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06-17-2014 Agenda with backupREGULAR SESSION CITY COUNCIL June 17, 2014, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Policy Values Economic Prosperity Fiscally Sustainable Family Friendly for All Ages High Quality of Life Safe Community Essential Services Attractive Community Innovative and Proactive Service Oriented Friendly City Call to Order — City Council Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Interim Pastor Don Snyder, Bracken United Methodist) 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. 06 -17 -2014 Council Agenda Workshop • Presentation discussion and direction regarding invocations at Council meetings. (Item requested by Councilmember Fowler) (B. Dennis/D. Schmoekel) 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. 1. Minutes — Approve the minutes of the regular meeting of June 10, 2014 (J. Kessel /B. Dennis) 2. Ordinance No. 14 -T -27 — Consideration and/or action approving an Ordinance authorizing a budget adjustment to establish additional expenditures in the FY 2013/14 Budget related to the upgrading of Fiber provided by Time Warner Cable. Final Reading (B. James/M. Clauser) 3. Resolution No. 14 -R -50 — Consideration and/or action approving a Resolution authorizing an amendment to the Existing Agreement for the upgrading of Fiber provided by Time Warner Cable, and other matters in connection therewith. (B. James/M. Clauser) 4. Ordinance No. 14 -T -30 — Consideration and/or action approving an Ordinance authorizing a budget amendment to establish additional expenditures in the FY 2013/14 budget related to the Southern Watershed Regional Water Reclamation Plant. Final Reading (J. Bierschwale /S. Willoughby /C. Raleigh) 5. Resolution No. 14 -R -51 — Consideration and/or action approving a Resolution authorizing a mowing and trimming contract services agreement with Maldonado Nursery & Landscaping, Inc., for the Parks, Recreation, and Community Services Department. (B. James /C. VanZandt) Discussion and Action Items 6. Ordinance No. 14 -S -29 — Consideration and/or action on a request to rezone approximately 434 acres of land, generally located on IH -35 Frontage Road approximately 350 ft. east of the intersection of IH -35 Frontage Road and Covers Cove, from General Business (GB) to Planned Development District (PDD). Final Reading (B. James /L. Wood/B. Cox) Roll Call Vote Confirmation Requests and Announcements 7. Announcements by City Manager • Citizen Kudos 06 -17 -2014 City Council Agenda Page - 2 - • 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 • Recognition of actions by community volunteers • Upcoming City Council agenda items Executive Session 10. City Council will meet in closed session under section 551.074 Evaluation of the City Secretary and Deputy City Secretary. Reconvene into Regular Session 1 Oa. Take any necessary action based on discussions held in closed session under Agenda Item number 10. Roll Call Vote Confirmation Adjournment 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 13TH DAY OF JUNE 2014 AT 1:30 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. Pwe vLOl a l� e vwu'bs renda 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: 06 -17 -2014 City Council Agenda Page - 3 - This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 - 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Mayor Pro -Tem Sca2liola — 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 06 -17 -2014 City Council Agenda Page - 4 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: June 17, 2014 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a regular meeting on June 10, 2014. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting on June 10, 2014. ATTACHMENT Minutes — regular meeting June 10, 2014 MINUTES REGULAR MEETING June 10, 2014 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 10, 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 Mayor Pro -Tem David Scagliola Councilmember Daryl John Councilmember Matthew Duke Staff Present: City Manager John Kessel Executive Director Brian James Chief of Staff Bob Cantu City Attorney Charles Zech City Secretary Brenda Dennis Call to Order at 1%. Mayor Pro -Tem Scagliola called the Regular Meeting to order at 6:00 p.m. Invocation and Pledges of Allegiance to the Flags of the United States and the State of Texas Pastor Luke Evans, Christ Church San Antonio the invocation follo the Pledges of Allegiance to the Flags of the United States and the State of Texas. Mayor Carpenter arrived at 6:05. I City Events and Announcements • Announcements of upcoming City Events (J. BierschwaleB. James) Mayor Carpenter recognized Executive Director of Development Brian James who provided the following announcements and upcoming events: • Wednesday, June 11, Two Wounded Veterans and their families will be presented keys to their new homes, Kensington Ranch Neighborhood, Rustic Willow Street (Selma) at 10:00 a.m. • Wednesday, June 11, 9th Anniversary Schertz Chamber Celebration, at Retama Park, 5:30 -8:00 p.m. • Saturday, June 14, Schertz Idol Open Auditions presented by HYPer, Discovery Church, 242 Country Lane in Cibolo, 4:00 -6:00 p.m. • Announcements and recognitions by City Manager (J. Kessel) No announcements provided at this time. Presentations 06 -10 -2014 Minutes Page - 1 - • Presentation from the 100 Club for small grant to the Police Department. (M. Hansen/J. Correu) Mayor Carpenter recognized Police Chief Michael Hansen who introduced CID Lt. John Correu who stated that a couple of months ago a grant became available through the 100 Club which they applied for and were recently awarded. Lt. Correu stated that this grant is part of the bigger projects the Police Department is facilitating. Lt. Correu stated that what they are trying to do for every Officer in the department is to have them complete the Law Enforcement and First Response Tactical Casualty Care Course. Those that are familiar with the military it is similar to the Combat Lifesaver Course. This course provides more than first aid for a critical incident. Upon completion of the course the police department has been able to purchase the first aid casualty kits through the grant for every police officer on the force. it V* Lt. Correu introduced Mr. Jim Blair and Ms. Judy Weaver, Guadalupe County 100 Club Directors who came forward explaining their organization and the grant opportunities. Ms. Weaver presented a check in the amount of $820.99. Chief Hansen stated that approximately nine months ago, Lt. orreu accepted the challenge to become their Grant Officer. In the nine months he has been very impressive with what he has been able to do. Total awards so far is $850.000 for the nine months. • Presentation on updated VisitSchertz.com website. (J. Taken Spence /L. Klepper /B. Cantu/M. Clauser) Mayor Carpenter recognized Computer and Web Technician JoAnna Takemura, Communications Manager Linda Klepper and Events Manager Mary Spence who came forward providing information on the development process and newly revised VisitSchertz.com website. Highlights included: • Planning and identifying content requirements Audience (Customers) — residents and visitors, event planners, event participators and volunteers • Different Audience (Customers) = Different Platform — informal portal, events, rentals, attractions, lodging and outdoors • Website development focus • Behind the scenes (backend) — mobile responsive, semantic, and custom design • Right Content and Accessibility (frontend) — right content, right place • Maintainability (City Staff) — enhanced maintainability by non - technical staff Mayor and Council congratulated them for the excellent work. Hearing of Residents: Mayor Carpenter recognized the following who spoke: • Mrs. Faye Touve, 5213 Brookline who spoke regarding agenda item 4, Nortex Farms Development. She stated they attended the Planning and Zoning meeting and that 06 -10 -2014 Minutes Page - 2 - • Workshop several of the residents met with the Denton Community Development Company last week. She stated they all have done a fantastic job. She complimented staff on making sure that this development didn't have the issues they had experienced in the Northcliff area. The main issue regarding this development is that Black Butte is going to be cut through. They would like to see Black Butte not cut through until the development is finished. Residents are concerned that instead of going to the Nortex entrance the construction vehicles would take a short cut down Covers Cove, up Columbia, down Brookline and through Black Butte, thus tearing up the roads as well expressed concern for the safety of the children in the neighborhoods. She understands from the code that there needs to be two (2) entrances in and out, and is asking Council to consider another way of accomplishing the same thing without cutting through Black Butte until after the development is finished. Mrs. Touve recommended the possibility of coming in off of Schwab Road. Mr. Henry Gutierrez, Bexar Waste who came forward stating fight with City of San Antonio regarding their excessive ti switched their operations to the Mesquite Creek L dfill in New ie (9) year Icy have • Discussion on the process and possible direction regarding designating Tri- County Parkway as "Honorary Mayor Bucker Blvd." (J. Kessel /B. Cantu) Mayor Carpenter recognized Chief of Staff Bob Cantu who introduced this item stating that staff was challenge to come up with a possible alternative for how they could honor Mayor Bucker. He stated that members of staff and the Mayor met and had discussions prior to the presentation this evening. Staff concluded that the best way to honor Mayor Bucker was to rename the parkway. Mr. Cantu introduced Superintendent of Fleet and Streets Doug Letbetter who brought forward a replica of how the street signs would look once Council approves. Mr. Cantu provided the following lists of streets where the signs would reflect Mayor Bucker's name: • Tri- County Pkwy & III 35 N • Tri- County Pkwy & Corridor Pkwy Tri - County Pkwy & Assembly Circle Tri- County Pkwy & Guada Coma Drive • Tri- County Pkwy & FM 3009 Mr. Cantu stated that staff will be putting together a letter to the area businesses explaining what the City is trying to do, and provide them information on Mayor Bucker and how he was instrumental and had a connection with the area. Mr. Cantu stated that staff will also be placing a story in an upcoming issue of the Schertz Magazine. The whole project will cost the City $350.00 to do all six signs. Mayor Carpenter stated that during the time frame, 1973 to 1980 during Mayor Bucker's term, the land up to 35 was not in the boundaries of the City of Schertz. This area most likely would have been picked up by the City of San Antonio, but Mayor Bucker at that time was a realtor who on his own time walked and met with the land owners. 06 -10 -2014 Minutes Page - 3 - The Mayor had been in the military, stationed in Germany where he picked up a little German, just enough to go out and have a conversation with some of the landowners in the language they had grown up speaking. Mayor Bueker asked each of the landowners personally to commit to petitioning to be in or accepting the annexation of Schertz. If not for this, the land would not be here and we would not have businesses like Amazon.com or the Baptist Hospital or any of the businesses up in Tri- County area. He stated it was a significant contribution to the City thirty years before some of the successes were realized. Mayor Carpenter stated it is absolutely fitting and thanked and congratulated staff for coming up with a way where (a) it's not burdensome as to cost; (b) not burdensome to the businesses. They don't have to change their addresses, their stationary, that could be very disruptive and expensive. The point of equilibrium is gained where we get to honor the former Mayor and not disturb the community that is trying to earn a living. Mayor Carpenter requested staff to order more than si x (6) signs, as he wants to make a presentation and give one to Mayor Bucker. hh, Mayor Carpenter recognized City Manager John Kessel who pointed out the names of Brian Chellino and Bryan Timmons city employees of our sign shop. Mr. Kessel thanked each of them as staff had described what they were looking for and these individuals came up with the design and this has the wow factor. Mayor Carpenter stated that it adds to it that we have city staff employees who actually crafted the design, which is exceptional and requested that they actually make the presentation to Mayor Bueker, that this is their handy work and mark on the City. �'� 1w Consent Agenda Items The Consent Agenda is considered self- explanatFry and wilrbe 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. 1. Minutes — Approve the minutes of the regular meeting of June 3, 2014 (J. Kessel /B. Dennis) 2. Ordinance No. 14 -F -18 — Approval of an Ordinance amending Ordinance No. 14 -F -01, City Public Service (CPS Energy); amending the City's Franchise Fee. Final Reading (J. Kessel /J. Kessel) The following was read into record: ORDINANCE NO. 14 -F -18 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING ORDINANCE NO. 14 -F -18, CITY PUBLIC SERVICE (CPS ENERGY); PROVIDING FOR ADOPTION; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY NOT IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. 06 -10 -2014 Minutes Page - 4 - 3. Resolution No. 14 -R -49 — Approve a Resolution amending Resolution No. 14 -R -36 authorizing a Landscape Construction and Maintenance Agreement with the Texas Department of Transportation regarding the landscaping of the Comal Settlement Historical Marker. (J. KesselB. James) The following was read into record: RESOLUTION NO. 14 -R -49 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING RESOLUTION 14 -R -36 AUTHORIZING A LANDSCAPE CONSTRUCTION AND MAINTENANCE AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION REGARDING THE LANDSCAPING OF THE COMAL SETTLEMENT HISTORICAL MARKER, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember John to approve the consent agenda items 1, 2 and 3. The vote was 4 -0 -1 with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, and Duke voting yes, and Councilmember Edwards abstain' g. Motion Carried. Discussion and Action Items 4. Ordinance No. 14 -S -29 - Conduct a public hearing and consider action on a request to rezone approximately 434 acres of land, generally located on IH -35 Frontage Road approximately 350 ft. east of the intersection of IH -35 Frontage Road and Covers Cove, from General Business (GB) to Planned Development District (PDD). First Reading (B. James /L. Wood/B. Cox) The following was read into record: ry ORDINANCE NO. 14 -S -29 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 434 ACRES OF LAND FROM GENERAL BUSINESS TO PLANNED DEVELOPMENT DISTRICT (PDD). Mayor Carpenter recognized Planner 1 Bryce Cox who introduced this item stating that the applicant is proposing to rezone approximately 434 acres of land generally located on IH -35 Frontage Road approximately 350 ft. east of the intersection of IH -35 Frontage Road and Covers Cove, from General Business (GB) to Planned Development District (PDD). The public hearing notice was published in "The Daily Commercial Recorder" on May 23, 2014 and the "Herald" on May 28, 2014. One hundred and thirty four (134) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on May 2, 2014. 06 -10 -2014 Minutes Page - 5 - At the time of this staff report sixteen (16) total responses were received, one (1) response in favor of the request and fifteen (15) responses opposed to the request. Mr. Cox stated Nor -Tex HQ Farm, Ltd. is requesting to rezone approximately 434 acres of land to Planned Development District (PDD) 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 Staff reviewed the request for conformance with the Comprehensive Land Use Plan (CLUP) and the subject property is identified as containing highway commercial, commercial campus, and single family residential uses. Highway commercial and commercial campus land uses focus on areas of large format retail, restaurants, entertainment uses, office space and multi - family apartments. The areas identified on the Master Development Plan as commercial and multifamily are consistent with the areas designated in the CLUP as highway commercial and commercial campus. The area designated as single family consists of clusters of single family lots and generous amounts of open space. The PDD identifies four (4) different minimum lot sizes for single family residential: 6,600 square feet, 7,200 square feet, 7,800 square feet and 9,000 square feet as'' shown in table two: dimensional requirements chart in the PDD. Additionally there are approximately 75 acres of open space and parkland proposed. The Master Development Plan identifies an overall density of 2.7 dwelling units per acre for the single family residential area. The PDD also provides for some specific development standards. 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. 1. Table Two — Dimensional Requirements- Residential of the PDD requires a minimum rear yard setback of 15' for all single family residential lots. Townhome districts are proposed as 10' front yard setbacks, 0' side yard setback, and 10' rear yard setback. `vr 2.n Architectural ReviCommittee of members appointed by the Developer, to dew residential construction plans for compliance with the PDD design standards anded restrictions, prior to submitting the plans to the City for building permits. 3. A 20' landscape buffer will be provided on each side of the internal "spine" road and will have an average of 1 tree per 25'. Additionally a 35' landscape buffer is required between the commercial district and single family residential district. 4. A 6' wood fence or masonry fence, with masonry columns is required along the internal collector streets. The fence will be maintained by the HOA. 5. The applicant is proposing additional subdivision entry signs known as "Pod Signs" which will be placed along the "spine" road to identify the different neighborhoods and provide a sense of community. These signs are proposed as having an area less than thirty two square feet and consisting of lettering and a logo. 06 -10 -2014 Minutes Page - 6 - 6. The applicant is proposing additional development signs known as "Internal Development Signs ". These signs will be constructed of wood or metal and advertise the community, builders, and land uses. These signs will be limited to thirty two square feet and can only be placed near the pod entrances. One sign per platted unit will be allowed, for duration of three years or 75% build -out, whichever occurs first. 7. The development of the subject property shall generally conform to the attached Master Development Plan exhibit. The Planning and Zoning Commission conducted the public hearing on May 14, 2014 and offered a recommendation of approval by a vote of 6/1 with Commissioner Evans voting nay. Mayor Carpenter recognized Mr. Dixie Watkins, Land Planner and Mr. Dan Kossel the Developer of the project who provided a PowerPoint on the project. A full copy of the power point can be obtained in the City Secretary's office. Mayor Carpenter opened the public hearing and recognized the following: o Mr. Robert Brockman, 1000 Elbel, who addressed his concern as to who will be responsible to maintain the road between Schertz and Cibolo. Mr. Brockman also asked about the changes to the UDC that Mr. Cox had addressed, and should Council be concerned. Mayor Carpenter stated that staff will try and address his questions during the discussion and answer portion. As no one else spoke, Mayor Carpenter closed the publ Baring. Mayor Carpenter asked if staff or the developer had any further commentary based on Mr. Brockman's questions before he opened it up for Council discussion. Mayor Carpenter recognized Planner 1 Bryce Cox who addressed Mr. Brockman's questions regarding the roadway. He stated that the City will maintain any roadway that is within the city limits of Schertz. He stated that one thing that staff had talked about was working with the City of Cibolo to possibly do some boundary changes and actually make the city limit line that roadway. Mr. Cox stated that he would get with Mr. Brockman to address his questions regarding the UDC changes. Mayor Carpenter opened it up for Council questions and comments and recognized Councilmember Fowler who asked the following questions: • Is there another exit point off IH 35 or will you have to come off the FM 1103 exit, stating that the traffic in the area is already heavy? Mr. Dan Kossel, Developer answered that it is the only exit that is afforded them unless they come through Northcliff or Scenic Hills and come back around to IH 35. He also mentioned Greenvalley Road to the east. Councilmember Fowler again stated his concern regarding the traffic flow in the area. • Addressed his concerns with keeping the construction vehicles out of the Northcliff area. Mr. Kossel stated that he had talked about this issue with the Homeowners during their meeting and they are in favor of putting some type of obstacles or 06 -10 -2014 Minutes Page - 7 - barricades up, as they have no business being in that area. Mr. Kossel stated that they are more than happy to cooperate with the request and will get with staff. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated that he agrees with Councilmember Fowler and there is a need to take care of the issues now before they become bigger issues. He would like an agreement that Black Butte will not be used as a thoroughfare through the process, and needs a guarantee that Nortex Drive will be used as the primary entrance. Regarding the agreement with Cibolo, he is unsure what Cibolo has planned for their portion of this subdivision, and doesn't get the impression that they will be working on this any time soon. Mayor Pro -Tem Scagliola stated that it looks like there is two ways into the subdivision, when actually there is only one primary entrance. He thinks it is an illusion that Schwab Road is going to hook up to this subdivision somewhere. It is an illusion and it is not going to happen from what he can see on the paperwork. There is a drainage area between. Mayor Pro -Tem Scagliola stated that Schwab Road needs to be part of this plan; otherwise you really do not have two entrances and exits. He stated that the other reason Schwab Road needs to be part of this plan is that people leaving the subdivision will be going down Schwab Road to go off to New Braunfels or San Antonio with no problem, but someone coming back from New Braunfels, what is their option? Their option is to go to exit 178/FM 1103; there is not a Texas turnaround there, you have to do two left hand turns and drive two miles into the subdivision. He does not understand the rational for not completing Schwab Road but he would mandate that as part of the Thoroughfare Plan it be incorporated into this plan. Find some way to connect Nortex Drive to Schwab Road, and it should be a requirement. I Regarding density, he doesn't believe you gain anything by increasing density in a subdivision, roof tops don't pay for themselves. Sixty foot lots he thinks should be the minimum. Mayor Pro -Tem Scagliola stated that he likes the ideas of Nortex Drive, and if some day it eventually gets hooked up to Green Valley Drive, believes it will be a thing of beauty, but you can't mandate or make that happen anytime soon. Mayor Pro -Tem Scagliola stated that along Nortex Drive, there were options to have wood fences or stone. He stated that they put up wood fences in the Northcliff area and it was up to the HOA's to keep them in repair. The wood fences looked great for about a year but after that they are in disrepair. He would like it to be just masonary. Mayor Carpenter recognized Director of Development Brian James who came forward addressing Mayor Pro-Tern Scagliola' s concerns on zoning, stating that the zoning is a discretionary event; you could certainly deny the zoning request and the applicant can go back to the drawing board and come back with something else, or again the Council could say we feel this is most appropriate with the going from GB to PDD zoning. Mayor Pro -Tem Scagliola stated that he likes the open space plan, but is concerned with the 55 foot lots. Mr. James stated that one of the things, and he offers credit to Mr. Richmond of the Planning and Zoning Commission, as he brought this up on the lot size and the minimum requirements. Mr. James described for Mayor Pro -Tem Scagliola the requirements of straight zoning verses what is being proposed this evening, he showed lots up in the northern end that were much bigger than the minimums due the curve linear pattern. The zoning 06 -10 -2014 Minutes Page - 8 - indicates a minimum but when they lock in the layout, the lot sizes get bigger as they go up based on the widths. While you have a benchmark that they are smaller, unlike other plans where they do every lot at that minimum, that is not what you get with this project, the lots are much bigger. Is it about setting a minimum or is about I don't want something that everything looks the same, no amenities. The idea is that if we flex on the lot size and provide for that variability we can get the other things in the subdivision the city is looking for. Mr. James addressed the traffic issue stating that whenever you have a lack of road infrastructure with connectivity in our community that creates challenges. Mr. James stated that they have been reviewing the RFQ for the update of the Thoroughfare Plan as well as the Roadway Impact fee ordinance that is one study together, so that they can come back with information as to how to fund some of these issues. The challenge that the Developer has is Schwab Road where it connects to IH 35 is a mess, there are floodplain issues and he does not know how much it is going to cost, and they do not own that property. We cannot require the developer to build that connection; we are going to rely on that Thoroughfare Plan to meet our requirements. We are going to allow them two points of access and we are going to have to start reaching out to the City of Cibolo and work more closely as development is here and plan our infrastructure to minimize the problems as best we can. Mayor Pro -Tem Scagliol ,again stated that they need another entrance and exit to this subdivision. Carpenter Mayor Ca recognized Councilmember Edwards w stated the density of the Y � g tY neighborhood makes sense, when you couple it with the retail it gives us a lot more viability on IH 35. He understands the issue of double entrances in an out for the neighborhood. He stated it is a great synergy when we see the types of homes going in. He has personally visited some of the neighborhoods they have developed and these are beautiful and great work. We need to step aside and let progress continue, do a little at a time to address the issue of Schwab Road. We are here to monitor but let's be thoughtful and make sure we are able to put in place the right projects. We encourage great development and that is what he believes they have this evening. This is a great project and stated he believes they need to move forward. ',,. Mayor Carpenter recognized Councilmember Duke who stated that he also has been to many of the communities the developers have built, and is quite impressed. He stated that having a good mixture of lots sizes is important as different people have different needs. Councilmember Duke agrees that we have a potential concern for having two entries out. He would be interested to hear what the possibilities might be to resolve this from the city, from the developer, and possible joint options. This would be helpful to him to understand. He is excited to see this type of development in the area. Mayor Carpenter stated that the City had purchased some land adjacent to this property that basically was undevelopable. The vision at that time when we purchased that, which a number of staff and Councilmembers have called that particular piece of land rather unceremoniously "Baldwin Point ", was the vision that, that high point which was undevelopable would cascade down into the lower elevations here within Nortex and create a large city park. If you look at what we have before us, the school site which is adjacent to the City's park space does in fact fulfill their earlier vision. This development is the first step 06 -10 -2014 Minutes Page - 9 - toward their vision. Mayor Carpenter stated that Councilmember Edwards brought up a good point about a little at a time, in French "Un peu a la fois ", a little at a time, not all at once. It is difficult to do this all this at once. Fixing the problems they have with Schwab Road that has been there for decades, is going to have to go with time, this development is the first step toward that. Mayor Carpenter does share the residents, and other Councilmembers concern about traffic on Black Butte. There have been unfortunate experiences in the past with large construction vehicles plowing through established neighborhoods. Anything that staff can do in working with the developer to limit traffic in those areas will be important tor-Us. Mayor Carpenter stated that we have a 6 to 1 vote from our Planning and Zoning Commission, and this Council doesn't often overturn the advice of our boards, commission and committees, and in this case he would ask and advise this Council not to overturn the advice given to them by Planning and Zoning. He stated that we have on this citizen board an enormous amount of experience and particular with some of them being on there that have watched us as we have gone from the R6 and R7, cookie cutter subdivisions to what we have evolved today. Mayor Carpenter stated we have by our own actions gotten rid of the R6 and R7's by asking for and ultimately demanding a different kind of product. We are in a very different place than we were a decade ago. Lastly, as a PDD it does in fact give us the ability to maintain our desired frontage, which is commercial up and down IH 35 on one side and residential on the other. This fulfills the vision of the City that has been there for decades. He believes that this should be a PDD and approve the zoning change. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated that he does appreciate the work the Planning and Zoning Commission has done, but the Planning and Zoning Commission reviews things for compliance and conformance, making sure it follows the UDC, they do an exceptional job. Our job is to ensure the compliance with the community needs both the present and the future. He stated he likes the layout; Schwab Road to him is almost non - negotiable. It needs to be fixed and is an overriding concern of his. He has had on occasion expressed his concern and it was not addressed and then later it came back. He doesn't want one of those moments to come back as "I told you so" moments if Schwab Road isn't addressed. Mayor Pro -Tem Scagliola stated he likes Councilmember Dukes idea of exploring the options. Right now all we are looking for is a zoning change, unfortunately once we do the zoning change what you see in front of you is pretty much locked it and agrees that we do need some options. Mayor Carpenter recognized Councilmember Fowler who stated that as the area around Schwab Road continues to grow commercially, possibly at that time the road improvements could be addressed. He stated that the recommendation he will be making is that we have to look at getting another exit off IH 35. We need to start working with the State to get the ball rolling. Councilmember Fowler stated that he believes that they should go with the zoning change but on top of that we need to be looking into the future about getting those roads fixed to be able to control traffic on FM 1103, not only out of the Nortex area but also from the areas being built up by Cibolo. 06 -10 -2014 Minutes Page - 10- Mayor Carpenter recognized Councilmember Duke who added the following from his earlier comments, clarifying what he is looking for. He would like to see if they could come back in two weeks at final reading to get general thoughts on what the options could be, not just with the developer but what the City could do for this as well as if there are any cooperative efforts out there that we could look at. He doesn't want the City or the Developer to spend a lot of time and money on this but generally wants to know what options there could be both for the traffic as well as the Schwab Road issues. Mayor Carpenter recognized Mr. George Werron, Engineer for the project, who came forward addressing the progression of the development and how it would likely occur as well as traffic concerns. He pointed out the possible connections and roads that are currently being proposed on the plan and pointed out additional information with the developments currently going on in the City of Cibolo. Mr. Werron addressed the Schwab Road issue statin g Y that the way the code reads whatever is on their property they build 100% and whatever is half on their property they build 50 %. He stated that within their limits they are building a long stretch of Schwab Road. Looking at the traffic impact analysis, does Nortex Drive control the traffic of the residential? Absolutely it does. There is a feed that goes to IH 35 that is contained within the collector road that meets the traffic demands of the residential. What Schwab Road does not do is that it does not change the situation that occurs at Schwab and IH 35, it still exists, they are still going to the same point. While he understands the need to do something with Schwab Road connectivity wise, what you are going to find once the commercial is developed, which really the traffic demand will come in place, the hard corner which is not on their property will be developed. They serve all of their need through Nortex Drive. He also stated there are alternate alternatives for secondary access. Mayor Carpenter stated that with Councilmember Dukes suggestion of having a final reading in two weeks makes a lot of sense and believes that some of the questions that have been brought up from Council can be addressed by staff and the developer. Mayor Carpenter recognized Councilmember Edwards who stated this is a viable product, a project that has been placed before them that fits all of their needs, and all of our requirements and criteria. He understands there are issues about the road, but the State of Texas is growing at a rate of 1000 new residents a day, he doesn't think that us building 750 homes over the next three to five years is going to add that much to that issue. If they are developing and putting $100,000,000 into this project, from a business stand point, time is money. Every day we delay it cost the developer more money, every day we delay it will cost the City more money. While he understands waiting two weeks, he stated he wants to move forward. Councilmember Edwards stated that as mentioned they have a committee, Planning and Zoning that said this is the best project and the best opportunity for us, but we are asking staff and the developer to go out and do more work and come back in two weeks. Again he stated time is money and he wants to be efficient. Mayor Carpenter stated that procedurally they can have it on the agenda next week for second reading and if we find that we have things that are unresolvable, we can simply postpone to the following week if that is amendable to the Council. Mayor Carpenter stated that they have had a good and robust discussion on this item and is desirous of an outcome. 06 -10 -2014 Minutes Page - 11 - Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember Edwards to approve Ordinance No. 14 -S -29 on first reading. Mayor Carpenter recognized Councilmember Duke who stated that given those circumstances he would like to see, not at the second reading, but sometime before the platting, it would be appropriate to look at the infrastructure and some of the options they could do from the City's standpoint. City Manager John Kessel stated that they will do their very best to get him some information, possibly not before second reading. As there was no more discussion or commentary, Mayor Carpenter called for the vote. The vote was 4 -1 -0 with Councilmembers Fowler, John, Edwards, and Duke voting yes, Mayor Pro -Tem Scagliola voting no. Motion Carried. - 4( Aw 5. Ordinance No. 14 -T -27 - Consideration and/or action approving an Ordinance authorizing a budget adjustment to establish additional expenditures in the FY 2013/14 Budget related to the upgrading of Fiber provided by Time Warner Cable. First Reading (B. James /M. Clauser) Ilk- The following was read into record: , ORDINANCE NO. 14 -T-27 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO ESTABLISH ADDITIONAL EXPENDITURES IN THE FY 2013 -14 BUDGET IN THE AMOUNT OF $2,712.00 RELATED TO THE UPGRADING OF FIBER PROVIDED BY TIME WARNER CABLE FROM 2 MBPS TO 10 MBPS TO INCREASE BANDWIDTH TO COVER THE DEMAND THAT PUBLIC SAFETY DEPARTMENTS AT STATION 2 LOCATED AT 19085 IH 35 HAVE ON OUR NETWORK; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized IT Director Myles Clauser who introduced this item addressing questions from Council. Mr. Clauser stated the I.T. Dept. is charged with ensuring reliable and efficient services to staff and residents of our City. Part of our mandate is to provide reliable and responsive internet connectivity to support our various departments, including our Public Safety staff. This connectivity carries all internet traffic to and from our various websites, provides remote - access to staff, and acts as a conduit for most of our other business related web communications, including email, etc. The City currently utilizes Time Warner Cable (TWC) for internet services. The service from City Hall to Station 2 ERC at 19085 IH 35 is a 2 Mbps service. It no longer meets our current needs and does not allow for growth. The City therefore needs to upgrade its internet access. Mr. Clauser addressed questions from Council. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Duke to approve Ordinance No. 14 -T -27 on first reading. The vote was 06 -10 -2014 Minutes Page -12 - 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 -T -30 – Consideration and/or action approving an Ordinance authorizing a budget amendment to establish additional expenditures in the FY 2013/14 budget related to the Southern Watershed Regional Water Reclamation Plant. First Reading (J. Bierschwale /S. Willoughby /C. Raleigh) The following was read into record: ORDINANCE NO. 14 -T -30 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO ESTABLISH ADDITIONAL EXPENDITURES IN THE FY 2013 -14 BUDGET RELATED TO THE SOUTHERN WATERSHED REGIONAL WATER RECLAMATION PLANT, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Public Works Coor orator ind Raleigh wh ntroduced this item addressing questions from Council. She stated the City entered into an Interlocal Agreement with Cibolo Creek Municipal Authority (CCMA) for the preliminary engineering and design work to construct the Southern Watershed Regional Water Reclamation Plant in August 2012 with Resolution 12 -R -72. The Agreement with CCMA is to design a Wastewater Treatment Plant (WWTP) that will service the Schertz residents south of FM 78. Currently, the project is in the engineering and design phase. CCMA sent a letter to the City requesting to increase the budget for the plant by an amount not to exceed $10,000 to hire a Landscape Architect for aesthetic and screening purposes of the plant. The original estimated budget for Engineering and Design of the project is $267,000. Fiscal Impact is $10,000 added to the original estimated Engineering and Design Budget for an estimated total of $277,000 to be paid from the Capital Recovery Fund. Staff recommends approval. '4—. ,e Mayor Carpenter recognized Mayor Pro -Tem Scagliola, who moved, seconded by Councilmember Edwards to approve Ordinance No. 14 -T -30 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 City Secretary Brenda Dennis who recapped the votes of items 1 through 6. Mayor Carpenter moved to the executive session portion of the agenda. Executive Session Mayor Carpenter recessed the regular meeting into executive session at 8:29 p.m. 06 -10 -2014 Minutes Page - 13 - 10. City Council will meet in closed session under section 551.087 Texas Government Code, Deliberation regarding Economic Development Negotiations with business prospect E -003 and E -004. Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 8:59 p.m. 10.a. Take any necessary action based on discussions held inclosed under Agenda Item number 10. No action taken as a result of executive session. Requests and Announcements 7. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Mayor Carpenter recognized City Manager John Kessel who seed that as everyone knows he has a farrow cat and has appreciated the help Animal Services has given him on that. Unfortunately, he has a neighbor that also has a farrow cat who managed to get pregnant. That particular cat had kittens under his porch. He has managed to trap the kittens with the aid of Animal Services. The kittens are for rent or perhaps for purchase. Mr. Kessel stated that his point is staff does an amazing job; they even walked him through how to trap the kittens. He personally wanted to thank them. Mr. Kessel also stated that next week he will be on vacation. 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated that when he was in the City of Uvalde, he noticed that they had a similar situation as we have at FM 78 and FM 1518. He stated that when the light turns red everyone has to come to a stop at that particular intersection. He stated that if the right hand lane was a flow through lane then there would not be a need to come to a stop. He requested staff get with the Transportation Safety Advisory Commission to evaluate the situation and explore the idea of flow through lanes in the areas of FM 78 and FM 1518 and the street past First Street. Councilmember Fowler concurred with Mayor Pro-Tern Scagliola and also requested that staff possible get with the State Representatives to get help on this as well. Mayor Carpenter requested the City Secretary put back on next week's agenda the continuation of the evaluation of the City Secretary and Deputy City Secretary Council had not concluded their business. 06 -10 -2014 Minutes Page - 14- 9. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments • 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: • Thursday, June 5, Chick -fil -A Ribbon Cutting • Friday, June 6, Cibolo Dental Ribbon Cut ' a Mayor Carpenter stated he also attende ick- fil-,ribbon cutting on Thursday. Mayor Carpenter stated that he recently attended the Northeast Partnership Mayor's Workshop meeting. Two things of interest (1) they have begun work as an organization pursuing consideration by the Alamo Area MPO for projects that will be awarded two years from now, (2) they are looking to find organizations similar to the Northeast Partnership that are in the Dallas, Houston, Austin areas that they might begin a dialog with, such that when we have things that are of interest to our type of Metrocom community, we can gather in others from around the state to increase our influence with regard as to what goes on in Austin. Adjournment As there was no further business; e meeting was a4journed at 9:06 p.m. -,q4N 1 ATTEST: Brenda Dennis, City Secretary 06 -10 -2014 Minutes Page - 15 - Michael R. Carpenter, Mayor Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: June 17, 2014 Department: Information Technologies Subject: Ordinance No. 14 -T -27 Approval of an Ordinance authorizing a budget adjustment to establish additional expenditures in the FY 2013/14 Budget related to the upgrading of Fiber provided by Time Warner Cable. Final Reading (B. James/M. Clauser). BACKGROUND: The I.T. Dept. is charged with ensuring reliable and efficient services to staff and residents of our City. Part of our mandate is to provide reliable and responsive internet connectivity to support our various departments, including our Public Safety staff. This connectivity carries all internet traffic to and from our various websites, provides remote - access to staff, and acts as a conduit for most of our other business related web communications, including email, etc. The City currently utilizes Time Warner Cable (TWC) for internet services. The service from City Hall to Station 2 ERC at 19085 IH 35 is a 2 Mbps service. It no longer meets our current needs and does not allow for growth. The City therefore needs to upgrade its internet access. The proposed TWC contract will increase our bandwidth from 2mbps by 2 mbps (2x2) to a 10 mbps by 10 mbps (10x10) connection to the Station 2 ERC location at 19085 IH 35. This increase will allow us meet our current demands for access. However, it is anticipated that demand for internet -based connectivity will continue to rise as the City continues to grow. As that demand increases additional bandwidth will become necessary, and the I.T. department will return to Council for authorization. The I.T. Dept. is requesting approval of Ordinance No. 14 -T -27 for a budget adjustment so that the City can amend our current contract with Time Warner Cable to provide the increased bandwidth. City Council approved this on first reading at their meeting of June 10, 2014. GOAL: To increase our internet bandwidth for the City to meet demands for reliable, responsive service by our Public Safety personnel. 50492900.1 City Council Memorandum Page 2 COMMUNITY BENEFIT: The increase will allows us to cover the current demand that all internet -based services have on our existing systems, as well as the meeting the increasing demand from Public Safety employees. SUMMARY OF RECOMMENDED ACTION: Approval of final reading of Ordinance No. 14 -T -27 authorizing a budget adjustment for increased bandwidth with Time Warner Cable for services from City Hall to Station 2 ERC at 19085 IH 35. FISCAL IMPACT The I.T. Dept. is requesting a budget adjustment in the amount of $2,712.00 for this current fiscal year. These funds will be moved from 101 - 257 - 551400 Fire Dept. and 203 - 280 - 533330 EMS Dept. into the I.T. Dept. budget 101 - 853 - 533330 Telephone /Internet. The remaining expenses for FY 14 -15 will be $10,800.00 and FY 15 -16 will be $10,800.00 and $8,088.00 for FY 16 -17 will be budgeted under the I.T. Dept. account number 101 - 853 - 533330 for Telephone /Internet Services. STAFF RECOMMENDATION Approval of Final Reading of Ordinance No. 14 -T -27 ATTACHMENT Ordinance No. 14 -T -27 ORDINANCE NO. 14 -T -27 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO ESTABLISH ADDITIONAL EXPENDITURES IN THE FY 2013 -14 BUDGET IN THE AMOUNT OF $2,712.00 RELATED TO THE UPGRADING OF FIBER PROVIDED BY TIME WARNER CABLE FROM 2 MBPS TO 10 MBPS TO INCREASE BANDWIDTH TO COVER THE DEMAND THAT PUBLIC SAFETY DEPARTMENTS AT STATION 2 LOCATED AT 19085 11135 HAVE ON OUR NETWORK; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City wishes to increase our internet bandwidth to from 2 Mbps to 10 Mbps to Station 2 ERC at 19085 11135 to cover the demand for current and future needs; and WHEREAS, the City needs to establish a budget of $2,712.00 for the remainder of this fiscal year and the I.T. dept. will budget the remaining $10,800.00 FY 14 -15 and $10,800.00 for FY 15 -16 and $8,088.00 for FY 16 -17; and WHEREAS, the City Council has determined that it is in the best interests of the City to authorize a budget adjustment to fund this fiscal year's expenses of $2,712.00. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City authorizes a budget adjustment to transfer $1,356.00 from the Fire Department Fund 101- 257 - 551400 account and $1,356.00 from the EMS Department Fund 203- 280- 533330 to help fund the increased bandwidth with Time Warner Cable. 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 10th day of June 2014. PASSED, APPROVED and ADOPTED ON SECOND READING, the 17th day of June, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50558021.1 - 2 - Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: June 17, 2014 Department: Information Technologies Subject: Resolution No. 14 -R -50 Consideration and/or action approving a Resolution authorizing an amendment to the existing Agreement for the upgrading of fiber provided by Time Warner Cable to increase the bandwidth at Station 2 ERC at 19085 IH 35, and other matters in connection therewith. BACKGROUND: The I.T. Dept. is charged with ensuring reliable and efficient services to staff and residents of our City. Part of our mandate is to provide reliable and responsive internet connectivity to support our various departments, including our Public Safety staff. This connectivity carries all internet traffic to and from our various websites, provides remote - access to staff, and acts as a conduit for most of our other business related web communications, including email, etc. The City currently utilizes Time Warner Cable (TWC) for internet services. The service from City Hall to Station 2 ERC at 19085 IH 35 is a 2 Mbps service. It no longer meets our current needs and does not allow for growth. The City therefore needs to upgrade its internet access to this location. The proposed TWC contract will increase our bandwidth from 2mbps by 2 mbps (2x2) to a 10 mbps by 10 mbps (10x10) connection to the Station 2 ERC location at 19085 IH 35. This increase will allow us meet our current demands for access. However, it is anticipated that demand for internet -based connectivity will continue to rise as the City continues to grow. As that demand increases additional bandwidth will become necessary, and the I.T. department will return to Council for authorization. The I.T. Dept. is requesting approval of Resolution No. 14 -R -50 so that the City can amend our current contract with Time Warner Cable to provide the increased bandwidth. GOAL: To increase our internet bandwidth for the City to meet demands for reliable, responsive service by our Public Safety personnel. 50492900.1 City Council Memorandum Page 2 COMMUNITY BENEFIT: The increase will allows us to cover the current demand that all internet -based services have on our existing systems, as well as the meeting the increasing demand from Public Safety employees. SUMMARY OF RECOMMENDED ACTION: Acceptance of the Resolution 14 -R -50 to increase bandwidth with Time Warner Cable to Station 2 ERC at 19085 IH 35. FISCAL IMPACT The funds required for 4 months of this fiscal year, or $2,712.00 will be provided from the 101- 257- 551400 Fire Dept. and 203 - 280 - 533330 EMS Dept. into the I.T. Dept. budget 101 -853- 533330 Telephone /Internet. The remaining expenses for FY 14 -15 will be $10,800.00 and FY 15 -16 will be $10,800.00 and eight months in the FY 16 -17 for $8,088.00 will be budgeted under the I.T. Dept. account number 101- 853 - 533330 for Telephone /Internet Services. STAFF RECOMMENDATION Approval of Resolution No. 14 -R -50 ATTACHMENT Resolution No. 14 -R -50 RESOLUTION NO. 14 -R -50 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE EXISTING AGREEMENT FOR THE UPGRADING OF FIBER PROVIDED BY TIME WARNER CABLE TO STATION 2 ERC AT 19085 IH 35 FROM A 2 MBPS SERVICE TO A 10 MBPS SERVICE TO INCREASE BANDWIDTH FOR PUBLIC SAFETY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an Agreement with Time Warner Cable, relating to increased bandwidth for internet access for Public Safety at Station 2 ERC at 19085 IH 35 in the amount of $2,712.00 for the current fiscal year and $10,800.00 per year for both FY 14 -15 and FY 15 -16 and $8,088.00 for the FY 16 -17; and WHEREAS, this increase will allow us to meet the mandate that Public Safety internet access has on our network; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Time Warner Cable pursuant to the agreement attached hereto as Exhibit A (the "Agreement ". BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Time Warner Cable for increased bandwidth in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. 50494755.1 Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 17th of June, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50494755.1 EXHIBIT A SERVICE ORDER AGREEMENT 50494755.1 A -1 Account Executive: Tiffany Creamer Phone: (210) 582 -9574 ext: Cell Phone: (210) 347 -5419 Fax: (210) 384 -3489 Email: tiffany.creamer @twcable.com Order # 4244702 Internet and Video Order Information For 19085 Ih 35 N Schertz tx 78154 Service Type Ethernet (Fiber) Page 1 of 3 Customer Requested Due Date Business Name CITY OF SCHERTZ Customer Type: Existing Customer Federal Tax ID Tax Exempt Status Tax Exempt Certificate # ***9344 Billing Address Attention To: Account Number 1400 SCHERTZ PKWY SCHERTZ TX 78154 8260140190106213 Billing Contact Billing Contact Phone Billing Contact Email Address John Kessel 210 619 -1000 jkessel@schertz.com Authorized Contact Authorized Contact Phone Authorized Contact Email Address John Kessel 210) 619 -1000 jkessel @schertz.com Technical Contact Technical Contact Phone Technical Contact Email Address Myles Clauser 210 619 -1180 mclauser@schertz.com Internet and Video Order Information For 19085 Ih 35 N Schertz tx 78154 Service Type Ethernet (Fiber) Page 1 of 3 Customer Requested Due Date Internet and Video Order Information For 1400 Schertz Pkwy FIBER Schertz TX 78154 Customer Requested Service Type Due Date Ethernet (Fiber) Current Services and Monthly charges At 1400 Schertz Pkwy Unit FIBER, Schertz TX 78154 Description Quantity Sales Price EPL Interstate 10 Mbps Monthly Recurring Total 29 Static IP $872.00 1 *Total $40.00 $0.00 $40.00 DIA Tracking - 3 YR *Prices do not include taxes and fees. 1 Installation $0.00 $0.00 $0.00 Dedicated Internet Access 50M 1 $0.00 $1,337.00 $1,337.00 *Total $1,377.00 *Prices do not include taxes and fees. New and Revised Services and Monthly Charges At Description 1400 Schertz Pkwy Unit FIBER, Schertz TX 78154 Monthly Quantity Sales Price Recurring Total Contract Term EPL Interstate 10 Mb s 1 $0.00 $0.00 36 Months Ethernet EPL HUB 1 $0.00 $0.00 36 Months *Total $0.00 *Prices do not include taxes and fees. New and Revised Services and Monthly Charges At 19085 Ih 35 N , Schertz tx 78154 Monthly Description Quantity Sales Price Recurring Total Contract Term EPL Interstate 10 Mbps 1 $872.00 $872.00 36 Months *Total $0.00 $872.00 *Prices do not include taxes and fees. One Time fees At 19085 Ih 35 N , Schertz tx 78154 Description Quantity Sales Price Total Installation 1 $0.00 $0.00 Total $0.00 *Prices do not include taxes and fees. One Time fees At 1400 Schertz Pkwy Unit FIBER, Schertz TX 78154 Description Quantity Sales Price Total Installation 1 $0.00 $0.00 Total $0.00 *Prices do not include taxes and fees. Page 2 of 3 Special Terms The services, products, prices and terms identified on this Service Order constitute Time Warner Cable's offer to provide such services on such terms. Until Customer has accepted this offer by signing as appropriate below, Time Warner Cable reserves the right to rescind this offer at any time, at its sole discretion. Electronic Signature Disclosure By signing and accepting below you are acknowledging that you have read and agree to the terms and conditions outlined in this document. Authorized Signature for Time Warner Cable Authorized Signature for Customer Printed Name and Title Date Signed Page 3 of 3 Printed Name and Title Date Signed Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: June 17, 2014 Department: Subject: BACKGROUND Public Works Ordinance No. 14 -T -30 — An Ordinance authorizing a budget amendment to establish additional expenditures in the FY 2013/14 budget related to the Southern Watershed Regional Water Reclamation Plant. Final Reading. The City entered into an Interlocal Agreement with Cibolo Creek Municipal Authority (CCMA) for the preliminary engineering and design work to construct the Southern Watershed Regional Water Reclamation Plant in August 2012 with Resolution 12 -R -72. The Agreement with CCMA is to design a Wastewater Treatment Plant (WWTP) that will service the Schertz residents south of FM 78. Currently, the project is in the engineering and design phase. CCMA sent a letter (Exhibit "A ") to the City requesting to increase the budget for the plant by an amount not to exceed $10,000 to hire a Landscape Architect for aesthetic and screening purposes of the plant. The original estimated budget for Engineering and Design of the project is $267,000. City Council approved this on first reading at their meeting of June 10, 2014 Goal: To establish additional expenditures in the FY 2013 -14 Budget items relating to the hiring of a Landscape Architect by CCMA for the Southern Watershed Regional Water Reclamation Plant. Community Benefit: Proper landscaping around the property around the plant will provide for a more pleasing view for neighboring residents. Summary of Recommended Action: Approve Ordinance No. 14 -T -30 on final reading increasing the FY 2013 -14 Budget by $10,000 for the purpose of hiring a Landscape Architect related to the Southern Watershed Regional Water Reclamation Plant. FISCAL IMPACT $10,000 added to the original estimated Engineering and Design Budget for an estimated total of $277,000 to be paid from the Capital Recovery Fund. STAFF RECOMMENDATION Staff recommends approval of the budget adjustment Ordinance No. 14 -T -30 on the final reading. ATTACHMENT(S) Ordinance No. 14 -T -30 Exhibit "A" Letter from CCMA ORDINANCE NO. 14 -T -30 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO ESTABLISH ADDITIONAL EXPENDITURES IN THE FY 2013 -14 BUDGET RELATED TO THE SOUTHERN WATERSHED REGIONAL WATER RECLAMATION PLANT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, pursuant to Resolution 12 -R -72, the City entered into an Interlocal Agreement with Cibolo Creek Municipal Authority ( "CCMA ") for the preliminary engineering and design work to construct the Southern Watershed Regional Water Reclamation Plant (the "Plant ") to service City residents south of FM 78; WHEREAS, pursuant to Ordinance 13 -T -34, the City of Schertz adopted the budget for the City for the fiscal year ( "FY ") 2013 -14, which provides funding for the City's operations throughout the 2013 -14 fiscal year, including the budgeted amount of $267,000 for engineering and design for the Plant; and WHEREAS, the City needs to adjust the budget to establish additional expenditures in the FY 2013 -14 Budget items in the amount of $10,000 related to the Plant for the purpose of hiring a landscape architect for aesthetic and screening landscaping purposes around the Plant site; and WHEREAS, the City staff recommends that the City Council approve this Ordinance increasing the FY 2013 -14 Budget by $10,000 for expenses related to the Plant; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to adjust the budget to establish additional expenditures in the FY 2013 -14 Budget, 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 FY 2013 -14 Budget by increasing the total budget for the Plant by $10,000 (from $267,000 to $277,000) with such increase to be used for the purposes of hiring a landscape architect to provide aesthetic and screening landscaping for the Plant. 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, this the 10th day of June, 2014. PASSED AND APPROVED ON FINAL READING, this the 17th of June, 2014. ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor -2- Cibolo Creek AIIN-1626 is P.O. BOX 930 a SCHERTZ, TEXAS 78154 (210) 658 -6241 . FAX: (210) 658 -5830 www.ccmatx.org Serving the Community Since 1971 April 1, 2014 Mr. Johnny Bierschwale City of Schertz 1400 Schertz Parkway Schertz, TX 78154 Dear Mr. Bierschwale: Sent via email /USPS Please accept this letter as formal request by CCMA to have the City of Schertz add to the preliminary engineering contract for the proposed South Plant, a "not to exceed" cost of $10,000.00 for architectural landscaping. Please contact me at your convenience if you have any questions. Sincerely, / t�f � Clint Ellis General Manager If Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: June 17, 2014 Department: Parks, Recreation, and Community Services Subject: Resolution No. 14 -R -51- Mowing /Trimming Contract Services BACKGROUND The Parks, Recreation and Community Services Department has been utilizing annual contract mowing and trimming services for the past three (3) years. The service provider has been Maldonado Nursery & Landscaping, Inc. This contract service addresses our critical campuses (Municipal Complex, Library/Recreation Center / Schertz Area Senior Center Complex), Station no. 2, Schertz Parkway, Legacy Oaks Parkway, and Country Club Boulevard. This contractual services mowing and trimming program works in conjunction with our in -house mowing and trimming program (performed at parks facilities City -wide) to provide consistent, timely service to each facility /location. The contract is also tailored to provide the most effective service schedule for the specific time of year. The months of April, May, and June of each year are the months of the greatest growth potential for the turfgrass lawns at these locations; therefore, the service frequency is three (3) cycles /month. The service frequency is reduced to two (2) cycles /month for the other nine (9) months of the year when we can expect less rainfall during the peak growing season and/or winter turfgrass dormancy; both conditions that affect (slow) the rate of growth. This contract was originally let to bid on April 24, 2014. Unfortunately, the City only received one (1) bid response. That bid proposal amount was more than twice the current contract amount (and budget). As such, the Purchasing Department let the bid for a second time on May 20, 2014, with much better results. Five (5) vendors responded with proposals and the low, qualified bid (provided by Maldonado Nursery & Landscaping, Inc.) is now being recommended by staff for approval (see attached Bid Tabulation Sheet). FISCAL IMPACT The low, qualified bid for the new mowing and trimming contract is offered by our previous vendor (Maldonado Nursery & Landscaping, Inc.) at the same price that the City was paying for this service. Since the Department is currently budgeted for this amount, there is no need to request additional funding for this service for the remainder FY 2013 -2014. In addition, since the current vendor has provided consistently good service over the term of the previous contract, the 50307140.1 City Council Memorandum Page 2 City (under the new contract) will have the option for two (2), one -year extensions after this initial year (potentially) locking the current price in place for the next three (3) years. RECOMMENDATION Adoption of Resolution No. 14 -R -51 ATTACHMENT Resolution No. 14-R-51 RESOLUTION NO. 14 -R -51 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A MOWING AND TRIMMING CONTRACT SERVICES AGREEMENT WITH MALDONADO NURSERY & LANDSCAPING, INC. FOR THE PARKS, RECREATION, AND COMMUNITY SERVICES DEPARTMENT; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz, Texas (the "City ") has determined that it is in the best interest of the City to enter into a mowing and trimming contract services agreement with Maldonado Nursery & Landscaping, Inc. for certain City parks and other City - owned facilities; WHEREAS, the City Council has determined that it is in the best interest of the City to enter into a mowing and trimming contract services agreement with Maldonado Nursery & Landscaping, Inc. in order to combine contractual and in -house mowing and trimming programs to provide consistent, timely service to certain Parks and other City -owned facilities; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manger to execute and deliver a mowing and trimming contract services agreement with Maldonado Nursery & Landscaping, Inc. for certain City parks and other City -owned facilities (see Attachment A — Bid Tabulation Sheet) Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. 50307164.1 Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 17th day of June, 2014. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL 50307164.1 ATTACHMENT A - MOWING & TRIMMING SERVICES CONTRACT 50307164.1 A -1 CITY OF SCHERTZ MOWING AND TRIMMING SERVICES AGREEMENT THE STATE OF TEXAS GUADALUPE COUNTY This Mowing and Trimming Services Agreement ( "Agreement ") is made and entered by and between the City of Schertz, Texas, (the "City ") a Texas municipality, and Maldonado Nursery & Landscaping, Inc. ( "Professional "). Section 1. Duration. This Agreement shall become effective upon the date executed below and shall remain in effect for a period of one year with an option to renew no more than two consecutive years (in one year increments) from its execution unless terminated as provided for herein. Section 2. Scope of Work. (A) In consideration of the Professional's exclusive authority to provide the Services provided for herein the Professional shall provide Mowing and Trimming service to the City. The Professional shall perform the services as specified in the Service Schedule (Attachment A) and in general: 1. Provide all supervision, labor, equipment, personal protective equipment (PPE), insurance protection and administration to assure performance of services as specified; 2. Strive for maximum efficiency and productivity in order to provide quality service at the lowest possible labor cost; 3. Provide employees who have been determined to be honest, dependable and neat, both as to their personal appearance and in their work habits; 4. Be responsible for safe handling of equipment and personnel safety; 5. Instruct all employees to abide by the City's rules and regulations pertaining to safety while on City property; 6. Exercise in the performance of its duties that degree of care necessary to prevent damage to any City property; 7. Provide Automotive Liability, General Liability, Excess Liability and Statutory Workers Compensation Insurance in the required amounts and to furnish Certificates evidencing such insurance, and to hold the City harmless and indemnified from loss, damage cost or expense by reason of any negligence arising from or caused by the operations of Professional Service in or upon the premises, except such as may be caused by the negligence of the City's officers, agents or employees. (B) The quality of Services provided under this Agreement shall be of the level of Standard Professional Services Agreement for Mowing & Trimming Services Page i professional quality performed by Professionals regularly rendering this type of service (C) The Professional shall perform its Services for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. Section 3. Compensation. The Professional shall be compensated pursuant to Attachment B, "Summary of Charges ", billed monthly to the City's Finance Department - Accounts Payable, 1400 Schertz Parkway, Schertz, TX 78154. Section 4. Time of Completion. The prompt completion of the services under Attachment A, "Performance Schedule ", is critical to the City. Unnecessary delays and substandard performance in providing services under the Service Schedule shall be grounds for dismissal of the Professional and termination of this Agreement without any or further liability to the City other than a prorated payment for necessary, timely, and conforming work done by Professional prior to the time of termination. Section 5. Additional Provisions. (A) Subletting. The Professional shall not sublet or transfer any portion of the work under this Agreement or the Service Schedule issued pursuant to this Agreement unless specifically approved in writing by the City. (B) Compliance with Laws. The Professional shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Professional shall furnish the City with satisfactory proof of compliance. (C) Independent Contractor. Professional acknowledges that Professional is an independent contractor of the City and is not an employee, agent, official or representative of the City. Professional shall not represent, either expressly or through implication, that Professional is an employee, agent, official or representative of the City. Income taxes, self - employment taxes, social security taxes and the like are the sole responsibility of the Professional. (D) Non - Collusion. Professional represents and warrants that Professional has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement. Professional further agrees that Professional shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the City pursuant to this Agreement) for any of the services performed by Professional under or related to this Agreement. If any Standard Professional Services Agreement for Mowing and Trimming Service Page 2 such gift, bonus, commission, money, or other consideration is received by or offered to Professional, Professional shall immediately report that fact to the City and, at the sole option of the City, the City may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Professional under or pursuant to this Agreement. (E) In the case of any conflicts between the terms of this Agreement and wording contained within the Service Schedule, this Agreement shall govern. The Service Agreement is intended to detail the technical scope of services, fee schedule, and contract time only and shall not dictate Agreement terms. (F) In addition to the indemnification provisions provided for herein, the Professional shall be responsible for any property damage caused Professional in the provision of the Services and shall, within 24 hours of any such damage, report the damage to the Park & Recreation Director or their designee. Section 6. Termination. (A) This Agreement may be terminated: (1) By the mutual agreement and consent of both Professional and City; (2) By the City, immediately upon notice in writing to the Professional, as consequence of the failure of Professional to perform the services contemplated by this Agreement in a timely or satisfactory manner; (3) By the City, at will and without cause upon not less than thirty (30) days written notice to the Professional. (B) If the City terminates this Agreement pursuant to Section 4 or subsection 6(A)(2) or (3), above, the Professional shall not be entitled to any fees other than the fees then due and payable as of the time of termination and only then for those services that have been timely and adequately performed by the Professional to date of termination, the value of the work that is nonetheless usable to the City, the cost to the City of employing another Professional to complete the work required and the time required to do so, and other factors that affect the value to the City of the work performed at time of termination. In the event of termination not the fault of the Professional, the Professional shall be compensated for all fees for services actually performed prior to termination. Section 7. Indemnification. Professional agrees to indemnify and hold the City of Schertz, Texas and all of its present, future and former agents, employees, officials Standard Professional Services Agreement for Mowing and Trimming Service Page 3 and representatives harmless in their official, individual and representative capacities from any and all claims, demands, causes of action, judgments, liens and expenses (including attorney's fees, whether contractual or statutory), costs and damages (whether common law or statutory), costs and damages (whether common law or statutory, and whether actual, punitive, consequential or incidental), of any conceivable character, for injuries to persons (including death) or to property (both real and personal) created by, arising from or in any manner relating to the services or goods performed or provided by Professional — expressly including those arising through strict liability or under the constitutions of the United States or Texas. Section 8. Notices. Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. Section 9. No Assignment. Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. Section 10. Severability. If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 11. Waiver. Either City or the Professional shall have the right to waive any requirement contained in this Agreement that is intended for the waiving party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Section 12. Governing Law, Venue. This Agreement and all of the transactions Standard Professional Services Agreement for Mowing and Trimming Service Page 4 contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Guadalupe County, Texas. Section 13. Paragraph Headings; Construction. The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 14. Binding Effect. Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 15. Gender. Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 16. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Section 17. Entire Agreement. It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Section 18. Disclosure of Business Relationships /Affiliations; Conflict of Interest Questionnaire. Professional represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. [signature page follows] Standard Professional Services Agreement for Mowing and Trimming Service Page 5 EXECUTED on this the day of 2014. CITY: By: Name: John C. Kessel Title: City Manager ADDRESS FOR NOTICE: CITY City of Schertz Attn: John C. Kessel, City Manager 1400 Schertz Parkway Schertz, Texas 78154 with a copy to: City Attorney City of Schertz, Texas Attn: Charles E. Zech 2517 N. Main Avenue San Antonio, Texas 78212 CONTRACTOR: By:_ Name: Title: CONTRACTOR Standard Professional Services Agreement for Mowing and Trimming Service Page 6 ATTACHMENT A CITY OF SCHERTZ MOWING AND TRIMMING SERVICES PERFORMANCE STANDARDS This Mowing and Trimming Services Performance Standards document shall become effective upon the date Mowing and Trimming Services Agreement is signed. 1. ADDITIONS / DELETIONS / SUBSTITUTIONS a. The Parks & Recreation Director or their designee is designated as the Ordering Officer and will have the authority to add or delete work, subject to the Purchasing Procedures of the City. b. All Work added or deleted will be specified by location and approximate acreage. Jointly, the Parks & Recreation Director or their designee, and the Vendor shall measure areas added or deleted to determine the exact coverage. Such measurements shall be documented and signed by both representatives, and will be the basis for determining the final scope of work and payment due to the Vendor under the contract price. All documentation pertaining to the additions or deletions to the work shall be maintained in a project file by the Parks & Recreation Director or their designee. d. The Vendor shall advise the Parks & Recreation Director or their designee, in writing, of ANY changes that need to be made to the outlined maintenance program in this contract and shall not proceed with any work until such time as he has received written concurrence from the Parks & Recreation Director or their designee. 2. SUPERVISION a. The Vendor shall personally supervise all work as specified in the contract. If the Vendor cannot or will not personally supervise the work a competent foreman or superintendent is to be assigned the responsibilities of supervision of all work in progress as specified in the contract. b. The Vendor will be required to designate, in writing, to the City, the name and cell phone and /or pager number of anyone serving as foreman or superintendent in the absence of the successful bidder. The designated foreman or superintendent may not commence work duties until approved by the City. c. The designated foreman or superintendent will be given full authority and power to act for the Vendor on items pertaining to overall work performance, management, coordination, and supervision, whenever work specified herein is being performed. d. The designated foreman or superintendent may also serve as the Quality Control Inspector; provided that his /her job performance is maintained at an acceptable level to the City. e. The foreman or superintendent and /or Quality Control Inspector will be required to have a copy of the contract in their possession at all time work is in progress for referral concerning questions of contracting responsibility. The Vendor shall provide supervision of all work crews at all times while performing work under this contract. Personal supervision is not required Mowing and Trimming Performance Standards ATTACHMENT A provided that communication equipment or other means are provided that enable the work crew to communicate with the Vendor at all times. Each work crew shall have a designated person on the work site that has the authority to respond to inquiries about work details or priorities. 3. EMPLOYEES: a. Vendor will require all employees to report to work in clean uniforms, including shirt and pants. Uniforms shall have the Vendor's name in a manner clearly identifiable to the public. Vendor must ensure that employees properly wear a shirt at all times. b. Vendor's employees must be courteous to the public at all times while at the work site. c. Vendor shall remove any personnel that is incompetent or endangers persons or property. d. Vendor's employees will not consume /possess alcohol or use /possess any illegal drugs, or be under the influence of such while on City property and /or carrying on the requirement of this contract. The Vendor shall immediately remove any such employee from the work site. e. Conflicts, or potential conflicts due to required work and public use of a location, shall be reported to the Parks & Recreation Director or their designee. f. Notification to Vendor of complaints concerning the aforementioned shall be in writing if time and circumstance permits. Otherwise, notification shall be verbal or by telephone, and shall be confirmed in writing as soon as possible. 4. EQUIPMENT: Responses shall include a complete "list of machinery and equipment available" in order to determine whether or not the Vendor can adequately perform the: a. necessary work. All equipment the Vendor anticipates committing to this contract if awarded should be included in the listing. Past experience has shown that it is absolutely essential to have adequate back -up equipment in reserve to allow for breakdowns. b. The City reserves the right to inspect the Vendor's equipment prior to award of a contract. c. Insufficient and /or inadequate equipment as determined by the Parks and Recreation Department is cause for rejection of a bid. 5. VEHICLES: a. All vehicles utilized under this contract will be clean, free of mud, dirt, and grime, and shall comply with safety standards required by the State of Texas. b. All vehicles used by the Vendor will be identified with company name or logo, conspicuously displayed on door panels. Professionally done hand lettering, magnetic signs, or pressure sensitive decals may be used to comply with this specification. c. All vehicles operating from a public road shall have a rotating amber caution light mounted on the top of the vehicle. 6. INSPECTIONS: Mowing and Trimming Performance Standards ATTACHMENT A a. The Vendor is responsible for establishing and maintaining an adequate quality control system to satisfactorily inspect and ensure that all work performed in each service is in full compliance with the contract. b. The Vendor shall designate, in writing, a Quality Control Inspector, whose main duty shall be to verify contract conformity of all work performed. c. At the start of each workweek the Vendor will identify the areas his employees will be working in that week and fax /e -mail a list of the areas to the Parks & Recreation Director or their designee no later than 9:00 A.M. d. The Vendor will be required to fill out a report form (form provided by the City) of work completed on a DAILY basis. These daily forms will be hand - delivered, faxed, or e- mailed to the Parks Administration Office, 1400 Schertz Parkway, Building #2, Schertz, Texas 78154 before 5:00 PM each day. e. The Vendor will be required to fax /e -mail a weekly work summary to the Parks & Recreation Director or their designee outlining the maintenance activities accomplished that week concerning this contract. f. The Parks & Recreation Director or their designee will make a quality inspection of completed areas within 24 hours, following receipt of daily form. g. If completed areas do not meet contractual specifications: 1. The Parks & Recreation Director or their designee will contact the Vendor to rework areas. 2. Parks & Recreation Director or their designee will then re- inspect areas within 24 hours of notification of completion. 3. Areas requiring re- inspection MAY NOT be considered for payment for that billing cycle. h. A monthly "walk" of all properties will be conducted with the Vendor and the Parks & Recreation Director or their designee. This will be documented in writing as to the status of the performance The City may inspect required equipment, supplies and safety items at any time when in use on City property. Any individual, crew, or equipment found deficient shall be removed from service immediately until faulty conditions have been corrected and passed by the City. No such removal will reduce the Vendor's obligation to perform all work required under this contract and within the time schedule. 7. PERFORMANCE EVALUATION MEETINGS: a. The Vendor and the Vendor's foreman /superintendent and the Parks & Recreation Director or their designee shall meet either monthly, weekly or as often as determined necessary by, the City to discuss performance. b. A meeting shall be held not later than one normal workday after a contract deficiency is noticed. Mutual effort will be made to resolve any and all problems identified. c. The minutes of this meeting will be documented in writing for both parties. 8. SAFETY: a. Vendor will provide all required safety signage, barricades, traffic cones, and Mowing and Trimming Performance Standards ATTACHMENT A flashers /strobes. b. All employees shall have proper safety devices and equipment including hearing and eye protection, and safety vests. All personal protective equipment shall meet OSHA and TXDOT safety standards. c. The Vendor shall exercise extreme caution while working on medians, roadsides, and high traffic areas. TXDOT approved "men working" signage; safety vests and cones are required when crews are working in any traffic situations. d. Vendor will park vehicles and equipment off city streets where possible. Under no circumstances shall any vehicle or equipment be parked on the inside lane of any street. Any vehicle or equipment parked in the far right lane of any street shall have safety flashers on and working properly. The area behind the parked unit must be coned off with safety cones spaced ten (10) feet apart and a minimum of one hundred (100) feet behind the unit. e. The vehicles shall be clearly identified with the Vendor's company name and telephone number. f. Vendors discovered working without necessary safety devices or equipment in place will be required to stop all work in progress until adequate equipment has been obtained and approved by to the Parks & Recreation Director or their designee. g. Any hazardous condition or any damage to City property is to be immediately reported to the Parks & Recreation Director or their designee. Mowing and Trimming Performance Standards � t✓ 2 3 �4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Bid Tabulation City of Schertz Project Name: MOWING AND TRIMMING SERVICES Project Number: #14- PK- 18 -M -02 R inn af .r. of nnrcnn nnon inn tho hi IQ I/ I /I/ YI //� �N IU V N.n�✓� Date: May 20, 201 Time: 11:00 AM Sinnaturo of narsnn writino down hide .211 �_ .,, ->Q' /. /i Y,/, Bidder Bid Bond Addendum Base Bid Alternate #j Alternate #2 Alternate #3 mama,K&ko VAPJA 14 -° / i 2 3o. u r X 2-7 = 3 2z iz "%/Os LAIJDS $ l y' f x Z 5 q 7 — 5, ° it k ATTACHMENT C. MOWING AND TRIMMING SERVICES Cost Breakdown Bach Location of Service PROPERTY CITY PROPERTY ADDRESS LOCATION ESTIMATED ACREAGE COST 13yR LOCATION (V e'YC `WT) SehettzMunioipal Facility 1400SchertzParkway 2,35 Acres; 9527 linear edging acs — SchertzParkway 11135 N to 200 feet South of Live Oak -Road, to excludo native area 5.44 Acres; 55,674 linear feet edging of :islands; 1 Iilanting lied and 524 linear feet edging of Welcome to 861101 zsign Li5D New Schertz Parkway extension 200 feet South of Live OakRoad to PM 78 0.513 Acres; 1,055 linear feet edging; K Legacy Oaks Parkway Islands located across the street from the Shell Gasoline Station on IH 35 frontage road 0.06 Acres; 838 linear feet edging �(a Counfly Club Drive Islands frrom 11-135 fi'Ontage road to Northcliffe Golf Course' 0.52 Acres; 3,918 lineat feet edging on Public Library, Recreation Center, Senior' Center, and Children'sPiayscape 600 to 700 block of Seliertz Parkway, 865 Acres; 2089 lineor feet edging, Approximately 8:0 Acres and 2500 lures,,• feet edging to Ug added With the completion of rle)vfaullities, a 7S 13111orpricy Services Building #2 IH 35 and PM 2252 ;(frontages ad included 3 Acres; 2;543 linear fee,'t edging,s^ ATTACH ADDITIONA!, SHEETS AS NEEDED Mowing R Trimming Services Cost Sheet Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: June 17, 2014 Department: Development Services Subject: Ordinance No. 14 -S -29 - Conduct a public hearing and consider a request to rezone approximately 434 acres of land from General Business (GB) to Planned Development District (PDD). This property is more specifically described as land out of the J.F. Zepeda Survey No. 257, Abstract 685; J.F. Zepeda Survey No. 257, Abstract 471; C.M. Gahagan Survey No. 258, Abstract 182; C.M. Gahagan Survey No. 258, Abstract 142; P. San Miguel Survey No. 256, Abstract 227; State Survey, Abstract Tate2, City of Schertz, Comal County and Guadalupe County, Texas, generally located on IH -35 Frontage Road approximately 350 ft. east of the intersection of IH -35 Frontage Road and Covers Cove. (Final Reading) BACKGROUND City Council approved this on first reading at their meeting of June 10, 2014. City Council discussed traffic circulation for the proposed subdivision including concerns of construction traffic traveling through the adjacent subdivision. The developer has indicated that they will work with City Staff to restrict construction traffic to NorTex Drive. The applicant is proposing to rezone approximately 434 acres of land generally located on IH -35 Frontage Road approximately 350 ft. east of the intersection of IH -35 Frontage Road and Covers Cove, from General Business (GB) to Planned Development District (PDD). The public hearing notice was published in "The Daily Commercial Recorder" on May 23, 2014 and the "Herald" on May 28, 2014. One hundred and thirty four (134) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on May 2, 2014. City Council Memorandum Page 2 At the time of this staff report sixteen (16) total responses were received, one (1) response in favor of the request and fifteen (15) responses opposed to the request. Comments received on the Notice of Public Hearing Response reply form are as follows: • Response from 6037 Covers Cove- Opposed To "This will bring down the value of our house." • Response from 1288 N. Business 35- Opposed To "I oppose rezoning of the property. I will have everybody coming over on my property, they will be stealing, and hunting. I have another piece of land, and this is what is happening, and people are constantly walking all over the property. I put up posted signs but that does not help. They tear the signs down." • Response from 5269 Brookline- Opposed To "When is enough going to be enough. We bought here because of the green space!" • Response from 5737 Bill Hass- Opposed To "please contact" • Response from 6057 Covers Cove- Opposed To "Notice that we are opposed to rezoning of land for Nortex Farms Subdivision planned development as depicted in the development zoning exhibit." • Response from 6069 Covers Cove- Opposed To "opposed to multi - Family Dwellings & only need bill same equal to homes value of Covers Cove quality!" • Response from 6073 Covers Cove- Opposed To "Opposed to Multi- Family Dwellings & any new houses must be equal to homes value of Covers Cove quality" • Response from 5265 Brookline- Opposed To "Bought home because of greenbelt." • Response from 6238 Fred Couples- "I do not want the land to be rezoned because I feel that the area is being overly developed." Goal Nor -Tex HQ Farm, Ltd. is requesting to rezone approximately 434 acres of land to Planned Development District (PDD) to develop a mixed use development consisting of single family residential, multi - family dwellings, commercial with a generous amount of open space and a community trail system. Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. City Council Memorandum Page 3 Summary of Recommended Action Staff reviewed the request for conformance with the Comprehensive Land Use Plan (CLUP) and the subject property is identified as containing highway commercial, commercial campus, and single family residential uses. Highway commercial and commercial campus land uses focus on areas of large format retail, restaurants, entertainment uses, office space and multi - family apartments. The areas identified on the Master Development Plan as commercial and multifamily are consistent with the areas designated in the CLUP as highway commercial and commercial campus. The area designated as single family consists of clusters of single family lots and generous amounts of open space. The PDD identifies four (4) different minimum lot sizes for single family residential: 6,600 square feet, 7,200 square feet, 7,800 square feet and 9,000 square feet as shown in table two: dimensional requirements chart in the PDD. Additionally there are approximately 75 acres of open space and parkland proposed. The Master Development Plan identifies an overall density of 2.7 dwelling units per acre for the single family residential area. The PDD also provides for some specific development standards. 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. 1. Table Two — Dimensional Requirements - Residential of the PDD requires a minimum rear yard setback of 15' for all single family residential lots. Townhome districts are proposed as 10' front yard setbacks, 0' side yard setback, and 10' rear yard setback. 2. An Architectural Review Committee of members appointed by the Developer, to review residential construction plans for compliance with the PDD design standards and deed restrictions, prior to submitting the plans to the City for building permits. 3. A 20' landscape buffer will be provided on each side of the internal "spine" road and will have an average of 1 tree per 25'. Additionally a 35' landscape buffer is required between the commercial district and single family residential district. 4. A 6' wood fence or masonry fence, with masonry columns is required along the internal collector streets. The fence will be maintained by the HOA. 5. The applicant is proposing additional subdivision entry signs known as "Pod Signs" which will be placed along the "spine" road to identify the different neighborhoods and provide a sense of community. These signs are proposed as having an area less than thirty two square feet and consisting of lettering and a logo. 6. The applicant is proposing additional development signs known as "Internal Development Signs ". These signs will be constructed of wood or metal and advertise the community, builders, and land uses. These signs will be limited to thirty two square feet and can only be placed near the pod entrances. One sign per platted unit will be allowed, for duration of three years or 75% build -out, whichever occurs first. 7. The development of the subject property shall generally conform to the attached Master Development Plan exhibit. City Council Memorandum Page 4 FISCAL IMPACT None RECOMMENDATION A public hearing was conducted at the December 18, 2013 and January 8, 2014 Planning and Zoning Commission meetings where staff discussed the proposed development with the Commission to gain input from the Commission and receive public comment. The Planning and Zoning Commission conducted the public hearing on May 14, 2014 and offered a recommendation of approval by a vote of 6/1 with Commissioner Evans voting nay. Staff recommends approval of the zoning request. ATTACHMENT Ordinance No. 14 -S -29 ORDINANCE NO. 14 -S -29 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 434 ACRES OF LAND FROM GENERAL BUSINESS TO PLANNED DEVELOPMENT DISTRICT (PDD). WHEREAS, an application to rezone approximately 434 acres of land described in the Exhibit A and Exhibit B attached herein (herein, the "Property") has been filed with the City; and WHEREAS, on December 18, 2013 and January 8, 2014 the Planning and Zoning Commission conducted a public hearing to receive public comment; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain conditions to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Conditions "); and WHEREAS, on May 14, 2014, the Planning and Zoning Commission conducted a public hearing and, after considering the Conditions, hereby makes a recommendation of approval of the rezoning according to the development standards set forth in Exhibit C attached herein (the "Development Standards "); and WHEREAS, on June 10, 2014 the City Council conducted a public hearing and after considering the Conditions and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Planned Development District (PDD). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 10th day of June, 2014. PASSED, APPROVED AND ADOPTED on final reading the 17th day of June, 2014. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A "The Property" Suk% EYING MRM LICENSE NO- 10121300 FIELD NOTES FOR A 433.43 ACRE TRACT A 433.43 acre tract of land out of the J.F. Zepeda Survey No. 257, Abstract 685, I.F. Zepeda Survey No. 257, Abstract 471, C.M. Gahagan Survey No. 258, Abstract 182, G.M. Gahagan Survey No. 258, Abstract 142, P. San Miguel Survey No. 256, Abstract 227, State Survey, Abstract Tatc2 and being out of the remaining portion of a 118.86 acre tract of land, known as Tract 1 -1, a 32.6 acre tract of land, known as Tract 1 -2, an approximate 4.0 acre tract of land, known as Tract I -3, the remaining portion of a 76.356 acre tract of land, known as Tract 1-4, the remaining portion of a 10.608 acre tract of [and, known as Tract 1 -5, a 148.57 acre tract of land, known as Tract 1-6, a portion of the 149.5 acre tract of land, known as Tract 1 -7, a 130.3 acre tract of land, known as Tract 1 -8, a 2.326 acre tract of land, known as tract 1 -9, a 0.357 of an acre tract of land, known as Tract 1 -10 as conveyed to NAN NorTex, LTD. of record in Document Number 201106000950 of the Official Public Records of Coma] County, Texas, and a portion of the 100 acre tract of land, known as Tract 11, conveyed to NAN Management, LLC, of record in Document Number 201106000952 of the Official Public Records of Guadalupe County, Texas. 126.24 acres, being situated in Comal County, Texas and 307.19 acres, being situated in Guadalupe County, Texas and being more particularly described by metes and bounds as follows. BEGINNING at a set '1x" iron rod with a blue plastic cap stamped "KFW Surveying ", in the southeast right -of -way line of Interstate Highway 35, a variable width right -of -way, in the northeast line of Lot 27, Block 17, a variable width Sanitary Sewer Easement of The Fairways at Scenic Hills, Unit 313, a subdivision plat of record in Volume 7, Page 203 of the Map and Plat Records of Coma] County, Texas, for the northwest comer of the remaining portion of a 10.608 acre tract of land and the tract on land described herein, from which a found Texas Department of Transportation Monument Type 2 bears, N 29° 34' 33" W, a distance of 4.79 feet; THENCE: Along and with the southeast right -of -way line of Interstate Highway 35, the northwest lines of the remaining portion of the 10.608 acre tract of land, the 2.326 acre tract of land and the 0.357 of an acre tract of land, the following calls and distances: 1. N 52° 20' 03" E, a distance of 41.17 feet to a .set '/a" iron rod with a blue plastic cap stamped "KFW Surveying" at an angle point of the tract of land described herein; 2. N 59° 40' 24" E, a distance of 34.71 feet to a found Texas Department of Transportation Monument Type 2 at an angle point of the tract of land described herein; 3. N 13° 2 ]' 30" E, a distance of 16.40 feet to a found Texas Department of Transportation Monument Type 2 at an angle point of the tract of land described herein; 4. N 5I° 32' 23" E, a distance of 274.08 feet to a found Texas Department of Transportation Monument Type 2 at an angle point of the tract of land described herein; 5. N 54° 57' 53" E, a distance of 49.37 feet to a found Texas Department of Transportation Monument Type 2 at an angle point of the tract of land described herein; 6. N 54° 39' 39" E, a distance of 50.19 feet to a found Texas Department of Transportation Monument Type 2 at an angle point of the tract of land described herein; 14603 Huebner Rd. Bldg 40. San Antonio, Texas 78230 • Phone (2101 979 -844 • Fax (214) 979 -8441 ! www kfwwOnoors.com THENCE: S 8W 16' 13" W, along and with a north line of the 18.751 acre tract of land and the southeast line of the remaining portion of the 75.356 acre tract of land, a distance of 12.95 feet to a found I's" iron rod with a plastic cap stamped "CEC ", for the southwest corner of the remaining portion of the 76.356 acre tract of land, an interior comer of the 18.751 acre tract of land and a westerly comer of the tract of land described herein; TtWNCE: N 30° 56' 16" VII, along and with the northeast line of the 18.751 acre tract of land, a northeast line of The Links at Scenic Hills, Unit 3, a subdivision plat of record in Volume 7, Page 645 of the Map and Plat Records of Guadalupe County, Texas and the southwest line of the remaining portion of the 75.356 acre tract of land, at a distance of 216.25 feet, passing a found V':" iron rod with a plastic cap stamped "Jacobs Prop ", for the northeast corner of the 18.751 acre tract of land and the southeast corner of The Links at Scenic Hills, Unit 3, continuing a for total distance of 501.74 feet to a set VY' iron rod with a blue plastic cap stamped "KFW Surveying", for the northwest corner of the remaining portion of the 76.356 acre tract of land, an interior corner of The Links at Scenic Hills, Unit 3 and a westerly comer of the tract of land described herein; THENCE: N 12° 20' 23" W, along and with the northeast lines of The Links at Scenic Hills, Unit 3. the remaining portion of a 168.088 acre tract of land, conveyed to Investment Scenic Hills, LTD, of record in Volume 1634, Page 179 of the Official Public Records of Guadalupe County, Texas, The Links at Scenic Hills, Chit 1, a subdivision plat of record in Volume 7. Page 389 of the Map and Plat Records of Guadalupe County, Texas, the RepIat of Fairhaven, Unit 2, a subdivision plat of record in Volume 7, Page 447 of the Map and Plat Records of Guadalupe County, Texas, Fairhaven, Unit 2, a subdivision plat of record in Volume 7, Page 224 of record in the Map and Plat Records of Guadalupe County, Texas, the northwest line of the remaining portion of the 76.356 acre tract of land, the west line of the 149.5 acre tract of land and the remaining portion of the 118.86 acre tract of land, at a distance of 1335.20 feet to a set W iron rod with a blue plastic cap stamped "KFW Surveying" in the northeast line of Lot 52, Block 26 of The Links At Scenic Hills, unit 1 of record in Volume 7 Page 389 of the Map and Plat Records of Guadalupe County, Texas and for the southwest corner of a 23.76 acre tract of land conveyed to the Board of Trustees of The Schertz- Cibolo- Universal City Independent School District of record in Volume 4176 Page 283 of the Official Public Records of Guadalupe County, Texas, for a westerly corner of the tract described herein, from which a found L!z" iron rod with a plastic cap starriped "C -p, SA Prop", for the northeast corner of Lot 57, Block 26 of the RepIat of Fairhaven, Unit 2, the southeast comer of Lot 35, of the Fairhaven, Unit 2 bears S 12° 20' 23" E, a distance of 197.59 feet; THENCE: Along and with the 23.76 acre tract of land, into and across the 148.57 acre tract of land and the remaining portion of the 118.86 acre tract of land, the following calls and distances: 1. N 79 °11'57" E, a distance of 546.17 feet to a set W' iron rod with a blue plastic cap stamped "KFW Surveying", for an angle point of the tract described herein, 2. N 50 °03'22" E, a distance of 820.77 feet to a set 1/2" iron rod with a blue plastic cap stamped "KFW Surveying "', for a southeast comer of the 23.76 acre tract and an interior corner of the tract of land described herein, 3. N 33'40'59" W, a distance of 722.00 feet to a set t^'z "' iron cal with a blue plastic cap stamped "KFW Surveying ", for a northeasterly corner of the 23.76 acre tract and an interior corner of the tract of land described herein, 4. S 56 °1$'31" W, a distance of 241.20 feet to a set V2" iron rod with a blue plastic cap stamped "KFW Surveying ", for an angle point of the tract of land described herein, 14603 Huebrw Rd. Bldg 40, San Antonlo, Texas 78230 0 Phone: (210) 979 -9444 0 Fax (210) 974 -8441 • wawr Rfwengineers cflm 5. S 63 °45'09" W, a distance of 567,84 feet to a set V2" iron rod with a blue plastic cap stamped "KFW Surveying ", For an angle point of the tract of land described herein, 6. S 77 °39'37' W, a distance of 234.68 feet to a set '/z' iron rod with a blue plastic rap stamped "KFW Surveying ", for an interior comer of the tract of land described herein, 7. N 12 °20'23" W, a distance of 361.41 feet to a set Vz" iron rod with a blue plastic cap stamped -KFW Surveying ", for an angle point of the tract of land described herein, 8. N 2938'53" W, a distance of 305-62 feet to a set'fi" iron rod with a blue plastic cap stamped "KFW Surveying -, for an interior corner of the tract of land described herein, and 9. S 60 °21'07" W. a distance of 50.00 feet to a set 4'x" iron rod with a blue plastic cap stamped "KFW Surveying ", for the southeast comer of Lot 17 of Fairhaven, Unit 2, at the termination of the northeast right -of -way line of BIack Butte, a 50' right -of -way, of record in Volume 6 Page 763 of the flap and Plat Records of Guadalupe County and the northwest corner of the 23.76 acre tract of land and For a westerly comer of the tract of land described herein, THENCE: N 29° 38' 53" W, .along and with the northeast line of The Fairways at Scenic Hills, Unit 3B, The Ridge at Scenic Hills, Unit 1, a subdivision plat of record in Volume 6. Page 763 of the Map and Plat Records of Guadalupe County, Texas, the southwest line of the 130.3 acre tract of land and the 148.57 acre tract of land, a distance of 1012.96 feet to a found W' iron rod, for the southwest comer of Lot 23 and the northeast corner of Lot 26 and for an angle point in the southeast line of The Fairways of Scenic Hills, Unit 3B, for an angle point in the southwest line of the 130.3 acre tract of land and the tract of land described herein; THENCE: N 29' 34' 33" W, along and with the northeast litre of The Fairways at Scenic Hills, Unit 313, a 0.3227 of an acre tract of land, conveyed to Charlie N. and Gayle A. Maltby, of record in Volume 861, Page 8 of the Official public Records of Coma] County, Texas, a 0.4469 of an acre tract of land, conveyed to Randall F. and Eileen T. Moore, of record in Document No. 9806008458 of the Official Public Records of Coma] County, Texas, a 0.5696 of an acre tract of land, conveyed to Louis P. Maria A. and Linda L. Martinez, of record in Document No. 9906033723 of the Official Public Records of CornaI County, Texas, the southwest line of the 130.3 acre tract of land and the remaining portion of a 10.608 acre tract of land, at a distance of 132890 feet passing a found V2" iron rod with a plastic cap stamped "CEC'', for the northeast corner of The Fairways at Scenic Hills, Unit 313, the southeast comer of the 03227 of an acre tract of land, continuing for a total distance of 1803.74 feet to the POINT OF BEGINNING and containing 43143 acres, or 18,880,328 sclum feet more or less situated in the City of Schettz and the City of Cibelo, Comal County and Guadalupe County, Texas and being described in accordance with a survey prepared by KFW Surveying. Job Nis.: 13.016 twpawd by: KFW Surveying Dale: May 20, 2014 File: S -Ttaw 20131113.016 NoncxkDGCSTN 43343 146((3 Muetxm Rd. B1dy 40, San Anlonio, Texar, 78230 9 Phone (210) 8794W 0 Fax: (210) 979.8441 • www.hVmnlneers coed Exhibit B "The Property" � OI P 3 4C G}YY f €E�s!�•s �g x 8 WPM min ggqq a mix a €4�� k Sd $ r 9p1" lI }J a: dx i p }� Iu I m G 'r a I d � to •`, �' it r ''� I �.� r I I � f F11 prey € r- A s�lrA��•�f, !p A{£ 1 r 1M t f g 8 E 2 Exhibit C "The Development Standards" See Attached NorTex Farms Planned Development District Schertz, Texas May 2014 Table of Contents I. General ................................................................ ..............................1 A. Introduction ...................................................... ..............................1 B. Purpose and Intent .......................................... ..............................1 C. The Property .................................................... ..............................2 D. In Context to the City of Schertz ...................... ..............................2 AFFECTED UDC ARTICLES II. Zoning Districts (Article 5) ................................. ..............................3 A. Commercial District per the PDD .................... ..............................3 B. Apartment /Multi - Family Residential District per the PDD ...............4 C. Single - Family Residential District per the PDD ..............................4 D. Townhome District per the PDD ...................... ..............................4 E. Dimensional and Development Standards (Section 21.5.7)...........5 III. Special Uses (Article 8) ...................................... ..............................8 A. Home Owners Association (Section 21.8.1 c) .. ............................... 8 B. Architectural Review Committee ...................... ..............................8 IV. Site Design Standards (Article 9) ....................... ..............................8 A. Lots (Section 21. 9. 3) ........................................ ..............................8 B. Exterior Standards (Section 21.9.5) ................ ............................... 9 C. General Landscaping (Section 21. 9. 7) ............. ..............................9 D. Fencing and Screening (Section 21.9.8) ................... ..............10 V. Signs (Article 11) ................................................ .............................10 A. Subdivision Entry Signs (Section 21.11.15) .... .............................10 B. Development Signs (Section 21. 11. 18) ........... .............................12 VII. Transportation (Article 14) ................................ .............................13 A. Sidewalks and Hike and Bike Trails (Section 21.14.6) .................13 B. Street Improvement Standards (Section 21.14.1) ........................14 VIII. Amendments to the Planned Development District (PDD) ........... 14 APPENDIX Exhibit "A" - Overall Recreation and Open Space Master Plan Exhibit "B" - Planned Development District Master Plan Exhibit "C" - Metes and Bounds Exhibit "D" - Island Street Typical Cross - Section NorTex Farms A Planned Development District Schertz, Texas I. General A. Introduction Understanding that there would be circumstances in which a development might not be able to adhere to the strict regulations and design standards set forth in the UDC, established Article 5, Section 21.5.10, a Planned Development District (PDD), as an alternative approach to conventional land development. The City of Schertz Unified Development Code (Ordinance 11 -S -15) as amended will govern development of the property, except for the following statements. Development within the subject property is subject to general development plan review and approval by the City Council. Such general development plan review is to ensure conformance with the guidelines required herein and the goals and objectives of the City of Schertz Comprehensive Plan. B. Purpose and Intent The purpose of PDD regulations is to encourage and promote more creative, innovative, and imaginative land development than would not be possible under the regulations found in a typical zoning district. The intent is to allow substantial flexibility in planning, design and development standards in exchange for greater land values and amenities, such as enhanced parkland and open space, preservation of natural resources, pedestrian friendly environment, and deviation from the typical traffic patterns. It is this intrinsic flexibility, in the form of relief from the normal zoning ordinances, design standards, land use densities, and subdivision regulations, that allows for the definition of uses, densities and standards that will permit the alternative planning associated with a PDD and this development known as "NorTex Farms ". This final PDD master plan, shown as exhibit "B ", introduces and highlights several significant land development improvements including the construction of an internal `spine road', which is a collector classification, connecting the 1 -35 access road to Green Valley Road to the east. Also included are eighty -nine (89) acres of open space, parks (with park improvements), and pedestrian friendly circulations such as hike and bike 1 Planned Development District May 2014 trails. The following presentation includes the Overall Recreation and Open Space Master Plan (exhibit "A "), as well as the engineered lot layout or `Planned Development District Master Plan' (exhibit "B "). C. The Property The attached metes and bounds (exhibit "C ") place the entire property within the corporate limits of the City of Schertz and the ETJ of Cibolo, as well as the Counties of Comal and Guadalupe. The property is located on the IH -35 frontage road, bordering on Schwab Road and Green Valley Road (to the east). To be more precise, this six hundred sixty seven acre tract of land (667 acres) is north of the 1 -35 and FM 1103 intersection and just south of the 1 -35 and Schwab Road intersection. Analysis of the property does not reveal any physical constraints or potential health or safety hazards. Further evaluation of the tract reveals that water and sanitary sewer are available and that the property's demands can be served. Electric service is available to this tract with gas service being available through extensive offsite construction. Access to the property is from IH -35 and Green Valley Road, as well as stub -outs from the adjacent developed residential subdivision. The Overall Recreation and Open Space Master Plan (exhibit "A ") are proposed. Such amenities will include both passive and active areas, as well as pathways and hike and bike trails. Multi- purpose walkways will provide links between park areas, open spaces, neighborhoods, a school site, and such amenities as playscapes, sports courts, playing fields, pavilions, picnic tables, and natural water features. All of which promotes a safe and pedestrian friendly environment and overall livable community. D. In Context to the City of Schertz Within the setting of the City, NorTex Farms is about nine (9) miles from municipal offices, less than six (6) miles to the shopping node at IH -35 and Roy Richard Drive (FM 3009) and most importantly, only three (3) miles from emergency responders (EMS and fire). In terms of schools, the property is within a three (3) mile radius of one (1) elementary school and one (1) Catholic High school. 2 Planned Development District AFFECTED UDC ARTICLES II. Zoning Districts (Article 5) May 2014 There are circumstances, due to property constraints or external factors, which do not always support the notion that one size fits all especially in applying zoning subdivision codes as such relates to property development. As a planned development, the attached PDD Master Plan (exhibit "B ") as well as this document defines the types of uses for this proposed PDD. The plan delineates land uses that are both commercial and residential in character as well as shows public spaces, parks, and open space. This document requests that those Articles and Sections affected by the zoning change be amended or modified and granted by ordinance. The following districts would be defined or modified as: A. Commercial District per the PDD Of the six hundred sixty seven (667) acres that assume the entirety of NorTex Farms, approximately one hundred twenty eight (128) acres fronting on the 135 access road are considered commercial frontage and may only be developed for commercial uses. In addition, there are approximately five (5) acres along the Schwab Rd. thoroughfare extension that are also considered commercial use. Commercial use areas will be subject to the same land use restrictions as the General Business District (GB) as stated in the Schertz UDC 11 -S -15 as amended. Units 15, 16, 17, 18, and 19 are designated as commercial use areas. c Planned Development District May 2014 B. Apartment/Multi- Family Residential District per the PDD Thirty -three (33) acres are designated as an Apartment/Multi- Family site. If this thirty -three (33) acre site does not become Apartment/Multi- Family use, then it can revert at any time to the commercial uses. Apartment /Multi - Family Residential use areas will be subject to the same restrictions and criteria as the Apartment /Multi - Family Residential District (R -4) as stated in the Schertz UDC 11 -S -15 as amended. Unit 15 is designed for Apartment/Multi- Family Residential use. C. Single - Family Residential District per the PDD Each area, as shown and identified on the attached PDD Master Plan, is comprised of a single - family attached or detached residential dwelling on four (4) minimum size lots of 6,600 sf, 7,200 sf, 7,800 sf, and 9,000 sf. D. Townhome District per the PDD Townhome land use areas will be subject to the same restrictions and criteria as the Townhome District (TH) as stated in the Schertz UDC 11 -S -15 as amended. Townhome land use areas are identified on the attached PDD Master Plan. The Townhome section is considered flexible in use and will allow for partial or entirety of 6,600 sf (SF 55) minimum lots for detached housing. In keeping with the UDC's concept of creating a neighborhood unit, this proposal also includes parks, and open space, recreational amenities, and hike and bike trails. 4 Planned Development District Table One- Units & Land Use 1 SF -55 2 SF -55 3 SF -65 4 SF -55 5 SF -75 6 SF -65 7 SF -55 & SF -65 & TOWNHOME 8 SF -65 9 SF -75 10 SF -55 11 SF -75 12 OPEN SPACE/ REC CTR 13 DRAINAGE / OPEN SPACE 14 TOWNHOME 15 APARTMENT/ MULTI - FAMILY AND /OR COMMERCIAL 16 COMMERCIAL 17 COMMERCIAL 18 COMMERCIAL 19 COMMERCIAL May 2014 E. Dimensional and Developmental Standards (Section 21.5.7) The applicable dimensional and development standards for the land use districts are shown in Table Two and reflect those changes proposed by this PDD development. 1. Additional Standards Lots developed under this PDD for residential purposes will comply with the minimum requirements established in Table Two. Such lots designated as residential will have at least the minimum area and width and depth indicated in Table Two of this proposal. 5 Planned Development District May 2014 No portion of the main or primary structure on a residential lot may be located any closer to any lot line or to the street right -of -way line than is authorized in Table Two. The front yard setback shall be measured from the property line to the front face of the main or primary building. Eaves and roof line of the main structure may project into any setback line by no more than two (2) feet. 2. Double Frontage Lots Where residential lots have double frontage, running from one street to another, no access from the rear of the property will be permitted to the street, whether or not the street is considered residential or local, or is classified as a residential collector, collector or greater. Only one access point will be permitted from a residential lot, so long as the access is from the front of the lot. All lots with double frontage within that block will have the same restriction and orientation as the lot on either side. Access in this case shall mean, but not limited to any opening or gate for use by vehicles or pedestrians. R d' ei O N A t0 ►� U O C a) E Q O Gl dl 0 a) C c ca Y a) C > 0 U o o o Q o 0 a) LO LO LO W) z O LO E X CO O O O co ti 0- CO m M co m C\l co X 0) (n 0) U U � N ` N N N N N N U)dU) IL N $ a) a) to LO LO LO LO O r- O O N cn a) .— a) U C a) C U "a U O O O O O O O (0 O } U) m C_ U C M a) -0 LO LO LO O LO LO O U N 0 N N N N N �- N N U `U N a) � Q a) n O O O O r O O O O O a) � (t5 0- a) r r r f .0 Z3 fn � a 0. � ~ a) O N U L O C' O J O O I- co _ N a) a) C a) i F 4 3 4- U _0 (n O O O O O aa) ) U a) COO N oc 0 M O O N Q` c0 I-- I- O M O (6 U = a) m C > 'E 1 'E 'E > 'E 'c= > a) L >, .O E — .0 G N LL N LL N LL (0 LL. U - ;� a) � .> _ r C U � D a) E LL -C O C r c0 c C C C O ~ O a) U cn "v) in in U Q O ) Q E LO O (O rO O = a I'_ U (A U- LL U- U O LL ~ U Q ai Y ca ci Planned Development District III. Special Uses (Article 8) A. Home Owners Association (Section 21.8.1c) May 2014 Even though NorTex Farms is not proposed as a gated community, a Homeowners Association (HOA) will be established to provide upkeep within the development including the maintenance of common areas, landscape buffers, and maintaining fences, and /or walls, except for fences and /or walls located on individual or private lots, as well as hike and bike trails and multi -use paths within the development's common areas. B. Architectural Review Committee The Developer will establish an Architectural Review Committee (ARC) which will be responsible for reviewing and approving construction plans for all residential construction within the NorTex Farms PDD. The ARC will consist of members appointed by the Developer until all of the property within the NorTex Farms PDD has been transferred to an independent third party purchaser or to the HOA. Construction of residential and community amenities within the NorTex Farms PDD shall first be submitted to the ARC for approval and to verify compliance with the terms, conditions and obligations of the PDD and deed restrictions. The ARC shall review such contemplated construction and shall, if approved, provide verification in a form acceptable to the City by which the ARC verifies that the plan for the contemplated construction complies with the PDD and associated guidelines. IV. Site Design Standards (Article 9) This proposed development conforms to the Comprehensive Land Plan for orderly and unified development of streets, utilities, neighborhood design, and public land and facilities. A. Lots (Section 21.9.3) Lot sizes and dimensions will conform to the minimum requirements recognized in Table Two of this PDD. In addition, the following requirements will apply to this PDD: • Residential corner lots will have sufficient width to permit the required building setback noted in Table Two; 9 Planned Development District May 2014 • On a residential corner lot, orientation of the dwelling will be forward facing and in similar physical orientation with the other houses next -door and on the same street. Side orientation will not be permitted; • No driveway cuts or garage access will be permitted from a side orientation of a corner lot; • The width of a residential lot located on a cul -de -sac, knuckle or curve will be no less than forty (40) feet wide at the property line, and at least as wide at the building front set backline, as established in Table Two. • There will be no residential lots fronting or having access, as defined herein under the section dealing with double frontage lots, to the internal `spine road'. B. Exterior Standards (Section 21.9.5) For all new single family residential buildings (excluding multifamily structures), the total exterior surface area of the structure, excluding doors, windows, and roofs shall be constructed of a minimum eighty percent (80 %) masonry. Masonry material shall be defined as that form of exterior construction material consisting of brick, stone, stucco, cemetatious fiberboard, and faux stone or brick. C. General Landscaping (Section 21.9.7) Trees planted along the collector, as defined as having a sixty (60) foot right -of- way, shall be a minimum of two and a half (2.5 ") inch caliper as defined by the American Standard for Nursery Stock. This PDD will provide a twenty (20) foot wide minimum landscape buffer along and adjacent to both sides of the right -of- way of the collector(s). Said landscape buffer shall be duly recorded as a lot, owned and maintained by the Homeowners Association. The internal landscape buffer will provide trees an average of one (1) tree per twenty -five (25) linear feet of street frontage along the internal collector. Trees may be planted in clusters of three (3) or more trees on the internal collector provided that the clusters(s) are spaced no more than seventy -five (75) feet on center (o.c.) measured from the center of the cluster. The HOA will irrigate and maintain said trees located in the common area. A thirty five (35) foot landscape buffer will occur between the buildings on the Commercial District and the beginning of the Single - Family Residential District. 9 Planned Development District D. Fencing and Screening (Section 21.9.8) May 2014 Fencing along the internal collector(s) shall consist of a six (6) foot wood fence, or masonry fence, with masonry columns. Masonry fence allowed will not include Fencecrete or other similar products. The fence shall be maintained by the NorTex Farms Homeowners Association and, if made of wood, will be composed of one inch by four inch (1 "x4 "), six feet (6') tall, vertical cedar planks without gaps between planks, with a top rail. The smooth side of any wood fence shall face out, with framing facing the interior of the lot. The wood fence may be sealed or stained with a clear coat only. No wood fencing shall be painted. V. Signs (Article 11) A. Subdivision Entry Signs (Section 21.11.15) The provisions of this section shall only apply to entry signs that identify the residential or commercial development associated with this PDD. Entry signs may be categorized into two types, being a Pod Sign and a Project Entry Sign. These entry signs are masonry in building material with insets and letters incorporated into them. Pod Signs are masonry built signs that are located at the entrance to each internal pod. The Project Entry Sign will be located at the primary entrance into the subdivision located on 135 access road. 1. Maximum Height Pod Signs: Internal neighborhood entry signs, known as `Pod Signs', shall be monument type signs and shall have a maximum height of five and a half (5Y2) feet (when free standing). Alternatively, the sign(s) can be incorporated and attached to the masonry or wood fence line or wall, which would allow for a maximum height of six (6) feet. Project Entry Sign: The `Project Entry Sign, which is located at the primary development entrance off of 135 access road, will allow for a maximum height of fifteen (15) feet, whether the sign is free standing or is incorporated and /or attached to the entry feature. 10 Planned Development District 2. Maximum Area Pod Signs: May 2014 The maximum area of Pod Signs shall not exceed twenty four (24) square feet per sign face (when free standing). Alternatively, the sign(s) can be incorporated and attached to the masonry or wood fence line or wall, which would allow for a maximum area of thirty two (32) square feet per sign face. The sign face may consist of a surface with lettering and logo. Project Entry Sign: The Project Entry Sign will allow for a maximum area not to exceed thirty two (32) square feet per sign face and may consist of a surface with lettering and logo. 3. Maximum Number of Signs Pod Siqns: Pod Signs shall be permitted at each of the eleven (11) internal subdivision pod entrances. Project Entry Sign: One Project Entry Sign will be allowed. 4. Placement of Sign Pod Signs: Pod signs may be placed at the entrance to each internal pod. Project Entry Sign: The project entry sign will be placed at the primary entrance into the subdivision located on 135 access road. Pod Signs & Project Entry Sign: may be located on one or both sides of the street, or in an island- median and assigned as a common lot with applicable lot and block numbers. 11 Planned Development District 5. Subdivision Entry Feature May 2014 An entry feature which is appropriate in scale to the size of the development and incorporating masonry walls, berms and /or decorative fencing, in combination with the project entry sign, may be constructed at the primary subdivision entrance on 135 access road provided the maximum area per entry sign(s) shall not exceed the square footage noted above. B. Development Signs (Section 21.11.18) Development Signs are typically wood or metal and advertise the community, builders, land uses within the community, and communities within the development. The signs may also be used for providing traffic direction to specific internal destinations. Development signs may be categorized into two types, being Internal Development Signs and Project Development Sign. The Internal Development Signs are wood or metal built signs that are located near the entrance to each internal pod. The Project Development Sign is a wood or metal built sign that is located near the primary entrance into the subdivision located on 135 access road. 1. Maximum Area Internal Development Signs: Development signs internal to the community, known as `Internal Development Signs', shall not exceed thirty -two (32) square feet per sign face. Project Development Sign: The `Project Development Sign', located off of 135 access road, will allow for a maximum area of fifty (50) square feet per sign face. 2. Maximum Height Internal Development Signs: Internal Development Signs shall not exceed six (6) feet in height. Project Development Sign: 12 Planned Development District May 2014 The Project Development Sign, located off of 135 access road, which will allow for a maximum height of fifteen (15) feet. 3. Number of Signs Internal Development Signs: Internal Development Signs are limited to one (1) sign per unit, not to exceed more than one sign per pod entry, and are permitted for the residential development. Project Development Sign: One Project Development Sign is permitted for this development. 4. Duration Internal Development Signs: Internal Development signs per unit may be installed at any time after approval and recordation of the final plat for each unit identified on the master development plan. Internal Development signs are permitted for a duration of three (3) years per sign, or 75% build -out (whichever occurs first). If the unit is not 75% built -out at the end of three (3) years, then the signs may stay installed for one (1) additional year. Project Development Sign: The Project Development Sign may be installed at any time after the approval and recordation of the first final plat. The Project Development Sign must be removed after nine (9) years (from the approval and recordation of the first final plat) or eighty percent (80 %) development of residential units (whichever occurs first). VII. Transportation (Article 14) A. Sidewalks and Hike and Bike Trails (Section 21.14.6) A meandering variable width pathway, between six (6) feet and ten (10) feet wide, will be located within the dedicated park space. The internal 13 Planned Development District May 2014 `spine road' parkway shall contain an eight (8) feet sidewalk on the side abutting the school site (west side) with a five (5) feet pedestrian sidewalk on the opposite side (east side). B. Street Improvement Standards (Section 21.14.1) Street Improvement Standards for the NorTex Farms master development plan are described in Table 2. :Table 3:' Classification ROW Pavement Drainage Sidewalk Hike/ Width Width Bike Trail Secondary 86' 48' Curb or 5' one side 8' other Arterial Curb & side Gutter Collector 60' 42' Curb or 5'& 8' N/A Curb & other side / Gutter ISD site side Local Street- 50' 30' Curb or 5' both N/A Residential* Curb & sides Gutter Notes: * Islands may exist in Right of Way (ROW) of certain units as approved by the City of Schertz. Refer to Exhibit D for typical island roadway cross - section. VI. Amendments to the Planned Development District (PDD) Any significant future changes from the established Dimensional Requirements for the approved PDD, which alter the concept of the PDD or increase the density, will cause the plan to be re- submitted for approval by the Planning & Zoning Commission and the 14 Planned Development District May 2014 City Council, including a new public hearing with applicable fees. Minor changes which do not change the concept or intent of the development shall be approved or denied administratively. 15 O • O � Qf1i to i O 1 i 1 !I v a q o i!, n • f v co m Q Cd , \ � �•I U cc P- CaQ q O y ( - Ij ® 1-4 0 ty m 9 �•' .0 y v o a a -- F-1 j�j I r 11---.1 j 1 j D j 1 � z 0 w. Ja.i?iNn Ernes Q )1OD10 j ®ul0 317G�30�Z7� —_—_ r$o 3 CL z o. �e U� O J 8 pNNNN u� � a millillillill F = �/.tP CJ 7yn iH -:'17 ` - - - ®Cs• J �4;/ C: mT ^ e l /�/I:Y'�.,J m�.m &`A l�, n�.3 '• y a _ n'. � Cgs I Si ry N GIg I 1 nh J 0 IM wr„ _ - f o �p /I n � s I ¢ W- pNNNN 1 a H" qipla IQW ^o.oCe`E$� LO € gk„<Q_ u�dQ MMlo in- y 3 j =s 8 \1 Y ? s t I r � I �p R Y millillillill F = �/.tP CJ 7yn iH -:'17 ` - - - ®Cs• J �4;/ C: mT ^ e l /�/I:Y'�.,J m�.m &`A l�, n�.3 '• y a _ n'. � Cgs I Si ry N GIg I 1 HIIIIIIIIIIII J a _ - f o �p 1 a H" qipla IQW ^o.oCe`E$� LO € gk„<Q_ u�dQ MMlo in- y 3 j =s 8 \1 Y ? s t I r � I �p R Y I a 0 s s "s 0 S millillillill 11 HIIIIIIIIIIII Millillililill I a 0 s s "s 0 S FIRM LICENSE NO. 10122300 FIELD NOTES FOR A 433.43 ACRE TRACT A 433.43 acre tract of land out of the J.F. Zepeda Survey No. 257, Abstract 685, J.F. Zepeda Survey No. 257, Abstract 471, C.M. Gahagan Survey No. 258, Abstract 182, C.M. Gahagan Survey No. 258, Abstract 142, P. San Miguel Survey No. 256, Abstract 227, State Survey, Abstract Tate2 and being out of the remaining portion of a 118.86 acre tract of land, known as Tract I -1, a 32.6 acre tract of land, known as Tract I -2, an approximate 4.0 acre tract of land, known as Tract I -3, the remaining portion of a 76.356 acre tract of land, known as Tract I4, the remaining portion of a 10.608 acre tract of land, known as Tract 1 -5, a 148.57 acre tract of land, known as Tract I -6, a portion of the 149.5 acre tract of land, known as Tract I -7, a 130.3 acre tract of land, known as Tract I -8, a 2.326 acre tract of land, known as tract I -9, a 0.357 of an acre tract of land, known as Tract I -10 as conveyed to NAN NorTex, LTD. of record in Document Number 201106000950 of the Official Public Records of Comal County, Texas, and a portion of the 100 acre tract of land, known as Tract II, conveyed to NAN Management, LLC, of record in Document Number 201106000952 of the Official Public Records of Guadalupe County, Texas. 126.24 acres, being situated in Comal County, Texas and 307.19 acres, being situated in Guadalupe County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a set 1/2" iron rod with a blue plastic cap stamped "KFW Surveying ", in the southeast right -of -way line of Interstate Highway 35, a variable width right -of -way, in the northeast line of Lot 27, Block 17, a variable width Sanitary Sewer Easement of The Fairways at Scenic Hills, Unit 3B, a subdivision plat of record in Volume 7, Page 203 of the Map and Plat Records of Coma] County, Texas, for the northwest comer of the remaining portion of a 10.608 acre tract of land and the tract on land described herein, from which a found Texas Department of Transportation Monument Type 2 bears, N 29' 34' 33" W, a distance of 4.79 feet; THENCE: Along and with the southeast right -of -way line of Interstate Highway 35, the northwest lines of the remaining portion of the 10.608 acre tract of land, the 2.326 acre tract of Iand and the 0.357 of an acre tract of land, the following calls and distances: 1. N 52° 20' 03" E, a distance of 41.17 feet to a set IVY' iron rod with a blue plastic cap stamped "KFW Surveying" at an angle point of the tract of land described herein; 2. N 59° 40' 24" E, a distance of 34.71 feet to a found Texas Department of Transportation Monument Type 2 at an angle point of the tract of land described herein; 3. N 13° 21' 30" E, a distance of 16.40 feet to a found Texas Department of Transportation Monument Type 2 at an angle point of the tract of land described herein; 4. N 51 ° 32' 23" E, a distance of 274.08 feet to a found Texas Department of Transportation Monument Type 2 at an angle point of the tract of land described herein; 5. N 54° 57' 53" E, a distance of 49.37 feet to a found Texas Department of Transportation Monument Type 2 at an angle point of the tract of land described herein; 6. N 54° 38' 39" E, a distance of 50.19 feet to a found Texas Department of Transportation Monument Type 2 at an angle point of the tract of land described herein; 14603 Huebner Rd. Bldg 40, San Antonio, Texas 78230 0 Phone: (210) 979.8444 0 Fax. (210) 979 -8441 0 www.kfwengineers.com 7. N 54" 39' 30" E, a distance of 352.47 feet a found Texas Department of Transportation Monument Type 2 at an angle point of the tract of land described herein; 8. N 59° 21' 41" E, a distance of 2131.54 feet to a found Texas Department of Transportation Monument Type 2, at an angle point of the tract of land described herein; 9. N 65° 12' 35" E, a distance of 35.40 feet to a found ! / ?" iron rod, at an angle point in the northwest line of the East 5.000 acre tract of land conveyed to Lee F. and Bertiel Flowers of record in Volume 3488, Page 939 of the Official Public Records of ComaI County, Texas, for the northeast corner of the 0,357 of an acre tract of land and northerly northeast corner of the tract of land described herein; THENCE: S 52° 13' 41" W, along and with the southeast line of the 0.357 of an acre tract of land and the northwest line of the East 5.000 acres and the West 5.00 acre tract of Iand conveyed to Lee F. and Bertiel Flowers of record in Volume 3488, Page 939 of the Official Public Records of Comal County, Texas, a distance of 507.39 feet to a set 1 /2" iron rod with a blue plastic cap stamped "KFW Surveying ", in the southeast line of the 0.357 acre tract of land, for the northwest corner of the West 5.000 acre tract of land, the northeast corner of the 130.3 acre tract of land and for an interior corner of the tract of land described herein; THENCE: S 06" 21' 01" E, along and with the southwest line of the West 5.000 acre tract of land and a northeast line of the 130.3 acre tract of land, a distance of 785.30 feet to a set 1/2" iron rod with a blue plastic cap stamped "KFW Surveying ", for the southeast corner of the West 5.000 acre tract of land, the northwest corner of the 32.6 acre tract of land and an interior corner of the tract of land described herein; THENCE: N 59" 43' 39 "E, along and with the northwest line of the 32.6 acre tract of land, the southeast line of the West 5.000 acre tract of land and the East 5.000 acre tract of land and a 10.00 acre tract of land conveyed to Keith M. Orme, Trustee of record in Document Number 9706000778 of the Official Public Records of Comal County, Texas, at a distance of 577.57 feet passing a found 1/2" iron rod in concrete for the southeast corner of the East 5.000 acre tract of land and the southwest corner of the I0.00 acre tract of land and continuing on for a total distance of 1118.42 feet to a set 1/2" iron rod with a blue plastic cap stamped "KFW Surveying ", for an interior corner in the southeast line of the 10.00 acre tract of land and a north corner in the northwest line of the 32.6 acre tract of land and the tract of land described here; THENCE: N 81" 14' 37" E, along and with a southeast line of the 10.00 acre tract of land and a northeast line of the 32.6 acre tract of land, a distance of 183.94 feet to a found 1/2" iron rod in concrete, in the west right -of -way line of Schwab road, for the southeast corner of the 10.00 acre tract of land, the northeast corner of the 32.6 acre tract of land and the easterly northeast corner of the tract of land described herein; THENCE: S 08" 46' 10" E, along and with the west right-of-way line of Schwab Road and an east line of the 32.6 acre tract, a distance of 961.00 feet to a set %2" iron rod with a blue plastic cap stamped "KFW Surveying ", for the southeast corner of the 32.6 acre tract of land, the northeast corner of the approximate 4 acre tract of land and for an angle point of the tract of land described herein; THENCE: S 134 10' 12" E, along and with the east line of the approximate 4 acre tract of land, a distance of 525.00 feet to a set 1/2" iron rod with a blue plastic cap stamped "KFW Surveying ", for the southeast corner of the approximate 4 acre tract of land, the northerly northeast corner of the 148.57 acre tract of land, in the west line of a 40.00 acre tract of land, known as Tract 1, conveyed to RBV 2 Limited Partnership, of record in Volume 1654 Page 902 of the Official 14603 Huebner Rd. Bldg 40, San Antonio, Texas 78230 0 Phone, (210) 979 -8444 0 Fax: (210) 979 -8441 0 www,kfwengineers.com Public Records of Guadalupe County, Texas and for an angle point of the tract of land described herein; THENCE: S 09' 32' 31" E, along and with the west line of the west line of the 40.00 acre tract of land, known as Tract 2, an east line of the 148.57 acre tract of land, a distance of 129.96 feet to a set 1/2" iron rod with a blue plastic cap stamped "KFW Surveying ", for the southwest corner of the 40 acre tract of land, known as Tract 2, the northwest corner of a 40.00 acre tract of land, known as Tract 1, conveyed to RBV 2 Limited Partnership, of record in Volume 1654 Page 902 of the Official Public Records of Guadalupe County, Texas of for an angle point in the 148.57 acre tract of land the tract of land described herein; THENCE: S 08' 07' 03" E, along and with the west line of the 40.00 acre tract of land, known as Tract 1, and an east line of the 148.57 acre tract of land, a distance of 833.40 feet to a set 1/2" iron rod with a blue plastic cap stamped "KFW Surveying ", for the southwest corner of the 40.00 acre tract of land, known as Tract 1, an interior corner of the 148.57 acre tract of land and the tract of land described herein; THENCE: N 71' 52' 57" E, along and with the southeast line of the 40.00 acre tract, of land known as Tract 1, and a northwest line of the 148.57 acre tract of land, a distance of 1666.73 feet to a set 1/2" iron rod with a blue plastic cap stamped "KFW Surveying ", for the northwest corner of a I5.66 acre tract of land, known as Tract 3 conveyed to RBV 2 Limited Partnership, of record in Volume 1654 Page 902 of the Official Public Records of Guadalupe County, Texas, for an easterly corner of the 148.57 acre tract of land and the tract of land described herein; THENCE: S 08' 48' 52" E, along and with the west line of the 15.66 acre tract of land and an east line of the 148.57 acre tract of land, a distance of 1379.21 feet to a set /z" iron rod with a blue plastic cap stamped "KFW Surveying ", in a northwest line of a tract of land conveyed to Melvin W. and Ruby F. Schwab, of record in Volume 1413 Page 497 of the Official Public Records of Guadalupe County, Texas, for the southwest corner of the 15.66 acre tract of land, an easterly southeast corner of the 148.57 acre tract of land and an easterly corner of the tract of land described herein; THENCE: Along and with a northwest line of the Schwab tract of land and a southeast line of the 148.57 acre tract of land, the following calls and distances: 1. S 61" 59' 15" W, a distance of 445.47 feet to a set 'l2" iron rod with a blue plastic cap stamped "KFW Surveying ", for an interior corner of the Schwab tract of land and at an angle point of the tract of land described herein; 2. N 2l' 27' 28" W, a distance of 223.23 feet to a set i2" iron rod with a blue plastic cap stamped "KFW Surveying ", for the northerly northeast corner of the Schwab tract of land, an interior corner of the 148.57 acre tract of land and the tract of land described herein, and 3. S 593 28' 32" W, a distance of 1008.68 feet to a set 112" iron rod with a blue plastic cap stamped "KFW Surveying ", for the northwest corner of the Schwab tract of land, the northeast corner of the 149.5 acre tract of land and an interior corner of the tract of land described herein; THENCE: S 30' 3 P 02" E, along and with a southwest line of the Schwab tract of land and a northeast line of the 149.5 acre tract of land, a distance of 607.90 feet to a set 1/2" iron rod with a blue plastic cap stamped "KFW Surveying ", the northeast corner of a 0.7 of an acre tract of land, conveyed to Melvin W. and Ruby F. Schwab, of record in Volume 1413 Page 497 of the Official 14603 Huebner Rd. Bldg 40, San Antonio, Texas 78230 0 Phone: (210) 979 -8444 0 Fax: (210) 979 -9441 0 www.kfwengineers.com Public Records of Guadalupe County, Texas, an easterly corner of the 149.5 acre tract of land and the tract of land described herein; THENCE: S 58' 31' 00" W, along and with. the northwest line of the 0.7 of an acre tract of land and a southeast line of the 149.5 acre tract of land, a distance of 86.82 feet to a found 60d Nail in concrete, for the northwest corner of the 0.7 of an acre tract of land and an interior corner of the 149.5 acre tract of land and the tract of land described herein; THENCE: S 30" 35' 23" E, along and with the southwest line of the 0.7 of an acre tract of land and a northeast line of the 149.5 acre tract of land, a distance of 351.70 feet to a found 60d Nail in concrete, for the southwest corner of the 0.7 of an acre tract of land, an interior corner of the 149.5 acre tract of land and the tract of land described herein; THENCE: N 59" 18' 13" E, along and with the southeast line of the 0.7 of an acre tract of land, a southeast line of the Schwab tract of land and a northwest line of the 149.5 acre tract of land, a distance of 1007.77 feet to a set 1/2" iron rod with a blue plastic cap stamped "KFW Surveying ", for an interior corner of the Schwab tract of land, an angle point of the 149.5 acre tract of land and the tract of land described herein; THENCE: S 85' 27' 02" E, along and with a southwest line of the Schwab Tract of land and a northeast line of the 149.5 acre tract of land, a distance of 40.00 feet to a set !'2" iron rod with a blue plastic cap stamped "KFW Surveying ", for an interior corner of the Schwab tract of land, an angle point of the 149.5 acre tract of land and the tract of land described herein; THENCE: S 29" 49' 00" E, along and with a southwest line of the Schwab tract of Iand, a southwest right -of -way line of Green Valley Road, (County Road 376), a variable width right -of- way and a northeast line of the 149.5 acre tract of land, at a distance of 199.06 feet, passing the southwest line of the Schwab tract of land, the northwest right -of -way line of Green Valley Road, continuing a total distance of 224.95 feet to a set '/2" iron rod with a blue plastic cap stamped "KFW Surveying" on the ostensible location of the city limits line of the City of Schertz and City of Cibolo ETJ line, for the southeast corner of the tract of land described herein, from which a found 318" iron rod in concrete, for the northeast corner of a 14.346 acre tract of land, conveyed to Geraldine H. Kierum, of record in Volume 643 Page 450 of the Official Public Records of Guadalupe County, Texas and an easterly corner of the 59.918 acre tract of land bears S 29' 49' 00" E, a distance of 825.05 feet; THENCE: S 50' 04' 57" W, along and with the ostensible location of the city limits line of the City of Schertz and City of Cibolo ETJ line, into and across the 149.5 acre tract and the 100 acre tract, a distance of 4083.87 feet to a found 1/2" iron rod, for the northeast of a 20.00 acre tract of land, conveyed to Nor -Tex HQ Farm, LTD., of record in Volume 2949 Page 993 of the Official Public Records of Guadalupe County, Texas, the southwest line of the 100 acre tract of land, for the southeast corner of the 18.751 acre tract of land, conveyed to Lee Novikoff, of record in Volume 1693, Page 120 of the Official Public Records of Guadalupe County, Texas and an the southwest corner of the tract of land described herein; THENCE: N 30" 20' 29" W, along and with the northeast line of the 18.751 acre tract of land and the southwest line of the 100 acre tract of land, a distance of 320.81 to a found 1/2" iron rod with a plastic cap stamped "CEC ", for the southeast corner of the remaining portion of the 76.356 acre tract of land, the northwest corner of the 100 acre tract of land, an easterly corner of the 18.751 acre tract of land and an interior corner of the tract of land described herein; 14603 Huebner Rd. Bldg 40, San Antonio, . Texas 78230 0 Phone: (210) 979 -8444 0 Fax. (210) 979 -8441 0 www,kiwengineers.com x , THENCE: S 80' 16' 13" W, along and with a north line of the 18.751 acre tract of land and the southeast line of the remaining portion of the 76.356 acre tract of land, a distance of 12.95 feet to a found 1/2" iron rod with a plastic cap stamped "CEC ", for the southwest corner of the remaining portion of the 76.356 acre tract of land, an interior corner of the 18.751 acre tract of land and a westerly corner of the tract of land described herein; THENCE: N 30' 56' 16" W, along and with the northeast line of the 18.751 acre tract of land, a northeast line of The Links at Scenic Hills, Unit 3, a subdivision plat of record in Volume 7, Page 646 of the Map and Plat Records of Guadalupe County, Texas and the southwest line of the remaining portion of the 76.356 acre tract of land, at a distance of 216.25 feet, passing a found 'i2" iron rod with a plastic cap stamped "Jacobs Prop ", for the northeast corner of the 18.751 acre tract of land and the southeast corner of The Links at Scenic Hills, Unit 3, continuing a for total distance of 501.70 feet to a set ' /z" iron rod with a blue plastic cap stamped "KFW Surveying ", for the northwest corner of the remaining portion of the 76.356 acre tract of land, an interior corner of The Links at Scenic Hills, Unit 3 and a westerly corner of the tract of land described herein; THENCE: N 12" 20' 23" W, along and with the northeast lines of The Links at Scenic Hills, Unit 3, the remaining portion of a 168.088 acre tract of land, conveyed to Investment Scenic Hills, LTD, of record in Volume 1634, Page 179 of the Official Public Records of Guadalupe County, Texas, The Links at Scenic Hills, Unit 1, a subdivision plat of record in Volume 7, Page 389 of the Map and Plat Records of Guadalupe County, Texas, the RepIat of Fairhaven, Unit 2, a subdivision plat of record in Volume 7, Page 447 of the Map and Plat Records of Guadalupe County, Texas, Fairhaven, Unit 2, a subdivision plat of record in Volume 7, Page 224 of record in the Map and Plat Records of Guadalupe County, Texas, the northwest line of the remaining portion of the 76.356 acre tract of land, the west line of the 149.5 acre tract of land and the remaining portion of the 118.86 acre tract of land, at a distance of 1335.20 feet to a set 1/2" iron rod with a blue plastic cap stamped "KFW Surveying" in the northeast line of Lot 52, Block 26 of The Links At Scenic Hills, Unit 1 of record in Volume 7 Page 389 of the Map and Plat Records of Guadalupe County, Texas and for the southwest corner of a 23.76 acre tract of land conveyed to the Board of Trustees of The Schertz- Cibolo-Universal City Independent School District of record in Volume 4176 Page 283 of the Official Public Records of Guadalupe County, Texas, for a westerly corner of the tract described herein, from which a found 1 /2" iron rod with a plastic cap stamped "C -B SA Prop ", for the northeast corner of Lot 57, Block 26 of the Replat of Fairhaven, Unit 2, the southeast corner of Lot 36, of the Fairhaven, Unit 2 bears S 12' 20' 23" E, a distance of 197.59 feet; THENCE: Along and with the 23.76 acre tract of Iand, into and across the 148.57 acre tract of Iand and the remaining portion of the 118.86 acre tract of land, the following calls and distances: 1. N 79'11'57" E, a distance of 596.17 feet to a set 1/2" iron rod with a blue plastic cap stamped "KFW Surveying ", for an angle point of the tract described herein, 2. N 50"03'22" E, a distance of 820.77 feet to a set 'rz" iron rod with a blue plastic cap stamped "KFW Surveying ", for a southeast corner of the 23.76 acre tract and an interior corner of the tract of land described herein, 3. N 33 °40'59" W, a distance of 722.00 feet to a set'ri" iron rod with a blue plastic cap stamped "KFW Surveying ", for a northeasterly corner of the 23.76 acre tract and an interior corner of the tract of land described herein, 4. S 5618'31" W, a distance of 241.20 feet to a set '/2" iron rod with a blue plastic cap stamped "KFW Surveying ", for an angle point of the tract of land described herein, 14603 Huebner Rd, Bldg 40, San Antonio, Texas 78230 0 Phone: (210) 979.8444 0 Fax: (210) 979 -8441 0 www.ktwengineers.com 5. S 63"45'09" W, a distance of 567.84 feet to a set 'rz" iron rod with a blue plastic cap stamped "KFW Surveying ", for an angle point of the tract of land described herein, 6. S 7739'37" W, a distance of 234.68 feet to a set ' /s" iron rod with a blue plastic cap stamped "KFW Surveying ", for an interior corner of the tract of land described herein, 7. N 12"20'23" W, a distance of 361.41 feet to a set I/Y' iron rod with a blue plastic cap stamped "KFW Surveying ", for an angle point of the tract of land described herein, 8. N 2938'53" W, a distance of 305.62 feet to a set 'r'z" iron rod with a blue plastic cap stamped "KFW Surveying ", for an interior corner of the tract of land described herein, and 9. S 6021'07" W, a distance of 50.00 feet to a set 4'2" iron rod with a blue plastic cap stamped "KFW Surveying ", for the southeast corner of Lot 17 of Fairhaven, Unit 2, at the termination of the northeast right -of -way line of Black Butte, a 50' right -of -way, of record in Volume 6 Page 763 of the Map and Plat Records of Guadalupe County and the northwest corner of the 23.76 acre tract of land and for a westerly corner of the tract of land described herein; THENCE: N 29 38' 53" W, along and with the northeast line of The Fairways at Scenic Hills, Unit 3B, The Ridge at Scenic Hills, Unit 1, a subdivision plat of record in Volume 6, Page 763 of the Map and Plat Records of Guadalupe County, Texas, the southwest line of the 130.3 acre tract of land and the 148.57 acre tract of land, a distance of 1012.96 feet to a found ' /z" iron rod, for the southwest corner of Lot 23 and the northeast corner of Lot 26 and for an angle point in the southeast line of The Fairways of Scenic Hills, Unit 3B, for an angle point in the southwest line of the 130.3 acre tract of land and the tract of land described herein; THENCE: N 29° 34' 33" W, along and with the northeast line of The Fairways at Scenic Hills, Unit 3B, a 0.3227 of an acre tract of land, conveyed to Charlie N. and Gayle A. Maltby, of record in Volume 861, Page 8 of the Official Public Records of Coma] County, Texas, a 0.4469 of an acre tract of land, conveyed to Randall F. and Eileen T. Moore, of record in Document No. 9806008458 of the Official Public Records of Comal County, Texas, a 0.5696 of an acre tract of land, conveyed to Louis P. Maria A. and Linda L. Martinez, of record in Document No. 9906033723 of the Official Public Records of ComaI County, Texas, the southwest line of the 130.3 acre tract of land and the remaining portion of a 10.608 acre tract of land, at a distance of 1328.90 feet passing a found ' ✓`z" iron rod with a plastic cap stamped "CEC ", for the northeast corner of The Fairways at Scenic Hills, Unit 3B, the southeast corner of the 0.3227 of an acre tract of land, continuing for a total distance of 1803.74 feet to the POINT OF BEGINNING and containing 433.43 acres, or 18,880,328 square feet more or less situated in the City of Schertz and the City of Cibolo, Coma] County and Guadalupe County, Texas and being described in accordance with a survey prepared by KFW Surveying. Job No.: 13.016 Prepared by: KFW Surveying Date: May 20, 2014 File: SADraw 2013 \ \13 -016 Noricx \DOCS\FN 433.43 14603 Huebner Rd. Bldg 40, San Antonio, Texas 78230 0 Phone: (210) 979 -8444 0 Fax: (210) 979-8441 0 wwwAtwengineers,corn NORTEX FARMS PROPOSED TYPICAL ISLAND DETAIL R.O.W. VARIES ISLAND 10' PARKWAY 24' WIDTH VARIES FACE OF CURB TO FACE OF CURB MIN. 2' SEPARATION I 5' SIDEWALK I 2 2% CURB & GUTTER CURB & GUTTER I TYPICAL ISLAND DETAIL NOT TO SCALE PNGMEFltS & w "W1513 IlEJJ NVE8I.1HRAA6tDO- FHWIE(110 /9)A6!!I SA / /A / / /O'."D, 1EYAS ]B1JJ FAY(210),*Wf41 NorTex Farms A Master Planned Community Schertz, TX Manager /Developer for Project: Denton Communities 60 year old family owned & operated real estate development company. Local to the San Antonio & surrounding areas. Notable projects include: • Lincoln Heights • Inwood • Longhorn Quarry development • Oakwell Farms • Rogers Ranch • Kinder Ranch • Willis Ranch • Bentley Manor • Willow Wood • Huntington of Shavano Park • Shavano Highlands • Menger Springs • Setterfeld Estates • Sunset Villas of Alamo Heights • Two Creeks • Over 200 projects completed in the 1980s and 1990s • Currently managing over 40 residential developments in San Antonio & surrounding areas. Location of NorTex Farms Land Plans &Details U. D, 14 - - - - - - - - - - - JIM Hl� 7 .. . 113 --.1 5r, j 1Z ,a ­J1 NOR7FXFARMS Suao/v/s/01V LAND PLAN EXHIBIT Land Plans &Details: Schertz eAA !�1AlAAe.AA •e a -•• I�ooA ®mA�m Ifi9^3ilAl�%J��AZf�89" ��6+J�� I�oaOam ®gym _ ©a ®ae ®moo �� 1 ■� I �� � to ®0avv ® ®o �� ®�asaoo�o .y i `� +A,xrao.'iiuem+:,nraw . r + ` •�- is i Q lA ---coo � ' Y eAA !�1AlAAe.AA •e a -•• I�ooA ®mA�m Ifi9^3ilAl�%J��AZf�89" ��6+J�� I�oaOam ®gym _ ©a ®ae ®moo �� 1 ■� I �� � to ®0avv ® ®o �� ®�asaoo�o Land Plans &Details: Schertz Total Acres: 457 (126 acres Commercial, 307 acres Residential, 23 acres Elementary School Site) Total Lots: 750 Lots/ Acre: 2.7 Lot Sizes / Number: 55's, 65's, 75's, Townhomes House Price Range: mid $200's to the $500's Total Park & Open Space Acres: 80 Commercial Use: Commercial (& Multi- family) on frontage. Park Plan &Details Park Uses: • Two Community Centers • 14 acre City Park with lake (Approved by Parks Advisory Board 2.24.14) • Extensive Multi -Use Walking Path & Trails • Pool • Pavilion • Playground / Playscape • Sport Court • PlayingFields • Frisbee Golf • Tree plan & landscaping in parkways Future Connection to Dry Corral Creek Creenway Park Plan Schertz City Park + Play Fields Community Centers Disc Golf Areas Proposed Con nection to LOpen Space / Recreation Areas — isting'Park and CSpecial Use Facility Recreation Center S Ne : Tina pl— is avnwpival and -bj— w ch.Wg NorTex Overall Recreation and Open Space Master Plan nwA 2 -24-14 Park Plan: City Park Component/ Signage� - ' 0 2-24-14 -. t10n to EC - -- \ 1 :fisting n }L Recreation 51te Park Plan: Community Center A ,a pri;lc npctitpn `` N&. T pl., is ..—cl A-I ands ,.bj-t i. ch-g., i Picnic Area Optional Community Garden) low, DWA Park Plan: Community Center B NorTex - --- I�� - -- - -I i Community Center `B' t tPicnic Facilities Playground + tional \ bpehir - -- is- t. NorTex D rive t 1' - � -- -- _ AW No4c: this piAn is ronccphde e.ndi suhjccl W chpnh+c / , �/ - , 1 1= �24 -14 1 t Additional Information: Densities &House Price Ranges LOT SIZE PRICE OF LOT (@ TYPICAL PRICE OF RANGE OF HOUSE $1,000 PFF) HOUSE PRICE 55' $55,000 $275,000 mid $200's to mid $300's 65' $65,000 $325,000 low $300's to high $300's 75' $75,000 $375,000 mid $300's to the $500's Price range from mid $200's to the $500's. Higher priced homes will equate to higher architectural house details and standards - to justify the value added and salability of the higher price of the house. All of the above characteristics equate to a `higher -end' community. Typical Questions &Concerns: Drainage • Detention basins are planned for the appropriate drainage locations (detention is mandatory in both the City of Schertz and the City of Cibolo. • Under the detention scenario no increased storm water runoff will leave the site and pre- development / pre- existing conditions for drainage are maintained. • A `Preliminary Drainage Report' has been submitted and approved by the City of Schertz (and City of Cibolo) Engineering Department. • A more detailed analysis and sizing of all detention basins will occur at the platting stage for each subdivision / unit. • All of the above conditions will be reviewed and approved by the City of Schertz (and Cibolo) during the platting and permitting process and before any construction can begin. Typical Questions &Concerns: Traffic • Multiple routes exist for ingress / egress throughout the community. • Per the TIA (Traffic Impact Analysis) and Rough Proportionality, an abundance of access and circulation improvements have been met (and exceeded) by the developer for this community. • NorTex Drive and the `North -South collector' are collector classifications and meet the size requirements of the Cities of Schertz and Cibolo. These designated street designs also meet the master thoroughfare plan requirements for the Cities of Schertz and Cibolo. • Green Valley Rd. is on the master thoroughfare plan (for the City of Cibolo) and is to be improved per the developer required improvements for construction of half of the width of Green Valley Rd. on the property's frontage. • All roads and classification of roads are per the review of City of Schertz (and Cibolo) and will be reviewed and approved by the Cities prior to construction. Typical Questions &Concerns: Traffic Typical Questions & Concerns: Neighbor Value • Will house prices in NorTex Farms devalue my house in Scenic Hills / Northcliffe? House price values will exceed those of Scenic Hills / Northcliffe. NorTex Farms pricing will be in the $200's to $500's. Will there be `a sea of rooftops' outside my back window? NorTex Farms has a net density of 2.7 dwelling units per acre — a very low residential density and impact for its type, with multiple green spaces, natural areas (and lake), and passive & active recreational amenities. The rezoning of the land can be considered a `down zowning' as the PDD designation allows for less intense uses than the current GB (General Business) zoning that exists for the tract. • Will new houses cause new traffic problems? Multiple access points exist in NorTex Farms, including a collector classified road from I35 to Green Valley Rd. Roads are sized appropriately & per TIA analysis for proper circulation, including major roads on City thoroughfare plans being built by the developer. Improvements to Schwab Rd. and Green Valley Rd. will exist. NorTex Farms is a 10 to 15 year project with homes being built in stages per development phases. • Will new houses and improvements cause drainage issues to my property? NorTex Farms must provide `detention' on site per Schertz and Cibolo City code. Basins will be sized appropriately at platting stage, with a preliminary drainage report having already been reviewed and approved by the City of Schertz and Cibolo. Natural low areas have been left as natural with added drainage improvements planned. The end drainage scenario will be an improvement from the current natural situation given added drainage and detention improvements. PDD vs. Straight Zoning • The collaboration of the developer with City Staff to create a community that respects the natural environment, creates new natural usable spaces, new amenities, multiple housing products, and various land uses within a master plan for development. • Under a PDD there is less overall density than a typical R2 zoning land plan for 70' lots. The PDD provides for more open space & usable green space as part of the master plan and the variability of residential lot sizes. • The PDD produces 750 residential lots and 80 acres of recreational open space (with multiple recreation sites), a typical 70' lot land plan under R2 zoning produces 904 lots and minimal usable open space (see next exhibit for all 70' lot master plan). • In conjunction with the expansive open space and variability of housing product, a more aesthetic curve- linear street design is created through the PDD. • The PDD document requires a higher degree of attention to detail, regulation, and aesthetic improvements to the community fie., entry monument specifics, signage specifics, recreational spaces and amenities, streetscape details (trees / columns / fencing) 1. • The PDD land plan creates multiple housing products with more varied price options and lifestyle options, while allowing for a broader and more robust marketing appeal to homebuyers and citizens in a master planned community adapted to the constraints and opportunities of the environment. A1170' Lot Plan PDD vs. Straight Zoning 55', 65', 75' Lots 750 Total Lots 80 Acres of Open Usable Space Recreation Centers, Pools, Multi -Use Pathways, Multiple Park Areas. Curve - Linear Streets with Street Beautification 70' Lots 904 Total Lots Minimal Open Usable Space Minimal Park Area per City Requirements Straight Streets- Maximum Lot Efficiency