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03-11-2014 Agenda with backupCity Council REGULAR SESSION CITY COUNCIL March 11, 2014, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treated Work together cooperatively as a team Call to Order — City Council Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Pastor Stephen E. Prescod, Church of the First Born) 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. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 03 -11 -2014 Council Agenda 1. Minutes - Consideration and /or action regarding the approval of the minutes of the regular meeting of March 4, 2014 Q. Kessel/B. Dennis) 2 Ordinance No. 14 -S -08 - ZC2013 -007 — Consideration and /or action approving an Ordinance to amend the Crossvine Planned Development District (PDD) zoning generally located west of FM 1518 at Lower Seguin Road. Final Reading (B. James /M. Sanchez/L. Wood) 3. Ordinance No. 14 -S -09 — Consideration and /or action approving an Ordinance amending Part III Schertz Code of Ordinances, Unified Development Code (UDC), Article 1 General Provisions. Final Reading (B. James /M. Sanchez /L. Wood) 4. Ordinance No. 14 -S -10 — Consideration and/or action approving an Ordinance amending Part III Schertz Code of Ordinances, Unified Development Code, (UDC) Article 3, Boards, Commissions and Committees. Final Reading (B. James/M. Sanchez /L. Wood) 5. Ordinance No. 14 -S -11 — Consideration and /or action approving an Ordinance amending Part III Schertz Code of Ordinances, Unified Development Code, UDC Article 16 definition lot of record. Final Reading (B. James/M. Sanchez /L. Wood) Discussion and Action Items 6. Ordinance No. 14 -T -13 — Consideration and/or action approving an Ordinance authorizing a budget adjustment for the Development Incentive Fund for the Development Agreement, GE Oil and Gas, Inc. incentive; repealing all Ordinances or Parts of Ordinances in conflict with this Ordinance; and providing an effective date. (J. Kessel /D. Gwin) First Reading Roll Call Vote Confirmation Requests and Announcements 7. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 9. 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 03 -11 -2014 City Council Agenda Page - 2 - • Recognition of actions by community volunteers • Upcoming City Council agenda items 10. Information available in City Council packets — NO DISCUSSION TO OCCUR Schertz Economic Development Corporation • Reimbursement per the City's Development Agreement with Caterpillar • Reimbursement per the City's Development Agreement with Capital Group Schertz - Cibolo- Universal City Independent School District • 4th Quarter 2013 District Housing Activity Report Adiournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 7" DAY OF MARCH 2014 AT 4:00 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. -F,revx. p Devon s 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 03 -11 -2014 City Council Agenda Page - 3 - 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 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 -11 -2014 City Council Agenda Page - 4 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: March 11, 2014 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a regular meeting on March 4, 2014. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting on March 4, 2014. ATTACHMENT Minutes — regular meeting March 4, 2014 MINUTES REGULAR MEETING March 4, 2014 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March 4, 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 Cedric Edwards Staff Present: Executive Director John Bierschwale City Attorney Charles Zech City Secretary Brenda Dennis Mayor Pro -Tern David Scagliola Councilmember Daryl John Councilmember Matthew Duke City Manager John Kessel Executive Director Brian James Chief of Staff Bob Cantu Deputy City Secretary Donna Schmoekel Call to Order �® Mayor Carpenter called the Regular Meeting to order at 6:02 p.m. Invocation and Pledges of Allegiance to the Flats of the United States and the State of Texas Mr. Ken Ratcliff, Schertz Church of Christ, provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Mayor Carpenter recognized the following that were in the audience this evening: 4 • Guadalupe County Judge Larry Jones and his wife • Boy Scouts Jack Wallace, Benny Bosewell, and Patrick Oyston from Troop 512 Mayor Carpenter announced if anyone was present this evening who was participating and joining us for the Hal Baldwin Scholarship this evening, to please sign the sign -up sheet in the back before you leaves® Mayor Carpenter stated that Mrs. Mary Burks was present this evening. Mayor Carpenter stated that she was appointed by Mayor Roy Richard to serve on the Schertz Citizens Advisory Council in the late 60's. Mayor asked if Council would indulge him for a moment and asked Mrs. Burks to join him at the podium. Mayor Carpenter stated it was so important for citizens like Mrs. Burks who volunteered her time to serve on the Schertz Citizens Advisory Committee for so many years providing her guidance to the Mayor and Councilmembers through the years. Mayor Carpenter thanked Mrs. Burks for serving the city. Mayor Carpenter recognized Mrs. Burks who stated Schertz was a very small town when she came to live here. She raised seven children here, all of whom graduated in Schertz and she is glad Schertz has grown into a beautiful place and that everyone is working to make it better. 03 -04 -2014 Minutes Page - t - City Events and Announcements • Announcements of upcoming City Events (J. BierschwaleB. James) Mayor Carpenter recognized Executive Director Brian James who provided the following announcements and upcoming events: • 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. • Northeast Partnership Meeting & Luncheon for March has been cancelled. • Tuesday, March 18, 2014, Schertz Chamber Luncheon, 1 1:30 a.m., Schertz Civic Center. k, • Thursday, March 20, 2014, Employee Remembrance Day, Noon, 10 Commercial Place. • Friday, March 21, 2014, SCUCISD Education Foundation Golf Tournament, 11:30 a.m., Olympia Hills Golf & Conference Center, Universal City. • Friday, March 21, 2014, TML Region 7, Training begins at 3:30 p.m., Reception 5:00 p.m., Dinner 6:00 p.m., Leon Civic Center, Uvalde, 324 E. Main Street. Please RSVP to Brenda Dennis no later than March 14, 2014. • Thursday, April 10, 2014, Community Volunteer Fair, 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. The last announcement is that the Schertz Police Department is kicking off a focus program for DWI offenses for two weeks due to receiving a grant from the state of Texas to get more officers on the street over Spring Break. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated that four staff members have recently passed the Certified Animal Officers test; two new employees, Jacob Evans and Edward Armstrong with Animal Services and two Park staff employees, Scott Duever and Dean Midlick, who took it upon themselves to get crossed trained, they are not normally assigned to Animal Service duties. Mr. Kessel congratulated the employees on their accomplishment. Hearing of Residents: Councilmember Duke arrived at 6:10 p. m. Mayor Carpenter recognized the following who spoke: • Mrs. Maggie Titterington, Schertz Chamber President who provided the following on the Chambers' upcoming events: 03 -04 -2014 Minutes Page - 2 - March 7, 2014 — Dance Fit Schertz Jazzercise Ribbon Cutting, 1420 Schertz Parkway, Suite 100, 10:45 a.m. March 13, 2014 - Doss Audiology After Hours Mixer, 5000 Schertz Parkway, 5:30 p.m. March 26, 2014 - Gunn Chevrolet Grand Opening & Ribbon Cutting, 16550 IH 35, 11:00 a.m. March 28, 2014 - Employer Compliance Workshop, Chamber offices, 8:00 a.m. She stated that four (4) DECA Students made it to National competition; 3 students are from Samuel Clemens High School and one is from Byron Steele High School. If they win they go to International competition. However, at the national level is where they get their college scholarship money. Ms. Titterington also pointed out the chamber membership now stands at 326 members. Over 60 percent of the members are Schertz businesses but we have over 90 miles of membership with the farthest member being located in Austin. • City Secretary Brenda Dennis, Missy Carpenter, and Marshall Carpenter who came forward surprising Mayor Carpenter with a 45th Birthday cake. Members of the audience were asked to sing happy birthday. Mayor Carpenter turned the meeting over to Mayor Pro -Tem Scagliola. Mayor Pro -Tem Scagliola called for a ten minute recess so that one could enjoy a piece of Mayor Carpenter's birthday cake. Mayor Pro-Tern Scagliola essed the regular meeting at 6:20 p.m. Mayor Carpenter reconvened into regular session at 6:30 p.m. and thanked everyone for their birthday wishes. Worksession %*Voy • Presentation, discussion and possible action regarding Microsoft Office 365 Software Agreements and internet upgrade. (B. James/M. Clauser) wr Mayor Carpenter recognized Senior Systems Engineer Kyle Gaertner who provided a power point presentation discussing the research performed and options available in their recommendation of purchasing the Microsoft 365 Software Agreements and internet upgrade. Mr. Gaertner stated the City is currently running Exchange 2003 on Windows Server 2003. He also stated that after looking at costs, reliability, security, and other considerations, the IT Department recommends the purchase of Microsoft Office 365. This will be a reliable, secure, and continuously updated system. It will also cost approximately $10,000 less per year than the Google option and approximately $80,000 less over a 5 year period than the "in house" option. Mr. Gaertner addressed the following questions from Mayor and Council: 1) We are on a five year update cycle now. Will that go away with the purchase of the recommended software of Microsoft Office 365? Answer: Yes, we will be on a continuous cycle of updating instead of every five years. 03 -04 -2014 Minutes Page - 3 - 2) What about new training requirements? Answer: Once we are using Microsoft Office 365, any future training will be minimal as we already have the basics. 3) There is not a service contract? Answer: This is just for deployment and implementation? One of the resolutions is for us to enter into a 3 year contract for service with Microsoft. The other resolution is for working with Liftoff, which Microsoft will cover the migration expense. They have not looked at any further contract right now as the support coming from the purchase with Microsoft is sufficient. 4) There will no longer be a local server; it will be all cloud? An employee located anywhere that has internet access can get to their office information through this connection? Answer: Yes. 5) So there will no longer be a local server, no labor or maintenance on a server, no power consumption in our data center, no necessity for a data recovery plan and it is compliant with Criminal Justice Information Systems (CJIS) security requirements? Answer: Yes. 6) In addition to saving the City a lot of money, will this allow us to also shift some of the workload in the Information Technology (IT) Department to more project based workloads instead of maintenance based workloads? Answer: Yes. 7) How secure is this option? Answer: Very secure. There will be audit trails and the only people who can get to the data will be us. The data will not be used for any other purposes but for in house personnel use. It is totally compliant with CJIS requirements. 8) If we have issues during migration and launch of the new system, or experience complete failure, can we move back to our old system? Answer: Yes. Implementation will be in phases so the current system will still be available during this time and if we have problems later, we can always turn it back on. 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. KesselB. Dennis) Mayor Carpenter recognized Mayor Pro -Tem Scagliola, who moved, seconded by Councilmember Edwards, to approve the minutes of the regular meeting of February 25, 2014, and the minutes of the Special Retreat Workshop of February 27, 2014. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and Duke voting yes and no one voting no. Motion Carried 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) The following was read into record: 03 -04 -2014 Minutes Page - 4 - 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 Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Mayor Pro- Tern Scagliola, to approve Resolution No. 14 -R -19. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and Duke voting yes and no one voting no. Motion Carried A ""�v 3. Resolution No. 14 -11-20 — 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) %111 The following was read into record: RESOLUTION NO. 14 -R v A RESOLUTION BY THE CITY COUNCIL OF THE CTWOF SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT WITH IFTOFF LLC FOR IMPLEMENTATION OF OFFICE 365 EMAIL UPGRADES, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Fowler, who moved, seconded by Councilmember Edwards, to approve Resolution No. 14 -R -20. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and Duke voting yes and no one voting no. Motion Carried 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) The following was read into record: 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 Mayor Carpenter recognized Councilmember Edwards who stated it is smart that we do this and that we need the options of having two carriers. IT Manager Myles Clauser stated the reality is that the current connection we have is slower than what most everyone has at home. 03 -04 -2014 Minutes Page - 5 - Councilmember Fowler asked how far in the future this upgrade will take us. Mr. Clauser explained it would need to be revisited in two to three years. This is an interim step that allows us to do some necessary infrastructure and will allow us to gauge what the real impact is going to be. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated since payment for this is coming out of the General Fund Contingency, is this a wise way to spend it? City Manager John Kessel replied that for this fiscal year the budget was $110,000 and he strongly believes it is a very wise decision as this is a critical life safety service to the public rather than a quality of life service. We do not want to wait too long and hav communication system fail during a community emergency (i.e., a flood). Mayor Carpenter stated that just to clarify; this money is coming out of budgeted funds rather than from reserves, and he has no problem with the 6expenditure for this purpose. `` Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Duke to approve Resolution No. 14 -R -1. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, Jo Edwards and Duke voting yes and no one voting no. Motion Carried. 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. Van Zandt) The following was read into record: 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. Mayor Carpenter recognized Executive Director of Development Brian James who stated last year Parks applied for a CDBG grant for ADA accessibility pathways through some of our Parks. This year's submittal time frame came in and with the City taking over the Senior Center we are thinking of how we could use these funds. The biggest issue with the Senior Center is the meal program. He stated they would like to have greater flexibility with that such as either reducing the cost of the meals or subsidizing the people who would qualify for a reduced rate. Mr. James stated although we are not sure yet how we will spend the grant money, as with last year we are matching the applied for grant with $10,000 in order to get a grant for $10,000 to spend on the program. Mayor Carpenter recognized Mayor Pro-Tern Scagliola who stated hopefully we would get the grant again this year. Park Manager Chuck Van Zandt stated that yes, in FY 2012 -13 we did get a grant of $61,844, which was a 50150 match of funding for ADA improvements for Pickrell Park and we are currently working with our Engineering Department staff to develop construction documents so we can move forward and get the trail built. 03 -04 -2014 Minutes Page - 6 - Mayor Carpenter recognized Councilmember Fowler who asked if this was related to AACOG. Director of Development Brian James responded it was not. It was through the Bexar County Community Development Block Grant (CDBG) which is federally funded and available to any of the cities who participate within the county of Bexar. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who moved, seconded by Councilmember Fowler to approve Resolution No. 14 -R -22. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and Duke voting yes and no one voting no. Motion Carried. 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 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) The following was read into record. ORDINANCE NO 14 -S-08 AN ORDINANCE BY THE CITY COUNCIL OF CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO. 11 -S -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. Mayor Carpenter recognized Senior Planner Lesa Wood who introduced this item stating that 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. 03 -04 -2014 Minutes Page - 7 - 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. • 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 h aring 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. Ik V Ms. Wood provided the following project history info ion: 2005: Sedona Subdivision PUD was adopted for mix use development Ord. #05 -5 -49. ( Sedona unit 1 was platted 2007) 2006: Sedona Subdivision PUD was amended Ord. # 06 -5 -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 -5 -16. 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 -5 -16. The amendme 4ridential consist of Garden Home (GH1 and GH2), Attached Residential (AR I), Multi- Family (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. 03 -04 -2014 Minutes Page - 8 - • 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. Ms. Wood also provided the following summary o ighlights some of the significant modifications to the requirements of the Unified Development Code (UDC). Also, 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: 4endment 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. 03 -04 -2014 Minutes Page - 9 - 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�<oject. 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 walk ability and interconnectedness for a mixed use neighborhood. Signage (Sec. 9.5): This provision adds a Real Estate si ego for commercial, multi- family, and attached residential. The sign is temporary with a mum 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. Amendments to Section 12: Land Use Allocations MW 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. 03 -04 -2014 Minutes Page -10 - 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. 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. Mayor Carpenter opened the public hearing and recognized the following who spoke: • Mr. Robert Brockman, 1000 Elbel Road, who inquired as to whether the garden homes had any garages. He was concerned there may not be sufficient parking in the area for the residents. As no one else spoke, Mayor Carpenter closed the public hearing. Mayor Carpenter invited staff to come forward to answer Mr. Brockman's question. Senior Planner Lesa Wood stated that the garden homes are designed with a two (2) car garage as well as two spaces for driveway parking, a half space in the street and additional parking available in the courts. Mayor Carpenter recognized Councilmember Fowler who asked whether gas stations would be prohibited from doing business in the subdivision. Mr. Chris Price, President of Schertz 1518 Ltd., came forward to state that yes this would indeed prevent gas stations from coming into the area. They were looking more neighborhood type businesses such as coffee shops, restaurants, or local community cleaners. Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Councilmember Fowler, to approve Ordinance 14 -S -08 on first reading. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and Duke voting yes and no one voting no. Motion Carried. 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) The following was read into record: 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 03 -04 -2014 Minutes Page - 11 - Mayor Carpenter recognized Senior Planner Lesa Wood who introduced this item stating 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 ity 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 Plannin and Zoning Commission p g rY � g g 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 and recommended approval of the following amendments: • Minor text amendments have been made to a referen 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. • 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 Plan (CLP) was modified to remove text that exists in the CLP to eliminate any conflict with the UDC. 00%• Sec. 21.1.6 Vested Rights "Issuance of Local Permits" was modified to include L 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 the modification to include procedures and expiration dates will assist in processing an increased number of requests. Ms. Wood stated that the word "contact" has been changed to "contract" per Ms. Suarez's comment at the last P &Z meeting, and the requirement for an email address also has been removed. Mayor Carpenter opened the public hearing and as no one else spoke, Mayor Carpenter closed the public hearing. Mayor Carpenter opened it up for Council questions and comments and recognized the following: 03 -04 -2014 Minutes Page -12 - Councilmember Fowler who also asked if Legal Counsel had reviewed the ordinance. City Attorney Charles Zech stated that he would look at all the ordinances before final reading. Mayor Carpenter recognized Councilmember Fowler, who moved, seconded by Councilmember John, to approve Ordinance 14 -5 -09 on first reading contingent upon Legal Counsel Review. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and Duke voting yes and no one voting no. Motion Carried. 8. Ordinance No. 14 -5 -10 — Conduct a public hearing andderation and /or action approving an Ordinance amending Part III Schertz C 6 of` "- Ordinances, Unified Development Code, (UDC) Article 3, Boards, Commissio ommittees. First Reading (B. James /M. Sanchez /L. Wood) A, The following was read into record: ORDINANCE NO. 14 -5 -10 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHRTZ, 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 CE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN ,FECTI` TE Mayor Carpenter recognized Senior Planner`Lesa Woo o introduced this item stating that there are changes and updates to Article 3 of the UDC ith the following points: Article 3 o Updated language in Article 3 to provide consistency and clarity throughout the Article Article 21.3.1 General Provision • Deleted Implied Authority • Relocated Authority Granted from each applicable section and placed in the General Provision > Article 21.3.3 Planning and Zoning Commission o Deleted Structure and Operations Procedures • Article 21.3.4 Board of Adjustment o Deleted items that are covered in the BOA by -laws and covered in !Por State Law (LGC) • Article 21.3.5 Administrative Authority o Updated to authorize Staff to make the determination of whether a property must be platted and provide a certificate of determination (letter) to the property owner (LGC 212.0115) • Article 21.3.6 Other Boards, Commissions and Committees o Updated to be consistent with City Charter and Board by -laws As stated in the UDC, City Council from time to time may amend, change or modify text to any portion of the UDC to establish and maintain sound stable and desirable development. It 03 -04 -2014 Minutes Page - 13 - 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). 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 their input and receive public comment on the proposed amendments: • Text amendments were made to Article 3 in order to provide consistency with the City Charter and with each Board, Committee and Commission by -laws. • Minor text amendments have been made to correct the title of Transportation Safety Advisory Commission (TSAC). �' Staff recommends approving the amendment to the Unified Development Code (UDC), Article 3 — Boards, Commissions and Committees as presented. Mayor Carpenter opened the public hearing and recognized the following who spoke: Mayor Carpenter recognized Mr. Brockman who stated that the Senior Center was trying to develop a set of bylaws and a member recommended they have alternate board members. They chose not to do this. Mr. Brockman said he doesn't know how Council feels about having alternates on all their boards, but it is a concern of his. , X As no one else spoke, Mayor Carpenter closed the public hearing. "AML , 4, Mayor Carpenter recognized Councilmember Fowler, who moved, seconded by Councilmember Edwards, to approve Ordinance 14 -S -10 on first reading, contingent upon Legal Counsel Review. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and Duke voting yes and no one voting no. Motion Carried. 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) The following was read into record: 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 03 -04 -2014 Minutes Page - 14 - Mayor Carpenter recognized Senior Planner Lesa Wood who introduced this item stating that 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 include: 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 plaqLLng een duly approved by the appropriate authority and recorded in the office of the Count der of deeds and records. Ms. Wood stated the public hearing notice was published in "The Daily Commercial Recorder" and the "Herald" on February 14, 2014. Staff recommends approving Ordinance No. 14 -S -11 on first reading amending the UDC, Article 16 Definitions. Mayor Carpenter opened the public hearing and as no one else spoke, Mayor Carpenter closed the public hearing. Mayor Carpenter opened it up for Council questions and comments and recognized the following: Councilmember Fowler asked for clarification on a lot being a part of a subdivision and does that include commercial lots as well. Senior Planner Lisa Wood explained that in most cases, a subdivision is a piece of property platted out into a variety of lots by a developer but that a commercial lot can be a subdivision in itself as platted. Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Councilmember Duke, to approve Ordinance 14 -S -11 on first reading. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and Duke voting yes and no one voting no. Motion Carried. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes of items 1 through 9. Requests and Announcements 03 -04 -2014 Minutes Page - 15 - 10. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Mayor Carpenter recognized City Manager John Kessel who stated he wished to recognize staff members Lisa Wood, Kyle Gaertner, and Chuck Van Zandt who made presentations this evening. Mr. Kessel stated that they have worked very hard to get where they are and the accomplishments they have made. They are not executive directors or department heads but there efforts and excellence in their work is worthy of recognition. 11. Requests by Mayor and Councilmembers that items la a future City Council agenda. Councilmember Duke stated he has been approached several resi ents regarding recent episodes of vandalism on some signs in the community parks. He requested that staff provide a presentation on any future plans in the works regarding lighting for these areas. Mayor Carpenter suggested the end of March for delivery of this item on the agenda. 12. Announcements by Mayor and Councilmembers '1% • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items � Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated he attended the following events: • Thursday, February, 27, City Council Retreat Workshop Meeting at the Fairfield Inn Mayor Carpenter recognized Councilmember Fowler who stated he attended the following events: • Thursday, Feb , 27, City Council Retreat Workshop Meeting at the Fairfield Inn Executive Session There was no Executive Session. Adjournment As there was no further business, the meeting was adjourned at T-36 p.m. Mayor, Michael R. Carpenter 03 -04 -2014 Minutes Page - 16 - ATTEST: City Secretary, Brenda Dennis 03 -04 -2014 Minutes Page - 17 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: March 11, 2014 Department: Development Services Ordinance No. 14 -5 -08 — 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. (Final 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. City Council Memorandum Page 2 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. City Council Memorandum Page 3 • 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. City Council approved this on first reading at their meeting ofMarch 4, 2014. 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. City Council Memorandum Page 4 COMMUNITY BENEFIT It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. SUMMARY OF RECOMMENDED ACTION Staff reviewed the request for conformance with the Comprehensive Land 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 (GH1) 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; City Council Memorandum Page 5 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. 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. 0 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. Signage (Sec. 9.5,): This provision adds a Real Estate sign category for commercial, multi- family, and attached residential. City Council Memorandum Page 6 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. 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 11 (Sec. 13.2): No accessory buildings will be permitted in any area developed as Garden Home. 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 Staff recommends approval of final reading of Ordinance No. 14 -S -08 regarding an 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. ATTACHMENT 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. 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 DVL PRE R- R_A _ t¢ _ r• SCHERTZ CITY LIMIT - - - - - - - - - - k `it tE FM 1518 (80' OW) V L 3980, PG. 434 - _ I 1 DVL GB � 1 kip r aIF Bill PRE.EN I I i i I 1 ce3= SRO DES w ' � 0 1 ' 1 Q 1 1 DV L r r I/ 1� 1 �( I TRACT 1 - _. 1 1 ,",e' �? 1100lLE I I YOOIL�SA�-' 2A 1 'I 1 ' R_A I 1 wa I - ; I _ Fff � ' ,uou,lsranaa ME 1111111111 Ii�1�11111�11: lilt In fi �r•" �ar'�Y:r�,rr,...anc.rc.•r...c. TRACT3 �.:w• I-- - - - - -- - - - NDA I ARA u)nE R -A .:rte .,so asv ca.�,• ! c .z. „v 2 o I ra.. rn. nc 17nr L It, �h -PRE4 2 'hIi d3� o o RANDOLFW AM FCRM NW -- _� PROPS "UT_ PLO R tJ r LOCATION MAP LEGEND PROPOSED PDD ZONING BOUNDARY - - - - -- 200 Fr. NOTIFICATION BOUNDARY - .•- .. -•.- EXISTING FEMA 100 YEAR FlAOOPLALY �••�••�••� PROPOSED 100 YEAR FLOOOPLAN EXISTING POD r PROPOSED FDD L.� EXISTING ZONING- PRE DEVELOPMENT (PRE) EXISTING ZONING- RESMENTUUTACRICULTURAL(R.4) DEXISTING ZONING - CENrERAL BUSINESS (GB) EXISTING ZONING- DEVELOPMENT AGREEMENIT(OVL) II cs 4 C� ;A 1 rl 1 � i 11 •� I " i D, % GB1a�d•' ' I ' 11 II 11 /: �• 11 I ,L We V. :r 4• � a' ?' ttt�F` d' r t zd4• r; :� iCHE TZ CITY L MIT 1 !TRACT 2 � 1 r 1 I 1 I I i i I 1 w ' � 0 1 ' 1 Q 1 1 DV L r r I/ 1� 1 1 nar HERTZ CITY LIMI /1 R -A i j I Exhibit A a r w ' � 0 1 ' 1 Q 1 1 DV L PFE r I F � 1 �• L'. 4 4vr mat r.�ars ' ° _ - - - - - rm i�iB iov livrtil �� 4618'1 TO IH 10 I Z I I { ; I I { 1 c I 1 ,(I �9>,1 c a �I a R -A u Z UU)) ' I X �� . �,._., >. I > W F- U) F- - - - - -- --- - - - - -- ¢ 0 w ------- - - -za. _�--------- - - - - -- �,� W U , -- - - - - -- ------------ .--------- --- _.,:.,.,..n.... i 1 1 1 R.t 1 �. GO ;+ R A (� -- ------------------------ - - - - -- L/ r,a,c4 I I� r H m W z Z 0 a� PDD E4 t_10 R- 1"1 � 1-4 A y�i Fti � a i p 1-4 E `? LL n a o IL _ Rye �9t9 m C W o R !° I , 1 LEGAL DESCRIPTION: c C 11 •� c�++� A 421St ACRES TRACT OF LAND, OUT OF THE JULIAN DIAZ SURVEY NO. 66. ABSTRACT NO. 167, COUNTY BLOCK 5059, AND DENG OUT OF A 100.966 ACRETRACT OF LAND AS CONVEYED ' l J "O• ""- °�+ TO SCHERTZ 1518, LTD OF RECORD N VOLUME 11465 PAGE 344 OUT OF A 122.533 ACRE TRACT F LAND AS CONVEYED TO TO SCHERTZ 1518, LTD OF RECORD N VOLUME 1191a PAGE W r Q IL LL / � � " � • - . r. 1925, OUT F THE REMANDER OF A 145.427 ACRE TRACT OF LAND AS CONVEYED TO SCHERTZ 1518, LTD F RECORD N VOLUME 11492 PAGE 63, OUT OF A 91281 ACRE TRACT OF LAND ____ --- --------- \ �) r •r t - -_ -_-- .. AS CONVEYED OF THE OFFICIAL P/UBLICDRECORDS F SEXARICOU1NTY 1 PAGE TEXAS AND A PORTION F SEDONA UNIT 11A D BDR/L40N PLAT OF RECORD N VOLUME RSB.i PAGE 73 FTHE DEED AS CONVEYED TO QTY F SCHERTZ F RECORD N VOLUME 14332 JAN , SUBDIVISION � >_•, w� AND PLAT RECORDS OF tiDNR COUNTY, TEXAS AND SITUATED IN THE CITY F SCtERfZ, BEXAR COUNTY, TEXAS OF�aa qE.- ......T ti - „/' �- R I ....n va.v,c "" ""••r Aez.aD 11CRETRACT OF LAND, Bl3TIG ALL OFA 13569 ACRE TRACT OF LANG AS CONVEYED TO SCHERTZ 1518, LTD, ATEXAS LIMITED PARTNERSHIP OF RECORD N VOLUME 15542 PAGE SP,.� " _ ••C�-%� t • _ �� 551, A34.= ACRE TRACTOF LAND AS CONVEYED TO SCHERTZ 1518, LTD, A TEXAS LIMITED PARTNERSHIP F RECORD N VOLUME 11482 PAGE 57 AND A 35.1a2 ACRE TTRAL7 OF LAND 44� GROSS AREAINET AREA AS CONVEYED TO SCHERTZ 11518, LTD, A TEXAS LIMITED PARTNERSHIP OF RECORD IN VOLUME 11482 PAGE 69 ALL BEING F TH.E OFFICIAL PUBLIC RECORDS F SE XAR COUNTY, TEXAS � SURVEYOR: .. .••• •••. ••• .. EXISTING PDD 504.845 AC. KFW ENGINEERS &SURVEYING 34.689ACRES OFLMD OUTOF THEJERONIMO LEAL SURVEY 79, ABSTRACT424, COUNTY BLOCK5058, BEXAR COUNTY. TEXAS AND 8EINGOUrFA45 MACRETRACT OF LAND JESSE B. MALONE PROPOSED PDD 545.740 AC. c/o Teresa k Seldei. RP.LS. DESCRIBED IN DEED RECORDED IN VOLUME 13319, PAGE 2202, REAL PROPERTY RECORDS- BERM COUNTY. TEXAS. t 108734 14603 Huebner Road, Bldg. 40 ~ NOTES: A PARCEL F LAND CONTAINING 15 ACRES, MORE OR LESS, OUT OF THE 125.67 ACRE TRACT F LAND CONVEYED BY WA K RU_GER ET UX TO MELFRED KNIIES ET UK ON THE 5TH o� San:2110 -97, TX 78x30 DAY F AUGUST 1955, IN SEXM COUNTY AND BEING THE SANE LAND REFERRED TO IN THE DEED OF TRUST RECORDS F 8EXAR COUNTY N VOLUME 3734, PAGES 80-83, MELFRED 4 FS• E N '' Phone: 210.979.8444 ext 16 ata �OA01L E" o 1. ACCORDING TO FLOOD INSURANCE RATE MATE, PANEL 4802900295 8 ,48029C0315F, KALLIES ET IfIL TO E PFEIL TRUSTEE FOR HILLIAR STOPPER ET AL AND BEING A PART OF THE SM1E LAND REFERRED TO ELSAKRUEGER WIFE WA. ICRUEGER N A PARTITION DEED DATED SFPT.29,20f 0, A PORTION OF THIS TRACT 5 LOCATED IN ZONES X 6 AE TBPLS Flrtn N0.101223 -DO BEEN THE WIFE OF WA KRUEGER IN A PARTITION DEED BETWEEN THE I,ERTS F ADOLPH WEYEL, DECEASED IN VOLUME 1249, PAGE SST. B XAR COUNIYDEED RECORDS SUBJECTPARCEL IS OUT OF THE JULIAN DIAZ SURVEY NO. 66. ABSTRACT 187, N BEXAR COUNTY, TDCAS. SCALE:1• =400' 2. ALL PRIVATE OPEN SPACE, COMMON ARE/LS. GREENBELTS. DRAINAGE EASEMENTS BONG( 13087(13,382 SQUMEFEET]TRACT OF LAND LATHE CRY OF SCHERTZ BERM COUNTY. TEXAS AND BEINGOIJTFTHATCERTNN MA27ACRETRACTOONVEYMTOSCHERTZ DESIGN BY: JBM ETC. ARE TI IE RESPONSIBIM OF THE DEVELOPER ITS SUCCESSORS AND/OR ASSIGNS. OWNER/DEVELOPERfAPPUCANT; 1518, LTD. B EE V DD RECORDED IN VOLUME 11564, PAGE I RIA OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF BEXAR COUNTY, TEXAS. THE CR ®9SVINE PECKED BY: My _ SCHERTZ 1518, Ltd. p ��// JJL� �/ APPROVED BY DRM 3. THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR rfoCERTZ 1519, Ltd. 6.00 ACRES OF LAND OUT OF THE JEiRONIMO LEALSURVEY 79, ABSTRACT 424. COUNTY BLOCK5058, BEXAR COUNTY, TEXAS, AND BEING OUT OFA45.68 ACRE TRACTOF LAND L7E/\/'�R COIJN1 i DATE; 1272014 ILLUSTRATION PURPOSES AND DO NOT SETTHE ALGNMENT. ALIGNMENT IS 314 E. COmmerm SL DESCRIBED N DEED RECORDED N VOLUME 13319, PAGE 2202, REAL PROPERTY RECORDS, BEXAR COt1NTY, TEXAS. AND BENGA PORTION OFA CALLED 6.000 ACRE TRACT AS DETERMINED ATTHE TIME OF FINAL PLAT. Suite 600 N DESCRIBED IN DEED DEED RECORDED N RECORDED IN 1185. 11185. PACE REAL PROPERTY RECORDS. BEXAR COUNTY. TECCO�NTY, RE CORDS, AND A PORTION OFA CALLED SAW ACRE TRACT AS DESCRIBED 1 4. 70POGRAPHYISESTABLISHEi )AT2FOOTCONTOURS. San Arnonlo. TX 78205 SCFiERTZ, TX. SHEET' Phone: 210- 226 -6843 SAVE 6EXCEPT 1.191 ACRES OF LAND OUT OF 71 IE JERONIMO LEAL SURVEY 79, ASSTRACT424, COUNTY BL0CK50.58, BEXAR COUNTY, TEXAS, AND BEING A PORTION OFA 34.689 ACRE PATE OF SUBMITTAL: S. APZ IS SHOWN IN APPROXIMATE LOCATION. TRACT OF LAND DESCRIBED IN DEED RECORDED IN VOLUME 15469, PAGE 2D35. REAL PROPERTY RECORDS. BEXAR COUNTY, TEXAS. 1129/2014 OF 1 SURVEYiNG FIELD NOTES FOR 82.80 ACRES Exhibit B -1 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 Monnument 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 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 Avith 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° l VI 7" E along and with the tivest line of the 1.00 acre tract and ail 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: 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: 1. S 60 °08'45" W, a distance of 1045.35 feet to a set 1/2" iron rod with Blue Plastic Cap Stamped "KFW Surveying" for the southeast corner 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 °08'36" 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 I 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 1 1946 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" Troll rod with Blue Plastic Cal) Stamped "KFW Surveying" for the southwest 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. Mo. 40, San Antonio. Texas 78230 0 Phone: (210) 979 -8444 • Fax: (210) 979 -8441 0 www.l<fwenQineers.coni Exhibit B- I "Texas and the northwest corder of the 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 ill 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 °35'24" 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 coriier of the 34.007 acre tract, for an interior corner of the tract described herein; THENCE: N 59 °43'27" E along and with the southwest line of the 6.00 acre tract and colltlnuiilg along the southwest line of the remaining portion of a 6.00 acre tract of record in Volume 10454 Page 2118 of the Official Public Records of Bexar County, Texas and the nortliNvest line of the 34.007 acre tract, a distance of 1482.30 feet to a found 1/2" iron rod on tile 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 heroin; THENCE: along and with a southwest right- of -Nvay 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 30 007'55" 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 right having a radius of 2825,00 feet, an arc of 977.41 feet, a delta of 19 049'24 ", and a chord 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 Scllertz, Bexar County, Texas and being described in accordance with an exhibit prepared by KFW Surveying, Job No.: 12 -028 Prepared by: KFW Surve }irrg Date: February 27, 2013 File: S: \Draw 2012 \12 -028 Sedona TraiIsTOCS \82.80 Acres.doe / /, I 1 14603 Huebner Rd. Bldg. 40, San Antonio, Texas 78230 0 Phone: (210) 979 -8444 0 Fax: (210) 979 -8441 0 www.kfwengineers.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 Surveyor 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 Tl-�E POINT OF BEGINNING AND CONTAINING 34.689 ACRES OF LAND. Joel Christian Johnson, R.P.L.S. f / —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 Blanco Rd., Bldg. 3, Suite 306, San Antonio, TX 78232 • (210) 858 -9838 • (210) 247 -61.18 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. A 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. A 1.501 acre tract of land generally located along FM 1518 in Module I ( "Additional Tract 2 "); and C. A 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 9.2.3.1.1 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. 9.2.3.1.2 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. 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. 65% 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. 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. 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. 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. One tree will be planted for every 30 linear feet within the Common Area; 3. Required trees may be clustered in groups provided, however, there shall not be more than 90 linear feet between trees; 4. 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 9.2.3.2.1 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. 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. 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. 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. 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. 65% 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. 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. 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. 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. One tree will be planted for every 30 linear feet within the Common Area; 3. Required trees may be clustered in groups provided, however, there shall not be more than 90 linear feet between trees; 4. 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. 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. The 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. 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. 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. 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. A Common Area for the Commercial area shall be established which includes and conforms to the following requirements: 1. 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. One tree will be planted for every 30 linear feet within the Common Area; 3. Required trees may be clustered in groups provided, however, there shall not be more than 90 linear feet between trees; 4. 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) 9.2.3.5.1 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. 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. This Common Area shall be a minimum of 10' in width along the length of the 78' Boulevard; 2. 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. 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. 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. 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. 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. 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. 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. 9.2.3.8.2 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. 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). 9.2.3.8.3 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 9.2.3.8.4 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 9.2.3.10.1 Public Screening and Landscaping within Roundabouts shall not obscure vision in such a way as to create a traffic hazard. 9.2.3.10.2 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. 9.2.3.10.3 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 9.2.3.11.1 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 9.2.3.12.1 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. A 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. 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)) 9.2.12.1.1 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. 9.2.12.2.2 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. 9.2.12.2.3 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) 9.2.12.3.1 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)) 9.2.12.5.1 At least one (1) tree shall be planted for each residence within a Multi- Dwelling Private Court. 9.2.12.5.2 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. 9.2.12.5.3 Additional landscaping may include mulch, decomposed granite, river rock or similar decorative elements and trees, shrubs, and planting beds. 9.2.12.5.4 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) 9.2.12.6.1 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). 9.2.12.6.2 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. 9.2.12.6.3 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. 9.2.12.6.4 Installation of Private Landscaping shall be completed prior to the issuance of a certificate of occupancy for the improvements where Private Landscaping is required. 9.2.12.7 Private Landscaping (Multifamily) 9.2.12.7.1 A 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). 9.2.12.7.2 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. 9.2.12.7.3 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. 9.2.12.7.4 Installation of Private Landscaping shall be completed prior to the issuance of a certificate of occupancy for the improvements where Private Landscaping is required. 9.2.12.8 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. 9.2.12.8.2 A 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. 9.2.12.8.5 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. 9.2.12.8.8 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. 9.2.12.8.9 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. 9.2.13.1.2 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. A masonry wall of no less than 3' 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. 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. 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); 2/13/14 18 5. 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 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 6' 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. 60% 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. D. A 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 9.2.13.2.1 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. 9.2.13.2.2 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. 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 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. A masonry wall of no less than 3' 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. 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 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. 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. 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. 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. A masonry wall of no less than 6' 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. 60% 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. 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. A masonry wall of no less than 8' tall located on the lot line of the Commercial development, and 2. A 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. 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. 9.2.13.2.3 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. 9.2.13.2.4 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 B. 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. 9.2.13.4.2 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. 9.2.13.5.2 Where a roadway does not separate a Multifamily area from a Garden Home area, the following requirements are imposed: A. Private Fencing 1. 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 1. No additional landscaping shall be required on Garden Home development area or Multifamily development area. 9.2.13.5.3 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 9.2.13.5.4 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: • Contain no more than four (4) individual residential dwellings; • 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; • 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; • Be allowed to be a "hammerhead" type private drive; • Comply 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) 13.2.3.1.1 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. 13.2.3.1.2 Water pressure misting devices, outdoor heaters, and similar devices will be allowed in these areas. 13.2.3.1.3 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. 3 CITY COUNCIL MEMORANDUM City Council Meeting: March 11, 2014 Department: Development Services Ordinance No. 14 -S -09 — Consideration and/or action on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 1 General Provisions. (Final 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. • 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). City Council Memorandum Page 2 • 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. Council approved this on Arstreading at their meeting ofMarch 4, 2014. 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 Staff recommends approval of final reading of Ordinance 14 -S -09 amending 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. Article 3 — Boards and Commissions 3. 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. Article 11 — Signs and Advertising Devices 7. Article 13 — Land Disturbing Activities 8. Article 14 — Transportation 9. 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. 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. 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. 4 CITY COUNCIL MEMORANDUM City Council Meeting: March 11, 2014 Department: Development Services Ordinance No. 14 -S -10 — Consideration and/or action on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 3 Boards, Commissions and Committees. (Final 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. City Council Memorandum Page 2 • 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. City Council approved this on first reading at their meeting of March 4, 2014. 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 Staff recommends approval of final reading of Ordinance 14 -5 -10 amending the UDC, Article 3 Boards, Commissions and Committees. FISCAL IMPACT None ._ _ 1L_ a ___6 1 ._ 1 \I 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 -5 -10 an amendment to the Unified Development Code (UDC), Article 3 — Boards, Commissions and Committees as presented. ATTACHMENT Ordinance No. 14 -5 -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. 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. 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. 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 C. 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; develop research materials needed for promotion of transportation safety; d. develop a transportation safety plan for the City; 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. 5 CITY COUNCIL MEMORANDUM City Council Meeting: March 11, 2014 Department: Development Services Ordinance No. 14 -S -11 — 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 ". (Final 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. City Council Memorandum Page 2 City Council approved this on first reading at their meeting of March 4, 2014. 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 -5 -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 I It X4[I] ►5104 1040117_r 1 to] ►1 Staff recommends approval of final reading of Ordinance 14 -5 -11 amending the Unified Development Code (UDC), Article 16 — Definitions specifically to the definition "Lot of record" as presented. ATTACHMENT Ordinance No. 14 -5 -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) Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: March 11, 2014 Department: Economic Development Subject: Ordinance No. 14 -R -14 Consideration and /or action approving an Ordinance approving a budget adjustment in connection with the Development Agreement GE Oil & Gas Inc. (First Reading) BACKGROUND History: On February 4, 2014, the City Council approved Resolution 14 -R -14 which approved the Development Agreement, GE Oil & Gas Inc. (the "Agreement "). Under the Agreement the City agreed to construct, or cause to be constructed, an extension of David Lack Drive as described in the Agreement. The SEDC approved up to $200,000 for the project. Proposed Action: The proposed Ordinance authorizes the transfer of $200,000 from the Development Incentive Fund to a separate account for the project. This fund will be used to expenses costs associated with the extension of David Lack Drive. FISCAL IMPACT The SEDC will pay approximately $200,000 for the construction of the David Lack Drive extension. SEDC BOARD RECOMMENDATION The SEDC Board met on February 27, 2014 to consider the proposed the budget adjustment request for the Development Agreement, GE Oil & Gas Inc. A motion was made by Ms. Scott and seconded by Ms. Kiser to approve the Ordinance as presented. The motion passed unanimously (7 -0). STAFF RECOMMENDATION Staff recommends approval of the budget adjustment. ATTACHMENT(S) Ordinance No. 14 -T -13 ORDINANCE NO. 14 -T -13 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE DEVELOPMENT INCENTIVE FUND FOR THE DEVELOPMENT AGREEMENT, GE OIL & GAS INC. INCENTIVE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 13 -T -34, the City of Schertz (the "City") adopted the budget for the City for the fiscal year 2013 -2014 (the `Budget), which provides funding for the City's operations throughout the 2013 -2014 fiscal year; and WHEREAS, Resolution 14 -R -14 approved a Development Agreement with GE Oil & Gas Inc. (the "Development Agreement ") and authorized the infrastructure incentive to construct, or cause to be constructed, an extension of David Lack Drive as defined in the Development Agreement; and WHEREAS, the City needs to adjust the Budget to use up to $200,000 for the Development Agreement by transferring $200,000 from the Development Incentives Fund to a new fund designated for the Development Agreement; and WHEREAS, the Schertz Economic Development Corporation Board of Directors met on February 27, 2014 to recommend the transfer of funds for the Development Agreement; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve transfer of funds for the Development Agreement; and WHEREAS, the City Council of the City has determined that it is in the best interests of the City to adjust the Development Incentive Fund to a new fund designated for the Development Agreement, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the Budget and shall use $200,000.00 from the Development Incentive Fund to a new fund designated for the Development Agreement. 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 I Ith day of March, 2014. PASSED, APPROVED and ADOPTED ON SECOND READING, the day of , 2014. ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor -2- IMI :IMM RINI I III I LY, DATE: March 11, 2014 TO: John Kessel, City Manager FROM: David Gwin, Executive Director, Schertz Economic Development Corporation RE: Reimbursement per the City's Development Agreement with Capital Group In August 2010, the City approved an Agreement with Capital Group which established a performance -based tax incentive to develop their data center facility. In consideration of Capital Group's investment, Capital Group is eligible to receive an annual reimbursement of up to 75% of the real and personal property ad valorem taxes paid for a period of eight years. On February 5th, 2014, Capital Group reported its compliance to the Agreement. As result of Capital Group's compliance, they have earned a total reimbursement of $140,196.31 for the 2013 tax year. 2013 Total AV Value $ 37,581,105.00 25% City $ 46,732.10 75% Reimbursement $ 140,196.31 Total AV Tax Payment $ 186,928.41 IMI :IMM RINI I III I Ly, DATE: March 11, 2014 TO: John Kessel, City Manager FROM: David Gwin, Executive Director, Schertz Economic Development Corporation RE: Reimbursement per the City's Development Agreement with Caterpillar In October 2010, the City approved an Agreement with Caterpillar which established a performance -based tax incentive to develop their multi - phased manufacturing facility. In consideration of Caterpillar's investment, Caterpillar is eligible to receive an annual reimbursement of up to 75% of the personal property ad valorem taxes paid for each phase of the project for a period of eight years. In December 2013, the Agreement was amended to allow Caterpillar to earn the incentive for Year One of Phase 1 in Year Two. On February 27th, 2014, Caterpillar reported its compliance to both the Agreement and the Amendment. As result of Caterpillar's compliance, they have earned a total reimbursement of $338,639.18 for the 2012 and 2013 tax years. 2012 Total AV Value $ 36,599,711.00 25% City $ 110,040.13 75% Reimbursement* $ 72,921.83 Total AV Tax Payment $ 182,961.96 2013 Total AV Value $ 106,028,349.00 25% City $ 261,667.65 75% Reimbursement* $ 265,717.36 Total AV Tax Payment $ 527,385.01 *Reimbursement only on Personal Property AV Tax Schertz- Cibolo- Universal City ISD L Housing Activity Report 4th Quarter, 2013 GREATER SAN ANTONIO NEW HOME CONSTRUCTION STARTS, CLOSINGS, Et LOT DELIVERIES Start = Foundation poured Closing = Occupied home 28,000 26,000 24,000 22,000 x,20,000 218,000 '16,000 ¢14,000 12,000 10,000 8,000 6,000 4,000 2,000 �Annual Starts - -- Annual Closings - -- Lot Detiveries Year - Over -Year Change Annual Starts +4.2% Annual Closings Annual Starts: 8,651 Annual Closings: 8,297 After 9 consecutive quarters of growth, new home starts moderate in late 2013 2013 still produces a 4 -6% increase in activity over 2012 Current level of new home construction is most since 2008 Developers deliver 8,428 lots in 2013; the most in 5 years GREATER SAN ANTONIO NEW HOME CONSTRUCTION RECOVERY DRIVERS San Antonio Non -Farm Yea,- Over -Year Emelovment Growth M,CW ]o,ma 2o.ma 1o,aoa 0 10,000 -2o.cm Dec. ' 13 a +6,200 - 30.000 @V8g0'+ ♦9 .0` 8�pd' 9 s> ? o @g9 ®g$ >A`{.PL° ^ ^!.^ . +}o�p. >p leeTY T1F YtY TY Y1S �Y l'tY Ty T)ST �TVT »r. urn i.46kraoi.. •.• .. a.anreewm •.•• ••. s MaxJm � Sp„an FiwtlMYm jas I a,s r Ineareaseare l saunce: reaas Wadbne Commission Current Employment Sum, (CES) 2010 2 Interest rates nse 7812 2 2013 c aver 1 %in second half Unemolovment Rates - December 2013 of 2013 but are still San Antonio: 5.3% near historic low at Austin: 4.5 %, DFW: 5.4 %, Houston: 5.5% 4.3% Texas: 5.6 %, US: 6.5% • Job growth not as robust in 2013 as 2012 (now at +6,200) • Interest rates have increased but still near historic lows • Resale inventory remains very tight across Greater San Antonio at lowest level since 2006 (4.0 month supply) S.C.U.C. ISD QUARTERLY NEW HOME CONSTRUCTION 360 Start = Foundation poured Closing = Occupied home 300 - -n 260 J L 211 G 160 1136 ziil 100 Closings loo CC CF , O,P O,0 O,o O,P O�+ O�� Or'^ O�'A O,ry O ^ti O,ry 1ti OVA O,3 Or'A OVA , 'P 9 Starts 2 2010 2 2011 7 7812 2 2013 c • Pace of new home starts slows in 4th quarter due to market conditions • 4th quarter produces another strong quarter of closings S.C. U.C. ISD ANNUAL NEW HOME CONSTRUCTION 2.600 2,400 Annual Starts: 722 2.200 Annual Closings: 682 2.000 1.800 Year- Over -Year Change Annual Starts +6% 1,600 Annual Closings +5% 400 1,200 .� 1,000 800 600 Smrm 4W =Cslosinas 200 —LOr Delivedes ^o°ryo° yd�po° lev* yoi'pd�Ne° &Is&ISPAO "oo"oo ^000tPmoo" "s ^ 1& ;ry P oryaroo�p Q t" ry 's p r. ry 9 p r. ry "§P p4 � ry� p^ h '! A rt= Foundation poured Closlna= Occupied home Builders start 722 new homes in 2013 (6% increase over 2012) Annual closings rate increases 5% in 2013 to 682 homes 697 new lots delivered in 2013 GREATER SAN ANTONIO SCHOOL DISTRICT RANKINGS BY NEW HOME CLOSINGS Rank District Total Starts 2013 Total Closings 2013 1 Northside 2,893 2,918 2 Connal 1,313 1,215 3 Schertz-Cibolo -U_C. 722 682 4 North East 615 654 5 Judson 641 648 6 East Central 488 454 7 Southwest 443 430 8 New Braunfels 494 378 9 Boerne 427 347 10 Medina Valley 273 251 11 San Marcos Con. 132 144 12 Southside 68 85 13 Navarro P 68 14 South San Antonio 31 48 15 ISan Antonio 58 37 Start =Foundation poured Closing = Occupied home e SCUC ISD remains 3rd in total annual closings among Greater San Antonio school districts S.C.U.C. ISD NEW HOME CONSTRUCTION BY CITY 450 400 '- 350 300 250 - - 200 183 175 - 395 iiiiiiiiiiih 364 - ■ Starts ■ Closings 150 108105 100 _ 36 38 50 0 0 o Schertz Cibolo Selma Converse St. Hedwig si,n =ra��a.u4.�r�v�ea etasE�a= oa�Fiedha�,� 2013 Total Closings: 53% Cibolo, 26% Schertz, 15% Selma • Closings in Cibolo increase 21% over 2012 total of 301 homes S.C.U.C. ISD TOP SELLING SUBDIVISIONS Annual Elementary Intermediate Closings Attendance Attendance 2013 Zone Zone 1. Turning Stone 102 Sippel Schlather 2. Kensington Ranch (All) 79 Paschal /Schertz Wilder 3. Saddle Creek Ranch 75 Sippel Schlather 4. Cibolo Valley Ranch 59 Wiederstein Schlather 5. Riata Terrace 48 Sippel Schlather 6. MacArthur Park 38 Rose Garden Jordan 7. Live Oak Hills 37 Green Valley Wilder 8. Willow Grove /Estates 36 Rose Garden Jordan 9. Buffalo Crossing 30 Wiederstein Jordan 10. Cibolo Vistas 27 Sippel Schlather 11. Fairway Ridge 23 Sippel Schlather Y 4 of top 10 producers of new homes are in the Sippel ES zone 4 of top 5 in Schlather IS zone S.C.U.C. ISD NEW HOME CONSTRUCTION ACTIVITY BY ELEMENTARY ATTENDANCE ZONE Annual Starts Et Closings (2013) 400 _._.. _ . .. 367_. _. ..... 35D 345 • Annual Stan, 300 - -_- --- - - - -. 5 259 ` _...- _ bAnrsuel Closings 17 200 _. . 150 101 99 106 113 100 i4 55 O -i�h 17�. oD • 67% of new home closings occurred in Sippel ES and Wiederstein ES attendance zones • Western ES zones combined (Paschal, Schertz, and Rose Garden) produce 26% of new occupancies in 2013 S.C.U.C. ISD NEW HOME CONSTRUCTION ACTIVITY BY INTERMEDIATE ATTENDANCE ZONE 500 450 400 aso 300 250 200 1511 100 50 0 Annual Starts & Closings (2013) ■ Annual Starts ■ Annual closings Jordan Schlather Wilder ■ Schlather IS zone is getting almost 2 out of every 3 new homes built in the district S.C.U.C. ISD NEW HOME CONSTRUCTION ACTIVITY BY JUNIOR HIGH /HIGH SCHOOL ATTENDANCE ZONE 500 450 400 350 300 250 700 150 100 so 0 Annual Starts 13 Closings (2013) 453 441 Corbett JH/Clemens HS ■ Annual Stara Dobie JH /Steele HS ■ Annual Closings DISTRICT MEDIAN NEW HOME PRICE Majority of new homes are being built in neighborhoods priced between $150K and $250K Y Median new home price surpasses $200K for first time in 1Q13 and climbs to a record high of $224,395 in the 4th quarter l Greater San Antonio median new home price = $221,644 — I F •a0nwlslarts =laJ e 250 2J{ 171 116 200 — I150 — 100 5n 1 — Ida 5111 ,$1.ok M514 ink 370' -75nk 5151100k ilfli- .5:10c 3500k* 3150,06] 5225,m7 57a0,0W si74,W3 3150,007 SI25,OW Sllkl,tk}1 375,00) 550,90) 325,0W 51 SCUC ISD - Historical Median New Home Price 2005 2006 2007 2008 2009 2010 2011 2012 2013 S.C. U.C. ISD RESIDENTIAL DEVELOPMENT NEWS 4Q13 382 New Lot Deliveries in 4Q13 Mesa at Turning Stone N2 - 26 lots (Sippel) Turning Stone Sec. W3 - 68 (Sippel) Fairway Ridge Sec. 4 - 72 lots (Sippel) r Riata Terrace 0,413 - 81 lots (Sippel) Kensington Ranch - 100 lots (Paschal, Schertz) MacArthur Park Sec. 4A - 35 lots (Rose Garden) 831 Future Lots Under Development :- Cibolo Valley Ranch 6C - 16 lots (Sippel) Cibolo Vistas 4 - 109 lots (Sippel) Heights of Cibolo 4A,4B - 73 lots (Sippel) Turning Stone Sec. E3 - 83 (Sippel) The Crossvine i - 124 lots (Rose Garden) Kensington Ranch 3B - 13 lots (Paschal) Kensington Ranch - 50 lots (Schertz) Live Oak Hills 2 - 116 lots (Green Valley) Rhine Valley 1 - 138 lots (Rose Garden) :- Willow Grove 2 - 109 lots (Rose Garden) More projects moving forward: Cibolo Summit (Dean Rd. Tract - 390 lots) Enclave at Green Valley (Rezone - SEC of Green Valley Rd. and Town Creek) Friesenhahn Tract (94 acres north of Turning Stone, 230 dots) Nortex Tract (1,440 prelim lots) Rezone of 34 acres north of Mesa at Turning Stone to SF Knight's Crossing - 300 unit apartment development north of FM 1103 between Buffalo Creek and Cibolo Valley Ranch Bison Ridge (Mixed -use project, SH 78 6t Hackerville Rd) S.C.U.C. ISD RESIDENTIAL LOTS UNDER DEVELOPMENT N 850 --- ..._.- ...... .. .... ... -_. 831 800 .. .. - - 750 loo �. 650 6flo 550 . 500 . 450 Oro 300 ?-n zap too tm a°�rc°r cra�n�aaaaa 9959999 d9599559 • 831 lots under development as of December 2013; Most in over 8 years S.C.U.0 ISD RESIDENTIAL LOT INVENTORY BY ELEM. ZONE GREEN VALLEY 35 76 549 0 PASCHAL 99 85 241 0 ROSE GARDEN 107 240 2,860 0 SCHERTZ 37 123 331 0 SIPPEL 345 815 3,217 0 WATTS 0 0 0 0 WIEDERSTEIN 99 183 23 300 TOTAL 722 1,522 7,221 300 S.C.U.0 ISD RESIDENTIAL LOT INVENTORY BY IS, JH, AND HS ZONE JORDAN 141 338 2,867 SCHLATHER 419 921 3,635 WILDER 162 263 719 TOTAL 722 1,522 7,221 0 300 0 300 - i - -- q, 7- ATTENDANCE ZONE ANN= STARTS DeiWK'�'—iflrt—v�w 2013 RFMAININGTOBE OCCUPIED SINGtE FAMILY CORBETT /CLEMENS 269 503 3,591 0 DOBIE /STEELS 453 1,019 3,630 300 TOTAL 722 1,522 7,221 300 AERIAL PHOTOS JANUARY 20, 2014 6A O N ►J SADDLE CREEK RANCH # HEIGHTS OF CIBOLO MESA AT TURNING STONE so S.C.U.C. ISD EXISTING HOME SALES Quarterly Existing Home Sales 350 325 32b 306 app 241. 275 25d - 250 2255 211 224 212 -. E24: 200 242 1HG 1&i 190 -176 175 167 — 166 150 _- i25 100 75 sn 25 I, p$ Source:SABOR SF Sates Only • 247 sales represents most active 4th quarter in over 5 years • 1,055 total resales in 2013 21% increase compared to 2012 total of 873 S.C. U.C. ISD HOUSING ACTIVITY SUMMARY 4Q13 • New home construction moderates in 4th quarter 136 starts and 170 closings • Despite slower sales at the end of the year, builders in the district still produce 722 starts and 682 closings in 2013 (5 -6% increase over 2012 totals) District continues to see the 3rd most amount of new home construction among all Greater San Antonio school districts (behind Northside and Coma( ISD's) • 53% of new home construction in 2013 occurs in City of Cibolo (Schertz = 26 %) • Sippel ES zones sees 50% of district's new home construction (345 closings) • Turning Stone is the most active neighborhood with 102 closings with Kensington Ranch (Paschal /Schertz zones) moving up to second (79 closings) • District's median new home price climbs to a new high of $224,395 • 697 new lots delivered in 2013 (382 in the 4th quarter) • 1,552 fully developed lots on the ground as of December 2013 • Over 7,200 future SF lots are planned plus another 300 apartments 831 lots are currently under development - highest total in 8 years • New home lot inventory primarily positioned to impact the FM 1103 corridor but west side activity continues to increase Schoot Distilct Stratedes Solutions Through Demograph €es 16980 N. Dallas Parkway Suite 101 Dallas, Texas 75248 www. schooldistrictstrategies. com Disclaimer - Although School District Strategies (SDS) has used commercially reasonable efforts to obtain information from sources in a manner that SD5 believes to be reliable, we do not guarantee its accuracy and such information may be incomplete, condensed or interpolated. Information presented in this report represents our estimates as of the date of the publication and is subject to change without notice. This report is not intended as a recommendation or endorsement for any action taken by others. In no event will School District Strategies be liable for direct, indirect, incidental or consequential lost profits, lost savings, damages or other liabilities resulting from any information provided herein. Copyright 2014 S�hnol District Strategies. 34