Schertz. Other than the highway frontages which are zoned for General Business, most of South Schertz is zoned Single - Family Residential /Agricultural (RA). . Currently there are large parcels east of FM 1518 in the ETJ with development agreements in place. These development agreements were analyzed and understood as context for the framework plan. FINAL DRAFT April 4, 2013 54 1 In 2010, the City entered into 86 development agreements with various property owners and entities in South Schertz. The purpose was to establish a framework for annexing land in the City's extraterritorial jurisdiction (ETJ). These development agreements allow landowners who own agricultural and or wildlife management properties to continue their ETJ status while allowing for code and planning policies of the city to apply to new development as long as that application does not interfere with current uses. This policy allows landowners to avoid paying city taxes while giving the city influence over new development as it occurs in terms of land use, zoning goals and patterns of development. The term of the agreement lasts for a period 10 years or when the land changes uses from its agricultural or wildlife- management status. This development agreement policy allows the City to integrate a large amount of land over an extended period of time, allowing staff to manage development projects as they are annexed into the city under the premise of this plan. A primary benefit of this is for the City to incorporate new land and future tax base into its corporate limits without stretching city staff and services beyond their capacity limits. The sector plan for South Schertz and the related utility and street infrastructure strategy provided herein provides the land use and development pattern guidance for the orderly implementation of these development agreements. Existing Rural Character of South Schertz FINAL DRAFT April 4, 2013 55 cx a c 0 a k N Q a W O N N i+ L QJ s U s 0 M c-1 O N a cd cd ti F-^ w n 8.3 Opportunities and Constraints A. Opportunities The southern section of the city holds a variety of opportunities for development and growth within its boundaries. Located south of the main city core and north IH -10, South Schertz is the least developed of the three main areas of the City. This location, on the opposite end of the city from the Austin -San Antonio Corridor, is more attractive for lower intensity residential land uses in the short term as more homeowners move to the City. Commercial development will eventually follow as rooftops are added to the area. The geographical context of the area presents an abundance of available land (approximately 11,100 acres), some of it vacant or master planned or platted for new residential development that have yet to be constructed. South Schertz lies mostly within the Schertz- Cibolo- Universal City Independent School District (SCUCISD) which, as mentioned earlier, is perceived as an amenity or enticement to locate to the area, as its schools are well recognized throughout the region. The area's proximity to IH -10 also provides an opportunity in the future as commuters to San Antonio will be able to live in South Schertz with a quick commute to the heart of San Antonio. In addition, South Schertz is entirely located within Bexar County, with access to a wider range of county services available than other area counties. This allows for County supplied services to be provided by an additional entity distributing needed services to a city, an unusual situation for growing cities. B. Constraints The constraints for South Schertz are derived from its relative development infancy compared to the other areas of Schertz. Without a history of development, South Schertz has a significant lack of infrastructure including sewer, water and streets. It also is constrained by the relatively flat topography that could lead to flooding of property including limiting transportation access at low water crossings during flood events. These constraints will be alleviated and addressed to some degree through capital improvements as development occurs. South Schertz's current lack of connectivity with the rest of the city is a constraint that will need to be addressed at a city -wide and regional scale. Currently FM 78, railroad tracks and Cibolo Creek are all major barriers to much needed connectivity between South Schertz and the rest of Schertz. FM 1518 is the only current accessible route into South Schertz, and better connectivity across the above barriers can only happen at a significant cost. DRAFT January 14, 2013 57 1 P a g e 8.4 Existing Transportation Network The transportation network of South Schertz exhibits good connectivity to IH- 10 to the south and to Loop 1604 to the west. However, as indicated above, the connectivity to the east and north are limited to a single point of connection by FM 1518 to the north and by two low water crossings of the Cibolo Creek by Schaefer Rd and Lower Seguin to the east. FM 1518 and IH -10 are the only TxDOT roads with all the remaining roads under the jurisdiction of the City of Schertz. All roadways are currently rural cross sections with 2 lanes, no curb, and roadside ditches. The existing roadway network to the north, east and west further demonstrates the major connectivity challenges South Schertz has to the rest of Schertz and the region which could make it difficult to attract the type of development that the community desires. FINAL DRAFT April 4, 2013 58 r. I pm i 8.5 Existing Utilities and Services A. Storm Water There are three significant drainage ways that affect the area. Cibolo Creek is a major creek running along the north and east sides of the area. Woman Hollering Creek runs through the center of the area with its headwaters located in Randolph AFB. Salitrillo Creek runs through the southwest corner of the area. Overall there is 1,289 acres of FEMA designated 100 -year floodplain or 11% of the area. The topography of the land between FM 1518 and Cibolo Creek is very flat and is subject to shallow sheet flow flooding. B. Sanitary Sewer The area has three Certificates of Convenience and Necessity (CCN) and a large area with no CCN. The three CCNs include a treatment CCN for Cibolo Creek Municipal Authority (CCMA) and San Antonio River Authority (SARA), and a retail CCN for the City of Schertz. Based on the Southern Sewershed Master Plan study conducted by the City in 2011, the CCMA may expand their CCN and Green Valley would not object to an encroachment into their CCN. CCMA has an existing treatment plant located off of Authority Lane in the northern portion of the study area. The existing school and residential developments north and east of the intersection of FM 1518 and Lower Seguin Rd currently lift their sewage to the CCMA Plant. The Sedona /Crossvine development has a temporary treatment plant for its development. All other areas in the area are served by onsite sanitary sewage facilities (OSSFs). The Southern Sewage Master Plan identifies a 15 million gallon per day regional lift station to be placed at Women Hollering Creek and IH -10. A 30 million gallon per day regional treatment plant would be located at Cibolo Creek and IH -10. The treatment plant would accommodate 29.2 million gallons per day from the Women Hollering and West Cibolo sewersheds. There is a project currently underway by a consortium of property owners within the SARA CCN. The initial phase of the Graytown project will construct a gravity sewer from west of Loop 1604 to a lift station located on Scenic Lake Dr at the Salitrillo Creek. The lift station will send the sewage to a package treatment plant located at Loop 1604 and IH -10. Future phases are to abandon the lift station and continue the gravity mains to a future treatment plant located near the intersection of Graytown Rd and Abbot Rd south of IH -10. FINAL DRAFT April 4, 2013 60 1 P a g e C. Domestic Water The area is covered primarily by the City of Schertz CCN with a small portion in the southeast corner in the Green Valley CCN. Green Valley indicated they do not have the ability to serve the area and would consider releasing or having a joint CCN with Schertz. Existing facilities in the area are limited. The area's water supply is primarily from the Live Oak Water Plant and a ground storage tank on Ware Seguin Rd. There is a 12" main along the entire length of FM 1518. The City's master plan is to add tanks in the Schaefer Rd area that connect directly into the Schertz /Seguin Local Government Corp Water Supply. 8. Public Process In working with city staff, the design team developed a detailed public involvement process to develop the vision for North and South Schertz. The main components of this process included a series of meeting with staff, stakeholders, and a detailed public design workshop that involved both. The details of the public design workshop for South Schertz are described below. 9.1 South Schertz Design Workshop The South Schertz design workshop was held from August 29th to August 31St 2011 and was used to explore ideas in the study area and gather input from the community and key stakeholders. One primary area of focus was the IH -10 frontage and flood prone areas. The input gathered and the design and research work was used to craft the South Schertz Framework Plan. A. Visioning & Community Polling The design workshop that took place over three days was interspersed with opportunities for community input and a final public presentation to report back the findings and visioning. A Typical sample Keypad Polling Question and Feedback FINAL DRAFT April 4, 2013 611 The community input sessions were open -ended and also included a non - scientific key pad polling questionnaire whereby workshop attendees were asked their opinions and viewpoints on a variety of questions. The data was accumulated and answers were shown instantaneously and also helped inform the team during the workshop process. A copy of the polling questionnaire and responses is included in Appendix 5. The public meeting provided significant feedback that subsequently informed the development of the final South Schertz Framework plan. Copies of the opening presentation and the closing presentations made to the public are included in Appendix 4. B. Stakeholder Interviews A series of stakeholder interviews were also held over the three days with city staff, major landowners, home owners and institutional stakeholders like the US Air Force, Texas Department of Transportation, the area School Districts, San Antonio River Authority, city and county government and Schertz Home owners. The meetings helped the design team collect input from a variety of perspectives and better understand the opportunities and constraints in the study area. Input Given during a stakeholder input Session C. South Schertz Design Workshop and Outcomes The workshop process was successful in collecting information from city staff, key stakeholders and city staff that feedback was eventually used to produce the final South Schertz Framework Plan. This plan is based on a thorough preliminary assessment of the planning area, a delineation of FINAL DRAFT April 4, 2013 621 character zones based with accompanying design guidelines for the appropriate areas and outline goals and a conceptual plan for the study area. A Sample of Written Community Feedback at the Workshop Closing Session 9. South Schertz Framework Plan The South Schertz Framework Plan shows [see Appendix No. 2 for large Map] the desired land use /character areas to guide future development patterns and implemented through zoning amendments. A matrix demonstrating how each one of these land use /character area designations are to be incorporated into the existing Unified Development Code regulatory structure is provided in Part 5, the Implementation Section of this document. In addition an updated transportation network (to be an update to the city's Master Thoroughfare Plan) is shown to correspond with the land use /character areas to provide a more predictable and desired development environment. FINAL DRAFT April 4, 2013 631 South Schertz Framework Map showing Land Use /Character Areas and Future Transportation Network 10.1 South Schertz Land -Use and Character Areas Based on the market assessment, design workshop, stakeholder and staff input, the following land use /character area descriptions were developed. In addition these descriptions form the basis for the proposed amendments to the Unified Development Code included in Appendix 3 of this document. A. Agricultural Residential This land use /character area is intended to preserve much of South Schertz in a rural /agricultural state. This area is less attractive for more intense uses due to its distance from the Interstate and limited street connectivity. Some of the character - defining elements recommended are: Use Mix: Mainly large -lot (5 acre min lot size) residential and agricultural with some AG related commercial uses to be permitted (landscaping business, metal workshop, farmers market, convenience store, etc., with appropriate design and transition standards) Alternative Development option: Provide incentives for development of conservation subdivisions within this land use /character area due to potential for lower infrastructure (streets and utilities) costs and FINAL DRAFT April 4, 2013 64 greater preservation of open space associated with clustered development with the following recommended standards: — Minimum assembled acreage required to apply for conservation subdivision zoning (over 30 acres) — Maintain gross density of 0.2 DU /Ac; but allow varying lot sizes (no lot size minimum) — Minimum open space (public or private) or conservation easement required (70% minimum) — Open space to be in a natural state or may be used for agricultural uses — Preserve rural frontages along Trainer Hale/ Ware Seguin and Weir Roads with deeper setbacks, trails, and low fence design standards Images showing desirable development character within the Agricultural Conservation Land Use /Character areas Possible development outcome using a Conservation Subdivision approach in the Agricultural Conservation Land Use /Character area FINAL DRAFT April 4, 2013 651 B. Commercial Campus The Campus Commercial land use /character area is intended to encourage the development of lower intensity commercial and office uses in the locations between major intersections as a buffer between the Interstate Highway and adjoining neighborhoods. Given the significant linear frontage along IH -10 in South Schertz, there are several opportunities to accommodate low impact campus development that takes advantage of the highway frontage and any major environmental assets (such as creeks, flood plains, steep grades, and significant tree cover) as an aesthetic amenity on the site. This category could also accommodate light manufacturing or flex office uses set in a campus like environment in addition to multi - family residential located at mid -block locations and as transitions between office /light industrial uses and adjoining single - family residential uses. Some of the character - defining elements recommended are: • Land Use Mix: Mostly office, research, flex- office, and supporting uses, light industrial and assembly uses, educational and other institutional uses. This category may include some multi - family uses at mid -block locations and as a buffer between the highway and single - family neighborhoods only. Generally, multi - family should only be considered in locations that may not be ideally suited for retail, office, or light industrial uses such as mid -block locations, behind major commercial uses, and on sites with environmental constraints. In addition, multi - family uses should be incorporated and /or phased in with other retail and office uses. Building Scale /Height: May vary from low rise to taller office buildings with scale transitions to adjoining development Create an overlay district with standards to implement the campus commercial design elements: • Building articulation — Some building articulation required; simple building and roof forms • Materials: Allow a range of building materials including but not limited to articulated tilt wall, masonry, stucco, synthetic stone, concrete panels, concrete block, cinder block, metal and tile. • Building Orientation: - Buildings shall be set in a campus environment with landscaping and natural features - Pedestrian linkages and trails to be provided - Development to be auto oriented along highway and service street frontages and pedestrian oriented along other internal connector streets (hybrid) FINAL DRAFT April 4, 2013 66 - Emphasis on key linkage streets for more pedestrian oriented development • Transitions to adjoining uses: - Smaller scale garden office and multi - family as transitions to single - family - Buffer /screen loading, unloading and service areas • Civic /Open Space: - More natural and unstructured spaces - Generally private yards (areas within front, side, and rear setbacks, courtyards, etc.) • Landscaping: - Soften highway frontage with landscaping and screening of surface parking - Combination of private and public landscaping - Low impact infrastructure for storm water and water quality such as bio swales, rain gardens, pervious pavers, etc. • Signage: Unified wayfinding program with a palette of monument and building signs Images showing desirable development character within the Campus Commercial Land Use /Character areas C. Estate Neighborhood The Estate Neighborhood Land Use /Character area designation is intended to address residential development patterns within the RA (Residential Agriculture) zoned property within South Schertz. A significant amount of the RA zoned properties within South Schertz are already developed with subdivisions with min. % acre lots. Some of these existing neighborhoods areas have a unique and desirable development quality with large wooded lots and streets. The goal within this Land Use /Character area is to incentivize an alternative development outcome with more flexibility in lot size while requiring quality open space and neighborhood design. • Base Zoning and Land Use: RA (1/2 acre min lot size) with single - family residential uses only FINAL DRAFT April 4, 2013 67 Alternative Development option: Estate Neighborhood to encourage cluster neighborhood with the same overall gross density with more open space and neighborhood design standards due to potential for lower infrastructure (streets and utilities) costs and greater preservation of open space associated with clustered development. The following are some recommended elements within this alternative incentive zoning district: — Minimum assembled acreage to apply for alternative Estate Neighborhood Zoning — Maintain gross density of 2 DU /Ac — Range of single - family detached residential uses (lot sizes vary; no minimum lot size) — Minimum 50% open space (public or private) requirement (with design and location criteria for open space -- to be located along rural frontage roads and along creeks /drainage ways or with agricultural /conservation easements) — Design criteria for neighborhood streets and residential buildings based on the specific context of the neighborhood Images showing desirable development character within the Estate Neighborhood Land Use /Character areas D. Highway Commercial This land use /character area designation is intended for regional scale retail and commercial uses that can take advantage of the highway frontage. This land use /character area is located at major highway intersections to maximize access to the region and adjoining neighborhoods. Some of the character - defining elements recommended are: • Land Use Mix: Mostly large format retail with restaurants and entertainment uses or mid -rise office buildings; may include lodging and related uses. • Building Scale: generally low rise with some taller office buildings. FINAL DRAFT April 4, 2013 68 Design Elements: • Building Articulation: - Focus on minimizing the impact of a 'big box' look by articulating the building mass horizontally and vertically - Horizontal and vertical articulation to break up the building mass • Building Materials: - Allow a range of building materials; primarily masonry (brick, stone, stucco, synthetic stone) for retail /restaurant and masonry, glass, and more flexible materials for office buildings (including, but not limited to masonry, curtain glass, glass block, concrete panels, concrete blocks, architectural metal, tile, etc.). Soften highway frontage with landscaping Signage: Larger highway facing monument signs; smaller building signs along other streets; limit new billboard signs Images showing desirable development character within the Highway Commercial Land Use /Character areas E. Mixed Use Neighborhood Center This land use /character area designation is intended to accommodate a higher intensity, walkable, mixed use neighborhood center at the intersection of FM 1518 and Lower Seguin Road. Such a mixed use node would anchor adjoining residential neighborhoods in addition to providing much needed neighborhood commercial services. Some of the character - defining elements recommended are: • Land Use: Mix of retail, restaurant, office, civic, and multi - family residential uses • Generally low to medium scale buildings • Create a PD type mixed use zoning district with the following elements: o Require a phased conceptual plan framework over multiple properties (minimum of 10 acres) based on a market - driven assessment FINAL DRAFT April 4, 2013 69 • Establish a set of key performance criteria for the core Mixed Use area and transitions including integration with residential neighborhoods and regional roadways. • Minimum performance standards for key elements to ensure walkable mixed use including: - Building Articulation: Building base is articulated at a pedestrian rhythm /scale (20' to 30' bay /demarcation width). Ground floors designed with a high quality pedestrian realm with active uses at key locations - Building Materials: • Higher standards for building materials apply only to pedestrian- oriented streets • Materials to be masonry or comparable high quality materials of primary facades of buildings - Building Orientation: • Buildings built to the edge of the sidewalk establishing a strong street wall along internal streets with any parking lots screened along FM 1518 and Lower Seguin Road • Ground floors of buildings along internal streets to be of higher quality design - Civic spaces: plazas, paseos, and squares - Landscaping: mostly in the public realm (street trees) and in civic spaces; buffering of surface parking along FM 1518 and Lower Seguin Road. - Signage: establish a palette of more pedestrian- oriented signs o Street and Block Standards: — Urban block standards — generally block face dimensions not to exceed 400' (see table on page 50 based on the ITE Manual for Context Sensitive Urban Thoroughfares) — Street network should be based on the required and recommended streets on the framework plan and city's Thoroughfare Plan Images showing desirable development character within the Mixed Use Land Use /Character areas FINAL DRAFT April 4, 2013 70 F. Neighborhood This land use /character area designation is intended to accommodate the development of walkable neighborhoods within South Schertz in the vicinity of the intersection of FM 1518 and Lower Seguin Road. In addition to good roadway access, this location also has the school and civic amenities and makes a potential mixed use neighborhood center more feasible at the intersection of 1518 and Lower Seguin Road. Integrating a range of usable open space types that also double as the regional drainage network with trails and passive greenways, these neighborhoods would provide a range of quality housing types from townhomes, live -work units, patio homes, cottages, to large -lot single - family residential. Some of the character - defining elements recommended are: • Mix of various residential and live -work uses and building types (single - family residential, cottages, patio homes, townhomes and live -work units) o 1— 3 Stories (max. 3 stories) • Create a PD type neighborhood zoning district with the following elements: • Require a phased conceptual plan framework over multiple properties based on a market - driven assessment with flexibility for joint submission for properties under multiple ownership. • Establish a set of key performance criteria for the core neighborhood area and transitions including integration with any mixed use area. • Minimum performance standards for key elements to ensure walkable mixed use - Building Orientation: ■ Buildings built closer to the sidewalk establishing a strong street wall along pedestrian- oriented streets - Civic /open spaces: parks, paseos, and greens - Landscaping: In both the public realm (street trees) and on private property o Street and Block Standards: — Establish a manual for the design of new streets within South Schertz neighborhoods to implement the goals of the plan. The Street Design manual would include context sensitive design standards for streets. (see table on page 50 based on the ITE Manual for Context Sensitive Urban Thoroughfares) FINAL DRAFT April 4, 2013 711 o Street network should be based on the required and recommended streets on the framework plan and city's Thoroughfare Plan Images showing desirable development character within the Neighborhood Land Use /Character areas G. Transition The Transition land use /character area designation is intended to create an appropriate land use buffer between the highway oriented uses and the Estate neighborhoods. Such a transition would accommodate smaller scale garden office developments and multi - family residential buildings. Some of the character defining elements are: • Mix of multi - family residential and garden office uses with design standards that provide a better transition between the Highway Commercial and the Estate Neighborhood • Scale: low to medium scale with lower scale required next to adjacent single - family residential • Well designed streets and public spaces (trails, linear greens, squares, greens, and passages) FINAL DRAFT April 4, 2013 721 Images showing desirable development character within the Transition Land Use /Character areas 10.2 Linkages and Thoroughfares In order to implement the framework plan, modifications to the City's Major Thoroughfare Plan must be considered. A denser network of streets should be developed in any Concept Plans within the Mixed Use Neighborhood Center and Neighborhood character areas to accommodate the denser development and promote a walkable environment. The street network in the areas that are being placed into conservation type land uses should remain rural and not be required to urbanize. Cross sections of the individual streets should be established using context sensitive solutions that consider the adjacent land uses. The cross section assemblies will consider land use, design speed, traffic counts, lane widths, on street parking, medians, and street edge (i.e. curb, sidewalk). The street design parameters table on Page 50 (based on the ITE Manual for Walkable Urban Thoroughfares) provides a palette of context sensitive streets based on balancing current and future development needs. The priority of new or expanded roadways should be in areas where they offer development momentum. The traffic counts below provide some guidance for this prioritization; but should be consider in the broader vision for development in any given location. The final alignment of roadways identified in the Framework Plan and the city's Thoroughfare Plan may be modified based on physical constraints such as steep grades, creeks, and floodplains. FINAL DRAFT April 4, 2013 731 10.3 Open Space and Greenway The recommended open space and greenway linkages are to be integrated with the overall character areas, transportation network, the city's adopted Parks and Open Space Master Plan, and future stormwater drainage network. In other words, the goal within South Schertz is to create a network of linked linear open spaces that also double as the stormwater drainage network with trails and walkways. Open Space Concept Plan developed during the design workshop for South Schertz View of desirable open space in South Schertz FINAL DRAFT April 4, 2013 74 1 P a g e cx a Q, U a C QJ cx C) L QJ s U s 0 Un M c-1 O N F-^ w Z L .a z w PART 4: Historic Downtown Schertz 10. Historic Downtown 11.1 Background Information The City of Schertz dates back to the mid -1800s when German settlers came to the area, on the banks of Cibolo Creek, and harvested wheat, oats, corn and cotton. The city's downtown area was shaped in the 1970s when the Galveston, Harrisburg and San Antonio railroad was built. Main Street and the downtown area developed around the bustling railroad that transported goods and passengers to and from San Antonio and the surrounding area. Generally, the study area is split by the railroad and FM 78 into two distinct areas. The immediate vicinity of Main Street from Schertz Parkway to Cibolo Creek north of the Railroad line being the first area and the area south of the Railroad line along FM 78 between FM 3009 and Cibolo Creek being the second area. 11.2 Previous Planning Efforts In 2009 - 10, the City had started the first phase of developing a comprehensive plan for Downtown Schertz with preliminary analysis and recommendations for moving forward. This initiative is an effort to crystallize the prior analysis and planning into distinct preliminary implementation steps to help get the city started on creating some activity and interest along Main Street and set the framework for more long -term solutions. The prior planning effort by TBG Partners from Austin, Texas provides a comprehensive assessment of existing conditions in Downtown Schertz. The following is a summary of that assessment (see the map on page 75 for a summary of the Preliminary Assessment): • Need to preserve the authentic, historic architecture on Main Street while infilling some of the vacant lots within a consistent context • Current width of Main Street and its designation as a truck route makes the street unfriendly to pedestrians • 100 -year flood plain constraints for a significant portion of Downtown Schertz make redevelopment and new development challenging • The railroad line along FM 78 is a significant barrier to connecting Downtown Schertz to the region; and • The existing development along FM 78 lacks identity, coherence, is auto - oriented, and unfriendly to pedestrians FINAL DRAFT April 4, 2013 76 1 P a g e r M ti O N V 11.3 Existing Conditions A. Existing Land Uses Land uses along Main Street are a mix of retail, office, and some restaurants within different building types including historic, single - family, and suburban building types. Some of the retail uses to the eastern end of Main Street are more auto - service uses within metal buildings that bring a lot of traffic to Main Street. A significant portion of the Main Street frontage is comprised of single - family residential buildings that are very rarely adapted to commercial uses due to the challenges of commercial building codes and floodplain regulations. North of Main Street is Exchange Avenue and a fairly stable, older neighborhood consisting of modestly sized, one - story, single - family residential buildings. Some of the commercial properties that front on Main Street also back up to Exchange Avenue with limited buffering or screening of service and parking functions. Land uses along FM 78 are mainly a mix of convenience, auto - oriented commercial in varying conditions of maintenance and age. The frontage along FM 78 is unattractive with a hodge -podge of signage, limited landscaping, and no organized curb cuts. Some of these commercial uses back up to residential uses immediately to the south with limited buffers between the more auto - oriented uses and the single - family residential uses. B. Existing Zoning: The current zoning along Main Street and the FM 78 corridors is a mix of General Business (GB) and Residential (R -2) (see map on page 77). The GB (General Business) is "intended to provide suitable areas for the development of non - residential uses which offer a wide variety of retail and service establishments that are generally oriented toward serving the overall needs of the entire community. These businesses are usually located on appropriately designed and attractively landscaped sites and along principal transportation corridors," per the City of Schertz Unified Development Code. The GB district permits a minimum lot size of 100' (width) by 100' (depth). The setbacks are as follows: 25' front, 0' side and rear to a non - residential zone and 25' side and rear adjacent to a residential zone. The maximum height is 120' with a maximum impervious cover of 80 %. This zone is not unique to Downtown Schertz and is a zoning district that is applied throughout Schertz. As a result, any redevelopment or new development based on the GB zoning will be more use - based, auto - oriented and suburban as compared to the desired vision for a more walkable, mixed use district. FINAL DRAFT April 4, 2013 78 1 Page fi4 yx 11.4 Opportunities and Constraints In developing a feasible and implementable plan for Downtown Schertz, it is important to evaluate the critical opportunities and constraints. This will help the city in prioritizing short term improvements while positioning the area for long -term redevelopment A. Opportunities Downtown Schertz has several opportunities that can be taken advantage of including: • Increased desire for the community at large and downtown business owners to have a community gathering place within downtown to become a catalyst for downtown redevelopment • Available bond funding for improvements to Main Street • Visibility from FM 78 which carries a significant amount of regional traffic that could be diverted into Downtown if the gateways into the area were made more attractive and welcoming • Existing stable neighborhood adjoining Main Street • Availability of existing single - family residential buildings and other building stock along Main Street that could be adaptively reused for commercial purposes with strategic and focused improvements B. Constraints Downtown Schertz also has several significant constraints that need to be addressed in order to be able to attain its maximum potential: • Most of Downtown /Main Street is in the 100 -year flood plain and Cibolo Creek and undersized existing railroad drainage structures cause severe flooding • New development or significant redevelopment is only possible at significantly higher cost of compliance with FEMA regulations • Focus on adaptive reuse of existing building stock in the short run FINAL DRAFT April 4, 2013 80 1 P a g e 11.5 Existing Transportation Network The portion of Main Street from 1St Street west to FM 1518 is a designated truck route and under the purview of TxDOT. The turning movements from FM 78 on to 1St and then on to Main Street /FM 1518 is a serious barrier to a more pedestrian friendly Main Street. In addition connectivity across the railroad line from FM 78 is also severely restricted due to the limited number of rail road crossings located at 1St, Randolph, and Schertz Parkway. FM 78 is a 5 -lane undivided roadway with 2 lanes in each direction and a center turn lane and is also under the purview of TxDOT. 11. Historic Downtown Schertz Design Workshop 12.1 Workshop Process A design workshop was held on June 25 and 26, 2012 to: • Review and validate /refine prior work (major assumptions and vision /goals) on the Downtown Plan • Cross section and design options for FM 78 (including framing the issues with TxDOT) • Validation /refinement of the other street design and streetscape /public space design options in the Downtown Plan The design workshop began with a tour of downtown and meeting with key downtown stakeholders on the 25th. The design team then developed a series of development and design concepts based on the preliminary assessment and stakeholder input. These concepts were presented at a public open house at the end of the workshop on the 26th to solicit feedback. Historic 500 block of Main Street View of Main Street looking east Some key guiding principles were established to help the design team undertake this effort: • Leveraging Schertz's history and heritage • Create a destination with local, independent businesses FINAL DRAFT April 4, 2013 81 • Encourage the use of existing buildings to the extent possible • Creating a unique and unified identity through Gateways and streetscape elements • Creating a framework activated civic spaces anchoring existing successful and new businesses 12.2 Design Concepts The focus of the design workshop was to develop concepts for public /civic spaces and streetscape enhancements for Main Street. One of the important recommendations was to focus the public improvements on Main Street by enhancing the pedestrian environment (see page 81 for design concepts). The main design recommendations were for gateways into Main Street to improve visibility from FM 78 (see page 82 for design concepts). In additions there were recommendations for specific civic space improvements to enhance Main Street as a destination for special events and festivals (see page 83 for design concepts). The following is a summary of public feedback comments received during the Open House: • Like the emphasis on preserving Schertz's history and small town authentic feel along Main Street and encouraging citizens to learn about it • In favor of the outdoor civic activities proposed (farmers market, outdoor bazaars, etc.) and need to connect these to walking and biking trails in the community. • Extend Schertz Parkway concept through Main Street to Pickerel Park • Need to improve aesthetics along the rail road ROW (mow grass and cut weeds) and code enforcement for buildings along FM 78 • Improve linkages to adjoining Old Town neighborhood and Schertz Parkway • Evaluate the feasibility of developing a park on vacant land between Cibolo Creek and FM 1518 north of the Rail bridge with a rail road theme in conjunction with UP • Partner with SCUC -ISD to develop a "Buffalo" identity • Ensure zoning allows food trucks, etc. • Improve the section of Lindbergh between Main and Exchange with on- street parking and redevelopment of old post office site and Masonic Lodge building Several of the above recommendations have been incorporated into various recommendations in this Sector Plan and should be considered as the city programs future Capital Improvements and works with different stakeholders including property owners, business owners, and other governmental partners. FINAL DRAFT April 4, 2013 821 4V-1-7 blob k H' fly, y� ✓ 5 r' ko� e s ¢¢ d. 4' d ' E f't ':� •t n <� {4 o'i 12. Historic Downtown Zoning Recommendations In order to implement the short term civic /open space design and adaptive reuse of existing buildings for small scale, local, independent businesses, the following recommendations are made to amend the current zoning regulations: • Establish historically referenced guidelines for facade improvements • Evaluate and modify building and site development standards (setbacks, heights, etc.) to allow facade and frontage improvements in keeping with the vision for Main Street • Evaluate non - conforming standards and amend them to the extent possible to allow property owners to modify existing buildings without triggering compliance with all regulations (including FEMA) • Evaluate /revise use standards to make it easy to develop temporary uses and supporting civic spaces uses such as food trucks, farmers market, beer garden, temporary outdoor sales, etc. • Revise off - street parking standards to fit the context and needs of Main Street • Small lots make it challenging to meet suburban parking standards; • Provide more effective use of existing excess capacity on some lots; • Encourage the use of on- street parking; and • Create a 'park once' environment FINAL DRAFT April 4, 2013 86 1 P a g e PART 5: IMPLEMENTATION Based on the North and South Schertz Framework Plan, assessment of the market opportunities and the infrastructure needs, several implementation recommendations are made in this report. Implementation of the recommendations for North Schertz, South Schertz, and Downtown include a series of steps that could include: • Adopting the North and South Schertz framework plans as amendments to the city's land use map • Amending the city's Master Thoroughfare Map to incorporate the changes recommended within this document for the ultimate street network needed to implement the vision for South and North Schertz • Amending the city's UDC to create the needed new zoning districts and regulations to implement the land use /character area designations • Adopting the recommended infrastructure phasing and probable costs into the city's Capital Improvements program for prioritization based on development (public and private) goals • Potentially creating a value capture tool such as a special district and other management structures in order to invest in and manage the infrastructure needed to implement the vision, especially the transit - oriented development in North Schertz and Mixed Use Neighborhood Center in South Schertz. • Consider the creation of related economic development /incentive policies prioritizing public participation in infrastructure for projects that implement the desired outcomes in this Sector Plan such as Conservation Subdivisions, Mixed Use Neighborhood Development, transit - oriented development, etc. 13. Regulatory Strategy and Zoning Recommendations The City should consider adoption of the proposed zoning modifications to the UDC based on the North and South Schertz Framework Plans delineated above. A strong vision developed by the Community and developed in detail herein cannot be realized without an alignment with the regulatory tools in the UDC. This alignment will provide a market momentum for quality development, provide the market predictability and give staff a rational method for sustained implementation. The specific recommendations to implement each character area within North and South Schertz are included in the Framework Plan section for each sector plan area and Appendix 4. A Summary Table of the proposed regulatory strategy for both North and South Schertz is included in this section. 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U L O a' U E � Q O a " a, U C C c: aj aj ca O C i n c w O aJ n; ca n U C ca _0 C O ca C O O } i aj aj - E O J-+ �....... _0 C ^ L v QC OU Jam-.+ 'A O Jam-.+ C C M0 N o aj — L o -0 J aJ E N J 9? -0 C aj : v E U 0 O CL U N C N aj a T J Y n3 U i m E .- o 3 N aj © v O Q-Q V � _0-0 aj O C aj aj o -0 Q O CL E ru b.0 E aj C C C ru C N O " aj aj CU fa `j a-+ .� f6 E +� -0 E O +j = a O a aj 0 0 U W N U U M-0 • L 9? r 47 V G � Q R3 N � CL 4 to �•. W i Q m ; J O M c-1 O N d' F-^ w L .a z w 14. Management Framework A citywide approach to manage development in Schertz should be employed. A burgeoning populace with proximity to San Antonio and the IH -35 corridor will continue to promote significant growth over the next few decades for the entire City. While it is divided by major highway systems, the three geographic areas of Schertz (i.e., North, Central and South Schertz) should be linked through a policy focus that utilizes the assets of location and available land in the City rather than isolated ad -hoc decisions based on reaction and localized infrastructure challenges. The purpose for the overall growth framework is to manage the impending growth for the City as a whole without creating regional isolation of the three distinct areas through physical, fiscal and policy standpoints. As the City continues to grow, and subsequently so does staff, the sub - regional approach can be implemented from a logistical standpoint to assist in the management of the growth of the area. It is in this context that the respective growth frameworks have been developed and presented in this comprehensive land use strategy. Ultimately, this plan provides a mechanism for the integration of several distinct areas of responsibility for the City: planning, permitting, capital improvements and economic development. The relationship and leveraging of those areas will be critical to the success of continuing to attract high quality development in all three distinct areas of Schertz as the anticipated growth continues. 15. Infrastructure & Utility Implementation This plan identifies and prioritizes key infrastructure that is need to implement the ultimate vision for North and South Schertz keeping in mind that these infrastructure needs are to be evaluated periodically based on proposed development projects and changes in the market. The infrastructure plans and priorities are based on an understanding of the local market and needs of projects currently underway and the city's desire to responsibly manage long term growth. The following summarizes the infrastructure planning phasing and implementation strategy for North Schertz and South Schertz. 15.1 North Schertz Infrastructure Plan and Phasing A. Drainage The storm water strategy of North Schertz should be towards a regional system. The existing natural drainage channel should be kept in a natural state and should feed into detention basins at their confluence with the tributary of Dry Comal Creek. The capacity and condition of the existing channels should be evaluated before allowing the undetained runoff in to the channels. Such a natural drainage channel could also become the main open space network for North Schertz. FINAL DRAFT April 4, 2013 911 P a g e This strategy would result in removing the obligations for private development to construct on -site detention basins and the natural waterways would provide the added benefit of open space greenways. One way for the City to implement this approach is to create an internal program to collect drainage impact fees and then allocate the fees into regional systems. The City should conduct a more detailed study to determine locations, phasing, and costs of these regional systems. The study would then determine the impact fee. A condition of allowing future developments to participate in this possible program would be for each development to conduct an adverse impact analysis to ensure that the receiving channels can accept the undetained flows. An approximate estimate of acreage needed for regional drainage (344 acre -ft) is included in the table on Page 93. North Schertz Flood Zone Map FINAL DRAFT April 4, 2013 921 North Schertz Ultimate Entitlement Character Zone v Vl b p � > o b V Q E m > o b Y Q E 0 � a V p Nm a o ¢ N Ag Conservation 5% 55 18 Air Installation Compatible 85% - - Air Installation Impact Zone 076 - - Campus Commercial 85% 736 130 Cwk(Schools 85% 17 - Estate Neighborhood 25% - - Floodplain/Open Space 0% - - H"WwvayCommercial 85%1 388 68 Leit Industrial -/2%1 469 - Mixed Use Core 5% 85% 24 4 Neighborhood (North Schertz) Mixed Use Neighborhood 75% 84 75% 63 13 Urban Residerdial 2096 113 65%1 73 17 SF Neighborhood 611G 338 I M%J 128 34 Transition Totals 4,195 4776 1,954 344 North Schertz Detention Capacity Needed B. Sanitary Sewer Using the City's current standards for determining sewer flows (245 gal /day per Equivalent Development Unit (EDU), peaking factor of 3, and 300 gallons /day /acre for Infiltration and Inflow [i /i]), the ultimate build out for the framework plan is anticipated to result in 6.9 million gallons per day (see table on Page 96). This value exceeds the design flows used in the Town Creek Project, therefore the infrastructure currently being designed and constructed may need to be increased before ultimate development occurs. Additional gravity mains will have to be extended throughout the area especially south of FM 2252. The City should consider a policy to require existing developments that utilize OSSF to connect into new sewer collection systems that may be extended through their properties. C. Domestic Water Using a standard of 313 gals per day per EDU and a peaking factor of 2, the ultimate build out plan will result in a water demand of over 4.8 million gals per day (see table on Page 95). The current City of Schertz water supply system seems to be adequate for this demand and cover the entire area. The distribution system will follow the proposed street network and will FINAL DRAFT April 4, 2013 931 consist of 8 ", 12 ", and 16" mains to maintain a minimum of 35 pounds per square inch (psi) in peak hourly demands. There will be a need for a booster pump to serve the higher elevations located west of the intersection of IH -35 and Old Wiederstein Rd to maintain 35 psi. FINAL DRAFT April 4, 2013 94 QJ CU CU z U a a U i o.i a L QJ s U Ll s i O N M c-1 O E-� w L .a z w (uad9) Mold N g am; I 1 9 a64eM AIJep v9eavAV A 0� A m ci (pda) Mold aa4eM AIlea deed rd N r l 4eM AIjeC o9eaen a y rl N' iaoe ssoa9/s3nl N N r CO ti Q5 r4 N 0 0 0 �d 00 +- 43nile;ol n m age ;ood IeJa4snpul Evaenbs C W $ g $ g F osewod vaenbs o3wo �M4 09e400d aaenbS uexaa MNM N = M N N M t e S4lun uv sv l� pJ a dW C 2 r4 r4 M s4Jun leguepJSea dS vs N N (svaoe) myssoa� a RL E _ C Eo � E � QEo LL E 2 ++ a :E Q ti QJ CU CU z U a a U i o.i a L QJ s U Ll s i O N M c-1 O E-� w L .a z w QJ QJ QJ z U a U i o.l o.l N i o.l s U s i f M c-1 O N d' E- w z w (Wd9) mojd James N aag4eam 36M AIle0 Neid r e (pd9) Mold aaMiS aag4eam 36M AIle0 Neid LM (pd9) Mol}ul /uol3ea4lljul Ll (KS'Z) (pds) Mold .lames AUIcCNeid (pde) mold MIL LM $ `D ,� n ' $ n James AIIcQ a9e.laAV C E s3mla3ol nl �i �y o� rmn M C aaenbS lela;snpul 6 E L CD aftood ajenbs ao14}p Z a9e400d aaenbS 1e4" M N N N 1 M s31un leAuaplsaa dW �+ $ �l s41un Iel3uaplS" dS �' N i N Ln (sajoe) ea.ljj sSoJ 14 a_ L _ r+ NO p7 9 � 4E E�� D E,� z x ° x z H a E���� QJ QJ QJ z U a U i o.l o.l N i o.l s U s i f M c-1 O N d' E- w z w A. North Schertz Infrastructure Phasing North Schertz will have four focus areas, depicted in the map on page 100. The first (N1) will be around the northwest corner of IH35 and FM 3009 to take advantage of the development momentum and existing infrastructure around Wal -Mart. The second (N2) will be on both sides of IH 35 between FM 3009 and FM 2252 to take advantage of the high traffic counts of IH 35 and existing infrastructure. The third (N3) will be west of IH 35 and north of FM 2252 to take advantage of possible investment by the Comal ISD on a high school and the existing infrastructure investment The fourth area (N4) will be on the west side of IH 35 between Schwab Rd and Friesenhahn Rd to take advantage of the development momentum of the Sysco warehouse and existing infrastructure. In the tables below, the focus areas are shown and broken down by 10 year time frames over the next 30 years. Each focus area will need varying levels of the City's involvement to initiate, support, and /or encourage development. The City's participation in street improvements to directly support new development should be limited to rough proportionality with the developers unless otherwise noted. The City's participation in regional drainage detention facilities should be full participation and be funded through impact fees from new developments. The City's funding of sanitary sewer and domestic water facilities should be limited to oversizing requirements, however there will be instances where the City should consider a full investment in extensions to initiate development and recover the costs at a later date. This method would prove to be a cost savings over time, as prices will rise and multiple episodes of construction cost more to implement. Area N1 The street network should be constructed as needed with the City participating in construction costs determined through rough proportionality. The existing natural drainage channel flowing north toward the rail road lines should be preserved in its natural state. The City should construct a regional detention pond located where that natural channel crosses the rail road. The City should continue investment into sanitary sewer by extending the Town Creek project along the rail road and up to IH 35. The City should only participate in construction costs to extend water mains with each of the new streets if there is an oversizing need. FINAL DRAFT April 4, 2013 97 1 P a g e Area N2 The street network should be constructed as needed with the City participating in construction costs determined through rough proportionality. The existing natural drainage channel flowing north toward the rail road lines should be preserved in its natural state. The City should construct a regional detention pond located where that natural channel crosses the rail road. The City should construct a second detention pond located north of the CR 382 on the east side of IH 35. The City should continue investment into sanitary sewer by extending the Town Creek project along the rail road and up towards IH 35. The City should only participate in construction costs to extend water mains with each of the new streets if there is an oversizing need. Area N3 The street network should be constructed as needed with the City participating in construction costs determined through rough proportionality. The City should participate in the construction of secondary access roadways to Hubertus Rd from the Comal ISD property. The City should construct a regional detention pond located where that natural channel crosses FM 482. There is no need for the City to participate in any sanitary sewer construction. The City should only participate in construction costs to extend water mains with each of the new streets if there is an oversizing need. FINAL DRAFT April 4, 2013 98 Area N4 The street network should be constructed as needed with the City participating in construction costs determined through rough proportionality. The City should improve Friesenhahn Rd from IH 35 to FM 482. The City should construct a regional detention pond located where that natural channel crosses the railroad. There is no need for the City to participate in any sanitary sewer construction. The City should only participate in construction costs to extend water mains with each of the new streets if there is an oversizing need. FINAL DRAFT April 4, 2013 99 I 6 kl' - frl�; Ir I At 11, qil i ro A, �N mm m V; m �A; APPS � ilflll� ov r X-4 16.2 South Schertz Infrastructure Plan A. Drainage The storm water strategy of South Schertz should be towards a regional system. The regional system should consist of maintaining the existing natural channels in their natural state, providing alignments for new channels in the flat lands between FM 1518 and the Cibolo Creek, and detention basins. This strategy would result in removing the obligations for private development to construct on -site detention basins and the natural waterways would provide the added benefit of open space greenways. One way for the City to implement this approach is to create an internal program to collect drainage impact fees and then allocate the fees into regional systems. The City should conduct a more detailed study to determine locations, phasing, and costs of these regional systems. The study would then determine the impact fee. An approximate estimate of acreage needed for regional drainage (891 acre - -ft) is included in the table on Page 102. South Sector Flood Zone Map FINAL DRAFT April 4, 2013 101 1 P a g e South Schertz Clitimate Entitlement N L i � L3 O O 0 O O E O L L 0 � � Character Zone N 0 # � Q E � Q E � m m C $ . Ag Conservation 5% 172 241 Air Installation Compatible 85% 269 47 Air Installation Impact Zone 0% - - Campus Commercial 85% 201 36 Civic/Schools 85% - - Estate Neighborhood 25% 861 344 Floodplain /Open Space 0% - - Highway Commercial 85% 136 24 Light Industrial 72% - - Mixed Use im 157 75% 118 24 Neighborhood Center Neighborhood 9M 1,411 38% 536 141 Transition 85% 190 34 Totals 11,713 21% 2,483 891 South Schertz Detention Capacity Needed B. Sanitary Sewer Using the City's current standards for determining sewer flows (245 gal /day per Equivalent Development Unit (EDU), peaking factor of 3, and 300 gallons /day /acre for infiltration and inflow [i /i]), the ultimate build out for the framework plan is anticipated to result in 17.3 million gallons per day (see table on Page 102). Approximately 6 million of that is in the San Antonio River Authority (SARA) Certificates of Convenience and Necessity (CCN). Another 1.5 million is demand from the Agricultural Conservation land use where odds are those developments will utilize onsite sanitary sewer facility (OSSF) rather than connect into a centralized treatment system. Therefore the anticipated ultimate build out that requires treatment from the City would be approximately 9.8 million gallons per day. FINAL DRAFT April 4, 2013 102 :: ;. It is recommended that the future treatment plant be placed in the Woman Hollering sewershed where the bulk of the sewer demand can be served through gravity systems. C. Domestic Water Using a standard of 313 gals per day per EDU and a peaking factor of 2, the ultimate build out plan will result in a water demand of over 11.7 million gals per day (see table on 103). The currently planned City of Schertz water supply system seems to be adequate for this demand and cover the entire area. The distribution system will follow the proposed street network and will consist of 8 ", 12 ", 16 ", 20 ", 24 ", and 30" mains to maintain a minimum of 35 psi in peak hourly demands. FINAL DRAFT April 4, 2013 103 :: ;. v v z U a a U i v 3 v o., s U Un s 0 Un 0 M c-1 O N w .a z M (wdE) n n 000, '� a �, °N° N r`°• mold James Jay}Bajyj M N r N N 19M All Ba )l Bad ( pdg) c�g mold James Jay}BaM m N m 19M All Ba )l Bad c Q I p d8 ) mopl/uol}eJ}lI}ul r r O r-i M -4- ^ n O o c .0 r: ^' r: N rl � eM (pd9) mold James All SM Bad (pd8) mold J amas Al I Bp 98 BJ any Es3nllazvl E c 'y m aEB }vod aJenbs Iepisnpul oo E aBB ;vad aJBnbs aoI}}p n N n L n agelood aJenbs IIe}aa o c shun IBI3uaplsaa dW g rl N NNM r-1 shun IBlluaplsaa d5 �5aJ�B) BBJy ssoJE) ri r C O N s+ E N c7 C p O o C E C� 2U E III L LQ C i O E E f9 '� c N `� t9 i9 V S C V V, 9i L L C v c c E c as 'u'' =_= 2z z v v z U a a U i v 3 v o., s U Un s 0 Un 0 M c-1 O N w .a z M CU CU CU z U a a U L QJ U LI QJ 0 Q N L QJ s U LI s 0 LI �n 0 M c-1 O N Qi E- w .a z w (wdl) Mold � � , N , � , I I , 9 � R , 'E" , 9 ae18M A118(3 99eaaAV N ry `n Mold MeM All e(3 plead m � uy uti r- [pdE] Mold rn n a N aajeM AlleQ aleaany Oi r-I rJ nl c� � C^o rJ ry ry uy aaae ssoaE /s3nl N c� Oi N O N op � Ci LM :• -e O z N M ID r- � � s3nlle�ol N N N �; c n � c BsBlOOd E aaenbs leinsnpul coo coo it c W p 8 8 o� 8 00 C o 8 00 p 9 Ea8elood eaenbs aal.40 n O c d O a8elood aaenbs Ilelaa a c� u3 c Jx N r shun dW 9 mivaplsaa r r PI N shun ielivaplsed ds ��ppp d ce (seaos) easy ssoa0 00ft, E TL d O •V C L V'1 C y C C M C Me E g 0 �� E �p yzy y c N c L Z G7 a N V 11G N - Mr w CU CU CU z U a a U L QJ U LI QJ 0 Q N L QJ s U LI s 0 LI �n 0 M c-1 O N Qi E- w .a z w D. South Schertz Infrastructure Phasing South Schertz will have three focus areas, depicted in the map on Page 107. The first (S1) will radiate out from the intersection of FM 1518 and Lower Seguin to take advantage of the existing but recent single - family residential and school development. The second area (S2) will radiate from the intersection of Graytown Rd and Scenic Lake Dr to take advantage of development momentum. That momentum consists of the development of Laura Heights and the sanitary sewer mains and lift station being constructed by a consortium of property owners for SARA. The third (S3) will radiate from the intersection of FM 1518 and IH 10 to take advantage of the visibility. In the tables below the focus areas are shown and broken down by 10 year time frames over the next 30 years. Each focus area will need varying levels of the City's involvement to initiate, support, and /or encourage development. The City's participation in street improvements to directly support new development should be limited to rough proportionality with the developers unless otherwise noted. The City's participation in regional drainage detention facilities should be full participation and be funded through impact fees from new developments. The City's funding of sanitary sewer and domestic water facilities should be limited to oversizing requirements, however there will be instances where the City should consider a full investment in extensions to initiate development and recover the costs at a later date. Area S1 The City is already participating in the Crossvine development (formally Sedona) with the establishment of a TIRZ and therefore no additional investment should be made within the TIRZ boundary. The remainder of the street network should be constructed as needed with the City participating in construction costs determined through rough proportionality. The City should improve portions of Lower Seguin and participate with TxDOT for improvements to FM 1518 (Schaefer to Ware - Seguin). The City should ensure that a drainage way is provided in the area east of FM 1518. A detention pond should be constructed where that drainage way crosses Lower Seguin. There is no need for the City to participate in any sanitary sewer construction. The City should only participate in construction costs to extend water mains with each of the new streets if there is an oversizing need. FINAL DRAFT April 4, 2013 106 1 P a g e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... 8,140,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... ....... ......... $ 196,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... ......... $ $ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... 902,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... ................. $ 9,245,000 $ 5,830,000 $ 66,000 $ $ 646,000 $ 6,547,000 $ 35,750,000 $ 159,000 $ $ 3,484,000 $ 39,422,000 $ 49,720,000 $ 421,000 $ $ 5,032,000 $ 55,214,000 Area S2 A TIRZ is possible in this area and would determine how the City could participate in future infrastructure investments. The street network should be constructed as needed with the City participating in construction costs determined through rough proportionality. The City should focus on improvements to Graytown Rd from IH 10 to Scenic Lake Dr because this is the primary access and the expected increase in traffic will probably exceed the existing substandard cross section. The City should construct a regional detention pond(s) located where the Salitrillo Creek crosses under IH 10. There is no need for the City to participate in any sanitary sewer construction because their CCN does not cover this area. The City should only participate in construction costs to extend water mains with each of the new streets if there is an oversizing need. ....... $ ... .......... 4,620,000 $ 84,000 $ $ 476,000 $ 5,184,000 $ 5,030,000 $ 166,000 $ $ 524,000 $ 5,724,000 $ 14,850,000 $ 152,000 $ $ 1,645,000 $ 16,661,000 $ 24,500,000 $ 402,000 $ $ 2,645,000 $ 27,569,000 Area S3 The street network should be constructed as needed with the City participating in construction costs determined through rough proportionality. The City should improve a portion of FM 1518 with TxDOT. The City should construct a regional detention pond located where that natural channel crosses the railroad. The City should invest and construct sanitary sewer mains into the area and either provide a treatment facility or transfer station to encourage development. The City should only participate in construction costs to extend water mains with each of the new streets if there is an oversizing need. FINAL DRAFT April 4, 2013 107 :: ;. .................................................................................................................................................................................................................................................................................................................. $ $ 16,000 .......... $ 506,000 $ $ 528,000 $ 24,000 $ $ 24,000 $ 29,000 $ $ $ 29,000 ............................. $ 69,000 $ 506,000 $ $ 581,000 FINAL DRAFT April 4, 2013 108 >9a. l _ _ I rr �• { .I��s.�� <kr __?� S.si11� �. _ '•• ��'_ s jI++ .. � � ti �} �_,� ��,,�y•..- :.,3aa; +''^r� 4I� .i0. 'CIE I ilL r •�- ` r � ,i� :xt' � � -raj � 15.3 Further Infrastructure Implementation Studies In order to better anticipate the future infrastructure needs, the City should consider commissioning future engineering studies. • A traffic study should be performed to estimate traffic patterns, traffic growth, the adequacy of street cross sections, the construction costs, City's participation level, and potential impact fees. • A storm water management plan should be performed to identify best locations, sizing, phasing, construction costs for detention ponds, costs of any channel improvements, and possible impact fees. • The existing sanitary sewer master plans for each study area should be revisited for capacity, phasing, main alignments, oversizing requirements, treatment plant locations to reflect this framework plan, and adjustments to impact fees. • A water master plan should be prepared to identify demands, diameters of future mains, confirm planned supply systems, oversizing requirements, and adjustments to impact fees. 16. Fiscal Impact Analysis for Infrastructure Strategy Using the population and employment forecast below and potential development capture within Schertz, an educated assessment can be made of long -term tax revenue forecasts for net new development (excluding appreciation of existing developed sites). The following section highlights key variables and assumptions that were used as inputs into the forecast. 17.1 Population and Employment Forecast Schertz is part of the larger IH -35 Corridor and is heavily influenced by external forces. In addition, Schertz has a city limit boundary and ETJ that touches many census tracts in Bexar, Comal, and Guadalupe Counties. As the more established portions of Schertz fully develop, future growth will be pushed to North Schertz and along the IH -10 Corridor. Complicating long -term forecasting is that Census 2010 redefined the census tract boundaries in and around Schertz. A. Forecasting Approach & Methodology As the first step in forecasting long -term population and employment growth in Schertz, information from the US Census Bureau, Texas State Data Center, Texas Water Development Board, and Alamo Area Council of Governments was collected. Second, the greater Schertz area was divided into three larger sections that corresponded to census tracts and transportation analysis zones used by the Alamo Area Council of Governments in their long range forecasting. Map on page 111 depicts the three sections, the two FINAL DRAFT April 4, 2013 110 1 P a g e subareas that are the focus of the analysis, and Schertz current city limit /ETJ boundary. Forecast Section Areas Source: Bexar, Comal, and Guadalupe Appraisal Districts Third, historic information for each section was analyzed. Due to changing boundaries and other adjustments, the sections do not perfectly match for each year listed in Table 14. However, the information depicts general regional growth trends and rates. Table 14: Population Growth by Section Source: Bexar, Comal, and Guadalupe Appraisal Districts, TXP, Inc. FINAL DRAFT April 4, 2013 111 L990 4-533 16AM 3A41 73$79 oOO 4.34 26 .242 3�11r8 33,634 2010 y n seen 47 -939 3,4M 6],971 CAGR "Mto 2" -M7% 49% Q4% 35% CAGR 700ato 7010 9-6% 6-7-% (17% 63% CAS! 1990UP 2010 4 -3% 55% 0.6% 49% Table 14: Population Growth by Section Source: Bexar, Comal, and Guadalupe Appraisal Districts, TXP, Inc. FINAL DRAFT April 4, 2013 111 Fourth, land use information for each of the sections was collected. The following maps and figure highlight the current land use category for each parcel. These areas are much larger than the smaller subsections. Table 15: Forecast Section Acreage by State Land Use Code (2010) Source: Bexar, Comal, and Guadalupe Appraisal Districts, TXP, Inc. ( "Blank" State Land Use Code refers to an undefined use) Forecast Section Area —A : Current Land Use Source: Bexar, Comal, and Guadalupe Appraisal Districts FINAL DRAFT April 4, 2013 112 Bank 669-9 9365 14-9 SkCk -FMff* REj& -Ff 011 4AGI -6 5.439 1�337-2 j Rej&M W 13-6 937 131 WKMA LatS and Traces 1,M&4 991.4 724.4 Q"W edAffkWb llLand W779 166613-9 5A311 Farm and Randy kwnnwmets 3A673 ]:3[165 52[112-0 CDnWnff":W & kKkmArW 4 .875.4 1lOO-7—O 494.4 Ulities 161 77 R GLO Rr9dwd1 rwenbry 322-4 M-6 949 TatAv Exengt Pn ei" 3617 774-3 7.4 Odwr o 0 1751 7379 TOW 36-534-3 7-7j33.7 132] 3 Table 15: Forecast Section Acreage by State Land Use Code (2010) Source: Bexar, Comal, and Guadalupe Appraisal Districts, TXP, Inc. ( "Blank" State Land Use Code refers to an undefined use) Forecast Section Area —A : Current Land Use Source: Bexar, Comal, and Guadalupe Appraisal Districts FINAL DRAFT April 4, 2013 112 Forecast Section Area — 8: Current Land Use Source: Bexar, Comal, and Guadalupe Appraisal Districts Forecast Section Area — C: Current Land Use Source: Bexar, Comal, and Guadalupe Appraisal Districts FINAL DRAFT April 4, 2013 113 Last, population and employment forecast for the City of Schertz and surrounding area were created. These scenarios incorporate information from existing publically available forecasts and adjustments made based on the framework plans and conversations with stakeholders, developers, and city staff. With any large area long -range forecast, an implicit assumption is that the public sector continues to invest in general infrastructure (ex. local roads, schools, utilities, and schools). If these basic facilities are not built, the area will likely experience less in- migration, greater out - migration, and fewer new jobs created. B. Schertz Population & Employment Forecast The future of North Schertz (Section A) will be influenced by access to IH- 35 and the potential implementation of a passenger rail stop. There is a significant amount of undeveloped land along IH -35 that should attract commercial and industrial development, expanding existing employment in the area. The population and household forecast assumes central Schertz (Section B) will continue to attract a significant amount of growth over the next 10 to 15 years. There are approximately 1,500 to 2,000 developable acres remaining in this area. Currently, there are 1,550 planned homes in this section. It is reasonable to assume that central Schertz will be fully developed over the next two decades. South Schertz (Section C) contains the largest percentage of developable land in Schertz, but has historically lagged the rest of the community in terms of growth. In 2011, there were approximately 800 homes in this area. The completion of SH 130 segments should spur some development in the area. In addition, shifting warehousing and distribution activity from the IH -35 corridor to this location should catalyze new employment opportunities. Population and employment growth will accelerate in south Schertz over the next 30 years. Currently, there are 1,000 planned homes in this section including large master planned communities. Table 16: Population Forecast for the City of Schertz (City Limit and ETI) by Section Source: TXP, Inc. FINAL DRAFT April 4, 2013 114 Table 17: Household Forecast for the City of Schertz (City Limit and ETI) by Section Source: TXP, Inc. Table 18: Employment Forecast for Schertz (City Limit, ETI, and Surrounding Area) Source: TXP, Inc. 17.2 Property Tax Revenue Forecast In general, long -term datasets were examined and incorporated when possible. The purpose of using historical data is to minimize the impact of more short -term statistics that can disproportionately influence the projections. For example, the housing sector in many national markets experienced unsustainable growth from 2000 to 2005, but has been flat or negative the past few years. Therefore, using empirical datasets that span 20 or 30 years offers a more appropriate picture of underlying regional socioeconomic forces. However, local datasets are sometimes only available for a shorter period. In this situation, the study relied on other sources of information to supplement the analysis. Another challenge of long -term forecasting is the difficulty adjusting for the boom and bust cycles that will occur over the next 30 years. A model was created that is based on a constant growth rate for each decade that evens out these spikes, but might overstate or understate growth in any given year. The starting taxable value for a new single - family unit built is $172,907 which is the weighted average price of new Schertz single - family units from 2007 to 2011. The cost of a new single - family home increased at a 4.9 percent CAGR rate between 1996 and 2011. Because of the uncertainty surrounding the national economy and a possible double dip recession, the model inflated the price of a new home by 2.5 percent for the next five years before returning to the 15 -year historical average. This equates to a short -term reduction in the inflation rate of new housing. FINAL DRAFT April 4, 2013 115 The appreciation rate for existing property (commercial and residential) is based on information from the Federal Housing Finance Agency Home Price Index. With this dataset, one can estimate the appreciation of single - family conforming homes loans for San Antonio MSA from 1991 to 2011. The 20 year CAGR is 3.6 percent. Given the weak real estate market, the model appreciates existing properties at 1.8 percent, for the next five years before returning to the 20 -year historical average. For commercial and industrial property, the model used the estimated average value of real and personal property per worker for the study area. This translates into $51,262 in taxable value per worker. Table 19: Estimated Taxable Value for New Residential & Commercial Development Activity (City Limit and ETI) by Section* Source: TXP, Inc. * Excludes appreciation of existing developed sites FINAL DRAFT April 4, 2013 116 :: ;. 2041 517.564.573 548A %484 533.499 787 S99.229}39 2042 MM5.8513 $9$419.689 SUMM5 -02 SMA042r441 2013 S5 %073,924 S75V47803 S10511841511 SMAM,239 2414 574x9%41 S206�X7J652 S143 An 747 5425.45$744 2015 S95 q45 M S264X4,783 5184jM1qM S5+43.619X97 2016 S17E4929, 499 SM 475 T# SZM ZS 457 X513,404 2017 5144 355 350 5406,687.524 S28397e -998 S633 3.773 2048 S17M7013M 5485,729382 X516.756 S995,M441 201.9 5200.077.624 5572 484.787 5400304354 SU72rWA75 2020 5230 85.471 5565.414315 5455561F91M S1, 31� 2021 5280424$496 S� X14.612 5544906 S3,582r717,813 2022 S333,211A41 WA4%675 S� 974 615 SIAM lee 73i 202# 90 yo5584 5953, R -934 S77e 59 k 7 S2 OMA74.740 2024 S451170M7 570774685.760 5ffi9554.419 S7 1$410.446 2025 X416.650.251 S1,200.48%b_15 5476355347 52.643514327 2025 SM1% 44.7M SK .5e "IXIXG 5 .7 2427 S552A47.992 57473.798.924 51, 56.674.786 533ak49k AM S M45C �M 57625.499.852 7 ag4374 574 S3.667A79J%4 2429 SHM48gr915 57788!087.002 SJ 4$ S+4A5%724.TM 2030 59244459 12 SKX2 7'90 757 57.597.6012 M S4.480514W 2031 57033347.448 S7 M 054 700 SIr774 4049 54A40 W 746 2042 S 54J1K468 5� 15�3743iR4 57963.732.207 $5.433.250864 2043 51.WM464.555 5? 409.778596 SMW.47&708 Z_%3.7Zll 203x4 $1!471 685577 52r717j39348 S) 396 346500 S65251711171119 2036 51,5 4374 S7 438 747 611 S7 671 169 177 S7.12%7611W 2035 57727348.420 53.173.76% %4 Sf K7 #xr� 3 inn 57.774J060.404 2037 S1 945 567 447 S3.424.M741 53.1435+06.9]5 58.45UM" 2038 sJe75,W85 2M 43 690 e765M ,S3. 37 7 53. A23 2039 S7 766 437_543 53.976.644.874 53.743.419.743 S4 85_957 766 2044 52,477270349 S497%MM $4„4751175 979 S MA25_W9 970 Table 19: Estimated Taxable Value for New Residential & Commercial Development Activity (City Limit and ETI) by Section* Source: TXP, Inc. * Excludes appreciation of existing developed sites FINAL DRAFT April 4, 2013 116 :: ;. Table 20: Estimated City Property Tax Revenue Value for New Residential & Commercial Development Activity (City Limit and ETI) by Section* Source: TXP, Inc. * Excludes appreciation of existing developed sites 17. Incentives Policy This section provides the overarching policy guidance to city staff and elected officials on making decisions on city incentives. The incentive policy of Schertz should be one for the entire City that incorporates the three regions as one, melding distinct areas into an overall economic development focus. More specifically, key catalytic projects should be supported in North and South Schertz in order to set the correct development pattern as envisioned in this Sector Plan report for long term quality FINAL DRAFT April 4, 2013 117 :: ;. 2011 S W;M SM0.21M 5167.457 5496.047 2012 5180.043 5492.000 5342966 51!005.009 2013 577SIIS 5755 -68 5526917 S1"O 2014 53M.224 S IA31,382 5719912 SZA24919 2015 S475MO 51,319910 $920.762 52:717952 2016 5594 -29 57.659795 5]76$061 S3.411oM 2017 5720.532 $U2$OCi2 51:416.072 54764.736 2018 5866.680 52:428,161 51,696744 S4-98C o S 2019 SIA00.1m W010M Skl) 0.M S5A6zM 2020 S] 754.701 S393-1r408 $2 .44 55"%453 2021 51:400960 S3.7913916 52:720.700 579111,976 2022 S I.55%725 S47Z4991 $3.144764 $9.094781 2023 51,960738 54915926 53.602.235 51006300 2024 52.256.400 55787751 54A96953 511!739.704 2025 S? 785 56.01.243 S4A309n 513 '14928 2026 52933.637 56.660734 557106.718 514900.689 2027 53.309.378 5775792:1 559277148 516-504707 2028 S3.M -SM $872974 56.496948 518,3 731 2029 S4741"5 5$9C W7 VX4,99 520294.562 2030 S4 fiMl 75 59.809229 57987.416 SZk3gk= 2031 56765.704 510.653730 S%XW6861 SMAW.M 2032 S%759.788 5115747:##2 59.816.697 5277.60917 2033 Sk416.M SIZIY = Ste 35 226 Ste. J49 20134 57707.006 S 3 SR M S11-92%m S llg non 20116 57945982 514 025 S13 M3.2 0 536.636.627 2036 SUM.015 S t AG 655 S14762.= $38.862,478 2037 59.475912 SIUM239 515.713991 542.309942 2035 510774261 51$466.401 S17JBDA333 545991!485 203!9 Sti 337 341 St4 074 M SELM1355 54%,922-'7M 2040 SIZIM 074 Sn,143.290 S 0771.664 55471$723 Total s11;l4747= SMAM8234 S211113)1111176.211K S558XIAH Table 20: Estimated City Property Tax Revenue Value for New Residential & Commercial Development Activity (City Limit and ETI) by Section* Source: TXP, Inc. * Excludes appreciation of existing developed sites 17. Incentives Policy This section provides the overarching policy guidance to city staff and elected officials on making decisions on city incentives. The incentive policy of Schertz should be one for the entire City that incorporates the three regions as one, melding distinct areas into an overall economic development focus. More specifically, key catalytic projects should be supported in North and South Schertz in order to set the correct development pattern as envisioned in this Sector Plan report for long term quality FINAL DRAFT April 4, 2013 117 :: ;. development in those respective locations, especially with the promise of TOD development along IH -35 relative to future rail and taking advantage of SH 130 traffic in a more competitive way along IH -10. In this context, generally, incentives (Tax increment financing districts -TIRZ, 380 agreement, tax abatements, etc) should be provided through long -term reimbursement for infrastructure investments by the private sector that implement the sector plans delineated herein and /or to complement direct city or county investments (through the CIP and other city funding programs) that advance the local development and regional infrastructure /utility goals established in this plan. The goal of city incentives including the creation of special districts should be to incentivize the types of development this Sector Plan envisions, pay for required off - site or system -wide public improvements, but not to fund minimum public infrastructure required to service individual developments. More specifically, incentives including the creation of any special districts such as a TIRZ should be based on the following outcomes established by this plan • In North Schertz, development patterns that provide for more walkable mixed use outcomes that will be ready for eventual rail transit but not dependent on it near the future station area; and more sustainable retail and multifamily development along IH -35 that transitions more effectively into the adjacent lower density rural watershed context and the future TOD areas, respectively; • In Downtown, those projects that reinforce the history of the original commercial core and building stock, while embracing the FM 78 corridor and the adjacent neighborhood; and • In South Schertz, development patterns that provide conservation design for the lower density development and walkability in the areas that will attract more density to the future Mixed Use Neighborhood Center at the intersection of FM 1518 and Lower Seguin Road. FINAL DRAFT April 4, 2013 118 :: ;. Appendices 1. North Schertz Framework Map ........................................................... ............................... A -1 2. South Schertz Framework Map ........................................................... ............................... B -1 3. Proposed Schertz UDC Updates .......................................................... ............................... C -1 4. Stakeholder Meeting Presentations ..................................................... ............................... D -1 5. Interactive Survey & Results ........... ............................... ............................E -1 FINAL DRAFT April 4, 2013 _ Appendix CL m Y O 3 m E L LL t d t V _r I CL m Y L 3 m E m L LL N d t V 3. Proposed Schertz UDC Updates FINAL DRAFT April 4, 2013 C -1 4. Stakeholder Meeting Presentations FINAL DRAFT April 4, 2013 D -1 5. Interactive Survey & Results FINAL DRAFT April 4, 2013 E -1 Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: July 16, 2013 Department: Development Services Subject: Ordinance No. 13 -S -22 — Consideration and /or action approving an Ordinance amending the Unified Development Code (UDC) associated with the North and South Schertz Sector Plan; and the Historic Downtown Schertz Plan (Gateway Plan) Final reading (B. James/M. Sanchez) BACKGROUND Early in 2011 the City of Schertz retained Gateway Planning Group, Inc. to evaluate two areas in Schertz, the emerging growth areas of North and South Schertz. The main focus of this Sector Plan initiative is to create a vision for the future of Schertz that takes advantage of its location and assets to attract its fair share of growth in the San Antonio metro area. Subsequent to the initial engagement, Gateway Planning was asked to undertake an analysis of Downtown Schertz. On June 12, 2013 the Planning and Zoning Commission recommended amending the Comprehensive Land Use Plan to incorporate the North and South Schertz Sector Plan and Historic Downtown Schertz Plan (Gateway Plan). Gateway Planning has offered the attached proposed zoning modifications to the Unified Development Code (UDC) based on the Framework Plans. On June 26, 2013 the Planning and Zoning Commission recommended amending the UDC to incorporate the proposed changes. City Council approved this on first reading at their meeting of July 9, 2013. Goal Act as a tool to implement the plan to enable the City to consider both infrastructure investments and regulatory reforms to position Schertz for the next several generations of growth. Community Benefit A strong vision developed by the community and developed in detail herein cannot be realized without an alignment with the regulatory tools in the UDC. This alignment will provide a market momentum for quality development, provide the market predictability and give staff a rational method for sustained implementation. Summary of Recommended Action Review and approve Ordinance Resolution No. 13 -S -22 amending the UDC to incorporate the changes proposed as part of the North and South Sector Plan and the Historic Downtown Schertz Plan (Gateway Plan). FISCAL IMPACT None. RECOMMENDATION Approve final reading of Ordinance No. 13 -S -22 approving an Ordinance amending the Unified Development Code (UDC) associated with the North and South Schertz Sector Plan; and the Historic Downtown Schertz Plan (Gateway Plan). ATTACHMENT Ordinance No. 13 -S -22 Draft Article 5 of the UDC Incorporating the Proposed Changes ORDINANCE NO. 13 -5 -22 AMENDING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF SCHERTZ, TEXAS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance No. 10 -5 -06, the City of Schertz, Texas (the "City ") adopted an Amended and Restated Unified Development Code on April 13, 2010, as further amended (the "Current UDC "); and WHEREAS, The City Council has approved an amendment to the City's Comprehensive Plan to incorporate the North and South Sector Plan and Historic Downtown Schertz Plan; and WHEREAS, The North and South Sector Plan and Historic Downtown Schertz Plan recommends amendments to the "Current UDC" as part of implementing the North and South Sector Plan and Historic Downtown Schertz; and WHEREAS, City Staff and the Planning and Zoning Commission have recommended certain revisions to the current UDC; and WHEREAS, all required notices have been made and all requird public hearings have been held; and WHEREAS, the City Council has been presented with the proposed amendments and finds that they are appropriate and in the best interest of the citizens of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The current UDC is hereby amended as set forth on Exhibit A hereto. The Table of Contents to the UDC to the Current UDC, as revised herein, shall be updated to reflect such changes, and this amending Ordinance shall be noted on the cover of the revised UDC. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 9th day of July, 2013. PASSED, APPROVED and ADOPTED ON SECOND READING, the 16th day of July, 2013. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) Exhibit A UDC Amendments 1. Table 21.5.2 of the Current UDC is hereby amended as follows: 2. Section 21.5.5 of the Current UDC concerning Statement of Purpose and Intent for Residential Districts is hereby amended to add the following: M. Agricultural District (AD) Intended to provide as a base zoning district in areas designated as Agricultural Conservation on the North and South Schertz Framework Plans. Residences in this District are intended to be on a minimum lot size of 217,800 square feet (five acres). Clustering of up to 2 homes may be allowed on the same lot subject to setback requirements. This District is suitable for areas where development is Symbol Table Zoning District Name PRE Predevelo ment District R -1 Single-Family Residential District R -2 Single-Family Residential District R -3 Two - Family Residential District R -4 Apartment/Multi- Family Residential District R -6 Single - Family Residential District (See Ordinance No. 10 -S -29) R -7 Single - Family Residential District (See Ordinance No. 10 -S -29) R -A Single-Family Residential/Agricultural District GH Garden Home Residential District TH Townhome District MHS Manufactured Home Subdivision District MHP Manufactured Home Park District OP Office and Professional District NS Neighborhood Services District GB General Business District GB -2 General Business District -2 M -1 Manufacturing District (Light) M -2 Manufacturing District (Heavy) GC Golf Course District PUB Public Use District PDD Planned Development District AD Agricultural District AC Agricultural Conservation District EN Estate Neighborhood PDD MU Mixed Use District HCOD Highway Commercial Design Overlay District CCOD Campus Commercial Overlay District IOD Industrial Overlay District DO Downtown Overlay Districts 2. Section 21.5.5 of the Current UDC concerning Statement of Purpose and Intent for Residential Districts is hereby amended to add the following: M. Agricultural District (AD) Intended to provide as a base zoning district in areas designated as Agricultural Conservation on the North and South Schertz Framework Plans. Residences in this District are intended to be on a minimum lot size of 217,800 square feet (five acres). Clustering of up to 2 homes may be allowed on the same lot subject to setback requirements. This District is suitable for areas where development is premature due to lack of utilities, capacity or service, and for areas that are unsuitable for development because of physical restraints or potential health or safety hazards. 3. Table 21.5.7 A Dimensional Requirements Residential Zoning Districts is hereby amended to read as follows: Table 21.5.7A DIMENSIONAL • ZONING RESIDENTIAL Minimum Lot Size Minimum Yard Miscellaneous And Dimensions Setback (Ft) Lot Requirements Minimum Area dt Depth Front Side Rear Off- Maximu Max Code Zoning District Sq. Ft. h Ft. Ft. Ft. Ft. Street m Impery Key Ft. Parking Height Ft Cover Spaces R -1 Single - Family Residential 9,600 80 120 25 10 20 2 35 50% hJ,k,I,m,o District -1 R-2 Single - Family Residential 8,400 70 120 25 10 20 2 35 50% hJ,k,I,m,o District -2 R -3 Two-Family Residential District 9,000 75 120 25 10 20 2 35 60% h,j,k,I,m,o R -4 Apartment/Multi-Family 10,000 100 100 25 10 20 2 35 75% a,bJ,k,I,m Residential District R -6 Single - Family Residential 7,200 60 120 25 10 20 2 35 50% h,k,I,m,n,o District -6 R-7 Single - Family Residential 6,600 60 110 25 10 20 2 35 50% h,k,I,m,n,o District -7 R -A Single - Family- 21,780 - - 25 25 25 2 35 50% h,k,I,m,n Residential/Agriculture GH Garden Home Residential 5,000 50 100 10 10 10 2 35 75% c,d,e,f,g,k,I, District m TH Townhome District 2,500 25 100 25 10 20 2 35 75% h,j,k,I,m MHS Manufactured Home Subdivision 6,600 60 110 25 10 20 2 35 ° 50% j,k,l,m,o District MHP Manufactured Home Park District 43,560 - - 25 12.5 25 - 35 50% j,k,I,m AD lAgricultural District 1217,8001100 1 100 1 25 1 25 25 1 2 35 30% hk,o Key: a. Add 1,800 square feet of area for each unit after the first 3 units. Maximum density shall not exceed 24 units per acre. b. 1.5 parking spaces per bedroom. C. Zero lot line Garden Homes. d. 20 -foot paved alley for ingress /egress to all rear garages. e. 5 -foot shall be designated maintenance easement. f. Corner lot shall have 10 -foot side yard setback from street right -of -way. g. 25 -foot set back to property line adjoining public street. h. Corner lot shall have minimum 15 -foot side yard setback from street right -of -way. i. Minimum lot area for each unit. Site Plan approval required. k. Swimming pools count toward the maximum impervious cover limitations, unless the swimming pool is equipped with a water overflow device appropriate for such pool, and only if it drains into any pervious surface, in which case the water surface shall be excluded. 1. No variances may be permitted to exceed the maximum impervious cover limitations m. Refer to Article 14, section 21.14.3 for additional design requirements i. All single family residential dwelling units constructed within this district shall be constructed with an enclosed garage. o. Side yard setback of 7.5 ft. for R -1, R -2, R -3, R -6, R -7, and NMS continues in effect for all subdivisions vested on he date of adoption of Ordinance No. 11 -S -15. 4. Table 21.5.8 Permitted Uses — Uses by Alphabetical Order is hereby amended to read as follows: vi m > ;ol.gsla asn ollgnd CO CO a W a CO N AneaH a - 6ulan;3e;nueW CO CO CO a a ;LIBII C') fiulan ;oe ;nueW aaa m a a a m as a a a a s aaaaa N zm z- ssaulsn81eaauaE) as CO a a aam as a a ma a aaaaaaaa J g0 U ssaulsn81eaauaE) ma CO a a aam as CO a a s aaa amaa W z aalA.las pooLpogy6laN a a a a CO a a a a CO a a CO L) 0 IeuOlssa;Oad 19 aaWO a CO a s CO c a 0. E= 2 2 a m �a Q CP r. Gt C! i7 .G Rf yy W m� U Oto d C N i O C d 0) to V? i ? b G C O R*'�yi3 C 0= O 3N W Cs C' S OY rr s U t� O L) s. d �' C L S! 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Section 21.5.9 of the Current UDC concerning Special Districts is hereby amended to add the following: C. Agricultural Conservation Planned Development District (ACPDD) Intended to provide an alternative cluster neighborhood option in areas designated as Agricultural Conservation on the North and South Schertz Framework Plans. Residences in this District may be on lots smaller than 5 acres provided the District maintains an overall gross residential density of 0.2 DU /Acre and provide a minimum of 70% of gross area of the development in open space or conservation easement (public or private ownership). The open space may remain in a natural state or be used for agricultural purposes. The AGC shall be a contiguous land area of 40 acres in size, as specified by this UDC and this Article (Sec. 21.5.12), to be planned and developed using a common master zoning plan, and containing single - family residential and/or agricultural uses and preserved open space. D. Estate Neighborhood Planned Development District (ENPDD) Intended to provide for an alternative zoning option for areas in the South Schertz Framework Plan designated as Estate Neighborhood or zoned RA. Residences in this District may be on lots smaller than 0.5 acres provided the District maintains an overall gross residential density of 2 DU /Acre and provide a minimum of 50% of gross area of the development in open space or conservation easement (public or private ownership). The open space may remain in a natural state or be used for agricultural purposes. The EN shall be a contiguous land area of at least 20 acres in size, as specified by the UDC and this Article (Sec. 21.5.13), to be planned and developed using a common master zoning plan, and containing single - family residential and/or agricultural uses and preserved open space. F. Mixed Use Planned Development District (MUPDD) Intended to implement mixed use and traditional neighborhood development goals (i.e., Mixed Use Core, Neighborhood Center, and Neighborhood designations) of the North and South Schertz Framework Plans. The MU District shall be a contiguous land area of a minimum size, as specified by this UDC and this Article (Sec. 21.5.14), to be planned and developed using a common master zoning plan, and containing a complementary mix of residential, office, retail, civic, and service uses, a network of pedestrian- oriented streets and open spaces. G. Design Overlay Districts (DO) The purpose of this section is to provide a set of Design Overlay Districts that correspond with existing zoning and establish a coherent character and encourage enduring and attractive development that implement the North and South Schertz Framework Plans and the Schertz Downtown Plan. All development within the Design Overlay Districts shall meet the Dimensional and Development standards within Sec. 21.5.15 in lieu of the standards in Sec. 21.5.7 unless specified otherwise. The four Design Overlay Districts are: Campus Commercial Overlay District, Highway Commercial Overlay District, Industrial Overlay District, and Downtown Overlay District. 6. The Current UDC is hereby amended to add Section 21.5.12 concerning Agricultural Conservation Planned Development District (ACPDD) as follows: Sec. 21.5.12 Agricultural Conservation Planned Development District (ACPDD) A. Intent and Purpose 1. The Agricultural Conservation (AC) District is intended to provide an alternative development option that supports the sustainable development goals of Schertz, protects open space and natural resources, and retains the predominantly rural character in the areas designated as Agricultural Conservation on the South and North Schertz Framework Plans. It is not the intent of Schertz to create a zone for future expansion of urban services through this ordinance. 2. The purposes of the AC District are: a. To implement the goals of the Schertz Comprehensive Plan and Framework Plans for agricultural conservation; b. To allow development that permanently preserves the open space, agricultural lands, woodlands, wetlands, critical views and other natural features of rural Schertz; C. To allow limited development in rural areas that do not contain natural resources, such as agricultural and forest lands, and significant natural areas d. To connect open space, trails, and recreation sites within the Conservation Subdivision District and to the integrated open space and recreation system of Schertz per the Framework Plan and Parks and Open Space Plan. C. To allow flexibility in the placement and type of dwelling units within the subdivision; f. To promote the use of shared septic, drinking water and low- impact stormwater systems that prevent the degradation of water quality; g. To reduce the amount of new roads and to allow flexibility in road specifications for roads serving residences in the District; and h. To reduce the amount of impervious surfaces in subdivisions, including driveways, B. Definitions. The following definitions shall apply to the terms used in this Section of the UDC only. For terms not specifically defined under this subsection, Article 16, Definitions shall apply. Active Recreation Uses: shall include playgrounds, ball fields, indoor or outdoor pool/recreation facilities, any recreational area that includes significant infrastructure or physical improvements for the purposes of active sports or organized events (such as ball fields, basket ball courts, tennis courts, golf courses, and similar facilities). Agricultural Conservation Subdivision (ACS): Any subdivision of land per the standards in this Section of the UDC. Agricultural Land: Land whose primary use is devoted to Agriculture as defined in Article 16. Conservation Easement: A conservation easement is a written agreement between a landowner and the "holder" of the conservation easement under which a landowner voluntarily restricts certain uses of the property to protect its natural, productive or cultural features. The holder of the conservation easement must be a governmental entity or a qualified conservation organization. With a conservation easement, the landowner retains legal title to the property and determines the types of land uses to continue and those to restrict. As part of the arrangement, the landowner grants the holder of the conservation easement the right to periodically assess the condition of the property to ensure that it is maintained according to the terms of the legal agreement. Designated Open Space: Open space that is designated within an ACS to be placed under a conservation easement permanently restricting future development or other similar legal mechanism. Developable Area: All land in a proposed ACS that are not defined as undevelopable due to environmental conditions or in ordinances adopted by Schertz. Gross Density: A residential density standard establishing the maximum number of dwelling units allowed to be built in an ACS based on the gross acreage of the site that includes all areas designated for streets, infrastructure, and open space. Undevelopable Area: Those lands in a proposed ACS that are restricted from development due to environmental conditions such as steep slopes, the presence of wetlands or waterways, or are restricted from development under ordinances adopted by Schertz . C. Application Requirements 1. Application Required Any request for an AC District shall be accompanied by an application prepared in accordance with the Development Services Department Development Manual. Accompanying Applications A request for an AC District may be accompanied by an application for amendment of the Future Land Use Map or by a Subdivision Master Plan. Approval of an AC District shall require all subsequent development applications to be consistent with the approved development regulations. Tax Certificate Required All applications made as a request for an AC District shall be accompanied by a copy of a Tax Certificate. Minimum AC District Size No AC District may be established on any area less than the following in size: a. 40 contiguous acres (under single or multiple ownership subject to joint submission); b. Any area that is contiguous with an existing AC District that results in a total area of at least 50 acres. D. Processing of Application and Decision: All applications for an AC District shall meet the standards for the Processing of Application and Decision of a PDD in Sec. 21.5. 10 (C) as amended. E. Permitted Uses: Uses permitted by right and by Special Use Permit in the AC District shall be the same as the ones permitted by right and Special Use Permit in the Residential/Agricultural (RA) District F. Development Standards: Development in the AC District shall meet the standards in this section in addition to other standards set forth in an ordinance granting the AC District. Other development standards may include density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, management associations, and other requirements as the City Council may deem appropriate. 1. Residential density: The maximum gross density established in AC District shall be 0.2 dwelling units per acre. 2. Open Space Requirement: a. Conservation Subdivisions shall identify a conservation theme. Conservation themes may include, but are not limited to: forest preservation, water quality preservation, creek preservation, farmland preservation, or view shed preservation. The conservation theme and the North and South Schertz Framework Plans should guide the location and use of the designated open space. b. A minimum of seventy percent (70 %) of the gross total acreage in the application, including developable and undevelopable land, shall be designated as open space for natural habitat, passive recreation, and/or conservation or preservation, including conservation for agricultural and forestry uses. Active recreation uses may be permitted, but the area designated for such active recreation uses shall not exceed 20% of the total required open space. The design criteria for such open space shall be as follows: Formatted: Indent: Left: 36 pt, Hanging: 36 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 36 pt + Tab after: 0 pt + Indent at: 54 pt i. Where possible, designated open space shall be contiguous with open space uses on adjacent parcels in order to provide large expanses of open space. ii. Open space in AC Districts shall be physically connected, whenever possible, to the Schertz Open Space System outlined in the Schertz Parks Master Plan and North and South Schertz Framework Plans. Designated public trail systems which abut an AC District shall be connected through the subdivision. iii. Access shall be provided to designated active or passive recreation areas or open space or natural areas from one or more streets in the subdivision. iv. Access will not be required if the open space is to remain in active agriculture or forestry or if the natural areas contain habitat where public access should be limited. Open Space Ownership and Management. All lands and improvements in designated open space shall be established, managed and maintained in accordance with the following guidelines: i. Designated open space shall be surveyed and subdivided as a separate parcel or parcels. ii. Designated open space must be restricted from further development by a permanent conservation easement running with the land or other similar legal instrument. The permanent conservation easement must be submitted with the application for a AC District and approved by City Council. iii. The permanent conservation easement may be held by the following entities, but in no case may the holder of the conservation easement be the same as the owner of the underlying fee: (a) A common ownership association which owns other land within the subdivision and in which membership in the association by all property owners in the subdivision shall be mandatory; (b) An individual who will use the land in accordance with the permanent conservation easement; (c) mCity of Schertz, or other governmental agency; (d)_A private, nonprofit organization that has been designated by the Internal Revenue Service as qualifying under section 501(c)(3) of the Internal Revenue Code; or (,e) _A combination of the entities in subsection (a)- (d) above. iv. The permanent conservation easement must specify: (a).. what entity will maintain the designated open space. (b.) the purposes of the conservation easement and the conservation values of the property; (c)...the legal description of the land under the easement; (a)...the restrictions on the use of the land; (b.) the restriction from future development of the land; Formatted: Indent: Left: 162 pt, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 198 pt + Tab after: 0 pt + Indent at: 216 Pt Formatted: Indent: Left: 162 pt, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 54 pt + Tab after: 0 pt + Indent at: 72 pt Formatted: Indent: Left: 162 pt, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt (c)vto what standards the open space will be maintained; and (d) who will have access to the open space. v. The owner of the underlying fee shall be responsible for the payment of taxes and assessments on any designated open space parcel. Utilities. Individual well and septic systems are allowed in AC subdivisions, however, common utilities (shared water and/or sewer or septic systems) are encouraged. Common utilities shall meet the city's standards for sewage treatment systems. Streets: Streets within the conservation subdivision shall be developed according to the following standards that promote road safety, minimize visual impacts, and minimize impervious surfaces: a ............. design, widths and construction shall conform to the width and standards contained in the street cross section without curb and gutters (or low speed rural cross section) and as recommended in the North and South Schertz Sector Plans. b. The number of local street intersections with collector and arterial roads should be minimized, however, the applicant must demonstrate that such intersections are adequate, have the capacity to handle traffic generated by the proposed project, and will not endanger the safety of the general public. C. If AC subdivisions abut one another or existing development, direct links should be made to emphasize the connection between existing and new development. G. Conceptual and Development Plan: All applications for an AC District shall meet the standards for Conceptual and Development Plan established for a PDD in Sec. 21.5. 10 (E) to the extent they are not in conflict with the intent or text of the AC District. H. Criteria for Approval: All applications for an AC District shall meet the Criteria for Approval established for a PDD in Sec. 21.5. 10 (F) to the extent they are not in conflict with the intent or text of the AC District. ® Formatted: Indent: Left: 72 pt, Hanging: 36 pt, Numbered + Level: 3 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 171 pt + Tab after: 0 pt + Indent at: 180 pt L Amendments: All applications for an AC District shall meet the standards for Conceptual o- Amendments established for a PDD in Sec. 21.5. 10 (G) to the extent they are not in conflict with the intent or text of the AC District. 7. The Current UDC is hereby amended to add Section 21.5.13 concerning Estate Neighborhood Planned Development District (ENPDD) as follows: Sec. 21.5.13 Estate Neighborhood Planned Development District (ENPDD) A. Intent and Purpose Formatted: Indent: Left: 0 pt, Numbered + Level: 1 + Numbering Style: I, II, III, ... + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 54 pt The Estate Neighborhood (EN) District is intended to provide an alternative development option that supports the sustainable development goals of Schertz, protects open space and natural resources, and retains the predominantly rural character in the areas designated as Estate Neighborhood on the South Schertz Framework Plan. It shall be the alternative option to the RA zoning district. The purposes of the EN District are: a. To implement the goals of the Schertz Comprehensive Plan and Framework Plans for areas already zoned for '/2 acre residential lots; b. To allow development that balances open space preservation with development opportunities by providing a more flexible residential cluster option; C. To connect open space, trails, and recreation sites within the EN District and to the integrated open space and recreation system of Schertz per the Framework Plan and Parks and Open Space Plan. C. To allow flexibility in the placement and type of dwelling units within the subdivision; f. To promote the use of shared septic, drinking water and low- impact stormwater systems that prevent the degradation of water quality; g. To reduce the amount of new roads and to allow flexibility in road specifications for roads serving residences in the District; and h. To reduce the amount of impervious surfaces in subdivisions, including driveways, B. Definitions. The following definitions shall apply to the terms used in this Section of the UDC only. For terms not specifically defined under this subsection, Article 16, Definitions shall apply. Active Recreation Uses: shall include playgrounds, ball fields, indoor or outdoor pool/recreation facilities, any recreational area that includes significant infrastructure or physical improvements for the purposes of active sports or organized events (such as ball fields, basket ball courts, tennis courts, golf courses, and similar facilities). Agricultural Land: Land whose primary use is devoted to Agriculture as defined in Article 16. Conservation Easement: A conservation easement is a written agreement between a landowner and the "holder" of the conservation easement under which a landowner voluntarily restricts certain uses of the property to protect its natural, productive or cultural features. The holder of the conservation easement must be a governmental entity or a qualified conservation organization. With a conservation easement, the landowner retains legal title to the property and determines the types of land uses to continue and those to restrict. As part of the arrangement, the landowner grants the holder of the conservation easement the right to periodically assess the condition of the property to ensure that it is maintained according to the terms of the legal agreement. Designated Open Space: Open space that is designated within an ENS to be placed under a conservation easement permanently restricting future development or other similar legal mechanism. Developable Area: All land in a proposed ENS that are not defined as undevelopable due to environmental conditions or in ordinances adopted by Schertz. Estate Neighborhood Subdivision (ENS): Any subdivision of land per the standards in this Section of the UDC. Gross Density: A residential density standard establishing the maximum number of dwelling units allowed to be built in an ENS based on the gross acreage of the site that includes all areas designated for streets, infrastructure, and open space. Undevelopable Area: Those lands in a proposed ENS that are restricted from development due to environmental conditions such as steep slopes, the presence of wetlands or waterways, or are restricted from development under ordinances adopted by Schertz . C. Application Requirements 1. Application Required Any request for an EN District shall be accompanied by an application prepared in accordance with the Development Services Department Development Manual. Accompanying Applications A request for an EN District may be accompanied by an application for amendment of the Future Land Use Map or by a Subdivision Master Plan. Approval of an EN District shall require all subsequent development applications to be consistent with the approved development regulations. Tax Certificate Required All applications made as a request for an EN District shall be accompanied by a copy of a Tax Certificate. Minimum EN District Size No EN District may be established on any area less than the following in size: a. 20 contiguous acres (under single or multiple ownership subject to joint submission); b. Any area that is contiguous with an existing EN District that results in a total area of at least 25 acres. D. Processing of Application and Decision: All applications for an EN District shall meet the standards for the Processing of Application and Decision of a PDD in Sec. 21.5. 10 (C) as amended. E. Permitted Uses: Uses permitted by right and by Special Use Permit in the EN District shall be the same as the ones permitted by right and Special Use Permit in the Residential/Agricultural (RA) District F. Development Standards: Development in the EN District shall meet the standards in this section in addition to other standards set forth in an ordinance granting the EN District. Other development standards may include density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, management associations, and other requirements as the City Council may deem appropriate. Residential density: The maximum gross density established in EN District shall a be 2 dwelling units per acre. 2 ........ Open Space Requirement: a. A minimum of fifty percent (50 1/o) of the gross total acreage in the application, including developable and undevelopable land, shall be designated as open space for natural habitat, passive recreation, and/or conservation or preservation, including conservation for agricultural and forestry uses. Active recreation uses may be permitted, but the area designated for such active recreation uses shall not exceed 10% of the total required open space. The design criteria for such open space shall be as follows: i. Where possible, priority shall be placed on preserving drainage corridors, creeks, steep slopes, wooded areas, view sheds, and other environmental elements that can be featured within the EN District. Where possible, designated open space shall be contiguous with existing open space uses on adjacent parcels in order to provide large expanses of open space. ii. Open space in EN Districts shall be physically connected, whenever possible, to the Schertz Open Space System outlined in the Schertz Parks Master Plan and North and South Schertz Framework Plans. Designated public trail systems which abut an EN District shall be connected through the subdivision. iii. Access shall be provided to designated active or passive recreation areas or open space or natural areas from one or more streets in the EN subdivision. iv. Access will not be required if the open space is to remain in active agriculture or forestry or if the natural areas contain habitat where public access should be limited. Formatted: Indent: Left: 36 pt, Hanging: 36 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 36 pt + Tab after: 0 pt + Indent at: 54 pt Formatted: Indent: Left: 36 pt, Hanging: 36 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 36 pt + Tab after: 0 pt + Indent at: 54 pt Open Space Ownership and Management. All lands and improvements in designated open space shall be established, managed and maintained in accordance with the following guidelines: i. Designated open space shall be surveyed and subdivided as a separate parcel or parcels. ii. Designated open space must be restricted from further development by a permanent conservation easement running with the land or other similar legal instrument. The permanent conservation easement must be submitted with the application for an EN District and approved by City Council. iii. The permanent conservation easement may be held by the following entities, but in no case may the holder of the conservation easement be the same as the owner of the underlying fee: (q ).A common ownership association which owns other land within the subdivision and in which membership in the association by all property owners in the subdivision shall be mandatory; (bAn individual who will use the land in accordance with the permanent conservation easement; (c) City of Schertz, or other governmental agency; (d)_A private, nonprofit organization that has been designated by the Internal Revenue Service as qualifying under section 501(c)(3) of the Internal Revenue Code; or (e) _A combination of the entities in subsection (a)- (d) above. iv. The permanent conservation easement must specify: (a) what entity will maintain the designated open space. (b) the purposes of the conservation easement and the conservation values of the property; (c) the legal description of the land under the easement; (d) the restrictions on the use of the land; (e) the restriction from future development of the land; (f) to what standards the open space will be maintained; and (g) who will have access to the open space. v. The owner of the underlying fee shall be responsible for the payment of taxes and assessments on any designated open space parcel. Streets: Streets within the EN subdivision shall be developed according to the following standards that promote road safety, minimize visual impacts, and minimize impervious surfaces: a. _Street design, widths and construction shall conform to the width and standards contained in the street cross section without curb and gutters (or low speed rural cross section) and or recommended in the North and South Schertz Sector Plans. ® Formatted: Indent: Left: 144 pt, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 54 pt + Tab after: 0 pt + Indent at: 72 pt Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: -18 pt + Tab after: 0 pt + Indent at: 0 pt Formatted: Indent: Left: 72 pt, Hanging: 27 pt, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 171 pt + Tab after: 0 pt + Indent at: 189 pt b. The number of local street intersections with collector and arterial roads should be minimized, however, the applicant must demonstrate that such intersections are adequate, have the capacity to handle traffic generated by the proposed project, and will not endanger the safety of the general public. C. _If EN subdivisions abut one another or existing development, direct links should be made to emphasize the connection between existing and new development. G. Conceptual and Development Plan: All applications for an EN District shall meet the standards for Conceptual and Development Plan established for a PDD in Sec. 21.5. 10 (E) to the extent they are not in conflict with the intent or text of the EN District. H. Criteria for Approval: All applications for an EN District shall meet the Criteria for Approval established for a PDD in Sec. 21.5. 10 (F) to the extent they are not in conflict with the intent or text of the EN District. I ....... Amendments: All applications for an EN District shall meet the standards for Conceptual a Amendments established for a PDD in Sec. 21.5. 10 (G) to the extent they are not in conflict with the intent or text of the EN District. 8. The Current UDC is hereby amended to add Section 21.5.14 concerning Mixed Use Planned Development District (MUPDD) as follows: Sec..21.. 514 ...... Mixed_UsePlanned..Develonment.D strict..(MUPDD) A. PURPOSE & INTENT The purpose and intent of the Mixed Use Zoning District (MU) is to implement the Mixed Use land use category guidelines established in the City's Sector Plan. The MU Zoning District is intended to: 1. allow a mixture of complementary land uses that include housing, retail, offices, commercial services, and civic uses to create economic vitality and a potential rail - ready development context; 2. emphasize vehicular and pedestrian connectivity to adjacent land uses that balance neighborhood integrity with the transportation benefits of connectivity; 3. establish a high level of development standards to create development of exemplary and enduring quality; 4. encourage the development of vertical and horizontal mixed -use areas that are safe, comfortable and attractive to pedestrians while protecting significant environmentally sensitive areas; 5. provide flexibility in the siting and design of new developments and redevelopment to anticipate changes in the marketplace while establishing human- scaled residential and non - residential buildings; 6. leverage any significant environmental features on the site and treat them as "features" and not constraints; Formatted: Indent: Left: 0 pt, Numbered + Level: 3 + Numbering Style: I, II, III, ... + Start at: 1 + Alignment: Left + Aligned at: 99 pt + Tab after: 0 pt + Indent at: 135 Pt Formatted: Indent: Left: 18 pt, Hanging: 27 pt, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt 7. create of a variety of connected community gathering places and entertainment opportunities of differing scales and character to make walking easy from one place to another; 8. include a range of residential options that reflect changing lifestyles while balancing market demand and community preferences; 9. provide appropriate transitions to protect any existing adjacent neighborhoods and to promote sustained value; and 10. encourage efficient uses of land by facilitating compact development and minimizing the amount of land that is needed for surface parking. B. RELATIONSHIP TO THE CITY OF SCHERTZ SECTOR PLAN & COMPREHENSIVE PLAN Formatted: Indent: Left: 18 pt, Hanging: 27 pt, Numbered + Level: The MU Zoning istrict implements the following goals of the Sector Plan: 1 +Numbering style: A, e, c, ... + g p g g !Start at: 1 +Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt 1. Encourage Mixed Use within a rail -ready development context at the potential Lone Star + Indent at: 36 pt Rail Station North Schertz. 2. Support an orderly transition of development from IH -35 to rail -ready development 3. Encourage Mixed Use in a Neighborhood Center setting at FM 1518 and Lower Seguin with a well designed neighborhood context around existing schools and amenities in South Schertz. C. APPLICABILITY Formatted: Indent: Left: 18 pt, Hanging: 27 pt, Numbered + Level: 1 + Numbering Style: A, B, C, ... + The MU zoning district shall be applicable to all properties that are designated as Mixed Use Start at: 1 + Alignment: Left + Core and Mixed Use Neighborhood in the City of Schertz's Framework and Sector Plan. Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt D. D. DEFINITIONS a Formatted: Indent: Left: 18 pt, Hanging: 27 pt, Numbered + Level: 1 + Numbering Style: A, B, C, ... + The following definitions shall apply to uses and category of uses listed in the MU Start at: 1 +Alignment: Left + schedule of uses and to other terms used in this section only. For terms not specifically Aligned at: 18 pt + Tab after: 0 pt defined under this subsection, Article 16 Definitions shall apply. +Indent at: 36 pt Buffer Areas Along Creeks and Flood Plains. These are areas of land parallel to each side of existing creeks and flood plains, set aside to protect riparian vegetation and filter waterborne pollutants. Building Step -back. Building step -back is the setting back of the front building fagade away from the street at a specific floor or height in order to maintain a consistent street wall. Civic Uses. These are uses that are related to non -profit organizations dedicated to arts, culture, education, and government functions. Comprehensive Land Plan. The Comprehensive Land Plan, as amended, serves as the community's blueprint for future development by providing guidelines for the appropriate location, concentration, and intensity of future development by land use categories. Conservation Easement. A conservation easement is a voluntary and permanent, legally binding, deed restriction that limits development of property for the purpose of protecting and preserving a portion of the City's environmentally sensitive and natural resources, including agricultural and ranching areas. The landowner retains title to the property and the easement applies to all subsequent owners. The easement must be held by a qualifying party approved by the City. Continuous Planters. Continuous planters are tree wells between the vehicle lane /parking lane and the sidewalk. These planters run parallel along the sidewalk with a few breaks for pedestrian access from the parking lane to the sidewalk. The planters may be used for street trees and other landscaping including shrubs and ground cover to soften the edge of the pavement. Environmental Preserve. An environmental preserve is natural open space reserved for land that is under permanent conservation. It consists of areas in the flood plain, woodlands to be preserved, creeks, water bodies, steep grades, and other environmentally sensitive lands. Activities in the environmental preserve shall be limited to natural trails, paths, and equestrian trails. If significant water access is available, canoe put -ins or other passive water recreation activities may be permitted. The size of an environmental preserve may vary depending upon the environmental element being preserved. Environmental preserves may also be in conservation easements. Fagade. Fagade(s) is the front of the building facing or oriented toward a street or roadway, excluding alleyways. Green. A green is an open space available for unstructured recreation. A green may be defined by landscaping rather than buildings. Its landscape consists of land and trees in a natural arrangement, requiring minimal maintenance. The size of a green shall range from 1 acre to 10 acres. Horizontal Mixed Use. Horizontal mixed use is the location of different land uses, including commercial, retail, office, residential, public, and other uses in proximity to one another in separate buildings but in the same development or block. Human Scale or Pedestrian Scale. Human scale is the proportional relationship of a particular building structure, or streetscape element to the human form and function. Human scale relates the size, design, orientation, and/or height of a structure to the height and mass of a pedestrian traveling along the sidewalk or street adjacent to that structure. Generally human scale buildings are oriented towards the street with appropriate design elements and amenities on the building fagades fronting sidewalks to making it inviting for pedestrians. Landscape Concept Plan. A landscape concept plan is a series of drawings that includes design direction and general schematics for all proposed public and private landscaping. Drawings do not have to detail every element but provide images that convey the important landscape design themes. Live -work Unit. A live -work unit is a dwelling unit that is also used for work purposes, provided that the `work' component is restricted to the uses of professional office, artist's workshop, studio, or other similar uses and is located on the street level. The `live' component may be located on the street level (behind the work component) or any other level of the building. Mixed Use Development. Mixed use development is any development that proposes either vertical mixed use or horizontal mixed use in the same development of one or multiple buildings. Mixed Use Core. Mixed Use Core is a component area of a MU District and is intended to be the area of highest intensity of land uses and buildings within the overall Mixed Use development. The Mixed Use Core may include retail, entertainment, office, institutional, arts, and other uses. Residential uses may be included if they are located in upper floors of mixed use buildings. Mixed Use Transition. Mixed Use Transition is a component area of a MU and is intended to be an area of transition from the Mixed Use Core or Neighborhood to any adjoining land uses. Based on site - specific adjacency conditions, a Mixed Use Transition zone may be classified as one of the following: ..._Neighborhood Transition zone — the area between an existing residential neighborhood and a Mixed Use core or Neighborhood. Major Roadway Transition zone —the area between the Mixed Use Core or Neighborhood and a major roadway corridor. Environmental Transition zone — the area between the Mixed Use Core or Neighborhood and a major environmental feature. Mixed Use Neighborhood. A Mixed Use Neighborhood is a component area of a MU with predominantly residential uses and open spaces. A Mixed Use Neighborhood may also contain small- scaled civic uses at key locations. Park. A park is a natural preserve available mainly for unstructured recreation. Any structured recreation shall be limited to less than 10% of the park. A park is usually independent of surrounding building frontages. Its landscape consists of natural paths, trails, meadows, woodlands, and open shelters. Its size shall range from 5 - 10 acres. Parks & Open Space Master Plan. The City's adopted Parks & Open Space Master Plan which establishes a comprehensive parks and trail system for the community. Plaza. A plaza is an open space available for civic purposes and limited commercial activities. A plaza is spatially defined by buildings and its landscape Formatted: Indent: Left: 72 pt, Bulleted + Level: 1 + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 Pt shall consist primarily of pavement with trees being optional. Plazas are to be located in the Mixed Use Core or Transition areas and shall be under a '/4 acre in size. Plazas can be extensions of sidewalks for the purpose of providing outdoor seating for restaurants and cafes. Primary or Principal Building. The primary building on a lot is also known as the principal building and is the largest building on any lot that has more than one building. Primary Entrance. The primary entrance is the main or principal pedestrian entrance of all buildings (except outbuildings). The primary entrance is the entrance designed for access by pedestrians from the sidewalk, or street if a sidewalk is not present. This is the principal architectural entrance even though day -to -day residential access may be via a secondary entrance associated with a garage, driveway or other vehicular use area. Primary Street. A primary street(s) is a street that provides the main point(s) of access from an arterial or collector roadway to the Mixed Use District's interior street network. Public Buildings. Public buildings are buildings used for government or related functions, including public administration, courts, libraries, community centers, and public safety functions. Public Realm. The public realm is the area from building fagade to building fagade. This includes the street, sidewalks and pedestrian amenities, any landscaping strips or medians, parks, common yards, etc. Public Street, Type A. Type A Public Streets are the primary pedestrian- oriented streets and require a higher quality design environment and minimal accommodation of auto - oriented ancillary uses (driveways and parking) with respect to streetscape and building design. Public Street, Type B. Type B Public Streets form the secondary street network providing access to pedestrian oriented streets (Type A Streets) and may accommodate automobile access to properties and uses. Residential Loft. Residential loft is typically a residential unit designed to commercial standards (with high ceilings, open plans, and large windows) located above street level commercial space. Sector Plan. The City of Schertz Sector Plan, as amended, consisting of multiple elements, as adopted by the City Council. Square. A square is generally a geometrically symmetrical open space of '/2 to 2 acres, available for unstructured recreation and civic purposes. A square is spatially defined by streets and buildings, at least on three sides. Its landscape consists of paths, lawns, and trees, all formally arranged. Street Tree. A street tree is a tree or group of trees that line the edge of a street or roadway and includes trees inside and outside the street right -of -way. Streetscape Treatments. Streetscape treatments include all improvements in a right -of -way and adjacent to it that create an attractive and safe pedestrian environment. Treatments shall include street trees, street light standards, street furniture, and trash receptacles. Streetscape treatments may also include a range of features such as paving materials, street/pedestrian/wayfinding signs, media boxes, parking meters, utility boxes, seating, public art/water features, bike racks, bollards, information kiosks, and similar features. Thoroughfare Plan. The Thoroughfare, as amended, serves as the community's blueprint for the City's future transportation network based on the future land use allocation and intensity. Vertical Mixed Use. Vertical mixed use is a building or structure in which at least one of the upper floors of a commercial building has residential uses (live- work units or lofts) with retail or office uses at the other levels. E. GENERAE DISTRICT STANDARDS: 1. _Generally,. A Mixed Use Zoning District shall consist of a minimum of two of the following three distinct components designated in the ordinance creating the district: a Mixed Use Core, Neighborhood, and Mixed Use Transition. Land uses in the district shall be established based upon the overall character and design of the district. All MU districts shall be a minimum of 40 acres in size or can be created by adding a minimum of 10 acres contiguous to an existing MU district. All MU districts shall contain appropriately designed and scaled open spaces to preserve existing wooded areas, stream corridors and views, and invite passive recreational activities. All MU districts shall contain appropriate transitions to adjacent land uses. These components shall be established through a Conceptual Plan and /or Development Plan at the time of rezoning. Mixed Use Core Area_ The Mixed Use Core Area shall be the primary location oP the highest intensity of commercial, professional, retail and residential uses. . 3 ... ... ... Nelghborhood... The Neighborhood is a component area of any MU Zoning© District that is predominantly residential in nature. Limited retail and civic uses may be located at key points within the neighborhood. The location of the neighborhood shall be determined based upon the overall character and design of the proposed MU district and the following criteria: a. The neighborhood component is to be located adjacent to the Mixed Use Core- and any Mixed Use Transitions ; Formatted: Indent: Left: 18 pt, Hanging: 27 pt, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt Formatted: Indent: Left: 45 pt, Hanging: 27 pt, Numbered + Level: 2 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 99 pt + Tab after: 0 pt + Indent at: 117 pt Formatted: Indent: Left: 45 pt, Hanging: 27 pt, Numbered + Level: 2 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 99 pt + Tab after: 0 pt + Indent at: 117 pt Formatted: Indent: Left: 45 pt, Hanging: 27 pt, Numbered + Level: 2 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 99 pt + Tab after: 0 pt + Indent at: 117 pt Formatted: Indent: Left: 72 pt, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 90 pt + Tab after: 108 pt + Indent at: 108 pt, Tabs: Not at 108 pt b. The neighborhood shall be well integrated with proposed open space and other civic uses to create a sense of place; c. The neighborhood shall also be integrated with proposed Mixed Use Core and/or Mixed Use Transitions in a manner that provides automobile and pedestrian access within the proposed MU Zoning District; and d. Uses in the neighborhood shall be to the density and scale that is appropriate based on the context and character of the proposed district. 4. Mixed Use Transition. MU Zoning Districts may, at the election of the applicant Formatted: Indent: Left: 45.35 pt, and based on the development context, also include appropriate Mixed Use Hanging: 27.35 pt, Numbered + P/D Level: 2 + Numbering Style: 1, 2, 3, Transition components which are the areas between the Mixed Use Core and/or +Start at: 1 +Alignment: Left + Neighborhood to adjoining conditions. Aligned at: 99 pt + Tab after: 0 pt + Indent at: 117 pt 5 Open. Space. The open space component shall be integrated into the overall ° Formatted: Indent: Left: 45.35 pt, design Of the Mixed Use Zoning District. Hanging: 27.35 pt, Numbered + P Level: 2 + Numbering Style: 1, 2, 3, Agricultural/Field Crops + Start at: 1 + Alignment: Left + a : The type, scale, location, and design of the open space component shall© Aligned at: 99 pt + Tab after: 0 pt .... depend on the context and location of the other components of the MU +Indent at: 117 pt district. Formatted: Indent: Left: 72 pt, Numbered + Level: 1 + Numbering b,.... Square, parks, greens, and environmental preserves are encouraged in all Style: a, b, c, ... + Start at: 1 + components. Plazas may serve as open spaces and shall only be appropriate in Alignment: Left + Aligned at: 36 pt the Mixed Use Core. + Tab after: 54 pt + Indent at: 54 pt, Tabs: 90 pt, List tab + Not at 54 F. _____SCHEDULE OF USES A 1. "Uses within the MU shall be in accordance with the following schedule of uses© (Table 1). P Use is permitted in the district indicated S Use is permitted in the district indicated upon approval of Specific Use Permit P/D Use is permitted in the district indicated with additional Design Criteria MU -T Use is prohibited in the district indicated Table 1: Schedule of Uses Formatted: Indent: Left: 18 pt, Hanging: 27 pt, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt Formatted: Indent: Left: 45 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt MIXED USE MU -C MU -N MU -T PERMITTED USES Design Criteria for uses designated as P/D Accessory Building, Residential P P Agricultural/Field Crops Airport, Heliport or Landing Field Alcohol Package Sales S Antenna and/or Antenna Support Structure, Commercial Formatted: Indent: Left: 18 pt, Hanging: 27 pt, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt Formatted: Indent: Left: 45 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt MIXED USE MU -C MU -N MU -T PERMITTED USES Design Criteria for uses designated as P/D Antique Shop P P/D In buildings 10,000 sq.ft. or less Appliances, Furniture and Home Furnishings Store P P/D In buildings 10,000 sq.ft. or less Art Galle ' /Lihra ' /Museu tt P P/D In buildings 10,000 sq.ft. or less Assisted Care or Living Facility P S Athletic Stadium Private Athletic Stadium Public Automobile Parking Structure/Garage P Automobile Parts Sales P Automobile Repairs & Service, Major Automobile Repairs & Service, Minor Automobile Sales Baker P P/D In buildings 10,000 sq.ft. or less Bank, Saving and Loan, Credit Union P P/D In buildings 10,000 sq.ft. or less Beauty Salon/Barber Shop P P/D In buildings 10,000 sq.ft. or less Bed and Breakfast Inn P S S Book Store P P/D In buildings 10,000 sq.ft. or less Bottling Works Building Material and Hardware Sales P Cabinet or Upholstery Shop P Car Wash Automated Car Wash Self Serve Cemetery or Mausoleum Church, Temple, Synagogue, Mosque, or Other Place of Worship' P S Civic /Convention Center P College, University, Trade or Private Boarding School P Commercial Amusement, Indoor S Commercial Amusement Outdoor Community Center P S Concrete /As' halt Batching Plant Convenience Store w/o Gas Pumps P P/D In buildings 10,000 sq.ft. or less Convenience' Store w/ Gas Pumps P/D Gas pumps and canopy design per Section 8(g) Dance Hall/Night Club P Day Fare Center P P Department Store P Drive -thru service (for any use) P/D Drive -thru service design per Section 8(g) DU Cleaning, Major S Dry Cleaning, Minor P P/D In buildings 10,000 sq.ft. or less MIXED USE MU -C MU -N MU -T PERMITTED USES Design Criteria for uses designated as P/D Family or Group Home P S P Farmers Market P Flea Market Inside Flea Market Outside Florist P P/D In buildings 10,000 sq.ft. or less Fraternity, Sorority, Civic Club or Lode P P/D In buildings 10,000 sq.ft. or less Furniture Sales P Gasoline Station/Fuel Pumps Gated Community General Manufacturing/Industrial Use Golf Course and /or Country Chub S S S Governmental Facilities P P/D In buildings 10,000 sq.ft. or less Gymnastics/Dance Studio P P/D In buildings 10,000 sq.ft. or less Hazardous Waste Health/Fitness Centex P Heavy Equipment ment Sales Service or Rental Home Improvement Center P Hospital P Hotel/Motel P Household Appliance Service and 'Repair P In -Home Day Care P S S Landfill Laundromat P Livestock Loci-sn�dth/Sccurity System Company P S Medical Dental or Professional Office /Clinic P P Mini- Warehouse/Public Storage Manufactured /Mobile Homes Manufacturing Mortuary/Funeral Home Multi-Family Apartment Dwelling P P Municipal Uses Operated by the Citv P P P Museum'' P Neighborhood store /restaurant P P/D I P/D In buildings 10,000 sq ft or less Nurse Major Nursery, Minor P S Office Showroom P Of'ficeWarehouse/Distribution Center One-Family Dwelling Attached P P One-Family Dwelling Detached P P Packaging/Mailing Store P Park/Playground/Similar Public Site P P P Pawn Shop' 2. _Table 2 shows the proportions of components required to create a MU district. A° Formatted: Indent: Left: 45 pt, minimum of two out of three MU Zoning District components (m addition to the Numbered + Level: 1 +Numbering Style: 1, 2, 3, ... + Start at: 1 + minimum required Open Space) must be combined for a total of 100% within the Alignment: Left + Aligned at: 18 pt MU district. The City Council may vary percentages within the limits indicated + Tab after: 0 pt + Indent at: 36 pt MIXED USE MU -C MU -N MU -T PERMITTED USES Design Criteria for uses designated as P/D Pet Store'' P Pharmacy P Portable Building Sales Post Office P Print Shop, Mnor Print' Shop, Minor P Private Club P Railroad/Bus, Passenger Station P P/D In buildings 10,000 sq.ft. or less Recreational vehicle Park'' Recreational vehicle Sales and Service Recycling 'Collection Center Recycling Collection Point P Recycling Facility Rehabilitation Care Facility Restaurant Drive -In Restaurant or Cafeteria P P/D In buildings 10,000 sq.ft. or less Retail Stores and Shops P P/D In buildings 10,000 sq.ft. or less School Public or Private P S S Sexually Oriented' Business Stable Commercial Storage or Wholesale Warehouse Tattoo Parlors /Studios Tavern P Taxidermist Theater Outdoor S Theater Indoor P Tool Rental Trailer /Manufactured'Homes Sales Truck Sales, Heavy Equipment Truck Terminal Two- Family Dwelling S P Veterinarian Clinic/ Kennel Indoor P Veterinarian Clinic / Kennel Outdoor elding(Machine Shop Wrecking or Salvage Yard New and Unlisted Uses S I S I S 2. _Table 2 shows the proportions of components required to create a MU district. A° Formatted: Indent: Left: 45 pt, minimum of two out of three MU Zoning District components (m addition to the Numbered + Level: 1 +Numbering Style: 1, 2, 3, ... + Start at: 1 + minimum required Open Space) must be combined for a total of 100% within the Alignment: Left + Aligned at: 18 pt MU district. The City Council may vary percentages within the limits indicated + Tab after: 0 pt + Indent at: 36 pt based upon site specific conditions in the ordinance establishing the district. The percentages shall be calculated based upon the gross area of the MU district being proposed. G. DEVELOPMENT STANDARDS a Formatted: Indent: Left: 18 pt, Core Core 20% +30 %• -20% Neighborhood 60% ±30% Transition 5% +20 %• -5% Open Space 10% min. +10% G. DEVELOPMENT STANDARDS a Formatted: Indent: Left: 18 pt, Core Hanging: 27 pt, Numbered + Level: 1. Standards in the MU District are intended to facilitate the development of uni ue® _ 1� �l 1 +Numbering Style: A, B, C, ... + !Start at: 1 +Alignment: Left + and pedestrian - friendly environments. To this end, design and development Aligned at: 18 pt + Tab after: 0 pt standards are intended to be tailored to create such an environment. In order to 11 + Indent at: 36 pt provide flexibility in use with prescription of the building form, all applicable Formatted: Indent: Hanging: 27 pt, development standards for each development project in the MU, including listing Numbered + Level: 2 + Numbering Style: 1, 2, 3, ... + Start at: 1 + any applicable sections of the City of Schertz Unified Development Code that the Alignment: Left + Aligned at: 54 pt particular development project may be exempt from, shall be established via the + Tab after: 0 pt + Indent at: 72 pt ordinance rezoning the property. If there are any conflicts between standards in <25 mph Table 3 below and any other standards in the UDC, then standards in Table 3 below shall prevail. 2........ Accessory Buildings, Uses, and Structures — Standards in Section 21.8.2. shall Formatted: Indent: Hanging: 27 pt, apply unless other standards are proposed by the applicant and approved by City Numbered + Level: 2 + Numbering Style: 1, 2, 3, ... + Start at: 1 + COUriCll. Alignment: Left + Aligned at: 54 pt + Tab after: 0 pt + Indent at: 72 pt 3 ...................The following standards shall apply to development in the Mixed Use Zoning District. Most standards have a numerical range and few have a specific numerical value. Due to the inapplicability of one development standard across all Mixed Use districts and to encourage a diversity of development proposals, the developer shall propose the standards indicated as "Flexible" or "Permitted/Flexible" on the following table for the proposed development at the time of conceptual plan application submittal. However the proposed standards shall be based on the Purpose and Intent and Performance and Design Standards of the Mixed Use Zoning District. TABLE3 Mitred Use Development Core Neighborhood Transition Stan dard 1.0 Street Design Standards This standard applies only to new streets located in the Mixed Use District Street design standards in the MU District shall be based upon creating a safe and inviting walking environment through an interconnected network of roads with sidewalks, street trees, street furniture, and amenities. Cul -de -sacs are prohibited unless natural features such as topography or stream corridors prevent a street connection. The right -of -way widths for streets in the MU shall depend on the street typology and streetscape standards proposed and approved in the ordinance creating the district. Applicant shall establish a network of both Type A and Type B Public Streets. The North and South Schertz Sector Plan shall be used as a guide for street design standards within the MU. The ITE Manual for Context Sensitive Solutions m Designing Maior Thoroughfares (referenced as ITE Manual) may also be used in lieu of the Sector Plan to develop alternative street design standards within the MU, subject to the approval of the City. a. Design speed X525 mph (except new collector or <25 mph X525 mph (except new collector or arterial arterial streets streets b. Street types allowed see I Boulevards: 4 -lane divided Avenues: 3 -lane divided I Boulevards: 4 -lane divided)a, Formatted: Indent: Hanging: 27 pt, Numbered + Level: 2 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 54 pt + Tab after: 0 pt + Indent at: 72 pt Formatted: Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt Formatted: Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt Formatted: Indent: Left: -9 pt, Hanging: 9 pt, Numbered + Level: 1 + Numbering Style: i, ii, iii, ... + Start at: 1 + Alignment: Right + Aligned at: 0 pt + Tab after: 0 pt + Indent at: 18 pt TABLE3 Mitred Use Development Core Neighborhood Transition Stan dard Sector Plan for Avenues: 3 -lane divided Residential streets: 2 -lane Avenues: 3 -lane divided recommended R -O -W Main streets undivided Main streets and cross sections or ITE Residential streets: 2 -lane Residential Alleys Residential streets: 2 -lane undivided Manual) undivided Commercial and/or Residential Alleys Commercial Alleys c. Travel lane widths ITE Manual standards shall apply d. Turning radii e. On- street Parking (along all streets except arterials and alleys) Parallel Permitted Permitted Permitted Angled (only if Permitted Not permitted Not permitted vehicles per day are projected to be less than 8,000) _• Head in Not permitted Not permitted Not permitted I. Parking lane width Parallel 8 feet 7 - 8 feet 8 feet Angled 18 feet N/A 18 feet g. Alleysl Permitted/Flexible Permitted/Flexible Permitted/Flexible 2.0 Streetsca a Standards u." Sidewalks/Trails/ 6 feet (minimum) 5 feet (minimum) 5 feet (minimum) Walkways b _Planter/Planting Strip Tree wells or Planters/Planting Planters/Planting strips Planters/Planting strips ©. Type 2 YP eZ strips c _._Planter/Planting Strip 6' X 6' tree well or 6 feet— 8 feet wide planting strip 6 feet— 8 feet wide planting strip ©, width 6 feet— 8 feet wide planting strip d Street trees Required/Flexible Required/Flexible Required/Flexible ©'• The applicant shall submit a proposed street tree planting plan, including a tree palette and spacing as a part of the Landscape Concept Plan, which shall be reviewed by the City and must be approved by the City Council at the time of Concept Plan and zoning change. The requirements for the landscape concept plan are outlined in Section H (10). Space Standard a O en/Civic Space . Required/Flexible Required/Flexible, Squares and Required/Flexible, squares and greens are Squares and plazas are greens are appropriate appropriate appropriate *Overall open /civic space allocations in the MU district shall be a minimum of IO% of the gross area of the entire site included in the MU concept plan and shall be distributed appropriately between the MU components. The location and design of appropriate open spaces shall be based on Section H (9) of this Section. 4. Block and Lot Standards a ..Block Type Regular (square or rectangular) Regular or irregular (square, Regular or irregular (square, rectangular, Irregular blocks may be permitted rectangular, or curvilinear based or curvilinear based on topography and only if natural topography and/or on topography and vegetation) vegetation) vegetation prevents a rectilinear grid b .....Block Perimeter Max. block perimeter = 1,600' Max. block perimeter = 2,000' Max. block perimeter = 2,000' (unless (unless limited by unique site limited by unique site conditions such as conditions such as topography and topography and vegetation) vegetation) c Lot Area Flexible Flexible Flexible a d. Lot Width and Depth Flexible Flexible Flexible a ` e. Maximum Lot Coverage Flexible Flexible Flexible a I Flexible Flexible Flexible Cover 5.0 Building Standards a. Principal Building 1 story (minimum) 1 1 story (minimum) 1 story (minimum) Height* 8 stories maximum 3 stories maximum 4 stories maximum * Building height shall be measured in number of stories. Attics and mezzanines shall be excluded from the height calculation as long as they do not exceed 50% o the oor area o a ical oor in the same building, b. Setbacks ** ............ Front 15 feet (maximum) Flexible Flexible Flexible Flexible Flexible Alleys shall be required for all development with lots 60 feet or less in width. Planters or Planting Strips are required for all new public streets in the MU (with the exception of alleys). Formatted: Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt Formatted: Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt Formatted: Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt Formatted: Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt Formatted: Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt, Don't adjust space between Latin and Asian text Formatted: Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 54 pt + Tab after: 0 pt + Indent at: 72 pt Formatted [ 1] Formatted Formatted [g] Formatted [q] Formatted . Formatted [6] Formatted Formatted Formatted Formatted E. [10] , Formatted... [ 11] Formatted ,,, [12] Formatted ... [13] Formatted [ 14] TABLE3 Mitred Use Development Core Neighborhood Transition Stan dard Side Flexible Flexible Flexible ::.....Rear **Minimum and/or maximum setback standards are to be proposed by the applicantfor each component area based on the Purpose and Intent of the MUDistyictandPerformance and Desi n Standards established in Section H o this Code. c Accessory buildings Permitted/Flexible Permitted/Flexible I Permitted/Flexible a Standards for accessory uses and structures shall be provided by the applicant The standards shall result in accessory buildings being subordinate in size and scale to the principal building. Standards in Sec. 21.8.2., Accessory Buildings shall apply if the applicant does not specifically provide re ulations or accessorgy uses and structures. d building Buildings shall be oriented to a Type A street or toward another focal point such as a park, plaza, square, other open orientation space or environmental feature. See subsections I for additional requirements. e Building fagade & The applicant shall propose appropriate building fagade and architectural design standards for all the MU comp -.ents architectural design in the development with the application for zoning change /concept plan. They shall be based on the criteria standards established in subsections I of this ordinance. 6. Site Design Standards a. Off - street parking The applicant shall propose off - street parking standards appropriate to serve the proposed uses in the MU. Standards in Sec. 21.10.4 shall be used as a guide to establish parking standards but parking standards unique to the MU shall be established in the ordinance creating the MU. Section H (6) shall regulate the location and design of all proposed off - street parking including any structured parking proposed. Parking standards in the MU are intended to be flexible due to the mixed use nature, shared parking opportunities, and availability o on- street parking, b. Off - street loading Section 21.10.8 applies unless N/A Section 21.10.8 applies for non - residential alternative standards are provided uses only unless alternative standards are provided c. Screening 1.,...Trash/recycling Required/Flexible Required for non - residential uses receptacles Flexible for residential uses (along alleys if alleys are provided) -- - - -- ------- - - - - -- 2 Other utility -------------------------------- ------------ - - - - -- ------------ - - - - -- ------------ - - - - -- ---- - - - - -- See Sec. 21.9.9 equipment -.. --- ---- -- - --- 3.. Loading spaces Required for non - residential uses. Section 21.9 .9 applies for non - residential uses only unless alternative standards are ............................. provided__ - -- - 4. _Surface parking areas Required/Flexible (Standards in Article 9 of the UDC shall apply to any surface parking located along any publi® street with the exception of alleys unless the applicant proposes alternative screening standards at the time of concept plan/zoning change application.) d. Landscaping" 1, Landscape buffer Required/Flexible N/A Required only for non - residential uses between surface parking and sidewalks /trails and streets (except alleys) - - -- -- - -- -- -- - -- 2. Parking lot minimum — - - -- -- - - - - -- - - - - -- Flexible -- - -- -- -- - -- - -- - -- -- N/A -- - - - -- - -- -- -- -- - - - - -- Flexible interior landscaping The applicant shall provide a landscape conceptplan per Section H (10) with the conceptplan application that identifies landscape themes and general design approach addressing street tree planting, streetscape treatments, any required screening, parking lot landscaping, and landscaping proposed in all the identified open space areas. Information provided at the concept plan phase maybe schematic meeting the design intent of the proposed development Detailed landscaping lans shall be required at the site plan sta e or all non - residential development e ._ _Lighting Required/Flexible (As a part of the concept plan application, the applicant shall propose lighting standards that ®. 1. Building entrances includes street light standards and other amenities as apart of the streetscape treatment plan. The landscape concept , 2,._Parking areas, trails, plan may be combined with a concept plan for lighting.) and streets ......... Flexible (Flexible signage in the Mixed Use District may be proposed by the applicant to City Council. Signage4n the . MU shall integrate the streetscape and architectural design of the district through a palette of signs that enhance the pedestrian environment and create a unique identity.) H. PERFORMANCE & DESIGN STANDARDS 1. General Layout Standards. o- a. The proposed district shall contain a network of connected streets and® walkways that provide a variety of transportation routes and disperse traffic. Formatted: Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt Formatted: Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt Formatted: Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt Formatted: Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt Formatted: Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt Formatted: Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt Formatted: Indent: Left: 18 pt, Hanging: 9 pt, Numbered + Level: 2 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 54 pt + Tab after: 0 pt + Indent at: 72 pt Formatted: Indent: Left: 18 pt, Hanging: 9 pt, Numbered + Level: 2 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 54 pt + Tab after: 0 pt + Indent at: 72 pt Formatted 15 Formatted 16 Formatted ... 17 ' Formatted [ 18] Formatted [ 19] Formatted [20] Formatted [21] Formatted [22] Streets shall be designed to create a pleasant walking environment with on- street parking and streetscape treatments. b. The proposed district shall contain designated sites for civic, institutional, or� Formatted: Indent: Left: 72 pt, religious buildings. Buildings such as schools, libraries, meeting halls, places Numbered + Level: 1 +Numbering Style: a, b, c, ... + Start at: 1 + of worship, and day care facilities shall occupy prominent places in the MU Alignment: Left + Aligned at: 18 pt and be planned in coordination with open spaces. + Tab after: 0 pt + Indent at: 36 pt The proposed district shall contain many separate and human - scaled° Formatted: Indent: Left: 72 pt, buildings: Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + i. The lots and a variety of buildings shall generate a cohesive pattern that Alignment: Left + Aligned at: 18 pt allows Streets to be civic places. + Tab after: 0 pt + Indent at: 36 pt ii. Building heights shall vary, with one to six story structures typical in the Core, one to four story structures in Transition area and one to three story structures in the Neighborhood area. Buildings shall help define the sidewalks and streets. iii. Driveway sizes and locations shall minimize the impact of the automobile on the public realm and shall be located along Type `B" Public Streets or along alleys. 2. .......BUi1dim Orientation. Formatted: Indent: Left: 45 pt, Hanging: 27 pt, Numbered + Level: a ........... Non-residential and mixed use buildings shall have a minimum of 25% of® 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + their building frontage oriented along a Type `B" Public Street, arterial, Aligned at: 36 pt + Tab after: 0 pt highway frontage, or collector streets and a minimum of 65% of their building +Indent at: 54 pt fronta e oriented along T yp e "A" Public Streets ( with the exception of alleys Formatted: Indent: Left: 72 pt, Hanging: 18 pt, Numbered + Level: which shall have no minimum building frontage requirement) (see illustration 1 + Numbering Style: a, b, c, ... + below applicability of minimum building frontage requirement along a block). Start at: 1 + Alignment: Left + Aligned at: -72 pt + Tab after: 3 pt + Indent at: 3 pt, Tabs: 90 pt, List ! b. _Residential buildings shall have a minimum of 25% of their building frontage® tab + Not at 3 pt oriented along a Type `B" Public street, arterial, highway frontage, or Formatted: Indent: Left: 72 pt, collector streets and a minimum of 50% of their building frontage oriented Hanging: 18 pt, Numbered +Level: ! 1 + Numbering Style: a, b, c, ... + along Type "A" Public Streets (with the exception of alleys which shall have Start at: 1 + Alignment: Left + no minimum building frontage requirement). Aligned at: -72 pt + Tab after: 3 pt + Indent at: 3 pt, Tabs: 90 pt, List tab + Not at 3 pt Minimum Building Frontage Required for Non - Residential and Mixed Use Buildings 3. _Building Entrances. a. Primary facades along Type "A" Public Streets shall contain the main entrance of any principal building. b. All principal buildings in the MU located on a Type "A" Public Street serving the development shall also have doors, windows, and other architectural features facing that street. Non - residential or mixed use corner buildings shall have at least one customer entrance facing each street or a corner entrance instead of two entrances. 4. Building Facade Standards. a a. The minimum ground floor height as measured from the finished sidewalk to the second floor for all vertical mixed use, commercial, and live -work buildings shall be 12 feet. The minimum finished floor height for all upper floors of vertical mixed use, commercial, and live -work buildings shall be 9 feet. The minimum floor to floor height for all other buildings shall be 9 feet. b. The ground floor elevation of all residential buildings (attached, detached, and stacked) shall be raised a minimum of two (2) feet above the finished level of the public sidewalk/trail in front of the residential structures unless the building is setback more than 10 feet from the public sidewalk. c. All development shall provide ground floor windows on the building fagade facing and adjacent to a street (with the exception of alleys) or facing onto a Formatted: Indent: Left: 45 pt, Hanging: 27 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 36 pt + Tab after: 0 pt + Indent at: 54 pt Formatted: Indent: Left: 72 pt, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 54 pt + Tab after: 0 pt + Indent at: 72 pt Formatted: Indent: Left: 72 pt, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 54 pt + Tab after: 0 pt + Indent at: 72 pt Formatted: Indent: Left: 45 pt, Hanging: 27 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 36 pt + Tab after: 0 pt + Indent at: 54 pt park, plaza, or other civic space. The required area of windows and doors on each street fagade fronting a Type "A" street, park, square, green, plaza, or other civic space as a percentage of that fagade shall be established in Table 4. The required minimum area of windows and doors on all other street facades (Type `B" Public Streets with the exception of alleys) may be reduced by 20% of the corresponding requirement along a Type "A" Public street fagade. Table 4 Building and Fagade Core Neighborhood Transition All principal building facades Ground floor facade Windows and doors Minimum 40% 30% 30% Maximum 90% 60% 60% Upper floor facade Windows and doors Minimum 25% 30% 30% Maximum 60% 60% 60% d. Darkly tinted windows and mirrored windows that block two -way visibility shall not be permitted along ground floor facades. e. All vertical mixed use and non - residential buildings shall have door openings spaced at no greater than 60 feet on the ground floor along all Type "A" streets, plazas, squares, or other civic spaces within the Mixed Use Core zone. 5. Architectural Design Standards. 4 a. To ensure compatibility of building types and to relate new buildings to they building traditions of the region, architectural design shall be regulated, governed, and enforced through architectural design standards proposed by the applicant. The applicant shall submit the proposed standards as a part of the concept plan application for all development in the MU. The Planning and Zoning Commission shall make a recommendation and is subject to the approval of the City Council at the time of Concept Plan. b. Architectural design standards for a proposed MU shall: i....._specify the materials and configurations permitted for openings, street furniture, and other elements; u..,._.be based on traditional building precedents from the region; iii,... include the following: architectural compatibility among structures neighborhood; human scale design; pedestrian use of the entire district; Formatted: Indent: Left: 45 pt, Hanging: 27 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 36 pt + Tab after: 0 pt + Indent at: 54 pt Formatted: Indent: Left: 72 pt, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 54 pt + Tab after: 72 pt + Indent at: 72 pt, Tabs: 90 pt, List tab + Not at 72 a - - Formatted: Indent: Left: 72 pt, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + walls, roofs,, Alignment: Left + Aligned at: 54 pt + Tab after: 72 pt + Indent at: 72 pt, Tabs: 90 pt, List tab + Not at 72 Formatted: Indent: Left: 90 pt, Hanging: 18 pt, Numbered + Level: within the 2 + Numbering Style: i, ii, iii, ... + Start at: 1 + Alignment: Left + Aligned at: 90 pt + Tab after: 119.25 pt + Indent at: 119.25 pt, Tabs: Not at 119.25 pt relationship to the street, to surrounding buildings, and to adjoining land uses; and special architectural treatment of gateways /civic buildings. All building frontages along public and private streets (with the exception of© Formatted: Indent: Left: 72 pt, alleys) shall break any flat, monolithic facades by including architectural Numbered + Level: 1 +Numbering elements such as bay windows, recessed entrances, or other articulations Style: a, b, c, ... +Start at: 1 + Alignment: Left +Aligned at: 54 pt (vertical and horizontal) so as to provide pedestrian interest along the street + Tab after: 72 pt + Indent at: 72 level fagade including discernible and architecturally appropriate features such pt, Tabs: 90 pt, List tab +Not at 72 pt as, but not limited to, porches, cornices, bases, fenestration, fluted masonry, bays, recesses, arcades, display windows, unique entry areas, plazas, courts, or other treatments to create visual interest, community character, and promote a sense of pedestrian scale. Expanses of blank walls exceeding 30 continuous feet are prohibited along all Type "A" streets and 50 continuous feet along all other streets except alleys. d. All buildings in the MU Zoning District shall be constructed with exterior® building materials and finishes of a quality to convey an impression of permanence and durability. Materials such as masonry, stucco, stone, terra cotta, ceramic tiles, and similar durable architectural materials are allowed and shall be approved with the Concept Plan for the district. Formatted: Indent: Left: 72 pt, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 54 pt + Tab after: 72 pt + Indent at: 72 pt, Tabs: 90 pt, List tab + Not at 72 pt Non - residential buildings and sites shall be organized to group the utilitarian- Formatted: Indent: Left: 72 pt, functions away from the public view of any street (with the exception of Numbered + Level: 1 +Numbering Style: a, b, c, ... + Start at: 1 + alleys). Delivery and loading operations, HVAC equipment, trash compacting Alignment: Left + Aligned at: 54 pt and collection, and other utility and service functions shall be incorporated + Tab after: 72 pt + Indent at: 72 into the overall design of the buildings and landscaping. The visual and pp_Tabs: 90 pt, List tab +Not at 72 acoustic impacts of all mechanical, electrical, and communications equipments (ground and roof - mounted) shall not be visible from adjacent properties and public streets, and screening materials and landscape screens shall be architecturally compatible with and similar to the building materials of the principal structures on the lot. 6. Location and Design of Off -Street Parking. 4 a. The applicant shall provide standards for the quantity of off -street parking® proposed in the district based on an analysis of the parking demand for the mix of uses proposed and availability of on -street parking in the district. Section 21.10.4 shall be used as a guide to establish the amount of parking required for uses proposed in the MU if the applicant does not specifically provide alternative standards. The City Council may establish the alternative parking standards proposed by the applicant in the ordinance establishing the district. b. Off-street parking (within surface parking lots) for all non - residential and mixed uses located along Type "A" Streets shall be limited to 35% or less of the block frontage and 75% or less on Type B Streets, arterial, collector, and highway frontage streets (see corresponding building frontage requirement). c. Any off-street surface parking area located adjacent to a street or a residential use shall be screened in the form of a landscape fence which is at least four feet (4') in height. Formatted: Indent: Left: 45 pt, Hanging: 27 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 36 pt + Tab after: 0 pt + Indent at: 54 pt Formatted: Indent: Left: 72 pt, Line spacing: single, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 90 pt + Tab after: 0 pt + Indent at: 108 pt Formatted: Indent: Left: 72 pt, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 90 pt + Tab after: 0 pt + Indent at: 108 pt d. A surface parking lot may not be adjacent to a street intersection or square, or occupy a lot that terminates a street vista. e. Shared parking facilities are encouraged for non - residential uses in the MU. b........ Bicycle parking shall be provided for non - residential uses, especially for schools, parks, trails, and other recreational facilities. Bicycle parking shall be provided at a rate of 5% of all off -street automobile parking spaces provided for non - residential and mixed uses in the district. Bicycle parking may be shared between uses and shall be centrally located, easily accessible, and visible from streets or parking lots. They may be located between the roadway and the building facades as long as their location does not impede pedestrian walkways. c. Any off -street parking provided for residential uses shall be located in such a manner as to minimize the impact of garages and driveways along the residential street. All residential lots that are less than 60 feet in width shall have off -street parking and/or garages accessed from alleys. All lots 60 feet and wider may have front loaded garages (pull- through garages), but in no case shall the width of the garage exceed 40% of the front fagade width of the entire building. In addition, the garage shall be set back at least three feet (3') from the front fagade of the home. Design of Automobile Related Site Elements (Drive Throughs, Gas Canopies, etc.) a Formatted: Indent: Left: 72 pt, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 54 pt + Tab after: 0 pt + Indent at: 72 pt a.........Drive- through lanes, drive up windows, service bays, and other auto - related© site elements shall not be located along or be visible from any Type "A" Public Street. b. _Along Type `B" Streets, no more than two drive - through lanes shall be permitted along that lot's street frontage. In addition, no more than 60% of the lot's frontage along a Type `B" Street shall be dedicated to auto - related site elements (see illustration below). c. Drive- through lanes shall be hidden behind a screening device (min. 4' in height) along the Type "B" street frontage. There shall be no limit to the number or frontage of drive - through lanes located along alleys. Formatted: Indent: Left: 45 pt, Hanging: 27 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 36 pt + Tab after: 0 pt + Indent at: 54 pt Formatted: Indent: Left: 72 pt, Hanging: 18 pt, Outline numbered + Level: 3 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 90 pt + Tab after: 0 pt + Indent at: 126 pt Image showing appropriate design of auto - related site elements d. ..All off -street loading, unloading, and trash pick -up areas shall be located- - Formatted: Indent: Left: 72 pt, along alleys only. Such uses may be located along Type "B" Streets only if Hanging: 18 pt, Outline numbered + the lot has no access to an alley. Any off -Street loading, unloading, or trash Level: 3 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + pick -up areas shall be screened in accordance with Section 21.9.7. Aligned at: 90 pt + Tab after: 0 pt + Indent at: 126 pt g of Parking Structures Formatted: Indent: Left: 45 pt, .........Design Hanging: 27 pt, Numbered + Level: a. All frontages of parking structures located on Type "A" Streets shall be lined g p g yp 1 +Numbering style: 1, 2, 3, ... + !Start at: 1 +Alignment: Left + by active commercial uses on the ground floor to a mimmum depth of 25'. Aligned at: 36 pt + Tab after: 0 pt + Indent at: 54 pt b........ Parking structure facades on all public streets (except alleys) shall be designed with both vertical (fagade rhythm of 20' — 30') and horizontal (aligning with horizontal elements in the block) articulation. Images showing appropriate design of parking structures c. _Where above ground structured parking is located at the perimeter of a building, it shall be screened in such a way that cars on all parking levels are not visible from adjacent buildings or the street. Parking garage ramps shall not be visible from any public street. Ideally, ramps shall not be located along the perimeter of the parking structure. Architectural screens shall be used to articulate the facade, hide parked vehicles, and shield lighting. 9. Civic /Open Space Standards. o- a. The provision of adequate and appropriate civic /open space areas shall be integral to all development in the district. The minimum requirement for civic /open space in the district is 10% of the gross area of the property(ies) proposed for rezoning under a single Conceptual or Development Plan which shall be dedicated open space and shall be included in the zoning change /development plan application for a proposed MU zoning district. b,.._The civic /open space provided shall be appropriately designed and scaled in© each of the district components. c..........The following criteria shall be used to evaluate the merits of proposed- civic/open spaces in the MU: i. The extent to which environmental elements preserved are considered as "features" or "focal points" and integrated into and prominently located as "front yards" in the development; adding value to the development; ii. The extent to which emphasis has been placed on preservation of existing wooded areas, view sheds, water bodies, topography, and stream corridors in a natural and contiguous state; iii. The extent to which pedestrian connectivity in the form of sidewalks, natural walking paths along stream and creek corridors has been addressed; and iv. The extent to which a range of open spaces have been provided to be contiguous with existing open spaces and to invite passive recreational uses from plazas and squares to playgrounds, parks and environmental preserves, appropriately organized within the respective MU component. d. _Open spaces may be in the form of pocket parks, children's play areas,© squares, linear greens, and environmental preserves. Active sports fields and structured recreational activities shall be limited to less than 10% of any parks located in the district. 10. 1 1 1 1 Landscaping Standards. .... The purpose of landscaping in the MU is to enhance pedestrian and open space areas, to help delineate active areas from passive areas, to provide a screening buffer between pedestrians and vehicular circulation, utility functions, and incompatible adjacent developments. Formatted: Indent: Left: 72 pt, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 3 + Alignment: Left + Aligned at: 54 pt + Tab after: 0 pt + Indent at: 72 pt Formatted: Indent: Left: 45.35 pt, Hanging: 27.35 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, + Start at: 1 + Alignment: Left + Aligned at: 36 pt + Tab after: 0 pt + Indent at: 54 pt Formatted: Indent: Left: 72 pt, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 162 pt + Tab after: 0 pt + Indent at: 180 Pt Formatted: Indent: Left: 72 pt, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 162 pt + Tab after: 0 pt + Indent at: 180 Pt Formatted: Indent: Left: 72 pt, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 162 pt + Tab after: 0 pt + Indent at: 180 Pt Formatted: Indent: Left: 72 pt, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 162 pt + Tab after: 0 pt + Indent at: 180 Pt Formatted: Indent: Left: 45 pt, Hanging: 27 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 36 pt + Tab after: 0 pt + Indent at: 54 pt Formatted: Indent: Left: 72 pt, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 36 pt + Tab after: 0 pt + Indent at: 54 pt b. The applicant shall submit a landscape concept plan in conjunction with the© zoning change and concept plan application. The landscape concept plan establishes the design direction and general schematics for all proposed landscaping including all aspects of the public realm such as street trees, plant/tree palette, streetscape treatments, pavement details, front yards, and medians; proposals for required parking lot landscaping, screening, design concepts for all open spaces, and lighting. c. Proposed landscaping shall meet the following standards: i. Be pedestrian oriented. ii. Designed in such a way to not create a security or physical hazard to pedestrians, bicyclists or motorists. iii. Enhance or complement the architectural design of the mixed -use development. iv. Provide visual interest year- round. Utilize water conservation methods and drought tolerant planting where possible. v. Shall be provided between parking lots and all adjacent sidewalks. vi. Meet the standards for Installation and Maintenance in Section 21.9.7 (C). vii. Propose a plant/tree palette that mostly includes native species. I......... APPLICATIONS AND DEVELOPMENT REVIEW PROCESS 1. An applicant requesting a rezoning to the MU shall submit an application that meets the requirements of this Section and Section 21.5. 10 (B) Application Requirements for a Planned Development District (PDD). 2. Processing of Application and Decision: shall meet the requirements of Section 21.5. 10 (C) for a Planned Development District (PDD). 3. The application shall submit a Conceptual and Development Plan that meets the requirements of Section 21.5. 10 (E) for a Planned Development District (PDD). In addition to the requirements of Section 21.5. 10 (E), the applicant shall also adequately demonstrate the compliance with the Development Standards within this Section. 4. The application for MU shall meet the standards in Section 21.5. 10 (F) Criteria for Approval and Section 21.5. 10 (G) Amendments for a Planned Development District (PDD). J. MODIFICATIONS Formatted: Indent: Left: 72 pt, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 36 pt + Tab after: 0 pt + Indent at: 54 pt ® Formatted: Indent: Left: 72 pt, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 36 pt + Tab after: 0 pt + Indent at: 54 pt The City Council may approve modifications to any established standards in the MU after a recommendation by the Planning and Zoning Commission based on unique site conditions and development context at the time of the application. In granting a modification, the City Council may impose any conditions that it deems necessary or desirable to protect the public interest and implement the goals of the City's Sector Plan with respect to mixed use. Formatted: Indent: Left: 18 pt, Hanging: 27 pt, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt Formatted: Indent: Left: 45 pt, Hanging: 27 pt, Space After: 0 pt, Numbered + Level: 4 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 144 pt + Tab after: 0 pt + Indent at: 162 pt Formatted: Indent: Left: 45 pt, Hanging: 27 pt, Numbered + Level: 4 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 144 pt + Tab after: 0 pt + Indent at: 162 pt Formatted: Indent: Left: 45 pt, Hanging: 27 pt, Numbered + Level: 4 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 144 pt + Tab after: 0 pt + Indent at: 162 pt Formatted: Indent: Left: 45 pt, Hanging: 27 pt, Numbered + Level: 4 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 144 pt + Tab after: 0 pt + Indent at: 162 pt Formatted: Indent: Left: 18 pt, Hanging: 27 pt, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt The Current UDC is hereby amended to add Section 21.5.15 concerning Design Overlay Districts (DO) as follows: Sec. 21.5.15 Design Overlay Districts (DO) A. Purpose and Intent The purpose of this section is to provide a set of Design Overlay Districts that correspond with existing zoning and establish a coherent character and encourage enduring and attractive development. B. Applicability Standards in this section apply in addition to standards in Article 9 Site Design Standards to the extent that the standards in Article 9 are not in conflict with standards in this section. In case of any conflicts, the stricter of the 2 standards shall apply. C. Overlay Districts Established: Four (4) Overlay Districts shall be established per this Section. 1. Purpose and Applicability a. Highway Commercial Overlay District (DOHC): The Highway Commercial Overlay District maintains land uses in the underlying current zoning. The Highway Commercial Overlay District is to be placed over I -10 and I -35 frontage where the underlying zoning is General Business (GB) zone. In addition, the Highway Commercial Overlay District shall apply to all properties with frontage on FM 78 as designated on Exhibit A. Development standards in this Overlay District are intended to take advantage of the visibility along the highway for more auto oriented development while transitioning towards a more pedestrian oriented frontage along the interior roads. Generally, this frontage type may accommodate large format retail or office sites with surface parking along the site's highway frontage. The goal is to minimize the impact of large, surface parking lots and discourage the "big box" look. In addition, the site shall be planned in such a manner as to facilitate a more urban block infill development pattern with respect to building pads, parking, driveways and service areas. b. Campus Commercial Overlay District (DOCC): The Campus Commercial Overlay District shall maintain the land uses in the current underlying zoning. However, the development standards for this Overlay District are intended to address development in areas marked as Campus Commercial in the North and South Schertz Framework Plans. Development standards in this district are intended to take advantage of the large and underutilized parcels with access to regional connectors. Generally, this district may accommodate large format office sites with surface parking within the interior of the lot/block and screened from public view along internal streets. The goal is to minimize the impact of large, surface parking lots and encourage the "office park" look. In addition, the site shall be planned in Formatted: Indent: Left: 72 pt, Hanging: 27 pt, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 126 pt + Tab after: 0 pt + Indent at: 144 pt Formatted: Indent: Left: 72 pt, Hanging: 27 pt, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 126 pt + Tab after: 0 pt + Indent at: 144 pt such a manner as to facilitate a more urban block infill development pattern with respect to building pads, parking, driveways, and service areas, when the market can accommodate it. Industrial Overlay District (DOI): The Industrial Overlay District maintains Formatted: Indent: Left: 72 pt, underlying uses from current zoning. The Industrial Overlay standards are Hanging: 27 pt, Numbered +Level: intended to implement the recommendations of the Schertz Downtown 2 + Numbering Style: a, b, c, ... + intended to allow both small incremental redevelopment and large Start at: 1 + Alignment: Left + redevelopment of industrial uses. In addition, the site shall be planned in Aligned at: 126 pt + Tab after: 0 pt such a manner as to locate buildings at corners of intersections to anchor +Indent at: 144 pt that intersection with mid block screened surface parking along the corridor. d. Downtown Overlay District (DOD): The Downtown Overlay District is Formatted: Indent: Left: 72 pt, intended to implement the recommendations of the Schertz Downtown Hanging: v pt, Numbered +Level: Revitalization Plan by establishing alternative development standards to 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + facilitate adaptive reuse of existing structures. Aligned at: 126 pt + Tab after: 0 pt + Indent at: 144 pt D. Standards in the Highway Commercial Overlay District 1. Building Design Standards a. The Building Design Standards and Guidelines for the Overlay Districts in North and South Sectors shall establish a coherent urban character and encourage enduring and attractive development. Development plans shall be reviewed by the Planning and Development Director or designee for compliance with the standards below. Buildings shall be located and designed so that they provide visual interest and create enjoyable, human scaled spaces. The following standards apply: i. v Buildings shall be oriented towards Primary Streets, where the lot has frontage along a Primary street. All other buildings shall be oriented towards the Secondary streets or Civic Spaces. If the lot does not front a Secondary Street or the Primary then it may front a Tertiary Street. ii. Primary entrance to buildings shall be located on the street along which the building is oriented. At intersections, corner buildings may have their primary entrances oriented at an angle to the intersection. All primary entrances shall be oriented to the public sidewalk for ease of pedestrian access. Secondary and service entrances may be located from internal parking areas or alleys. yi. Fagade Composition: a).. Building facades with Highway and Primary Street frontages shall be designed and built in tripartite architecture so that they have a distinct Base, Middle and Cap. b).. Storefronts on facades that span multiple tenants shall use architecturally compatible materials, colors, details, awnings, signage and lighting fixtures. c�Building entrances shall be defined and articulated by using at least one of the following architectural elements: lintels, pediments, Formatted: Indent: Left: 99 pt, Hanging: 27 pt, Numbered + Level: 1 + Numbering Style: i, ii, iii, ... + Start at: 1 + Alignment: Left + Aligned at: 180 pt + Tab after: 0 pt + Indent at: 216 pt a Formatted: Indent: Left: 126 pt, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 162 pt + Tab after: 0 pt + Indent at: 180 Pt pilasters, columns, porticos, porches, overhangs, railings, balustrades, and others as appropriate. d) At least one of the following shall be used on Primary and Highway frontage building facades: corner emphasizing architectural features, pedimented gabled parapets, cornices, awnings, blade signs, arcades, or colonnades and balconies vii. Design of Automobile Related Building Site Elements o- a)__Drive through lanes for commercial uses shall not be located along any Primary Street. Drive - through lanes shall be hidden behind a Street Screen along the Secondary Street frontage. b)..... No more than 75% of a lot's frontage along the Secondary Street frontage shall be occupied by gas pumps, canopies, and/or service bays. q) Any buildings associated with any automobile related use shall also have a pedestrian entrance at a Primary Street and/or a Secondary Street. d)......Outdoor storage of vehicles or other products sold shall not be permitted along Primary Streets. Along a Secondary Street, outdoor storage of vehicles or other products sold shall not exceed 75% of a lot's frontage along that street. There shall be no such limitation along the Highway frontage. However, any Highway Frontage with outdoor storage of vehicles or other products sold shall be screened with a 3' (min.) high Street Screen. The Street Screen shall be made up of: (i) the same material as the principal building or (ii) a living screen or (iii) a combination of the two. e) All off street loading, unloading, and trash pickup areas shall be located along Secondary Streets. Any off street loading, unloading, or trash pickup areas shall be screened using a Street Screen that is at least as tall as the trash containers and/or service equipment it is screening at the property line. The Street Screen shall be made up of: (i) the same material as the principal building or (ii) a living screen or (iii) a combination of the two. Formatted: Indent: Left: 99 pt, Hanging: 27 pt, Numbered + Level: 1 + Numbering Style: i, ii, iii, ... + Start at: 1 + Alignment: Left + Aligned at: 126 pt + Tab after: 0 pt + Indent at: 144 pt Formatted: Indent: Left: 126 pt, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 108 pt + Tab after: 0 pt + Indent at: 126 Pt Illustration showing the application of standards for automobile - related site elements 2. Streetscape Standards a. A landscaped yard of a minimum width of 20' shall be required on all lots Formatted: Indent: Left: 72 pt, with frontage along I -35 and I -10. A landscaped yard of a minimum width Hanging: 27 pt, Numbered +Level: of 15' shall be required on all lots with frontage along FM 78. 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + b. Landscaping required: Shade trees required per this section may be credited Aligned at: 72 pt + Tab after: 0 pt towards the shade trees required per Section 21.9.7 (E)(2). The following +Indent at: 90 pt plantings shall be required within the required yard per every 100' of linear frontage along the specific roadway: i. 3 shade trees ii. 6 ornamental trees, iii. 8 shrubs (shrubs may be waived if Perimeter Landscaping is provided per Section 21.9.7 (H)(2)), and iv. Ground cover, ornamental grasses, or turf grasses for the remaining unpaved areas C. A six (6) foot sidewalk shall be required along the specified frontages unless ® Formatted: Indent: Left: 72 pt, a greater width facility (sidewalk or hike and bike trail) is required per Hanging: pt, Numbered +Level: j Section 21.14.6. Such a facility may be placed within the required 20 yard 1 +Numberi ng Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 72 pt + Tab after: 0 pt E. Standards in the Campus Commercial and Industrial Overlay Districts +Indent at: 90 pt 1. Building Form, Orientation, and Massing: a. Buildings shall be oriented towards Primary Streets with primary entrances ° Formatted: Indent: Left: 72 pt, along such streets if the building has frontage along a Primary Street. Hanging: 27 pt, Numbered +Level: b. Building entrances shall be defined and articulated by at least one of the 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + following architectural elements: lintels, pediments, pilasters, columns, Aligned at: 162 pt + Tab after: 0 pt j porticos, porches, overhangs, railings, balustrades, and others as appropriate. +Indent at: 180 pt C. Roof forms shall be simple, flat roofs with a continuous parapet. Roof mounted equipment shall be screened from view of any adjacent public street with an enclosure of the same material and color as the primary Formatted: Indent: Left: 36 pt, building material. g Hanging: 36 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 2 + Alignment: Left + 2 Design of Automobile Related Building Site Elements g g © Aligned at: 71.7 pt + Tab after: 0 pt + Indent at: 89.7 pt a. Drive - through lanes for commercial uses shall not be located along any Primary Street. Drive through lanes shall be hidden behind a Street Screen along the Secondary Street frontage. b. No more than 75% of a lot's frontage along the Secondary Street frontage shall be occupied by gas pumps, canopies, and/or service bays. C. Any buildings associated with any automobile related use shall also have a pedestrian entrance at a Primary Street and/or a Secondary Street. d. Outdoor storage of vehicles or other products sold shall not be permitted along Primary Streets. Along a Secondary Street, outdoor storage of vehicles or other products sold shall not exceed 75% of a lot's frontage along that street. There shall be no such limitation along the Highway frontage. However, any Highway Frontage with outdoor storage of vehicles or other products sold shall be screened with a 3' (min.) high Street Screen. The Street Screen shall be made up of: (i) the same material as the principal building or (ii) a living screen or (iii) a combination of the two. C. All off street loading, unloading, and trash pickup areas shall be located along Secondary Streets. Any off street loading, unloading, or trash pickup areas shall be screened using a Street Screen that is at least as tall as the trash containers and/or service equipment it is screening at the property line. The Street Screen shall be made up of: (a) the same material as the principal building or (b) a living screen or (c) a combination of the two. Illustration showing the application of standards for automobile - related site elements Streetscape Standards a. _A landscaped yard of a minimum width of 20' shall be required on all lots with frontage along I -35 and I -10. b. Landscaping required: Shade trees required per this section may be credited towards the shade trees required per Section 21.9.7 (E)(2). The following plantings shall be required within the required yard per every 100' of linear frontage along the specific roadway: i. 3 shade trees ii. 6 ornamental trees, Formatted: Indent: Left: 72 pt, Hanging: 27 pt, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 126 pt + Tab after: 0 pt + Indent at: 144 pt iii. 8 shrubs (shrubs may be waived if Perimeter Landscaping is provided per Section 21.9.7 (H)(2)), and iv. Ground cover, ornamental grasses, or turf grasses for the remaining unpaved areas C. A six (6) foot sidewalk shall be required along the specified frontages unless - a greater width facility (sidewalk or hike and bike trail) is required per Section 21.14.6. Such a facility may be placed within the required 20' landscaped yard F. Downtown Overlay District Downtown Schertz, specifically Main Street, has an existing character that should be preserved by rehabilitation of existing buildings. In addition, new and infill construction in the district shall reflect the character of the district during its period of significance. The key design principles establish essential goals for development in the Downtown Schertz to ensure the preservation, sustainability, and visual quality of this special environment. Buildings shall be located and designed so that they provide visual interest and create enjoyable, human- scaled spaces. The key design principles are: ... Building facades must include appropriate architectural details and ornament to create, variety and interest. Buildings shall be built to, or close to, the sidewalk to define and enhance the pedestrian environment of Main Street between Schertz Parkway and E. Aviation Blvd. _Open space(s) and civic spaces shall be incorporated to provide usable public areas integral to the downtown environment. 1. Applicability: The standards in this section (Downtown Overlay District) shall® apply to properties zoned GB and R -2 as delineated in Exhibit A. The standards in Highway Commercial Overlay District shall apply to the properties located along FM 78 and as delineated in Exhibit A. For existing buildings, the following standards shall apply only to the extent that exterior modifications can be feasible made without triggering compliance with all city ordinances. Nothing in this section shall prevent existing residential structures from being adaptively reused to accommodate commercial uses provided the use is permitted in the underlying zoning district. Formatted: Indent: Left: 72 pt, Hanging: 27 pt, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 126 pt + Tab after: 0 pt + Indent at: 144 pt Formatted: Indent: Left: 36 pt, Bulleted + Level: 1 + Aligned at: 27 pt + Tab after: 0 pt + Indent at: 45 Pt Formatted: Indent: Left: 36 pt, Hanging: 27 pt, Numbered + Level: 3 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 99 pt + Tab after: 0 pt + Indent at: 117 pt Exhibit A: Downtown Overlay District Boundaries a Formatted: Indent: Left: 36 pt, Hanging: 27 pt, Numbered + Level: 3 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 99 pt + Tab after: 0 pt + Indent at: 117 pt 2. _Development Standards a.v Dimensional and Development Standards: The Dimensional and Development Standards in Table 21.9.15A shall apply in lieu of the Standards established in Sec. 21.5.7 for the GB and R -2 Zones within the Downtown Overlay District: Table 21.9.15A DIMENSIONAL REQUIREMENTS Minimum Lot Size Yard Setback (ft) Misc. Lot Req's Dimensions Zoning District Area, Lot Width, & Front Rear Rear Side Side P'king Max. Max. Key Lot Depth (NR) (R) (NR) (R) (min.) Ht Imperv. (ft.) Cover GB- General None 5 0 (min.) 10 10 0 1 per 120 80% b, c, Business (min.) (min.) (min.) (min) 500 d, e 25 sq.ft. (max.) for all uses R -2 Single None 5 10 10 10 10 35 80% b, c, Family (min.) (min.) (min.) (min.) (min.) d Residential -2 25 (max.) b. Uses may require a Specific Use Permit. The City of Schertz will follow the o- F guidelines outlined in the Air Installation Compatible Use Zone (AICUZ) study for " Randolph Air Force Base. s C. No variances may be permitted to exceed the maximum impervious cover A limitations + d. Refer to Sec 21.9.15 for additional design requirements e. Zero foot (0') minimum setbacks shall also meet fire separation requirements 3. Design Standards: The following design standards shall provide property owners,® developers, city staff, and decision makers adequate design guidance for retrofitting existing buildings and for new commercial and mixed use buildings. Existing residential buildings converted to accommodate commercial uses a. Location and Orientation on the lot i To the extent possible, buildings shall be oriented towards Main Street with the primary entrance located on that street. All primary entrances shall be oriented to the public sidewalk for ease of pedestrian access. ormatted: Indent: Left: 9 pt, anging: 27 pt, Numbered + Level: + Numbering Style: a, b, c, ... + tart at: 1 + Alignment: Left + ligned at: 54 pt + Tab after: 0 pt Indent at: 72 pt Formatted: Indent: Left: 36 pt, Hanging: 27 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 2 + Alignment: Left + Aligned at: 71.7 pt + Tab after: 0 pt + Indent at: 89.7 pt Formatted: Indent: Left: 67.5 pt, Numbered + Level: 4 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 126 pt + Tab after: 0 pt + Indent at: 144 Pt Formatted: Indent: Hanging: 22.5 pt, Numbered + Level: 1 + Numbering Style: i, ii, iii, ... + Start at: 1 + Alignment: Left + Aligned at: 90 pt + Tab after: 0 pt + Indent at: 108 pt Variatia 11 111 Image showing primary and secondary entrances to buildings on Main Street. b. Facade Composition i ...... building's massing shall serve to define entry points and help orient pedestrians. 4. Non - residential and mixed use buildings, to the extent practicable, shall maintain a twenty -five feet (25') to thirty - five feet (35') building facade widths or multiples thereof. iii _Variations in the rhythms within individual building facades shall be achieved within any block of building facades with architectural elements such as bays, columns, doors, windows, etc. iv Breaks in the predominant rhythm may also be used to reinforce changes in massing and important elements such as building entrances, terminated vistas, or corner sites. v _Porches, stoops, eaves, awnings, blade signs, arcades, colonnades and balconies should be used along buildings and they may protrude beyond the setback line provided that they do not inhibit pedestrian movement within the public right -of -way. Balconies shall have external bottom supports. features Building massing used to emphasize entrances ® Formatted: Indent: Left: 63 pt, ® Numbered + Level: 4 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 126 pt + Tab after: 0 pt + Indent at: 144 Pt Formatted: Indent: Left: 81 pt, Numbered + Level: 2 + Numbering Style: i, ii, iii, ... + Start at: 1 + Alignment: Left + Aligned at: 126 pt + Tab after: 0 pt + Indent at: 144 Pt line c. Architectural Elements and Storefronts. An expression line or equivalent architectural element shall delineate divisions between floors of all buildings, and a cornice shall delineate the tops of facades that do not utilize a pitched roof. For retail storefronts, a transom, display window area and bulkhead at the base shall be utilized. i_i. Building entrances may be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticos, porches, overhangs, railings, balustrades, and others as appropriate. All building elements should be compatible with the architectural style, materials, colors, and details of the building as a whole. Entrances to upper level uses may be defined and integrated into the design of the overall building facade. iii .Roofs. Flat roofs enclosed by parapets or sloped roofs shall be used to screen rooftop mechanical equipment. Mansard a Formatted: Indent: Left: 63 pt, © Numbered + Level: 4 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 126 pt + Tab after: 0 pt + Indent at: 144 Pt Formatted: Indent: Left: 81 pt, Hanging: 18 pt, Numbered + Level: 2 + Numbering Style: i, ii, iii, ... + Start at: 1 + Alignment: Left + Aligned at: 162 pt + Tab after: 0 pt + Indent at: 198 pt © Formatted: Indent: Left: 81 pt, Hanging: 18 pt, Numbered + Level: 2 + Numbering Style: i, ii, iii, ... + Start at: 1 + Alignment: Left + Aligned at: 162 pt + Tab after: 0 pt + Indent at: 198 pt roofs and flat membrane -type roofs that are visible are prohibited. iv. _Doors and Windows. Generally, windows shall be oriented vertically, and bay windows shall have external bottom supports. Dormer windows shall also be vertically proportioned and slightly shorter than the windows below. In order to provide clear views of merchandise and perceived connections. v. Transparency Required. For all new buildings, the street - level floor along Main Street shall have transparent storefront windows covering no less than fifty percent (50 %) of the faeade area. Each floor of all building faeades facing a street or plaza shall contain transparent windows covering at least fifteen percent (15 %) of the faeade area. Ground floor retail building plate heights shall be at least fifteen feet (12') in height. yi. Storefronts. Retailers located at the street level shall primarily use storefronts to orient and advertise merchandise to customers. Retail buildings shall provide street -level pedestrian- oriented uses at the ground floor level. Storefronts on facade treatments that span multiple tenants shall use architecturally compatible materials, colors, details, awnings, signage, and lighting fixtures. 9. Article 16 Definitions of the Current UDC is amended to add the following: Accessory Dwelling Unit A residential dwelling unit, but not a mobile home, located on the same lot as a single - family dwelling unit either within the same building as the single family dwelling unit or in a detached unit or in a detached building. Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, .. . + Start at: 1 + Alignment: Left + Aligned at: 54 pt + Tab after: 0 pt + Indent at: 72 pt, Don't adjust space between Latin and Asian text Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, .. . + Start at: 1 + Alignment: Left + Aligned at: 54 pt + Tab after: 0 pt + Indent at: 72 pt Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, .. . + Start at: 1 + Alignment: Left + Aligned at: 54 pt + Tab after: 0 pt + Indent at: 72 pt Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 3 + Alignment: Left + Aligned at: 67.5 pt + Tab after: 0 pt + Indent at: 85.5 pt Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 117 pt + Tab after: 0 pt + Indent at: 13 5 pt Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 3 + Alignment: Left + Aligned at: 67.5 pt + Tab after: 0 pt + Indent at: 85.5 pt Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, .. . + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, .. . + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, .. . + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, .. . + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, .. . + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, .. . + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, .. . + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, .. . + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt Indent: Left: 18 pt, Hanging: 9 pt, Numbered + Level: 2 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 54 pt + Tab after: 0 pt + Indent at: 72 pt Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, .. . + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt Page 23: [17]', Formatted B34422 7/3/2013 9:28:00 AM Indent: Left: 13.5 pt, Hanging: 9 pt, Numbered + Level: 2 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 54 pt + Tab after: 0 pt + Indent at: 72 pt Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, .. . + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt Page 23: [19]', Formatted B34422 7/3/2013 9:28:00 AM Indent: Left: 0 pt, Hanging: 13.5 pt, Numbered + Level: 1 + Numbering Style: a, b, c, .. . + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt Indent: Left: 18 pt, Hanging: 27 pt, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt Indent: Left: 45 pt, Hanging: 27 pt, Numbered + Level: 2 + Numbering Style: 1, 2, 3, .. . + Start at: 1 + Alignment: Left + Aligned at: 72 pt + Tab after: 0 pt + Indent at: 90 pt Indent: Left: 72 pt, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 18 pt + Tab after: 0 pt + Indent at: 36 pt �i IVA IZ CITY OF SCHERTZ AMENDED AND RESTATED UNIFIED DEVELOPMENT CODE Adopted by Ordinance N Subsequent Amending Ordinances pursuant to section 21.4.7.c.4 of this UDC: No. 10` -S -11 (May 18, 2010) 10 -S -28 (September 28, 2010) 10 -S -29 (September 28, 2010) No. 11 -S -15 (May 24, 2011) pursuant to section 21.4.7.E of this UDC: None 50307818.3 [This page intentionally left blar, Formatted: DocInfo � 0307818.35007�.. .0305 7818.3` 918-3 1 TABLE OF CONTENTS Article1 General Provisions ................................................................ ............................1 -1 Sec. 21.1.1 Short Title ................................................................... ............................1 -1 Sec. 21.1.2 Purpose and Intent .................................................... ............................... 1 -1 Sec. 21.1.3 Authority ..................................................................... ............................1 -1 Sec. 21.1.4 Jurisdiction .................................................................. ............................1 -2 Sec. 21.1.5 Consistency with Comprehensive Land Plan ......... ............................1 -3 Sec. 21.1.6 Vested Rights "Issuance of Local Permits .. ........ ............................1 -6 Sec. 21.1.7 Apportionment of Municipal Infrastructure Costs .................................. 1 -6 Sec. 21.1.8 Minimum Requirements ....................... ......... ......... ..... ......... 1 -6 Sec. 21.1.9 Effective Date ............................... ......... ____ ..................................... 1 -7 Sec. 21.1.10 Severability .... ............................... ......... ........ ......... ...............1 -7 Sec. 21.1.11 Violations and Penalties ... .......... ......... ......... . ............................1 -7 Sec. 21.1.12 Validity ............................ ........ ........ ......... ............................1 -8 Article 2 Official Maps .................. ......... ........ ........ ............. ............................2 -1 Sec. 21.2.1 Official Zoning Map...'.... ..... — . ......... ............. ............................2 -1 Sec. 21.2.2 District Boundary Interpretation ... .......................... ............................2 -2 Article 3 Boards, Commissions and Committees . .......................... ............................3 -1 Sec. 21.3.1 General Provisions ........ ....................................... ............................3 -1 Sec. 21.3.2 City Council ......... ......... .................................... ............................... 3 -3 Sec. 21.3.3 Planning and Zoning Commission ........................... ............................... 3 -4 Sec. 21.3.4 Board of Adjustment ................................................ ............................... 3 -5 Sec. 21.3.5 Administrative Authority ....................................... ............................... 3 -10 Sec. 21.3.6 Other Boards, Conunissions and Committees ....... ............................... 3 -12 Article 4 Procedures and Applications ............................................ ............................... 4 -1 Sec. 21.4.1 Purpose and Intent ....................................................... ............................4 -1 Sec. 21.4.2 Initiation of Application ........................................... ............................... 4 -1 Sec. 21.4.3 Notice Requirements ................................................ ............................... 4 -3 Sec. 21.4.4 Public Hearings ........................................................... ............................4 -3 Sec. 21.4.5 Post- Decision Procedures ........................................ ............................... 4 -5 Sec. 21.4.6 Comprehensive Land Plan Amendment .................. ............................... 4 -6 Sec. 21.4.7 Unified Development Code Amendment ................. ............................... 4 -9 Formatted: D.d.fo .0305 7818.3` 918-3 1 Sec. 21.4.8 Annexation ................................................................. ...........................4 -10 Sec. 21.4.9 Designation of Historic Landmarks, Creation of Historic Districts and Certificates of Appropriateness ........................... ........................... 4 -12 Sec. 21.4.10 Development Agreements ...................................... ............................... 4 -13 Sec. 21.4.11 Utility Service Extension ........................................... ...........................4 -15 Sec. 21.4.12 Variances .................................................................... ...........................4 -17 Sec. 21.4.13 Reserved ..................................................................... ...........................4 -19 Sec. 21.4.14 Appeals .......... ............................... ........ ........ .........................4 -19 Sec. 21.4.15 Public Infrastructure Improvement Construction Plans and Community Facilities Agreements ......... ......... ......._. .............4 -21 Sec. 21.4.16 Building Pen-nits ........................... ........ ......... ......... ........;.... 4 -27 Article 5 Zoning Districts ........ ............................... ......... ...................... ...............5 -1 Sec. 21.5.1 Purpose and Applicability .......................... ........ ......... ............... 5 -1 Sec. 21.5.2 Zoning Districts Established; Limitations on R -6 and R- 7 ..................... 5 -1 Sec. 21.5.3 Initial Zoning Upon Annexation ............................................................. 5 -2 Sec. 21.5.4 Zoning Change /Zoning Map Amendment : ......... ............................... 5 -2 Sec. 21.5.5 Statement of Purpose and Intent for Residential Districts ...................... 5 -6 Sec. 21.5.6 Statement of Purpose and Intent for Nonresidential Districts ................ 5 -9 Sec. 21.5.7 Dimensional and Developmental Standards .......... ............................... 5 -10 Sec. 21.5.8 Permitted Use Table......... ... ............................... ............................... 5 -14 Sec. 21.5.9 Special Districts ... ......... .................................. ............................... 5 -20 Sec. 21.5. 10 Planned Development District ............................... ............................... 5 -21 Sec. 21.5.11 Specific Use Permit ( SUP) ..................................... ............................... 5 -26 Article 6 Manufactured Homes and RV Parks .................................. ............................6 -1 Sec. 21.6.1 Manufactured Home Subdivisions .............................. ............................6 -1 Sec. 21.6.2 Manufactured Home Parks ...................................... ............................... 6 -4 Sec. 21.6.3 Recreational Vehicle (RV) Parks ........................... ............................... 6 -10 Article 7 Nonconforming Uses, Lots and Structures ......................... ............................7 -1 Sec. 21.7.1 Purpose and Intent .................................................... ............................... 7 -1 Sec. 21.7.2 Nonconforming Status ............................................. ............................... 7 -1 Sec. 21.7.3 Continuing Lawful Use of Land and Structures ...... ............................... 7 -1 Sec. 21.7.4 Expansion of Nonconforming Uses and Structures . ............................... 7 -2 Formatted: DocInfo Sec. 21.7.5 Abandonment of Nonconforming Uses and Structures, and Cessation of Use of Structures or Land ................... ............................... 7 -2 Sec. 21.7.6 Substitution of Nonconforming Uses ....................... ............................... 7 -3 Sec. 21.7.7 Reconstruction or Repair of Nonconforming Structure .......................... 7 -3 Sec. 21.7.8 Relocation of Nonconforming Structure .................. ............................... 7 -4 Sec. 21.7.9 Nonconforming Lots ................................................... ............................7 -4 Sec. 21.7. 10 Validation .................................................................... ............................7 -4 Article 8 Special Uses and General Regulations ............................. ............................8 -1 Sec. 21.8.1 Secured (Gated Communities) ...... ......... ......... ............................ 8 -1 Sec. 21.8.2 Accessory Buildings, Uses and Structures. ......... ................ 8 -3 Sec. 21.8.3 Carports, Porte - Cocheres .............. ......... ......... ......... .............. 8 -5 Sec. 21.8.4 Home Occupations ........................ ......... ...................... ............... 8 -6 Sec. 21.8.5 Reserved ............................................................::..::.::. ............................8 -9 Sec. 21.8.6 Telecommunications Antennas.... : ....................... ............................. 8 -9 Sec. 21.8.7 Temporary Structures ....... ......... ......•••_ .......::... ...........................8 -20 Sec. 21.8.8 Decks — Attached to Principal Building ................................................ 8 -21 Sec. 21.8.9 Outdoor Display and Storage ........ ..................... ............................... 8 -22 Article 9 Site Design Standards ....................................................................................... 9 -1 Sec. 21.9.1 General Design Standards ........................................ ............................... 9 -1 Sec. 21.9.2 Blocks ..... ......... ......... .................................... ............................... 9 -2 Sec. 21.9.3 Lots ................::........................................................ ............................... 9 -2 Sec. 21.9.4 Monuments and Lot Markers ................................... ............................... 9 -3 Sec. 21.9.5 Exterior Construction and Design Standards ........... ............................... 9 -4 Sec. 21.9.6 Reserved ...................................................................... ............................9 -5 Sec. 21.9.7 Landscaping ............................................................. ............................... 9 -5 Sec. 21.9.8 Screening and Fencing ........................................... ............................... 9 -17 Sec. 21.9.9 Tree Preservation and Mitigation ........................... ............................... 9 -22 Sec. 21.9. 10 Park and Open Space Dedication Requirements ... ............................... 9 -29 Sec. 21.9.11 Lighting and Glare Standards ................................ ............................... 9 -38 Sec. 21.9.12 Site Plan Process .................................................... ............................... 9 -41 Article 10 Parking Standards ............................................................... ...........................10 -1 Sec. 21.10.1 Purpose ....................................................................... ...........................10 -1 Sec. 21.10.2 General Provisions ................................................. ............................... 10 -1 Formatted: D.d.fo .0305 7818.3` 918-3 _.111 Sec. 21.10.3 Size of Space .............................................................. ...........................10 -2 Sec. 21.10.4 Schedule of Off - Street Parking Requirements ........... ...........................10 -4 Sec. 21.10.5 Striping ....................................................................... ...........................10 -6 Sec. 21.10.6 Shared Access and Cross Lot Access Easements ...... ...........................10 -6 Sec. 21.10.7 Stacking Requirement for Drive - Through Facilities . ...........................10 -6 Sec. 21.10.8 Off - Street Loading/Unloading Requirements ............ ...........................10 -7 Sec. 21.10.9 Additional Regulations and Illustrations ................... ...........................10 -8 Article 11 Signs and Advertising Devices ............... ........ ........ ..........................11 -1 Sec. 21.11.1 Purpose ........... ............................... ......... ........ ..........................11 -1 Sec. 21.11.2 Applicability .. ............................... ......... ..'..... .....___ ......... ''..... 11 -1 Sec. 21.11.3 Administration .............................. ........ ......... ........: ........`.....11 -1 Sec. 21.11.4 General Requirements ................... ......... ......... .......................... 11 -3 Sec. 21.11.5 Exempted Signs ............................. ......... ......... ......... .............11 -5 Sec. 21.11.6 Prohibited Signs ............... ......... ................. ..........................11 -6 Sec. 21.11.7 Removal of Signs. ......... ......... ........ ........... ...........................11 -9 Sec. 21.11.8 General Sign Provisions...' ........ . ......... ........... ..........................11 -11 Sec. 21.11.9 Wall Signs ........ . ........ ......... ........................ ..........................11 -12 Sec. 21.11.10 Freestanding Ground Signs ......... ........................ ..........................11 -13 Sec. 21.11.11 Monument Signs .. .................................................. ..........................11 -14 Sec. 21.11.12 Multi tenant Signs ......... ..................................... ..........................11 -15 See. 21.11.13 Electronic Signs ... .................................................. ..........................11 -17 Sec. 21:.11.14 Directional Signs .................................................. ............................... 11 -18 Sec. 21.11.15 Subdivision Entry Signs .................. Sec. 21.11.16 Price-Per-Gallon Display ................ Sec. 21.11.17 Temporary Signs ............................. Sec. 21.11.18 Development Signs ......................... Sec. 21.11.19 Real Estate Signs .............................. Sec. 21.11.20 Banners over Public Rights -of -Way Sec. 21.11.21 Nonconforming Signs ...................... Sec. 21.11.22 Licenses ............. ............................... Sec. 21.11.23 Violations .......... ............................... Article 12 Subdivisions ................. ............................... Sec. 21.12.1 Purpose and Applicability ................ ...................... ..........................11 -19 ...................... ..........................11 -19 ...................... ..........................11 -20 ...................... ..........................11 -21 ...................... ..........................11 -22 ...................... ..........................11 -22 ...................... ..........................11 -23 ...................... ..........................11 -24 ...................... ..........................11 -28 ...................... ...........................12 -1 ....................... ...........................12 -1 .0305 7818.3` 918-3 _. iv Formatted: DocInfo Sec. 21.12.2 General Provisions ................................................. ............................... 12 -1 Sec. 21.12.3 Pre - Application Conference ................................... ............................... 12 -3 Sec. 21.12.4 Application Required ................................................. ...........................12 -4 Sec. 21.12.5 Subdivision Master Plan ........................................ ............................... 12 -4 Sec. 21.12.6 Subdivision Master Plan Process ........................... ............................... 12 -7 Sec. 21.12.7 Preliminary Plat ........................................................ ..........................12 -10 Sec. 21.12.8 Preliminary Plat Process ...................................... ............................... 12 -10 Sec. 21.12.9 Final Plat ........ ............................... ........ ........ ........................12 -13 Sec. 21.12. 10 Final Plat Process .......................... ......... ........ ........................12 -14 Sec. 21.12.11 Minor Plat Process ........................ ......... ................... .......... ..12 -17 Sec. 21.12.12 Amending Plat Process ................. ........ ......... ......... ........`...12 -19 Sec. 21.12.13 Replat Process ............................... ......... ......... ........................12 -22 Sec. 21.12.14 Reserved ........................... ...................... ........ ......... ...........12 -25 Sec. 21.12.15 Waivers ............................. ............ .......................... . .......................... 12 -25 Article 13 Land Disturbing Activities and Drainage ........ ......... ..........................13 -1 Sec. 21.13.1 Clearing and Grading....... ......... ......... ............ ...........................13 -1 Sec. 21.13.2 Drainage ................................................................................................ 13 -1 Sec. 21.13.3 Stormwater Management Plan ............................................................ 13 -24 Article 14 Transportation .. ......... .................................................. ...........................14 -1 Sec. 21.14.1 Streets ...... ......... ......... ...................................... ...........................14 -1 Sec. 21.14.2 Criteria and Design ............................................... ............................... 14 -7 Sec. 21.14.3 Additional Design Requirements ........................... ............................... 14 -7 Sec. 21.14.4 Alleys ...... ............................................................... ...........................14 -9 Sec. 21.14.5 Driveways ............................................................... ...........................14 -9 Sec. 21.14.6 Sidewalks and Hike and Bike Trails .................... ............................... 14 -10 Sec. 21.14.7 Traffic Impact Analysis ............................................ ..........................14 -12 Article 15 Easements and Utilities ........................................................ ...........................15 -1 Sec. 21.15.1 Easements .................................................................. ...........................15 -1 Sec. 21.15.2 Water Systems ........................................................... ...........................15 -1 Sec. 21.15.3 Wastewater Systems .................................................. ...........................15 -4 Sec. 21.15.4 Utilities ....................................................................... ...........................15 -5 Article 16 Definitions ............................................................................. ...........................16 -1 Formatted: DocInfo .0305 7818.3` 918-3 V Tables 21.5.2 Zoning District Names .......................................................... ............................5 -1 21.5.7A Dimensional Requirements — Residential Zoning District .......................... 5 -11 21.5.713 Dimensional Requirements — Non - Residential Zoning .... ...........................5 -12 21.5.8 Permitted Uses by Zoning District ................................. ............................... 5 -15 21.8.6 Antenna Facility Siting Matrix ........................................... ...........................8 -17 21.8.9 Permitted Outdoor Display and Storage ....................... ............................... 8 -22 21.9.7A Approved Shade Trees ........................................................ ...........................9 -11 21.9.713 Approved Ornamental, Evergreen and Palm Trees ...... ..........................9 -12 21.9.7C Approved Shrubs, Vines, Perennials and Ground Cover ..........................9 -13 21.9.71) Approved Ornamental Grasses ............. ......... .......... ......... ............. 9 -16 21.9.7E Approved Turf Grasses .......................... ......... ..................... .............9 -16 21.9.717 Undesirable Trees ................................................................ ...........................9 -16 21.9.9 Exempted Trees ........................... ......... ...................... ..........................9 -23 21.10.3 Minimum Number of Handicap Accessible Parking Spaces ......................10 -3 21.10.4 Schedule of Off - Street Parking Requirements .. ............ ...........................10 -4 21.10.8 Off - Street Loading Requirements......... . ......................... ...........................10 -7 21.11.9 Maximum Area of Wall Signs .... ......... ........................ ..........................11 -12 21.11.10A Maximum Height of Freestanding Ground Signs ............ ..........................11 -14 21.11.10B Maximum Area of Freestanding Ground Signs ............... ..........................11 -14 21.11.12 Maximum Height of Multi- tenant Signs ........................... ..........................11 -16 21.11.17A Maximum Area of Temporary Signs ................................ ..........................11 -20 21.11.17B Maximum Height of Temporary Signs ............................. ..........................11 -21 21.13.2A Runoff Coefficients (C) Percentage .................................... ...........................13 -5 21.13.213 Runoff Coefficients (C) Percentage .................................... ...........................13 -5 21.13.2C Rainfall Intensities (inches /hour) ....................................... ...........................13 -6 21.13.21) SCS Curve Number by Soil Type ....................................... ...........................13 -8 21.13.2E Percent Impervious Cover by Land Use ............................ ...........................13 -8 21.13.217 Design Rainfall Values (inches) .......................................... ...........................13 -9 21.13.2G Manning's Roughness Coefficient ..................................... ..........................13 -10 21.13.211 Velocity Control .................................................................. ..........................13 -19 21.13.2I Drainage Freeboard for Concrete Lined and Earth Channels for Twenty -Five Year Storm .................. ..........................13 -21 Formatted: DocInfo .0305 7818.3` 918-3 _ _. Vi 21.14.1 Street Improvement Standards 21.14.7A TIA Requirements .................... 21.14.7B TIA Study Areas ....................... ............14 -5 ..........14 -12 ..........14 -13 Formatted: DocInfo .0305 7818.3` 918-3 _.Vii Article I — General Provision ........................................ ............................... Schertz Unified Development Code Article 1 General Provisions Sec. 21.1.1 Short Title Chapter 21 of the City of Schertz Code of Ordinances shall be known and may be cited as the Unified Development Code of the City of Schertz, Texas or simply as the Unified Development Code or the UDC. Sec. 21.1.2 Purpose and Intent This UDC is adopted to: • protect, promote, improve and provide for the public health, safety and general welfare of the citizens of the City; • ensure the safe, orderly and efficient development and expansion of the City in accordance with and pursuant to its Comprehensive Land Plan; • conserve, develop, protect and utilize natural_ resources, in keeping with the public interest; • prevent the overcrowding of land and avoid undue concentration or diffusion of population; • protect and conserve the value of land throughout the City and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings; • provide for open space; • minimize pollution of air and water, assure the adequacy of drainage facilities, safeguard water resources and preserve the integrity and aesthetic quality of the • lessen congestion in the streets and provide convenient, safe and efficient circulation for vehicular and pedestrian traffic; and • facilitate the adequate and efficient provision of transportation, water, wastewater, schools, parks, public safety and recreational facilities, and other public facilities and services. Sec. 21.1.3 Authority This UDC is adopted pursuant to the powers granted to the City and subject to any limitations imposed by the constitution and other laws of the State of Texas and the City Charter. Formatted: DocInfo Article I — General Provision ........................................ ............................... Schertz Unified Development Code Sec. 21.1.4 Jurisdiction The provisions of this UDC apply to all property within the corporate limits of the City and generally to all lands subject to its jurisdiction as conferred by State law. A. Jurisdiction within City Limits The City has the statutory authority to exercise a broad range of powers within its corporate boundaries and its extraterritorial jurisdiction. Many of those powers are specifically authorized by Chapters 211, 212, and 216 of Texas Local Government Code, as amended (LGC). Pursuant to such authority, all sections of the UDC shall apply to all areas within the City limits of Schertz. All structures, land uses, businesses, subdivisions, or property = development constructed or commenced after the effective date of this UDC and all enlargements of, additions to, changes in, reductions to or relocations of existing structures, land uses, businesses, subdivisions, or property developments occurring after the effective date of this UDC are therefore subject thereto. B. Jurisdiction within Extraterritorial Jurisdiction The City extends to its extraterritorial jurisdiction (ETJ) the regulation of subdivisions and property development adopted under LGC Chapter 212. The City also extends to its ETJ the authority to regulate signage as adopted under LGC Chapters 216, 245, and 43. However, unless otherwise authorized by State law, within its ETJ, the City may not regulate: 1. the use of any building or property for business, industrial, residential, or other purposes; 2. the bulk, height, or number of buildings constructed on a particular tract of land; 3. the size of a building that can be constructed on a particular tract of land, including without limitation any restriction on the ratio of building floor space to the land square footage; residential units that can be built per acre of land; or type, or method of construction of a water or wastewater facility be constructed to serve a developed tract of land if: a. the facility meets the minimum standards established for water or wastewater facilities by state and federal regulatory entities; and b. the developed tract of land is: located in a county with a population of 2.8 million or more; and ii. served by: 2 Formatted: DocInfo Article I — General Provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code (a) on -site septic systems constructed before September 1, 2001, that fail to provide adequate services; or (b) on -site water wells constructed before September 1, 2001, that fail to provide an adequate supply of safe drinking water. Sec. 21.1.5 Consistency with Comprehensive Land Plan This UDC is intended to implement the policies and objectives contained in the Comprehensive Land Plan and Master Thoroughfare Plan for the City and to affect the City's plan for provision of public facilities and service within the City limits and within the City's ETJ. Any application for development shall be consistent with the City's Comprehensive Land Plan and Master Thoroughfare Plan, as amended from time to time. The following General Land Use Policies have been used in the development of this UDC in order to ensure that land development within the City's jurisdictional area is in accordance with the City's'' Comprehensive Land Plan and Master Thoroughfare Plan. These policies act as a guideline and should not be construed as development regulations. A. Growth Management 1. New development should be compatible'' with existing development and community character. Ii 2. New development should maintain the character, look and feel of the City. 3. New development should occur in a fiscally responsible manner for the 1. Development should preserve and protect waterways and floodplains. 2. Development should preserve and protect surface and ground water resources and hydrologically- active areas. 3. Developers should cooperate with local governmental entities to ensure water quality. 4. Development should promote and encourage water conservation practices. 5. Development should preserve and protect air quality. 6. Development should seek public acquisition of open space or develop conservative development options for areas of environmental concern. 7. Agricultural and ranch lands should be priority areas for open space preservation. The City is interested in preserving natural open space areas. Formatted: DocInfo osoS 7818.3` rho y 3 A IN E. F Article I — General Provision ........................................ ............................... Schertz Unified Development Code S. Development should promote awareness and implementation of Best Management Practices (BMPs) for purposes of water quality and land conservation (e.g., increase awareness of the impacts of the use of certain pesticides on the drinking water supply). Housing 1. Development should provide housing alternatives for all income levels within the City's jurisdictional area. 2. Development should encourage housing that is compatible with existing neighborhoods and land uses. 3. Development should promote cluster development when and where appropriate. Economic Development 1. Development should promote economic development opportunities along I -35 and I -10 and along major arterials such as FM 3009, Schertz Parkway, FM 1518 and FM 78. 2. Development should promote economic development consistent with other land use policies 3. Development should promote quality development that is compatible with neighboring areas. 1. Development should preserve and enhance historic areas and sites throughout the City's jurisdictional area. 2. Development should preserve significant archaeological sites throughout the City's jurisdictional area. 3. Development should use community history to promote tourism and economic development. Parks and Recreation 1. Development should connect existing and future parks in accordance with the City's Parks and Open Space Master Plan. 2. Development should provide and preserve open space and parkland in new neighborhoods and associated with new schools. 3. Development should encourage maintenance and safety of parks and recreation resources. osoS 7818.3` rho y 4 Formatted: DocInfo Article I — General Provision ........................................ ............................... Schertz Unified Development Code G. Circulation 1. Development should improve access to major thoroughfares identified by the City. 2. Development should encourage streets and street network designs to be interconnected to provide ample, safe, and appropriately scaled access through and between neighborhoods and to commercial centers. 3. Development should provide safe and efficient vehicular connectivity. 4. Development should provide for safe and effective hike and bike trails. 5. Development should ensure that access is safely managed and integrated into land use and site designs. 6. Development should encourage adequate parking and layouts of parking to be provided for new commercial, office and retail development, provided that the parking fields do not deter ease of pedestrian access into and through new developments, and do not deter or detract from community character. 7. Development should provide for safe and ample pedestrian connectivity throughout new and/or existing developments, including schools, park sites, and commercial areas. H. Urban Desien Development should encourage and provide incentives for blending of land uses and »nixed use development. 2. Development should utilize streetscape design criteria to encourage safe and desirable pedestrian access and community attractiveness. it should utilize appropriate building area and bulk configurations, project scales and architectural design for new is within the community. 4. Signage should not detract from the visual integrity of the community. Lighting associated with signage, buildings or area -wide development should not pose a safety or environmental concern, and should be addressed in an aesthetically pleasing manner, when possible and appropriate — particularly as it relates to the impact on existing or new residential development. Formatted: DocInfo 5 Article I — General Provision ........................................ ............................... Schertz Unified Development Code Civic and Public Spaces Civic buildings and civic spaces should be given prominent sites. 2. Elementary school sites should be provided as new neighborhood developments are approved, so as to be within walking distance of a majority of the dwelling units in adjoining neighborhoods. This should be coordinated with the appropriate school district. Sec. 21.1.6 Vested Rights "Issuance of Local Permits" Property owners who have filed a completed application or have obtained approval of any project or permit prior to the effective date of this UDC shall be considered in compliance with LGC Chapter 245. Sec. 21.1.7 Apportionment of A. If the City requires as a condition of approval for a property development project that the developer bear a portion of the costs of municipal infrastructure improvements by the making of dedications, the payment of fees, or the payment of construction costs, the developer's portion of the costs may not exceed the amount required for infrastructure improvements that are roughly proportionate to the proposed development as approved by a professional engineer who is licensed in the State of Texas, and is retained by the municipality. B. A developer who disputes the determination made under Subsection (a) may appeal to the governing body of the municipality. At the appeal, the developer may present evidence and testimony under procedures adopted by the City Council. After hearing any testimony and reviewing the evidence, the City Council shall make the applicable determination within thirty (30) days after the final submission of any testimony or evidence by the developer. C. A developer may appeal the determination of the City Council to a county or district court of the county in which the development project is located within thirty (30) days after the final determination by the City Council. D. The City may not require a developer to waive the right of appeal authorized by this section as a condition of approval for a development project. E. A developer who prevails in an appeal under this section is entitled to applicable costs and to reasonable attorney's fees, including expert witness fees. Sec. 21.1.8 Minimum Requirements A. The provisions of this UDC shall be interpreted and applied as the minimum requirements for the promotion of public health, safety and general welfare. Formatted: DocInfo 6 Article I — General Provision ........................................ ............................... Schertz Unified Development Code B. Whenever the requirements of this UDC are in conflict with the requirements of any other lawfully adopted rules, regulations, codes, or ordinances, the requirement that is most restrictive or that imposes the higher standards, as determined by the City Manager or his/her designee shall apply. C. The issuance of any permit, certificate or approval in accordance with the standards and requirements of this UDC shall not relieve the recipient of such permit, certificate or approval from the responsibility of complying with all other applicable requirements of any other municipality, county, special district, State or Federal agency having jurisdiction over the structures or land uses for which the permit, certificate or approval was issued. Sec. 21.1.9 Effective Date This UDC amends and restates the original Unified Development Code of the City, which had an effective date of September 3, 1996. This amended and restated UDC shall take effect upon adoption by the City Council on April 13, 2010 as reflected on the cover page hereof. Except as otherwise provided in this UDC, on the effective date and thereafter, this UDC shall supersede all prior development regulations governing the development of land within the City and its ETJ. All development applications and proposals filed on or after the effective date of this UDC, whether for new developments or amendments to plats and plans shall be required to meet the standards of this UDC and shall be processed in accordance with the procedures herein. Sec. 21.1.10 Severability All sections, paragraphs, sentences, clauses, and phrases of this UDC are severable, and if any such section, paragraph, sentence, clause or phrase is declared unconstitutional or otherwise invalid in any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not cause any remaining section, paragraph, sentence, clause, or phrase of this UDC to fail or become invalid. Sec. 21.1.11 Violations and Any person, fin-n or corporation who shall violate any of the provisions of this UDC or fails to comply therewith or who shall violate or fail to comply with any order or regulation made hereunder, or who shall build in violation of any detailed statement of specification of plans submitted and approved hereunder, or any certificate or permit issued hereunder, shall, for each and every violation and noncompliance respectively be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed two thousand dollars ($2,000) or the appropriate legal maximum. In the case of a violation of section 21.9.9, the penalty shall be the sum as determined above plus the value of the tree as determined by a certified arborist hired by the City. Each and every day that such violation and/or noncompliance shall exist shall be deemed a separate offense. In case any person, firm or corporation violates any of the provisions of this UDC or fails to comply therewith, the City, in addition to imposing the penalties above provided may institute any appropriate action or proceedings in court to prevent, restrain, correct, or abate or to prevent any illegal act, conduct, business, or use in or about any land, and the definition of any violation of the terms of this UDC as a misdemeanor, shall not preclude the 7 Formatted: DocInfo Article I — General Provision ........................................ ............................... Schertz Unified Development Code City from invoking the civil remedies given it by law in such cases, but same shall be cumulative of and in addition to the penalties prescribed for such violation. Sec. 21.1.12 V The issuance or granting of a permit or approval of plans or plats, site or facility designs, or specifications shall not be construed to be a permit for, or an approval of, any violation of any provision of this UDC or any other City ordinance. No permit purporting to give authority to violate or cancel the provisions of this UDC shall be valid, except insofar as the work or use that it authorizes is lawful and conforms to the requirements of this UDC or a variance, exception, or modification granted pursuant to this UDC. End of Article 1 Formatted: DocInfo Article 2 — Official Maps ........................................ ............................... Schertz Unified Development Code Article 2 Official Maps Sec. 21.2.1 Official Zoning Map A. There shall be a map known and designated as the Official Zoning Map, which shall show the boundaries of all zoning districts within the City and which is by reference made a part of this UDC. One (1) original official and five (5) copies of the Official Zoning Map are hereby adopted bearing the affidavit of the City Secretary and shall be filed and maintained as follows: 1. the Official Zoning Map shall be maintained by the City Planning Department; 2. one (1) copy of the Official Zoning Map shall be maintained in the office of the City Secretary; 3. one (1) copy of the Official Zoning Map shall be filed with the City Building Inspection Division; 4. one (1) copy of the Official Zoning Map shall be posted in the conference room where the City Council and Planning and Zoning Commission meet and shall be maintained by the City Planning Department; 5. one (1) copy of the Official Zoning Map shall be posted in the City's public library; and 6. one (1) Zoning Map shall be posted on the City's website. B. The boundaries of the zoning districts as set out in Article 5 are delineated upon the Official Zoning Map of the City; said map being a part of this UDC as fully as if the same were set forth herein in detail. C. All amendments to the Official Zoning Map shall be made immediately after their enactment and the date of the change shall be the effective date of the amending ordinance adopted by the City Council. The official copies of the zoning map posted in accordance with section 21.2.1.A above shall be updated quarterly to reflect changes adopted by ordinance of the City Council. D. Should the Official Zoning Map be lost, destroyed or damaged, the Planning Department may have a new map drawn. No further authorization or action is required so long as no district boundaries are changed in this process. E. Reproductions for information purposes may, from time to time, be made of the Official Zoning Map. This map is available to the public. Formatted: DocInfo Article 2 — Official Maps ........................................ ............................... Schertz Unified Development Code Sec. 21.2.2 District Boundary Interpretation A. The boundaries of zoning districts are indicated upon the Official Zoning Map of the City. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply. 1. Boundaries indicated as following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines. 2. Boundaries indicated as following platted lot lines shall be construed as following such lot lines. 3. Boundaries indicated as following City limits shall be construed as following such City limits. 4. Boundaries indicated as following shorelines of creeks shall be construed to follow such shorelines; and in the event__ of their movement, the boundaries shall be construed as moving with the actual shoreline. Boundaries indicated as following the centerlines of streams, rivers, canals, lakes or other bodies of water should be construed to follow such centerlines. 5. Boundaries indicated as following railroad lines shall be construed to be midway between the rails of the main line. 6. In unsubdivided property, the zoning district boundary lines on the Official Zoning Map shall be determined by use of the scale appearing on the map. In case of a zoning district boundary line dividing a property into two (2) parts, the property will remain divided until the property owner, city, firm or corporation petitions the City Council for rezoning. Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts. End of Article 2 Formatted: DocInfo 2 Article 3 — Boards, Commissions and Committees Schertz Unified Development Code Article 3 Boards, Commissions and Committees Sec. 21.3.1 General Provisions A. Source of Authority Authority under this UDC shall be vested in and delegated to the officials and decision - makers designated in this Article 3, under the City Charter, the Constitution and other laws of the State and the City's Code of Ordinances. This authority shall be deemed supplemental to any other authority lawfully conferred upon the officials and decision- makers. The omission of a citation in this UDC to any authority conferred upon the officials and decision makers under the City Charter, the Constitution or other laws of the State or the Code or Ordinances shall not be construed as limiting the actions of such officials and decision - makers taken in accordance with and in reliance upon such authority. B. Implied Authority The officials and decision - makers shall have all implied authority necessary to carry out the duties and responsibilities expressly delegated by this UDC to the extent the implied authority is not in conflict with the expressly delegated authority. C. Limitation on Authority 1. City Policy It is the policy =of =the City that the standards and procedures applicable to development of property within the City limits and within the City's ETJ are as stated in this UDC; notwithstanding any representation by any City official surtirnarizing, paraphrasing or otherwise interpreting such standards to the contrary, whether generally or as applied to development of specific property. Concerning Future Action on Petition or Application No City official, whether an employee of the City or a member of an appointed Board, Commission, or Committee, or a member of the City Council, shall have the authority to make representations to a property owner concerning the likelihood of an outcome of that official's decision or the decision of an appointed Board, Commission or Committee, or the City Council, on any development application or petition that has yet to be filed or is pending before the City for decision. An official may, however, upon request of a person, convey information concerning that official's position on a pending application in accordance with procedures established in this section. No person is entitled to rely upon any representation made by an official in contravention of this section, and each and every such representation shall be deemed in violation of the policy of the City, and is not binding on the City in any respect. No Formatted: DocInfo Article 3 — Boards, Commissions and Committees Schertz Unified Development Code subsequent decision of the City shall be deemed a ratification of any representation made in contravention of this section. Representations Concerning Future Amendments No City official, whether an employee of the City or a member of an appointed Board, Commission or Committee, or a member of the City Council, shall have the authority to make binding representations to any person concerning the likelihood that a change in any legislative classification or a change in the text of this UDC as applied to a specific tract of land will be granted, or that an existing legislative classification or text provision will remain in effect, or that any petition for relief will be granted. No person is entitled to rely upon any representation made by an official in contravention of this section, and each and every such representation shall be deemed in violation of the policy of the City, and is not binding on the City in any respect. No subsequent decision of the City shall be deemed a ratification of any representation made in contravention of this section. 4. Effect of Development Standards on Liabili The City's approval of a development application under the standards and procedures of this UDC does not guarantee or assure that development of the property in accordance with the standards will prevent, minimize or mitigate harm to adjoining property. A person who undertakes development activities shall not rely on the City's approval of a development application as ensuring that the development activities will not result in harm to adjoining property. The regulations contained in this UDC constitute an exercise of the City's governmental authority, and approval of a development application shall not give rise to any liability on the part of the City or its officers, agents and employees, nor will an approval release the applicant from any liability for harm arising out of development of the property under applicable law. No Waivers Except as expressly provided for in this UDC, no official, Board, Commission or Committee of the City, or the City Council, shall have authority to waive any requirement or standard for a development application except as specifically authorized in this UDC. Any attempted waiver of a requirement or standard for a development application in contravention of this section shall hereby be deemed null and void, and, upon discovery, shall be grounds for revocation of a permit or approval, or reconsideration of a legislative decision. Formatted: D.rInfo 2 Article 3 — Boards, Commissions and Committees ...................................................................................................................................................................................................................................... ............................... Schertz Unified Development Code D. Conflict in Authority I . Internal Inconsistency Whenever one (1) or more provisions of this UDC are in apparent conflict, the provisions shall be construed, if possible, so that effect is given to each. If the conflict is between a general provision and a specific provision, and the conflict is irreconcilable, the specific provision shall prevail as an exception to the general provision, unless the general provision is the later enactment and the manifest intent is that the general provision should prevail. 2. Incomplete Provisions Whenever a specific standard or procedure of this UDC is incomplete when applied in isolation to a development application or development activity, such standard shall be supplemented by any general or specific provision of this UDC, the Code of Ordinances; or the City Charter in order to give effect to the incomplete provision. Sec. 21.3.2 City Council A. Authority Granted The City Council, as the governing body of the City, shall have such powers and authority as granted by State law applicable to home rule cities, the City Charter and the Code of Ordinances, to initiate, undertake, and decide any matters pertaining to the regulation of the use and development of land as identified in this UDC. B. Duties and Approval Authority in to other rights of approval, the City Council shall have final approval on the following applications: 1. an application for amendment to the text or maps within the Comprehensive Land Plan; 2. an application for amendment to the text of this UDC; 3. an application for annexation; 4. an application to establish or amend a zoning district map classification, including creation or amendment of an overlay district; 5. an application for Historic Landmark or District Designation; Formatted: DocInfo osoS 7818.3` rho y 3 Article 3 — Boards, Commissions and Committees ..................................................................... ............................... Schertz Unified Development Code 6. an application for approval of a conceptual plan as part of a Planned Development District; 7. an application for a Specific Use Permit; S. an application for approval of a Development Agreement within the City's corporate boundaries and in the City's ETJ; 9. an application to extend City utilities to land located in the City's ETJ; and 10. an appeal of the decision of any City Board, Commission or Committee, or City staff except as expressly provided for in this UDC or the Local Government Code. Sec. 21.3.3 Planning and Zoning Commission A. Authority Granted The Planning and Zoning Commission shall have such powers and authority as granted by State law, the City Charter, the Code of Ordinances, and this UDC to initiate, undertake, and decide any matters pertaining to the regulation of the use and development of land as identified in this UDC. B. Structure of the Commission and Operational Procedures There shall be established a Planning and Zoning Commission as described in the City Charter. Members of the Planning and Zoning Commission shall be appointed by the ;City Council. The Planning and Zoning Commission may adopt rules to govern its proceedings provided, however that such rules are not inconsistent with this Chapter or State law. Meetings of the Planning and Zoning Commission may be held at the call of the Chairperson or at such other times as the Planning and Zoning Commission may determine and in accordance with the Open Meetings Act. C. Duties and Approval Authority 1. The Planning and Zoning Commission shall have the authority to review and make a recommendation to the City Council on the following a. an application for amendment to the text or maps in the Comprehensive Land Plan; b. an application for amendment to the text of this UDC; C. an application for a Development Agreement as set forth in the LGC and this UDC; Formatted: D.rInfo osoS 7818.3` rho y 4 Article 3 — Boards, Commissions and Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code d. an application to establish or amend a zoning district map classification, including creation or amendment of an overlay district; and e. an application for approval of a rezoning request including an application for a Specific Use Permit. 2. The Planning and Zoning Conunission shall have final approval authority on the following applications: a. an application for a preliminary plat; b. an application for a final plat; C. an application for an amending plat; d. an application for a minor plat; e. an application for a replat;,,,_ f. variances relating to Article 12, Subdivisions; and g. an appucaiton for z!unatviston tviaster rtan. 3. The Planning and Zoning Commission shall keep accurate minutes of each meeting which shall be maintained within the office of the City Secretary. Sec. 21.3.4 Board of Adjustment A. Authority Granted The Board of Adjustment (BOA) shall have such powers and authority as granted by State law, the City Charter, the Code of Ordinances, and this UDC to initiate, undertake, and decide any matters pertaining to the regulation of the use and development of land as identified in this UDC. Ii 1. Composition and Tenn The BOA shall consist of five (5) members who shall be appointed by the City Council. Each member of the BOA shall be appointed for a term of two (2) years. All cases before the BOA must be heard by at least four (4) of the five (5) members of the BOA. The City Council may provide for the appointment of alternate BOA members to serve in the absence of one (1) or more regular members. Alternate members shall be appointed for the same period of time as a regular member. 2. Removal of BOA Members Formatted: D.rInfo 5 4. Article 3 — Boards, Commissions and Committees Schertz Unified Development Code The City Council may remove a BOA member for cause, as found by the City Council, on a written charge after a public hearing. Such causes may include three (3) consecutive unexcused absences from regularly called meetings. A vacancy on the BOA shall be filled by appointment by the City Council for the unexpired term. Officers of the BOA The BOA members shall elect a Chairperson, Vice - Chairperson, Secretary and other officers they deem necessary. The Chairperson and Vice - Chairperson shall be elected from the membership of the BOA. The Secretary and such other officers maybe selected either from the BOA's membership or from City staff representatives assigned- to work with the BOA. Rules and Meetings The BOA, by majority vote, shall adopt rules to govern its proceedings. All meetings of the BOA shall -be- conducted in accordance with the Open Meetings Act. Meetings of the BOA shall be held at the call of the Chair and at other times as determined by the BOA. Minutes The BOA shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that a member is absent or fails to vote. The BOA shall keep records of its examinations and other official actions. The minutes and records of the BOA shall be filed in the office of the City Secretary. The minutes of the BOA shall be filed in the official records of the City immediately after approval of said minutes. Vote Required for Decisions In exercising'' its authority under section 21.3.4.0 below, the BOA may reverse or 'affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the BOA has the same authority as the administrative official. The concurring vote of four (4) of the five (5) members of the BOA is necessary to: a. reverse an order, requirement, decision or determination of an administrative official; b. decide in favor of an applicant on a matter on which the BOA is required to pass under this UDC; or Formatted: D.rInfo 6 Article 3 — Boards, Commissions and Committees Schertz Unified Development Code C. authorize a variation from the terms of a zoning regulation. C. Duties and Approval Authority The BOA shall have the following duties: 1. The BOA shall hear and decide appeals when error is alleged in any order, requirement, decision or determination made by an administrative official of the City in the enforcement of this UDC or an ordinance adopted under this UDC. 2. The BOA may authorize, in specific cases, a variance from this UDC, unless specified otherwise, if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of this UDC or an ordinance adopted hereunder would result in unnecessary_ hardship, and so that the spirit of this UDC or an ordinance adopted hereunder is observed and substantial justice is done. A variance shall not be granted to relieve a self- created or personal hardshipnorshall it be based solely on economic gain or loss, nor shall it permit any person a privilege in developing a parcel of land not permitted by this UDC to other parcels of land in the district. In order to mare a_finding of hardship and grant a variance from the zoning regulations of this UDC, the BOA must determine the following: a. the requested variance does not violate the intent of this UDC or its conditions of restricted area, topography or physical exist that are peculiar to the subject parcel of land and are cable to other parcels of land in the same zoning district; C. the hardship is in no way the result of the applicant's own actions; or the interpretation of the provisions in this UDC or any amendments thereto would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions. The BOA shall hear and decide other matters as authorized by the City Council and deemed necessary in pursuit of the spirit and intent of this UDC. 4. Permit the reconstruction, extension or enlargement of a building occupied by nonconforming uses, on a lot or tract occupied by such building, provided such reconstruction, extension or enlargement does not prevent the return of such property to a conforming use. Formatted: D.rInfo 7 IA Article 3 — Boards, Commissions and Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code 5. Permit the extension of or enlargement of a building occupied by a nonconforming use, under such conditions as the BOA may deem necessary in order to protect other properties in the neighborhood, provided such extension or enlargement: a. does not prevent the return of such property to a conforming use; b. does not exceed twenty -five percent (25 %) of the ground area of the existing building; C. will not prevent compliance ! with applicable side yard requirements; and d. does not allow such building to be used for any use which would normally be restricted to a more restrictive classification. 6. Require the discontinuance of a nonconforming use of land or structure under any plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this UDC. All actions to discontinue a non- conforming use of land or structure shall be taken with due regard for the property rights of the persons affected when considered in light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of property. The BOA may, from time to titne, on its own motion, or upon cause presented„ by interested property owners, inquire into the existence, continuation or maintenance of any nonconforming use within the City. Appeals 1. Procedure As granted under LGC section 211.010, appeals of a decision of an administrative official of the City may be taken to and before the BOA by any person aggrieved by the decision, or by any officer, department, or beard of the City. Such appeal must be filed with the BOA and shall include written notice of the appeal and specify the grounds for the appeal. The appeal must be filed within the time period determined by the rules of the BOA. On receiving the notice, the office of the BOA shall immediately transmit to the BOA all papers constituting the record of the action that is appealed. 2. Stay of Proceedings An appeal shall stay all proceedings in furtherance of the action that is appealed unless the office of the BOA certifies in writing to the BOA facts supporting the administrative official's opinion that a stay would cause Formatted: Docmfo Article 3 — Boards, Commissions and Committees Schertz Unified Development Code imminent peril to life or property, in which case, the proceedings may be stayed only by an appropriate court. Hearings of Appeals The BOA shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the appeal hearing in person or by agent or attorney. The BOA shall decide the appeal within a reasonable time. E. Appeals of BOA Decisions 1. Procedure As granted under LGC section 211.011, any person or persons aggrieved by any decision of the BOA, or any taxpayer or any officer, department, or board of the City may present to an appropriate court a verified petition stating that the decision of the BOA is illegal in whole or in part and specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the BOA. 2. Writ of Certiorari Upon the presentation of the petition the court may grant a writ of certiorari directed to the BOA to review the BOA's decision. The writ must indicate the time by which the BOA's return must be made and served on the petitioner's attorney, which must be after ten (10) days and may be extended by the court. Granting of the writ does not stay the proceedings on the decision under appeal, but on application and after notice to the BOA, the court may grant a restraining order if due cause is shown. Return of Certified Copies The BOA's return must be verified and must concisely state any pertinent and material facts that show the grounds of the decision under appeal. The BOA is not required to return the original documents on which the BOA acted but may return certified or sworn copies of the documents or parts of the documents as required by the writ. 4. Hearing and Testimony If at the hearing the court determines that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take evidence as directed. The referee shall report the evidence to the court with the referee's findings of fact and conclusions of law. The Formatted: D.rInfo 9 Article 3 — Boards, Commissions and Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code referee's report constitutes a part of the proceedings on which the court shall make its decision. 5. Decision of the Court The court may reverse or affirm, in whole or in part, or modify the decision that is appealed. Costs may not be assessed against the BOA unless the court determines that the BOA acted arbitrarily, capriciously, discriminatorily, with gross negligence, in bad faith, or with malice in making its decision. Sec. 21.3.5 Administrative Authority A. Authority Granted The City Manager or his/her designees shall have such powers and authority as granted by State law, the City Charter, the Code of Ordinances, and this UDC to initiate, undertake, and decide any matters pertaining to the regulation of the use and development of land as identified in this UDC and are authorized to take all actions necessary to carry out their responsibilities in accordance with the requirements and limitations prescribed therein. B. Administrative Structure The City Manager is designated as the chief administrative official of the City. The City Manager, at his/her discretion, may designate the director of any department or other employee as the administrative authority responsible for consideration of any item deemed appropriate by the City Manager. C. Duties and The City Manager or his/her designee shall have the authority to review and make a recommendation to the City Manager on the following a. an application for amendment to the text or maps in the Comprehensive Land Plan; b. an application for amendment to the text of this UDC; C. an application for annexation; d. an application to establish or amend a zoning district map classification, including creation or amendment of an overlay district; e. an application for Historic Landmark or District Designation; Formatted: D.rInfo .0305 7818.3` 918-3 _ _.10 Article 3 — Boards, Commissions and Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code f. an application for approval of a conceptual plan as part of a Planned Development District; g. an application for a Specific Use Permit; h. an application for approval of a Development Agreement within the City's corporate boundaries and in the City's ETJ; i. an application to extend City utilities to land located in the City's ETJ; j. an appeal of the decision of any City Board, Commission, Committee or staff as authorized by this UDC; k. an application for a Subdivision Master Plan; 1. an application for a preliminary plat; M. an application for a final plat; n. an application for an amending plat; o. an P. an application for a reptat; q. an application for a Site Plan; and r. an application for a variance, appeal or other application to be considered by the BOA. 2. The City Manager or his/her designee shall have final approval authority on the following applications: a. an application for a minor plat, as authorized by this UDC and LGC Section 212.0065; b.' an application for an Amending Plat, as authorized by this UDC, and LGC Section 212.0065; C. an application for a site plan; and d. other applications as authorized by this UDC. 3. A record of any action taken with respect to final approval of a development application shall be provided to the appropriate Board, Commission, Committee or City Council for review. Formatted: D.rInfo Article 3 — Boards, Commissions and Committees ..................................................................... ............................... Schertz Unified Development Code Sec. 21.3.6 Other Boards, Commissions and Committees A. Parks and Recreation Advisory Board 1. Authority Granted A Parks and Recreation Advisory Board (Parks Board) has been created by the City Council. The Parks Board shall have such power and authority as granted by the City Council in establishing the Parks Board, by State law, by the City Charter, by the Code of Ordinances, and by this UDC to initiate, undertake, and make recommendations on any matters pertaining to the regulation of the use and development of parks and recreation areas in the City. 2. Structure of the Parks Board The structure of the Parks Board shall be as set_ forth by the City Council in the establishing the Parks Board or by any rules and regulations adopted by the Parks Board not in conflict with the City Council's action relating to the structure and function thereof. 3. Duties and Approval Authority The Parks Board shalt serve as an advisory board to the City Council and may review and make recommendations on the following matters: a. suitability of parkland dedication, including fee -in -lieu of consideration; b. parks and recreation improvements and amenities included with any parkland dedication; and C. creation, amendment or updates to the Parks and Open Space Master Plan of the City. B. Historic! Preservation Committee 1. Authority Granted An Historic Preservation Committee (Historic Committee) has been created by the City Council. The Historic Committee shall have such powers and authority as granted by the City Council in establishing the Historic Committee, by State law, the City Charter, the Code of Ordinances, and this UDC to initiate, undertake, and make recommendations on any matters pertaining to the regulation of and the use of areas or buildings and structures of historic significance in the City. Formatted: D.rInfo .0305 7818.3` 918-3 _ _.12 Article 3 — Boards, Commissions and Committees ..................................................................... ............................... Schertz Unified Development Code 2. Structure of the Historic Committee The structure of the Historic Committee shall be as set forth by the City Council in establishing the Historic Committee or by any rules and regulations adopted by the Historic Committee not in conflict with the City Council's action relating to the structure and function thereof. 3. Duties and Approval Authority The Historic Committee shall have those duties and approval authority as set forth by the City Council in establishing the Historic' Committee. C. Traffic Safety Advisory Commission 1. Authority Granted The Traffic Safety Advisory Commission (TSAC) has been created by the City Council. The TSAC shall have such powers and authority as granted by the City Council in establishing the TSAC. 2. Structure of the TSAC 91 The structure of the TSAC shall be as set forth by the City Council in establishing the TSAC, by the by -laws of the TSAC or by any other rules and regulations adopted by the TSAC not in conflict with the City Council's action relating to the structure and function thereof. The TSAC shall serve as an advisory commission to the City Council and is established to investigate safety issues and make recommendations with respect to City roadways and to improve the City's quality of life through a citizen/government partnership that promotes safe and secure roads, which provide convenience, recreational and leisure activities and continued, beautification of the City. The duties of the TSAC are established within the by -laws adopted by the TSAC and may include, but are not limited to, the following duties: a. ` coordinate and communicate with the various Boards, Commissions, Committees and the City Council on all matters related to transportation and traffic safety; b. develop safety materials to be used for promotional activities; C. develop research materials needed for promotion of transportation and traffic safety; d. develop a transportation and traffic safety plan for the City; Formatted: D.rInfo osoS 350307918-3 13 Article 3 — Boards, Commissions and Committees Schertz Unified Development Code e. review all existing and proposed transportation and traffic ordinances and make recommendations to the City Council; develop and sponsor transportation and traffic safety courses for the citizens of the City; and g. participate in fact finding trips, conferences, and seminars related to transportation and traffic safety. End of Article 3 Formatted: D.rInfo osoS 7818.3` r 14 Article 4 — Procedures and Applications ................................................. ............................... Schertz Unified Development Code Article 4 Procedures and Applications Sec. 21.4.1 Purpose and Intent The purpose of this Article is to establish application procedures, internal review procedures, public notice and hearing procedures, and review criteria for the processing of applications and actions that affect the development and use of property subject to the jurisdiction of the City of Schertz. Sec. 21.4.2 Initiation of A A. Application Submittal All development applications to be considered by any Board, Commission or Committee, or by the City Council shall be initiated by the filing of the application by the owner of the property on which the permit is applicable or by the owner's designated agent. In the event an application is submitted by a designated agent, the application must be accompanied by a written statement, signed by the owner, authorizing the agent to file the application on the owner's behalf. B. Determination of Application Completeness 1. All development applications shall be subject to a determination of completeness by the director of the appropriate City department. 2. No application shall be deemed complete and accepted for processing unless it is accompanied -by -all documents required by and prepared in accordance with the requirements of this UDC. For a determination of completeness_ to be issued, an application must include the following: a. payment of the appropriate fee; b. an accurate metes and bounds description of the subject property (or other suitable legal description, identifying the property as a lot of record); C. a survey exhibit and other appropriate exhibits as identified in this Article for the individual permit; and d. any additional documents, forms or other materials required by the City Manager or his/her designee or identified in this UDC for the processing of a specific development application. 3. The director of the appropriate City department may from time to time identify additional requirements for a complete application that are not contained within but are consistent with the application contents and standards set forth in this UDC. Formatted: DocInfo Article 4 — Procedures and Applications ................................................. ............................... Schertz Unified Development Code 4. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this UDC. Not later than the tenth (10th) business day after the date an application is submitted, the director of the appropriate City department shall make a written determination whether the application constitutes a complete application. This shall include a determination that all information and documents required by this UDC for the type of permit being requested or other requirements have been submitted. A determination that the application is incomplete shall be mailed to the applicant within such time period by United States Mail at the address listed on the application. The determination shall specify the documents or other information needed to complete the application and shall state that the application will expire if the documents or other information are not submitted within forty -five (45) days after the date the application was submitted. 6. An application filed on or after the effective date of this amended and restated UDC shall be deemed complete on the eleventh (11th) business day after the application has been received, if the applicant has not otherwise been notified that the application is incomplete. For purposes of this section, the applicant shall be deemed to have been notified if the City has mailed a copy of the determination as provided in paragraph 5 above. The processing of an application by any City employee prior to the time the application is determined to be complete shall not be binding on the City as the official acceptance of the application for filing. However, this application may be denied for incompleteness within the forty -five (45) S. A development application shall be deemed to expire on the forty -fifth (45th) day after the application is submitted to the City Manager or his/her designee for processing if the applicant fails to provide documents or other information necessary to meet the requirements of this UDC or other requirements' as specified in the determination provided to the applicant. Upon expiration, the application will be returned to the applicant together with any accompanying documents. Thereafter, a new application must be No vested rights accrue solely from the filing of an application that has expired pursuant to this section, or from the filing of a complete application that is subsequently denied. C. Application Withdrawal Any request for withdrawal of an application must be submitted in writing to the director of the appropriate City department. If notification is required for the application and has been properly given via publication in the newspaper and/or Formatted: DocInfo 2 Article 4 — Procedures and Applications ................................................. ............................... Schertz Unified Development Code written notification to surrounding property owners, such application must be placed on the agenda. The staff representative shall notify the Board, Commission, Committee or the City Council of the request for withdrawal. The Board, Commission, Committee or the City Council may, at its discretion, accept the request for withdrawal of the application by general consent of the members. Application fees are not refundable unless reimbursement is otherwise authorized by the director of the appropriate City department. Sec. 21.4.3 Notice Requirements A. Published Notice Whenever published notice of a public hearing before a Board, Commission, Committee or the City Council is required, the City Manager or his/her designee shall cause notice to be published in an official newspaper or a newspaper of general circulation in the City before the fifteenth (15th) day before the date set for the required hearing. Said notice shall set forth the date, time, place and purpose of the hearing as required under LGC section 211.006(a) B. Written Notice Whenever written notice of a public hearing before a Board, Commission, Committee or the City Council is required, before the tenth (10th) day before the hearing date, the City Manager or his/her, designee shall cause written notice to be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the exterior boundary of the property in question. = Said notice shall set forth the date, time, place and purpose of the hearing as required under LGC section 211.007(c). The notice may be served by its deposit, properly addressed with postage paid, in the United States mail. If the property within 200 feet of the property in question is located in territory within the City and is not included on the most recently approved municipal tax roll, notice to such owners shall be given by one (1) publication in an official newspaper or a newspaper of general circulation in the municipality at least fifteen (15) days before the date of the hearing. Failure of owners to receive notice of hearing, shall in no way affect the validity of the action taken. Sec. 21.4.4 Public A. Public Hearing Required Whenever a public hearing is required, the City Manager or his/her designee shall establish the date, time and place of the public hearing and shall cause any notice required under section 21.4.3 of this Article to be prepared and made accordingly. B. Conduct of Hearing Any person may appear at the public hearing and submit evidence, either individually or as a representative of an organization. Each person who appears at osoS 7818.3` rho y 3 Formatted: DocInfo Article 4 — Procedures and Applications ................................................. ............................... Schertz Unified Development Code a public hearing shall state his or her name, address, and if appearing on behalf of an organization, state the name and mailing address of the organization for the record. Subject to the chairperson's inherent authority to conduct meetings, public hearings shall generally be conducted as follows. 1. The City staff may present a description of the proposed project and a written or oral recommendation, if required. Any written recommendation shall be available to the public at the time that the agenda packet for the body conducting the hearing is compiled. 2. The applicant may present any information it deems appropriate 3. Testimony in support of the application may be presented by any individual who expresses an interest in the proposed project. 4. Testimony in opposition to the application may be presented by any individual who expresses an interest in the proposed project. 5. At the discretion of the chairperson, the City staff and the applicant may respond to any statement by the public. 6. The body conducting the hearing may exclude testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious. 7. At the sole discretion of the chairperson of the body conducting the hearing, an individual may be permitted to pose relevant questions to staff, the applicant or the body conducting the hearing, as directed by the chairperson. S. The public hearing shall be closed. 9. The advisory body (i.e. Board, Commission or Committee) shall make a body (i.e. Board, Commission or Committee) shall prepare a with its recommendations to the City Council. C. Continuance of Hearing The body conducting the hearing may, on its own motion or at the request of any person, for good cause, continue the hearing to a fixed date, time and place. Except as required by the Texas Open Meetings Act or other applicable law, no notice shall be required if a hearing is continued. If a public hearing is closed, no further public testimony shall be taken. Formatted: DocInfo osoS 7818.3` rho y 4 D. Additional Rules E. Sec. 21.4 A. Article 4 — Procedures and Applications ................................................. ............................... Schertz Unified Development Code The body conducting the hearing may adopt additional rules of procedure and may apply such additional rules to govern the public hearing which are not inconsistent with this section. Joint Public Hearing Unless otherwise prescribed in this UDC, whenever an application must be preceded by a public hearing both before an advisory body (i.e. Board, Commission and/or Committee) and before the City Council, the advisory body and the Council may conduct a joint public Hearing and take action on the application in the following manner. 1. The City Council shall establish the motion at a regular or special meeting. 2. The City Council shall cause notice of the provided as required by this UDC and the Te by a vote of two- thirds of its members, may for the joint public hearing. the joint public hearing by public hearing to be en Meetings Act and, [be the type of notice 3. The advisory body (i.e. Board, Commission' and/or Committee) and the City Council shall be convened for the hearing and for any action to be taken on the petition or application. 4. The advisory body (i.e. Board, Commission and/or Committee) and the City Council may take action on the application at the same meeting, provided that the City Council shall not take action until the written report and recommendation of the advisory body (i.e. Board, Commission and/or Committee) has been received. ecision Within ton (10) business days following final action on any development application, the appropriate City Department shall provide written notification to the applicant of the decision of the Board, Commission, Committee or the City Council considering the request. If an application has been denied, the notification should include the reasons for denial as well as any information relating to reapplication procedures for the appropriate application. Reapplication Following Denial Whenever any development application, with the exception of any plat application, is denied, a development application for all or a part of the same property shall not be accepted for filing for a period of six (6) months after the Formatted: DocInfo 5 Sec. 2 A 103 A. Article 4 — Procedures and Applications ................................................. ............................... Schertz Unified Development Code date of denial unless the subsequent application involves a proposal that is substantially different from the previously denied proposal. For the purpose of this section, a request may be considered substantially different if the change is to a different zoning classification, there is a change in conditions relating to zoning principles of the property or surrounding properties or there is a change in the nature of the development of the property or surrounding properties. The City Manager or his/her designee shall resolve any questions concerning the similarity of the reapplication. The final decision -maker may, at its option, waive the six (6) month waiting period if, after due consideration of the matter at a scheduled and posted meeting, it is determined that denial of the request was based upon erroneous or omitted information, or if substantial new information pertaining to the request is discovered. Amendments and Revisions to Approved Unless otherwise expressly provided by this UDC, an approved development application shall be c which must be decided in accordance with the pros application and the standards in effect at the time with the City. Amendments Required request to amend or revise dered a new application, Tres governing the original h''new application is filed Whenever a subsequent development application differs substantially from a previously approved development application to which the subsequent application must conform, the applicant shall submit an amended development application for the initial development application, which shall be decided prior to the subsequent application. The applicant's failure to comply with this section shall result in denial of the subsequent application Comprehensive Land Plan Amendment The Comprehensive Land Plan of the City reflects the long -term plan for growth and development of the City. The City Council may, from time to time, on its own motion, by request of the City Manager or his/her designee or by application from a property owner, amend, supplement, change, modify or repeal the text of the Comprehensive Land Plan or may amend the boundaries shown on the Future Land Use Map, Master Thoroughfare Plan or any other applicable maps contained in the Comprehensive Land Plan. Approved amendments to the Comprehensive Land Plan authorize a property owner to submit subsequent development applications consistent with the amendment. 6 Formatted: DocInfo Article 4 — Procedures and Applications ................................................. ............................... Schertz Unified Development Code B. Application Requirements 1. Application Required Any request for an amendment to the Comprehensive Land Plan shall be accompanied by a completed Planning Department Development Application. 2. Accompanying Applications Any request for amendment of the Future Land Use Map submitted by a property owner may be accompanied by an application for a zoning change consistent with requested Future Land Use Map amendment for land within the City limits, or by a Subdivision Master Plan, for land within the ETJ. Approval of an amendment to the Comprehensive Land Plan shall require all subsequent development applications to be consistent with the approved amendments. C. Processing of Application and Decision 1. Submittal An application for an amendment to the Comprehensive Land Plan shall be submitted to the Planning Department. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2 of this Article. The City Manager or his/her designee may, at its option, request a recommendation from any other City Department or consultant. The City _Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the Planning and Zoning Commission for consideration. 2. Notification Requirements cation for an amendment to the Comprehensive Land Plan the following notification in accordance with section 21.4.3 of a. written notice prior to consideration by the Planning and Zoning Commission; and b. published notice prior to consideration by the City Council. Commission Recommendation The Planning and Zoning Commission shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 of this Formatted: DocInfo 7 IN Article 4 — Procedures and Applications ................................................. ............................... Schertz Unified Development Code Article and make a written recommendation regarding a proposed amendment to the Comprehensive Land Plan to the City Council. The Planning and Zoning Commission may recommend approval, approval with conditions, or denial of the amendment. 4. Decision by City Council The City Council shall receive the written recommendation of the Planning and Zoning Commission regarding a proposed amendment to the Comprehensive Land Plan and shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 of this Article. The City Council may vote to approve, approve with conditions, or deny the amendment. Criteria for Approval The Planning and Zoning Commission, in making its recommendation, and the City Council, in considering final action on an amendment to the Comprehensive Land Plan, should consider the following ;criteria: 1. the proposed amendment promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City; 2. an amendment to the text is consistent with other policies of the Comprehensive Land Plan, taking into account the nature of any proposed map amendment associated with the text amendment; 3 an amendment to the Future 'Land Use Map, Master Thoroughfare Plan or any other' applicable map's contained in the Comprehensive Land Plan is consistent with the policies of the Comprehensive Land Plan that apply to the map being amended, taking into account the nature of any proposed land use associated with the map amendment; 4 any proposed amendment is consistent with the goals and objectives of the Comprehensive Land Plan; 5. any proposed amendment addresses circumstances that have changed since the last time the plan map or text was considered, implements plan policies better than the current plan map or text corrects a mapping error or addresses a deficiency in the plan; and 6. other criteria which, at the discretion of the Planning and Zoning Commission and City Council, are deemed relevant and important in the consideration of the amendment. Formatted: DocInfo Article 4 — Procedures and Applications ................................................. ............................... Schertz Unified Development Code Sec. 21.4.7 Unified Development Code Amendment A. Applicability The provisions of this section apply to any request for an amendment to the text of this UDC. The City Council may, from time to time, on its own motion, or at the request of the City Manager or his/her designee, amend, supplement, change, modify or repeal the text of any portion of this UDC in order to establish and maintain sound, stable and desirable development within the jurisdiction of the City. The provisions of this section shall exclude amendments to any appendix which may be amended by general consent of the City Council B. Application Requirements Requests for amendments to the text of this UDC may be initiated by the request of the Planning and Zoning Commission, the City Council or the City Manager on his/her own initiative. A request for an amendment to the text of this UDC shall be accompanied by a completed Development Application. C. Processing of Application and Decision 1. Submittal An application for an amendment to the text of this UDC shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application and may direct the proposed amendment to any other City Departments or consultant for review and recommendation. After appropriate review, the City Manager or his/her designee shall forward a recommendation to the Planning and Zoning Commission for consideration. 2. Notification Requirements An application for an amendment to the text of this UDC requires published notice prior to consideration by the City Council. Recommendation The Planning and Zoning Commission shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 of this Article and make a written recommendation regarding a proposed amendment to the text of this UDC to the City Council. The Planning and Zoning Commission may recommend approval, approval with conditions, or denial of the amendment. Formatted: DocInfo 9 E03 Sec. 21.4.8 Article 4 — Procedures and Applications ................................................. ............................... Schertz Unified Development Code 4. Decision by City Council The City Council shall receive the written recommendation of the Planning and Zoning Commission regarding a proposed amendment to the text of this UDC and shall hold a public hearing in accordance with the Texas Open Meetings Act and Sec. 21.4.4 of this Article. The City Council may vote to approve, approve with conditions, or deny the amendment. Such amendment shall be by ordinance, and the identifying number of any such ordinance shall be noted on the cover of this UDC. Criteria for Approval The Planning and Zoning Commission, in making its written recommendation, and the City Council, in considering final action on an amendment to the text of this UDC, should consider the following criteria: 1. the proposed amendment promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City; 2. an amendment to the text is consistent with other policies of this UDC and the City; 3. any proposed amendment is consistent with the goals and objectives of this UDC and the City; and 4. other criteria which, at the discretion of the Planning and Zoning Commission and the City Council, are deemed relevant and important in the consideration of the amendment. Non - Substantive Amendments Notwithstanding the other provisions of this section, the City Council may by resolution correct spelling or punctuation errors, cross - reference errors, and other matters herein determined by the City Attorney to be non - substantive without complying with the foregoing provisions of this section. The number of any such resolution, shall be noted on the cover of this UDC. A. Applicability Annexation may be voluntary or involuntary and shall be required to meet all requirements of the LGC for each type of annexation. The provisions of this section apply to any request for voluntary annexation by a property owner wishing to extend the corporate limits of the City to incorporate property adjacent to the City's existing municipal boundaries. Formatted: DocInfo .0305 7818.3` 918-3 _ _.10 i I Article 4 — Procedures and Applications ................................................. ............................... Schertz Unified Development Code Application Requirements 1. Application Required A request for annexation shall be accompanied by an application prepared in accordance with the Development Services Department Development Manual. 2. Accompanying Applications Any request for annexation shall be as establish the initial zoning on the propert zoning may be considered at the same n so long as the ordinance providing for ar action on the zoning request. In flit annexation is considered concurrently w Planning and Zoning Commission may provide a written recommendation to the Council has adopted the annexation ordin Processing of Application and 1. Submittal ed by an application to iplication to establish the s the annexation request i is acted on prior to any that an application for iplication for zoning, the the zoning request and uncil so long as the City An application for annexation shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2 of this Article. The City Manager or his/her designee may, at its option, request a recommendation from any other City Department or consultant. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the City Council for 2. Development Agreement City Manager or his/her designee shall comply with the approval. The Council shall comply with LGC section 43.035. 3. Notification Requirements The City Manager or his/her designee shall provide notification in accordance with LGC section 43.062. Formatted: DocInfo Article 4 — Procedures and Applications ................................................. ............................... Schertz Unified Development Code 4. Service Plan Required The City Manager or his/her designee shall prepare an annexation service plan in accordance with LGC section 43.056. Decision by City Council The City Council shall hold two (2) public hearings in accordance with LGC section 43.063 and shall take final action as required in LGC. 6. Other Procedures Applicable A request for annexation is subject to all applicable rules and procedures required by State Law. In the event of a conflict between the requirements of this UDC and State law, the requirements of State law shall apply. D. Criteria for Approval When considering a request for voluntary annexation the City Council should consider the following criteria: 1. the application is consistent with the requirements of State law and this UDC; 2. the annexation promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City; the property owners and residents of the area consent to the annexation; the application includes a service plan as required by section 21.4.8.C.4 above; the annexation is consistent with the goals and objectives of the Comprehensive Land Plan; and 6. other criteria which, at the discretion of the Planning and Zoning Commission and the City Council, are deemed relevant and important in the consideration of the amendment. Sec. 21.4.9 Designation of Historic Landmarks, Creation of Historic Districts and Certificates of Appropriateness A. Applicability The purpose of this section is to recognize and encourage the preservation of those areas or specific buildings or structures of historical significance to the City. This section allows for the designation of historic landmarks, the creation of historic districts and the requirements for certificates of appropriateness. The City Formatted: DocInfo .0305 7818.3` 918-3 _ _.12 Article 4 — Procedures and Applications ................................................. ............................... Schertz Unified Development Code Council has established an Historic Preservation Committee as set forth in section 21.3.6.B. B. Application Requirements Any request for the designation of an historic landmark, the creation of an historic district or a certificate of appropriateness shall be accompanied by a completed Development Application. C. Processing of Application and Decision 1. Submittal All applications under this section shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee may, at his/her option, request a recommendation from any other City Department or consultant. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a written recommendation on the application. 2. Approval Procedures The procedure for the designation of an historic landmark, the creation of an historic district or a certificate of appropriateness shall be in accordance with the procedures =set forth by City Council in establishing the Historic Preservation Committee. Sec. 21.4 The purpose of a Development Agreement is to determine whether the City wishes to authorize a plan of development for land located within its ETJ, to prescribe land uses, environmental standards, development standards and public facilities standards governing development of the land for the term of the agreement, to provide for the delivery of public facilities to the property and to provide for annexation of the property to the City. A Development Agreement may be approved for land located in the ETJ of the City in accordance with LGC section 212.172. Formatted: DocInfo osoS 7818.3` r 13 Article 4 — Procedures and Applications ................................................. ............................... Schertz Unified Development Code B. Application Requirements 1. Application Required Any application for a Development Agreement shall be accompanied by an application prepared in accordance with the Development Services Department Development Manual. 2. Accompanying Applications An application for a Development Preliminary Plat prepared in accorc Approval of a Preliminary Plat as meet the requirements for Prelimin C. Processing of Application and Decision 1. Submittal An application for a DevelopiE City Manager or his/her design shall review the application for 21.4.2. 2. Preparation and Negotiati -cement shall be 'accompanied by a with section 21.12.7 of this UDC. of a Development Agreement shall Slat approval under section 21.12.7. t shall be submitted to the Zanager or his/her designee in accordance with section Agreement An application for a Development Agreement shall be prepared in accordance with LGC section 212.172. After review by the City staff, the application and accompanying plans shall be transmitted to the office of the City Attorney for review. After appropriate review by all parties, a recommendation shall be forwarded to the Planning and Zoning Commission for review and recommendation. The City Council shall have the final authority for approval of a Development Agreement. The Planning and Zoning Commission shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 and make a written recommendation regarding a proposed Development Agreement to the City Council. The Planning and Zoning Commission may recommend approval, approval with conditions, or denial of the agreement. The Planning and Zoning Commission may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the recommendation to the City Council. Formatted: DocInfo osoS 350307918-3 14 Article 4 — Procedures and Applications ................................................. ............................... Schertz Unified Development Code 4. Decision by City Council The City Council shall receive the written recommendation of the Planning and Zoning Commission regarding a proposed Development Agreement and shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4. The City Council may vote to approve, approve with conditions, or deny the Development Agreement. The City Council may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the final decision. If the City Council approves the Development Agreement, it shall approve the agreement by appropriate action that authorizes the City Manager = to execute the agreement on behalf of the City following execution by the property owner. Unless otherwise specified bythe= - City Council, the property owner shall accept the Development Agreement and accompanying Preliminary Plat within ten (10) working days after the date the City Council's action is adopted. If not executed by the property owner within such period, the Council's approval shall be deemed void. Recording Development Agreement The approved Development Agreement shall be recorded in the real property records of each county in which land subject to the agreement is located. Sec. 21.4.11 Utility Service Extension A. Applicability A request for approval of a utility extension shall be required where a property owner seeks water or wastewater services from the City for a proposed project that will be located within the City's ETJ at the time of the proposed extension and subsequent development. Approval of a request for a utility extension authorizes the City to annex the property, and authorizes the property owner to submit development applications consistent with the capacity of the facilities to be extended, and upon approval of the applications, to construct extensions of the facilities in accordance with the terms of the approved utility service extension request. B. Application Requirements Application Required Any application for Utility Service Extension shall be accompanied by a completed Development Application. Formatted: DocInfo .0305 7818.3` 918-3 _ _.15 Article 4 — Procedures and Applications ................................................. ............................... Schertz Unified Development Code Accompanying Applications a. An application for Utility Service Extension shall be accompanied by a request for voluntary annexation. The City may, at its option, elect to annex the property upon request or may delay the annexation until such time the City deems necessary to promote the health, safety or general welfare of the City and the safe, orderly, efficient and healthful development of the City. b. An application for Utility Service Extension may be accompanied by an application for a Subdivision Master Plan prepared in accordance with section 21.12.5. A Subdivision Master Plan may not be approved until final approval of the Utility Service Extension by the City Council. C. Processing of Application and Decision Submittal A request for Utility Service Extension shall be submitted to the City Engineer. The City ;Engineer shall review the application for completeness in accordance with section 21.4.2. Review and Processing of Request The City Engineer- shall circulate the application among applicable City Departments for review and recommendation. The City Engineer shall evaluate the request for consistency with the approval criteria and shall prepare a written recommendation to be forwarded to the City Council. The recommendation should include any comments received from other departments including, but not limited to, an analysis of the financial feasibility of extending services and any fiscal impacts on existing utilities from the extension. ision by City Council 2ity Council shall receive the written recommendation of the City Leer and shall decide whether to approve, approve with conditions, or the request for Utility Service Extension. D. Criteria for Approval The City Council, in considering final action on a request for Utility Service Extension, should consider the following criteria: whether the proposed development to be served by the extension is consistent with the Comprehensive Land Plan; Formatted: DocInfo .0305 350307918-3 _ _.16 Article 4 — Procedures and Applications ................................................. ............................... Schertz Unified Development Code 2. whether the extension is proposed to be constructed in accordance with all applicable City ordinances, resolutions, regulations and standards; 3. whether it is feasible to annex the property, and any intervening property which is needed for utility rights -of -way, into the City; 4. whether the utility extension would compromise the City's ability to timely provide adequate water or wastewater facilities to property inside the City; 5. whether the utility extension will lead to premature "development that cannot be served efficiently and timely` by roadway, drainage or park facilities; 6. whether the utility extension is financially feasible given the proposed means of financing the extension; 7. whether the utility extension will lead to significant degradation of water quality or other environmental resources, either from construction of the water or wastewater improvements, development of the property owner's land, or development of other land that may ; be served through the extended facilities; S. whether the property owner proposes to extend wastewater facilities without utilizing Citv water facilities: and a the Sec. 21.4.12 Variances A. Applicabili agreement promotes the health, safety or the safe, orderly, efficient and healthful The BOA < shall have the ability to authorize, in specific cases, a variance from the zoning regulations of this UDC if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of this UDC would result in unnecessary hardship, so that the spirit of this UDC is observed and substantial justice is done. A variance shall not be granted to relieve a self - created or personal hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any person a privilege in developing a parcel of land not permitted by this UDC to other parcels of land in the district. 2. Approval of a variance authorizes a property owner to submit subsequent development applications consistent with the approved variance. Formatted: DocInfo .0305 7818.3` 918-3 _ _.17 Article 4 — Procedures and Applications ................................................. ............................... Schertz Unified Development Code B. Application Requirements Any request for a variance shall be accompanied by an application prepared in accordance with the Development Services Department Development Manual. C. Processing of Application and Decision Submittal An application for a variance shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee may, at its option, request a recommendation from any other appropriate City Department or consultant. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing == a recommendation on the application. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the BOA for consideration. 2. Notification Requirements An application for a variance requires the following notification in accordance with section 21.4.3: a. written notice; and b: published notice. 3. Decision by the BOA a. The BOA shall receive the recommendation of the City Manager or his/her designee and shall hold a public hearing in accordance with section 21.4.4. The Board may vote to approve, approve with conditions, or deny the variance. b The Board may, on its own motion or by request of the property owner, postpone consideration of the variance to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the final decision. C. The approval shall be effective for a period of 180 days after the date of such approval. If no application for building permit is submitted within that time, the variance shall become null and void. Formatted: DocInfo Article 4 — Procedures and Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code d. The disapproval of a variance shall require compliance by the applicant, if applicable, within fifteen (15) days after the date of disapproval and upon written notification by staff. D. Criteria for Approval In order to make a finding of hardship and grant a variance from the zoning regulations of this UDC, the Board must determine the following: 1. the requested variance does not violate the intent of this UDC or its amendments; 2. special conditions of restricted area, topography or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district; 3. the hardship is in no way the result of the applicant's own actions; and 4. the interpretation of the provisions in this UDC or any amendments thereto would deprive the applicant of rights commonly enjoyed by other properties in the same - zoning district that comply with the same provisions. E. Appeals of BOA Decisions Any person or persons aggrieved by any decision of the BOA, or any taxpayer or any officer, department, board of the City may appeal a decision of the BOA regarding any variance request in accordance with section 21.3.4 of this UDC. F. Finding of Fact The Board shall complete a Finding of Fact for Variance or Appeal to support its conclusion for each variance or appeal presented to it. Sec. 21.4.13 Sec. 21.4.14 A. Purpose and Applicability The purpose of an appeal is to contest an initial decision on a Development Application based upon alleged misapplication of the regulations contained within this UDC and the criteria for approval of the Development Application. An appeal may not be used to amend, vary or otherwise modify the standards of this UDC that apply to the Development Application. Any decision on a Development Application required by this UDC may be appealed to the Board, Commission or the City Council indicated within the procedures for each Formatted: DocInfo .0305 7818.3` 918-3 _ _.19 It I Article 4 — Procedures and Applications ................................................. ............................... Schertz Unified Development Code Development Application. The granting of an appeal supersedes the decision from which the appeal was taken and results in approval, conditional approval or denial of the Development Application for which the approval was sought. Appeal Requirements Any person or persons aggrieved by any decision on a Development Application, or any marshal, officer, department, or board of the City may appeal a decision on a Development Application to the Board, Commission or the City Council responsible for consideration of the appeal as indicate( in this UDC. An appeal shall contain a written statement of the reasons why the decision is erroneous, and shall be accompanied by a fee established by the City Council. An appeal by an applicant shall be accompanied by a copy of the Development Application on which the initial decision was rendered. An appeal may include any other documents that support the position of the appellant. A written appeal must be filed with the City Manager or his/her designee within ten (10) working days after the date of notification of the decision on the Development Application. Processing of Appeal and Decision Submittal An appeal shall be submitted to the City Manager or his/her designee for processing of the Development Application being appealed. Upon receipt of a written appeal; the City Manager or his/her designee shall compile all documents constituting the record of the decision subject to appeal and transmit the record to the Board, Commission or the City Council responsible for considering the appeal. Stay of Receipt of a written appeal of a decision on a Development Application stays all proceedings of the City in furtherance of the decision from which appeal is taken, including without limitation acceptance, processing or issuance of any subsequent Development Applications, and any development activities authorized by initial approval of the Development Application. The stay shall be lifted only if the City Manager or his/her designee certifies in writing to the Board, Commission or the City Council responsible for consideration of the appeal that a stay would cause imminent peril to life or property. Thereafter, the stay may be reinstated only by order of the Board, Commission or the City Council responsible for consideration of the appeal or a court of record, on application, after notice to the City Manager or his/her designee, for due cause shown. Notification Requirements An appeal requires the following notification in accordance with section 21.4.3• Formatted: Doclnfo .0305 350307918-3 _ _.20 Article 4 — Procedures and Applications ................................................. ............................... Schertz Unified Development Code a. written notice; and b. published notice. 4. Decision on Appeal The Board, Commission or the City Council responsible for consideration of the appeal shall hold a public hearing and decide the appeal within thirty (30) days after written receipt of the request for the appeal. The Board, Commission or the City Council responsible for consideration of the appeal shall affirm, reverse or modify the decision from which the appeal was taken. Notification of Decision on Appeal The property owner and the applicant for the Development Application under appeal shall be notified of the decision on the appeal in accordance with section 21.4.5. D. Criteria for Approval In deciding the appeal, the Board, Commission or the City Council responsible for consideration of the appeal shall apply the same criteria that govern the initial decision on the Development Application under the provisions of this Article. E. Expiration and Extension For purposes of determining expiration or extension periods under this UDC, the date the Board, Commission or= the City Council responsible for consideration of the appeal grants relief on the appeal is the date on which the Development Application is deemed approved. 1: Once the Board, Commission or the City Council grants relief on the appeal, a new Development Application or permit application shall be submitted within 180 days after the date of such approval or the appeal shall become null and void. 2. The disapproval of an appeal shall require compliance by the applicant, if applicable, within fifteen (15) days after the date of disapproval and upon written notification by staff. Sec. 21.4.15 Public Infrastructure Improvement Construction Plans and Community Facilities Agreements A. Applicability Every subdivision or development which requires the installation of public infrastructure improvements to serve the proposed subdivision or development is Formatted: DocInfo .0305 7818.3` 918-3 _.2.1 Article 4 — Procedures and Applications ................................................. ............................... Schertz Unified Development Code required to submit construction plans to ensure that the required improvements are constructed in accordance with all applicable standards of this UDC or any other codes of the City pertaining to the construction and installation of the improvements. All public infrastructure improvement construction plans shall be submitted and approved prior to an application for a final plat. B. Application Requirements Any request for an approval of construction plans shall be accompanied by an application prepared in accordance with the requirements of the Public Works Department. The Director of Public Works shall be responsible for determining the form and content of the construction plans. C. Processing of Application and Decision 1. Submittal An application for approval of construction plans shall be submitted to the Director of Public Works prior to or concurrently with an application for final plat. The Director of Public Works shall transmit the plans to the appropriate City Departments and consultants for review. The Director of Public Works shall provide written notification of any items requiring correction or attention within thirty (30) days after submittal of a complete application. 2. Decision by the Director of Public Works The Director of Public Works shall be responsible for the final approval of any construction plans and may approve, approve with conditions, or deny said construction plans. Once the construction plans are approved, the property owner shall provide additional sets of the approved plans to the City, as required by the Director of Public Works, for use during construction. A full set of the City- approved and stamped construction plans must be available for inspection on the job site at all times. isions to Construction Plans If the conditions of approval require revision(s) to the construction plans, one (1) set shall be marked with objections noted (on the plans themselves and in memo format) and returned to the applicant for correction, whereupon the applicant's engineer shall correct the plans as requested and resubmit them for decision. A properly revised set of construction plans shall be submitted to the Director of Public Works. The Director shall approve or deny the revised set of plans. Formatted: DocInfo .0305 350307918-3 _ _.22 E03 Article 4 — Procedures and Applications ................................................. ............................... Schertz Unified Development Code 4. Appeals Any person or persons aggrieved by any decision of the Director of Public Works, or any taxpayer or any officer, department, or board of the City may appeal the decision of the Director of Public Works to the City Council and shall be decided prior to action on a Final Plat. An appeal of the Director's decision must be accompanied by a written statement regarding the grounds for appeal and shall be certified and documented by a professional engineer licensed in the State of Texas. Criteria for Approval When considering final action on public it plans, the Director of Public Works, or consider the following criteria: 1. the plans are consistent with the apl final plat; 2. the plans conform to all appli construction and installation of pub] 3. the plans have been reviewed and a] E. Timing of Public Infrastructure Improvemc 1. Plat Recordation construction peal!; should plat or the proposed is ` pertaining to the improvements; and the City Engineer. Except as provided below, after approval of a preliminary plat and before an approved final plat'' is recorded, the installation of all public infrastructure improvements required to serve the subdivision, whether to be located off- -site or on -site, including but not limited to water, wastewater, drainage, roadway and park improvements, shall be completed in accordance with the approved public infrastructure improvement construction plans. The installation of improvements required for proper drainage and prevention of soil erosion on individual residential lots, and improvements on any common areas shall also be completed prior to recordation of the final plat in accordance with the approved construction plans. Installation after Final Plat Approval The property owner or applicant may request to defer the obligation to construct and install one (1) or more public improvements to serve the subdivision until after final plat recordation. The request shall be submitted with an application for preliminary plat approval to provide fair notice of the intent of the developer. Deferral of the obligation to install public improvements shall be conditioned on execution of a subdivision 350307918-3 23 Formatted: DocInfo osoS Article 4 — Procedures and Applications ................................................. ............................... Schertz Unified Development Code improvement agreement and sufficient surety to secure the obligations defined in the agreement. Off -Site Easements All necessary off site easements required for installation of off -site public improvements to serve the subdivision or development shall be acquired by the subdivider or developer and conveyed solely to the City by a deed approved by the City Attorney. Community Facilities Agreement 1. Obligations under Agreement Whenever public improvements to serve the development are deferred until after recordation of the final plat, the property owner shall enter into a community facilities agreement by which _ the owner covenants to complete all required public improvements, including residential lot improvements for drainage or control, and common area improvements, no later than two (2) years after the date upon which the final plat is approved. The agreement shall be subject to review and approval by the City Attorney and City Engineer, and shall be approved by the City Manager or his/her designee. The agreement shall contain the following provisions: a. covenants to_complete the improvements; b= covenants to warranty the improvements for a period of two (2) years following acceptance by the City; C. covenants to provide a maintenance bond in the amount of 125% of the costs of the improvements for such period; d. provisions for participation in the costs of the improvements by the City, if authorization has been obtained from the City Council, and a performance bond for such improvements from the contractor, with the City as a co- obligee; e provisions for securing the obligations of the agreement consistent with subsection G below; and f. such other terms and conditions as are agreed to by the property owner and the City, or as may be required by this UDC. Covenants to Run with the Land The community facilities agreement shall provide that the covenants contained in the agreement run with the land and bind all successors, heirs Formatted: DocInfo osoS 350307918-3 24 Ci Article 4 — Procedures and Applications ................................................. ............................... Schertz Unified Development Code and assignees of the property owner. All existing lienholders shall be required to execute the agreement or provide written consent to the covenants contained in the agreement. The City shall deliver a release to bona fide third party purchasers of individual lots when all required public improvements have been accepted by the City. Security for Completion of Improvements 1. Security Whenever the obligation to install public improvements to serve a subdivision or development is deferred until after recordation of the final plat, the property owner shall provide sufficient security to ensure completion of the required public improvements. The security shall be in the form of one of the following: a. a cash escrow with the City; b. a performance bond provided by a licensed surety company; C. a certificate of deposit issued by any financial institution which is insured by the Federal Deposit Insurance Corporation or Federal Savings and Loan'' Insurance Corporation assigned to the City and providing for the City to withdraw the deposit if necessary to in a form approved by the City Attorney. The security shall be issued in the amount of 125% of the cost estimate approved by the City Engineer and Director of Public Works for all public improvements associated with the subdivision. The terms of the security agreement shall be subject to the approval of the City Attorney. 3. Building Permits No building permit shall be released until all public improvements within the development have been accepted by the City. 4. Remedies Where a community facilities agreement has been executed and security has been posted and required public improvements have not been installed in accordance with the terms of the agreement, the City may: a. declare the agreement to be in default and require that all the public improvements be installed regardless of the extent of Formatted: DocInfo .0305 350307918-3 _ _.25 H. Article 4 — Procedures and Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code completion of the development at the time the agreement is declared to be in default; b. obtain funds under the security and complete the improvements itself or through a third party; or C. assign its right to receive funds under the security to any third party, including a subsequent owner of the development in exchange for the subsequent owner's agreement and posting of security to complete the public improvements serving the tract. Inspection and Acceptance of Public Inspections Construction inspection shall be supervised Construction shall be in accordance with the significant change in design required during subdivider's engineer, and shall be subject to Works and the City Engineer. If the Director J required public improvements have not b accordance with the approved construction j responsible for completing and/or` correcting tl 2. Submission of As -Built Plans he Public Works Department. roved construction plans. Any traction shall . be made by the -oval by the Director of Public upon inspection that any of the constructed properly and in the property owner shall be blic improvements. The City shall not accept dedication of required public improvements until the applicant's engineer has certified to the Director of Public Works, through submission of a detailed "as built" record drawing or survey plat of the property and any off site easements, the location, dimensions, materials, and other information establishing that the public improvements have been built in accordance with the approved construction plans. Each "as- built" sheet shall show all changes made in the plans during construction and on each sheet there shall be an as -built stamp bearing the signature of the engineer and date. "As- built" items required are as follows: a. one (1) set of full size plans; b. electronic (digital) copies of all plans in CAD .dxf or .dwg format and .pdf format; C. design Engineer's Certificate of Review; and d. letter with guaranties and costs of all infrastructure being dedicated to the City to include information regarding: linear feet of streets, public drainage, sewer lines and water lines. 3. Acceptance of Improvements 350307918-3 _ _.26 Formatted: DocInfo .0305 Sec. 21.4.16 A. Article 4 — Procedures and Applications ................................................. ............................... Schertz Unified Development Code When the Director of Public Works has determined that the public improvements have been installed in accordance with the approved construction plans, the Director shall accept such improvements on behalf of the City. Acceptance of the improvements shall mean that the property owner has transferred all rights to all the public improvements to the City for use and maintenance. The Director of Public Works may accept dedication of a portion of the required public improvements, provided adequate surety has been given for the completion of all of the other improvements. Upon acceptance of the required public improvements, the Director shall have a certificate issued to the property owner stating that all required public improvements have been satisfactorily completed. 4. Disclaimer Approval of a preliminary or final plat by the Planning and Zoning Commission shall not constitute acceptance of any of the public improvements required to serve the subdivision or development. No public improvements shall be accepted for dedication by the City except in accordance with this section. Maintenance and Warranty of Improvements 1. Maintenance During Construction The developer =shall maintain all required public improvements during construction of the development. 2. Bond The developer or owner shall covenant to warranty the required public improvements for a period of one (1) year following acceptance by the City of all required public improvements and shall provide a maintenance bond in the amount of 125% of the costs of the improvements for such period. All improvements located within an easement or right -of -way shall be bonded. An application for a building permit is required within the City corporate limits, or where provided for in a Development Agreement, in the City's ETJ, prior to the placement, construction or alteration of a building or structure. Approval of an application for a building permit authorizes the property owner to construct, alter or place a structure on the lot, tract or parcel. Approval of an application for a building permit also authorizes the property owner, upon completion of a structure intended for human occupancy, to make application for a certificate of occupancy. Formatted: DocInfo .0305 7818.3` 918-3 _ _.27 i L Article 4 — Procedures and Applications ................................................. ............................... Schertz Unified Development Code Application Requirements Any request for a building permit shall be accompanied by an application prepared in accordance with requirements of the Building Inspections Division. The Director of Development Services or his/her designee shall be responsible for determining the form and content of the building permit application. Processing of Application and Decision Submittal An application for a building permit shall be submitted to the Building Inspections Division. The Director of Development Services or his/her designee shall review the application for completeness in accordance with section 21.4.2. The Director of Development Services or his/her designee shall review the permit for compliance with all adopted building codes and regulations and shall provide written notification of any items requiring correction or attention within forty -five (45) days after submittal of a complete application. 2. Decision by the Director The Director of Development Services or his/her designee may approve, approve with conditions, or deny the building permit. 3. Appeals D. __ _____C: T1 fc 1. 2. 3. 4. for or persons „aggrieved by any decision of the Director of Services or his/her designee, or any taxpayer or any officer, rboard of the City may appeal the decision of the Director of Services or his/her designee to the BOA. evelopment Services or his/her designee shall apply the deciding the application for a building permit: the application generally conforms to all prior approved development applications for the property and any variance petition authorizing variation from the standards otherwise applicable to the permit; the location of the structure on the property is in accordance with all prior approved development applications; the proposed plan for construction or alteration conforms to the Building Code and other applicable construction codes adopted by the City; all applicable fees, including impact fees, have been paid; Formatted: DocInfo .0305 350307918-3 _ _.28 Article 4 — Procedures and Applications ................................................. ............................... Schertz Unified Development Code a final plat of the property has been recorded in the appropriate County plat records; and 6. all public infrastructure required has been installed and accepted by the City and all electric, gas, telephone and cable utility services necessary to serve the development have been installed within the development. E. Issuance No building permit shall be issued on property that is not a lot of record with the following exceptions: additions to existing structures not exceeding twenty -five percent (25 %) of the building at the time of the adoption of this UDC; and interior finish out or improvements to existing structures. End of Article 4 Formatted: DocInfo .0305 350307918-3 _ _.29 Article 4 — Procedures and Applications ................................................. ............................... Schertz Unified Development Code [This page intentionally left blank.] osoS 7818.3` r 30 Formatted: DocInfo Article 5 — Zoning Districts ........................................ ............................... Schertz Unified Development Code Article 5 Zoning Districts Sec. 21.5.1 Purpose and Applicability The zoning regulations and districts contained in this Article are established in accordance with the adopted Comprehensive Land Plan and as authorized by LGC Chapter 211, for the purpose of promoting the public health, safety, morals and general welfare, and protecting and preserving places and areas of historical, cultural and/or architectural importance and significance within the City limits. They have been designed to lessen the congestion in the streets, to secure safety from fire, panic and other dangers, to ensure adequate light and air, to prevent the overcrowding of land and thus avoid undue concentration of population, and to facilitate the adequate provision of transportation, water supply, wastewater treatment, schools, parks and other public requirements. They are established with reasonable consideration for, among other things, the character of each zoning district and its peculiar suitability for the particular uses specified, conserving the value of buildings and environmentally sensitive features, and encouraging the most appropriate use of land throughout the City. Sec. 21.5.2 Zonine Districts Established. Limitations on R -6 The City is hereby geographically divided into zoning districts and the boundaries of those districts herein are delineated upon the Official Zoning Map of the City. The use and dimensional regulations as set out in this Article are uniform in each district. Zoning districts are established in compliance with adopted Comprehensive Land Plan and Master Thoroughfare Plan. The districts established shall be known as follows: Formatted: DocInfo Symbol Table 21.5.2 Zoning District Name PRE Predevelo ment District R -1 Single-Family Residential District R -2 Single-Fairrily Single-Family Residential District R -3 Two-Family Residential District R -4 Apartment /Multi- Family Residential District R -6 Single-Family Residential District See Ordinance No. 10 -S -29 R -7 Single-Family Residential District See Ordinance No. 10 -S -29 R -A Single-Family Residential/Agricultural District GH Garden Home Residential District TH Townhome District MHS Manufactured Home Subdivision District MHP Manufactured Home Park District OP Office and Professional District NS Neighborhood Services District GB General Business District GB -2 General Business District -2 M -1 Manufacturing District (Light) M -2 Manufacturing District (Heavy) GC Golf Course District PUB Public Use District PDD Planned Development District Formatted: DocInfo Article 5 — Zoning Districts ........................................ ............................... Schertz Unified Development Code Sec. 21.5.3 Initial Zoning Ui)on Annexation A. As soon as practical following annexation, but in no event more than 183 >calendar days thereafter, the City Council shall, on its own 'motion or by request of the property owners of the annexed area, initiate proceedings to establish the initial zoning on the newly annexed territory. Unless' otherwise requested by application of the property owner, the initial zoning of newly annexed territory shall be Predevelopment (PRE). B. The initial zoning of a land parcel, whether by motion of the City Council or by request of the property owner shall be processed in the same manner as a request for a zoning change in accordance with section 21.5.4. Notification requirements and the responsibility of the planning and Zoning Commission and City Council shall be in accordance with a request for a zoning change. C. The owner of land to be annexed may submit an application for zoning the property concurrently with submission of the request for annexation, but no such annexation application may be made conditioned upon the approval of any particular zoning classification. The Planning and Zoning Commission may consider the request for zoning and make a recommendation the City Council prior to final adoption of the annexation ordinance. Any recommendation by the Planning and Zoning Commission shall be conditioned upon approval of the annexation of the property by the City Council. The City Council may act on an ordinance to establish the initial zoning of the property being annexed at the same meeting as the action on the annexation ordinance so long as final approval of the annexation ordinance occurs prior to final approval of the ordinance to establish the zonina. Sec. 21.5.4 Zoning Change /Zoning Map Amendment A. Applicability The City Council may, from time to time, on its own motion, by request of the City Manager or his/her designee, or by application from a property owner, establish or amend the boundaries shown on the Official Zoning Map of the City. A zoning change or zoning map amendment is required Formatted: DocInfo 2 AD Table 21.5.2 Agricultural District ACPDD Agricultural Conservation Planned Development District ENPDD Estate Neighborhood Planned Development District MUPDD Mixed Use Planned Development District HCOD Highway Commercial Design Overlay District CCOD Campus Commercial Overlay District IOD Industrial Overlay District DO Downtown Overlay Districts Sec. 21.5.3 Initial Zoning Ui)on Annexation A. As soon as practical following annexation, but in no event more than 183 >calendar days thereafter, the City Council shall, on its own 'motion or by request of the property owners of the annexed area, initiate proceedings to establish the initial zoning on the newly annexed territory. Unless' otherwise requested by application of the property owner, the initial zoning of newly annexed territory shall be Predevelopment (PRE). B. The initial zoning of a land parcel, whether by motion of the City Council or by request of the property owner shall be processed in the same manner as a request for a zoning change in accordance with section 21.5.4. Notification requirements and the responsibility of the planning and Zoning Commission and City Council shall be in accordance with a request for a zoning change. C. The owner of land to be annexed may submit an application for zoning the property concurrently with submission of the request for annexation, but no such annexation application may be made conditioned upon the approval of any particular zoning classification. The Planning and Zoning Commission may consider the request for zoning and make a recommendation the City Council prior to final adoption of the annexation ordinance. Any recommendation by the Planning and Zoning Commission shall be conditioned upon approval of the annexation of the property by the City Council. The City Council may act on an ordinance to establish the initial zoning of the property being annexed at the same meeting as the action on the annexation ordinance so long as final approval of the annexation ordinance occurs prior to final approval of the ordinance to establish the zonina. Sec. 21.5.4 Zoning Change /Zoning Map Amendment A. Applicability The City Council may, from time to time, on its own motion, by request of the City Manager or his/her designee, or by application from a property owner, establish or amend the boundaries shown on the Official Zoning Map of the City. A zoning change or zoning map amendment is required Formatted: DocInfo 2 Article 5 — Zoning Districts ........................................ ............................... Schertz Unified Development Code to establish the use of land and the development associated with the proposed zoning classification for the purpose of establishing and maintaining sound, stable and desirable development within the City. Approval of a zoning change or zoning map amendment authorizes a property owner to submit subsequent development applications consistent with the amendment. B. Application Requirements Application Required Any request for a zoning change or zoning map amendment shall be accompanied by an application and zoning exhibit prepared in accordance with the Development Services Department Development Manual. 2. Accompanying Applications A request for a zoning change_ or zoning map amendment may be accompanied by an application for amendment of the Future Land Use Map or by a Subdivision, Master Plan =. Approval of a zoning change or zoning map amendment shall require all subsequent development applications to be consistent with the approved amendments. Tax Certificate Required All applications made as a request for a zoning change or zoning map amendment shall be accompanied by a copy of a Tax Certificate. C. Processing of Application and Decision 1. Submittal An application for a zoning change or zoning map amendment shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee may, at its option, request a recommendation from any other City Department or consultant. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the Planning and Zoning Commission for consideration. 2. Notification Requirements Formatted: D.rInfo osoS 7818.3` rho y 3 Article 5 — Zoning Districts ........................................ ............................... Schertz Unified Development Code An application for a zoning change or zoning map amendment requires the following notification in accordance with section 21.4.3: a. written notice prior to consideration by the Planning and Zoning Commission; and b. published notice prior to consideration by the City Council. Commission Recommendation The Planning and Zoning Commission accordance with the Texas Open Meet make a written recommendation regardir zoning map amendment to the City Cat Commission may recommend approva denial of the amendment. The Planning its own motion or by request of consideration of the request to a certain (30) calendar days after the date of the review additional information or''inodifi bearing on the recommendation to the Cii 4. Decision by City hall hold a public hearing in ,s Act and section 21.4.4 and a proposed a zoning change or il. The Planning and Zoning approval with conditions, or d Zoning Commission' may, on e property owner, postpone rte that is not more than thirty Trent consideration in order to [ions which may have a direct The City Council shall receive the 'written recommendation of the Planning and Zoning Commission regarding a proposed zoning change or zoning map amendment and shall hold a public hearing in accordance with the Texas Open Meetings„ Act and section 21.4.4. The City Council may vote to approve, approve with conditions, or deny the amendment. The City Council may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the final decision. 5. Consideration of Previously Denied Amendments A request for a zoning change or zoning map amendment for a tract of land shall not be considered by the Planning and Zoning Commission or the City Council within six (6) months after the Council's decision to deny the request unless the request is to a different zoning classification or there has been a substantial change in the conditions surrounding the parcel since the initial request. For the purpose of this section, a request may be considered substantially different if the change is to a different zoning classification, there is a change in conditions relating to zoning principles of the property or surrounding properties or there is a change in the nature of the development of the property or surrounding properties. The City Formatted: D.rInfo osoS 7818.3` rho y 4 Article 5 — Zoning Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code Manager or his/her designee shall have the authority to determine whether the request is substantially different from the initial request. D. Criteria for Approval The Planning and Zoning Commission, in making its recommendation, and the City Council, in considering final action on a zoning change or zoning map amendment, should consider the following criteria: 1. whether the proposed zoning change or zoning map amendment implements the policies of the adopted Comprehensive Land Plan, including the land use classification of the property on the Future Land Use Map; 2. whether the proposed zoning change or zoning map amendment promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City; 3. whether the uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified-, 4. whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers or other public services and utilities to the area; 5. whether there have been environmental and/or economical changes which 6. whether there is an error in the original zoning of the property for which a change is requested; 7. whether all of the applicant's back taxed owed to the City have been paid in full (no application will receive final approval until all back taxed are paid in full) and, S. whether other criteria are met, which, at the discretion of the Planning and Zoning Commission and the City Council, are deemed relevant and important in the consideration of the amendment. E. Protests 1. If a proposed zoning change or zoning map amendment is protested in accordance with this section, the proposed change must receive, in order to take effect, the affirmative vote of at least three - fourths (3/4) of all members of the City Council according to LGC §211.006(d). The protest must be written and signed by the owners of at least twenty percent (20 %) of either• Formatted: D.rInfo 5 Article 5 — Zoning Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code a. the area of the lots or land covered by the proposed zoning change or zoning map amendment; or b. the area of the lots or land immediately adjoining the area covered by the proposed zoning change or zoning map amendment and extending 200 feet from that area. In computing the percentage of land area under section 21.5.4.E.I above, the area of streets and alleys shall be included. Sec. 21.5.5 Statement of Purpose and Intent for Residential Districts A. Predevelopment District (PRE) Intended for use for undeveloped land in the City or as a temporary designation for existing uses for newly annexed property. This zoning is also suitable for areas where development is premature due to lack of utilities, capacity or service and for areas that are unsuitable for development because of physical constraints or potential health or safety hazards. No improvements, construction or structures may be undertaken without obtaining a building pen-nit and no occupancy of such improvements and structures without obtaining a_certificate of occupancy. B. Single - Family Residential District (R-1) Comprised of single-family detached residential dwellings on a minimum lot size of 9,600 square feet, together with the schools, churches, and parks necessary to create basic neighborhood units. C. Single - Family Residential District (R -2) Comprised of single-family detached residential dwellings with a minimum lot size of 8,400 square feet, together with the schools, churches, and parks necessary to create basic neighborhood units. D. Two - Family Residential District (R -3) Comprised of two (2) single - family attached residential dwellings with a minimum lot size of 9,000 square feet, together with the schools, churches, and parks necessary to create basic neighborhood units. E. Apartment /Multi - Family Residential District (R -4) Intended for apartment and multi - family developments including, but not limited to apartment buildings, duplex, garden apartments, condominium units, assisted living centers, nursing homes and other similar uses. Due to the infrastructure requirements for such districts, the City may require the applicant seeking such zoning classification to establish (i) the adequacy of available access and utility facilities, (ii) sufficiency of drainage, and (iii) provision of sufficient open space. 6 Formatted: D.rInfo Article 5 — Zoning Districts ........................................ ............................... Schertz Unified Development Code The minimum lot size in such district is 10,000 square feet for three (3) units and 1,800 square feet for each additional dwelling unit. The maximum density shall be twenty -four (24) units per acre. Apartment /Multi - family Residential Districts should not be located in areas where they would increase traffic through single - family neighborhoods and should be located adjacent to arterial streets with sufficient capacity to carry the increased traffic generated. Multi- family developments are suitable buffers between single - family districts and commercial uses. Multi - family districts should be buffered from non - residential land uses and from pollution sources and environmental hazards. Twenty percent (20 %) of the total platted area shall be provided as common, usable open space. Single - Family Residential District (R -6) Comprised of single - family detached residential dwellings that are on a minimum lot size of 7,200 square feet, together with the schools, churches, and parks necessary to create basic neighborhood units. This District is intended to be developed using the more contemporary building styles and allowing those dwellings to be constructed on relatively small lots. (See Ordinance No. 10 -S -29) G. Single - Family Residential District (R-7) Comprised of single - family detached residential dwellings on a minimum lot size of 6,600 square feet, together with the schools, churches, and parks necessary to create basic neighborhood units. This District is intended to be developed using the more contemporary building styles and allowing those dwellings to be constructed on relatively small lots. (See Ordinance No. 10 -S -29) H. Single- Family Residential/Agricultural District (RA) Intended to provide for areas in which agricultural land may be held in such use for as long as is practical and reasonable. Residences in this District are intended to be on a minimum lot size of 21,780 square feet (one -half acre). This District is suitable for areas where development is premature due to lack of utilities, capacity or service, and for areas that are unsuitable for development because of physical restraints or potential health or safety hazards. Garden Homes Residential District (GH) Comprised of single - family detached residential dwellings on a minimum lot size of 5,000 square feet together with the schools, churches, and parks necessary to create basic neighborhood units. This District allows the main structure to be constructed coincident with one (1) of the side property lines, and requires only one (1) side yard setback in order to maximize lot usage and yet maintain a neighborhood character consistent with conventional single - family detached homes. No area shall be designated GH that contains less than five (5) adjoining lots on a street. Zero lot line homes shall have no windows on the side of the house, which 7 Formatted: D.rInfo Article 5 — Zoning Districts ........................................ ............................... Schertz Unified Development Code abuts the property line. Entire frontage of one (1) side of the street in the block must be included in the GH designation. Exception may be made where an alley breaks the block on that side of the street. Homes will be uniformly located on the same side of the lot within a street block. Townhome District (TH) Comprised of an attached residential dwelling unit in structures built to accommodate three (3) to six (6) units per structure. Density shall not exceed twelve (12) units per gross acre. Townhome units shall be constructed on a single lot, or on adjacent individual lots. Individual ownership of the Townhome units is encouraged. Minimum lot area shall not be less than 2,500 square feet per dwelling unit. Ten percent (10 %) of the total platted area shall be provided as common, usable open space. This District should not be located in areas where it would increase traffic through single - family neighborhoods and should be adjacent to arterial streets with sufficient capacity to carry the increased traffic generated. K. Manufactured Home Subdivision Intended to recognize that certain areas of the City are suitable for a mixture of single - family dwelling units and HUD -Code manufactured homes, to provide adequate space and site diversification for residential purposes designed to accommodate the peculiarities and design criteria of manufactured homes, along with single - family residences, to promote the most desirable use of land and direction of building development, to promote stability of development, to protect the character of the district, to conserve the value of land and buildings, and to protect the City's tax base. This District provides for the creation and/or subdivision of any lot, tract or parcel of land used for the placement of manufactured homes. This District is not intended to prohibit or unduly restrict any type of housing but to ensure compatibility in housing types between manufactured home subdivisions and surrounding single family residential subdivisions and recognizine their inherent differences. L. Manufactured Hume Park District (MHP) Intended = to '' provide adequate space and site diversification for residential purposes designed to accommodate the peculiarities and design criteria of manufactured homes, to promote the most desirable use of land and direction of building development, to promote stability of development, to protect the character of the district, to conserve the value of land and buildings, and to protect the City's tax base. This District provides for the creation of tracts of land used for the placement of multiple manufactured homes on a single lot, tract or parcel of land and utilized for rent or lease. This District is not intended to prohibit or unduly restrict any type of housing but to ensure compatibility between manufactured home parks and surrounding properties and recognizing the Formatted: D.rInfo Article 5 — Zoning Districts ........................................ ............................... Schertz Unified Development Code inherent differences in housing types between manufactured home parks and other residential districts. M. Agricultural District (AD) Intended to provide as a base zoning district in areas designated as Agricultural Conservation on the North and South Schertz Framework Plans. Residences in this District are intended to be on a minimum lot size of 217,800 square feet (five acres). Clustering of up to 2 homes may be allowed on the same lot subject to setback requirements. This District is suitable for areas where development is premature due to lack of utilities, capacity or service, and for areas that are unsuitable for development because of physical restraints or potential health or safety hazards. Sec. 21.5.6 Statement of Purpose and Intent for Nonresidential Districts A. Office and Professional District (OP) Intended to provide suitable areas for _the development of office structures as well as office park developments on appropriately designed and attractively landscaped sites. It is also intended to provide ancillary retail service (restaurants, coffee shops, newsstands, etc.) for such office developments. Due to the intensity of these developments, this District should be generally located along major transportation corridors, and be properly buffered from less intensive residential uses. B. Neighborhood Services District (NS) Intended to provide suitable areas for the development of certain limited service and retail uses in proximity to residential neighborhoods in order to more conveniently accommodate the basic everyday retail and service needs of nearby residents. Such uses occur most often on the periphery of established neighborhoods at the intersection of collectors and minor arterials, and are generally on sites of approximately one (1) to three (3) acres in size. These developments are to have generous landscaping and contain non - residential uses, which do not attract long distance traffic trips. This District should be properly buffered from residential uses and protected from pollution and/or environmental hazards. C. General Business District (GB) Intended to provide suitable areas for the development of non - residential uses which offer a wide variety of retail and service establishments that are generally oriented toward serving the overall needs of the entire community. These businesses are usually located on appropriately designed and attractively landscaped sites and along principal transportation corridors. D. General Business District -2 (GB -2) Formatted: D.rInfo 9 E. F. G H. Article 5 — Zoning Districts ........................................ ............................... Schertz Unified Development Code Intended to provide suitable areas for the development of non - residential and light industrial uses that offer a wide variety of retail and service establishments that are generally oriented toward serving the overall needs of the entire community. These businesses are usually located on appropriately designed and attractively landscaped sites and along principal transportation corridors. These facilities should not emit dust, odor, smoke, gas or fumes, or any other hazardous elements, which are detectable beyond the boundary of the property. Due to the traffic generated by such uses, these districts should be located on arterial streets. In reviewing the proposed development, other infrastructure considerations such as water, electric, sewer, gas and fire line pressure should be taken into account. Where several lots are to be jointly developed'' as a light manufacturing area, restrictive covenants and development restrictions encouraging high -level design and maintenance are encouraged. Manufacturing District -Light (M -1) Intended to provide a suitable area for assembly and manufacturing, warehouse facilities should not emit dust, odor, smoke, elements, which are detectable beyond the traffic generated by such uses, these district In reviewing the proposed development, o1 as water, electric, sewer, gas and fire line I Where several lots are to be jointly dove restrictive covenants and development resti and maintenance are encouraged. ie development of light industrial, and distribution facilities. These ;as or fumes, or any other hazardous Boundary of the property. Due to the should be located on arterial streets. er infrastructure considerations such essure should be taken into account. >ped as a light manufacturing area, ,tons encouraging high -level design Intended to provide a, suitable park -like area for the development of intensive industrial/manufacturing activities, which tend to emit certain offensive features such as odor, noise,'` dust, smoke and/or vibrations, but under controlled conditions. Specific Use Permit will be required by all activities locating in this area. Uses shall also recognize the need for increased water pressure and capacity in order to provide adequate fire protection. Public Use District (PUB) Intended to identify and provide a zoning classification for land that is owned or may be owned by the City, County, State, or Federal Government or the School District; land that has been dedicated to the City for public use such as parks and recreation, and land designated and dedicated to the City as a greenbelt. Golf Course District (GC) Intended to identify and provide a zoning classification to accommodate the peculiarities and design criteria for land that is publicly or privately owned for use as public or private golf courses and any supporting or related club houses, utility Formatted: D.rInfo .0305 350307918-3 _.10 Article 5 — Zoning Districts ........................................ ............................... Schertz Unified Development Code buildings and related amenities (including but not limited to pro shops, swimming pools, tennis courts, restaurants, and bars). Sec. 21.5.7 Dimensional and Developmental Standards A. General All projects or developments shall comply with all of the applicable dimensional and development standards of this Article. Additional requirements may also apply as required in other sections of this UDC. All area requirements and lot sizes shall be calculated based on gross acres. 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Additional Dimensional and Development Standards 1. All lots developed for residential purposes shall comply with the lot area, minimum setbacks and height requirements established in Table 21.5.7A for the zoning district(s) in which the lot(s) is /are located. All lots developed for allowed non - residential purposes, within residential zoning districts, shall comply with lot, area and height requirements established in Table 21.5.7A for the zoning district(s) in which the lot(s) is /are located. 2. All lots developed for non - residential purposes shall comply with lot, area, minimum setbacks, and maximum height requirements established for the zoning district(s) in which the lot(s) is located, as established in Table 21.5.7B. 3. All lots shall have at least the minimum area, width and depth as indicated in the Tables 21.5.7A and 21.5.7B in this section. 4. Platted subdivisions established by a duly approved plat filed prior to adoption of this UDC shall be exempt from meeting any new lot width, depth, and/or square footage requirements. 5. No lot existing at the time of passage of this UDC shall be reduced in size below the minimum area requirements set forth in Tables 21.5.7A and 21.5.7B. 6. Minimum lot size requirements shall not apply to previously platted lots that are annexed into the City, but shall apply in the event of a vacation and replat of such property. All other requirements of this UDC shall 7. No portion of any building on a residential lot may be located on any lot closer to any lot line or to the street right -of -way line than is authorized in Table 21.5.7A set forth in this section unless otherwise listed below: a. Where the frontage on one (1) side of a street is divided by two (2) or more zoning districts, the front yard setback shall comply with the requirements of most restrictive district for the entire frontage between the nearest intersecting streets. b. Where the building setback line has been established by plat and exceeds the requirements of this UDC, the more restrictive setback line shall apply. C. The front yard setback shall be measured from the property line to the front face of the building, covered porch, covered terrace, or attached accessory building. Eaves and roof extensions may project into the required front yard, not to exceed two feet (2'). Formatted: DocInfo osoS 350307918-3 13 d. Side Yards: Every part of a required side yard shall be open and unobstructed except for accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices and other architectural features projecting not to exceed twelve inches (12 ") into the required side yard, and roof eaves projecting not to exceed twenty -four inches (24 ") into the required side yard. e. Rear Yards: Every part of a required rear yard shall be open and unobstructed, except for accessory buildings, uses and structures as permitted and the ordinary projections of window sills, belt courses, cornices and roof overhangs and other architectural features projecting not to exceed twenty-four inches (24 ") into the required rear yard. f. Where lots have double frontage, running from one street to another, a required front yard setback shall be provided on both streets. g. Mixed Use Building: In a building serving dwelling and other uses, in any district, the height and area regulations applicable to non - residential buildings shall apply. h. There shall not be more than one (1) residential dwelling on a platted lot of a duly recorded plat of a single - family residential use. Sec. 21.5.8 Permitted Use Table A. Use of Land and Buildings Structures, land or premises shall be used only in accordance with the use permitted in the following use table subject to compliance with the dimensional and development standards for the applicable zoning district and all other applicable reouirements of this UDC. B. Permitted Principal Uses No principal use shall be permitted in any district unless it appears in the followim! Permitted Use Table. 1. 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New and Unlisted Uses It is recognized that new or unlisted types of land use may seek to locate in the City. In order to provide for such contingencies, a determination of any new or unlisted form of land use shall be made in accordance with this section. 2. For uses in which an applicant requests a Specific Use Permit, the City Manager or his/her designee shall follow the procedures for granting an SUP in accordance with section 21.5.11 of this UDC. 3. It is recognized that the permitted use chart may require amendment, from time to time, to allow for uses that were otherwise not permitted. In the event an amendment to the permitted use chart is required, the procedure for the amendment shall be the same as required for an amendment to the text of the UDC in accordance with section 21.4.7 of this UDC. Sec. 21.5.9 Special Districts A. Air Installation Compatible Use Zone District ( AICUZ) 1. Established to provide control on encroachment around a military airfield, encroachment that could destroy the harmonious relationship existing between the local community and a military airfield. This could eventually lead to the removal of the airfield, which would affect the economy of the area. Restrictions established in accordance with suggested guidelines and studies published by the military will control the development, construction and density of the area. The area is subject to high frequency of noise from aircraft and is at high risk to potential aircraft accidents. All uses and regulations contained within the AICUZ shall be in accordance with the AICUZ study and regulations published by Randolph Air Force Base. A request for development that is not a permitted use by the AICUZ Study, as adopted by the City, or a request for zoning change for property located within the AICUZ requires written notification to Randolph Air Force Base (RAFB) of the proposed development, type occupancy, occupant load, hours of operation, and any special conditions of the project that may include noise, dust, smoke emissions, etc., and any proposed request for a zone change within the AICUZ, with applicable reference the Standard Land Use Code Manual (SLUCM) as adopted in the AICUZ Study. An acknowledgment from RAFB will be requested on the proposed development within sixty (60) days. RAFB may conclude that the proposed development or zoning change should be permitted. Unless RAFB affirmatively recommends to the City that the proposed development or zoning change in the AICUZ be permitted, the development or zoning change will not be approved by the City. Failure Formatted: DocInfo .0305 7818.3` 918-3 _ _.20 on the part of RAFB to respond within sixty (60) days will be deemed to be disapproval. B. Planned Development District (PDD) A contiguous land area of a minimum size, as specified by this UDC and this Article, to be planned and developed using a common master zoning plan, and containing one or more uses and appurtenant common areas. C. Agricultural Conservation Planned Development Dist Intended to provide an alternative cluster neighborhooi as Agricultural Conservation on the North and South S Residences in this District may be on lots smaller than District maintains an overall gross residential densit; a minimum of 70% of gross area of the development conservation easement (public or private ownership) in a natural state or be used for agricultural purposes contiguous land area of 40 acres in size, as specified (Sec. 21.5.12), to be planned and developed using a and containing single - family residential and/or agric open space. (ACPDD) tion in areas designated °tz Framework Plans. gyres provided the of 0.2 I in open open space may remain ACPDD shall be a is UDC and this Article ton master zoning plan, I uses and preserved D. Estate Neighborhood Planned Development District (ENPDD) Intended to provide for an alternative zoning option for areas in the South Schertz Framework Plan designated as Estate Neighborhood or zoned RA. Residences in this District may be on lots smaller than 0.5 acres provided the District maintains an overall gross residential density of 2 DU /Acre and provide a minimum of 50% of gross area of the development in open space or conservation easement (public or private ownership). The open space may remain in a natural state or be used for agricultural purposes. The ENPDD shall be a contiguous land area of at least 20 acres in size, as specified by the UDC and this Article (Sec. 21.5.13), to be planned and developed using a common master zoning plan, and containing single - family residential and/or agricultural uses and preserved open space. F. Mixed Use Planned Development District ( MUPDD) Intended to implement mixed use and traditional neighborhood development goals (i.e, Mixed Use Core, Neighborhood Center, and Neighborhood designations) of the North and South Schertz Framework Plans. The MUPDD shall be a contiguous land area of a minimum size, as specified by this UDC and this Article (Sec. 21.5.14), to be planned and developed using a common master zoning plan, and containing a complementary mix of residential, office, retail, civic, and service uses, a network of pedestrian- oriented streets and open spaces. G. Design Overlay Districts (DO) The purpose of this section is to provide a set of Design Overlay Districts that correspond with existing zoning and establish a coherent character and encourage enduring and attractive development that implement the North and South Schertz .0305 350307918-3 _.2.1 Formatted: DocInfo Framework Plans and the Schertz Downtown Plan. All development within the Design Overlay Districts shall meet the Dimensional and Development standards within Sec. 21.5.15 in lieu of the standards in Sec. 21.5.7 unless specified otherwise. The four Design Overlay Districts are: Campus Commercial Overlay District, Highway Commercial Overlay District, Industrial Overlay District, and Downtown Overlay District. Sec. 21.5.10 Planned Development District A. Applicability The purpose of the Planned Development District is to promote and encourage innovative development that is sensitive to surrounding land uses and to the natural environment. If this necessitates varying from available zoning districts, the proposed development should demonstrate community benefits. A PDD should not be used to deviate from the provisions of this UDC in a way that contradicts its intent. B. Application Requirements 1. Application Required Any request for a PDD shall be accompanied by an application prepared in accordance with the Development Services Department Development Manual. 2. Accompanying Applications A request for a PDD may be accompanied by an application for amendment of the Future Land Use Map or by a Subdivision Master Plan. Approval of a PDD shall require all subsequent development applications to be consistent with the approved development regulations. 3. Tax Certificate Required All applications made as a request for a PDD shall be accompanied by a copy of a Tax Certificate. 4. Minimum Planned Development District Size No PDD may be established on any area less than the following in size: a. Single Family Residential: two (2) acres; b. Multifamily Residential: two (2) acres; C. Nonresidential: two (2) acres; or Formatted: DocInfo .0305 7818.3` 918-3 _ _.22 A d. Mixed Residential and Nonresidential: five (5) acres. Processing of Application and Decision Submittal An application for a PDD shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee may, at its option, request a recommendation from any other City Department or consultant. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the Planning and Zoning Commission for consideration. 2. Notification Requirements 3. An application for a Planned Development District requires the following notification in accordance with section 21.4.3: a. written notice prior to consideration by the Planning and Zoning Commission, and b. published notice prior to consideration by the City Council The Planning and Zoning Commission shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 and make a written f recommendation regarding a PDD to the City Council. The Planning ' and Zoning Commission may reconunend approval, approval with conditions, or denial of the amendment. The Planning and Zoning Commission may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the recommendation to the City Council. 4. Decision by City Council The City Council shall receive the written recommendation of the Planning and Zoning Commission regarding a PDD and shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4. The City Council may vote to approve, approve with conditions, or deny the amendment. The City Council may, on its own osoS 350307918-3 23 Formatted: DocInfo motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the final decision. D. Development Standards 1. Development standards for each PDD shall be set forth in an ordinance granting the PDD and may include but shall not be limited to uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, sign's, lighting, management associations, and other requirements as the;. City Council may deem appropriate. 2. In the PDD, the particular district(s) to which uses specified in the PDD are most similar shall be stated in the granting ordinance. All PDD applications shall list all requested variances from the standard requirements set forth throughout'' this UDC (applications without this list will be considered incomplete). 3. The ordinance granting a and intent of the PDD variances in each distric reason for the PDD reaue 'DD stall include a statement as to the purpose ranted ,therein. A specific list is required of or districts and a general statement citing the all other sections of the UDC unless itinv ordinance. y Council shall approve and file, as part of the plans and standards for each PDD. During the ess a development plan (or detailed Master Plan) The applicant shall submit a conceptual plan. The plan shall show the applicant's intent for the use of the land within the proposed PDD in a graphic manner and shall be supported by written documentation of proposals and standards for development. Formatted: DocInfo osoS 350307918-3 24 a. A conceptual plan for residential land use shall show general use, thoroughfares, and preliminary lot arrangements. For residential development which does not propose platted lots, the conceptual plan shall set forth the size, type, and location of buildings and building sites, access, density, building height, fire lanes, screening, parking areas, landscaped areas, and other pertinent development data. b. A conceptual plan for uses other than residential uses shall set forth the land use proposals in a manner to adequately illustrate the type and nature of the proposed development. Data which may be submitted by the applicant, or required by the City Council, may include, but is not limited to, the types of use(s),_topography, and boundary of the planned development area, physical features of the site, existing streets, alleys, and easements, location of future public facilities, building heights and locations, parking ratios, and other information to adequately describe the proposed development and to provide data for approval which is used in drafting the final development plan. C. Changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, building height, or coverage of the site and which do not decrease the off - street parking ratio, reduce the yards provided at the boundary of the site, or significantly alter the landscape plans as indicated on the approved conceptual plan may be authorized by the City Manager or his/her designee. _If an agreement can not be reached regarding whether_ or not a change of detail conforms to the original concept plan, the City Council shall determine the conformity. This plan shall set forth the final plans for development of the PDD and shall conform to the data presented and approved on the conceptual plan. Approval of the development plan shall be the basis for issuance of a building permit. The Development Plan shall be acted upon by the City Council, upon recommendation of the Planning and Zoning Commission. The development plan may be submitted for the total area or any section of the planned development. The development plan shall include: a. a site inventory analysis including a scale drawing of existing vegetation, natural watercourses, creeks or bodies of water, and an analysis of planned changes in such natural features as a result of the development and including a delineation of any flood prone areas; Formatted: DocInfo _.25 b. a scale drawing showing any proposed public or private streets and alleys; building sites or lots; and areas reserved as parks, parkways, playgrounds, utility easements, school sites, street widening and street changes; the points of ingress and egress from existing and proposed streets; general location and description of existing and proposed utility services, including size of water and sewer mains; the location and width for all curb cuts and the land area of all abutting sites and the zoning classification thereof on an accurate survey of the tract with the topographical contour interval of not more than five (5) feet; C. a Site Plan in accordance with section 21.12.14 of this UDC; d. a landscape plan showing screening = walls, ornamental planting, wooded areas, and trees to be planted; and e. an architectural plan showing elevations and signage style to be used throughout the development. Any or all of the required information may be incorporated on a single drawing if such drawing is clear and can be evaluated by the City Staff, the Planning and Zoning Commission and the City Council. Criteria for Approval The Planning and Zoning Commission, in making its recommendation, and the City Council, in considering final action on a PDD, should consider the following implements the policies of the adopted Land 2. whether the proposed PDD promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City; 3. whether the uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified; 4. whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers or other public services and utilities to the area; 5. the extent to which the proposed PDD will result in a superior development than could be achieved through conventional zoning; Formatted: DocInfo .0305 350307918-3 _ _.26 whether all of the applicant's back taxed owed to the City have been paid in full (no application will receive final approval until all back taxed are paid in full); and, whether other criteria are met which, at the discretion of the Planning and Zoning Commission and City Council, are deemed relevant and important in the consideration of the amendment. G. Amendments The City Manager or his/her designee may permit the applicant to make minor amendments to the Conceptual Plan without the necessity of amending the ordinance that established the PDD. If the proposed amendments change and/or impact the nature or purposes of the approved PDD, whether individually or cumulatively, the City Manager may deny the request for approval of the modifications and provide the applicant with the opportunity to revise the proposed amendments to bring them into compliance with the PDD. If an applicant wishes to make any amendments to an approved Concept Plan other than minor amendments approved by the City Manager, the City Manager will submit the amendments to the Planning and Zoning Commission and City Council for review and approval as a revised PDD. Minor amendments shall only be as follows: I. corrections in spelling, distances and other labeling that do not affect the overall development concept; 2. changes in building position or layout that are less than ten feet or ten percent of the total building project or area; 3. changes in proposed property lines as long as the original total project acreage is not exceeded, and the area of any base zoning district is not changed by more than five percent (5 %); and 4 changes in parking layouts as long as the number of required spaces and general original design are maintained. Sec. 21.5.11 Specific Use Permit (SUP) A. Applicabilitv Specific Use Permits allow for discretionary City Council approval of uses with unique or widely varying operating characteristics or unusual site development features, subject to the terms and conditions set forth in this UDC. These uses and the districts where they may be located are listed in Table 21.5.8. Certain uses located within the AICUZ Zone require an SUP. Approval of a specific use permit authorizes a property owner to submit subsequent development applications consistent with the approved SUP. Formatted: DocInfo .0305 7818.3` 918-3 _ _.27 B. Application Requirements Application Required Any request for a Specific Use Permit (SUP) shall be accompanied by an application and SUP exhibit prepared in accordance with the Development Services Department Development Manual. 2. Accompanying Applications An application for a Specific Use Permit shall be accompanied by a Site Plan prepared in accordance with section 21.12.14. Approval of a Site Plan as part of a Specific Use Permit shall meet the requirements for Site Plan approval under section 21.12.14. Tax Certificate Required All applications made as a request for a Specific Use Permit shall be accompanied by a copy of a Tax Certificate. C. Processing of Application and Decision 1. Submittal An application for a Specific Use Permit shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City- Manager or his/her designee may, at its option, request a recommendation from any other City Department or consultant. The City Manager or his/her designee shall notify the applicant of items requiring correction or 'attention before providing a recommendation on the application. After appropriate review, the City Manager or his/her designee shall 'forward a written recommendation to the Planning and Zoning Conunission for consideration. Requirements tion for a Specific Use Permit requires the following in accordance with section 21.4.3: a. written notice prior to consideration by the Planning and Zoning Commission; and b. published notice prior to consideration by the City Council. Formatted: DocInfo .0305 350307918-3 _ _.28 E03 Commission Recommendation The Planning and Zoning Commission shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 and make a written recommendation regarding a proposed Specific Use Permit to the City Council. The Planning and Zoning Commission may recommend approval, approval with conditions, or denial of the SUP. The Planning and Zoning Commission may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the recommendation to the City Council. 4. Decision by City Council The City Council shall receive the written recommendation of the Planning and Zoning Commission regarding a proposed Specific Use Permit and shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4. The City Council may vote to approve, approve with conditions, or deny the SUP. The City Council may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the final decision.n The Planning and Zoning Commission, in making its recommendation, and the City Council, in considering final action on a Specific Use Permit, should consider the following criteria: 1 the proposed use at the specified location is consistent with the policies embodied in the adopted Comprehensive Land Plan; 2. the proposed use is consistent with the general purpose and intent of the applicable zoning district regulations; the proposed use is compatible with and preserves the character and integrity of adjacent developments and neighborhoods, and includes improvements either on -site or within the public rights -of -way to mitigate development related adverse impacts, such as safety, traffic, noise, odors, visual nuisances, drainage or other similar adverse effects to adjacent development and neighborhoods; Formatted: DocInfo .0305 350307918-3 _ _.29 E. 4. the proposed use does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood; 5. the proposed use incorporates roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development generated traffic on neighborhood streets; 6. the proposed use incorporates features to minimize adverse effects, including visual impacts, of the proposed use on adjacent properties; 7. the proposed use meets the standards for the zoning district, or to the extent variations from such standards have been requested, that such variations are necessary to render the use compatible with adjoining development and the neighborhood; S. the proposed use and associated Site Plan promote the health, safety or general welfare of the City and the safe, orderly, efficient and healthful development of the City; 9. no application made under these provisions will receive final approval until all back taxes owed to the City have been paid in full; and 10. other criteria which, at the discretion of the Planning and Zoning Commission and City Council are deemed relevant and important in the consideration of the Specific Use Pen-nit. The Planning and Zoning Commission, in making its recommendation, and the City Council, in considering final action, may require such modifications in the proposed use and attach such conditions to the Specific Use Permit as deemed necessary to mitigate adverse effects of the proposed use and to carry out the spirit and intent of this section. Conditions and modifications may include but are not limited to limitation of building size or height, increased open space, limitations on impervious surfaces, enhanced loading and parking requirements, additional landscaping, curbing, sidewalk, vehicular access and parking improvements, placement or orientation of buildings and entryways, buffer yards, landscaping and screening, signage restrictions and design, maintenance of buildings and outdoor areas, duration of the permit and hours of operation. Expiration of Specific Use Permit A Specific Use Permit shall expire if any of the following occurs: a building permit, if necessary, for the use has not been approved within one (1) year after the approval of the SUP; osoS 350307918-3 30 Formatted: DocInfo 2. a building permit approved as a result of the approval of the SUP expires within two (2) years after the approval of the SUP; 3. the use has been abandoned or discontinued for a period of time exceeding six (6) months; or 4. the SUP expires in accordance with its terms. Sec. 21.5.12 Agricultural Conservation Planned Development District ................................................................................................................................................................................................................................................................................ ............................... (ACPDD) ......... ......... ......... ......... ......... A. Intent and Purpose 1. The Agricultural Conservation Planned Development District (ACPDD) is intended to provide an alternative development option that supports the sustainable development goals of Schertz, protects open space and natural resources, and retains the predominantly rural character in the areas designated as Agricultural Conservation on the South and North Schertz Framework Plans. It is not the intent of Schertz to create a zone for future expansion of urban services through this ordinance. 2. The purposes of the ACPDD: a. To implement the goals of the Schertz Comprehensive Plan and Framework Plans for agricultural conservation; b. To allow development that permanently preserves the open space, agricultural lands, woodlands, wetlands,_ critical views and other natural features of rural Schertz; C. To allow limited development in rural areas that do not contain natural resources, such as agricultural and forest lands, and significant natural areas d. To connect open space, trails, and recreation sites within the Conservation Subdivision District and to the integrated open space and recreation system of Schertz per the Framework Plan and Parks and Open Space Plan. e. To allow flexibility in the placement and type of dwelling units within the subdivision; f. To promote the use of shared septic, drinking water and low- impact stormwater systems that prevent the degradation of water quality; g. To reduce the amount of new roads and to allow flexibility in road specifications for roads serving residences in the District; and h. To reduce the amount of impervious surfaces in subdivisions, including B. Definitions. The following definitions shall apply to the terms used in this Section of the UDC only. For terms not specifically defined under this subsection, Article 16, Definitions shall apply. Active Recreation Uses: shall include playgrounds, ball fields, indoor or outdoor pool /recreation facilities, any recreational area that includes significant infrastructure or physical improvements for the purposes of active sports or osoS 7818.350307918-3 31 Formatted: DocInfo organized events (such as ball fields, basket ball courts, tennis courts, golf courses, and similar facilities). Agricultural Conservation Subdivision (ACS): Any subdivision of land per the standards in this Section of the UDC. Agricultural Land: Land whose primary use is devoted to Agriculture as defined in Article 16. Conservation Easement: A conservation easement is a written agreement between a landowner and the "holder" of the conservation easement under which a landowner voluntarily restricts certain uses of the property to protect its natural, productive or cultural features. The holder of the conservation easement must be a governmental entity or a qualified conservation organization. With a conservation easement, the landowner retains legal title to the property and determines the types of land uses to continue and those to restrict. As part of the arrangement, the landowner grants the holder of the conservation easement the right to periodically assess the condition of the property to ensure that it is maintained according to the terms of the legal agreement.' Designated Open Space: Open space that is designated within an ACS to be placed under a conservation easement permanently restricting future development or other similar legal mechanism. Developable Area: All land it a proposed ACS that are not defined as undevelopable due to environmental conditions or in ordinances adopted by Schertz. Gross Density: A residential density standard establishing the maximum number of dwelling units allowed to be built in an ACS based on the gross acreage of the site that includes all areas designated for streets, infrastructure, and open space. Undevelopable Area: Those lands in a proposed ACS that are restricted from development due to environmental conditions such as steep slopes, the presence of wetlands or waterways, or are restricted from development under ordinances adopted by Schertz . C. Application Requirements 1. Application Required Any request for an ACPDD shall be accompanied by an application prepared in accordance with the Development Services Department Development Manual. 2. Accompanying Applications A request for an ACPDDt may be accompanied by an application for amendment of the Future Land Use Map or by a Subdivision Master Plan. Approval of an ACPDD shall require all subsequent development applications to be consistent with the approved development regulations. Formatted: DocInfo osoS 7818.350307918-3 32 Tax Certificate Required All applications made as a request for an ACPDD shall be accompanied by a copy of a Tax Certificate. 4. Minimum ACPDD Size No ACPDD District may be established on any area less than the following in size: a. 40 contiguous acres (under single or multiple ownership, subject to joint submission); b. Any area that is contiguous with an existing AC District that results in a total area of at least 50 acres. D. Processing of Application and Decision: All applications for an ACPDD shall meet the standards for the Processing of Application and Decision of a PDD in Sec. 21.5. 10 (C) as amended. E. Permitted Uses: Uses permitted by right and by Special Use Permit in the ACPDD shall be the same as the ones permitted by right and Special Use Permit in the Residential /Agricultural (RA) District F. Development Standards: Development in the ACPDD shall meet the standards in this section in addition to other standards set forth in an ordinance granting the ACPDD. Other development standards may include density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, management associations, and other requirements as the City Council may deem appropriate. 1. Residential density: The maximum gross density established in ACPDD shall be 0.2 dwelling units per acre. 2. Open Space Requirement: a Conservation Subdivisions shall identify a conservation theme. Conservation themes may include, but are not limited to: forest preservation, water quality preservation, creek preservation, farmland preservation, or view shed preservation. The conservation theme and the North and South Schertz Framework Plans should guide the location and use of the designated open space. b. A minimum of seventy percent (70 %) of the gross total acreage in the application, including developable and undevelopable land, shall be designated as open space for natural habitat, passive recreation, and/or conservation or preservation, including conservation for agricultural and forestry uses. Active recreation uses may be permitted, but the area designated for such active recreation uses shall not exceed 20% of the total required open space. The design criteria for such open space shall be as follows: Formatted: DocInfo osoS 7818.3` r 33 i. Where possible, designated open space shall be contiguous with open space uses on adjacent parcels in order to provide large expanses of open space. ii. Open space in ACPDD shall be physically connected, whenever possible, to the Schertz Open Space System outlined in the Schertz Parks Master Plan and North and South Schertz Framework Plans. Designated public trail systems which abut an ACPDD shall be connected through the subdivision. iii. Access shall be provided to designated active or passive recreation areas or open space or natural areas from one or more streets in the subdivision. iv. Access will not be required if the open space is to remain in active agriculture or forestry or if the natural areas contain habitat where public access should be limited. C. Open Space Ownership and Management. All lands and improvements in designated open space shall be established, managed and maintained in accordance with the following guidelines: i. Designated open space shall be surveyed and subdivided as a separate parcel or parcels. ii. Designated open space must be restricted from further development by a permanent conservation easement running with the land or other similar legal instrument. The permanent conservation easement must be submitted with the application for a ACPDD and approved by City Council. iii. The permanent conservation easement may be held by the following entities, but in no case may the holder of the conservation easement be the same as the owner of the underlying (a) A common ownership association which owns other land within the subdivision and in which membership in the association by all property owners in the subdivision shall be mandatory; (b) An individual who will use the land in accordance with the permanent conservation easement; (c) City of Schertz, or other governmental agency; (d) A private, nonprofit organization that has been designated by the Internal Revenue Service as qualifying under section 501(c)(3) of the Internal Revenue Code; or (e) A combination of the entities in subsection (a)- (d) above. iv. The permanent conservation easement must specify: (a) what entity will maintain the designated open space. (b) the purposes of the conservation easement and the conservation values of the property; (c) the legal description of the land under the easement; (a) the restrictions on the use of the land; (b) the restriction from future development of the land; Formatted: DocInfo osoS 350307918-3 34 Ci 4. (E) (c) to what standards the open space will be maintained; and (d) who will have access to the open space. v. The owner of the underlying fee shall be responsible for the payment of taxes and assessments on any designated open space parcel. Utilities. Individual well and septic systems are allowed in AC subdivisions, however, common utilities (shared water and/or sewer or septic systems) are encouraged. Common utilities shall meet the city's standards for sewage treatment systems. Streets: Streets within the conservation subdivision shall be developed according to the following standards that promote road safety, minimize visual impacts, and minimize impervious surfaces: a. Street design, widths and construction shall conform to the width and standards contained in the street cross section without curb and gutters (or low speed rural cross section) and as reconnuended in the North and South Schertz Sector Plans. b. The number of local street intersections with collector and arterial roads should be minimized, however, the applicant must demonstrate that such intersections are adequate, k the proposed project, and w public. C. If AC subdivisions abut one should be made to emphasi2 extent they to handle traffic generated by he safety of the general or existing development, direct links mection between existing and new ications for an ACPDD shall meet the Ian established for a PDD in Sec. 21.5. 10 the intent or text of the ACPDD. H. Criteria for Approval: All applications for an ACPDD shall meet the Criteria for Approval established for a PDD in Sec. 21.5. 10 (F) to the extent they are not in conflict with the intent or text of the ACPDD. I. Amendments: All applications for an ACPDD shall meet the standards for Conceptual Amendments established for a PDD in Sec. 21.5. 10 (G) to the extent they are not in conflict with the intent or text of the ACPDD. Sec .21513.... Estate N. ghborhood.Planned Development District(ENPDD) A. Intent and Purpose 1. The Estate Neighborhood Planned Development District (ENPDD) is intended to provide an alternative development option that supports the sustainable development goals of Schertz, protects open space and natural resources, and retains the predominantly rural character in the areas designated as Estate Formatted: DocInfo osoS 7818.3` r 35 Neighborhood on the South Schertz Framework Plan. It shall be the alternative option to the RA zoning district. 2. The purposes of the ENPDD are: a. To implement the goals of the Schertz Comprehensive Plan and Framework Plans for areas already zoned for 1/2 acre residential lots; b. To allow development that balances open space preservation with development opportunities by providing a more flexible residential cluster option; C. To connect open space, trails, and recreation sites within the ENPDD and to the integrated open space and recreation system of Schertz per the Framework Plan and Parks and Open Space Plan. e. To allow flexibility in the placement and type of dwelling units within the subdivision; f. To promote the use of shared septic, drinking water and low - impact'. stormwater systems that prevent the degradation of water quality; g. To reduce the amount of new roads and to allow flexibility in road specifications for roads serving residences in the District; and h. To reduce the amount of impervious surfaces in subdivisions, including driveways, B. Definitions. The following definitions shall apply to the terms used in this Section of the UDC only. For terms not specifically defined under this subsection,' Article 16, Definitions shall apply. Active Recreation Uses: shall include playgrounds, ball fields, indoor or outdoor pool /recreation facilities, any recreational area that includes significant infrastructure or physical improvements for the purposes of active sports or organized events (such as ball fields, basket ball courts, tennis courts, golf courses, and similar facilities). 1 Land: Land whose primary use is devoted to Agriculture as defined in 16. Iservation Easement: A conservation easement is a written agreement between a landowner and the "holder" of the conservation easement under which a landowner voluntarily restricts certain uses of the property to protect its natural, productive or cultural features. The holder of the conservation easement must be a governmental entity or a qualified conservation organization. With a conservation easement, the landowner retains legal title to the property and determines the types of land uses to continue and those to restrict. As part of the arrangement, the landowner grants the holder of the conservation easement the right to periodically assess the condition of the property to ensure that it is maintained according to the terms of the legal agreement. Formatted: DocInfo osoS 7818.350307918-3 36 Designated Open Space: Open space that is designated within an ENS to be placed under a conservation easement permanently restricting future development or other similar legal mechanism. Developable Area: All land in a proposed ENS that are not defined as undevelopable due to environmental conditions or in ordinances adopted by Schertz. Estate Neighborhood Subdivision (ENS): Any subdivision of land per the standards in this Section of the UDC. Gross Density: A residential density standard establishing the maximum number of dwelling units allowed to be built in an ENS based on the gross acreage of the site that includes all areas designated for streets, infrastructure, and open space. Undevelopable Area: Those lands in a proposed ENS that are restricted from development due to environmental conditions such as steep slopes, the presence of wetlands or waterways, or are restricted from development under ordinances adopted by Schertz . C. Application Requirements 1. Application Required Any request for an ENPDD shall be accompanied by an application prepared in accordance with the Development Services Department Development Manual. 2. Accompanying Applications A request for an ENPDD may be accompanied by an application for amendment of the Future Land Use Map or by a Subdivision Master Plan. Approval of an ENPDD shall require all subsequent development applications to be consistent with the approved development regulations. Certificate Required applications made as a request for an EN District shall be accompanied by a u of a Tax Certificate. 4. Minimum ENPDD Size No ENPDD may be established on any area less than the following in size: a. 20 contiguous acres (under single or multiple ownership subject to joint submission); b. Any area that is contiguous with an existing ENPDD that results in a total area of at least 25 acres. D. Processing of Application and Decision: All applications for an ENPDD shall meet the standards for the Processing of Application and Decision of a PDD in Sec. 21.5. 10 (C) as amended. Formatted: DocInfo osoS 7818.3` r 37 E. Permitted Uses: Uses permitted by right and by Special Use Permit in the ENPDD shall be the same as the ones permitted by right and Special Use Permit in the Residential /Agricultural (RA) District Development Standards: Development in the ENPDD shall meet the standards in this section in addition to other standards set forth in an ordinance granting the ENPDD. Other development standards may include density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, management associations, and other requirements as the City Council may deem appropriate. 1. Residential density: The maximum gross density established in ENPDD shall be 2 dwelling units per acre. 2. Open Space Requirement: a. A minimum of fifty percent (50 %) of the gross total acreage in the application, including developable and undevelopable land, shall be designated as open space for natural habitat, passive recreation, and/or conservation or preservation, including conservation for agricultural and forestry uses. Active recreation uses may be permitted, but the area designated for such active recreation uses :shall not exceed 10% of the total required open space. The design criteria for such open space shall be as follows: i. Where possible, priority shall be placed on preserving drainage corridors, creeks, steep slopes, wooded areas, view sheds, and other enviromnental elements that can be featured within the EN District. Where possible, designated open space shall be contiguous with existing open space uses on adjacent parcels in order to provide large expanses of open space. ii. Open space in ENPDD shall be physically connected, whenever possible, to the Schertz Open Space System outlined in the Schertz Parks Master Plan and North and South Schertz Framework Plans. Designated public trail systems which abut an ENPDD shall be connected through the subdivision. iii. Access shall be provided to designated active or passive recreation areas or open space or natural areas from one or more streets in the EN subdivision. iv. Access will not be required if the open space is to remain in active agriculture or forestry or if the natural areas contain habitat where public access should be limited. C. Open Space Ownership and Management. All lands and improvements in designated open space shall be established, managed and maintained in accordance with the following guidelines: i. Designated open space shall be surveyed and subdivided as a separate parcel or parcels. Formatted: DocInfo osoS 7818.3` r 38 ii. Designated open space must be restricted from further development by a permanent conservation easement running with the land or other similar legal instrument. The permanent conservation easement must be submitted with the application for an ENPDDt and approved by City Council. iii. The permanent conservation easement may be held by the following entities, but in no case may the holder of the conservation easement be the same as the owner of the underlying fee: (a) A common ownership association which owns other land within the subdivision and in which membership in the association by all property owners in the subdivision shall be mandatory; (b) An individual who will use the land in accordance with the permanent conservation easement; (c) City of Schertz, or other governmental agency; (d) A private, nonprofit organization that has been designated by the Internal Revenue Service as qualifying under section 501(c)(3) of the Internal Revenue Code; or (e) A combination of the entities in subsection (a)- (d) above. iv. The permanent conservation easement must specify: (a) what entity will maintain the designated open space. (b) the purposes of the conservation easement and the conservation values of the property;', (c) the legal description of the land under the easement; (d) the restrictions on the use of the land; (e) the restriction_ from future development of the land; (f) to what standards the open space will be maintained; and (g) who will have access to the open space. v. The owner of the underlying fee shall be responsible for the payment of taxes and assessments on any designated open space 3. Streets: Streets within the EN subdivision shall be developed according to the following standards that promote road safety, minimize visual impacts, and minimize impervious surfaces: a. Street design, widths and construction shall conform to the width and standards contained in the street cross section without curb and gutters (or low speed rural cross section) and or recommended in the North and South Schertz Sector Plans. b. The number of local street intersections with collector and arterial roads should be minimized, however, the applicant must demonstrate that such intersections are adequate, have the capacity to handle traffic generated by the proposed project, and will not endanger the safety of the general public. Formatted: DocInfo osoS 350307918-3 39 C. If EN subdivisions abut one another or existing development, direct links should be made to emphasize the connection between existing and new development. G. Conceptual and Development Plan: All applications for an ENPDD shall meet the standards for Conceptual and Development Plan established for a PDD in Sec. 21.5. 10 (E) to the extent they are not in conflict with the intent or text of the ENPDD. H. Criteria for Approval: All applications for an ENPDD shall meet the Criteria for Approval established for a PDD in Sec. 21.5. 10 (F) to the extent they are not in conflict with the intent or text of the ENPDD. I. Amendments: All applications for an ENPDD shall meet the standards for Conceptual Amendments established for a PDD in Sec. 21.5. 10 (G) to the extent they are not in conflict with the intent or text of the ENPDD. Sec 21.5 14.... Mixed. Use Planned Development District (MUPDD) A. PURPOSE & INTENT The purpose and intent of the Mixed Use Planned Development District ( MUPDD) is to implement the Mixed Use land use category guidelines established in the City's Sector Plan. The MUPDD is intended to: 1. allow a mixture of complementary land uses that include housing, retail, offices, commercial services, and civic uses to create economic vitality and a potential rail - ready development context; 2. emphasize vehicular and pedestrian connectivity to adjacent land uses that balance neighborhood integrity with the transportation benefits of connectivity; 3. establish a high level of development standards to create development of exemplary and enduring quality; 4. encourage the development of vertical and horizontal mixed -use areas that are safe, comfortable and attractive to pedestrians while protecting significant environmentally sensitive areas; 5. provide flexibility in the siting and design of new developments and redevelopment to anticipate changes in the marketplace while establishing human - scaled residential and non - residential buildings; 6. leverage any significant environmental features on the site and treat them as "features" and not constraints; 7. create a variety of connected community gathering places and entertainment opportunities of differing scales and character to make walking easy from one place to another; S. include a range of residential options that reflect changing lifestyles while balancing market demand and community preferences; 9. provide appropriate transitions to protect any existing adjacent neighborhoods and to promote sustained value; and Formatted: DocInfo osoS 7818.3` r 40 10. encourage efficient uses of land by facilitating compact development and minimizing the amount of land that is needed for surface parking. B. RELATIONSHIP TO THE CITY OF SCHERTZ SECTOR PLAN & COMPREHENSIVE PLAN The MUPDD implements the following goals of the Sector Plan: 1. Encourage Mixed Use within a rail -ready development context at the potential Lone Star Rail Station North Schertz. 2. Support an orderly transition of development from IH -35 to rail -ready development 3. Encourage Mixed Use in a Neighborhood Center setting at FM 1518 and Lower Seguin with a well designed neighborhood context around existing schools and amenities in South Schertz. C. APPLICABILITY The MUPDD shall be applicable to all properties that are designa Mixed Use Neighborhood in the City of Schertz's Framework an( osoS 7818.350307918-3 41 as Mixed Use Core and actor Plan. Formatted: DocInfo D. DEFINITIONS The following definitions shall apply to uses and category of uses listed in the MU schedule of uses and to other terms used in this section only. For terms not specifically defined under this subsection, Article 16 Definitions shall apply. Buffer Areas Along Creeks and Flood Plains. These are areas of land parallel to each side of existing creeks and flood plains, set aside to protect riparian vegetation and filter waterborne pollutants. Building Step -back. Building step -back is the setting back of the front building fagade away from the street at a specific floor or height in order to maintain a consistent street wall. Civic Uses. These are uses that are related to arts, culture, education, and government i Comprehensive Land Plan. The Comprehensive Land Plan, as amended, serves as the community's blueprint for future development by providing guidelines for the appropriate location, concentration,and - intensity of future development by land use categories. Conservation Easement. Aconservation easement is a voluntary and permanent, legally binding, deed restriction that limits development of property for the purpose of protecting and preserving a portion of the City's environmentally sensitive and natural resources, including agricultural and ranching areas. The landowner retains title to the property and the easement applies to all subsequent owners. The easement must be held by a qualifying party approved by the City. Continuous Planters. Continuous planters are tree wells between the vehicle lane /parking lane and the sidewalk. These planters run parallel along the sidewalk with a few breaks for pedestrian access from the parking lane to the sidewalk. The planters may be used for street trees and other landscaping including shrubs and ground cover to soften the edge of the pavement. Environmental Preserve. An environmental preserve is natural open space reserved for Land that is under permanent conservation. It consists of areas in the flood plain, woodlands to be preserved, creeks, water bodies, steep grades, and other environmentally sensitive lands. Activities in the environmental preserve shall be limited to natural trails, paths, and equestrian trails. If significant water access is available, canoe put -ins or other passive water recreation activities may be permitted. The size of an environmental preserve may vary depending upon the environmental element being preserved. Environmental preserves may also be in conservation easements. Facade. Fagade(s) is the front of the building facing or oriented toward a street or roadway, excluding alleyways. Formatted: DocInfo osoS 7818.350307918-3 42 Green. A green is an open space available for unstructured recreation. A green may be defined by landscaping rather than buildings. Its landscape consists of land and trees in a natural arrangement, requiring minimal maintenance. The size of a green shall range from 1 acre to 10 acres. Horizontal Mixed Use. Horizontal mixed use is the location of different land uses, including commercial, retail, office, residential, public, and other uses in proximity to one another in separate buildings but in the same development or block. Human Scale or Pedestrian Scale. Human scale is the proportional relationship of a particular building structure, or streetscape element to the human form and function. Human scale relates the size, design, orientation, and/or height of a structure to the height and mass of a pedestrian traveling along the sidewalk or street adjacent to that structure. Generally human scale buildings are oriented towards the street with appropriate design elements and amenities on the building fagades fronting sidewalks to making it inviting for pedestrians. Landscape Concept Plan. A landscape concept plan is a series of drawings that includes design direction and general schematics for all proposed public and private landscaping. Drawings do not have to detail every element but provide images that convey the important landscape design themes. Live -work Unit. A live -work unit is a dwelling unit that is also used for work purposes, provided that the `work' component is restricted to the uses of professional office, artist's workshop, studio, or other similar uses and is located on the street level. The `live' component may be located on the street level (behind the work component) or any other level of the building. Use Development. Mixed use development is any development that s either vertical mixed use or horizontal mixed use in the same ment of one or multiple buildings. Mixed Use Core. Mixed Use Core is a component area of a MU District and is intended to be the area of highest intensity of land uses and buildings within the overall Mixed Use development. The Mixed Use Core may include retail, entertainment, office, institutional, arts, and other uses. Residential uses may be included if they are located in upper floors of mixed use buildings. Mixed Use Transition. Mixed Use Transition is a component area of a MU and is intended to be an area of transition from the Mixed Use Core or Neighborhood to any adjoining land uses. Based on site - specific adjacency conditions, a Mixed Use Transition zone may be classified as one of the following: • Neighborhood Transition zone — the area between an existing residential neighborhood and a Mixed Use core or Neighborhood. Formatted: DocInfo osoS 350307918-3 43 • Major Roadway Transition zone — the area between the Mixed Use Core or Neighborhood and a major roadway corridor. • Environmental Transition zone — the area between the Mixed Use Core or Neighborhood and a major environmental feature. Mixed Use Neighborhood. A Mixed Use Neighborhood is a component area of a MU with predominantly residential uses and open spaces. A Mixed Use Neighborhood may also contain small - scaled civic uses at key locations. Park. A park is a natural preserve available mainly for unstructured recreation. Any structured recreation shall be limited to less than 10% of the park. A park is usually independent of surrounding building frontages. Its landscape consists of natural paths, trails, meadows, woodlands, and open shelters. Its size shall range from 5 - 10 acres. Parks & Open Space Master Plan. The City's adopted Parks & Open Space Master Plan which establishes a comprehensive parks and trail system for the conununity. Plaza. A plaza is an open space available for civic purposes and limited commercial activities. A plaza is spatially defined by buildings and its landscape shall consist primarily of pavement with trees being optional. Plazas are to be located in the Mixed Use Core or Transition areas and shall be under a 1/4 acre in size. Plazas can be extensions of sidewalks for the purpose of providing outdoor seating for restaurants and cafes. [nary or Principal Buildings The primary building on a lot is also known as principal building and is the largest building on any lot that has more than one Primary Entrance. The primary entrance is the main or principal pedestrian enhance of all buildings (except outbuildings). The primary entrance is the entrance designed for access by pedestrians from the sidewalk, or street if a sidewalk is not present. This is the principal architectural entrance even though day-to-day residential access may be via a secondary entrance associated with a garage, driveway or other vehicular use area. Primary Street. A primary street(s) is a street that provides the main point(s) of access from an arterial or collector roadway to the Mixed Use District's interior street network. Public Buildings. Public buildings are buildings used for government or related functions, including public administration, courts, libraries, community centers, and public safety functions. Formatted: DocInfo osoS 350307918-3 44 Public Realm. The public realm is the area from building fagade to building fagade. This includes the street, sidewalks and pedestrian amenities, any landscaping strips or medians, parks, common yards, etc. Public Street, Type A. Type A Public Streets are the primary pedestrian- oriented streets and require a higher quality design environment and minimal accommodation of auto - oriented ancillary uses (driveways and parking) with respect to streetscape and building design. Public Street, Type B. Type B Public Streets form the secondary street network providing access to pedestrian oriented streets (Typo A Streets) and may accommodate automobile access to properties and uses. Residential Loft. Residential loft is typically a residential unit designed to commercial standards (with high ceilings, open plans, and large windows) located above street level commercial space. Sector Plan. The City of Schertz Sector Plan, as amended, consisting of multiple elements, as adopted by the City Council. Square. A square is generally a geometrically symmetrical open space of '/2 to 2 acres, available for unstructured recreation and civic purposes. A square is spatially defined by streets and buildings, at least on three sides. Its landscape consists of paths, lawns, and trees, all formally arranged. Street Tree. A street tree is a tree or group of trees that line the edge of a street or roadway and includes trees inside and outside the street right -of -way. Streetscape Treatments. Streetscape treatments include all improvements in a right -of -way and adjacent to it that create an attractive and safe pedestrian environment. Treatments shall include street trees, street light standards, street furniture, and trash receptacles. Streetscape treatments may also include a range of features such as paving materials, street /pedestrian/wayfinding signs, media boxes, parking meters, utility boxes, seating, public art /water features, bike racks, bollards, information kiosks, and similar features. Thoroughfare Plan. The Thoroughfare, as amended, serves as the community's blueprint for the City's future transportation network based on the future land use allocation and intensity. Vertical Mixed Use. Vertical mixed use is a building or structure in which at least one of the upper floors of a commercial building has residential uses (live - work units or lofts) with retail or office uses at the other levels. E. GENERAL DISTRICT STANDARDS: Formatted: DocInfo osoS 7818.3` r 45 Generally_. A Mixed Use Planned Development District shall consist of a minimum of two of the following three distinct components designated in the ordinance creating the district: a Mixed Use Core, Neighborhood, and Mixed Use Transition. Land uses in the district shall be established based upon the overall character and design of the district. All MUPDDs shall be a minimum of 40 acres in size or can be created by adding a minimum of 10 acres contiguous to an existing MU district. All MUPDDs shall contain appropriately designed and scaled open spaces to preserve existing wooded areas, stream corridors and views, and invite passive recreational activities. All MUPDDs shall contain appropriate transitions to adjacent land uses. These components shall be established through a Conceptual Plan and/or Development Plan at the time of rezoning. Mixed Use Core. Area., The Mixed Use Core Area shall be the primary location of the highest intensity of commercial, professional;_ retail and residential uses. . 3. Neighborhood.. The Neighborhood is a component area of any MUPDD that is predominantly residential in nature. Limited retail and civic uses may be located at key points within the neighborhood. The location of the neighborhood shall be determined based upon the overall character and design of the proposed MUPDD and the following criteria: a. The neighborhood component is to be located adjacent to the Mixed Use Core and any Mixed Use Transitions ; b. The neighborhood__ shall be well integrated with proposed open space and other civic uses to create a sense of place; c. The neighborhood shall also be integrated with proposed Mixed Use Core and/or Mixed Use Transitions in a manner that provides automobile and pedestrian access within the proposed MU Zoning District; and d. Uses in the neighborhood shall be to the density and scale that is appropriate based on the context and character of the proposed district. ition.;' MUPDD may, at the election of the applicant and based ;nt'context, also include appropriate Mixed Use Transition h'are the areas between the Mixed Use Core and/or adjoining conditions. Open Space._ The open space component shall be integrated into the overall design of the Mixed Use Planned Development District. a. The type, scale, location, and design of the open space component shall depend on the context and location of the other components of the MUPDD. b. Square, parks, greens, and environmental preserves are encouraged in all components. Plazas may serve as open spaces and shall only be appropriate in the Mixed Use Core. SCHEDULE OF USES Formatted: DocInfo osoS 350307918-3 46 1. Uses within the MU shall be in accordance with the following schedule of uses (Table 1). P Use is permitted in the district indicated S Use is permitted in the district indicated upon approval of Specific Use Permit P/D Use is pennitted in the district indicated with additional Design Criteria MU -T Use is prohibited in the district indicated Table 1: Schedule of Uses osoS 7818.3` r 47 Formatted: DocInfo MIXED USE MU -C MU--N MU -T PERMITTED USES Design Criteria for uses designated as P/D Accessary Building, Residential P P Agricultural/Field Crops Airport, Heliport or L mling Field Alcohol Package Sales S Antenna and/or Antenna Support Structure, Commercial Antique Shop', P P/D In buildings 10,000 sq.ft. or less Appliances, Furniture and Rome 'Furnishings Store P I P/D I In buildings 10,000 sq.ft. or less Art 'Gallery/Library/Museum P P/D In buildings 10,000 sq.ft. or less Assisted Care or Living Facilitv P S Athletic Stadium Private Athletic Stadium Public Automobile Parking Structure/Garage P Automobile Parts Sales P Automobile Repairs & Service, Major Automobile Repairs & Service, Minor Automobile Sales Bake P P/D In buildings 10,000 sq.ft. or less Bank, Saving and Loan, Credit Union P P/D In buildings 10,000 sq.ft. or less Beauty Salon /Barber Shop P P/D In buildings 10,000 sq.ft. or less Bed and Breakfast Inn P S S Book Store P P/D In buildings 10,000 sq.ft. or less Bottling Works Building Material and Hardware Sales P Cabinet or Upholstery Shop P Car Wash Automated Car Wash Self Serve Cemetery or Mausoleum Church, Tcmple, Synagogue, Mosque, or Other Place of Worship P S S Civic /Convention Center P College, University, Trade or Private Boarding School P Commercial Amusement, Indoor S osoS 7818.3` r 47 Formatted: DocInfo Formatted: DocInfo osoS 350307918-3 48 MIXED USE MU -C MU -N MU -T PERMITTED USES Design Criteria for uses designated as P/D Commercial Amusement Outdoor Community Center P S Concrete/Asphalt Bitching Plant Convenience Store w/o Gas Pumps P P/D In buildings 10,000 sq.ft. or less Convenience Store w/ Gas Pumps P/D Gas pumps and canopy design per Section 8(g) Dance HaIUNi t Club P Day Care Center P P Department Store P Drive -thru service (for any use) P/D Drive -thru service design per Section 8(g) Dry Cleaning, Major S Dry Cleaning, Minor P P/D In buildings 10,000 sq.ft. or less Fami1v or Group Dome P S P Farmers Market P Fleas Market Inside Flea Market Outside Florist P P/D In buildings 10,000 sq.ft. or less Fraternity, Sorority, Civic Club or Lode P P/D In buildings 10,000 sq.ft. or less Furniture Sales P Gasoline Station/Fuel Pumps Gated Community General Man ufacturin (Industrial Use Golf Course and /or Country Club S S S Governmental Facilities P P/D In buildings 10,000 sq.ft. or less G; mnastics/Danee Studio P P/D In buildings 10,000 sq.ft. or less Hazardous Waste Health /Fitness Center P Heavy Equipment Sales Service or Rental Home Improvement Center P Hospital ' P Hotel/Motel P Household Appliance Service and Repair P In -Home Day Care P S S Landfill Laundromat P Livestock Locksmith /Security System Company P S Medical Dental or Professional Office /Clinic P P Mini - archouse/Public Storage Manufactured /Mobile Homes Manufacturing Formatted: DocInfo osoS 350307918-3 48 osoS 7818.3` rho y 49 Formatted: DocInfo MIXED USE MU -C MU -N MU -T PERMITTED USES Design Criteria for uses designated as P/D Mortuary/Funeral Home Multi-Family A artmeut Dwelling P P- Municipal Uses Operated b the City P P P Museum P Neighborhood borhood store /restaurant P P/D P/D In buildings 10,000 sq It or less Nursery, MAW Nursery, Minor P S Office Showroom P Office- Warehouse/Distribution Center One-Fand1v Dwelling Attached: P P One-Family Dwelling Detached; P P Packaging/Mailing Store P Park/Playground/Similar Public Site P P P Pawn Sho Pet Store P Pharmacy P Portable Building Sales Post Office P Print Shop, Major Print Shop, Minor P Private Club P Railroad /Bus Passenger Station P P/D In buildings 10,000 sq.ft. or less Recreational Vehicle Park Recreational Vehicle Sales and Service Reeveling Collection Center Recycling Collection Point P Recycling Facility Rehabilitation Care Facility Restaurant, Drive -In Restaurant or Cafeteria P I P/D In buildings 10,000 sq.ft. or less Retail Stores and Shops P P/D In buildings 10,000 sq.ft. or less School Public or Private P S S Sexually Oriented Business Stabl _Commercial Storage or Wholesale Warehouse Tattoo Parlors /Studios Tavern P Taxidermist Theater Outdoor S Theater Indoor P Tool Rental Trailer /Manufactured Homes Sales Truck Sales, Heavy Equipment osoS 7818.3` rho y 49 Formatted: DocInfo 2. Table 2 shows the proportions of components, required to create a MU district. A minimum of two out of three MUPDD components (in addition to the minimum required Open Space) must be combined for a total of 100% within the MUPDD. The City Council may vary percentages within the limits indicated based upon site specific conditions in the ordinance establishing the district. The percentages shall be calculated based upon the gross area of the MU district being proposed. MIXED USE MU -C MU -N MU -T 20% PERMITTED USES Nei` borhood Design Criteria for uses designated as P/D Truck Terminal Transition '' 5% Two - Family Dwelling S P Veterinarian Clinic / Kennel Indoor P Veterinarian Clinic / Kennel Outdoor Welding /Maehine Shop Wrecking or Salvage Yard New and Unlisted Uses S S 1 S 2. Table 2 shows the proportions of components, required to create a MU district. A minimum of two out of three MUPDD components (in addition to the minimum required Open Space) must be combined for a total of 100% within the MUPDD. The City Council may vary percentages within the limits indicated based upon site specific conditions in the ordinance establishing the district. The percentages shall be calculated based upon the gross area of the MU district being proposed. ST. Standards in the MUPDD are intended to facilitate the development of unique and pedestrian friendly environments. To this end, design and development standards are intended to be tailored to create such an environment. In order to provide flexibility in use with prescription of the building form, all applicable development standards for each development project in the MU, including listing any applicable sections of the City of Schertz Unified Development Code that the particular development project may be exempt from, shall be established via the ordinance rezoning the property. If there are any conflicts between standards in Table 3 below and any other standards in the UDC, then standards in Table 3 below shall prevail. Accessory Buildings, Uses, and Structures — Standards in Section 21.8.2. shall apply unless other standards are proposed by the applicant and approved by City Council. 350307918-3 _ _.50 Formatted: DocInfo .0305 Core 20% + 30 %; -20% Nei` borhood 60% ±30% Transition '' 5% + 20 %; -5"/0 O' en S ace ST. Standards in the MUPDD are intended to facilitate the development of unique and pedestrian friendly environments. To this end, design and development standards are intended to be tailored to create such an environment. In order to provide flexibility in use with prescription of the building form, all applicable development standards for each development project in the MU, including listing any applicable sections of the City of Schertz Unified Development Code that the particular development project may be exempt from, shall be established via the ordinance rezoning the property. If there are any conflicts between standards in Table 3 below and any other standards in the UDC, then standards in Table 3 below shall prevail. Accessory Buildings, Uses, and Structures — Standards in Section 21.8.2. shall apply unless other standards are proposed by the applicant and approved by City Council. 350307918-3 _ _.50 Formatted: DocInfo .0305 3. The following standards shall apply to development in the Mixed Use Planned Development District. Most standards have a numerical range and few have a specific numerical value. Due to the inapplicability of one development standard across all Mixed Use districts and to encourage a diversity of development proposals, the developer shall propose the standards indicated as "Flexible" or "Permitted/Flexible" on the following table for the proposed development at the time of conceptual plan application submittal. However the proposed standards shall be based on the Purpose and Intent and Performance and Design Standards of the Mixed Use Zoning District. TABLE3 Mired Use Development Core Neighborhood Transition Standard 1.0 Street Design Standards This standard applies only to new streets located in the Mixed Use District Street design standards in the MU District shall be based upon creating a safe and inviting walking environment through an interconnected network of roads with sidewalks, street trees, street furniture, and amenities. Cul -de -sacs arc prohibited unless natural features such as topography or stream corridors prevent a street connection. The right -of -way widths for streets in the MU shall depend on the street typology andstrectscape standards proposed and approved in the ordinance creating the district. Applicant shall establish a network of both Type A and Type B Public Streets. The North and South Schcrtz Sector Plan shall be used as a guide for street design standards within the MU. The ITE.Manaal,,for.Co.ntcvt SEn tiv.e Solut/ons,in, Designing Motor Thoroughfares (referenced as ITE Manual) may also be used in lieu of the Sector Plan to develop alternative street design standards within the MU, subject to the ap iroval of the City. a. Design speed <_25 mph (except new collector or < 25 mph <25 mph (except new collector or arterial arterial streets) streets) b. Street types allowed (sec Boulevards: 4 -lane divided) Avenues: 3 -lane divided Boulevards: 4 -lane divided) Sector Plan for Avenues: 3 -lane divided Residential streets. 2-lane Avenues: 3 -lane divided recommended R -O -W Main streets undivided Main streets and cross sections or ITE Residential streets: 2 -lane Residential Alleys Residential streets: 2 -lane undivided Manual) undivided Commercial and /or Residential Alleys Commercial Alleys c. Travel lane widths ITE Manual standards shall apply d. Turning radii c. On- Strcct Parking (along all streets except arterials and alleys) • Parallel Permitted - Permitted. Permitted. • Angled (only if Permitted Not permitted Not permitted vehicles per day arc projected to be less than 8,000) -, • Head in Not permitted Not permitted Not permitted. f Parking lane width Parallel 8 feet 7 - 8 feet 8 feet Angled 18 feet N/A 18 feet g. Alleys I I Permitted/Flexible Permitted/Flexible Permitted/Flexiblc 2.0 Strectsca a Standards a. Sidewalks /Trails/ 6 feet (minimum) 5 feet (minimum) 5 feet (minimum) Walkways b. Planter/Planting Strip Tice wells or Planters/Planting Planters/Planting strips Planters/Planting strips YP Type strips C. Planter/Planting Strip 6'X 6' tree well or 6 feet— 8 feet wide planting strip 6 feet— 8 feet wide planting strip width 6 feet— 8 feet wide planting strip d. Street trees Rc uircd/Flcxiblc Rc uircd/Flcxiblc Rc uircd/Flcxiblc The applicant shall submit a proposed street tree planting plan, including a tree palette and spacing as a part of the Landscape Concept Plan, which shall be reviewed by the City and must be approved by the City Council at the time of Conecpt Plan and zoning change. The requirements for the landscape concept plan arc outlined in Section H (10). 3. Open/Civic Space Standards a. Open/Civic Space Required/Flexible Rcquircd /Flexible, Squares and Rcquircd /Flexible, squares and greens arc S uares and plazas arc greens arc appropriate appropriate I Alleys shall be required for all development with lots 60 feet or less in width. Planters or Planting Strips are required for all new public streets in the MU (with the exception of alleys). .0305 7818.3` 918-3 _.5.1 Formatted: DocInfo TABLE3 Mixed Use Development Core Neighborhood Transition Standard appropriate *Overall open /civic space allocations in the MU district shall be a minimum of 10% of the gross area of the entire site included in the MU concept plan and shall be distributed appropriatelv between the MU components. The location and design of appropriate open spaces shall be based on Section H (9) o thisSection. 4. Block and Lot Standards a. Block Type Regular (square or rectangular) Regular or irregular (square, Regular or irregular (square, rectangular, Irregular blocks may be permitted rectangular, or curvilinear based or curvilinear based on topography and only if natural topography and /or on topography and vegetation) vegetation) vegetation prevents a rectilinear id b. Block Perimeter Max. block perimeter= 1,600' Max. block perimeter= 2,000' Max. block perimeter= 2,000' (unless (unless limited by unique site - - limited by unique site conditions such as conditions such as topography and topography and vegetation) vegetation) c. Lot Area Flexible Flexible Flexible d. Lot Width and Depth Flexible Flcxiblc Flexible _ c. Maximum Lot Coverage Flexible Flexible Flexible f Maximum Impervious Flexible Flexible -- - Flexible - Cover 5.0 Building Standards a. Principal Building 1 story (minimum) 1 story (minimum) 1 story (minimum) Height* 8 stories (maximum) 3 stories (maximum) 4 stories (maximum) * Building height shall be measured in number of stories. Attics and mezzanines shall be excluded from the height calculation as long as thev do not exceed 50% o the oor a in the same buildin . b. Setbacks ** • Front ximum) Flcxiblc Flcxiblc • Side Flexible Flcxiblc • Rear Flexible - - - - Flexible * *Minimum and /or mavimum setback standards are to beproposed by the applicant for each component area based on the Purpose and Intent of the MU District and Performance and Desi n Standards established in Section H o this Code. - c. Accessory buildin s Pcrmittcd/Flcxiblc Pcrmittcd/Flcxiblc Permitted /Flcxiblc Standards for accessory uses and structures shall beprovidedbv the applicant The standards shall result in accessory buildings being subordinate in size and scale to theprincipal building. Standards in Sec 21 8.2., Accessory Buildings shall apply if the applicant does not specificallvprovide regulationsfior accessory uses and structures. --------- - - - - -- d. Principal building Buildings shall be oriented to a Type A street or toward another focal point such as a park, plaza, square, other open orientation space or environmental feature. See subsections I for additional requirements. c. Building facade & The applicant shall propose appropriate building facade and architectural design standards for all the MU components architectural design '° in the development with the application for zoning change/conecpt plan. They shall be based on the criteria standards established in subsections I of thus ordinance. 6. Site Design Standards -- a. Off-street panning The applicant shall propose off - street parking standards appropriate to serve the proposed uses in the MU. Standards in Sec. 21.10.4 shall be used as a guide to establish parking standards but parking standards unique to the MU shall be established in the ordinance creating the MU. Section H (6) shall regulate the location and design of all proposed off - street puking including any structured puking proposed. Parking standards in 77, AdUare intended to be exii le due to the mixed use nature, shared parking opportunities, and availability o on- street parking. b. Off - street loading ,Section 21.10.8 applies unless N/A Section 21.10.8 applies for non - residcntial alternative standards arc provided uses only unless alternative standards arc provided c. Screening 1. Trash/recycling Rcguircd/Flexible Acquired for non - residcntial uses receptacles Flexible for residential uses (along alleys if allcys arc provided) ----------------------------------------------------------- 2. Other utilit y --------------------------------------------------------------------- Sec Sec. 21.9.7 equipment ----------------------------- 3. Loading spaces - --------------------------------------------------------------------------------------------------- Required for non - residcntial uses. Section 21.9.7 applies for non - residcntial uses only unless alternative standards arc ----------------------------- rovidcd. 4. Surface parking areas Required/Flexible (Standards in Article 9 of the UDC shall apply to any surface parking located along any public street with the exception of allcys unless the applicant proposes alternative screening standards at the time of conecpt plan/zoning change application. ) Formatted: DocInfo .0305 7818.3` 918-3 _.52 TABLE3 Mixed Use Development Core Neighborhood Transition Standard d. Landscaping" 1. Landscape buffer Required/Flexible N/A Acquired only for non - residential uses between surface parking and sidcwalkstrails and streets (except alleys) 2. Parking lot minimum Flexible N/A Flexible interior landscaping " The applicant shall provide a landscape concept plan per Section H (10) with the concept plan application that identifies landscape themes and general design approach addressing street treeplanting, streetscape treatments, anv required screening, parking lot landscaping, and landscaping proposed in all the identified open space areas. Information provided at the concept plan phase may be schematic meeting the design intent of the pro posed develo inent. Detailed landscaping Mans shall be required at the site plan stage for all non residential develo unent. c. Lighting Required/Flexible (As a part of the concept plan application, the applicant shall propose lighting standards that 1. Building entrances includes street light standards and other amenities as a part of the streetscape treatment plan. The landscape concept 2. Parking areas, trails, plan may be combined with a concept plan for lighting.) and streets f Signs Flexible (Flexible signage in the Mixed Use District maybe proposed by the applicant to City Council. Signage in the MU shall integrate the streetscape and architectural design of tho district through a palette of signs that enhance the pedestrian environment and create a unique identity.) H. PERFORMANCE & DESIGN STANDARDS 1. General Layout. Standards... a. The proposed district shall contain a network of connected streets and walkways that provide a variety of transportation routes and disperse traffic. Streets shall be designed to create a'pleasant walking environment with on- street parking and streetscape treatments. b. The proposed district shall contain designated sites for civic, institutional, or religious buildings. Buildings such as schools, libraries, meeting halls, places of worship, and day care facilities shall occupy prominent places in the MU and be planned in coordination with open spaces. The proposed district shall contain many separate and human - scaled i. The lots and a variety of buildings shall generate a cohesive pattern that allows streets to be civic places. ii. Building heights shall vary, with one to six story structures typical in the Cure, one to four story structures in Transition area and one to three story structures in the Neighborhood area. Buildings shall help define the sidewalks and streets. iii. Driveway sizes and locations shall minimize the impact of the automobile on the public realm and shall be located along Type `B" Public Streets or along alleys. 2. Building Orientation._ Formatted: DocInfo osoS 7818.3` r 53 3. a. Non - residential and mixed use buildings shall have a minimum of 25% of their building frontage oriented along a Type `B" Public street, arterial, highway frontage, or collector streets and a minimum of 65% of their building frontage oriented along Type "A" Public Streets (with the exception of alleys which shall have no minimum building frontage requirement) (see illustration below applicability of minimum building frontage requirement along a block). b. Residential buildings shall have a minimum of 25% of their building frontage oriented along a Type `B" Public street, arterial, highway frontage, or collector streets and a minimum of 50% of their building frontage oriented along Type "A" Public Streets (with the exception of alleys which shall have no minimum building frontage requirement). Type "A" Street Minimum Building Frontage Required for Non - Residential and Mixed Use Buildings a. Primary facades along Type "A" Public Streets shall contain the maim entrance of any principal building. b. All principal buildings in the MU located on a Type "A" Public Street serving the development shall also have doors, windows, and other architectural features facing that street. Non - residential or mixed use corner buildings shall have at least one customer entrance facing each street or a corner entrance instead of two entrances. 4. Building.Faade...Standards... Formatted: DocInfo osoS 350307918-3 54 i 'rg "fr t r (, Parking Access 3 � I � in + E r d . CL I tr Ln I I '. Type "A" Street Minimum Building Frontage Required for Non - Residential and Mixed Use Buildings a. Primary facades along Type "A" Public Streets shall contain the maim entrance of any principal building. b. All principal buildings in the MU located on a Type "A" Public Street serving the development shall also have doors, windows, and other architectural features facing that street. Non - residential or mixed use corner buildings shall have at least one customer entrance facing each street or a corner entrance instead of two entrances. 4. Building.Faade...Standards... Formatted: DocInfo osoS 350307918-3 54 a. The minimum ground floor height as measured from the finished sidewalk to the second floor for all vertical mixed use, commercial, and live -work buildings shall be 12 feet. The minimum finished floor height for all upper floors of vertical mixed use, commercial, and live -work buildings shall be 9 feet. The minimum floor to floor height for all other buildings shall be 9 feet. b. The ground floor elevation of all residential buildings (attached, detached, and stacked) shall be raised a minimum of two (2) feet above the finished level of the public sidewalk/trail in front of the residential structures unless the building is setback more than 10 feet from the public sidewalk. c. All development shall provide ground floor windows on the building fagade facing and adjacent to a street (with the exception of alleys) or facing onto a park, plaza, or other civic space. The required area of windows and doors on each street fagade fronting a Type "A" street, park, square, green, plaza, or other civic space as a percentage of that faVade shall be established in Table 4. The required minimum area of windows and doors on all other street facades (Type `B" Public Streets with the exception of alleys) may be reduced by 20% of the corresponding requirement along a Type "A" Public street fagade. Table 4 Building and Fagade Core Neighborhood Transition All principal building facades Ground floor facade Minimwn 44 %'I_ 30% 30% Windowsand doors ---------r----------- Maxumm� ----p-- -------- ------ �U10 < <„ -- ------ ------------------------------- b0% -------------------------------- 60% Upper floor facade Minimwn 25% 30% 30% Windows and doors ------- -------- Ma�unwn -------- --------------------- 60 %` ----------------- ------------------------------- 60% -------------------------------- 60% 5. Darkly tinted windows and mirrored windows that block two -way visibility shall not be permitted along ground floor facades. All vertical mixed use and non - residential buildings shall have door openings spaced at no greater than 60 feet on the ground floor along all Type "A" streets, plazas, squares, or other civic spaces within the Mixed Use Core zone. a. To ensure compatibility of building types and to relate new buildings to the building traditions of the region, architectural design shall be regulated, governed, and enforced through architectural design standards proposed by the applicant. The applicant shall submit the proposed standards as a part of the concept plan application for all development in the MU. The Planning and Zoning Commission shall make a recommendation and is subject to the approval of the City Council at the time of Concept Plan. b. Architectural design standards for a proposed MU shall: Formatted: DocInfo osoS 7818.3` r 55 i. specify the materials and configurations permitted for walls, roofs, openings, street furniture, and other elements; ii. be based on traditional building precedents from the region; iii. include the following: • architectural compatibility among structures within the neighborhood; • human scale design; • pedestrian use of the entire district; • relationship to the street, to surrounding buildings, and to adjoining land uses; and • special architectural treatment of gateways /civic buildings. All building frontages along public and private streets (with the exception of alleys) shall break any flat, monolithic facades by including architectural elements such as bay windows, recessed entrances, or other articulations (vertical and horizontal) so as to provide pedestrian interest along the street level fagade including discernible and architecturally appropriate features such as, but not limited to, porches, cornices, bases, fenestration, fluted masonry, bays, recesses, arcades, display windows, unique entry areas, plazas, courts, or other treatments to create visual interest, community character, and promote a sense of pedestrian scale. Expanses of blank walls exceeding 30 continuous feet are prohibited along all Type "A" streets and 50 continuous feet along all other streets except alleys. d. All buildings in the MUPDD shall` be constructed with exterior building materials and finishes' of a quality to convey an impression of permanence and durability. Materials such as masonry, stucco, stone, terra cotta, ceramic tiles, and similar durable architectural materials are allowed and shall be approved with the Concept Plan for the district. Non - residential buildings and sites shall be organized to group the utilitarian functions away from the public view of any street (with the exception of alleys). Delivery and loading operations, HVAC equipment, trash compacting and collection, and other utility and service functions shall be incorporated into the overall design of the buildings and landscaping. The visual and acoustic impacts of all mechanical, electrical, and communications equipments (ground and roof - mounted) shall not be visible from adjacent properties and public streets, and screening materials and landscape screens shall be architecturally compatible with and similar to the building materials of the principal structures on the lot. 6. Location and Design of Off - Street Parking. a. The applicant shall provide standards for the quantity of off - street parking proposed in the district based on an analysis of the parking demand for the mix of uses proposed and availability of on- street parking in the district. Formatted: DocInfo .0305 350307918-3 _ _.56 Section 21.10.4 shall be used as a guide to establish the amount of parking required for uses proposed in the MU if the applicant does not specifically provide alternative standards. The City Council may establish the alternative parking standards proposed by the applicant in the ordinance establishing the district. b. Off - street parking (within surface parking lots) for all non - residential and mixed uses located along Type "A" Streets shall be limited to 35% or less of the block frontage and 75% or less on Type B Streets, arterial, collector, and highway frontage streets (see corresponding building frontage requirement). c. Any off - street surface parking area located adjacent to a street or a residential use shall be screened in the form of a landscape fence which is at least four feet (4') in height. d. A surface parking lot may not be adjacent to a street intersection or square, or occupy a lot that terminates a street vista. e. Shared parking facilities are encouraged for non-residential uses in the MU. b. Bicycle parking shall be provided for non - residential uses, especially for schools, parks, trails, and other recreational facilities. Bicycle parking shall be provided at a rate of 5% of all off - street automobile parking spaces provided for non - residential and mixed uses in the district. Bicycle parking may be shared between uses and shall be centrally located, easily accessible, and visible from streets or parking lots. They may be located between the roadway and the building facades as long as their location does not impede pedestrian walkways. c. Any off-street parking provided for residential uses shall be located in such a manner as to minimize the impact of garages and driveways along the residential street. All residential lots that are less than 60 feet in width shall have off - street parking and/or garages accessed from alleys. All lots 60 feet and wider may have front loaded garages (pull- through garages), but in no case shall the width of the garage exceed 40% of the front fagade width of the entire building. In addition, the garage shall be set back at least three feet (3') from the front facade of the home. Design of Automobile Related Site Elements (Drive Throughs, Gas Canopies, etc.) a. Drive - through lanes, drive up windows, service bays, and other auto - related site elements shall not be located along or be visible from any Type "A" Public Street. b. Along Type `B" Streets, no more than two drive- through lanes shall be permitted along that lot's street frontage. In addition, no more than 60% of the lot's frontage along a Type `B" Street shall be dedicated to auto - related site elements (see illustration below). Formatted: DocInfo .0305 350307918-3 _ _.57 8 c. Drive - through lanes shall be hidden behind a screening device (min. 4' in height) along the Type `B" street frontage. There shall be no limit to the number or frontage of drive- through lanes located along alleys. d. All off - street loading, unloading, and trash pick -up areas shall be located along alleys only. Such uses may be located along Type `B" Streets only if the lot has no access to an alley. Any off - street loading, unloading, or trash pick -up areas shall be screened in accordance with Section 21.9.7. Design of Parking Structures a. All frontages of parking structures located on Type "A" Streets shall be lined by active commercial uses on the ground floor to a minimum depth of 25'. Parking structure facades on all public streets (except alleys) shall be designed with both vertical (fagade rhythm of 20' — 30') and horizontal (aligning with horizontal elements in the block) articulation. Formatted: D.rInfo .0305 350307918-3 _ _.58 2 M r w Pedestrian ] street Erdranca q ' Image showing appropriate design of auto - related site elements d. All off - street loading, unloading, and trash pick -up areas shall be located along alleys only. Such uses may be located along Type `B" Streets only if the lot has no access to an alley. Any off - street loading, unloading, or trash pick -up areas shall be screened in accordance with Section 21.9.7. Design of Parking Structures a. All frontages of parking structures located on Type "A" Streets shall be lined by active commercial uses on the ground floor to a minimum depth of 25'. Parking structure facades on all public streets (except alleys) shall be designed with both vertical (fagade rhythm of 20' — 30') and horizontal (aligning with horizontal elements in the block) articulation. Formatted: D.rInfo .0305 350307918-3 _ _.58 Images showing appropriate design of parking structures c. Where above ground structured parking is located at the perimeter of a building, it shall be screened in such a way that cars on all parking levels are not visible from adjacent buildings or the street. Parking garage ramps shall not be visible from any public street. Ideally, ramps shall not be located along the perimeter of the parking structure. Architectural screens shall be used to articulate the fagade, hide parked vehicles, and shield lighting. 9. Civic /Open Space Standards. a. The provision of adequate integral to all development civic /open space in the dist proposed for rezoning under shall be dedicated open b. c. The following criteria civic /open spaces in the and appropriate civic /open space areas shall be in the district. The minimum requirement for -iet is 10% of the gross area of the property(ies) a single Conceptual or Development Plan which space and shall be included in the zoning plication for a proposed MU zoning district. ed shall be appropriately designed and scaled in be used to evaluate the merits of proposed i. The extent to which environmental elements preserved are considered as "features" or "focal points" and integrated into and prominently located as "front yards" in the development; adding value to the development; ii. The extent to which emphasis has been placed on preservation of existing wooded areas, view sheds, water bodies, topography, and stream corridors in ''a natural and contiguous state; iii. The extent to which pedestrian connectivity in the form of sidewalks, natural walking paths along stream and creek corridors has been addressed; and iv. The extent to which a range of open spaces have been provided to be contiguous with existing open spaces and to invite passive recreational uses from plazas and squares to playgrounds, parks and environmental preserves, appropriately organized within the respective MU component. Formatted: DocInfo .0305 350307918-3 _ _.59 d. Open spaces may be in the form of pocket parks, children's play areas, squares, linear greens, and environmental preserves. Active sports fields and structured recreational activities shall be limited to less than 10% of any parks located in the district. 10. Landscaping Standards. a. The purpose of landscaping in the MU is to enhance pedestrian and open space areas, to help delineate active areas from passive areas, to provide a screening buffer between pedestrians and vehicular circulation, utility functions, and incompatible adjacent developments. _ b. The applicant shall submit a landscape concept plan in conjunction with the zoning change and concept plan application. The landscape concept plan establishes the design direction and general schematics for all proposed landscaping including all aspects of the public realm such as street trees, plant /tree palette, streetscape treatments, pavement details, front yards, and medians; proposals for required parking lot landscaping, screening, design concepts for all open spaces, and lighting. c. Proposed landscaping shall meet the following standards: i. Be pedestrian oriented. ii. Designed in such a way to not create a security or physical hazard to pedestrians, bicyclists or motorists. iii. Enhance or complement the architectural design of the mixed -use iv. Provide visual interest year-round. Utilize water conservation methods and drought tolerant planting where possible. v. Shall be provided between parking lots and all adjacent sidewalks. vi. Meet the standards for Installation and Maintenance in Section 21.9.7 (Q. vii. Propose a plant /tree palette that mostly includes native species. AND DEVELOPMENT REVIEW PROCESS An applicant requesting a rezoning to the MUPDD shall submit an application that meets the requirements of this Section and Section 21.5. 10 (B) Application Requirements for a Planned Development District (PDD). 2. Processing of Application and Decision: shall meet the requirements of Section 21.5. 10 (C) for a Planned Development District (PDD). The application shall submit a Conceptual and Development Plan that meets the requirements of Section 21.5. 10 (E) for a Planned Development District (PDD). In addition to the requirements of Section 21.5. 10 (E), the applicant shall also adequately demonstrate the compliance with the Development Standards within this Section. Formatted: DocInfo .0305 350307918-3 _60 4. The application for MUPDD shall meet the standards in Section 21.5. 10 (F) Criteria for Approval and Section 21.5. 10 (G) Amendments for a Planned Development District (PDD). MODIFICATIONS The City Council may approve modifications to any established standards in the MUPDD after a recommendation by the Planning and Zoning Commission based on unique site conditions and development context at the time of the application. In granting a modification, the City Council may impose any conditions that it deems necessary or desirable to protect the public interest and implement the goals of the City's Sector Plan with respect to mixed use. Formatted: DocInfo .0305 350307918-3 _ _6.1 Sec... 21..5.15......... Desien..Overlay..Districts. (DO) A. Purpose and Intent The purpose of this section is to provide a set of Design Overlay Districts that correspond with existing zoning and establish a coherent character and encourage enduring and attractive development. B. Applicability Standards in this section apply in addition to standards to the extent that the standards in Article 9 are not in ns section. In case of any conflicts, the stricter of the 2 st. C. Overlay Districts Established: Four (4) Overlay Districts.sh,, Section. 1. Purpose and Applicability a. Highway Commercial Overlay District (DOW Overlay District maintains land uses in the and Highway Commercial Overlay District is to be frontage where the underlying zoning is Gener, addition, the Highway Commercial Overlay Di properties with frontage on FM 78 as designat€ Development standards in this Overlay Districl gn Standards in this ): The Highway Commercial ,rlying current zoning. The placed over I -10 and I -35 1 Business (GB) zone. In ;trictshall apply to all 3 on Exhibit A. are intended to take advantage of the visibility along the highway for more auto oriented development while jransitioning towards a more pedestrian oriented frontage along the interior roads. Generally, this frontage type may accommodate large format retail or office sites with surface parking along the site's highway frontage. The goal is to minimize the impact of large, surface parking lots and discourage the "big box" look. In addition, the site shall be planned in such a manner as to facilitate a more urban block inflll development pattern with respect to building pads, parking, driveways „ and service areas. b. Campus Commercial Overlay District (DOCC): The Campus Commercial Overlay District shall maintain the land uses in the current underlying zoning. However, the development standards for this Overlay District are intended to address development in areas marked as Campus Commercial in the North and South Schertz Framework Plans. Development standards in this district are intended to take advantage of the large and underutilized parcels with access to regional connectors. Generally, this district may accommodate large format office sites with surface parking within the interior of the lot/block and screened from public view along internal streets. The goal is to minimize the impact of large, surface parking lots and encourage the "office parr' look. In addition, the site shall be planned in such a manner as to facilitate a more urban block inflll development pattern Formatted: DocInfo .0305 7818.36 918-3 _62 with respect to building pads, parking, driveways, and service areas, when the market can accommodate it. C. Industrial Overlay District (DOI): The Industrial Overlay District maintains underlying uses from current zoning. The Industrial Overlay standards are intended to allow both small incremental redevelopment and large redevelopment of industrial uses. In addition, the site shall be planned in such a manner as to locate buildings at corners of intersections to anchor that intersection with mid block screened surface parking along the corridor. d. Downtown Overlay District (DOD): The Downtown Overlay District is intended to implement the recommendations of the Schertz Downtown Revitalization Plan by establishing alternative development standards to facilitate adaptive reuse of existing structures. = D. Standards in the Highway Conunercial Overlay District 1. Building Design Standards a. The Building Design Standards and Guidelines for the Overlay Districts in North and South Sectors shall establish a coherent urban character and encourage enduring and attractive development. Development plans shall be reviewed by the Planning and Development Director or designee for compliance with the standards below. Buildings shall be located and designed so that they provide visual interest and create enjoyable, human scaled spaces. The following standards apply: i. Buildings shall be oriented towards Primary Streets, where the lot has frontage along a Primary street. All other buildings shall be oriented towards the Secondary streets or Civic Spaces. If the lot does not front a Secondary Street or the Primary then it may front a Tertiary Street. ii. Primary entrance to buildings shall be located on the street along which the building is oriented. At intersections, corner buildings may have their primary entrances oriented at an angle to the intersection. iii. All primary entrances shall be oriented to the public sidewalk for ease of pedestrian access. Secondary and service entrances may be located from internal parking areas or alleys. vi. FaVade Composition: a) Building facades with Highway and Primary Street frontages shall be designed and built in tripartite architecture so that they have a distinct Base, Middle and Cap. b) Storefronts on facades that span multiple tenants shall use architecturally compatible materials, colors, details, awnings, signage and lighting fixtures. c) Building entrances shall be defined and articulated by using at least one of the following architectural elements: lintels, pediments, pilasters, columns, porticos, porches, overhangs, railings, balustrades, and others as appropriate. Formatted: DocInfo osoS 7818.3` r 63 d) At least one of the following shall be used on Primary and Highway frontage building facades: corner emphasizing architectural features, pedimented gabled parapets, cornices, awnings, blade signs, arcades, or colonnades and balconies vii. Design of Automobile Related Building Site Elements a) Drive through lanes for commercial uses shall not be located along any Primary Street. Drive through lanes shall be hidden behind a Street Screen along the Secondary Street frontage. b) No more than 75% of a lot's frontage along the Secondary Street frontage shall be occupied by gas pumps, canopies, and/or service bays. c) Any buildings associated with any automobile related use shall also have a pedestrian entrance at a Primary Street and/or a Secondary Street. d) Outdoor storage of vehicles or other products sold shall not be permitted along Primary Streets. Along a Secondary Street, outdoor storage of vehicles or other products sold shall not exceed 75% of a lot's frontage along that street. There shall be no such limitation along the Highway frontage. However, any Highway Frontage with outdoor storage of vehicles or other products sold shall be screened with a 3' (min.) high Street Screen. The Street Screen shall be made up of. (i) the same material as the principal building or (ii) a living screen or (iii) a combination of the two. e) All off street loading, unloading, and trash pickup areas shall be located along Secondary Streets. Any off street loading, unloading, or trash pickup areas shall be screened using a Street Screen that is at least as tall as the trash containers and/or service equipment it is screening at the property line. The Street Screen shall be made up of. (i) the same material as the principal building or (ii) a living screen or (iii) a combination of the two. Formatted: DocInfo osoS 7818.3` r 64 I I I w I I I Pedestrian StrM Entrance Formatted: DocInfo osoS 7818.3` r 64 Illustration showing the application of standards for automobile - related site elements 2. Streetscape Standards a. A landscaped yard of a minimum width of 20' shall be required on all lots with frontage along I -35 and I -10. A landscaped yard of a minimum width of 15' shall be required on all lots with frontage along FM 78. b. Landscaping required: Shade trees required per this section may be credited towards the shade trees required per Section 21.9.7 (E)(2). The following plantings shall be required within the required yard per every 100' of linear frontage along the specific roadway: i. 3 shade trees ii. 6 ornamental trees, iii. 8 shrubs (shrubs may be waived if Perimeter Landscaping is provided per Section 21.9.7 (H)(2)), and iv. Ground cover, ornamental grasses, or turf grasses for the remaining unpaved areas C. A six (6) foot sidewalk shall be required along the specified frontages unless a greater width facility (sidewalk or hike and bike trail) is required per Section 21.14.6. Such a facility may be placed within the required 20' yard E. Standards in the Campus Commercial and Industrial Overlay Districts 1. Building Form, Orientation, and Massing: a. Buildings shall be oriented towards Primary Streets with primary entrances along such streets if the building has frontage along a Primary Street. b. Building entrances shall be defined and articulated by at least one of the following architectural elements: lintels, pediments, pilasters, columns, porticos, porches, overhangs, railings, balustrades, and others as appropriate. c Roof forms shall be simple, flat roofs with a continuous parapet. Roof mounted equipment shall be screened from view of any adjacent public street with an enclosure of the same material and color as the primary building material.' 2. Design of Automobile Related Building Site Elements a Drive through lanes for commercial uses shall not be located along any Primary Street. Drive through lanes shall be hidden behind a Street Screen along the Secondary Street frontage. b. No more than 75% of a lot's frontage along the Secondary Street frontage shall be occupied by gas pumps, canopies, and/or service bays. C. Any buildings associated with any automobile related use shall also have a pedestrian entrance at a Primary Street and/or a Secondary Street. d. Outdoor storage of vehicles or other products sold shall not be permitted along Primary Streets. Along a Secondary Street, outdoor storage of vehicles or other products sold shall not exceed 75% of a lot's frontage along that street. There shall be no such limitation along the Highway frontage. However, any Highway Frontage with outdoor storage of vehicles or other products sold shall be screened with a 3' (min.) high Street Screen. Formatted: DocInfo .0305 7818.36 918-3 _65 The Street Screen shall be made up of. (i) the same material as the principal building or (ii) a living screen or (iii) a combination of the two. All off street loading, unloading, and trash pickup areas shall be located along Secondary Streets. Any off street loading, unloading, or trash pickup areas shall be screened using a Street Screen that is at least as tall as the trash containers and/or service equipment it is screening at the property line. The Street Screen shall be made up of. (a) the same material as the principal building or (b) a living screen or (c) a combination of the two. Illustration showing the application of'standaras for automobile - related site elements 4. Streetscape Standards a. A landscaped yard of a minimum width of 20' shall be required on all lots with frontage along 1-35 and I -10. b. Landscaping required: Shade trees required per this section may be credited towards the shade trees required per Section 21.9.7 (E)(2). The following plantings shall be required within the required yard per every 100' of linear frontage along the specific roadway: 11. 6 ornamental trees, iii. 8 shrubs (shrubs may be waived if Perimeter Landscaping is provided per Section 21.9.7 (H)(2)), and iv.' Ground cover, ornamental grasses, or turf grasses for the remaining unpaved areas A six (6) foot sidewalk shall be required along the specified frontages unless a greater width facility (sidewalk or hike and bike trail) is required per Section 21.14.6. Such a facility may be placed within the required 20' landscaped yard Downtown Overlay District Formatted: DocInfo .0305 350307918-3 -66 Downtown Schertz, specifically Main Street, has an existing character that should be preserved by rehabilitation of existing buildings. In addition, new and inflll construction in the district shall reflect the character of the district during its period of significance. The key design principles establish essential goals for development in the Downtown Schertz to ensure the preservation, sustainability, and visual quality of this special environment. Buildings shall be located and designed so that they provide visual interest and create enjoyable, human - scaled spaces. The key design principles are: Building facades must include appropriate architectun variety and interest. Buildings shall be built to, or close to, the sidewalk to pedestrian environment of Main Street between Seer Blvd. Open space(s) and civic spaces shall be incorporated t integral to the downtown environment. 1. Applicability: The standards in this section apply to properties zoned GB and R-2 as delinc Highway Commercial Overlay District shall aj FM 78 and as delineated in Exhibit A. Fo standards shall apply only to the extent that e), made without triggering compliance with all section shall prevent existing residential struct accommodate commercial uses provided the the A to create wntown Overlay District) shall I in Exhibit A. The standards in to the properties located along .isting buildings, the following )r modifications can be feasible ✓ ordinances. Nothing in this from being adaptively reused to is permitted in the underlying Formatted: DocInfo .0305 350307918-3 _67 Exhibit A: Downtown Overlay District Boundaries _68 Formatted: DocInfo 2. Development Standards: a. Dimensional and Development Standards: The Dimensional and Development Standards in Table 21.9.15A shall apply in lieu of the Standards established in Sec. 21.5.7 for the GB and R -2 Zones within the Downtown Overlay District: Table 21.9.15A DIMENSIONAL REQUIREMENTS Minimum Lot Size Yard Setback (ft) Misc. Lot Req's Dimensions Zoning District Area, Lot Width, & Front Rear Rear Side Side Tking Max. Max. Key Lot Depth (NR) (R) (NR) (R) (min.) Ht Imperv. ft. Cover GB- General None 5 0 (min.) 10 10 0 1 per 120 80% b, c, Business (min.) (min.) (min.) (min) 500 d, e 25 sq.ft. max. for all uses R -2 Single None 5 10 10 10 10 35 80% b, c, Family (min.) (min.) (min.) (min.) (min..) d Residential -2 25 max. b. Uses may require a Specific Use Permit. The City of Schertz will follow the guidelines outlined in the Air Installation Compatible Use Zone (AICUZ) study for Randolph Air Force Base. C. No variances may be permitted to exceed the maximum impervious cover limitations d. Refer to Sec 21.9.15 for additional design requirements e. Zero foot (0') minimum setbacks shall also meet fire separation p requirements following_ design standards shall provide property owners, d decision makers adequate design guidance for retrofitting �r new commercial and mixed use buildings. Existing residential buildings converted to accommodate commercial uses a. Location and Orientation on the lot i To the extent possible, buildings shall be oriented towards Main Street with the primary entrance located on that street. All primary entrances shall be oriented to the public sidewalk for ease of pedestrian access. Formatted: DocInfo .0305 7818.36 918-3 _69 features Building massing used to emphasize entrances _70 Formatted: DocInfo Architectural Elements and Storefron i. An expression line or equivalent delineate divisions between floo cornice shall delineate the tops of a pitched roof. For retail store_ window area and bulkhead at the 1 ii. Building entrances may be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticos, porches, overhangs, railings, balustrades, and others as appropriate. All building elements should be compatible with the architectural style, materials, colors, and details of the building as a whole. Entrances to upper level uses may be defined and integrated into the design of the overall building facade. iii. Roofs. Flat roofs enclosed by parapets or sloped roofs shall be used to screen rooftop mechanical equipment. Mansard Formatted: DocInfo _.7.1 roofs and flat membrane -type roofs that are visible are prohibited. iv. Doors and Windows. Generally, windows shall be oriented vertically, and bay windows shall have external bottom supports. Dormer windows shall also be vertically proportioned and slightly shorter than the windows below. In order to provide clear views of merchandise and perceived connections. v. Transparency Required. For all new buildings, the street - level floor along Main Street shall have transparent storefront windows covering no less than fifty= percent (50 %) of the facade area. Each floor of all building faVades facing a street or plaza shall contain transparent windows covering at least fifteen percent (15 %) of the facade area. vi. Ground floor retail building plate heights shall be at least fifteen feet (12') in height. vii. Storefronts. Retailers located at the street level shall primarily use storefronts to orient and advertise merchandise to customers. Retail buildings shall provide street -level pedestrian- oriented uses at the ground floor level. Storefronts on facade treatments that span multiple tenants shall use architecturally compatible materials, colors, details, awnings, signage, and lighting fixtures. _72 Formatted: DocInfo End of Article 5 Formatted: DocInfo osoS 7818.3` r 73 Article 6 — Manufactured Hones and RV Parks ...................................................................................................................................................................................................................................... ............................... Schertz Unified Development Code Article 6 Manufactured Homes and RV Parks Sec. 21.6.1 Manufactured Home Subdivisions A. Purpose The provisions of this section are established to: 1. recognize that certain areas of the City are suitable for a mixture of single - family dwelling units and HUD -code manufactured homes; 2. provide adequate space and site diversification for residential purposes designed to accommodate the peculiarities and design criteria of manufactured homes, along with single - family residences; 3. provide for adequate vehicular and pedestrian circulation; 4. promote housing densities appropriate to and compatible with existing and proposed public support facilities 5. promote the most desirable use of land and direction of building development; and 6. promote stability of development. B. Plat Required Prior to development of any Manufactured Home Subdivision, a final plat must be approved and filed for record in accordance with section 21.12.9. No permit shall be issued for the placement of any manufactured home on any property that is not located on a legally platted lot of record. C. Minimum Site Reauirements I ':- - Minimum Lot Area The minimum lot area for any lot within a manufactured home subdivision shall be in accordance with Table 21.5.7A. 2. Open Space Requirements a. The minimum front, side and rear yard setbacks shall be in accordance with Table 21.5.7A. b. Accessory structures on each lot shall have a minimum setback from any lot line of at least ten feet (10'). Formatted: DocInfo Article 6 — Manufactured Hones and RV Parks ................................................................ ............................... Schertz Unified Development Code C. The minimum distance between manufactured homes on separate lots at any point shall be twenty -five feet (25'). 3. Height Regulations a. The maximum height for any structure in the manufactured home subdivision shall be thirty -five feet (35'). b. The average height of the manufactured home frame above the ground elevation, measured at ninety degrees (90 °) to the frame, shall not exceed three feet (3'). 4. Soil and Ground Cover Exposed ground surfaces in all parts of every manufactured home subdivision shall be paved or protected with a vegetative ground cover that is capable of preventing soil erosion and of eliminating dust. 5. Drainage The ground surface in all parts of a manufactured home subdivision shall be graded and equipped to drain all surface water away from the manufactured home spaces. D. Street Lighting Street lighting within a manufactured home park or manufactured home subdivision shall be provided- by the developer or property owner along all internal streets. Street lights will be installed in accordance with UDC section 21.14.1.S. Parking inimum of two (2) parking spaces shall be provided for each manufactured space. Each parking space will be a minimum of ten feet (10') by twenty (20'). Each parking space shall be constructed of concrete or asphalt and ed to eliminate interference with access to parking areas provided for other zfactured homes and for public parking. Required parking spaces shall not uct pedestrian walkways. F. Carports See section 21.8.3 of this UDC. G. Manufactured Home Installation In addition to the requirements of any building code and fire code, manufactured homes shall be installed in accordance with the following criteria: Formatted: DocInfo 2 Article 6 — Manufactured Hones and RV Parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code 1. Axle and hitch assemblies shall be removed at the time of placement on the foundation. 2. Each manufactured home shall be totally skirted with masonry, pressure - treated wood, or other nondegradable, fire resistant material which is compatible with the design and exterior materials of the primary structure. H. Fire Safety Standards 1. Access for Fire Fighting Approaches to all manufactured h, 2. Water Supply Facilities for Fire D Water supply facilities for fire der an available City water supply. firefighting requirements shall be manufactured home subdivisic acceptable to the City located w lots, measured along the driveA subject to periodic inspection by it I. Recreation Area J. K. All manufactured 0 of this UDC. for fire fighting. nenr operations shall be connected to adequacy of the water supply for ermined by the City Engineer. The shall provide standard hydrants 500 feet of all manufactured home or streets.. Fire hydrants will be 'ity e required to dedicate parkland in All utilities, including but not limited to electrical wiring, natural gas, telephone, cable, internet and security systems, shall be installed underground and shall be maintained in accordance with applicable City codes and regulations for such 1. Every lot owner within a manufactured home subdivision shall be responsible for ensuring compliance with all requirements of this UDC including proper installation of the manufactured home, proper installation of all utility connections and proper tie -down of the manufactured home. 2. Skirting with the necessary vents, screens and/or openings shall be required on all manufactured homes and shall be installed within thirty (30) days after the placement of the manufactured home. Formatted: DocInfo osoS 7818.3` rho y 3 Article 6 — Manufactured Hones and RV Parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code 3. Skirting, porches, awnings and other additions, when installed, shall be maintained in good repair. The use of space immediately underneath a manufactured home for storage shall be permitted only under the following conditions. a. The storage area shall have a base of impervious material. b. Stored items shall not interfere with the underneath inspection of the manufactured home. C. The storage area shall be Sec. 21.6.2 Manufactured Home Parks A. Purpose The provisions of this section are established to 1. provide adequate space and site diversification for _residential purposes designed to accommodate the peculiarities and design criteria of manufactured homes, along with single - family residences; 2. provide adequate provisions for vehicular and pedestrian circulation; 3. promote housing densities appropriate to and compatible with existing and proposed public support facilities 4. promote the most desirable use of land and direction of building 5. promote stability of development. Required Prior to development of any Manufactured Home Park, a final plat must be approved and filed for record in accordance with section 21.12.9. No permit shall be issued for the placement of any manufactured home on any property that is not located on a legally platted lot of record. C. Minimum Site Requirements 1. Minimum Space Area Manufactured home parks shall have a minimum lot area meeting the requirements of Table 21.5.7A. Each manufactured home space shall have a minimum space size of sixty feet (60') by 110 feet for each manufactured home. Formatted: DocInfo osoS 7818.3` rho y 4 Article 6 — Manufactured Hones and RV Parks ................................................................ ............................... Schertz Unified Development Code Open Space Requirements a. The minimum front yard setback for each manufactured home space shall be twenty -five feet (25') from the nearest corner of the manufactured home to the front line of the manufactured home lot or space. b. No manufactured home shall be closer than ten feet (10') from any side space line or twenty -five feet (25') to a space line adjoining a public street. C. For other structures on each space, the minimum setback from any space line shall be at least ten feet (10'). d. The minimum distance between manufactured homes - at any point shall be twenty -five feet (25'). 3. Height Regulations The maximum height for any structure in the manufactured home park shall be thirty -five feet (35'). 4. Soil and Ground Cover Exposed ground surfaces in all parts of every manufactured home park shall be paved or protected with a vegetative ground cover that is capable of preventing soil erosion and eliminating dust. The ground surface in all parts of a manufactured home park shall be graded and equipped to drain all surface water away from the manufactured home spaces. F A maximum 120 square foot accessory building may be provided on every manufactured home space to be utilized solely for storage of personal items belonging to the owner or tenant of the space. In -lieu of individual accessory buildings on each lot or space, self storage facilities may be provided for adequate storage. Where provided, storage facilities shall be designed in a manner that will enhance the appearance of the manufactured home park or manufactured home subdivision and shall be one - hundred percent (100 %) masonry, excluding doors and windows. Storage outside of approved storage facilities shall be prohibited. Formatted: DocInfo 5 Article 6 — Manufactured Hones and RV Parks ................................................................ ............................... Schertz Unified Development Code D. Access, Traffic Circulation and Parking Internal Streets and Signage All infrastructure (streets, signs, and utilities) are required to be built to City standards. Internal streets, no- parking area signs and street name signs shall be privately owned, built and maintained. Streets shall be designed for safe and convenient access to all spaces and to facilities for common use of residents. Internal streets shall be kept open and free of obstruction in order that police and fire vehicles may have access to any area of the manufactured home park. The police department shall be authorized to issue citations for the violation of the provision herein and to remove and impound offending vehicles. 2. Signs Prohibiting Parking Required On all sections of internal streets on which parking is prohibited under this UDC, the developer or its successors and/or assigns shall erect metal signs prohibiting parking. The sign typo, size, height and location shall be approved by the City Manager or his /her designee prior to installation. Internal Street All internal streets shall be constructed to specifications established by this UDC and the Public Works Specifications Manual and shall be maintained by the developer or its successors and/or assigns and shall be free of any cracks, holes and other hazards. Internal streets shall be designed by a licensed professional engineer in accordance with good engineering designs and shall be approved by the City Engineer prior to issuance of an occupancy permit for the manufactured home park. Emergency Ingress and Egress All residents r shall be notified when and where emergency ingress /egress has been provided. Procedures shall be established to warn the residents of the opening of the emergency access in the event of an emergency. Internal Street Dimensions An internal street or common access route shall be provided to each manufactured home space. Each street shall have a minimum width of thirty feet (30'). On- street parking shall be permitted on only one side of the street. The internal streets shall be continuous and connect with other internal streets or with public streets, or shall be provided with a cul -de- sac having a minimum diameter of 150 feet. No internal street ending in a cul -de -sac shall exceed 500 feet in length. Formatted: DocInfo 6 Article 6 — Manufactured Hones and RV Parks ................................................................ ............................... Schertz Unified Development Code Parking Requirements A minimum of two (2) parking spaces shall be provided for each manufactured home space. Each parking space will be a minimum of ten feet (10') by twenty feet (20'). Each parking space shall be constructed of concrete or asphalt and located to eliminate interference with access to parking areas provided for other manufactured homes and for public parking. Required parking spaces shall not obstruct pedestrian walkways. 7. Carports See section 21.8.3. S. Unobstructed Access Internal streets shall permit unobstructed access to within at least one hundred feet (100') of any portion of each manufactured home. 9. Intersections with Public Streets Interior streets shall intersect adjoining public streets at approximately ninety degrees (90 °) and at locations which will eliminate or minimize interference with traffic on these public streets. 10. Common Area Parking Area Required To minimize on- street parking and to facilitate movement of emergency vehicles into and through a manufactured home park, a minimum parking area of 150 ,square feet per manufactured home space or lot shall be provided in a common area for storage of boats or other vehicles in excess of the minimum required parking and for visitors' vehicles. Sidewalks hall be installed on both sides of all streets and shall connect to within a manufactured home park. Sidewalks shall be in accordance with City standards. E. Street lighting Street lighting within a manufactured home park shall be provided by the developer or property owner along all internal streets. Street lights will be installed in accordance with this UDC and shall have a height and spacing to ensure that an average illumination level of not less than two- tenths (2/10) footcandles shall be maintained. Formatted: DocInfo 7 Article 6 — Manufactured Hones and RV Parks ................................................................ ............................... Schertz Unified Development Code Manufactured Home Installation Manufactured homes shall be installed in accordance with the following criteria: Axle and hitch assemblies shall be removed at the time of placement on the foundation. 2. Each manufactured home shall be totally skirted with masonry, pressure - treated wood, or other nondegradable, fire resistant material which is compatible with the design and exterior materials of the primary structure. G. Access for Fire Fighting 1. Approaches to all manufactured homes shall be kept clear for firefighting. 2. Water Supply Facilities for Fire Department Operations H. Water supply facilities for fire department operations shall be connected to an available City water supply. The adequacy of the water supply for firefighting requirements shall be determined by the City Engineer. The manufactured home park owner shall provide standard hydrants approved by the City located within 500 feet of all manufactured home spaces, measured along the driveways or streets. Fire hydrants will be subject to periodic inspection by the City. It shall be the responsibility of the manufactured home park owner to immediately notify the City Fire Department of any fire hydrants in need of repair. Required In all manufactured home parks accommodating or designed to accommodate twenty or more manufactured homes, there shall be at least one (1) recreation area which shall be easily accessible to all park 2. Size of Recreation Area Not less than five percent (5 %) of the gross site area of the manufactured home park shall be devoted to recreational facilities, generally provided in a central location. In large parks, this may be decentralized. Recreation areas include space for community buildings and community use facilities such as adult recreation and child play areas, swimming pools, and drying yards, but not including vehicle parking areas. Formatted: DocInfo Article 6 — Manufactured Hones and RV Parks ................................................................ ............................... Schertz Unified Development Code 3. Playground Location When playground space is provided, it shall be so designated and shall be protected from traffic, thoroughfare and parking areas. Such space shall be maintained in a sanitary condition and free of safety hazards. I. Utilities All utilities, including but not limited to electrical wiring, natural gas, telephone, cable, internet and security systems, shall be installed underground and shall be maintained in accordance with applicable City ',codes and regulations for such systems. J. Refuse and Garbage Handling K. 1. The storage, collection and disposal of refuse in a manufactured home park shall be so conducted as to create no health hazards, rodent harborage or air pollution. One or both of the systems described in the paragraphs 2 and 3 below shall be used in every park. 2. If refuse is gathered at the individual spaces, it shall be stored in fly- tight, watertight, rodent proof containers, and Shall be located at each manufactured home space. Containers for this use shall be provided in sufficient number and capacity to:.aroaerly store all refuse. 3. Centrally located refuse containers having a capacity of three cubic yards or larger may be provided. If provided, such containers shall be so designed as to prevent spillage and container deterioration, and to facilitate cleaning around them. 4. The manufactured home park owner or agent shall ensure that refuse containers, if provided within the manufactured home park, are maintained in a sanitary and usable condition. I. The owner, developer or manager of a manufactured home park shall be responsible for ensuring compliance with all requirements of this UDC and shall maintain the manufactured home park, its facilities and equipment in good repair and in a clean and sanitary condition. 2. Skirting with the necessary vents, screens and/or openings shall be required on all manufactured homes and shall be installed within thirty (30) days after the placement of the manufactured home. Formatted: DocInfo 9 Article 6 — Manufactured Hones and RV Parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code Skirting, porches, awnings and other additions, when installed, shall be maintained in good repair. The use of space immediately underneath a manufactured home for storage shall be permitted only under the following conditions. a. The storage area shall have a base of impervious material. b. Stored items shall not interfere with the underneath inspection of the manufactured home. C. The storage area shall be enclosed by skirting. Sec. 21.6.3 Recreational Vehicle (RV) Parks A. Size and Marking of Units or Sites Each unit or site reserved for the accommodation of any recreational vehicle shall have an area of not less than 576 square feet, exclusive of driveways, and shall be at least twenty feet (24') wide. It shall be defined clearly by proper markers at each corner, shall be level, paved, and well drained. Any area in the City limits proposed for use as a recreational vehicle park must_ be zoned for a district that permits the use of land for a recreation vehicle park. B. Location No recreational vehicle shall be placed or erected closer than five feet (5') from the property line separating the recreational vehicle park from adjoining property, measuring from the nearest point of the recreational vehicle. C. Drainage All land used as a recreational vehicle park shall be located on well - drained sites of ample size, free from heavy or dense growth or brush or weeds. The land shall be free from marsh and shall be graded or storm sewered to ensure rapid drainage durine -and followine rain. E03 Each site used as a recreational vehicle park shall be provided with a connection and an adequate supply of water of safe, sanitary quality, approved by the City. Where water from other sources than that of the municipal supply is proposed to be used, the source of the supply shall first be approved by the City. E. Collection and Removal of Waste and Garbage; Wastewater System Each recreational vehicle park shall be provided with safe and adequate facilities for the collection and removal of waste and garbage and shall provide a proper and acceptable wastewater system, either by connection to the City wastewater Formatted: DocInfo .0305 7818.3` 918-3 _ _.10 Article 6 — Manufactured Hones and RV Parks ................................................................ ............................... Schertz Unified Development Code system where it is available or to a septic tank, all of which shall comply with all on -site sewage facility rules. If individual wastewater connections at each park space are not provided, then a centralized dump station for disposal of waste and garbage shall be provided. F. Minimum Site Requirements Minimum Space Area RV parks shall have a minimum lot area meeting the requirements of the Manufactured Home Park regulations as established in Table 21.5.7A. Each RV space shall have a minimum space size of sixty feet (60') by 110 feet for each RV. 2. Setback Requirements a. The minimum front yard setback for each RV space shall be twenty -five feet (25') from the nearest corner of the RV to the front line of the RV lot or space. b. No RV shall be closer than ten feet (10') from any side space line or twenty -five feet (25') to a space line adjoining a public street. C. For other structures on each space, the minimum setback from any space line shall be at least ten feet (10'). d.= The minimum distance between RV at any point shall be twenty - five feet (25'). Height Regulations The maximum height for any structure in the RV park shall be thirty -five feet (35'). Soil and Ground Cover I ground surfaces in all parts of every RV park shall be paved or d with a vegetative ground cover that is capable of preventing soil and of eliminating dust. 5. Drainage The ground surface in all parts of a manufactured home park shall be graded and equipped to drain all surface water away from the manufactured home spaces. Formatted: DocInfo Article 6 — Manufactured Hones and RV Parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code 6. Storage Facilities A maximum 120 square foot accessory building may be provided on every manufactured home space to be utilized solely for storage of personal items belonging to the owner or tenant of the space. In -lieu of individual accessory buildings on each lot or space, self storage facilities may be provided for adequate storage. Where provided, storage facilities shall be designed in a manner that will enhance the appearance of the RV park and shall be one - hundred percent (100 %) masonry, excluding doors and windows. Storage outside of approved storage facilities shall be prohibited. G. Access, Traffic Circulation and Parking 1. Internal Streets and Signage Internal streets, no- parking area signs and street name signs shall be privately owned, built and maintained. Streets shall be designed for safe and convenient access to all spaces and to facilities for common use of residents. Internal streets shall be kept open and free of obstruction in order that police and fire vehicles may have access to any area of the RV park. The police department shall be authorized to issue citations for the violation of the provision herein and to remove and impound offending vehicles. Signs Prohibiting Parking Required On all sections of internal streets on which parking is prohibited under this UDC, the developer or its successors and/or assigns shall erect metal signs prohibiting parking. The sign type, size, height and location shall be approved by the City Manager or his/her designee Department prior to installation. Internal Street Construction and Maintenance All internal streets shall be constructed to specifications established by this UDC and the Public Works Specifications Manual and shall be maintained by the developer or its successors and/or assigns and shall be free of any :cracks, holes and other hazards. Internal streets shall be designed by a licensed professional engineer in accordance with good engineering designs and shall be approved by the City Engineer prior to issuance of an occupancy permit for the manufactured home park. Formatted: DocInfo .0305 350307918-3 _ _.12 Article 6 — Manufactured Hones and RV Parks ................................................................ ............................... Schertz Unified Development Code 4. Emergency Ingress and Egress All residents shall be notified when and where emergency ingress /egress has been provided. Procedures shall be established to warn the residents of the opening of the emergency access in the event of an emergency. Internal Street Dimensions and Parking An internal street or common access route shall be provided to each RV space. Each street shall have a minimum width of thirty feet (30') and off - street parking shall be in ratio of two - -(2) == parking spaces for each RV space. On- street parking shall be permitted on only one side of the street. Each parking space will be a minimum of ten feet (10') by twenty feet (20'). The internal streets shall be continuous and connect with other internal streets or with public streets, or shall be provided with a cul -de- sac having a minimum diameter of 150 feet. No internal street ending in a cul -de -sac shall exceed 500 feet in length. 6. Parking Requirements A minimum of two (2) parking spaces shall be provided for each RV space. Each parking space shall be constructed of concrete or asphalt and located to eliminate interference with access to parking areas provided for other RVs and for public parking. Required parking spaces shall not obstruct pedestrian walkways. 7. Unobstructed Access Internal streets shall permit unobstructed access to within at least one hundred feet (100') of any portion of each RV. Public Streets Interior streets shall intersect adjoining public streets at approximately ninety degrees (90 °) and at locations which will eliminate or minimize interference with traffic on these public streets. Area Parking Area Required To minimize on- street parking and to facilitate movement of emergency vehicles into and through a RV park, a minimum parking area of 150 square feet per RV space or lot shall be provided in a common area for storage of boats or other vehicles in excess of the minimum required parking and for visitors' vehicles. Formatted: DocInfo osoS 350307918-3 13 Article 6 — Manufactured Hones and RV Parks ................................................................ ............................... Schertz Unified Development Code 10. Sidewalks Sidewalks shall be installed on both sides of all streets and shall connect to every space within a RV park. Sidewalks shall be constructed in accordance with City standards. H. Street lighting Street lighting within a RV park shall be provided by the developer or property owner along all internal streets. Street lights will be installed in accordance with this UDC and shall have a height and spacing to ensure that an average illumination level of not less than two tenths (2/10) footcandles shall be maintained. Fire Code Access for Fire Fighting Approaches to all RVs shall be kept clear for fire fighting Water Supply Facilities for Fire Department Operations Water supply facilities for fire department operations shall be connected to an available City water supply. The adequacy of the water supply for firefighting requirements shall be determined by the City Engineer. The RV park owner shall provide standard hydrants approved by the City located within 500 feet of all RV spaces, measured along the driveways or streets. Fire hydrants will be subject to periodic inspection by the City. It shall be the responsibility of the RV park owner to immediately notify the City Fire Department of any fire hydrants in need of repair. Area Recreation Area Required RV parks accommodating or designed to accommodate twenty or KVs, there shall be at least one (1) recreation area which shall be accessible to all park residents. of Recreation Area Not less than five percent (5 %) of the gross site area of the RV park shall be devoted to recreational facilities, generally provided in a central location. In large parks, this may be decentralized. Recreation areas include space for community buildings and community use facilities such as adult recreation and child play areas, swimming pools, and drying yards, but not including vehicle parking areas. Formatted: DocInfo osoS 350307918-3 14 K. L. Article 6 — Manufactured Hones and RV Parks ................................................................ ............................... Schertz Unified Development Code Playground Location When playground space is provided, it shall be so designated and shall be protected from traffic, thoroughfare and parking areas. Such space shall be maintained in a sanitary condition and free of safety hazards. 4. Total Open Space Requirements RV parks shall provide a minimum of twenty percent (20 %) open space of the total gross site area of the park. The minimum required open space may be inclusive of the required recreational area calculation. Utilities All utilities, including but not limited b internet and security systems, shall be maintained in accordance with applic, such systems. Miscellaneous Requirement The owner, developer or mai ensuring compliance with ''all '` the RV park, its facilities and sanitary condition. Article 6 iring, telephone, cable, lerground and shall be .es and regulations for park shall be responsible for )f this UDC and shall maintain good repair and in a clean and Formatted: DocInfo .0305 350307918-3 _ _.15 Article 6 — Manufactured Hones and RV Parks ................................................................ ............................... Schertz Unified Development Code [This page intentionally left blank.] 16 Formatted: DocInfo Article 7 — Nonconforming Uses, Lots and Structures ...................................................................................................................................................................................................................................... ............................... Schertz Unified Development Code Article 7 Nonconforming Uses, Lots and Structures Sec. 21.7.1 Purpose and Intent A. Within the districts established by this UDC or amendments thereto, there may exist lots, structures, uses of land and structures, and characteristics of use which were lawfully in existence and operating before this UDC was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this UDC to permit such nonconforming_ uses to continue, as long as the conditions within this section and other applicable sections of this UDC are met. B. It is further the intent of this UDC that nonconforming uses, lots and structures shall not be enlarged upon, expanded or extended, and shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same district. C. Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved. Sec. 21.7.2 Nonconforming Status A. Except as provided in section 21.7.9 below, any use, platted lot or structure that does not conform with the regulations of this UDC on the effective date hereof or any amendment hereto, shall be deemed a nonconforming use, platted lot or structure provided that: I . such use, platted lot or structure was in existence under, and in compliance with, the provisions of the inunediately prior UDC or code; 2. such use, platted lot or structure was a lawful, nonconforming use, platted lot or structure under the immediately prior UDC or code; or 3 such use, platted lot or structure was in existence at the time of annexation into the City, was a legal use of the land at such time, and has been in reeular and continuous use since such time. B. Except as provided in section 21.7.9 below, any other use, platted lot or structure which does not conform with the regulations of the zoning district in which it is located`on the effective date of this UDC or any amendment hereto, shall be deemed to be in violation of this UDC, and the City shall be entitled to enforce fully the terms of this UDC with respect to such use, platted lot or structure. Sec. 21.7.3 Continuine Lawful Use of Land and Structures A. A nonconforming use or structure may continue to be used, operated or occupied in accordance with the terms of the zoning regulations by which it was Formatted: D.rInfo Article 7 — Nonconforming Uses, Lots and Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code established, or in the case of annexed property, in accordance with the regulations under which it was created. B. A nonconforming structure occupied by a nonconforming use may be re- occupied by a conforming use, following abandonment of the nonconforming use. Sec. 21.7.4 Expansion of Nonconforming Uses and Structures A. A nonconforming use may be extended throughout the structure in which it is located, provided that: 1. the structure or its premises shall not be enlarged or increased in height, in floor area or in land area to accommodate extension of the nonconforming use; 2. no alteration shall be made to the structure occupied by the nonconforming use, except those alterations that are required by law to preserve the integrity of the structure and alterations that would upgrade the quality, safety or aesthetic appeal of the structure; and 3. the number of dwelling units occupying the structure shall not exceed the number of dwelling units existing at the time the use became nonconforming. B. A nonconforming use occupying a structure shall not be extended to occupy land outside the structure. C. A nonconforming use or structure shall not be enlarged, increased or extended to occupy a greater area of land than was occupied at the time the use or structure became nonconforming, except to provide additional off - street parking or loading areas required by this UDC. Sec. 21.7.5 Abandonment of Nonconforming Uses and Structures, and Cessation of Use of Structures or Land A. If a nonconforming use or structure is abandoned, any future use of the premises shall be in conformity with the provisions of this UDC, as amended, and with any other applicable City codes, ordinances or regulations that are in effect at the time the use is resumed or the structure is re- occupied. B. A nonconforming use or structure shall be deemed "abandoned" in the following circumstances: 1. the use ceases to operate for a continuous period of 180 calendar days; 2. the structure remains vacant for a continuous period of 180 calendar days; or Formatted: D.rInfo 2 Article 7 — Nonconforming Uses, Lots and Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code 3. in the case of a temporary use, the use is moved from the premises for any length of time. C. If the use of any lot, tract or property that does not have a building on it and that is used for open/outside storage as of the effective date of this UDC is made nonconforming by this UDC, as amended on the effective date, then such storage use shall cease within ISO calendar days following the effective date of this UDC. The lot, tract or property shall be cleaned up and all trash, debris, stored items and vehicles, and other materials shall be removed from the premises such that the property is not a physical or visual nuisance to the public or to surrounding property owners. Sec. 21.7.6 Substitution of Nonconforming Uses A. A nonconforming use shall not be changed to another nonconforming use. B. A nonconforming use may be changed to a conforming use provided that, once such change is made, the use shall not be changed back to a nonconforming use. C. A conforming use located in a nonconforming structure may be changed to another conforming use, but shall; not be changed to another nonconforming use. D. Notwithstanding any of the provisions of this section, a nonconforming HUD - Code manufactured home may be exchanged or replaced by another HUD -Code manufactured home, provided the newly located residential unit is owner- occupied. Sec. 21.7.7 Structure A. If more than fifty percent (50 %) of the total appraised value of a nonconforming structure, as determined by the applicable County Appraisal District, is destroyed by fire, the elements, or some other cause, then the structure may be rebuilt only in conformity with the standards of this UDC. B. If less than fifty percent (50 %) of the total appraised value of a nonconforming structure, as determined by the applicable County Appraisal District, is destroyed by fire, the elements, or some other cause, then the structure may be reconstructed as it was ''before the partial destruction but only to its original dimensions and floor area, and provided that such reconstruction is completed within 365 calendar days following the event that caused the partial destruction. If reconstruction is delayed by contested insurance claims, litigation, or some other similar cause, then the 365 calendar day reconstruction period may be extended by the City Manager or his/her designee, at his/her sole discretion. Formatted: D.rInfo osoS 7818.3` rho y 3 Article 7 — Nonconforming Uses, Lots and Structures ............................................................................ ............................... Schertz Unified Development Code C. If a nonconforming structure that is totally or partially destroyed was occupied by a nonconforming use at the time of such destruction, then the nonconforming use may be re- established subject to the limitations on expansion set forth in section 21.7.4 above. D. Any conforming structure that is totally or partially destroyed shall be reconstructed only in conformity with the standards of this UDC. E. Nothing in this UDC shall be construed to prohibit the upgrading, strengthening, repair or maintenance of any part of any structure, conforming or nonconforming, that is declared unsafe or uninhabitable by the proper authority, unless such repairs or maintenance exceeds fifty percent (50 %) of the structure's appraised value, as determined by the applicable county appraisal district. Sec. 21.7.8 Relocation of Nonconforming Structure No nonconforming structure or building shall be moved in whole or in part to any other location on the lot, or to any other location or lot, unless every portion of such structure is in compliance with all the regulations of the zoning district in which the structure is to be relocated. Such building relocation shall also require a structure relocation permit from the City, and may also require platting of the intended building site as well as Site Plan approval pursuant to this UDC. Sec. 21.7.9 Nonconforming Lots A. The following types of platted lots shall be deemed in conformance with the provisions of this UDC, notwithstanding the fact that such lot does not meet the standards of this UDC in the zoning district in which it is located: any vacant lot that conformed to the City's zoning district regulations at the time that it was platted, or any lot occupied by a single - family dwelling authorized under the zoning district regulations in which the lot is located. B. Nothing in this UDC shall be construed to prohibit the use of a lot that does not meet the minimum lot standards of the zoning district in which it is located, provided that the lot is zoned for the land use(s) intended and the lot was platted as a lot of record prior to the effective date of this UDC. C. A lot of record located within the RA zoning district that is nonconforming may be occupied by a single - family dwelling provided that all applicable zoning standards with regard to building setbacks, building size and design criteria are met. Sec. 21.7.10 Validation A. Within the City, there exist on the following subdivisions: Belmont Park; Kramer Farm; Whisper Meadows; Northcliffe II; Tanglewood; Wynn Brook; Jonas Formatted: Docmfo osoS 7818.3` rho y 4 Article 7 — Nonconforming Uses, Lots and Structures ............................................................................ ............................... Schertz Unified Development Code Woods Unit 1 Lots 1 -18, Block 3; Jonas Woods Unit 1 Lots 1 -29, Block 2; Jonas Woods Unit 1 Lots 1 -18 and 51 -65, Block 1; Jonas Woods Unit 4; The Ridge at Scenic Hills; Fairhaven; The Links at Scenic Hills; and The Fairways at Scenic Hills (the "Subdivisions "), which include structural encroachments onto platted setbacks; plats with improperly designated setbacks or improper lot sizes; and improper master plans. It is the intent of this section to validate such improper encroachments, plats, and master plans in the Subdivisions and to determine that such improper encroachments, plats, and master plans are deemed not to be in violation of this UDC, but only so long as the conditions within this section 21.7.10 of this UDC are met. The provisions of this section shall be limited to validate only the improper encroachments, plats, and master plans on February 24, 2009 in the Subdivisions. B. The portions of existing structures encroaching onto platted setbacks in any of the Subdivisions on the effective date of this 'UDC (Validated Encroaching Structures) shall not be enlarged upon, expanded, or extended into the platted setback area. C. If more than fifty percent (50 %) of (i) the total square footage of a Validated Encroaching Structure or (ii) the total appraised value of the Validated Encroaching Structure, as determined by the applicable County Appraisal District, is destroyed by fire, the elements, or some other cause, the Validated Encroaching Structure may not be rebuilt within the platted setback, except as may otherwise be permitted by this UDC (other than this section). If fifty percent (50 %) or less of (i) the total square footage of a Validated Encroaching Structure or (ii) the total appraised value of the Validated Encroaching Structure, as determined by the applicable County Appraisal District, is destroyed by fire, the elements, or some other cause, the Validated Encroaching Structure may be reconstructed as it was before the partial destruction but only to its original dimensions and footprint area within the platted setback, and provided that such reconstruction is completed within 365 calendar days following the event that caused the partial destruction. If reconstruction is delayed by contested insurance claims, litigation, or some other similar cause, the 365 calendar day reconstruction period may be extended by the City Manager or His/her designee, at his/her sole discretion. D. No Validated Encroaching Structure encroaching onto a platted setback shall be moved in whole or in part to any other location on the lot, unless every portion of such structure after such relocation is out of the platted setback and is in compliance with all the requirements of the zoning district for such lot and all other applicable requirements of this UDC and other applicable codes, ordinances or regulations of the City in effect at such time. E. If application is made to have plats with improper setbacks, plats with improper lot sizes, and/or existing master plans for any of the Subdivisions replatted or amended, any such replats or amendments shall be required to be in conformity with the provisions of this UDC (other than this section) and with all other Formatted: D.rInfo 5 Article 7 — Nonconforming Uses, Lots and Structures ............................................................................ ............................... Schertz Unified Development Code applicable City codes, ordinances or regulations that are in effect at the time application for amendment or replatting is made. F. This section is subject in all events to the property owner's rights set forth in LGC Chapter 245. End of Article 7 6 Formatted: DocInfo Article 8 — Special Uses and General Regulations .................................................................... ............................... Schertz Unified Development Code Article 8 Special Uses and General Regulations Sec. 21.8.1 Secured (Gated Communities) A. Purpose To achieve orderly development of secured (gated) communities, to promote and develop the utilization of land to assure the best possible community environment in accordance with the Comprehensive Land Plan and to protect and promote the health, safety and general welfare of the City. B. Establishment of a Secured (Gated) Community 1. Minimum Size The minimum acreage requirement for a seemed (gated) community shall be seventy five (75) acres. 2. Master Plan Required A master plan shall be required for all proposed secured (gated) communities and shall be submitted in accordance with section 21.12.5 and shall illustrate the security system to be used, the type of fence, and the type of gate (electric /manual/etc.) to be used. All . secured (gated) communities shall be surrounded by a masonry or wrought iron fence with at least two (2) entrances, electronically or manually controlled gates and shall be administered by a Homeowner's Association. Entry and exit ways to secured (gated) communities shall have a minimum width of twenty feet (20') when the gate is fully opened and shall be equipped with a Knox key entry system as approved by the Fire Department. Conflict with Master Thoroughfare Plan a. A secured (gated) community shall not cross an existing or proposed thoroughfare as shown on the City's Master Thoroughfare Plan. b. A secured (gated) community shall not disrupt or cross an existing or proposed public pedestrian pathway, hike and bike trail, park or other public facility as shown on the City's Master Thoroughfare Plan or Parks and Open Space Master Plan. C. Homeowners Association (HOA) A HOA shall be established for a secured (gated) community and creation shall be so noted on the plat. The following "Maintenance Agreement" statement shall appear on the final plat: Formatted: DocInfo Article 8 — Special Uses and General Regulations Schertz Unified Development Code "Streets within this subdivision shall be constructed in accordance with the City of Schertz public streets standards. The upkeep and maintenance to include the mowing of shoulders and right -of -way, removal of weeds and unclogging of culverts shall be the responsibility of the Homeowners Association. The City of Schertz is released from any liability of these streets. Periodic inspection by a public official who is authorized to enforce complaints about poor maintenance is permitted." Subject to the following sentence, the HOA shall provide for operation, repair and maintenance of all common areas, fences, walls and all common facilities including, but not limited to, streets, sidewalks or other infrastructure that are part of the common facilities. If the HOA's rules and regulations or long- standing policy and practice provide that maintenance or repair of fences or walls adjoining a property owner's property shall be the responsibility of the property owner, such rules or practice shall apply. The City shall be granted permission for and practical access at any time without liability when on official business and further, to permit the City to remove any obstructions including,, but not limited to, any gate and guard house, upon noncompliance by the HOA or if necessary for emergency vehicle access. The cost of removal of any obstruction shall be assessed to the owner or if a common facility, to the HOA. 4. The HOA shall provide access for fire, ambulance, and police services, mail deliveries, school buses, garbage pickup, and utilities. Access must not require drivers to exit their vehicles. Repair and maintenance of common facilities shall be conducted on a schedule acceptable to the City and shall be undertaken promptly by the HOA. This schedule shall be submitted to the City Engineer for review at the same time as the financials required by 6 below. Annually, the HOA shall submit to the City Engineer a copy of that year's certified financial statements which shall include a balance sheet showing amounts in maintenance reserve accounts, if any, at the end of the period, income statement showing expenditures during the reporting period and a budget showing projected allocations to the maintenance reserve accounts and projected expenditures for the coming year. D. Controlled Access When there is a controlled access to a subdivision, whether it is a mechanical device or a security guard, the maintenance and upkeep will be the responsibility of the Homeowners Association. Access at all times by public safety personnel must be guaranteed. Formatted: DocInfo 2 Article 8 — Special Uses and General Regulations .................................................................... ............................... Schertz Unified Development Code E. Private Streets 1. All streets and sidewalks within a secured (gated) community shall be private streets, shall be maintained by the HOA, and shall be constructed in accordance with City standards. 2. If repairs and maintenance are not performed by the HOA, the City shall have the authority to undertake any necessary repairs or maintenance and shall be reimbursed by the HOA. A statement shall be added to the plat which provides for maintenance of streets by the HOA and authorizes the City to perform such repairs or maintenance at the expense of the HOA. F. Converting Private Streets to Public Streets 1. Upon a written request signed by HOA officers and submitted to the City Council, dedication of private streets to the public may be accomplished providing that private streets are brought up to the standards for public streets in the City and upon approval by the City Council. 2. The written request shall be accompanied by a petition containing the signatures of the owners of one - hundred percent (100%) of the existing lots in the subdivision. 3. All repairs, maintenance, or reconstruction of private streets shall be approved and accepted by the City prior to conversion. All conversion dedication costs shall be paid by the HOA. Sec. 21.8.2 Accessory Buildings, Uses and Structures A. No accessory building, use or structure shall be permitted without a primary use or structure. B. Accessory buildings,, uses and structures as permitted herein shall comply with the maximum impervious coverage restrictions contained in zoning regulations, and the number of accessory uses /structures on lots of less than '/2 acre is limited to a (3). C. Accessory buildings, uses or structures shall be set back three feet (3') from common' property lines and may not be located within an easement. D. No accessory building, use or structure may be closer than ten feet (10') to the main building. E. No detached accessory building, use or structure shall be allowed in the front yard. Formatted: DocInfo osoS 7818.3` rho y 3 Article 8 — Special Uses and General Regulations Schertz Unified Development Code Attached accessory buildings, uses or structures shall comply with the front, side and rear setbacks and height restrictions established for the primary structure and/or this section. G. The wall height of the accessory building, use or structure shall be limited to not more than eight feet (8') and total accessory building, use or structure height shall not exceed fifteen feet (15'). This is only applicable to platted subdivisions with a specific lot size e.g. eighty feet (80') by one hundred feet (100') and is not intended to be applicable for one -owner multiple acre residence. In this instance, a variance is not required and the total accessory building, use or structure height cannot exceed thirty -five feet (35'). H. Accessory buildings, uses or structures that are accessory to a principal residential use on the same lot shall require administrative Site Plan approval prior to building permit issuance. The minimum separation between a main structure and detached accessory building, use or structure other than a carport shall be ten feet (10'). The minimum separation between the main building and an in-ground or above- ground pool, spa, hot tub, playhouse, sauna or gazebo which does not exceed one story in height may be less than ten feet (10') if the accessory building, use or structure is contiguous with or an integral part of the main building, and/or the accessory building, use or structure is engineered by a professional engineer to ensure the integrity of the existing (main building) foundation. 1. Such plans indicating the design for any such structure shall be submitted to the Buildine Inspector for review in connection with the issuance of a and Setback distances for in- ground or aboveground pools, spas, hot tubs and saunas shall be measured to the outside edge of the beam (structural edge) of the pool, spa, etc. K. Detached equipment and appliances in commercial and manufacturing districts shall be located immediately adjacent to the principal building. L. Detached, accessory buildings, uses or structures in commercial and manufacturing districts shall be constructed of the same exterior materials as required in Article 9, Site Design Standards, and shall not be located in a manner that decreases the minimum number of parking spaces required. M. Accessory buildings, uses or structures located in commercial and manufacturing districts shall be located at the rear of the principal building and property and shall not occupy designated parking spaces. Formatted: DocInfo osoS 7818.3` rho y 4 Article 8 — Special Uses and General Regulations ...................................................................................................................................................................................................................................... ............................... Schertz Unified Development Code N. Automatic teller machine (ATM) drive -thru structures are not authorized unless the associated bank occupies a space on the same property and has a valid Certificate of Occupancy. Sec. 21.8.3 Carports, Porte- Cocheres A. Multifamily/Non- residential Districts 1. Carports shall be allowed in multifamily and non - residential districts. 2. Carports shall be located within all building setbacks. 3. Carports shall not be located within required landscaping areas. 4. The minimum height of the carport entry shall be fourteen feet (14'). 5. All parking spaces located under the carport shall be of asphalt or concrete. 6. Carports shall be structurally sound, as determined by the Director of Development Services or his/her designee. B. Manufactured Home Subdivisions and Parks 1. A carport may not be constructed in such a way that any part of the structure encroaches into a required setback as set by the underlying 2. The maximum height of the carport entry shall be ten feet (10'). 3. Driveways to the carport and parking spaces under the carport shall be constructed of asphalt or concrete. 4. Parking spaces shall be a minimum of ten feet (10') by twenty feet (20'). 5. The carport shall be structurally sound as determined by the Director of Development Services or his/her designee. 6. The carport must not drain directly or indirectly onto neighboring properties. C. Single Family and Duplex Districts 1. Shall be attached to a residence and shall be an integral part of the primary structure; 2. Shall not encroach into a required setback as set by the underlying zoning district; Formatted: DocInfo 5 Article 8 — Special Uses and General Regulations .................................................................... ............................... Schertz Unified Development Code 3. Shall be erected over a driveway constructed of asphalt or concrete; 4. Shall not exceed one (1) story in height; 5. Shall be open on two (2) or more sides; and 6. Shall be constructed of the same material as the primary structure. Sec. 21.8.4 Home A. Purpose and Intent. 1. Protect residential areas from adverse impact of activities associated with home occupations. 2. Permit residents of the community a reasonable choice in the use of their homes as a place of livelihood and the production or supplementing of personal and family income. 3. Establish criteria and development standards for home occupations conducted in dwelling units: B. Home Occupations -- Required Conditions 1. The area set aside for home occupations shall not exceed twenty percent (20 %) of the total floor area of such residence. 2. No interior or exterior business sign shall be permitted. 3. No mechanical equipment shall be used except of a type that is similar in character to that normally used for purely domestic or household mechanical equipment as for hobby purposes in conjunction with the home occupation. 4: Retail sales shall be prohibited on the premises. 5. No more than one person other than the immediate family permanently residing on the premises shall be employed in the home occupation. 6. No more than one home occupation shall be permitted within any single dwelling unit. 7. A home occupation shall be carried on wholly within the principal building. No home occupation or any storage of goods, materials, or products connected with a home occupation shall be allowed in accessory buildings or garages, attached or detached, excluding paints and chemicals that may be used in the home occupation. Formatted: DocInfo 6 Article 8 — Special Uses and General Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code S. There shall be no exterior indication of the home occupation or variation from the residential character of the principal building. 9. There shall be no exterior storage of materials to be used in conjunction with a home occupation. 10. A home occupation shall produce no offensive noise, vibration, smoke, electrical interferences, dust, odors, or heat detectable beyond the property limits or beyond the walls of the dwelling unit. The judgment of the City's Code Enforcement Officer pertaining to a violation under this section shall be considered decisive and final unless 'formally appealed to the BOA within thirty (30) days after the Code Enforcement Officer's written determination. 11. All home occupations may be subject to periodic inspections by die City. C. Home Occupation Permit Purpose To establish a methoi nonresidential activities home occupations in the 2. Permit P 'regulate and control the types and numbers of the City who has, or desires to establish an ation, is required to have a home occupation Permit t shall apply to the City's Director of Development or his/her designee for a home occupation permit. The Director of Development Services or his/her designee may issue the pen-nit if the home occupation meets all the requirements established in Paragraph B. C. The decision of the Director of Development Services or his/her designee may be appealed to the BOA in accordance with section 21.4.14. d. The BOA will be the final judgment on appeals which must be submitted to the BOA within thirty (30) days after disapproval by the Director of Development Services or his/her designee. Formatted: DocInfo 7 Article 8 — Special Uses and General Regulations .................................................................... ............................... Schertz Unified Development Code e. Supporting Documents i. Signed statement One type of supporting evidence that may be submitted to the BOA for their consideration of an appeal is a signed statement by each property owner up to 200 feet of the property on which the home occupation is to occur, stating that the property owner has no objection to the existence of the proposed home occupation. An example of such a statement is as follows: "I (name) the property owner at (address) have been advised by (name of home occupation applicant) of the request to the City for a Dome Occupation Permit for the purpose of conducting (type of home occupation) and I have no objection to the house occupation permit being granted for the purpose reflected in this statement. Signature of neighboring property owner and date" ii. Statement from property owner An applicant who is renting the property on which a home occupation permit is requested shall obtain a written statement from the owner of the property. The owner will state that he /she has no objection to the home occupation on the property. iii. Persons with demonstrated physical handicaps Persons with physical handicaps may be permitted special consideration. The applicant may request a waiver of a portion or all of one or more of the requirements for a home occupation. iv. Granting of exception It shall be the responsibility of the applicant to submit sufficient evidence to justify the granting of an exception to any of the requirements in Paragraph B. f. Conditions Applicable to Home Occupation Permits i. Validation A home occupation permit expires every December 31. Formatted: DocInfo Article 8 — Special Uses and General Regulations .................................................................... ............................... Schertz Unified Development Code ii. Renewal Permits shall be renewed annually. iii. Inspection The Director of Development Services or his/her designee is authorized to periodically enter the premises to ensure full compliance with these requirements. iv. Tennination When a home occupation is found in noncompliance with the requirements outlined in Paragraph B, _ the pen-nit will be terminated immediately: V. Renewal of terminated permits -- The procedure for renewal of a terminated permit shall be the same as required for the issuance of a new permit under this section. Sec. 21.8.5 Reserved Sec. 21.8.6 Telecommunications Antennas A. Purpose The purpose of this section is to further an overall plan for the enhancement of public safety, consistent community development, preservation of property values and the general welfare of the City while providing for the communication needs of the residents and businesses in the City. Additional purposes of this section are 1. ensure that their location and use do not compromise the aesthetic quality of the conununity; 2. facilitate the provision of wireless telecommunication services to the residents and businesses of the City; 3. encourage operators of antenna facilities and antennas to locate them in areas where the adverse impact on the community is minimal; 4. encourage co- location on both new and existing antenna facilities; Formatted: DocInfo 9 It I Article 8 — Special Uses and General Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code 5. encourage operators of antenna facilities and antennas to configure them in a way that minimizes the adverse visual impact through careful design, landscape screening, and innovative stealth techniques; and 6. enhance the ability of wireless telecommunication providers to provide services to the community effectively and efficiently. Applicability Except as specifically provided, all new Telecommunications Towers or Antennas in the City shall be subject to the regulations contained in this section. Preexisting Towers or Antennas lawfully in existence on the effective date of this UDC shall not be required to meet the requirements of this UDC, other than those contained in sections 21.8.6.C.9 and 21.8.6.C.1 _I below. General Regulations The following regulations apply to all antenna facilities and antennas located within any district: 1. Telecommunications Antennas Subject to the second sentence of this', paragraph, telecommunications antennas shall be placed on City towers or other City facilities designated from time to time by the City if the City determines that an appropriate City tower or other City facility is in the required signal area and that there is available antenna space on such City tower or other City facility. If the City makes such determinations but the applicant prefers to locate its telecommunications antenna(s) on another tower or facility, the applicant must provide an engineering study reasonably acceptable to the City Manager or his/her designee that the City- designated location is not in the appropriate signal location or that there is insufficient antenna space at the City - designated location The City Manager may, in his/her sole discretion, waive the requirements of this section, and this section shall not prohibit' an applicant from placing its telecommunications antenna(s) on its own commercial facilities or offices in the City. Telecommunications antenna(s) placed on the applicant's own commercial facilities or offices must be affixed to the building's exterior and may not extend more than six feet (6') above the top roof line of the building, unless the City Manager, in her/her sole discretion, authorizes a higher location. The applicant shall contact the City Manager or his/her designee regarding City leasing requirements. 2. Equipment Storage Building An Equipment Storage Building associated with an Antenna Facility or an Antenna shall be screened and landscaped as described in other sections of this UDC, or be incorporated into the stealth treatment so that it is Formatted: DocInfo .0305 350307918-3 _.10 Article 8 — Special Uses and General Regulations Schertz Unified Development Code consistent and complementary with the existing structures and uses on the premises. All Equipment Storage Buildings must be constructed of a masonry material or enameled metal. Alternative materials may be permitted upon approval by the City Council and recommendation by the Planning and Zoning Commission. The base of all tower facilities must be screened with a masonry wall that will completely screen the Equipment Storage Building. 3. Driveway Surfaces All Telecommunication Tower Facilities must have an access drive that is constructed of asphalt or concrete. At least one (>) off - street parking space must be provided at each telecommunication tower facility. 4. Lights No outdoor lighting shall be allowed on any Antenna Facility except lights or lighting that is required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC). 5. Antenna Facility Capacity All new Antenna Facilities must be structurally designed to allow for at least two (2) carriers. 6. Tower Types , alternative mounting structures or stealth towers are City. 7. Prohibited Antenna facilities shall not be placed in easements unless authorized by the easement holder. S. Construction Standards permit must be obtained prior to the construction, installation, n or material alteration of any Antenna Facility. 9. Building Codes, Zoning and Safety Standards To ensure the structural integrity of Antenna Facilities, the owner of an Antenna Facility must ensure that it is maintained in compliance with all provisions of the City's building code and zoning regulations. If, upon inspection by the City Engineer or his designee, the City concludes that an Antenna Facility fails to comply with such codes and regulations and/or constitutes a danger to persons or property, then upon written notice to the Formatted: DocInfo Article 8 — Special Uses and General Regulations Schertz Unified Development Code owner of the Antenna Facility, the owner shall have thirty (30) days to bring such tower into compliance with applicable standards. Failure to bring such tower into compliance shall constitute grounds for the removal of the Antenna Facility by the owner and at the owner's expense. This notice requirement shall not preclude immediate action by the Director of Development Services or his/her designee as allowed by law if public safety requires such action. 10. Contained on Property No part of an Antenna Facility, antennas, or other attachment may extend beyond the property lines or required building lines of the lot on which the antenna or Antenna Facility is located: 11. State or Federal Requirements All Antenna Facilities must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, and if the controlling state or federal agency mandates compliances then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. A copy of an approval letter from any state or federal controlling agency shall be provided with every application for a telecommunications tower. 12. Variance Requirement A variance granted by the BOA, pursuant to section 21.4.12 of this UDC, is required for an Antenna or Antenna Facility which will not comply with the requirements of this section unless otherwise specified herein. D. Amateur Radio Antenna and TV Antennas Amateur Radio Antenna and TV Antennas are allowed as accessory uses in the R- 1, R -2, R -3, R -4, GH, R -6, R -7, R -A, MHS, MHP, or any residentially zoned PDD. Amateur Radio Antennas and TV Antennas must comply with the following regulations: Antenna Location Amateur Radio Antennas and TV Antennas can only be located on a roof or in the back yard of a residence. Formatted: DocInfo .0305 350307918-3 _ _.12 Article 8 — Special Uses and General Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code 2. Number of Facilities Per Lot No more than one (1) TV Antenna and one (1) Amateur Radio Antenna are permitted on each lot. Amateur Radio Antennas are only permitted for operators that have an amateur radio operator license from the FCC and the operator must provide the City proof of a current FCC license before an Amateur Radio Antenna is installed or maintained on a lot. 3. Height Limitations An Amateur Radio Antenna or TV Antenna can not extend more than eight feet (8') above the maximum height limitation applicable for the zoning district. 4. Setbacks Amateur Radio Antennas or TV Antennas are not permitted within any required setback area. E. Satellite Receive Only Antennas, Less Than One (1) Meter in Diameter Satellite dish receiving antennas, one (1) meter or less in diameter shall be permitted as an accessory use in the R -1, R 2, R -3, R -4, GH, R -6, R -7, R -A, MHS, MHP, or any residentially zoned: PDD. ` Satellite Receive Only Antenna must comply with the following regulations; 1. Antenna Location'' Satellite Receive Only Antenna less than one (1) meter in diameter can only be located on a roof or in the back yard of a residence. 2. Number of Facilities Per Lot No more than one (1) Satellite Receive Only Antenna less than one (1) meter in diameter is permitted on each lot. 3. Heiv-ht Limitations A Satellite Receive Only Antenna less than one (1) meter in diameter can not extend more than eight (8) feet above the maximum height limitation applicable for the zoning district. 4. Setbacks Satellite Receive Only Antennas less than one (1) meter in diameter are not permitted within any required setback area. Formatted: DocInfo osoS 350307918-3 13 F Article 8 — Special Uses and General Regulations .................................................................... ............................... Schertz Unified Development Code Satellite Antennas Greater Than One Meter in Diameter A Satellite Antenna greater than one (1) meter in diameter is permitted as an accessory use under the following conditions: 1. Nonresidential Zoning Districts Satellite Antennas greater than one (1) meter in diameter is an accessory use permitted by right in nonresidential zoning districts. 2. Residential Zoning Districts Satellite Antennas greater that one (1) meter in diameter are only allowed in residential zoning districts upon the approval of an SUP granted by the BOA. 3. Height Satellite Antennas greater than one (1) meter in diameter shall not exceed ten feet in height above the base of their mount. 4. Location Satellite Antennas greater than one (1) meter in diameter can not be erected in any required setback or in the front of residential structures. 5. Screening Satellite Antennas greater than one (1) meter in diameter that are mounted on the ground shall be screened from view from adjoining properties by solid fencing or evergreen plants to a height of a least six feet (6'). Placement of Antenna Facilities This section does not apply to amateur radio, TV, and satellite receive -only antennas. For the purpose of determining the appropriate locations for the placement of antenna facilities, the City is divided into land use threshold areas that establish different regulations pertaining to height, location, and type of Antenna Facility. These land use thresholds are defined as follows: 1. Full Commercial ( "FC ") Property within the OP, NS, GB, GB -2, M -1, M -2, or non - residential Planned Development zoning districts. 2. Undeveloped Residential ( "UR ") Property within R -1, R -2, R -3, R -4, GH, R -6, R -7, R -A, MHS, MHP or any residentially zoned PDD, that: Formatted: Docmfo osoS 350307918-3 14 Article 8 — Special Uses and General Regulations Schertz Unified Development Code a. is not a part of a recorded subdivision; or b. is a part of a recorded subdivision but has not had a building permit issued for a residential structure and is not located within the calculated limits of the Developed Residential ( "DR ") threshold. Wireless Corridors ( "WC ") Property within, and 150 feet either side of, the right -of -way of a freeway or a principal arterial roadway, as indicated on the Master Thoroughfare Plan. 4. Developed Residential ( "DR ") Property within the R -1, R -2, R -3, R 4, GH, R -6, R -7, R -A, MHS, MHP, or any residentially zoned PDD, which a. Is a recorded subdivision that has had at least one building permit for a residential structure; or b. Is within 600 feet of areas_ described in paragraph 4.a. H. Antenna Facility Impact Levels For the purpose of determining appropriate locations for Antenna Facilities, the City recognizes differing levels of impact for antenna facilities depending upon physical locations aesthetics, and land use compatibility. These Antenna Facility impact levels are described as follows: Monopole A monopole tower requires an SUP. The antenna equipment may not extend more than five feet (5') above the highest point on the monopole. 2. Level 4 Stealth Facility The antenna on a Level 4 Stealth facility is located on an existing structure (other than a telecommunications tower) including, but not limited to, a building, water tower, utility tower, steeple, or light pole. The antenna is neither screened nor hidden. For the purpose of this level, a pole or tower may be reconstructed to structurally hold the antenna but the height of the structure can not be increased. Level 3 Stealth Facility The antenna on a Level 3 stealth facility is located on an existing structure (other than a telecommunications tower) including, but not limited to, a Formatted: DocInfo .0305 350307918-3 _ _.15 Article 8 — Special Uses and General Regulations Schertz Unified Development Code building, water tower, utility tower, steeple, or light pole. The antenna shall be aesthetically painted, constructed, or applied with material so that it is incorporated into the pattern, style, and material of the structure to effectively render the antenna unnoticeable. A new structure may be constructed to hold or house the antenna or equipment; however, the structure must be consistent with the overall architectural features of the primary buildings 4. Level 2 Stealth Facility The antenna on a Level 2 stealth facility is attached to the structure in such a manner that if it is seen it appears unrecognizable as an antenna, and the structure in which or on which the antenna is attached is an integral part of an overall development. Level 1 Stealth Facility The antenna on a Level 1 stealth facility is attached to the structure in such a manner that the antenna is completely unseen and the structure in which or on which the antenna is attached is an integral part of an overall development. Antenna Facility Siting Matrix Antenna facilities shall be located in accordance with the following siting matrix. This matrix provides for ,areas where antenna facilities may be located as permitted uses, areas where they may be located with an SUP, and areas where Formatted: DocInfo .0305 350307918-3 _ _.16 Article 8 — Special Uses and General Regulations .................................................................... ............................... Schertz Unified Development Code Permitted Requires Prohibited Use an SUP Monopole over 120 ft. Monopole up to 120 ft. Level 4 Stealth Facility Level 3 Stealth Facility Level 2 Stealth Facility Level 1 Stealth Facility J. SUP FC UR WC DR When an SUP is required by this section for the location of an Antenna Facility or an antenna, the ,applicant must submit an application in accordance with the procedure established in this UDC. SUPs to this section are granted by the City Council, upon recommendation of the Planning and Zoning Commission in accordance with section 21.5.11 of this UDC. In order to properly evaluate an application to locate an Antenna Facility or an antenna that requires an SUP, the applicant must provide the following information: a. an SUP application and appropriate application fee; b. a narrative detailing the proposed Antenna Facility. The narrative must indicate the following: i. whether the proposed structure is a co- location, a new monopole tower or a new alternate mounting structure; it. the height of the proposed tower, Formatted: DocInfo .0305 7818.3` 918-3 _ _.17 Article 8 — Special Uses and General Regulations .................................................................... ............................... Schertz Unified Development Code iii. why the Antenna Facility is necessary at the proposed location; iv. the name(s) of the telecommunications providers or other users of the antenna or tower and describe the use to be made by each user; v vi. vii. viii. ix. whether the applicant has made an effort to co- locate the facilities proposed for this Antenna Facility on existing antenna facilities in the same general area, identifying the location of these existing sites, and describe in detail these efforts and explain in detail why these existing sites were not feasible; all studies or tests performed which demonstrate why the existing sites will not provide sufficient signal coverage; written documentation from existing sites' owners and/or operators which confirm the statements provided; whether the existing sites allow/ promote co- location and, if not, describe why not; whether co- location will be allowed to other telecommunications providers at the requested site. If they are not allowed, state every reason and the basis of each ison; and state or federal agency approval letters. Site Plan of the proposed Antenna Facility at a scale of The Site Plan should be on a single 24" X 36" sheet and iurvey and legal description of the proposed Antenna cility; letail on how access to the site is to be achieved; iii. a plan view layout of the proposed Antenna Facility clearly showing: (a) the location of the facility; (b) all equipment and structures in the proposed Antenna Facility; (c) the required off street parking space; Formatted: DocInfo Article 8 — Special Uses and General Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code (d) distances to property lines; (e) required setbacks; (f) adjacent land uses and zoning designations; (g) existing structures on the site; (h) required landscaping or screening of the base of the tower; (i) all recorded and proposed easements; and 0) natural features, such as water courses and trees. d. Elevation drawings showing: i. the design and height of the proposed Antenna Facility; ii. detailed drawings of all structures and equipment; and III. screening e. If the requested location is in a 'residential district the applicant must provide evidence that they have made an effort to locate the facility in a nonresidential district, identify the location of these nonresidential district sites, describe in detail these efforts, and explain in detail why these nonresidential sites were not feasible. Attach all studies or tests performed which demonstrate why the nonresidential sites will not provide sufficient signal coverage. f. The applicant must provide a map showing the proposed provider's current coverage area for the City. The map must show the roadway network and be labeled. The applicant must also provide propagation analysis showing the areas the proposed provider's existing antenna currently covers, the areas the applicant's existing sites and the requested site would cover. The propagation analysis must be labeled and have a legend. g. The applicant must describe the applicant's master antenna facilities plan for the City. Attach maps and other related documentation. Provide information indicating each phase of the plan. 2. Consideration of Application In considering whether to grant an SUP, the City Council and Planning and Zoning Commission shall consider the following: Formatted: DocInfo .0305 350307918-3 _ _.19 Article 8 — Special Uses and General Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code a. the appropriateness of the location and design of the Antenna Facility; b. the potential for interference with the enjoyment of the use surrounding properties; C. aesthetics; d. impact, including but not limited to, the surrounding topography, surrounding tree coverage and foliage; e. proposed buffering; f. the design of the Antenna Facility, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; g. the proposed height of the Antenna Facility relative to surrounding structures; h. the zoning district and the adjoining zoning districts of the property for which the SUP; is sought; i. the compliance with the City's regulations; and j. the availability of suitable alternative sites. Suitable alternative site(s) shall mean a location or locations that would provide the same or better signal coverage than the proposed site for which an SUP is requested. The applicant shall provide documentation supporting his/her contention that alternative site(s) are not suitable of an SUP for consideration of an application for an SUP requested n shall be in accordance with section 21.5.11 of this UDC. K. Written Denial of an application for an SUP under this section must be documented in writing in accordance with the requirements of the Telecommunications Act of 1996 as amended. Sec. 21.8.7 Temnorary Structures A. A temporary structure may not be brought on -site until a building permit for the construction or refurbishing of the permanent structure has been issued by the Formatted: DocInfo .0305 7818.3` 918-3 _ _.20 Article 8 — Special Uses and General Regulations Schertz Unified Development Code Director of Development Services or his/her designee. All temporary manufactured structures shall be required to comply with the following. Time Limit Permits issued for temporary manufactured structures shall be valid for two (2) years or when the permanent structure is completed and occupied, whichever is sooner. Any further extension shall require City Council approval. Dimensions Minimum dimensional requirements for temporary uses or structures shall be those established in the district in which the temporary use or structure is located. Parking Minimum parking requirements for temporary manufactured structures shall be the number according to the proposed use for the building. 4. Temporary trailers located in non-residential districts are prohibited in designated parking spaces': B. Temporary Construction Buildings: Temporary building and material storage areas to be used for construction purposes may be permitted for a specified period of time in accordance with a permit issued by the Director of Development Services or his/her designee for cause shown. Upon completion or abandonment of construction or expiration of permit, such field offices and buildings shall be removed at the direction of the Director of Development Services or his/her designee. Temporary portable storage facilities /containers are permitted in residential districts not to exceed sixty (60) days per calendar year. Such storage facilities /containers located in the front yard of residentially zoned property shall be placed on a permanent surface of concrete such as the driveway. Sec. 21.8.8 Decks Attached to A. Decks constructed of wood or composite (faux) wood and that are uncovered and open to the sky may extend into the rear yard with a minimum setback from the property line of ten feet (10') and shall comply with the minimum side yard setback established by the zoning district. Decks shall not encroach an easement. Decks that are covered shall be attached to the principal structure and shall comply with the rear and side yard setbacks established by the zoning districts. Formatted: DocInfo .0305 7818.3` 918-3 _.2.1 Article 8 — Special Uses and General Regulations Schertz Unified Development Code Sec. 21.8.9 Outdoor Disnlav and A. Outdoor display and temporary outdoor storage shall be allowed in Non- residential Districts in accordance with this section. Any merchandise, material or equipment situated outdoors in Non - residential Districts shall be subject to the requirements of this section. For the purpose of this section, outdoor storage and display shall be classified into two (2) categories enumerated as shown below. Table 21.8.9 Permitted Outdoor Display and Storage Category OP NS GB and GB -2, M -1 PUB and M -2 Outdoor Display and Temporary Outdoor P P P Storage General Outdoor Storage - - P (P) = Use is permitted in district indicated ( -) = Use is prohibited in district indicated B. Categories of outdoor storage and Outdoor Display and Outdoor display and tempo actively for sale or lease that easily moved without a mech, storage are displays of items ght and that individually can be device. Outdoor display and temporary outdoor storage of goods in individual packaging and not in storage containers which are associated with the primary business on the site may be allowed adjacent to a front principal building wall and may not extend into the public right -of -way. Such storage shall not be permitted to block windows, entrances or exits, and shall not impair the ability of pedestrians to use the building. Areas intended for outdoor display must be paved and painted to distinguish them from required off - street parking areas. No outdoor displays shall be allowed in off - street parking areas or fire lanes. General Outdoor Storage a. General outdoor storage consists of all remaining forms of outdoor storage not classified as outdoor display including items of a large size, mass or volume and that are not easily moved or carried such as used tires, railroad ties, discarded inventory, storage pallets, shipping containers, temporary portable storage facilities /containers and semi trailers not attached to a truck. Formatted: DocInfo .0305 7818.3` 918-3 _ _.22 C. Article 8 — Special Uses and General Regulations Schertz Unified Development Code b. General outdoor storage is prohibited within the public right -of- way or fire lane. C. General outdoor storage shall not be allowed in off - street parking spaces. d. General outdoor storage items shall not exceed a maximum of twenty feet (20') in height. e. General outdoor storage items shall be completely enclosed or shall be moved to the rear of the structure, but in no event shall general outdoor storage items be visible from public right -of -way. Outdoor Display and Storage Requirements a. All outdoor display and storage areas must be clearly shown on the Site Plan submitted for the property. b. Unless specifically authorized elsewhere in the City's ordinances, all outdoor display and storage areas shall be located outside the public right -of -way: 4. Exceptions a. Vehicles for sale as part of a_properly permitted vehicle sales use (including boats and manufactured housing) shall not be considered merchandise, material or equipment subject to the restrictions of this section. :s must be located and displayed on a paved vehicle clearly indicated on the Site Plan. s, open air markets, farmer's markets with a permanent of Occupancy for such use are not subject to the of this section. Limited Non - Conforming Use Outdoor displays or outdoor storage (temporary or general) described in subsection 21.8.9.B located on a site on April 30, 2010; in compliance with the provisions of this UDC as in effect on April 12, 2010; and in good working order and actively being used for its intended display or storage purpose on April 30, 2010 may remain in the same location on such site, notwithstanding the provisions of subsection 21.8.9.B until the earliest to occur of the following: Formatted: DocInfo osoS 350307918-3 23 Article 8 — Special Uses and General Regulations Schertz Unified Development Code a. the removal of such display or storage from its precise location on April 30,2010; or b. the failure of the property owner or lessee or the owner of such display or storage to operate or use such display or storage in the manner intended and in effect on April 30, 2010 for a period of three (3) consecutive business days; or C. the reduction in height of any such display or storage that would be governed by subsection 21.8.9.B.2.d to less than twenty feet (20'); or d. the destruction or damage of such display or storage to the extent of 25% or more of its area or value; or e. December 31, 2013. During such period, the property owner or lessee or the owner of such display or storage may perforfn minor repair or maintenance of such display or storage and may replace any unit of such display offered for sale or lease that is sold or leased with a like unit offered for sale or lease but shall not substitute other types of items for sale or lease in such display, and shall not replace, enlarge or substitute storage facilities or storage areas that do not comply with subsection 21.8.9.13. In all events, none of such displays or storage shall be in a condition of disrepair or non- operation. Storage Outdoor 'displays and outdoor storage not described in subsection 21.8.9.C.I shall be in compliance with the provisions of subsection 21.8.9.13 on and after May 1, 2010. Outdoor displays and outdoor storage described in subsection 21.8.9.C.I shall be discontinued within thirty (30) days after the earliest to occur of the condition described in subsection 2.1.8.9.C. La— e. End of Article 8 Formatted: DocInfo osoS 7818.3` r 24 Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code Article 9 Site Design Standards Sec. 21.9.1 General Design Standards A. Conformity with Comprehensive Land Plan All subdivisions shall conform to the Comprehensive Land Plan for orderly and unified development of streets, utilities, neighborhood design, and public land and facilities, as well as other provisions of this UDC and other applicable ordinances, codes and regulations. Standards and design criteria contained, herein and in the Public Works Specifications Manual represent minimum values considered necessary for the health, safety and welfare of the community. The design engineer and developer are required to meet or exceed the requirements of these standards by providing a more conservative design criteria. However, they shall not permit their design to fall below the standards of this UDC. Where there is a conflict between the regulations contained within this Article and regulations or standards contained within any other ordinance, code or regulation of the City, the more restrictive regulation shall apply. Approval of plans and specifications by the City shall not be construed as relieving the design engineer /developer of responsibility for compliance with this UDC, nor with any other local, county or state authority having jurisdiction. B. Achieving Desirable Nei Residential subdivisions shall be designed to take advantage of the principles and general designs for neighborhood development as established by the Comprehensive Land Plan and the Planning and Zoning Commission in order to achieve the most advantageous development of the entire neighborhood unit in which the subdivision is located. Provision for Future Subdivisi ivisions shall be so arranged as to allow logical further subdivision and of future streets and shall coordinate with adjoining existing and/or future D. Standards for Site Improvements All streets, alleys, sidewalks, utility installations and other site improvements required to be installed by the subdivider under the provisions of these regulations shall conform to the requirements of this Article and to the Public Works Specifications Manual or other approved agencies responsible for design, construction methods and standards, payments, refunds, credits and other financial arrangements. Formatted: DocInfo Article 9 — Site Design Standards ...................................................................................................................................................................................................................................... ............................... Schertz Unified Development Code Sec. 21.9.2 Blocks A. The length, width and shape of blocks will be determined with due regard to: I. provisions of adequate building sites suitable to the special needs of the type of use contemplated (note that the Planning and Zoning Commission may require that the block and lot size bear reasonable relation to the planned use of the land); 2. zoning requirements as to lot sizes and dimensions; and 3. need for convenient access, circulation, control and safety of street traffic. B. In general, intersecting streets shall be used to determine the block lengths and widths, and shall be provided at such intervals as to serve cross traffic adequately, and to meet existing streets or customary subdivision practices. C. A waiver to the standards of this section may be allowed in cases where physical barriers, property ownership or adjacent existing subdivisions create conditions where it is appropriate. The length may be increased or decreased to meet the existing conditions having due regard for connecting streets, circulation of traffic and public safety. D. In general, block lengths along minor or secondary streets shall not exceed 1,400 feet or be less than 500 feet, and along major streets shall not exceed 1,800 feet or be less than 900 feet. Sec. 21.9.3 A. Lot sizes and dimensions shall conform to the minimum requirements of the appropriate zoning district. The lot area shall be computed including all easements. Changes in the required lot sizes and dimensions may only be allowed through rezoning or through the granting of a variance by the BOA. No lot shall be approved which does not meet the minimum requirements of the appropriate zoning district. B. In residential subdivisions not served by public sewer, the Planning and Zoning Commission shall require the developer to cause a percolation test to be made. In no case will the lot size in such subdivision be less than one -half acre (21,780 square feet). This is the responsibility of the County Health Inspector. C. Depth and width of properties laid out for commercial or industrial purposes shall be adequate to provide for the off - street service and parking facilities required by the type of use and development contemplated. D. Corner lots shall have sufficient width to permit the required building setback and proper orientation to both streets. Lots abutting crosswalks shall be treated as corner lots. 2 Formatted: DocInfo Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code E. Where a residential lot backs up to a railroad right -of -way, high pressure gas line, industrial area or any other land use which may have a dangerous effect on residential property, and where no marginal access street or other street is provided at the rear of such lot, an additional depth of twenty -five feet (25') shall be required. Where a lot sides to any of the above, an additional width of fifteen feet (15') shall be required. A planting screen or non - access easement of at least ten feet (10') shall be provided along the line of lots abutting a railroad right -of- way, high pressure gas line, industrial area or any other land use which may have a dangerous effect on residential property. F. Residential lots located on a cul -de -sac shall be at least fifty feet (50') wide at the building line. G. Residential lots shall be oriented to take advantage of topography; the best relationship to the overall design of the neighborhood; and to miniulize_the effects of any surrounding depreciating land uses. H. There shall be no residential lots facing directly upon a major street. All side lines of lots shall be pf curved street lines except where and lot layout. Every lot shall be provided with adegi: frontage on such street, or by public and Zoning Commission. Rear and/or be prohibited. straight street lines and radial to s rule will provide a better street ss to a public street, either by direct . asement approved by the Planning veway access to major streets shall K. Minimum front and side building setback lines at streets and crosswalks shall be shown on all plats and shall conform to the restrictions, if any, imposed on the subdivision by the subdivider, but in no event shall such setback lines be less than those required by the applicable zoning district. The front line setback shall be treasured from the point where the public right -of -way ends to the front face to the building, covered porch, covered terrace or attached accessory building. Sec. 21.9.4 Lot Markers A. Permanent 'Survev Reference Monuments Concrete monuments shall be placed at all block corners, angle points, points of curve, and all corners of boundary lines of the subdivision. A monument shall be made of an iron stake one -half inch (1/2 ") in diameter and twenty -four inches (24 ") long centered in concrete a minimum of six inches (6 ") in diameter and twelve inches (12 ") long. The iron stake should be left one -half inch (1/2 ") above the concrete with a surveyors' aluminum or plastic cap, stamped with the surveyors' registered number or firm. Monuments shall be identified on the plat with elevation and the elevation shall be stamped on top of the monument. Formatted: DocInfo osoS 7818.3` rho y 3 Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code B. Other Markers All other survey markers, such as lot corners, shall have an iron stake one -half inch (1/2 ") in diameter and twenty -four inches (24 ") long and shall be placed flush with the ground, or below ground, if necessary, in order to avoid being disturbed. C. Benchmarks A minimum of two (2) benchmarks shall be established in each subdivision. Benchmarks shall be established on iron rods embedded in concrete monuments six inches (6 ") in diameter and set in the ground to a depth of three feet (3') and set to U.S. National Geodetic Survey datum. Using tops of manholes as a benchmark is not acceptable. D. Monument Placement and Verification Monuments and lot markers shall be set immediately alter completion of utility installations and street construction. Prior to acceptance of subdivision improvements by the City, the developer's surveyor or engineer shall certify that all monuments, benchmarks and markers are in place and correctly positioned. Sec. 21.9.5 Exterior Construction ai A. Intent It is criteria to provide guidelines for new construction cally pleasing appearance as well as ensure sound B. Applicability The provisions of this section are deemed to be minimum standards and shall be applicable to all new buildings within the corporate limits of the City. C. Multifamily and Nonresidential Exterior Material Requirements 1. At least thirty percent (30 %) of the front fagade shall provide, on the ground level floor, windows and doors that allow for visibility into the commercial building or store. Industrial buildings located within the M -1 and M -2 zoning districts may have fifteen percent (15 %) of the front fagade as windows and doors. 2. All structures shall have a front fagade constructed of a minimum of one- hundred percent (100 %) masonry, excluding doors and windows. All other fagades shall be constructed of a minimum of seventy -five percent (75 %) masonry, excluding doors and windows. Formatted: DocInfo osoS 7818.3` rho y 4 E03 Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code Masonry material shall be defined as that form of exterior construction material consisting of brick, stone, stucco, cemetatious fiberboard, split face concrete masonry units, concrete with an aggregate finish and faux stone or brick. Multifamily and Nonresidential Fagade Articulation The structure shall include articulation in the walls and roof design. Single, uninterrupted surface planes shall be prohibited. The roof of the structure may be a flat roof construction, but shall provide a variation of the roofline, which may include a pitched roof for architectural relief. Horizontal Articulation No building wall shall extend for a distance equal to two (2) times the wall's height without having an offset of fifteen percent (15%) of the wall's height, and that new plane shall extend for a distance equal to at least twenty -five percent (25 %) of the maximum length of the first plane. Vertical Articulation No horizontal wall shall extend for adistance greater than two (2) times the height of the wall without changing height by a minimum of fifteen percent (15 %) of the wall's height. FaVade Articulations FaVade articulations shall provide for vertical and horizontal screening of air conditioning units and all mechanical equipment located on roof tops. E. Residential Exterior Material Requirements For all new residential buildings excluding multifamily structures, the total exterior surface area of the structure, excluding doors, windows, and roofs shall be constructed of a minimum eighty percent (80 %) masonry. Sec. 21.9.6 Reserved Sec. 21.9.7 Landscaping A. Purpose The purpose of this section is to establish landscaping requirements to enhance the community's ecological, environmental, and beautification efforts as well as its aesthetic qualities. It is the intent of this section to reduce the negative effects of glare, noise, erosion, and sedimentation caused by expanses of impervious and un- vegetated surfaces within the urban environment. It is the intent of this section Formatted: DocInfo 5 Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code to preserve and improve the natural and urban environment by recognizing that the use of landscaping elements can contribute to the processes of air purification, oxygen, regeneration, groundwater recharge, noise abatement, glare and heat, provision of habitats for wildlife, and enhance the overall beauty of the City. B. Enforcement If at any time after the issuance of a Certificate of Occupancy, the approved landscaping is found to be in nonconformance with standards and criteria of this section, notice by the City may be issued to the owner, citing the violation and describing what action is required to comply with this section. The owner, tenant or agent shall have forty -five (45) days after the date of said notice to restore landscaping as required. The City may extend the time of compliance based on weather conditions. If the landscaping is not restored within the allotted time, such person shall be in violation of this UDC. C. Installation and Maintenance Prior to issuance of a Certificate of Occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan approved as part of the site plan which shall include sod in full front and rear yards, except for landscape beds and gardens. On property containing a minimum of one -half (1/2) acre or greater, sod in front and rear yards shall he planted adjacent to the slab for a distance of fifty feet (50') and for a distance of twenty feet (20') in side yards. The property owner shall be responsible for the maintenance of all landscape areas. The areas shall be maintained so as to present a healthy, neat and orderly annearance at all times. 3. Should any of the plant material used in any landscaping required under this section die, the owner of the property shall have ninety (90) days after notification from the City to obtain and install suitable replacement plant material. Synthetic or artificial lawn or plant material shall not be used to satisfy the requirements of this UDC. 4. In any case in which a Certificate of Occupancy is sought at a season of the year in which the City determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, a Certificate of Occupancy may be issued notwithstanding the fact that the landscaping required by the Landscape Plan has not been completed provided the applicant posts fiscal surety in a form acceptable to the City in the amount of the estimated cost of such landscaping. Such surety shall be conditioned upon the installation of all landscaping required by the Landscape Plan within six (6) months of the date of the application and shall give the City the right to Formatted: DocInfo 6 103 Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code draw upon the surety to complete the said landscaping if the applicant fails to do so. 5. Landscaped areas shall be kept free of trash, litter, weeds, and other material or plants not a part of the landscaping. 6. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. 7. All landscape materials shall be installed according to American Nursery and Landscape Association (AN &LA) standards. S. All landscaped areas shall be irrigated with an approved automatic underground irrigation system unless the landscaped; area has been designed utilizing xeriscaping methods. All irrigation systems shall be designed and sealed in accordance with the Texas Commission on Environmental Quality (TCEQ) and shall be professionally installed. No irrigation shall be required for undisturbed natural areas or undisturbed existing trees. 9. Vegetation other than approved grasses or ground cover under six inches (6 ") in height is prohibited in any City right -of -way unless specifically authorized in writing by the Director of Development Services or his/her designee, after consultation with the Director of Public Works or his/her designee. Trees planted shall be a minimum of two and one -half inches (2.5 ") caliper measured at four feet (4') above ground level at the time of planting. All trees planted to meet the minimum landscaping, mitigation or preservations requirements of this section shall be planted so as to provide for no impervious material within the drip line of the tree. For the purposes of determining the drip line to meet the requirements of this section, the drip line radius shall be measured as being ten (10) times the caliper of the tree. For example, a six inch (6 ") tree will have a sixty inch (60 ") or five foot (5') radius or a ten foot (10') diameter. Tree wells or tree grates may be utilized to meet the requirements of this section. The City may, at its option, require certification by a registered Arborist that adequate space has been provided for pervious cover beneath the drip line of a tree. 3. Shrubs, vines and ground cover planted pursuant to this section should be good, healthy nursery stock. Shrubs shall be a minimum of one - gallon container size at the time of planting. 7 Formatted: DocInfo Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code 4. Grass areas are encouraged to be planted in species normally grown as permanent lawns in the City, including Bermuda, Buffalo Grass, Zoysia, or other drought - tolerant grass. Grass areas may be sodded, plugged, sprigged or seeded, except in swales or other areas subject to erosion which shall require installation of solid sod. 5. New landscaped areas shall be prepared so as to achieve a soil depth of at least six inches (6 "). 6. The use of architectural planters in nonresidential districts may be permitted in fulfillment of landscape requirements subject to approval of the Planning and Zoning Commission at the time of Site Plan approval. 7. Developers and homebuilders are encouraged to use xeriscape plant materials on model homes to promote use of water wise landscaping. S. Landscape planting shall not be erected or installed in such a manner as to interfere with traffic view or impose a safety hazard. 9. Not less than forty percent (40 1/o) of the total required landscaping shall be located in the designated front yard. E. Landscape Installation Required ` 1. A minimum of twenty percent (20 %) of the total land area of any proposed multifamily or nonresidential development shall be landscaped and shall be comprised of trees, shrubs, sod or other ground cover. In the event of the construction of a_phased development, the minimum twenty percent (20%) requirement shall apply to each phase as it is developed. 2. All properties shall provide shade trees at a ratio of nine (9) trees per acre (43,560 square feet) of gross lot area. Industrial property shall provide shade trees at a ratio of nine (9) trees per acre, calculated at sixty percent (60 %) of the gross lot area or by exclusion of the main enclosure structure ground floor area from the gross lot area, whichever is less. Existing trees may be counted toward meeting the requirements of this section. a.'' Every single family residential lot shall provide a minimum of three (3) shade trees which shall include a minimum of one (1) tree in the front yard and one (1) tree in the rear yard. b. Any property that is unable to satisfy the tree requirements of this section shall be required to pay tree mitigation fees in accordance with section 21.9.9 of this UDC. The use of native and adapted, drought tolerant plants is encouraged to meet the requirements of this section. Formatted: DocInfo Article 9 — Site Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code 4. Artificial plants or turf shall not be counted towards meeting the requirements of this section. F. Landscape Plan Required A landscape plan shall be submitted to the City for approval. The landscape plan may be submitted as a part of the site plan. The landscape plan shall contain the following information: 1. location of all existing trees with indication as to those to be preserved; 2. location of all plants and landscaping material to be used including paving, benches, screens, fountains, statues, or other landscaping features; 3. species of all plant material to be used; 4. size of all plant material to be used; 5. spacing of plant material where appropriate; 6. type of watering system and location of watering source, irrigation, sprinkler, or water system, including placement of water sources; 7. description of maintenance provisions of the landscaping plan; and S. persons responsible for the preparation of the landscape plan. 3t 0 Buffer Requirements In addition to any screening requirements of section 21.9.8, a nonresidential or multifamily use adjacent to a residential use or residentially zoned property shall provide a minimum twenty foot (20') landscape buffer adjacent to the property line of the residential use or residentially zoned property. A minimum of one (1) shade tree shall be planted for each thirty linear feet (30') of landscape buffer. A Ininimum of ten (10) shrubs shall be planted for each fifty linear feet (50') of landscape buffer. ' All other areas within the landscape buffer shall be covered with grass or another solid vegetative cover approved at the time of Site Plan H. Parking Area Landscaping Parking lots, vehicular use areas and parked vehicles are to be effectively screened from the public view and adjacent property. Both the interior and perimeter of such areas shall be landscaped in accordance with the following criteria. Areas used for parking or vehicle storage that are under, on or within buildings are exempt from these standards. Formatted: DocInfo 9 Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code Interior Landscaping A minimum of ten percent (10 %) of the gross parking areas shall be devoted to living landscaping which includes grass, ground covers, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking and/or driveway and sidewalks. The following additional criteria shall apply to the interior of parking lots. a. Interior landscape areas shall be protected from vehicular encroachment of overhang through appropriate wheel stops or curbs. b. There shall be a minimum of one (1) shade tree planted for each 400 square feet or fraction thereof of required ulterior landscape area. C. Interior areas of parking lots shall contain planting islands located so as to best relieve the expanse of paving. Planter islands must be located no further apart than every twelve (12) parking spaces and at the terminus of all rows of parking. Such islands shall be a minimum of 200 square feet or ten feet (10') by twenty feet (20') in size. d. Planter islands shall contain a combination of trees, shrubs, lawn, ground cover and other' appropriate materials provided such landscaping does not cause visual interference within the parking All parking lots and vehicular use areas shall be screened from all abutting properties with a wall, fence, hedge, berm or other durable landscape barrier. All parking lots and vehicular use areas shall be screened from all abutting public rights -of -way with a wall, berm or combination of hedge and berm.' Any living barrier shall be established in a minimum five foot (5') planting strip. Plants and materials used in living barriers shall be at least thirty inches (30 ") high at the time of planting and shall be of a type and species that will attain a minimum height of three feet (3') one (1) year after planting. Any landscape barrier not containing live plants or trees shall be a minimum of three feet (3') high at time of installation. Perimeter landscaping shall be designed to screen off - street parking lots and other vehicular use areas from public rights -of -way and adjacent residential properties. a. Whenever an off - street parking or vehicular use area abuts a public right -of -way, except a public alley, a perimeter landscape area of at least fifteen feet (15') in depth shall be maintained between the abutting right -of -way and the off - street parking or vehicular area. 10 Formatted: DocInfo Article 9 — Site Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code An appropriate landscape screen or barrier shall be installed in this area and the remaining area shall be landscaped with at least grass or other ground cover. Necessary access ways from the public right -of -way shall be permitted through all such landscaping. b. Whenever an off - street parking or vehicular use area abuts an adjacent residential property line, a perimeter landscape area of at least ten feet (10') in width shall be maintained between the edge of the parking area and the adjacent property line. Access ways between lots may be permitted through all perimeter landscape areas. Landscaping shall be designed to visually screen the parking area. Whenever such property is zoned or used for single family residential purposes, a landscape buffer shall include a masonry wall and hedge, or berm which shall be a minimum of three feet (3') in height and a maximum of eight feet (8') in height. C. Perimeter landscape areas shall contain at least one (1) shade tree for each fifty linear feet (50'), or fraction_ thereof, of perimeter area. Approved Landscaping Plant List 1. Approved Trees Table 21.9.7A Approved Common Name = _ -- Scientific Name American elm Ulmus Americana Ana ua Ehretia anacua Arizona cypress Cu ressus arizonica Bald cypress Taxodium distichum Bi tooth maple Acer grandidentatum Black walnut Ju lans ni ra Bur oak Quercus macrocar a Canb 's_oak Quercus canb i Carolina basswood Tilia caroliana Cedar elm Ulmus crassifolia Chinka in or Chinquapin oak Quercus muhlenber ii Chisos red, Graves Quercus gravesii Durand oak Quercus durandii Fragrant ash Fraxinuscuspidate Green ash Fraxinus Pennsylvania Lacey oak Quercus glaucoides Little, Texas walnut Ju lans microcarpa Mexican live or Monterrey oak Quercus polymorpha Mexicansycamore Platanus mexicana Nuttall Oak Quercus nuttallii Formatted: DocInfo Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code Table • • Approved Common Name Scientific Name Pecan Ca rya illinoensis Red oak Quercus texana Shin oak Quercus mohriana Southern live oak Quercus vir iniana Texas ash Fraxinus texansis Texas red oak Quercus buckle i (texana) Texas sycamore Platanus occidentalis Vasey oak Quercus pungens var.vase ana Table • Approved Ornamental, Common Name Palm Trees Scientific Name Aleppo pine Pinus hale ensi Anacacho orchid tree Bauhinia con esta Bradford Pear P rus calleryana California fan (exotic) Washin tonic filifera Carolina buckthorn Rhamnus caroliniana Condalia, brazil Condalia hookeri Crepe myrtle, etc. (exotic) Lagerstroemia indica, fauriei, and Y's Desert willow Chilo ss linearis Dwarf Palmetto Sabel minor Eastern red cedar Juni eras vir iniana Escarpment live oak Quercus fusiformis Evergreen Surnac Rhus virens Flalneleaf sumac thus lanceolata Goldenball leadtree Leaucaena retusa Lavender tree Vitex a nus- castus Mediterranean fan palm (exotic) Chamaero s humilius Mexican buckeye Un nadia s eciosa Mexican Palmetto, sable Sabal mexicana Mexican pinyon pine, Remote pine Pinus cembroides Mexican redbud Cercis renifonnis Mountain laurel or mescal bean So hora secundiflora Possum -haw holly Ilex deciduas Rusty blackhaw Viburnum rufidulum Texas Crabapple Mollis texana Texas or Oklahoma redbud Cercis canadensis var. texensis Texas Palmetto, sable Sabal texana Texas persimmon Diospyrus texana Texas Pistache Pistacia texana Texas so hora or Eve's So hora affinis .0305 350307918-3 _ _.12 Formatted: DocInfo Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code Table • i Approved Common Name Scientific Name Necklace Berberis (Mahonia) trifoliata Wild olive, Mexican wild olive Cordia boissieri Yau on holly Ilex vomitoria Approved Shrubs, Vines, Perennials and Ground Cover Table 21.9.7C Approved Common Name • Cover Scientific Name A arita, A arito Berberis (Mahonia) trifoliata Agarita, Tx. Barberry Berberis spp. Althea, Rose -of- Sharon Hibiscus syriacus American Beauty Callicarpu americana Artemesia Artemesia s Asian Jasmine Trachelos ermum_asiaticum Asparagus Fern Asparagus s ren eri Aster Aster s Autumn Sae Salvia greggii Bird of Paradise Caesal inia gilliesi Blue Sage, Mealy Sae Salvia farenaceae Blue Shrub Sae Salvia ballotaeflora Bottlebrush Callistemon spp Bou ainvilla Bougainvillea Brazilian Sky Flower Duranta re ens Buckley Yucca Yucca constricta Bush Morning-Glory I omea fltulosa Butterfly Bush Buddleia spp. Butterfly Vine Masca nia spp. Orchid Vine Sti ma h llon littorale Cape Honeysuckle Tecoma ca ensis Caroline Jessamine Gelsemium sem ervirens Cat Claw Mimosa, Fragrant Mimosa Mimosa bluncifera Century Plant Agave americans Cigar Plants ' =' Cu hea spp. Columbine A uile is spp. Confederate Jasmine, Star Jasmine Trachelos ermum jasminoides Coppertone Lo uat Eriobot a x "Co ertone" Coral Honeysuckle Lonicera sem ervirens Coral Vine, Rosa -De- Montana, Queens Wreath Anti onon le to us Coralberry S n horica us orbiculatus Dwarf Nandina Nandina domestics "nana" etc. Formatted: DocInfo osoS 350307918-3 13 Article 9 - Site Design Standards ........................................ ............................... Schertz Unified Development Code Table • Approved Shrubs, Common Name Vines, Perennials and Ground Cover Scientific Name Dwarf Yau on Ilex vomitoria nana Elderberry Sambucus Canadensis Evening Primrose Oenothera s eciosa Fern Acacia Acacia hirta Firecracker Plant Russelia e uisetiformis Fireman's Cap, Coral Tree Erythina crista- alli Four -nerve Daisy H menox s sca osa Fro fruit Phyla humilis Ga feather Liatris s Giant Lirio e Lirio e gigantea Golden Shrub Daisy Euryops pecinatus African Bush Daisy Gamole is chirysanthemoides = Guara Gaura spp Hawthorn Crataegus spp. Heartleaf Hibiscus Hibiscus cardio h llus Hibiscus, Texas Star Hibiscus coccineus Hummingbird Bush Anisacanthus s Illinois Bundleflower Desmanthus illinoensis Iris Iris spp Italian Jasmine Jasminium floridum Juniper Juniper spp Lady Banksia Rose Rosa Banksiae Lantana Lantana spp. Lily Turf, Liriope (Std., "Big Blue ") Lirio e muscari vars Lindheimer Senna Cassia lindheimeriana Mexican Bird of Paradise Caesal inia mexicana Mexican Butterfly Weed Ascle ias tuberosa Mexican Flame Vine /Love Vine Senecio confuses Mexican Marigold Ta etes llucida Mexican Oregano Poliomentha lon iflora Mexican Shrimp Plant Justicia suberecta Mist Flower Eu atroium spp. Mondo Grass, Monkey Grass Ohio 0 on 'a onica Mountain Sae Salvia re la Nandina Nandina domestics spp. Narrow -leaf Yucca Yucca a ustifolia Passion Vine Passiflora allatocaerrulea (P. fordtii) Passionflower Passifloria incarnate Pigeonberry Rivina humilis Pink Skullcap Scutelleria spp. Pomegranate (Regular and Puncia granaturn osoS 350307918-3 14 Formatted: DocInfo Article 9 - Site Design Standards ........................................ ............................... Schertz Unified Development Code Table • Approved Shrubs, Common Name Vines, Perennials and Ground Cover Scientific Name Dwarf) Prairie Phlox Phlox spp. Primrose Jasmine Jasminum mesn i Primrose Primrose s Prostrate Rosemary Rosemarinus officinales vars. Purple Coneflower Echinacea purpurea Red Yucca Hes eraloe parviflora Rock Rose Pavonia lasio etala Rosemary Rosemarinus s Salvia Salvia spp. Santolina Santolina s Shrimp Plant Justicia spp. Silk Tassel Garrya ovata lindheimer Softleaf Yucca Yucca pendula Sotol Das lirion spp. Spanish Dagger Yucca treculeana St. John's Wort Hypericurn spp Texas Clematis, Scarlet Leatherflower Clematis texensis_____' Texas Elbow Bush Foresteriera pubeseebs Texas Silverleaf, Sage, Cenizo Leuco h llum frutescens Texas Wisteria Wisteria macrostach a Thompson Yucca Yucca thorn sonic Trumpet Vine,Trum et Creeper Campsis radicans x "Madame Galen' Cap Malvaviscus drummondii Twisted -leaf Yucca Yucca ru icola Verbena Verbena spp. Virginia Creeper Parthenocissus quinquefolia Wax Myrtle - Dwarf, Standard Myrica cerifera White Bush Honeysuckle Lonicera albiflora Winecup Callirhoe involuerata Wisteria, evergreen Wisteria millettia veticulata Witchhazell Hamamelis vir iniana Yarrow `' Achillea millefolium Yew Podocar us macro h llus Yucca Yucca s Approved Ornamental Grasses Table • .7D Approved Ornamental Common Name Scientific Name Bamboo Muhly Muhlenber is dumosa Formatted: DocInfo .0305 350307918-3 _ _.15 Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code Table • Approved Common Name Scientific Name Big Bluestemn Andro o on gerardii Deer Muhly Muhlenber is ri ens Eastern Gama grass Tri sacum dactyloides Gulf Muhly Muhlenber is ca illaris Indian Grass Sor hastrum natums Inland Sea Oats Chasmanthium latifolium Lindheimer Muhly Muhlenber is lindheimer Little Bluestem Schizaach rium sco arium Mexican Feather ass Sti a tenuissima Pine Muhly Muhlenber is dubia Seep Muhly Muhlenber iareverchonii Sideoats grama Bouteloua curti" endula Switch Grass Panicum vir atom Weeping Muhly Muhlenber is dubioides Western Wheat grass Agropyron smithii 4. Approved Turf Grasses Table 21.9.7E Approved Common Name Scientific Name Bennuda grass C nodon dact `lon var. dactylon Buffalo grass Buchloe dact' loides Blue Grama Bouteloua gracilis Zoysia Grass Varieties Zoysia s . Formatted: DocInfo .0305 350307918-3 _ _.16 Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code Undesirable Trees Table 21.9.7F Undesirable Trees Common Name Scientific Name Arizona Ash Fraxinus velut she -Juniper or Mountain Cedar Juni eras ashei Box Elder Acer ne undo Chinaberry tree Melia azedarach L. Chinese Lo uat or Lo uat Eriobotryajaponica Chinese ParasolNarnish Tree Firmiana simplex Chinese Tallow Sa ium sebiferum Golden -Rain Tree Koelrenteria- aniculata Huisache or Sweet Acacia cacia farnesiana = Japanese Plum Prunus salicina = _ Li ustrum or Privet Li ustrum 'a onicum_ Lombardy Popular Po ulus ni ra "italica" Mesquite Proso is glandulosa Mimosa Albiziajulibrissin Mexican Fan Palm Washin tonic Robusta Paper Mulberry Broussonetia papyrifera (L.) L (Her. ex. Vent.) Saltcedar Tamarix ramosissima Ledeb. ,Sugarberry or Hackberry Celtis laevi ata Tree of Heaven [Ailanthus altissima Sec. 21.9.8 A. Fences and Screenin2_in Residential Areas Height a. No fence, screen, or wall shall exceed eight feet (8') in height. No fence, screen, or wall within a required front yard shall exceed four feet (4') in height. Fences constructed in the front yard shall be non - opaque, decorative fences and shall not interfere with the sight visibility triangle as required by this UDC or any other applicable City ordinances, codes or regulations. b. Exceptions: A fence not to exceed six feet (6') in height may be installed in the front yard of property located in a Residential Agricultural (RA) District which is not in a mandatory homeowners' association or within the jurisdiction of a mandatory architectural review committee and which contains a minimum of two (2) acres. .0305 7818.3` 918-3 _ _.17 Formatted: DocInfo Article 9 — Site Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code ii. A fence not to exceed six feet (6') in height may be installed in the front yard of property located in a Residential Agricultural (RA) District which is in a mandatory homeowners' association or within the jurisdiction of a mandatory architectural review committee with the written approval of the homeowners' association or the architectural review committee, which approval must accompany the application for fence permit. iii. Any such fence under this paragraph (d) shall be a non- opaque decorative fence which shall not interfere with the sight visibility triangle as required by this UDC or any other applicable City ordinances. 2. Fence Materials a. Materials Permitted i. Fences may be constructed of pressure treated wood, decorative metal, chain link or similar woven wire mesh, stone, brick, or other materials traditionally used in private fence construction.'' ii. Decorative fences ,shall be constructed of pressure treated woad picket, decorative metal, stone or brick, or a combination thereof. Solid surface area of any decorative fence shall not exceed fifty percent (50 %) of the total b. Prohibited Materials ;round electrical fencing, wire mesh (such as hog wire or wire), and barbed wire are prohibited except on parcels or (1) acre or greater in size in conjunction with the Dent of livestock or farm animals. 3. Fences within Easements Fences within a public easement shall have a gate or removable panel to allow for maintenance access to such easement. The City shall not be responsible for damage to any fence that may occur as a result of maintenance within the easement. Fences located within drainage easements shall be equipped with a bar screen at the bottom to allow for proper drainage flow. B. Fences in Nonresidential and Multifamily Areas 1. Height Formatted: DocInfo Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code No fence, screen, or wall shall exceed eight feet (8') in height. No fence, screen, or wall within a required front yard shall exceed eight feet (8') in height. Fences constructed in the front yard shall be non - opaque and shall not interfere with the sight visibility triangle as required by this UDC or any other applicable City ordinances, codes and regulations. Fence Materials a. Materials Permitted Fences may be constructed of pressure treated' wood, decorative metal, chain link or similar woven wire mesh, stone, brick, or other materials traditionally used in private fence construction. b. Prohibited Materials Above - ground electrical fencing, wire mesh (such as hog wire or chicken wire), screening slats within chain Link fences and barbed wire are prohibited except on parcels or lots one (1) acre or greater in size in conjunction with the containment of livestock or farm animals. Fences Adjacent to Residential Property Where any nonresidential or multifamily use, lot or parcel is adjacent to or separated by only a local street or alley from a lot or parcel that is zoned for single family residential use, the nonresidential or multifamily use shall construct a masonry screening wall a minimum of eight feet (8') in height. The screen shall be located no closer to the street than the property line. Such screening wall shall be maintained in good condition. Any sections of this UDC or any other City ordinances, codes or regulations concerning sight obstructions of intersections shall be applicable to the screen where it is intersected by a right -of -way. Where any nonresidential or multifamily use, lot or parcel is located in such a manner so as to be at a higher elevation than an adjacent lot or parcel that is zoned for single family residential use, the required masonry screening wall shall be constructed on the higher elevation so as to mitigate the adjacent residential property from the impacts of the adjacent use. 4. Screening of Trash Receptacles All trash receptacles shall be screened from public view by a solid screening wall a minimum of eight feet (8') in height and constructed of a masonry material. Gates shall be of solid metal and shall be closed at all times except when loading and unloading. Formatted: DocInfo .0305 350307918-3 _ _.19 Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code Fences within Public Easements Fences within a public easement shall have a gate or removable panel to allow for maintenance access to such easement. The City shall not be responsible for damage to any fence that may occur as a result of maintenance of any utility within the easement. 6. Gates for Vehicular Access Gates designed for vehicular access shall be set back from the property line a minimum of twenty -four feet (24'). -= C. Screening Along Arterial Roadways 1. Requirement Criteria a. Where subdivisions are platted so that the rear or side yards of single - family residential lots are adjacent to a principal or secondary arterial roadway as described in section 21.14.1, or are separated from a principal or secondary arterial roadway by an alley, the developer shall provide, at its sole expense, a minimum eight foot (8') tall masonry screening wall. All screening shall be adjacent to the right-of-way or property line and fully located on the privatetot(s), including columns and decorative features. Any sections of this UDC or any other City ordinances, codes or regulations concerning sight obstructions of intersections shall be applicable to the screen where it is intersected by a right -of -way. b. Parcels or lots one (1) acre or greater in size located in the RA zoning district and used in conjunction with the containment of livestock or farm animals are exempt from the screening wall requirements of this section. Screening alternative form of screening, in -lieu of the masonry wall, may be Lived by the Planning and Zoning Commission with the Preliminary application. Alternatives that may be considered include: a. a living/landscaped screen in conjunction with decorative metal (e.g., wrought iron) fence sections with masonry columns; b. a combination of berms and living /landscaped screening; C. a combination of berms, decorative masonry walls and living/landscaped screening, either with or without a decorative metal or "FenceCrete" type of fence with masonry columns; or Formatted: DocInfo .0305 350307918-3 _ _.20 4. N Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code d. some other creative screening alternative may be approved if it meets the spirit and intent of this section, if it is demonstrated to be long - lasting and generally maintenance -free, and if the Planning and Zoning Commission find it to be in the public interest to approve the alternative screening device. Time Required for Opacity Any required screening device shall be, or shall achieve, at least six feet (6') in height and at least ninety percent (90 %) opacity within three (3) years of initial installation/planting. Maintenance Easement A wall/screening maintenance easement at least five feet (Y) in width shall be dedicated to the home owners association on the private lot side and adjacent to the entire length of the screening wall or device for maintenance and repair of the screening wall. Installation The screening /wall/device shall be installed prior to final acceptance of the subdivision public improvements. All landscape materials, if utilized, shall be installed in accordance with section 21.9.7. Failure to properly install all components of a required screening wall or device within the prescribed time frame shall constitute a violation of this UDC, and shall authorize the Public Works Director to refuse acceptance of the Design All masonry, wrought iron, steel or aluminum screening wall plans and details must be designed and sealed by a licensed professional engineer, and must be approved by the City. Use of chain -link, chicken -wire, hog - wire fencing, and any other material similar in appearance and quality is expressly prohibited for meeting the requirements of this section. of Screening The height of required screening devices, including spans between columns, shall be a minimum of six feet (6') and shall be no more than eight feet (8'). Decorative columns, pilasters, stone caps, sculptural elements, and other similar features may exceed the maximum height by up to two feet (2') for a total maximum height of ten feet (10') for these features. Formatted: DocInfo .0305 350307918-3 _.2.1 Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code Other Easements Screening fences, walls and devices shall not be constructed within any portion of a utility or drainage easement unless specifically authorized by the City and by any other applicable utility provider(s). Sec. 21.9.9 Tree Preservation and A. Purpose and Intent 1. The purpose of this section is to conserve, protect and enhance existing healthy trees and natural landscape. It is recognized that the preservation of existing trees contributes to the overall quality and environment of the City. Trees can and do contribute to the processes of purification, oxygenation, regeneration, groundwater recharge, reduction of pollution and contaminants in aquifers, erosion and dust control, abatement of noise, provision of wildlife habitat and enhancement property values. Indiscriminate clearing or stripping of natural vegetation on any parcel is prohibited. 2. It is hereby declared the intent of the City to encourage the preservation of all trees within the City limits. While the layout of a property with respect to the placement of buildings, parking facilities and other site requirements is at the discretion of the developer of the property, it is the policy of the City to promote site layout and design in a manner which preserves the maximum amount of Protected and Heritage Trees possible. B. Applicability and Exemptions The provisions of this section are applicable to the following: a. all new residential and nonresidential development within the City; b. redevelopment of any residential or nonresidential property within the City that results in an increase in the building footprint or the total destruction and reconstruction; any grading, filling or clearing of land in the City limits; and d. any selective or individual removal of any Protected or Heritage Tree in the City limits. 2. The following definitions shall be applicable to the provisions of this section: a. Protected Trees Formatted: DocInfo .0305 7818.3` 918-3 _ _.22 Article 9 — Site Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code Trees having a DBH (diameter at breast height measured four feet (4') above existing ground level) between eight inches (8 ") and less than twenty -four inches (24 ") are designated as "Protected Trees ". b. Heritage Trees Trees having a DBH greater than or equal to twenty -four inches (24 ") are designated as "Heritage Trees ". C. Damage Damage shall be considered any injury to a tree including, but not limited to: 1. uprooting; ii. severance of the root system or main trunk; iii. storage of topsoil, __construction materials, debris or chemicals within the drip line area; iv. compaction of soil within the drip line area; V. a substantial change in the natural grade above a root system or within the drip line area; vi!:- pruning or removal of more than twenty -five percent (25 %) of the living tissue; or vii. paving with concrete, asphalt or other impervious material within the drip line area. Tree grates or tree wells may be provided to preserve pervious surface within the drip line 'area. 3. The following are exempt from the preservation, mitigation and permitting reuuirements of this section: a. protected Trees located within the area of a proposed on -site sewage facility (OSSF); b. protected Trees located within a right -of -way to be dedicated to and maintained by the City and shown on the City's Master Thoroughfare Plan; C. protected Trees located within any utility easement; d. trees damaged or destroyed by floods, fire, wind or other natural causes; Formatted: DocInfo osoS 350307918-3 23 Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code e. dangerous, diseased, damaged, dead or dying protected or heritage trees as determined by a tree survey and a letter from a certified Texas Arborist; provided, notwithstanding the title of this section, all such trees shall be mitigated one for one by number of trees; and the following exempted tree species: Table •• Exempted Common Name Scientific Name Hackberry Celtis occidentalis Eastern Red Cedar Juniperus vir iniana Common Ashe Juniperis ashei Juniper Chinaberry Melia azedarach Mesquite Proso is spp. Li ustrum I Li ustrum s 4. All Heritage Trees to be removed shall be mitigated for in accordance with the provisions of this section. C. Tree Preservation The existing natural landscape character, especially native oaks, elms, and pecan trees, shall be preserved to the maximum extent reasonable and feasible. Except as otherwise exempted in section 21.9.9.B.3 above, a Tree Removal Permit is required for the removal of any tree with a DBH greater than eight inches (8 "). 1. Protected Trees Any Protected Trees not exempt from preservation in section B.3 above may be removed upon approval of a Tree Removal Permit by the Director of Parks, Recreation and Community Services Any decision of the Director of Parks, Recreation and Community Services regarding a Tree Removal Permit may be appealed to the BOA in accordance with section 21.4.14 of this UDC. Trees Any Heritage Trees to be removed may be removed upon approval of a Tree Removal Permit by the Director of Parks, Recreation and Community Services. Any decision by the Director of Parks, Recreation and Community Services regarding a Tree Removal Permit may be appealed to the BOA in accordance with section 21.4.14 of this UDC. All Heritage Trees shall be required to meet the mitigation requirements of this section. Formatted: DocInfo osoS 350307918-3 24 Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code Minimum Preservation In the development of any site, at least twenty -five percent (25 %) of all trees (including those with a DBH of eight inches (8 ") or less) must be preserved. D. Tree Mitigation Any trees that are removed or damaged as a result of the approval of a Tree Removal Permit shall be mitigated for on the same site as the proposed development. The species of trees planted for mitigation purposes may not include those listed as exempt in section B.3 above nor any of the undesirable trees identified in Table 21.9.7F. All trees planted for mitigation purposes must be a species of shade tree identified in Table 21.9.7A. In the event that mitigation is not feasible on the same site as the proposed development, an applicant may request to donate trees, meeting the mitigation requirements of this section, to be planted at public parks, schools, or other approved public facilities throughout the City or provide a fee -in -lieu of payment which will be used to place trees at public parks, schools, or other approved public facilities throughout the City. Tree mitigation funds may also be utilized to install irrigation, to repair or remove damaged or destroyed trees, to preserve and protect existing Protected and Heritage Trees and to purchase equipment for the preservation or protection of existing trees. Mitigation requirements are: 1. Protected Trees Protected trees shall be mitigated at a one -to -one (1:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of three inches (3, "). 2. Heritage Trees Heritage trees shall be mitigated at a three -to -one (3:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of three inches (3 "). Damaged Trees Any trees that are designated for preservation and are damaged during the construction process or that die within two (2) years of issuance of a certificate of occupancy shall be mitigated for in accordance with section 21.9.9.D.1 and D.2 above. 4. Mitigated Trees Trees planted and counted towards the necessary mitigation requirements that are damaged after planting or that die within two (2) years of issuance Formatted: DocInfo .0305 350307918-3 _ _.25 Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code of a certificate of occupancy shall be mitigated for at a one -to -one (1:1) DBH inch ratio for every tree damaged or that dies. E. Tree Protection Standards I . All trees to be preserved on site shall be protected from damage caused by site excavation or construction in accordance with the following: a. All trees shall be protected by a fence, frame or box constructed around the drip line of the preserved tree. Protection measures may not be removed until construction is complete. b. A minimum of three inches (3 ") of mulch or compost shall be spread beneath the drip line of the preserved tree. C. No person shall excavate any ditches, tunnels, or trenches, place any paving material or place any drive or parking area within the drip line of any Protected or Heritage Tree without prior written approval of the City Manager or his/her designee at the time of Site Plan approval. d. No person shall attach any rope, wire, nails, advertising posters or other contrivance to any Protected or Heritage Tree. 2. The Director of Parks, Recreation and Community Services or his/her designee shall determine the health of oak trees within the City to determine if a tree is threatened by fatal diseases including Oak Wilt. It is further declared that the loss of oak trees growing on private and public property substantially depreciates the value of property within the City and impairs the safety, good order, general welfare and convenience of the public. It is the intent of the City to control and prevent the spread of Oak Wilt. a. If any oak tree is wounded by intentional damage or pruning or as a result of natural causes, the damaged area shall be immediately treated with tree wound dressing. b;'_' All necessary and reasonable efforts shall be given during the permitted removal of any trees to utilize best known practices to prevent the spread of Oak Wilt disease to any other surrounding trees. Tree Preservation Credits — Nonresidential and Multifamily Developments To encourage the preservation of existing Protected or Heritage Trees contained within a proposed development, the following minimum tree preservation credits may be provided. Caliper is the diameter of the tree in inches measured at twelve (12) inches above the ground. 350307918-3 _ _.26 Formatted: DocInfo .0305 Article 9 — Site Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code 1. Protected Trees shall receive a credit against the minimum required landscaping or mitigation standards at a one -to -one (1:1) caliper inch ratio; 2. Heritage Trees shall receive a credit against the minimum required landscaping or mitigation standards at a three -to -one (3:1) caliper inch ratio; or 3. Protected and Heritage Trees located within a required buffer area shall receive a credit against the minimum buffer requirements at a one -to -one (1:1) DBH inch ratio. G. Tree Survey Required Every application for a final plat for residential development or Site Plan for nonresidential and multifamily development shall be accompanied by a tree survey that includes the following information: 1. total number of caliper inches on the site; 2. total number of caliper inches to be removed; and 3. total number of caliper inches to be preserved. H. Tree Removal Permit A tree removal permit is required for the removal of any Protected or Heritage Trees not exempt in section 21.9.9.B.2 above. A tree removal permit shall be submitted with the ,final plat for residential development or Site Plan for nonresidential and multifamily development. The permit must be accompanied by an appropriate application and shall contain a tree preservation plan showing the following: 1< existing /proposed topography; 2. location of property lines, easement, rights of ways, setbacks, parking areas and sidewalks; 3. location, species and size (in DBH) of each Protected and Heritage Tree, except those trees exempted by section 21.9.9.B.2.f above; 4. a tree inventory that summarizes the following: a. total number of caliper inches on the site; b. total number of caliper inches to be removed; C. total number of caliper inches to be preserved; Formatted: DocInfo .0305 350307918-3 _ _.27 Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code d. location of any proposed tree mitigation; and e. any proposed tree preservation credits; and a summary of the tree protection methods to be utilized. Criteria for Tree Removal Permit In order to receive approval of a Tree Removal Permit, the Director of Parks, Recreation and Community Services or the Planning and Zoning Commission, or City Council on appeal, must make certain findings as outlined in this section. The Director of Parks, Recreation and Community Services or the Planning and Zoning Commission, or City Council on appeal, may require submittal of a report from a registered Arborist to verify reasons for removal or to determine alternatives to tree removal. Each application for a tree removal permit shall be reviewed and a decision rendered on approval or denial based on the following criteria: the condition of the tree with respect to disease, danger of falling, proximity to existing or proposed structures, interference with existing or proposed private or public facilities or services or the tree presents a clear public safety hazard because: a. the tree is dead or is physically damaged to the degree that it is clear that it is likely to fall and injure persons or property; tree is located within, or within proximity to, existing or osed public rights -of -way and is causing damage to existing is or private facilities or services or may cause damage to ,osed public or private facilities and such facilities or services tot reasonably be relocated or the damage alleviated; or condition or location of the tree presents a clear public safety yard or the foreseeable danger of property damage to an existing proposed structure and such hazard or danger cannot reasonably alleviated by treatment or pruning; the tree is proposed for removal in order for the property to achieve compliance with other applicable City requirements and standards (i.e. site design or use standards) or is the location for future construction; removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees or windbreaks; or 4. removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies and species diversity of existing trees in the area except that consideration shall be given when alternatives to tree removal 350307918-3 _ _.28 Formatted: DocInfo .0305 Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zoning district. Sec. 21.9.10 Park and Onen SUace Dedication Rea uirements A. Purpose The purpose of this section is to provide for the adequate provision of parkland and open space to meet the needs of a growing City population; for improvements to existing parkland; for establishment, maintenance and operation of a Parkland Dedication Fund; establish requirements and procedures for governing required dedications of parkland or improvements to existing parkland by subdividers of land; and for cash payments -in -lieu of land by subdividers of land in certain cases. It is hereby declared by the City Council that recreational areas in the form of parks and open spaces are necessary and for the public welfare and that the only adequate procedure to provide for parkland and park improvements is by integrating such a requirement into the procedure for planning and developing property or subdivisions in the City, whether such development consists of new residential construction on vacant land or the addition of new dwelling units on existing residential land. It is the policy of the City to require subdividers of residential subdivisions and lots to provide for parkland and park facilities at the time of development approval in proportion to the need for such improvements created by the developments and in proportion to the benefits received from contribution B. Applicability C. The parkland dedication and park development requirements of this section shall be applicable to every residential subdivision developed under the provisions of this UDC, whether such subdivision consists of new residential construction on vacant land or the addition of new dwelling units on existing residential land, within the City limits or the City's ETJ. Prior to submittal of a Subdivision Master Plan or Preliminary Plat, a General Parks Plan shall be submitted and shall contain, at a minimum, the following information: a. location and size of any proposed parks to be dedicated to the public or to be retained as private parkland; b. a statement of the suitability of the parkland in meeting the criteria in subsection H of this section; Formatted: DocInfo .0305 7818.3` 918-3 _ _.29 E03 Article 9 — Site Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code C. a general park development plan including any proposed improvements; and d. a phasing plan. 2. Prior to submittal of a Final Plat, a Detailed Parks Plan shall be submitted and shall contain, at a minimum, the following information: a. location and size of the proposed park; b. a statement of the suitability of the parkland in meeting the criteria in subsection H of this section; and C. a detailed plan of any proposed improvements, including cost. 3. The Director of Parks, Recreation and Community Services shall review the General Parks Plan and make a recommendation to the Planning and Zoning Commission prior to approval of a Subdivision Master Plan or Preliminary Plat. Recommendations should be based upon the Comprehensive Land Plan and/or the Parks and Open Space Master Plan as adopted by the City, and the standards and provisions contained herein regarding the amount and location of park land and fees -in -lieu of park land dedication. 4. All parkland to be dedicated to the City shall meet the suitability requirements of section 21.9.10.H! Land A final plat establishing a residential (including multifamily) subdivision or commercial or manufacturing district either within the City or within the ETJ of the City shall contain the dedication of an area of land for park ;purposes meeting the requirements set out in this section, or a notation signed by the Director of Parks, Recreation and Community Services of receipt of an approved cash payment -in -lieu of land. The subdivider of a residential (including multifamily) subdivision or commercial or manufacturing district shall dedicate to the City developed parkland in the amount as established within the fee schedule adopted by the City Council. A proposed plat submitted for approval must: a. show the location and dimensions of the area proposed to be dedicated for parkland; b. show the number of dwelling units to be located within the proposed residential subdivision (whether single or multi - family units) or LUEs in a commercial or manufacturing district; 350307918-3 30 Formatted: DocInfo osoS Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code C. tell whether all or any part of the property to be dedicated as a park is located in a special flood hazard area, as such areas are defined in this UDC; and d. show the proposed streets and utilities to serve the parcel to be dedicated as parkland. Development of Areas Smaller Than Five (5) Acres The development of park areas smaller than five (5) acres for public park purposes is deemed to be impractical. If fewer than five (5) acres are proposed to be created by a plat, then prior to filing the plat, the subdivider shall be required to pay to the City the applicable cash payment -in -lieu of land. No plat showing a dedication of less than five (5) acres for a public park shall be approved by the Planning and Zoning Commission. While dedication of parkland to the City in an amount less than five (5) acres is deemed impractical, it is the City's policy to encourage the development of private parkland in accordance with subsection I below and provide credit for development of these private parklands accordingly. 3. Dedication Procedures The owner of property for a residential subdivision shall be required at final plat approval to dedicate parkland: Dedication of parkland shall be evidenced by a= formal dedication on the plat to be recorded. The land so dedicated and conveyed shall not be subject to any reservations of record, encumbrances of any kind, or easements, which in the opinion of the City will interfere with or materially increase the cost of making such land available for parks or recreational purposes. 4. Development! of Subdivision in Phases If a subdivision is to be developed in phases and the final platting of the park area to be dedicated is to be included in a future phase, then the subdivider 'shall be required to provide a notation on the plat which acknowledges that dedication of parkland to serve said subdivision will occur with the platting of future phases. Right to Accept /Reject Land If the City determines that sufficient park area is already in the public domain within proximity of the proposed development, or if the recreation needs for the area would be better served by expanding or improving existing parks, the City has the right to accept the dedication or to refuse same and require a cash payment -in -lieu of land. Compliance with Parks and Open Space Master Plan Formatted: DocInfo osoS 350307918-3 31 E. G Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code The City has adopted a Parks and Open Space Master Plan which outlines the necessity for parkland dedication and the types of improvements deemed appropriate for the City. The dedication and development of any parkland and the expenditure of any fees -in -lieu of dedication or development shall be in accordance with the Parks and Open Space Master Plan of the City. Fee -in -Lieu of Land Dedication Requirements Right to Request Waiver of Dedication Requirements A subdivider obligated to make a dedication of land may request the City waive the required dedication of lands in whole or in part, and to accept a cash payment -in -lieu of land dedication.. Any request for a waiver to the land dedication requirements shall be subject to review and recommendation by the Parks and Recreation Advisory Board and final approval by the Planning and Zoning Commission. Required Fee -in -Lieu of Land Dedication Any subdivider who is required to make a cash payment -in -lieu of land dedication or who is granted a waiver in accordance with section 21.9.10.1 above, shall make a cash 'payment-in-lieu of land in accordance with this section. The amount of such =cash payment -in -lieu of land shall be calculated by multiplying the number of dwelling units proposed to be established by the plat times the amount per dwelling unit as established in the fee schedule 'set from time to time by the City Council. A cash payment -in -lieu of land shall be made prior to the recordation of the final plat. Parkland As an alternative to parkland dedication in accordance with section 21.9.10.D and cash -in -lieu of dedication in accordance with section 21.9.10.E, a subdivider and the City (within the sole discretion of the City) may enter into a community facilities agreement or Development Agreement to structure other arrangements for the development of parks and park systems in the City. Such agreements must further the City's overall parkland development goals. Park Development A subdivider who elects to dedicate parkland in accordance with section 21.9.10.D above shall improve all dedicated public parkland with improvements approved by the Parks and Recreation Advisory Board and the City Parks and Recreation Department. Design, specification, and construction of the improvements shall be subject to review and approval by the City. Construction of the improvements must be completed within one (1) year of the approval of the final plat of the subdivision. No final osoS 350307918-3 32 Formatted: DocInfo Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code plat shall be recorded for any subdivision in which completion of the required improvements has not been accepted by the City; however, in the event that a subdivider requests that a final plat be approved prior to completion of the required improvements, surety for construction of improvements may be provided in the same manner as required of other subdivision- and site - related construction. In -lieu of constructing the improvements required in section 21.9.101.1 above, the subdivider may elect to make a cash payment -in -lieu of construction to the City to meet the City's current or future recreational needs. If a developer who has dedicated land in accordance with section 21.9.10.1) above elects to make a fee-in-lieu of payment for park development, the City shall utilize rthose funds for improvement of parkland within the subdivision in which the funds are collected; In the event there are remaining funds after development of said parkland, the City may utilize the remaining funds to complete improvements in any public park within the City. If the subdivider elects to pay fees -in -lieu of = parkland dedication in accordance with section 21.9.10.E above, then the subdivider shall make a cash payment -in -lieu of construction to the City for the required improvements in addition to the fees paid -ir- lieu of dedication. Cash payments made in accordance with this paragraph may be utilized to complete improvements in any public park within the City. 4. Cash payments -in -lieu of required improvements shall be calculated by multiplying the number of dwelling units times the price per dwelling unit as established in the fee schedule set from time to time by the City Parkland Special �ity shall reserve all fee -in -lieu of payments and any accrued interest the fee -in -lieu of parkland dedication or fee -in -lieu of parkland .opment in a separate account from the general funds of the City. fund shall be known as the Parkland Dedication Fund. Deposit /Expenditure of Parkland Dedication Fund The City shall deposit sums collected as cash payments -in -lieu of land and cash payments -in -lieu of improvements in the Parkland Dedication Fund. The City shall expend such funds collected for the acquisition of land or for the improvement of existing parks on a first in, first out basis. Formatted: DocInfo osoS 350307918-3 33 Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code Records and Method of Expenditure The City shall maintain records detailing the receipts and expenditures for the Parkland Dedication Fund. All funds deposited as credit for fee -in -lieu of parkland dedication may be utilized for the acquisition and/or development of parkland within the City. All funds collected as fee -in- lieu of parkland development shall be utilized for the development of parkland in accordance with section 21.9. 101 above. Parkland Design Criteria 1. Location 4. Any land to be dedicated to meet the requirements of this section shall be reasonably located and adaptable for use as parkland and/or recreation facility, consistent with the most recent edition of the Comprehensive Land Plan and/or Parks and Open Space Master Plan as adopted by the City Council. Land Suitability The Parks and Recreation: Advisory Board shall make recommendations to the Planning and Zoning Commission regarding the suitability of proposed park land. The location, access, size, shape, topography, natural drainage, utilities, parking facilities, and wooded areas and other vegetative cover of the parcel or tract of land to be dedicated shall be appropriate for public parks and recreation purposes. All such park land shall be designated and located so as to satisfy the requirements of this section. Usable Land At least fifty percent (50 %) of proposed parkland dedication site shall be level, well drained and suitable for open play. Such land shall be located outside of any one hundred (100) year floodplain or any other special flood zone identified on the most recently approve FEMA FIRM map and shall not exceed five percent (5 %) slope. Access to parkland designated on a subdivision plat shall be provided by the dedication of at least 200 feet of street frontage in a manner satisfactory to the City, preferably at the corner of two (2) intersecting streets. When the land abutting the designated parkland is developed, the subdivider of such abutting land shall furnish and pay for all paving of all abutting street frontage. Formatted: DocInfo osoS 350307918-3 34 Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code 5. Utilities Potable water and wastewater connections shall be readily available at the park site with water and wastewater lines located along the street frontage. The applicant must demonstrate to the satisfaction of the City that sufficient living unit equivalents that are not otherwise committed to other property are available to serve the park within these water and wastewater lines. 6. Drainage Improvements Any detention ponds and/or other drainage facilities to be constructed in areas that are to be dedicated as parkland must be designed and constructed to also allow for recreational use. The subdivider may be required to demonstrate that the design, placement and construction of such ponds meet the requirements of the City. 7. Floodplain The following standards shall apply to all land proposed for dedication or parkland which is located in a FEMA designated floodplain or other special flood hazard area. a. Amount of Credit b. acre of proposed dedicated parkland located within the lain or other special flood hazard area shall count as one -half acre of land > towards the total parkland dedication i areas will be considered for eligibility as land to be based on the following criteria. The floodplain area is easily accessible and has adequate street frontage. ii. There has been minimal alteration of the natural character of the waterway and the floodplain area. Some improvements are necessary for City access and maintenance. iii. In no case will floodplain areas be accepted which are less than one hundred feet (100') in width. Formatted: DocInfo osoS 350307918-3 35 Article 9 — Site Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code iv. The area's configuration and topography is suitable for the placement of low impact facilities such as playgrounds, picnic facilities and open play fields. S. Disturbed Area Any disturbed parkland shall be restored and the soil stabilized by a vegetative cover by the subdivider. 9. Disclosures Prior to dedication of parkland, the sub of the presence of any hazardous subst. tanks (USTs) of which the subdivider= discretion, may proceed to conduct su( surveys on the land as it may deem apl grant to the City and its agents and eni the land as is necessary to conduct such such surveys and tests indicate a reasol contamination or the presence of US' survey and tests to be performed at the may deem necessary prior to its''accep alternative, the subdivider may be requiv or pay the fees-in-lieu of such parkland 10. Trash and lvider small make full disclosure nces and/or underground storage has knowledge. The City, at its h initial environmental tests and eopriate, and the subdivider shall loyees such reasonable access to surveys and tests. If the results of able possibility of environmental s, the City may require further subdivider's expense as the City ailce of the dedication, or in the -d to identify alternative property The park site shall be free of trash and debris. If the condition of the dedicated' parkland is disturbed during construction of subdivision improvements then the subdivider shall be responsible for returning the dedicated land to its previous condition prior to or at the time of final plat filing. The public improvements to be constructed per the applicable subdivision plat will not be accepted by the City until such time that the above conditions have been met. 11. Areas Not Meeting the Minimum Requirements In' the event that areas proposed for dedication do not meet the grade, slope, or other requirements for parkland dedication found in this section, but are known to contain sensitive environmental features, the City may, at its discretion and after review by the Parks and Recreation Advisory Board, modify the standards of this section subject to the following limitations: a. that such areas shall provide recreational or educational opportunities for the surrounding community in -lieu of parkland dedication; Formatted: DocInfo osoS 350307918-3 36 Article 9 — Site Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code b. that such areas shall be given a partial credit against the requirement of land dedication and/or payment of fees; and C. that such areas shall meet any additional standards deemed necessary by the Planning and Zoning Commission after a recommendation by the Parks and Recreation Advisory Board, pertaining to the dedication of land containing sensitive environmental features. Private Parks 1. Private Parkland Required It is the intent of the City to provide for adequate areas of parkland within every subdivision as deemed practical by the City. All residential subdivisions developed after the effective =date of this UDC_ that do not dedicate land in accordance with Paragraph D above, shall be required to dedicate an area as private parkland or open space. The amount of parkland dedicated and amenities provided shall be approved by the Parks and Recreation Advisory Board. 2. Credit for Private Parkland Up to fifty percent (50 %) in area of a subdivision's total parkland dedication requirement may be satisfied through the dedication of a private park within the subdivision. Up to fifty percent (50 %) of the parkland development fee may be satisfied through the development of a private park within the subdivision. vate Parks The subdivider must submit a condominium declaration, homeowner's agreement or similar document which establishes the private ownership and maintenance responsibility of any private park areas together with a mechanism" for funding the maintenance of the park established to meet the requirements of this section. In addition, a plat note must be included on the preliminary plat and final plat stating the ownership and maintenance responsibility of all private park areas. 4. Requirement of Continued Use A restrictive covenant shall be recorded at the time of the recording of the plat, which covenant shall run with the land subdivided. The covenant shall restrict use of private parks and facilities to park and recreational purposes and must be submitted for approval by the City prior to final plat acceptance. Formatted: DocInfo osoS 350307918-3 37 Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code Security for Performance The City may require financial assurances from the subdivider that the private park will be developed and completed, with assurances that a failure by the subdivider to timely complete the improvements to the park shall result in dedication of the private park to the City and the proceeds of the financial assurances as offered become the property of the City for use in completing the park. Sec. 21.9.11 Lighting and Glare Standards A. Purpose and Intent The purpose of this section is to regulate outdoor lig] prevent light pollution in the City. New lighting to lights that are extremely powerful, and these types of installed so that they create problems of excessive glar, energy use. Excessive glare can be annoying and in Light trespass reduces privacy, degrades the enjoyrr results in higher energy use and increased costs for regulated, and properly installed, ;outdoor lighting will welfare of the residents, and will help preserve the rur the City. B. Applicability ting in order to reduce or ;hnologies have produced lights may be improperly ,alight trespass, and higher ty cause safety problems. -nt of the night sky, and everyone. Appropriately ;ontribute to the safety and 11 and historic character of 1. The regulations contained in this section are applicable only within the corporate limits of the Citv. 2. Compliance with the regulations in this section is strongly encouraged for improvements and developments within the ETJ in order to prevent light pollution and preserve the rural and historic character of the City. All outdoor lighting fixtures installed on private and public property within a new development or redevelopment within the City limits shall be required to comply with this UDC. This UDC does not apply to interior lighting; however, overly bright lighting emitted from a structure will be subject to this UDC if it is determined by the City Manager or his/her designee that it creates a nuisance or a potential safety hazard. 4. All outdoor lighting fixtures existing and legally installed and operating before the effective date of this UDC shall be exempt from this UDC unless they are determined to create a safety hazard. When existing lighting fixtures become inoperable, their replacements are subject to the provisions of this UDC. Modifications to nonconforming lighting fixtures shall also comply with this section. osoS 7818.3` r 38 Formatted: DocInfo Article 9 — Site Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code 6. In the event of a conflict between this section and any other section of this UDC or any other regulation of the City, the more stringent requirements shall apply. C. Exemptions The following are exempt from the provisions of this UDC: 1. publicly maintained traffic control devices; 2. street lights installed prior to the effective date of this UDC; 3. temporary emergency lighting (fire, police, repair crews); 4. lighting fixtures and illumination requirements imposed by TXDOT within TxDOT rights of way (ROW); 5. moving vehicle lights; 6. navigation lights (aircraft warning beacons on water towers and wireless transmission facilities) required by State or Federal law; 7. signs and associated lighting that conform to the sign regulations of this section; S. seasonal decorations with lights it place no longer than sixty (60) days; 9. shorts field liehtine: other temporary uses approved by the City Council (festivals, carnivals, fairs, night -tithe construction); covered porch lighting on residences provided that each external light fixture does not exceed 150 watts; and lights of any output that are controlled by a motion sensor switch I they do not exceed 0.25 footcandle at the property line and do tin illuminated for a duration not to exceed ten to twelve (10 -12) after activation. D. Submittals Applications for all building permits for new construction or redevelopment, including the installation of outdoor lighting fixtures, shall provide proof of compliance with this UDC. The submittal shall contain the following information as part of the Site Plan: 1. plans indicating the location, type, and height of lighting fixtures including both building mounted and ground mounted fixtures; Formatted: Docmfo osoS 350307918-3 39 Article 9 — Site Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code 2. a description of the lighting fixtures, including lamps, poles or other supports and shielding devices, which may be provided as catalog illustrations from the manufacturer; 3. photometric data, which may be furnished by the manufacturer, showing the angle of light emission; 4. detailed site lighting plan illustrating the footcandle power measured throughout the site; and 5. additional information as may be required = by the Planning and Zoning Commission in order to determine compliance with this UDC. E. General Standards The following standards shall apply to all outdoor lighting installed after the effective date of this UDC. 1. Outdoor lighting shall be designed to provide the minimum lighting necessary to ensure adequate safety, night vision, and comfort, and not create or cause excessive, glare onto adjacent properties and public street rights of way. 2. Outdoor lighting must be hooded, shielded, and/or aimed downward at at least a forty-five degree (45 °) angle. 3. The hood or shield must mask the direct horizontal surface of the light source. The light must be aimed so as to ensure that the illumination is only pointing downward onto the ground surface or into the building. No illumination may spill onto adjacent property. 4. Any bright light shining onto an adjacent property or street that would result in a safety hazard is not permitted. Light trespass beyond property boundaries or above the horizontal plane shall be considered non- 5. Existing fixtures may be adapted to comply with this UDC by adding a properly designed hood or shield, or by redirecting any upward mounted fixture downward onto the ground surface, sign, or illuminated structure. 6. All outdoor lighting fixtures shall be designed, located, and maintained to minimize light trespass and all direct illumination shall be kept within the boundaries of the property upon which the light fixture is positioned. 7. When approved, accent lighting shall be directed downward onto the structure or object and not toward the sky or adjacent properties. Direct light emissions shall not be visible above the roofline or beyond the building edge. 350307918-3 40 Formatted: DocInfo osoS Article 9 — Site Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code S. Spotlights on landscaping and foliage shall be limited to 150 watts output. The light shall be shielded and so as not to create a nuisance or safety hazard. 9. Wall lighting attached to exterior buildings and structures shall not be the only source of light for parking lots. 10. Wall lighting shall be hooded or shielded to prevent light trespass beyond the property line. F. Specific Nonresidential Lighting Requirements 1. The maximum allowable intensity of lighting for any nonresidential use shall be 0.25 footcandles measured at the property line adjacent to any residentially zoned area or at the street IOW line when the residentially zoned area is separated by a public street ROW. 2. Light poles shall be placed on the site at a setback equal to their height from all adjacent residential property or street rights -of -way. 3. Lighting facilities used to light signs, parking areas or for other purposes shall be so arranged that the source of light is concealed from adjacent residential properties and does not interfere with traffic. 4. When a light source has elements such as shields, reflectors or refractor panels which direct and cut off the light at a cutoff angle that is less than ninety degrees (90'), the maximum permitted height shall be thirty feet 5. When a light source has a'cutoff angle of ninety degrees (90 °) or greater, the maximum permitted height shall be fifteen feet (15'). Sec. 21.9.12 Site Plan Process A. Purpose and Annlicability 1. This section establishes a Site Plan review process for certain proposed residential, nonresidential, and mixed -use developments. The purpose of Site Plan approval is to: a. ensure compliance with the requirements of this UDC; b. promote better site design; C. integrate projects more effectively into their surrounding environment; Formatted: DocInfo osoS 7818.350307918-3 41 Article 9 — Site Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code d. prevent the impairment or depreciation of property values; e. improve internal vehicular and pedestrian circulation; f. encourage quality and innovative Site Planning techniques; g. project and enhance the overall general public health, safety and welfare; h. ensure efficient and safe land development; i. ensure harmonious use of land; j. ensure compliance with the Comprehensive Land Plan and other appropriate design standards; and k. ensure adequate parking and loading, water supply, drainage and storm water management, sanitary sewer facilities, and other utilities and services. 2. Applicability Site Plan review and approval shall be required as follows: a. for any development that contains two (2) or more residential dwelling units on a single Fact, lot, or parcel of land; b. for any development that contains single - family attached dwelling C. for any non-residential development; d. any increase in an existing non - residential structure or a residential structure that contains two (2) or more residential dwelling units that is greater than twenty -five percent (25 %) of the existing building square footage; e.' for any PDD or SUP; f. for any single - family residential development that includes a private amenity or facility or a golf course; and g. no building permit shall be issued for any of the above developments until a Site Plan and all other required engineering/construction plans are first approved by the City. No certificate of occupancy shall be issued until all construction and development conforms to the approved Site Plan and associated engineering/construction plans. The Site Plan review process shall include, but not be limited to, the following steps: Formatted: DocInfo osoS 350307918-3 42 Ii Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code i. pre - application conference; ii. site Plan review and approval; and iii. construction of project (after City approval of required Site Plan and other associated plans, including platting and engineering plans). 3. Exempted Uses The following land use activities are exempted from the requirements of this Article: a. construction of one- or two-family dwellings, ordinary accessory structures and related land use activities; b. ordinary repair and maintenance of existing structures or uses; C. agricultural land use; d. incidental landscaping or grading; e. individual manufactured homes; and f. interior alterations that do not substantially change the nature or use of the structure. Any request for Site Plan approval shall be accompanied by an application prepared in accordance with the Development Services Department Development Manual. C. Processing of Application and Decision An application for ''a Site Plan shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee may, at his/her option, request a recommendation from any other City Department or consultant. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. D. Contents of a Site Plan An application for a Site Plan shall include the information required by the Development Services Department Development Manual. Formatted: DocInfo osoS 350307918-3 43 Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code E. Criteria for Approval The Development Services Department and City administrative staff, in considering final action on a Site Plan, should consider the following criteria: 1. the Site Plan is consistent with the general purpose and intent of the applicable zoning district regulations; 2. the Site Plan is compatible with adjacent developments and neighborhoods and includes improvements to mitigate development related adverse impacts; 3. the Site Plan does not generate pedestrian or vehicular traffic which will be hazardous or conflict with the existiu2 traffic patterns in the area: 4. the Site Plan incorporates features to minimize adverse effects on adjacent properties; 5. adequate capacity of public or private facilities for water, sewer, electricity and transportation to and through the development are provided to the site; 6. the proposed use and associated Site Plan promote the health, safety or general welfare of the City and the safe, orderly, efficient and healthful development of the City. F. Revisions to Approved Site Plan Changes to an approved Site Plan shall be processed in the same manner as the original approved Site Plan; however, changes of details within a Site Plan which do not alter the basic physical relationship of the property to adjacent property, do not alter the use permitted, increase the density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the approved Site Plan, may be authorized by the City Manager or his/her designee. An aggrieved party may appeal the decision of the City Manager or his/her designee to the BOA in accordance with the provisions of this UDC. G. Expiration of Site Plan A Site Plan shall expire if any of the following occurs: 1. a building permit, if any, for the use has not been approved within two (2) years after the approval of a Specific Use Permit; 2. a building permit has not been approved within two (2) years after the approval of a Site Plan as part of a Planned Development District; Formatted: DocInfo osoS 350307918-3 44 Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code a building permit has not been approved within two (2) years for the construction of any building on the property for which the Site Plan was approved; and 4. a building permit that was approved as a result of an approved Site Plan expires within two (2) years after approval of the Site Plan. End of Article 9 Formatted: DocInfo osoS 350307918-3 45 Article 9 — Site Design Standards ........................................ ............................... Schertz Unified Development Code [This page intentionally left blank.] osoS 7818.3` rho y 46 Formatted: DocInfo Article 10 — Parking Standards ........................................ ............................... Schertz Unified Development Code Article 10 Parking Standards Sec. 21.10.1 Purpose The purpose of this Article is to establish the number of required off - street vehicular parking spaces so as to provide for the needs of occupants, customers, visitors or others involved in the use or occupancy of any building or structure, to eliminate the undue use of the surface street system for parking purposes, to require allocation of sufficient off - street /on -site loading facilities by business and industry which ensures that the loading and unloading of vehicles will not interfere with traffic flow or block roadways and/or fire lanes, to promote and protect the public health, safety, comfort, convenience and general welfare, and to grant and define the administrative powers and duties necessary to enforce this Article. Sec. 21.10.2 General Provisions A. Required off - street parking in residential di,, site, lot or tract as the main use for which the B. Required off - street parking in n site, lot or tract as the main use or tract located within the sam, use. C. If specific requix space, the next la D. Whenever a built this UDC' is char capacity or other required parking enlargement or cl E. All driveways a concrete or aspha F Ci off -strf number be provided` °on the same districts may be located on the same parking is provided or on a site, lot -ict_ and _ within 150 feet of the main g,`''result in a fraction of a parking ; is required. or use constructed or established after the effective date of or enlarged in floor area, number of dwelling units, seating to create a''need for an increase in the minimum number of ces, such spaces shall be provided to accommodate the required off - street parking spaces shall be on a paved .ce. All drive approaches shall be of paved concrete. Parking spaces' provided within a public right -of -way shall not be counted as meeting the minimum requirements of this Article. In the event of the construction of a phased development, the minimum number of parking spaces provided shall apply to each phase as it is developed. H. In computing the parking requirements for any building or development with multiple uses, the total parking requirements shall be the sum of the specific parking requirements for each individual use included in the building or development. Formatted: DocInfo I. J. K. Article 10 — Parking Standards ........................................ ............................... Schertz Unified Development Code Residential Curb Cuts — 1. Straight Driveways - Curb cuts for residential driveway aprons shall be not less than ten feet (10') in width, and not more than twelve feet (12') in width for a single driveway apron nor more than twenty -four feet (24') in width for a double driveway apron. Curb cuts will be permitted only for driveway aprons providing access to a garage, carport or hardstand. Not more than one curb cut will be permitted for each residential parcel of land except as follows for circular driveways. 2. Circular Driveways - Circular driveways are allowed for lots with a minimum of one hundred feet (100') of frontage. Circular driveways shall have a maximum of two (2) sixteen -foot curb cuts with a minimum of thirty feet (30') between each cut. Detached accessory, ancillary or storage structures in commercial and manufacturing districts shall not be located in a manner that decreases the minimum number of parking spaces required. Areas intended for outdoor displays and general outdoor storage shall not be allowed in designated off - street parking areas or fire lanes and shall not be located in a manner that decreases the minimum number of parking spaces required. Sec. 21.10.3 Size of A. IM A E03 E. Each standard off - street surface parking space shall measure not less than ten feet (10') by' twenty feet (20'), exclusive of access drives and aisles, and shall be of usable shape and condition. Wheel Stops Wheel stops shall be required for all areas of head -in parking adjacent to a landscaped area required in section 21.9.7. Wheel stops shall be designed so that the overhang of vehicles is contained totally within the parking space. If wheel stops, are not provided at locations where vehicles extend over the sidewalk areas, a minimum of five feet (5') of free walking area, exclusive of vehicle over hang, width must be provided. Each parking space designed for parallel parking shall have a minimum dimension of eight feet (S') by twenty -two feet (22'). Each standard parking space located in a parking garage shall measure not less than ten feet (10') by eighteen feet (1S'), exclusive of access drives or aisles. Handicap Accessible Parking 1. The number and size of the handicap parking spaces required must follow the Federal Americans with Disabilities Act and Texas Accessibility 2 Formatted: DocInfo Article 10 — Parking Standards ........................................ ............................... Schertz Unified Development Code Standards. The number of handicap parking spaces required is based on the total number of spaces provided. Accessible spaces for cars must have at least a sixty inch (60 ") wide access aisle located adjacent to the designated parking space. Van parking spaces need to have a wider access aisle of ninety -six inches (96 ") to accommodate a wheelchair lift and vertical clearance to accommodate van height. Minimum Number Total number of parking spaces provided (per lot) Table 1 of Accessible Parking Spaces Total minimum number of accessible parking spaces 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 2% of total parking provided in lot 1,001 and over 20 plus 1 for each 100 over 1,000 a. Accessible parking spaces must be located on the shortest accessible route of travel to an accessible facility entrance. Where buildings have multiple accessible entrances with adjacent parking, the accessible parking spaces must be dispersed and located closest to the accessible entrances and at the most level ground close to the accessible entrance. b. An accessible route must always be provided from the accessible parking to the accessible entrance. An accessible route never has curbs or stairs, must be at least three feet (3') wide, and has a firm, stable, slip- resistant surface. The slope along the accessible route should not be greater than 1:12 in the direction of travel. C. Accessible parking spaces may be clustered in one (1) or more lots if equivalent or greater accessibility is provided in terms of distance from the accessible entrance, parking fees, and convenience. Van - accessible parking spaces located in parking Formatted: DocInfo osoS 7818.3` rho y 3 Article 10 — Parking Standards ........................................ ............................... Schertz Unified Development Code garages may be clustered on one floor (to accommodate the ninety- eight inch (98 ") minimum vertical height requirement). Signage A sign with the international symbol of accessibility must be mounted in accordance with applicable state and federal laws to see marking each disabled parking space. Van accessible spaces must have a sign with "van accessible" on it in addition to the international symbol of accessibility. Sec. 21.10.4 Schedule of Off - Street Par A. Off - street parking shall be provided in sufficient quantities to provide the following ratio of vehicle spaces for the uses specified in the districts designated: Table 1 of • Requirements Use Type Parking Requirement Amusement, Commercial 10 spaces, plus 1 space for each 100 =square feet of (Indoor) total floor area over 1,000 square feet Amusement, Commercial 1 space per 5`00 square feet of outdoor site area (Outdoor) plus I space per each 4 fixed 'spectator seats Bank, Savings And Loan, Or 1 space for each 250 square feet of gross floor area Other Financial Institution Bar Or Night Club 1 space for each 50 square feet of gross floor area Bed And Breakfast 1 space for each rented room plus 1 space per employee Bowling Alley 5 parking spaces for each lane Bus Depot 1 space for each 100 square feet of gross floor area Convalescent Home, Group 1 parking space for each 2 beds Home, Home For The Aged Dance, Assembly And 1 space for each 100 square feet used for assembly Exhibition Halls Without Fixed or dancing Seats Day Care Centex 1 space per 250 square feet of gross floor area Group Home 4 spaces Hospital 1 parking space for each bed 1 space for each sleeping room or suite plus 1 Hotel Or Motel space for every 200 square feet of common area not designated as sleeping rooms Libraries, Laboratories And 10 spaces plus 1 space for each 300 square feet of Student Centers floor area Lodging Houses And Boarding 1 space per each two (2) persons capacity of Houses overnight sleeping facilities Manufacturing, Processing Or 1 space for each 2 employees or 1 space for each Repairing 1,000 square feet of total floor area, whichever is greater osoS 7818.3` rho y 4 Formatted: DocInfo Article 10 — Parking Standards ........................................ ............................... Schertz Unified Development Code Table 1 of • Requirements Use Type Parking Requirement Medical Or Dental Clinic 1 space for each 200 square feet of total floor area 1 space for each 300 square feet of office floor area Miniwarehouse plus 1 space for each 3,000 square feet of storage area 1 parking space for each 50 square feet of floor Mortuary /Funeral Home space in service rooms or 1 space for each 3 seats, whichever is less based on maximum design capacity) Multifamily, Duplex, Two - Family, Condominium Or Other 1.5 spaces per bedroom Similar Use Offices 1 space for each 250 ;square feet of gross floor area Personal Service Shop 1 space for each 200 square feet of gross floor area Residence Halls, Fraternity 1 space per person capacity of permanent sleeping Buildings And Sorority facilities Buildings Residential Care Facility 1 space per each two (2) persons 1 parking space for each 100 square feet of gross Restaurants floor area, or 1 space for each 4 seats, whichever is less (based on maximum design capacity) Retail Sales And Service 1 space for each250 square feet of gross floor area 1 space for each classroom plus 1 space for every School, All Other Schools four (4) seats in any auditorium, gymnasium or other common place of assembly 1 space for every three (3) students, faculty and School, High School And staff plus 1 space for every four (4) seats in any Vocational auditorium, gymnasium or other conunon place of assembly (based on maximum design capacity) Shopping Center Or Mall 1 space for each 250 square feet of gross floor area Single Family Attached And 2 parking spaces per dwelling unit Detached Dwelling Units Theaters, Auditoriums, Churches, Assembly Halls, 1 space for each 4 seats or 1 space for every 100 Sports Arenas, Stadiums, square feet of gross floor area, whichever is less Conference Center, Convention (based on maximum design capacity) Center Or Other Place Of Public Assembly 1 space for each 3,000 square feet of sales area Vehicle Sales Or Rental (open and enclosed) devoted to the sale, display or rental of vehicles Vehicle Service, Repair, Garage 1 space for each 200 square feet of total floor area Formatted: DocInfo 5 Sec. 2 Article 10 — Parking Standards ........................................ ............................... Schertz Unified Development Code Table 1 of • Requirements Use Type Parking Requirement 1 space for each 2 employees or 1 space for each Warehouse 1,000 square feet of total floor area, whichever is greater B. New and Unlisted Uses When a proposed land use is not classified in this section, the parking requirements will be based on the minimum standard which applies to a specified use which is most closely related to the proposed land use, as determined by the City Manager or his/her designee. C. Mixed Uses In the event that several users occupy a single structure, or parcels of land, the total requirements for off street parking shall be the sum of the requirements for the several uses computed separately unless it can be shown that the peak parking demands are offset, for example with retail and residential, or theater and office uses. In such case the City Manager or his/her designee may reduce the total requirements accordingly, but not more than twenty -five percent (25 %). D. Joint Use of Facilities Required parking facilities of two (2) or more uses, structures, or parcels of land may be satisfied by the same parking facility used jointly, to the extent that it can be shown by the owners or operators that the need for the facilities does not materially overlap and provided that such right of joint use is evidenced by a deed, lease, contract, or similar written instrument establishing the joint use. A. All parking lots shall '' be striped in a manner that will clearly delineate parking spaces, fire lanes and pedestrian crosswalks. B. Directional arrows shall be provided in all drive lanes and driveways. Sec. 21.10.6 Shared Access and Cross Lot Access Easements Notwithstanding any other provisions of this UDC, unless otherwise approved by the City, to reduce the number of curb cuts and access driveways, the dedication of joint -use, private access driveway easements and cross lot access easements shall be required for all commercial development. Sec. 21.10.7 Stacking Requirement for Drive - Through Facilities A. A stacking space shall be an area on a site measuring eight feet (8') by twenty feet (20') with direct forward access to a service window or station of a drive- through 6 Formatted: DocInfo Article 10 — Parking Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code facility which does not constitute space for any other circulation driveway, parking space, or maneuvering area. B. All stacking spaces shall be located entirely within the lot and shall be outside of any right -of -way, fire lane or similar access. C. For financial institutions with drive- through facilities, each teller window or station, human or mechanical, shall be provided with a minimum of five (5) stacking spaces. D. For each service window of a drive- through restaurant, a minimum of seven (7) stacking spaces shall be provided. E. For kiosks, a minimum of three (3) stacking spaces for each service window shall be provided. Sec. 21.10.8 Off - Street All retail, commercial, industrial and service s facilities for receiving and loading merchandise, the lot or tract. Such off - street loading space ma drive or may consist of a truck berth within the 8 berth shall consist of a minimum area of ten feet shall be provided in accordance with the followin lures shall provide and maintain off - street iplies and materials within a building or on adjacent to a public alley or private service turrl. Such off-street loading space or truck ) by forty feet (40') and the spaces or berths Table 2 1. 10. ' • ff-Street Loading Requirements Square Feet of Minimum Required Gross Floor Area in Spaces or Berths Structure 0-5,000 None 5,000 15,000 1 15,000 50,000 2 50,000 — 100,000 3 100,000 — 150,000 4 Each Additional 50,000 over 1 150,000 7 Formatted: DocInfo Article 10 - Parking Standards ........................................ ............................... Schertz Unified Development Code Sec. 21.10.9 Additional Reimlations and Illustrations A. Handicapped Ramps r d' 744 DICAPf cD R IP FAFr,M,n SP.�S Al-L w17i-1iN 2b• OF pw-� . HANDICAFFEE) RA F !3- within 26' orParKngJ Spacers The Scxcatson of hane#Icapped pAr" spacers stbuict —_ L ae Cb9e d� poae1ble to princlpa3 l�ar�d�cappsd accessible entrance(Sh 2. Dl�pereed in a muiti- bWiding eievelopme t or 6hopping center to ensure easy ac�n and to min Fmize LF- ira -el Costar for th- hancilcapped. M-1 Handicapped Parking Space Dispersal NANDIC PPED PARKING SPACE,f�ISPEtzSA� Formatted: DocInfo Article 10 — Parking Standards ........................................ ............................... Schertz Unified Development Code C. 90° Parking Dimensions Wo FAFRICrNG; DIMEK6EON5- 10' MR D. Angle Parking Dimensions ANGLE FIAFKING DIMENSIONS Formatted: DocInfo 9 Article 10 — Parking Standards ........................................ ............................... Schertz Unified Development Code E. Drive Aisle Dimensions $" CWb i>GU5LM P,4Cft iOt�l TL_10� rn�a. 2 d 1J0r Maxr of� baE d63pnc$ 4n per�#�d! rcw if7ea tpl of L q 151arx16 Ch In[srfpr F. Separation of Right -of Way and Parking Areas Lot g.� C"'�' Public Sheet Face of Curb � � Right of Way Formatted: DocInfo .0305 350307918-3 _ _.10 Article 10 — Parking Standards ........................................ ............................... Schertz Unified Development Code G. Landscaping and Fencing trces and shrugs plant.sd to vlsualls soften the sold re End of Article 10 Formatted: DocInfo [This page intentionally left blank.] Article 10 — Parking Standards ........................................ ............................... Schertz Unified Development Code 12 Formatted: DocInfo Article 11 — Signs and Advertising Devices ........................................................ ............................... Schertz Unified Development Code Article 11 Signs and Advertising Devices Sec. 21.11.1 Purpose The City recognizes the safety, commercial, emergency, and informational needs for signs. This Article has been adopted to protect the health, safety, and welfare of the citizens by regulating the location, construction, duration, size, height, installation, and maintenance of all signs within the jurisdiction of the City, including its ETJ in accordance with LGC Chapter 216. Additionally, this Article is intended to enhance property values, maintain aesthetic attractiveness, and promote commercial opportunity in the City, and to support and further the objectives of the City's Comprehensive Land Plan. Sec. 21.11.2 Applicability All signs shall be erected, displayed, altered or reconstructed in conformity with this Article. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. A. Other Laws The provisions of this Article shall not be deemed to nullify any other provisions of federal or state law. B. Partial Invalidity In the event any part or provision of this Article is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or C. Existing Signs Sec. 21.11.3 Adl A. signs legally existing on or before February 19, 2008 shall be permitted to inue without change. The City Manager or his/her designee is hereby authorized and directed to enforce the provisions of this Article and other laws, ordinances, codes and regulations applicable thereto. The City Manager or his/her designee shall have the authority to render interpretations of this Article and other laws, ordinances, codes and regulations applicable thereto, and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this Article and shall not have the effect of waiving requirements specifically provided for herein. Formatted: DocInfo Article 11 — Signs and Advertising Devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code B. Applications The City Manager or his/her designee shall receive applications, review plans and documentation and issue permits for the erection, installation, enlargement, alteration, and repair of all signs within the City and its ETJ. C. Inspection The City Manager or his/her designee shall make all inspections necessary to ensure compliance with all state and local requirements governing signage. D. Notices and Orders The City Manager or his/her designee shall issue all necessary citations, notices or orders to ensure compliance with this Article. E. Right of Entry Where it is necessary to make an inspection to enforce the provisions of this Article, or where the City Manager or his/her designee has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this Article, the City Manager or his/her designee is authorized to enter premises at > reasonable times to inspect or to perform the duties imposed by this Article, provided that if such premises are occupied that credentials be presented to the occupant and entry requested. If such premises are unoccupied, the City Manager or his/her designee shall first make a reasonable effort to locate the owner or other person having charge or control of the premises and request entry. If entry is refused, the City Manager or his/her designee shall have recourse to the remedies provided by law to secure entry. F. Department Records The City Manager or his/her designee shall keep official records of applications received, permits issued, fees collected, reports of inspections, and citations, notices and orders issued. Such records shall be retained in the official records for the period required by the State of Texas for the retention of public records. G. Liability The City Manager or his/her designee, members of the BOA, or other City employees charged with the enforcement of this Article, while acting for the City in good faith and without malice in the discharge of the duties required by this Article or other pertinent laws, ordinances, codes or regulations shall not be rendered liable personally and are hereby relieved of personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this Article shall be 2 Formatted: DocInfo Article 11 — Signs and Advertising Devices ........................................................ ............................... Schertz Unified Development Code defended by a legal representative of the City until the final termination of the proceedings. No City official shall not be liable for cost in any action, suit, or proceeding that is instituted in pursuance of the provisions of this Article. Sec. 21.11.4 General Requirements A. Permit Required 1. No person shall erect, alter or display any sign nor shall any person allow the erection, alteration, or display of any sign upon any property within the City or its ETJ owned or controlled by them without first obtaining a sign permit to do so from the City Manager or his/her designee, except as hereinafter provided. No sign permit shall be released by the City Manager or his/her designee until after the building permit for the principal building on the site has been issued. 2. Electrical Permit Required No person shall install and connect electrical systems for a sign within the City or its ETJ without first obtaining an electrical permit to do so from the Building Inspections ;Division; except as hereinafter provided. The Building Inspections Division shall not issue an electrical permit for a sign until after the principal sign permit for such work has been issued. B. Application The following information shall be required for each application for a permit: completed building permit application obtained from the Building Inspections Division; a Site Plan which includes: a. location of all buildings, structures or tracts to which or upon which the sign is to be attached or erected; and position of the sign in relation to rights -of -way, easements, buildings or structures and other existing signs; 3. plans that illustrate height, length, width and all other dimensions associated with the sign. Plans shall include all electrical elements of the sign; and 4. a letter or copy of a contract signed by the owner of the property stating that the applicant has permission to erect such sign. Formatted: DocInfo osoS 7818.3` rho y 3 I 003 E. F. Article 11 — Signs and Advertising Devices ........................................................ ............................... Schertz Unified Development Code Fees All fees for a sign permit shall be in accordance with the current fee schedule adopted by City Council. A permit shall not be valid until such fee has been paid. An amendment to a permit shall not be released until the additional fees, if any, have been paid. 2. Where work for which a permit is required by this Article has been started prior to obtaining a permit, the fees established by City Council shall be doubled. Payment of such double fees shall not relieve any person(s) from any other penalties prescribed by this UDC under section 21.1.11 or any other law, ordinance, code or regulation applicable thereto. Action on Application The City Manager or his/her designee shall applications for permits and amendmentsther after a complete application is filed. If t] documents do not conform to the requiremer laws, ordinances, codes or regulations, the Ci reject such application in writing, stating Manager or his/her designee is satisfied that requirements of this Article and other laws, applicable thereto, the City Manager or hill amine or cause to be examined ,vithin fifteen (15) business days application or the construction this Article and other pertinent tanager or his/her designee shall reasons therefore. If the City proposed work conforms to the finances, codes and regulations designee shall issue a permit An application for a pen-nit for any proposed work for which a permit has not been issued shall be deemed abandoned six (6) months after the date of filing. The City Manager or his/her designee may, at his/her discretion, grant one extension for additional time not exceeding ninety (90) days. The extension shall be requested in writing and justifiable cause demonstrated. Permits issued under this Article are non - transferable from one person to another. ition of Pen-nit A permit issued under this Article shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter, or set aside any of the provisions of this Article or other law, ordinances, codes and regulations applicable thereto. Nor shall issuance of a permit prevent the City Manager or his/her designee from thereafter requiring correction of errors in plans, construction, or removing violations of this Article or other laws, ordinances, codes or regulations applicable thereto. Every permit issued shall become invalid six (6) months after its issuance if the work is not completed unless otherwise stated in this Article. osoS 7818.3` rho y 4 Formatted: DocInfo Article 11 — Signs and Advertising Devices ........................................................ ............................... Schertz Unified Development Code G. Suspension or Revocation The City Manager or his/her designee is authorized to suspend or revoke a permit issued under this Article whenever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of this Article or any other laws, ordinances, codes or regulations applicable thereto. H. Public Rights -of -Way, Alleys and Easements A permit shall not be given by the City Manager or his/her designee for the placement of a sign that will encroach upon any public right -of -way, alley or utility or drainage easement. Placement of Permit The permit or copy thereof shall be kept on the site until the work permitted is completed. J. Appeal An individual who has been denied a permit or had a permit revoked may appeal in writing along with the established filing fee to the BOA within ten (10) days after the date of denial or revocation. Sec. 21.11.5 Exempted Signs The following types of sign or sign work are exempt from the permit requirements of this Article provided, however, that the exemption from the permit requirements of this Article shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Article or any other laws, ordinances, codes or regulations of the City: Governmental B. Political Signs C. Any sign within the railway right -of -way placed and maintained in reference to the operation of such railway. D. Utility Signs Any sign marking utility or underground communications or transmission lines. E. Vehicle Signs Any sign placed on or affixed to vehicles and/or trailers where the sign is incidental to the primary use of the vehicle or trailer as a form of transportation Formatted: DocInfo 5 Article 11 — Signs and Advertising Devices ........................................................ ............................... Schertz Unified Development Code and which identifies the business, products, or services with which the vehicle and/or trailer is related F. Flags Official flags of governmental jurisdictions or non -profit organizations. Nothing in this Article shall be construed to prevent the display of a national or state flag or to limit flags, insignias, or legal notices or informational, directional or traffic signs which are legally required and necessary to the essential functions of governmental agencies. Flag poles shall not exceed thirty five (35) feet in height. G. Warning Signs Signs warning the public of the existence of danger but containing no advertising material. H. Street Address Signs Address signs containing only numeric address and street or complex names. Holiday Signs Any temporary sign promoting the celebration of a holiday and containing no conunercial advertising. Plaques K. Menu Board L. historical society or organization. A maximum of two (2) menu board signs, each with a maximum of thirty -two (32) square feet in area, shall be permitted per drive through service restaurant or restaurant drive -up window or similar drive through business. Minor repair work to any sign, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles, painting or other similar exterior maintenance of a sign structure so long as no structural alterations are made to the sign. Sec. 21.11.6 Prohibited A. Obscene Signs No person shall erect or display on any site a sign in which the dominant theme of material taken as a whole appeals to the prurient interest in sex, and is patently offensive because it affronts current community standards relating to the 6 Formatted: DocInfo Article 11 — Signs and Advertising Devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code description or representation of sexual matters, and is utterly without redeeming social literary, artistic, political, and scientific value, according to contemporary conununity standards. B. Obstructing Doors, Windows or Fire Escapes No person shall erect or display on any site any sign that prevents free ingress to or egress from any door, window or fire escape. C. Obstructing Vision/Sight Triangle No person shall erect or display on any site any sign in such a manner as to obstruct free and clear vision of moving vehicles at any location, street intersection, or driveway. All signs placed at any intersection shall prevent such problem by observing a visibility triangle (see definition of visibility triangle). D. Interference With Traffic No sign shall be permitted which interferes with vehicular or pedestrian traffic as a result of the position, size, shape, movement, color, fashion, manner, or intensity of illumination, or any other characteristics causing such interference. No person shall erect or allow to be displayed any sign in such a manner as to interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device, including, signs making use of the words "stop ", "go", "look ", "slow ", "danger" or any other similar word, phrase, symbol or character. No person shall employ any red, yellow,' green, or other colored lamp or light in such a manner as to cause confusion or otherwise interfere with vehicular or E. Over Public Property or Public Right -of -Way shall be prohibited to erect or display any type of sign on or over public ROW other public property, unless the same is erected by the City, County, State or ter authorized governmental agency, or with the permission of the City (in its le discretion), for public purposes. F. Signs on Utility Poles No person shall erect or display any sign except as specifically authorized by section 21.11.5 on any utility pole located upon any public right -of -way or utility easement. G. Private Property No sign shall be located on private property without the consent of the owner of the premises, including signs located on trees, light poles or mail boxes. Formatted: DocInfo 7 Article 11 — Signs and Advertising Devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code H. Dilapidated Signs No sign shall be permitted which is deteriorated, dilapidated or in danger of falling or otherwise unsafe. I. Signs In Violation No sign shall be permitted that does not comply with any applicable provisions of the building code, this UDC, or any other applicable laws, ordinances, codes or regulations of the City. J. Home Occupation Signs No exterior home occupation signs shall be permitted unless otherwise specifically authorized in another applicable section of this UDC; K. Non - Motorized or Portable Signs No trailer type, non - motorized signs using wheels and axles as the primary support shall be permitted. L. Off Premise Signs Except as set forth elsewhere in this Article, all off premise signs not legally existing on February 19, 2008 are prohibited except that the following signs may be permitted provided they otherwise meet the applicable requirements of this Article: I. Community Service Signs 2. Garage Sale ,Signs 3. Official Government Signs 4. Historical Markers and Plaques 5. Political'' Signs 6. Real Estate Signs 7. Temporary Signs S. Traffic Signs M. Bandit Signs Formatted: DocInfo Article 11 — Signs and Advertising Devices ........................................................ ............................... Schertz Unified Development Code N. Painted Signs No sign shall be permitted which is painted on the wall of any building or on any part of a building. O. Other Signs Except as set forth elsewhere in this Article, any signs not specifically permitted by this Article are prohibited within the City and its ETJ. Sec. 21.11.7 Removal of A. Damaged Signs Signs which are determined by the City Manager or his/her designee to be a public hazard or in a state of disrepair shall be repaired or removed within ten (10) days after written notification to the property owner. B. Abandoned Signs Signs which are determined by the City Manager or his/her designee to be abandoned shall be removed or otherwise painted over and neutralized within thirty (30) days after written notification to the property owner by the Director. C. Extensions The City, Manager or his /her designee shall have the authority, but not the obligation, to grant extensions as necessary to resolve a damaged or abandoned sign. The extension shall be requested in writing and justifiable cause Signs in Right-of-Way and/or Public Property Any sign that is erected, constructed, or otherwise located within or upon public right -of -way or on 'public property may be removed by City personnel and disposed of immediately. The City is not required to notify the owner of the sign of its removal and disposal. E. Relocation of Certain Detached On- Premise Signs 1. Legal and non - conforming detached on- premise signs located on or overhanging a parcel of land acquired by a governmental entity may be relocated subject to the restrictions in this section. The owner of the sign and the governmental entity must sign an application requesting the relocation. The relocation must be completed within one (1) year after the date the governmental entity becomes the owner of the property. All relocated signs must fully comply with spacing, setbacks, and other Formatted: DocInfo 9 Article 11 — Signs and Advertising Devices ........................................................ ............................... Schertz Unified Development Code restrictions in this section. All signs must relocate on the remainder of the tract from which the parcel of land was acquired unless: a. There is no remainder; or b. The remainder is not of sufficient size or suitable configuration to allow the relocated sign to fully comply with the spacing, setback, and other restrictions in this section. 2. No relocated detached on- premise sign may have a greater effective area or increased height than it had at its original location, or contain new materials that are more than five feet (5') above grade, 3. No detached on- premise sign may be relocated until demolition and other required permits have been applied for and approved by the City. 4. No new electrical or mechanical properties may be added to a relocated detached on- premise sign. (For example, a non - illuminated sign may not be converted to an illuminated sign.) F. Illegally Erected Temporary SignF Any temporary sign that is erected, constructed or otherwise displayed, without a permit or in direct violation of this Article shall be removed by City personnel and disposed of immediately. The City is not required to notify the owner of the sign of its removal and disposal: G. Any permanent sign installed without a permit or in direct violation of this Article shall be removed by the owner of the sign or property within ten (10) days after written notification by the City Manager or his/her designee. H. Filing of Liens Against the Property The City is authorized to file a lien against any property which is not otherwise exempt to recover reasonable expenses incurred by the City for the removal of a sign or portion of a sign. I. Any decision rendered by the City Manager or his/her designee or other City personnel in the enforcement of this Article may be appealed to the BOA by any person, agent, or representative affected by such decision. Such appeal must be in writing and received within ten (10) days after a decision rendered along with the established fee. Formatted: DocInfo .0305 350307918-3 _ _.10 Article 11 — Signs and Advertising Devices ........................................................ ............................... Schertz Unified Development Code Sec. 21.11.8 General Si!n Provisions The provisions of this section shall be applicable to all signs hereafter erected, constructed, displayed, altered or repaired on any premise under the jurisdiction of the City. A. Height of Signs The vertical height of a sign shall be measured from ground level at the base of the sign to the highest part of the sign or its structure. B. Wind and Dead Load Requirements All signs shall be designed and constructed to withstand a wind load of not less than thirty -two (32) pounds per square foot of area and shall be constructed to receive dead loads as required by building codes adopted by the City. The sign application must include a statement signed or a letter with an engineer's seal that states compliance with this requirement. C. Location of Business /Residential All business and residential locations shall be identified by an address, which is clearly visible from the street. D. Illumination of Signs No sign shall be illuminated to such intensity to exceed a maximum of one (1) footcandle measured at the _property line. No lighted sign shall be erected or displayed within f 150 feet of a single - family residential zoned property unless the li2htin2 is shielded from view. F. Building and Electrical Codes Applicable signs shall be constructed and maintained in conformity with all applicable visions of the building code, electrical code or other applicable laws, nances, codes or regulations of the City. Every sign shall be maintained in good structural condition at all times. All signs shall be kept neatly painted including all metal parts and supports that are not galvanized or of rust resistant material. On undeveloped parcels of land, the area between any sign and the street or highway to which the sign is oriented and the area within twenty -five feet (25') of such sign must be kept free and clear of debris, trash, and weeds or other refuse and shall be maintained by mowing or trimming of any vegetation. Formatted: DocInfo Article 11 — Signs and Advertising Devices ........................................................ ............................... Schertz Unified Development Code G. Structural Sign Elements The structural elements of permanent signs shall be constructed of materials that are noncombustible and may be supported by noncombustible materials only and finished in a presentable manner. Wood or unpainted steel supports are prohibited. Heavy timber and other materials may be used only if approved by the Director. H. Sign Clearance Notwithstanding any other provisions of this UDC, all signs shall maintain a clearance of at least ten feet (10') when located over a public sidewalk and at least fourteen feet (14') when located over a driveway and shall extend no closer than eighteen inches (18 ") from the curb line of a, public street, unless painted or mounted flat on the surface of an existing awning', or canopy. Sign Area — The maximum effective sign area'sho a single face specified for each type of sign within Sec. 21.11.9 Wall A. General Ii Unless otherwise specifieally'providi shall be applicable to all wall signs fixtures, poles, or trees. the total square footage of tions set forth in this section may not be attached to light Areas with Limited Access 15% of the fagade area or 250 square feet, whichever is less Areas with Unlimited Access 12% of the fagade area or 125 square feet, whichever is less All Other Streets 10% of the fagade area or 80 square feet, whichever is less C. Maximum Number of Signs The maximum number of signs permitted for single occupancy or single tenant buildings shall be limited to one (1) per wall with a maximum of three (3) signs. Each sign in excess of the primary wall sign shall be a maximum seventy -five percent (75 %) of the area of the primary wall sign. The maximum number of signs permitted for multi- tenant buildings shall be limited to one (1) per tenant or lease space except for those spaces located on the .0305 7818.3` 918-3 _ _.12 Formatted: DocInfo E03 E. G. Sec. 21.11.10 A. B. Article 11 — Signs and Advertising Devices ........................................................ ............................... Schertz Unified Development Code ends of buildings which may have one (1) additional wall sign to be located on the side wall of the structure and being a maximum of seventy -five percent (75 %) of the area of the primary wall sign. Multi- tenant buildings with the rear of the building directly adjacent to a public or private street or access drive may have one (1) additional wall sign located on the rear wall of the structure and being a maximum of twenty -five percent (25 %) of the area of the primary wall sign. In no case shall the number of wall signs permitted for any single tenant within a multi- tenant development exceed a maximum of two (2) signs. Roofline Limitations In no case shall a wall sign project above the above the parapet wall if attached thereto. Wt to the eave of the roofline or overhang than signs may be attached to a continuous plank above or below the projection of the fascia allowed when attached to structural canopy s constructed of similar masonry material as the Illumination Wall signs shall be illuminated utl Projection Wall signs shall not project farther acent ofline of', any ,building nor extend signs shall be no closer vertically predominant letter height. Wall ascia if the sign ''does not extend signs attached to fascia are only ported to the ground by columns inches (18 ") from the building, Wall signs shall not be located on any fagade (other than the main front of the building) which faces property zoned for single - family residential uses if the sign is within 150 feet of the property line of said residential property. Unless otherwise specifically provided, the regulations set forth in this section shall be applicable to all freestanding ground signs. Minimum Setback The minimum setback of all freestanding ground signs shall be fifteen feet (15') from any property line. Formatted: DocInfo osoS 7818.3` r 13 Article 11 — Signs and Advertising Devices ........................................................ ............................... Schertz Unified Development Code C. Maximum Height The maximum height of a freestanding ground sign shall not exceed the following: Table 2 1.11. 1 1A Maximum Height of Ground Freestanding Areas with Limited Access 50 ft. Areas with Unlimited Access 140 ft. 11 Other Streets 120 ft. Exception: Freestanding ground signs located on properties along FM 3009 and Schertz Parkway shall have a maximum height of eighteen feet (18'). D. Maximum Area Freestanding ground signs shall not exceed the following: Table 2 1.11. 1 Ii Maximum Area of • Areas with Limited Access 250 sq. ft. Areas with Unlimited Access 100 sq. ft. 11 Other Streets 32 sq. ft. 1g ground signs located on properties along FM 3009 and have a maximum of ninety (90) square feet in area. E. Number of The maximum number of freestanding ground signs shall be limited to one (1) per lot per street frontage. Developments consisting of shopping centers or other Inulti- tenant type developments shall be required to construct multi- tenant signage in accordance with section 21.11.12 of this Article except that any primary or anchor store greater than 50,000 square feet may be allowed one (1) freestanding sign in accordance with this section. Sec. 21.11.11 Monument Signs A. General Unless otherwise specifically provided, the regulations set forth in this section shall be applicable to all monument signs that are allowed under this Article. B. Maximum Height The maximum height of a monument sign shall be five feet six inches (5' 6 "). Formatted: DocInfo osoS 7818.3` r 14 Article 11 — Signs and Advertising Devices ........................................................ ............................... Schertz Unified Development Code C. Maximum Area The maximum area of a monument sign shall not exceed fifty (50) square feet. D. Number of Signs E. The maximum number of monument signs shall be limited to one (1) per lot per street frontage. Developments consisting of shopping centers or other multi - tenant type developments shall be required to construct multi- tenant signage in accordance with section 21.11.12. Minimum Setback The minimum setback of all monument signs shall be fifteen feet (15') from any property line. Material Requirements All monument sign bases shall be co_ brick, stone or split face concrete blt constructed or covered with the same or shall be constructed of brick, stc aluminum sign panels will be allowed limited to a minimum of six inches (6' G. Illumination Monument si aluminum pas sign structure H. Driveway Ent Sec. 21.11.12 A. -ted of masonry material consisting of The monument sign structure must be onry material as the principal building it split face concrete block. Sculpted sign text and graphic elements shall be m the outer limits of the sign structure. sated utilizing internal lighting for sculpted source where the light itself and supporting is right -of -way. iding non - residential street address signs at driveway entrances are limited 1) monument sign per driveway entrance not to exceed twelve (12) square rea, and three feet (3') in height. The provisions of this section shall be applicable to all signs located within developments consisting of shopping centers, as defined within this UDC, and all other similar multi- tenant developments. Multi- tenant signs designed as monument signs shall meet the requirements of this section. Formatted: DocInfo .0305 7818.3` 918-3 _ _.15 Article 11 — Signs and Advertising Devices ........................................................ ............................... Schertz Unified Development Code B. Maximum Height The maximum height of a monument sign within a multi- tenant development shall not exceed the following: Areas with Limited Access 20 feet Areas with Unlimited Access IS feet All Other Streets 15 feet The monument base shall be a minimum of i measured from ground level at the center of the overall height shall not exceed the maximum monument base. C. Maximum Area The maximum area of a multi - tenant monumenl percent (1 %) of the gross building square footage a maximum of 150 square feet. D. Maximum Number The maximum number of multi- tenant monumen per platted lot per street frontage. E. Monument Sign Design F. (1S ") in height )f the base. The Bove, including sign shall be equivalent to one within the shopping center with signs shall be limited to one (1) Each multi- tenant monument sign shall be designed so as to provide adequate sign spaces for each tenant within the development except for the primary, or anchor store within the development which shall be prohibited from advertising on the monument sign. The developer shall be responsible for determining the adequacy and size necessary to meet the requirements of this section. The minimum setback of all multi- tenant monument signs shall be fifteen feet (15') from any property line. G. Material Requirements All multi- tenant monument signs shall be constructed of masonry material consisting of brick, stone or split face concrete block which shall be consistent in nature with the overall theme of the development. Sculpted aluminum sign panels will be allowed. All sign text and graphic elements shall be limited to a minimum of six inches (6 ") from the outer limits of the sign structure. Formatted: DocInfo .0305 350307918-3 _ _.16 Article 11 — Signs and Advertising Devices ........................................................ ............................... Schertz Unified Development Code H. Illumination Monument signs may only be illuminated utilizing internal lighting for sculpted aluminum panels or a ground lighting source where the light itself and supporting sign structure are not visible from public right -of -way. Sec. 21.11.13 Electronic A. General Electronic signage shall be permitted in -lieu of any permitted freestanding or monument signs on a property. In the event that an electronic sign is permitted for a property, no other additional freestanding or monument sign shall be pennitted. B. Maximum Height The maximum height of an electronic sign shall be eighteen feet (18'). C. Maximum Area The maximum area of an electronic sign shall not exceed one hundred (100) square feet with a maximum area per sign face of fifty (50) square feet. D. Number of Signs The maximum number of electronic signs shall be limited to one (1) per platted lot. No other on' premise freestanding signs shall be permitted. E. F. The minimum setback of all electronic signs shall be fifteen feet (15') from any Property lines. All monument sign bases shall be constructed of masonry material consisting of brick, stone or split face concrete block. The monument sign structure must be constructed or covered with the same masonry material as the principal building or shall be constructed of brick, stone or split face concrete block. All sign text and graphic elements shall be limited to a minimum of six inches (6 ") from the outer limits of the sign structure. G. Illumination Electronic signage shall not exceed a maximum of one (1) footcandle illumination at the property line. Formatted: DocInfo .0305 7818.3` 918-3 _ _.17 Article 11 — Signs and Advertising Devices ........................................................ ............................... Schertz Unified Development Code H. Location Restrictions No electronic signs shall be permitted within 150 feet of a residentially zoned property or property used for residential purposes. I. Additional Restrictions 1. Any change of pictures or information on the electronic sign shall not produce the illusion of moving objects, expanding or contracting shapes, rotation or any similar effect of animation. 2. Any change of pictures or information on the message board sign shall not change more often than once every four (4) seconds. 3. Any sign picture or information shall not have a solid white background between the time period of thirty (30) minutes after sunset and thirty (30) minutes before sunrise. Sec. 21.11.14 Directional Signs A. General This section shall be of traffic on private 1 clearances, or contro B. Maximum Height Directional signs sha C. Maximum Area Directional signs sha D. Maximum Number sign that directs the movement or warns of obstacles, overhead have a maximum height of three feet (3'). exceed a maximum area of twelve (12) square feet. The maximum dumber of directional signs permitted within a development shall be based on the square footage of building space constructed within the development. Directional signs shall be permitted at a rate of one (1) sign for every 1`0,000 square feet of building area. E. Location Restrictions Directional signs shall be located in a manner where they will not interfere with the safe movement of vehicles or pedestrians and shall not be located within any visibility triangle. Formatted: DocInfo Article 11 — Signs and Advertising Devices ........................................................ ............................... Schertz Unified Development Code Sec. 21.11.15 Subdivision A. General The provisions of this section shall be applicable to all subdivision entry signs identifying a residential or mixed use development. B. Maximum Height Subdivision entry signs shall be monument signs and shall have a maximum height of six feet (6') in height. C. Maximum Area The maximum area of a subdivision entry sign shall not exceed thirty -two (32) square feet per sign face. D. Maximum Number of Signs No more than one (1) subdivision entry sign shall be permitted at the primary subdivision entrance. Secondary entrances may have one (1) subdivision entry sign per entrance which shall be a maximum of seventy -five percent (75 %) of the size of the primary entrance sign.' E. Placement of Sign A subdivision entry sign may be located on a median at the street entrance if approved in writing by the Public Works Director. F. Subdivision Entry Feature A subdivision entry feature which is appropriate in scale to the size of the development and incorporating masonry walls, berms and/or decorative fencing in combination with the subdivision entry sign may be constructed at the primary subdivision entrance provided, however, that the maximum area containing the subdivision sign shall not exceed thirty -two square feet (32') per sign face. Sec. 21.11.16 Price - Per - Gallon Display A. General All price - per - gallon displays must be an integral part of the general permitted sign for the site. Displays, whether electronic or manual, shall not scroll or flash. B. Minimum Letter Height The minimum height allowed for price - per - gallon display signs shall be six (6 ") inches for the fuel classification (i.e. "unleaded", "diesel ", etc.). Formatted: DocInfo .0305 7818.3` 918-3 _ _.19 Article 11 — Signs and Advertising Devices ........................................................ ............................... Schertz Unified Development Code C. Maximum Area Price - per - gallon displays shall not exceed two- thirds (2/3) of the permitted gross surface area per face of the general permitted sign. D. Number of Signs Only one (1) price - per - gallon sign shall be permitted per site. E. Illumination Only internal illumination may be utilized for fuel classification and price -per- gallon signs. Sec. 21.11.17 Temporary Signs A. General Notwithstanding any other provisions of this Article, this section shall be applicable to all temporary signs identified in this Article. B. Maximum Area The maximum area permitted for temporary signs shall not exceed the following: C. Areas with Limited Access 32 sq. ft. per face or 10% of the building facade, whichever is less Areas with Unlimited Access 24 sq. ft. per face or 7% of the building facade, whichever is less All Other Streets 16 sq. ft. per face or 5% of the building facade, whichever is less The maximum height permitted for temporary signs shall not exceed the Table 21.11.17B Maximum Height of •• . Areas with Limited Access 6 feet Areas with Unlimited Access 4 feet All Other Streets 3 feet Formatted: DocInfo .0305 7818.3` 918-3 _ _.20 Article 11 — Signs and Advertising Devices ........................................................ ............................... Schertz Unified Development Code D. Minimum Setback The minimum setback for all temporary signs shall be fifteen feet (15') from any property line. E. Time Limitations Temporary freestanding signs shall be permitted for a maximum of 180 days per calendar year. No additional temporary sign permit shall be issued for the same property or business for a period of fourteen (14) days after the expiration of the previous permit. There shall be no limit to the number of temporary sign permits that may be issued for a particular property or business. The cumulative total number of days for which all temporary sign permits issued for a property or business shall not exceed 180 calendar days. F. Number of Signs No more than two (2) types of temporary signs tenant at any given time. Sec. 21.11.18 Development Sign A. Maximum Area Development signs B. Maximum Height C. Number of Signs Each development development, or of two (2) signs. D. Duration exceed thirty -two (32) square feet. not exceed six feet (6') in height. per business or 1 be permitted no more than one (1) sign per commercial ) sign per entry of a residential subdivision not to exceed Development signs shall be installed at any time after the issuance of the building permit for a commercial development or after approval of the final plat for a residential subdivision. The development sign must be removed within six (6) months or upon the issuance of a certificate of occupancy for commercial developments, and upon three (3) years or seventy -five percent (75 %) of development of a residential subdivision, whichever is less. Formatted: DocInfo .0305 7818.3` 918-3 _.2.1 Article 11 — Signs and Advertising Devices ........................................................ ............................... Schertz Unified Development Code Sec. 21.11.19 Real Estate A. Applicability Real estate signs meeting the requirements of this section shall be exempt from the permitting requirements of this Article. B. Maximum Height The maximum height for commercial real estate signs shall not exceed five (5') feet for freestanding ground signs and must be below the roof line for wall signs. C. Maximum Area The maximum area of a commercial real estate ;sign shall not exceed thirty -two (32) square feet. Residential real estate signs shall not exceed four (4) square feet in area. D. Maximum Number of Signs The maximum number of real estate signs shall be limited to one (1) per lot per street frontage. Sec. 21.11.20 Banners over Public Rights -of -Way A. General Banners may be - erected over public rights -of -way within the City with the approval of the r- City Manager or his/her designee. The applicant shall be responsible for securing any and all necessary permits to erect a banner over a TxDOT right -of -way and shall provide such information to the City with the application for a banner pen-nit. B. Restrictions Banners over public rights -of -way shall be permitted only for non - commercial or charitable events that are of general interest to the community as a whole and shall be restricted to non - profit or governmental entities. C. Responsibility The applicant shall be responsible for the erection of any banner over public rights -of -way. The banner shall be inspected by the City to ensure the banner is adequately secured. The applicant shall be responsible for removal of any banner erected over public rights -of -way. Formatted: DocInfo .0305 7818.3` 918-3 _ _.22 Article 11 — Signs and Advertising Devices ........................................................ ............................... Schertz Unified Development Code D. Maximum Banner Size The maximum area of a banner shall not exceed 144 square feet. The standard banner size shall be four feet (4') wide by thirty -six feet (36') long. Variations to the standard banner size may be approved by the City Manager or his/her designee when differing variations are necessary to contain the entire message within the banner. In no case shall the area exceed the maximum area identified in this section. Sec. 21.11.21 Nonconforming Signs A. General A sign, including its supporting structure, shall be considered nonconforming when it does not conform to all or part of the provisions of this Article and 1. was in existence and lawfully located prior to the adoption of this Article; 2. was in existence and lawfully located and used in accordance with the provisions of the prior law, ordinance, code or regulation applicable thereto or which was considered legally nonconforming there under and has since been in continuous or regular use; 3. was in existence, located and used on the premises at the time it was annexed into the City and has since been in continuous use; or 4. was in- , existence =and _ lawfully located and used as an off - premise sign prior to or on February 19, 2008. B. Registration Except as to signs constructed before September 1, 2006, it shall be unlawful for any person to maintain any nonconforming or off - premise sign within the corporate limits of the City or its ETJ without having a valid registration number affixed thereto as required in this section as follows: 1. To register a nonconforming sign or off - premise sign, application shall be made to the City Manager or his/her designee on forms provided for that purpose. The application shall be accompanied by the payment of the established fees and shall contain the name and address of the owner of the sign, the exact location of the sign, the date of placement, and any other information reasonably required by the City Manager or his/her designee. Formatted: DocInfo osoS 7818.3` r 23 Article 11 — Signs and Advertising Devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code 2. Issuance of Registration Number If the City Manager or his/her designee determines that the nonconforming or off - premise sign is a lawfully nonconforming or off - premise sign, he /she shall issue a registration number to the applicant. The owner of the sign shall cause the registration number to be affixed in a conspicuous place on the registered nonconforming or off - premise sign. 3. Invalidation of Registration The City Manager or his/her designee shall invalidate any registration for a nonconforming or off - premise sign when: a. it is removed from the premises for any reason; b. it has been damaged or destroyed so as to lose its nonconforming sign status as provided in this Article; C. it has become an abandoned sign. Sec. 21.11.22 Licenses A. Licenses Required 1. Required It shall be unlawful for any person to erect, construct, place, locate, reconstruct, repair, replace or service any sign for compensation without first obtaining a license to do such work from the City Manager or his/her designee.'' 2. License a. It is unlawful for any person to perform construction work subject to this Article unless the person is licensed as a sign contractor or is exempt under b below. b. A maintenance person who performs work upon a property with more than one property owner is deemed to be performing work for the general public and shall be licensed as a sign contractor. B. It is unlawful for any person to: 1. display or cause a permit to be displayed or to have in one's possession any license for doing any construction work, knowing it to be fictitious or to have been canceled, suspended or altered; Formatted: DocInfo osoS 7818.3` r 24 Article 11 — Signs and Advertising Devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code 2. lend or permit the use of any license for doing any construction work to any person not entitled to it; 3. fail or refuse to surrender to the City Manager or his/her designee any license for any construction work that has been suspended or canceled; 4. apply for or have in one's possession more than one current City construction license of the same type; 5. use a false or fictitious name or address in any application for any license or permit provided for in this Article or any renewal or duplicate, or make a false statement or conceal a material fact or otherwise commit fraud in making any application; 6. perform any construction work in the City or its ETJ for which a license is required without having the license or while the license is suspended, expired or canceled; 7. perform any construction work for which a permit is required without having the permit or after the permit has been suspended, canceled or expired; S. fail or refuse to make the necessary repairs or changes as provided in a written notice issued by the City Manager or his/her designee. A separate offense is deerned to be committed each day after the expiration of the time for correction provided in the notice until the work is corrected; or 9. place or leave a property in such condition that it injures or endangers Insurance It is the duty of all sign contractors who practice their craft within the City to show proof of general commercial liability insurance. A current copy of the insurance must be maintained on file with the Building Inspections Division of the City or the sign contractor's license may be revoked. The insurance shall include -a= minimum of: 1. $300,000 per occurrence (combined for property damage and bodily injury); 2. $600,000 aggregated (total amount the policy will pay for property damage and bodily injury coverage); and 3. $300,000 aggregate for products and completed operation. A licensed applicant or licensee shall file with the Building Inspections Division a completed certificate of insurance when applying for an initial license, when Formatted: DocInfo .0305 350307918-3 _ _.25 Article 11 — Signs and Advertising Devices ........................................................ ............................... Schertz Unified Development Code changing a business name, or upon request by the City Manager or his/her designee. D. The City Manager or his/her designee, within 30 days after the receipt of the completed application, shall issue the license or give a written refusal setting out the reasons for refusal. Application A written application for a sign contractor's license will be submitted to the Building Inspections Division on a farm prescribed by the City along with the required initial fee and evidence of two (2) years experience to include the following: a. required initial fee (as established by City Council); b. renewal fee (as established by City Council); C. completed application; d. reference from one (1) financial institution; e. reference from two (2) suppliers; and f. reference from three (3) customers with work performed within the last two (2) years. 2. Renewal All renewals shall be due January 1 st of each year. Failure to renew within thirty (30) days after the renewal date shall require the applicant to reapply for license at the initial fee rate. Revocation under this section may be suspended or revoked by the City designee for the following: a. " The City Manager or his/her designee may suspend the license of a person who has been convicted two (2) times within a one -year (1) period of any violation of this Article or other laws, ordinances, codes or regulations applicable hereto. b. If the City Manager or his/her designee decides to suspend a sign contractor's license, the Director shall notify the licensee of the suspension by first class mail to the licensee's last address on record, or by hand delivery to the licensee. Notice by mail will be deemed received three (3) days after posting. Formatted: DocInfo .0305 350307918-3 _ _.26 Article 11 — Signs and Advertising Devices ........................................................ ............................... Schertz Unified Development Code C. The licensee may appeal a suspension decision to the BOA by filing a written request within ten (10) days after receiving notice of the suspension. The BOA shall hold a hearing to determine whether the suspension decision should be sustained or reversed. d. If a licensee's license has been suspended twice in a three (3) year period, and the licensee then commits another violation under this Article or other laws, ordinances, codes and regulations applicable hereto, the City Manager or his/her designee shall notify the BOA. The BOA shall then hold a hearing to consider cancellation of the license. e. Enforcement actions taken under this section are not exclusive and do not affect any other remedies for violations of this Article or other applicable laws, ordinances, codes and regulations. 4. Appeal A person, whose license has been denied or revoked, may appeal in writing along with the filing fee then in effect to the BOA within ten (10) days. Electrical License It shall be unlawful for any person to install and connect electrical systems for a sign within the City and its ETJ without first obtaining a license to do so from the Texas Department of Licensing and Regulation (TDLR) for such work. A sign contractor may subcontract the electrical portion of a project to someone licensed by TDLR. Someone so licensed shall obtain all electrical permits to do such work. register with the City's Inspection Department as of Company Each electrical company shall register with the Inspection Department and shall provide a copy of general liability insurance in the amount established by the Texas Department of Licensing and Regulation (TDLR) for electrical contractors. b. Application A written application to register an electrical company, along with the established filing fee, shall be submitted to the Director on a form prescribed by the City. Formatted: DocInfo .0305 350307918-3 _ _.27 Article 11 — Signs and Advertising Devices ........................................................ ............................... Schertz Unified Development Code C. Renewal All registered electrical companies shall renew their registrations annually. All renewals shall be due March 1 st of each year. Exception: Licensed sign contractors who hold an electrical license issued by TDLR and who submit a copy of such license with their application, and do not work as an independent electrical company, shall not be required to register as an electrical company. Sec. 21.11.23 Violations A. Unlawful Acts It It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, or demolish a sign regulated by this Article, or cause the same to be done in conflict with or in violation of any of the provisions of this Article. Notice of Violation The City Manager or his/her designee is authorized_ to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removing or demolition of a sign in violation of the provisions of this Article or in violation of a permit issued under the provisions of this Article. Such order shall direct the discontinuance of the illegal action or nent of the violation. End of Article 11 Formatted: DocInfo .0305 7818.3` 918-3 _ _.28 Article 12 — Subdivisions ........................................ ............................... Schertz Unified Development Code Article 12 Subdivisions Sec. 21.12.1 Purpose and Applicability A. It is the purpose of this Article to promote sound planning in the subdivision of land, and to provide consistent rules, which protect the public health, safety, and welfare while allowing the legal platting of land. The regulations herein have been made after careful study of existing local conditions and the desirable future development of the City. It is not the desire or the intent of the City to regiment the design of subdivisions of property and its environs, but rather to recommend the utilization, to the fullest extent possible, of good, sounds modern subdivision planning principles. B. It is intended that as much freedom as possible be allowed the individual owners and subdividers in the design and ultimate development of new subdivisions so that they will contribute innovation, individuality, and character to the community's new residential neighborhoods, commercial developments, and industrial districts. At the same time, these rules are intended to assure that such development provides for: 1. sufficient, adequate major and secondary traffic thoroughfares and public facilities; 2. minimum standards for facilities; 3. a consistent and equitable pattern of development among neighboring parcels of land; and 4. consistency with the = City's Comprehensive Land Plan, Master Thoroughfare Plan, Parks and Open Space Master Plan, and other adopted plans. C. The regulations contained within this Article are adopted under the authority of the Constitution and laws of the State of Texas, including particularly LGC Chapter 42, Chapter 212, and Chapter 242. Pursuant to the authority herein granted, the City Council extends to all of the area within its City limits and its ETJ, the application of all of the terms and provisions in this Article establishing rules and regulations governing plats and subdivisions of land. Sec. 21.12.2 General Provisions A. The owner of a tract of land located within the City limits or in the ETJ of the City who divides the tract in two (2) or more parts to lay out a subdivision of the tract, including an addition to the City, to lay out suburban, building, or other lots, or to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares parks or other parts must have a plat of Formatted: DocInfo Article 12 — Subdivisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code the subdivision prepared. A division of a tract under this section includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method. B. No person shall create a subdivision of land within the City or within its ETJ without complying with the provisions of this Article, and all plats and subdivisions of any such land shall conform to the rules and regulations set forth in this Article. C. In addition to any other remedy provided by law, the City and its officers shall have the right to enjoin any violation of this UDC by injunction issued by a court of common jurisdiction. D. All land subdivided or platted into lots, blocks and streets within the City or within its ETJ, as provided by State law, shall comply in full with the requirements of this UDC. No plat shall be filed in the office of the County Clerk for a tract within the City or its ETJ unless it is approved by the Planning and Zoning Commission or the City Manager or his/her designee, as applicable. E. The City has requested each County in which the City is located not to issue a permit for the installation of septic tanks'' on any lot in a subdivision for which a final plat has not been approved and filed for record, or any lot in a subdivision in which the standards contained herein or referred to herein have not been complied with in full. No permit shall he issued for any structure on a lot in a subdivision for which a final plat has not been approved and filed for record, nor for any structure on a lot within a subdivision in which the standards contained herein have not been complied with in full. The City shall not authorize any person nor shall the City itself repair, maintain, install or provide any streets or public utility services in any subdivision for which a final plat has not been approved and filed for record, nor in which the standards contained herein or referred to herein have not been complied with in full. H. The City shall not authorize any person nor shall the City itself sell or supply any water or `sewer service within a subdivision for which a final plat has not been approved or filed for record, nor in which the standards contained herein or referred to herein have not been complied with in full. Disapproval of a plat by the Planning and Zoning Commission shall be deemed a refusal by the City to accept the offered dedications shown thereon. Approval of a plat shall not impose any duty upon the City concerning the maintenance or improvement of any such dedicated parts until the proper authorities of the City have actually appropriated the same by entry, use, or improvement. Any such dedication, before or after actual appropriation may be vacated by the City in any manner provided by law. 2 Formatted: DocInfo Article 12 — Subdivisions ........................................ ............................... Schertz Unified Development Code On behalf of the City, the City Attorney shall, when directed by the City Council, institute appropriate action in a court of competent jurisdiction to enforce the provisions of this UDC or the standards referred to herein with respect to any violation thereof which occurs within any area subject to all or part of the provisions of this UDC. K. In addition thereto, any abutting owner or lessee or other person prejudicially affected by the violation of the terms of this UDC may resort to any court of competent jurisdiction for any writ or writs, or to obtain such relief, either in law or equity, as may be deemed advisable in these premises. L. If any subdivision exists for which a final plat has not been approved or in which the standards contained herein or referred to herein have not been complied with in full, the City Council shall take appropriate action reciting the fact of such noncompliance of failure to secure final plat approval. Reciting the fact of such noncompliance or failure to secure the final plat approval, and reciting the fact that the provisions of sections 21.12.2.G through 21.12.2.K of this Article will apply to the subdivision and lots herein, the City Secretary shall, when directed by the City Council, cause certified copy of such action under the seal of the City to be filed in the Deed Records of the county or counties in which such subdivision or part thereof lies. If full compliance and final plat approval are secured after the filing of such action, the City Secretary shall forthwith file an instrument in the Deed Records of such county or counties stating that sections 21.12.2.13 through 21.12.2.K no longer apply. M. The provisions of this Article shall not be construed to prohibit the issuance of permits for any lots upon which a residential building exists and was in existence prior to passage of this UDC nor to prohibit the repair, maintenance, or installation of any street or public utility services for, to or abutting any lot, the last recorded conveyance of which prior to passage of this UDC was by metes and bounds, and/or any subdivision, or lot therein, recorded or unrecorded, which subdivision was in existence prior to the passage of this UDC. Sec. 21.12.3 Pre - Application Conference Prior to the official filing of an application for approval of a plat or plan for a subdivision, the subdivider, at his/her option, may consult with and present a proposed plan for the subdivision to the City Manager or his/her designee for comments and advice on the procedures, specifications, and standards required by the City for the subdivision of land. At such a meeting the City Staff will be able to make any suggestions that would direct the proposed subdivision toward desirable objectives and possibly prevent unnecessary work and expense if objectives are not met. This step does not require formal application or fee. No vesting shall occur under this Article in accordance with section 21.1.6. Formatted: D.rInfo osoS 7818.3` rho y 3 Article 12 — Subdivisions ........................................ ............................... Schertz Unified Development Code Sec. 21.12.4 Application Required Any proposed plan for subdivision or development of a property under this Article shall be accompanied by a completed application for the proposed development. No vesting shall occur in accordance with section 21.1.6 of this UDC until a completed application has been submitted in accordance with the requirements of this Article. Filing "checklists" provided by the City to assist applicants shall not change or override any filing requirements set forth in this UDC. Sec. 21.12.5 Subdivision Master Plan A. General Where required by section 21.12.6, a Subdivision Master Plan shall be prepared and submitted in accordance with this Article. B. Submittal Requirements for Subdivision Master Plan An application for a Subdivision Master Plan shall include the following information and documents: 1. Completeness Requirements a. appropriate fees; b. application signed and notarized by owner; C. agent authorization letter; d. legal metes and bounds description; e. subdivision Master Plan checklist; f. traffic Impact Analysis Determination form; g. 15 folded black line or blue line copies at 18 "X24" or 24 "X36' ; h. one (1) folded 11 "X17" reduction of exhibit; i, one (1) CD containing a digital copy of the plan in PDF format; and j. completed application for street name approval acknowledged by Bexar Metro 911, the United States Postal Service, and the applicable County Clerk's Office. 2. Technical Requirements a. location/vicinity map with north arrow; Formatted: D.rInfo osoS 7818.3` rho y 4 Article 12 — Subdivisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code b. title block located in lower right corner including subdivision name, acreage, survey name and abstract number, City, County and preparation date; C. legend, if abbreviations or symbols are used; d. name, address and phone number of owner, developer, applicant, and surveyor; e. north arrow; f. graphic and written scale (minimum 1" 100'); g. surveyed property boundaries with bearings and distances;n, h. legal metes and bounds description with calls matching boundary dimensions and distances; i. lot dimensions; j. location of significant natural features, including floodplains, water courses and wooded areas; k. location of significant manmade features, including railroads, buildings, utilities, or physical features; 1. for residential subdivisions, a minimum of two (2) points of public access to existing public streets; M. right -of -way dedications or reservations; n. location of existing and proposed Federal Emergency Management Agency (FEMA) 100 -year floodplain limits with elevations; o. existing and proposed topography at five foot (5') contour intervals including drainage channels and creeks; P. outline of all property offered to be dedicated to the City for parkland dedication; q. outline of all property to be maintained as private parkland; r. land use, zoning, subdivision name, owner name and address, and recording information for all adjacent properties; S. schematic layout of tract to be subdivided, any remainder tract, and relationship of proposed subdivision to adjacent properties and existing adjoining development; Formatted: DocInfo .0305 350307918-3 5 Article 12 — Subdivisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code t. designation of each phase of development, the order of development, and a schedule for the development of each phase; U. table indicating the phasing, acreage, land uses, zoning, and anticipated dwelling units for each phase; V. arterial, collector, and local street layout; W. provision for water, wastewater and storm drainage facilities to serve the development; X. any additional information as requested to clarify the proposed development; Y. provide the following notes: i. "The thoroughfare alignments shown on this exhibit are for illustration purposes and do not set the alignment. Alignment is determined at time of final plat"; ii. "According to Flood Insurance Rate Map, Panel dated , a 100 -year floodplain {does or does not exist on this site"; iii. "All private open space, common areas, greenbelts, drainage easement etc. are the responsibility of the developer or its successors and/or assigns"; and iv: State any and all waivers requested for the master plan; and Z. provide the following acknowledgement and certificate: "This Master Plan of the development has been submitted to and considered by the Planning and Zoning Commission of the City of Schertz, Texas and is hereby approved by such Commission. Dated this day of 120 By: Chairperson Secretary Formatted: D.rInfo 6 Sec. 21.12.6 Subdivision Master Plan Process A. Applicability Ii Article 12 — Subdivisions ........................................ ............................... Schertz Unified Development Code 1. The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City limits and throughout the City's ETJ. A Subdivision Master Plan is required to provide for review of certain developments for compliance with the Comprehensive Land Plan, this UDC, any additional adopted plans (i.e. Water, Wastewater, Transportation, Drainage), the compatibility of land uses and the coordination of improvements within and among individual parcels of land or phases of development prior to approval of a_ preliminary or final plat. 2. A Subdivision Master Plan is required for any development meeting the following criteria: a. the property is undeveloped, is under one (1) ownership, and is greater than fifty (50) acres in size; b. the proposed subdivision of land is to occur in phases; C. the proposed subdivision will require off -site road, drainage or utility connections or improvements that will have a substantial impact or effect on other properties or developments; or d. the property is part of a Development Agreement under section 21.4.10. If a preliminary plat encompasses the entire development, a Subdivision Master Plan will not be required. for a Subdivision Master Plan shall be accompanied by an prepared in accordance with the Development Services Development Manual. Accompanying Applications An application for a Subdivision Master Plan may be accompanied by an application for a preliminary plat for the first phase of development. 7 Formatted: DocInfo Article 12 — Subdivisions ........................................ ............................... Schertz Unified Development Code C. Processing of Application and Decision Submittal An application for a Subdivision Master Plan shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee shall forward a copy of the proposed plan to other appropriate departments for review and recommendation. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the Planning and Zoning Commission for consideration. Recommendation by the Parks and Recreation Advisory Board Prior to consideration by the Planning and Zoning Commission, the Subdivision Master Plan shall he reviewed by the Director of Parks, Recreation and Community Services for consistency with the Parks and Open Space Master Plan and any other applicable plans of the City. The Parks and Recreation Advisory Board shall provide a written recommendation to the Planning and Zoning' Commission with respect to the acceptability of any area proposed for dedication as public parkland. Decision by the Planning and Zoning Commission The Planning and Zoning ; Commission shall receive the written recommendation of the Director of Parks, Recreation and Community Services and the City Manager or his/her designee and shall consider the proposed Subdivision Master Plan. The Planning and Zoning Commission may vote to approve, approve with conditions, or deny the proposed Subdivision Master Plan. The applicant may appeal the decision of the Planning and Zoning Commission to the City Council for consideration. The City Council shall act on an appeal within thirty (30) days after the date of the Planning and Zoning Commission's action. 4. Acceptance of Subdivision Master Plan Approval of a Subdivision Master Plan by the Planning and Zoning Commission shall be deemed as an expression of the approval of the layout submitted on the master plan as a guide to the final design of streets, water, sewer and other required improvements and utilities and to the preparation of a preliminary plat in accordance with the requirements of this UDC. Formatted: DocInfo D. Criteria for Approval E. Article 12 — Subdivisions ........................................ ............................... Schertz Unified Development Code The Planning and Zoning Commission, in considering final action on a Subdivision Master Plan, should consider the following criteria: 1. the Subdivision Master Plan is consistent with all zoning requirements for the property or any development regulations approved as part of a Development Agreement; 2. the proposed provision and configuration of roads, water, wastewater, drainage and park facilities are adequate to serve each phase of the subdivision; 3. the schedule of development is feasible and prudent and assures that the proposed development will progress to completion within the time limits proposed; 4. if the land lies within a Planned Development (PDD) zoning district or is part of an approved Development Agreement, the proposed Subdivision Master Plan conforms to the PDD district regulations and is consistent with the incorporated Conceptual Plan or any development regulations contained in the approved Development Agreement; and 5. the location, size and sequence of the phases of development proposed assures orderly and efficient development of the land subject to the plan. The approval of a Subdivision Master Plan shall remain in effect for a period of two (2) years after the date the application was approved or conditionally approved by the Planning and Zoning Commission, during which period the applicant shall submit and receive approval for a preliminary plat for any portion of the land subject to the Subdivision Master Plan. If a preliminary plat has not been approved within the two (2) year period, the Subdivision Master Plan approval, unless extended, shall expire and the plan shall be null and void. 2. Extension At the request of the property owners or their representative, the expiration date for approval of a Subdivision Master Plan may be extended by the Planning and Zoning Commission for a period not to exceed one (1) year. A Subdivision Master Plan is not subject to reinstatement following expiration. 9 Formatted: DocInfo Article 12 — Subdivisions ...................................................................................................................................................................................................................................... ............................... Schertz Unified Development Code F. Revisions Following Approval of Subdivision Master Plan 1. Minor Changes Minor changes in the design of the subdivision subject to a Subdivision Master Plan may be incorporated in an application for approval of a Preliminary Plat without the necessity of filing a new application for approval of a Subdivision Master Plan. Minor changes shall include adjustment in street or alley alignments, lengths, and paving details, and adjustment of lot lines that do not result in creation of additional lots, provided that such changes are consistent with any approved prior applications. 2. Amendments All other proposed changes to the design of the subdivision subject to an approved Subdivision Master Plan shall be deemed major amendments that require submittal and approval of a new application for approval of a revised Subdivision Master Plan before approval of a Preliminary Plat. Sec. 21.12.7 Preliminary Plat A. General Where required by section 21.12.8, a Preliminary Plat shall be prepared and submitted in accordance with this Article. Sec. B. Submittal: Requirements for Preliminary Plat An application for a preliminary plat shall include the information required by the Development Services Department Development Manual. .12.8 Preliminary Plat Process A. Applicability 1. The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City's limits and throughout the City's ETJ. A Preliminary Plat is required to determine the general layout of the subdivision, the adequacy of public facilities needed to serve the intended development and the overall compliance of the land division with applicable requirements of this UDC. 2. A Preliminary Plat may be submitted for any phase of development consistent with an approved Subdivision Master Plan. Where a Subdivision Master Plan is not required and the area to be platted is part of a larger tract of land, the preliminary plat must encompass the entire tract of land under ownership of the subdivider and shall provide a preliminary .0305 7818.3` 918-3 _ _.10 Formatted: D.rInfo It A Article 12 — Subdivisions ........................................ ............................... Schertz Unified Development Code layout of streets, lots, blocks, utilities and drainage for the larger tract. A final plat may be submitted for individual lots to be platted out of the larger parcel. Application Requirements Application Required Any request for a preliminary plat shall be accompanied by an application prepared in accordance with the Development Services Department Development Manual. Accompanying Applications An application for a preliminary plat may be accompanied by an application for a Master Plan for the entire area to be platted or for any portion of the proposed preliminary plat. Processing of Application and Decisi Submittal An application for a preliminary plat shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his /her designee shall forward a copy of the plat to other appropriate departments for review and recommendation. The City Manager or his/her designee shall notify the applicant of items requiring correction' or attention before providing a recommendation on the application. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the Planning and Zoning Connnission for consideration. Decision by the Planning and Zoning Commission The Planning and Zoning Commission shall receive the written reeominendation of the City Manager or his/her designee and shall consider the proposed preliminary plat. The Planning and Zoning Commission shall act on the plat within thirty (30) days after the date a complete application is filed. The Planning and Zoning Commission must approve a preliminary plat that is required to be prepared in accordance with this section and that satisfies all applicable regulations of this UDC. The Planning and Zoning Commission may vote to approve with conditions or deny a preliminary plat that does not satisfy all applicable regulations of this UDC. The applicant may appeal the decision of the Planning and Zoning Commission to the City Council for consideration. The City Council shall act on an appeal within thirty (30) days after the date of the Planning and Zoning Commission's action. Formatted: DocInfo Article 12 — Subdivisions ........................................ ............................... Schertz Unified Development Code Acceptance of Preliminary Plat Approval of a preliminary plat by the Planning and Zoning Commission shall be deemed as an expression of the approval of the layout submitted on the plat as a guide to the final design of streets, water, sewer and other required improvements and utilities and to the preparation of a final plat in accordance with the requirements of this UDC. D. Criteria for Approval E. The Planning and Zoning Commission, in considering _ final action on a Preliminary Plat, should consider the following criteria: 1. the plat is consistent with all zoning requirements for the property or any approved Development Agreement; 2. the plat conforms to the general layout of the Subdivision Master Plan (if applicable) and is consistent with the phasing plan approved therein; 3. the proposed provision and configuration of roads water, wastewater, drainage and park facilities conform= to the master facilities plans for the facilities, including without limitation the water facilities, wastewater facilities, transportation, drainage and other master facilities plans; and 4. the proposed provision and configuration of roads, water, wastewater, drainage and park facilities, and easements and rights -of -way are adequate to serve the subdivision. 1. Expiration The approval of a preliminary plat shall remain in effect for a period of two (2) years after the date the application was approved or conditionally approved by the Planning and Zoning Commission, during which period the applicant shall submit and receive approval for a final plat for any portion of the land subject to the preliminary plat. If a final plat has not been approved within the two (2) year period, the preliminary plat approval, unless extended, shall expire and the plat shall be null and void. Extension At the request of the property owners or their representative, the expiration date for approval of a preliminary plat may be extended by the Planning and Zoning Commission for a period not to exceed six (6) months. A preliminary plat is not subject to reinstatement following expiration. Formatted: DocInfo .0305 350307918-3 _ _.12 Article 12 — Subdivisions ........................................ ............................... Schertz Unified Development Code Revisions Following Approval of Preliminary Plat Minor Changes Minor changes in the design of the subdivision subject to a Preliminary Plat may be incorporated in an application for approval of a Final Plat without the necessity of filing a new application for approval of a Preliminary Plat. Minor changes shall include a revision to plat notes, a revision to street or alley lengths, paving details, scrivener's errors, adjustment of lot lines that do not result in the increase or creation of additional lots or additional acreage, or changes or clarifications to easements, provided that such changes are consistent with any approved prior applications. 2. Major changes include the reconfiguration of street or alley alignments, the addition of streets or alleys, an increase in the number of lots or acreage, the addition or revision of unit previously approved by the Preliminary Plat, any change to the open space dedication requirement, changes to drainage, changes to Mood plain data, and any other changes that may not be included herein as determined by the Planning Department. Major changes shall require submittal of a revised Master Plan and Preliminary Plat.' Amendments All other proposed changes to the design of the subdivision subject to an approved Preliminary Plat shall be deemed major amendments that require submittal and approval of a new application for approval of a Preliminary Plat before approval of a Final Plat. Approval of major revisions to an approved Preliminary Plat shall occur prior to the date any approved Subdivision Master Plan would have expired for the same land. Sec. 21.12.9 Final Plat A. Where required by section 21.12.10, a Final Plat shall be prepared and submitted in accordance with this Article. B. Submittal Requirements for Final Plat Formatted: D.rInfo osoS 7818.3` r 13 Article 12 — Subdivisions ........................................ ............................... Schertz Unified Development Code An application for a final plat shall include the information required by the Development Services Department Development Manual. Sec. 21.12.10 Final Plat Process A. Applicability Ii The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City's limits and throughout the City's ETJ. A Final Plat is required to assure that the division or development of the land subject to the plat is consistent with all standards of this UDC pertaining to the adequacy of public facilities, that public improvements to serve the subdivision or development have been installed and accepted by the City or that provision for such installation has been made, that all other requirements and conditions have been satisfied or provided for to allow the plat to be recorded, and to assure that the subdivision or development meets all other standards of this UDC to enable initiation of site preparation activities for any lot or tract subject to the plat. Approval of a Final Plat shall be required prior to any non- exempt division of land and prior to any site preparation activities for a lot or tract of land that requires installation of public improvements on or adjacent thereto. 2. A Final Plat may be 'submitted for any phase of development consistent with an approved; Preliminary Plat. Any request for a final plat shall be accompanied by an application prepared in accordance with the Development Services Department Applications An application for a final plat shall be accompanied by a letter of approval from the City Engineer and/or the Director of Public Works approving the public infrastructure improvement construction plans showing details of streets, alleys, culverts, bridges, storm sewers, water mains, sanitary sewers and other engineering details of the proposed subdivision. Such plans shall be prepared by a registered professional engineer and shall conform to the standard specifications established by the City. Approval of any public infrastructure improvement plans is required prior to final plat application. Formatted: D.rInfo osoS 7818.3` r 14 Article 12 — Subdivisions ........................................ ............................... Schertz Unified Development Code C. Processing of Application and Decision Submittal An application for a final plat shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee shall forward a copy of the plat to other appropriate departments for review and recommendation. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the Planning and Zoning Conunission for consideration. Decision by the Planning and Zoning Commission The Planning and Zoning Commission shall receive the written recommendation of the City Manager or his/her designee and shall consider the proposed final plat. The Planning and Zoning Commission shall act on the plat within thirty (30)_ days after the date a complete application is filed. The Planning and Zoning Commission must approve a final plat that is required to be prepared in accordance with this section and that satisfies all applicable regulations of this UDC. The Planning and Zoning Commission may vote to approve with conditions or deny a final plat that does not satisfy all applicable regulations of this UDC. The applicant may appeal the decision of the Planning and Zoning Commission to the City Council for consideration. The City Council shall act on an appeal within thirty (30) days after the date of the Planning and Zoning Commission's action. for and Zoning Commission, in considering final action on a Final Plat, -r the following criteria: the Final Plat conforms to the approved Preliminary Plat, except for minor changes that may be approved without the necessity of revising the approved Preliminary Plat; and 2. the final layout of the subdivision or development meets all standards for adequacy of public facilities contained in this UDC; Formatted: D.rInfo .0305 350307918-3 _ _.15 Article 12 — Subdivisions ........................................ ............................... Schertz Unified Development Code E. Expiration and Extension 1. Expiration The approval of a final plat shall remain in effect for a period of two (2) years after the date the application was approved or conditionally approved by the Planning and Zoning Commission, during which period the applicant shall submit any required revisions for approval and recordation of the plat. If the final plat has not been recorded within the two (2) year period, the final plat approval, unless extended, shall expire and the plat shall be null and void. Extension At the request of the property owner or their representative, the expiration date for approval of a final plat may be extended by the Planning and Zoning Commission for a period not to exceed six (6) months. A final plat is not subject to reinstatement following expiration. Revisions to Final Plat Approved Final Plat An applicant may make minor changes to an approved Final Plat to reflect changes arising from installation of 'public improvements thereafter, provided that the approved Final Plat has not been recorded and that approval of the revised Final Plat occurs prior to expiration of approval of the initial Final Plat application. The City Manager or his/her designee is authorized to approve minor changes to an approved Final Plat. If the approved Final Plat has been recorded, an amending plat or replat must be approved or Denied Plat Following conditional approval or denial of a Final Plat application, the applicant may submit a revised Final Plat application, together with any revised public infrastructure improvement construction plans, for approval. The City Manager or his/her designee is authorized to approve revisions required for conditional approval of the final plat. Revisions to a plat which was denied shall be approved by the Planning and Zoning Commission. Approval of a revised plat is required prior to the original expiration date of any approved Preliminary Plat for the same land. a. Filing of security in -lieu of completing construction shall be in accordance with section 21.4.15. Where public infrastructure improvements have been installed prior to recording of the plat, the property owner shall submit a maintenance bond in accordance with section 21.4.15 from each contractor, three (3) sealed sets of 350307918-3 _ _.16 Formatted: D.rInfo .0305 G Sec. 21.12.11 A. Ii A Article 12 — Subdivisions ........................................ ............................... Schertz Unified Development Code "as built" plans or record drawings, and one (1) CD containing a digital copy of all plans (in a format as determined by the Department of Public Works), together with a letter stating the contractors' compliance with section 21.4.15, and bearing sealed certification by the design engineer that all public improvements have been constructed in compliance with all City construction standards. The property owner also shall submit copies of the approved Final Plat with any required revisions on mylars and in the format and number required by the Planning Division. Where public improvements have yet to be completed in connection with an approved Final Plat, the property owner shall submit in the format and number required by the City Manager or his/her designee, copies of the approved Final Plat with any required revisions on mylars and in the format and number required by the Planning Division for signing and recording. b. Upon notification of acceptance of required public improvements or filing of security in -lieu of infrastructure const=ruction, the City Manager or his/her designee shall procure the signature of the chair of the Planning and Zoning Commission on the plat and shall promptly cause the plat to be recorded. No final plat will be received for recording until all back taxes owed to the City have been paid in full and a certified copy of a Tax Certificate from the applicable school district and county tax office has been received for the subject property. The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City's limits and throughout the City's ETJ. A minor plat may be submitted for approval where the proposed division of land involves four (4) or fewer lots fronting onto an existing street and not requiring the creation of any new street or the extension of municipal facilities. Any request for a minor plat shall be accompanied by an application prepared in accordance with the Development Services Department Development Manual. Processing of Application and Decision Submittal An application for a minor plat shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Formatted: Docmfo .0305 7818.3` 918-3 _.17 E03 E. Article 12 — Subdivisions ........................................ ............................... Schertz Unified Development Code Manager or his/her designee may, at his/her option, forward a copy of the plat to other appropriate departments for review and recommendation. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. 2. Minor Plat Approval In accordance with LGC section 212.0065, the City Manager or his/her designee may approve a minor plat. The City Manager or his/her designee may, for any reason, elect to present the plat for approval to the Planning and Zoning Commission. The City Manager or his/her designee shall not disapprove a minor plat and shall be required to refer any plat for which approval is refused to the Planning and Zoning Commission. If a minor plat is referred to the Planning and Zoning Commission, the Planning and Zoning Commission shall act on the plat within thirty (30) days after the date of the City Manager or his/her designee's determination. 3. Contents of Minor Plat An application for a minor plat shall include the same information and documents required for approval of a final plat in accordance with section 21.12.9. Criteria for Approval The City Manager or his/her designee in considering final action on a minor plat the minor plat is consistent with all zoning requirements for the property, all other requirements of this UDC that apply to the plat, and any regulations contained in an approved Development Agreement; all lots to be created by the plat already are adequately served by all required City utilities and infrastructure; and does not require the extension of any municipal facilities to serve within the subdivision. Expiration and Extension Expiration The approval of a minor plat shall remain in effect for a period of two (2) years after the date the application was approved or conditionally approved by the City Manager or his/her designee or the Planning and Zoning Commission on appeal, during which period the applicant shall submit any required revisions for approval and recordation of the plat. If Formatted: DocInfo Article 12 — Subdivisions ........................................ ............................... Schertz Unified Development Code the minor plat has not been recorded within the two (2) year period, the plat approval shall expire and the plat shall be deemed null and void. Extension At the request of the property owners or their representative, the expiration date for approval of a minor plat may be extended by the Planning and Zoning Commission for a period not to exceed six (6) months. A minor plat is not subject to reinstatement following expiration. F. Plat Recordation The property owner shall submit the approved minor plat, following any required revisions, to the City Manager or his/her designee, who shall cause the plat to be recorded in the property records of the county in which the land is located. Sec. 21.12.12 Amending Plat Process A. Applicability The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City's limits and throughout the City's ETJ. An amending plat may be filed in accordance with the procedures and requirements set forth in LGC section 212.016 and may be recorded and is controlling over the preceding plat without vacation of that plat and without notice and hearing, if the amending plat is signed and acknowledged by the owners of the property being replatted and is solely for one or more of the following purposes: to correct an error in a course or distance shown on the preceding plat; 2. to add a course or distance that was omitted on the preceding plat; to correct an error in a real property description shown on the preceding plat; 4. to indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments; 5. to show the location or character of a monument which has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat; 6. to correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, including lot numbers, acreage, street names, and identification of adjacent recorded plats; Formatted: DocInfo .0305 7818.3` 918-3 _ _.19 Article 12 — Subdivisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code 7. to correct an error in courses and distances of lot lines between two (2) adjacent lots if: a. both lot owners join in the application for amending the plat; b. neither lot is abolished; C. the amendment does not attempt to remove recorded covenants or restrictions; and d. the amendment does not have a materially adverse effect on the property rights of the other owners in the plat; S. to relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement; 9. to relocate one or more lot lines between one or more adjacent lots if: a. the owners of all those lots join in the application for amending the plat; b. the amendment does not attempt to remove recorded covenants or restrictions; or C. the amendment does not increase the number of lots. 10. to make necessary changes to the preceding plat to create six (6) or fewer lots in the subdivision or a part of the subdivision covered by the nrecedinQ plat if: s do not affect applicable zoning and other regulations icipality; s do not attempt to amend or remove any covenants or and C. the area covered by the changes is located in an area that the Planning and Zoning Commission or City Council has approved, after a public hearing, as a residential improvement area; or 11. to replat one or more lots fronting on an existing street if: a. the owners of all those lots join in the application for amending the plat; b. the amendment does not attempt to remove recorded covenants or restrictions; C. the amendment does not increase the number of lots; and Formatted: DocInfo .0305 350307918-3 _.20 Article 12 — Subdivisions ........................................ ............................... Schertz Unified Development Code d. the amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities. B. Application Requirements Any request for an amending plat shall be accompanied by an application prepared in accordance with the Development Services Department Development Manual. C. Processing of Application and Decision 1. Submittal An application for an amending plat shall__ be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee may, at his/her option, forward a copy of the plat to other appropriate departments for review and recommendation. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a reconunendation on the application. 2. Amending Plat Approval ` In accordance with LGC section 212.0065, the City Manager or his/her designee may approve an amending plat. The City Manager or his/her designee may, for any reason, elect to present the plat for approval to the Planning and Zoning Commission. The City Manager or his/her designee shall not disapprove an amending plat and shall be required to refer any plat for which approval is refused to the Planning and Zoning Commission. If an amending plat is referred to the Planning and Zoning Commission, the Planning and Zoning Commission shall act on the plat within thirty (30) days after the date of the City Manager or his/her designee's determination. 3. Planning and Zoning Commission Review of Administratively Approved The City Manager or his/her designee shall provide a quarterly report to the Planning and Zoning Commission containing a summary of plats that have been administratively approved during that quarter and shall include a copy of the approved plat for review by the Planning and Zoning Commission. Formatted: DocInfo .0305 350307918-3 _.2.1 003 E. F Article 12 — Subdivisions ........................................ ............................... Schertz Unified Development Code Contents of Amending Plat An application for an amending plat shall include the same information and documents required for approval of a final plat in accordance with section 21.12.9. Expiration and Extension 1. Expiration The approval of an amending plat shall (2) years after the date the applicati approved by the City Manager or his Zoning Commission on appeal, durin, submit any required revisions for appn the amending plat has not been recor( the plat approval shall expire and the p1 2. Extension At the request of the prc date for approval of an and Zoning Commissio amending plat is not sut Plat Recordation required revisions, to the ( plat to be recorded in the located. Sec. 21.12.13 Renlat Process A. tin in effect for a period of two ras approved or conditionally designee or the Planning and ich period the applicant shall and recordation of the plat. If fithin the two (2) year period, all be deemed null and void. )ert'y owners or their representative, the expiration mending plat may be extended by the Planning for a period not to 'exceed six (6) months. An ect to reinstatement following expiration. iit the approved Amending Plat, following any ✓Tanager or his/her designee, who shall cause the erty records of the county in which the land is The provisions of this section are authorized under LGC Chapter 212 and shall be applicable to all areas within the City's limits and throughout the City's ETJ. A replat is any plat that complies with LGC sections 212.014, 212.0145, and 212.015, as amended, which is generally submitted to replat a subdivision or part of a subdivision without vacation of the original plat. Replatting a portion of a recorded lot is not permitted. A replat does not itself constitute approval for development of the property. B. Application Requirements Any request for a replat shall be accompanied by an application prepared in accordance with the Development Services Department Development Manual. Formatted: DocInfo .0305 7818.3` 918-3 _ _.22 I I� E. Article 12 — Subdivisions ........................................ ............................... Schertz Unified Development Code Processing of Application and Decision Submittal An application for a replat shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee shall forward a copy of the plat to other appropriate departments for review and recommendation. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or his/her designee shall forward a recommendation to the Planning and Zoning Commission for consideration. 2. Notification Requirements An application for a replat requires notification in accordance with LGC section 212.015. Published notice and written notice to property owners within 200 feet who are also within, the original subdivision shall be provided in accordance with the requirements of LGC. 3. Decision by the Planning and Zoning Commission The Planning and Zoning Commission shall hold a public hearing and receive the recommendation of the City Manager or his/her designee and shall consider the proposed replat. The Planning and Zoning Commission shall act on the plat within thirty (30) days after the date a complete application is filed. The Planning and Zoning Commission must approve a replat that is required to be prepared in accordance with this section and that satisfies all applicable regulations of this UDC. The Planning and Zoning Commission may vote to approve with conditions or deny a replat that does not satisfy all applicable regulations of this UDC. The applicant may appeal the decision of the Planning and Zoning Commission to the City Council for consideration. The City Council shall act on an appeal within thirty (30) days after the date of the Planning and Zoning Commission's action. Contents of Replat An application for a replat shall include the same information and documents required for approval of a final plat in accordance with section 21.12.9. Criteria for Approval The Planning and Zoning Commission in considering final action on a replat should consider the following criteria: Formatted: DocInfo osoS 350307918-3 23 Cf� Article 12 — Subdivisions ........................................ ............................... Schertz Unified Development Code I. the replat is consistent with all zoning requirements for the property, all other requirements of this UDC that apply to the plat, and any regulations contained in an approved Development Agreement; 2. the replat is signed and acknowledged by only the owners of the property being replatted; 3. a public hearing was held and parties in interest and citizens have had an opportunity to be heard; and 4. the replat does not attempt to amend= or remove any covenants or restrictions. Protests If the replat application is accompanied by a variance petition and is protested in accordance with this section, approval of the replat shall require the affirmative vote of at least three - fourths (3/4) of the members of the Planning and Zoning Commission present at the meeting. For a legal protest, written instruments signed by the owners of at least twenty percent (20 %) of the area of the lots or land immediately adjoining the area covered by the replat application and extending 200 feet from that area, but within the original subdivision, must be filed with the Planning and Zoning Commission prior to the close of the public hearing. In computing the percentage of land area under this section, the area of streets and alleys shall be included: -- _ 2. The approval of a replat shall remain in effect for a period of two (2) years after the date the application was approved or conditionally approved by the Planning and Zoning Commission, during which period the applicant shall submit any required revisions for approval and recordation of the plat. If the replat has not been recorded within the two (2) year period, the plat approval shall expire and the plat shall be deemed null and void. At the request of the property owners or their representative, the expiration date for approval of a replat may be extended by the Planning and Zoning Commission for a period not to exceed six (6) months. A replat is not subject to reinstatement following expiration. Formatted: D.rInfo osoS 350307918-3 24 Article 12 — Subdivisions ........................................ ............................... Schertz Unified Development Code H. Plat Recordation The property owner shall submit the approved replat, following any required revisions, to the City Manager or his/her designee, who shall cause the plat to be recorded in the property records of the county in which the land is located. Sec. 21.12.14 Reserved Sec. 21.12.15 Waivers A. General The Planning and Zoning Commission may authorize waivers from the provisions of this Article when, in its opinion, undue hardship will result from requiring strict compliance. In granting a waiver, the Planning and Zoning Commission shall prescribe only conditions that it deems necessary or desirable to the public interest. In making their findings, the Planning and Zoning Commission shall take into account the nature of the proposed use of the land involved and existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such waivers upon traffic conditions and upon the public health, safety, convenience, and welfare in the vicinity. Waivers shall not be granted unless the Planning and Zoning Commission finds: 1. That the granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area; and That the granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this UDC. Such findings of the Planning and Zoning Commission, together with the specified facts upon which such findings are based, shall be incorporated into the official minutes of the Planning and Zoning Commission meeting at which such waiver is granted. Waivers may be granted only when in harmony with the general purpose and intent of this UDC so that the public health, safety, and welfare may be secured and justice done. B. The Planning and Zoning Commission may establish a time period for execution of each granted waiver. C. Such findings together with the specific facts on which such findings are based shall be incorporated into the official minutes of the Planning and Zoning Commission meeting at which such exception is granted. D. Planning and Zoning Commission shall not authorize a waiver that would constitute a violation of a valid law, ordinance, code or regulation of the City. Formatted: DocInfo .0305 7818.3` 918-3 _ _.25 Article 12 — Subdivisions ........................................ ............................... Schertz Unified Development Code E. Any decision of the Planning and Zoning Commission regarding waivers to the provisions of this Article may be appealed to the City Council. When considering an appeal, the City Council shall consider the same standards as the Planning and Zoning Commission as outlined above. End of Article 12 Formatted: DocInfo .0305 350307918-3 _ _.26 Article 13 — Land Disturbing Activities and Drainage ........................................................................... ............................... Schertz Unified Development Code Article 13 Land Disturbing Activities and Drainage Sec. 21.13.1 Clearing and Grading A. No removal of trees, land clearing and grading shall occur without the required approvals and permits. Clearing and grading activity shall be limited to the limits of grading area identified on the approved grading plan. A clearing and grading permit is required by the City and can be applied for once the final plat has been approved by the Planning and Zoning Commission. B. All clearing and grading permits shall be reviewed by the City Engineer and Public Works Department and approved by the City Manager or his/her designee. C. The following shall be exempt from the requirement for clearing and grading pen-nit: 1. grading and clearing in emergency situations involving immediate danger to life and property or substantial fire hazards; 2. the removal of underbrush, dead trees or diseased or damaged trees which constitute a hazard to life and property based upon field inspection verification; and 3. grading and clearing practices associated with normal agricultural crop operations, excluding timber cutting. Sec. 21.13.2 Drainage A. Applicability. The provisions of this section shall apply to any capital improvement project, application for subdivision plat, master development plan, or building permit approval except as otherwise provided by this chapter. A stormwater management plan shall be provided as set forth in section 21.13.3. B. Stonmwater Management Program 1. Svstem Criteria a. All stormwater management facilities, or combination of facilities, shall be designed for ultimate development. Facilities with drainage areas less than one hundred (100) acres shall be designed for a twenty -five -year storm. Facilities with drainage areas over one hundred (100) acres or areas within a designated floodplain shall be designed for a 100 -year storm or a twenty -five -year storm plus. b. Freeboard (based on Table 21.13.2I) if that elevation is higher. Detention facilities and streets are exceptions to the frequency criteria cited above. Detention facility outflows will be designed Formatted: DocInfo C. H f. Article 13 — Land Disturbing Activities and Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code for five (5) year, twenty -five (25) year and one hundred (100) year frequency storms. Refer to subsection 3(g) for specific drainage design criteria for streets. Three (3) development conditions shall be analyzed for each development. i. Existing Conditions. This refers to current development conditions in the watershed and on -site. Use as the baseline analysis for determining the impact of development. ii. Proposed Conditions. This refers to existing conditions with the proposed development added. Use to determine if the increased runoff from the proposed development results in an adverse impact to other properties. iii. Ultimate Conditions. This refers to ultimate development conditions within the watershed used to design the drainage facilities. This condition may be used in -lieu of subsection (2) above, to determine if the increased runoff from the ultimate watershed development > results in an adverse impact to other properties. Responsibility to Accept Stormwater The owner or developer's of property to be developed shall be responsible for the conveyance of all stormwater flowing through the property. This responsibility includes the stormwater flowing onto the property by any other developed property as well as the drainage naturally flowing through the property by reason of topography. Future upstream development shall be accounted for by assuming ultimate development when sizing drainage systems as specified in this section. Overflow Pathways Stormwater management facilities for local drainage systems will be designed to ensure that a positive overflow pathway is provided to the nearest one hundred (100) year conveyance facility. The overflow pathway must be delineated on a plan that shows all existing structures in the vicinity impacted by the overflow pathway. Maintenance Maintenance of publicly owned facilities will be the responsibility of the City. Maintenance of private facilities is the responsibility of the property owner or the Formatted: DocInfo 2 Article 13 — Land Disturbing Activities and Drainage ........................................................................... ............................... Schertz Unified Development Code community association and must be specified in the maintenance schedule submitted to the City. A maintenance schedule for both publicly owned and privately owned facilities must be approved by the Director of Public Works prior to the approval of construction drawings. ii. Authorized personnel from the City shall conduct periodic inspections of these facilities and structures. Any required repairs will be consistent with current construction standards. Maintenance issues identified by the City or State during inspections shall be the responsibility of the current owner. g. New Development Peak stormwater runoff rates from all new development shall be less than or equal to the peak runoff rates from the site's predevelopment conditions for the five -year, twenty- five -year and one - hundred -year (100 yr) design storm events, except as provided in subsection B.1, above. h. Redevelopment Peak stormwater runoff rates from an area of redevelopment due to zoning or replatting shall be less than or equal to the peak runoff rates produced by existing development conditions for the five - year, twenty-five-year and one hundred (100) year design storm events, except as provided in subsection B.1, above. C. Method of Computing Runoff = 1. Calculation Methods a. For drainage areas less than 640 acres, the basis for computing runoff shall be the rational formula or some other method provided it is acceptable to the Director of Public Works. Hydraulic calculations shall be performed by using the U.S. Army Corps of Engineers HEC -2 "Water Surface Profiles" or HEC-RAS "River Analysis System" computer models. Normal depth channel calculations are permissible for constructed open channels with a uniform geometric cross section where (i) there is no potential for the water surface elevations to be controlled by backwater and (ii) the channel is not in a FEMA floodplain. b. For drainage areas 640 acres or greater, the basis for computing runoff shall be a unit hydrograph method, preferably the Soil Conservation Service (SCS) Dimensionless Unitgraph method as contained in the U.S. Army Corps of Engineers Hydrologic osoS 7818.3` rho y 3 Formatted: DocInfo Article 13 — Land Disturbing Activities and Drainage ........................................................................... ............................... Schertz Unified Development Code Engineering Center HEC -1 "Flood Hydrograph Package ", which document shall be maintained on file with the Director of Public Works and is hereby incorporated by this reference. For the SCS method, antecedent moisture condition II shall be used in the runoff model. Design rainfall values listed in Table 21.13.2E shall be used for hydrograph calculations. C. Open channel hydraulic calculations shall be performed by using the U.S. Army Corps of engineers HEC -2 "Water Surface Profiles" or HEC-RAS "River Analysis System" computer models, which documents shall be maintained on file with the Director of Public Works and is hereby incorporated by this reference. d. Certain watersheds have hydrologic and hydraulic models that are available through and maintained by the City. Developments proposed within the limits of these _watersheds must have the models updated by the consultant to reflect changes in flow, channel configuration (including alterations to vegetation) and channel structures. The consultants' models must use the same computer program that was used in the existing model e.g. HEC - RAS models will not be accepted where the original model used HEC -2. The updated models shall be submitted to the Director of Public Works for incorporation into the master models. The City will periodically update the master models to reflect current watershed development conditions. The updated models will be made available for use and distribution as the latest existing condition models for the watershed. .d (sheet) flow, shallow concentrated flow and channel e components that need to be considered in the calculation of concentration. The following methods are recommended of concentration calculation: b. Overland flow - flow over plane surfaces: Maximum allowable time is twenty (20) minutes. Minimum is five (5) minutes. The overland flow time chart from "Design" by Elwyn E. Seelye may be used to calculate overland flow times. Note that the minimum time has been reduced to five (5) minutes. C. Shallow concentrated flow - overland flow usually becomes shallow concentrated flow after a maximum of 300 feet: Use Manning's equation to estimate travel time for defined swales, bar ditches and street sections, etc. Figure 3 -1 from TR -55 "Urban Hydrology for Small Watersheds ", SCS 1986, may be used where a geometric section has not been defined. Formatted: DocInfo osoS 7818.3` rho y 4 Article 13 — Land Disturbing Activities and Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code d. Channel flow: Use existing computer models where available or Manning's equation if data is not available. Non- floodplain channel velocities for ultimate watershed development should not be less than six (6) fps when estimating time of concentration. 3. Runoff Coefficients Runoff coefficients (C value) for use in the rational formula shall not be less than the values shown in Tables 21.13.2A or 21.13.2B, as appropriate. Table 21.13.2A Runoff Coefficients Percentage Slope Character of Area Up to Over 1% Over 3% Flow 1% up to 3% up to 5% over 5% Business or commercial areas (90% or more 95 96 97 97 impervious), Existing Pavement / Buildings Slope Character of Area Densely developed areas (80% to 90% 85 88 91 95 impervious) over 5% Cultivated or Range (Grass Cover <50% of Closely built residential areas and school 75 77 80 84 sites 55 Range (Grass Cover 50-75% of Area) 37 41 Undeveloped areas* - Present land is 53 Forest or Ranee (Grass Cover >75% of Areal 35 39 undeveloped and ultimate land use is 68 70 72 75 unknown. C values for use in ultimate development calculations Large lot residential area 55 57 62 64 Undeveloped areas * - Existing conditions See Table 21.132E Average residentials area 65 67 69 72 * Areas included within parks, green belts; or regulatory floodplains shall be considered to remain undeveloped per Table 21.13.213. Table Runoff Coefficients i Percentage Slope Character of Area Up to Over 1% Over 3% Flow 1% up to 3% up to 5% over 5% Cultivated or Range (Grass Cover <50% of Area) 44 47 53 55 Range (Grass Cover 50-75% of Area) 37 41 49 53 Forest or Ranee (Grass Cover >75% of Areal 35 39 47 52 Formatted: DocInfo 5 Article 13 - Land Disturbing Activities and Drainage ........................................................................... ............................... Schertz Unified Development Code 4. Rainfall Intensity Use Table 21.13.2C to determine rainfall intensity. Duration Table 21.13.2C Rainfall Intensities (inches/hour) Frequency Minutes 2 -Year 5 -Year 10 -Year 25 -Year 50 -Year 100 -Year 500 -Year 1 6.94 8.00 8.84 9.99 11.09 11.92 13.55 2 6.69 7.72 8.53 9.67 10.69 11.53 13.24 3 6.45 7.46 8.24 9.36 10.31 11.15 12.93 4 6.22 7.21 7.95 9.05 9.95 10..79 12.62 5 6.00 6.96 7.68 8.76 9.60 10.44 12.30 6 5.79 6.73 7.42 8.48 9.27 10.10 11.98 7 5.59 6.50 7.17 8.20 8.95 _ 9.78 11.66 8 5.40 6.28 6.93 7.94 8.65 9.47 11.34 9 5.21 6.08 6.70 7.69 8.37 9.17 11.01 10 5.04 5.88 6.48 7.44 8.10 8.88 10.68 11 4.88 5.69 6.27 7.21 7.85 8.61 10.35 12 4.72 5.52 6.08 6.98 7.61 8.35 10.02 13 4.58 5.35 5.89 6.76 - 7.39 8.10 9.68 14 4.45 5.19 5.72 6.56 7:19 7.86 9.34 15 4.32 5.04 5.56 6.36 - 7.00 7.64 9.00 16 4.22 4.94 5.46 6.26 _ 6.89 7.53 8.89 17 4.12 4.84 5.36 6.16 6.79 7.42 8.78 18 4.03 4.75 - 5.27 6.06 6.68 7.31 8.68 19 3.94 4.66 5.17 5.96 6.58 7.20 8.57 20 3.85 4.56 5.08 5.86 6.48 7.09 8.47 21 3.76 4.48 4.99 5.77 6.38 6.99 8.36 22 3.67 4.39 4.90 5.68 6.28 6.88 8.26 23 3.59 4.30 4.82 5.59 6.18 6.78 8.16 24 3.51 4.22 4.73 5.50 6.09 6.68 8.06 25 3.43 4.14 4.65 5.41 6.00 6.58 7.96 26 3.35 4.06 4.57 5.33 5.91 6.49 7.86 27 3.27 3.98 4.49 5.24 5.82 6.39 7.76 28 3.20 3.91 4.41 5.16 5.73 6.30 7.67 29 3.13 3.83 4.33 5.08 5.64 6.21 7.57 30 3.06 3.76 4.26 5.00 5.56 6.12 7.48 31 2.99 3.69 4.19 4.92 5.48 6.03 7.39 32 2.93 3.62 4.12 4.85 5.40 5.95 7.30 33 2.87 3.56 4.05 4.77 5.32 5.86 7.21 34 2.81 3.49 3.98 4.70 5.24 5.78 7.12 35 2.75 3.43 3.92 4.63 5.17 5.70 7.03 36 2.69 3.37 3.86 4.56 5.09 5.62 6.94 37 2.64 3.31 3.80 4.50 5.02 5.54 6.86 Formatted: DocInfo 6 Article 13 - Land Disturbing Activities and Drainage ........................................................................... ............................... Schertz Unified Development Code Duration Table 21.13.2C Rainfall Intensities (inches/hour) Frequency Minutes 2 -Year 5 -Year 10 -Year 25 -Year 50 -Year 100 -Year 500 -Year 38 2.59 3.26 3.74 4.43 4.95 5.47 6.77 39 2.54 3.21 3.68 4.37 4.88 5.40 6.69 40 2.49 3.15 3.62 4.31 4.82 5.32 6.61 41 2.45 3.10 3.57 4.25 4.75 5.25 6.53 42 2.40 3.06 3.52 4.19 4.69 5.19 6.45 43 2.36 3.01 3.47 4.13 4.63 -- 5.12 6.37 44 2.32 2.97 3.42 4.08 4.57 5.05 6.29 45 2.29 2.92 3.37 4.02 4.51 4.99 6.21 46 2.25 2.88 3.33 3.97 4.45 -- 4.93 6.14 47 2.22 2.85 3.29 3.92 4.40 4.87 =_ 6.06 48 2.19 2.81 3.25 3.87 4 =.34 = -- 4.81 5.99 49 2.16 2.78 3.21 3.83 4.29==== =___ -- 4.76 5.92 50 2.14 2.74 3.17 3.78 4.24 4.70 5.85 51 2.11 2.71 3.13 3.74 4.19 4.65 5.78 52 2.09 2.69 3.10 3.70 4.15 4.60 5.71 53 2.07 2.66 3.07 3.66 410 4.55 5.64 54 2.06 2.63 3.04 3.62 4.06 4.50 5.58 55 2.04 2.61 3.01 3.59 4.02 4.45 5.51 56 2.03 2.59 2.99 3.55 3.98 4.41 5.45 57 2.02 2.57 2.96 3.52 3.94 4.37 5.38 58 2.01 2.56 2.94 3.49 3.91 4.33 5.32 59 2.00 2.54 2.92 3.46 3.87 4.29 5.26 60 2.00 2.53 2.90 3.43 3.84 4.25 5.20 120 1.10 1.54 1.83 2.21 2.50 2.78 3.48 180 0.86 1.19 1.41 1.68 1.88 2.08 2.53 240 0.70 0.97 1.13 1.33 1.50 1.65 1.99 360 0.51 0.71 0.83 0.98 1.09 1.19 1.41 720 0.28 - 0.39 0.46 0.55 0.61 0.67 0.81 1440 0.165 0.227 0.273 0.324 0.366 0.413 0.513 SCS,Curve Numbers The SCS curve numbers adopted for use by the City are shown in Table 21.13.21). The hydrologic soil groups are listed in the latest version of the United States Natural Resources Conservation Service [formerly the Soil Conservation Service], "Urban Hydrology for Small Watersheds ", Technical Release No. 55 (TR 55), which document is hereby incorporated by this reference. Soil types that relate to the hydrologic soil group may be found in the latest version of the United States Natural Resources Conservation Service Soil Surveys for Bexar, Guadalupe and Comal Counties, Texas which documents are hereby incorporated by this Formatted: DocInfo 7 Article 13 — Land Disturbing Activities and Drainage ........................................................................... ............................... Schertz Unified Development Code reference. Soil types may also be based on a Geotechnical Engineering Report. 6. Percent Impervious Cover The percent impervious cover for typical land use types in the City are presented in Table 21.13.2E. Table 21.13.2E Percent Impervious Cover by Land Land Use Category Table 1 Residential 1/8 acre Residential Lots, or garden or townhouse apartments, SCS Curve Number by Soil Type 1/4 acre Residential Lots Hydrologic Description SCS Curve Soil Group 25% Number 20% Soils having a low runoff potential due to high infiltration rates. 72-85% A These soils consist primarily of deep, well drained sand and 25 65-85% ravels. 98% Soils having a moderately low runoff potential due to moderate B infiltration rates. These soils consist primarily of moderately 55 deep to deep, moderately well to well drained soils with moderately fine to moderately coarse textures. ,. Soils having moderately high runoff potential due to slow C infiltration rates. These soils consist primarily of soils in which a 70 layer exists near the surface that impedes the downward.> movement of water or soils with moderately fine to fine texture. Soils having a high runoff potential due to very slow infiltration rates. These soils consist primarily of clays with high swelling D potential, soils with permanently high water tables, soils with a 77 clay pan or clay layer at or near the surface, and shallow soils over nearly impervious parent material. . 6. Percent Impervious Cover The percent impervious cover for typical land use types in the City are presented in Table 21.13.2E. Table 21.13.2E Percent Impervious Cover by Land Land Use Category Use Average Percent Impervious Cover Residential 1/8 acre Residential Lots, or garden or townhouse apartments, 65-85% 1/4 acre Residential Lots 38% 1/3 acre Residential Lots 30% 1/2 acre Residential Lots 25% 1 acre Residential Lots or 20% Industrial 72-85% Business or Commercial 85-95% Densely developed (apartments) 65-85% Streets, Roads, and Parking Areas 98% Formatted: DocInfo Article 13 - Land Disturbing Activities and Drainage ........................................................................... ............................... Schertz Unified Development Code Design Rainfall A twenty- four -hour (24 hr) rainfall distribution shall be applied for runoff calculations. Rainfall intensities as adopted for the City are given in Table 21.13.2F and should be used for HEC -1 input. The lag value for a subarea shall be calculated as 0.6 times the time of concentration. Duration Table 21.13.217 Design Rainfall Values (inches) Fre uenc Minutes/ Hours 5 -Year 10 -Year 25 -Year 50 Year 100 Year 500 -Year 5 minute 0.58 0.64 0.73 0.8 0.87 1.03 15 minute 1.26 1.39 1.59 1.75 1.91 2.25 60 minute 2.53 2.9 3.43 3.84 4.25 5.2 2 hour 3.08 3.66 4.42 4.99 5.57 6.95 3 hour 3.57 4.23 5.04 5.64 6.23 7.6 6 hour 4.26 4.99 5.89 6.52 7.13 8.47 12 hour 4.68 5.55 6.58 7.32 8.05 9.68 24 hour 5.45 6.55 7.78 8.78 9.91 12.75 S. Routing of Runoff Routing of the runoff hydrograph through the channel from one subarea calculation point to the next in the HEC -1 shall be computed using one of the following methods: a. Overbank/channel storage not significant: Use normal depth channel routing. b. Overbank/channel storage is significant: use the Muskingum method where a hydraulic model is not available. Use Modified Puls storage method where a hydraulic model is available to develop storage /out flow relationship. C. Kinematic wave method for channel reaches where inflow from overbank runoff or multiple point sources (Example: storm sewer outfalls) is significant and where hydrograph attenuation is insignificant. Channel routing methodologies currently being applied in the existing HEC -1 model of the watershed shall not be replaced with a different methodology without approval or direction from the Director of Public Works. Formatted: DocInfo 9 Article 13 — Land Disturbing Activities and Drainage ........................................................................... ............................... Schertz Unified Development Code Manning's Roughness Coefficient Manning's roughness coefficients ( "N" values) for use in routing methods or in hydraulic calculations shall be consistent with the values listed in Table 21.13.2G. Table 21.13.2G Roughness ,. Channel Description Manning's "N" Value Concrete Lined Channel 0.015 Grass Lined Channel with regular maintenance 0.035 Grass Lined Channel without recent maintenance 0.050 Vegetated Channel with trees, little or no underbrush 0.055 Natural Channel with trees, moderate underbrush 0.075 Natural Channel with trees, dense underbrush 0.090 Natural Channel with dense trees and dense underbrush 0.100 Overbank Description Manning's "N" Value Pasture 0.035 _ 0.055 Trees, little or no underbrush, scattered structures 0.060 -0.075 Dense vegetation, multiple fences and structures 0.075 — 0.090 The "N" value to be used in Manning's Formula shall conform to the following for design purposes: a. earth channels- -0.035 ied= channels- -0.015 concrete pipe- -0.013 )x culverts- -0.013 metal pipe: )aved' /z" corrugated- -0.024 laved one (1) inch corrugated- -0.027 iii. any other "N" value shall be based on generally accepted engineering principles. D. Drainage Easements /Rights -of -Way Where a subdivision is traversed by a watercourse, drainageway, natural channel or stream, there shall be provided an easement or right -of -way conforming substantially to the limit of such watercourse, plus additional width as outlined below. Formatted: DocInfo .0305 7818.3` 918-3 _ _.10 Article 13 — Land Disturbing Activities and Drainage ........................................................................... ............................... Schertz Unified Development Code Easement or right -of -way requirements are specified in the following subsections of this section for particular stormwater management facilities: a. subsection D.3 Natural Watercourses or Floodplains; b. subsection H.7.g Concrete Lined Channels; C. subsection H.8.c and 8.d Vegetated Earth Channels; d. subsection I.C.3 Storm Sewers. Easements for natural watercourses shall be the one hundred (100) year floodplain or the twenty- five -year plus freeboard (see Table 21.13.2I of this section) whichever is greater. In floodplain areas where ongoing maintenance is required or the floodplain will be reserved for use by the public, the drainage easements shall be maintained by a public entity and the property will be dedicated to the City as a multi -use drainage easement. A drivable access way shall be provided in floodplain easements for the length of the easement when regular maintenance of the floodplain is required. Diversion of stormwater; away from the natural watercourse will not be allowed except within the boundaries of the property controlled by the developer, provided that the diverted water is returned to the watercourse within which it would naturally have been flowing prior to 'leaving the developer's property. An analysis of the timing of the diverted hydrograph on watersheds greater than twenty (20) acres, as it reenters the receiving watercourse, must be performed to show that the peak flow rate in the receiving watercourse has not been increased as a result' of the diversion. 4. An unobstructed access right -of -way connecting the drainage easement with an alley or roadway parallel to or near the easement shall be provided at a minimum spacing of one (1) access right -of -way at approximately one thousand -foot intervals. The access right -of -way shall be a minimum of fifteen (15) feet in width and shall be maintained clear of obstructions that would limit maintenance vehicular access. If the flow line of the designed channel incorporates grade control structures or vehicular bridges that would prevent maintenance equipment from accessing that portion of the "channel, additional access points may be required. Channel design, earthen or concrete, shall have ramps in the side slopes near the access points that would allow maintenance equipment to descend to the floor level of the channel. The maximum allowable ramp slope for vehicular access is seven to one (7:1). Access points adjacent to roadways or alleys shall be provided with a post and cable feature with padlock to prevent unauthorized use. Formatted: DocInfo E. Article 13 — Land Disturbing Activities and Drainage ........................................................................... ............................... Schertz Unified Development Code Drainage easements crossing lots and property lines are highly discouraged. Where it is determined that this is appropriate, the drainage conveyance structure shall be constructed of concrete, and a statement shall be added to the plat that no fencing or structures that will interfere with adequate drainage flow will be allowed on or across such lines. Fencing may be allowed across drainage easements only in accordance with the following restrictions: a. Bottom of fence shall be a minimum of the flow depth, plus freeboard (see Table 21.13.2I of this section) above design flow line of channel or drain. b. A hinged gate will be placed across the entire width of the drainage easement. C. Fence posts located within the easement must be structurally designed to resist damage from the stormwater flows and impact from debris. d. A floodplain development permit will be required to construct a fence within an easement within the 100 -year floodplain. Interceptor drainage easements and channels shall be provided where the drainage area to the back of platted lots exceeds the depth of two (2) average residential lots. Interceptor drains shall be constructed prior to the issuing of building permits on any lot that would be affected by natural drainage, being intercepted. All developments shall provide for adequate drainage outfall at the lower end of the site into an existing street, alley, drainage, easements or right - of -way, or to the centerline of an existing natural drain. Where proposed street, storm sewer, or open channel does not discharge into a natural low or into an existing adequate drainage easement then facilities and drainage easements of adequate width to contain the design discharge shall be constructed and dedicated to the centerline of an existing natural low within the same watershed. However, where the natural low lies within the developer's property, the developer will be required only to plat an easement to the centerline of the natural low, provided that the easement is adequate to accommodate the facilities that will be built in conjunction with the future development of that property. Site Design and Grading All land disturbing or land filling activities or soil storage shall be undertaken in a manner designed to minimize surface runoff, erosion and sedimentation, and to safeguard life, limb, property and the public welfare in accordance with the TPDES General Permit TXR150000, as amended, and the document entitled "Complying with the Edwards Aquifer Rules; 350307918-3 _ _.12 Formatted: DocInfo .0305 Article 13 — Land Disturbing Activities and Drainage ........................................................................... ............................... Schertz Unified Development Code Technical Guidance on Best Management Practices," by Michael E. Barrett, Ph.D., P.E. Center for Research in Water Resources, Bureau of Engineering Research, University of Texas at Austin, (RG -348, June 1999), which documents are hereby incorporated by this reference. 2. Erosion and sedimentation controls in accordance with the specifications established by the Director of Public Works in compliance with the National Pollution Discharge Elimination System ( NPDES) permitting requirements for the City are required. 3. Projects shall not be considered complete until restoration has been made in accordance with NPDES requirements. 4. Where possible, multiple uses of drainage facilities and open space shall be incorporated by the owner or developer of a new subdivision. Alternative uses such as public recreation, horse/bike/hiking trails, walking paths, nature preserves, wildlife habitat areas, etc. are encouraged subject to the approval of the Director of Public Works. 5. A note must be placed on the plat for residential lots, which states that finished floor elevations must be a minimum of eight (8) inches above final adjacent grade. A grading plan shall be prepared and submitted to the City, which indicates typical lot grading for all lots in the subdivision using typical FHA lot grading types (A, B and C). A more detailed grading plan is also acceptable. For projects with an increased impervious area of greater than 0.1 acres, stormwater detention shall be required for all new developments or redevelopment of individual parcels of property to mitigate peak flow rates to predevelopment or existing development conditions as stated in sections 21.13.2.C.6 and 21.13.2.C.7 of this section. The maximum allowable outflow rate from the detention facility must be restricted to the flow rate from the undeveloped or existing development tract for the five -year, twenty -five -year and one - hundred -year frequency. Best management practices shall be used in the design of detention facilities in accordance with this section. The timing of the hydrograph released from the detention facility must be checked against the timing of the flow rate in the first open watercourse to prevent any increase in the peak flow rate in the receiving watercourse. For detention basins constructed in -line on an existing watercourse, the creation of the basin shall not increase flood elevations in the channel upstream of the new development boundaries. 2. On -site detention facilities must be privately owned and shall be maintained by the community association or property owner. A maintenance schedule shall be submitted to the public works department Formatted: DocInfo osoS 350307918-3 13 Article 13 — Land Disturbing Activities and Drainage ........................................................................... ............................... Schertz Unified Development Code and approved by the Director of Public Works prior to approval of construction plans. The City will have the right to do periodic inspections of privately owned and maintained detention facilities to ensure that the maintenance schedule is being implemented. Where a detention facility accepts flows from public facilities such as City rights -of -way, the detention facility will be considered a detention facility serving a public purpose and will be dedicated to the City upon completion and a drainage easement will be dedicated to provide for access to the facility. When a regional detention facility accepts flow from an area exceeding three hundred (300) acres, the facility shall be considered serving a public purpose and shall be dedicated to the City. 3. Multi -use facilities are encouraged, but not required (multi -use facilities allows for water quality, satisfy NPDES requirements, 'enhance around water recharge, provide open space, provide recreation or other amenities, and/or provide habitat) and may be utilized so long as the facility meets the standards set forth in subsection (B.l.a) of this section and does not increase the rate or volume of erosion above that which would result from the use of a facility without multiple uses. The use of multi -use detention facilities to alleviate existing flooding problems, enhance and provide amenities for older neighborhoods, and support the revitalization of economically depressed areas is encouraged in public and private redevelopment initiatives. 4. Stormwater retention with permanent wet pool or pumped detention systems will not be acceptable methods of stormwater mitigation unless the facility will remain privately owned, operated, and maintained. The City will approve the use of a pumped facility for private use under the a. A gravity system is not feasible from an engineering and economic b. At least two (2) pumps are provided each of which is sized to pump the design flow rate. C. The selected design outflow rate must not aggravate downstream flooding. d. Controls and pumps shall be designed to prevent unauthorized operation and vandalism. e. Adequate assurance is provided that the system will be operated and maintained on a continuous basis. 5. Stormwater detention facilities shall be located in topographically depressed areas where possible. When necessary, dams may be Formatted: DocInfo osoS 350307918-3 14 Article 13 — Land Disturbing Activities and Drainage ........................................................................... ............................... Schertz Unified Development Code constructed to detain flows. All proposed dams shall conform to the following items: a. All dams over six (6) feet above existing natural around shall be approved by the Dam Safety Team of the Texas Commission on Environmental Quality (TCEQ) for safety. All other new dams shall be designed in accordance with acceptable design criteria as approved by the Director of Public Works, or his authorized representative. b. All hydrology and hydraulic properties of a dam will be reviewed by the Department of Public Works with regard to spillway design, freeboard hydraulics, backwater curves and downstream effects due to the dam site. C. The spillway section of any earthen dam with a height greater than six (6) feet shall be large enough to pass a PMP (probable maximum precipitation) flood, as defined by the NRCS, without overtopping the crest of the dam in accordance with TCEQ regulations. d. A 100 -year frequency flood shall be routed through the proposed dam and all land subject to flooding shall be dedicated as drainage easement or right-of-way. An unobstructed fifteen -foot access easement around the periphery of the flooded area shall be dedicated as drainage easement for facilities that require regular mowing or other ongoing maintenance, at the discretion of the Director of Public Works. An unobstructed fifteen -foot access right-of-way shall be established which connects the drainage easement adjacent to the dam structure to a road or alley. e. Development below existing dams will take into account the original design conditions of the existing dam. Dam breach analysis checks will be required, dependent upon location of development with respect to dam site. f. All spillway discharges shall be adequately routed to the centerline of the natural low below the dam site. The adequate routing of spillway discharges pertains to the hydraulic routing of the one hundred (100) year frequency flood for dedication of drainage easement limits. Probable maximum precipitation (PMP) defined PMP on definition section flood routing or breaches will only be considered for safety considerations (that is, the placement of building and the setting of minimum floor slab elevations below the dams). Any proposed concrete dam structure need not have spillway capable of routing a PMP flood, however, it shall be shown to be structurally capable of withstanding any range of Formatted: DocInfo 15 G. Streets Article 13 — Land Disturbing Activities and Drainage ........................................................................... ............................... Schertz Unified Development Code flood conditions with regard to possible failure due to sliding, overturning, and structural integrity, up to and including the PMP flood. Generally a. Design of streets shall consider public safety and limit potential conflicts between stormwater conveyance, traffic, parking, pedestrian access, ADA requirements, and bicycle traffic. b. Streets draining a watershed greater than one hundred (100) acres must be designed for the one hundred (100) year frequency storm. C. Streets may be used for stormwater drainage only if the calculated stormwater flow does not exceed the flows outlined in the Public Works Department Specifications Manual or the velocity does not exceed ten feet (10') per second. d. Where streets are not capable of carrying stormwater, as outlined above, inlets or curb openings discharging to drainage channels or storm sewers shall be provided. Partial flow past the inlet will be allowed when the capacity of all downstream street systems can accommodate the flow. not be widened beyond the width as determined ficaton for drainage purposes. -r conveyance on streets shall be designed to account for ative impact of peak flows and runoff volumes on the the stormwater progresses downgrade. for driveways on all streets shall be designed for y with the stormwater conveyance function of streets. Potential flooding problems or conflicts at the connection points where new or modified drainage systems (including streets, storm sewers, etc.) and the existing portions of the downstream street system and stormwater conveyance system shall be identified and resolved either in the design of the new or modified drainage system or in modifications to the existing system. Dwelling units located on the downhill side of a T- intersection with a street or drainage channel discharging onto the intersection shall be sited so as to avoid obstruction of the drainage patterns. Formatted: DocInfo .0305 350307918-3 _ _.16 0 Article 13 — Land Disturbing Activities and Drainage ........................................................................... ............................... Schertz Unified Development Code 2. An arterial street is a street so designated on the current Master Thoroughfare Plan. One (1) lane in each direction on arterial streets shall remain passable with a flow depth not to exceed 0.30 feet during a twenty - five -year storm event. The maximum depth of water in the street section must not exceed seven (7) inches (the height of a standard City curb). 3. A maximum flow depth to the top of curb on a collector street section will be allowed during a twenty- five -year storm event. A collector street is a street with a width of forty -two (42) feet or more and not shown as an arterial street on the current Master Thoroughfare Plan. 4. Local Streets. Local streets shall be designed on a basis of a five -year frequency. A twenty- five -year frequency storm must be contained within the street right -of -way. 5. Alleys shall be designed for five -year frequency within the limits of the alley pavement /curbs and twenty -five -year frequency within the right -of- way /easement to carry stormwater. 6. All- Weather Crossings a. Where streets cross existing or proposed watercourses, all weather crossings shall be `required. Culverts or bridges shall be adequate to allow passage of the design storm identified in section 21.13.2.B.1. b. All crossings, culverts and bridges shall be designed for an H -20- 44 or HS 20 loading. C. Dangerous conditions for existing crossings are defined by the Public Works Department Specifications Manual (Dangerous Conditions on Crossing during Floods). This section addresses proposed improvements or modifications to drainage channels and watercourses required to convey stormwater runoff from or through the proposed development. Refer to section 21.13.2.B.1 for storm frequency Except as authorized by a development plan approved by the Director of Public Works or his/her designee, no person shall place or cause to be placed any obstruction of any kind in any watercourse within the City and its ETJ. The owner of any property within the City, through which any watercourse may pass, shall keep the watercourse free from any obstruction not authorized by a development plan. 2. Channel Modifications a. Modifications to existing watercourses or newly created open channels may be designed as earth channels, sod channels or as Formatted: DocInfo .0305 350307918-3 _ _.17 Article 13 — Land Disturbing Activities and Drainage ........................................................................... ............................... Schertz Unified Development Code concrete lined channels. Liners other than sod or concrete which enhance the aesthetics or habitat value of the watercourse and which reduce future maintenance requirements are encouraged. Preliminary planning for the applicability of other channel liners shall be reviewed with the Director of Public Works or his/her representative prior to the submittal of construction plans for approval. b. Runoff that results from upstream development and is discharged to an unimproved waterway can cause flood damage to properties adjacent to the waterway. Natural undeveloped waterways do not receive regular maintenance. Design of natural waterways shall take into consideration fluvial geomorphologic principals and practices. Consulting engineers and development review officials shall work to resolve potential downstream impact issues. Design of new channels or alterations to existing channels shall consider future maintenance requirements. A maintenance schedule for any private channel shall be submitted to and approved by the Director of Public Works prior to approval of construction plans. Maintenance requirements of concrete channels consist of de silting activities, prevention of vegetation establishment in construction joints, and repair of concrete as necessary. Maintenance of earthen channels includes regular observation and repair, as necessary, of erosion, scouring, and removal of silt deposits, as necessary to maintain design = parameters. Developers shall be responsible for maintaining newly planted channels until coverage is established throughout eighty -five percent (85 %) of the area. This area shall include slopes, floor, and any attendant maintenance easement. New earthen channels shall be planted with drought resistant, low growth, native species grasses, which will allow unobstructed passage of floodwaters. Johnson grass, giant tagweed and other invasive species shall not be allowed to promulgate in channels. Suggested species shall include, but not be limited to, common Bermuda, coastal Bermuda, buffalo grass, sideoats grama, seep Muhly, little bluestem, and Indian grass. Mowing frequencies vary with the vegetation growth rates, but is required when the grass exceeds the design roughness coefficient of the channel. 4. Planned multiple -use of a watercourse is allowed (e.g. bike paths or greenbelt). If multiple use of the watercourse is to be incorporated, the applicant shall form a property owners' association that shall assume maintenance responsibility for private amenities. The appropriate government agency will be responsible for maintenance of public amenities. The applicant shall provide overlay easements for public or private use. Table 21.13.2H shall be used to determine maximum permissible channel velocity. Formatted: DocInfo Article 13 — Land Disturbing Activities and Drainage ........................................................................... ............................... Schertz Unified Development Code a. Where velocities are in the supercritical range, allowance shall be made in the design for the proper handling of the water. b. Ensure that the channel will contain the hydraulic jump (sequent depth) throughout the extent of the supercritical profile. An exception to this criterion is where concrete lined lateral channels discharge down the side slopes of channels. These channels may be designed for normal depth plus freeboard provided velocity controls are.. established at the main channel flow line. grade of the channel will not result in existing or proposed lateral facility 6. Retard spacing shall be computed as follows when using the City standard retard section Table in the Public Works Department Specifications Manual and the following equations: L = 1.0' (S 1 - S2) Where: L ` Distance required between retards in feet. S1 = Actual slope of channel in ft. /ft. S2 = Slope of proposed channel for maximum permissible velocity established from Table 21.13.2D, i.e.: and S2 = [(NV) (1.486R 2/3 )] 2 Where: V = maximum permissible velocity established from Table 21.13.2H N =.035R = area /wetted perimeter Formatted: DocInfo .0305 7818.3` 918-3 _ _.19 Table 21.13.2H Velocity Control Type of Facility Hydraulic Correction Maximum Velocity (fps) Required Radius (ft.) Factor Permissible Velocity (fps) 0 - -1 0.8 5 1 to 6 1 - -3 0.9 5.5 (Maximum Vegetated 3 - -5 1.05 6.3 Average Earthen Channel 5 - -8 1.15 6.9 Velocity = 6 fps) 8 - -10 1_.225 7.35 Over 10 1.25 7.5 6 to 8 Concrete Retards NA NA NA Concrete Lining > 8 or Drop NA NA NA Structures a. Where velocities are in the supercritical range, allowance shall be made in the design for the proper handling of the water. b. Ensure that the channel will contain the hydraulic jump (sequent depth) throughout the extent of the supercritical profile. An exception to this criterion is where concrete lined lateral channels discharge down the side slopes of channels. These channels may be designed for normal depth plus freeboard provided velocity controls are.. established at the main channel flow line. grade of the channel will not result in existing or proposed lateral facility 6. Retard spacing shall be computed as follows when using the City standard retard section Table in the Public Works Department Specifications Manual and the following equations: L = 1.0' (S 1 - S2) Where: L ` Distance required between retards in feet. S1 = Actual slope of channel in ft. /ft. S2 = Slope of proposed channel for maximum permissible velocity established from Table 21.13.2D, i.e.: and S2 = [(NV) (1.486R 2/3 )] 2 Where: V = maximum permissible velocity established from Table 21.13.2H N =.035R = area /wetted perimeter Formatted: DocInfo .0305 7818.3` 918-3 _ _.19 Article 13 — Land Disturbing Activities and Drainage ........................................................................... ............................... Schertz Unified Development Code Concrete Lined Channels The design of concrete lined channels shall comply with the following general requirements: a. Freeboard consistent with Table 21.13.2I will be applied to the twenty- five -year design. b. From the top of the concrete lining to the top of the ditch, a side slope not steeper than three (3) horizontal to one (1) vertical shall be required; nor shall the slope be less than twelve to one (12:1). C. For normal conditions, the concrete lining shall be a minimum of five inches (5 ") thick and reinforced with No. 3 round bars at twelve inches (12 ") on center each way. Where surcharge, nature of ground, height and steepness of slope, etc., becomes critical, design shall be in accordance with latest structural standards. All concrete lining shall develop a minimum compressive strength of not less than three thousand (3,000) pounds per square inch in twenty -eight (28) days. The depth of all toe downs shall be thirty - six inches (36 ") upstream, twenty-four inches (24 ") downstream, and eighteen inches (18 ") for side slopes. The City's construction inspector may permit an eighteen inch (18 ") toe down in rock subgrade in lieu of the , above toe down requirements. The horizontal dimensions of toe downs shall not be less than six 1 concrete riprap side slopes shall be one and one -half (1 -7ontal to one (1) vertical, unless soil tests made by a cal engineer show that a greater slope, or a special ill be stable. Where vehicular traffic may travel within a L distance equal to one -half (1/2) the vertical rise of the two foot (2') surcharge load shall be included in the Fencing will be required adjacent to the channel where channel vertical wall heights exceed two feet (2'). Fencing will also be required adjacent to the channel where channel side slopes exceed two to one (2:1) and the channel depth is greater than two feet (2'). The fencing must not cause sight distance problems for motorists. Vertical walls will not be permissible for depths greater than two feet (2') unless properly fenced or enclosed. Walls will have a minimum thickness of six inches (6 "). g. Easements or rights -of -way for concrete lined channels shall extend a minimum of two feet (2') on both sides of the extreme limits of the channel. `Extreme limits" of the channel shall mean _.20 Formatted: DocInfo Article 13 — Land Disturbing Activities and Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code the side slope intercept with the natural ground or proposed finished ground elevation. h. A minimum "n" value of roughness coefficient of 0.015 shall be used for a wood float type surface finish. This "n" value is as used in Manning's formula. S. Vegetated Earth Channels a. Freeboard consistent with Table 21.13.21 will be applied to the twenty five (25) year design. b. The side slope shall_ not be steeper than three (3) horizontal to one (1) vertical. C. Easements or rights-of-way for improved earth channels shall conform to the requirements stated in subsection (d) of this section and shall extend a minimum of two feet (2') on one (1) side and fifteen feet (15') for an access road on the opposite side of the extreme limits of the channels when such channels do not parallel and adjoin an alley or roadway. When such channels do parallel and adjoin an alley or roadway, the easement or right -of -way shall extend a minimum of two feet (2') on both sides of the extreme limits of the channel. Where utilities are installed in the access road of the drainage right -of -way, the right -of -way shall extend two feet (2') on one (1) side and seventeen feet (17') on the opposite side of the design limits of the channel. These seventeen feet (17') are to provide an access way along the channel with a maximum cross slope of one inch (1") per foot toward the channel. Where designed channel bottoms exceed one hundred feet (100') in width, the fifteen foot (15') extra width shall be provided on both sides of the channel. d. Interceptor drainage easements shall extend a minimum of two (2) feet on both sides of the extreme limits of the channel. Refer to Table 21.13.2E. Improved earthen channels will be vegetated by seeding or sodding. Eighty -five percent (85 %) of the channel surface area must have established vegetation before the City will accept the channel for maintenance. _.2.1 Formatted: DocInfo I. Article 13 — Land Disturbing Activities and Drainage ........................................................................... ............................... Schertz Unified Development Code 9. Freeboard Allowance for extra freeboard shall be made when the centerline radius of the channel is less than three (3) times the bottom width. Where sharp bends or high velocities are involved, the applicant shall use the following formula for computing the extra freeboard: d2 - dl = V 2 (T + B) 2gR Where: dl = depth of flow at the inside of the bend in feet. d2 = depth of flow at the outside of the bend in feet.____ B = bottom width of the channel in feet... V = the average approach velocity in the channel in feet per second. T = width of flow at the water surface in g = 32.2 feet /second R = the center line radius of the a. The quantity d2 — dl divided by two (2) shall be added to the normal depth of flow before adding the required freeboard in calculating required right- of -wav widths. b. Where sharp turns are used without curved sections, the depth rewired shall be large enough to provide for all head losses. Allowance shall be made for any backwater head that may result. C. For normal design conditions no extra freeboard is required. An accepted rule of thumb to follow is this: Centerline radius of channel should be at least three (3) times the bottom width. 1. For all ordinary conditions, storm sewers shall be designed on the assumption that they will flow full under the design discharge; however, whenever the system is placed under a pressure head, or there are constrictions, turns, submerged or inadequate outfall, etc., the hydraulic and energy grade lines shall be computed and plotted in profile. In all cases adequate outfalls shall be provided and the system adequately designed. 2. No storm sewers shall be less than twenty -four inches (24 ") in diameter. 3. Minimum easement widths for storm sewers will be the greater of fifteen feet (15') or six feet (6') on both sides of the extreme limits of the storm 350307918-3 _ _.22 Formatted: DocInfo .0305 Article 13 — Land Disturbing Activities and Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code sewer width (e.g. the easement width for a three (3) barrel ten -foot wide box culvert with six inch (6 ") walls would be (3 x 10') +(4 x 0.5') +(2 x 6') = 44'). J. Inlets and Openings 1. Drop Curb Openings - Sidewalk Does Not Abut Opening Where drop curb openings are used to take stormwater off the streets and into drains, the length of the curb opening can be calculated from the weir formula using the coefficient of 3.087 in the following formula: L =Q =Ch 3/2 Where: L = the length of drop curb o Q = amount of flow in CFS based on C = 3.087. h = hea( Gutter L hamper inlet star 2. Curb or 3. the appr the Direct( are based i considered in design such depressions will not exposure, conform to City and inlets with adequate designs shall be subject to rvices in consultation with ublic Works. The following formulas for inlet capacity inlets in sag points. Inlet capacities on grades will be the amount of which depends on street grades, slopes, depressions, etc. The flow of water through grate openings may be treated as the flow of water through a rectangular orifice. The following formula may be used for determining grate capacity: Q = CA (2gh) 1/2 Where: Q = discharge in cubic feet per second. C = orifice coefficient of discharge (taken as 0.70). g = acceleration due to gravity (32.2 ft. /sec.2). Formatted: Docmfo oso5 7818.3` r 23 A. Article 13 — Land Disturbing Activities and Drainage ........................................................................... ............................... Schertz Unified Development Code h = head on the grate in feet. A = net area of the openings in the grate in square feet. This formula gives the theoretical capacity of the grate inlet. Since grate inlets are subject to considerable clogging, capacity of the grate inlet will be taken as one -half (1/2) on the value given by this formula. 4. Curb Opening Inlets The capacity of curb opening inlets will depend on whether or not the opening is running partially full or submerged. If the depth of flow at the curb opening inlet is such as to cause a partially full opening, a weir effect will develop and the following formula will apply: Q = CwL(h) 3/2 Where: Q = the discharge of capacity in cubic feet per second. Cw = the weir coefficient of discharge (3.087). L = the length of curb opening in feet. h = the head or depth of water at the opening in feet If the depth of flow at the curb opening is such as to fully submerge the opening, the orifice effect will develop and the formula used shall be identical to that given under grate inlets with the exception that the head (h) on the curb opening orifice shall be taken as the depth from the top of the water surface to the center of orifice or opening; one hundred percent (100 %) efficiency will be allowed for curb opening inlets. ater Manaeement Plan of Copies The applicant shall provide two (2) blue -line or black -line copies of the plat together with two (2) copies of construction drawings. Format Plats shall be drawn in India ink on Mylar on sheets eighteen inches (18 ") wide and twenty -four inches (24 ") long, with a margin of two and one -half inches (2 ''/2 ") on the left side of the sheet, and appropriate margins on the other three (3) sides. Plats shall be drawn at a scale of one hundred feet (100') to one inch (1 ") unless a smaller scale is approved by the City Formatted: DocInfo osoS 350307918-3 24 Article 13 — Land Disturbing Activities and Drainage ........................................................................... ............................... Schertz Unified Development Code Manager or his/her designee. Plats which include one -half (1/2) acre or less in area shall be drawn at a scale of fifty feet (50') to one inch (F). Where more than one (1) sheet is necessary to accommodate the entire area to be subdivided, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat. Contents To standardize the review process and minimize the time for approval by the City during review of the plat and construction drawings for a subdivision, a complete submittal regarding the analysis of existing drainage conditions and the design of modifications or new drainage facilities is necessary. The owner of the property to be developed is required by the Director of Public Works to provide, at the owner's expense and as a condition of construction plan approval, a stormwater management report for the total development area to be ultimately constructed. The stormwater management report shall contain all of the necessary support data, methodologies used in calculations, and conclusions. A checklist is below that will be used by the City reviewer as a guide during the evaluation of all stormwater management reports submitted to the City. The purpose of the checklist is to expedite the review process for both the engineer and the City, and to aid the engineer in the preparation of reports for the City's review. The stormwater management report shall be submitted to the Director of Public Works through the City Manager or his/her designee prior to approval of any The stormwater; management plan shall include two (2) copies of a written report that includes the following information, as applicable: a. a vicinity map of the site and affected reach of the outfall channel; map of the area and the outfall channel with all pertinent )hic information; a watershed map showing the existing and proposed drainage area boundary along with all sub area delineations and all areas of existing and proposed development; d. discharge calculations specifying methodology and key assumptions used including a table of discharges at key locations; e. hydraulic calculations specifying methodology used, assumptions and values of the design parameters; Formatted: DocInfo _.25 Article 13 — Land Disturbing Activities and Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code f. profiles of the affected channels, including water surface elevations for the specified design frequencies, all existing and proposed bridge, culvert and pipeline crossings, the location of all tributary and drainage confluences, and the location of all hydraulic structures; g. detention basin design calculations, including those used for design of the control structure; h. right -of -way and easement requirements, and a map showing locations of all rights -of -way and easements; i. a soils report which addresses erosion and slope stability of new or altered channels and detention facilities; j. a computer diskette of all existing and proposed condition HEC -1 and HEC -2 models used in analysis; and k. a checklist for the submittal package is included as section 21.13.3 B below. A checklist for the preparation of a HEC -2 model is included as section 21.13.3.0 below. B. Subdivision Drainage Checklist 1. U.S.G.S.,` Quadrangle leap showing overall drainage areas, runoff coefficients, time of concentration, intensity and Qs. 2. Subdivision Master Drainage Plan with overall interior drainage area of subdivision showing drainage area, time of concentration runoff coefficients, intensities, and Qs for the street and alley flows and also channel and underground system design. 3; Subdivision plat showing interior drainage areas, time of concentration, runoff coefficients, and intensities, Qs for street and alley flows and also channel and underground system design. 4. Drainage Calculations Required For: a. Open channel design b. Underground systems C. Box culverts d. Pipe culverts e. Hydraulic jump f Super elevation in channel bends Formatted: DocInfo .0305 350307918-3 _.26 Article 13 — Land Disturbing Activities and Drainage ........................................................................... ............................... Schertz Unified Development Code g. Retard spacing h. Backwater curves with cross sections i. Draw down curves with cross sections j. Energy dissipaters k. Hydraulic grade lines of pipes 1. (1) Inlets on grades (2) Inlets in sump M. Drop curb openings n. Sidewalk culverts o. AR2 /3 calculations with cross sections P. Weir formulas structures q. Orifice fonnulas r. Grade to drain channels = S. Upstream pickup and flared section t. Downstream backwater control and flare to match U. Show required free board V. - Improper "N" value W. Improper velocity used X. Improper easement width Y. Show access road on each sodded channel Z. Improper runoff coefficient used aa. Improper time of concentration used bb. Improper Qs used cc. Steel calculations for box culvert Formatted: DocInfo _.27 Article 13 — Land Disturbing Activities and Drainage ........................................................................... ............................... Schertz Unified Development Code dd. Street Qs for 5 yr.(30' street) and 25 yr. (greater than 44' street) frequency showing street capacities are correct based on Figure IX in Subdivision Regulations 5. Subdivision Plat showing all interior drainage easements, outfall drainage easements, U.S.G.S. contour map and all other necessary drainage information a. Show outfall drainage easements to the centerline of existing natural low b. Show finished fill contours C. Show interceptor drainage easements 6. Typical Details Required on Plains for: a. Box culvert with headwalls or wing walls b. Pipe culverts with headwalls or wing walls C. Culvert headwalls shown with proper safety measures d. Drop curb openings e. (I) Inlets on grade (2) Inlets on sump M. n. o. P. Sidewalks over drains Guard post installations Guard rail on structures Header curb Energy dissipaters Junction boxes Concrete lined channels with free board Earth sodded channels with free board Other concrete structures: Formatted: DocInfo .0305 350307918-3 _ _.28 Article 13 — Land Disturbing Activities and Drainage ........................................................................... ............................... Schertz Unified Development Code q. Grade to drain sections r. Transition sections S. Fencing for vertical wall channels greater than 2' deep t. Other: U. Side slope V. Note: Adjacent lots shall be graded to provide access and drainage to adjacent street and drainage systems. 7. Complete Street Plans and Profiles S. Complete Drainage Plan and Profile Including the Following Requirements: a. Proposed Fowline slopes with grades and elevations shown every 50' in profile' b. Proposed top of C. Existing ground right and left profile at property line d. Finished fill profiles k. 1. In. n. and size of culverts Drop Grade to drain profiles Flowline elevations at every 50' station and at each ind change in grade Junction boxes Channel plan views Channel sections Pipes with hydraulic grade lines on profile Cross sections of existing natural channels or lows which are not to be improved, but left in natural state and dedicated to high water calculated Formatted: DocInfo _.29 A Article 13 — Land Disturbing Activities and Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code o. Angles, bearings, distances, etc., for structures, channels, etc. P. Lot grading layout drains q. Culvert structural details 9. Unit and Storm Hydrographs For Major Streams (Over 2,000 acres) 10. Drainage Easements to the Centerline of Natural Low 11. Cost Estimate 12. Engineer's Seal 13. Other HEC -2 Submittal Checklist Floodplain submittal checklist supersedes this attachment for projects in the FEMA Floodplain. Project Engineer Stream Date The purpose of this checklist is to aid the engineer in the preparation of HEC -2 pedite the City of Schertz review procedure. 2. Narrative iigned, sealed, and dated by a engineer certified to e State of Texas igned checklist /2" diskette with all input files "opy of condensed printouts a. Table of Contents b. Abstract or executive summary C. Introduction d. Project description and history Formatted: DocInfo osoS 350307918-3 30 Article 13 — Land Disturbing Activities and Drainage ........................................................................... ............................... Schertz Unified Development Code e. Location f. Scope and objective of analysis g. Previous and related studies that may affect this .rri.rairr-. h. Methodology i. Sources of discharges j. Bridge routines k. Base or effective models (mention source) 1. Revised -base model m. Proposed model n. Summary, conclusions, and reeommendati o. 3. Tables a. table table at each cross section C. Cross section numbering table (if stationing changes) d. Exhibits e. Vicinity map f. Plan view of project reach g.' Water surface profiles for design storm . Channel cross sections showing limits of drainage easements and property lines i. Bridge cross sections j. Plan view of bridge k. Photographs (if available) Formatted: DocInfo osoS 7818.3` rho y 31 4. z Article 13 — Land Disturbing Activities and Drainage ........................................................................... ............................... Schertz Unified Development Code Appendices a. Pertinent correspondence (meeting notes, etc.) b. Survey and/or Certified "As- Built" information for all revisions to base model C. Sample calculations Name of submitter Date Certification. The stormwater management report must include a letter signed and sealed by a professional engineer'' with text descriptions, exhibits, calculations and models. The stormwater management plan shall include a performance bond executed as follows: "State of Texas County of KNOW ALL PERSONS BY THESE PRESENTS: That we, , the undersigned developer as principal, and , as surety, do hereby, acknowledge ourselves to be held and firmly bound unto the City of Schertz, a municipal corporation of the State of Texas, in the full and just sum of $ , for the payment of which will and truly to be made, we hereby bind ourselves and our respective heirs, administrators, executors and assigns jointly and severally, firmly by these presents. Whereas, the principal had petitioned the Floodplain Administrator of the City of Schertz for permission to within the jurisdiction of the City of Schertz which is shown on plans entitled _ and which is more particularly described as follows, to wit: , plans and a floodplain development permit for such t were approved by the Floodplain Administrator; and WHEREAS, the Floodplain Ordinance of the City of Schertz requires that the site improvements set out below be completed by the principal in conformance with the standards established by that ordinance within three (3) years of the date on which the Floodplain Development Permit was approved and WHEREAS, the aforesaid ordinance requires that a guarantee of performance that such site improvements will have been completed and Formatted: DocInfo osoS 350307918-3 32 Article 13 — Land Disturbing Activities and Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schertz Unified Development Code will have been accepted by the City within three (3) years of the date on which the Floodplain Development Permit was approved; and WHEREAS, the undersigned developer has elected to provide to the City of Schertz such a guarantee of performance; NOW THEREFORE, the condition of this obligation is such that if the principal shall, on or before the day of , 20 , construct or cause to be constructed the above mentioned improvements in accordance with the requirement of the City of Schertz Floodplain Ordinance, then this obligation shall be void; otherwise the obligations under this bond shall remain in full force and effect. IN TESTIMONY WHEREOF, WITNESS OUR HAND AND SEAL this day of , 20 DEVELOPER AND PRINCIPAL BY: TITLE: BY: ATTORNEY -IN -FACT �EPTED THIS CITY TITLE: CITY MANAGER day of , AS TO FORM: CITY ATTORNEY" D. P.E. Registration Number End of Article 13 Formatted: DocInfo osoS 350307918-3 33 Article 13 — Land Disturbing Activities and Drainage ........................................................................... ............................... Schertz Unified Development Code Formatted: DocInfo osoS 7818.3` r 34 Article 14 — Transportation ........................................ ............................... Schertz Unified Development Code Article 14 Transportation Sec. 21.14.1 Streets A. Street Layout The arrangement, extent, character, width, grade and location of all streets shall conform to the Master Thoroughfare Plan and the Comprehensive Land Plan. Collector streets shall provide adequate circulation within the neighborhood and yet discourage through traffic. The street layout shall be arranged to achieve the most desirable development of the entire neighborhood unit with appropriate consideration of creeks, drainage channels, wooded areas and other topographical features, which lend themselves to special treatment. Permits must be obtained from TxDOT for driveways and streets accessing any State highway. The proposed location of driveways must comply with all applicable City and State safety requirements. B. Relation to Adjoining Streets Adjoining areas shall be continued and tied into the street layout. C. Projection of Streets When adjoining properties are not yet subdivided, the arrangement of streets shall provide for the proper projection of streets into the adjoining unsubdivided areas, and will be required to comply with the neighborhood pattern or conform to the Comprehensive Land Plan. D. Private Streets 1. Private streets within the City may be authorized providing all of the following conditions are met: a. A homeowners association is established to maintain and upkeep all streets in a subdivision in accordance with the City's public street standards, to include the mowing of shoulders and rights -of- way, removal of weeds and unclogging of culverts. b. Private streets are constructed in accordance with the City's standards for public streets. C. The following "maintenance agreement" note will appear on the subdivision plat: "Streets within this subdivision shall be constructed in accordance with the City of Schertz public streets standards. The upkeep and maintenance to include the mowing of shoulders and rights -of- way, removal of weeds and unclogging of culverts shall be the Formatted: DocInfo E. G I:1 Article 14 — Transportation ........................................ ............................... Schertz Unified Development Code responsibility of the homeowners association. The City of Schertz is released from any liability for these streets. Periodic inspection by a public official who is authorized to enforce complaints about poor maintenance is permitted." d. Provide access for fire protection, ambulance, police, school bus, garbage service and other utility agencies. One Residence A private street or road serving only one (1) residence is exempt from construction and maintenance standards for public streets. Ingress /Egress Private streets shall connect directly to a public street or road. Dead -End Streets and Cul -de -Sacs I. Dead -end streets shall be prohibited, except as short stubs projected to be continued in future subdivisions in conformance with Paragraph C of this section when designed as cul-de-sacs. Temporary turnarounds shall be provided on projected streets until such time as they are extended. 2. Cul -de -sac streets shall not exceed 500 feet in length and shall have a turnaround of not less than 150 feet in diameter of ROW in single - family residential areas, 150 feet in diameter of ROW in multi - family areas and not less than 200 feet in diameter of ROW in commercial and industrial areas. This provision may be modified upon approval of the Fire Chief and City Engineer. The alignment of all arterial and collector streets shall conform to the Comprehensive sand Plan and the requirements of the Public Works Specifications Manual. Collector street alignment shall meet the requirements of the Public Works Specifications Manual and in no case shall street jogs be offset less than 150 feet on centerline. Intersections The curb radius at street intersections shall conform to the specifications in the Public Works Specifications Manual. Street Names and Street Numbers Names of new streets shall not duplicate the names of existing streets within the City and its ETJ unless the new street is a continuation of or part of a future 2 Formatted: DocInfo Article 14 — Transportation ........................................ ............................... Schertz Unified Development Code continuation of such existing street. Street names shall be chosen to avoid similarity or confusion with existing street names. A new street name shall not differ from an existing street name solely by the addition of a different auxiliary designation such as "avenue ", "way", "boulevard", etc. Names of all new streets shall be subject to approval by the Planning and Zoning Commission and be coordinated on an area wide basis. Street names shall have prior approval of the United States Postal Service, Bexar Metro 911, and the applicable County Clerk's Office. Street addresses should also be coordinated with present existing addresses. The City will determine street numbers and advise the subdivider as to the street numbers. Construction Standards All streets shall be constructed with ref horizontal curves and intersection curve prescribed in the Public Works Specific specifications of the City. Reserve Areas are Prohibited There shall be no reserve areas be dedicated to public use. K. Half Streets or Adjacent , surfacing, curbs, grades, >rdance with the standards and any other applicable to land dedicated or intended to No new half streets shall be platted that do not conform to the Master Thoroughfare Plan and the Comprehensive Land Plan. Where the proposed ''subdivision abuts upon an existing street or half street not conforming to the Comprehensive Land Plan requirements or the requirements of this UDC, the subdivider shall be required to dedicate any additional right-of-way to meet the street width required. If new development of property that abuts City maintained roads does not meet the design or width standards in this UDC, the Developer shall be required to make the necessary dedication and improvements in conformance with this UDC or any other applicable code of the City. 3. The minimum dedication and construction costs shall be equal to one -half (1/2) of the minimum right -of -way (ROW) and construction costs associated with the proposed street. 4. Improvements shall include right -of -way dedication, paving, curb and guttering, shoulder improvements and sidewalk as determined by the City. 5. Should any pavement be laid to widen existing pavement, the existing pavement shall be saw -cut back a minimum of two feet (2') to assure an adequate sub -base and pavement joint. Formatted: DocInfo osoS 7818.3` rho y 3 L. IM 0 Article 14 — Transportation ........................................ ............................... Schertz Unified Development Code Public Accesses All residential subdivisions shall have a minimum of two (2) locations accessing existing public streets. Access may be provided through the construction of a public street. The extent and location of all accesses is subject to review and approval by the City. The Planning and Zoning Commission shall not permit "island" subdivisions, lots or streets that would be surrounded by the flood water of a one hundred (100) year flood unless the area is accessible to high ground by at least one dedicated street elevated above the one hundred (100) year flood level. Safety Lanes (Fire Lanes) 1. Manufactured home parks, recreational vehicle parks, apartments, multi- family residences, malls, commercial and business areas shall have driving surfaces within the site designated and clearly identified as safety lanes or fire lanes for fire protection, EMS, etc. These =areas must be paved with concrete or asphalt and be maintained by the owners. Exits from these sites shall be a minimum of thirty feet (30') in width and must exit into a dedicated street. The pavement width for interior safety lanes will be a minimum of twenty-four feet (24'). Additional width will be required when adequate off-street parking is not provided. 2. All roadways that serve emergency vehicles are required to have a minimum clearance of fourteen feet (14') to any overhead obstructions including, but not limited to, bridges, trees, canopies, awnings and signs. Access to Principal and Secondary Arterial Streets Access to principal and secondary arterial streets should be limited to protect the flow of traffic from the lots. A one foot (1') non - access easement shall be provided along principal and secondary arterial streets when lots have access to another public right -of -way. Street and Traffic Control Signs All street signs in a new subdivision within the City limits, including street name, speed limit, stop and yield signs, etc. shall be paid for by the developer, and shall be provided by and installed by the City's Public Works Department in accordance with the Public Works Specifications Manual. Traffic control devices required within the subdivision shall be installed in accordance with the latest revision of the Texas Manual on Uniform Traffic Control Devices for Streets and Highways. 2. Any installation of speed control devices, such as speed bumps or humps, must also be approved by the fire department to determine potential impact to emergency response vehicles. Formatted: DocInfo osoS 7818.3` rho y 4 Article 14 — Transportation ........................................ ............................... Schertz Unified Development Code A required traffic control device must be fitted with traffic preemption compatible devices for activation by emergency vehicles. Street Improvements All street improvements shall meet the current requirements of the Comprehensive Land Plan and this Article, but in no case shall be less than the following: 2. Islands in Islands in road rights -of -way will be considered on a case -by -case basis. The street - right -of -way will be engineered to accommodate all emergency and utility vehicles, after coordination by City Staff, to include a review and recommendation from the City of Schertz Transportation Safety Advisory Commission. At a minimum, all islands shall provide at least twenty -four feet (24') of pavement on each side of the island. All islands provided within street ROW shall be designated on the plat and shall be dedicated by the developer or its successors and/or assigns. A plat note shall be provided which identifies maintenance of islands as the responsibility of the developer or its successors and/or assigns. Any islands that are not maintained in accordance with this section may be removed by the City and shall be removed at the expense of the developer or its successors and/or assigns, after due notice and the written recommendation by the City Engineer and Fire Department. Formatted: DocInfo 5 Table 21.14.1 Street Improvement Standards Classification ROW Pavement Drainage Width Sidewalk Hike /Bike Width _ Trail Curb or Curb 8 feet other 48 feet with 12 and Gutter 5 feet side (unless Principal Arterial 120 feet foot median foot one side State Hwy then both sides) Curb or Curb 5 feet 8 feet other Secondary Arterial 86 feet 48 feet and Gutter one side side Collector 60 feet 42 feet Curb or Curb 5 feet and Gutter both sides Local Street — 50 feet 30 feet Curb or Curb 5 feet _ Residential and Gutter both sides Local Street — Curb and Gutter 5 feet Commercial/Indust 60 feet 42 feet both sides rial Paved Alley 20 feet 20 feet Curb or Curb None and Gutter 2. Islands in Islands in road rights -of -way will be considered on a case -by -case basis. The street - right -of -way will be engineered to accommodate all emergency and utility vehicles, after coordination by City Staff, to include a review and recommendation from the City of Schertz Transportation Safety Advisory Commission. At a minimum, all islands shall provide at least twenty -four feet (24') of pavement on each side of the island. All islands provided within street ROW shall be designated on the plat and shall be dedicated by the developer or its successors and/or assigns. A plat note shall be provided which identifies maintenance of islands as the responsibility of the developer or its successors and/or assigns. Any islands that are not maintained in accordance with this section may be removed by the City and shall be removed at the expense of the developer or its successors and/or assigns, after due notice and the written recommendation by the City Engineer and Fire Department. Formatted: DocInfo 5 Article 14 — Transportation ........................................ ............................... Schertz Unified Development Code Q. Drainage The storm drainage for all streets shall be designed on a twenty -five (25) year flood frequency. Runoff rates shall be computed in all cases on the basis of ultimate development of the entire watershed contributing runoff water to the proposed subdivision, on the basis of concrete lined channels and streets carrying storm water in the contributing area. All necessary storm drainage improvements shall be in accordance with the Public Works Specifications Manual and shall comply with the City's Stormwater Pollution Prevention and Drainage Plan. R. Curb and Gutter Curbs and gutters shall be installed by the subdivider on both sides of all streets within or forming part of the boundary of the subdivision. Curb and gutter shall be constructed in accordance with the Public Works' Specifications Manual. The City Engineer may waive the requirements for construction of curb and gutter or may approve an alternative curb and gutter 'construction where developments result in an overall density of less than one (1) unit per ore -half (1/2) acre. S. Street Lights 1. Developers shall furnish satisfactory easements for installation of services to street lights as required by the City and any applicable electric utility provider. 2. Street light number, type and size shall be determined by the City and any applicable electric utility provider and shall be designed to maximize the light directed toward the ground. 3. The developer ;shall pay the cost of purchasing and installing all street lighting equipment and the cost of all street lighting services for a period of two (2) years or until such time as seventy percent (70 %) of the buildings for which building permits have been issued are completed, „ whichever is sooner. 4. A' detailed lighting plan shall be submitted with the Public Infrastructure Improvement Plans for review and approval by the City and any applicable electric utility provider. T. Street Markers (Signs) Street name, stop and speed limit signs having the following specifications shall be erected at all street intersections in such subdivisions for street markers: The material of the street name signs, the method of attaching the sign to the post, the details of lettering, painting, and method of installation, as well as the location of the sign at the intersection shall be in accordance with the specifications in the Public Works Specifications Manual. 6 Formatted: DocInfo Article 14 — Transportation ........................................ ............................... Schertz Unified Development Code 2. The street name signs shall be of the crossarm type, and shall be reflectorized on extruded aluminum metal blanks. 3. Street markers are to be provided by the developer. Sec. 21.14.2 Criteria and The criteria and specific design standards for transportation related development as described in this Article are set by the City's Public Works Specification Manual. Sec. 21.14.3 Additional Design Requirements A. Purpose and Applicability 1. The purpose of this section is to establish additional __development standards applicable to certain streets within the City to ensure uniform and quality development resulting in an attractive environment compatible with businesses and residential dwellings which does the following: a. provides an environment and living conditions favorable to the public; b. provides a creative approach to land use and related physical development; C. creates a= pattern of development which preserves trees and outstanding natural topography and prevents soil erosion and pollution; d. encourages mixed use development through innovative uses of modern development concepts; and e. produces open space and recreation areas. 2. The requirements of this section shall be applicable to all roadways classified as Principal Arterials or Secondary Arterials in accordance with section 21.14.1 including, but not limited to, Schertz Parkway, FM 3009, Old Wiederstein Road, Country Club Blvd, FM 78, FM 1518, FM 482, and Wiederstein Road. B. Permitted Uses Buildings, structures and land shall be used in accordance with the uses permitted in the applicable zoning district and shall comply with the dimensional requirements of that district in accordance with Article 5 of this UDC. Formatted: DocInfo 7 Article 14 — Transportation ........................................ ............................... Schertz Unified Development Code C. Landscape Buffer In addition to the requirements of section 21.9.7 of this UDC for landscaping, a minimum twenty foot (20') wide landscape buffer shall be provided adjacent to any public right -of -way. Trees shall be planted at an average density of one (1) tree per twenty linear feet (20') of street frontage. The landscape buffer shall require an irrigation system and shall be maintained by the property owner. D. Off - Street Parking Off street parking is permitted adjacent to the landscape buffer along the right -of- way. Parking and vehicular use areas adjacent to the right-of-way shall have land berm walls or a vegetative hedge barrier to reduce vehicular reflections to the right -of -way. A variance may be granted by the BOA which would allow a reduction in the minimum required landscape buffer when off - street parking is located entirely along the side or rear of the building or lot. E. Building Setback Line A minimum fifty foot (50') building setback shall be required adjacent to all rights -of -way. A variance may be granted by the BOA which would allow for a reduction in the minimum required setback when an alternative site layout and design provides for additional open space or landscaping and off - street parking will be located entirely at the rear of the building or lot. In no case shall the minimum building setback be reduced less than the minimum required setback for the applicable zoning district in accordance with Article 5. F. Driveways and Access (Connectivity) G. Access shall be limited to provide for safe traffic flow and the design shall provide interior drives to limit the number of accesses to the public right -of -way. Access easement should be utilized to limit the number of driveway accesses. Accesses should be planned to match existing driveways or street intersections on the apposite side of the street. All driveways shall have a minimum sight distance A masonry screening wall a minimum of eight foot (8') in height shall be provided where the rear yard of any residential or nonresidential lot abuts a Principal or Secondary Arterial. Any masonry screening wall constructed as part of a new residential subdivision shall be constructed of a like and similar material and color as screening walls in adjacent subdivisions to provide a consistent streetscape. Formatted: DocInfo Article 14 — Transportation ........................................ ............................... Schertz Unified Development Code Sec. 21.14.4 A. Commercial and Industrial Districts Where provided, paved alleys not less than twenty -four feet (24') wide shall be provided in all commercial or industrial districts to assure adequate provision is made for service access, such as off - street loading, unloading and parking consistent with an adequate plan for the uses proposed. Alleys provided within commercial and industrial districts shall be privately owned and maintained. B. Garden Home (GH) Zoning Districts Where garden home districts are designated by the developer to require rear ingress /egress, a twenty -four feet (24') paved alley shall be provided. C. Intersections and Turns Alley intersections and sharp changes in alignment shall be avoided, but where two (2) alleys intersect, or an alley turns at an angle sharper than one hundred degrees (100 °), a cut off of not less than ten feet (10') from the normal intersection of the property lines `shall be provided and shall be designed in accordance with the adopted Fire Code. D. Dead End Alleys Dead end alleys are E. Construction Stand, Cf� All alleys shall be constructed in accordance with the standards prescribed in the Public Works Specifications Manual. Limitations Construction of alleys is limited to commercial and industrial districts and prohibited in residential areas except in garden home zoning districts. Drainage design of alleys shall be designed on the basis of twenty -five (25) year frequency to carry storm water from only the lots within the block abutting the alleys. Sec. 21.14.5 Driveways The arrangement, placement, spacing, width and return radii of all driveways connecting to a street, roadway or alley shall be constructed, provided, altered or repaired in accordance with requirements of the Public Works Specifications Manual. Formatted: DocInfo 9 Article 14 — Transportation ........................................ ............................... Schertz Unified Development Code A. Commercial property I. Curb cuts for commercial driveway aprons shall not exceed thirty feet (30') in width, and the aggregate width of all curb cuts shall not exceed fifty percent (50 %) of the parcel frontage. 2. Where multiple driveway aprons are used for commercial property, the curb cuts shall be at least twenty feet (20') apart. 3. For parcels of commercial property with less than one hundred feet (100') of frontage, a maximum of two (2) curb cuts will be permitted. 4. For parcels of commercial property, no curb cut will be permitted for any parking facility which requires vehicles to enter a street in reverse. B. Curb cuts in curb returns No curb cut in curb returns will be permitted in the City C. Waivers Where the City Manager or his/her designee finds that extraordinary hardship may result from strict compliance with the regulations prescribed in this Article, the City Manager or his/her designee may vary the regulations so that substantial justice may be done and the public interest secured, provided that such waiver will not have the effect of nullifying the intent and purpose of this Article. In granting_, waivers and modifications, the City Manager or his/her designee may require such conditions as will, in his/her judgment, secure substantially the objective of the standards or requirements so varied or modified. In the event the City Manager or his/her designee should disapprove a request for a waiver, the applicant may request an appeal to the Board of Adjustment. Sec. 21.14.6 Sidewalks and Hike and Bike Trails A. Sidewalks shall be required along both sides of all streets throughout the City as required in section 21.14.1, except along Interstate Highways 35 and 10. All lots must have access to concrete sidewalks. B. Curb Ramps Curb ramps shall be provided at all street intersections at the time of construction or reconstruction and shall comply with the provisions in the Federal Register 28, CFR part 36 (Americans with Disabilities Act or ADA) and Texas Accessibility Standards as amended from time to time. Formatted: DocInfo .0305 7818.3` 918-3 _ _.10 I 103 E. C�7 0 Article 14 — Transportation ........................................ ............................... Schertz Unified Development Code Location and Width Where sidewalks are required, they shall be installed in accordance with the Public Works Specifications Manual and shall be a minimum of five feet (5') in width. Sidewalks shall be placed parallel to the street for the entire frontage(s) of the lot and shall be located a minimum of two feet (2') behind the curb. Timing of Construction Sidewalks shall generally be installed concurrently with the construction of the primary structure on a lot except on primary or secondary arterials where they shall be installed concurrently with street construction. —itl, cr.00r r'b—r,,,�r; If a street is constructed which shall have no residential lot access points, then sidewalks shall be installed concurrently with street construction. Corner Lot Where sidewalks are installed on corner lots, sidewalks shall be installed along both street frontages and shall be extended to the curb with handicapped access ramps in accordance with current`ADA and Texas Accessibility standards. Waiver or Deferment of Sidewalk Installation The City, Manager or the City Engineer may waive the requirements of this section where he /she finds = -that topographical conditions or other unique conditions exist 'which would preclude the construction of sidewalks. The Planning and Zoning Commission may defer the installation of sidewalks to a time deemed more appropriate. In the event that the installation of sidewalks is deferred, the developer shall provide a subdivision improvement agreement in accordance with section 21.4.15 guaranteeing the installation of sidewalks. i The City recognizes the need for connectivity and adequate access to and from public parkland areas and to provide for safe bicycling and pedestrian transportation. All streets subject to this Article with at least an eighty -six inch (86 ") ROW shall be required to construct a minimum eight foot (8') wide hike and bike path located within the ROW five (5') foot behind the curb. This hike and bike path is required in -lieu of construction of a sidewalk along one (1) side of the street. Additionally, hike and bike trails shall conform to the requirements as set forth in the City's Parks Master Plan. In -lieu of construction of sidewalks in accordance with this Article, the City may, at its option, require construction of a hike and bike path adjacent to the street right -of -way. Any required hike and bike path shall be constructed in -lieu of the Formatted: DocInfo Article 14 — Transportation ........................................ ............................... Schertz Unified Development Code minimum sidewalk along one (1) side of the street, unless under the requirements of section 21.14.3.1) above. Sec. 21.14.7 Traffic A. Application Requirements Every application for development within the City or its ETJ shall be accompanied by a Traffic Impact Analysis (TIA) Determination Form provided in the Development Services Department Development Manual. The TIA Determination Form shall be utilized to determine if a TIA is required. B. TIA Required The threshold requirement for a TIA and the level of TIA required shall be based on a land use or combination of land uses that results in peak hour trips in accordance with Table 21.14.7A. If the proposed land use does not exceed the peak hour trip threshold, a TIA waiver shall be noted on the TIA Determination Form. C. TIA Scope If a TIA is required, the applicant shall meet with the City Engineer to determine the scope for the study` prior to beginning work on the TIA. The applicant shall be prepared, prior to the meeting with the City Engineer, to discuss potential intersections to be evaluated, data assumptions or any other information required D. TIA The study area required for the TIA shall be based on the level of the TIA required in Paragraph B above. The City Engineer may, at his/her discretion, require additional area to be included in the study area if deemed necessary to provide adequate review of the transportation network. The following Table 21.14.713 identifies the minimum acceptable study area: Formatted: DocInfo .0305 7818.3` 918-3 _ _.12 Requirements Table 21.14.7A TIA Peak Hour Trips Generated TIA Level Required 1,001 or more Level 3 TIA 501 1,000 Level 2 TIA 101-500 Level 1 TIA 100 or less None Required C. TIA Scope If a TIA is required, the applicant shall meet with the City Engineer to determine the scope for the study` prior to beginning work on the TIA. The applicant shall be prepared, prior to the meeting with the City Engineer, to discuss potential intersections to be evaluated, data assumptions or any other information required D. TIA The study area required for the TIA shall be based on the level of the TIA required in Paragraph B above. The City Engineer may, at his/her discretion, require additional area to be included in the study area if deemed necessary to provide adequate review of the transportation network. The following Table 21.14.713 identifies the minimum acceptable study area: Formatted: DocInfo .0305 7818.3` 918-3 _ _.12 Article 14 — Transportation ........................................ ............................... Schertz Unified Development Code E. TIA Contents The TIA shall conform to accepted industry standards and shall include a detailed description of the area street network, a description of proposed land uses, the anticipated stages of construction, the anticipated completion date of the various phases of land development, and the trigger points requiring implementation of necessary improvements. The City Engineer may require any additional information necessary to ensure; adequate review. The TIA shall contain, at a minimum, the following information: 1. trip generation rates for both the A.M. and P.M. peak periods using the Institute of Transportation Engineers, Trip Generation Manual for all of the land uses specified; 3. adequacy determination for existing and proposed street cross - sections by phase of development; intersection level of service analysis for each phase of development, driveway sizes, locations, and adequacy; 5. layout showing lane usage (pavement marking layout) for all boundary streets including driveway locations and roadway geometry within the 6. driveways and intersecting streets connecting to boundary streets including all lane widths, traffic islands, medians, sidewalks, curbs, traffic control devices and existing pavement conditions; 7. existing and proposed turning movement counts for the site; S. identification of and timing for transportation improvements, if any, needed to maintain the same or higher level of service than exists prior to Formatted: DocInfo osoS 350307918-3 13 Table ; TIA Study Areas TIA Level Study Area Level 1 or 2 TIA The site area and the area within a one quarter (1/4) mile radius from the boundary of the site. Level 2 TIA At the discretion of the City's Engineer, the study area may be extended up to a maximum of one (1) mile from boundary of the site. Level 3 TIA The site area and the area within a one (1) mile radius from the boundary of the site. E. TIA Contents The TIA shall conform to accepted industry standards and shall include a detailed description of the area street network, a description of proposed land uses, the anticipated stages of construction, the anticipated completion date of the various phases of land development, and the trigger points requiring implementation of necessary improvements. The City Engineer may require any additional information necessary to ensure; adequate review. The TIA shall contain, at a minimum, the following information: 1. trip generation rates for both the A.M. and P.M. peak periods using the Institute of Transportation Engineers, Trip Generation Manual for all of the land uses specified; 3. adequacy determination for existing and proposed street cross - sections by phase of development; intersection level of service analysis for each phase of development, driveway sizes, locations, and adequacy; 5. layout showing lane usage (pavement marking layout) for all boundary streets including driveway locations and roadway geometry within the 6. driveways and intersecting streets connecting to boundary streets including all lane widths, traffic islands, medians, sidewalks, curbs, traffic control devices and existing pavement conditions; 7. existing and proposed turning movement counts for the site; S. identification of and timing for transportation improvements, if any, needed to maintain the same or higher level of service than exists prior to Formatted: DocInfo osoS 350307918-3 13 Cf� Article 14 — Transportation ........................................ ............................... Schertz Unified Development Code development during each phase of land development and the costs of those improvements, including costs of right -of -way acquisition, utility relocation, design and construction; the TIA shall a. establish the baseline traffic conditions and peak hour operations prior to development of the subdivision or site, which baseline shall establish the existing level of service that is to be maintained or bettered as the owners develop the subdivision or site over time; and b. address streets and street intersections, and driveways on conunercial sites; 10. for projects adjacent to a TxDOT ROW the TIA shall be accompanied by a letter from TxDOT which outlines any agreements between the developer and TxDOT for planned improvements and 11. the TIA shall be certified by a registered engineer with experience in the field of traffic engineering: TIA Submittal Upon completion of the TIA, the applicant shall submit a minimum of three (3) copies of the report to the City Engineer who will distribute the report to the appropriate review authorities including TxDOT. The TIA shall be reviewed by the City Engineer and any other necessary review authorities. Review comments shall be provided to the applicant for response. Response by the applicant shall be in the form of a letter, technical memorandum, or other appropriate document. The applicant shall submit final copies of the TIA to the City Engineer containing all modifications prior to final approval of the application for which the TIA was conducted. H. City Assistance in Development During the course of providing for improvements, the City may cooperate with the developer in the use of its governmental powers to assist in the timely and cost effective implementation of improvements. Assistance shall not mean financial aid in actual easement acquisition, construction or engineering costs. Specifically, the City agrees to: assist in the acquisition of necessary right -of -way and easements; assist in the relocation of utilities; Formatted: DocInfo osoS 350307918-3 14 Article 14 — Transportation ........................................ ............................... Schertz Unified Development Code assist in obtaining approvals from applicable County entities; 4. assist in obtaining approvals from TxDOT; and assist in securing financial participation for major street improvements from applicable County entities, TxDOT or the Metropolitan Planning Organization. TIA Revisions It is recognized that the scope of the developer's pl time. The monitoring reports may also demons`trai conditions and travel patterns within and around the TIA may be required to address these issues and id( service at study intersections and streets. Th modifications to the magnitude and timing of impro) original TIA. Any TIA amendments must be accept iy change from time to rages in the area street Periodic updates to the changes to the level of xpdates shall address is recommended by the the City. Formatted: DocInfo .0305 350307918-3 _ _.15 [This page intentionally left blank.] Article 14 — Transportation ........................................ ............................... Schertz Unified Development Code 16 Formatted: DocInfo Article 15 Easements and Utilities Sec. 21.15.1 Easements A. Utility Easements C. Article 15 — Easements and Utilities ......................................... ............................... Schertz Unified Development Code Utility easements including natural gas shall be provided for the installation of utilities in accordance with the requirements of the City. In general, these easements shall be in the front of residential development lots. Drainage Easements I . When a subdivision is traversed by a watercourse, drainage way, channel, or stream, a storm water easement or drainage rights-of-way ("ROW') shall be provided. Said easement or drainage ROW shall substantially encompass the boundaries of said water course and shall be of sufficient width, in accordance with the construction standards in the Public Works Specifications Manual. 2. Drainage or storm water casements may be constructed as open earth channels or concrete drainage structures and shall be maintained by the developer or his/her assigns. 3. Drainage ROW shall 'contain concrete drainage structures or underground piping and shall be dedicated to and maintained by the City or other applicable jurisdictions. Access Easements In an effort to reduce the congestion created by a number of driveways along street rights -of -way while maintaining adequate access to developments, the City may allow Access Easements to be dedicated within and across developments of similar use. These easements shall be twenty -four feet (24') in width and meet the minimum construction requirements for streets as required by this UDC and the Public Works'' Specifications Manual. Sec. 21.15.2 Water "S A. Installation of Water Facilities All lots, tracts or parcels on which development is proposed shall be connected to a public water system which has capacity to provide water for domestic use and emergency purposes, including adequate fire protection. Where water is to be provided through the City system, the developer shall install adequate water facilities, including fire hydrants, in accordance with all applicable regulations of the State, the City and any other agency regulating public water systems. Formatted: D.rInfo Article 15 — Easements and Utilities ......................................... ............................... Schertz Unified Development Code B. Alternative Water Sources An alternative source of water within a development may be used for irrigation or other similar purposes, subject to City approval and the obtaining of all appropriate permits from the City, State and any other applicable agency. An alternative water source may not be used for potable water supply under any circumstances. The design and construction of water system improvements and alternative water sources shall comply with the rules and regulations of the City, State or any other applicable agency. C. Location and Cost of Installation The location of all fire hydrants, all water supply improvements and the boundary lines of special districts, private systems and certified water service areas, indicating all improvements proposed to be served, shall be shown on the construction plans. The cost of installing all water supply improvements to be made by the developer, including off -site improvements, shall be included in the performance guarantees furnished by the developer. D. Extension of Lines Extension of water and wastewater lines' shall be made along the entire frontage of the subdivision adjacent to a `street or thoroughfare. If the subdivision is not adjacent to a thoroughfare, the extension of utilities shall be accomplished in such a manner as to allow future connections to said utilities by new subdivisions. If new subdivisions will never be constructed beyond a developing subdivision due to physical constraints, the Public Works Director may waive the requirement for adjacent utility line construction at the time of final plat approval and prior to Fire Hydrants I Fire hydrants are to be properly located so there will be a fire hydrant every 300 feet in commercial and industrial areas and every 500 feet in residential areas. 2. Any new fire hydrant is required to have a hydrant locater reflector (blue bump) installed in the roadway perpendicular to the hydrant. Individual Wells Within the City Limits A new development served by individual wells within the City limits is prohibited. Formatted: D.rInfo 2 Article 15 — Easements and Utilities ......................................... ............................... Schertz Unified Development Code Within the ETJ Individual wells within the ETJ shall be subject to approval by the City. The developer must submit with the plat application a certificate from a professional engineer registered in this state or a geoscientist licensed to practice in Texas verifying the adequacy of the proposed source of well supply prior to plat approval. Compliance with Other Regulations Installation, operations and maintenance of individual wells shall comply with City standards, regulations of the TCEQ, any other applicable State rules and regulations, and applicable regulations of groundwater conservation districts. In the event of conflict among these regulations, whichever is the most stringent shall apply. G. Design and Construction All water facilities within a subdivision shall be designed and constructed to the standards as set forth in the Public Works Specifications Manual. Said facilities shall meet all State and federal regulations pertaining to approved public water systems including regulations regarding the preparation, submittal and approval of plans and specifications for water" systems. Design of water facilities shall also be in conformance with all laws, policies, standards, rules and regulations for establishing the fire insurance key rate for the City. H. Other Water Svstems water systems other than the City system, the following shall apply: At time of preliminary platting the applicant shall provide the City with a letter of approval from the TCEQ certifying that the water system serving the development is in compliance with the rules and regulations of the TCEQ and that the public water system provider holds a current valid Certificate of Convenience and Necessity (CCN) for the area proposed for development. The letter of approval from the TCEQ shall be accompanied by a map delineating the boundaries of the CCN in the vicinity of the For developments in the ETJ, the developer shall obtain approval and signature of the appropriate county health official on the water system statement as shown on the preliminary plat prior to Planning and Zoning Commission approval. The water system statement as shown on the plat, indicates that the development will be served by a water system meeting City standards, as stated in sec. 21.15.2. F. and the applicable standards of the water purveyor. Formatted: D.rInfo osoS 7818.3` rho y 3 Article 15 — Easements and Utilities ......................................... ............................... Schertz Unified Development Code Plans and specifications for all water systems to serve the development shall be submitted as part of the subdivision construction plans. Sec. 21.15.3 Wastewater A. Wastewater Connection Required All lots within a subdivision shall be provided with a connection to an approved public wastewater system unless otherwise approved by the City. Establishment of a private wastewater utility district within the City or within the City's ETJ shall be prohibited. B. Installation of Wastewater Facilities All lots, tracts or parcels on which development is proposed shall be connected to a public wastewater system which has adequate capacity to provide water for proper disposal and treatment of wastewater. Where wastewater is to be provided through a centralized system, the developer shall install adequate facilities, subject to the standards and specifications of the City and state design criteria for wastewater systems. Where insufficient capacity exists downstream of a proposed connection, the replacement and upsizing of the existing main is required of the developer. The installation of a parallel main shall be subject to approval by the City. C. Location and Cost of Installation The location of all wastewater improvements and the boundary lines of special districts, private systems and certified areas, indicating all improvements proposed to be served, shall be shown on construction plans. The cost of installing all wastewater improvements to be made by the developer, including off -site improvements, shall be included in the performance guarantees furnished by the D. Future Extension ill be located in manholes to facilitate the future extension of The Public Works Director will determine the location and size of the E. On -Site Sewage Facilities (OSSF) The use of OSSF for the treatment and disposal of wastewater shall be subject to the approval of the City. The minimum lot area for residential subdivisions shall be a minimum one -half (1/2) acre (21,780 square feet). OSSF shall be installed on each lot concurrent with any development thereon and the design of such system and the method of installation shall conform in all respects to the standards and specifications of the City, County and State design criteria for OSSF. osoS 7818.3` rho y 4 Formatted: D.rInfo Article 15 — Easements and Utilities ......................................... ............................... Schertz Unified Development Code Sec. 21.15.4 Utilities All utilities, including, but not limited to, electrical wiring, natural gas, telephone, cable, internet and security systems, shall be located in the front yard, shall be installed underground and shall be maintained in accordance with all applicable City codes and regulations for such systems. Any utilities required to be placed above ground must be placed on steel poles meeting the requirements of the City and the applicable utility provider. The City Manager or his/her designee may waive the requirements of this section to allow wooden poles where he /she finds that unique conditions supporting such waiver exist within the development or along rights -of- ways. Formatted: DocInfo 5 [This page intentionally left blank.] Article 15 — Easements and Utilities ......................................... ............................... Schertz Unified Development Code 6 Formatted: DocInfo Article 16 — Defmitions ........................................ ............................... Schertz Unified Development Code Article 16 Definitions For the purposes of this UDC, the following terms, phrases, words and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future; words used in the singular number include the plural number; and words in the plural number include the singular number. The words "shall" and "will" are always mandatory, while the word "may" is merely discretionary. Any term not expressly defined in this Article shall be defined by a common planning definition from the American Planning Association's, A Planners Dictionary. The City Manager, upon the recommendation of the City Manager or his/her designee, shall 'determine the appropriateness of a definition. "A" Frame Sign: A temporary sign constructed in such a manner as to form an "A" or a tent -like shape, hinged or not hinged at the top with each angular face held at an appropriate distance so as to be adequately secured by a supporting member. These signs may also be referred to as sandwich board signs. Abandoned or Obsolete Sign: A sign that no longer serves to direct attention to an event, person, product, good, service, or activity, which is no longer conducted. Accessory Buildings, Uses or Structures: One which: a. is subordinate to and serves a principal structure, building or use; b. is subordinate in area, extent or purpose to the principal structure building or use served; C. contributes to the comfort, convenience and necessity of occupants of the principal structure, building or use served; d. is located on the same building lot as the principal structure, building or use served; or e. may be part of the principal building. Accessory Dwelltng Unit:. A residential dwelling unit, but not a mobile home, located on the same lot as a single - family dwelling unit, either within the same building as the single family dwelling unit or in a detached unit or in a detached building. Advertising: To convey information, to seek the attraction of or to direct the attention of the public to any location, event, person, product, good, service, activity, institution or business. Advertising Vehicle: Any vehicle which has as its primary purpose the advertisement of an event, person, product, good, service, activity, institution or business, whether located on- premises or off - premises. 50307818.3 Article 16 — Defmitions Schertz Unified Development Code Agriculture: The use of land for the production and primary processing of food and fibers for sale, including cultivating, dairying, horticulture, pasturing, floriculture, silviculture, viticulture, animal and poultry husbandry, and such incidental accessory facilities as greenhouses and nurseries, provided that the operation of such accessory facilities shall be clearly secondary to normal agricultural activities. Agriculture includes, but is not limited to, the related activities of tillage, fertilization, pest control, harvesting, and marketing. It also includes, but is not limited to, the activities of feeding, housing, and maintaining of animals such as cattle, dairy cows, sheep, goats, hogs, horses, and poultry and handling their by- products. Airport, Heliport or Landing „ A place where aircraft and/or helicopters can land and take off, usually equipped with hangars, facilities for refueling ` and repair, and various accommodations for passengers. Alcohol Package Sales: An establishment engaged in the selling of alcoholic beverages to the general public for off -site personal or household consumption. Allen: A public right -of -way which provides a secondary means of vehicular access to abutting property and which is used primarily for vehicular traffic to the rear or side of properties which otherwise abut on a street. Specifically authorized in garden home subdivisions for access to rear entrance garages. Alluvial Fan Flooding: Flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high - velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. Alternative Tower Structure: Clock towers, steeples, light poles and similar alternative- design mounting structures that camouflage or conceal the presence of antennas or towers. See also the definition of "stealth facility". Amateur Radio Antenna: A radio communication antenna used by a person holding an amateur radio station license from the Federal Communications Commission. Annexation: The act of incorporating an area into the domain of the City. Antenna: A device used in communications, which transmits or receives radio signals, television signals, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Antenna and/or Antenna Support Structure, Commercial: An antenna and its support structure used for commercial broadcasting or telecommunication purposes and the transmission, retransmission, and/or reception of electromagnetic radio, television, or microwave signals. All radiating equipment must comply with Federal Communications Commission (FCC), Environmental Protection Agency (EPA), Occupational Health and Safety Administration (OSHA), and all other applicable State and Federal regulatory agency requirements and guidelines for human safety, as they exist or may be amended. The antenna may be a tower, mast, pole, tripod or box frame. Preferably the antenna may be in stealth form designed to be 50307818.3 Article 16 — Defmitions .................................................................................................................................................................................................................................... ............................... Schertz Unified Development Code non - obtrusive, or virtually transparent or invisible to the surrounding neighborhood. Stealth antennas include, but are not limited to: a. antennas within a building's attic space; b. an the roof of a minimum three (3) story building and not visible from the property line of the lot in which the antenna is located; C. a public utility structure, such as a water tower or high transmission support tower; d. a flagpole; e. a church steeple; f. a clock tower; or g. an athletic field light pole. Antenna, Building Attached: An antenna attached to an existing structure in two (2) general forms: (1) roof - mounted, in which antennas are placed on the roofs of buildings, or (2) building - mounted, in which antennas are placed on the sides of buildings. These antennas can also be mounted on structures such as water tanks, billboards, church' steeples, electrical transmission towers, etc. Antenna Facility: The mast, pole, structure, tower, building, equipment and other supporting material used to mount the antenna and equipment, equipment storage buildings and equipment concealing or screening structures needed to operate an antenna. A retail establishment, engaged in the selling of works of art, furniture, or other earlier period, with all sales and storage occurring inside a building. unit in an apartment building. portion thereof housing three (3) or more dwelling units. Apex: A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. Appliance, Furniture and Home Furnishings Store: Retail establishments selling goods used for furnishing the home, including, but not limited to, furniture, floor coverings, draperies, domestic stoves, refrigerators, and other household electrical and gas appliances. Approved Plat: The plat of a subdivision which has been approved in accordance with the requirements of this UDC and which has been filed for record with the county clerk in which the land lies. 50307818.3 3 Article 16 — Defmitions Schertz Unified Development Code Area of Shallow Flooding: A designated AO, AH, or VO zone on the Flood Insurance Rate Map (FIRM) for the City and its ETJ with a one percent (1 %) or greater chance of flooding in any given year to an average depth of one (1) to three (3) feet where a clearly defined channel does not exit, where path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of Special Flood Hazard: The land in the floodplain within the City and its ETJ subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A or AE on the FIRM. Art Gallery /Library /Museum: A building serving as a r scientific„ artistic, or literary objects of interest, and desi without an admission charge, and which may include as an Assisted Care or Living Facility: A facility which persons regardless of legal relationship who are: a. elderly; b. disabled; C. orphaned; d. abandoned; ory for a collection of natural, to be used for viewing, with or sory use the sale of goods. and care to ten or more e. abused, or neglected children; f. victims of domestic violence; g. convalescing from illness; h. terminally ill; or i. temporarily homeless due to fire, natural disaster, or financial setback together with supervisory personnel. This definition shall also include a facility providing health care or rehabilitative services over a long period of time to persons chronically ill, aged, or disabled due to injury or disease. Automobile Parking Structure /Garage: An area or structure where the parking of motor vehicles serves as the primary use of the lot whether or not a fee is charged. This use does not include the storage of gasoline. Automobile Parts Sales: The use of any building for the display and sale of new or used parts, including tires. Automobile Repair, Major: General repairs or reconditioning of engines, air - conditioning systems, and transmissions for motor vehicles; wrecker or towing service with on -site storage of 50307818.3 Article 16 — Defmitions Schertz Unified Development Code vehicles; collision services including body, frame, or fender straightening or repair; customizing; painting; vehicle steam cleaning; tire retreading; muffler services; upholstery shop; insurance estimations with on -site storage; undercoating and rust proofing, and other similar uses. Automobile Repair, Minor: An establishment used for the dispensing or sales of automobile fuels, lubricants, and automobile accessories; the minor repair or replacement of parts and performing State inspections and making minor repairs necessary to pass said inspection; automobile detailing; window tinting; and the sales and installation of automobile radios. Uses listed under "Automobile Repair, Major" or any other similar uses are not included. Automobile Sales New or Used: Sales, rental, and/or lease of new or used automobiles or light load vehicles, including as an accessory use: Automobile Repair, Major. Balloon Sign: One or more inflatable devices filled with lighter -than -air gas used as a temporary sign for the purpose of directing attention to any location, event, person, product, good, service, activity, institution or business. Bandit Sign: Any temporary ground sign announcing a subdivision, new development or builder. Bank, Saving and Loan, Credit Union: An establishment for the custody, loan, exchange or issue of money, the extension of credit, and/or facilitating the transmission of funds, including automated teller machines. Banner Sign: A temporary sign constructed of a natural or man -made flexible material including, but not limited to, cloth, canvas, vinyl, or fabric which can be easily folded or rolled that is mounted with or without an enclosing framework that is attached or tethered to the building or structures. flood having a one percent chance of being equaled or exceeded in any given year. Basement: A story (or portion of a story) wholly or partly below curb level with at least one -half of its height (measured from floor to ceiling) below the curb level. The curb level nearest to a story (or portion of a story) shall be used to determine whether such story (or portion of a story) is a basement. Beauty Salon/Barber Shop: An establishment primarily engaged in providing services generally involved in the care of the person or his/her appearance including, but not limited to, barber and beauty shops, nail and pedicure salons, tanning salons, ear piercing shops, cosmetic tattooing shops, and reducing salons. Bed and Breakfast Inn: An owner (or operator) occupied residence with up to five (5) bedrooms available for overnight guests. A Bed and Breakfast Inn may provide for guest stays up to 14 consecutive days; however, it shall not offer weekly rental rates. Kitchen and dining facilities may be included to provide meals for guests only; however, no food preparation shall be 50307818.3 Article 16 — Defmitions Schertz Unified Development Code permitted in guest bedrooms. A Bed and Breakfast Inn shall not include restaurants, banquet facilities, or similar services. Billboard: Any sign erected and used for, or designed to be used for, the display of advertising material for the purpose of advertising a location, event, person, product, good, service, activity, institution or business not located on the same premises as the billboard. Mobile advertising and hand - carried signs shall not be considered as billboards. Block: A tract of land bounded by streets or a combination of streets and public parks, or corporate boundaries of the City. Board of Adjustment (BOA): The Board established by City Council under the City Charter and the Texas Local Government Code that reviews and acts upon requests' for variances or appeals and whose duties and responsibilities are specifically provided for in section 2L 3.4 of this UDC. Boarding House: A building other than hotel, motel, or an = apartment hotel where, for compensation and prearrangement for a definite period, meals or lodging and meals are provided for three (3) or more persons, but not exceeding twenty (20) persons. Bottling Works: A manufacturing facility distribution. Boundary Street: A public street which is adjacent proposed site. Buffer Zone: A strip of land created to separate and Building: Any structure'' which: a. is permanently affixed to the land`; b. has one (1) or more floors and a roof; and C. is bounded by either open area or lot lines beverage into a bottle or can for one (1) or more sides of the one type of land use from another. A building shall not include such structures as billboards, fences or radio towers, or structures with interior surfaces not normally accessible for human use, such as tanks, smoke stacks, grain elevators, oil cracking towers or similar structures. Building Area: The total square footage on a lot covered by a building measured on a horizontal plane at mean grade level. Building, Detached: A building which is surrounded by yards or open space on its own building lot. Building Envelope: The net cubic space that remains for placing a structure on a site after building line, setback, side yard, height and bulk regulations are observed. 50307818.3 Article 16 — Defmitions Schertz Unified Development Code Building Height: The vertical distance between the average natural grade of the ground under the footprint of a building and the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between the eaves and ridge for a gable, hip or gambrel roof. A chimney, cupola or dormer (four feet or less in height), flagpole or residential television antenna shall be exempt from the above requirements. Building Materials And Hardware Store: An establishment for the sale of materials customarily used in the construction of buildings and other structures. Building Mounted Sign: A sign attached to, or supported by any part of the building that encloses or covers usable space and is related to the business within, including but not limited to wall signs, signage on awnings, canopies, or marquees, and projecting signs. Building Setback Line: A building limit fixed at a specific distance from the front, rear or side boundaries of a lot beyond which a building cannot lawfully extend.. Building Sign: Any sign identifying the name or title of a specific building. Cabinet/LTpholstery Shop_ An establishment for the production, display, and sale of cabinets, furniture, and soft coverings for furniture. Camping Trailer: A folding structure, mounted on wheels and designed for travel, recreation, and vacation and which can be readily towed over the road by a motor vehicle. Canopy: A roof like cover including an awning that projects from the wall of a building over a door, entrance or window; a free standing or projecting cover above an outdoor service area such as a gasoline service station. Carport: A roofed structure for use as an automobile shelter, open on at least two sides with inside dimensions not less than 10' by 20'. Car Wash, Automated: A facility where a customer can have a motorcycle, automobile and light load vehicle washed in exchange for financial consideration. Car Wash, Self Serve: A facility, typically coin operated, used by the customer to wash motorcycles, automobiles and light load vehicles. Cemetery or Mausoleum: Property used for the interring of the dead. Church, Temple, Place of Worship: A building designed and used primarily for religious assembly and worship and those accessory activities which are customarily associated therewith, and the place of residence for ministers, priests, nuns or rabbis in a detached residential facility on the same premises, that is exempt from ad valorem taxes as permitted by State law. For the purposes of this definition, bible study and other similar activities which occur in a person's primary residence shall not be considered as a church, temple or place or worship. Ci!L The City of Schertz, Texas 50307818.3 7 Article 16 — Defmitions ........................................ ............................... Schertz Unified Development Code City Council: The City Council of the City of Schertz, Texas. City Engineer: _ A registered professional engineer employed or designated by the City to provide professional engineering services for and on behalf of the City. Civic /Convention Center: A building or complex of buildings used for cultural, recreational, athletic, convention, or entertainment purposes. Clinic: An establishment of offices in which a group of physicians, dentists or other practitioners of the healing arts and allied professional assistants are associated for the purpose of diagnosing and treating ill or injured persons. A clinic may include a medical or dental laboratory, but may not include facilities for providing room or board for patients, nor may a clinic include offices or facilities for veterinarians. Club or lodge: An association of persons for the promotion of some nonprofit common objective such as literature, science, politics, good fellowship and similar objectives which meets periodically and which is limited to members. Co- location: The act of locating wireless communications equipment for more than one (1) telecommunications carrier on a single Antenna Facility. College, University, or Trade School: An institution established for educational purposes offering courses for study beyond the secondary education level, including trade schools and commercial schools offering training or instruction in a trade, art, or occupation. Commercial Amusement, Indoor: An enterprise providing for indoor recreational activities, services, amusements, and instruction for an admission fee. Uses include, but are not limited to, bowling alleys, ;ice or roller skating rinks, bingo parlors, amusement arcades, and/or practice areas. Commercial. Amusement, Outdoor: An enterprise providing for outdoor recreational activities, services, amusements, and instruction.` for an admission fee, including, but not limited to, batting cages, miniature' golf, go -kart tracts, and carnivals. Commercial Farm Ranch: A tract of unplatted land which is used for agricultural activities such as production of cash craps or raising of livestock for the purpose of obtaining a profit in money. Includes agricultural dwelling and accessory buildings and structures necessary to the operation of the fann/ranch. Common Area: An area within a subdivision not used for development which is usually owned and maintained by subdivision homeowners associations. Community Center: A building or portion of a building owned and/or operated by a government entity or not - for -profit agency in which facilities are provided for civic, educational, political, or social purposes. 50307818.3 Article 16 — Defmitions Schertz Unified Development Code Community Service Sign: Any sign that solicits support for or advertises a non - profit community location, event, person, product, good, service, institution or business, a public activity, location, event, person, product, good, service institution or business. Comprehensive Land Plan: The Comprehensive Land Plan of the City, as approved by the City Council and including any unit or part of such plan separately adopted and any amendments to such plan or parts thereof. Concrete /Asphalt Batchin _ Plant: A permanent manufacturing facility for the production of concrete or asphalt. Convalescent Home: Any structure used or occupied by three (3) or more persons recovering from illness or receiving geriatric care for compensation. Convenience Store with Gas Pumps: A retail establishment that sells food and other consumable and non - consumable products for off - premise use or consumption. This definition shall also include the dispensing or sale of motor vehicle fuels, lubricants, and accessories, but shall not include automotive repair or the sale of replacement parts. Court: An open, unoccupied space bounded on more than two (2) sides by walls. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one (1) side open to a street, alley, yard or other permanent open space. Critical Feature: An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. Cul -de -sac: A street having but one (1) outlet to another street, and terminated on the opposite end by a vehicular turn around. sign where any portion of the finished material, surface or message area of sign is visibly faded, flaked, broken off, missing, cracked, splintered, :.hive or is otherwise deteriorated or in a state of disrepair so as not to tantially appear as it was intended or designed to appear when originally b. any sign whose elements or the structural support or frame members are visibly bent, broken, dented, torn, twisted, leaning or at angles other than those at which it was originally erected. Dance HaIVNiyht Club: An establishment open to the general public for entertainment; in particular, dancing. Day Care Center: A commercial institution or place designed for the care of children or adults and is subject to registration with the Texas Department of Protective and Regulatory Services. 50307818.3 Article 16 — Defmitions Schertz Unified Development Code This use shall not include overnight lodging, medical treatment, counseling, or rehabilitative services and does not apply to any school. Dead End Street: A roadway, other than cul -de -sac, with only one (1) outlet. Density: The number of units per acre that may be placed on a tract in a particular zoning district under specified development conditions. Development: Any manmade change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling grading, paving, excavation or drilling operations or storage of equipment. Development Permit: Any permit, license, authority, order, approval, certificate, endorsement, or permission, required from the City prior to the commencement or completion of any phase of development. Development Sign: A temporary freestanding sign which, by ineans of symbol or name, identifies a shopping center, commercial or industrial park, residential subdivision or other development that may contain a mixture of residential, commercial, or industrial uses. Directional Sign: Any sign designed to provide direction to pedestrian and/or vehicular traffic. Director of Development Services: The officer so designated by the City Manager. Distribution Center: A warehouse or storage facility where the emphasis is on processing and moving goods on to wholesalers, retailers, or consumers rather than on storage. Dormitory: Any structure specifically designed to house student tenants associated with a university, college or school. Dry Cleaning, Major: An industrial facility where fabrics are cleaned with substantially non- aqueous organic solvents on a commercial or wholesale basis. Dry Cleaning, Minor: A custom cleaning shop or pick -up station not exceeding six thousand (6,000) square feet of floor area, including, but not limited to, dry cleaning plants having no more than one thousand five hundred (1,500) square feet of floor area for dry cleaning equipment. Dwelling: Any building or portion thereof which is designed for or used for residential purposes. Dwelling, Duplex: A building designed for or occupied exclusively, but separately, by two (2) families. Dwelling, Multifamily A building or portion thereof containing three (3) or more dwelling units. Dwelling, Single - Family A building designed for or occupied exclusively by one (1) family. 50307818.3 10 Article 16 — Defmitions Schertz Unified Development Code Dwelling Unit A room, or suite of two (2) or more rooms, designed or intended for use by an individual or family in which culinary and sanitary convenience are provided for the exclusive use of such individual or family. Easement: An acquired privilege or right -of -way use which one (1) person, business, entity and/or public agency has across, over or under land of another person, business, entity and/or public agency. Electronic Sign: A variable message sign that utilizes computer - generated messages or some other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs, or LCDs. Elevated Building: A non - basement building (i) built, in the case of the building in Zones Al- 30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or the case of the building in Zones V1 -30, VE, or V, to have the bottom level of the lowest horizontal structure member of the pilings, columns (posts and pliers), or shear walls parallel to the floor of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones Al -30, AE, A, A99, AO, AH, B, C, X, D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V 1 -30, VI, or V, "elevated building " also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by standards of section 60.3 (e)(5) of the National Flood Insurance Program regulations. Extraterritorial Jurisdiction (ETJ): The ETJ of the City is the portion of the unincorporated area that is contiguous to the corporate boundaries of the City and not already in the incorporated area or ETJ of another City as set out in section 42.021 of the Texas Local Government Code. Family: Two or more persons occupying a single dwelling unit where all members are related by blood, marriage or adoption. No single dwelling unit shall have more than four unrelated individuals residing therein, nor shall any "family" have, additionally, more than four unrelated individuals residing with such family. The term "family" does not include any organization or institutional group that receives federal or State funding for the care of the individual. Family Home: A community -based residential home operated by either the State of Texas, a nonprofit corporation, a community center organized pursuant to State statute, or an entity which is certified by the State as a provider for a program for the mentally retarded. Family homes provide care for persons who have mental and/or physical impairments that substantially limit one (1) or more major life activities. To qualify as a family home, a home must meet all of the following requirements: a. not more than six (6) disabled persons and two (2) supervisory personnel may reside in a family home at the same time; b. the home must provide food and shelter, personal guidance, care, rehabilitation services, or supervision; and 50307818.3 11 Article 16 — Defmitions ........................................ ............................... Schertz Unified Development Code C. all applicable licensing requirements must be met. Farmers Market: An area containing individual vendors who offer fruits, vegetables, herbs, spices, edible seeds, nuts, live plants, flowers, and honey for sale. FEMA: Federal Emergency Management Agency. Filling, Retail Service Station: An establishment where gasoline, oil and grease, or automobile accessories are sold, supplied or dispensed to the motor vehicle trade or where motor vehicles receive limited repair, are equipped for service, or where electric storage batteries are charged and cared for, or a place where any two (2) or more such activities are carried on or conducted as the principal use of the establishment. Fire Lane: A concrete or asphalt driving surface identified for use by fire, EMS and other emergency vehicles within and maintained by the owners of a manufactured home park, recreational vehicle park, apartment complex, malls /shopping= center, commercial or business area. Flag: A piece of cloth, varying in size, shape, staff or cord, and used as the symbol of a signaling. Flea Market, Inside: A building or basis for the sale of merchandise. goods, personal effects, tools, art i objects, or equipment in small quaff wholesale sales establishments or ri personal services establishments, f auction establishments. usually attached at one edge to a organization, or as a means of herein space is rented to vendors on a short -term )al sales, shall include new and used household household appliances, and similar merchandise, term flea market shall not be deemed to include ;s establishments, but shall be deemed to include 1 establishments, retail sales establishments, and Flea Market, Outside: An outdoor site where space is rented to vendors on a short -term basis for the sale of merchandise. The principal sales shall include new and used household goods, personal effects,' tools, art work, small household appliances, and similar merchandise, objects, or equipment in small quantities. The term flea market shall not be deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to include personal services establishments, food services establishments, retail sales establishments, and auction establishments. Flood or Flooding: A "general and temporary condition of partial or complete inundation of areas not ordinarily covered by water due to: a. the overflow of inland or tidal waters; or b. the usual and rapid accumulation or runoff of surface waters from any source. 50307818.3 12 Article 16 — Defmitions Schertz Unified Development Code Flood Insurance Rate Map (FIRM): The official maps of the City and its ETJ on which the FEMA has delineated both the areas of special flood hazards and the risk premium zones applicable to the areas mapped. Flood Insurance Study: The official report provided by the FEMA. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary- Floodway Map. Flood Management: The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. Flood Management Regulations: Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as the floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. Flood Protection S,, s� Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within the City and its ETJ subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. Flood Proofing: Any combinat adjustments to structures whichrel property, water and sanitary faciliti Floodplain: Any land area suscept Floodway: The channel of a river reserved in order to discharge the elevation more than a designated h of structural and nonstructural additions, changes, or or eliminate flood damage to real estate or improved real structures and their contents. to being inundated by water from any source. her watercourse and the adjacent land areas that must be flood without cumulatively increasing the water surface Fraternity, Sorority,' Civic Club or Lodge: An organized group having a restricted membership and specific purpose related to the welfare of the members including, but not limited to, Elks, Masons, Knights of Columbus, Rotary International, Shriners, or a labor union. Fraternity, Sorority or Group Student House: A building occupied by and maintained exclusively for students affiliated with an academic or vocational institution. Freestanding Sign: A sign that is not attached to a building and which is self supporting by use of a pole, mast, pylon or other similar vertical support structure and has a minimum of thirty -six (36) inches of ground clearance. 50307818.3 13 Article 16 — Defmitions Schertz Unified Development Code Frontage: All the property on one (1) side of a street between two (2) intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead - ended, then all the property abutting on one (1) side between an intersecting street and the dead end of the street. Garage, Private: A building designed or used for the storage of personally owned motor - driven vehicles used by the occupants of the building. Garage, Public: A structure or building, other than a private garage, which is available to the general public used primarily for the parking and storage of vehicles. Garage Sale Sign: Any sign utilized to direct interested persons to the location of a garage sale in accordance with Chapter 50 of the City's Code of Ordinances. Garden Home: An individually owned single - family home, separated from its neighbor by a minimum of ten (10') feet on a lot having a minimum of five thousand (5,000) square feet. Gasoline Station/Fuel Pumps: A facility, equipment, or fixture used for retail dispensing of motor vehicle fuels. General Manufacturina/Industrial Uses: Manufacturing of finished products and component products or parts through the processing of materials or substances, including basic industrial processing. Such operations shall be determined by Health, Fire, and building officials not to be a hazard or nuisance to adjacent property or the community at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or radiation. Golf Course and/or Country Club: A land area and buildings used for golf, including fairways, greens, tee boxes, driving range, putting green, and associated maintenance and retail facilities. This definition shall also include clubhouses, dining rooms, swimming pools, tennis courts, and similar recreational or service uses available only to members and their guests. Governmental ai&E Any sign indicating public facilities, public work projects, public services, or other places, events, persons, products, goods, programs, activities or institutions conducted by the Federal, State or any local government. Group Home: A specialized lodging house and boarding house which provides long term supervised housing in an conventional residential setting for no more than three (3) persons who are physically or menially handicapped, developmentally disabled or are victims of crime, and having no more than two (2) supervisory personnel in residence at the same time. Gymnastics/Dance Studio: A building or portion of a building used as a place of work for a gymnast, dancer, or martial artist or for instructional classes in gymnastics, dance, or martial arts. Health/Fitness Center: A public or private facility operated to promote physical health and fitness. Activities may include exercise, physical therapy, training, and education pertaining to health and fitness. Uses or combination of uses or facilities typically include, but are not limited 50307818.3 14 Article 16 — Defmitions .................................................................................................................................................................................................................................... ............................... Schertz Unified Development Code to, game courts, weight lifting and exercise equipment, aerobics, swimming pools and spas, and running or jogging tracts. Highest Adjacent Grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of structure. Historic Structure: Any structure that is: a. listed individually in the Natural Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing in the National Register; b. certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; C. individually listed on the State inventory of historic places with historic preservation programs that have been approved by the Secretary of the Interior; or d. individually listed on a local i historic preservation programs t 1. By any ap Interior; or laces in communities with either: by the Secretary of the Interior in states with approved programs. Home Occupation: Any occupation or activity carried on by a member of the immediate family, residing on the premises, which there is no sign used relating to the business or no display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling, and there is no commodity sold upon the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except of a type that is similar in character to that normally used for purely domestic or household purposes. Homeowners Association: An organization formed for the maintenance and operation of the common areas of the development. The membership in the association must be automatic with the purchase of a dwelling unit or other property in the development. Hospital, Sanitarium, Nursing or Convalescent home: A building or portion thereof used or designed for the housing or treatment of the sick, aged, mentally ill, injured, convalescent or infirm persons; provided that this definition shall not include rooms in any residential dwelling, hotel, apartment hotel not ordinarily intended to be occupied by said persons. 50307818.3 15 Article 16 — Defmitions Schertz Unified Development Code Hotel: A building used or intended to be used as living quarters for transient guests, but not excluding permanent guests, and may include a cafe, drugstore, clothes pressing shop, barbershop or other service facilities for the guests for compensation. This definition does not include Bed and Breakfast and Boarding Houses. Household Appliance Service and Repair: The maintenance and rehabilitation of appliances customarily used in the home, including, but not limited to, washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, countertop kitchen appliances, and vacuum cleaners. Identification Sign: A sign whose purpose is to identify: a. Street Address Sign/Markers: Address signs are composed of a numeric address and street or complex name. Street markers are Signs adjacent to streets required by local government. b. On- Premise Business Signs: Any sign which relates to the premises on which it is located, referring exclusively to the location, event, ',person, product, good, service, or activity of those premises, or the sale, lease or construction of those premises. C. Personal or Professional Signs and Nameplates: Any sign that lists exclusively a name or names (including family /farm name signs). Illegal Sign: A sign erected without a required permit, without the property owner's permission, or any sign not meeting the requirements established in this UDC. Impervious Coverage: Impervious cover means impermeable surfaces which prevent the infiltration of water into the underlying soil and bedrock (such as pavement, concrete or rooftops). Industrialized home: See "Modular Home". In -Home Day Care: A home occupation that provides care for less than twenty -four (24) hours a day to no more than six (6) children under the age of fourteen (14), plus no more than six (6) additional elementary school -age children (age five (5) to thirteen(13)). The total number of children, including the caretaker's own children, is no more than twelve (12) at any time. This use is subject to registration with the Texas Department of Protective and Regulatory Services. Insurance Office: A building or facility used for the sales, management, and administration of insurance services, including the estimation of automobile damages, but excluding on -site parking /storage of damaged vehicles. Kindergarten: Any school, private or parochial, operating for profit or not, attended by four (4) or more children at any one (1) time during part of a twenty -four (24) hour day, which provides a program of instruction for children below the first grade level in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum. 50307818.3 16 Article 16 — Defmitions Schertz Unified Development Code Landfill: A tract of land used for the burial of farm, residential, institutional, industrial, or commercial waste that is not hazardous, medical, or radioactive. Landscape: Covering, adorning, or improving property with living plants (such as trees, shrubs, vines, grass or flowers), loose natural materials (such as rock, wood chips or shavings), decorative manmade material (such as patterned paving materials, fences, walls, fountains, or pools), or land contouring. "Landscape" does not include improving property with artificial trees, shrubs, turf or other artificial plants. Laundromat: A facility where patrons wash, dry, or dry -clean clothing and other fabrics in machines operated by the patron. Levee: A manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flaw of water so as to provide protection from temporary flooding. Levee S,, s� A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. Limited Access Highways: Interstate Highway 35 and Interstate. Highway 10. Livestock: Domestic animals used, raised or bred on a farm, especially those kept for a profit, including, but not limited to, horses, ponies, mules, donkeys, cattle, goats, rabbits, sheep, or fowl, regardless of age, sex or breed. Persons who possess, own or otherwise keep livestock within the City in a residential zoned district where livestock is being kept, shall follow these restrictions: a. Livestock shall be kept on a parcel of land that is at least one (1) acre in size. b. Livestock shall be kept in a stable, shed, pen or other enclosure wherever located within the City, which shall be distance of at least one hundred feet (100') for every building /structure (other than the owner of such livestock) used for sleeping, dining and living, and shall be kept in such a manner as will be reasonably calculated not be offensive to neighbors or to the public. C. Swine are prohibited. d. The Code of Ordinances may include further restrictions. Loading Dock Space: A space within the main building, or on the same lot therewith, providing for the standing, loading or unloading of trucks and having a minimum dimension of twelve by thirty -five feet (12' X 35') and a vertical clearance of at least fourteen feet (14'). Locksmith/Security System Company Establishments primarily engaged in providing, installing, repairing, and/or monitoring locks and electronic security systems. 50307818.3 17 Article 16 — Defmitions Schertz Unified Development Code Lot. A physically undivided tract or parcel of land having frontage on a public street or other approved access and which is, or in the future may be, offered for sale, conveyance, transfer or improvements; which is designated as a distinct and separate tract; and/or, which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly recorded. Lot Depth: The distance of a line connecting the midpoints of the front and rear lot lines, which line shall be at right angle to the front lot or radial to a curved lot line. Lot Width: The distance of a line (drawn perpendicular to the lot depth line) connecting the side lot lines at the building setback line or at a point no farther than thirty -five (35') feet from the front lot line. Lot Area: The area of a lot between lot lines, including any portion of an easement which may exist within such lot lines. Lot, Corner: A lot which has an interior angle of less than 135 degrees at the intersection of two (2) street lines. A lot abutting upon a curved street shall be considered corner lot if the tangents of the curve at the points of the intersection of the side 'lot lines intersect at an interior angle of less than 135 degrees. Lot, Double Frontage: A lot having a frontage on two (2) nonintersecting streets as distinguished from a corner lot. Lot, Interior: A building lot other than a corner lot. Lot of record: A lot which is Bart of a subdivision, the map of which has been recorded in the office of the County Clerk of Guadalupe, Bexar or Comal County; or a parcel of land, the deed of which was recorded in the office of the County Clerk of Guadalupe, Bexar or Comal County. Lowest floor: The lowest floor of the 1'owestenclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as render the structure in violation of the applicable nonelevation design requirement of section 60.3 of the National Flood Insurance Program regulations. Manufactured Home, HUD Code: A structure constructed after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one (1) or more sections which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three - hundred twenty (320) or more square feet, and which is built on a permanent foundation designed to be used as a dwelling when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems and bears a seal issued in accordance with State law. All references in this UDC to manufactured housing or manufactured home(s) shall be references to HUD Code Manufactured Housing, unless otherwise specified. 50307818.3 18 Article 16 — Defmitions ..................................................................................................................................................................................................................................... ............................... Schertz Unified Development Code Manufactured Home Park: A contiguous parcel or lot which is owned by an individual, firm, trust, partnership, public or private association or corporation and on which individual portions are leased for the placement of manufactured homes as a primary residence. Manufactured Home Subdivision: A subdivision of land planned and improved for the placement of manufactured homes for residential use on single lots with each lot individually owned and meeting all requirements of this UDC. Mean Sea Level: For the purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. Medical, Dental or Professional Office /Clinic: A building used for the provision of executive, management, or administrative services. Typical uses include, but are not limited to, administrative offices and services including real estate, property management, investment, insurance, medical, dental, legal, architect, engineer, travel, secretarial, accounting, auditing and bookkeeping organizations and associations, and vehicle rental office without on -site storage of fleet vehicles. Menu Board Sign: A permanent freestanding sign displaying the type and price of food, beverages or other products sold in connection'' with permitted outdoor or in connection with a restaurant with drive- through service. Mini - Warehouse /Public Storaye: A building(s) containing separate, individual self - storage units for rent or lease. The conduct of sales, business, or any activity other than storage shall be prohibited within any individual storage unit. Miscellaneous Hazardous Industrial Use: Any industrial use not specifically defined in this section that is determined by Health, Fire or building officials to be a hazard or nuisance to adjacent property or the community at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or radiation. Mobile Home: Astructure that was constructed before June 15, 1976, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis' designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air - conditioning and electrical systems. Modular Home: A dwelling that is manufactured in two (2) or more modules at a location other than the home site and which is designed to be used as a residence when the modules are transported to the home site and joined together and installed on a permanent foundation system in accordance with the appropriate Building Codes of the City including plumbing, heating /air conditioning and electrical systems to be contained in the structure. The term modular home shall not mean nor apply to a mobile home as defined in the Texas Manufactured Housing Standards Act, nor is it to include building modules incorporating concrete or masonry as a primary component. 50307818.3 19 Article 16 — Defmitions Schertz Unified Development Code Monopole Tower: A self - supporting tower facility composed of a single spire used to support telecommunication antennas. Monopole towers cannot have guy wires or bracing. Monument Sign: A permanent freestanding ground sign whose base is directly on the ground or has a maximum of twelve inches (12 ") of clearance from the adjacent grade. Mortuary /Funeral Parlor: A place for the storage of human bodies prior to their burial or cremation, or a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation. Motel or Motor Hotel: A building or group of buildings including either separate units or a row of units used or intended to be used as living quarters for transient guests, and provide off - street parking space on the same building lot for use of its occupants. Multi- Tenant Sign: A sign that identifies the names and locations of tenants in a multi- tenant building or in a development made up of a group of buildings. Municipal Uses Operated by the City: Any area, land, building, structure, and/or facility owned, used, leased, or operated by the City including, but not limited to, administrative office, maintenance facility, fire station, library, sewage treatment plan, police station, water tower, service center, and park. Neon Sign: Any sign containing exposed transparent or translucent tubing illuminated by neon, argon or a similar gas on or near the exterior of a building or window. This shall not include those signs lighted by an internal light source and designed so that the rays go through the face of the sign. Non - access Easement: The limitation of public access rights to and from properties abutting a highway or street, by restricting curb cuts and access to rear or side of property or to an area abutting a developed area that may have a deprecating and/or potentially dangerous effect on the a. Ono -foot non - access easement: The limitation of public access rights to and from properties abutting a'highway or street by restricting curb cuts and access to rear or side of property when the property has another dedicated access to a public b. One foot :partial access easement: The limitation of public access rights to and from properties abutting a highway or street only by use of portable ramps, and restricting curb cuts when the property has another dedicated access to public right -of -way. C. Non - access easement: A designated area abutting a development which may be considered to have a deprecating and/or potentially dangerous effect to the property because it backs up to a railroad right -of -way, gas line, etc. 50307818.3 20 Article 16 — Defmitions Schertz Unified Development Code Noncommercial Farm or Hobby Farm: An agricultural operation whose income is incidental to the total household income of the occupants who are usually commuter suburbanites. Products produced are for the consumption by owner or provide insignificant income. Non - Conforming Sign: A sign that was legally installed or modified in accordance with local laws, codes, ordinances and approvals in effect at the time of installation or last significant modification, but which does not comply to laws, ordinances, codes or other regulations enacted subsequent to that time. Nonconforming use, structure or lot: The use of land or a building, or „a portion thereof, which use does not conform with the regulations of the zoning district in which it is situated and which was in existence prior to the effective date of this UDC and/or prior to being annexed into the City. Nursery, Major: An establishment for the cultivation and propagation, display, storage, and sale (retail and wholesale) of large plants, shrubs, trees, and other materials used in indoor and outdoor plantings; and the contracting for installation and/or maintenance of landscape material as an accessory use. Outdoor display and storage is permitted. Nursery, Minor: A retail business for the ornamental plants, seeds, garden and lawn outdoor planting, without outside storage ors Off - Premise Sign: Any sign displaying ac organization, activity, event, place, servicf manufactured or sold on the premises on whi Office Showroom: 'A building that primaril for products and/or services delivered or pc facilities are appropriate. Incidental retail sal and/or services are permitted. of small trees, shrubs, flowers, r materials used in indoor and - rtising copy that pertains to a business, person, or product not principally located or primarily 1 the sign is located. onsists of sales offices and sample display areas rtned off - premises. Catalog and telephone sales of products associated with the primary products Office- Warehouse: A building primarily devoted to the storage, warehousing, and distribution of goods, merchandise, supplies, and equipment. Accessory uses may include retail and wholesale sales areas, sales offices, and display area for products sold and distributed from the storage and warehousing areas. On- Premise Sign: Any sign relating to the premises on which it is located referring to events, persons, products, goods, services, activities, institutions or businesses on or offered on such premises, or the sale, lease, or construction of such premises. Open Space: The part of the countryside which has not been developed and which is desirable for preservation in its natural state for ecological, historical or recreational purposes, or in its cultivated state to preserve agricultural, forest or urban greenbelt areas. Packaging /Mailin, Store: „ An establishment where services are provided for the mailing and packaging of parcels. These services may include U.S. mail, UPS, FedEx and other similar 50307818.3 21 Article 16 — Defmitions .................................................................................................................................................................................................................................... ............................... Schertz Unified Development Code services. Incidental uses may also include, but not limited to, copy services, printing, and stationary supplies. Parking Spaces: A surfaced area, enclosed or unenclosed, sufficient in size to store one (1) motor vehicle, with a surfaced driveway connecting the parking space with the street or alley and permitting ingress and egress of a motor vehicle.. Pavement Width: The portion of a street available for vehicular traffic between the face of curbs and gutters. Pawn Shop: An establishment where money is loaned on the security of personal property pledged and retained by the owners (pawnbroker). Peak Hour Trips (PHT): The number of traffic units generated by and attracted to the proposed development during its heaviest hour of use, dependent on type of use. Pennant: Any long, narrow, usually triangular flag composed primarily of cloth, paper, fabric or other similar non -rigid material which may be used as a temporary sign to announce grand openings and/or special events. Permit: An official document or certificate issued by the authority having jurisdiction authorizing performance of a specified activity. Person: Any individual, association, firm, corporation, governmental agency or political subdivision. Pervious Concrete: Concrete that is permeable as supported by an engineered drainage study. Planning and Zoning Commission: The body established by City Council under the City Charter and the LGC whose duties and responsibilities are specifically provided for in section 21.3.3 of this UDC. Plat: The map, idrawing or chart on which a subdivider's plan of a subdivision is presented and submitted for approval. Political Sign: A sign pertaining to any national, state, county or local election, or issue and erected for the purpose of announcing a political candidate, political party or ballot measure, or a position on a political issue. Portable or Mobile Sign: Any sign designed or constructed to be easily moved from one location to another or designed to be mounted upon a trailer, wheeled carrier, or other non - motorized mobile structure. A portable or mobile sign which has its wheels removed shall still be considered a portable or mobile sign under this UDC. Porte - cochere: A structure attached to a residence and erected over a driveway, not exceeding one story in height, and open on two or more sides. 50307818.3 22 Article 16 — Defmitions Schertz Unified Development Code Preexisting Towers and Preexisting Antennas: Any Tower or Antenna for which a building permit or variance has been properly issued prior to the effective date of this UDC, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired. Print Shop, Major: An establishment specializing in long -run printing operations including, but not limited to, book, magazine, and newspaper publishing using engraving, die cutting, lithography, and thermography processes. Print Shop, Minor: An establishment specializing in short -run operations to produce newsletters, flyers, resumes, maps, construction documents and plans and similar materials using photocopying, duplicating, and blue printing processes. This definition shall .include mailing and shipping services. Private Club: An establishment providing social and dining facilities, as well as alcoholic beverage service, to an association of persons, and otherwise falling within the definition of, and permitted under the provisions of, State law, as the same may be hereafter amended, and as it pertains to the operation of private clubs. >lished in Article 11, any specifically identified as or proposed street during rises, or a portion of the nmper, travel trailer, fifth are parked for living and -s, or enclosure used or -cc separated recoverable lected, stored, flattened, erials to manufacture new products. The materials are stored on -site in bins or trailers for shipment to market. Recycling Collection Point: An incidental use that serves as a neighborhood drop -off point for temporary storage of recoverable resources. No processing of such items is allowed. This facility would generally be located in a shopping center parking lot or in other public /quasi - public areas such as in churches and schools. 50307818.3 23 Article 16 — Defmitions Schertz Unified Development Code Recycling Facility: A building or site that is not a salvage yard and in which recoverable resources, such as newspapers, magazines, books, and other paper products, glass, metal cans, and other products are collected, stored and recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production. Regulatory Flood Protection Elevation: The elevation of the regulatory flood plus one (1') foot of freeboard to provide a safety factor. Rehabilitation Care Facility: A facility which provides residence and care to persons who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct. Restaurant or Cafeteria: An establishment where food and drink are prepared and consumed primarily on the premises. Drive -up windows are permitted. Restaurant, Drive -In: An eating establishment where food or drink is served to customers in motor vehicles or where facilities are provided on the premise which encourage the serving and consumption of food in automobiles on or near the restaurant premises. Retail Food Store: A retail establishment selling meats, fruits,, vegetables; bakery products, dairy products, light hardware and other similar items which are purchased for use and/or consumption off the premises; may be a drive -in or supermarket type. Retail Stores and Shops: An establishment engaged in the selling of goods and merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Right -of -Way The right of passage acquired for or by the public through dedication, purchase or condemnation and intended to provide pedestrian and vehicular access to abutting lots, tracts or areas which may also be used for utilities and to provide for drainage ways. Road: 'Seethe definition of "Street". Roof Sign: Any sign wholly erected on, affixed to or supported by a roof of a building. Safety Lanes: Paved easements granted to the City, to the public generally, emergency vehicles and/or to a private utility corporation, for installing or maintaining utilities across, over or under private land, together with the right to enter thereon with machinery and vehicles necessary for the maintenance of said utilities. These easements may at times be referred to as fire lanes. Safety lanes may also be used as ingress and egress to the property. Sandwich Board Sign: See "A" Frame Sign. Satellite Antenna: An antenna, greater than one (1) meter in diameter, which enables the transmission of signals directly to and from satellites. Such antennas are commonly known as a satellite dish, dish antenna, parabolic antenna, or satellite earth station antenna. 50307818.3 24 Article 16 — Defmitions .................................................................................................................................................................................................................................... ............................... Schertz Unified Development Code Satellite Receive -Only Antenna: An antenna, one (1) meter or less in diameter that enables the receipt of television signals transmitted directly from satellites to be viewed on a television monitor. Such antennas are commonly known as a satellite dish, television receive -only antenna, dish antenna, parabolic antenna, or satellite earth station antenna. School, Private: A school operated by a private or religious agency or corporation other than an independent school district, having a curriculum generally equivalent to a public elementary or secondary school. School, Public: A school operated by an independent school district or charter school and providing elementary or secondary curriculum. Secured (Gated) CommunitX: A residential area surrounded by a masonry or wrought iron fence with at least two (2) entrances, electrically or manually controlled gates and administered by a Homeowners Association. Setback: The minimum distance specified by this UDC from the front, rear, and side lot lines, and extending across the full width of the lot, on which no building or structure may be erected. Sexually Oriented Business: A business described as such in, and regulated by, Chapter 74 of the Code of Ordinances, as amended from time to time Shopping Center: A development containing a grouping of retail, service, and/or other commercial establishments in one (1) or more buildings on one (1) or more legally platted lots and constructed and designed to utilize shared parking and access. Sign: A name, identification; description, display, or illustration which is affixed directly or indirectly upon the exterior of a building or structure or upon a piece of land which directs attention to an object, location, event, person, product, good, service, activity, institution, or business. Siyn Area: The area of any sign shall be the sum of the area enclosed by the minimum imaginary rectangles, triangles, or circles which fully contain all extremities of the sign, including the frame, all words, numbers, figures, devices, designs, or trademarks by which anything is made known, but excluding any supports. To compute the allowable square footage of sign area, only one (1!) side of a double -face sign shall be considered. Sign Height: The vertical distance between the highest part of a sign or its supporting structure, whichever is higher, and the average established ground level beneath the sign. Subdivision or Neighborhood Sign: Any sign used to mark the entrance to a specific subdivision or neighborhood. Usually a low profile monument sign designed in such a way as to indicate the name of the specific community and placed at the main entry to such community. Site Plan: A development plan, drawn to scale, showing uses and structures proposed for a parcel of land required by this UDC. This includes, but is not limited to, existing and proposed conditions of the lot and major landscaping figures, the location of all existing and proposed 50307818.3 25 Article 16 — Defmitions Schertz Unified Development Code buildings, lot lines, streets, driveways, parking spaces, walkways, means of ingress and egress, drainage facilities, utility service, landscaping, structures and signs, lighting, screening devices and other information that may be reasonably required in order to make an informed determination as opposed to a subdivision plan which relates to the layout of lots and parcels, platting of lots and parcels and the provision of public facilities necessary to build a subdivision. Stable, Commercial: A stable used for the rental of stall space or for the sale or rental of horses or mules. Start of Construction (includes substantial improvements ): The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within ISO days of the permit date. The actual start means either the first placement of permanent construction or a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home - on a foundation. Permanent construction does not include land preparation, such as clearing; grading and filling; nor does it include the installation of streets, and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. State: The State of Texas. Stealth Facility: "Stealth" is a generic tenn describing a method that would hide or conceal an antenna, supporting electrical or mechanical equipment, or any other support structure that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible to the surrounding neighborhood. Stealth facilities replicate or duplicate the consi Tower Structures, and camoufl, surrounding environment. materials. include' totally enclosed antennas, wireless facilities that n of common structures such as flagpoles, Alternative vireless facilities that are constructed to blend into the A building used primarily for the storage of goods and Story: That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. Street: A strip of land comprising the entire paved area between the face of curbs and gutters and within the right -of -way, intended for use as a means of vehicular and pedestrian circulation to provide access to more than one (1) lot. Street, Collector: A roadway which collects traffic from local streets and connects within major /minor arterial streets. 50307818.3 26 Article 16 — Defmitions Schertz Unified Development Code Street Line: A dividing line between a lot, tract, or parcel of land and a contiguous street. Street, Major /Minor Arterial: A designated principal traffic thoroughfare more or less continuous across the City, which is intended to connect remote parts of the City or areas adjacent thereto, and act as principal connecting street with State and Federal highways. Street, Private: Any street right -of -way not dedicated to public use. Street, Public: Any roadway for use of vehicular traffic dedicated to public use and/or owned, controlled and maintained by the City, a County, or the State. Street Width: The shortest horizontal distance between the lines which delineate the street. Structural Alterations: Any change of a supporting member of a structure such as bearing walls, columns, beams or girders. Structure: Anything constructed or built, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground. Studio, Tattoo or Body Piercing: A building or portion of a building used for selling or applying tattoos by injecting dyes /inks into the skin, and/or to pierce the skin with needles, jewelry or other paraphernalia, primarily for the purpose of ornamentation of the human body. Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its prior condition would equal or exceed fifty percent (50 %) of the market value of the structure before damage occurred. Substantial Improvement: Any', reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50 %) of the market value of the structure before "start of construction" of the improvement. This includes structures which have incurred "substantial damage ", regardless of the actual repair work performed. The term does not, however,', include either: a. a project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or b. any alteration of an "historic structure" provided that the alteration will not preclude the structure's continued designation as an "historic structure ". Subdivider or Developer: Are synonymous and include any person, partnership, firm, association, corporation (or combination thereof), or any officer, agent, employee, servant, or trustee thereof, who performs, or participates in the performance of, any act toward the subdivision of land within the intent, scope and purview of this UDC. 50307818.3 27 Article 16 — Defmitions Schertz Unified Development Code Subdivision: The division of any lot, tract or parcel of land into two (2) or more lots, tracts or parcels of land for the purpose, whether immediate or future, of sale or rebuilding development, situated within the City's corporate limits or within the ETJ. It also includes vacation and resubdivision of land or lots. Survey A State licensed land surveyor or registered public surveyor, as authorized by the State statutes, to practice the profession of surveying. Tavern: An establishment primarily in the business of serving alcoholic beverages to the general public which may also include the sale of food. Tax Certificate: A certificate from the applicable tax assessor's office confirming that all City ad valorem taxes levied on a property that are due have been paid or that the property owner is lawfully contesting such taxes. If such taxes are being contested, the property owner must establish, to the satisfaction of the City Manager, in his/her sole discretion, that such contest is being conducted by the property owner with reasonable speed. Taxidermist: An establishment whose principle business is the practice of preparing, stuffing, and mounting the skins of dead animals for exhibition in a lifelike state. Telecommunications Equipment Storage Building: An unmanned, single story equipment building or structure used to house telecommunications equipment necessary to operate a telecommunications network. Telecommunications Tower: Any structure that is designed and constructed for the purpose of supporting one (1) or more antennae used for the provision of commercial wireless telecommunications services. This definition includes monopole towers, alternative mounting structures or any other vertical support used for wireless telecommunications antennae. This definition does not include commercial radio or television towers; nor does it include such things as Satellite Receive Only Antenna or Amateur Radio Antennas. Telecommunications Tower Facility: A facility that contains a telecommunications tower and equipment storage building or structure. Temporary Sign: Any sign identified by this UDC which is intended to be displayed for seasonal or brief activities including, but not limited to, sales, specials, promotions, holidays, auctions, and/or business, grand openings. Temporary Structure: A structure that is manufactured off -site and brought to the site. It is to be temporary in nature and used only until a permanent structure can be constructed or refurbished. Theater, Drive -In: An open lot devoted to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles. Theater, Indoor: A building or part of a building devoted to the showing of motion pictures or for dramatic, musical, or live performances. 50307818.3 28 Article 16 — Defmitions Schertz Unified Development Code Townhouse: A single - family dwelling unit in a row of such structures and attached by one (1) or more common walls. Travel Trailer: A structure designed for temporary dwelling for travel, recreation and vacation, and which can be readily towed over the road by a motor vehicle. Truck Sales, HeavesEquipment: The display, storage, sale, leasing, or rental of new or used panel trucks, vans, trailers, recreational vehicles, or buses in operable condition. TV Antenna: An antenna that enables the receipt of television signals transmitted from broadcast stations. Unlimited Access Hiyhways: State Farm to Market Roads 78, 482, 1103, 1518, 2252, and 3009 and Schertz Parkway. Use: The purpose or activity for which the land or building thereby is designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the performance standards of this UDC. Utility Easement: An interest in land granted to the City, to the public generally, and/or to a private utility corporation, for installing utilities across, on, over, upon or under private land, together with the right to enter thereon with machinery and vehicles necessary for the maintenance of said utilities. Variance: Permission to depart from this UDC when, because of special circumstances applicable to the property, strict application of the provisions of this UDC deprives such property of privileges commonly enjoyed by other properties in the same vicinity. Variety Store: A retail commercial establishment' which supplies a variety of household goods, toys, light hardware items, candy, some clothing and other general merchandise. Veterinarian Clinic and/or Kennel, Indoor: An establishment, with no outside pens, where animals and pets are admitted for examination and medical treatment, or where domesticated animals are housed, groomed, bred, boarded, trained, or sold for commercial purposes. Veterinarian Clinic and/or Kennel, Outdoor: An establishment with outside pens, where animals and pets are admitted for examination and medical treatment, or where domesticated animals are housed, groomed, bred, boarded, trained, or sold for commercial purposes. Visibility Triangle: The triangular sight area from the corner of converging streets to a distance of 25 feet along each street with the triangle completed by drawing a line through the property from both 25 foot points on the converging streets. Wall Sign: Any sign painted on, attached to or projected from the wall surface of a building, including window signs and signs on awnings and/or marquees. 50307818.3 29 Article 16 — Defmitions Schertz Unified Development Code Water Surface Elevation: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. Welding /Machine Shop: A workshop where metal fabrication tools, including, but not limited to, welders, lathes, presses, and mills are used for making, finishing, or repairing machines or machine parts. Wind Sign: Any display or series of displays, banners, flags, pennants or other such objects designed and fashioned in such a manner as to move when subjected to wind pressure. Wind signs shall only be permitted as temporary signs. Wrecking or salvage ard: An open air place where waste,, discarded or salvage materials are bought, sold, exchanged, baled, packed, disassembled or handled. This definition includes automobile wrecking yards, house wrecking yards, used lumber yards, and places for storage of salvaged materials of house wrecking, automobile scrap metal, and structural steel materials and equipment. Xeriscape: Environmental design of residential and park land using various methods for minimizing the need for water use. Yard, Front Setback: A yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the street right -of -way line and the main building or any projections of the usual uncovered steps, uncovered balconies, or uncovered porch. On corner lots the front yard shall be considered a parallel to the street upon which the lot has its least dimension. Yard, Rear Setback: A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof, other than the projections of uncovered steps, unenclosed balconies, or unenclosed porches. Yard, Setback:' An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of the rear yard, the minimum horizontal distance between the lot line and the main building shall be used. Yard, Side: A yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of the building. Zoning District: Any area of the City for which the zoning regulations governing the use of land and buildings, the height of buildings, the size of lots and the intensity of use are uniform pursuant to this UDC. End of Article 16 50307818.3 30 Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: July 16, 2013 Department: Public Works Subject: Ordinance No. 13 -T -23 — Budget Adjustment to Fund the Maske Road Waterline Project. (Final Reading) BACKGROUND No waterline exists on Maske Road. The City of Schertz is in process of constructing the Soccer Complex on Maske Rd that requires water service. Public Works also needs to extend a water line from the high pressure zone to the 20" water line that delivers water to Universal City to improve the flow. Council approved a contract with Ford Engineering on June 11, 2013 for engineering and design services for the project. Public Works is ready to begin the bid and construction process for the water line. To do so, a budget transfer is necessary to move approved funds from the Aviation Heights Phase 5 Waterline Project to the Maske Road Waterline Project. Revised Budget Estimate Engineering $65,905 Construction $269,224 Legal $5,000 Advertising $500 Other Prof. Services $5,000 Contingency $7,640 Construction Contingency $14,250 Project Total $367,519 Staff recommends approval to transfer $367,519 from the Aviation Heights Phase 5 Waterline Project to the Maske Road Waterline Project. Goal Bid, design, and construct a 12" waterline on Maske Road. When complete, water mains and water meters will be placed along Maske Road and water service will be provided to the Soccer Complex and other properties along the roadway with improved now to the Universal City transmission line. Community Benefit Provide adequate water service and pressure to properties located on Maske Road and improve the water flow to the Universal City transmission line. Summary of Recommended Action Staff recommends Council approve the ordinance authorizing a budget transfer in the amount of $367,519 from the Aviation Heights Phase 5 Waterline Project to the Maske Road Waterline Project. City Council unanimously approved the Ordinance on its first reading on July 9, 2013. City Council Memorandum Page 2 FISCAL IMPACT This action will approve transferring $367,519 from the approved FY 2012 -13 Aviation Heights Phase 5 Waterline Project to the Maske Road Waterline Project. RECOMMENDATION Staff recommends Council approve Ordinance 13 -T -23 Final Reading ATTACHMENTS Ordinance 13 -T -23 ORDINANCE NO. 13 -T -23 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT FROM THE AVIATION HEIGHTS PHASE 5 WATERLINE PROJECT TO THE MASKS ROAD WATERLINE PROJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 12 -T -25, the City of Schertz (the "Ljjy ") adopted the budget for the City for the fiscal year 2012 -2013 (the "Budget , which provides funding for the City's operations throughout the 2012 -2013 fiscal year; and WHEREAS, the City needs to adjust the Budget to move $367,519 from the approved Aviation Heights Phase 5 Waterline Project to the Maske Road Waterline Project for the design, bid, and construction of the Maske Road Waterline; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve using funds from approve Aviation Heights Phase 5 Waterline Project; and WHEREAS, the City Council of the City has determined that it is in the best interests of the City to adjust the Budget and approve the transfer of funds from the approved Aviation Heights Phase 5 Waterline Project, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the Budget and shall move $367,519 from the approved Aviation Heights Phase 5 Waterline Project to the Maske Road Waterline Project for the design, bid, and construction of the Maske Road Waterline. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 9th day of July, 2013. PASSED, APPROVED and ADOPTED ON SECOND READING, the day of , 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50558021.1 - 2 - Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: July 16, 2013 Department: Public Works Subject: Resolution 13 -R -55 -- Bid Acceptance for Ware Seguin and Lower Seguin Road Reconstruction Proj ect BACKGROUND As part of the 2006 Street Bond Election, the City designated funding for rehabilitation of various Rural Roads within the City. The Reconstruction of Ware Seguin Road was completed in 2011 except for the portion from FM 1518 to Old Ware Seguin Road at Schertz Forest. This project will complete the reconstruction of Ware Seguin Road. Lower Seguin Road is a 20 foot rural road with numerous repairs, unlevel areas and silted bar ditches. The street department will be widening and rehabilitating this road to a width of 24 feet. The ditch and driveway improvements will be subcontracted. This project was approved as part of the Rural Roads bond projects for the Street Bonds. On May 29, 2012, Council authorized an agreement with Don McCrary and Associates to engineer, design, and bid these projects. Additionally, a preliminary project budget was approved. Budget Estimate: *Construction budget is based on bid amount Rural Roads Bond Project Estimated Totals: Ware Seguin Road $487,499.35 Lower Seguin Road $544,841.30 Lazy Oak $169,840 Total Estimated Expense $1,202,180.65 Rural Road Bond Project Reserve Balance (As of May 31, 2013): $1,673,961 Please see attached spreadsheet for a detailed breakdown of costs associated with the Rural Road Bond Projects. Ware Seguin Road Lower Seguin Road Engineering $16,500 $9,200 Advertising/Legal $1000 $200 Construction $422,598.35* $477,941.30* Other Professional Services $2,700 $5,000 Contingency $2,200 $4,700 Construction Contingency $42,501 $47,800 $487,499.35 $544,841.30 *Construction budget is based on bid amount Rural Roads Bond Project Estimated Totals: Ware Seguin Road $487,499.35 Lower Seguin Road $544,841.30 Lazy Oak $169,840 Total Estimated Expense $1,202,180.65 Rural Road Bond Project Reserve Balance (As of May 31, 2013): $1,673,961 Please see attached spreadsheet for a detailed breakdown of costs associated with the Rural Road Bond Projects. The project was engineered, designed, and bid. Five (5) bids were received on this project on June 4, 2013 and after reviewing all bids, D &D Contractors, Inc. submitted the lowest bid in the amount of $520,735.90 for the reconstruction of Ware Seguin and Lower Seguin Road. If the bid is approved, D &D will complete the entire reconstruction of Ware Seguin Road and the silt removal from drainage ditches as well as complete concrete work for driveways and culverts on Lower Seguin Road. The road construction project for Lower Seguin Road will be completed by the Public Works Street Department. Goal To enter into a contract with D &D Construction to complete the reconstruction of Ware Seguin and Lower Seguin Road in the amount of $520,735.90. Community Benefit Reconstruction and widening of these roadways will allow for safer traffic conditions for vehicles traveling on this rural roadway. The improvement in the quality of the base and surface materials will also provide greater protection from the environmental conditions that caused the deterioration of the existing roadway and extend the acceptable service life of the pavement. Summary of Recommended Action Approve Resolution No. 13 -R -55 accepting the bid from D &D Construction to complete the reconstruction of Ware Seguin and Lower Seguin Road in the amount of $520,735.90 and to approve project expenditures not to exceed $487,499.35 for Ware Seguin Road and not to exceed $544,841.30 for Lower Seguin Road. FISCAL IMPACT Fiscal impact of $520,735.90 for D &D Contracting included in the not to exceed amount of $487,499.35 for Ware Seguin and the not to exceed amount of $544,841.30 for Lower Seguin. RECOMMENDATION Staff recommends Council approve Resolution No. 13 -R -55. ATTACHMENTS Resolution 13 -R -55 Exhibit A: Letter of Recommendation Exhibit B: Bid Tabulation Exhibit C: Project Estimate Breakdown RESOLUTION NO. 13 -R -55 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONTRACT WITH D &D CONSTRUCTION RELATING TO THE RECONSTRUCTION OF WARE SEGUIN ROAD AND LOWER SEGUIN ROAD AND AUTHORIZING THE BUDGET ESTIMATES FOR BOTH PROJECTS AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, The City staff of the City of Schertz (the "City ") has recommended that the City accept the bid proposal from D &D Construction for the reconstruction of Ware Seguin Road and Lower Seguin Road and approve the project expenditures; and WHEREAS, City staff has received qualifications indicating that D &D Construction is qualified to provide such services for the City; and WHEREAS, this project will be funded from the 2009 Street Bonds; and D &D Construction will complete the entire reconstruction of Ware Seguin Road and the silt removal from drainage ditches as well as complete concrete work for driveways and culverts on Lower Seguin Road. The road construction project for Lower Seguin Road will be completed by the Public Works Street Department. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the contract with D &D Construction to complete the reconstruction of Ware Seguin and Lower Seguin Road in the amount of $520,735.90 and to approve project expenditures not to exceed $487,499.35 for Ware Seguin Road and not to exceed $544,841.30 for Lower Seguin Road. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 16th day of July, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50506221.1 - 2 - 1. Wan 404 VAMMOOV, "Ito I I i ""a f ✓, lex �` 1 d k5 '"`E. i# t C I '. ,�::' y -�� .�.. 1 � i'._ ��.. ..,:� ^��E., a�: .,- "'�..�i .l .e. �.; ,i:�w. b:,� ..fi.- lr.3`a.L•�.. e.,s �0 .oaf .�¢ _, .�. ��:', �7 .- ���i _ _ IV! P�7 �� f Project 5 SA5 Fu ndl 404 - Rural Road Bond's Project Code 404 -900 Budget Date: 5/29/2012 Project Name Account Number Account Descritption Original Budget Expenses to Date Ware Seguin Phase II' 404- 900 - 532900 Contingency $2,200.00 $0.00 404- 900 - 534100 Advertising $500.00 $0.00 404- 900 - 541100 Engineering $16,500.00' $0.00 404- 900 - 541200 Legal $500.00 $0.00 404- 900 - 541300 Other Prof Svcs $2,700.00 $0.00 404- 900 - 551900 Construction $422,598.65 $0.00 404 -900- 551910 Construction Cont $42,501.00' $0.00 404- 900 - 581010 Land & ROW $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Project Total $487,499.65 $0.00 Project 9 SA6 '' Fu ndl 404 - Rural Road Bond's Project Code 404 -900 Budget Date: 9/1/2012 Project Name Account Number Account Descritption Original Budget Expenses to Date Lower Seguin Rd 404- 900 - 532900 Contingency $4,700.00 '' $0.00 404- 900 - 534100 Advertising', $200.00 $0.00 404- 900 - 541100 Engineering $9,200.00 $0.00 404- 900 - 541200 Legal $0.00 $0.00 404- 900 - 541300 Other Prof Svcs $5,000.00 $0.00 404- 900 - 551900 Construction $477,941.30 $0.00 404- 900 - 551910 Construction Cont $47;800.00' $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Project Total $544,841.30 $0.00 Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: July 16, 2013 Department: Development Services Subject Ordinance No. 13 -S -24 - ZC2013 -008 — Continue the public hearing, and consideration and /or action approving an Ordinance for a proposed street name change of Enterprise Avenue to Schertz Parkway from the intersection of IH 35 frontage road extending north to the intersection of Lookout Road. First Reading — B. James/M. Sanchez BACKGROUND The City of Schertz has requested that the street name of Enterprise Avenue be changed to Schertz Parkway beginning at the intersection of IH 35 frontage road and extending north 3,600+ feet to the intersection of Lookout Road. Guidelines for street name changes adopted in May 1989 include: • Public hearing and consideration of the proposed name change by the Planning and Zoning Commission and City Council. • Notice to property owners located adjacent to the street or road in question advising them of the proposed name change and the scheduled public hearing dates. • Review by staff to include Police, Fire, EMS and Bexar Metro 911 District. • The Planning Commission is required to forward a recommendation to City Council within ten (10) days of their public hearing and City Council is required to hold a public hearing and consider the request. • Upon adoption of a street name change, notification of such change will follow procedures similar to those used for notification of an annexation to include notification to Bexar Metro E -911, the appropriate County and school district and the post office. With regard to the proposed change of Enterprise Avenue to Schertz Parkway, twelve (12) notices were sent to affected property owners on May 31, 2013 of the Planning and Zoning Commission public hearing which was held on June 12, 2013. Three (3) responses were received in favor of the request and no objections or neutral responses were received. The Commission conducted the public hearing and considered the street name change offering a recommendation for approval. City Council Memorandum Page 2 This request was originally scheduled to be presented to the City Council for public hearing and consideration on June 25, 2013. The public hearing was held and the City Council tabled action of the item until the regular meeting of July 16, 2013. Property owners were re- noticed on June 19, 2013 of the City Council meeting scheduled for July 16, 2013. Council will continue the public hearing to allow for any additional public comment on this item. Goal To change the street name of Enterprise Avenue to Schertz Parkway from the north side of IH 35 beginning at the intersection of the IH 35 frontage road and extending north to the intersection of Lookout Road. Community Benefit The function of Municipal Street naming and addressing is to enable people to locate properties readily, ensure delivery of goods and services and importantly aid in public safety issues. Changing the name of Enterprise Avenue to Schertz Parkway will provide for consistent identification of Schertz Parkway from FM 78 north beyond IH 35 to Lookout Road; and it will provide for an improved means of locating new business growth on Schertz Parkway north off IH 35. Summary of Recommended Action The Planning and Zoning Commission considered the request and made a recommendation of approval to change Enterprise Avenue to Schertz Parkway. Because Enterprise Avenue is entirely located within the Schertz City Limits, there is no need for an Interlocal Agreement with the City of Selma and are not going to consider the proposal to change Enterprise Avenue. FISCAL IMPACT Public Works will replace three (3) street signs at a cost of $135.00 ($45.00 per sign). RECOMMENDATION Staff recommends approval of the first reading of Ordinance 13 -S -24 to change the street name of Enterprise Avenue to Schertz Parkway. ATTACHMENT Ordinance No. 13 -S -24 Map Exhibit Street Name Approval (Post Office) ORDINANCE NO. 13 -S -24 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TO CHANGE THE STREET NAME OF ENTERPRISE AVENUE TO SCHERTZ PARKWAY AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Schertz, Texas (the "City ") desires to change the street name of Enterprise Avenue to Schertz Parkway beginning at the intersection of IH 35 frontage road and extending north 3,600+ feet to the intersection of Lookout Road as shown in Exhibit A, attached hereto. WHEREAS, the Planning and Zoning Commission ( "P &Z ") of the City voted to recommend approval of the street name change on June 12, 2013. WHEREAS, the City Staff of the City has recommended that the City Council approve the proposed street name change; and WHEREAS, the function of municipal street naming and addressing is to enable people to locate properties readily, ensure delivery of goods and services and importantly aid in public safety issues. WHEREAS, the City Council has determined that the street name change of Enterprise Avenue to Schertz Parkway creates a vision and identity for the continuing growth and future of Schertz, as set forth herein, and is in the best interest of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I Section 1. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 2. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 3. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 4. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Ordinance 13 -S -24- Street Name Change Enterprise Avenue Section 5. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 6. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED AND APPROVED on first reading this the 16th day of July, 2013. PASSED, APPROVED, AND ADOPTED on second reading this the day of 2013. Mayor, Michael R. 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