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03-04-2014 Agenda with backup (2)
City Council REGULAR SESSION CITY COUNCIL March 4, 2014, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Policy Values Economic Prosperity Fiscally Sustainable Family Friendly for All Ages High Quality of Life Safe Community Essential Services Attractive Community Innovative and Proactive Service Oriented Friendly City Call to Order — City Council Regular Session Invocation and Pledtes of Allegiance to the Flags of the United States and State of Texas. (Mr. Ken Ratcliff, Schertz Church of Christ) City Events and Announcements • ❑ Announcements of upcoming City Events (J. Bierschwale /B. James) • ❑ Announcements and recognitions by City Manager (J. Kessel) 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. 03 -04 -2014 Council Agenda WnrkcPecinn • ❑ Presentation, discussion and possible action regarding Microsoft Office 365 Software Agreements and internet upgrade. (B. James /M. Clauser) Discussion and Action Items 1. Minutes - Consideration and /or action regarding the approval of the minutes of the regular meeting of February 25, 2014, and minutes of the Special Retreat Workshop of February 27, 2014. (J. Kessel /B. Dennis) 2. Resolution No. 14 -R -19 — Consideration and /or action approving a Resolution authorizing licensing, product and enterprise enrollment agreements for a 3 year term with Microsoft and authorizing the purchase of licenses from SHI Government as part of the Microsoft Office 365 Email System Upgrade. (B. James /M. Clauser) 3. Resolution No. 14 -R -20 — Consideration and /or action approving a Resolution authorizing a contract with Liftoff LLC for implementation services associated with the Microsoft Office 365 Email System Upgrade. (B. James /M. Clauser) 4. Resolution No. 14 -R -21 — Consideration and /or action approving a Resolution authorizing an agreement to the upgrading of fiber provided by Time Warner Cable to increase the bandwidth, and other matters in connection therewith. (B. James/M. Clauser) 5. Resolution No. 14 -R -22 — Consideration and/or action approving a Resolution authorizing an application with Bexar County for a Community Development Block Grant (CDBG) for the meal program at the Schertz Area Senior Center. (B. James /C. VanZandt) PH 6 Ordinance No. 14 -S -08 - ZC2013 -007 — Conduct a public hearing and consideration and/or action approving an Ordinance and act upon a request by Schertz 1518, Ltd. to amend the Crossvine Planned Development District (PDD) zoning, a mixed use development consisting of approximately 545.74 acres. The property is more specifically described as a portion of the Julian Diaz Survey No. 66, Abstract No. 187, and also a portion of the E.R. Evans Survey No. 80, Abstract No. 216, County Block 5060, and also a portion of the Geronimo Leal Survey No. 79, Abstract No. 424, City of Schertz, Bexar County, Texas, generally located west of FM 1518 at Lower Seguin Road. First Reading (B. James/M. Sanchez /L. Wood) PH 7. Ordinance No. 14 -S -09 — Conduct a public hearing and consideration and/or action approving an Ordinance amending Part III Schertz Code of Ordinances, Unified Development Code (UDC), Article 1 General Provisions. First Reading (B. James/M. Sanchez /L. Wood) 8. Ordinance No. 14 -S -10 — Conduct a public hearing and consideration and/or action PH approving an Ordinance amending Part III Schertz Code of Ordinances, Unified Development Code, (UDC) Article 3, Boards, Commissions and Committees. First Reading (B. James /M. Sanchez /L. Wood) 03 -04 -2014 City Council Agenda Page - 2 - PH 9. Ordinance No. 14 -S -11 — Conduct a public hearing and consideration and/or action approving an Ordinance amending Part III Schertz Code of Ordinances, Unified Development Code, UDC Article 16 Definitions specifically the definition lot of record. First Reading (B. James /M. Sanchez /L. Wood) 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. 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 13. City Council will meet in closed session under section 551.087 Texas Government Code, Deliberation regarding Economic Development Negotiations with business prospects E -001, and E -003. Reconvene into Regular Session 13.a. Take any necessary action based on discussions held in closed session under Agenda Item number 13. Roll Call Vote Confirmation Adiournment CERTIFICATION 03 -04 -2014 City Council Agenda Page - 3 - 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 28th DAY OF FEBRUARY 2014 AT 5:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. -R>revLol2 pevuv, 'bs Brenda Dennis CPM, TRMC, MMC, City Secreta 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 2014. 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. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Mayor Pro -Tem Scagliola — Place 2 Audit Committee Animal Control Advisory Committee Hal Baldwin Scholarship Committee Cibolo Valley Local Government Corporation Interview Committee for Boards and Commissions Schertz Seguin Local Government Corporation Investment Advisory Committee Interview Committee for Boards and Commissions TIRZ II Board Sweetheart Advisory Committee Councilmember Fowler — Place 1 Councilmember John - Place 3 Interview Committee for Boards and Commissions Schertz Housing Board Liaison Randolph Joint Land Use Study (JLUS) Executive Committee 03 -04 -2014 City Council Agenda Page - 4 - Councilmember Edwards — Place 4 Councilmember — Duke — Place 5 Audit Committee Audit Committee ASA Commuter Rail District Board — Lone Star Investment Advisory Committee Hal Baldwin Scholarship Committee 03 -04 -2014 City Council Agenda Page - 5 - CITY COUNCIL MEMORANDUM City Council Meeting: March 4, 2014 Department: Subject: BACKGROUND City Secretary Minutes Agenda No. 1 The City Council held a regular meeting on February 25, 2014, and a Special Retreat Workshop meeting on February 27, 2014. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting on February 25, 2014, and the minutes of the Special Retreat Workshop on February 27, 2014. ATTACHMENT Minutes — regular meeting February 25, 2014, Special Retreat Meeting February 27, 2014. MINUTES SPECIAL JOINT & REGULAR MEETING February 25, 2014 A Special Joint Meeting with the Transportation Safety Advisory Commission and a Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 25, 2014, at 6:00 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 Carpenter Councilmember Jim Fowler Councilmember Matthew Duke Mayor Pro -Tem David Scagliola Councilmember Daryl John Transportation Safety Advisory Commission Members: Chair Stephen Bish Vice Chair Mark Davis Commissioner Member Larry Franklin Commissioner Member Phillip Rowland Commissioner Member Eric Haugen Commissioner Member Terry Welch O Staff Present: City Manager John Kessel Executive Director John Bierschwale Executive Director Brian James City Attorney Charles Zech City Secretary renda Dennis Deputy City Secretary Donna Schmoekel Councilmember Cedric Edwards was absent. Call to Order - Special Joint Meeting (City Council and Transportation Safetv Advisory Commission meeting) 1. ❑ Call to order by each Governing Body. Mayor Carpenter called the Special Joint Meeting to order at 6:00 p.m. Chair Stephen Bish called the Special Joint Meeting to order at 6:00 p.m. Invocation and Pledges of Allegiance to the Flags of the United States and the State of Texas Councilmember Jim Fowler provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. 2. ❑ Discussion and possible action regarding future transportation issues and needs. (B. James/B. James) Mayor Carpenter came down to the podium to speak with the Council and the Transportation Safety Advisory Commission (TSAC). Mayor Carpenter stated he asked for this joint meeting. Mayor Carpenter stated the reason he wanted this joint meeting is so that as the City looks forward to the next five, ten, fifteen, and twenty years, and as we consider the economic development, and the development generally that is going on throughout the City of Schertz, we are going to have a need for citizens to get around. We already see that on FM 3009, even though we do not have sidewalks in yet, we already have pedestrian traffic. We 02 -25 -2014 Minutes Page - 1 - have citizens trying to get from the residential parts of our community up to HEB, Lowes, etc. If it does come to pass that the Lone Star Rail is built in the near future to the north, the other side of IH 35 from where we are now, we are going to have a need for the citizens who might stop at our rail station, a way to visit our businesses further into the City, or for our residents to get from their homes to the rail stop if they do not want to drive and pay additional money to park. All these things said, he has asked TSAC here this evening to have a discussion in regard to beginning the process of planning what public transportation may look like in Schertz. Given the role TSAC has taken since its inception and given the things they have seen with a unique perspective, he would like, and is hopeful that the Council is also willing, to ask the TSAC members to begin brainstorming, exploring, and thinking about what public transportation might look like in the years to come; what it should be and what it should not be. In particular what it should be and should not be for Schertz. Public transportation, when we say those words, in many ways has a connotation of large expensive empty buses that seem to be transporting "Harvey ", the invisible rabbit, and no one else. That doesn't work and doesn't make sense for what we need here in Schertz. What may make sense is that we have a trolley style looking bus that goes up and down Schertz Parkway and FM 3009 that gets citizens from their houses to the business within Schertz, more so as we become densely populated. Mayor Carpenter stated he would like to hear their thoughts and see if this was something the TSAC members w be interested in taking on, as well as hearing from the Council if they concur. Mayor Carpenter opened this topic up for discussion and commentary. Mayor Carpenter recognized Councilmember Fowler who stated that when he thinks of future transportation he sees two things. The Mayor had mentioned a trolley car type transportation system for those wanting to get around in the local area, but along with that, he also sees a need to get our residents into the San Antonio area. He understands that AACOG has a system that deals with transportation and maybe TSAC can see how the City can be involved in the infrastructure that is already there to expand those services. Councilmember Fowler wants TSAC to think locally and think of going into the San Antonio area, specifically the hospital areas. Councilmember Fowler also stated as the City continues to grow there will be a need for new roads and major arteries getting in and out of our City. This is something TSAC should also look at. He believes that the Council would support whatever TSAC might need to be successful in developing the plan, i.e., contracting out for a study that would look at the roads in Schertz. We need to focus on citizens needing to travel within the City as well as out of the City. This will assist in unclogging the major arteries around Schertz. Mayor Carpenter recognized Chair Stephen Bish who stated this has been brought up before and that they would need to look at how large of a project would you want them to start out with. There would be questions regarding in the future would there be bus stops in certain areas where there are no sidewalks and other things. He stated that TSAC would be willing to work with the City on this project. He stated this is going to require a lot of planning with not only the businesses, but with all City Departments. We need to look at the types of events that come into the City as well as the current City events that are held such as the 4th of July Jubilee, which creates a large amount of traffic. Again, Chair Bish stated that TSAC would be willing to take on the task of planning future transportation needs within the City. 02 -25 -2014 Minutes Page - 2 - Mayor Carpenter stated that they often say that none of them on Council have all the answers and they rely on our citizen boards and commissions to help. He appreciates TSAC for taking this on. It is an important next step and it seemed like a natural fit that TSAC would take on the role of being the primary advisors about public transportation in the City of Schertz. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated that the citizen boards are the Councils primary advisors. He suggested TSAC find something small that will work and build from there, solicit information and dedicate time in doing some research. Mayor Carpenter recognized Councilmember Duke who stated he echoed Mayor Pro -Tem Scagliola. We are talking about a vision for Schertz and where we are going to be from a transportation aspect. A good starting point would be to look at the City's Master Plan. A lot of time and effort was put into the plan. Look at the plan and figure out ways to incorporate even tweaking the master plan with the thought of how to improve transportation. This is a starting point for TSAC. Councilmember Duke agreed with Councilmember Fowler in taking the private sector word of "strategic planning ". One of the things we need to have as part of our five, ten, and fifteen year range is infrastructure in transportation. This is a critical piece of the comprehensive plan. Timing is everything, and to have that comprehensive plan available where we are constantly updating it with the growth of Crossvine and other developments, utilizing it so that we can see what the City needs to implement next and what is critical. We need to visit the plan every year during our planning process and he agrees it is critical now to plan for the future transportation needs of the City. Purposeful and meaningful planning is critical; comprehensively what we want transportation to look like in twenty years. i i Mayor Carpenter recognized TSAC Commissioner lip Rowland who came forward stating that they need to consider all the areas within chertz in the transportation plan, the currently developed as well as those being considered, such as the South Schertz area. Mayor Carpenter stated that another thought is to not limit ourselves to thinking traditionally about what transportation is. Hike and bike trails become part of the over all public transportation, a pedestrian society if you will, this becomes part of the overall plan. Mayor Carpenter stated he believes you can start small. We have some immediate needs. We have citizens at Lakeside Village, at the Senior Center and the retirement facilities in town that just have a need to get from these places to HEB and back, a need to get to the pharmacy and back. Mayor Carpenter suggested we could start with a small bus that makes one run a day to these facilities. Mayor Carpenter suggested TSAC have conversations with TxDOT regarding plans for sidewalks along FM 3009, as pedestrian walks are part of the project as well. They should speak to individuals within our organization that have come from other cities who can share what they did that were successful. They should also speak to individuals from other cities to gather ideas. The other cities may be currently working on their transportation needs which could also benefit Schertz. Mayor Carpenter recognized City Manager John Kessel who stated this is a great idea. The first thing that he would offer up is that the Planning and Zoning Commission shares a bit of the burden and responsibility for our transportation planning, we have to join forces. Engage the Planning and Zoning Commission to make sure everyone is on the same page moving forward. Mr. Kessel encouraged TSAC to visit with Executive Director of Development Brian James, as he has knowledge of how to set up a program like this and utilize his 02 -25 -2014 Minutes Page - 3 - knowledge of what he saw that worked and what did not work. Mr. Kessel encouraged TSAC to think outside the box. We are talking about a term called "multimodal transportation system ", which includes hike and bike trails, transportation within the community and transportation out of the community. Thinking this way, we will be successful in finding what will work for our community. Mr. Kessel's last recommendation was that if you think about a hike and bike trail, it doesn't start and stop in one community, it starts and stops where you choose to. Most citizens will not know if they are in Schertz or Cibolo or Garden Ridge, or where ever they are; they will just know that there are good facilities to enjoy. Mr. Kessel encourages a regional approach, stating that the City has been very successful with other things that have been done regionally. It would be very inefficient to run a public transportation system just in Schertz, but if you took an EMS -like approach and draw a broader square area, it might be something we could all share the cost of together if it was a good plan. Mr. Kessel stated that this is a tremendous charge that the community in the future will benefit from and it will certainly change people's lives and will make a difference. Adjournment 3. Both Governing bodies adjourn Special Joint Meeting. Mayor Carpenter adjourned the Si Chair Stephen Bish adjourned the Mayor Carpenter called the Regular Council City Events and Announcements Joint Meeting at 6:25 p.m. %o.intMeet,ing at 6:25 p. to order at 6:26 p.m. • ❑ Announcements of upcoming City Events (IIarris /J. BierschwaleB. James) 9 Mayor Carpenter recognized Executive Director of Development Brian James who provided the following announcements and upcoming events: • ❑ Thursday, February 27, 2014 — City Council Retreat Workshop Meeting — 1:00 p.m. to 5:00 p.m., at the Fairfield Inn & Suites, 5508 Corridor Loop, Schertz, Texas. • ❑ Saturday, March 1, 2014 - Wilenchik Walk for Life, 7:30 a.m. to 11:30 a.m., meet at Samuel Clemens High School parking lot. • ❑ March 1 through March 16, 2014, Schertz Annual Spring Clean Up — drop off event for citizens in conjunction with Bexar Waste, 2221 FM 3009 from 8:00 a.m. to 6:00 p.m. daily — free of charge to residents with proper identification. Contact Bexar Waste at 566 -5454, Public Works 619 -1800, or 311. Mr. James provided the following information regarding future upcoming events: • ❑ Thursday, March 20, 2014, Employee Remembrance Day, Noon, 10 Commercial Place. 02 -25 -2014 Minutes Page - 4 - • ❑ Thursday, April 10, 2014, Community Volunteer Fair, 5:30 p.m. to 7:00 p.m., Schertz Civic Center. • ❑ Saturday, April 19, 2014, Absolute Jazz, 2:00 p.m. to 9:00 p.m., Pickrell Park. • ❑ Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated that this afternoon he attended a tremendous event at Northeast Methodist Hospital. He stated two of our EMS employees recently received the "Fastest Heart Alert in 2013" award from Northeast Methodist. Mr. Kessel stated the average time from start to finish when they first see the patient to when they go into surgery is 60 minutes, Edwin Feaster and Matthew McCollum did it in about 14 minutes, a national level response time, as well as very near the regional record. This is an exciting honor. A plaque will be displayed at the hospital in the EMS break room. Mr. Kessel introduced Battalion Chief Kirk Timke who came forward to speak on their newest fire truck called "Quint 1 ", a 1500 GPM Pump, carrying 500 gallons of water and a 75 foot straight stick. He stated the fire truck has multiple capabilities operating as a pumper or aerial ladder. He also stated that it has a foam system that is unique that will do less damage and provide more coverage to extinguish the fire more rapidly. He stated the other trucks in the Schertz Fire Rescue t can perform one or more of those fire functions, but not all of them. Hearing of Residents: I'Iq Pe Mayor Carpenter recognized the following who spoke: • ❑ Mr. Michael Spain, 955 Moonglow Avenue, who addressed the Council recarping the Hal Baldwin Scholarship program. He stated that this will be the sixth (6t) year of awarding scholarships. To date the committee has awarded scholarships in the amount of $11,500 to eight (8) students, averaging a little over one (1) a year. Mr. Spain recognized Committee Members Syd Verinder and Reginna Agee, whom he met with today regarding the Hal Baldwin Scholarship program. He stated the committee's recommendation is to keep things pretty much the same as they were last year with only a couple of changes. They are as follows: -❑ The student must now attend two (2) City Council meetings, identify and write an essay on one of the topics of discussion from one of the meetings, )rand write about what interested them in that topic as well as discuss the issue of public service and how it made an impression on them. -❑ They must also write an essay and discuss what makes a City Government exceptional. Mr. Spain stated that there were rules in the past to follow regarding a specific font size on the essays and since some of the students struggled with this, the requirement has been removed. Additionally, they want the students to know that the scholarship award is in an amount of at least $1,000, but that excellence in the 02 -25 -2014 Minutes Page - 5 - presentation, particularly in the presentation of the essays, could lead to a higher award. Finally, Mr. Spain stated that Executive Assistant Sarah Gonzalez will be getting the information out to the schools, principals and guidance counselors. Mr. Spain introduced Mrs. Gonzalez who came forward stating she will be finalizing the information and providing it to the school principals and guidance counselors as well as placing the information on the City's webpage and in the Schertz Magazine. Applications will also be available in all the City office lobbies. - Wednesday, April 30, 2014, Deadline for Applications - Tuesday, May, 6, 2014, complete binders which will have been assembled and will be sent out to the committee. - Tuesday, May 13, 2014, committee will meet to review the applications /essays. - Tuesday, May 20, 2014, presentation of the Scholarship Awards Ceremony. Presentation •❑ Presentation and update regarding the upcoming March 1, 2014 Wilenchik Walk for Life (D. Harris /M. Spence) ar Mayor Carpenter recognized Events Coordinator Mary Spence who provided information on the upcoming Saturday, March 1, 2014 Wilenchik Walk for Life Event. Mrs. Spence stated check -in and registration will be held in the cafeteria of the school, starting at 6:30 a.m. Please enter the Clemens parking lot from Elbel Road (Buffalo Drive entrance will be blocked). Welcome ceremony begins at 7:30 a.m. • ❑ Presentation of Schertz Fire Rescue fundraising efforts for the Wilenchik Walk for Life event. (J. Bierschwale/D. Covington) Mayor Carpenter recognized Lieutenant Leon Sposari who stated that on February 14, 2014, 4:00 p.m. to 6:00 p.m. a team of the Schertz Fire Rescue members consisting of Craig Starr, Matt Hamilton, Josh Golden and others conducted a "Fill the Boot" fund raiser at the intersection of FM 3009 and IH -35 for the Wilenchik Walk For Life on Saturday, March 1, 2014. Lieutenant Sposari presented a check in the amount of $7,000 to Events Coordinator Mary Spence, the funds raised by the Schertz Fire Department Boot Campaign. • ❑ Guadalupe Regional Medical Center — Prescription Assistance Program update (J. Bierschwale /J. Riggs) Mayor Carpenter recognized Pharmacist Jerry Riggs, R. Ph, with the Guadalupe Regional Medical Center who provided a brief report regarding the Prescription Assistance Program. He stated the program provides assistance to indigent individuals and those without any medical or prescription insurance. Monetary assistance is received from a variety of sources and the City of Schertz contributes $5000 annually. There were 40 individuals from the Schertz area who received assistance from August 1, 2013 to January 31, 2014. He stated the retail dollar value of prescriptions provided to Schertz residents was approximately 02 -25 -2014 Minutes Page - 6 - $114,530. The number of prescriptions per Schertz patients per month was 1. 11, and the average prescription retail price (3 month supply) per Schertz patient was $429.92. The average annual retail prescription benefit per Schertz patient was $5,726.50. Mayor and Council thanked Mr. Riggs for such a great program. Worksession • ❑ Presentation and discussion regarding the second amendment to the Crossvine Planned Development District (B. James /M. Sanchez /L. Wood) Mayor Carpenter recognized Mr. Chris Price, President of Schertz FM 1518, LTD, who provided a power point presentation regarding Phases I, II, and III of the Crossvine Planned Development District along with their proposed amendment to the Planned Development District (PDD). The project started back in the early 2000's and the original developer assembled about 850 acres at the intersection of FM 1518 and Lower Seguin Rd. A PDD was adopted in 2006 which called for a pretty standard subdivision. It started strong and then because of the 2008 housing bust, only Lennar and D R Horton continued to build out 171 lots. The original developers then stalled out and the new developer took over the project in July 2011. It became clear that the original business plan was not going to work and neither was the master plan. After much research, they put together a new master plan and amendment to the original PDD to present to the City. The plan is a mixed use residential and commercial community, including office and commercial space, recreation, civic, parks and open spaces. A key element of the new plan is the creation of a trail network. This design offers a solution to the drainage issues in the area by developing open spaces, a trail network, and pocket parks that will slow the water down and retain it for a short while. The City adopted the new plan in January of 2012. The plan has three modules. In August of 2012 module I was adopted and the developer hopes to deliver its first lots in about 30 days. These will be 50 to 70 foot lots and the builders are David Weekly and Ryland Homes. The key elements are the greenbelt and pocket parks, which include a family oriented area, a fitness oriented space, and a large open soccer field. All of these recreation facilities are linked by the eight (8) foot wide concrete trail. The amenity center should be open by early August, with a pool and amphitheater. There will also be two (2) detention ponds on the property. Now they are coming back to discuss the second amendment to Module II (Parts A & B). Module I contains traditional production housing with 50, 60 & 70 foot lots. Module II introduces multi- family, garden, attached residential, and the commercial and civic plans. Module III adds more multi residential, independent and assisted living, civic, medical offices and a possible church site. The amendment being brought forward next week is in regard to Module II, Part A, which is located south of Lower Seguin Road. Later in the Spring they will bring forward a discussion in regard to Module II, Part A on the north side of Woman Hollering Creek. The PDD amendment they are asking for is to add the additional layer of details into the plan. They have placed a commercial site at the intersection of FM 1518 and Lower Seguin Road; it will be buffered from the existing Sedona subdivision with multi family or garden homes as well as attached residential units. 02 -25 -2014 Minutes Page - 7 - One other element they are asking for is for three additional properties to be brought into the PDD. The properties are: (1) a commercial tract north of Lower Seguin Road, which will be governed by Module II, Part B, (2) a 1.5 acre tract with a house on it located on FM 1518, which will be governed by Module I, and (3) a 40 acre parcel west of the existing Sedona Subdivision, which will be governed by Module I. Mayor Carpenter recognized Councilmember Fowler who asked if these homes will be in the 100 year flood plain area and Mr. Price responded that they would not be. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who asked what type of housing will be offered in Tract III. Mr. Price responded that it would be single family residential with 50, 60, or 70 foot lots. Tract III will also open up access to the City Park from the amenity center. There will also not be any problems in the No fly Zone of Randolph Air Force Base area operations. Flooding concerns will be addressed with a variety of detention ponds created in the area to handle the water. They are also coordinating with city staff to roll out these houses with a schedule that will coincide with additional sewer system additions. Mayor Carpenter recognized Councilmember Fowler who asked about the commercial aspects of the development. Mr. Price stated he was already receiving calls weekly from a variety of interested commercial enterprises but so far they are not interested in any of them. They are going to be selective in who they respond to positively, as their goal is to retain a congenial neighborhood with small business enterprises such as coffee shops, cleaners, and restaurants. Consent Agenda Items � Mayor Carpenter recognized Councilmember Fowler who requested agenda item 3 be removed for separate action. 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of February 18, 2014. (J. Kessel/B. Dennis) 2. Ordinance No. 14 -T -06 — Consideration and/or action approving an Ordinance authorizing a project budget and budget adjustment for the Hal Baldwin Memorial Plaza construction project. Final Reading (D. Harris /D. Harris) The following was read into record: ORDINANCE NO. 14 -T -06 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO ESTABLISH ADDITIONAL EXPENDITURES IN THE 2013 -14 BUDGET IN THE AMOUNT OF $52,857 RELATED TO THE HAL BALDWIN MEMORIAL PLAZA CONSTRUCTION PROJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Councilmember Mayor Pro -Tem Scagliola, who moved, seconded by Councilmember John, to approve Consent Agenda items 1 and 2 as presented. 02 -25 -2014 Minutes Page - 8 - The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, and Duke voting yes and no one voting no. Councilmember Edwards was absent. Motion Carried Discussion and Action Items 3. Resolution No. 14 -R -17 — Consideration and/or action approving a Resolution authorizing the application for a fiscal year 2015 Texas Byrne Memorial Justice Assistance Grant, and other matters in connection therewith (J. Bierschwale/M. Hansen) The following was read into record: RESOLUTION NO. 14 -R- e 1W A RESOLUTION BY THE CITY COUNCIL OF THE CITY CHERTZ, TEXAS AUTHORIZING THE APPLICATION FOR A GRANT, AND O MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Fowler, who moved, second by Mayor Pro - Tem Scagliola, to approve Resolution 14 -R -17 as presented. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, and Duke voting yes and no one voting no. Councilmember Edwards was absent. Motion Carried Roll Call Vote Confirmation =W Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes of items 1 through 3. Requests and Announcements 4. Announcements by City Manager • ❑ Citizen Kudos Recognition of City employee actions ew Departmental initiatives No furth uests or Announcements 5. El Requests by and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter stated he would like to have an item for discussion on the agenda in the near future regarding the funding of a class for code enforcement certification for those individuals who serve in our Citizens on Patrol program. This topic should be scheduled anytime between now and the end of March. Mayor Carpenter recognized Councilmember Fowler who brought up the issue of the current expense of federally required flood insurance for some of our residents. Could we begin a process of detailed analysis in this area and what impact the increase in the fees for the flood 02 -25 -2014 Minutes Page - 9 - insurance is going to have in several years? We need to think as much as 10 -15 years down the road and how can we handle the possibility of this possibly becoming a blighted area of the city. Mayor Carpenter responded that this item could also be scheduled for the end of March. 6. Announcements by Mayor and Councilmembers • ❑ City and community events attended and to be attended • ❑ City Council Committee and Liaison Assignments (see • ❑ Continuing education events attended and to be attendee • ❑ Recognition of actions by City employees • ❑ Recognition of actions by community volunteers /1 • ❑ Upcoming City Council agenda items below) Mayor Pro Tem. Scagliola stated he attended the following: 'N& • ❑ Saturday, February 22, Open House- New Haven Assisted Living Center on FM 3009 • ❑ Saturday, February 22, Troop 51 Awards Ceremony, Schertz Methodist Church • ❑ Saturday, His granddaughter, Jenna Maria's First Birthday Party • ❑ Sunday, February 23, Cibolo BBQ Cook Off at City Hall • ❑ Tuesday, February 25, Commissioners Court Meeting in Seguin Councilmember Fowler stated he attended the following: • ❑ Saturday, February 22, Ribbon Cutting @ Cibolo Coffe aus • ❑ Saturday, February 22, Butterfly & Bird Sanctuary Briefing at the Community Center • ❑ Saturday, February 22, Troop 51 Awards Ceremony, Schertz Methodist Church • ❑ Tuesday, February 25, Commissioners Court in Seguin Councilmember Duke stated he just wanted to mention that the John Paul II Catholic High School women's basketball team made it to the final four in the Texas Association of Private and Parochial Schools (TAPPS) basketball competition. Executive Session Mayor C er recessed the regular meeting into executive session at 7: 46 p.m. 7. City C will meet in closed session under section 551.072 Texas Government Code, rega the deliberation of the value of real property being acquired for use of public utilities. 8. City Council ill meet in closed session under section 551.071 Texas Government Code, regarding contemplated litigation. Reconvene into Regular Session Mayor Carpenter reconvened the regular meeting into executive session at 8:12 p.m. 02 -25 -2014 Minutes Page - 10 - 9a. Discuss and Consider a Resolution authorizing the purchase of a public utility easement and temporary construction easement and authorizing the City Manager to execute documents required for the purchase. Mayor Carpenter recognized Mayor Pro -Tem Scagliola, who moved, seconded by Councilmember Fowler, to approve the purchase and price of the Hendrix property located on FM 482 for utility easement. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, and Duke voting yes and no one voting no. Councilmember Edwards was absent. Motion Carried 10.a. Take any necessary action based on discussions held in clo session under Agenda Item number 8. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Do Schnioekel who rec the votes of item 9a. Adiournment As there was no further business, the mee was adjourned a p.m. , Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis 02 -25 -2014 Minutes Page - I t - MINUTES RETREAT WORKSHOP MEETING February 27, 2014 A Special Retreat Workshop meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 27, 2014, at 1:00 p.m., at the Fairfield Inn & Suites, 5508 Corridor Loop, Schertz, Texas 78154. The following members present to -wit: Mayor Michael R. Carpenter Councilmember Jim Fowler Councilmember Cedric Edwards Staff Present: City Manager John C. Kessel Executive Director of Operations John Bif Executive Director of Development Brian Attorney Charles Zech City Secretary Brenda Dennis Guests Present: Robert Brockman CALL TO ORDER: Mayor Carpenter called the Special M1,%, 116 LV viU�,i a< l .V P.M. i Mayor Pro -Tem David Scagliola Councilmember Daryl John Councilmember Matthew Duke Welcome /Overview Councilmember Matthew Duke arrived at 1:21 p.m. • ❑ Discussion in preparation for pre- budget prioritization process, including but not limited to key growth and service provision indicators such as population growth, tax base development, staffing levels and structure, and how to apply the information to assist in appropriate priority based decision making. Topics of discussion included the following: • ❑ City of Schertz Core Values — Established June 2011 • ❑ City of Schertz Guiding Principles — Established November 2012 • ❑ City of Schertz Policy Values — Established December 2013 • ❑ Retreat Goals • ❑ Essential Elements of Growth • ❑ Major Factors Impacting Success • ❑ Future Staffing Levels and organizational structure Mayor Carpenter left the meeting at 4:10 p.m. 02 -27 -2014 Minutes Adiournment As there was no further business, the special meeting was adjourned by Mayor Pro -Tem Scagliola at 5: 08 p. m. ATTEST: Bret Mayor Michael R. Carpenter 02 -27 -2014 Minutes Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: March 4, 2014 Department: Information Technologies Subject: Resolution No. 14 -R -19 Resolution authorizing licensing, product and enterprise enrollment agreements for a 3 year term with Microsoft and authorizing the purchase of licenses from SHI Government as part of the Microsoft Office 365 Email System Upgrade. BACKGROUND: The I.T. Dept. is charged with ensuring reliable and efficient communications services for the City of Schertz. These services include timely reliable access to email for staff, both at the office and in the field. The City's current email system was last upgraded in 2007 when the I.T. dept. upgraded to Microsoft Exchange 2003. Last year the department undertook a review of various upgrade options in order to respond to the changing needs of the City staff as well as to take advantage of new and emerging technologies. The options reviewed included upgrading the existing internal system as well as outsourcing. As a result of this review it was determined that Microsoft's Office 365 for Governments program would meet both the City's immediate needs as well as provide a stable, scalable platform for the foreseeable future. In addition to email services, Microsoft Office 365 offers city personnel a wide range of currently unavailable features as well as access to emails, shared calendars, etc. via any technology (cell phone, tablet and pc) at any time. Office 365 is also the only online, hosted service offering that is CHS (Criminal Justice Information Security) compliant and approved by the state of Texas for use by Public Safety Agencies for cloud storage of protected data. The actual licenses for Microsoft Office 365 will be purchased from SHI Government Solutions. The I.T. Dept. is proposing to purchase 354 licenses at this time. The purchase is being made as part of the State of Texas' Department of Information Resources (DIR) Cooperative Contracts Program. This is a streamlined co -op purchasing program for state and local governments which leverages the state's purchasing power to negotiate competitive discounts with vendors. If additional licenses are added (as new staff are hired) or upgraded (staff members need a greater range of software) costs will increase and will require staff to seek council approval to increase the number of licenses as the cost would exceed the amount authorized by the resolution authorizing the purchase. The license purchase agreement is for a three year term. Additionally, Microsoft recommends utilizing a consultant (implementation vendor) for deployment. Microsoft is offering a grant /incentive to cover the full cost for utilizing an implementation vendor for 50492900.1 C❑TIC❑❑ ❑❑❑hl❑❑ ❑C❑❑❑❑❑ ❑ ❑ ❑❑ ❑C❑❑ Office 365. Staff met several different companies and would like to contract with Liftoff LLC to perform the implementation. Finally, Microsoft requires those using Microsoft Office 365 to enter into a series of licensing and enrollment agreements for those entities who purchase licenses for and use Microsoft Office 365. Two items related to this project are scheduled for Council consideration on March 1, 2015. Item, #3 on the agenda, seeks approval of Resolution 14 -R -20 authorizing the City Manager to enter into a contract with Liftoff LLC to perform the implementation of Microsoft Office 365. Item #2 seeks approval of Resolution 14 -R -19 which authorizes the City Manager to enter into a series of agreements associated with the licensing and use of Microsoft 365 for a three year period and purchase the licenses from SHI Government Solutions at a cost of $19,518.50 annually. GOAL: Provide our staff the ability to access our emails and files from multiple devices while remaining compliant with federally mandated data security (CJIS/HIPAA) requirements. COMMUNITY BENEFIT: The upgrade to Microsoft 365 is anticipated to be more cost effective than other options. It will also increase reliability of services to allow staff to better communicate with our residents and business owners. It will eliminate the problems we are having opening documents sent to us from more current versions of software. SUMMARY OF RECOMMENDED ACTION: Approval of Resolution 14 -R -19 authorizing the City Manager to enter into a contract with Liftoff LLC for implementation assistance associated with the Microsoft Office 365 project at no cost to the City. FISCAL IMPACT: The annual expense for the email service, word processing, spreadsheet, presentation, project management, and document software is $19,518.60. This will be a 36 month contract with a total cost of $58,555.80. The deployment and installation are covered under a grant by Microsoft if we contract before March 30, 2014. The first year's annual costs are covered in the current FY budget under account number 853 - 571300. The remaining fiscal years 2014 -2015, 2015 -2016 and 2016 -2017 will have to be budgeted under account number 853 - 532355 at an annual expense of $19,518.60, as part of each year's budget. At the end of each 12 month period the City and Microsoft will conduct a licensing usage review and make adjustments as needed. If additional funds are needed to accommodate additional licenses due to growth, the IT dept. will seek Council approval. However, the current proposal allows for a measured growth in licensing usage and changes in annual costs are not anticipated at this time. STAFF RECOMMENDATION: Approval of Resolution No. 14 -R -19 ATTACHMENT C EEC OOOC[IIM C70 0[0]000III 0 0000 ®0 Resolution 14 -R -19 RESOLUTION NO. 14 -R -19 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT WITH MICROSOFT AUTHORIZING THE PURCHASE OF LICENSES FROM SHI GOVERNMENT SOLUTIONS RELATING TO EMAIL AND SOFTWARE SERVICES FOR THE MICROSOFT OFFICE 365 EMAIL SYSTEM UPGRADE, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an Agreement with Microsoft, relating to email and software services in the amount of $19,581.60 per year for a term of 3 years; and WHEREAS, only funds for the current fiscal year have been budgeted for the purchase of the software from SHI Government Services and additional funds in the amount of $19,581.60 will need to be budgeted by the City Council in each of the next two fiscal years: and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Microsoft pursuant to the Enterprise Enrollment CTM agreement attached hereto as Exhibit A (the "Agreement "), Enterprise Enrollment W29 attached hereto as Exhibit B (the "Enrollment W29 "), Enterprise Enrollment State and Local attached hereto as Exhibit C (the "Enrollment State and Local "), Program Signature Form attached hereto as Exhibit D (the "Signature Form "), and Document Revision Authorization attached hereto as Exhibit E (the "Document Revision ") and SHI Government Solutions Pricing Proposal attached hereto as Exhibit F (Pricing Proposal). 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 Agreement and supporting documents with Microsoft in substantially the forms set forth on Exhibit A, B, C, D and E. Section 2. ❑ The City Council hereby authorizes the City Manager to purchase the software licenses generally as per Exhibit F for three years at an annual cost of $19,581.60 per year. 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 Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 4. ❑ 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. 50494755.1 Section 5. ❑ This Resolution 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 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 7. ❑ 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 8. ❑ This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 4th of March, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50494755.1 EXHIBIT A ENTERPRISE ENROLLMENT AMENDMENT ID (CTM) 50494755.1 A -1 EXHIBIT B ENTERPRISE ENROLLMENT AMENDMENT ID W29 50494755.1 A -2 EXHIBIT C ENTERPRISE ENROLLMENT STATE AND LOCAL 50494755.1 A -3 EXHIBIT D PROGRAM SIGNATURE FORM VOLUME LICENSING 50494755.1 A -4 EXHIBIT E DOCUMENT REVISION AUTHORIZATION 50494755.1 A -S EXHIBIT F PRICING PROPOSAL 50494755.1 A -6 Microsoft I Volume Licensing Enterprise Enrollment (Indirect) Amendment ID (CTM) 000 - frmulkey -s -020 For the purposes of this Amendment, "Entity" can mean the signing entity, Customer, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement. Notwithstanding anything to the contrary or in addition to any terms in the Enrollment, the Enrollment is amended as follows: Office 365 for Government The following set of Terms applies to Entity when ordering Office 365 for Government Online Services Definitions; The following definitions are used in this Amendment and apply to documents incorporated by reference: .1 Office 365 for Government" means Microsoft's family of Office 365 Products that are provisioned in Microsoft's multi - tenant data centers for exclusive use by eligible US Federal, Slate, Local, and Tribal Government Customers only and offered in accordance with the "community cloud" definition as defined in the National Institute of Standards and Technology (NIST) Special Publication 800 -145. 2, Office 365 for Governments Terms For purposes of this Amendment Office 365 for Government, tables a and b, below, contains mappings for Office 365 for Government Online Services and their equivalent /corresponding Office 365 for Enterprise Online Services ( "Equivalent Online Services." Each Office 365 for Government Online Service shown below is subject to the same terms and conditions as its corresponding Equivalent Online Service, except as otherwise provided in the applicable Product List and this Amendment. Notwithstanding references to Transitions and Reserved Licenses Entity's Enterprise Enrollment, Transitions and Reserved Licenses are not available at this time for Office 365 for Government through the Volume Licensing Service Center but may be available through a manual request process using a License Reservation Form to be provided by Microsoft upon request. a. Office 365 for Government component Online Services— Equivalent Online Services Mapping Remainder of page intentionally left blank ( CTM)EnrAmend(GOV)(ENG)(Jul2073) Gov Comm Cloud gO CTM Page 11 of 4 Exchange Online Plan 1 G 'an,a Online Plan 1 Exchange Online Plan 2 G Exchan a Online Plan 2 Exchange Online Kiosk G Exchange Online Kiosk Exchange Online Archiving Add -On for on- premises servers G Exchange Online Archiving Add -On for on- premises servers L nc Online Plan 1 G L nc Online Plan 1 L nc Online Plan 2 G L nc Online Plan 2 L nc Online Plan 3 G L nc Online Plan 3 SharePoint Online Plan 1 G SharePoint Online Plan 1- SharePoint Online Plan 2 G SharePoint Online Plan 2 Office Web Apps w/ SharePoint Plan 1 G Office Web Apps w/ SharePoint Plan 1 Office Web Apps w/ SharePoint Plan 2 G Office Web Apps w/ SharePoint Plan 2 Office Professional Plus for Office 365 G Office Professional Plus for Office 365 b. Office 365 for Government Suites— Equivalent Enterprise Online Services Mapping • Online Enterprise Office 365 Plan G1 • Online Office 365 Plan E1 Office 365 Plan G2 Office 365 Plan E2 Office 365 Plan G3 Office 365 Plan E3 Office 365 Plan G4 Office 365 Plan E4 Office 365 Plan K1 G Office 365 Plan K1 Office 365 Plan K2 G Office 365 Plan K2 .. ivi vvvouuuem cyurvciwit vnnne ourvices Julre Urgers ((37434) Will be captured on a separate Product Selection Form. 3. Office 365 for Government Customer Requirements. Entity is a United States Federal, Stale, Local or Tribal government entity. Enterprise and Enterprise Subscription Enrollment Product Selection Form e G IVI Office 365 for Government Step 1. Please indicate whether Enrolled Affiliate is ordering Enterprise Products or Office 365 for Government Online Services on the initial enrollment order. Choose both if applicable. ® Enterprise Products. Choose platform option: Components only (not full platform) Qualified Devices: 98 Qualified Users: 98 ® Office 365 for Government Online Services ( CTM)EnrAmend(GOV)(ENG)(Jul2013) Gov Comm Cloud eb CTM Page 2 of 4 Step 2. Select the Products and Quantities Enrolled Affiliate is ordering on its initial Enrollment Order. Quantity may not include any Licenses which Enrolled Affiliate has selected for optional future use, or to which it is transilioning or stepping up within enrollment term. Products for which the Enrolled Affiliate has an option to transition or step -up should be listed in Step 3. Products' Office Professional Plus Office Standard Office Pro Plus Office Pro Plus for Office 365 G/E Office 365 Plans' Office 365 Plan GVE1 54 Office 365 Plan G2 /E2 _E7 System Center Endpoint Protection Office 365 Plan G3/E3) qq Office 365 Plan G4 /E4 Share Point Server Enterprise CAL Client Access License CAL . Choose 1 Option. ❑ Core CAL, includin Bridge CAL's if a licable Core CAL System Center Client Management Suite Core CAL Bridge for Office 365 Active Directory Rights Management Services CAL Core CAL Bridge for Windows Intune Exchange Online Archiving Core CAL Bridge for Office 365 and Windows Intune SQL Server CAL ❑ Enterprise CAL ECAL ECAL Windows Desktop ECAL Bridge for Office 365 ECAL Bridge for Windows Intune ECAL Bridge for Office 365 and Windows Intune Windows Intune Products's ❑ Component CALs Windows Server CAL Exchange Server Standard CAL SharePoinl Server Standard CAL Lyric Server Standard CAL System Center Configuration Manager CAL System Center Endpoint Protection Exchange Server Enterprise CAL Share Point Server Enterprise CAL Lyric Server Enterprise CAL System Center Client Management Suite Active Directory Rights Management Services CAL Exchange Online Archiving SQL Server CAL The Client Access License selection must be the same across the Enterprise. Specify whether licensing CAL per Device or User: < Choose One> Windows Desktop Windows OS Upgrade Windows VDA Windows Intune Windows Intune Windows Intune Add -on3 Other Enterprise Products Microsoft Desktop Optimization Pack MDOP 2 ( CTM)EnrAmend(GOV)(ENG)(Jul2013) Gov Comm Cloud BD CTM Page 3 of 4 If selecting Windows Desktop, Enrolled Affiliate acknowledges the following: a. The Windows Desktop Operating System Upgrade licenses offered through this Enrollment are not full licenses. The Enrolled Affiliate and any included Affiliates have qualifying operating system licenses for all devices on which the Windows Desktop Operating System Upgrade or Windows Intune licenses are run. b. In order to use a third party to reimage the Windows Operating System Upgrade, Enrolled Affiliate must certify that Enrolled Affiliate has acquired qualifying operating system licenses. See the Product List for details. Step 3. Indicate new Enterprise Products and Online Services Enrolled Affiliate has selected for optional future use where not selected on the initial enrollment order (above): .d ❑ Office Pro Plus for Office 365 G/E ❑ Office 365 Plan Gt/E1 ❑ Office 365 Plan G2 /E2 ® Office 365 Plan G3 /E3 ® Office 365 Plan G4 /E4 ❑ Enterprise CAL (ECAL) Step-up, including Bridge CALs ❑ Windows Intune ❑ Windows Intune Add -on 3 Additional Products may be Included on the order, but are not selected on this form. z Windows Intune Add -on requires purchase of Windows OS Upgrade or Windows VDA. 3 MDOP requires purchase of Windows OS Upgrade, Windows VDA, or Windows Intune. This form must be attached to a signature form to be valid. ( CTM)EnrAmend(GOV)(ENG)(Jul2013) Gov Comm Cloud BD CTM Page 4 of 4 Microsoft I Volume Licensing Enterprise Enrollment Amendment ID W29 1. On the first page of the Enrollment, the following is added after the second paragraph: By entering into this Enrollment, the Enrolled Affiliate agrees that (1) it also has 250 or more Qualified Devices or Qualified Users; or (2) as a condition of entering into this Enrollment with 25- 249 Qualified Devices or Qualified Users, Enrolled Affiliate has elected not to receive CD ROMs as part of the Enrollment and therefore no CD ROMs will automatically be shipped. If Enrolled Affiliate is enrolling with 25 -249 Qualified Devices or Qualified Users and it would like to receive CD ROM Kits and updates, Enrolled Affiliate may order these through its Reseller for a fee. The submission of this Amendment can only be placed against a 2011 Enterprise Agreement or an Enrollment that has the Updated EA Amendment terms and conditions applied. The submittal of this Amendment may not be contingent on submittal of a new Enterprise Agreement. 2. Section 5a of the Enrollment titled "Order Requirements ", is hereby amended and restated in its entirety with the following: a. Minimum Order Requirements. Enrolled Affiliate's Enterprise must have a minimum of 25 Qualified Users or Qualified Devices. (1) Initial Order. Initial order must include at least 25 Licenses from one of the four groups outlined in the Product Selection Form. (ii) If choosing Enterprise Products. If choosing Enterprise Products in a specific group outlined in the Product Selection Form, Enrolled Affiliate's initial order must include an Enterprise -wide selection of one or more Enterprise Products or a mix of Enterprise Products and corresponding Enterprise Online Services for that group. (iii) Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products. (iv) Country of Usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. 3. Software Assurance renewal. Renewing Software Assurance: If Enrolled Affiliate will be renewing Products ❑ Software Assurance coverage from a separate agreement, check this box. By checking the above box, a new section is added to the Enrollment entitled "Software Assurance addition." Enrolled Affiliate is permitted to and will include in its initial order under this Enrollment Software Assurance quantities from eligible Program's identified in the table below, even though Enrolled Affiliate is not otherwise eligible to order such Software Assurance without simultaneously ordering a License. Enrolled Affiliate agrees that any perpetual Licenses received through the New Software Assurance shall supersede and replace the underlying Licenses, and the underlying Licenses are not to be transferred separately from any Licenses received through the New Software Assurance. Any remaining payment obligations with respect to the underlying Licenses shall continue in effect. EAEnrAmend (Sub250)(Ind)(ENG)(Ap2012) Sub 250 Enterprise Enrollment w W29 Page 1 of 2 Program License ID Number Expiration Date This amendment must be attached to a signature form to be valid. EAEnrAmend (Sub250)(Ind)(ENG)(Ap2012) Sub 250 Enterprise Enrollment w 29 Page 2 of 2 0 Microsoft Volume Licensing Enterprise Enrollment State and Local Enterprise Enrollment number (Microsoft to complete) Proposal ID /Framework ID Previous Enrollment number Earliest expiring previous (Resefferfo complele) Enrollment end date' This Enrollment must be attached to a signature form to be valid. This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form. This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4) any supplemental contact information form or Previous Agreement/Enrollment form that may be required, (5) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. All terms used but not defined are located at http: / /www.microsoft.com /licensing /contracts. In the event of any conflict the terms of this Agreement control. Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to 'anniversary date" refers to the anniversary of the effective date each year this Enrollment is in effect. Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective dateof the initial term. If the Enrollment is renewed, the renewal term will expire 36 full calendar months after the effective date of the renewal term. Any reference in this Enrollment to "day" will be a calendar day. Product order. The Reseller will provide Enrolled Affiliate with Enrolled Affiliate's Product pricing and order. Prices and billing terms for all Products ordered will be determined by agreement between Enrolled Affiliate and the Reseller.The Reseller will provide Microsoft with the order separately from this Enrollment. Terms and Conditions Definitions. Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment: "Additional Product" means any Product identified as such in the Product List and chosen by Enrolled Affiliate under this Enrollment. "Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the Product List and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. "Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product List and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products PA2013EnrGov (US)SLG(ENG)(Ort2013) Page 1 of 9 Document X20 -10631 must be licensed for all Qualified Devices and Qualified Users on an Enterprise -wide basis under this program. "Expiration Dale" means the date upon which the Enrollment expires. "Industry Device" (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi- function server, or a commercially viable substitute for one of these systems; and (2) only employs an industry or task - specific software program (e.g. a computer -aided design program used by an architect or a point of sale program) ( "Industry Program "). The device may include features and functions derived from Microsoft software or third -party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. "L &SA" means a License with Software Assurance for any Product ordered. "Qualified Device" means any device that is used by or for the benefit of Enrolled Affiliate's Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Professional locally (in a physical or virtual operating system environment), OR (2) a device used to access a virtual desktop infrastructure ( "VDI ").. Qualified Devices do not includeany device that is: (1) designated as a server and not used as a personal computer, OR (2) an Industry Device, OR (3) not managed (as defined in the Product List at the start of the applicable initial or renewal term of the Enrollment) as part of Enrolled Affiliate's Enterprise. At its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate's Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. "Qualified User" means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product List. "Reserved License" means for an Online Service identified as eligible for true -ups in the Product List, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation. "Transition' means the conversion of one or more License to or from another License(s). Products eligible for Transition and permitted Transitions are identified in the Product List. "Transition Period" means the time between the Transition and the next Enrollment anniversary date for which the Transition is reported. 2. Order requirements. a. Minimum Order requirements. Enrolled Affiliate's Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for Enterprise Products or Enterprise Online Services. (1) Enterprise Commitment. If ordering any Enterprise Products, Enrolled Affiliate's order must include coverage for all Qualified Users or Qualified Devices, depending on the License Type, of one or more Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise Online Services. (ii) Enterprise Online Services. If ordering Enterprise Online Services only, then Enrolled Affiliate must maintain at least 250 Subscription Licenses. b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products and Services. c. Product Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the EA2013EnrGov (US)SLG(ENG)(Oct2013) Page 2 of 9 Document X20 -10631 applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate's use of that Product during that term. d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. e. Adding Products. (i) Adding new Products not previously ordered. Enrolled Affiliate may add new Enterprise Products by entering into a new Enrollment or as part of a renewal. New Enterprise Online Services may be added by contacting a Microsoft Account Manager or Reseller. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use. (tt) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products must be included in the next true -up order. Enrolled Affiliate must purchase Services and Licenses for Online Services prior to use, unless the Online Services are (1) identified as eligible for true -up in the Product List or (2) included as part of other Licenses (e.g., Enterprise CAL). f. True -up requirements. (t) True -up order. Enrolled Affiliate must submit an annual true -up order that accounts for changes since the initial order or last true -up order, including: (1) any increase in Licenses, including any increase in Qualified Devices or Qualified Users and Reserved Licenses; (2) Transitions (if permitted); or (3) Subscription License quantity reductions (if permitted). Microsoft, at its discretion, may validate the customer true -up data submitted through a formal product deployment assessment using an approved Microsoft partner. (it) Enterprise Products. Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user -based Licenses) at the time the true -up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services. (tit) Additional Products. For Products that have been previously ordered, Enrolled Affiliate must determine the Additional Products used and order the License difference (if any). (iv) Online Services. For Online Services identified as eligible for true -up orders in the Product List, Enrolled Affiliate may first reserve the additional Licenses prior to use. Microsoft will provide a report of Reserved Licenses in excess of existing orders to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retroactively for the prior year based upon the month in which they were reserved. (v) Transitions. Enrolled Affiliate must report all Transitions. Transitions may result in an increase in Licenses to be included on the true -up order and a reduction of Licenses for prior orders. Reductions in Licenses will be effective at end of the Transition Period. Associated invoices will also reflect this change. For Licenses paid upfront, Microsoft will issue a credit for the remaining months of Software Assurance or Subscription Licenses thatwere reduced as part of the Transition. (vi) True -up due date. The true -up order must be received by Microsoft between 60 and 30 days prior to the Enrollment anniversary date. The third -year anniversary true -up order is due within 30 days prior to the Expiration Date. Enrolled Affiliate may true -up more often than at each Enrollment anniversary date except for Subscription License reductions. (vii)Late true -up order. If the true -up order is not received when due: 1) Microsoft will invoice Reseller for all Reserved Licenses not previously ordered. 2) Transitions and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). EA2013EnrGov (US)SLG(ENG)(OU2013) Page 3 of 9 Document X20 -10631 (viii) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses on a prospective basis if permitted in the Product List as follows: 1) For Subscription Licenses part of an Enterprise -wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices identified on the Product Selection Form. Step -up Licenses do not count towards this total count. 2) For Enterprise Online Services not a part of an Enterprise -wide purchase, Licenses can be reduced as long as the initial order minimum requirements are maintained. 3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate's use of the applicable Subscription License will be cancelled. Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true - up order Enrollment anniversary date and effective as of such date. (ix) Update statement. An update statement must be submitted instead of a true -up order if, as of the initial order or last true -up order, Enrolled Affiliate's Enterprise has not: (1) changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate's authorized representative. The update statement must be received by Microsoft between 60 and 30 days prior to the Enrollment anniversary date. The last update statement is due within 30 days prior to the Expiration Date. g. Step -up Licenses. For Licenses eligible for a step -up under this Enrollment, Enrolled Affiliate may step -up to a higher edition or suite as follows: (1) For step -up Licenses included on an initial order, Enrolled Affiliate may order according to the true -up process. (ii) If step -up Licenses are not included on an initial order, Enrolled Affiliate may step -up initially by following the process described in the Section titled "Adding new Products not previously ordered," then for additional step -up Licenses, by following the true -up order process. (iii) If Enrolled Affiliate has previously ordered an Online Service as an Additional Product and wants to step -up to an Enterprise Online Service eligible for a Transition, the step - up may be reported as a Transition. (iv) If Enrolled Affiliate Transitions a License, it may be able to further step -up the Transitioned License. If Enrolled Affiliate chooses to step -up and the step -up License is separately eligible to be Transitioned, such step -up Licenses may result in a License reduction at the Enrollment anniversary date following the step -up. h. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered. 3. Pricing. a. Price Levels. For both the initial and any renewal term Enrolled Affiliate's Price Level for all Products ordered under this Enrollment will be Level "D" throughout the term of the Enrollment. Price Level's will be captured in the Product Selection Form. b. Setting Prices. Enrolled Affiliate's prices for each Product will be established by its Reseller. As long as Enrolled Affiliate continues to qualify for the same price level, Microsoft's prices for Resellers for each Product or Service will be fixed throughout the applicable initial or renewal Enrollment term. However, if Enrolled Affiliate qualifies for a different price level, Microsoft will establish a new price level for future new orders either EA2013EnrGov (US)SLG(ENG)(Oct2013) Page 4 of 9 Document X20 -10631 upon Enrolled Affiliate's request or on its own initiative. Any changes will be based upon price level rules in the Product Selection Form. 4. Payment terms. For the initial or renewal order, Enrolled Affiliate may pay upfront or elect to spread its payments over the applicable Enrollment term. If spread payments are elected, unless indicated otherwise, Microsoft will invoice Enrolled Affiliate's Reseller in three equal annual installments. The first installment will be invoiced upon Microsoft's acceptance of this Enrollment and on each Enrollment anniversary dale. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses. 5. Transitions. a. Transition requirements. (1) Licenses with active Software Assurance or Subscription Licenses may be Transitioned at any time if permitted in the Product List. Enrolled Affiliate may not, however, reduce the quantity of Licenses or associated Software Assurance prior to the end of the Transition Period. (ii) Enrolled Affiliate must order the Licenses to which it is transitioning for the year(s) following the Transition Period. (iii) If a Transition is made back to a License that had active Software Assurance as of the date of Transition, then Software Assurance must be re- ordered for all such Licenses on a prospective basis following the Transition Period. Software Assurance coverage may not exceed the quantity of perpetual Licenses for which Software Assurance was current at the time of any prior Transition. Software Assurance may not be applied to Licenses transferred by Enrolled Affiliate. (iv) If a device -based License is Transitioned to a user -based License, all users of the device must be licensed as part of the Transition. (v) If a user -based License is Transitioned to a device -based License, all devices accessed by the user must be licensed as part of the Transition. b. Effect of Transition on Licenses. (i) Transition will not affect Enrolled Affiliate's rights in perpetual Licenses paid in full. (ii) New version rights will be granted for perpetual Licenses covered by Software Assurance up to the end of the Transition Period. (iii) For L &SA not paid in full at the end of the Transition Period, Enrolled Affiliate will have perpetual Licenses for a proportional amount equal to the amounts paid for the Transitioned Product as of the end of the Transition Period. (iv) For USA not paid in full or granted a perpetual License in accordance with the above or Subscription Licenses, all rights to Transitioned Licenses cease at the end of the Transition Period. 6. End of Enrollment term and termination. a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment. b. Renewal Option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products by renewing the Enrollment for one additional 36 full calendar month term or signing a new Enrollment. Microsoft must receive a Product Selection Form and renewal order prior to or at the Expiration Date. The renewal term will start on the day following the Expiration Date. Microsoft will not unreasonably reject any renewal. Microsoft may make EA2013EnrGov (US)SLG(ENG)(Oct2013) Page 5 of 9 Document X20 -10631 changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. If Enrolled Affiliate elects not to renew. (i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring L &SA. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product List, the following options are available at the end of the Enrollment initial or renewal term. 1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month -to -month ( "Extended Term ") is available. During the Extended Term, Online Services will be invoiced monthly at the then - current published price for Enrolled Affiliate's price level as of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled Affiliate does want an Extended Term, Resellermust submit a request to Microsoft. Microsoft must receive the request not less than 30 days prior to the Expiration Date. 2) Cancellation during Extended Term. If Enrolled Affiliate has opted for the Extended Term and later determines not to continue with the Extended Term, Resellermust submit a notice of cancellation for each Online Service. Cancellation will be effective at the end of the month following 30 days after Microsoft has received the notice. ()ii) Subscription Licenses and Online Services not eligible for an Extended Term. If Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate's Enterprise must discontinue use. Microsoft may request written certification to verify compliance. (iv) Customer Data. Upon expiration or termination of a License for Online Services, Microsoft will keep Customer's Data in a limited function account for 90 days so that Customer may extract it. Enrolled Affiliate will reimburse Microsoft if there are any associated costs. After 90 days Microsoft will disable Enrolled Affiliate's account and will delete its Customer Data. Enrolled Affiliate agrees that, other than as described above, Microsoft has no obligation to continue to hold, export or return Enrolled Affiliate's Customer Data and that Microsoft has no liability whatsoever for deletion of Enrolled Affiliate's Customer Data pursuant to these terms. d. Termination for cause. Any termination for cause of this Enrollment will be subject to the "Termination for cause" section of the Agreement. e. Early termination. Any Early termination of this Enrollment will be subject to the "Early Termination" Section of the Enterprise Agreement. For Subscription Licenses, in the event of a breach by Microsoft, Microsoft will issue Reseller a credit for any amount paid in advance that would apply after the date of termination. EA2013Enr Gov(US)SLG(ENG)(OG2013) Page 6 of 9 Document X20-10631 Enrollment Details 1. Enrolled Affiliate's Enterprise. a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate's Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities. Enrolled Affiliate's organization includes . Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates: ® Enrolled Affiliate only ❑ Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included if fewer than all Affiliates are to be included in the Enterprise): ❑ Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded: b. Please indicate whether the Enrolled Affiliate's Enterprise will include all new Affiliates acquired after the start of this Enrollment: Check only one box in this section: ❑ Enrolled Affiliate's Enterprise will include all new Affiliates acquired after the start of this Enrollment 0 Enrolled Affiliate's Enterprise will not include all new Affiliates acquired after the start of this Enrollment If no selection is made, or if both boxes are checked, Microsoft will deem the Enterprise to include all future Affiliates 2. • Contact information. Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks ( *) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at httys://www.microsoft.comflicensing/servicecenter. a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate's Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes Name of entity (must be legal entity name)* City of Scheriz Contact name* First Myles Last Clauser Contact email address* it_dept @schertz.com Street address* 1400 Schertz Parkway EA2013EnrGov (US)SLG(ENG)(Oct2013) Page 7 of 9 Document X20 -10631 City*Schertz State /Province* TX Postal code* 78154-1634 (For U.S. addresses, please provide the zip + 4, e.g. xxxxx -xxxx) Country* USA Phone* 210 619 1183 Tax ID * indicates required fields b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized for applicable Online Services to add or reassign Licenses, step -up, and initiate Transitions prior to a true -up order. ® Same as primary contact (default if no information is provided below, even if the box is not checked). Contact name* First Last Contact email address* Street address* City* State /Province* Postal code* (For U.S. addresses, please provide the zip + 4, e.g. xxxxx -xxxx) Country* Phone* Language preference. Choose the language for notices. English ❑ This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. * indicates required fields c. Online Services Manager. This contact is authorized to manage the Online Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses, step -up, and initiate Transitions prior to a true -up order. ® Same as notices contact and Online Administrator (default if no information is provided below, even if box is not checked) Contact name *: First Last Contact email address* Phone* ❑ This contact is from a third party organization (not the entity). Warning: This contact receives personally identifiable information of the entity. * indicates required fields d. Reseller information. Reseller contact for this Enrollment is Reseller company name* SHI International Corp Street address (PO boxes will not be accepted)* 290 Davidson Ave City* Somerset State /Province* NJ Postal code* 08873 Country* USA Contact name* Phone* 888 764 8888 Contact email address* * indicates required fields EA2013EnrGov (US)SLG(ENG)(Oct2013) Page 8 of 9 Document X20 -10631 By signing below, the Reseller identified above confirms that all information provided in this Enrollment is correct. Signature* Printed name* Printed title* Date* ufufuafus fuymfuu uufus Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default. (i) Additional notices contact (ii) Software Assurance manager (iii) Subscriptions manager (Iv) Customer Support Manager (CSM) contact 3. Financing elections. Is a purchase under this Enrollment being financed through MS Financing? No If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft Licensing, GP. EA2013EnrOov (US)SLG(ENG)(Oct2013) Page 9 of 9 Document X20 -10631 �l Microsoft Program Signature Form MBA/MBSA number Agreement number 01E73535 Volume Licensing 000 - frmulkey -s -020 Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new. For the purposes of this form, "Customer' can mean the signing entity, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement. This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below. Contract Document <Choose Agreement> Number or ..- Document Number or Code <Choose Agreement> Document Number or Code <Choose Agreement> Document Number or Code <Choose Agreement> Document Number or Code <Choose Agreement> Document Number or Code Enterprise Enrollment X20 -10631 <Choose Enrollment/Registration> Document Number or Code <Choose Enrollment/Registration> Document Number or Code <Choose Enrollment/Registration> Document Number or Code <Choose Enrollment/Registration> Document Number or Code Amendment CTM (New) Amendment W29 (New) Document Description Document Number or Code Document Description Document Number or Code Document Description Document Number or Code By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents. ProgramSignForm( MSSign)( NA ,LatAm)ExBRA,MLI(ENG)(Oct2013) Page 1 of 3 Name of Entity (must be legal entity name)* City of Schertz Signature* Printed First and Last Name* John C. Kessel Printed Title City Manager Signature Date* Tax ID 74- 1469344 Microsoft Licensing, GP Signature Printed First and Last Name Printed Title Signature Date (date Microsoft Affiliate countersigns) Agreement Effective Date (may be different than Microsoft's signature date) Optional 2nd Customer signature or Outsourcer signature (if applicable) Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* required field Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* * indicates reouire If Customer requires physical media, additional contacts, or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form. After this signature form is signed by the Customer, send it and the Contract Documents to Customer's channel partner or Microsoft account manager, who must submit them to the following ProgramSignFom(MSSign) (NA,LatAm)ExBRA, ML I(ENG)(Od2013) Page 2 of 3 address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy. Microsoft Licensing, GP Dept. 551, Volume Licensing 6100 Neil Road, Suite 210 Reno, Nevada 89511 -1137 USA ProgramSignFo"(M SSign)(NA, LatAm)EXBRA,MLI(ENG)(Oct2e13) Page 3 of 3 Government City of Schertz 7X Kyle Gaertner 1400 Schertz Parkway Schertz, TX United States Phone: (210) 619-1183 Fax: Email: kgaedner @schertz.com Pricing Proposal Quotation #: 7557139 Created On: 1/24/2014 Valid Until: 1/31/2014 Account Executive Craig Bailey SHI Government Solutions 1301 South Mo -Pac, Suite 375 Austin, TX 78746 Mobile Phone: 512 - 822 -0457 Phone: 800- 870 -6079 x5199 Fax: 512 - 732 -0232 Einar,: Cmig_Bailey @shi.cem All Prices am in US Dollar (USD) Product ($y Your Price Total 1 Of oe365PlanK1G ShrdSvr ALNG SubsVL MVL PerUsr 105 $30.00 $3,150.00 Microsoft - Par[A: 3KS -00001 2 ExchgOnlnPlan1G ShrdSvr ALNG SubsVL MVL PerUsr 153 $34.80 $5,324.40 Microsoft - Part#. 3MS -00001 3 Of5oe365PianG1 ShrdSvr ALNG SubsVL MVL PerUsr 54 $60.00 $3,240.00 Microsoft - ParW,. 1145 -00002 4 Office365PlanG3 ShrdSvr ALNG SubsVL MVL PerUsr 44 $178.80 $7,867.20 Microsoft - Part#: U7S -00008 Additional Comments Microsoft DIR Contract Number DIR -SDD -2503 This quotes pricing is for year one of the three year entreprise agreement. The estimated payment for year two and year three will be the same as year one. 5�(. (p 0 Thank You for choosing SHI -GS! To ensure the best level ofsarvice, please provide End User Name, Phone Number, and &Mail Address when submitting a Purchase Order For any additional information including Hardware and Sofhvare Contract Numbers, please contact an SHI -GS Sales Representative at 800 -870 -6079. The Products offered under this proposal are subject to the SHI Return Policy posted at www.shi.com7retumoolicv, unless there is an existing agreement between SHI and the Customer Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: March 4, 2014 Department: Information Technologies Subject: Resolution No. 14 -R -20 Authorizing the City Manager to enter into a contract with Liftoff LLC for Implementation Services associated with the Microsoft Office 365 Email System Upgrade. BACKGROUND: The I.T. Dept. is charged with ensuring reliable and efficient communications services for the City of Schertz. These services include timely reliable access to email for staff, both at the office and in the field. The City's current email system was last upgraded in 2007 when the I.T. dept. upgraded to Microsoft Exchange 2003. Last year the department undertook a review of various upgrade options in order to respond to the changing needs of the City staff as well as to take advantage of new and emerging technologies. The options reviewed included upgrading the existing internal system as well as outsourcing. As a result of this review it was determined that Microsoft's Office 365 for Governments program would meet both the City's immediate needs as well as provide a stable, scalable platform for the foreseeable future. In addition to email services, Microsoft Office 365 offers city personnel a wide range of currently unavailable features as well as access to emails, shared calendars, etc. via any technology (cell phone, tablet and pc) at any time. Office 365 is also the only online, hosted service offering that is CJIS (Criminal Justice Information Security) compliant and approved by the state of Texas for use by Public Safety Agencies for cloud storage of protected data. The actual licenses for Microsoft Office 365 will be purchased from SHI Government Solutions. The I.T. Dept. is proposing to purchase 354 licenses at this time. The purchase is being made as part of the State of Texas' Department of Information Resources (DIR) Cooperative Contracts Program. This is a streamlined co -op purchasing program for state and local governments which leverages the state's purchasing power to negotiate competitive discounts with vendors. If additional licenses are added (as new staff are hired) or upgraded (staff members need a greater range of software) costs will increase and will require staff to seek council approval to increase the number of licenses as the cost would exceed the amount authorized by the resolution authorizing the purchase. The license purchase agreement is for a three year term. Additionally, Microsoft recommends utilizing a consultant (implementation vendor) for deployment. Microsoft is offering a grant /incentive to cover the full cost for utilizing an implementation vendor for Office 365. Staff met several different companies and would like to contract with Liftoff LLC to perform the implementation. Finally, Microsoft requires those using Microsoft Office 365 to 50492900.1 C L C DELIEM E10 ❑=11100 ❑ ❑ D00®E] enter into a series of licensing and enrollment agreements for those entities who purchase licenses for and use Microsoft Office 365. Two items related to this project are scheduled for Council consideration on March 1, 2015. This item, #3 on the agenda, seeks approval of Resolution 14 -R -20 authorizing the City Manager to enter into a contract with Liftoff LLC to perform the implementation of Microsoft Office 365. Item #2 seeks approval of Resolution 14 -R -19 which authorizes the City Manager to enter into a series of agreements associated with the licensing and use of Microsoft 365 for a three year period and purchase the licenses from SHI Government Solutions at a cost of $19,518.50 annually. GOAL: Provide our staff the ability to access our emails and files from multiple devices while remaining compliant with federally mandated data security (CJIS/HIPAA) requirements. COMMUNITY BENEFIT: The upgrade to Microsoft 365 is anticipated to be more cost effective than other options. It will also increase reliability of services to allow staff to better communicate with our residents and business owners. It will eliminate the problems we are having opening documents sent to us from more current versions of software. SUMMARY OF RECOMMENDED ACTION: Approval of Resolution 14 -R -20 authorizing the City Manager to enter into a contract with Liftoff LLC for implementation assistance associated with the Microsoft Office 365 project at no cost to the City. FISCAL IMPACT: There is no cost to the City for the implementation of Office 365 as Microsoft is paying the vendor for this service. STAFF RECOMMENDATION: Approval of Resolution No. 14 -R -20. ATTACHMENT Resolution 14 -R -20. RESOLUTION NO. 14 -R -20 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT WITH LIFTOFF LLC FOR IMPLEMENTATION OF OFFICE 365 EMAIL UPGRADES, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into a no cost Agreement with Liftoff LLC, relating to the implementation of the email upgrade services; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Liftoff LLC pursuant to the Master Services Agreement attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section L ❑ The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Liftoff LLC 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 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. 50494755.1 PASSED AND ADOPTED, this 4th of March, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50494755.1 EXHIBIT A MASTER SERVICES AGREEMENT 50494755.1 A -1 MASTER SERVICES AGREEMENT This Master Services Agreement ( "Agreement ") is made effective as of February 20, 2014 by and between LiftOff, LLC of 1667 Patrice Circle, Crofton, MD 21114 and City of Schertz, TX ( "Client ") of 1400 Schertz Parkway, Schertz, TX 78154. Therefore, the parties agree as follows: 1. Background, Intent, and Relationship The purpose of this Agreement is to establish the terms and con- ditions governing the contractual relationship between the parties. Nothing in this Agreement shall be interpreted or construed as (1) creating or establishing a partnership, joint venture or similar busi- ness relationship between the parties; (2) creating or establishing an exclusive relationship between the parties, or (3) creating or establishing any employment relationship between the parties, which hereby acknowledge that LIFTOFF is an independent con- tractor under this Agreement. 2. Statements of Work All services performed under this Agreement will be specified in a Statement of Work ( "SOW ") to be prepared for each engage- ment and signed by the parties. The initial SOW is incorporated in this Agreement as Exhibit A, attached hereto. To the extent that any term contained in the SOW may be contradictory to any term contained in this Agreement, the parties agree that the SOW shall govern. It is agreed that the terms and conditions of this Master Agree- ment shall govern with respect to the services to be provided to Client by LIF"T"OFF, in accordance with each SOW executed by the parties. Each SOW shall become an Addendum to this Master Agreement. The terms of this Master Agreement will be incorpo- rated into each SOW by reference. 3. Professional Services Agreement This Agreement is for the performance of professional services only. LIFTOFF reserves the right to incorporate any techniques, skills, and /or procedures known or acquired from this or any other project into this or any future professional services engage- ments. Any such techniques, skills, or procedures remain the sole intellectual property of LIFTOFF, and may be used in any con- temporaneous or future professional services engagements for this or any other Client, without limitation. This is not a Work for Hire agreement. LIFTOFF does not sell, assign or transfer ownership of any intellectual property used or developed by LIFTOFF in the performance of any services for the Client pursuant to this Agreement. Nothing contained herein or in any SOW hereunder shall be construed or interpreted as any such sale, transfer, conveyance or assignment of any right, title or interest by LIFTOFF in any of its intellectual property. 4. Invoice Remittance Invoice payments must be sent to the LIFTOFF main office: 1667 Patrice Circle, Crofton, MD 21114. The LIFTOFF Federal ID number is: 27- 1914176. Payment terms are specified on the SOW. Payments are consid- ered late on the 30f day after the due date. Late payments will incur a 2% late payment fee for each block of 30 or fewer days overdue (payments 30 -60 days overdue will be assessed a 2% fee, payments 60 -90 days overdue will be assessed a 4% fee, etc...) 5. Expenses In addition to the charges for services as described above and with prior written approval of the Client, the Client shall reimburse LIFTOFF for all reasonably and necessary expenses (including travel, lodging, travel meals, and other related costs) incurred in the course of performing services under this Agreement. 6. Confidentiality Customer and Client acknowledge that, by reason of this Agree- ment, each may have access to certain information and materials concerning the others business, plans, customers, technology and products that are confidential. Such information and materials are of substantial value to each party, which value would be impaired if such information were disclosed to third parties. Neither party shall disclose to third parties, or use in any way for its own account or for the account of any third party, any such confidential infor- mation disclosed as a result of this Agreement. 7. Termination of Agreement This Agreement shall be in effect until such time as all services have been fully performed by LIFTOFF and all invoices have been fully paid by the Client. This agreement may be terminated by either party for convenience upon sixty (60) days prior written notice. Termination by client for convenience will result in charges for all in- process work. Upon termination of this Agree- ment for any reason, Sections 3, 6, 8, 9 will survive and bind the parties in their entirety. 8. Indemnity, Disclaimers, Limitation of Liability LIFTOFF agrees to indemnify and hold the Client, Texas and all of its present, future and former agents, employees, officials and representatives harmless in their official, indi- vidual and representative capacities from any and all claims, demands, causes of action, judgments, liens and expenses (including attorney's fees, whether contractual or statutory), costs and damages (whether common law or statutory), costs and damages (whether common law or statutory, and whether actual, punitive, consequential or incidental), of any conceivable character created by, arising from or in any manner relating to the services or goods performed or pro- vided by LIFTOFF — expressly including those arising through strict liability or under the constitutions of the United States or Texas. In no event shall LIFTOFF be liable for any consequential, spe- cial, indirect, incidental, or punitive damages, or for any loss of profits, revenue or business opportunities, regardless of the form of action and even if LIFTOFF has been advised of the possibility thereof. 9. Non - Solicitation of Employees During the term of this Agreement and for twelve (12) months thereafter, neither party will, either directly or indirectly, solicit for employment by itself (or any of its affiliates) any employee of the C) 2014 Liftoff, LLC. All Rights Reserved www.T-iftoffOntine.com other party (or any of its affiliates), unless the hiring party obtains the written consent of the other party. 10. Governing Law /Jurisdiction This contract will be governed by and construed in accord- ance with the laws of the State of Texas, excluding its con- flict of law's provisions, with venue lying in Guadalupe County, Texas. 11. Disputes The parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this agree- ment, the parties will first attempt to resolve the dispute by taking the following steps: (1) A written notice substantially describing the nature of the dispute shall be delivered by the dissatisfied party to the other party, which notice shall re- quest a written response to be delivered to the dissatisfied party not less than 5 days after receipt of the notice of dis- pute. (2) If the response does not reasonably resolve the dispute, in the opinion of the dissatisfied party, the dissatis- fied party shall give notice to that effect to the other party whereupon each party shall appoint a person having author- ity over the activities of the respective parties who shall promptly meet, in person, in an effort to resolve the dispute. (3) If those persons cannot or do not resolve the dispute, then the parries shall each appoint a person from the highest tier of managerial responsibility within each respective party, who shall then promptly meet, in person, in an effort to resolve the dispute. 12. Severability If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall con- tinue to be valid and enforceable. 13. Notices All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered as of the date delivered via facsimile, overnight mail or United States certified or registered mail, addressed as follows: City of Schertz, TX Myles Clauser, Director, Information Technologies 1400 Schertz Parkway Schertz, TX 78154 LiftOff, LLC Ron Braatz, President 1667 Patrice Circle Crofton, MD 21114 Such address may be changed from time to time by either Party by providing written notice to the other in the manner set forth above. 14. Credit and Public Awareness The Client further agrees to allow LIFTOFF to take public recog- nition of its engagement through the use of press releases, Inter- net postings, competition entries or other communication mate- rials. This awareness will not violate any confidentiality provisions of this agreement, nor will it disclose any financial terms of the engagement without the prior written consent of the Client. 15. Waiver The failure of either Party to enforce any provision of this Agree- ment shall not be construed as a waiver or limitation of that Party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. 16. Entire Agreement This Agreement and the referenced SOW constitute the entire agreement between the parties, and supersede all prior or contem- poraneous communications between the parties (whether written or oral) relating to the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by both parties. There are no representations or commitments re- lied upon by either party not contained herein. IN WITNESS WHEREOF, the parties have caused their authorized representatives to execute this Agreement as of the Effective Date. By: LiftOff, LLC Ron Braatz President By: Date City of Schertz, TX Name: Title: © 2014 LiftOff, LLC. All Rights Reserved www.LiftoffOnline.com Date Exhibit A — Initial Statement of Work 1. Work to Be Performed 1.1. LIFTOFF will provide Guided Deployment Services focused on the migration to the Office 365 solution. Specifically, the work will: 1.1.1. Consist of an overall "Coach /Mentor" approach, where LiftOff will work with your IT Staff to determine the best approach for the migration and train your IT Staff on the new Microsoft Office 365 system. 1.1.2. Consist of an Assessment process where we will complete an analysis of the current email environment and ensure that requirements are captured, core functionality is reviewed, and details for the migration are discussed and reviewed. This will be conducted via phone and typically takes 2 -3 hours to complete. 1.1.3. Assist in the purchase of the Office 365 licenses and review the licensing agreement with Microsoft. 1.1.4. Consist of Setup and Pre - Staging in the Office 365 Admin Console where we will get the domain added, up- dated, and verified, and the users imported into the cloud system. 1.1.5. Consist of identifying, testing, and implementing the optimal email migration tools and strategies. This does not include the setup or configuration of ADFS or long -term hybrid co- existence migration scenarios. 1.1.6. Consist of migration wrap -up support to include modifying the MX record and verifying mail flow. 1.1.7. Consist of consulting on the best way to download and install Office Professional Plus 2013 for a few users (if applicable). 1.1.8. Consist of consulting on the best way to install and configure Lyric Online for a few users (if applicable). 1.1.9. Require that the client assign LiftOff, LLC as the Partner of Record for a period of 24 months once the solution is purchased. Instructions for this will be provided. LiftOff 's Partner ID number is 2823664. 1.1.10. Conclude with a Project Close -Out consisting of tips for managing Microsoft support post - deployment and instructions for reviewing LiftOfPS performance in the Microsoft Pinpoint System. 1.2. LIFTOFF will provide an "Office 365 Workshop" via phone with Client. Specifically, the work will include mini- training sessions on: 1.2.1. The Office 365 Admin Center (OAC) and the Exchange Admin Center (EAC) 1.2.2. Exchange Online Protection (EOP) 1.2.3. PowerShell functionality within Office 365 1.3. Include the initial setup of SharePoint Online (if applicable) for a few users to include adding users and basic branding (logo, colors). Advanced SharePoint development including data migration requires a separate contract. 1.4. Provide copies of planning materials and communications including the Microsoft Office 365 Deployment Guide, LiftOff proprietary training material and prepared staff template communiques, and other migration literature as necessary. 1.5. This Statement of Work will commence upon acceptance of documents on dates negotiated between LIFTOFF and Client. 2. Investment & Payment Structure 2.1. The cost of the services outlined in Section 1 above is $0. This is the client cost and has already factored in any incentives or promotions. This pricing is valid for 30 days past the date identified in section 3.1. Invoicing is done after the Assessment Process (1.1.2) and terms are Net 30. All subscription software is licensed directly with Microsoft. 2.1.1. This reduced pricing is contingent on the following factors: 2.1.1.1. The client must fully qualify for the Fast -Track Deployment Offer. Terms and Conditions are here: http: / /fasttrack.office.com /Media /Default /DeploymentOffer /Office 365 Deployment Of- fer Terms and Conditions ENG.pdf 2.1.1.2. The client must purchase at least 251 "qualifying" licenses. Instructions for this will be provided. © 2014 LiftOff, LLC. All Rights Reserved www.LiftoffOnline.com 2.2. Migration Wiz Premium, multi -pass licenses may be recommended for the project. These licenses typically cost $12 /user. If Client agrees to use Migration Wiz, Client will be responsible for purchasing licenses for all users. All migration licenses are purchased directly from Migration Wiz. 3. General Terms and Conditions 3.1. This Statement of Work will be bound by the terms of the Master Services Agreement between LIFTOFF & Client dated February 20, 2014, to which this Initial Statement of Work is attached as Exhibit A. 4. Signature Agreed and Accepted by: Liftoff, LLC By: By: City of Schertz, TX Ron Braatz Date Name: Date President Title: © 2014 Liftoff, LLC. All Rights Reserved www.LiftoffOnline.com Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: March 4, 2014 Department: Information Technologies Subject: Resolution No. 14 -R -21 Consideration and/or action approving a Resolution authorizing an Agreement to the upgrading of fiber provided by Time Warner Cable to increase the bandwidth, and other matters in connection therewith. BACKGROUND: The I.T. Dept. is charged with ensuring reliable and efficient services to staff and residents of our City. Part of our mandate is to provide reliable and responsive internet connectivity to support our various departments, including our Public Safety and Public Works field staff. This connectivity carries all internet traffic to and from our various websites, provides remote - access to staff, and acts as a conduit for most of our other business related web communications, including email, etc. To meet that mandate, the City currently utilizes both Time Warner Cable (TWC) and Guadalupe Valley Electric Co -Op (GVEC) for internet services. Having 2 carriers ensures redundancy and improves the reliability of our service to our constituents. The current Time Warner Cable service is essentially a residential service that has been in place for many years. It no longer meets our current needs and does not allow for growth. The City therefore needs to upgrade its internet access. The proposed TWC contract will increase our bandwidth from 10mbps by 2 mbps (10x2) to a 50mbps by 50 mbps (50x50) connection to the main campus. This increase will allow us meet our current demands for access. However, it is anticipated that demand for internet -based connectivity will continue to rise as the City continues to grow. As that demand increases additional bandwidth will become necessary, and the I.T. department will return to Council for authorization. GOAL: To increase our internet bandwidth for the City to meet demands for reliable, responsive service by our Public Safety and Public Works field personnel as well as increasing demand for web - based communications with residents and others who wish to learn about our City. COMMUNITY BENEFIT: The increase will allows us to cover the current demand that all internet -based services have on our existing systems, as well as the meeting the increasing demand from field -based Public 50492900.1 CL COCIOF-0IME70 CIELLIOE]IEI ❑ ❑ [I]OB 7 Safety and Public Works employees. In addition, this new service will improve access to City websites by our residents. SUMMARY OF RECOMMENDED ACTION: Acceptance of the Resolution 14 -R -21 to increase bandwidth with Time Warner Cable. FISCAL IMPACT The funds required for 6 months of this fiscal year, or $8,262.00 will be provided from the City's General Fund Contingency, 101 - 167 - 532900 General Fund Contingency. The remaining expenses for FY 14 -15 ($16,524.00), FY 15 -16 ($16,524.00) and six months of FY 16 -17 ($8,262.00) and will be budgeted under the I.T. Dept. account number 101 - 853 - 533330 for Telephone /Internet Services. STAFF RECOMMENDATION Approval of Resolution No. 14 -R -21 ATTACHMENT Resolution No. 14 -R -21 RESOLUTION NO. 14 -R -21 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT TO THE UPGRADING OF FIBER PROVIDED BY TIME WARNER CABLE TO 50 MBPS TO INCREASE BANDWIDTH FOR PUBLIC SAFETY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an Agreement with Time Warner Cable, relating to increased bandwidth for internet access for Public Safety in the amount of $8,262 for the current fiscal year and $16,524.00 per year for both FY 14 -15 and FY 15 -16; and WHEREAS, this increase will allow us to meet the mandate that Public Safety mobile access has on our network; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Time Warner Cable pursuant to the agreement attached hereto as Exhibit A (the "Agreement ". 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 Agreement with Time Warner Cable for increased bandwidth 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 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. 50494755.1 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 4th of March, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50494755.1 EXHIBIT A SERVICE AGREEMENT 50494755.1 A -1 lop TIME WARNER CABLE Business Class Service Agreement This Time Warner Cable Business Class Service Agreement ( "Service Agreement ") in addition to the Time Warner Cable Business Class Terms and Conditions ( "Terms and Conditions ") and any Time Warner Cable Business Class Service Orders (each, a "Service Order "), constitute the Master Agreement by and between customer identified below ( "Customer ") and Time Warner Cable ( "TWC" or "Operator ") and is effective as of the date last signed below. T-O ❑fi!V ❑❑- , —C❑❑FFT❑mEiLLC❑LVd ❑dam ❑[WOE[[1i TC' Street: 1900 Blue Crest Ln Contact: Tiffany Creamer City: San Antonio State: T Zip Code: u❑❑❑ Telephone: (210) 582 -9574 Facsimile: [�❑ ❑[❑ID❑ ❑IL❑❑❑ Customer Name (Exact Legal Name): Federal ID No: C[T ❑[O ❑L❑C ❑E ❑T❑ 11110 Billing Address: Suite: NOE= y: State: Zip Code: ❑❑❑❑EC ❑E ❑T ❑[III ❑Wu T❑ 1111❑❑❑ Billing Contact Name: Phone: E -mail: ®❑❑®❑❑IID❑❑❑ ZLL❑❑1 IID ❑IU m❑ Authorized Contact Name: Phone: E -mail: =E05-1=0 IID ❑ ❑ ® ❑ ❑EU❑ ❑❑ I LL❑I❑ =11F Il m❑ T❑1E11=EF'❑[CEEAG❑EEME T❑❑E❑EB, -- CO❑ ❑O ❑ATE❑EB❑ =E ❑E ❑E ❑CE[IT ❑ELITE ❑M❑EA[ [CO T O [A❑A[LABLEIAT[WWW.TWCBC.COM /LEGAL IA CO❑❑ m❑[W [i[C ❑[W[LLiBEiiii❑O ❑[HiE ❑[TO[C ❑CITOME ❑ ❑O❑ REQUEST. BY EXECUTING THIS SERVICE AGREEMENT BELOW, CUSTOMER ACKNOWLEDGES THAT: (1) CUSTOMER ACCEPTS AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS, INCLUDING SECTION 21 THEREOF, WHICH PROVIDES THAT THE PARTIES DESIRE TO RESOLVE DISPUTES RELATING TO THE TIME W ARNER CABLE BUSINESS CLASS SERVICES AGREEMENT THROUGH ARBITRATION; AND (2) BY AGREEING TO ARBITRATION, CUSTOMER IS GIVING UP VARIOUS RIGHTS, INCLUDING THE RIGHT TO TRIAL BY JURY. By signing and accepting below you are acknowledging that you have read and agree to the terms and conditions outlined in this document. Electronic Signature Disclosure Authorized Signature for Time Warner Cable Texas LLC d /b /a Time Warner Cable Authorized Signature for Customer By: By: Name (printed): Name (printed): Title: Title: Date: Date: Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: March 4, 2014 Department: City Manager Subject: Resolution 14 -R -22 Consideration and/or action approving a resolution authorizing an application with Bexar County for as Community Development Block Grant. (CDBG) for the meal program at the Schertz Area Senior Center. (J. Kessel, C. Van Zandt) BACKGROUND Bexar County CDBG program is accepting applications this month to be considered for funding in the current cycle year as part of the Federal Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program. Though the program is run by Bexar County on our behalf, the projects we submit can be in any part of the City — anywhere in the three counties. To qualify, a project must demonstrate that it will primarily benefit one or more of the following groups: low to moderate income individuals, senior citizens, people addressed by the Americans with Disability Act (ADA). Projects funded fall into two categories: Public Service /Social Services and Infrastructure, public facilities and economic development. As a result of, the recent termination of the contract services agreement for the management of the Schertz Area Senior Citizens Center program, and the City's subsequent need to provide interim management for the facility, has brought this CDBG - eligible item into focus. Staff is proposing to apply for $10,000.00 to support this program and providing a match of $10,000.00. The "Senior Center Meal Grant Project" would have a total budget of $20,000.00 of which 50% is the City's match. If funds awarded were less than $10,000.00 then the City's match would be reduced. The focus of the program is the health and wellness of the Schertz Area Senior Citizens. The Schertz Area Senior Citizens Center is a cornerstone in the Schertz community – focused upon positive aging since 1982. The Center is committed to serving the full spectrum of seniors, from the healthy, active senior who wants to use a lifetime of skills and experience to make a difference in our community through volunteering to the frail elder who requires assistance meeting the needs of daily life. The senior center leadership Advisory Committee has the capacity, the skills, the passion and the environment to provide affordable, accessible, and cost - effective services to older adults and their families, and adults with disabilities, keeping them as healthy as possible. The Center is innovative and adaptive in its programming – creating programs that do not exist otherwise to meet needs of our local, area seniors. C iDIT_C OODL I M 011 OCQIDODD D ❑ 11MO Seniors are the fastest growing segment of our population; in the last decade, the number of persons ages 50 to 84 years grew by 114 % in Schertz, Texas. This group represents 29 % of the population of the City of Schertz. More people are likely to "age in place" than ever before; some can expect to live in their homes (after retiring) for 30 years or longer. Increased longevity has created a dramatic rise in the number of elders living decades longer than the general life expectancy and is creating new expectations and demands for how seniors expect to age. Communities will need to provide more people with a greater range of programs and services than ever before, including multi -level caregiver support and opportunities for socialization to mitigate against the mental, emotional, and physical strain of these challenges. The Schertz Area Senior Citizens Center represents a strong effort to maintain a high "Quality of Life" for our Senior Population. The services prevent and /or delay the need for more expensive medical and custodial care, which is often financed with public funds. The Schertz Area Senior Citizens Center is currently being managed by the City of Schertz Parks, Recreation, and Community Services Department. The most appreciated and attended program for the membership of the Schertz Area Senior Citizens Center is the daily congregate meal program. • ❑ Average daily attendance at the center: 50 Attendees • ❑ Daily congregate meal program: 52 Seniors • ❑ Monthly meal cost at $4 /meal: $ 4,576.00 • ❑ Annual meal costs approximately: $54,912.00 Currently the actual seniors are bearing the cost of the meal program, by paying $4 meal, except for those who cannot afford to pay. The City is subsidizing their meals. If the grant is awarded, it is anticipated that the funds would be used to subsidize the meal program to reduce the cost of the meals to those eligible. Staff is not proposing to provide free meals to all seniors. Next steps: Present project listing to Bexar County on February 27, 2014. Finalize application for submission to Bexar County no later than Wednesday, March 5, 2014. Goal To provide funding to purchase and serve healthy, delicious, nutritional meals to Schertz Area Senior Citizens Center congregate meal program participants. Community Benefit Provide a service that is currently being met through the creative, but limited, use of local restaurant vendors whose participation in our meal program is so appreciated. cTFT.CnnornTMnn nrmnnnn Cl ❑uuu u Summary of Recommended Action Recommend approval of the resolution to apply for a $10,000.00 grant by committing to a $10,000.00 match to support the congregate meal for the City of Schertz Area Senior Citizens Center under the Bexar County CDBG program. FISCAL IMPACT Depending on projects awarded, a City cash match of up to $10,000.00 (50% of the program cost) will be provided out of the Contingency Fund and /or other sources. RECOMMENDATION Approval of Resolution 14 -R -22 authorizing the City to apply for a $10,000.00 grant and committing up to a $10,000.00 match to support the congregate meal for the City of Schertz Area Senior Citizens Center under the Bexar County CDBG program. ATTACHMENT Resolution 14 -R -22 RESOLUTION NO. 14 -R -22 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE PURSUIT OF A CDBG GRANT FOR FUNDING FOR THE SCHERTZ AREA SENIOR CENTER MEAL PROGRAM. WHEREAS, the City staff of the City of Schertz (the "City ") is operating the Schertz Area Senior Center; and WHEREAS, one of the programs being provided at the Schertz Area Senior Center is the lunch meal program; and WHEREAS, the City Council has determined that it is in the best interest of the City to pursue grant funding to support this project through the Bexar County CDBG Matching Grant Program in the amount of $10,000.00 for a total project amount of $20,000.00 and; WHEREAS, if this Grant request is approved this Resolution will approve the actions necessary to receive the grant that will provide for the development of the requested project; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS _I0:K14 Section L ❑ The City Council hereby authorizes the City Manager to apply for a CDBG Grant through Bexar County with a 50% match of $10,000.00 to help support the Schertz Area Senior Center meal project, and accept the grant if awarded. 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 4th day of March 2014. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: March 4, 2014 Department: Development Services Ordinance No. 14 -5 -08 — Conduct a Public Hearing and consideration and/or action upon a request to amend The Crossvine Planned Development District (PDD) zoning, a mixed use development, consisting of approximately 545.74 acres. The property is more specifically described as a portion of the Julian Diaz Survey No. 66, Abstract No. 187, and also a portion of the E.R. Evans Survey No. 80, Abstract No. 216, County Block 5060, and also a portion of the Geronimo Leal Survey No. 79, Abstract No. 424, City of Schertz, Bexar County, Texas, generally located west of FM 1518 at Lower Seguin Road. (First Reading) BACKGROUND The applicant is proposing to amend The Crossvine Planned Development District (PDD) an approximately 545.74 acres of land generally located west of FM 1518 and Lower Seguin Road. The site is currently zoned Planned Development District (PDD) to create a mixed use development consisting of single family residential, multi - family dwellings, commercial with a generous amount of open space and a community trail system. This amendment of the PDD proposes new design criteria and the addition of three (3) tracts of land totaling approximately 54.66 acres to The Crossvine Planned Development District (PDD). • ❑ Tract 1 - The applicant is requesting to rezone approximately 13.669 acres of land from General Business (GB) and Residential Agriculture (RA) to Planned Development District (PDD). The property is generally located north -west of the intersection of Lower Seguin Road and FM 1518. • ❑ Tract 2 - The applicant is requesting to rezone approximately 1.5 acres of land from Residential Agriculture (RA) to Planned Development District (PDD). The property is generally located approximately 5000 feet south of the intersection of Lower Seguin Road and FM 1518. C LUC 000C[IIM C70 0[10ID11OIE] 0 ❑ 000 ®0 • ❑ Tract 3 - The applicant is requesting to rezone approximately 39.49 acres of land from General Business (GB) and Residential Agriculture (RA) to Planned Development District (PDD). The property is generally located west of the Sedona Subdivision. Two hundred and forty five (245) public hearing notices were mailed to surrounding property owners on January 31, 2014 with a public hearing notice published in the "The Daily Commercial Recorder" on February 14, 2014 and the "Herald" on February 19, 2014. At the time of this staff report twenty (20) total responses were received, five (5) responses in favor of the request; thirteen (13) responses opposed to the request; and two (2) responses were neutral to the request. Comments received on the Notice of Public Hearing Response reply form are as follows: • ❑ Crista Carmack, 12535 Woman Hollering Road (Favor) "It be good to see something nice going up in our neighborhood" • ❑ Olga Prochazha, 3024 Pencil Cholla (Opposed) "Roads are not sufficient to accommodate additional traffic." • ❑ Sheila Glaspie, 3113 Pencil Cholla (Opposed) "NO NO NO NO we do not want to be a roof top community! STOP the development, you will lose your tax base when we all move out...." • ❑ Jose Lerma, 1256 Lower Seguin Road (Opposed) "Make sure the new housing areas have good drainage!" • ❑ John & Carie Warren, 12420 Ware Seguin Rd. (Opposed) "We moved to this area specifically for the country feel. We do not support commercial business along FM 1518. The country living is the appeal of the area. This area can barely keep up with the current traffic flow. We prefer to have no more development, in order to, maintain the country feel we bought into." • ❑ Walter Carnos, 3148 Muntjac, (Opposed) When we purchased we were told that plat would not happen" • ❑ Amanda Wonder, 3009 Muntjac (Opposed) "We would like to keep our community "Country" w /out being surrounded by business." • ❑ Marion Fleming, 3132 Muntjac (Opposed) "Absolutely Oppose — No Business should come in" • ❑ Matthew M. Ross, 3124 Muntjac (Opposed) "I would lose my view & we all would lose the open country feeling here." • ❑ Marisa Clay, 3108 Pencil Cholla (Opposed) "I do not want PDD zone amended." Comments received on February 12, 2014 during the public hearing are as follows: • ❑ Melinda Steadman, 3133 Muntjac, commented on the concerns with development of Tract 3, the notice that was sent to the property owners, the walking trails, emergency substation, crime and vandalism and concerns with no police patrol. • ❑ John Scott, 7840 E. FM 1518, commented on prices of the homes, traffic concerns, and water containment. CTFUCF1 ,- ❑FFFIM TTI ❑1101100 ❑ -1 uuuu u • ❑ Adrian Quantanilla, 3200 Pencil Cholla, commented about the notice that was sent to property owners, understanding and informing the community, the walking trails, and lack of communication. • ❑ Brian Edgington, 3037 Pencil Cholla, commented on the park and walking trails, and concerns with his backyard looking at multifamily attached residential as well as the lower scale of home to be built. • ❑ Kevin Mutchler, 9112 Gila Bend, commented on roads around the mail kiosks and the connection to the adjacent property (tract 3). • ❑ Steve Layton, 12231 Lost Meadows, commented on Bexar County property lines and the City of Schertz properties. • ❑ Tim Knotts, 12050 Lower Seguin, commented about his property and the exempt uses from the commercial area of the PDD. • ❑ Kent Palma, 9012 Gila Bend, commented that he was not opposed to the new development, and the commercial area expansion. • ❑ John Warren, 12420 Ware Seguin Road, commented on what uses the master plan is providing and doesn't want the development. • ❑ Ron Noll, 6975 Pfeil Road, commented on drainage, flooding, roads and easements. • ❑ Clare Layton, 12231 Lost Meadows, explained that homeowners should check the City web site for information because the website has information available for this development and the City has had publications in the newspaper and the Schertz Magazine regarding this project. PROJECT HISTORY: 2005: Sedona Subdivision PUD was adopted for mix use development Ord. #05 -S -49. ( Sedona unit 1 was platted 2007) 2006: Sedona Subdivision PUD was amended Ord. # 06 -S -36 2012: Sedona Trails PDD was adopted as new mixed use development Ord. #12 -S -01 2012: The Crossvine PDD was amended and adopted by Ord. #12-S-16. A public hearing was conducted at the December 18, 2013 and January 8, 2014 Planning and Zoning Commission meetings where staff discussed the proposed amendments with the Commission to gain input from the Commission and receive public comment. A public hearing was conducted at the February 12, 2014 Planning and Zoning Commission meeting. GOAL Schertz 1518, LTD. is requesting to amend The Crossvine PDD to provide design criteria for Module II A and rezone three tracts of land to Planned Development District to develop a mixed use development consisting of single family residential, multi - family dwellings, commercial with a generous amount of open space and a community trail system. 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. C LUC OOOIOLIM 0lL] 0=1110111 ❑ 0000 ®0 SUMMARY OF RECOMMENDED ACTION Staff reviewed the request for conformance with the Comprehensive Land Use Plan (CLUP) and the subject property is identified as Mixed Use Core and Mixed Used Neighborhood. The areas identified for commercial, multi - family, and attached single family development are designated in the CLUP as Mixed Use Core, defined as an area that would anchor the adjoining residential neighborhoods in addition to providing much needed neighborhood commercial services. The PDD's proposed density is consistent with the plan designation of mixed use neighborhood which provides for walkable neighborhoods in the vicinity of the intersection of FM 1518 and Lower Seguin Road. The amendment will consist of Garden Home (GH1 and GH2), Attached Residential (AR1), Multi- Family Residential (MFR), and Commercial (GB). • ❑ Garden Home (GH 1) has a minimum lot size of 3,825 square feet with minimum lot dimensions of 45 feet by 85 feet. The front building setback is 18 feet with a side setback of 10 feet and a minimum rear setback of 10 feet. The building maximum height is 38 feet with a maximum impervious coverage of 85% and a maximum dwelling size of 2,450 square feet. • ❑ Garden Home (GH2) has a minimum lot size of 3,600 square feet with minimum lot dimensions of 60 feet by 60 feet. The front building setback is 18 feet with a minimum side setback of 10 feet and a minimum rear setback of 10 feet. The building maximum height is 38 feet with a maximum impervious coverage of 85% and a maximum dwelling size of 2,550 square feet. • ❑ Attached Residential (AR1) shall have a maximum density of 9 units per acre with a maximum building height of 38 feet, maximum impervious coverage of 85% and maximum home size of 2,100 square feet. • ❑ Multi- Family Residential (MFR) shall have a maximum density of 22 units per acre with a maximum building height of 65 feet and maximum impervious coverage of 85 %. MFR developments must provide 1.5 parking spaces for each 1- bedroom unit, 2 parking spaces for each 2- bedroom unit, 2.5 parking spaces for each 3+ bedroom unit, and an additional 5% of total spaces. • ❑ Commercial district consists of the General Business (GB) zoning district as set forth in the UDC with the uses amended to exclude the following: Airport, heliport, or landing field; assisted care or living facility; athletic stadium, private; automobile parking structure/ garbage; automobile repairs & service, major; church, temple, synagogue, mosque, or other place of worship; college, university, trade, or private boarding school; convenience store with gas pumps; family or group home; gasoline station/ fuel pumps; golf course and/ or country club; heavy equipment sales, service, or rental; hospital; livestock; mortuary / funeral home; theatre, outdoor; trailer/ manufactured home sales. The following summary highlights some of the significant modifications to the requirements of the Unified Development Code (UDC). Please review the PDD to view all modifications. C iII1T_C DDDEOM OD OCQID000 D ❑ 11MO Design criteria has been added to the PDD for Module II which consists of 107.57 acres of land located north of Trellis Walk and includes property located on the north side and south side of Lower Seguin Road. The property is designated for higher density residential options and will be a commercial and civic hub. Amendment to Section 8: Infrastructure Standards Roadways(Sec. 8.2): Four new roadway profiles which are different from the City's standard roadway profiles are proposed. The new profiles include the following: • ❑ 78 foot Boulevard with two 24.5 feet sections of pavement separated by a 6 foot median. • ❑ 68 foot Boulevard with two 19.5 foot sections of pavement separated by a 6 foot median. • ❑ 60 foot Boulevard with two 14 foot paved drive isles and a 14 foot decorative paved turn lane. • ❑ 44 foot Minor Local Street with a 24 foot paved drive isle and 8 foot paved parallel parking isle. All proposed roadway profiles have been reviewed and approved by Public Works, Engineering and Fire. Parking Requirements (Sec. 8.8): In addition to the two garage and two driveway parking spaces required, an additional 0.5 space of parking is required per garden home. This extra parking can be satisfied by designated parallel parking areas, parking courts, or parking spaces in multi- dwelling private courts. Amendments to Section 9: Community and Public Amenity Standards Entry Features (Sec. 9.2. 1): This change allows for entry features on both sides of any entry into the development or into individual neighborhoods throughout the project. Public Screening and Landscaping (Sec. 9.2.3 ): This provision requires the Developer to provide a "Common Area" where all required public screening will be located. Land Use Transition Areas (Sec. 9.2.13 ): This provision encourages four -sided architecture and buildings, where commercial development is adjacent to a residential use. The amount of required screening varies based on the amount of windows and doors that are located on the wall facing the residential use. The greater the percentage of windows and doors the lower the required wall height. This is intended to promote walkability and interconnectedness for a mixed use neighborhood. Si ng�ge (Sec. 9.5): This provision adds a Real Estate sign category for commercial, multi- family, and attached residential. The sign is temporary with a maximum height of 10 feet and face area of 50 feet. Additionally no lighted sign shall be erected or displayed within 150 feet of the property line of a property designated as DSFR(1), DSFR(2), or DSFR(3) unless the lighting is shielded from view. The maximum area of a wall sign has been increased to 15% of fagade area or 300 square feet, whichever is less. C THC nnornTM nn nFT100011 ❑ -Iouuu u Amendments to Section 12: Land Use Allocations Garden Home (Sec. 12.2.1.1.4 ): This section introduces the concept of Garden Homes organized into Multi- Dwelling Private Courts. Each court is a pod of four or less individual dwellings, serviced by a 22 to 28 foot wide private drive that is no longer than 120 feet. The private drive will include a fire lane and signage to designate no parking along the fire lane. Additional parking spaces may be included at the end of the private drive to serve the Multi- Dwelling Private Court. Attached Residential (Sec. 12.2.1.1.5). Attached residential dwellings are proposed as being vertically separated from one another with no more than four dwelling units per building. Amendments to Section 13: Architectural Standards Standards : Module II (Sec. 13.2 ): No accessory buildings will be permitted in any area developed as Garden Home. All commercial buildings shall have a front fagade that is at least 50% masonry and all other fagades shall be at least 25% masonry. Outside Patio, Dining Areas, and Common Areas (Commercial) (Sec. 13.2.4.1 ): Outside patios and dining areas area permitted in areas designated for commercial development. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on February 12, 2014 and offered a recommendation of approval. Staff recommends approval of the amendment request based on the compliance with the Comprehensive Land Use Plan and consistency with the existing PDD - Master Plan adopted with Ordinance 12 -S -16. o W 1 Ordinance No. 14 -S -08 ORDINANCE NO. 14 -5 -08 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 545.74± ACRES OF LAND AMENDING THE CROSSVINE PLANNED DEVELOMENT DISTRICT (PDD), GENERALLY FOR MIXED USE DEVELOPMENT. THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS A PORTION OF THE JULIAN DIAZ SURVEY NO. 66, ABSTRACT NO. 187, AND ALSO A PORTION OF THE E.R. EVANS SURVEY NO. 80, ABSTRACT NO. 216, COUNTY BLOCK 5060, AND ALSO A PORTION OF THE GERONIMO LEAL SURVEY NO. 79, ABSTRACT NO. 424, CITY OF SCHERTZ, BEXAR COUNTY, TEXAS AND LOCATED GENERALLY LOCATED WEST OF FM 1518 AND LOWER SEGUIN ROAD; PROVIDING A REVERSIONARY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The property owner is requesting to rezone and amend the Crossvine Planned Development District which is approximately 545.74± 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 December 18, 2013 the Planning and Zoning Commission conducted a public hearing to receive public comment; and WHEREAS, on January 8, 2014 the Planning and Zoning Commission conducted a public hearing to receive public comment; and WHEREAS, on February 12, 2014 the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval; and WHEREAS; on March 4, 2014, 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 5 below, the Property as shown in Exhibit A and B is hereby zoned Planned Development District (PDD) known as The Crossvine Subdivision. a. ❑ An approximately 82.80 acres of land, being all of an 13.669 acres of land, a 34.007 acre tract of land and a 35.182 acre tract of land out of the Jeronimo Leal Survey No. 79, Abstract No. 424 in Bexar County, Texas to be rezoned from General Business (GB) and Residential Agriculture (RA) and Planned Development District (PDD) to Planned Development District (PDD). (Exhibit B -1) b. ❑An approximately 1.501 acres of land out of the Julian Diaz Survey No. 66, Abstract 187, Bexar County Texas to be rezoned from Residential Agriculture (RA) to Planned Development District (PDD). (Exhibit B -2) c. ❑ An approximately 39.489 acres of land out of the Jeronimo Leal Survey No. 79, Abstract No. 424, Bexar County, Texas to be rezoned from General Business (GB) and Residential Agriculture (RA) to Planned Development District (PDD). (Exhibit B -3) d. El An approximately 421.63 acres of land out of the Julian Diaz Survey No. 66, Abstract 187, Bexar County Texas to be rezoned from Planned Development District (PDD) to Planned Development District (PDD). (Exhibit B -4) e. ❑ An approximately 0.3067 acres of land out of the 145.427 acres, City of Schertz, Bexar County Texas to be rezoned from Planned Development District (PDD) to Planned Development District (PDD). (Exhibit B -5) Section 2. The property is hereby zoned Planned Development District (PDD) and will develop in accordance with the Design Standards as shown in Ordinance 12 -S -01; Ordinance 12- 5 -16 and Exhibit C. Section 3. 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 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. 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. Section 10. 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 11. 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 4th day of March 2014. PASSED, APPROVED AND ADOPTED on final reading the 1 lt" day of March, 2014. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A "The Property" See Attached Exhibit B "The Property" Metes and Bounds See Attached Exhibit C The Crossvine PDD - Second Amendment Design Criteria See Attached Exhibit B -1 EFW SURVEVING FIELD NOTES FOR 82.80 ACRES A 82.80 acre tract of land, being all of a 13.669 acre tract of land as conveyed to Schertz 1518, LTD, a Texas limited partnership of record in Volume 15542 Page 551, a 34.007 acre tract of land as conveyed to Schertz 1518, LTD, a "Texas limited partnership of record in Volume 11492 Page 57 and a 35.182 acre tract of land as conveyed to Schertz 1518, LTD, a Texas limited partnership of record in Volume 11492 Page 69 all being of the Official Public Records of Bexar County, Texas and being out of the Jeronimo Leal Survey No. 79, Abstract No. 424 in Bexar County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a found Texas Department of Transportation Concrete Monument Type 2 in the southwest right -of -way of F.M. 1518, a variable Nvidlh right-of-way, and in a northeast line of the 125.0 acre tract and for the northeast corner of a 1.00 acre tract of land conveyed to Ruby J. Isaacks Newman of record in Volume 6505 Page 630 of the Deed Records of Bexar County, Texas and for a easterly southeast corner of the 13.52 acre tract and the tract described herein; THENCE: S 59 °37'43" W along and with the north line of the 1.00 acre tract and a south line of the 13.52 acre tract, a distance of 143.14 feet to a found iron pipe for the northwest corner of the 1.00 acre tract and an interior corner of the 13.52 acre tract and the tract described herein; THENCE: S 10 °11' 17" E along and with the west line of the 1.00 acre tract and an east line of the 13.52 acre tract, a distance of 334,32 feet to a set 1/2" iron rod with Blue Plastic Cap Stamped "KFW Surveying" in the northwest riglit -of -way line of Lower Seguin Road, a variable widtli right -of- way, for the southwest corner of the 1.00 acre tract and the southerly southeast corner of the 13.52 acre tract and the tract described herein; THENCE: along and with the northwest right -of -way line of the Lower Seguin Road and the southeast line of the 13.52 acre tract and 35.182 acre tract the following calls and distances: S 60 008'45" W, a distance of 1045.35 feet to a set 1/2" iron rod with Blue Plastic Cap Stamped "KFW Surveying" for the southeast cornier of the 35.182 acre tract and for the southwest corner of the 13.52 acre tract and the tract described herein, 2. S 60 008'36" W, a distance of 24.70 feet to a found Texas Department of Transportation Concrete Monument Type 1, for an angle point, and 3. S 59'07'14" W, a distance of 800.04 feet to a found Texas Department of Transportation Concrete Monument Type l for the southwest corner of the 35.182 acre tract and for the southwest corner the tract described herein; THENCE: N 30 °16'36" W along and with a southwest line of the 35.182 acre tract and the northeast line of a 4.494 acre tract of record in Volume 11946 Page 2467, a 1.537 acre tract of record in Volume 3162 Page 937, a 1.04 acre tract, also called parcel 3, and a 1.04 acre tract, also called parcel 2, of record in Volume 8830 Page 1933 all being of the Official Public Records of Bexar County, Texas and tracts 20 thru 18, the remaining portions of tract 17 and 16 of record in Volume 6800 Pages 47 -50 of the Windy Acres Subdivision of the Deed and Plat Records of Bexar County, Texas, a distance of 1874.89 feet to a set 1/2" iron rod with Blue Plastic Cap Stamped "KFVi7 Surveying" for the soutliNvest corner of a 25.62 acre tract of record in Volume 6105 Page 506 of the Official Public Records of Bexar County, 14603 Huebner Rd. 131da. 40, San Antonio, Texas 78230 0 Phone: (210) 979 -8444 • Fax: (210) 979 -8441 0 www.kfwenc)ineers.coni Exhibit B -1 Texas and the northwest corner of (lie 35.182 acre tract, for the northwest corner of the tract described herein; THENCE: N 59'48'14" E along and with a southeast line of the 25.62 acre tract and the northeast line of the 35.182 acre tract, a distance of 814.44 feet to a set 1/2" iron rod with Blue Plastic Cap Stamped "KFW Surveying" for the northwest corner ofa 6.00 acre tract of record in Volume 14786 Page 1862 of the Official Public Records of Bexar County, Texas and the northeast corner of the 35.182 acre tract, for the northeasterly corner of the tract described herein; THENCE: S 30 035'24" E along and with a southwest line of the 6.00 acre tract and the northeast line of the 35.182 acre tract, a distance of 351.18 feet to a found 1/2" iron rod with cap stamped "BLS 2024" for the southwest corner of a 6.00 acre tract and the northwest corner of the 34.007 acre tract, for an interior corner of the tract described herein; THENCE: N 59 143'27" E along and with the southwest line of the 6.00 acre tract and continuing along the southwest line of the remaining portion of a 6.00 acre U•act of record in Volume 10454 Page 2118 of the Official Public Records of Bexar County, Texas and the northwest line of the 34.007 acre tract, a distance of 1482.30 feet to a found 1/2" iron rod on the southwest right-of-way line of F.M. 1518 for the southeast corner of remaining portion of a 6.00 acre tract and the northeast corner of the 34.007 acre tract, for the northeast corner of the tract described herein; THENCE: along and with a southwest right -of -way line of F.M. 1518 and the northeast line of the 34.007 acre tract and the 13.52 acre tract, the following calls and distances: 1. S 30 °07'55" E, a distance of 250.24 feet to a found 1/2" iron rod for an angle point, and 2. with a curve to the riglit leaving a radius of 2825.00 feet, an arc of 977.41 feet, a delta of 19 °49'24 ", and a cliord bears S 20 °12'26" E, a distance of 972.54 feet to the POINT OF BEGINNING and containing 82.80 acres, or 3,606,955 square feet more or less, in the City of Scliertz, Bexar County, Texas and being described in accordance with an exhibit prepared by KFW Surveying. .fob No.: 12 -028 Prepared by: KFW Surveying Date: February 27, 2013 File: S: \Draw 2012 \12 -028 Sedona Trai1s \D0CS \82.80 14603 Huebner Rd. Bldg. 40, San Antonio, Texas 78230 0 Phone: (210) 979 -8444 0 Fax: (210) 979 -8441 • wwwMwengineers.com Exhibit m2 Exhibit B -3 EX ADDITIONAL TRACT 3: 34.68 ACRES + 6.0 ACRES - 1.191 ACRES: 39.489 ACRES Johnson Surveying, Inc. Registered Professional Land Surve}7or METES AND BOUNDS DESCRIPTION TRACT 1 34.689 ACRES OF LAND OUT OF THE JERONIMO LEAL SURVEY 79, ABSTRACT 424, COUNTY BLOCK 5058, BEXAR COUNTY, TEXAS, AND BEING OUT OF A 45.68 ACRE TRACT OF LAND DESCRIBED IN DEED RECORDED IN VOLUME 13319, PAGE 2202, REAL PROPERTY RECORDS, BEXAR COUNTY, TEXAS; SAID 34.689 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A TXDOT DISC FOUND ON THE SOUTH RIGHT -OF -WAY LINE OF LOWER SEGUIN ROAD MARKING THE NORTHWEST CORNER OF SAID 45.68 ACRE TRACT; THENCE NORTH 62 DEGREES 34 MINUTES 01 SECONDS EAST 18.13 FEET ALONG THE SOUTH RIGHT -OF -WAY LINE OF LOWER SEGUIN ROAD TO A 1/2" IRON ROD FOUND WITH CAP MARKED "3959 "; THENCE CONTINUING ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF LOWER SEGUIN ROAD AND ALONG A CURVE TO THE RIGHT HAVING THE FOLLOWING PARAMETER: RADIUS= 686.78 FEET, ARC LENGTH= 600.09 FEET, CHORD BEARING= NORTH 85 DEGREES, 14 MINUTES, 26 SECONDS EAST AND CHORD LENGTH= 581.18 FEET TO 1/2" IRON ROD FOUND; THENCE SOUTH 71 DEGREES 08 MINUTES 03 SECONDS EAST 15.35 FEET CONTINUING ALONG THE SOUTH RIGHT -OF -WAY LINE OF LOWER SEGUIN ROAD TO A 1/2" IRON ROD SET WITH CAP MARKED "RPLS 5578 "; THENCE CONTINUING ALONG THE SOUTH RIGHT -OF -WAY LINE OF LOWER SEGUIN ROAD AND ALONG A CURVE TO THE LEFT HAVING THE FOLLOWING PARAMETERS: RADIUS= 603.70 FEET, ARC LENGTH= 31.18 FEET, CHORD BEARING= SOUTH 70 DEGREES 44 MINUTES 12 SECONDS EAST AND CHORD LENGTH= 31.18 FEET TO A 1/2" IRON ROD FOUND MARKING THE NORTHEAST CORNER OF SAID 45.68 ACRE TRACT AND THIS TRACT; THENCE SOUTH 29 DEGREES 56 MINUTES 57 SECONDS EAST 1916.54 FEET ALONG THE EAST LINE OF SAID 45.68 ACRE TRACT TO A 1/2" IRON ROD FOUND MARKING THE MOST EASTERLY CORNER OF THIS TRACT; THENCE SOUTH 59 DEGREES 32 MINUTES 16 SECONDS WEST 841.28 FEET CROSSING SAID 45.68 ACRE TRACT TO A 1/2" IRON ROD FOUND ON THE WEST LINE OF SAID 45.68 ACRE TRACT MARKING THE MOST SOUTHERLY CORNER OF THIS TRACT; THENCE NORTH 23 DEGREES 03 MINUTES 32 SECONDS WEST 2223.45 FEET ALONG THE WEST LINE OF SAID 45.68 ACRE TO TIJE POINT OF BEGINNING AND CONTAINING 34.689 ACRES OF LAND. Joel Christian Johnson, R.P.L.S. / / —Z Date Basis of Bearings: Texas State Plane Coordinate System – South Central Zone (NAD 83) (CORS) A survey drawing was prepared this date to accompany this Description Job No.: 670 - 001 -000 17890 Blunco Rd., Bldg. 3, Suite 306. San Antonio, TX 78232 • (210) 858 -9838 • (210) 247 -6138 fax Exhibit B -3 Johnson Surveying, Inc. Registered Professional Land Surveyor METES AND BOUNDS DESCRIPTION TRACT 2 6.000 ACRES OF LAND OUT OF THE JERONIMO LEAL SURVEY 79, ABSTRACT 424, COUNTY BLOCK 5058, BEXAR COUNTY, TEXAS, AND BEING OUT OF A 45.68 ACRE TRACT OF LAND DESCRIBED IN DEED RECORDED IN VOLUME 13319, PAGE 2202, REAL PROPERTY RECORDS, BEXAR COUNTY, TEXAS, AND BEING A PORTION OF A CALLED 6.000 ACRE TRACT AS DESCRIBED IN DEED RECORDED IN VOLUME 11185, PAGE 1820, REAL PROPERTY RECORDS, BEXAR COUNTY, RECORDS, AND A PORTION OF A CALLED 5.000 ACRE TRACT AS DESCRIBED IN DEED RECORDED IN VOLUME 11185, PAGE 1823, REAL PROPERTY RECORDS, BEXAR COUNTY, TEXAS. SAID 6.000 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A TXDOT DISC FOUND ON THE SOUTH RIGHT -OF -WAY LINE OF LOWER SEGUIN ROAD MARKING THE NORTHWEST CORNER OF SAID 45.68 ACRE TRACT; THENCE SOUTH 23 DEGREES 03 MINUTES 32 SECONDS EAST 2223.45 FEET ALONG THE WEST LINE OF SAID 45.68 ACRE TRACT TO A 1/2" IRON ROD FOUND THENCE NORTH 59 DEGREES 32 MINUTES 16 SECONDS EAST 364.93 FEET CROSSING SAID 45.68 ACRE TRACT TO A 1/2" IRON ROD SET WITH CAP MARKED "5578" SET FOR THE POINT OF BEGINNING OF THIS TRACT; THENCE NORTH 59 DEGREES 32 MINUTES 16 SECONDS EAST 476.35 FEET CROSSING SAID 45.68 ACRE TRACT TO A 1/2" IRON ROD FOUND ON THE EAST LINE OF SAID 45.68 ACRE TRACT; THENCE SOUTH 29 DEGREES 59 MINUTES 04 SECONDS EAST 548.78 FEET ALONG THE EASTERLY LINE OF SAID 45.68 ACRE TRACT TO A 1/2" IRON ROD FOUND MARKING THE MOST EASTERLY CORNER OF THIS TRACT; THENCE SOUTH 59 DEGREES 33 MINUTES 42 SECONDS WEST 385.16 FEET TO A 1/211 IRON ROD FOUND WITH CAP MARKED "4350" MARKING THE MOST EASTERLY CORNER OF SAID 5.000 ACRE TRACT; THENCE SOUTH 59 DEGREES 32 MINUTES 07 SECONDS WEST 91.19 FEET TO A 1/2" IRON ROD SET WITH CAP MARKED "5578" MARKING THE MOST SOUTHERLY CORNER OF THIS TRACT; THENCE NORTH 29 DEGREES 59 MINUTES 04 SECONDS WEST 548.62 FEET TO THE POINT OF BEGINNING AND CONTAI G 6 000 ACRES OF LAND. Joel Chris n nson, R.P.L.S. ' Date i ,�P.•�G� S rf .�•NNN•NMI )a. CHRISTIAN •�.NNN•NNI 5578 ; ESSk( o' SUF Basis of Bearings: Texas State Plane Coordinate System — South Central Zone (NAD 83) (CORS) A survey drawing was prepared this date to accompany this Description Job No.: 670 - 001 -000 17890 Blanco Rd, Blc�g. 3, Suite 306. Sun Antonio, TV 78232 • (210) 858 -9838 • (210) 24 7-6138 f a Exhibit B -3 LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY WHICH IS LOCATED IN THE APZ 1 ZONE OF THE AICUZ STUDY: Johnson surveying, Inc. Registered Professional Land Surveyor METES AND BOUNDS DESCRIPTION "APZ 1 ZONE PORTION OF PROPERTY - AICUZ STUDY" 1.191 ACRES OF LAND OUT OF THE JERONIMO LEAL SURVEY 79, ABSTRACT 424, COUNTY BLOCK 5058, BEXAR COUNTY, TEXAS, AND BEING A PORTION OF A 34.689 ACRE TRACT OF LAND DESCRIBED IN DEED RECORDED IN VOLUME 16469, PAGE 2035, REAL PROPERTY RECORDS, BEXAR COUNTY, TEXAS; SAID 1.191 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A W IRON ROD FOUND MARKING THE MOST SOUTHERLY CORNER OF SAID 34.689 ACRE TRACT OF LAND, AND SAID ROD BEARING SOUTH 23 DEGREES 03 MINUTES 32 SECONDS EAST 2223.45 FEET FROM A TXDOT DISC FOUND ON THE SOUTH RIGHT -OF -WAY LINE OF LOWER SEGUIN ROAD MARKING THE NORTHWEST CORNER OF SAID 34.689 ACRE TRACT; THENCE NORTH 23 DEGREES 03 MINUTES 32 SECONDS WEST 933.94 FEET ALONG THE WEST LINE OF SAID ACRE 34.689 ACRE TRACT TO A POINT; THENCE SOUTH 29 DEGREES 56 MINUTES 57 SECONDS EAST 926.19 FEET TO A POINT ON THE SOUTH LINE OF SAID 34.689 ACRE TRACT MARKING THE MOST EASTERLY CORNER OF THIS TRACT; THENCE SOUTH 59 DEGREES 32 MINUTES 16 SECONDS WEST 112.05 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.191 AC S OF LAND. Joel Christi Johns , R.P.L.S. O /A9/Zoi�/ Date Basis of Bearings: Texas State Plane Coordinate System — South Central Zone (NAD 83) (CORS) Job No.: 670 - 001 -001 17890 Blanco Rd, Bldg. 3, Sure 306, San Antonio, TV 78232 . (210) 858 -9838. (210) 247- 6138,Jax • Firm Reg. 410140500 Exhibit B -4 liEw SURVEYING A 421.63 ACRES A 421.63 acres tract of land, out of the Julian Diaz Survey No. 66, Abstract No. 187, County Block 5059, and being out of a 100.966 acre tract of land as conveyed to Schertz 1518, LTD of record in Volurne 11465 Page 348, out of a 122.533 acre tract of land as conveyed to Schertz 1518, LTD of record in Volume 11918 Page 1926, out of the remainder of a 145.427 acre tract of land as conveyed to Schertz 1518, LTD of record in Volume 11492 Page 63, out of a 91.288 acre tract of land as conveyed to Schertz 1518, LTD of record in Volurne 11601 Page 2280, out of a 13.10 acre tract of land as conveyed to City of Schertz of record in Volume 14332 Page 1215, of the Official Public Records of Bexar County, Texas and a portion of Sedona Unit 1, a subdivision plat of record in Volume 9583 Page73 of the Deed and Plat Records of Bexar County, Texas and situated in the City of Schertz, Bexar County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a found W iron rod with "DMC" Cap in the southeast right -of -way line of Lower Seguin Road, a variable width right -of -way, where it intersects with the southwest right -of -way line of Trainer Hale Road and for the northerly corner of Lot 2, Block 7 of the Sedona Unit No. 1, a subdivision of record in Volurne 9583 Pages 73 — 78 of the Deed and Plat Records of Bexar County, Texas and for the northerly corner of the tract described herein; THENCE: S 30 017'27" E with the northeast line of Lot 2, Block 7 and the southwest line of Trainer Hale Road, at a distance of 380.31 feet passing the northeast corner of Lot 2, Block 7 and the northerly corner of reminder of the 100.966 acre tract of land conveyed to Schertz 1518, LTD and continuing for a total distance of 790.61 feet to a set W iron rod with Blue Plastic Cap Stamped "KFW SURVEYING" in the southwest right -of -way line of F.M. 1518, a variable width right -of -way for an angle point; THENCE: with the southwest right -of -way line of F.M. 1518 and the northeast line of the 100.966 acre tract and a northeast line of the 122.533 acre tract of land conveyed to Schertz 1518, LTD, the following calls and distances: 1. S 230 25' 58" E, a distance of 118.77 feet to a found 1/2" iron rod for an angle point, 2. S 30° 40' 34" E, a distance of 170.90 feet to a found 1/2" iron rod for an angle point, 3. S 28° 01' 49" E, a distance of 165.75 feet to a found 1/2" iron rod with "CEC" Cap for an angle point, 4. S 34° 44'40" E, a distance of 186.60 feet to a found 1/2" iron rod for an angle point, and 5. S 30° 21' 25" E, a distance of 547.35 feet to a found %" iron rod with "DMC" Cap for an angle point, 6. S 60° 07' 59" W, a distance of 20.00 feet to a found %2" iron rod for an angle point, 7. S 30° 21' 25" E, a distance of 326.07 feet to a found %" iron rod with "DMC" cap for an angle point, 8. N 600 07' 59" E, a distance of 20.00 feet to a found'/" iron rod with "DMC" Cap for an angle point, and 14603 Huebner Rd. Bldg, 40 San Antonio, TX 78230 0 Phone: (210) 979 -8444 0 Fax: (210) 979 -8441 0 www.kfwengineers.coni Exhibit B -4 9. S 30° 21' 25" E, a distance of 2033.33 feet to a found set 1/2" iron rod for an east corner of the 122.533 acre tract and a northerly corner of a 1.5 acre tract of land conveyed to Bill R. and Mary Freeman of record in Volurne 9485 Page 534 of the Official Public Records of Bexar County, Texas and for an easterly corner of the tract described herein, THENCE: with the northwest, southwest and southeast lines of the 1.5 acre tract and with a southeast, northeast and a northwest line of the 122.533 acre tract, the following calls and distances: 1. S 59° 48' 51" W, a distance of 192.51 feet to a found 1/2" iron rod for an interior corner, 2. S 300 24' 03" E, a distance of 340.24 feet to found 1/2" iron rod for an interior corner, and 3. N 59° 43' 17" E, a distance of 192.24 feet to a found 1/2" iron rod in the southwest right -of- way line of FM 1518, for an east corner of the tract described herein, THENCE: S 30° 21' 19" E with the southwest right -of -way line of FM 1518 and an easterly line of the 122.533 acre tract, a distance of 307.17 feet to a found %' iron rod with "Vickery" Cap for the southeast comer of the 122.533 acre tract and an easterly corner of the tract described herein; THENCE: with the a southeast line of the 122.533 acre tract and the northwest, southwest and southeast lines of Lot 1, Block 1 Washington, Tyrannus School of the Arts, a subdivision of record in volume 9616 Page 24 of the Deed and Plat Records of Bexar County, Texas and a northeast and a northwest line of the 145.427 acre tract, the following calls and distances: 1. S 59° 37' 09" W, at a distance of 20.00 feet passing the north corner of Lot 1, Block 1 and continuing for a total distance of 1089.48 feet to a found PK Nail for the west corner of Lot 1, Block 1, in the northeast line of the 145.427 acre tract, a south corner of the 122.533 acre tract and an interior corner of the tract described herein; 2. S 30° 11' 00" E, a distance of 1062.20 feet to a found 1/2" iron rod for the south corner of Lot 1, Block 1, an interior corner of the 145.427 acre tract and the tract described herein, and 3. N 60° 03' 29" E, at a distance of 1072.71 feet passing the east corner of Lot 1, Block 1 and continuing for a total distance of 1092.71 feet to a found iron pipe in the southwest right -of- way line of FM 1518 for the northeast corner of the 145.427 acre tract and an easterly corner of the tract described herein; THENCE: S 30° 21' 21" E with the southwest right -of -way line of FM 1518 and a northeast line of the 145.427 acre tract, a distance of 363.82 feet to a set 1/2" iron rod with Blue Plastic Cap Stamped "KFW Surveying" for an easterly corner; THENCE: with the southwest right -of -way line of FM 1518, into and across the 145.427 acre tract and with a northeast line of Lot 1, Block 1, Sedona Lift Station Subdivision of record in Volume 9611 Page 168 of the Deed and Plat Records of Bexar County, Texas, the following calls and distances: S 69° 31' 36" W, a distance of 119.34 feet to a set 1/2" iron rod with Blue Plastic Cap Stamped "KFW Surveying" for the northeast corner of Lot 1, Block 1, Sedona Lift Station; 2. S 20° 28' 24" E, a distance of 104.08 feet to a set 1/2" iron rod with Blue Plastic Cap Stamped "KFW Surveying" for a southeast corner of Lot 1, Block 1, Sedona Lift Station, for a point of curvature, 3. with a non - tangent curve to the right, having an arc of 15.16 feet, a radius of 50.00 feet, a delta of 17 022'31 ", and a chord bears S 660 42' 30" E, a distance of 15.10 feet to a set 1/2" 14603 Huebner Rd. Bldg. 40 San Antonio, TX 78230 • Phone: (2.10) 979 -8444 0 Fax: (210) 979 -8441 • www.kfwengineers.coni Exhibit B -4 iron rod with Blue Plastic Cap Stamped "KFW Surveying" for a southeast corner of Lot 1, Block 1, Sedona Lift Station, and 4. N 59° 41' 45" E, at a distance of 126.48 feet to a set 1/2" iron rod with Blue Plastic Cap Stamped "KFW Surveying" in the northeast line of the 145.427 acre tract for an easterly corner of the tract described herein; THENCE: S 30° 21' 21" E with the southwest right -of -way line of FM 1518 and a northeast line of the 145.427 acre tract, a distance of 1281.33 feet to a point for the northeast corner of a 10.00 acre tract of land conveyed to Ernestina Navarro of record in VOIUrne 13868 Page 1327 of the Official Public Records of Bexar County, Texas and for the southeast corner of the 145.427 acre tract and the tract described herein; THENCE: S 59° 19' 19" W with the northwest line of the 10.00 acre Navarro tract and a southeast line of the 145.427 acre tract, a distance of 1749.17 feet passing a found %" iron rod for the northwest corner of the 10.00 acre Navarro tract and an angle point in the southeast line of the 145.427 acre tract and the tract described herein; THENCE: S 59° 39' 56" W with the with the northwest line of a 9.968 acre tract, called Exhibit B, conveyed to Jennifer J. and Edward M. Varelans of record in Volume 10054 Page 1692 of the Official Public Records of Bexar County, Texas and continuing with a southeast line of the 145.427 acre tract, a distance of 509.91 feet to a found iron rod in a northeast line of the 91.288 acre tract for the northwest corner of the 9.968 acre Varelans tract and an interior corner of the 145.427 acre tract and the tract described herein; THENCE: S 29° 19' 26" E with the with the southwest line of a 9.968 acre tract and a northeast line of the 91.288 acre tract, a distance of 1598.70 feet to a found %2" iron rod in the northwest right -of- way line of Ware — Seguin Road, a variable width right -of -way and for the southeast corner of the 91.288 acre tract and the most southerly southeast corner of the tract described herein; THENCE: S 57° 50' 51" W with the northwest right -of -way line of Ware — Seguin Road and the southeast line of the 91.288 acre tract and the southeast corner of a 297.520 acre tract of land conveyed to Schertz 1518., LTD of record in Volume 11601 Page 2285 of the Official Public Records of Bexar County, Texas, a distance of 663.33 feet to a set 1/2" iron rod with Blue Plastic Cap Stamped "KFW Surveying" for the southwest corner of the 91.288 acre tract and the tract described herein; THENCE: N 30° 11' 13" W with the southwest line of the 91.288 acre tract and the northeast line of the 297.520 acre tract, a distance of 5701.24 feet to a set 1/2" iron rod with Blue Plastic Cap Stamped "KFW Surveying" in the south line of a 2.656 acre tract of land conveyed to Archie L. and Sharon L. Haley of record in Volume 7928 Page 563 of the Official Public Records of Bexar County, Texas and for a northeast corner of the 297.520 acre tract and the northwest corner of the 91.288 acre tract and southwest corner of the 91.288 acre tract and the tract described herein, from which a found 1/2" iron rod for the southwest corner of the 2.656 acre tract bears S 59° 37' 07" W, a distance of 96.70 feet; THENCE: N 590 37' 07" E with the south line of the 2.656 acre tract and the north line of the 91.288 acre tract, a distance of 221.28 feet to a found 1/2" iron rod for the southeast corner of the 2.656 acre tract and a corner of the remainder of a 171.0082 acre tract of land conveyed to Alvin Lee and Aileen Greaves of record in Volume 4622 Page 497 of the Official Public Records of Bexar County, Texas and an angle point for the tract described herein; THENCE: N 590 48' 02" E continuing with the south line of the 171.0082 acre tract and the north line of the 91.288 acre tract, a distance of 505.45 feet to a found '/" iron rod for the southeast corner of the 171.0082 acre tract, the northeast corner of the 91.288 acre tract and in a southwest line of the 122.533 acre tract and for an interior corner of the tract described herein; 14603 Huebner Rd. Bldg. 40 San Antonio, TX 78230 0 Phone: (210) 979 -8444 0 Fax: (210) 979 -8441 • www Wwengineers.com Exhibit B -4 THENCE: with a southwest line of the 122.533 acre tract and a southwest line of a 13.10 acre tract of land conveyed to City of Schertz of record in Volume 14332 Page 1215 of the Official Public Records of Bexar County, Texas, the following calls and distances: N 29° 46' 26" W, a distance of 949.28 feet to a found %" iron rod with "DMC" cap for the southwest corner of the 13.10 acre tract; 2. N 29° 52' 29" W, a distance of 512.40 feet to a found W iron rod for an interior corner of the 13.10 acre tract and the tract described herein, 3. S 62° 21' 09" W, a distance of 17.36 feet to a found %2' iron rod for a corner of the 13.10 acre tract, and 4. N 29° 48' 06" W, a distance of 440.30 feet to a found %2" iron rod with "DMC" cap for the northwest corner of the 13.10 acre tract, a southwest corner of Block 2, of the Sedona Unit No. 1 subdivision plat and a west corner of the tract described herein; THENCE: N 60° 11' 57" E with a southeast line of Block 2, of the Sedona Unit No. 1 subdivision plat and the northwest line of the 13.10 acre tract, a distance of 594.82 feet to a found '/" iron rod with "DMC" cap for the northeast corner of the 13.10 acre tract and an interior corner of the tract described herein; THENCE: S 29° 48' 54" E with a southwest line of Block 2, of the Sedona Unit No. 1 subdivision plat and the northeast line of the 13.10 acre tract, a distance of 356.14 feet to a set 1/2" iron rod with Blue Plastic Cap Stamped "KFW Surveying" for the southwesterly corner of Block 2 and for an interior corner of the tract described herein; THENCE: into and across the Sedona Unit No. 1 subdivision plat the following calls and distances: 1. N 60° 11' 06" E, a distance of 266.54 feet to a found'/" iron rod with "DMC" cap for a point of curvature; 2. with a curve to the left, having an arc of 5.03 feet, a radius of 5.00 feet, a delta of 570 37' 56 ", and a chord bears N 31° 41' 53" E, a distance of 4.82 feet to a set 1/2" iron rod with Blue Plastic Cap Stamped "KFW Surveying" for a point of reverse curve, 3. with a curve to the right, having an arc of 25.48 feet, a radius of 95.00 feet, a delta of 150 21' 54 ", and a chord bears N 13° 15' 22" E, a distance of 25.40 feet to a found '/2" iron rod with "DMC" cap for a point of reverse curve, 4. with a curve to the left, having an arc of 4.17 feet, a radius of 5.00 feet, a delta of 470 46' 56 ", and a chord bears N 04° 15' 36" W, a distance of 4.05 feet to a found %" iron rod with "DMC" cap for the end curve, 5. N 290 48' 17" W, a distance of 1931.42 feet to a set 1/2" iron rod with Blue Plastic Cap Stamped "KFW Surveying" for an interior corner of the tract described herein; 6. S 60° 11' 35" W, a distance of 290.00 feet to a set 1/2" iron rod with Blue Plastic Cap Stamped "KFW Surveying" for a westerly corner of the tract described herein;, and 7. N 29° 48' 25" W, a distance of 224.64 feet to a set 1/2" iron rod with Blue Plastic Cap Stamped "KFW Surveying" for the northwest corner of the tract described herein; THENCE: the southeast right -of -way line of Lower Seguin Road and with the north and northwest Sedona Unit No. 1 subdivision plat the following calls and distances: 14603 Huebner Rd. Bldg. 40 San Antonio, TX 78230 0 Phone: (210) 979 -8444 0 Fax: (210) 979 -8441 • wwwAlwengineers.com Exhibit B -4 1. N 59° 33' 06" E, a distance of 299.94 feet to a set 1/2" iron rod with Blue Plastic Cap Stamped "KFW Surveying" for an interior corner; 2. N 30° 26' 54" W, a distance of 8.00 feet to a found "X" in concrete for a corner; 3. N 590 33' 06" E, a distance of 96.07 feet to a found "X" in concrete for a corner; 4. S 30° 26' 54" E, a distance of 8.00 feet to a found %" iron rod with "DMC" cap for an interior corner; 5. N 59° 33' 06" E, a distance of 1204.83 feet to the POINT OF BEGINNING and containing 421.63 acres or 18,366,150 square feet more or less, in the City of Schertz, Bexar County, Texas. SAVE AND EXCEPT all of 2.739 acre tract of land, being a 32 foot sanitary sewer, electric and access easement conveyed to City of Schertz, Texas of record in Volume 14332, Page 1204 of Official Public Records of Real Property Record, Bexar County, Texas. Subject to two (2) 30 foot Koch Pipeline Easements of record in Volume 4661, Page 826 and a Humble Pipeline Easement of record in Volume 4725, Page 616 both of the Official Public Records of Real Property Record, Bexar County, Texas. Job No.: Prepared by Date: Revised: Revised: File: 12 -028 KFW Surveying August 7, 2012 August 9, 2012 March 6, 2013 S:1Draw 2012112 -028 Sedona Trailsldocl FN 421.63 ACREStdoc 14603 Huebner Rd. Bldg. 40 San Antonio, TX 78230 0 Phone: (210) 979 -8444 0 Fax: (210) 979.8441 ® wwwMwengineers.com 2 W q F`9 r er- 0% ( -7 . . ... . . T al, L FT �N/r ViCTRITY �1'17 0 rl 8 U P� T j �k I k I, F N 0 1 I'll NZ li OF A A=ACRE TRACT CO-FIF aF A 14-5.4717-ACRE 7fR-AO7@ FJOVA% E D PN T HE CFF`of' OF eEXN OUV7" Bly WS-Y-cafe 03,362 'vqjzr "a-al') trrect al 'am''tod F-9 Uw2 City '" Sam, cDrily, Tkexw U. twNg 00 ST thnt Malin 141SA27-sem tmeck' conve-yFd h c 5 1 Z, t-i d . 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Tr,�g R r ��� i ,. y� find" qs € ap; V1 39- IC106 3`.i " ozone: The Crossvine PDD Second Amendment The Sedona Trails PDD was approved by the Planning and Zoning Commission and the City Council of Schertz, Texas on January 24, 2012 (the " Sedona Trails PDD ") by Ordinance 12 -5 -01. The history and prior iterations of the Sedona Trails PDD are more specifically detailed and set forth in the preamble to the Sedona Trails PDD which was approved on January 24, 2012. The Sedona Trails PDD was subsequently amended by Ordinance 12 -S -16 on August 21, 2012 (the "First Amendment ") and renamed The Crossvine PDD along with detailing and defining certain items referenced in the Sedona Trails PDD which were unresolved and primarily focusing on Community and Public Amenity Standards, Architectural Design Standards for single - family residences, and related matters of clarification (collectively, the Sedona Trails PDD and the First Amendment are hereinafter referred to as "The Crossvine PDD "). As contemplated in The Crossvine PDD, this Amendment (the "Second Amendment ") is the continuation of the definition of the Overall Conceptual Master Plan and is primarily focused on Module II. For the purposes of this Second Amendment, defined terms set forth in The Crossvine PDD are hereby incorporated by reference and included herein and reference shall be made to The Crossvine PDD for specific elements which are not specifically defined or otherwise set forth herein. The Crossvine PDD remains in full force and effect with the exception of the matters addressed herein which shall be considered to be amendments to The Crossvine PDD. Elements, requirements, and conditions set forth in The Crossvine PDD shall be deemed to apply to those portions of the Property addressed by this Second Amendment unless specifically excluded, changed, or modified. Similarly, nothing in this Second Amendment shall be deemed to modify any elements, requirements, or conditions of The Crossvine PDD unless specifically noted herein. The UDC for the City establishes certain requirements and standards for the development of Planned Development Districts. The version of the UDC (and regulations, fees, etc. associated therewith) applicable to the Project Area shall control all development standards except to the extent modified by this Second Amendment, The Crossvine PDD, or by the original Sedona PUD. Provisions of the UDC shall be interpreted to be consistent with The Crossvine PDD (as amended) and, in the event of any apparent conflict, the UDC shall be deemed amended to give full effect to The Crossvine PDD (as amended). Amendments to The Crossvine PDD Section 2: Legal Description /Metes and Bounds Addition of Property to The Crossvine PDD Project Area The Crossvine PDD Project Area is expanded by this Second Amendment to include three additional tracts of land. Briefly described, the additional included tracts of land (collectively, the "Additional Tracts ") are: A.CA 13.669 acre tract generally located at the SE corner of that portion of Module II located north of Lower Seguin and west of FM 1518 ( "Additional Tract 1 "); and B. DA 1.501 acre tract of land generally located along FM 1518 in Module I ( "Additional Tract 2 "); and C.DA 39.489 acre tract of land generally located west of the Sedona subdivision ( "Additional Tract 3" Legal descriptions for each of the three tracts of land noted above and to be included in The Crossvine PDD pursuant to this Second Amendment are included as Exhibits 1- 3(IIA). In addition, a location map which graphically depicts the location of each of the above referenced tracts is included as Exhibit 4(IIA). Additional Tracts; Zoning and PDD Applicability The zoning for the Additional Tracts and the applicability of The Crossvine PDD to such Additional Tracts shall be: Additional Tract 1: Shall be Commercial as set forth in Section 12.2.1.2.1 of this Second Amendment and shall be incorporated into Module IIA (hereinafter defined). The terms, conditions and requirements associated with Module II shall apply as set forth in The Crossvine PDD, this Amendment, and contemplated subsequent amendments; Additional Tract 2: Shall be incorporated into Module I and the terms, conditions and requirements associated with Module I shall apply as set forth in The Crossvine PDD, this Amendment, and contemplated subsequent amendments; Additional Tract 3: Shall be incorporated into Module I and the terms, conditions and requirements associated with Module I shall apply as set forth in The Crossvine PDD, this Amendment, and contemplated subsequent amendments; provided, however, the development of Garden Homes designated as GH(1) shall also be permitted in Additional Tract 3 as permitted by this Amendment to The Crossvine PDD. Provided, however, as it relates to Additional Tract 2, the current use of such property shall continue to be permitted, including, but not limited to additional improvements, renovations, structures, etc. which are ancillary to the current use of such property. 2/13/14 1 EXHIBIT 1(IIA) ADDITIONAL TRACT 1:13.669 ACRES Legal Description for the 13.669 acre tract generally located at the SE corner of that portion of Module II located north of Lower Seguin and west of FM 1518 (Additional Tract 1): A 13.669 acre tract of land, being all of that 13.52 acre tract of land which is the remaining portion of a 125.0 acre tract of land as recorded in Volume 2257, Page 56, Deed Records of Bexar County, Texas, as conveyed to Conrad J. Hillert, recorded in Volume 1412, Page 627 of the Official Public Records of Bexar County, Texas, and being out of the Jeronimo Leal Survey No. 79, Abstract No. 424, Bexar County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a found Texas Department of Transportation Concrete Monument Type 2 in the southwest right -of -way of F.M. 1518, a variable width right -of -way, and in a northeast line of the 125.0 acre tract and for the northeast corner of a 1.00 acre tract of land conveyed to Ruby J. Isaacks Newman, recorded in Volume 6505, Page 630, Deed Records of Bexar County, Texas, and for an easterly southeast corner of the 13.52 acre tract and the tract described herein; THENCE: S 59° 30' 05" W along and with the north line of the 1.00 acre tract and a south line of the 13.52 acre tract, a distance of 143.14 feet to a found iron pipe for the northwest corner of the 1.00 acre tract and an interior corner of the 13.52 acre tract and the tract described herein; THENCE: S 10° 18' 55" E along and with the west line of the 1.00 acre tract and an east line of the 13.52 acre tract, a distance of 334.32 feet to a set 1/2" iron rod with Blue Plastic Cap stamped "KFW Surveying" in the northwest right -of -way line of Lower Seguin Road, a variable width right -of -way, for the southwest corner of the 1.00 acre tract and the southerly southeast corner of the 13.52 acre tract and the tract described herein; THENCE: S 60° 01' 07" W along and with the northwest right -of -way line of the Lower Seguin Road and the southeast line of the 13.52 acre tract, a distance of 1045.35 feet to a set 1/2" iron rod with Blue Plastic Cap stamped "KFW Surveying" for the southerly southeast corner of a 34.007 acre tract of land conveyed to Schertz 1518 Ltd., recorded in Volume 11492, Page 57 of the Official Public Records of Bexar County, Texas and for the southwest corner of the 13.52 acre tract and the tract described herein; THENCE: N 30° 42'46" W along and with a northeast line of the 34.007 acre tract and a southwest line of the 13.52 acre tract, a distance of 496.11 feet to a found 1/2" iron rod for an interior corner of the 34.007 acre tract and the northwest corner of the 13.52 acre tract and the tract described herein; THENCE: N 59° 39' 08" E along and with a southeast line of the 34.007 acre tract and the northwest line of the 13.52 acre tract, a distance of 1367.10 feet to a set 1/2" iron rod with Blue Plastic Cap stamped "KFW Surveying" in the southwest right -of -way line of F.M. 1518, in a curve to the right, for an easterly southeast corner of the 34.007 acre tract and the northeast corner of the 13.52 acre tract and the tract described herein; THENCE: along and with a southwest right -of -way line of F.M. 1518, with a curve to the right having a radius of 2825.00 feet, an arc of 197.97 feet, a delta of 4 °00'55 ", and a chord bears S 12 °24'44" E, a distance of 197.93 feet to the POINT OF BEGINNING and containing 13.669 acres, or 595,406 square feet more or less, in the City of Schertz, Bexar County, Texas, and being described in accordance with an exhibit prepared by KFW Surveying. EXHIBIT 2(IIA) ADDITIONAL TRACT 2:1.501 Acres LEGAL DESCRIPTION The following described property: Field notes of a 1.501 acre tract of land situated in the City of Schertz, Bexar County, Texas and being out of the Julian Diaz Survey No. 66, Abstract 187, County Block 5059, and being that same 1.5 acre tract conveyed to Bill R. Freeman and Mary Freemen, and described in deed recorded in Volume 9485, Page 534, Official Public Records of Bexar County, Texas, and being more particularly described by metes and bounds as follows: Beginning at a 1/2" iron pin found in the Southwest line of Farm to Market Road 1518 at the cast corner of said 1.5 acre tract and this tract, being a North corner of a 10.00 acre tract described in deed recorded in Volume 11918, Page 1922. Thence S 59 degrees 38' 11" W. 192.11 feet to a 1/2" iron pin found at the South corner of said 1.5 acre tract, being an interior corner of said 10.00 acre tract. Thence N 30 degrees 32' 15" W. 340.03 feet to a 1/2" iron pin found at the West corner of said 1.5 acre tract, being an interior corner of said 10.00 acre tract. Thence N 59 degrees 38' 02" E. 192.42 feet to a 1/2" iron pin found in the Southwest line of Farm to Market Road 1518, being a East corner of said 10.00 acre tract and being the North corner of said 1.5 acre tract and this tract. Thence S 30 degrees 29' 07" E. 340.04 feet along the Southwest line of Farm to Market Road 1518 to the place of beginning and containing 1.501 acres of land according to a survey made on the ground. All 1/2" iron pins set with orange plastic cap "RPLS 4020 ". EXHIBIT 3(IIA) ADDITIONAL TRACT 3: 34.68 ACRES + 6.0 ACRES - 1.191 ACRES: 39.489 ACRES Johnson surveying, Inc. Registered Professional Laud Surveyor METES AND BOUNDS DESCRIPTION 34.689 ACRES OF LAND OUT OF THE JERONIMO LEAL SURVEY 79, ABSTRACT 424, COUNTY BLOCK 5058, BEXAR COUNTY, TEXAS, AND BEING OUT OF A 45.68 ACRE TRACT OF LAND DESCRIBED IN DEED RECORDED IN VOLUME 13319, PAGE 2202, REAL PROPERTY RECORDS, BEXAR COUNTY, TEXAS; SAID 34.689 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A TXDOT DISC FOUND ON THE SOUTH RIGHT -OF -WAY LINE OF LOWER SEGUIN ROAD MARKING THE NORTHWEST CORNER OF SAID 45.68 ACRE TRACT; THENCE NORTH 62 DEGREES 34 MINUTES 01 SECONDS EAST 18.13 FEET ALONG THE SOUTH RIGHT -OF -WAY LINE OF LOWER SEGUIN ROAD TO A 1/2" IRON ROD FOUND WITH CAP MARKED "3959 ", THENCE CONTINUING ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF LOWER SEGUIN ROAD AND ALONG A CURVE TO THE RIGHT HAVING THE FOLLOWING PARAMETER: RADIUS= 686.78 FEET, ARC LENGTH= 600.09 FEET, CHORD BEARING= NORTH 85 DEGREES, 14 MINUTES, 26 SECONDS EAST AND CHORD LENGTH= 581.18 FEET TO 1/2" IRON ROD FOUND, THENCE SOUTH 71 DEGREES 08 MINUTES 03 SECONDS EAST 15.35 FEET CONTINUING ALONG THE SOUTH RIGHT -OF -WAY LINE OF LOWER SEGUIN ROAD TO A 1/2" IRON ROD SET WITH CAP MARKED "RPLS 5578 "; THENCE CONTINUING ALONG THE SOUTH RIGHT -OF -WAY LINE OF LOWER SEGUIN ROAD AND ALONG A CURVE TO THE LEFT HAVING THE FOLLOWING PARAMETERS: RADIUS= 603.70 FEET, ARC LENGTH= 31.18 FEET, CHORD BEARING= SOUTH 70 DEGREES 44 MINUTES 12 SECONDS EAST AND CHORD LENGTH= 31.18 FEET TO A 1/2" IRON ROD FOUND MARKING THE NORTHEAST CORNER OF SAID 45.68 ACRE TRACT AND THIS TRACT; THENCE SOUTH 29 DEGREES 56 MINUTES 57 SECONDS EAST 1916.54 FEET ALONG THE EAST LINE OF SAID 45.68 ACRE TRACT TO A 1/2" IRON ROD FOUND MARKING THE MOST EASTERLY CORNER OF THIS TRACT; THENCE SOUTH 59 DEGREES 32 MINUTES 16 SECONDS WEST 841.28 FEET CROSSING SAID 45.68 ACRE TRACT TO A 1/2" IRON ROD FOUND ON THE WEST LINE OF SAID 45.68 ACRE TRACT MARKING THE MOST SOUTHERLY CORNER OF THIS TRACT, THENCE NORTH 23 DEGREES 03 MINUTES 32 SECONDS WEST 2223.45 FEET ALONG THE WEST LINE OF SAID 45.68 ACRE TO THE POINT OF BEGINNING AND CONTAINING 34.689 ACRES OF LAND. Joel Christian Jofinson, R.P.L.S //— Z /—/-S Date OF Val CEL CHRISTIAN �o� 5578 �►29tiO PESS11 SU4 Basis of Bearings: Texas State Plane Coordinate System — South Central Zone (NAD 83) (CORS) A survey drawing was prepared this date to accompany this Description Job No.: 670 - 001 -000 1.,890 Blanco Rd., Bldg. 3, Suite 306, San Antonio, TX 78232 • (210) 858 -9838 • (210) 247 -6138 fax Johnson Surveying, Inc. Registered Professional Land Surveyor METES AND BOUNDS DESCRIPTION TRACT 2 6.000 ACRES OF LAND OUT OF THE JERONIMO LEAL SURVEY 79, ABSTRACT 424 COUNTY BLOCK 5058, BEXAR COUNTY, TEXAS, AND BEING OUT OF A 45.68 ACRE TRACT OF LAND DESCRIBED IN DEED RECORDED IN VOLUME 13319, PAGE 2202, REAL PROPERTY RECORDS, BEXAR COUNTY, TEXAS, AND BEING A PORTION OF A CALLED 6.000 ACRE TRACT AS DESCRIBED IN DEED RECORDED IN VOLUME 11185, PAGE 1820, REAL PROPERTY RECORDS, BEXAR COUNTY, RECORDS, AND A PORTION OF A CALLED 5.000 ACRE TRACT AS DESCRIBED X SE S SAID 6. 00 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING BEXAR DED RECORDED IN VOLUME COUNTY, TE COMMENCING AT A TXDOT DISC FOUND ON THE SOUTH RIGHT -OF -WAY LINE OF LOWER SEGUIN ROAD MARKING THE NORTHWEST CORNER OF SAID 45.68 ACRE TRACT, THENCE SOUTH 23 DEGREES 03 MINUTES 32 SECONDS EAST 2223.45 FEET ALONG THE WEST LINE OF SAID 45.68 ACRE TRACT TO A 1/2" IRON ROD FOUND THENCE SECONDS CROSSING F E TRACT TO A 1/2" IRON OD SET WITH CAP MARKED "578" SET FOR THE POINT OBEG BEGINNING O THIS TRACT; THENCE DEGREES 32 MINUTES 16 OD FOUND ON THE EAST SECONS EAST 476.35 FEET FOF SAID 45 68 ACRE TRAO TSING SAID 45.68 ACRE TRACT TO A 1/2 IRON THENCE SOUTH 29 DEGREES CT TO A 59 MINUTES 04 SECONDS EAST 548.78 FEET ALONG E OF SAID 45.68 ACRE TRACT IRON ROD FOUND MARKING THE MOST EASTERLY CORNER OF THIS TRACT; THENCE SOUTH 59 DEGREES THE MOST SECONDS SAID 5E0 0 AOCRE TRACT; ON ROD FOUND WITH CAP MARKED "4350 MARKING THENCE SOUTH 59 DEGREES 32 MINUTES 07 Y SECONDS OF THIS TRACT; A 1/2" IRON ROD SET WITH CAP MARKED "5578" MARKING THE MOST SOUTHER THENCE NORTH 29 DEGREES 59 MINUTES 04 SECONDS WEST 548.62 FEET TO THE POINT OF BEGINNING AND CONTAI G 6.000 ACRES OF LAND. Joel Chris, n Jo nson, R.P.L.S. " Date O F" ,�P.•'��,G� S 7E OEL CHRISTIAN nY•••nN•w• < �0 5578 .�.••�OFccc�� SU Basis of Bearings: Texas State Plane Coordinate System — South Central Zone (NAD 83) (CORS) A survey drawing was prepared this date to accompany this Description Job No.: 670 - 001 -000 17890 Blanco Rd., Bldg. 3, Suite 306, San Antonio, TX 78232 • (210) 858 -9838 • (210) 247 -6138 fax LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY WHICH IS LOCATED IN THE APZ 1 ZONE OF THE AICUZ STUDY: Johnson Surveying, Inc. Registered Professional Land Surveyor METES AND BOUNDS DESCRIPTION "APZ 1 ZONE PORTION OF PROPERTY - AICUZ STUDY" 1.191 ACRES OF LAND OUT OF THE JERONIMO LEAL SURVEY 79, ABSTRACT 424, COUNTY BLOCK 5058, BEXAR COUNTY, TEXAS, AND BEING A PORTION OF A 34.689 ACRE TRACT OF LAND DESCRIBED IN DEED RECORDED IN VOLUME 16469, PAGE 2035, REAL PROPERTY RECORDS, BEXAR COUNTY, TEXAS; SAID 1.191 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A'' /z" IRON ROD FOUND MARKING THE MOST SOUTHERLY CORNER OF SAID 34.689 ACRE TRACT OF LAND, AND SAID ROD BEARING SOUTH 23 DEGREES 03 MINUTES 32 SECONDS EAST 2223.45 FEET FROM A TXDOT DISC FOUND ON THE SOUTH RIGHT -OF -WAY LINE OF LOWER SEGUIN ROAD MARKING THE NORTHWEST CORNER OF SAID 34.689 ACRE TRACT; THENCE NORTH 23 DEGREES 03 MINUTES 32 SECONDS WEST 933.94 FEET ALONG THE WEST LINE OF SAID ACRE 34.689 ACRE TRACT TO A POINT, THENCE SOUTH 29 DEGREES 56 MINUTES 57 SECONDS EAST 926.19 FEET TO A POINT ON THE SOUTH LINE OF SAID 34.689 ACRE TRACT MARKING THE MOST EASTERLY CORNER OF THIS TRACT; THENCE SOUTH 59 DEGREES 32 MINUTES 16 SECONDS WEST 112.05 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.191 ACRES OF LAND. Joel Christi Johns , R.P.L.S. O/ /6 Date H N.NNN..NNI CHRISTIAN JOHN MNN.NN..NNI 0 5578 SU Basis of Bearings: Texas State Plane Coordinate System — South Central Zone (NAD 83) (CORS) Job No.: 670 - 001 -001 17890 Blanco Rd.. Bldg. 3, Suile 306, San Antonio, TX 78232 • (210) 858 -9838 • (210) 247 -6138 fax • Firm Reg. #10140500 Amendments to The Crossvine PDD Section 6: Module II and Additional Tracts 6.1 Purpose and Overview Module II has been contemplated to contain higher density residential development as well as commercial uses. Module II is that area located north of Trellis Walk and includes property located on the north side and the south side of Lower Seguin Road. This Second Amendment focuses on (i) that portion of Module II which is located south of Lower Seguin Road and (ii) Additional Tract 1. For ease of reference, this area shall be referred to as Module IIA. 6.2 Conceptual Master Plan- Module IIA (Exhibit 5(IIA)) The included Conceptual Master Plan for Module IIA ( "CIVINIA ") graphically depicts the anticipated development of Module IIA. As noted in The Crossvine PDD, Module IIA provides a variety of higher density residential living options as well as commercial development to provide neighborhood services to The Crossvine and surrounding areas. While reference to the CMP -IIA provides a visual representation of the development uses for Module IIA, the following provides a general description of these anticipated uses. Such uses are subject to the UDC as modified by The Crossvine PDD and this Second Amendment. Garden Home: This area will be comprised of higher density single - family residential development with smaller lot sizes. The proximity to the commercial area fosters a neighborhood feel and its proximate location to the greenbelt areas and open spaces in Module I will encourage the interaction between Module I and Module IIA. Attached Residential: This area will be comprised of attached single - family dwellings with no more than 4 units in any individual building. Located on the east side of Schnebly Drive, development in this area will provide a transition area and buffer to the Multifamily development area. Multifamily: This area will allow higher density development; height restrictions will allow for taller structures. This area may be developed as apartments or condominiums. Commercial: That portion of Module IIA designated for commercial development is located in two different areas: (i) Additional Tract 1 is located north of Lower Seguin and is included for the purpose of designating the commercial zoning for this parcel; (ii) The parcel located west of Schnebly Drive and south of Lower Seguin has previously been contemplated for retail and commercial development to provide services to The Crossvine development and the surrounding area. All Commercial tracts in Module IIA shall be zoned for uses permitted under the General Business (GB) zoning designation as further limited in this Amendment. 2/13/14 2 Amendments to The Crossvine PDD Section 8: Infrastructure Standards The following amendments to Section 8 apply to The Crossvine Project Area except to the extent specifically noted herein. All other provisions of The Crossvine PDD related to Infrastructure Standards shall remain in effect except as modified herein. 8.2 Roadways The roadway sections and profiles included as Exhibits 6- 9(IIA) ( "Roadway Exhibits ") are approved roadways in the Project Area. Briefly described, these additional roadways are: 8.2.12 78' Boulevard The attached Exhibit 6(IIA) illustrates a cross - section of a 78' Boulevard, including sidewalk and buffer areas incorporating a 78' ROW. Sidewalks on the 78' Boulevard will be 6, will be required on both sides of the roadway, and may abut the back of curb. The 78' Boulevard will include a raised median with a roll -over curb and trees will not be allowed within the median area. The median area may also include median cuts allowing for left turns and traffic stacking for the left turn lane. The 78' Boulevard will be required only when the adjacent property uses on both sides of the roadway are Multifamily, Attached Residential, or Commercial. If the property use on one side of a proposed Boulevard is Garden Home, then, in that event, the roadway can be either a 78' Boulevard, a 68' Boulevard, or a 60' Boulevard at Developer's discretion. 8.2.13 68' Boulevard The attached Exhibit 7(IIA) illustrates a cross - section of a 68' Boulevard, including sidewalk and buffer areas incorporating a 68' ROW. Sidewalks on the 68' Boulevard will be 6, will be required on both sides of the roadway, and may abut the back of curb. The 68' Boulevard will include a raised median with a roll -over curb and trees will not be allowed within the median area. The 68' Boulevard may be used when the adjacent property use on one side of such proposed boulevard or the other is for Garden Home development. 8.2.14 60' Boulevard The attached Exhibit 8(IIA) illustrates a cross - section of a 60' Boulevard, including sidewalk and buffer areas incorporating a 60' ROW. Sidewalks on the 60' Boulevard will be 6', will be required on both sides of the roadway, and may abut the back of curb. The 60' Boulevard will include a center turn lane which may be designated by decorative elements, including pavers, scored or stained concrete, or similar elements. Costs associated with maintenance of any turn lane which incorporates non - standard decorative elements which are in excess of the costs associated with the maintenance of City standard turn lanes (without such decorative elements) will be the responsibility of The Crossvine Property Owners' Association. The 60' Boulevard may be used when the adjacent property use on one side of such proposed boulevard or the other is for Garden Home development. 8.2.15 44' Minor Local Street The attached Exhibit 9(IIA) illustrates a cross - section of a 44' Minor Local Street, including sidewalk and buffer areas incorporating a 44' ROW. Sidewalks on the 44' Minor Local Street will be 5, will only be required on one side of the roadway, which is the same side of the roadway as the parallel parking spaces, and may abut the back of curb. The parallel parking area shall be delineated and identified by curbs as reflected in Exhibit 11(IIA). No parking shall be allowed on the side of the street opposite parallel parking. No Parking areas shall be designated by signage which may consist of non - standard 2/13/14 3 colors, shapes, and poles as permitted by approval from the City of Schertz Planning Department, Public Works, and the City Attorney to insure that designation of No Parking areas are legally enforceable pursuant to the Statutes of the State of Texas and the ordinances of the City of Schertz. 8.7 Sidewalks Except as identified or permitted in this Second Amendment to The Crossvine PDD, it is agreed that the applicable provisions of the UDC regarding sidewalks (codified in Sec. 21.14.6 of the UDC) shall apply to Module IIA. Provided, however, Developer's obligation to construct or install sidewalks along FM 1518 as well as along Lower Seguin Road may be deferred pursuant to a mutually agreed upon Development Agreement until the earlier of (i) 4 years from the date of the approval of this Amendment to The Crossvine PDD, (ii) the widening of FM 1518 and the improvement of Lower Seguin Road, or (iii) the date upon which more than 500 lots have been final platted. Such Development Agreement may also provide that in lieu of installing sidewalks along FM 1518 and along Lower Seguin Developer can elect to pay to the City an amount equal to the cost of construction of such sidewalk based upon mutually agreed engineering and construction cost estimates. Further, any obligation for the construction of "must -build sidewalks" along Lower Seguin Road shall be deferred pursuant to such mutually agreed upon Development Agreement. Any requirement in the UDC that all lots must have access to concrete sidewalks is amended to be in conformity with the provisions of this Second Amendment. 8.8 Parking Requirements (Garden Home) Garden Homes shall provide a garage with two parking spaces which are no less than 9'x18'. In addition, each Garden Home shall have a driveway with parking area of no less than 18' x 18'. Additional parking equal to .5 parking spaces per Garden Home shall be provided and may be satisfied by parallel parking areas, by parking courts, or by separately designated parking spaces located within Multi- Dwelling Private Courts. This additional parking requirement shall be exclusive of parking available within garage areas or driveways. 8.8.1 Parking Courts Parking courts located throughout the residential area shall be permitted. 8.8.2 Parallel Parking Parallel parking designated along Minor Local Streets as well as parallel parking located along 50' ROW roads is allowed and will be counted for the purposes of satisfying the additional parking requirements of Section 8.8 of this Second Amendment. 8.8.3 Multi- Dwelling Private Courts Multi- Dwelling Private Courts shall be allowed as more specifically set forth in Section 12 hereafter. 8.9 Parking Requirements (Attached Residential and Multifamily) Attached Residential and Multifamily developments shall provide 1.5 parking spaces per 1- bedroom unit, 2 parking spaces per 2- bedroom unit, 2.5 parking spaces per 3 +bedroom unit, and an additional 5% of total spaces. 2/13/14 4 8.10 Utility Location Dry utility conduit (e.g., electric, cable, data, gas, etc.) located within a Public Utility Easement adjacent to and abutting a Minor Local Street shall be installed by the Developer and /or his designated contractors or responsible parties. The dry utility trench shall have a minimum horizontal clearance of 5' from the centerline of the adjacent City of Schertz Utility pipe. 8.11 Fire Hydrant and Water Meter Location Fire hydrants and water meters may be located within any Public Utility Easement or in any such other area as may be designated by an approved site plan. Fire hydrants within any area where the land use is developed as Garden Home shall be located along streets which have driveway access to such garden homes at intervals of no more than 300 feet. 8.12 Repairs and Maintenance The Developer shall provide that any Conditions, Covenants and Restrictions, any Declaration of Condominium Regime, any rules and regulations of any Property Owners' Association, or similar instruments shall contain clear language that the City of Schertz or any other utility provider shall not be responsible for the repair or replacement of landscaping other than the normal turf grass or similar ground cover. 2/13/14 5 EXHIBIT 6 (IIA) --- - - - - -- ¥) 0 Ln Ea a CD w - ED �K ` ) Lb ) 2§ \ co LL T $ [z o gk /IZO LO ° § ad 0 ± �§ d o•Iu % §� \� _0 a Ie20-) of Fn § LU L6§ �)§ wo a ® - k < w �§ erg- -e k- m k ° � ° ( § K » j� Fn r Lu L6 ��§ �� / \\ F� 0'OZ '6 k \§ 2 §LU e d° 2Q %§ ! M 2 § 7 \§ a(L n ed)� k m�2 2 §LR T-- " \ kz/ =a - -- m m 2H ff B � & a \ 2 §» �- LU -� - -- F- 0 . . [ - - - - -- ,, EXHIBIT 7 (IIA) - - - - -- /--- #) a CD _ .0t \ ' 2 a - — -- — -- —� c ^ \ 2k B2 k\ L� 4 o c GLL k §§k t. C `)§�) §�a\7 �2 2J {mom /))I) m§ 0)- gFW § _ r §k | UZ . = 2_ < e e -- w w { too LU § Lii § [ 0� © ° #m \7� §� )2 D m > §k ° �W )§ (/ �§ < � §)� Lb ° k 7 ( |§k Z`(L T— m « §ww ' 2a - -- -- - )�( It B w ƒ Itw a § §k § - - - - -- EXHIBIT S (IIA) --- - - - - -- ] Bm CD ® �2 CD .0t . -- / 7 w \ 2f 2 ) ±� F- o c k �2 - °2§ O $k /k) O #P-B) uT-- _B§\; Ln � .90 yLU ECV R 122a-E It /ems k .! < �« § ro §) ox o �LU §§ § \ 6� o b§ K[ ) ° )2 ° [! (9 ®§ 22 y § §)( )(q )) ■) LU §§ �. f][ 22 § ) A %)\ O\ <o \\ 40 -- — & kE� )�° ® && e2� }�� LU§e @ § §D) §wW 2§§ §k itz §() k »B@ ;§® (k§ § §k e § w EXHIBIT 9 (IIA) 0 Ln a J k � )§ k - - - - - -- 7$ )/ �� �� 0u �� 0 422§2 w! ( o � #B) _Bw °a | .r LO LO �_ � J E bi -in = EL LL §z _ &�(K \2 \ e _/ / _ It . \ « m ; @ - p �m \ E�§ yLU - k � EwW [ k� a g LU /iE / ' k kk� L \ < :17: ` ° 9( 2 ° '§ d dWZ ± 2 3 § §2 / 2§ k E §]§ n !l k §� mm§ §)§ / §co §§ �b\ w §| E §§ § §22 ) §2 / k §$§ § /( om -- _ CO O§/ CO §§ _ � 2 o m ƒ �� § k§§ k)) 2 m§2 ) ;fƒ ! ] §/Wo ww -- - - - - -- § }z 0WZit 7 §§e ! §■b c Lb \ 0 w \ $22 m)% Amendments to The Crossvine PDD Section 9: Communitv and Public Amenitv Standards The following amendments to Section 9 apply only to the land uses and roadways authorized or referenced in this Second Amendment except to the extent specifically noted herein. All other provisions of The Crossvine PDD related to Community and Public Amenity Standards shall remain in effect except as modified herein. 9.2 Landscape Design All Public Landscape requirements for land uses authorized in this Second Amendment to The Crossvine PDD are defined in Section 9.2.3 Public Screening and Landscaping of this Second Amendment to The Crossvine PDD. All Private Landscaping requirements for land uses authorized in this Second Amendment to The Crossvine PDD are defined in Section 9.2.12 Private Fencing and Landscaping and in Section 9.2.13 Land Use Transition Areas of this Second Amendment to The Crossvine PDD. 9.2.1 Entry Features The Crossvine PDD is amended to provide that entry features may be allowed on both sides of any entry into the Development or into individual neighborhoods throughout the Project Area. 9.2.2 Public Lighting Street lights in Module IIA may be of the type previously approved for Module I upon the same terms and conditions and shall be located at the intersection of all public roads, at roundabouts, and in parking courts. 9.2.3 Public Screening and Landscaping For the purposes of the following section, Public Screening and Landscaping shall generally refer to those areas contained within Common Areas which are the responsibility of The Crossvine Property Owners' Association. The following provisions replace City of Schertz UDC Section 21.9.8 in its entirety regarding Public Screening along FM 1518, Lower Seguin Road, and Schnebly Drive as it relates to Module II and also within Module IIA. Developer shall provide for a "Common Area" located between ROW of roads and platted lots as further set forth herein. All Public Screening shall be located within the Common Area or upon the lot line between platted lots and Common Areas. Any legal requirement that a platted lot or residence be adjacent to a public ROW shall be satisfied if such platted lot or residence is located (i) within a Multi - Dwelling Private Court which is adjacent to a public ROW or Common Area, or (ii) adjacent to a Common Area. Section 9.2.3 of The Crossvine PDD is modified to provide that the Privacy Fencing shown as Exhibit 1001A) also be an approved Privacy Fence. Decorative Fencing and Privacy Fencing as permitted in The Crossvine PDD (as amended) shall be permitted in Module IIA. 2/13/14 6 9.2.3.1 Screening Adjacent to FM 1518 9.2.3.1.101 Land Use —Garden Home A. ❑When the land use adjacent to FM 1518 is GH(1) or GH(2) (hereinafter defined in Section 12) , the terms, conditions, and requirements for the Public Screening and Landscaping along FM 1518 shall be the same as established by The Crossvine PDD (as amended) applicable to single - family residential (DSFR1, DSFR2, and DSFR3) along FM 1518 in Module I. 9.2.3.1.211 Land Use — Multifamily and Attached Residential A. When the land use adjacent to FM 1518 is Multifamily or Attached Residential, the terms, conditions, and requirements for the Public Screening and Landscaping along FM 1518 shall be the same as established by the Crossvine PDD (as amended) applicable to single - family residential (DSFR1, DSFR2, and DSFR3) along FM 1518 in Module I. 9.2.3.1.3 Land Use —Commercial A.0 When the land use adjacent to FM 1518 is Commercial, the Public Screening and Landscaping shall be located in the Common Area (described below). B.0165% of the linear length of the Commercial property adjacent to FM 1518 from the ROW of intersecting roads and exclusive of driveways, curb cuts, and pedestrian access shall be Public Screening. C.1- The required Public Screening will be a minimum of 25% masonry wall with the remainder being Decorative Fencing as established by The Crossvine PDD (as amended), living landscaping, or a combination of Decorative Fencing and living landscaping. D. ❑Public Screening (where required) will be a minimum of 1.5' tall and a maximum of 3' tall. E.0 When the land use adjacent to FM 1518 is Commercial, a Common Area shall be established which includes and conforms to the following requirements: 1.E This Common Area shall be a minimum of 20' in width from the ROW of FM 1518 along the entire frontage of FM 1518; 2.E One tree will be planted for every 30 linear feet within the Common Area; 3.E Required trees may be clustered in groups provided, however, there shall not be more than 90 linear feet between trees; 4.0 Except for requirements associated with living landscaping as part of the Public Screening, the remainder of the Common Area shall include mulch, decomposed granite, river rock, or similar decorative elements and trees, shrubs, grasses, sod, or any other approved plants in the UDC or The Crossvine PDD (as amended). F.❑ Installation of Public Screening and Landscaping shall be completed within 6 months of the recording of the final plat for the improvements adjacent to the area where Public Screening and Landscaping is required. 2/13/14 7 9.2.3.2 Screening Adjacent to Lower Seguin Road 9.2.3.2.10 Land Use —Garden Home A. When the land use adjacent to Lower Seguin Road is GH(1) or GH(2), the terms, conditions, and requirements for the Public Screening and Landscaping along Lower Seguin Road shall be the same as those required by The Crossvine PDD (as amended) applicable to single - family residential (DSFR1, DSFR2, and DSFR3) along FM 1518 in Module I. 9.2.3.2.2 Land Use — Multifamily or Attached Residential A.0 When the land use adjacent to Lower Seguin Road is Multifamily or Attached Residential, there is no requirement for Public Screening. B. When the land use adjacent to Lower Seguin Road is Multifamily or Attached Residential, a Common Area shall be established which includes and conforms to the following requirements: 1.0 This Common Area shall be a minimum of 5' in width from the ROW of Lower Seguin Road along the length of Lower Seguin Road; 2.0 Landscaping within the Common Area shall include mulch, decomposed granite, river rock, or similar decorative elements and trees, shrubs, grasses, or sod, or any other approved plants in the UDC or The Crossvine PDD (as amended). 9.2.3.2.3 Land Use — Commercial (except for Commercial land use west of Schnebly Drive) A.0 When the land use adjacent to Lower Seguin Road is Commercial, the Public Screening and Landscaping shall be located in the Common Area (described below). B.D65% of the linear length of the Commercial property adjacent to Lower Seguin Road from the ROW of intersecting roads and exclusive of driveways, curb cuts, and pedestrian access shall be Public Screening. C.CThe required Public Screening will be a minimum of 25% masonry wall with the remainder being Decorative Fencing as established by The Crossvine PDD (as amended), living landscaping, or a combination of Decorative Fencing and living landscaping. D.CPublic Screening (where required) will be a minimum of 1.5' tall and a maximum of 3' tall. E.E When the land use adjacent to Lower Seguin Road is Commercial, a Common Area shall be established which includes and conforms to the following requirements: 1.0 This Common Area shall be a minimum of 20' in width from the ROW of Lower Seguin Road along the entire frontage of Lower Seguin Road; 2.E One tree will be planted for every 30 linear feet within the Common Area; 3.0 Required trees may be clustered in groups provided, however, there shall not be more than 90 linear feet between trees; 4.E Except for requirements associated with living landscaping as part of the Public Screening, the remainder of the Common Area shall include mulch, decomposed granite, river rock, or similar decorative elements and trees, shrubs, grasses, sod, or any other approved plants in the UDC or The Crossvine PDD (as amended). 2/13/14 8 F.L Installation of Public Screening and Landscaping shall be completed within 6 months of the recording of the final plat for the improvements adjacent to the area where Public Screening and Landscaping is required. 9.2.3.3 Screening Adjacent to Schnebly Drive (East side) 9.2.3.3.1 Land Use — Garden Home and Attached Residential A.LThe land uses immediately adjacent to the east side of Schnebly Drive are only permitted to be GH(1), GH(2), or Attached Residential. The Public Screening and Landscaping requirements along the east side of Schnebly Drive shall be the same for all permitted adjacent land uses. B. ❑The terms, conditions, and requirements for the Public Screening and Landscaping along the east side of Schnebly Drive shall be the same as those required by The Crossvine PDD (as amended) applicable to single - family residential (DSFR1, DSFR2, and DSFR3) along the east side of Schnebly Drive in Module I. C.I 7 Installation of Public Screening and Landscaping shall be completed within 6 months of the recording of the final plat for the improvements adjacent to the area where Public Screening and Landscaping is required. 9.2.3.4 Screening Adjacent to Schnebly Drive (West side) 9.2.3.4.1 Land Use —Commercial A.1—The land use adjacent to the west side of Schnebly Drive is only permitted to be Commercial and any required Public Screening and Landscaping shall be located in the Common Area (described below). B. ❑65% of the linear length of the Commercial property adjacent to Schnebly Drive from the ROW of intersecting roads and exclusive of driveways, curb cuts, and pedestrian access shall be Public Screening. C.CThe required Public Screening will be a minimum of 25% masonry wall with the remainder being Decorative Fencing as established by The Crossvine PDD (as amended), living landscaping, or a combination of Decorative Fencing and living landscaping. D.LPublic Screening (where required) will be a minimum of 1.5' tall and a maximum of 3' tall. E.L A Common Area for the Commercial area shall be established which includes and conforms to the following requirements: 1.L This Common Area shall be a minimum of 10' in width from the ROW of Schnebly Drive along the entire frontage of Schnebly Drive; 2.L One tree will be planted for every 30 linear feet within the Common Area; 3.E Required trees may be clustered in groups provided, however, there shall not be more than 90 linear feet between trees; 4.E Except for requirements associated with living landscaping as part of the Public Screening, the remainder of the Common Area shall include mulch, decomposed granite, river rock, or similar decorative elements and trees, shrubs, grasses, sod, or any other approved plants in the UDC or The Crossvine PDD (as amended). 2/13/14 9 F.- Installation of Public Screening and Landscaping shall be completed within 6 months of the recording of the final plat for the improvements adjacent to the area where Public Screening and Landscaping is required. 9.2.3.5 Screening Adjacent to 78' Boulevard (as permitted by Section 8.2.12 of this Second Amendment to The Crossvine PDD) 9.2.3.5.111 Land Use — Garden Home, Attached Residential, Multifamily, and Commercial A. ❑The land uses adjacent to a 78' Boulevard may be Garden Home, Attached Residential, Multifamily, or Commercial. The Public Screening and Landscaping requirements along a 78' Boulevard shall be the same for all permitted adjacent land uses. B.- 50% of the length of the 78' Boulevard from the ROW of intersecting roads and exclusive of (i) driveways, curb cuts, and pedestrian access which intersect the 78' Boulevard, and (ii) pocket parks, mail kiosks, or public common areas will include Public Screening as required below. C.IJ The required Public Screening will be a minimum of 40% masonry wall with the remainder being Decorative Fencing as established by The Crossvine PDD (as amended),living landscaping, or a combination of Decorative Fencing and living landscaping. D.- Public Screening (where required) will be a minimum of 2.5' tall and a maximum of 5' tall. E.❑ When the land use adjacent to a 78' Boulevard is Garden Home, Attached Residential, Multifamily, or Commercial, a Common Area shall be established which includes and conforms to the following requirements: 1.0 This Common Area shall be a minimum of 10' in width along the length of the 78' Boulevard; 2.0 The Common Area shall include mulch, decomposed granite, river rock, or similar decorative elements and trees, shrubs, grasses, sod, or any other approved plants in the UDC or The Crossvine PDD (as amended). F. Installation of Public Screening and Landscaping shall be completed within 6 months of the recording of the final plat for the improvements adjacent to the area where Public Screening and Landscaping is required. 9.2.3.6 Screening Adjacent to a 68' or 60' Boulevard (as permitted by Section 8.2.13 and 8.2.14 of this Second Amendment to The Crossvine PDD) 9.2.3.6.1 Land Use — Garden Home, Attached Residential, and Multifamily A. -The land uses adjacent to a 68' or 60' Boulevard are only permitted to be GH(1), GH(2), Attached Residential, or Multifamily. The 68' or 60' Boulevard may only be used when the adjacent land use on one side of such proposed boulevard or the other is for Garden Home development. B. -The Public Screening and Landscaping requirements along a 68' or 60' Boulevard shall be the same for all permitted adjacent land uses. C.- 75% of the length of the 68' or 60' Boulevard from the ROW of intersecting roads and exclusive of (i) driveways, curb cuts, and pedestrian access which intersect the 68' or 60' Boulevard, and (ii) pocket parks, mail kiosks, or public common areas shall include Public Screening as required below. 2/13/14 10 D.I The required Public Screening will be a minimum of 60% masonry wall with the remainder being Decorative Fencing as established by The Crossvine PDD (as amended), living landscaping, or a combination of Decorative Fencing and living landscaping. E.0 Public Screening (where required) will be a minimum of 2.5' tall and a maximum of 5' tall. F.❑ When the land use adjacent to a 68' or 60' Boulevard is Garden Home, Attached Residential, or Multifamily, a Common Area shall be established which includes and conforms to the following requirements: 1. ❑This Common Area shall be a minimum of 10' in width along the length of the 60' or 68' Boulevard; 2.E The Common Area shall include shall include mulch, decomposed granite, river rock, or similar decorative elements and trees, shrubs, grasses, sod, or any other approved plants in the UDC or The Crossvine PDD (as amended). G. ❑Installation of Public Screening and Landscaping shall be completed within 6 months of the recording of the final plat for the improvements adjacent to the area where Public Screening and Landscaping is required. 9.2.3.7 Screening Adjacent to 60' Collector Road (as permitted by Section 8.2.2 and 8.2.4 of The Crossvine PDD) 9.2.3.7.1 Land Use —Garden Home A. When the land use adjacent to a 60' Collector Road is GH(1) or GH(2), the Public Screening and Landscaping on the side of the road where GH(1) or GH(2) is located shall be the same as established by The Crossvine PDD (as amended) applicable to single - family residential (DSFR1, DSFR2, and DSFR3) along all Collector Roads and Schnebly Drive in Module I. B.❑ When the land use adjacent to a 60' Collector Road is GH(1) or GH(2), the Common Area on the side of the road where GH(1) or GH(2) is located shall be the same as established by The Crossvine PDD (as amended) applicable to single - family residential (DSFR1, DSFR2, and DSFR3) along all Collector Roads and Schnebly Drive in Module I. 9.2.3.7.2 Land Use — Attached Residential and Multifamily A. ❑When the land use adjacent to a 60' Collector Road is Multifamily or Attached Residential, there is no requirement for Public Screening. B.❑ When the land use adjacent to a 60' Collector Road is Multifamily or Attached Residential, a Common Area shall be established which includes and conforms to the following requirements: 1.E This Common Area shall be a minimum of 5' in width along the length of the 60' Collector Road; 2. The Common Area shall include shall include mulch, decomposed granite, river rock, or similar decorative elements and trees, shrubs, grasses, sod, or any other approved plants in the UDC or The Crossvine PDD (as amended). C.❑ Installation of Public Screening and Landscaping adjacent to a 60' Collector Road shall be completed within 6 months of the issuance of a certificate of 2/13/14 11 occupancy for the improvements adjacent to the area where Public Screening and Landscaping is required. 9.2.3.7.3 Land Use —Commercial A.❑ When the land use adjacent to a 60' Collector Road is Commercial, reference shall be made to Section 9.2.13 Land Use Transition Areas of this Amendment for requirements for Public Screening. B.❑ When the land use adjacent to a 60' Collector Road is Commercial, reference shall be made to Section 9.2.13 Land Use Transition Areas of this Amendment for requirements for Common Area. C.0 Installation of Public Screening and Landscaping adjacent to a 60' Collector Road shall be completed within 6 months of the issuance of a certificate of occupancy for the improvements adjacent to the area where Public Screening and Landscaping is required. 9.2.3.8 Screening Adjacent to 50' Local Street (as permitted by Section 8.2.3, 8.2.5, and 8.2.6 of The Crossvine PDD) 9.2.3.8.1 Land Use —Garden Home A.I_ When the land use adjacent to a 50' Local Street is GH(1) or GH(2), the Public Screening on the side of the road where GH(1) or GH(2) is located shall be the same as established by The Crossvine PDD (as amended) applicable to single - family residential (DSFR1, DSFR2, and DSFR3) along all Collector Roads and Schnebly Drive in Module I. B. When the land use adjacent to a 50' Local Street is GH(1) or GH(2), the Common Area on the side of the road where GH(1) or GH(2) is located shall be the same as established by The Crossvine PDD (as amended) applicable to single - family residential (DSFR1, DSFR2, and DSFR3) along all Collector Roads and Schnebly Drive in Module I. 9.2.3.8.211 Land Use — Attached Residential and Multifamily A. When the land use adjacent to a 50' Local Street is Multifamily or Attached Residential, there is no requirement for Public Screening. B. When the land use adjacent to a 50' Local Street is Multifamily or Attached Residential, a Common Area shall be established which includes and conforms to the following requirements: 1. This Common Area shall be a minimum of 5' in width along the length of the 50' Local Road; 2.E The Common Area shall include shall include mulch, decomposed granite, river rock, or similar decorative elements and trees, shrubs, grasses, sod, or any other approved plants in the UDC or The Crossvine PDD (as amended). 9.2.3.8.311 Land Use —Commercial A. When the land use adjacent to a 50' Local Street is Commercial, reference shall be made to Section 9.2.13 Land Use Transition Areas of this Amendment for requirements for Public Screening. B. When the land use adjacent to a 50' Local Street is Commercial, reference shall be made to Section 9.2.13 Land Use Transition Areas of this Amendment for requirements for the Common Area. 2/13/14 12 9.2.3.8.40 Installation of Public Screening and Landscaping adjacent to a 50' Local Street shall be completed within 6 months of the issuance of a certificate of occupancy for the improvements adjacent to the area where Public Screening and Landscaping is required. 9.2.3.9 Screening Adjacent to 44' Minor Local Street (as permitted by Section 8.2.16 of this Second Amendment to The Crossvine PDD) 9.2.3.9.1 Land Use —Garden Home A. ❑When the land use adjacent to a 44' Minor Local Street is GH(1) or GH(2), there is no requirement for Public Screening and Landscaping. B.❑ When the land use adjacent to a 44' Minor Local Street is GH(1) or GH(2), there is no requirement for a Common Area. 9.2.3.9.2 Land Use — Multifamily or Attached Residential A. When the land use adjacent to a 44' Minor Local Street is Multifamily or Attached Residential, there is no requirement for Public Screening and Landscaping. B. When the land use adjacent to a 44' Minor Local Street is Multifamily or Attached Residential, there is no requirement for a Common Area. 9.2.3.9.3 Land Use —Commercial A. When the land use adjacent to a 44' Minor Local Street is Commercial, reference shall be made to Section 9.2.13 Land Use Transition Areas of this Amendment for requirements for Public Screening and Landscaping. B. When the land use adjacent to a 44' Minor Local Road is Commercial, reference shall be made to Section 9.2.13 Land Use Transition Areas of this Amendment for requirements for Common Area. 9.2.3.10 Screening in Roundabouts 9.2.3.10.111 Public Screening and Landscaping within Roundabouts shall not obscure vision in such a way as to create a traffic hazard. 9.2.3.10.21] Within a Roundabout, a Common Area shall be established which includes and conforms to the following requirements: A. ❑The Common Area shall be comprised of the total Roundabout area except for those areas comprised of sidewalks, curbs, or similar features; B. ❑The Common Area shall include mulch, decomposed granite, river rock, decorative concrete, fountains, art installations, or similar decorative elements and trees, shrubs, grasses, sod, or any other approved plants in the UDC or The Crossvine PDD (as amended); provided, however, such features shall not obscure vision in such a way as to create a traffic hazard. 9.2.3.10.311 Installation of landscaping within the Common Area shall be completed concurrent with the completion of the Roundabout construction. 9.2.3.11 Adjustment of Location of Public Screening and Landscaping and Common Area 9.2.3.11.111 If a land use abuts a roadway, green- space, pocket park, mail kiosk, or Common Area, the required Public Screening (and associated Landscaping and Common Area) can be adjacent to the property line of the adjacent land use and need not be adjacent to the ROW line of any roadway or the property boundary of any green - space, pocket park, mail kiosk, or Common Area. 2/13/14 13 9.2.3.12 Maintenance of Public Screening and Landscaping 9.2.3.12.111 Maintenance of all Public Screening and Landscaping and Common Areas adjacent to roadways as noted above shall be the responsibility of The Crossvine Property Owners' Association. 9.2.3.13 Screening in Parking Courts (Garden Home) 9.2.3.13.1 Parking courts as permitted under The Crossvine PDD (as amended) within areas where the predominant land use is Garden Home shall include Public Screening to screen the parking courts. The Public Screening around parking courts may be Privacy Fencing or Decorative Fencing as permitted under The Crossvine PDD (as amended) and shall be a minimum of 4' tall and a maximum of 6' tall. 9.2.3.13.2 Parking courts as permitted under The Crossvine PDD (as amended) within areas where the predominant land use is Garden Home shall incorporate the following Common Areas: A.CA Common Area on the exterior of Privacy Fencing will not be required when the parking court abuts property developed as Garden Home; B. [-]A Common Area which extends a minimum of 4' from the exterior of Privacy Fencing surrounding the parking court shall be required where the parking court does not abut property developed as Garden Home; C. I- 40% of the linear footage of the Common Area shall include mulch, decomposed granite, river rock, or similar decorative elements and trees, shrubs, grasses, sod, or any other approved plants in the UDC or The Crossvine PDD (as amended). 9.2.3.13.3 Installation and maintenance of all Public Screening and Landscaping and Common Areas adjacent to parking courts as noted above shall be the responsibility of The Crossvine Property Owners' Association. 9.2.3.13.4 Installation of Public Screening and Landscaping shall be completed within 6 months of the issuance of a certificate of occupancy for the improvements adjacent to the area where Public Screening and Landscaping is required. 9.2.3.14 Screening at Mail Kiosks, Pocket Parks, Greenbelt Common Areas, etc. 9.2.3.14.1 There shall be no requirement for Public Screening of any areas owned and maintained by The Crossvine Property Owners' Association which is not otherwise required herein. Such areas may include mail kiosks, pocket parks, greenbelt common areas, playscape areas, and similar areas and uses ( "Other POA Areas "). 9.2.3.14.2 Such Other POA Areas shall include mulch, decomposed granite, river rock, or similar decorative elements and trees, shrubs, grasses, sod, or any other approved plants in the UDC or The Crossvine PDD (as amended). 9.2.4 Trees /Plant Materials Crossvine (Bignonia Capredata or Anisostichus Capreolata) is an accepted plant material. 9.2.8 Mail Kiosks Mail kiosks in The Crossvine Project Area shall be proximately located and one (1) mail kiosk location shall be provided for every 160 residences or portion thereof (e.g., 1 mail kiosk for 160 residences and 2 mail kiosks for 161 residences); provided, however, the foregoing requirements shall be amended to comply with specific requirements or preferences of the United States Postal Service. 2/13/14 14 9.2.12 Private Fencing and Landscaping Except as specifically required herein, there shall be no requirement for Private Fencing or Landscaping for the land uses and roadways authorized or referenced in this Second Amendment. Private Fencing and Landscaping shall be permitted except as limited herein. Initial Private Fencing and Landscaping shall be provided by the Developer and replacement or additional Private Fencing and Landscaping (as permitted herein) will be as approved by the POA. The following provisions replace City of Schertz UDC Section 21.9.8 in its entirety for the land uses and roadways authorized or referenced in this Second Amendment. Private Fencing is the responsibility of and shall be maintained by the lot owner. 9.2.12.1 Private Fencing (GH(1)) 9.2.12.1.111 Where the land use is designated exclusively for the development of GH(1), rear and side yard fencing may be a designated 6' tall wood Privacy Fence or 5' Decorative Fence as established by The Crossvine PDD (as amended); provided, however, where the residential improvements are placed on the property line (zero lot line), Private Fencing will not be required where the improvements are situated. Private Fencing may connect to masonry walls along FM 1518, Lower Seguin, or Schnebly Drive in the same manner and upon the same terms as allowed in Module I. 9.2.12.1.2❑ Installation of Private Fencing (if elected) shall be completed prior to the issuance of a certificate of occupancy for the improvements where Private Fencing is installed. 9.2.12.2 Private Fencing (GH(2)) 9.2.12.2.1 Where the land use is designated for the development of GH(2), perimeter fencing of Multi- Dwelling Private Courts may be Decorative Fencing as established by The Crossvine PDD (as amended) and shall be a minimum of 4' tall and a maximum of 5' tall. Private Fencing may connect to masonry walls along FM 1518, Lower Seguin, or Schnebly Drive in the same manner and upon the same terms as allowed in Module 1. 9.2.12.2.211 Decorative Fencing as established by The Crossvine PDD (as amended) may be installed for individual Garden Homes but shall be a minimum of 4' tall and a maximum of 5' tall. 9.2.12.2.311 Privacy Fences as established by The Crossvine PDD (as amended) are permitted for courtyards or similar areas but shall not protrude into or create an obstruction in Mandatory Building Separation Areas. 9.2.12.2.4❑ Installation of Private Fencing (if elected) shall be completed prior to the issuance of a certificate of occupancy for the improvements where Private Fencing is installed. 9.2.12.3 Private Fencing (Attached Residential, Multifamily, and Commercial) 9.2.12.3.111 Requirements for Private Fencing for Attached Residential, Multifamily, and Commercial are contained in Section 9.2.13 Land Use Transition Areas.. 9.2.12.4 Private Landscaping (GH(1)) 9.2.12.4.1 At least one (1) tree shall be planted in the front yard of each Garden Home. 9.2.12.4.2 Additional landscaping may include mulch, decomposed granite, river rock, or similar decorative elements and trees, shrubs, and planting beds. 2/13/14 15 9.2.12.4.3❑ Areas not otherwise landscaped or areas not containing decks, patios, etc. shall include turf grasses, sod, or any other approved plants in the UDC or The Crossvine PDD (as amended). 9.2.12.4.4❑ Installation of Private Landscaping shall be completed prior to the issuance of a certificate of occupancy for the improvements where Private Landscaping is required. 9.2.12.5 Private Landscaping (GH(2)) 9.2.12.5.11] At least one (1) tree shall be planted for each residence within a Multi- Dwelling Private Court. 9.2.12.5.211 Where a GH(2) Garden Home is constructed outside of a Multi- Dwelling Private Court, a minimum of one (1) tree shall be planted in the front yard or the side yard adjacent to a public ROW of each Garden Home. 9.2.12.5.311 Additional landscaping may include mulch, decomposed granite, river rock or similar decorative elements and trees, shrubs, and planting beds. 9.2.12.5.40 Areas not otherwise landscaped or areas not containing decks, patios, etc. shall include turf grasses, sod, or any other approved plants in the UDC or The Crossvine PDD (as amended). 9.2.12.5.5❑ Installation of Private Landscaping shall be completed prior to the issuance of a certificate of occupancy for the improvements where Private Landscaping is required. 9.2.12.6 Private Landscaping (Attached Residential) 9.2.12.6.10 A minimum of fifteen percent (15 %) of the total land area of any proposed Attached Residential development shall be landscaped and shall include mulch, decomposed granite, river rock, or similar decorative elements and trees, shrubs, grasses, sod, or any other approved plants in the UDC or The Crossvine PDD (as amended). 9.2.12.6.20 In the event of the construction of a phased development, the minimum fifteen percent (15 %) requirement shall apply to each phase as it is developed; however, landscaping in excess of the minimum in earlier phases may be included for the calculation of minimum landscaping requirements for subsequent phases and for calculation of overall minimum landscaping requirements. 9.2.12.6.30 All properties shall provide trees at a ratio of six (6) trees per acre (43,560 square feet) of gross lot area. Trees in perimeter Common Areas shall be counted towards satisfying tree requirements under this section. 9.2.12.6.40 Installation of Private Landscaping shall be completed prior to the issuance of a certificate of occupancy for the improvements where Private Landscaping is required. 9.2.12.7 Private Landscaping (Multifamily) 9.2.12.7.111A minimum of fifteen percent (15 %) of the total land area of any proposed Multifamily development shall be landscaped and shall include mulch, decomposed granite, river rock, or similar decorative elements and trees, shrubs, grasses, sod, or any other approved plants in the UDC or The Crossvine PDD (as amended). 9.2.12.7.211 In the event of the construction of a phased development, the minimum fifteen percent (15 %) requirement shall apply to each phase as it is developed; however, landscaping in excess of the minimum in earlier phases may be included for the 2/13/14 16 calculation of minimum landscaping requirements for subsequent phases and for calculation of overall minimum landscaping requirements. 9.2.12.73❑ All properties shall provide trees at a ratio of six (6) trees per acre (43,560 square feet) of gross lot area. Trees in perimeter Common Areas shall be counted towards satisfying tree requirements under this section. 9.2.12.7.411 Installation of Private Landscaping shall be completed prior to the issuance of a certificate of occupancy for the improvements where Private Landscaping is required. 9.2.12.8 Private Landscaping (Commercial) 9.2.12.8.1 Parking lots, vehicular use areas, and parked vehicles are to be screened from the public view and adjacent property. Such areas shall be landscaped in accordance with the criteria set forth herein. 9.2.12.8.211A minimum of fifteen percent (15 %) of the total land area of any proposed Commercial development shall be landscaped and shall include mulch, decomposed granite, river rock, or similar decorative elements and trees, shrubs, grasses, sod, or any other approved plants in the UDC or The Crossvine PDD (as amended). 9.2.12.8.3❑ In the event of the construction of a phased development, the minimum fifteen percent (15 %) requirement shall apply to each phase as it is developed; however, landscaping in excess of the minimum in earlier phases may be included for the calculation of minimum landscaping requirements for subsequent phases and for the calculation of overall minimum landscaping requirements. 9.2.12.8.4❑ A minimum of five percent (5 %) of the gross parking area shall be devoted to living landscaping and shall include mulch, decomposed granite, river rock, or similar decorative elements and trees, shrubs, grasses, sod, or any other approved plants in the UDC or The Crossvine PDD (as amended). Gross parking area is to be measured from the edge of the parking and /or driveway and sidewalks. 9.2.12.8.511 The following additional criteria shall apply to the interior of parking lots: A.❑ Interior landscape areas shall be protected from vehicular encroachment or overhang through appropriate wheel stops or curbs; B. There shall be a minimum of one (1) tree planted for each 400 square feet or fraction thereof of total required interior landscape area. Trees in perimeter Common Areas shall be counted towards satisfying tree requirements under this section. 9.2.12.8.6 Interior areas of parking lots shall contain planter islands located so as to best relieve the expanse of paving. Planter islands must be located no further apart than every eighteen (18) parking spaces and at the terminus of all rows of parking. Such islands shall be a minimum of 150 square feet or 10' by 15' in size. 9.2.12.8.7 Perimeter Common Areas shall be counted towards satisfying the interior landscaping requirement. 9.2.12.8.81] All Commercial properties shall provide trees at a ratio of six (6) trees per acre (43,560 square feet) of gross lot area. Trees in perimeter Common Areas shall be counted towards satisfying tree requirements under this section. 9.2.12.8.911 Installation of Private Fencing and Landscaping shall be completed prior to the issuance of a certificate of occupancy for the improvements where Private Fencing and Landscaping is required. 2/13/14 17 9.2.13 Land Use Transition Areas 9.2.13.1 Commercial /Multifamily 9.2.13.1.1 Where (i) a 44' Minor Local Road, or (ii) a 50' Local Road separates a Commercial development area from a Multifamily development area, there are no additional requirements on the Multifamily development area site beyond the requirements of Public Screening and Landscaping imposed on Multifamily adjacent to roadways. 9.2.13.1.21] Where (i) a 44' Minor Local Road, or (ii) a 50' Local Road separates a Commercial development area from a Multifamily development area, or (ii) there is specific pedestrian access by the use of sidewalks or trails through the Multifamily development area to the Commercial development area, and: A. ❑A private landscape buffer ( "Private Landscape Buffer ") of no less than 20' shall be required if the site plan and design of the Commercial development provides that more than 40% of the exterior wall facade of the first floor of each building facing the Multifamily Development Area is comprised of windows and doors and contains at least one (1) customer entrance. The Private Landscape Buffer shall include: 1.1_I A masonry wall of no less than 3' tall, and 2.1-1 One (1) tree for every 20 linear feet; provided, however, such trees may be clustered but there shall be at least one (1) tree every 60 linear feet; 3.❑ 40% of the total linear feet shall include shrubs that are at least 12" tall at the time of planting; 4. ❑The remaining landscape area shall include mulch, decomposed granite, river rock, or similar decorative elements and trees, shrubs, grasses, sod, or any other approved plants in the UDC or The Crossvine PDD (as amended); 5.❑ Installation and maintenance of the landscaping and the private masonry wall shall be the responsibility of the Commercial development. B. ❑A Private Landscape Buffer of no less than 20' shall be required if the site plan and design of the Commercial development provides that more than 30% and less than 40% of the exterior wall facade of the first floor of each building facing the Multifamily Development Area is comprised of windows and doors and contains at least one (1) customer entrance. The Private Landscape Buffer shall include: 1.❑ A masonry wall of no less than 5' tall, and 2. -1 One (1) tree for every 20 linear feet; provided, however, such trees may be clustered but there shall be at least one (1) tree every 60 linear feet; 3-140% of the total linear feet shall include shrubs that are at least 12" tall at the time of planting; 4.-]The remaining landscape area shall include mulch, decomposed granite, river rock, or similar decorative elements and trees, shrubs, grasses, sod, or any other approved plants in the UDC or The Crossvine PDD (as amended); 2/13/14 18 S.I Installation and maintenance of the landscaping and the private masonry wall shall be the responsibility of the Commercial development. C. I- A Private Landscape Buffer of no less than 30' shall be required if the site plan and design of the Commercial development provides that more than 20% and less than 30% of the exterior wall facade of the first floor of each building facing the Multifamily Development Area is comprised of windows and doors and contains at least one (1) customer entrance. The Private Landscape Buffer shall include: 1.E A masonry wall of no less than 6' tall, and 2.E One (1) tree for every 20 linear feet; provided, however, such trees may be clustered but there shall be at least one (1) tree every 60 linear feet; 3.❑ 60% of the total linear feet shall include shrubs that are at least 12" tall at the time of planting; 4.F-]The remaining landscape area shall include mulch, decomposed granite, river rock, or similar decorative elements and trees, shrubs, grasses, sod, or any other approved plants in the UDC or The Crossvine PDD (as amended); 5.1-1 Installation and maintenance of the landscaping and the private masonry wall shall be the responsibility of the Commercial development. D.-1A masonry wall of no less than 8' tall shall be required on the lot line of the Commercial development if the site plan and design of the Commercial development provides that less than 20% of the exterior wall facade of the first floor of each building facing the Multifamily Development Area is comprised of windows and doors and contains at least one (1) customer entrance. Maintenance of such masonry wall shall be the responsibility of the Commercial development. 9.2.13.1.3 Where (i) a 44' Minor Local Road, or a 50' Local Road does not separate a Commercial development area from a Multifamily development area, and (ii) there is no specific pedestrian access by the use of sidewalks or trails through the Multifamily development area to the Commercial development area, then a masonry wall of no less than 8' tall shall be installed on the lot line of the Commercial development. Maintenance of such masonry wall shall be the responsibility of the Commercial development. 9.2.13.1.4 Installation of Private Fencing and Landscaping shall be completed prior to the issuance of a certificate of occupancy for the improvements where Private Fencing and Landscaping is required. 9.2.13.1.5 Pedestrian access through all Private Fencing and Landscaping and Public Screening and Landscaping shall be permitted. 9.2.13.1.6 No other landscaping will be required. 9.2.13.2 Commercial /Garden Home 9.2.13.2.10 Where (i) a 44' Minor Local Road, or (ii) a 50' Local Road separates a Commercial development area from a Garden Home development area, there are no additional requirements on the Garden Home development area site beyond the requirements 2/13/14 19 of Private Fencing and Landscaping and Public Screening and Landscaping imposed on Garden Home development area adjacent to roadways. 9.2.13.2.20 Where (i) a 44' Minor Local Road or a 50' Local Road separates a Commercial development area from a Garden Home development area, or (ii) there is specific pedestrian access by the use of sidewalks or trails through the Garden Home development area to the Commercial development area, and: A.CA Private Landscape Buffer of no less than 20' shall be required if the site plan and design of the Commercial development provides that more than 40% of the exterior wall facade of the first floor of each building facing the Garden Home Development Area is comprised of windows and doors and contains at least one (1) customer entrance. The Private Landscape Buffer shall include: 1.E A masonry wall of no less than 3' tall, and 2.E One (1) tree for every 20 linear feet; provided, however, such trees may be clustered but there shall be at least one (1) tree every 60 linear feet; 3. F-1 40% of the total linear feet shall include shrubs that are at least 12" tall at the time of planting; 4.I i The remaining landscape area shall include mulch, decomposed granite, river rock, or similar decorative elements and trees, shrubs, grasses, sod, or any other approved plants in the UDC or The Crossvine PDD (as amended); 5.❑ Installation and maintenance of the landscaping and the private masonry wall shall be the responsibility of the Commercial development. B. ❑A Private Landscape Buffer of no less than 20' shall be required if the site plan and design of the Commercial development provides that more than 30% and less than 40% of the exterior wall facade of the first floor of each building facing the Garden Home Development Area is comprised of windows and doors and contains at least one (1) customer entrance. The Private Landscape Buffer shall include: 1.:1 A masonry wall of no less than 5' tall, and 2.:] One (1) tree for every 20 linear feet; provided, however, such trees may be clustered but there shall be at least one (1) tree every 60 linear feet; 3. -140% of the total linear feet shall include shrubs that are at least 12" tall at the time of planting; 4. -]The remaining landscape area shall include mulch, decomposed granite, river rock, or similar decorative elements and trees, shrubs, grasses, sod, or any other approved plants in the UDC or The Crossvine PDD (as amended); 5.0 Installation and maintenance of the landscaping and the private masonry wall shall be the responsibility of the Commercial development. C. ❑A Private Landscape Buffer of no less than 30' shall be required if the site plan and design of the Commercial development provides that more than 20% and less than 30% of the exterior wall facade of the first floor of each 2/13/14 20 building facing the Garden Home Development Area is comprised of windows and doors and contains at least one (1) customer entrance. The Private Landscape Buffer shall include: 1.0 A masonry wall of no less than 6' tall, and 2.0 One (1) tree for every 20 linear feet; provided, however, such trees may be clustered but there shall be at least one (1) tree every 60 linear feet; 3.E 60% of the total linear feet shall include shrubs that are at least 12" tall at the time of planting; 4.CThe remaining landscape area shall include mulch, decomposed granite, river rock or similar decorative elements and trees, shrubs, grasses, sod, or any other approved plants in the UDC or The Crossvine PDD (as amended); 5.❑ Installation and maintenance of the landscaping and the private masonry wall shall be the responsibility of the Commercial development. D. ❑A Private Landscape Buffer of no less than 15' shall be required if the site plan and design of the Commercial development provides that less than 20% of the exterior wall facade of the first floor of each building facing the Garden Home Development Area is comprised of windows and doors and contains at least one (1) customer entrance. The Private Landscape Buffer shall include: 1. D A masonry wall of no less than 8' tall located on the lot line of the Commercial development, and 2.1A minimum of one (1) shade tree shall be planted for each thirty linear feet (30') of landscape buffer; and 3.:] A minimum of ten (10) shrubs shall be planted for every fifty linear feet (50') of landscape buffer; and 4.:1 All other areas with the landscape buffer shall be covered with grass or another solid vegetative cover approved at the time of Site Plan approval; 5.:] Installation and maintenance of the landscaping and the private masonry wall shall be the responsibility of the Commercial development. 9.2.13.2.30 Installation of Private Fencing and Landscaping shall be completed prior to the issuance of a certificate of occupancy for the improvements where Private Fencing and Landscaping is required. 9.2.13.2.4F] Pedestrian access through all Private Fencing and Landscaping and Public Screening and Landscaping shall be permitted. 9.2.13.3 Commercial /Single - family Residential 9.2.13.3.1❑ The following requirements and provisions are limited and exclusive to the area designated as Commercial which is west of Schnebly Drive adjacent to the existing single - family residential area. A.:]The perimeter of this Commercial area which abuts single - family residential shall have a masonry wall which is no less than 6' tall and no more than 6.5' tall. 2/13/14 21 13.0 The masonry wall shall be located on the lot line of and completely on the Commercial property. There shall be no requirement for a Common Area or for any private landscaping requirements outside of the masonry wall required by this section. C.❑ Installation of the masonry wall required herein shall be completed prior to the issuance of a certificate of occupancy for the improvements on this Commercial parcel. 9.2.13.4 Multifamily /Attached Residential 9.2.13.4.1 Where a roadway, parking lot, or private drive separates a Multifamily area from an Attached Residential area, there are no additional requirements beyond the requirements of Private Fencing and Landscaping and Public Screening and Landscaping adjacent to roadways. 9.2.13.4.21 Where a roadway, parking lot, or private drive does not separate a Multifamily area from an Attached Residential area, there are no requirements for Private Fencing or Landscaping. 9.2.13.4.3 Installation and maintenance of landscaping and the private masonry wall shall be the responsibility of the Multifamily development. 9.2.13.4.4❑ Installation of Private Fencing and Landscaping and Public Screening and Landscaping shall be completed prior to the issuance of a certificate of occupancy for the improvements where Private Fencing and Landscaping and Public Screening and Landscaping are required. 9.2.13.4.5❑ Pedestrian access through the Private Fencing and Landscaping and the Public Screening and Landscaping shall be permitted. 9.2.13.5 Multifamily /Garden Home 9.2.13.5.1 Where a roadway, parking lot, or private drive separates a Multifamily area from a Garden Home area, there are no additional requirements beyond the requirements of Private Fencing and Landscaping and Public Screening and Landscaping adjacent to roadways. 9.2.13.5.211 Where a roadway does not separate a Multifamily area from a Garden Home area, the following requirements are imposed: A. Private Fencing 1.I❑ A masonry wall at least 6' tall but no more than 8' tall shall be installed on the property line of the Multifamily development site adjacent to the Garden Home development site. 2.❑ Any private fence in the Garden Home development site may be connected directly to the masonry wall on the Multifamily development site. B.❑ Private or Public Landscape Requirements L❑ No additional landscaping shall be required on Garden Home development area or Multifamily development area. 9.2.13.5.3 F1 Installation of Private Fencing and Landscaping and Public Screening and Landscaping shall be completed prior to the issuance of a certificate of occupancy for the improvements where Private Fencing and Landscaping and Public Screening and Landscaping are required. 2/13/14 22 9.2.13.5.411 Installation and maintenance of the landscaping and the private masonry wall shall be the responsibility of the Multifamily development. 9.2.13.6 Garden Home /Single - family Residential (Module 1) 9.2.13.6.1❑ Where a roadway separates a Garden Home area from a Single- family Residential area or where a roadway does not separate a Garden Home area from a Single- family residential area no Private Fencing or Landscaping within Module IIA is required beyond the requirements for Private Fencing and Landscaping set forth in this Amendment. 9.5 Signage Exhibit R, Signage Plan as accepted in the First Amendment to The Crossvine PDD shall be equally applicable to Module IIA. 9.5.3 Signage in Module IIA 9.5.3.1 Section 21.11.8.D of the UDC is amended to provide: No lighted sign shall be erected or displayed within 150 feet of the property line of property zoned DSFR(1), DSFR(2), or DSFR(3) unless the lighting is shielded from view. 9.5.3.2 Section 21.11.9.G of the UDC is amended to provide: Wall signs shall not be located on any fagade (other than the main front of the building) which faces property zoned DSFR(1), DSFR(2), or DSFR(3) if the sign is within 150 feet of the property line of said residential property. 9.5.3.3 Section 21.11.12 of the UDC is amended to provide: 9.5.3.3.1 Two multi- tenant monument signs shall be allowed along Lower Seguin Road, (i) one for the commercial property located west of Schnebly Drive, and (ii) one for the commercial property located east of Schnebly Drive in Module IIA. 9.5.3.3.2 Two multi- tenant monument signs shall be allowed along FM 1518 for the commercial property located east of Schnebly Drive. 9.5.3.3.3 The maximum area of a multi- tenant monument sign shall be equivalent to one percent (1%) of the aggregate gross building square footage within the shopping center with a maximum of 300 square feet. 9.5.3.3.4 Primary or anchor stores within the development shall not be prohibited from advertising on monument signs. 2/13/14 23 Amendments to The Crossvine PDD Section 10: Greenbelt. Park. and Ooen Soace Plan 10.1 Introduction The greenbelt and trails provided for in Module I and in The Crossvine PDD shall provide the primary open space areas for Module IIA. In the event of a change of use of areas designated as Attached Residential or Multifamily to Garden Home as permitted herein, five percent (5 %) of the gross area subject to a change of use shall be provided as open space, pocket parks, or other public spaces. 2/13/14 24 Amendments to The Crossvine PDD Section 12: Land Use Allocations 12.2.1.1.4 Garden Home Garden Homes will represent the bulk of single - family residential development in Module IIA. These homes will be represented by smaller lot sizes and increased home coverage of the lot. Garden Homes may be developed pursuant to a filed condominium declaration and the building separations and other dimensional requirements of this Section and the Land Use Dimensional Requirements Table (contained as Exhibit 11(IIA) hereafter) shall apply. The Garden Homes may be of two separate dimensional types which may be developed independently of one another or together within the same development area: Garden Home /GH(1): This category represents lots which will be improved with a detached single - family residence with a lot size that is no less than 3,825 square feet with a minimum front footage of 45' and shall have a DUE of one (1) per lot. The minimum dwelling size shall be 1,150 square feet and the maximum dwelling size shall be 2,450 square feet. GH(1) homes may be developed pursuant to a filed condominium declaration and the building separations and other dimensional requirements of this Section and the Land Use Dimensional Requirements Table shall apply. Garden Home /GH(2): Multi- Dwelling Private Courts shall be allowed as more specifically described hereafter. This category represents homes which will be located on land area designated in two different manners: (i) homes which are located within Multi- Dwelling Private Courts, and (ii) homes which are not located within Multi- Dwelling Private Courts. GH(2) homes may be developed pursuant to a filed condominium declaration and the building separations and other dimensional requirements of this Section and the Land Use Dimensional Requirements Table shall apply. Homes which are not located within Multi- Dwelling Private Courts shall be within designated areas which are no less than 60' x 60' and must abut a public ROW. Multi- Dwelling Private Courts (GH(2) only) •❑ Multi- Dwelling Private Courts shall: o Contain no more than four (4) individual residential dwellings; o Include a private drive from a public or private road which drive shall be (i) not less than twenty -two (22) feet wide and no longer than 100 feet from the public ROW or, (ii) if the private drive is longer than 100 feet from the public ROW then the private drive shall not 2/13/14 25 be less than twenty -eight (28) feet wide and no longer than 120 feet from the public ROW. Any such private drive shall include a designated fire lane. There shall be no parking on designated fire lanes. No Parking areas in fire lanes shall be designated by signage which may consist of non - standard colors, shapes, and poles as permitted by approval from the City of Schertz Planning Department, Public Works, and the City Attorney to insure that designation of No Parking areas are legally enforceable pursuant to the Statutes of the State of Texas and the ordinances of the City of Schertz; o!Not include any parking space area at the end of any private driveway in the calculation of maximum driveway length as set forth in the immediate previous section; ofBe allowed to be a "hammerhead" type private drive; oiComply with the building separation requirements and setbacks set forth in the Land Use Dimensional Requirements. Other Requirements •❑ Fire hydrants within any area where the land use is developed for Garden Homes shall be located along streets which have driveway access to such garden homes at intervals of no more than 300 feet. •❑ Each Multi- Dwelling Private Court may be separated from adjacent residences (if such adjacent residence is not part of a Multi- Dwelling Private Court), adjacent roads, or other Multi- Dwelling Private Courts by a Decorative Fence (as defined in The Crossvine PDD) which does not exceed 4' in height. •❑ Fences, air - conditioning units, or HVAC pads and similar obstructions shall not intrude into Mandatory Building Separation Areas. 12.2.1.1.5 Attached Residential Attached Residential contemplates attached dwelling units which are vertically separated from one another. There shall be no more than 4 dwelling units in each individual building. The included Land Use Dimensional Requirements provides further information regarding density, height, and related matters applicable to Attached Residential areas of development in Module IIA. All Attached Residential development in Module IIA shall be subject to site plan requirements in the UDC as modified herein. 2/13/14 26 12.2.1.1.6 Multifamily Multifamily contemplates attached dwelling units with both vertical and horizontal separation of individual units. Multifamily may be developed as either condominiums or apartments. The included Land Use Dimensional Requirements provides further information regarding density, height, and related matters applicable to Multifamily areas of development in Module IIA. All Multifamily development in Module IIA shall be subject to site plan requirements in the UDC as modified herein. 12.2.1.2.1 Commercial The included Land Use Dimensional Requirements provides further information regarding density, height, and related matters applicable to Commercial areas of development in Module IIA. All Commercial development in Module IIA shall be subject to site plan requirements in the UDC as modified herein. Any civic or governmental use shall be permitted in any area designated as Commercial. All of the area designated as Commercial in Module IIA shall be developed as General Business (GB) as set forth in the UDC as modified herein, provided, however, the following uses shall not be allowed: Airport, Heliport, or Landing Field Assisted Care or Living Facility Athletic Stadium, Private Automobile Parking Structure/ Garage Automobile Repairs & Service, Major Church, Temple, Synagogue, Mosque, or other Place of Worship College, University, Trade, or Private Boarding School Convenience Store w/ Gas Pumps Family or Group Home Gasoline Station/ Fuel Pumps Golf Course and/ or Country Club Heavy Equipment Sales, Service, or Rental Hospital Livestock Mortuary/ Funeral Home Theatre, Outdoor Trailer/ Manufactured Homes Sales 12.3 Land Use Dimensional Table (Exhibit 11(IIA)) 12.4.3 Land Use Allocation The density of Garden Homes, Attached Residential, and Multifamily differ from one another. Any area designated on the CMP -IIA as Multifamily may also be developed as Garden Homes or Attached Residential and any area designated on the CMP -IIA as Attached Residential may also be developed as Garden Homes. That area designated as Commercial located at the southeast corner of Lower Seguin and FM 1518 may be increased or decreased by up to 35% to accommodate changes in market demand. To the extent that 2/13/14 27 this Commercial area is decreased from that designated in the CMP -IIA, the area removed from the Commercial area shall be developed with the same land use as that non - Commercial area to which it is adjacent. 12.4.4 Mandatory Building Separation Areas The variable nature of the size of Garden Home Multi- Dwelling Private Courts and the imposition of a condominium regime on these development areas employs a concept of Mandatory Building Separation Areas rather than setbacks from lot lines. Notwithstanding anything to the contrary, there shall be the following Mandatory Building Separation Areas: Ten (10) feet: Between Garden Homes where each Garden Home is one (1) story in height Fifteen (15) feet: Between Garden Homes where one (or more) Garden Home is two (2) stories in height 2/13/14 28 Land Use Dimensional Requirements Module IIA Min. Lot Size and Use Category Minimum Setback or Building Separation Requirements (Ft.) Misc. Requirements Dimensions Rear - Resid Min. Pkg. Max. Home Size Garden Home Aggregate Width Depth or Front Ft. Side - Resid. (Bldg. Side Ft. Non- (Bldg Rear Ft. Non outside of Max. Height (Ft.) Max. Impery DUE Allocation (conditioned area) (in Area (SF) Depth (Ft.t. ) Width (Ft.) Separation) Resid. Resid Cover Separation) Driveway sq. ft.) GH(1) 3,825 45 85 18* 10 ** NA 10/15 * ** NA 0.5 38 85% 1 2,450 GH(2) (Indiv. Dwelling) 3,600 60 60 18* 10/15 * ** NA 10 /15 * ** NA 0.5 38 85% 1 2,550 Multi- Dwelling Private Courts Aggregate Width or Depth or Setback from Setback to side of House when Bldg Bldg Separation Min. Pkg. Max. Impery Max. Home Size (GH(2) onl y) Area Depth (Ft.) Width (Ft.) Private Drive` garage fronts Private Drive Separation (when one is 2 outside of Max. Height (Ft.) Cover DUE Allocation (conditioned area) (in (both 1 story) story) Driveway sq. ft.) 4 Residence Private Court 15,600 120 130 18* 10 ft. from ROW 10 ft. 15 ft. 0.5 38 85% 1 2,600 2 or 3 Residence Private Court 8,800 80 110 18* 10 ft. from ROW 10 ft. 15 ft. 0.5 38 85% 1 2,600 Commercial (GB) General Business 10,000 100 100 25 25 0 25 0 TBD 120 80% TBD NA Use Category Max. Units per Acre Minimum Setback or Building Separation Requirements (Ft.) Misc. Requirements Max. Indiv. Residence Attached Residential Parking Max. Height (Ft.) Max. Impery DUE Allocation Size (conditioned Cover (per residence) area) (in sq. ft.) 1.5/ one BR; 2/ two BR, 2.5/ 3+ AR(1) 9 SPA * * ** SPA * * ** SPA * * ** SPA * * ** SPA * * ** 38 85% 0.6 2,100 BR; +5 %of totalspaces Multi - Family Residential 1.5/ one BR; 2/ two BR, 2.5/ 3+ MFR 22 SPA * * ** SPA * * ** SPA * * ** SPA * * ** SPA * * ** 65 85% 0.6 NA BR; +5 %of totals aces *I8 ft. minimum setback is from property line to face of garage. For GH(I) and GH(2) (Indiv. Dwelling) porch, patio, courtyard or house may protrude into setback by no more than 10 ft. For GH(2) dwellings in Private Courts, porch, patio, courtyard or house may protrude into setback by no more than 13 ft. No portion of a dwelling may protrude into Public Utility Easements except by separate agreement with utility providers. * *Side yard setbacks shall provide for a 10 ft. separation between dwelling walls. One exterior wall of dwelling structures maybe located on lot line. If not located on the lot line then the side set back shall be adjusted between dwellings on adjacent lots to provide for a 10'separation between structures. * * *10 ft separation required between buildings if both dwellings are 1 story and 15 ft separation between buildings if one dwelling is 2 story. * ** *Setbacks shall be determined by Site Plan Approval +Private Drives of 100 ft. or less shall be 22 ft. wide; Private Drives of more than 100 ft., but less than 120 ft. shall be 28 ft. wide; no Private Drive shall exceed 120 ft.; designated parking at the end of Private Drives shall not be included in the calculation of driveway length. Note: Land Use Dimensional Requirements for DSFR(I), DSFR(2), and DSFR(3) have previously been established. M X Cr I—� Amendment to Sedona Trails PDD Section 13: Architectural Standards The following amendments to Section 13 apply only to Module IIA except to the extent specifically noted herein. All other provisions of The Crossvine PDD related to Architectural Standards shall remain in effect except as modified herein. 13.2 Standards: Module II 13.2.1 Accessory Buildings No accessory building will be permitted in any area developed as Garden Home. 13.2.2 Section 21.9.5.D of the UDC is amended to provide: Permanent attached structures for outside dining and patios shall be considered for determining the horizontal and vertical articulation of commercial buildings. 13.2.3 Section 21.9.5 of the UDC is amended to add the following: 13.2.3.1 Outside Patios, Dining Areas, and Common Areas (Commercial) 13.2.3.1.11-1 Outside patios and dining areas and common areas shall be permitted in areas designated for Commercial development. The patios or dining areas may include permanent attached structures for shade areas, arbors, and similar designated areas as part of the overall building area. 13.2.3.1.20 Water pressure misting devices, outdoor heaters, and similar devices will be allowed in these areas. 13.2.3.1.30 Decorative pavers, stamped concrete, or decking may be used in areas designated for outside patios, dining areas, or common areas. 13.2.3.1.4 Open pedestrian access to these areas will be permitted. 2/13/14 29 Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: March 4, 2014 Department: Development Services Ordinance No. 14 -S -09 — Conduct a Public Hearing and consideration and/or action on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 1 General Provisions. (First Reading) BACKGROUND As stated in the UDC, City Council from time to time, on its own motion, or at the recommendation of City Staff make amendments, change or modify text to any portion of the UDC to establish and maintain sound stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals and State and Federal regulations. Based on the update to the Comprehensive Land Use Plan and changes in development it has become necessary to update the UDC. This amendment was drafted by Planning Staff and reviewed by the City Attorney (Katherine Tapley, Norton Rose Fulbright). The public hearing notice was published in "The Daily Commercial Recorder" and the "Herald" on February 14, 2014. A public hearing was conducted at the January 8, 2014 Planning and Zoning Commission meeting where staff discussed the proposed amendments with the Commission to gain input from the Commission and receive public comment. A final public hearing was conducted at the January 22, 2014 Planning and Zoning Commission meeting. PROPOSED AMENDMENTS: • ❑ Minor text amendments have been made to a reference to the Master Thoroughfare Plan and to refine language to be consistent with the Texas Local Government Code (LGC). This includes the elimination of the Sections related to Minimum Requirements; Effective Date; and Severability. C ETCOt70C ME10 LIEUDI T10 ❑ ❑110ED 1 • ❑ Sec. 21.1.4 Jurisdiction was modified in order to provide consistency with LGC as well as a list of Articles that will assist both the public and staff to understand what portions of the UDC apply to properties located in the Extraterritorial Jurisdiction (ETJ). • ❑ Sec. 21.1.5 Consistency with the Comprehensive Land Use Plan (CLUP) was modified to remove text that exists in the CLUP to eliminate any conflict with the UDC. • ❑ Sec. 21.1.6 Vested Rights "Issuance of Local Permits" was modified to include definitions, a procedure to claim vested rights, obtain a determination and appeal of the decision as well as a procedure that allows the Planning and Zoning Commission to extend the vested rights expiration date. Over the last two years City Staff has had several cases where developers have requested vested rights on a project and State Law provides landowners or developers an opportunity to vest (grandfather) regulations that apply to their project. The UDC has an existing section regarding vested rights but with the increased requests the modification to include procedures and expiration dates will assist in process a request. Goal To amend the UDC to review and update the development regulations due to changing conditions, community goals and State and Federal regulations as well as establish and maintain sound stable and desirable development. 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 Review and approve Ordinance 14 -S -09 amending the UDC, Article 1 General Provisions. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on January 22, 2014 and offered a recommendation of approval. Staff recommends approval of Ordinance 14 -S -09 an amendment to the Unified Development Code (UDC), Article 1 General Provisions as presented. ATTACHMENT Ordinance No. 14 -S -09 ORDINANCE NO. 14 -S -09 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 1 GENERAL PROVISION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance No. 10 -S -06, the City of Schertz, Texas (the "City ") adopted as Amended and Restated Unified Development Code on April 13, 2010, as further amended (the "Current UDC "); and WHEREAS, City Staff and has reviewed the Current UDC and have recommended certain revision and updates to, and reorganization of, the Current UDC; WHEREAS, all required notices have provided; and WHEREAS, on January 8, 2014 the Planning and Zoning Commission conducted a public hearing to receive public comment; and WHEREAS, on January 22, 2014 the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval; and WHEREAS, on March 4, 2014 the City Council conducted a public hearing and determined that the proposed amendments are appropriate and in the interest of the public safety, health and welfare; 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. 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 4th day of March, 2014. PASSED, APPROVED and ADOPTED ON SECOND READING, the 11th day of March, 2014. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) Exhibit A Unified Development Code Article 1 General Provisions See Attached 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 and Master Thoroughfare 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 community; • ❑ 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. Sec. 21.1.4 Jurisdiction The provisions of this UDC apply to all property within the corporate limits of the City and in the Extraterritorial Jurisdiction (ETJ) as listed in part B below. A. ❑ Jurisdiction within City Limits The City has the statutory authority to exercise a broad range of powers within its City limits. Many of those powers are specifically authorized by Chapters 211, 212, and 216 of Texas Local Government Code, as amended (LGC). All provisions of this UDC apply within the City limits. B. ❑ Jurisdiction within Extraterritorial Jurisdiction The City extends to its ETJ the regulation of subdivisions and property development adopted under LGC Chapter 212. The City also extends to its ETJ its authority to regulate signage as adopted under LGC Chapters 216, 245, and 43 in its ETJ. The following Articles of this UDC apply within the ETJ: 1. []Article 1 — General Provisions, 2. El Article 3 — Boards and Commissions 3. El Article 4 — Procedures and Applications 4. []Article 9 — Sec. 21.9. 10 Parkland and Open Space Dedication Requirements 5. ❑Article 9 — Sec. 21.9.11 Lighting and Glare Standards 6. F1 Article 11 — Signs and Advertising Devices 7. LArticle 13 — Land Disturbing Activities 8. []Article 14 — Transportation 9. El Article 15 — Easements and Utilities 10. [Article 16 — Definitions Sec. 21.1.5 Consistency with Comprehensive Land Plan and Master Thoroughfare 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 provide for adequate and necessary public facilities and service. Sec. 21.1.6 Vested Rights "Issuance of Local Permits" A. Introduction LGC Chapter 245 — Issuance of Local Permits, commonly referred to as the State's "Vested Rights Law ", provides an opportunity for landowners or developers to "grandfather" or "vest" government regulations that apply to development at the time of the filing of a permit application. The City has established in this section an administrative procedure for consideration of any claim of a vested right. B. Definitions The following terms shall have the meaning hereinafter ascribed to them under this section: "Project" means an endeavor over which the City (a regulatory agency, as defined by LGC Chapter 245) exerts its jurisdiction and for which one or more permits are required to initiate, continue, or complete the endeavor. "Permit" means a license, certificate, approval, registration, consent, permit, contract, or other agreement for construction related to, or provisions of, service from a water or wastewater utility owned, operated, or controlled by the City, or other form of authorization required by law, rule, regulation, order or ordinance that a person must obtain to perform an action or initiate, continue, or complete a Project for which the permit is sought. (i.e. master plan, preliminary plat or final plat) C. ❑ Administrative Procedure for Consideration of Claim of Vested Rights Any property owner claiming vested rights under Chapter 245 of the LGC, or other applicable vesting law, shall submit a letter explaining in sufficient detail the basis upon which the property owner is claiming vesting and, consequently, is exempt from or not subject to a particular current regulation, ordinance, rule, expiration date, or other requirement. Such written submission shall include, at a minimum, the following: 1. ❑The name, mailing address, and telephone number of the property owner (or the property owner's duly authorized agent); 2. ❑Identification of the property, including the address (if it exists) and the plat reference (if it exists) or metes and bounds (if not platted), for which the property owner claims a vested right; 3. F] Provide Project name, type of Permit and date the Permit was filed; 4. ❑If a property owner claims that certain regulations do not apply to the Project, the property owner must identify, with particularity, all requirements that the property owner claims do not apply; and 5. ❑ Attach all supporting documents, if any. The letter should be addressed to the City of Schertz Planning and Zoning Department. D. Vested Rights Determination. The Planning and Zoning Department will review the request and supporting documents and issue a final administrative determination of whether a vested right exists in relation to the Project, and shall identify in writing to the property owner all claims for which vested rights have been granted (the "Vested Rights Determination "). E. Board of Adjustment Appeal. If the property owner believes that the Vested Rights Determination is in error, the property owner shall have the right to appeal such Vested Rights Determination to the Board of Adjustment, which will have jurisdiction to hear and decide the appeal pursuant to the UDC and LGC Chapter 211— General Zoning Regulations. As part of such appeal, the property owner may, but is not required to, also request the Board of Adjustment grant a variance from the regulations under the same standards governing variances for other matters, as set forth in the UDC and LGC Chapter 211. F. Recognition of Vested Rights 1. Basis for Vested Rights Only a Project which was in progress (as defined by LGC Section 245.003) or for which a completed Permit application was filed after September 1, 1997 may be eligible to claim vested rights; any Project for which the completed Permit application was filed prior September 1, 1997, or has expired, is not eligible. 2. ❑The following Permits (as well as other Permits satisfying the requirements of this UDC and LGC Chapter 245), which include Master Development Plan, Plat Application, and Plat, may be relied on by a property owner or developer to establish certain vested rights for a Project. A Project will expire in five (5 ) years from the date the first Permit application was filed for the Project with the City if progress, as defined in LGC Section 245.005, has not been made towards completion of the Project. An expired Project is considered dormant, vested rights lapse and the Project must comply with current ordinances and requirements. a. Master Development Plan (MDP) Vested rights under LGC Chapter 245 will be recognized on the Project which is the subject of a valid and unexpired MDP that has been approved by the City. Any Vested rights based on an approved MDP will expire two (2) years from the approval of the MDP, unless a final plat is approved within two (2) years from the approval of the MDP. An expired or invalid MDP may not be the basis for accrual of vested rights under LGC Chapter 245. b. Plat Applications Vested rights under LGC Chapter 245 will be recognized for the Project that is the subject of a completed application for a plat that has been filed with the Planning and Zoning Department, provided all necessary fees have been paid. The vested rights recognized for a Project located within the area being platted by such a plat application will expire two (2) years after the date of the initial plat application, provided fair notice is provided with the plat application in accordance with LGC Chapter 245, unless the plat application is heard by the Planning and Zoning Department and approved within two (2) years after the date of the initial application. Neither an expired nor a withdrawn plat application may be relied upon as a Permit for the declaration of vested rights under LGC Chapter 245. If after the expiration or the withdrawal of a plat application the applicant wishes future plat approval of the subject property, a new plat application must be filed and new application fees shall be required. c. Plats Vested rights under LGC Chapter 245 will be recognized for a Project associated with the property which is the subject of a plat that has been approved by the City Planning and Zoning Commission or Director of Development Services for the City provided that fair notice is provided with the plat application in accordance with LGC Chapter 245. The vested rights recognized for a Project located within the area platted by an approved plat will expire two (2) years after the date of plat approval unless the plat is recorded in the County Deed Records within two (2) years after the date of approval by the Planning and Zoning Department. d. Other Permits For the purposes of determining whether any vested rights exist, any other Permit for which an expiration date is not specifically set forth in this UDC or in other applicable law shall expire two (2) years after the date the application for the Permit was filed with the City if progress, as defined in LGC Section 245.005, has not been made towards completion of the Project. 2. Vested Rights under LGC Chapter 245 shall not extend beyond the time periods prescribed herein except for the express granting of an extension in writing by the Planning and Zoning Commission from the time limits. The Planning and Zoning Commission may extend the expiration date for a period not to exceed one (1) year at the request of the property owner, when an investment in infrastructure has been made in order to comply with provisions of the UDC and has been accepted by the City of Schertz. The property owner must submit a letter, a minimum of 30 days prior to the expiration of the application, that provides justification for the request which identifies the reason for the request and shows that a good faith attempt has been made to begin or continue towards completion of the project. Determination of an extension is at the sole discretion of the Planning and Zoning Commission. Sec. 21.1.7 Apportionment of Municipal Infrastructure Costs (Rough Proportionality) A. El If the City requires as a condition of approval for a property development project that the property owner bear a portion of the costs of municipal infrastructure improvements through dedication of property to the City, the payment of impact fees, the payment of construction costs, or the payment of other infrastructure related costs authorized by applicable law, the property owner's portion of the costs may not generally exceed the amount required for infrastructure improvements that are roughly proportionate to the proposed development as approved by the City Engineer. B. ❑ A property owner who disputes the determination made by the City Engineer under Subsection A. above must appeal to the City Council in accordance with UDC, Sec. 21.4.14 Appeals, or the City Engineer's determination is final. At the appeal, the property owner 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 as to the appeal within thirty (30) days after the final submission of any testimony or evidence by the property owner. C. ❑ A property owner may appeal the determination of the City Council to a county or district court of the county in which the development is located within thirty (30) days after the final determination by the City Council. D. ❑ The City may not require a property owner to waive the right of appeal authorized by this section as a condition of approval for a development project. Sec. 21.1.8 Violations and Penalties Any person, firm, 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 any project or facility in violation of any detailed statement of specification or 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 as determined by statute. 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 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. 21.1.9 V The issuance or granting in error of a permit or approval of plans or plats, site designs, or specifications shall not be construed to be a permit for, or an approval of, a 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. Sec. 21.1.10 Development Manual The Development Manual is prepared by the City of Schertz Planning and Zoning Department and is hereby adopted by reference as if set forth in full. The Development Manual shall contain application forms, required application materials, fees, and application submittal deadlines. The Development Manual may be amended by the City Manager or his/her designee from time to time. Sec. 21.1.11 Public Works Specification Manual The Public Works Specification Manual prepared by the City of Schertz Public Works Division is hereby adopted by reference as if set forth in full. The Public Works Specification Manual shall contain specifications necessary to complete public projects. The Public Works Specification Manual may be amended by the City Manager or his /her designee from time to time. End of Article 1 Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: March 4, 2014 Department: Development Services Ordinance No. 14 -S -10 — Conduct a Public Hearing and consideration and/or action on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 3 Boards, Commissions and Committees. (First Reading) BACKGROUND As stated in the UDC, City Council from time to time may make amendments, change or modify text to any portion of the UDC to establish and maintain sound stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals and State and Federal regulations. This amendment was drafted by Planning Staff and reviewed by the City Attorney (Katherine Tapley, Norton Rose Fulbright). The public hearing notice was published in "The Daily Commercial Recorder" and the "Herald" on February 14, 2014. A public hearing was conducted at the January 8, 2014 Planning and Zoning Commission meeting where staff discussed the proposed amendments with the Commission to gain input from the Commission and receive public comment. A second public hearing was conducted at the January 22, 2014 Planning and Zoning Commission meeting to receive public and commissioner comment. Action on this item was postponed to the February 12, 2014 Planning and Zoning Commission meeting to allow staff to incorporate Commissioner comments into the document. A final public hearing was conducted at the February 12, 2014 Planning and Zoning Commission meeting. PROPOSED AMENDMENTS: • ❑ Text amendments were made to Article 3 in order to provide consistency with the City Charter and with each Board, Committee and Commissions by -laws. COLLCOOOFUMEE-1 ❑FFLIODl11 ❑ ❑ [ ]EIDE] • ❑ Minor text amendments have been made to correct the title of Transportation Safety Advisory Commission (TSAC). • ❑ Text amendments were made to Section 21.3.3 to clarify the Commission's approval authority of an amending and minor plat as requested by the Commission. • ❑ Text amendments have been made to Section 21.3.5 Administrative Authority to clarify the review and recommendation authority. Goal To amend the UDC to review and update the development regulations due to changing conditions, community goals and State and Federal regulations as well as establish and maintain sound stable and desirable development. 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 Review and approve Ordinance 14 -S -10 amending the UDC, Article 3 Boards, Commissions and Committees. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on February 12, 2014 and offered a recommendation of approval. Staff recommends approval of Ordinance 14 -S -10 an amendment to the Unified Development Code (UDC), Article 3 — Boards, Commissions and Committees as presented. ATTACHMENT Ordinance No. 14 -S -10 ORDINANCE NO. 14 -S -10 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 3 BOARDS, COMMISSIONS AND COMMITTEES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance No. 10 -S -06, the City of Schertz, Texas (the "City ") adopted as Amended and Restated Unified Development Code on April 13, 2010, as further amended (the "Current UDC "); and WHEREAS, City Staff and has reviewed the Current UDC and have recommended certain revision and updates to, and reorganization of, the Current UDC; WHEREAS, all required notices have provided; and WHEREAS, on January 8, 2014 the Planning and Zoning Commission conducted a public hearing to receive public comment; and WHEREAS, on January 22, 2014 the Planning and Zoning Commission conducted a public hearing to receive public comment; and WHEREAS, on February 12, 2014 the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval; and WHEREAS, on March 4, 2014 the City Council conducted a public hearing and determined that the proposed amendments are appropriate and in the interest of the public safety, health and welfare; 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. 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 4th day of March, 2014. PASSED, APPROVED and ADOPTED ON SECOND READING, the 11th day of March, 2014. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) Exhibit A Unified Development Code Article 3 Boards, Commissions and Committees See Attached Article 3 Boards, Commissions and Committees See. 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. ❑ Authority Granted The City Council, Planning and Zoning Commission, Board of Adjustment, Parks and Recreation Advisory Board, Historic Preservation Committee and Transportation Safety Advisory Commission have the powers and authority as granted by State law, the City Charter and the Code of Ordinances to initiate, undertake, and decide matters as identified in this UDC. Sec. 21.3.2 City Council A. ❑ Duties and Approval Authority In addition to other rights of approval, the City Council shall render final decisions pertaining to applications for development on the following applications: 1. ❑ amendment to the Comprehensive Land Plan; 2. ❑ establish or amend a zoning district map classification, including creation or amendment of an overlay district; 3. ❑ amendment to the UDC; 4. ❑ annexation; 5. ❑ a Development Agreement within the City's corporate boundaries and in the City's ETJ; 6. El rezoning requests including applications for a Specific Use Permit; 7. ❑ Historic Landmark or District Designation; 8. ❑ an appeal of the decision of any City Board, Commission or Committee, except the Board of Adjustment or as expressly provided for in this UDC or the Local Government Code. Sec. 21.3.3 Planning and Zoning Commission A. ❑ Structure of the Commission The Planning and Zoning Commission is established in accordance with the City Charter and Commission members are appointed by the City Council. B. ❑ 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 applications: a. ❑ amendment to the Comprehensive Land Plan; b. ❑ establish or amend a zoning district map classification, including creation or amendment of an overlay district; c. ❑ rezoning requests including an application for a Specific Use Permit. d. ❑ amendment to the UDC; and e. ❑ a Development Agreement as set forth in the LGC and this UDC; 2. ❑ The Planning and Zoning Commission shall have final approval authority on the following applications: a. ❑ Subdivision Master Plan. b. ❑ preliminary plat; c. ❑ final plat; d. ❑ amending plat; if forwarded by the City Manager or his /her designee. e. ❑ minor plat; if forwarded by the City Manager or his/her designee. f. ❑ replat; and g. ❑ waivers relating to Article 12, Subdivisions. Sec. 21.3.4 Board of A. ❑ Structure and Procedure of the Board of Adjustment 1. ❑ Composition and Procedures a. ❑ The Board of Adjustment (BOA) is established in accordance with the City Charter and provision of Chapter 211 of the Texas Local Government Code (LGC). The Board members are appointed by the City Council. Each case before the BOA must be heard by at least 75 percent of the members. 2. ❑ Vote Required for Decisions a. ❑ The concurring vote of four (4) of the five (5) members of the BOA is necessary to: i. ❑ reverse an order, requirement, decision or determination of an administrative official; or ii. ❑ authorize a variation from the terms of a zoning regulation. B. ❑ 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. a. ❑ 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. 2. El 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 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. In order to make 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 amendments; b. ❑ 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; c. ❑ the hardship is in no way the result of the applicant's own actions; or d. ❑ 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. See. 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 Approval Authority 1. ❑ The City Manager or his /her designee shall have the authority to review and make a recommendation to the appropriate approval body on the following applications: a. ❑ amendment to the Comprehensive Land Plan; b. ❑ establish or amend a zoning district map classification, including creation or amendment of an overlay district; c. ❑ rezoning requests including an applications for a Specific Use Permit; d. ❑ amendment of this UDC; e. ❑ annexation; f. ❑ a Development Agreement within the City's corporate boundaries and in the City's ETJ; g. ❑ Historic Landmark or District Designation; h. ❑ an appeal of the decision of any City Board, Commission, Committee or staff as authorized by this UDC; i. ❑ Subdivision Master Plan; j. El preliminary plat; k. ❑ final plat; 1. ❑ replat; and m. ❑ 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. ❑ a minor plat, as authorized by this UDC and LGC Section 212.0065. However, the City Manager or his /her designee may forward the plat to the Planning and Zoning Commission for approval; b. ❑ an amending plat, as authorized by this UDC, and LGC Section 212.0065. However, the City Manager or his /her designee may forward the plat to the Planning and Zoning Commission for approval; c. ❑ a Certificate of Determination, as authorized by this UDC and LGC Section 212.0115. However, the City Manager or his /her designee may forward the request to the Planning and Zoning Commission for determination; d. ❑ a site plan; and e. ❑ other applications as authorized by this UDC. Sec. 21.3.6 Other Boards, Commissions and Committees A. ❑ Parks and Recreation Advisory Board 1. ❑ Structure of the Parks Board The structure of the Parks Board shall be as set forth by the City Council in establishing the Parks Board. 2. ❑ Duties and Approval Authority The Parks Board shall serve as an advisory board to the City Council and may review and make recommendations on the following matters: a. ❑ parks and recreation improvements and amenities included with any parkland dedication; and b. ❑ creation, amendment or updates to the Parks and Open Space Master Plan of the City. B. ❑ Historic Preservation Committee 1. ❑ 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. 2. ❑ 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. ❑ Transportation Safety Advisory Commission 1. ❑ Structure of the Transportation Safety Advisory Commission (TSAC) The structure of the TSAC shall be as set forth by the City Council in establishing the TSAC. 2. ❑ Duties and Approval Authority 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 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 matters related to transportation safety; b. ❑ develop safety materials to be used for promotional activities; c. ❑ develop research materials needed for promotion of transportation safety; d. ❑ develop a transportation safety plan for the City; e. ❑ review proposed transportation and traffic ordinances and make recommendations to the City Council; and f. ❑ participate in fact finding trips, conferences, and seminars related to transportation and traffic safety. End of Article 3 Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: March 4, 2014 Department: Development Services Ordinance No. 14 -S -11 — Conduct a Public Hearing and consideration and/or action on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 16 Definitions specifically the definition "Lot of record ". (First Reading) BACKGROUND As stated in the UDC, City Council from time to time may make amendments, change or modify text to any portion of the UDC to establish and maintain sound stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals and State and Federal regulations. Staff is proposing a text amendment to the definition for "Lot of Record" to clarify the definition to ensure that Commercial or Residential building permits are issued for legally platted tracts of land. The current definition allows a property owner of a tract of land to be issued a building permit on an unplatted lot. PROPOSED AMENDMENTS: Current definition (Ordinance 11- S -15): Lot of record: A lot which is part 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. Proposed definition: Lot of record: A lot which is part of a subdivision, the plat having been duly approved by the appropriate authority and recorded in the office of the County recorder of deeds and records. The public hearing notice was published in "The Daily Commercial Recorder" and the "Herald" on February 14, 2014. C OLEC OLIE M E11 0000000 O 000000 Goal To amend the definition of "Lot of record" to ensure that Commercial and Residential building permits are issued for lots that are legally platted; promote sound planning and desirable development. 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 Review and approve Ordinance 14 -S -11 amending the UDC, Article 16 Definitions to the following: Lot of record: A lot which is part of a subdivision, the plat having been duly approved by the appropriate authority and recorded in the office of the County recorder of deeds and records. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on February 12, 2014 and offered a recommendation of approval. Staff recommends approval of Ordinance 14 -S -11 an amendment to the Unified Development Code (UDC), Article 16 — Definitions specifically to the definition "Lot of record" as presented. ATTACHMENT Ordinance No. 14 -S -11 ORDINANCE NO. 14 -S -11 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 16 DEFINITIONS SPECIFICALLY THE DEFINITION "LOT OF RECORD "; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance No. 10 -S -06, the City of Schertz, Texas (the "City ") adopted as Amended and Restated Unified Development Code on April 13, 2010, as further amended (the "Current UDC "); and WHEREAS, City Staff and has reviewed the Current UDC and have recommended certain revision and updates to, and reorganization of, the Current UDC; WHEREAS, all required notices have provided; and WHEREAS, on February 12, 2014 the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval; and WHEREAS, on March 4, 2014 the City Council conducted a public hearing and determined that the proposed amendments are appropriate and in the interest of the public safety, health and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The current UDC, Article 16 is hereby amended as follows: Lot of record: A lot which is part of a subdivision, the plat having been duly approved by the appropriate authority and recorded in the office of the County recorder of deeds and records. 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 4th day of March, 2014. PASSED, APPROVED and ADOPTED ON SECOND READING, the 11th day of March, 2014. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL)