Ordinance 13-S-20 - Rezone from GB to PDDORDINANCE N0.13-5-20
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP
ORDINANCE NO. 11-5-15 BY REZONING APPROXIMATELY 2.668E
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 3S; AND OTHER MATTERS IN
CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The property owner is requesting to rezone approximately 2.668E acres of land
described in the Exhibit A and B attached hereto and incorTorated herein by reference
(hereinafter, the "Property").
WHEREAS, ail 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 "Ori final Design Standards"Z
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. 11-5-15) 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inconsistent with any provision of this Ordinance are hereby repealed to the extent of such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-2D Huhertus 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 bylaw.
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 f rst reading the 9t1i day of 7uly, 2013.
PASSED, APPROVED AND ADOPTED on final re the 1 n f July, 2013.
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
{SEAL OF THE CITE
Ordinance 13-5-20 Hubertus Retail Subdivision
/D
E NC~/I NE i; fl S
MACINA ~ BOSS ~ COPELAN~ and ASSOCIA?'~S, INC
COh1SULFINCi ENC,INEERS Atgb LAND SURVEYORS
Texas Registered Engtneering Firm F-784
1035 Cenlrai Parkway North, San Antonio, Texas 79232
(210} 545-1122 FAX [2i0J Sg5.9302
www.mhcengineers.com
NJPTES AND BO[JND~S
DESCRIP220N OF
A 2,568 ACRE {116,232 SQUARE FEET} TRACT OF LA1~iD, BExNG THE
REMAINING PORTION OF LOT 6; BLOCK 1, HUBERTUS RETAIL, AS RECORDED
IN DOCq~9ENT #200806006465, PLAT RECORDS, COMAL COUNTX, 3'EXAS AND
HExNG MORE PARTIC[3LARLY DESCRIBED TiV A CI,OC~CWISE MANNER AS FOLLOWS:
COMMENGZNG: At a found ;~" iron rod on the southern right--of--way
line of interstate highway 35 to pnblS.c xight--of-way
varies}, said ~" ix-on rod being the northeast cox'ner
of a called 73.323 acre tract, as recorded in
Document x#200506003130, of the Deed Records of Coma],
County, Texas, said ~" iron rod also being the
northwest corner of Lot 2, Black 1, amending plat of
Hubertus Retail, as recorded in Document
#200906016499, off' the Corral County Flat Records, oft
Cotnal County, Texas;
r-
T~#ENCE: 5 30°15'13" E, 261.48 feet, departing said south
right-ot-way line of Interstate 35, along and with
said common tat l~.ne of 73.323 acre tract and said
I,ot 2, to a found i~" iron rod and ca~a "i'+1BC", fox the
POINT OF BEGINNING of this tract;
THE[~iCE: N 60°20`35" E, 424.1.6 feet, departing said east line
of_ 73,323 acre tract, to a found mag nail, said mag
nail being on t}xe south line of Lat 4, Block 1,
Hube>;tus Retail as recorded in Document
x#200806006465, of the Corral County Plat Records, of
Corral County, Texas and being the northeast corner
of this tract;
THETICE: S 29°39'25" E, 258.62 feet, tv a found mag nail,
sa~.d snag nail being the southwest corner of the
x'emaining portion of Lot 5, Block 1, Hubertus Retail
as recorded in Document #200806006465, of the Corral
County Plat Records, of Corral County, Texas and
being the southeast corner o,l: this tract, said mag
nail also being on the north line of a right--of-way
reservation as xecorded in Document #200906013128,
of the Deed Records of Corral County, Texas;
Page 7. of 3
9:\Co+~l\3082b-1103 SeIE St°iaye\LetteXp\2,668 Ao D20417.do° EXHIBIT A
THENCE; S 50°59'37" ~], 95,78 feet, along and with said north
Zinc of right-of-way reservation, to a found ~" iron
rod and cap "MBC" fox- the point of curvature o£ a
non--tangent cuz-ve to the left;
THENCE: 1$3.54 feet, along and with the north line of said
x-ight--of-way reservation and sand curve to the left,
which has a radius of 430.00 feet, a central. angle
of 24°27'21", and a chord bearing and distance of S
48°45'56" W, 182.15 .feet, to a found ~" lx'an rod and
cap "MBC", at a point of tangency;
THENCE: S 60°59'37" W, 45,91 feet, to a found ~" iron rod
and cap "MBC°, said /" iron rid being on the east
line of Raid 73.323 acre tract and the southwest
coiner 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 th~.s
t]CaCt, to the POINT 0~" EEGINNINl3.
I, Joe Edward Higle, Registered Professional Land Sux'veyox' do
hereby affirm that this descx-iption is based on the results of a
survey made on the ground by the fixm of M ~:~~` se, Copeland and
Associates , Tnc , , of which a survey Wrap ~i ,~r~ J ared ,
R~. NO. 47$8
LAND SURVEYOR
30826-Gomel
Februaxy 4, 2013
JEfi/n.t
EXHIBIT A-1
Page 2 of 3
e:lcoma113oezs-110J S42E SC°rage\I.ettersl2•S68 AG 020a17.d°c
}~
s
ELI NbEg9
' 8
~
~ ~ C
'3
i ~
cn cn
,
! ~ ~W
~ ~ V
~ 4 ~
~
1
t ~
S ~ ~~
~
5 ,ti
~ ~
~
~ i ,
~
`j
1
1
1
5 1_
~~ ~
~~
~ mN
C
~p
a p~y~
~~
a~
~~
a
~~~~~
P~~;
od~~~
N~i~~~
j
O
~ ~
ti
~ I
~ I
r
n
~~~°
uro~~
°v~
m
aaoy
~°~
~b
Y'~e
i ~ ~~
~ o ~~
ti
~ ~ sD
w
73.323 ACRES
(40 C~1~. 200608003134)
0 E ~ RiATA lANn LTp.
~Z~~~'~~~~P~~~~~r,
N30° 15'93"4V 292.4q.' 530° 15'13"~ 281.48' ~-
~ 1
~ 0~:~o6a
ed~d5f ~ ~ ~j
4
~
z ~
~
`
a r
9
ro f jf
-
-i
~ Z
I
~ a
~.~ -~
N ~I~
~
Q C 11
~ ~ fn
~~
,~~ ~1 0~ },W
~
°~~ jrl
N ~ W
T ~ ~ r ~ gb ~
e~t~r ~ I'
]
5h~1! /yam' yTy I
f/f ~
^~
~ IY ,
~ yp r
~~~ ~ I
~ ~
+nV~+°~1~G ti ~ ~° +
~"
~ ~ m ~
~
~a' ~
~ ~ .t`'A, ~ t I O f l
~
~
..,m
~ g
o oi~~: j~
.., `~
g ~
I ,
~
e~ss~ ~~
T
vwua
"
I ~
i
~ ~~~~SS~
E
s
~O
C
• 2909U5
~g4651 11
I ~~ .
O
0
~ ~ ~~ ~~
~
_
YFAIA4l.EIDOGN240~BOQ64~S5 ESN'T. , ~ 1+
J
~ ~~ e x I
J
~ ~~"~ ~
~
~ I ~ r--
~
I ~$~ ~ ~ ~
f
$ !
~~
I ~ '~ ~ ~~
~ '~
°~
~ ~
~
~
~ ~
~
~a~g o0 O ,~ I , I
I ~~ ~~ m{
I I ~ ~~ s it ~
i ~ ~;~ ~
N ~ -
N~
F.M. 190
(RIGHT-OF-WAY VARfES)
a ~
0o c ~
~~ ~
o ~~.
~~~z n~
~, "
EXHIBIT A-2
S~
7
Z
--I
rn
~~
~~
°m
~~
C~
C
m
b
D
o a
~-
..
o ~ ~O
'~Ty
II
0
0
N
4
O
lol
~ ~Y
~aa
Ana u ~~ ~pp~[
- N Y C O 2
2 ~~`~ ~ °~ Sa~ dii~ ax~rc
aJw~
v ~ ~ uao a~ -y ~ F i of
~~~ ~n~- ~~ ~t~e.~
~h~ zz ~ J >~ J ~1
S ~~°~ i~n~ n ~S
. °~.
- 1 ~ ~1'' ~ ._.._.. _.-.. .1..
- ,~~~ 5. `- -- ~---- --- 1-
. E b _ -r - ~~~~
~~ ail % - I ~ ~°~~,
yi it I ~ I •I ~ -- - ~ -~ 1
_ I
F III !I ~ rr~ ..n..~~.,. '- -~ _ ii ~!
w 11 ~4 ~ _~ ~' ' , ~ ~ '~~~ry
' ~' 1 1 a '. a ~ 1 4
11 ~ , 1 ~ ~_
^ ~ -'1: '~
J~
1~~~_ q.R •~y a 71 ~ F 3 ~ ~1\ •. 1
r~ ~ e~~` . !1 Ilj ~ i ~Yag 5 ~
'if. 1r'-fi '-L Ji_
pl. 1 ~I ~ i
.- _~, _ ~~,.- ~, rt
,,t J I, I' 1 -s~~ ~ I ~ A
- ~ - ~ mrwa iomnrs •.r _ a.alc a.na,a. ~ a.T;l
1 ~~~ 3aaia3~~
~~~~
`~s_~~ _
~I ~.
~ o
~ EXHIBIT B
0
- F
I ~~ °~~
~~3'fll a4 "s
Oy o ~
Q ~ {~{
~ f
ea o _
~~ ~~_
~ a_ ~
O ,~„ ~ a
v o=~,
a
~ ~'°~
W ~ ~,
~F a~~
o ~'
m~ -a
4 z a
Z V V ~
^~
L..L
~ ~ m
~XC?
~~'~
~~~
W(~-
(!)WX
i„ ~ = l.~l
o~
~~
z
z
N
y .,11
s'J `d~j 1
~Ty. .11.~ ~1~
~~~4°'s
~~ I ~:~,
~. ..:~
,1 p.: ~ ab s
i i Ir a,~~
~ !.~ -
Hubcrtus 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 Phis 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 affrces with entrances facing
the exterior.
General Devela meat Standards
A. Planned Development District:, This PDD shall be governed by the teams of the
UDC, Article 5, Sec. 21.5.10.
B. U_se of Land and building: The permitted uses within this PDD shall be those
allowed in accordance with the General Business (GB) district except Mir1i-
Warehouse/Public Storage which is allowed as per the requirements of #his 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. Li ht and Glare Standards: The standards for this development shall be regulated
by tlae regulations of the City of San Antonio's Military Lighting Overlay District (in
effect as of 3une 1, 2013) and the UDC, provided that the PDD will comply with the
more restrictive standard.
D. Development of Mini-Storage~nblic Warehouse_ The development of the
property will be developed in accordance with the UDC and as amended, except for the
following as it pertains ko Mini-Warehouse/Public Storage:
a. Landsca in standards: Landscaping shall 6e 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 lijxear feet (30')
and shrubs planted at minimum often (10) shrubs for each fifty linear feet
(SO') of the landscape buffer.
b. Cxlazing standards; At least thirty percent (30%) of the front farrade 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 (S') in height as depicted in the architectural elevations provided
herein.
EXH><13IT C
N174684v3 067318.1
c. Facade Articulations: Horizontal and vertical facade a-ticulations 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 facade 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 facade which may be concrete masonry
units or (iv) portions of the facade that are concrete masonry units covered
by stucco, as depicted in the architectural elevation(s) provided herein.
e. Low-water_ Use_Project: The project will incorporate a system by which
rainwater landing on stivctures 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 irrigate the landscaping on the property.
EXC~IBIT C-]
kf3746R4v3 467318.1