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PZ 09-13-2017 AGENDA w associated documents' ENO �kik ; Business Park Unit 12A, an approximate 3 acre tract of land generally located approximately 700 feet east of the intersection of Schertz Parkway and IH -35 Frontage Road, City of Schertz, Guadalupe County, Texas. B. PC2017 -010 Hold a public hearing, consider and act upon a request for approval of a replat of the Blackburn Elbel Subdivision, Lots 1, 2, 4, 5, and 6 Block 3. The site is an approximate 5 acres located on the north west corner of the intersection of FM 3009 and Elbe] Road, City of Schertz, Guadalupe County, Texas. C. ZC2017 -003 Hold a public hearing, consider and make a recommendation on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 1 General Provisions. D. ZC2017 -004 Hold a public hearing, consider and make a recommendation on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 3 Boards, Commissions and Committees and associated updates in UDC Articles 4, 8, 9, 11 & 1.4. E. ZC2017 -009 Hold a public hearing, consider and make a recommendation on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 4, Section 21.4.15 Public Infrastructure Improvement Construction Plans and Community Facility Agreements. F. ZC2017 -010 Hold a public hearing, consider and make a recommendation on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 4, Section 21.4.3 Notice Requirements. 5. WORKSHOP /DISCUSSION: A. Discussion on Planning and Zoning Commission recommendation for CCAB Appointment 6. REQUESTS AND ANNOUNCEMENTS: A. Requests by Commissioners to place items on a future Planning and Zoning Agenda. B. Announcements by Commissioners. • City and community events attended and to be attended • Continuing education events attended and to be attended C. Announcements by City Staff. • City and community events attended and to be attended. • August 2017 Monthly Financial :Report • Committee of Committees Advisory Board August 2017 . Meeting Summary • NEW SITE PLAN APPLICATIONS: The following site plans were submitted to the Planning and Zoning Department between August 7, 2017 and September 8, 2017. 1) Casa Verde Farms Lot 1, Block 1 (7791 FM 482) Site Plan — proposed 9.622 acre wholesale nursery 2) Enterprise Industrial Park Lot 9, Block 1 (17745 Lookout Road) Site Plan- proposed 187,674sq.ft. office / warehouse Planning & Zoning September 13, 2017 Page 2 of 3 CERTIFICATION I, Emily Grobe, Planner, of the City of Schertz, Texas, do hereby certify that the above agenda was posted on the official bulletin boards on this the 8' day of September, 2017 at 5:00 p.m., which is a place readily accessible to the public at all times and that said notice was posted in accordance with chapter 551, Texas Government Code. Env Gv'abg' Emily Grobe, Planner I certify that the attached notice and agenda of items to be considered by the Schertz Planning & Zoning Commission was removed from the official bulletin board on day of , 2017. title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 619 -1030 at least 24 hours in advance of meeting. The Planning and Zoning Commission 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 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. Planning & Zoning September 13, 2017 Page 3 of 3 PLANNING AND ZONING MINUTES August 09, 2017 The Schertz Planning and Zoning Commission convened on August 09, 2017 at 6:00 p.m. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. PLANNING & ZONING COMMISSION Michael Dahle, Chairman Richard Brand Christian Glombik Glen Outlaw Gordon Rae Ken Greenwald COMMISSIONERS ABSENT Ernie Evans, Vice Chairman 11 2. O II "'i Ij go 41A :# Mr. Dahle called the HEARING OF RESID There were 3. CONSENT A. Minutes for Mr. Outlaw was 5 -0, wi 4. 91 OPS who from Mr CITY STAFF Brian James, Executive Director Development Lesa Wood, Director of Planning & Community Del. Tiffany Danhof, Executive Administrative Assistant Bryce Cox, Senior Planner at 6: agenda. Mr. Rae seconded the motion. The vote Pik. motion carried. and discussion regarding notification signs for zoning cases. Mr. Cox gave a presentation regarding notification signs for zoning cases. The presentation included a power point presentation on the staff recommendation for the proposed sign notification. Mr. Cox discussed the staff recommendation for sign size, fees, and location requirements, posting /removing by applicant, estimated cost for the signs, and that city staff would be responsible to regulate posting of the signs and furnishing signs. Mr. Cox mentioned that city staff recommendation would require an amendment to the Unified Development Code Article 4. Mr. Dahle opened the public hearing at 6:17 P.M. There were no residents who spoke. Minutes Planning and Zoning Commission August 09, 2017 Page 1 of 2 5. Mr. Dahle closed the public hearing at 6:18 P.M. The Commissioners and City Staff had a discussion regarding the Commissioners suggestions and concerns with notification signs for zoning cases. Some of the suggestions and questions included comments on the time frame, entering private property, fees for the signs, the proposed amendment to the Unified Development Code, sign size, and standardizing the sign requirements. REQUESTS AND ANNOUNCEMENTS: A. Requests by Commissioners to place items on a future Planning and Zoning Agenda. There were no request by the Commissioners. B. Announcements by Commissioners • City and community events attended and to be attended • Continuing education events attended and to be attended There were no announcements by the C. Announcements by City • City and commur • NEW SITE PLA the Planning and 1) Mobile Villa No other changes prop( Mr. Cox announced the new site,pla 6. ADJOURNMENT OF THE REG The meeting adjourned at 6:30 P.M. Chairman, Planning Minutes Planning and Zoning Commission August 09, 2017 Page 2 of 2 onnnission tended and to be attended. NTIONS: The following site plans were submitted to )artment between July 21, 2017 . and August 4, 2017. 64 Block I (17160 N IH 35) rations to the building facade material and sidewalk. received. lU101By0161 Recording Secretary, City of Schertz • TO: Planning and Zoning Commission CASE: PC2017 -036 Hallies Cove Unit 1- Final Plat SUBJECT: Consider and act upon a request for approval of a final plat for Unit 1 of the Hallies Cove subdivision, an approximate 10 acre tract of land generally located east of FM 1518 approximately 1,375 feet south of Trainer Hale Road, Bexar County, Texas. Owners: Triple H Development, LLC Applicant: Andy Rodriguez, P.E., CDS Muery APPLICATION SUBMITTAL DATE: August 11, 2017 (Original Application) September 5, 2017 (Revised Submittal) BACKGROUND: The Hallies Cove Planned Development District (PDD) was approved by City Council on September 27, 2016 (Ordinance 16- S -32). The applicant requested to amend the Hallies Cove PDD in order to modify the minimum required lot depth and the method of measuring lot depths for irregular lots, lots fronting cul -de -sacs or knuckled and /or curved streets. The PDD amendment was approved on January 24, 2017 (Ordinance 17 -S- 04). The preliminary plat for Hallies Cove Unit 1 was approved on February 7, 2017. ITEM SUMMARY: The applicant is proposing to final plat approximately 10 acres of land establishing 21 single family residential lots with a minimum lot size of 9,600 square feet as dictated by the Planned Development District development standards in Ordinance 17 -S -04. The site is zoned Planned Development District (PDD). This final plat was reviewed using the PDD Ordinance 17 -S -04 development standards and the current UDC, Ordinance 11 -S -15 as amended. GENERAL LOCATION AND SITE DESCRIPTION: The subject property is currently undeveloped and is located east of FM 1518 approximately 1,400 feet south of Trainer Hale Road. ACCESS AND CIRCULATION: The UDC, Article 14, requires that all residential subdivisions have a minimum of two (2) locations accessing existing public streets. This unit is designed to have two (2) points of access off FM 1518. Hallie Arrow and Hallie Brook are 86 -foot wide rights of way that will be constructed as part of Unit 1. TxDOT has approved the two points of access. Two off -site temporary turnaround easements will be required until such time that the streets are extended with recordation of the final plat for Unit 2. The temporary turnaround easements ensure compliance with UDC Section 21.14.1.E, which prohibits dead -end streets. TREE MITIGATION AND PRESERVATION: The applicant is responsible for complying with the Unified Development Code (UDC), Section 21.9.9 Tree Preservation and Mitigation. The applicant has submitted a tree affidavit which indicates that the site has no protected or heritage trees within Unit 1. There is an existing oak tree measuring 31 inches caliper adjacent to the site, however it is within TxDOT right -of -way. PARKS: The Hallies Cove Master Development Plan includes approximately 36 acres of land that is proposed as dedicated public parkland. There is an approximate 24 acre lot located along the northerly portion of the Hallies Cove Master Development Plan (MDP) and an approximate 12 acre lot located along the southerly portion of the Hallies Cove MDP. The Hallies Cove MDP was reviewed by the Parks and Recreation Advisory Board and approved as part of the PDD Ordinance 16 -S -32. The open space and parkland amenities will include passive hike and bike trails and may also include other passive amenities in the northern parkland area, such as playing fields, and barbeque and picnic tables. The developer is currently working with the Parks, Recreation, and Community Services Department to identify appropriate improvements. No parkland is being dedicated with this plat. PUBLIC SERVICES: The site would be serviced by Schertz water, CPS, AT &T, and Time Warner Cable. Sewer will ultimately be serviced by City of Schertz and treated by Cibolo Creek Municipal Authority (CCMA) once the sewer lines to the future waste water treatment plant in southern Schertz are constructed. In the interim, the applicant has proposed to pump and haul wastewater. The pump and haul plan was recently approved by City Council on August 22, 2017. PUBLIC IMPROVEMENTS: All public improvements required for this subdivision are required to be installed prior to recording of the final plat per UDC, Section 21.4.15, unless otherwise specified in an approved development agreement. The civil construction plans were reviewed and approved by the Public Works and Engineering Departments. Water and Sewer: The site will be serviced through 8" water lines and 8" sewer lines that will be extended throughout the subdivision and stubbed for future development. Sewer service will ultimately be provided by the City and treated by CCMA, who holds the certificate of Convenience and Necessity (CCN) for this site, once the sewer lines to the future waste water treatment plant in southern Schertz are constructed. In the interim, the applicant plans to contract with a licensed third party to pump and haul wastewater for treatment. A pump and haul plan was submitted to the City for review and approved by City Council on August 22, 2017. A copy of an executed service agreement will need to be provided to the City prior to recordation of the final plat. Water service will be provide by the City of Schertz. Drainage: The applicant is responsible for all drainage associated with the subject property, and for compliance with the Storm Water regulations. A stormwater management plan was submitted for the Hallies Cove Master Development Plan, along with subsequent stormwater management plans for Units 1 and 2. The plans have been reviewed and approved by the City Engineer. The stormwater management plan indicates that stormwater detention will not be required and flows will be discharged directly into Woman Hollering Creek. iN Temporary off -site drainage easements have been included in the final plat for Unit 1, and those easements will be abandoned once Unit 2 is recorded. Sidewalks Hike and Bike Trails: Sidewalks will be constructed along both sides of the streets throughout the subdivision. All sidewalks will be designed to meet City of Schertz Specifications. Road Improvements: All streets within this Unit will be developed to City of Schertz specifications. The subdivision is located off FM 1518, which is TOOT right of way. The plat includes a 20 -foot TOOT right -of- way dedication along FM 1518. Additional Design Standards: In accordance with the Hallies Cove PDD design requirements, the plat includes an additional 70 -foot landscape buffer immediately adjacent to the 20 -foot TOOT right -of -way dedication. Tree planting will be required within the landscape buffer and a 5 -foot meandering sidewalk was identified in the entrance exhibit that was approved with the Hallies Cove PDD. STAFF ANALYSIS AND RECOMMENDATION: The final plat has been reviewed with no objections by the City Engineer, Public Works, Parks, Inspections, Fire and Police. The plat is consistent with all applicable zoning requirements, ordinances, and regulations. Staff recommends approval of the final plat. Planning Department Recommendation X Approve as submitted Approve with conditions* Denial * While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC. COMMISSIONERS CRITERIA FOR CONSIDERATION: The Planning and Zoning Commission is the final approval authority of the proposed final plat. In considering final action on a final plat, the Commission should consider the criteria within UDC, Section 21.12.1 OR Attachments: Aerial Map Exhibit CDS Muery F -1733 KENNETH R i . .... ......�..�....�t �r i �: : ��AFC 1459Q . �/ F .. / STE DARRYL L. ZERCHER 5609 Ess\ci GENERAL NOTES: CPS NOTES: TXDOT NOTES: 1. SET 1/2" IRON RODS AT ALL CORNERS UNLESS OTHERWISE NOTED. 1. THE CITY OF SAN ANTONIO AS PART OF ITS ELECTRIC AND GAS SYSTEM (CITY PUBLIC SERVICE 1. FOR RESIDENTIAL DEVELOPMENT DIRECTLY ADJACENT TO STATE RIGHT -OF -WAY, THE DEVELOPER WING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY BOARD) IS HEREBY DEDICATED THE EASEMENTS AND RIGHTS -OF -WAY FOR ELECTRIC AND GAS SHALL BE RE PONSI LE FOR ADEQUATE SETBACK AND /OR SOUND ABATEMENT MEASURES FOR 2. SELLING AND STATE LAW AND DI SUBJECTED TO FINES AND WITHHOLDING UTILITIES AND DISTRIBUTION AND SERVICE FACILITIES IN THE AREAS DESIGNATED ON THIS PLAT AS "ELECTRIC PERMITS. EASEMENT", GAS EASEMENT", ANCHOR EASEMENT", SERVICE EASEMENT", "OVERHANG EASEMENT", "UTILITY EASEMENT", AND "TRANSFORMER EASEMENT" FOR THE PURPOSE OF 2. OWNER/DEVELOPER IS RESPONSIBLE FOR PREVENTING ANY ADVERSE IMPACT TO THE EXISTING INSTALLING, CONSTRUCTING, RECONSTRUCTING, MAINTAINING, REMOVING, INSPECTING, PATROLLING DRAINAGE SYSTEM WITHIN THE HIGHWAY RIGHT -OF -WAY. FOR PROJECTS IN THE EDWARDS 3. BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH AND ERECTING POLES, HANGING OR BURYING WIRES, CABLES, CONDUITS, PIPELINES OR AQUIFER RECHARGE OR CONTRIBUTING ZONES, OUTFALLS FOR WATER QUALITY AND /OR DETENTION CENTRAL ZONE, NAD 83. TRANSFORMERS, EACH WITH ITS NECESSARY APPURTENANCES; TOGETHER WITH THE RIGHT OF PONDS TREATING IMPERVIOUS COVER RELATED TO THE DEVELOPMENT, WILL NOT ENCROACH BY 4. ALL OPEN SPACE, COMMON AREAS, GREENBELTS, DRAINAGE EASEMENTS OR OTHER AREAS INGRESS AND EGRESS OVER GRANTOR'S ADJACENT LAND, THE RIGHT TO RELOCATE SAID STRUCTURE OR GRADING INTO STATE ROW. PLACEMENT OF PERMANENT STRUCTURAL BEST IDENTIFIED AS PRIVATE SHALL BE THE RESPONSIBILITY OF THE OWNER OR OWNER'S SUCCESSORS FACILITIES WITHIN SAID EASEMENT AND RIGHT -OF -WAY AREAS, AND THE RIGHT TO REMOVE FROM MANAGEMENT PRACTICE DEVICES OR VEGETATIVE FILTER STRIPS WITHIN STATE ROW WILL NOT BE SAID LANDS ALL TREES OR PARTS THEREOF, OR OTHER OBSTRUCTIONS WHICH ENDANGER OR MAY ALLOWED. AND /OR ASSIGNS, PROVIDED SUCH SUCCESSOR OR ASSIGN IS APPROVED BY THE CITY. BLOCK INTERFERE WITH THE EFFICIENCY OF SAID LINES OR APPURTENANCES THERETO. IT IS AGREED AND LOT 1, BLOCK 3, LOT t AND BLOCK 4, LOT 1; ARE LANDSCAPE AND OR DRAINAGE LOTS TO BE E UNDERSTOOD THAT NO BUILDINGS, CONCRETE SLABS, OR WALLS WILL BE PLACED WITHIN SAID 3. MAXIMUM ACCESS POINTS TO STATE HIGHWAY FROM THIS PROPERTY WILL BE REGULATED AS OWNED AND MAINTAINED BY THE HOME OWNERS ASSOCIATION (HOA). EASEMENT AREAS. DIRECTED BY "ACCESS MANAGEMENT MANUAL ". THIS PROPERTY IS ELIGIBLE FOR A MAXIMUM COMBINED TOTAL OF TWO (2) ACCESS POINT ALONG FM 1518 BASED ON THE OVERALL PLATTED 5. ALL THE LOTS ARE TO BE UTILITY SERVICED FROM THE FRONT OF THE LOTS ADJACENT TO THE 2, ANY CPS ENERGY MONETARY LOSS RESULTING FROM MODIFICATIONS REQUIRED OF CPS HIGHWAY FRONTAGE OF 1,033.17'. STREETS. EQUIPMENT, LOCATED WITHIN SAID EASEMENT, DUE TO GRADE CHANGES OR GROUND ELEVATION 6. THE TOTAL NUMBER OF BUILDABLE LOTS IS 21 ALTERATIONS SHALL BE CHARGED TO THE PERSON OR PERSONS DEEMED RESPONSIBLE FOR SAID 4. IF SIDEWALKS ARE REQUIRED BY APPROPRIATE CITY ORDINANCE, A SIDEWALK PERMIT MUST BE GRADE CHANGES OR GROUND ELEVATION ALTERATIONS. APPROVED BY TXDOT, PRIOR TO CONSTRUCTION WITHIN STATE RIGHT -OF -WAY. LOCATIONS OF 7. ACCORDING TO FLOOD INSURANCE RATE MAP, PANEL 48029CO455 G DATED 9- 29 -10, NO 3. SIDEWALKS WITHIN STATE RIGHT -OF -WAY SHALL BE DIRECTED BY TXDOT. PORTION OF HALLIES COVE SUBDIVISION, UNIT 1 IS LOCATED WITHIN THE 100 -YEAR FLOODPLAIN. THIS PLAT DOES NOT AMEND, ALTER, RELEASE OR OTHERWISE AFFECT ANY EXISTING ELECTRIC, GAS, WATER, SEWER, DRAINAGE, TELEPHONE, CABLE EASEMENTS OR ANY OTHER EASEMENTS FOR 5. ANY TRAFFIC CONTROL MEASURES (LEFT -TURN LANE, RIGHT -TURN LANE, SIGNAL, ETC.) FOR ANY UTILITIES UNLESS THE CHANGES TO SUCH EASEMENTS ARE DESCRIBED BELOW: ACCESS FRONTING A STATE MAINTAINED ROADWAY SHALL BE THE RESPONSIBILITY OF THE 4. CONCRETE DRIVEWAY APPROACHES ARE ALLOWED WITHIN THE FIVE (5) FOOT WIDE ELECTRIC AND DEVELOPER /OWNER. GAS EASEMENTS WHEN LOTS ARE SERVED ONLY BY REAR LOT UNDERGROUND ELECTRIC AND GAS FACILITIES. 5. ROOF OVERHANGS ARE ALLOWED WITHIN FIVE (5) FOOT WIDE ELECTRIC, GAS, TELEPHONE AND CABLE T.V. EASEMENTS WHEN ONLY UNDERGROUND ELECTRIC, GAS, TELEPHONE AND CABLE T.V. FACILITIES ARE PROPOSED OR EXISTING WITHIN THOSE FIVE (5) FOOT WIDE EASEMENTS. 32.0�� 3. 00 I CALLED 2.066 ACRES CALLED 14.285 ACRES ( of o°,Irn w r l (TRACT II) (TRACT 1) `•" M BLK 3 P°o U N P L A T T E D In ALAN SCHINDLER AND CORAL SCHINDLER ALAN SCHINDLER AND CORAL SCHINDLER zl LOT 5 a, REMAINING PORTION OF TRUSTEES FOR ALAN SCHINDLER AND TRUSTEES FOR ALAN SCHINDLER AND I m 51.82 AC CORAL SCHINDLER TRUST �a o CORAL SCHINDLER TRUST 7945 GARDEN OAKS °' I >3 V N L1 V' SAN 9ANTON 0 GARDEN TX. 78266 SAN ANTONIO, TX. 78266 w 100'1 VOL. 11320, PG. 494 OPRBCT VOL. 11320, PG. 494 OPRBCT HALLIE CO. 1 40' U N P L A T T E D UNPLATTED HAVEN N DETAIL A1A NOT TO SCALE LINE TABLE LEGEND: EGTTVE ELECTRIC, GAS, TELEPHONE, & L1 CABLE TELEVISION EASEMENT R RADIUS (i CENTERLINE ESM'T EASEMENT DPR DEED AND PLAT RECORDS OPRBCT OFFICIAL PUBLIC RECORDS OF L5 REAL PROPERTY VOL VOLUME PG PAGE VNAE VEHICULAR NON- ACCESS 50.00' EASEMENT 9 600 LOT SQUARE FOOTAGE GENERAL NOTES: CPS NOTES: TXDOT NOTES: 1. SET 1/2" IRON RODS AT ALL CORNERS UNLESS OTHERWISE NOTED. 1. THE CITY OF SAN ANTONIO AS PART OF ITS ELECTRIC AND GAS SYSTEM (CITY PUBLIC SERVICE 1. FOR RESIDENTIAL DEVELOPMENT DIRECTLY ADJACENT TO STATE RIGHT -OF -WAY, THE DEVELOPER WING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY BOARD) IS HEREBY DEDICATED THE EASEMENTS AND RIGHTS -OF -WAY FOR ELECTRIC AND GAS SHALL BE RE PONSI LE FOR ADEQUATE SETBACK AND /OR SOUND ABATEMENT MEASURES FOR 2. SELLING AND STATE LAW AND DI SUBJECTED TO FINES AND WITHHOLDING UTILITIES AND DISTRIBUTION AND SERVICE FACILITIES IN THE AREAS DESIGNATED ON THIS PLAT AS "ELECTRIC PERMITS. EASEMENT", GAS EASEMENT", ANCHOR EASEMENT", SERVICE EASEMENT", "OVERHANG EASEMENT", "UTILITY EASEMENT", AND "TRANSFORMER EASEMENT" FOR THE PURPOSE OF 2. OWNER/DEVELOPER IS RESPONSIBLE FOR PREVENTING ANY ADVERSE IMPACT TO THE EXISTING INSTALLING, CONSTRUCTING, RECONSTRUCTING, MAINTAINING, REMOVING, INSPECTING, PATROLLING DRAINAGE SYSTEM WITHIN THE HIGHWAY RIGHT -OF -WAY. FOR PROJECTS IN THE EDWARDS 3. BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH AND ERECTING POLES, HANGING OR BURYING WIRES, CABLES, CONDUITS, PIPELINES OR AQUIFER RECHARGE OR CONTRIBUTING ZONES, OUTFALLS FOR WATER QUALITY AND /OR DETENTION CENTRAL ZONE, NAD 83. TRANSFORMERS, EACH WITH ITS NECESSARY APPURTENANCES; TOGETHER WITH THE RIGHT OF PONDS TREATING IMPERVIOUS COVER RELATED TO THE DEVELOPMENT, WILL NOT ENCROACH BY 4. ALL OPEN SPACE, COMMON AREAS, GREENBELTS, DRAINAGE EASEMENTS OR OTHER AREAS INGRESS AND EGRESS OVER GRANTOR'S ADJACENT LAND, THE RIGHT TO RELOCATE SAID STRUCTURE OR GRADING INTO STATE ROW. PLACEMENT OF PERMANENT STRUCTURAL BEST IDENTIFIED AS PRIVATE SHALL BE THE RESPONSIBILITY OF THE OWNER OR OWNER'S SUCCESSORS FACILITIES WITHIN SAID EASEMENT AND RIGHT -OF -WAY AREAS, AND THE RIGHT TO REMOVE FROM MANAGEMENT PRACTICE DEVICES OR VEGETATIVE FILTER STRIPS WITHIN STATE ROW WILL NOT BE SAID LANDS ALL TREES OR PARTS THEREOF, OR OTHER OBSTRUCTIONS WHICH ENDANGER OR MAY ALLOWED. AND /OR ASSIGNS, PROVIDED SUCH SUCCESSOR OR ASSIGN IS APPROVED BY THE CITY. BLOCK INTERFERE WITH THE EFFICIENCY OF SAID LINES OR APPURTENANCES THERETO. IT IS AGREED AND LOT 1, BLOCK 3, LOT t AND BLOCK 4, LOT 1; ARE LANDSCAPE AND OR DRAINAGE LOTS TO BE E UNDERSTOOD THAT NO BUILDINGS, CONCRETE SLABS, OR WALLS WILL BE PLACED WITHIN SAID 3. MAXIMUM ACCESS POINTS TO STATE HIGHWAY FROM THIS PROPERTY WILL BE REGULATED AS OWNED AND MAINTAINED BY THE HOME OWNERS ASSOCIATION (HOA). EASEMENT AREAS. DIRECTED BY "ACCESS MANAGEMENT MANUAL ". THIS PROPERTY IS ELIGIBLE FOR A MAXIMUM COMBINED TOTAL OF TWO (2) ACCESS POINT ALONG FM 1518 BASED ON THE OVERALL PLATTED 5. ALL THE LOTS ARE TO BE UTILITY SERVICED FROM THE FRONT OF THE LOTS ADJACENT TO THE 2, ANY CPS ENERGY MONETARY LOSS RESULTING FROM MODIFICATIONS REQUIRED OF CPS HIGHWAY FRONTAGE OF 1,033.17'. STREETS. EQUIPMENT, LOCATED WITHIN SAID EASEMENT, DUE TO GRADE CHANGES OR GROUND ELEVATION 6. THE TOTAL NUMBER OF BUILDABLE LOTS IS 21 ALTERATIONS SHALL BE CHARGED TO THE PERSON OR PERSONS DEEMED RESPONSIBLE FOR SAID 4. IF SIDEWALKS ARE REQUIRED BY APPROPRIATE CITY ORDINANCE, A SIDEWALK PERMIT MUST BE GRADE CHANGES OR GROUND ELEVATION ALTERATIONS. APPROVED BY TXDOT, PRIOR TO CONSTRUCTION WITHIN STATE RIGHT -OF -WAY. LOCATIONS OF 7. ACCORDING TO FLOOD INSURANCE RATE MAP, PANEL 48029CO455 G DATED 9- 29 -10, NO 3. SIDEWALKS WITHIN STATE RIGHT -OF -WAY SHALL BE DIRECTED BY TXDOT. PORTION OF HALLIES COVE SUBDIVISION, UNIT 1 IS LOCATED WITHIN THE 100 -YEAR FLOODPLAIN. THIS PLAT DOES NOT AMEND, ALTER, RELEASE OR OTHERWISE AFFECT ANY EXISTING ELECTRIC, GAS, WATER, SEWER, DRAINAGE, TELEPHONE, CABLE EASEMENTS OR ANY OTHER EASEMENTS FOR 5. ANY TRAFFIC CONTROL MEASURES (LEFT -TURN LANE, RIGHT -TURN LANE, SIGNAL, ETC.) FOR ANY UTILITIES UNLESS THE CHANGES TO SUCH EASEMENTS ARE DESCRIBED BELOW: ACCESS FRONTING A STATE MAINTAINED ROADWAY SHALL BE THE RESPONSIBILITY OF THE 4. CONCRETE DRIVEWAY APPROACHES ARE ALLOWED WITHIN THE FIVE (5) FOOT WIDE ELECTRIC AND DEVELOPER /OWNER. GAS EASEMENTS WHEN LOTS ARE SERVED ONLY BY REAR LOT UNDERGROUND ELECTRIC AND GAS FACILITIES. 5. ROOF OVERHANGS ARE ALLOWED WITHIN FIVE (5) FOOT WIDE ELECTRIC, GAS, TELEPHONE AND CABLE T.V. EASEMENTS WHEN ONLY UNDERGROUND ELECTRIC, GAS, TELEPHONE AND CABLE T.V. FACILITIES ARE PROPOSED OR EXISTING WITHIN THOSE FIVE (5) FOOT WIDE EASEMENTS. 32.0�� 3. 00 I CALLED 2.066 ACRES CALLED 14.285 ACRES ( of o°,Irn w r l (TRACT II) (TRACT 1) `•" M BLK 3 P°o U N P L A T T E D In ALAN SCHINDLER AND CORAL SCHINDLER ALAN SCHINDLER AND CORAL SCHINDLER zl LOT 5 a, REMAINING PORTION OF TRUSTEES FOR ALAN SCHINDLER AND TRUSTEES FOR ALAN SCHINDLER AND I m 51.82 AC CORAL SCHINDLER TRUST �a o CORAL SCHINDLER TRUST 7945 GARDEN OAKS °' I >3 V N L1 V' SAN 9ANTON 0 GARDEN TX. 78266 SAN ANTONIO, TX. 78266 w 100'1 VOL. 11320, PG. 494 OPRBCT VOL. 11320, PG. 494 OPRBCT HALLIE CO. 1 40' U N P L A T T E D UNPLATTED HAVEN N DETAIL A1A NOT TO SCALE LINE TABLE LINE LENGTH BEARING L1 0.98' N59.31'00 "E L2 26.95' N59.31.00 "E L3 49.50' N75'29'00 'W L4 49.50' N14.31'00 "E L5 49.50' N75.29'00 "W L6 49.50' N14.31'00 "E CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH TANGENT Cl 23.56' 15.00' 90'00'00" N14'31'00 "E 21.21' 15.00' C2 18.28' 30.00' 34.54'25" N47.56'13 "W 18.00' 9.43' C3 139.46' 50.00' 59.48'50 S14'31'00 "W 98.45' 280.90' C4 18.28' 30.00' 34.54'25" N76.58'12 "E 18.00' 9.43' C5 39.27' 25.00' 90.00'00" S1 4.31'00 "W 35.36' 25.00' C6 39.27' 25.00' 90'00'00" S75'29'00 "E 35.36' 25.00' C7 18.28' 30.00' 34.54.25' S42.03.47 "W 18.00' 9.43' C8 139.46' 50.00' 59'48'50 S75'29'00 "E 98.45' 280.90' C9 18.28' 30.00' 34.54.25" N13.01'48 "W 18.00' 9.43' C10 23.56' 15.00' 90'00'00" N75.29'00 "W 21.21' 15.00' C11 23.56' 15.00' 90.00'00" N14.31'00 "E 21.21' 15.00' C12 23.56' 15.00' 90'00'00" N75'29'00 "W 21.21' 15.00' THIS PROPOSED DEVELOPMENT HAS BEEN REVIEWED AND APPROVED BY THE CIBOLO CREEK MUNICIPAL AUTHORITY (CCMA) FOR WASTEWATER TREATMENT PLANT CAPACITY AND EASEMENTS. ALL FEES DUE FOR IMPACT TO THE SYSTEM AT TIME OF CONNECTION WILL BE CALCULATED AT SUBMITAL OF BUILDING PERMIT APPLICATION. AGENT FOR CIBOLO CREEK MUNICIPAL AUTHORITY 4INNCDSmuery ENGINEERS - SURVEYORS 3411 MAGIC DRIVE SAN ANTONIO TEXAS•(210)58 ' -I i I I ^T6PE NO F- 1733^ i BPL5 NO 100495 -00 STATE OF TEXAS COUNTY OF BEXAR 1, THE UNDERSIGNED, A REGISTERED PROFESSIONAL ENGINEER IN THE STATE OF TEXAS, HEREBY CERTIFY THAT PROPER ENGINEERING CONSIDERATION HAS BEEN GIVEN THIS PLAT. REGISTERED PROFESSIONAL ENGINEER STATE OF TEXAS COUNTY OF BEXAR 1, THE UNDERSIGNED, A REGISTERED PUBLIC SURVEYOR IN THE STATE OF TEXAS, HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY MADE UNDER MY SUPERVISION ON THE GROUND. REGISTERED PROFESSIONAL LAND SURVEYOR to M I SEE DETAIL "2" � I I z l Z u1 H LLI z ° woLb 0) c� wU¢� Z� 4i ,�>< , . L ¢ Li Z a � o ¢wz N Z .OM= LOOP V � D_MfnJ °^ O z z� 0� 0 W N ° � <U) >W� ¢CC m0 rn - JV yz d¢ W C2Z� zm0w¢� �o° 0 0 Of ul ao InwI> 0 N ¢ K) z00 U N P L A T T E D 1.631 ACRE TRACT JAMIL A SAYFI 8632 FREDERICKSBURG SAN ANTONIO, TX. 78240 VOL. 7287, PG. 1361 D.R. - - - - N5929'32 "E 379.02' II I I V) O 2 ?> ;�0+ 74.83' 129.20' 6s.00 a ARROW }T \ 5' E.G.T.TV.E. (� 4 SANITARY SEWER, DRAINAGE & 1_10' N 13728901.24 w N59- 3100 "E 00 TURNAROUND ESM'T. E 2214172.40 �� E.G.T.TV.E. ys� \ BLOCK 0 3 " W o N �, C5 EE DETAIL "1" zw m �3 gps \ 11 144 N z N 10 209 0 V) ^ - LANDSCAPE r I� a wz M >a �y� VNAE L1 l \\ w' N0 N y 54.40'- (I 10' E.G.T.TV.E. r � N I � � 0 y� °� �� ro c4 65.00' I � U' ni ° HALLIE I N 'cc _ --- - -� -�� _HAVEN., L. �..� O N59.31'00 "E o N59'31'00 "E 105.92'% 10.61' 10 I F" N59- 31'00 "E ,w 3 1- LL! 'o cn w I} II 95.00' _ �1, E.G.T.TV.E. \ w ( w M I ^ 0 ^ 50' ( I6 o f0 O \ o z'1 3 \ 10' E.G.T.TV.E. 25' 25' of M ° l' VNAE 4 1 tO o 0 - - HALLIE BROOK O _ N5931'00 "E I w 35.00' 105.00' _ v`Ot' VNAE II I I V) O 2 ?> ;�0+ VARIABLE WIDTH E.G.T.TV., WATER, w o HALLIE ARROW P � MIM z I ► 32.00' R SANITARY SEWER, DRAINAGE & 1_10' I N59- 3100 "E 00 TURNAROUND ESM'T. rz� U oFa E.G.T.TV.E. 105.00t o 6I o N N O X35-020' VNAE w' N0 N59.31'00 "E (I 10' E.G.T.TV.E. o cr I w I ( 1- o N O M I � U' ni 10' E.G.T.TV.E.� w I o m of N O o O �..� O N59.31'00 "E o ao II z i2Q.00' w O I I W M Z ( L - - - - wz I `� ( I6 o �I 00 O LLI O wZ lis, o ° w o U N PLATTED REMAINING PORTION OF m Z ZII m r V_ o O col n H Tn�w 0] ° I M N59'31'00 "E TRIPLE H DEVELOPMENT 120.00' ( 0 I 3 N 7Q' II �- N59'31'00 "E o I M E D1FCE3R o 0) z C� 0� I o o M � Iu wm I z I I `Ow a II N59'31'00 "E J too' N59.31'00 "E �La I 120.00' u°S I 40' 60' 120.00' W �s - (W-0 1T VNAE - j HALLIE BROOK O _ N5931'00 "E I w 35.00' 105.00' _ v`Ot' VNAE S °ol co O I , 10' E.G.T.TV.E. 50' n Mo 5. ui C (° N e� o ` 10' E.G.T.TV.E.� <^ o 80' rn c� 10.61' L2 ° 40' - 40' ( 1` I , v 128.69' w Q- =)00 I ( ° v N59.31'00 "E N HALLIE v, N I 106.02' CHASE N F <- 3 to' E.G.T.TV.E.- -' 0� �- �°n ¢V N w w I II Or 5 m N59'31'00 "E aw¢w0oa ,N, t- m -.80 ( \ C CL 0, 12 r•Mi ( O m ZN�NQN 3 N'r 0. _z -m 6p.333: 12.23' '(12 70' OM z0 LANDSCAPE vrni ¢wZll' d 6.05' 3 N> I I 4 / 11 000 o a, 9 604 4 fv SEE DETAIL "S' N I 1 BLOCK 4 I (� I I 5' E.G.T.TV.E. - = 70- 0' 51.05' 138.44' 80.65' - 595230 "W 440.65' i 5' E.G.T.TV.E. U N P L A T T E D ow 1.021 ACRE TRACT ° m � z COUNTRY VILLAGE ESTATES ,,,1 � g F) � 0 RR 1 BOX 226J, CONVERSE, TX. 78109 F- a 3 _ GO o I VOL. 8165, PG. 717 OPRBCT F- F-0� w ¢how 0 J V Y w N ct oa'owa Z N a to U V o m 0 z N 80.50' \ / vi oi 9 637 0 w 6 �; ° A v; °i °o o ^ a' N M N 13728039.63 m,-"---E 2214751.09 U N P L A TT E D 25.00 AC TRIPLE H DEVELOPMENT 15720 BANDERA RD, SUITE #103 HELOTES, TEXAS 78203 (VOL 18123, PGS 1006 -1009 OPR) I I DETAIL `2` SCALE: 1"=50' I ( II I I V) O 2 ?> ;�0+ VARIABLE WIDTH E.G.T.TV., WATER, w N59'31'00 "E P � MIM z I ► 32.00' R SANITARY SEWER, DRAINAGE & 1_10' 120.00' TURNAROUND ESM'T. E.G.T.TV.E. VOL PG , D.R. o 6I o N N O DOC III I N59.31'00 "E i 20.00' � w m of N O o O o ao w O Z ( L - - - - iN t0 ~ N59'3VOO "E 50' 0l ° 120.00' N ° y $ d 0 o ° w o U N PLATTED REMAINING PORTION OF 25' 1 25 co o O ro 61.86 AC 0] TRIPLE H DEVELOPMENT 0 15720 BANDERA RD, SUITE #103 N59'31'00 "E HELOTES, TEXAS 78203 120.00' (VOL 18124, PGS 2283 -2292 OPR) C� o o ro JI J N59.31'00 "E = 120.00' W I w J °ol °o Q No° (° oo o w aoo 120.00' N59- 31.00 "E .I of ml 0 0 o ° VARIABLE WIDTH E.G.T.TV., WATER, SANITARY SEWER, DRAINAGE & 4� N59'31'00 "E TURNAROUND ESM'T. z VOL PG D.R. 120.00' -x-10' E.G.T.TV.E. DOC # S °ol co O I , 10' E.G.T.TV.E. 50' n Mo 5. ui C (° N e� o ` 10' E.G.T.TV.E.� <^ o 80' rn c� 10.61' L2 ° 40' - 40' ( 1` I , v 128.69' w Q- =)00 I ( ° v N59.31'00 "E N HALLIE v, N I 106.02' CHASE N F <- 3 to' E.G.T.TV.E.- -' 0� �- �°n ¢V N w w I II Or 5 m N59'31'00 "E aw¢w0oa ,N, t- m -.80 ( \ C CL 0, 12 r•Mi ( O m ZN�NQN 3 N'r 0. _z -m 6p.333: 12.23' '(12 70' OM z0 LANDSCAPE vrni ¢wZll' d 6.05' 3 N> I I 4 / 11 000 o a, 9 604 4 fv SEE DETAIL "S' N I 1 BLOCK 4 I (� I I 5' E.G.T.TV.E. - = 70- 0' 51.05' 138.44' 80.65' - 595230 "W 440.65' i 5' E.G.T.TV.E. U N P L A T T E D ow 1.021 ACRE TRACT ° m � z COUNTRY VILLAGE ESTATES ,,,1 � g F) � 0 RR 1 BOX 226J, CONVERSE, TX. 78109 F- a 3 _ GO o I VOL. 8165, PG. 717 OPRBCT F- F-0� w ¢how 0 J V Y w N ct oa'owa Z N a to U V o m 0 z N 80.50' \ / vi oi 9 637 0 w 6 �; ° A v; °i °o o ^ a' N M N 13728039.63 m,-"---E 2214751.09 U N P L A TT E D 25.00 AC TRIPLE H DEVELOPMENT 15720 BANDERA RD, SUITE #103 HELOTES, TEXAS 78203 (VOL 18123, PGS 1006 -1009 OPR) I I DETAIL `2` SCALE: 1"=50' I ( II I I V) O 2 ?> ;�0+ w Ob P � MIM z I ► 32.00' R I - DETAIL "T SCALE: 1 " =50' STATE OF TEXAS § COUNTY OF BEXAR § THE OWNER OF LAND SHOWN ON THIS PLAT, IN PERSON OR THROUGH A DULY AUTHORIZED AGENT, DEDICATES TO THE PUBLIC, EXCEPT AREAS IDENTIFIED AS PRIVATE, FOREVER ALL STREETS, ALLEYS, PARKS, WATERCOURSES, DRAINS EASEMENTS AND PUBLIC PLACES THEREON SHOWN FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED. OWNER: HARRY HAUSMAN STATE OF TEXAS § COUNTY OF BEXAR § BEFORE ME, THE UNDERSIGNED AUTHORITY ON THIS DAY PERSONALLY APPEARED HARRY HAUSMAN KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR PURPOSES AND CONSIDERATIONS THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF 2016 NOTARY PUBLIC BEXAR COUNTY, TEXAS 100 0 50 100 SCALE: 1" = 100' JOB No. 117005.00 DRAWN BY PRG DEVELOPER /OWNER= TRIPLE H DEVELOPMENT, L.L.C. 15720 BANDERA RD., SUITE #103 HELOTES, TEXAS 78023 (210) 695 -5490 STATE OF TEXAS § COUNTY OF BEXAR § 1, THE UNDERSIGNED, CITY ENGINEER OF THE CITY OF SCHERTZ HEREBY CERTIFIES THAT THIS SUBDIVISION PLAT CONFORMS TO ALL REQUIREMENTS OF THE SUBDIVISION REGULATIONS OF THE CITY AS TO WHICH THIS APPROVAL IS REQUIRED. DATED THIS DAY OF , A.D. CITY ENGINEER STATE OF TEXAS § COUNTY OF BEXAR § THIS PLAT OF HALLIES COVE SUBDIVISION UNIT 1 HAS BEEN SUBMITTED TO AND CONSIDERED BY THE CITY PLANNING & ZONING COMMISSION OF THE CITY OF SCHERTZ, TEXAS AND IS HEREBY APPROVED BY SUCH COMMISSION. DATED THIS DAY OF , A.D. BY BY SECRETARY CHAIRMAN STATE OF TEXAS § COUNTY OF BEXAR § 1, . COUNTY CLERK OF SAID COUNTY, DO HEREBY CERTIFY THAT THIS PLAT WAS FILED FOR RECORD IN MY OFFICE ON THE DAY OF A.D. 20_ AT M AND DULY RECORDED THE DAY OF A.D. 20_ AT M IN THE RECORDS OF COUNTY, IN THE BOOK VOLUME PAGE IN TESTIMONY WHEREOF, WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE, THIS DAY OF A.D. COUNTY CLERK, BY: COUNTY, TEXAS 3 LANDSCAPE BUFFER LOTS 21 RESIDENTIAL LOTS "FINAL" SUBDIVISION PLAT ESTABLISHING HALLIES COVE SUBDIVISION UNIT 1 BEING A TOTAL OF 9.295 ACRES OF LAND SITUATED IN THE ELIGIO GORTARO SURVEY, ABSTRACT 5, CITY OF SCHERTZ, BEXAR COUNTY, TEXAS, AND OUT OF A 61.86 ACRE TRACT OF LAND AS RECORDED IN VOLUME 18124, PAGES 2283 -2292, DEED RECORDS, BEXAR COUNTY, TEXAS. PREPARATION DATE: 09 -24 -16 SHEET 1 OF 1 • TO: Planning and Zoning Commission CASE: PC2017 -037 Hallies Cove Unit 2 - Final Plat SUBJECT: Consider and act upon a request for approval of a final plat for Unit 2 of the Hallies Cove subdivision, an approximate 9 acre tract of land generally located east of FM 1518 approximately 1,375 feet south of Trainer Hale Road, Bexar County, Texas. Owners: Triple H Development, LLC Applicant: Andy Rodriguez, P.E., CDS Muery APPLICATION SUBMITTAL DATE: August 11, 2017 (Original Application) September 5, 2017 (Revised Submittal) BACKGROUND: The Hallies Cove Planned Development District (PDD) was approved by City Council on September 27, 2016 (Ordinance 16- S -32). The applicant requested to amend the Hallies Cove PDD in order to modify the minimum required lot depth and the method of measuring lot depths for irregular lots, lots fronting cul -de -sacs or knuckled and /or curved streets. The PDD amendment was approved on January 24, 2017 (Ordinance 17 -S- 04). The preliminary plat for Hallies Cove Unit 2 was approved on February 7, 2017. ITEM SUMMARY: The applicant is proposing to final plat approximately 9 acres of land establishing 26 single family residential lots with a minimum lot size of 9,600 square feet as dictated by the Planned Development District development standards in Ordinance 17 -S -04. 9,600 1 80 1 119a a. Lot depth, measured along side property lines, for irregular lots, lots fronting cul -du- sacs or knuckles and curved streets, may vary in length provided that the average length of the two (2) side lot lines shall not be less than one hundred (100) feet. The site is zoned Planned Development District (PDD). This final plat was reviewed using the PDD Ordinance 17 -S -04 development standards and the current UDC, Ordinance 11 -S -15 as amended. GENERAL LOCATION AND SITE DESCRIPTION: The subject property is currently undeveloped and is located east of FM 1518 approximately 1,400 feet south Trainer Hale Road, and immediately east of the proposed Unit 1 of the Hallies Cove Subdivision. ACCESS AND CIRCULATION: The UDC, Article 14, requires that all residential subdivisions have a minimum of two (2) locations accessing existing public streets. This unit is designed to have two (2) points of access that connect to two streets within Unit 1, Hallie Haven and Hallie Chase. The plat for Unit 2 includes four off -site temporary turnaround easements that will be required until such time that the streets are extended with recordation of the final plats for Units 3 and 4. The temporary turnaround easements ensure compliance with UDC Section 21.14.1.E, which prohibits dead -end streets. TREE MITIGATION AND PRESERVATION: The applicant is responsible for complying with the Unified Development Code (UDC), Section 21.9.9 Tree Preservation and Mitigation. The applicant has submitted a tree affidavit which indicates that the site has no protected or heritage trees within Unit 2. PARKS: The Hallies Cove Master Development Plan includes approximately 36 acres of land that is proposed as dedicated public parkland. There is an approximate 24 acre lot located along the northerly portion of the Hallies Cove Master Development Plan (MDP) and an approximate 12 acre lot located along the southerly portion of the Hallies Cove MDP. The Hallies Cove MDP was reviewed by the Parks and Recreation Advisory Board and approved as part of the PDD Ordinance 16 -S -32. The open space and parkland amenities will include passive hike and bike trails and may also include other passive amenities in the northern parkland area, such as playing fields, and barbeque and picnic tables. The developer is currently working with the Parks, Recreation, and Community Services Department to identify appropriate improvements. No parkland is being dedicated with this plat. PUBLIC SERVICES: The site would be serviced by Schertz water, CPS, AT &T, and Time Warner Cable. Sewer will ultimately be serviced by City of Schertz and treated by Cibolo Creek Municipal Authority (CCMA) once the sewer lines to the future waste water treatment plant in southern Schertz are constructed. In the interim, the applicant has proposed to pump and haul wastewater. The pump and haul plan was recently approved by City Council on August 22, 2017. PUBLIC IMPROVEMENTS: All public improvements required for this subdivision are required to be installed prior to recording of the final plat per UDC, Section 21.4.15, unless otherwise specified in an approved development agreement. The civil construction plans were reviewed and approved by the Public Works and Engineering Departments. Water and Sewer: The site will be serviced through 8" water lines and 8" sewer lines that will be extended throughout the subdivision and stubbed for future development. Sewer service will ultimately be provided by the City and treated by CCMA, who holds the certificate of Convenience and Necessity (CCN) for this site, once the sewer lines to the future waste water treatment plant in southern Schertz are constructed. In the interim, the applicant plans to contract with a licensed third party to pump and haul wastewater for treatment. A pump and haul plan was submitted to the City for review and approved by City Council on August 22, 2017. A copy of an executed service agreement will need to be provided to the City prior to recordation of the final plat. Water service will be provide by the City of Schertz. Drainage: The applicant is responsible for all drainage associated with the subject property, and for compliance with the storm water regulations. A stormwater management plan was submitted for the Hallies Cove Master Development Plan, along with subsequent stormwater management plans for Units 1 and 2. The plans have been reviewed and approved by the City Engineer. The stormwater management plan indicates that stormwater detention will not be required and flows will be discharged directly into Woman Hollering Creek. N Temporary off -site drainage easements have been included in the final plat for Unit 2, and those easements will be abandoned once Units 3 and 4 are recorded. Sidewalks Hike and Bike Trails: Sidewalks will be constructed along both sides of the streets throughout the subdivision. All sidewalks will be designed to meet City of Schertz Specifications. Road Improvements: All streets within this Unit will be developed to City of Schertz specifications. STAFF ANALYSIS AND RECOMMENDATION: The final plat has been reviewed with no objections by the City Engineer, Public Works, Parks, Inspections, Fire and Police. The plat is consistent with all applicable zoning requirements, ordinances, and regulations. Staff recommends approval of the final plat. Planning Department Recommendation X Approve as submitted Approve with conditions* Denial * While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC. COMMISSIONERS CRITERIA FOR CONSIDERATION: The Planning and Zoning Commission is the final approval authority of the proposed final plat. In considering final action on a final plat, the Commission should consider the criteria within UDC, Section 21.12.10.D. Attachments: Aerial Map Exhibit \ Opp GENERAL NOTES: 1. SET 1/2" IRON RODS AT ALL CORNERS UNLESS OTHERWISE NOTED. 2. SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY ORDINANCES AND STATE LAW AND IS SUBJECTED TO FINES AND WITHHOLDING OF UTILITIES AND PERMITS. 3. BEARINGS SHOWN HEREON ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, NAD 83. 4. ALL OPEN SPACE, COMMON AREAS, GREENBELTS, DRAINAGE EASEMENTS OR OTHER AREAS IDENTIFIED AS PRIVATE SHALL BE THE RESPONSIBILITY OF THE OWNER OR OWNER'S SUCCESSORS 151 AND /OR ASSIGNS. i 5. ALL THE LOTS ARE TO BE UTILITY SERVICED FROM THE FRONT OF THE LOTS ADJACENT TO THE STREETS. i SITE �� 6. THE TOTAL NUMBER OF BUILDABLE LOTS IS 26. 7. ACCORDING TO FLOOD INSURANCE RATE MAP, PANEL 48029CO455 G DATED 9- 29 -10, NO _ PORTION OF HALLIES COVE SUBDIVISION, UNIT 2 IS LOCATED WITHIN THE 100 -YEAR FLOODPLAIN. LOCATION MAP (NOT TO SCALE) t NORTH ..... ............................... LINE TABLE LEGEND: EGTTVE ELECTRIC, GAS, TELEPHONE, & L1 CABLE TELEVISION EASEMENT R RADIUS q CENTERLINE ESM'T EASEMENT DPR DEED AND PLAT RECORDS OPRBCT OFFICIAL PUBLIC RECORDS OF L5 REAL PROPERTY VOL VOLUME PG PAGE VNAE VEHICULAR NON- ACCESS 1 S59'31'00 "W EASEMENT 9 600 LOT SQUARE FOOTAGE t NORTH ..... ............................... LINE TABLE LINE LENGTH BEARING L1 24.71' S59'31'00 "W L2 7.00' N59'31'00 "E L3 25.00' N30'29'00 "W L4 40.02' S59'52'30 "W L5 26.95' S59'31'00 "W L6 101.74' N49'49'09 "W L7 0.98' 1 S59'31'00 "W CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH TANGENT C1 52.45' 575.00' 513'36" N42'34'01 "W 52.43' 26.24' C2 18.28' 30.00' 34.54'25" N42'03'47 "E 18.00' 9.43' C3 139.46' 50.00' 59.48'50 N75'29'00 "W 98.45' 280.90' C4 18.28' 30.00' 34'54'25" 513'01'48 "E 18.00' 9.43' C5 15.71' 10.00' 90.00'00" S75'29'00 "E 14.14' 10.00' C6 16.01' 10.00' 91'43'42" S1 3'39'09 "W 14.35' 10.31' C7 135.36' 475.00' 16"19'41" 540.22'33 "E 134.91' 68.14' C8 12.56' 10.00' 71'56'37" S84'30'42 "E 11.75' 7.26' C9 15.71' 10.00' 90.00'00" 514.31'00 "W 14.14' 10.00' C10 15.71' 10.00' 90'00'00" N75'29'00 "W 14.14' 19.85' C11 27.71' 15.00' 05'49'57' 56'36'01 "W 23.93' 13.37' C12 77.73' 625.00' 7'07.33" N42'45'10 "W 77.68' 38.92' C13 34.83' 575.00' 3'28'15' N46'54'56'W 34.83' 17.42' C14 18.81' 15.00' 71'49'56" N84'34'02 "W 17.60' 10.86' C15 28.29' 15.00' 08'03'23' N5'29'18 "E 24.28' 20.67' C16 165.45' 525.00' 18'03'23" S3930'42 "E 164.77' 83.42' C17 39.27' 25.00' 90'00'00" N75'29'00 "W 35.36' 25.00' C18 157.57' 1 500.00' 18'03'23" 539.30'42 "E 1 156.92' 79.44' C19 94.08' 1 600.00' 1 8'59.03" 1 N44'02'52 "W 1 93.99' 47.14' N 13728901.24 E 2214172.40 N59'29'32 "E CPS NOTES: 2. ANY CPS ENERGY MONETARY LOSS RESULTING FROM MODIFICATIONS REQUIRED OF CPS 1. THE CITY OF SAN ANTONIO AS PART OF ITS ELECTRIC AND GAS SYSTEM (CITY PUBLIC SERVICE EQUIPMENT, LOCATED WITHIN SAID EASEMENT, DUE TO GRADE CHANGES OR GROUND ELEVATION BOARD) IS HEREBY DEDICATED THE EASEMENTS AND RIGHTS -OF -WAY FOR ELECTRIC AND GAS ALTERATIONS SHALL BE CHARGED TO THE PERSON OR PERSONS DEEMED RESPONSIBLE FOR SAID DISTRIBUTION AND SERVICE FACILITIES IN THE AREAS DESIGNATED ON THIS PLAT AS "ELECTRIC GRADE CHANGES OR GROUND ELEVATION ALTERATIONS. EASEMENT", "GAS EASEMENT", "ANCHOR EASEMENT", "SERVICE EASEMENT", "OVERHANG EASEMENT', "UTILITY EASEMENT", AND "TRANSFORMER EASEMENT" FOR THE PURPOSE OF 3. THIS PLAT DOES NOT AMEND, ALTER, RELEASE OR OTHERWISE AFFECT ANY EXISTING ELECTRIC, INSTALLING, CONSTRUCTING, RECONSTRUCTING, MAINTAINING, REMOVING, INSPECTING, PATROLLING, GAS, WATER, SEWER, DRAINAGE, TELEPHONE, CABLE EASEMENTS OR ANY OTHER EASEMENTS FOR AND ERECTING POLES, HANGING OR BURYING WIRES, CABLES, CONDUITS, PIPELINES OR UTILITIES UNLESS THE CHANGES TO SUCH EASEMENTS ARE DESCRIBED BELOW: TRANSFORMERS, EACH WITH ITS NECESSARY APPURTENANCES: TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS OVER GRANTOR'S ADJACENT LAND, THE RIGHT TO RELOCATE SAID 4. CONCRETE DRIVEWAY APPROACHES ARE ALLOWED WITHIN THE FIVE (5) FOOT WIDE ELECTRIC AND FACILITIES WITHIN SAID EASEMENT AND RIGHT -OF -WAY AREAS, AND THE RIGHT TO REMOVE FROM GAS EASEMENTS WHEN LOTS ARE SERVED ONLY BY REAR LOT UNDERGROUND ELECTRIC AND GAS SAID LANDS ALL TREES OR PARTS THEREOF, OR OTHER OBSTRUCTIONS WHICH ENDANGER OR MAY FACILITIES. INTERFERE WITH THE EFFICIENCY OF SAID LINES OR APPURTENANCES THERETO. IT IS AGREED AND UNDERSTOOD THAT NO BUILDINGS, CONCRETE SLABS, OR WALLS WILL BE PLACED WITHIN SAID 5. ROOF OVERHANGS ARE ALLOWED WITHIN FIVE (5) FOOT WIDE ELECTRIC, GAS, TELEPHONE AND EASEMENT AREAS. CABLE T.V. EASEMENTS WHEN ONLY UNDERGROUND ELECTRIC, GAS, TELEPHONE AND CABLE T.V. FACILITIES ARE PROPOSED OR EXISTING WITHIN THOSE FIVE (5) FOOT WIDE EASEMENTS. 290.98' CALLED 14.285 ACRES (TRACT 1) ALAN SCHINDLER AND CORAL SCHINDLER TRUSTEES FOR ALAN SCHINDLER AND CORAL SCHINDLER TRUST 7945 GARDEN OAKS SAN ANTONIO, TX. 78266 VOL. 11320, PG. 494 OPRBCT U N P L A T T E D THIS PROPOSED DEVELOPMENT HAS BEEN REVIEWED AND APPROVED BY THE CIBOLO CREEK MUNICIPAL AUTHORITY (CCMA) FOR WASTEWATER TREATMENT PLANT CAPACITY AND EASEMENTS. ALL FEES DUE FOR IMPACT TO THE SYSTEM AT TIME OF CONNECTION WILL BE CALCULATED AT SUBMITAL OF BUILDING PERMIT APPLICATION. AGENT FOR CIBOLO CREEK MUNICIPAL AUTHORITY ENGINEERS 4I%CDSmuery 341 I MAGIC. DRIVE SAN ANTONIO TEXAS° (216)5£1I -I I I I ^TBPE NO F- 1733,TBPLS NO 106495 -66 CDS Muery F -1733 85.00' 120.79' STATE OF TEXAS COUNTY OF BEXAR 85.19' 1, THE UNDERSIGNED, A REGISTERED PUBLIC SURVEYOR IN THE STATE OF TEXAS, HEREBY i * : •' '•.: * j, 1, THE UNDERSIGNED, A REGISTERED PROFESSIONAL ENGINEER IN p 5609 v,• 19IV THE STATE OF TEXAS, HEREBY CERTIFY THAT PROPER ENGINEERING �• ............. CONSIDERATION HAS BEEN GIVEN THIS PLAT. KENNETH ROTHE 00 L+1 3 ,. F Q- III,�ff ` O O6�1459 �o0 `i s f . N =� REGISTERED PROFESSIONAL ENGINEER ONA \N. o BLOCK po - I N. M3 N o �iaS c4 °� 6 10 648 N O � LLI I Z o 10212 Z o D o r L7 4.59. -� 51.68 0 1.. _ 85.00' (m 120.00' 1 � HALLIE GZ d o �. N59'31'00 "E HAL IL 0 -o N HAVEN R �10' E.G.T.TV.E. FIVE d N59'31'00 "E z ' N5931'00 "E N 10.61' 01 105.61' SEE DETAIL "1 95.00' _ � M a 16 C G2.T.T, EM. 10' E.G.T.TV.E. l U m CA °• uD O M) (o rn m ODD ° ( O (fl (o M�-10' E.G.T.TV.E. N o° N °. I° ( N59'31'00 "E N �p 0 120.00' N591 1'00 "E 120.00` 110.00' 10' E.G.T.TV.E.-I $I a0 i O °o ° HAL LI E AW N N o o ^0 ( m 50' ID m o 25' 25' ( N59'31'00 "E m THIS PROPOSED DEVELOPMENT HAS BEEN REVIEWED AND APPROVED BY THE CIBOLO CREEK MUNICIPAL AUTHORITY (CCMA) FOR WASTEWATER TREATMENT PLANT CAPACITY AND EASEMENTS. ALL FEES DUE FOR IMPACT TO THE SYSTEM AT TIME OF CONNECTION WILL BE CALCULATED AT SUBMITAL OF BUILDING PERMIT APPLICATION. AGENT FOR CIBOLO CREEK MUNICIPAL AUTHORITY ENGINEERS 4I%CDSmuery 341 I MAGIC. DRIVE SAN ANTONIO TEXAS° (216)5£1I -I I I I ^TBPE NO F- 1733,TBPLS NO 106495 -66 CDS Muery F -1733 STATE OF TEXAS OF TF9fff STATE OF TEXAS COUNTY OF BEXAR �P�E 1, THE UNDERSIGNED, A REGISTERED PUBLIC SURVEYOR IN THE STATE OF TEXAS, HEREBY i * : •' '•.: * j, 1, THE UNDERSIGNED, A REGISTERED PROFESSIONAL ENGINEER IN p 5609 v,• 19IV THE STATE OF TEXAS, HEREBY CERTIFY THAT PROPER ENGINEERING �• ............. CONSIDERATION HAS BEEN GIVEN THIS PLAT. KENNETH ROTHE 00 REGISTERED PROFESSIONAL LAND SURVEYOR ,. F Q- III,�ff ` 2 O6�1459 �o0 `i s f . N =� REGISTERED PROFESSIONAL ENGINEER ONA \N. o BLOCK po - G S£R; W STATE OF TEXAS F . COUNTY OF BEXAR ..... .. ............ . :.... 1, THE UNDERSIGNED, A REGISTERED PUBLIC SURVEYOR IN THE STATE OF TEXAS, HEREBY DARRYL L. ZERCHER CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND WAS PREPARED FROM AN ACTUAL p 5609 v,• 19IV SURVEY OF THE PROPERTY MADE UNDER MY SUPERVISION ON THE GROUND. s..... 1 i n REGISTERED PROFESSIONAL LAND SURVEYOR 10 10' E,(1.T.TV,(2. -° .... 11'00 "E 24.21' "d d ' o m ai O W i ° " N59'31'00 "E 120.00' o o p r I. 0. O 3 O W o J Q 120.00 ( 0 i oo � ao O' N59'31'00 "E 120.00' N M N Y 0 U ° O m N59'31'00 "E 1 i N 120.00' 2 cl� p ° N o \N. o BLOCK po - I N. NOT TO SCALE 00 o 00 O ° U I o D o N59'31'00 "E 0 N m (m 120.00' U _ ... o N59'31'00 "E �10' E.G.T.TV.E. U) o z ( 120.00' F ( o' F o O M) ODD ° ( o ° N o° N °. (o° ( 10' E.G.T.TV.E. 0 In 110.00' "E ( HAL LI E AW N N N59'31'00 120.00' n N59'31'00 "E o $ 21.97' 6 ° - 8s07' _L1 r Lo to w 0 , W Ld 123.80' N59'31'00 "E ' 10 735 o .00 p ... .. w NN Y� rn ' n1 t 0 M LO o d O� O �` o N59'31'00 "E 10' E.G.T.N.E.--\ e, 78.81' 45.00' 10 10' E,(1.T.TV,(2. -° .... 11'00 "E 24.21' 1.30' 1 39 5.' BLK 3 o o .o N N59'31'00 "E - - 1x-10' E.G.T.TV.E. , u) - N oiR f 2 O 1 i 10' E.G.T.TV.E. \ 3- 3 2 cl� p \P tO�E.G.T.TV.E. \N. o BLOCK po - N. L5 ai.Ua BLK 3 o o .o N N59'31'00 "E - - I LLI IA L ,o , u) - N oiR f tp 117_13' 1 i 10' E.G.T.TV.E. \ 3- 3 10' E.G.T.TV.E.�''"� cl� p � 7 12 797 co ti o BLOCK po 4 �t�N DETAIL '1' NOT TO SCALE U N P L A T T E D REMAINING PORTION OF 61.86 AC TRIPLE H DEVELOPMENT 15720 BANDERA RD, SUITE #103 HELOTES, TEXAS 78203 (VOL 18124, PGS 2283 -2292 OPR) 10T6►4M 3 BLK 3 o BILK 3 LOT 5 •oo� LOT 6 N O V) 85.00' L7 3 0 N HALLIE 0 HAVEN PO Z DETAIL '1' NOT TO SCALE VARIABLE WIDTH E.G.T.TV., WATER, SANTARY SEWER, DRAINAGE & TURNAROUND ESM'T. VOL PG , D.R. DOC / U N P LA TT E D REMAINING PORTION OF 61.86 AC / TRIPLE H DEVELOPMENT N59'31'00 "E 10 00 21- 10 zoo \�---- ' ---- - -- 78.08 85.00' 85.0( 8 M HALLIE CHASE - �- L4 1.021 ACRE TRACT COUNTRY VILLAGE ESTATES RR 1 BOX 226J, CONVERSE, TX. 78109 VOL. 8165, PG. 717 OPRBCT U N P L A T T E D ' 3.899 ACRE TRACT 1 A. SAYF 8632 FREDER CIKSBURG D. STE. 1151 SAN ANTONIO, TX. 78240 VOL. 13010, PG. 289 OPRBCT i I _ 10' E.G.T.TV.E. Z rn d Y Li U I" O D] '- - - 127.20' - S59'31'00 "W 5 15720 BANDERA RD, SUITE #103 HELOTES, TEXAS 78203 (VOL 18124, PGS 2283 -2292 OPR) N 13728588.63 385.00' E 2215112.14 85.00' 85.00' O o VARIABLE WIDTH E.G.T.TV., 0 WATER, SANITARY SEWER, ui 3 DRAINAGE &TURNAROUND ESM'T. w VOL , PG , D.R. 5 0 6 o DOC If d W 10 zoo o- 10 zoo a, - o N z N / --- - `% 85.00' 85.00' N N59'31'00 "E 0 E10' E.G.T.N.E. n N ' 10' E.G.-`J 920.00- T1V.E. - 297.84' K) - REMAINWG PORTION OF 61.86 AC / TRIPLE H DEVELOPMENT \ HELOTESATEXAS 78203 1 #103 / (VOL 18124, PGS 2283 -2292 OPR)/ U N P L A T T E D 25.00 AC TRIPLE H DEVELOPMENT /15720 BANDERA RD, SUITE #103\ HELOTES, TEXAS 78203 (VOL 18123, PGS 1006 -1009 OPR) VARIABLE WIDTH E.G.T.TV., WATER, SANITARY SEWER, DRAINAGE & TURNAROUND ESM'T. VOL . PG , D.R. DOC # DRAINAGE & TURNAROUND ESM'T. VOL , PG , D.R. DOC III I N n ' N 50' _86.60' - \ / 25' 25' o / 3 w \ / o' oI Lj 11 570 Z 0 d w N o 1 w cov 00 Z 0.00JW J ° N BLOCK 7 5' 96.60' S59'31.00 "W 146.60' I / I / I / VARIABLE WIDTH SANITARY SEWER \ ESM'T. VOL PG D.R. DOC # I I I I I I - - - - - - - - - - - - -I STATE OF TEXAS $ COUNTY OF BEXAR § THE OWNER OF LAND SHOWN ON THIS PLAT, IN PERSON OR THROUGH A DULY AUTHORIZED AGENT, DEDICATES TO THE PUBLIC, EXCEPT AREAS IDENTIFIED AS PRIVATE, FOREVER ALL STREETS, ALLEYS, PARKS, WATERCOURSES, DRAINS EASEMENTS AND PUBLIC PLACES THEREON SHOWN FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED. OWNER: HARRY HAUSMAN STATE OF TEXAS $ COUNTY OF BEXAR § BEFORE ME, THE UNDERSIGNED AUTHORITY ON THIS DAY PERSONALLY APPEARED HARRY HAUSMAN KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR PURPOSES AND CONSIDERATIONS THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF 2017 NOTARY PUBLIC BEXAR COUNTY, TEXAS 100 0 50 100 SCALE: 1" = 100' JOB No. 117006.00 DRAWN BY PRIG DEVELOPER /OWNER: TRIPLE H DEVELOPMENT, L.L.C. 15720 BANDERA RD., SUITE #103 HELOTES, TEXAS 78023 (210) 695 -5490 STATE OF TEXAS § COUNTY OF BEXAR § 1, THE UNDERSIGNED, CITY ENGINEER OF THE CITY OF SCHERTZ HEREBY CERTIFIES THAT THIS SUBDIVISION PLAT CONFORMS TO ALL REQUIREMENTS OF THE SUBDIVISION REGULATIONS OF THE CITY AS TO WHICH THIS APPROVAL IS REQUIRED. DATED THIS DAY OF , A.D CITY ENGINEER STATE OF TEXAS § COUNTY OF BEXAR § THIS PLAT OF HALLIES COVE SUBDIVISION UNIT 2 HAS BEEN SUBMITTED TO AND CONSIDERED BY THE CITY PLANNING & ZONING COMMISSION OF THE CITY OF SCHERTZ, TEXAS AND IS HEREBY APPROVED BY SUCH COMMISSION. DATED THIS DAY OF , A.D. BY BY SECRETARY CHAIRMAN STATE OF TEXAS § COUNTY OF BEXAR § 1, COUNTY CLERK OF SAID COUNTY, DO HEREBY CERTIFY THAT THIS PLAT WAS FILED FOR RECORD IN MY OFFICE ON THE DAY OF A.D. 20_ AT M AND DULY RECORDED THE DAY OF A.D. 20_ AT M IN THE RECORDS OF COUNTY, IN THE BOOK VOLUME PAGE IN TESTIMONY WHEREOF, WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE, THIS DAY OF A.D. COUNTY CLERK, COUNTY, TEXAS BY: 26 RESIDENTIAL LOTS "FINAL" SUBDIVISION PLAT ESTABLISHING HALLIES COVE SUBDIVISION UNIT 2 BEING A TOTAL OF 8.713 ACRES OF LAND SITUATED IN THE ELIGIO GORTARO SURVEY, ABSTRACT 5, CITY OF SCHERTZ, BEXAR COUNTY, TEXAS, AND OUT OF A 61.86 ACRE TRACT OF LAND AS RECORDED IN VOLUME 18124, PAGES 2283 -2292, DEED RECORDS, BEXAR COUNTY, TEXAS. PREPARATION DATE: 11 -14 -16 SHEET 1 OF 1 TO: Planning and Zoning Commission 1 M CASE: PC2017 -035 Casa Verde Farms Subdivision — Final Plat SUBJECT: Consider and act upon a request for approval of a final plat for Lot 1, of the Casa Verde Farms Subdivision, an approximately 10 acre tract of land located at 7731 FM 482, City of Schertz, Comal County. GENERAL INFORMATION: Owner: Dieu Crowley Investments, LLC Applicant: Dieu Crowley Investments, LLC / Dieu Crowley En ineer: Slay Engineering Co. Inc. / Adam Bo Wall APPLICATION SUBMITTAL DATE: August 7, 2017 (Original Application) August 22, 2017 (Revised Submittal) August 24, 2017 (Revised Submittal) ITEM SUMMARY: The applicant is proposing to final plat approximately 10 acres into one (1) lot. The subject property is zoned Manufacturing (Light) (M -1). GENERAL LOCATION AND SITE DESCRIPTION: The subject property is located at 7731 FM 482 and currently has a home and undeveloped land. ACCESS AND CIRCULATION: The proposed lot has frontage on FM 482. TREE MITIGATION AND PRESERVATION: The applicant will be responsible for complying with Unified Development Code (UDC), Section 21.9.9 Tree Preservation and Mitigation. The applicant has submitted a Tree affidavit which indicates that the site does contain protected and heritage trees and a total of 249 inches is to be removed. The applicant will be responsible to mitigate the 249' by planting on site or paying a fee in lieu. Mitigation planting and fee collection will be reviewed with the site plan for the site. PUBLIC SERVICES: The site is serviced by Green Valley Special Utility District, CPS, AT &T, and Time Warner Cable. PUBLIC IMPROVEMENTS: All public improvements required for this subdivision are required to be installed prior to recording of the final plat per UDC, Section 21.4.15., unless otherwise specified in an approved development agreement. Water: This site is currently serviced through a Green Valley Special Utility District 6" water line. Sewer: This site is not currently serviced by a public wastewater system. At the June 28, 2017 Planning & Zoning Commission meeting a waiver was approved to allow for the use of an On -Site Sewage Facility. Drainage: The applicant is responsible for all drainage associated with the subject property, and for compliance with the Storm Water regulations. The City Engineer has reviewed and approved the drainage report. Sidewalks Hike and Bike Trails: Sidewalks are required along FM 482 for the length of the subdivision and will be designed to meet the City of Schertz specifications. These sidewalks will be installed with development of the lot. Road Improvements: The subject property is located adjacent to FM 482 which is identified on the Master Thoroughfare Plan as a Principal Arterial roadway consisting of 120' ROW with 48 feet of pavement and curb and gutters. FM 482 is approximately 60 -feet wide and 30' of TXDOT dedication of land is being provided with the final plat. STAFF ANALYSIS AND RECOMMENDATION: The proposed final plat is consistent with applicable requirements for the property, ordinances and regulations. Staff recommends approval of the final plat. Planning Department Recommendation X Approve as submitted Approve with conditions* Denial * While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC. COMMISSIONERS CRITERIA FOR CONSIDERATION: The Planning and Zoning Commission is the final approval authority of the proposed final plat. In considering final action on a final plat, the Commission should consider the criteria within UDC, Section 21.12.10 D. Attachments: Aerial Map Exhibit N _ a is a a N U 0 O ti 0 2 COMAL COUNTY NOTES: TXDOT NOTES: CPS NOTES: —HUB ERTUSRD s PROPERTY LINE �� 1. FOR RESIDENTIAL DEVELOPMENT DIRECTLY ADJACENT TO STATE 1. THE CITY OF SAN ANTONIO AS A PART OF ITS ELECTRIC AND GAS SYSTEMS (CPS FM 1103 CITY OF SCHERTZ o 1. BENCHMARKS BASED ON THE GARY GIBBONS SURVEY. RIGHT OF WAY, THE DEVELOPER SHALL BE RESPONSIBLE FOR ENERGY IS HEREBY DEDICATED THE EASEMENTS AND RIGHTS -OF -WAY FOR ) z ADJ -PROP — — BENCHMARK #1 - COTTON SPINDLE IN ASPHALT, ELEV = 781.31. ADEQUATE SETBACK AND/OR SOUND ABATEMENT MEASURES FOR ELECTRIC AND GAS DISTRIBUTION AND SERVICE FACILITIES IN THE AREAS HOLLOW RIDGE EASEMENT BENCHMARK #2 - COTTON SPINDLE IN ASPHALT, ELEV = 787.46 FUTURE NOISE MITIGATION. DESIGNATED ON THIS PLAT AS "ELECTRIC EASEMENT ", "GAS EASEMENT ", "ANCHOR EASEMENT ", "SERVICE EASEMENT ", "OVERHANG EASEMENT ", "UTILITY EASEMENT ", HIGH TAIL ROAD 2. PROPERTY CORNERS ARE 1/2" IRON RODS UNLESS NOTED OTHERWISE. AND "TRANSFORMER EASEMENT" FOR THE PURPOSE OF INSTALLING, a a FOUNTAIN GATE I 2. OWNER /DEVELOPER IS RESPONSIBLE FOR PREVENTING ANY CONSTRUCTING, RECONSTRUCTING, MAINTAINING, REMOVING, INSPECTING, ° ° EAGLES GLENN r 3. BEARINGS ARE BASED ON THE NORTH AMERICAN DATUM OF 1983 (NA2011), EPOCH ADVERSE IMPACT TO THE EXISTING DRAINAGE SYSTEM WITHIN THE PATROLLING AND ERECTING POLES, HANGING OR BURYING WIRES, CABLES, PIG ALLEY ¢ 2010.00 FROM THE TEXAS COORDINATE SYSTEM ESTABLISHED FOR THE SOUTH HIGHWAY RIGHT OF WAY. CONDUITS, PIPELINES OR TRANSFORMERS, EACH WITH ITS NECESSARY FAIRLAWNAVE LEGEND CENTRAL ZONE. APPURTENANCES; TOGETHER WITH THE RIGHT TO RELOCATE SAID FACILITIES 3. MAXIMUM ACCESS POINTS TO STATE HIGHWAY FROM THIS PROPERTY WITHIN SAID EASEMENT AND RIGHT -OF -WAY AREAS AND THE RIGHT TO REMOVE 4. SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF WILL BE REGULATED AS DIRECTED BY TXDOT'S, "ACCESS MANAGEMENT FROM SAID LANDS, ALL TREES OR PARTS THEREOF, OR OTHER OBSTRUCTIONS R.O.W. = RIGHT -OF -WAY CITY ORDINANCE AND STATE LAW AND IS SUBJECT TO FINES AND WITHHOLDING OF MANUAL ". THE PROPERTY IS ELIGIBLE FOR A MAXIMUM COMBINED WHICH ENDANGER OR MAY INTERFERE WITH THE EFFICIENCY OF SAID LINES OR UTILITIES AND BUILDING PERMITS, TOTAL OF TWO (2) ACCESS POINTS, BASED ON AN OVERALL PLATTED APPURTENANCES THERETO. IT IS AGREED AND UNDERSTOOD THAT NO BUILDINGS, FD. = FOUND HIGHWAY FRONTAGE OF APPROXIMATELY 527.82 FEET. WHERE CONCRETE SLABS OR WALLS WILL BE PLACED WITHIN SAID EASEMENT AREAS. z SITE ° ° 5. ALL OPEN SPACE, COMMON AREAS, GREENBELTS, DRAINAGE EASEMENT OR OTHER AREAS IDENTIFIED AS PRIVATE SHALL BE THE RESPONSIBILITY OF THE OWNER OR TOPOGRAPHY OR OTHER EXISTING CONDITIONS MAKE IT INAPPROPRIATE 2. ANY CPS ENERGY MONETARY LOSS RESULTING FROM MODIFICATIONS REQUIRED _ w I.R. IRON ROD OR NOT FEASIBLE TO CONFORM TO THE CONNECTION SPACING INTERVALS, OWNERS SUCCESSORS AND /OR ASSIGNS. IS APPROVED BY THE CITY. THE LOCATION OF REASONABLE ACCESS WILL BE DETERMINED WITH OF CPS ENERGY EQUIPMENT, LOCATED WITHIN SAID EASEMENT, DUE TO GRADE 482 BM = BENCHMARK CONSIDERATION GIVEN TO TOPOGRAPHY, ESTABLISHED PROPERTY CHANGES OR GROUND ELEVATION ALTERATIONS SHALL BE CHARGED TO THE 6. THERE IS ONE (1) BUILDABLE LOT. OWNERSHIPS, UNIQUE PHYSICAL LIMITATIONS, AND OR PHYSICAL PERSON PERSONS DEEMED RESPONSIBLE FOR SAID GRADE CHANGES OR 3' DESIGN CONSTRAINTS. THE SELECTED LOCATION SHOULD SERVE AS MANY GROUND ELEVATION ALTERATIONS. 7. ACCORDING TO FLOOD INSURANCE RATE MAP, PANEL 48091CO440F, DATED SEPTEMBER 2, 2009 FOR COMAL COUNTY, TEXAS AND INCORPORATED AREAS, THIS PROPERTIES AND INTERESTS AS POSSIBLE TO REDUCE THE NEED FOR 3. THIS PLAT DOES NOT AMEND, ALTER, RELEASE OR OTHERWISE AFFECT ANY 2252 `! TRACT IS LOCATED IN ZONE X (UNSHADED) AND IS NOT WITHIN THE 100 -YEAR ADDITIONAL DIRECT ACCESS TO THE HIGHWAY. IN SELECTING LOCATIONS FOR FULL MOVEMENT INTERSECTIONS, PREFERENCE WILL BE GIVEN TO EXISTING OTHER EASEMENTS FOR UTILITIES UNLESS THE CHANGES TO SUCH FLOODPLAIN. PUBLIC ROADWAYS THAT ARE ON LOCAL THOROUGHFARE PLANS. EASEMENTS ARE DESCRIBED BELOW. LOCATION MAP 8. A WAIVER WAS APPROVED ON JUNE 28, 2017, TO ALLOW AN ON -SITE SEWAGE FACILITY FOR THE CASH VERDE FARMS SUBDIVISION. 4. IF SIDEWALKS ARE REQUIRED BY APPROPRIATE CITY ORDINANCE, A SIDEWALK PERMIT MUST BE APPROVED BY TXDOT STATE OF TEXAS COUNTY BEXAR SCALE: 1 " = 2000' PRIOR TO CONSTRUCTION WITHIN STATE RIGHT -OF -WAY. R OF LAND SHOWN ON THIS PLAT, IN PERSON OR THROUGH A DULY THE OWNER LOCATIONS OF SIDEWALKS WITHIN STATE RIGHT -OF -WAY SHALL BE AS DIRECTED BY TXDOT. AUTHORIZED AGENT, DEDICATES TO THE PUBLIC, EXCEPT AREAS IDENTIFIED AS 0 2000' 4000' PRIVATE, FOREVER ALL STREETS, ALLEYS, PARKS, WATERCOURSES, DRAINS, 5. ANY TRAFFIC CONTROL MEASURES (LEFT -TURN LANE, EASEMENTS AND PUBLIC PLACES THEREON SHOWN FOR THE PURPOSE AND RIGHT -TURN LANE, ACCEL. LANE, SIGNAL, ETC.) FOR ANY ACCESS CONSIDERATION THEREIN EXPRESSED. GVSUD NOTES: FRONTING A STATE MAINTAINED ROADWAY SHALL BE THE 1. THE OWNER OF THE LAND SHOWN ON THIS PLAT AND WHOSE NAME IS RESPONSIBILITY OF THE DEVELOPER /OWNER. DIEU CROWLEY INVESTMENTS, LLC. SUBSCRIBED HERETO, IN PERSON OR THROUGH A DULY AUTHORIZED AGENT, 12065 BULVERDE ROAD DEDICATES TO THE GREEN VALLEY SPECIAL UTILITY DISTRICT OF MARION, SAN ANTONIO, TEXAS 78217 TEXAS, ITS SUCCESSORS AND ASSIGNS, A PERPETUAL EASEMENT MARKED (210) 654 -7665 AS "WATERLINE EASEMENT" OR "UTILITY EASEMENT" WITH THE RIGHT TO ERECT, CONSTRUCT, INSTALL, AND LAY AND THEREAFTER ACCESS AND USE, \ t 2,554' TO HUBERTUS ROAD OPERATE, INSPECT, REPAIR, MAINTAIN, REPLACE, UPGRADE, PARALLEL AND DOC #201006028952 REMOVE WATER OR WASTE -WATER TRANSMISSION, COLLECTION AND /OR � OWNER: DIEU CROWLEY DISTRIBUTION LINES AND APPURTENANCES AND ANY OTHER FACILITIES 6 NECESSARY TO SERVE GRANTOR'S PROPERTY, AS WELL AS THE GRANTEE'S \ STATE OF TEXAS CURRENT AND FUTURE SYSTEM -WIDE CUSTOMERS, TOGETHER WITH THE ' 3 COUNTY OF COMAL RIGHT OF INGRESS AND EGRESS UNDER, OVER AND ACROSS GRANTOR'S 3 ADJACENT LANDS AND IN ALL STREETS AND BYWAYS FOR THE PURPOSE FOR FOUND 1/2-IRON ROD SEE DETAIL �` BEFORE ME, THE UNDERSIGNED AUTHORITY ON THIS DAY PERSONALLY APPEARED WHICH THE ABOVE MENTIONED RIGHTS ARE GRANTED, INCLUDING THE 112' 135' FOUND 1/2" IRON ROD RIGHT TO REMOVE FROM SAID LANDS ALL TREES, SHRUBS, GRASSES, S 30025 °03" 1E 867.67' KNOWN TO ME TO BE THE PERSON WHOSE \ PAVEMENTS, FENCES, STRUCTURES, IMPROVEMENTS, OR OTHER �� OBSTRUCTIONS WHICH MAY INTERFERE WITH THE FACILITY OR THE ACCESS ,\ N � NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE THERETO. IT IS AGREED AND UNDERSTOOD THAT NO BUILDING, CONCRETE ♦ L ♦ PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED AND IN THE SLAB OR WALLS WILL BE PLACED WITHIN SAID EASEMENT AREAS. NO OTHER ♦ 10 E.G.T &CABLE TV EASEMENT �\ �r ♦ ♦ CAPACITY THEREIN STATED. UTILITY LINES MAY BE LOCATED WITHIN 36" PARALLEL TO WATER LINES. VARIABLE WIDTH `� �j\ \ E.G.T & CABLE TV EASEMENT ` DOC #201006024478 GIVEN UNDER MY HAND AND SEAL OF OFFICE 2. ANY MONETARY LOSS TO GREEN VALLEY SLID RESULTING FROM MODIFICATIONS REQUIRED OF UTILITY EQUIPMENT LOCATED WITHIN SAID \ O`y� ♦ ft�\r r` ♦ ♦� ft 2\Z THIS DAY OF A.D. 20 EASEMENTS DUE TO GRADE CHANGE OR GROUND ELEVATION ALTERATIONS uJ y\ SHALL BE CHARGED TO THE PERSON OR PERSONS DEEMED RESPONSIBLE BM #1 -788 5 FOR SAID GRADE CHANGES OR GROUND ELEVATION ALTERATIONS. UPON O p`W\� ``y F� N, \ ENTERING IN AND UPON SAID EASEMENT, THE DISTRICT WILL ENDEAVOR TO ♦ D D `V W �\ ♦ ♦ NOTARY PUBLIC RESTORE THE LAND SURFACE TO A USEABLE CONDITION BUT IS NOT OBLIGATED TO RESTORE IT TO APRE- EXISTING CONDITION. as\ \w r r O zf CO. W N Q\ COMAL COUNTY, TEXAS 3. THE EASEMENT CONVEYED HEREIN WAS OBTAINED OR IMPROVED \ o ,d\to\� ♦ MY COMMISSION EXPIRES: THROUGH FEDERAL FINANCIAL ASSISTANCE. THIS EASEMENT IS SUBJECT TO g0 THE PROVISION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, AND THE G 1 %M LOT 1, BLOCK 1 REGULATIONS ISSUED PURSUANT THERETO FOR SO LONG AS THE EASEMENT EX`S�w \ 7791 F.M. 482 �? CONTINUES TO BE USED FOR THE SAME OR SIMILAR PURPOSE FOR WHICH 9.622 ACRES) SCALE: 1" = 100' FINANCIAL ASSISTANCE WAS EXTENDED OR FOR SO LONG AS THE GRANTEE OWNS IT, WHICHEVER IS LONGER. \ \ \ ` 0 100' 200' THIS LAND DEVELOPMENT PLAT HAS BEEN SUBMITTED TO AND APPROVED BY THE GREEN VALLEY SPECIAL UTILITY DISTRICT FOR EASEMENTS. UPON ♦ ? \�♦ ♦ \ \ \ ; REQUEST OF THE CUSTOMER AND PAYMENT OF THE REQUIRED FEES, THE DISTRICT WILL PROVIDE DOMESTIC WATER SERVICE TO EACH LOT IN THIS o (7 \` ♦ \ \ \ ` ENGINEERING CO., INC. SUBDIVISION, BY AGREEMENT WITH THE DEVELOPER. o ; ♦ G ♦ 123 ALTGELT AVENUE L SAN ANTONIO, p G 4- - 7 `\ \ \ ♦ TEXAS 78201 GREEN VALLEY SPECIAL UTILITY DISTRICT ( GVSUD) � - \ �` ♦ ♦ \ \ ` J� PH. (210) 734 -4388 /"� FAX (210) 734 -6401 CID N \ \ VARIABLE WIDTH ; " TBPE FIRM NO. F1901 Y AGENT FOR GREEN VALLEY SPECIAL UTILITY DISTRICT E.G.T & CABLE TV EASEMENT JOB NO.: 17 -003 DATE: 08 -24 -2017 \ �op' — — —----- - - - - -- � \ 20' E.G.T & CABLE TV EASEMENT CASA VERDE FARMS BM #2-78T46 N 30032'31" W 848.40 SUBDIVISION PLAT FOUND 1/2" IRON ROD- 65' 565' LOT 1, BLOCK 1 \ FOUND 1/2" IRON ROD, STATE OF TEXAS \ 1 STAMPED REEVES DOC #200306019230 A 9.622 ACRE TRACT OF LAND RECORDED IN VOL. 69, PG. 295 IN THE OFFICIAL PUBLIC RECORDS OF COMAL COUNTY, TEXAS, IN THE RAFAEL GARZA SURVEY NO. 98, COUNTY OF BEXAR ABSTRACT 175, IN THE CITY OF SCHERTZ, COMAL COUNTY, TEXAS. 1, THE UNDERSIGNED, A REGISTERED PROFESSIONAL LAND SURVEYOR DETAIL STATE OF TEXAS IN THE STATE OF TEXAS, HEREBY CERTIFY THAT THIS PLAT IS TRUE COUNTY OF COMAL AND CORRECT AND WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY MADE UNDER MY SUPERVISION ON THE GROUND BY THIS PLAT OF CASA VERDE FARMS HAS BEEN SUBMITTED TO AND CONSIDERED BY SCALE: 1 " = 10' 1, COUNTY CLERK OF COMAL COUNTY, DO GIBBONS SURVEYING &MAPPING, INC. THE CITY PLANNING AND ZONING COMMISSION OF THE CITY OF SCHERTZ, TEXAS, AND IS HEREBY APPROVED BY SUCH COMMISSION. 0 10' 20 HEREBY CERTIFY THAT THIS PLAT WAS FILED FOR RECORD IN MY OFFICE, ON THE DATED: THIS THE DAY OF YEAR A.D. 20 DAY OF A.D. 20 AT M. AND DULY RECORDED THE LICENSED PROFESSIONAL LAND SURVEYOR NO. 4716 BY: GARY GIBBONS CHAIRPERSON DAY OF A.D. 20 AT M. IN THE GIBBONS SURVEYING & MAPPING, INC. RECORDS OF OF COMAL COUNTY, IN 150 EAST RHAPSODY DRIVE, SAN ANTONIO TEXAS 78216 (210) 366 -4600 0 3' 12' 3' BOOK/DOC # ON PAGE IN TESTIMONY WHEREOF, BY: STATE OF TEXAS SECRETARY WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE, THIS DAY OF COUNTY OF BEXAR I, THE UNDERSIGNED, A REGISTERED PROFESSIONAL ENGINEER IN I, THE UNDERSIGNED, CITY ENGINEER OF THE CITY OF (p _.., A.D. 20 THE STATE SCHERTZ, TEXAS HEREBY CERTIFY THAT THIS OF TEXAS, HEREBY CERTIFY THAT PROPER ENGINEERING SUBDIVISION PLAT CONFORMS TO ALL REQUIREMENTS CONSIDERATION HAS OF THE SUBDIVISION REGULATIONS OF THE CITY AS TO BEEN GIVEN THIS PLAT. WHICH THIS APPROVAL IS REQUIRED. COUNTY CLERK, COMAL COUNTY, TEXAS REGISTERED PROFESSIONAL ENGINEER NO. 44379 CITY ENGINEER BY: DEPUTY MICHAEL M. SLAY, P.E. - _ a is a a N U 0 O ti 0 2 TO: Planning and Zoning Commission 3'f�� .'fTTiTsTiil�ihlNU TT,=I CASE: PC2017 -034 Verde Enterprise Business Park Subdivision - Replat of Unit 12A GENERAL INFORMATION: Owner: Eyes Right Properties, LP, Jeremiah Brown Applicant/ Proiect Engineer: Stantec, Chance Kutac, P.E. APPLICATION SUBMITTAL DATE: July 10, 2017 (Original Application) August 11, 2017 (Revised Submittal) August 29, 2017 (Revised Submittal) ITEM SUMMARY: The final plat of Verde Enterprise Business Park Subdivision Unit 12A & 12B was approved on August 24, 2016 by the Planning and Zoning Commission. This replat request is to create two buildable lots out of Unit 12A and does not include Unit 12B, which included Lots 4 and 5, Block 10 of the Verde Enterprise Business Park Subdivision. Lot 5, Block 10 is a drainage lot. The new lots proposed for Unit 12A are Lot 7 (1.95 acres) and Lot 8 (0.872 acre). The property is zoned Planned Development District (PDD) and the PDD designates this property for commercial use. GENERAL LOCATION AND SITE DESCRIPTION: The subject property is currently undeveloped and is located 600 feet east of the intersection of Schertz Parkway and IH -35. ACCESS AND CIRCULATION: Access to the proposed lots will be via 1 -35 Frontage Road. A 25 -foot access easement is proposed between the two lots that takes access of 1 -35 Frontage Road and a 25 -foot access easement is proposed to connect to the access easement that is between Lots 1 and 3, Block 12 of Unit 10A of the Verde Enterprise Business Park subdivision. TREE MITIGATION AND PRESERVATION: The applicant will be responsible for complying with Unified Development Code (UDC), Section 21.9.9 Tree Preservation and Mitigation. The tree affidavit submitted indicates that no protected or heritage trees will be removed or damaged. A tree survey has been provided indicating that there are existing protected and heritage trees on the project site. Since a site plan has not yet been submitted, it cannot be determined at this time which trees may need to be mitigated. A tree mitigation and preservation plan will be required at the time of site development and will be reviewed by Parks, Recreation and Community Services Department prior to approval of future site plans. PUBLIC SERVICES: The site is serviced by Schertz water and sewer, CPS, CenterPoint Energy, AT &T, and Spectrum (Time Warner Cable). PUBLIC IMPROVEMENTS AND SERVICES: All public improvements required for this subdivision are required to be installed prior to recording of the final plat of each Unit per UDC, Section 21.4.15., unless otherwise specified in an approved development agreement. Engineering has confirmed that the public improvement construction plans have been approved and drainage improvements have been completed and accepted. Water and Sewer: This site is serviced through existing 12" water lines that run along IH -35. The site is served by 8" sewer lines that will be extended along the subdivision. Drainage: The applicant will be responsible for all drainage associated with the subject property, and for compliance with the storm water regulations, which may require on -site detention at the time of site plan. Sidewalks Hike and Bike Trails: Sidewalks are not required along 1 -35. Road Improvements: No right -of -way dedications or roadway improvements are required. The applicant will be responsible for driveway improvements that TxDOT requires along IH -35. STAFF ANALYSIS AND RECOMMENDATION: The replat is consistent with applicable requirements for the property, ordinances and regulations. It has been reviewed by the City Engineer, Public Works, Parks, Inspections, and Fire with no objections. The plat is consistent with all applicable zoning requirements, ordinances and regulation of the City. Staff recommends approval of the replat. Planning Department Recommendation X Approve as submitted Approve with conditions* Denial * While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC. COMMISSIONERS CRITERIA FOR CONSIDERATION: The Planning and Zoning Commission shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 and is the final approval authority of the proposed replat. In considering final action on a replat, the Commission should consider the criteria within UDC, Section 21.12.13 E. Attachments: Aerial Map Exhibit W N a i a� E ad 0 N m N 0 Q co 0 Ln 00 I 0 N O 'o N N a� i N U ai G� G z N SITE 0 00 o 0, �c%,c r�'gl 6F COGS -Iy�A VICINITY MAP SCALE: NOT TO SCALE GENERAL NOTES: 1. NOTICE: SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY ORDINANCES AND STATE LAW AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND PERMITS. 2. ALL OPEN SPACE, COMMON AREAS, GREENBELTS, DRAINAGE EASEMENTS OR OTHER AREAS IDENTIFIED AS PRIVATE SHALL BE THE RESPONSIBILITY OF OWNER OR OWNERS SUCCESSORS AND /OR ASSIGNS, PROVIDED SUCH SUCCESSOR OR ASSIGN IS APPROVED BY THE CITY. 3. ACCORDING TO FLOOD INSURANCE RATE MAP, PANEL 48187CO210F, REVISED TO REFLECT VERDE ENTERPRISE BUSINESS PARK — SEPT 2014, DATED JULY 16, 2010, THE SITE IS LOCATED IN ZONE X AND IS NOT WITHIN THE 100 —YEAR FLOODPLAIN. 4. THE REPLAT IS COMPOSED OF TWO (2) BUILDABLE LOTS (LOTS 7 AND 8). TxDOT NOTES: 1. FOR RESIDENTIAL DEVELOPMENT DIRECTLY ADJACENT TO STATE RIGHT —OF —WAY, THE DEVELOPER SHALL BE RESPONSIBLE FOR ADEQUATE SETBACK AND /OR SOUND ABATEMENT MEASURES FOR FUTURE NOISE MITIGATION. 2. MAXIMUM ACCESS POINTS TO STATE HIGHWAY FROM THIS PROPERTY WILL BE REGULATED AS DIRECTED BY "ACCESS MANAGEMENT MANUAL ". THIS PROPERTY IS ELIGIBLE FOR A MAXIMUM COMBINED TOTAL OF ONE SHARED (1) RIGHT —IN /OUT ONLY ACCESS POINT ALONG IH 35 BASED ON THE OVERALL PLATTED HIGHWAY FRONTAGE OF 295.88'. WHERE TOPOGRAPHY OR OTHER EXISTING CONDITIONS MAKE IT INAPPROPRIATE OR NOT FEASIBLE TO CONFORM TO THE CONNECTION SPACING INTERVALS, THE LOCATION OF REASONABLE ACCESS WILL BE DETERMINED WITH CONSIDERATION GIVEN TO TOPOGRAPHY, ESTABLISHED PROPERTY OWNERSHIPS, UNIQUE PHYSICAL LIMITATIONS, AND /OR PHYSICAL DESIGN CONSTRAINTS. THE SELECTED LOCATION SHOULD SERVE AS MANY PROPERTIES AND INTERESTS AS POSSIBLE TO REDUCE THE NEED FOR ADDITIONAL DIRECT ACCESS TO THE HIGHWAY. IN SELECTING LOCATIONS FOR FULL MOVEMENT INTERSECTIONS, PREFERENCE WILL BE GIVEN TO PUBLIC ROADWAYS THAT ARE ON LOCAL THOROUGHFARE PLANS 4. OWNER /DEVELOPER IS RESPONSIBLE FOR PREVENTING ANY ADVERSE IMPACT TO THE EXISTING DRAINAGE SYSTEM WITHIN THE HIGHWAY RIGHT —OF —WAY. 5. IF SIDEWALKS ARE REQUIRED BY APPROPRIATE CITY ORDINANCE, A SIDEWALK PERMIT MUST BE APPROVED BY TXDOT, PRIOR TO CONSTRUCTION WITHIN STATE RIGHT —OF —WAY. LOCATIONS OF SIDEWALKS WITHIN STATE RIGHT OF WAY SHALL BE AS DIRECTED BY TXDOT. 6. ANY TRAFFIC CONTROL MEASURES (LEFT —TURN LANE, RIGHT —RUTN LANE, SIGNAL, ETC.) FOR ANY ACCESS FRONTING A STATE MAINTAINED ROADWAY SHALL BE THE RESPONSIBILITY OF THE DEVELOPER /OWNER. AREA BEING REPLATTED SCALE: 1"= 100' LOT 6, BLOCK 10, VERDE ENTRERPRISE BUSINESS PARK, AS RECORDED IN VOLUME 8, PAGE 652 OF THE OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY TEXAS. THIS PROPOSED DEVELOPMENT HAS BEEN REVIEWED AND APPROVED BY THE CIBOLO CREEK MUNICIPAL AUTHORITY (CCMA) FOR WASTEWATER TREATMENT PLANT CAPACITY AND EASEMENTS. ALL FEES ARE DUE FOR IMPACT TO THE SYSTEM AT TIME OF CONNECTION WILL BE CALCULATED AT SUBMITTAL OF BUILDING PERMIT APPLICATION. AGENT FOR CIBOLO CREEK MUNICIPAL AUTHORITY I, THE UNDERSIGNED, CITY ENGINEER OF THE CITY OF SCHERTZ, TEXAS HEREBY CERTIFY THAT THIS SUBDIVISION PLAT CONFORMS TO ALL REQUIREMENTS OF THE SUBDIVISION REGULATIONS OF THE CITY AS TO WHICH THIS APPROVAL IS REQUIRED. CITY ENGINEER STATE OF TEXAS COUNTY OF BEXAR I HEREBY CERTIFY THAT PROPER ENGINEERING CONSIDERATION HAS BEEN GIVEN THIS PLAT TO THE MATTERS OF STREETS, LOTS AND DRAINAGE LAYOUT. TO THE BEST OF MY KNOWLEDGE THIS PLAT CONFORMS TO ALL REQUIREMENTS OF THE UNIFIED DEVELOPMENT CODE, EXCEPT FOR THOSE VARIANCES GRANTED BY THE CITY OF SCHERTZ PLANNING AND ZONING COMMISSION. CHANCE KUTAC, P.E. DATE LICENSED PROFESSIONAL ENGINEER TEXAS REGISTRATION NO. 111527 STATE OF TEXAS COUNTY OF BEXAR I HEREBY CERTIFY THAT THE ABOVE PLAT CONFORMS TO THE MINIMUM STANDARDS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYING ACCORDING TO AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY DIRECT SUPERVISION. HAL B. LANE, III, R.P.L.S. DATE REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 4690 LOT 4 �_- BLOCK 10 / VERDE ENTERPRISE BUSINESS PARK / UNIT -12A & B / (VOL. 8 PG. 652 D.P.R.) / / / yOG 4Z5� LOT 1, BLOCK 12 VERDE ENTERPRISE BUSINESS PARK U -10A (VOL. 8, PG. 01 1 ) SHEET 2 OF 3 WAAGNER FAMILY, LTD. (VOL, 2902 PG, 210 O.P.R.) I I SHEET 3 OF 3 LOT 6, BLOCK 10 VERDE ENTRERPRISE BUSINESS PARK 2.822 ACRES UNIT 9 2A & B VOL. 8, PG, 652 1 LOT 3, BLOCK 12 VERDE ENTERPRISE BUSINESS PARK U -10A (VOL, 8, PG. 01 1 ) SCALE: 1"= 100' PLAT NOTES APPLY TO EVERY PAGE OF THIS MULTIPLE PAGE PLAT hI 61,111 T; .Y. d Z ; Q a g = o 0 lu 0 smv ¢> Z z� t,r. Stantec 70 NE Loop 410 Suite 1100 San Antonio, Texas 78216 www.stantec.com TBPE No. 6324 LEGEND • 1/2" IRON ROD FOUND (UNLESS NOTED) O 1/2" IRON ROD SET WITH YELLOW CAP MARKED "BPI" (UNLESS NOTED) Q5 BENCHMARK VOL. VOLUME PG. PAGE ROW RIGHT OF WAY DPR DEED AND PLAT RECORDS OF GUADALUPE COUNTY, TEXAS OPR OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS +� EFFECTIVE 100 —YEAR FLOODPLAIN STATE OF TEXAS COUNTY OF GUADALUPE THE OWNER OF LAND SHOWN ON THIS PLAT, IN PERSON OR THROUGH A DULY AUTHORIZED AGENT, DEDICATES TO THE USE OF THE PUBLIC, EXCEPT AREAS IDENTIFIED AS PRIVATE OR PART OF AN ENCLAVE OR PLANNED UNIT DEVELOPMENT, FOREVER ALL STREETS, ALLEYS, PARKS, WATERCOURSES, DRAINS, EASEMENTS AND PUBLIC PLACES THEREON SHOWN FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED. OWNER /DEVELOPER: JEREMIAH BROWN, M.D. EYES RIGHT PROPERTY, LP 17319 IH 35 N., SUITE 303 SCHERTZ, TEXAS 78514 PH: 210 - 693 -1063 STATE OF TEXAS COUNTY OF GUADALUPE BEFORE ME, THE UNDERSIGNED AUTHORITY ON THIS DAY PERSONALLY APPEARED JEREMIAH BROWN KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF , A.D. 2017. NOTARY PUBLIC, GUADALUPE COUNTY, TEXAS THIS PLAT OF VEF= ENTERPRISE BUSINESS PARK UNIT VA HAS BEEN SUBMITTED TO AND CONSIDERED BY THE CITY PLANNING AND ZONING COMMISSION OF THE CITY OF SCHERTZ, TEXAS AND IS HEREBY APPROVED BY SUCH COMMISSION. DATED THIS DAY OF A.D. 2017 BY: CHAIRPERSON BY: SECRETARY • • r • -a 1, COUNTY CLERK OF GUADALUPE COUNTY, DO HEREBY CERTIFY THAT THIS PLAT WAS FILED FOR RECORD IN MY OFFICE, ON THE DAY OF A.D. AT M. AND DULY RECORDED THE DAY OF A.D. AT M. IN THE DEED AND PLAT RECORDS OF GUADALUPE COUNTY, IN BOOK /VOLUME ON PAGE IN TESTIMONY WHEREOF, WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE, THIS DAY OF A.D 2017. COUNTY CLERK, GUADALUPE COUNTY, TEXAS BY: . DEPUTY REPEAT ESTABLISHING VERDE ENTERPRISE BUSINESS PARK UNIT 12A BEING A 2.822 —ACRE TRACT OF LAND, SITUATED IN THE CITY OF SCHERTZ, LOCATED IN THE TORIBIO HERRRERA SURVEY NO. 68, ABSTRACT NO. 153, GUADALUPE COUNTY, TEXAS AND BEING ALL OF LOT 6, BLOCK 10 OF THE VERDE ENTERPRISE BUSINESS PARK AS RECORDED IN VOLUME 8, PAGE 652 OF THE DEED AND PLAT RECORDS OF GUADALUPE COUNTY, TEXAS. SHEET 1 OF 3 CPS NOTES: 1. THE CITY OF SAN ANTONIO AS PART OF ITS ELECTRIC AND GAS SYSTEM (CITY PUBLIC SERVICE BOARD) IS HEREBY DEDICATED THE EASEMENTS AND RIGHTS -OF -WAY FOR ELECTRIC AND GAS DISTRIBUTION AND SERVICE FACILITIES IN THE AREAS DESIGNATED ON THIS PLAT AS "ELECTRIC EASEMENT," "GAS EASEMENT ", "ANCHOR EASEMENT," "SERVICE EASEMENT," "OVERHANG EASEMENT," "UTILITY EASEMENT," AND "TRANSFORMER EASEMENT" FOR THE PURPOSE OF INSTALLING, CONSTRUCTING, RECONSTRUCTING, MAINTAINING, REMOVING, INSPECTING, PATROLLING, AND ERECTING WAAGNER FAMILY, LTD. POLES, HANGING OR BURYING WIRES, CABLES, CONDUITS, PIPELINES OR (VOL. 2902 PG. TRANSFORMERS, EACH WITH ITS NECESSARY APPURTENANCES TOGETHER WITH THE 290 0 P R) RIGHT OF INGRESS AND EGRESS OVER GRANTOR'S ADJACENT LAND, THE RIGHT TO LOT 4 RELOCATE SAID FACILITIES WITHIN SAID EASEMENT AND RIGHT —OF —WAY AREAS, AND BLOCK 10 THE RIGHT TO REMOVE FROM SAID LANDS ALL TREES OR PARTS THEREOF, OR OTHER VERDE ENTERPRISE BUSINESS PARK OBSTRUCTIONS WHICH ENDANGER OR MAY INTERFERE WITH THE EFFICIENCY OF SAID UNIT_ 12A & B / / a� LINES OR APPURTENANCES THERETO. IT IS AGREED AND UNDERSTOOD THAT NO / d BUILDINGS, CONCRETE SLABS, OR WALLS WILL BE PLACED WITHIN SAID EASEMENT (VOL. 8 PG. 652 D.P.R.) / Z 3 AREAS. 0 , , , , 2. 50 100 150 20O ANY CPS MONETARY LOSS RESULTING FROM MODIFICATIONS REQUIRED OF CPS ENERGY EQUIPMENT, LOCATED WITHIN SAID EASEMENT, DUE TO GRADE CHANGES OR GROUND ELEVATION SHALL BE CHARGED TO THE PERSON PERSONS DEEMED / cJ 0 a s 1 =1 00' ALTERATIONS OR RESPONSIBLE FOR SAID GRADE CHANGES OR GROUND ELEVATION ALTERATION. c,1��' _ M ¢> 3. THIS PLAT DOES NOT AMEND, ALTER, RELEASE OR OTHERWISE AFFECT ANY EXISTING LOT 6, BLOCK 10 cc ELECTRIC, GAS, WATER, SEWER, DRAINAGE, TELEPHONE, CABLE EASEMENTS OR ANY VERDE ENTRERPRISE ¢ > OTHER EASEMENTS FOR UTILITIES UNLESS THE CHANGES TO SUCH EASEMENTS ARE DESCRIBED BELOW. BUSINESS PARK Z 2.822 ACRES SURVEYOR'S NOTES: UNIT 12A & B 1. COORDINATES SHOWN ON THIS PLAT WERE PROVIDED BY STANTEC. VOL, 8, PG. 552 2. PROPERTY CORNERS ARE MONUMENTED WITH CAP OR DISK MARKED "STANTEC" UNLESS NOTED OTHERWISE: 3. DIMENSIONS SHOWN ARE SURFACE. 4. BEARINGS AND COORDINATES ARE BASED ON THE NORTH AMERICAN DATUM 1983, TEXAS COORDINATE SYSTEM, SOUTH CENTRAL ZONE, UTILIZING THE WDS STATEWIDE VRS NETWORK AND A GROUND SCALE FACTOR OF 1.000166 LOT 9, BLOCK 12 LOT 3, BLOCK 12 VERDE ENTERPRISE VERDE ENTERPRISE BUSINESS PARK U -10A BUSINESS PARK U -10A (VOL, 8, PG. 01 1) (VOL, 8, PG, 01 1) AREA BEING REPLATTED SCALE: 1"= 100' LOT 6, BLOCK 10, VERDE ENTRERPRISE BUSINESS PARK, AS RECORDED IN VOLUME 8, PAGE 652 OF THE OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY TEXAS. THIS PROPOSED DEVELOPMENT HAS BEEN REVIEWED AND APPROVED BY THE CIBOLO CREEK MUNICIPAL AUTHORITY (CCMA) FOR WASTEWATER TREATMENT PLANT CAPACITY AND EASEMENTS. ALL FEES ARE DUE FOR IMPACT TO THE SYSTEM AT TIME OF CONNECTION WILL BE CALCULATED AT SUBMITTAL OF BUILDING PERMIT APPLICATION. AGENT FOR CIBOLO CREEK MUNICIPAL AUTHORITY I, THE UNDERSIGNED, CITY ENGINEER OF THE CITY OF SCHERTZ, TEXAS HEREBY CERTIFY THAT THIS SUBDIVISION PLAT CONFORMS TO ALL REQUIREMENTS OF THE SUBDIVISION REGULATIONS OF THE CITY AS TO WHICH THIS APPROVAL IS REQUIRED. CITY ENGINEER STATE OF TEXAS COUNTY OF BEXAR I HEREBY CERTIFY THAT PROPER ENGINEERING CONSIDERATION HAS BEEN GIVEN THIS PLAT TO THE MATTERS OF STREETS, LOTS AND DRAINAGE LAYOUT. TO THE BEST OF MY KNOWLEDGE THIS PLAT CONFORMS TO ALL REQUIREMENTS OF THE UNIFIED DEVELOPMENT CODE, EXCEPT FOR THOSE VARIANCES GRANTED BY THE CITY OF SCHERTZ PLANNING AND ZONING COMMISSION. CHANCE KUTAC, P.E. DATE LICENSED PROFESSIONAL ENGINEER TEXAS REGISTRATION NO. 111527 STATE OF TEXAS COUNTY OF BEXAR I HEREBY CERTIFY THAT THE ABOVE PLAT CONFORMS TO THE MINIMUM STANDARDS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYING ACCORDING TO AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY DIRECT SUPERVISION. HAL B. LANE, III, R.P.L.S. DATE REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 4690 LOT 4 �_- BLOCK 10 / VERDE ENTERPRISE BUSINESS PARK / UNIT -12A & B / (VOL. 8 PG. 652 D.P.R.) / / / yOG 4Z5� LOT 1, BLOCK 12 VERDE ENTERPRISE BUSINESS PARK U -10A (VOL. 8, PG. 01 1 ) SHEET 2 OF 3 WAAGNER FAMILY, LTD. (VOL, 2902 PG, 210 O.P.R.) I I SHEET 3 OF 3 LOT 6, BLOCK 10 VERDE ENTRERPRISE BUSINESS PARK 2.822 ACRES UNIT 9 2A & B VOL. 8, PG, 652 1 LOT 3, BLOCK 12 VERDE ENTERPRISE BUSINESS PARK U -10A (VOL, 8, PG. 01 1 ) SCALE: 1"= 100' PLAT NOTES APPLY TO EVERY PAGE OF THIS MULTIPLE PAGE PLAT hI 61,111 T; .Y. d Z ; Q a g = o 0 lu 0 smv ¢> Z z� t,r. Stantec 70 NE Loop 410 Suite 1100 San Antonio, Texas 78216 www.stantec.com TBPE No. 6324 LEGEND • 1/2" IRON ROD FOUND (UNLESS NOTED) O 1/2" IRON ROD SET WITH YELLOW CAP MARKED "BPI" (UNLESS NOTED) Q5 BENCHMARK VOL. VOLUME PG. PAGE ROW RIGHT OF WAY DPR DEED AND PLAT RECORDS OF GUADALUPE COUNTY, TEXAS OPR OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS +� EFFECTIVE 100 —YEAR FLOODPLAIN STATE OF TEXAS COUNTY OF GUADALUPE THE OWNER OF LAND SHOWN ON THIS PLAT, IN PERSON OR THROUGH A DULY AUTHORIZED AGENT, DEDICATES TO THE USE OF THE PUBLIC, EXCEPT AREAS IDENTIFIED AS PRIVATE OR PART OF AN ENCLAVE OR PLANNED UNIT DEVELOPMENT, FOREVER ALL STREETS, ALLEYS, PARKS, WATERCOURSES, DRAINS, EASEMENTS AND PUBLIC PLACES THEREON SHOWN FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED. OWNER /DEVELOPER: JEREMIAH BROWN, M.D. EYES RIGHT PROPERTY, LP 17319 IH 35 N., SUITE 303 SCHERTZ, TEXAS 78514 PH: 210 - 693 -1063 STATE OF TEXAS COUNTY OF GUADALUPE BEFORE ME, THE UNDERSIGNED AUTHORITY ON THIS DAY PERSONALLY APPEARED JEREMIAH BROWN KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF , A.D. 2017. NOTARY PUBLIC, GUADALUPE COUNTY, TEXAS THIS PLAT OF VEF= ENTERPRISE BUSINESS PARK UNIT VA HAS BEEN SUBMITTED TO AND CONSIDERED BY THE CITY PLANNING AND ZONING COMMISSION OF THE CITY OF SCHERTZ, TEXAS AND IS HEREBY APPROVED BY SUCH COMMISSION. DATED THIS DAY OF A.D. 2017 BY: CHAIRPERSON BY: SECRETARY • • r • -a 1, COUNTY CLERK OF GUADALUPE COUNTY, DO HEREBY CERTIFY THAT THIS PLAT WAS FILED FOR RECORD IN MY OFFICE, ON THE DAY OF A.D. AT M. AND DULY RECORDED THE DAY OF A.D. AT M. IN THE DEED AND PLAT RECORDS OF GUADALUPE COUNTY, IN BOOK /VOLUME ON PAGE IN TESTIMONY WHEREOF, WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE, THIS DAY OF A.D 2017. COUNTY CLERK, GUADALUPE COUNTY, TEXAS BY: . DEPUTY REPEAT ESTABLISHING VERDE ENTERPRISE BUSINESS PARK UNIT 12A BEING A 2.822 —ACRE TRACT OF LAND, SITUATED IN THE CITY OF SCHERTZ, LOCATED IN THE TORIBIO HERRRERA SURVEY NO. 68, ABSTRACT NO. 153, GUADALUPE COUNTY, TEXAS AND BEING ALL OF LOT 6, BLOCK 10 OF THE VERDE ENTERPRISE BUSINESS PARK AS RECORDED IN VOLUME 8, PAGE 652 OF THE DEED AND PLAT RECORDS OF GUADALUPE COUNTY, TEXAS. SHEET 1 OF 3 3 a Q �t 0 04 N N N i d- N i t 2 U Q i a N ao 0 - o Q o 0 L t,) N Lr) v 00 N n i i N Q) QU C) w G� Z SITE 0- CIO o �'o aF VICINITY MAP SCALE: NOT TO SCALE PARCEL CURVE DATA CURVE # LENGTH RADIUS DELTA CHORD BEARING Cl 38.91' 36.00' 61'55'27" 37.04' N89' 34' 46 "W C2 67.21' 129.00' 29'51'05" 66.45' S73' O4' 35 "E C3 55.12' 53.00' 5915'14" 52.67' S89' 20' 46 "W C4 41.14' 77.50' 30'24'46" 40.66' N45' 39' 14 "W C5 27.87' 52.50' 30'24'46" 27.54' N45' 39' 14 "W C6 29.12' 28.00' 1 59'35'14" 27.83' S89-20- 46 "W PARCEL LINE DATA LINE # BEARING DISTANCE L1 S59'33'09 "W 74.66' L2 N60'51'37 "W 78.49' L3 I N30'26'51 "W 269.84' L4 N59'50'39 "E 25.00' L5 N30'26'51 "W 269.71' L6 N60 51'37 "W 78.49' L7 S59'33'09 "W 74.66' L8 N30'26'48 "W 25.00' L9 S8428'36 "E 75.53' 1-10 S5'31'24 "W 16.00' L11 S84'28'36 "E 38.93' L12 N6051 -37 "W 39.94' THIS PROPOSED DEVELOPMENT HAS BEEN REVIEWED AND APPROVED BY THE CIBOLO CREEK MUNICIPAL AUTHORITY (CCMA) FOR WASTEWATER TREATMENT PLANT CAPACITY AND EASEMENTS. ALL FEES ARE DUE FOR IMPACT TO THE SYSTEM AT TIME OF CONNECTION WILL BE CALCULATED AT SUBMITTAL OF BUILDING PERMIT APPLICATION. AGENT FOR CIBOLO CREEK MUNICIPAL AUTHORITY I, THE UNDERSIGNED, CITY ENGINEER OF THE CITY OF SCHERTZ, TEXAS HEREBY CERTIFY THAT THIS SUBDIVISION PLAT CONFORMS TO ALL REQUIREMENTS OF THE SUBDIVISION REGULATIONS OF THE CITY AS TO WHICH THIS APPROVAL IS REQUIRED. CITY ENGINEER STATE OF TEXAS COUNTY OF BEXAR I HEREBY CERTIFY THAT PROPER ENGINEERING CONSIDERATION HAS BEEN GIVEN THIS PLAT TO THE MATTERS OF STREETS, LOTS AND DRAINAGE LAYOUT. TO THE BEST OF MY KNOWLEDGE THIS PLAT CONFORMS TO ALL REQUIREMENTS OF THE UNIFIED DEVELOPMENT CODE, EXCEPT FOR THOSE VARIANCES GRANTED BY THE CITY OF SCHERTZ PLANNING AND ZONING COMMISSION. CHANCE KUTAC, P.E. DATE LICENSED PROFESSIONAL ENGINEER TEXAS REGISTRATION NO. 111527 STATE OF TEXAS COUNTY OF BEXAR I HEREBY CERTIFY THAT THE ABOVE PLAT CONFORMS TO THE MINIMUM STANDARDS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYING ACCORDING TO AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY DIRECT SUPERVISION. HAL B. LANE, III, R.P.L.S. DATE REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 4690 0 25' 50' 75' 100' 1 "= 50' EXISTING 100 YR. FLOODPLAIN APPROXIMATE LOCATION CIBOLO TRIBUTARY 16 AS SCALED FROM THE FEMA FLOOD PLAIN MAP 210 OF 480, PANEL NO. 480187CO21OF DATED NOV. 2, 2007 REVISED TO REFLECT VERDE ENTERPRISE BUSINESS PARK - UNIT 12B CLOMR - SEPT. 2014 LOT 4 BLOCK 10 VERDE ENTERPRISE BUSINESS PARK UNIT 12A & B � 11010 (VOL, 8 PG. 682 D.P.R.) 401, 00 g &� g� � � gyp, WAAGNER FAMILY, LTD. (VOL, 2902 PG, 210 O.P.R.) 1 ' 1 S 875750" E 1 30.00' N 1 i 1 U. LOT 8 O 1�61� BLOCK 10 co 0.Q79 ACRES ~ •og5 5 5$ • wl 'T _ - - W L3 3 C4 _ = 1 392.07' Wj C)c) 0011 � �� 0 4��5 0b 00" vlb p� 4 5 Ile i 100, 000, 25.00' J 1 62'27'16" E v� ACCESS & 6.03 WASTEWATER EASEMENT 240.24' I i �x N\\-N= 13767150.800 E= 2194588.653 L LOT 1, BLOCK 12 VERDE ENTERPRISE BUSINESS PARK U -10A (VOL. 8, PG. 01 1 ) OWNER- MID CITIES 35 PARTNERS, LTD (VOL, 2292 PG. 883 O.P.R.) SURVEYOR'S NOTES: 1. COORDINATES SHOWN ON THIS PLAT WERE PROVIDED BY STANTEC. 2. PROPERTY CORNERS ARE MONUMENTED WITH CAP OR DISK MARKED "STANTEC" UNLESS NOTED OTHERWISE: 3. DIMENSIONS SHOWN ARE SURFACE. 4. BEARINGS AND COORDINATES ARE BASED ON THE NORTH AMERICAN DATUM 1983, TEXAS COORDINATE SYSTEM, SOUTH CENTRAL ZONE, UTILIZING THE WDS STATEWIDE VRS NETWORK. N 30'09'21" W -- - - -- W C5 L5 '11`-WASTEWATER 16.00' LU Z 1 EASEMENT V 1 T LOT 7 BLOCK 10 1.950 ACRES 1 1 367.09' N 30'26'48" W 632.34' 1 i:�25' UTILITY & INGRESS /EGRESS EASEMENT (VOL. 8, PG. 011) LOT 3, BLOCK 12 VERDE ENTERPRISE 1 BUSINESS PARK U- 10A (VOL. 8, PG. 01 1 ) 1 OWNER: FOCAL POINT PROPERTIES 2, LLC (DOC NO. 2015021256 O.P.R.) CPS NOTES: 1. THE CITY OF SAN ANTONIO AS PART OF ITS ELECTRIC AND GAS SYSTEM (CITY PUBLIC SERVICE BOARD) IS HEREBY DEDICATED THE EASEMENTS AND RIGHTS -OF -WAY FOR ELECTRIC AND GAS DISTRIBUTION AND SERVICE FACILITIES IN THE AREAS DESIGNATED ON THIS PLAT AS "ELECTRIC EASEMENT," "GAS EASEMENT ", "ANCHOR EASEMENT," "SERVICE EASEMENT," "OVERHANG EASEMENT," "UTILITY EASEMENT," AND "TRANSFORMER EASEMENT" FOR THE PURPOSE OF INSTALLING, CONSTRUCTING, RECONSTRUCTING, MAINTAINING, REMOVING, INSPECTING, PATROLLING, AND ERECTING POLES, HANGING OR BURYING WIRES, CABLES, CONDUITS, PIPELINES OR TRANSFORMERS, EACH WITH ITS NECESSARY APPURTENANCES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS OVER GRANTOR'S ADJACENT LAND, THE RIGHT TO RELOCATE SAID FACILITIES WITHIN SAID EASEMENT AND RIGHT -OF -WAY AREAS, AND THE RIGHT TO REMOVE FROM SAID LANDS ALL TREES OR PARTS THEREOF, OR OTHER OBSTRUCTIONS WHICH ENDANGER OR MAY INTERFERE WITH THE EFFICIENCY OF SAID LINES OR APPURTENANCES THERETO. IT IS AGREED AND UNDERSTOOD THAT NO BUILDINGS, CONCRETE SLABS, OR WALLS WILL BE PLACED WITHIN SAID EASEMENT AREAS. 2. ANY CPS MONETARY LOSS RESULTING FROM MODIFICATIONS REQUIRED OF CPS ENERGY EQUIPMENT, LOCATED WITHIN SAID EASEMENT, DUE TO GRADE CHANGES OR GROUND ELEVATION ALTERATIONS SHALL BE CHARGED TO THE PERSON OR PERSONS DEEMED RESPONSIBLE FOR SAID GRADE CHANGES OR GROUND ELEVATION ALTERATION. 3. THIS PLAT DOES NOT AMEND, ALTER, RELEASE OR OTHERWISE AFFECT ANY EXISTING ELECTRIC, GAS, WATER, SEWER, DRAINAGE, TELEPHONE, CABLE EASEMENTS OR ANY OTHER EASEMENTS FOR UTILITIES UNLESS THE CHANGES TO SUCH EASEMENTS ARE DESCRIBED BELOW. zt �J, Stantec 70 NE Loop 410 Suite 1100 San Antonio, Texas 78216 www.stantec.com TBPE No. 6324 LEGEND • 1/2" IRON ROD FOUND (UNLESS NOTED) 0 1/2" IRON ROD SET WITH YELLOW CAP MARKED "BPI" (UNLESS NOTED) Q5 BENCHMARK VOL. VOLUME PG. PAGE ROW RIGHT OF WAY DPR DEED AND PLAT RECORDS OF GUADALUPE COUNTY, TEXAS OPR OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS EFFECTIVE 100 -YEAR FLOODPLAIN STATE OF TEXAS COUNTY OF GUADALUPE THE OWNER OF LAND SHOWN ON THIS PLAT, IN PERSON OR THROUGH A DULY AUTHORIZED AGENT, DEDICATES TO THE USE OF THE PUBLIC, EXCEPT AREAS IDENTIFIED AS PRIVATE OR PART OF AN ENCLAVE OR PLANNED UNIT DEVELOPMENT, FOREVER ALL STREETS, ALLEYS, PARKS, WATERCOURSES, DRAINS, EASEMENTS AND PUBLIC PLACES THEREON SHOWN FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED. OWNER /DEVELOPER: JEREMIAH BROWN, M.D. EYES RIGHT PROPERTY, LP 17319 IH 35 N., SUITE 303 SCHERTZ, TEXAS 78514 PH: 210 - 693 -1063 STATE OF TEXAS COUNTY OF GUADALUPE BEFORE ME, THE UNDERSIGNED AUTHORITY ON THIS DAY PERSONALLY APPEARED JEREMIAH BROWN KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF , A.D. 2017. NOTARY PUBLIC, GUADALUPE COUNTY, TEXAS THIS PLAT OF VERDE ENTER IM "NEW PARK UNIT " HAS BEEN SUBMITTED TO AND CONSIDERED BY THE CITY PLANNING AND ZONING COMMISSION OF THE CITY OF SCHERTZ, TEXAS AND IS HEREBY APPROVED BY SUCH COMMISSION. DATED THIS DAY OF A.D. 2017 BY: CHAIRPERSON BY: SECRETARY STATE OF TEXAS COUNTY OF GUADALUPE 1, COUNTY CLERK OF GUADALUPE COUNTY, DO HEREBY CERTIFY THAT THIS PLAT WAS FILED FOR RECORD IN MY OFFICE, ON THE DAY OF A.D. AT M. AND DULY RECORDED THE DAY OF A.D. AT M. IN THE DEED AND PLAT RECORDS OF GUADALUPE COUNTY, IN BOOK /VOLUME ON PAGE IN TESTIMONY WHEREOF, WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE, THIS DAY OF A.D 2017. COUNTY CLERK, GUADALUPE COUNTY, TEXAS BY: DEPUTY REPLAT ESTABLISHING VERDE ENTERPRISE BUSINESS PARK UNIT 1214% BEING A 2.822 -ACRE TRACT OF LAND, SITUATED IN THE CITY OF SCHERTZ, LOCATED IN THE TORIBIO HERRRERA SURVEY NO. 68, ABSTRACT NO. 153, GUADALUPE COUNTY, TEXAS AND BEING ALL OF LOT 6, BLOCK 10 OF THE VERDE ENTERPRISE BUSINESS PARK AS RECORDED IN VOLUME 8, PAGE 652 OF THE DEED AND PLAT RECORDS OF GUADALUPE COUNTY, TEXAS. SHEET 2 OF 3 CP 3 Q d- 0 N N i N L0 I t v v QL U Q i CL Q) L� of � U 0 - v o� Z3 a CL v i ,q- N U-) v ao N a� N v i N N Q� U o� o Woo cl\ t ��t °, 70 NE Loop 410 Suite 1100 Z �N San Antonio, Texas 78216 7 SITE www.stantec.com o TBPE No. 6324 T.B.M. 'B" (CP 102) ' 'PK" NAIL SET IN CURB 0 25 50 %5 " 100 LEGEND ELEV. = 789.54' 1 =50' coy • 1/2" IRON ROD FOUND (UNLESS NOTED) `c � 1/2" IRON ROD SET WITH YELLOW CAP "BPI" MARKED (UNLESS NOTED) VICINITY MAP �NAAGNER FAMILY, LTD. Q5 0 50' 100' 150' 200' BENCHMARK SCALE: NOT TO SCALE 1" (VOL, 2902 PG' 210 0•P'R') N- 13766745.840 VOL. VOLUME =100' E= 2195169.289 PG. PAGE S 31'04'13" E ROW RIGHT OF WAY WAAGNER FAMILY, LTD. 206.74' 14' ELEC., GAS, TEL E. DPR DEED AND PLAT RECORDS (VOL, 2902 PG. ( &CABLE TV EASEMENT OF GUADALUPE COUNTY, TEXAS LOT 4 210 O.P.R,) (VOL. 8, PG. 652) OPR OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS BLOCK 10 VERDE ENTERPRISE BUSINESS PARK 3 EFFECTIVE 100 -YEAR FLOODPLAIN UNIT - 12A &- B i M , (VOL. 8 PG. 652 D.P.R.) i a 2 3 U. o LOT 8 ° to BLOCK 10 a 0.872 ACRES cn �'��5� LLI F- o W I M iO�e 2f 4 B W 25.00' 1�4t�� 6g2 LOT 6, BLOCK 10 ACCESS via G > EASEMENT ( VERDE ENTRERPRISE W S 59'50'39" W BUSINESS PARK 2.822 ACRES Z W - 1 N 30'26'51" W 269.84' ( 24.20' STATE OF TEXAS COUNTY OF GUADALUPE —_._----------- - -- — UNIT 12A ccc B VOL, 8, PG, 652 392.07 L4 THE OWNER OF LAND SHOWN ON THIS PLAT, IN PERSON OR THROUGH A W M DULY AUTHORIZED AGENT, DEDICATES TO THE USE OF THE PUBLIC, EXCEPT Z N 30'09'21" W I 3 AREAS IDENTIFIED AS PRIVATE OR PART OF AN ENCLAVE OR PLANNED UNIT — — _ _ — — Z DEVELOPMENT, FOREVER ALL STREETS, ALLEYS, PARKS, WATERCOURSES, = N 30'26'51 W 269.71' o 0) DRAINS, EASEMENTS AND PUBLIC PLACES THEREON SHOWN FOR THE PURPOSE V I S O Q d AND CONSIDERATION THEREIN EXPRESSED. LOT 1, BLOCK 12 LOT 3, BLOCK 12 N a a � VERDE ENTERPRISE VERDE ENTERPRISE = o o OWNER /DEVELOPER: BUSINESS PARK U -10A BUSINESS PARK U- i OA I W ° v JEREMIAH BROWN, M.D. (VOL, 8, PG, 01 1) (VOL. 8, PG. 0] 1) H Q EYES RIGHT PROPERTY, LP LOT 7 ' a 17319 IH 35 N., SUITE 303 SCHERTZ, TEXAS 78514 AREA BEING REPLATfED BLOCK 10 3 W PH: 210- 693 -1063 SCALE: 1"= 100' 1.950 ACRES D ? STATE OF GUADALUPE LOT 6, BLOCK 10, VERDE ENTRERPRISE BUSINESS PARK, AS RECORDED IN VOLUME 8, a T PAGE 652 OF THE OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY TEXAS. r BEFORE ME, THE UNDERSIGNED AUTHORITY ON THIS DAY PERSONALLY 16' WATER EASEMENT co APPEARED JEREMIAH BROWN KNOWN TO ME TO BE THE PERSON WHOSE NAME N IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME I THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF 367.09' A.D. 2017. 632.34' N 30'26'48" W THIS PROPOSED DEVELOPMENT HAS BEEN REVIEWED AND APPROVED I T.B.M. ':4" (CP 10 1) BY THE CIBOLO CREEK MUNICIPAL AUTHORITY (CCMA) FOR 'iDK" NAIL SET IN CURB WASTEWATER TREATMENT PLANT CAPACITY AND EASEMENTS. ALL NOTARY PUBLIC, GUADALUPE COUNTY, TEXAS FEES ARE DUE FOR IMPACT TO THE SYSTEM AT TIME OF CONNECTION ELEV. = 792.99' WILL BE CALCULATED AT SUBMITTAL OF BUILDING PERMIT LOT 3, BLOCK 12 APPLICATION. VERDE ENTERPRISE BUSINESS PARK U—• 10A 1 (VOL, 8, PG, 01 1 ) AGENT FOR CIBOLO CREEK MUNICIPAL AUTHORITY , OWNER: FOCAL POINT NERDS ENTEFIPRISE BUSINESS PARK UNIT 12A PROPERTIES 2, LLC THIS PLAT OF HAS BEEN SUBMITTED TO AND CONSIDERED BY THE CITY PLANNING AND ZONING COMMISSION OF THE CITY (DOC N0. 2015021256 O.P.R.) OF SCHERTZ, TEXAS AND IS HEREBY APPROVED BY SUCH COMMISSION. 1, THE UNDERSIGNED, CITY ENGINEER OF THE CITY OF SCHERTZ, TEXAS DATED THIS DAY OF A.D. 2017 HEREBY CERTIFY THAT THIS SUBDIVISION PLAT CONFORMS TO ALL REQUIREMENTS OF THE SUBDIVISION REGULATIONS OF THE CITY AS TO WHICH THIS APPROVAL IS REQUIRED. BY: SURVEYOR'S NOTES: CHAIRPERSON 1. COORDINATES SHOWN ON THIS PLAT WERE PROVIDED BY STANTEC. CITY ENGINEER 2. PROPERTY CORNERS ARE MONUMENTED WITH CAP OR DISK MARKED BY: "STANTEC" UNLESS NOTED OTHERWISE: SECRETARY 3. DIMENSIONS SHOWN ARE SURFACE. STATE OF TEXAS STATE OF TEXAS COUNTY OF GUADALUPE COUNTY OF BEXAR 4. BEARINGS AND COORDINATES ARE BASED ON THE NORTH AMERICAN DATUM 1983, TEXAS COORDINATE SYSTEM, SOUTH CENTRAL ZONE, I, COUNTY CLERK OF GUADALUPE COUNTY, DO HEREBY CERTIFY I HEREBY CERTIFY THAT PROPER ENGINEERING CONSIDERATION HAS BEEN UTILIZING THE WDS STATEWIDE VRS NETWORK. THAT THIS PLAT WAS FILED FOR RECORD IN MY OFFICE, ON THE DAY OF GIVEN THIS PLAT TO THE MATTERS OF STREETS, LOTS AND DRAINAGE A.D. AT M. AND DULY RECORDED THE DAY OF LAYOUT. TO THE BEST OF MY KNOWLEDGE THIS PLAT CONFORMS TO ALL CPS NOTES: A.D. AT M. IN THE DEED AND PLAT RECORDS OF GUADALUPE COUNTY, IN REQUIREMENTS OF THE UNIFIED DEVELOPMENT CODE, EXCEPT FOR THOSE 1. THE CITY OF SAN ANTONIO AS PART OF ITS ELECTRIC AND GAS SYSTEM (CITY PUBLIC SERVICE BOOK /VOLUME ON PAGE VARIANCES GRANTED BY THE CITY OF SCHERTZ PLANNING AND ZONING BOARD) IS HEREBY DEDICATED THE EASEMENTS AND RIGHTS -OF -WAY FOR ELECTRIC AND GAS IN TESTIMONY WHEREOF, WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE, THIS DAY COMMISSION. DISTRIBUTION AND SERVICE FACILITIES IN THE AREAS DESIGNATED ON THIS PLAT AS "ELECTRIC OF A.D 2017. EASEMENT," "GAS EASEMENT ", "ANCHOR EASEMENT," "SERVICE EASEMENT," "OVERHANG COUNTY CLERK, GUADALUPE COUNTY, TEXAS EASEMENT," "UTILITY EASEMENT," AND "TRANSFORMER EASEMENT" FOR THE PURPOSE OF INSTALLING, CONSTRUCTING, RECONSTRUCTING, MAINTAINING, REMOVING, INSPECTING, PATROLLING, CHANCE KUTAC, P.E. DATE AND ERECTING POLES, HANGING OR BURYING WIRES, CABLES, CONDUITS, PIPELINES OR BY: DEPUTY LICENSED PROFESSIONAL ENGINEER TRANSFORMERS, EACH WITH ITS NECESSARY APPURTENANCES TOGETHER WITH THE RIGHT OF TEXAS REGISTRATION N0. 111527 AND EGRESS OVER DJAYAAREAS, SAND RELOCE SAID REPEAT ESTABLISHING SAID EASEMENT AND RIGHT-OF-WAY TOATREMOVEE STATE of TEXAS COUNTY OF BEXAR FROM SAID LANDS ALL TREES OR PARTS THEREOF, OR OTHER OBSTRUCTIONS WHICH ENDANGER OR MAY INTERFERE WITH THE EFFICIENCY OF SAID LINES OR APPURTENANCES THERETO. IT IS VERDE ENTERPRISE BUSINESS PARK I HEREBY CERTIFY THAT THE ABOVE PLAT CONFORMS TO THE MINIMUM AGREED AND UNDERSTOOD THAT NO BUILDINGS, CONCRETE SLABS, OR WALLS WILL BE PLACED WITHIN SAID EASEMENT AREAS. UNIT 12A STANDARDS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYING ACCORDING TO AN ACTUAL SURVEY MADE ON THE GROUND 2. ANY CPS MONETARY LOSS RESULTING FROM MODIFICATIONS REQUIRED OF CPS ENERGY UNDER MY DIRECT SUPERVISION. EQUIPMENT, LOCATED WITHIN SAID EASEMENT, DUE TO GRADE CHANGES OR GROUND ELEVATION BEING A 2.822 -ACRE TRACT OF LAND, SITUATED IN THE CITY OF SCHERTZ, ALTERATIONS SHALL BE CHARGED TO THE PERSON OR PERSONS DEEMED RESPONSIBLE FOR LOCATED IN THE TORIBIO HERRRERA SURVEY NO. 68, ABSTRACT NO. 153, SAID GRADE CHANGES OR GROUND ELEVATION ALTERATION. GUADALUPE COUNTY, TEXAS AND BEING ALL OF LOT 6, BLOCK 10 OF THE VERDE ENTERPRISE BUSINESS PARK AS RECORDED IN VOLUME 8, PAGE 652 3. THIS PLAT DOES NOT AMEND, ALTER, RELEASE OR OTHERWISE AFFECT ANY EXISTING ELECTRIC, OF THE DEED AND PLAT RECORDS OF GUADALUPE COUNTY, TEXAS. HAL B. LANE, III, R.P.L.S. DATE GAS, WATER, SEWER, DRAINAGE, TELEPHONE, CABLE EASEMENTS OR ANY OTHER EASEMENTS REGISTERED PROFESSIONAL LAND SURVEYOR FOR UTILITIES UNLESS THE CHANGES TO SUCH EASEMENTS ARE DESCRIBED BELOW. TEXAS REGISTRATION NO. 4690 SHEET 3 OF 3 TO: Planning and Zoning Commission 3'f�� .'fTTiTsTiil�ihlNU TT,=I CASE: PC2017 -010 Blackburn Elbel Subdivision - Replat of Lots 1, 2, 4, 5, 6, Block 3 SUBJECT: Hold a public hearing, consider and act upon a request for approval of a replat of the Blackburn Elbel Subdivision, Lots 1, 2, 4, 5, and 6 Block 3. The site is an approximate 5 acres located on the north west corner of the intersection of FM 3009 and Elbel Road, City of Schertz, Guadalupe County, Texas. GENERAL INFORMATION: Owners: Schertz 3009 LTD, Paul Blackburn & Vaquero Schertz Partners, LP, Kyle Barrett Applicant/ Project Engineer: JPH Land Surveying, Inc., Robert Hansen APPLICATION SUBMITTAL DATE: March 13, 2017 June 28, 2017 August 16, 2017 August 25, 2017 September 5, 2017 (Original Application) (Revised Submittal) (Revised Submittal) (Revised Submittal) (Revised Submittal) ITEM SUMMARY: The original Blackburn Elbel Subdivison established three (3) buildable lots and was approved in July 2007. A replat to further subdivide the lots, creating six (6) buildable lots, was approved by the Planning & Zoning Commission on February 24, 2010 and it was recorded on March 11, 2010. This replat request is to combine some of the existing lots to establish a total of three (3) buildable lots. The lots proposed are Lot 7 (1.47 acres), Lot 8 (1.47 acres), and Lot 9 (0.571 acres). The property is zoned Neighborhood Services (NS). GENERAL LOCATION AND SITE DESCRIPTION: The subject property is currently undeveloped and is located immediately north west of the intersection of FM 3009 and Elbel Road. ACCESS AND CIRCULATION: Access to the proposed lots will be via two access easements with one easement that takes access off Elbel Road and the other taking access off FM 3009. TREE MITIGATION AND PRESERVATION: The applicants will be responsible for complying with Unified Development Code (UDC), Section 21.9.9 Tree Preservation and Mitigation. The tree affidavits submitted by both property owners indicate that there are no existing protected or heritage trees onsite. PUBLIC SERVICES: The site is serviced by Schertz water and sewer, GVEC, AT &T, and Spectrum (Time Warner Cable). PUBLIC IMPROVEMENTS AND SERVICES: All public improvements required for this subdivision are required to be installed prior to recording of the final plat of each Unit per UDC, Section 21.4.15., unless otherwise specified in an approved development agreement. Engineering has reviewed and approved the public improvement construction plans. Water and Sewer: There are existing 12" water lines that run along Elbel Road and FM 3009 and for sewer, there is an existing 8" sewer line along Elbel Road that the subdivision will extend and tie into. A private water easement is proposed from FM 3009 to proposed Lot 9 and public infrastructure improvements will involve installation of sleeves so that there will be minimal disruption to existing development when future water lines are installed for Lot 9. Drainage: The applicant will be responsible for all drainage associated with the subject property, and for compliance with the Storm Water regulations. A stormwater management plan has been reviewed and approved. Sidewalks Hike and Bike Trails: Sidewalks already exist along Elbel Road and FM 3009, Road Improvements: No right -of -way dedications or roadway improvements are required. There is an existing driveway off FM 3009 and an existing driveway off Elbel Road that future interior drive aisles will be aligned with as development occurs. STAFF ANALYSIS AND RECOMMENDATION: The replat is consistent with applicable requirements for the property, ordinances and regulations. It has been reviewed by the City Engineer, Public Works, Parks, Inspections, and Fire with no objections. The plat is consistent with all applicable zoning requirements, ordinances and regulation of the City. Staff recommends approval of the replat. Planning Department Recommendation X Approve as submitted Approve with conditions* Denial * While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC. COMMISSIONERS CRITERIA FOR CONSIDERATION: The Planning and Zoning Commission shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 and is the final approval authority of the proposed replat. In considering final action on a replat, the Commission should consider the criteria within UDC, Section 21.12.13 E. Attachments: Aerial Map Exhibit W VICINITY MAP (NOT TO SCALE) Variable Width Access and Drainage Easement Curve and Line Data Tables Owner: Schertz 3009, LTD., a Texas limited partnership 8100 Broadway, Ste 100 San Antonio, TX 78209 (210) 828 -7654 Owner: Vaquero Schertz Partners, LP 3211 West 4th Street Fort Worth, TX, 76107 (979) 229 -4346 Engineer: ALI Lindsey, LLC 5629 FM 1960 West, Suite 314 Houston, TX 77069 (281) 301 -5955 \ Ic 0G Gov 0. N \ 3��s�� v\ 10, Og c�0�o Gov o 03 0- w / °��w 933 FM 009, VOLUME 4112, PAGE 59 �1 1 / �� O.P.R.G.C.T. o �O Csti G S / „ �� / 0�3 X11 �' �� LOT 3, BLOCK 3 O� - �o�gSS FINAL VACATE AND REPLAT ESTABLISHING / BLACKBURN ELBEL SUBDIVISION / (� / \ s VOLUME 7, PAGE 602 Vil LOT 9, A o.P.R.G.C.T. BLOCK 3 �� / �5� °tip 0.571 ACRE 4 � � -�o �� TBM MNS 709.61/ SX 1 a � o� 1p� ,• �'� / / Curve Data Table Curve # Arc Radius Delta Chord Bearing Chord Cl 14.22' 25.00' 032 °35'17" S44 °54'51 "E 14.03' C2 38.19' 23.00' 095 °08'11" S77 °07'52 "E 33.95' C3 28.27' 18.00' 090 °00'00" S14 °32'31 "W 25.46' Line Data Table Line # Distance Bearing L2 57.58' S59 °29'58 "W L3 15.80' S19 °15'11 "E L4 25.85' N59 °12'00 "E E X11 e �' oiz / Legend of Line work - - Deed lines and or adjoiner lines Easement lines �o O �y 'YO . Easement Hatching L= 6.94', R= 2924.79' A=000008'10" S22 058'06 "E -6.94' G 'Y G �y d °o O� 7A / �\ BLOCK 3 \ 1.472 ACRE L= 243.91', R= 2934.79' `p \ 100 V �� G�� ' A= 004 045'43" ��`�� ti� S27 001'04 "E - 243.84' s Scale: 1 " =50' N30 027'29 "W \ �`� �� 581.18' 16O� \ LOT 7, v / O � � �77 \ \ \ 0 \ \ BLOCKS d� 1.474 ACRE a C V' 29. h h o rh ti 4¢ 1 o�� SS3 till �p / 0 o / 0. / / p� d 1 yG�3 ��g��s� i �o �°ti�c� g. 25' WATER EASEMENT ABANDONED BY THIS PLAT Blackburn Elbel Subdivision Volume 7, Page 602, I O.P.RG.C.T. I PORTION OF VARIABLE WIDTH L� �� INGRESS/EGRESSEASEMENT O ABANDONED BY THIS PLAT Blackburn Elbe] Subdivision Volume 7, Page 602, o P.R.G.C.T. v o `S 1' 3 0 150 6 0�y Scale: I"=150' s V " AREA BEING REPLATTED I 3.517 ACRES OF LAND PREVIOUSLY PLATTED AS LOTS 1, 2, 4, 5 AND 6, BLOCK 3 OF THE FINAL VACATE AND REPEAT ESTABLISHING BLACKBURN ELBEL SUBDIVISION AS SHOWN ON THE PLAT RECORDED IN VOLUME 7, PAGE 602 OF THE OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS. Easement Abandonment Curve and Line Data Tables Curve Data Table Curve # Arc Radius Delta Chord Bearing Chord C5 34.25' 25.00' 078 °29'12" N20 °14'45 "E 31.63' C6 19.65' 100.00' 011 °15'33" S24 °11'38 "E 19.62' Line Data Table Line # Distance Bearing L5 75.40' N59 °32'46 "E L6 30.00' N59 °32'46 "E L7 137.86' N30 °30'11 "W L8 221.74' N19 °15'11 "W L9 45.77' S59 °29'58 "W L10 255.43' S19 °15'11 "E L11 105.31' S30 °30'11 "E REPLAT OF BLACKBURN ELBEL SUBDIVISION ESTABLISHING LOT 7, LOT 8 & LOT 9, BLOCK 3 Being 3.517 acres situated in the Genobera Malpaz Survey, Abstract No. 221, City of Schertz, Comprised of Lot 7 (1.474 acre), Lot 8 (1.472 acre) and Lot 9 (0571 acre) previously platted as Lots 1, 2, 4, 5 and 6, Block 3 of the Final Vacate and Replat establishing Blackburn Elbel Subdivision as shown on the Plat recorded in Volume 7, Page 602 of the Official Public Records of Guadalupe County, Texas. Guadalupe County, Texas AUGUST 23, 2017 THE STATE OF TEXAS COUNTY OF GUADALUPE I , COUNTY CLERK OF SAID COUNTY, _ DO HEREBY CERTIFY THAT THIS PLAT WAS FILED FOR RECORD IN MY OFFICE ON THE DAY OF A.D. 2017 AT M, AND DULY RECORDED THE DAY OF A.D. 2017 AT M IN THE RECORDS OF GUADALUPE COUNTY, IN VOLUME ON PAGE IN TESTIMONY WHEREOF, WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE THIS DAY OF A.D. 2017, COUNTY CLERK, GUADALUPE COUNTY, TEXAS. BY DEPUTY i VICINITY MAP (NOT TO SCALE) Surveyor's Notes & general Plat notes: Owner: Schertz 3009, LTD., a Texas limited partnership 8100 Broadway, Ste 100 San Antonio, TX 78209 (210) 828 -7654 Owner: Vaquero Schertz Partners, LP 3211 West 4th Street Fort Worth, TX, 76107 (979) 229 -4346 Engineer: ALJ Lindsey, LLC 5629 FM 1960 West, Suite 3 t4 Houston, TX 77069 (281) 301 -5955 1. Benchmarks: Elevations are based on NAVD 1988 per GPS observations using the Texas RTK Network. The site benchmark is a mag nail with washer stamped " JPH LAND SURVEYING" set in westerly edge of concrete approximately 450' north by northeasterly from the intersection of Elbel Road and the access road for Elbel Blackburn Subdivision. Elevation = 709.61' 2. This property lies within Zone "X" of the Flood Insurance Rate Map for Guadalupe County, Texas and Incorporated Areas, map no. 48187CO210F, dated November 2, 2007, via scaled map location and graphic plotting and /or via the National Flood Hazard Layer (NFHL) Web Map Service (WMS) http: / /hazards.fema.gov 3. Plat establishing three (3) buildable lots. 4. All open space, common areas, greenbelts, easements or other areas identified as private shall be the responsibility of owner or owners successors and or /assigns provided such successor or assigns provided such successor or assign is approved by the City. 5. NOTICE: Selling a portion of this addition by metes and bounds is a violation of city ordinance and state law and is subject to fines and withholding of utilities and building permits. 6. All easements shown hereon without recording information are dedicated by this plat. TxDOT Notes: (1) For residential development directly adjacent to state right of way, the developer shall be responsible for adequate set -back and /or sound abatement measures for future noise mitigation. (2) If sidewalks are required by appropriate city ordinance, a sidewalk permit must be approved by TxDOT prior to construction within state right -of -way. Locations of sidewalks within state right -of -way shall be directed by TxDOT. (3) Any traffic control measures (left -turn lane, signal, etc.) for any access fronting a state maintained roadway shall be the responsibility of the developer /owner. (4) Maximum access points to State highway from this property will be regulated as directed by "Access Management Manual ". This property is eligible for a maximum combined total of one(1) existing shared access point along FM 3009 based on the overall platted highway frontage of 410.44' (feet) . GUADALUPE VALLEY ELECTRIC COOP, INC. NOTES: GVEC TO HAVE A 5' WIDE EASEMENT ON ALL ROAD CROSSINGS IN WHICH ELECTRIC OR COMMUNICATION LINES ARE LOCATED. WHERE UNDERGROUND SERVICES ARE UTILIZED GVEC WILL POSSESS A 5 -FOOT WIDE EASEMENT TO THE SERVICE METER LOCATION. EASEMENT TO FOLLOW SERVICE LINE AND WILL VARY DEPENDING ON LOCATION OF BUILDING OR STRUCTURE. ALL EXISTING GVEC OVERHEAD LINES POSSESS A 30' CENTERLINE EASEMENT, 15' EACH SIDE OF LINE. ALL UTILITY EASEMENTS ARE FOR THE CONSTRUCTION, MAINTENANCE (INCLUDING BUT NOT LIMITED TO REMOVAL OF TREES AND OTHER OBSTRUCTIONS), READING OF METERS, AND REPAIR OF ALL OVERHEAD AND UNDERGROUND UTILITIES. THIS REPLAT OF BLACKBURN ELBEL SUBDIVISION SUBMITTED TO AND APPROVED BY GUADALUPE VALLEY ELECTRIC COOPERATIVE, INC. FOR EASEMENTS. AGENT FOR GUADALUPE VALLEY ELECTRIC COOP., INC. THE STATE OF TEXAS COUNTY OF I THE UNDERSIGNED, A REGISTERED PROFESSIONAL ENGINEER IN THE STATE OF TEXAS, HEREBY CERTIFY THAT PROPER ENGINEERING CONSIDERATION HAS BEEN GIVEN THIS PLAT.. REGISTERED PROFESSIONAL ENGINEER THE STATE OF TEXAS COUNTY OF SWORN TO AND SUBSCRIBED BEFORE ME THIS THE A.D. 20 NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS STATE OF TEXAS COUNTY OF DAY OF WE, THE UNDERSIGNED, OWNERS OF LOT 7,8 AND 9 SHOWN ON THIS PLAT, AND DESIGNATED HEREIN AS REPLAT OF BLACKBURN ELBEL SUBDIVISION ESTABLISHING LOT 7, LOT 8 & LOT 9, BLOCK 3 TO THE CITY OF SCHERTZ, TEXAS, AND WHOSE NAME IS SUBSCRIBED HERETO, HEREBY DEDICATES TO THE USE OF THE PUBLIC FOREVER ALL STREETS, ALLEYS, PARKS, WATER COURSES, DRAINS, EASEMENTS AND PUBLIC PLACES THEREON SHOWN FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED. PAUL BLACKBURN, 8100 BROADWAY ST. #205, SAN ANTONIO, TEXAS 78209, TEL. NO. (210) 828 -7654, SCHERTZ 3009, LTD. ITS MANAGING MEMBER THE STATE OF TEXAS COUNTY OF BEFORE ME, THE UNDERSIGNED AUTHORITY ON THIS DAY PERSONALLY APPEARED PA UL BLACKBURN KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND CONSIDERATION THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE THIS DAY OF 2017. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS REPLAT HAS BEEN REVIEWED AND APPROVED BY THE CIBOLO CREEK MUNICIPAL AUTHORITY (CCMA) FOR WASTEWATER TREATMENT PLANT CAPACITY AND EASEMENTS. ALL FEES DUE FOR IMPACT TO THE SYSTEM AT TIME OF CONNECTION WILL BE CALCULATED AT SUBMITTAL OF BUILDING PERMIT APPLICATION. AGENT FOR CIBOLO CREEK MUNICIPAL AUTHORITY I, UNDERSIGNED, CITY ENGINEER OF THE CITY OF SCHERTZ, TEXAS HEREBY CERTIFY THAT THIS SUBDIVISION PLAT CONFORMS TO ALL REQUIREMENTS OF THE SUBDIVISION AND THE CITY AS TO WHICH THIS APPROVAL IS REQUIRED. CITY ENGINEER I, THE UNDERSIGNED, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF TEXAS, HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY MADE UNDER MY SUPERVISION ON THE GROUND. PRELIMINARY: THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT, RELEASED FOR REVIEW TO THE CITY OF SCHERTZ ON AUGUST 23, 2017. REGISTERED PROFESSIONAL LAND SURVEYOR, NO. 6439 THE STATE OF TEXAS COUNTY OF SWORN TO AND SUBSCRIBED BEFORE ME THIS THE DAY OF A.D. 20 NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS VAQUERO SCHERTZ PARTNERS, LP, A TEXAS LIMITED PARTNERSHIP BY: VAQUERO VENTURES MANAGEMENT, LLC, GENERAL PARTNER BY: MANAGER W.A. LANDRETH VAQUERO VENTURES MANAGEMENT, LLC 3211 WEST 4TH STREET FORT WORTH, TX 76107 (979) 229 -4346 THE STATE OF TEXAS COUNTY OF BEFORE ME, THE UNDERSIGNED AUTHORITY ON THIS DAY PERSONALLY APPEARED W.A. LANDRETH KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND CONSIDERATION THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF THIS OFFICE THIS DAY OF 2017. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS THIS REPLAT OF BLACKBURN ELBEL SUBDIVISION ESTABLISHING LOT 7, LOT 8, & LOT 9 OF BLOCK 3 HAS BEEN SUBMITTED TO AND CONSIDERED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF SCHERTZ, AND IS HEREBY APPROVED BY SUCH COMMISSION. DATED THIS DAY OF Ii I: A.D. 20 CHAIRMAN SECRETARY REPLAT OF BLACKBURN ELBEL SUBDIVISION ESTABLISHING LOT 7, LOT 8 & LOT 9, BLOCK 3 Being 3.517 acres situated in the Genobera Malpaz Survey, Abstract No. 221, City of Schertz, Comprised of Lot 7 (1.474 acre), Lot 8 (1.472 acre) and Lot 9 (0.571 acre) previously platted as Lots 1, 2, 4, 5 and 6, Block 3 of the Final Vacate and Replat establishing Blackburn Elbel Subdivision as shown on the Plat recorded in Volume 7, Page 602 of the Official Public Records of Guadalupe County, Texas. Guadalupe County, Texas AUGUST 23, 2017 THE STATE OF TEXAS COUNTY OF GUADALUPE I , COUNTY CLERK OF SAID COUNTY, DO HEREBY CERTIFY THAT THIS PLAT WAS FILED FOR RECORD IN MY OFFICE ON THE DAY OF A.D. 2017 AT M, AND DULY RECORDED THE DAY OF A.D. 2017 AT M IN THE RECORDS OF GUADALUPE COUNTY, IN VOLUME ON PAGE IN TESTIMONY WHEREOF, WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE THIS DAY OF A.D. 2017, COUNTY CLERK, GUADALUPE COUNTY, TEXAS. :' DEPUTY TO: Planning and Zoning Commission Lesa Wood, Director of Planning & Community Development PREPARED BY: Emily Grobe, Planner CASE: ZC2017 -003 — Article 1 General Provisions — UDC Amendment SUBJECT: Hold a public hearing, consider and make a recommendation on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 1 General Provisions. GENERAL INFORMATION: As stated in the UDC, City Council from time to time, on its own motion, or at the recommendation of City Staff make amendments, change or modify text to any portion of the UDC to establish and maintain sound stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals and State and Federal regulations. Based on the update to the Comprehensive Land Use Plan and changes in development it has becomes necessary to update the UDC. In 2014 City staff met with both the Planning & Zoning Commission as well as the City Council regarding updates to this article. Staff was given the directive to proceed with updates and seek legal counsel review. At the beginning of 2017 full review of the amendment was started again between planning staff and legal. The majority of this article has remained the same as previously presented with minor changes per legal request. This amendment was drafted by Planning Staff and reviewed by the City Attorney (Daniel Santee, Denton Navarro Rocha Bernal & Zech). PROPOSED AMENDMENTS: • Minor text amendments have been made to a reference to the Master Thoroughfare Plan and to refine language to be consistent with the Texas Local Government Code (LGC). This includes the elimination of the Sections related to Minimum Requirements; Effective Date; and Severability. • Sec. 21.1.4 Jurisdiction was modified in order to provide consistency with LGC as well as a list of Articles that will assist both the public and staff to understand what portions of the UDC apply to properties located in the Extraterritorial Jurisdiction (ETJ). • Sec. 21.1.5 Consistency with the Comprehensive Land Use Plan (CLUP) was modified to remove text that exists in the CLUP to eliminate any conflict with the UDC. • Sec. 21.1.6 Vested Rights "Issuance of Local Permits" was modified to include definitions, a procedure to claim vested rights, obtain a determination, and provide the right to appeal the determination to the City Council. Over the last few years City Staff has had several cases where developers have requested vested rights on a project and State Law provides landowners or developers an opportunity to vest (grandfather) regulations that apply to their project. The UDC has an existing section regarding vested rights but with the increased requests the modification to include procedures and expiration dates will assist in processing a request. STAFF RECOMMENDATION: Staff recommends the approval of the amendment to the Unified Development Code (UDC), Article 1 — General Provisions as presented. M1(1( 0► : : : G e] :4141IR Ril 1 :- fieR The Planning and Zoning Commission in making a recommendation to City Council on the proposed Unified Development Code Amendment. In considering action on a UDC Amendment, the Commission should consider the criteria within UDC, Section 21.4.7 D. Attachments: Currently adopted - Article I — General Provisions Draft — Article I — General Provisions iN Article 1 — General Provision ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . . Schertz Unified Development Code Article 1 General Provisions See. 21.1.1 Short Title Chapter 21 of the City of Schertz Code of Ordinances shall be known and may be cited as the Unified Development Code of the City of Schertz, Texas or simply as the Unified Development Code or the UDC. See. 21.1.2 Purpose and Intent This UDC is adopted to: • protect, promote, improve and provide for the public health, safety and general welfare of the citizens of the City; • ensure the safe, orderly and efficient development and expansion of the City in accordance with and pursuant to its Comprehensive Land Plan; • conserve, develop, protect and utilize natural resources, in keeping with the public interest; • prevent the overcrowding of land and avoid undue concentration or diffusion of population; • protect and conserve the value of land throughout the City and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings; • provide for open space; • minimize pollution of air and water, assure the adequacy of drainage facilities, safeguard water resources and preserve the integrity and aesthetic quality of the community; • lessen congestion in the streets and provide convenient, safe and efficient circulation for vehicular and pedestrian traffic; and • facilitate the adequate and efficient provision of transportation, water, wastewater, schools, parks, public safety and recreational facilities, and other public facilities and services. See. 21.1.3 Autho This UDC is adopted pursuant to the powers granted to the City and subject to any limitations imposed by the constitution and other laws of the State of Texas and the City Charter. Updated 8/11/15 1 -1 Article 1 — General Provision ................................... ............................... Schertz Unified Development Code Sec. 21.1.4 Jurisdiction The provisions of this UDC apply to all property within the corporate limits of the City and generally to all lands subject to its jurisdiction as conferred by State law. A. Jurisdiction within City Limits The City has the statutory authority to exercise a broad range of powers within its corporate boundaries and its extraterritorial jurisdiction. Many of those powers are specifically authorized by Chapters 211, 212, and 216 of Texas Local Government Code, as amended (LGC). Pursuant to such authority, all sections of the UDC shall apply to all areas within the City limits of Schertz. All structures, land uses, businesses, subdivisions, or property development constructed or commenced after the effective date of this UDC and all enlargements of, additions to, changes in, reductions to or relocations of existing structures, land uses, businesses, subdivisions, or property developments occurring after the effective date of this UDC are therefore subject thereto. B. Jurisdiction within Extraterritorial Jurisdiction The City extends to its extraterritorial jurisdiction (ETJ) the regulation of subdivisions and property development adopted under LGC Chapter 212. The City also extends to its ETJ the authority to regulate signage as adopted under LGC Chapters 21.6, 245, and 43. However, unless otherwise authorized by State law, within its ETJ, the City may not regulate: 1. the use of any building or property for business, industrial, residential, or other purposes; 2. the bulk, height, or number of buildings constructed on a particular tract of land; 3. the size of a building that can be constructed on a particular tract of land, including without limitation any restriction on the ratio of building floor space to the land square footage; 4. the number of residential units that can be built per acre of land; or 5. the size, type, or method of construction of a water or wastewater facility that can be constructed to serve a developed tract of land if: a. the facility meets the minimum standards established for water or wastewater facilities by state and federal regulatory entities; and b. the developed tract of land is: i. located in a county with a population of 2.8 million or more; and ii. served by: Updated 8 /11/15 1 -2 Article 1 — General Provision ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . . Schertz Unified Development Code (a) on -site septic systems constructed before September 1, 2001, that fail to provide adequate services; or (b) on -site water wells constructed before September 1, 2001, that fail to provide an adequate supply of safe drinking water. Sec. 21.1.5 Consistency with Comprehensive Land Plan This UDC is intended to implement the policies and objectives contained in the Comprehensive Land Plan and Master Thoroughfare Plan for the City and to affect the City's plan for provision of public facilities and service within the City limits and within the City's ETJ. Any application for development shall be consistent with the City's Comprehensive Land Plan and Master Thoroughfare Plan, as amended from time to time. The following General Land Use Policies have been used in the development of this UDC in order to ensure that land development within the City's jurisdictional area is in accordance with the City's Comprehensive Land :Plan and Master Thoroughfare Plan. These policies act as a guideline and should not be construed as development regulations. A. Growth Management 1. New development should be compatible with existing development and community character. 2. New development should maintain the character, look and feel of the City. 3. New development should occur in a fiscally responsible manner for the City. B. Environmental Protection 1. Development should preserve and protect waterways and floodplains. 2. Development should preserve and protect surface and ground water resources and hydrologically- active areas. 3. Developers should cooperate with local governmental entities to ensure water quality. 4. Development should promote and encourage water conservation practices. 5. Development should preserve and protect air quality. 6. Development should seek public acquisition of open space or develop conservative development options for areas of environmental concern. 7. Agricultural and ranch lands should be priority areas for open space preservation. The City is interested in preserving natural open space areas. Updated 8/11/15 1 -3 Article 1 — General Provision ................................... ............................... Schertz Unified Development Code 8. Development should promote awareness and implementation of Best Management Practices (BMPs) for purposes of water quality and land conservation (e.g., increase awareness of the impacts of the use of certain pesticides on the drinking water supply). C. Housing 1. Development should provide housing alternatives for all income levels within the City's jurisdictional area. 2. Development should encourage housing that is compatible with existing neighborhoods and land uses. 3. Development should promote cluster development when and where appropriate. D. Economic Development 1. Development should promote economic development opportunities along 1 -35 and 1 -10 and along major arterials such as FM 3009, Schertz Parkway, FM 1518 and FM 78. 2. Development should promote economic development consistent with other land use policies. 3. Development should promote quality development that is compatible with neighboring areas. E. Historic Preservation 1. Development should preserve and enhance historic areas and sites throughout the City's jurisdictional area. 2. Development should preserve significant archaeological sites throughout the City's jurisdictional area. 3. Development should use community history to promote tourism and economic development. F. Parks and Recreation 1. Development should connect existing and future parks in accordance with the City's Parks and Open Space Master Plan. 2. Development should provide and preserve open space and parkland in new neighborhoods and associated with new schools. 3. Development should encourage maintenance and safety of parks and recreation resources. Updated 8/11/15 1 -4 Article 1 — General Provision ................................... ............................... Schertz Unified Development Code G. Circulation 1. Development should improve access to major thoroughfares identified by the City. 2. Development should encourage streets and street network designs to be interconnected to provide ample, safe, and appropriately scaled access through and between neighborhoods and to commercial centers. 3. Development should provide safe and efficient vehicular connectivity. 4. Development should provide for safe and effective hike and bike trails. 5. Development should ensure that access is safely managed and integrated into land use and site designs. 6. Development should encourage adequate parking and layouts of parking to be provided for new commercial, office and retail development, provided that the parking fields do not deter ease of pedestrian access into and through new developments, and do not deter or detract from community character. 7. Development should provide for safe and ample pedestrian connectivity throughout new and/or existing developments, including schools, park sites, and commercial areas. H. Urban Design 1. Development should encourage and provide incentives for blending of land uses and mixed -use development. 2. Development should utilize streetscape design criteria to encourage safe and desirable pedestrian access and community attractiveness. 3. Development should utilize appropriate building area and bulk regulations, configurations, project scales and architectural design for new developments within the community. 4. Signage should not detract from the visual integrity of the community. 5. Lighting associated with signage, buildings or area -wide development should not pose a safety or environmental concern, and should be addressed in an aesthetically pleasing manner, when possible and appropriate — particularly as it relates to the impact on existing or new residential development. Updated 8/11/15 1 -5 Article 1 — General Provision ................................... ............................... Schertz Unified Development Code 1. Civic and Public Spaces 1. Civic buildings and civic spaces should be given prominent sites. 2. Elementary school sites should be provided as new neighborhood developments are approved, so as to be within walking distance of a majority of the dwelling units in adjoining neighborhoods. This should be coordinated with the appropriate school district. Sec. 21.1.6 Vested Rights "Issuance of Local Permits" Property owners who have filed a completed application or have obtained approval of any project or permit prior to the effective date of this UDC shall be considered in compliance with LGC Chapter 245. Sec. 21.1.7 Apportionment of Municipal Infrastructure Costs A. If the City requires as a condition of approval for a property development project that the developer bear a portion of the costs of municipal infrastructure improvements by the making of dedications, the payment of fees, or the payment of construction costs, the developer's portion of the costs may not exceed the amount required for infrastructure improvements that are roughly proportionate to the proposed development as approved by a professional engineer who is licensed in the State of Texas, and is retained by the municipality. B. A developer who disputes the determination made under Subsection (a) may appeal to the governing body of the municipality. At the appeal, the developer may present evidence and testimony under procedures adopted by the City Council. After hearing any testimony and reviewing the evidence, the City Council shall make the applicable determination within thirty (30) days after the final submission of any testimony or evidence by the developer. C. A developer may appeal the determination of the City Council to a county or district court of the county in which the development project is located within thirty (30) days after the final determination by the City Council. D. The City may not require a developer to waive the right of appeal authorized by this section as a condition of approval for a development project. E. A developer who prevails in an appeal under this section is entitled to applicable costs and to reasonable attorney's fees, including expert witness fees. Sec. 21.1.8 Minimum Requirements A. The provisions of this UDC shall be interpreted and applied as the minimum requirements for the promotion of public health, safety and general welfare. Updated 8/11/15 1 -6 Article 1 — General Provision ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . . Schertz Unified Development Code B. Whenever the requirements of this UDC are in conflict with the requirements of any other lawfully adopted rules, regulations, codes, or ordinances, the requirement that is most restrictive or that imposes the higher standards, as determined by the City Manager or his /her designee shall apply. C. The issuance of any permit, certificate or approval in accordance with the standards and requirements of this UDC shall not relieve the recipient of such permit, certificate or approval from the responsibility of complying with all other applicable requirements of any other municipality, county, special district, State or Federal agency having jurisdiction over the structures or land uses for which the permit, certificate or approval was issued. Sec. 21.1.9 Effective Date This UDC amends and restates the original Unified Development Code of the City, which had an effective date of September 3, 1996. . This amended and restated UDC shall take effect upon adoption by the City Council on April 13, 2010 as reflected on the cover page hereof. Except as otherwise provided in this UDC, on the effective date and thereafter, this UDC shall supersede all prior development regulations governing the development of land within the City and its ETJ. All development applications and proposals filed on or after the effective date of this UDC, whether for new developments or amendments to plats and plans shall be required to meet the standards of this UDC and shall be processed in accordance with the procedures herein. Sec. 21.1.10 Severability All sections, paragraphs, sentences, clauses, and phrases of this UDC are severable, and if any such section, paragraph, sentence, clause or phrase is declared unconstitutional or otherwise invalid in any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not cause any remaining section, paragraph, sentence, clause, or phrase of this UDC to fail or become invalid. Sec. 21.1.11 Violations and Penalties Any person, firm or corporation who shall violate any of the provisions of this UDC or fails to comply therewith or who shall violate or fail to comply with any order or regulation made hereunder, or who shall build in violation of any detailed statement of specification of plans submitted and approved hereunder, or any certificate or permit issued hereunder, shall, for each and every violation and noncompliance respectively be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed two thousand dollars ($2,000) or the appropriate legal maximum. In the case of a violation of section 21.9.9, the penalty shall be the sum as determined above plus the value of the tree as determined by a certified arborist hired by the City. Each and every day that such violation and /or noncompliance shall exist shall be deemed a separate offense. In case any person, firm or corporation violates any of the provisions of this UDC or fails to comply therewith, the City, in addition to imposing the penalties above provided may institute any appropriate action or proceedings in court to prevent, restrain, correct, or abate or to prevent any illegal act, conduct, business, or use in or about any land, and the definition of any violation of the terms of this UDC as a misdemeanor, shall not preclude the Updated 8/11/15 1 -7 Article 1 — General Provision ................................... ............................... Schertz Unified Development Code City from invoking the civil remedies given it by law in such cases, but same shall be cumulative of and in addition to the penalties prescribed for such violation. Sec. 21.1.12 Validity The issuance or granting of a permit or approval of plans or plats, site or facility designs, or specifications shall not be construed to be a permit for, or an approval of, any violation of any provision of this UDC or any other City ordinance. No permit purporting to give authority to violate or cancel the provisions of this UDC shall be valid, except insofar as the work or use that it authorizes is lawful and conforms to the requirements of this UDC or a variance, exception, or modification granted pursuant to this UDC. End of Article 1 Updated 8 /11/15 1 -8 Article 1 General Provisions Sec. 21.1.1 Short Title Chapter 21 of the City of Schertz Code of Ordinances shall be known and may be cited as the Unified Development Code of the City of Schertz, Texas or simply as the Unified Development Code or the UDC. Sec. 21.1.2 Purpose and Intent This UDC is adopted to: • protect, promote, improve and proN general welfare of the citizens of the • ensure the safe, orderly and efficiei City in accordance with and pursu and Master Thoroughfare Plan; • conserve, develop, protect and utili the public interest; • prevent the overcrowding of land diffusion of population; public health, safety and °velopment and expansion of the to its ComtDrehensive Land Plan. resources, in keeping with uses of land and buildings; undue concentration or the City and the value and to minimize the • minimize pollution of air and water, assure the adequacy of drainage facilities, safeguard water resources and preserve the integrity and aesthetic quality of the community; • lessen congestion in the streets and provide convenient, safe and efficient circulation for vehicular and pedestrian traffic; and • facilitate the adequate and efficient provision of transportation, water, wastewater, schools, parks, public safety and recreational facilities, and other public facilities and services. See. 21.1.3 Authoritv This UDC is adopted pursuant to the powers granted to the City and subject to any limitations imposed by the constitution and other laws of the State of Texas and the City Charter. See. 21.1.4 Jurisdiction The provisions of this UDC apply to all property within the corporate limits of the City and in the Extraterritorial Jurisdiction (ETJ) as listed in part B below. I1 Jurisdiction within City Limits The City has the statutory authority to exercise a broad range of powers within its City limits. Many of those powers are specifically authorized by Chapters 211, 212, and 216 of Texas Local Government Code, as amended (LGC). All provisions of this UDC apply within the City limits. Jurisdiction within Extraterritorial J The City extends to its ETJ the development adopted under LGt its ETJ its authority to regulate 216, 245, and 43 in its ETJ The following Articles of 1. Article 1 — G 2. Article 3 — B 3. Article 4 — P 4. Article 9 — 6. Article 11 7. Article 1.3 8. Article 14 9.i Article 15 10. Article 16 Sec. 21.1.5 Consistency Thoroughfare Plan This UDC is intended to Comprehensive Land Plan a adequate and necessary pubt Sec. 21.1.6 Vested A. Introduction on of subdivisions and property -r 212. The City also extends to as adopted under LGC Chapters apply within the ids and Commissions edures and Application: ;c. 21.9.10 Parkland 21.9.11 Lighting and G ns and Advertising Dev id DisturbinL, Activities Open. Space Dedication. Standards Land Plan and Master iplement the policies and objectives contained in the I Master Thoroughfare Plan for the City and provide for facilities and service. is "Issuance of Local Permits" LGC Chapter 245 — Issuance of Local Permits, commonly referred to as the State's "Vested Rights Law ", provides an opportunity for landowners or developers to "grandfather" or "vest" government regulations that apply to development at the time of the filing of a permit application. The City has established in this section an administrative procedure for consideration of any claim of a vested right. B. Definitions The following terms shall have the meaning hereinafter ascribed to them under this section: "LGC" means the Texas Local Government Code. "Project" means an endeavor over which the City (a regulatory agency, as defined by LGC Chapter 245) exerts its jurisdiction and for which one or more permits are required to initiate, continue, or complete the endeavor. "Permit" means a license, certificate, approval, registration, consent, permit, contract, or other agreement for construction related to, or provisions of, service from a water or wastewater utility owned, operated, or controlled by the City, or other form of authorization required by law, rule, regulation, order or ordinance that a person must obtain to perform an action or initiate, continue, or complete a Project for which the permit is sought. (i.e. master plan, preliminary plat or final plat)! C. Administrative Procedure for Claim of Vested Rights Any property owner claiming vested rights under Chapter 245 of the LGC, or other applicable vesting law, shall submit a letter explaining in sufficient detail the basis upon which the property owner is claiming vesting and, consequently, is exempt from or not subject to a particular current regulation, ordinance, rule, expiration date, or other requirement. Such written submission shall include, at a minimum, the following: 1. The name, mailing address, and telephone number of the property owner (or the property owner's duly authorized agent); 2. Identification of the property, including the address (if it exists) and the plat reference (if it exists) or metes and bounds (if not platted), for which the property owner claims a vested right; name, type of Permit and date the Permit was filed; 4. If a property owner claims that certain regulations do not apply to the Project, the property owner must identify, with particularity, all requirements that the property owner claims do not apply; and 5. Attach all supporting documents, if any. The letter should be addressed to the Planning and Community Development Department — Planning Division. D. Vested Rights Determination. The Planning Division will review the request and supporting documents and issue a final administrative determination of whether a vested right exists in relation to the Project, and shall identify in writing to the E F property owner all claims for which vested rights have been granted (the "Vested Rights Determination "). Appeal of Vested Right's Determination. If the property owner believes that the Vested Rights Determination is in error, the property owner shall have the right to appeal such Vested Rights Determination to the City Council, which will have jurisdiction to hear and decide the appeal pursuant to the UDC and LGC Chapter 245 — Municipal Zoning Authority. Recognition of Vested Rights 1. A property owner's original permit application expires on or after the 45th day after the date the application is filed if: a. the property owner fails to ] necessary to comply with the form and content of the permi b. the City provides to the pro business day after the date the failure that specifies the neces the date the application will e,, is not provided: and the for -ouide documents or other information 'ity's technical requirements relating to the application; erty owner, not later than the 10th application is filed, written notice of the ary documents or other information and Sire if the documents or other information . the specified documents or other in the written notice. Only a Project which was in progress (as defined by LGC Section 245.003) or for which a Permit application was filed after September 1, 1997 may be .eligible to claim vested rights; any Project for which the Permit application was filed prior September 1, 1997, or has expired, is not eligible. Vested .rights'` do not begin to accrue until the filing of an original application or Master Development Plan or plat application that gives the City fair notice of the project to which the permit applies and the nature of the permit sought. 3. A Project will expire in five (5) years from the date the first Permit application was filed for the Project with City if progress, as defined in LGC Section 245.005, has not been made towards completion of the Project. An expired Project is considered dormant, vested rights lapse and the Project must comply with all current ordinances and requirements. Sec. 21.1.7 Apportionment of Municipal Infrastructure Costs (Rough Proportionality) A. If the City requires as a condition of approval for a property development project that the property owner bear a portion of the costs of municipal infrastructure improvements through dedication of property to the City, the payment of impact fees, the payment of construction costs, or the payment of other infrastructure related costs authorized by applicable law, the property owner's portion of the costs may not generally exceed the amount required for infrastructure improvements that are roughly proportionate to the proposed development as approved by the City Engineer. B. A property owner who disputes the determination made by the City Engineer under Subsection A. above must appeal to the City Council in accordance with UDC, Sec. 21.4.14 Appeals, or the City Engineer's determination is final. At the appeal, the property owner may present evidence and testimony under procedures adopted by the City Council. After hearing any testimony and reviewing the ` evidence, the City Council shall make the applicable determination as to the appeal within thirty (30) days after the final submission of any testimony or evidence by the property owner. C. A property owner may appeal the determination of the City Council to a county or district court of the county in which the development is located within thirty (30) days after the final determination by the City Council. D. The City may not require a property owner to waive the right of appeal . authorized by this section as a condition of approval for a development Any person, firm, or corporation who shall violate any of the provisions of this UDC, or fails to comply therewith, or who shall violate or fail to comply with any order or regulation made hereunder, or who shall build any project or facility in violation of any detailed statement of specification or plans submitted and approved hereunder, or any certificate or permit issued` hereunder, shall, for each and every violation and noncompliance respectively be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed two thousand dollars ($2,000) or the appropriate legal maximum as determined by statute. In the case of a violation of section 21.9.9, the penalty shall be the sum as determined above plus the value of the tree as determined by a certified arborist hired by the City. Each and every day that such violation and/or noncompliance shall exist shall be deemed a separate offense. In case any person, firm, or corporation violates any of the provisions of this UDC or fails to comply therewith, the City, in addition to imposing the penalties above provided may institute any appropriate action or proceedings in court to prevent, restrain, correct, or abate or to prevent any illegal act, conduct, business, or use in or about any land, and the definition of any violation of the terms of this UDC as a misdemeanor, shall not preclude the City from invoking the civil remedies given it by law in such cases, but same shall be cumulative of and in addition to the penalties prescribed for such violation. See. 21.1.9 Validity The issuance or granting in error of a permit or approval of plans or plats, site designs, or specifications shall not be construed to be a permit for, or an approval of, a violation of any provision of this UDC or any other City ordinance. No permit purporting to give authority to violate or cancel the provisions of this UDC shall be valid. Sec. 21.1.10 Development Manual The Development Manual is prepared by the City of Schertz Planning and Community Development Department — Planning Division and is hereby adopted by reference as if set forth in full. The Development Manual shall contain application forms, required application materials, fees, and application submittal deadlines. The Development Manua] may be amended by the City Manager or his /her designee from time to time. Sec. 21.1.11 Public Works Specification Manual The Public Works Specification Manual prepared by the City of Schertz'Public Works Division is hereby adopted by reference as if set forth in full. The Public Works Specification Manual shall contain specifications necessary to complete public projects. The Public Works Specification Manual may be amended by the City Manager or his /her designee from time to time. End of Article TO: Planning and Zoning Commission Lesa Wood, Director of Planning & Community Development PREPARED BY: Emily Grobe, Planner CASE: ZC2017 -004 — Article 3 Boards, Commissions and Committees — UDC Amendment SUBJECT: Hold a public hearing, consider and make a recommendation on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 3 Boards, Commissions and Committees and associated updates in UDC Articles 4, 8, 9, 11 & 14. As stated in the UDC, City Council from time to time may make amendments, change or modify text to any portion of the UDC to establish and maintain sound stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals and State and Federal regulations. In 2014 City staff met with both the Planning & Zoning Commission as well as the City Council regarding updates to this article. Staff was given the directive to proceed with updates and seek legal counsel review. At the beginning of 2017 full review of the amendment was started again between planning staff and legal. The majority of this article has remained the same as previously presented with minor changes per legal request. The majority of this article has remained the same as previously presented with minor changes per legal request, and changes needed due to the creation of a new board, the "Building and Standards Commission ". The creation of this commission is intended to provide an appropriate outlet for applicants requesting review of a building code item, appealing a decision of the fire marshal, fire chief, or the building official, and to review and take appropriate actions on buildings found to be in violation of a city ordinance or a public nuisance. Additionally, with the creation of this commission items previously heard by the Board of Adjustment that are not true zoning items or decisions related to zoning are being amended to be heard by a more appropriate boards or commissions. This amendment was drafted by Planning Staff and reviewed by the City Attorney (Daniel Santee, Denton Navarro Rocha Bernal & Zech). PROPOSED AMENDMENTS: • Text amendments were made to Article 3 in order to provide consistency with the City Charter and with each Board, Committee and Commissions by -laws. • Minor text amendments have been made to correct the title of Transportation Safety Advisory Commission (TSAC). • Text amendments have been made to Section 21 .3.3 to clarify the Commission's approval authority of an amending and minor plat. • Text amendments have been made to Section 21.3.3 to add authority to make final determinations relating to appeals on certain staff decisions. • Text amendments to Section 21.3.4 Board of Adjustment to clarify that Board of Adjustment is to only hear cases in relation to zoning and zoning related decisions. • Text amendments have been made to Section 21.3.5 Administrative Authority to clarify the review and recommendation authority. • Text amendments to Section 21.3.6 Other Boards, Commissions and Committees to create a new commission, the Building and Standards Commission. • Text amendments to the following sections to alter the deciding board or commission: • Section 21.4.16.C.3 text amendment to change "Director of Development Services" to "City Manager" also to change `BOA" to "the Building and Standards Commission ". • Section 21.8.4.B.10 text amendment to change `BOA" to "Planning and Zoning Commission ". • Section 21.8.4.C.3.0 text amendment to change "Director of Development Services" to "City Manager" also to change `BOA" to "Planning and Zoning Commission ". • Section 21.8.4.C.3.D text amendment to change "Director of Development Services" to "City Manager" also to change `BOA" to "Planning and Zoning Commission ". • Section 21.8.4.C.3.E.i text amendment to change `BOA" to "Planning and Zoning Commission ". • Section 21.9.9.C.1 text amendment to change `BOA" to "Planning and Zoning Commission ". • Section 21.9.9.C.2 text amendment to change `BOA" to "Planning and Zoning Commission ". • Section 21.9.12.E text amendment to change `BOA" to "Planning and Zoning Commission ". • Section 21.11.3.G text amendment to change `BOA" to "Planning and Zoning Commission ". • Section 21.11.4.J text amendment to change `BOA" to "Planning and Zoning Commission ". • Section 21.11.7.1 text amendment to change `BOA" to "Planning and Zoning Commission ". • Section 21.11.22.D.3c text amendment to change `BOA" to "Building and Standards Commission ". • Section 21.11.22.D.3.d text amendment to change `BOA" to "Building and Standards Commission ". • Section 21.11.22.D.4 text amendment to change `BOA" to "Building and Standards Commission ". • Section 21.14.3.D text amendment to change "variance" to "waiver" and to change `BOA" to "Planning and Zoning Commission ". • Section 21.14.3.E text amendment to change "variance" to "waiver" and to change `BOA" to "Planning and Zoning Commission ". • Section 21.14.5.0 text amendment to change "Board of Adjustment" to "Planning and Zoning Commission ". STAFF ANALYSIS AND RECOMMENDATION: Staff recommends approval of the amendment to the Unified Development Code (UDC), Article 3 — Boards, Commissions and Committees and associated updates in UDC Articles 4, 8, 9, 11 & 14 as presented. iN COMMISSIONERS CRITERIA FOR CONSIDERATION: The Planning and Zoning Commission is making a recommendation to City Council on the proposed Unified Development Code Amendment. In considering action on a UDC Amendment, the Commission should consider the criteria within UDC, Section 21.4.7 D. Attachments: Currently adopted — Article 3 — Boards, Commissions and Committees Draft - Article 3 — Boards, Commissions and Committees Additional UDC Sections with proposed updates — Redline Version & Clean Version Article 3 — Boards, Commissions and Committees .............................................................. ............................... Schertz Unified Development Code Article 3 Boards, Commissions and Committees See. 21.3.1 General Provisions A. Source of Authority Authority under this UDC shall be vested in and delegated to the officials and decision - makers designated in this Article 3, under the City Charter, the Constitution and other laws of the State and the City's Code of Ordinances. This authority shall be deemed supplemental to any other authority lawfully conferred upon the officials and decision - makers. The omission of a citation in this UDC to any authority conferred upon the officials and decision - makers under the City Charter, the Constitution or other laws of the State or the Code or Ordinances shall not be construed as limiting the actions of such officials and decision - makers taken in accordance with and in reliance upon such authority. B. Implied Authority The officials and decision - makers shall have all implied authority necessary to carry out the duties and responsibilities expressly delegated by this UDC to the extent the implied authority is not in conflict with the expressly delegated authority. C. Limitation on Authority 1. City Policy It is the policy of the City that the standards and procedures applicable to development of property within the City limits and within the City's ETJ are as stated in this UDC, notwithstanding any representation by any City official summarizing, paraphrasing or otherwise interpreting such standards to the contrary, whether generally or as applied to development of specific property. 2. Representations Concerning Future Action on Petition or Application No City official, whether an employee of the City or a member of an appointed Board, Commission, or Committee, or a member of the City Council, shall have the authority to make representations to a property owner concerning the likelihood of an outcome of that official's decision or the decision of an appointed Board, Commission or Committee, or the City Council, on any development application or petition that has yet to be filed or is pending before the City for decision. An official may, however, upon request of a person, convey information concerning that official's position on a pending application in accordance with procedures established in this section. No person is entitled to rely upon any representation made by an official in contravention of this section, and each and every such representation shall be deemed in violation of the policy of the City, and is not binding on the City in any respect. No Updated 8 /11/15 3 -1 Article 3 — Boards, Commissions and Committees .............................................................. ............................... Schertz Unified Development Code subsequent decision of the City shall be deemed a ratification of any representation made in contravention of this section. 3. Representations Concerning Future Amendments No City official, whether an employee of the City or a member of an appointed Board, Commission or Committee, or a member of the City Council, shall have the authority to make binding representations to any person concerning the likelihood that a change in any legislative classification or a change in the text of this UDC as applied to a specific tract of land will be granted, or that an existing legislative classification or text provision will remain in effect, or that any petition for relief will be granted. No person is entitled to rely upon any representation made by an official in contravention of this section, and each and every such representation shall be deemed in violation of the policy of the City, and is not binding on the City in any respect. No subsequent decision of the City shall be deemed a ratification of any representation made in contravention of this section. 4. Effect of Development Standards on Liability Claims The City's approval of a development application under the standards and procedures of this UDC does not guarantee or assure that development of the property in accordance with the standards will prevent, minimize or mitigate harm to adjoining property. A person who undertakes development activities shall not rely on the City's approval of a development application as ensuring that the development activities will not result in harm to adjoining property. The regulations contained in this UDC constitute an exercise of the City's governmental authority, and approval of a development application shall not give rise to any liability on the part of the City or its officers, agents and employees, nor will an approval release the applicant from any liability for harm arising out of development of the property under applicable law. 5. No Waivers Except as expressly provided for in this UDC, no official, Board, Commission or Committee of the City, or the City Council, shall have authority to waive any requirement or standard for a development application except as specifically authorized in this UDC. Any attempted waiver of a requirement or standard for a development application in contravention of this section shall hereby be deemed null and void, and, upon discovery, shall be grounds for revocation of a permit or approval, or reconsideration of a legislative decision. Updated 8 /11/15 3 -2 Article 3 — Boards, Commissions and Committees .............................................................. ............................... Schertz Unified Development Code D. Conflict in Authority 1. Internal Inconsistency Whenever one (1) or more provisions of this UDC are in apparent conflict, the provisions shall be construed, if possible, so that effect is given to each. If the conflict is between a general provision and a specific provision, and the conflict is irreconcilable, the specific provision shall prevail as an exception to the general provision, unless the general provision is the later enactment and the manifest intent is that the general provision should prevail. 2. Incomplete Provisions Whenever a specific standard or procedure of this UDC is incomplete when applied in isolation to a development application or development activity, such standard shall be supplemented by any general or specific provision of this UDC, the Code of Ordinances, or the City Charter in order to give effect to the incomplete provision. Sec. 21.3.2 City Council A. Authority Granted The City Council, as the governing body of the City, shall have such powers and authority as granted by State law applicable to home rule cities, the City Charter and the Code of Ordinances, to initiate, undertake, and decide any matters pertaining to the regulation of the use and development of land as identified in this UDC. B. Duties and Approval Authority In addition to other rights of approval, the City Council shall have final approval authority on the following applications: 1. an application for amendment to the text or maps within the Comprehensive Land Plan; 2. an application for amendment to the text of this UDC; 3. an application for annexation; 4. an application to establish or amend a zoning district map classification, including creation or amendment of an overlay district; 5. an application for Historic Landmark or District Designation; Updated 8/11/15 3 -3 Article 3 — Boards, Commissions and Committees ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . . Schertz Unified Development Code 6. an application for approval of a conceptual plan as part of a Planned Development District; 7. an application for a Specific Use Permit; 8. an application for approval of a Development Agreement within the City's corporate boundaries and in the City's ETJ; 9. an application to extend City utilities to land located in the City's ETJ; and 1.0. an appeal of the decision of any City Board, Commission or Committee, or City staff except as expressly provided for in this UDC or the Local Government Code. See. 21.3.3 Planning and Zoning Commission A. Authority Granted The Planning and Zoning Commission shall have such powers and authority as granted by State law, the City Charter, the Code of Ordinances, and this UDC to initiate, undertake, and decide any matters pertaining to the regulation of the use and development of land as identified in this UDC. B. Structure of the Commission and Operational Procedures There shall be established a Planning and Zoning Commission as described in the City Charter. Members of the Planning and Zoning Commission shall be appointed by the City Council. The Planning and Zoning Commission may adopt rules to govern its proceedings provided, however that such rules are not inconsistent with this Chapter or State law. Meetings of the Planning and Zoning Commission may be held at the call of the Chairperson or at such other times as the Planning and Zoning Commission may determine and in accordance with the Open Meetings Act. C. Duties and Approval Authority 1. The Planning and Zoning Commission shall have the authority to review and make a recommendation to the City Council on the following applications: a. an application for amendment to the text or maps in the Comprehensive Land Plan; b. an application for amendment to the text of this UDC; C. an application for a Development Agreement as set forth in the LGC and this UDC; Updated 8/11/15 3 -4 Article 3 — Boards, Commissions and Committees ....................................................................................................................................................... ............................... Schertz Unified Development Code d. an application to establish or amend a zoning district map classification, including creation or amendment of an overlay district; and e. an application for approval of a rezoning request including an application for a Specific Use Permit. 2. The Planning and Zoning Commission shall have final approval authority on the following applications: a. an application for a preliminary plat; b. an application for a final plat; C. an application for an amending plat; d. an application for a minor plat; e. an application for a replat; f. variances relating to Article 12, Subdivisions; and g. an application for Subdivision Master Plan. 3. The Planning and Zoning Commission shall keep accurate minutes of each meeting which shall be maintained within the office of the City Secretary. Sec. 21.3.4 Board of Adjustment M In Authority Granted The Board of Adjustment (BOA) shall have such powers and authority as granted by State law, the City Charter, the Code of Ordinances, and this UDC to initiate, undertake, and decide any matters pertaining to the regulation of the use and development of land as identified in this UDC. Structure of the BOA 1. Composition and Term The BOA shall consist of five (5) members who shall be appointed by the City Council. Each member of the BOA shall be appointed for a term of two (2) years. All cases before the BOA must be heard by at least four (4) of the five (5) members of the BOA. The City Council may provide for the appointment of alternate BOA members to serve in the absence of one (1) or more regular members. Alternate members shall be appointed for the same period of time as a regular member. 2. Removal of BOA Members Updated 8/11/15 3 -5 Article 3 — Boards, Commissions and Committees .............................................................. ............................... Schertz Unified Development Code The City Council may remove a BOA member for cause, as found by the City Council, on a written charge after a public hearing. Such causes may include three (3) consecutive unexcused absences from regularly called meetings. A vacancy on the BOA shall be filled by appointment by the City Council for the unexpired term. 3. Officers of the BOA The BOA members shall elect a Chairperson, Vice - Chairperson, Secretary and other officers they deem necessary. The Chairperson and Vice - Chairperson shall be elected from the membership of the BOA. The Secretary and such other officers may be selected either from the BOA's membership or from City staff representatives assigned to work with the BOA. 4. Rules and Meetings The BOA, by majority vote, shall adopt rules to govern its proceedings. All meetings of the BOA shall be conducted in accordance with the Open Meetings Act. Meetings of the BOA shall be held at the call of the Chair and at other times as determined by the BOA. 5. Minutes The BOA shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that a member is absent or fails to vote. The BOA shall keep records of its examinations and other official actions. The minutes and records of the BOA shall be filed in the office of the City Secretary. The minutes of the BOA shall be filed in the official records of the City immediately after approval of said minutes. 6. Vote Required for Decisions In exercising its authority under section 21.3.4.0 below, the BOA may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the BOA has the same authority as the administrative official. The concurring vote of four (4) of the five (5) members of the BOA is necessary to: a. reverse an order, requirement, decision or determination of an administrative official; b. decide in favor of an applicant on a matter on which the BOA is required to pass under this UDC; or Updated 8 /11/15 3 -6 Article 3 — Boards, Commissions and Committees .............................................................. ............................... Schertz Unified Development Code C. authorize a variation from the terms of a zoning regulation. C. Duties and Approval Authority The BOA shall have the following duties: 1. The BOA shall hear and decide appeals when error is alleged in any order, requirement, decision or determination made by an administrative official . of the City in the enforcement of this UDC or an ordinance adopted under this UDC. 2. The BOA may authorize, in specific cases, a variance from this UDC, unless specified otherwise, if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of this UDC or an ordinance adopted hereunder would result in unnecessary hardship, and so that the spirit of this UDC or an ordinance adopted hereunder is observed and substantial justice is done. A variance shall not be granted to relieve a self - created or personal hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any person a privilege in developing a parcel of land not permitted by this UDC to other parcels of land in the district. In order to make a finding of hardship and grant a variance from the zoning regulations of this UDC, the BOA must determine the following: a. the requested variance does not violate the intent of this UDC or its amendments; b. special conditions of restricted area, topography or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district; C. the hardship is in no way the result of the applicant's own actions; or d. the interpretation of the provisions in this UDC or any amendments thereto would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions. 3. The BOA shall hear and decide other matters as authorized by the City Council and deemed necessary in pursuit of the spirit and intent of this UDC. 4. Permit the reconstruction, extension or enlargement of a building occupied by nonconforming uses, on a lot or tract occupied by such building, provided such reconstruction, extension or enlargement does not prevent the return of such property to a conforming use. Updated 8/11/15 3 -7 Article 3 — Boards, Commissions and Committees .............................................................. ............................... Schertz Unified Development Code 5. Permit the extension of or enlargement of a building occupied by a nonconforming use, under such conditions as the BOA may deem necessary in order to protect other properties in the neighborhood, provided such extension or enlargement: a. does not prevent the return of such property to a conforming use; b. does not exceed twenty -five percent (25 %) of the ground area of the existing building; C. will not prevent compliance with applicable side yard requirements; and d. does not allow such building to be used for any use which would normally be restricted to a more restrictive classification. 6. Require the discontinuance of a nonconforming use of land or structure under any plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this UDC. All actions to discontinue a non- conforming use of land or structure shall be taken with due regard for the property rights of the persons affected when considered in light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of property. The BOA may, from time to time, on its own motion, or upon cause presented by interested property owners, inquire into the existence, continuation or maintenance of any nonconforming use within the City. D. Appeals 1. Procedure As granted under LGC section 211.010, appeals of a decision of an administrative official of the City may be taken to and before the BOA by any person aggrieved by the decision, or by any officer, department, or board of the City. Such appeal must be filed with the BOA and shall include written notice of the appeal and specify the grounds for the appeal. The appeal must be filed within the time period determined by the rules of the BOA. On receiving the notice, the office of the BOA shall immediately transmit to the BOA all papers constituting the record of the action that is appealed. 2. Stay of Proceedings An appeal shall stay all proceedings in furtherance of the action that is appealed unless the office of the BOA certifies in writing to the BOA facts supporting the administrative official's opinion that a stay would cause Updated 8/11/15 3 -8 Article 3 — Boards, Commissions and Committees .............................................................. ............................... Schertz Unified Development Code imminent peril to life or property, in which case, the proceedings may be stayed only by an appropriate court. 3. Hearings of Appeals The BOA shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the appeal hearing in person or by agent or attorney. The BOA shall decide the appeal within a reasonable time. E. Appeals of BOA Decisions 1. Procedure As granted under LGC section 211.011, any person or persons aggrieved by any decision of the BOA, or any taxpayer or any officer, department, or board of the City may present to an appropriate court a verified petition stating that the decision of the BOA is illegal in whole or in part and specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the BOA. 2. Writ of Certiorari Upon the presentation of the petition, the court may grant a writ of certiorari directed to the BOA to review the BOA's decision. The writ must indicate the time by which the BOA's return must be made and served on the petitioner's attorney, which must be after ten (10) days and may be extended by the court. Granting of the writ does not stay the proceedings on the decision under appeal, but on application and after notice to the BOA, the court may grant a restraining order if due cause is shown. 3. Return of Certified Copies The BOA's return must be verified and must concisely state any pertinent and material facts that show the grounds of the decision under appeal. The BOA is not required to return the original documents on which the BOA acted but may return certified or sworn copies of the documents or parts of the documents as required by the writ. 4. Hearing and Testimony If at the hearing the court determines that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take evidence as directed. The referee shall report the evidence to the court with the referee's findings of fact and conclusions of law. The Updated 8/11/15 3 -9 Article 3 — Boards, Commissions and Committees .............................................................. ............................... Schertz Unified Development Code referee's report constitutes a part of the proceedings on which the court shall make its decision. 5. Decision of the Court The court may reverse or affirm, in whole or in part, or modify the decision that is appealed. Costs may not be assessed against the BOA unless the court determines that the BOA acted arbitrarily, capriciously, discriminatorily, with gross negligence, in bad faith, or with malice in making its decision. Sec. 21.3.5 Administrative Authority A. Authority Granted The City Manager or his/her designees shall have such powers and authority as granted by State law, the City Charter, the Code of Ordinances, and this UDC to initiate, undertake, and decide any matters pertaining to the regulation of the use and development of land as identified in this UDC and are authorized to take all actions necessary to carry out their responsibilities in accordance with the requirements and limitations prescribed therein. B. Administrative Structure The City Manager is designated as the chief administrative official of the City. The City Manager, at his/her discretion, may designate the director of any department or other employee as the administrative authority responsible for consideration of any item deemed appropriate by the City Manager. C. Duties and Approval Authority 1. The City Manager or his /her designee shall have the authority to review and make a recommendation to the City Manager on the following applications: a. an application for amendment to the text or maps in the Comprehensive Land Plan; b. an application for amendment to the text of this UDC; C. an application for annexation; d. an application to establish or amend a zoning district map classification, including creation or amendment of an overlay district; C. an application for Historic Landmark or District Designation; Updated 8/11/15 3 -10 Article 3 — Boards, Commissions and Committees ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . . Schertz Unified Development Code f.. an application for approval of a conceptual plan as part of a Planned Development District; g. an application for a Specific Use Permit; h. an application for approval of a Development Agreement within the City's corporate boundaries and in the City's ETJ; i. an application to extend City utilities to land located in the City's ETJ; j. an appeal of the decision of any City Board, Commission, Committee or staff as authorized by this UDC; k. an application for a Subdivision Master Plan; 1. an application for a preliminary plat; m. an application for a final plat; n. an application for an amending plat; o. an application for a minor plat; p. an application for a replat; q. an application for a Site Plan; and r. an application for a variance, appeal or other application to be considered by the BOA. 2. The City Manager or his/her designee shall have final approval authority on the following applications: a. an application for a minor plat, as authorized by this UDC and LGC Section 212.0065; b. an application for an Amending Plat, as authorized by this UDC, and LGC Section 212.0065; C. an application for a site plan; and d. other applications as authorized by this UDC. 3. A record of any action taken with respect to final approval of a development application shall be provided to the appropriate Board, Commission, Committee or City Council for review. Updated 8/11/15 3 -11 Article 3 — Boards, Commissions and Committees .............................................................. ............................... Schertz Unified Development Code Sec. 21.3.6 Other Boards, Commissions and Committees A. Parks and Recreation Advisory Board 1. Authority Granted A Parks and Recreation Advisory Board (Parks Board) has been created by the City Council. The Parks Board shall have such power and authority as granted by the City Council in establishing the Parks Board, by State law, by the City Charter, by the Code of Ordinances, and by this UDC to initiate, undertake, and make recommendations on any matters pertaining to the regulation of the use and development of parks and recreation areas in the City. 2. Structure of the Parks Board The structure of the Parks Board shall be as set forth by the City Council in the establishing the Parks Board or by any rules and regulations adopted by the Parks Board not in conflict with the City Council's action relating to the structure and function thereof. 3. Duties and Approval Authority The Parks Board shall serve as an advisory board to the City Council and may review and make recommendations on the following matters: a. suitability of parkland dedication, including fee -in -lieu of consideration; b. parks and recreation improvements and amenities included with any parkland dedication; and C. creation, amendment or updates to the Parks and Open Space Master Plan of the City. B. Historic Preservation Committee 1. Authority Granted An Historic Preservation Committee (Historic Committee) has been created by the City Council. The Historic Committee shall have such powers and authority as granted by the City Council in establishing the Historic Committee, by State law, the City Charter, the Code of Ordinances, and this UDC to initiate, undertake, and make recommendations on any matters pertaining to the regulation of and the use of areas or buildings and structures of historic significance in the City. Updated 8 /11/15 3 -12 Article 3 — Boards, Commissions and Committees .............................................................. ............................... Schertz Unified Development Code 2. Structure of the Historic Committee The structure of the Historic Committee shall be as set forth by the City Council in establishing the Historic Committee or by any rules and regulations adopted by the Historic Committee not in conflict with the City Council's action relating to the structure and function thereof. 3. Duties and Approval Authority The Historic Committee shall have those duties and approval authority as set forth by the City Council in establishing the Historic Committee. C. Traffic Safety Advisory Commission 1. Authority Granted The Traffic Safety Advisory Commission (TSAC) has been created by the City Council. The TSAC shall have such powers and authority as granted by the City Council in establishing the TSAC. 2. Structure of the TSAC The structure of the TSAC shall be as set forth by the City Council in establishing the TSAC, by the by -laws of the TSAC or by any other rules and regulations adopted by the TSAC not in conflict with the City Council's action relating to the structure and function thereof 3. Duties and Approval Authority The TSAC shall serve as an advisory commission to the City Council and is established to investigate safety issues and make recommendations with respect to City roadways and to improve the City's quality of life through a citizen /government partnership that promotes safe and secure roads, which provide convenience, recreational and leisure activities and continued beautification of the City. The duties of the TSAC are established within the by -laws adopted by the TSAC and may include, but are not limited to, the following duties: a. coordinate and communicate with the various Boards, Commissions, Committees and the City Council on all matters related to transportation and traffic safety; b. develop safety materials to be used for promotional activities; C. develop research materials needed for promotion of transportation and traffic safety; d. develop a transportation and traffic safety plan for the City; Updated 8/11/15 3-13 Article 3 — Boards, Commissions and Committees .............................................................. ............................... Schertz Unified Development Code review all existing and proposed transportation and traffic ordinances and make recommendations to the City Council; f. develop and sponsor transportation and traffic safety courses for the citizens of the City; and g. participate in fact finding trips, conferences, and seminars related to transportation and traffic safety. End of Article 3 Updated 8/11/15 3-14 Article 3 Boards, Commissions and Committees Sec. 21.3.1 General Provisions A. Source of Authority Authority under this UDC shall be vested in and delegated to the officials and decision - makers designated in this Article 3, under the City Charter, the Constitution and other laws of the State and the City's Code of Ordinances. This authority shall be deemed supplemental to any other authority lawfully conferred upon the officials and decision - makers. The omission of a citation in this UDC to any authority conferred upon the officials and decision- makers under the City Charter, the Constitution or other laws of the State or the Code or Ordinances shall not be construed as limiting the actions of such officials and decision - makers taken in accordance with and in reliance upon such authority. B. Authority Granted The City Council, Planning and Zonin Advisory Board, Historic Preservation and Building and Standards Commiss the City Charter and the Code of Ordir in this UDC. Sec. 21.3.2 A. Duties and Annroval l ission, Board of Adjustment, Parks and Recreation ttee, Transportation Safety Advisory Commission the powers and authority as granted by State law, initiate, undertake, and decide matters as identified of approval, the City Council shall render final decisions for development on the following applications: omprehensive Land Plan; lend a zoning district map classification, including creation of an overlay district; the UDC; 5. a Development Agreement within the City's corporate boundaries and in the City's ETJ; 6. rezoning requests including applications for a Specific Use Permit; 7. Historic Landmark or District Designation; 8. an a appeal of a vested rights determination; and See. 21.3.3 FA 9. an appeal of the decision of any City Board, Commission or Committee, except the Board of Adjustment and Building and Standards Commission or as expressly provided for in this UDC or the Local Government Code. Planning and Zoning Commission Structure of the Commission The Planning and Zoning Commission is established in accordance with the City Charter and Commission members are appointed by the City Council. Duties and Approval Authority 1. The Planning and Zoning Commission shall have the authority to review and make a recommendation to the City Council on the following applications: a. amendment to the Comprehensive Land Plan; b. establish or amend a zoning district map classification, including creation or amendment of an overlay district; C. rezoning requests including an application for a Specific Use Permit. a Development Agreement as set forth in the LGC and this UDC; inning and Zoning Commission shall have final approval authority a. Subdivision Master Plan. b. nreliminary plat: C. final ,plat; d. amending plat; if forwarded by the City Manager or his /her designee. C. minor plat; if forwarded by the City Manager or his/her designee. f, replat; and g. waivers relating to Article 1.2, Subdivisions. 3. The Planning and Zoning Commission shall have the authority to make final determinations relating to appeals of staff determinations on the following items: a. Required Conditions for Home Occupations and denial of a Home Occupation permit. b. Site Design Standards including Tree Preservation & Mitigation, Revisions to Approved Site Plans. C. Signs & Advertising Devices including general requirements, removal of signs. d. Additional Design Requirements including off street parking, building setback lines, and landscape buffers. e. An appeal of a driveway waiver determination. Sec. 21.3.4 Board of A. Structure and Procedure of the 1. Composition and Procc a. The Boa the City City Council. 75 percent of 2. Vote_Reauire to: BOA) is established in accordance with sionof Chapter 211 of the Texas Local Fhe Board members are appointed by the More the BOA must be heard by at least four (4) of the five (5) members of the BOA reverse an order, requirement, decision or determination of an administrative official; or authorize a variation from the terms of a zoning regulation. Authority The BOA shall have the following duties: 1. The BOA shall hear and decide appeals when error is alleged in any order, requirement, decision or determination made by an administrative official of the City in the enforcement of this UDC or an ordinance, with respect to zoning and zoning related decisions. a. The BOA may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the BOA has the same authority as the administrative official. 2. The BOA may authorize, in specific cases, a variance from this UDC in relation to zoning related items, unless specified otherwise, if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of this UDC or an ordinance adopted hereunder would result in unnecessary hardship, and so that the spirit of this UDC or an ordinance adopted hereunder is observed and substantial justice is done. A variance shall not be granted to relieve a self- created or personal hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any person a privilege in developing a parcel of land not permitted by this UDC to other parcels of land in the district. In order to make a finding of hardship and grant a variance from the 'zoning regulations of this UDC, the BOA must determine the following: a. the requested variance does not violate the intent of this UDC or its b. special conditions of restricted area, topography or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district; the hardship is in no way the result of the applicant's own actions; isions in this UDC or any amendments prive the applicant of rights commonly enjoyed by in the same zoning district that comply with the See. 21.3.5 A. Authority The City Manager or his /her designees shall have such powers and authority as granted by State law, the City Charter, the Code of Ordinances, and this UDC to initiate, undertake, and decide any matters pertaining to the regulation of the use and development of land as identified in this UDC and are authorized to take all actions necessary to carry out their responsibilities in accordance with the requirements and limitations prescribed therein. B. Administrative Structure A The City Manager is designated as the chief administrative official of the City. The City Manager, at his /her discretion, may designate the director of any department or other employee as the administrative authority responsible for consideration of any item deemed appropriate by the City Manager. Duties and Approval Authority 1. The City Manager or his /her designee shall have the authority to review and make a recommendation to the appropriate approval body on the following applications: a. amendment to the b. establish or amend a creation or amendme C. rezoning requests tnctuamg an Permit; d. amendment of this C. f. a n. Plan; map classification, including for a Specific Use City's corporate boundaries strict Designation; ision of any City Board, Commission, thorized by this UDC; a vaiiau�CI, at,t,va, VI UtIlv'r application to be consideredby the BOA; an interpretation, appeal or other application to be considered by the Building and Standards Commission; and o. an interpretation, waiver, appeal or other application to be considered by the Planning & Zoning Commission. 2. The City Manager or his /her designee shall have final approval authority on the following applications: a. a minor plat, as authorized by this UDC and LGC Section 212.0065. However, the City Manager or his /her designee may forward the plat to the Planning and Zoning Commission for approval; b. an amending plat, as authorized by this UDC, and LGC Section 212.0065. However, the City Manager or his/her designee may forward the plat to the Planning and Zoning Commission for approval; C. a Certificate of Determination, as authorized by this UDC and LGC Section 212.01.15. However, the City Manager or his /her designee may forward the request to the Planning and Zoning Commission for determination; d. a site plan; and C. other applications as authorized by this See. 21.3.6 Other Boards, Commissions and t A. Parks and Recreation Advisory Board 1. Structure of the of the Parks B ie Parks Boar( 2. Duties and Aim make as set forth by the City Council in advisory board to the City Council and lions on the following matters: on improvements and amenities included with any on: and amendment or updates to the Parks and Open Space Master he City. ommittee 1. Structure of the Historic Committee The structure of the Historic Committee shall be as set forth by the City Council in establishing the Historic Committee. 2. Duties and Approval Authority The Historic Committee shall have those duties and approval authority as set forth by the City Council in establishing the Historic Committee. C. Transportation Safety Advisory Commission 1 N Structure of the Transportation Safety Advisory Commission (TSAC) The structure of the TSAC shall be as set forth by the City Council in establishing the TSAC. Duties and Approval Authority The TSAC shall serve as an advisory commission to the City Council and is established to investigate safety issues and make recommendations with respect to City roadways and to improve the City's quality of life through a citizen /government partnership that promotes safe and secure roads, which provide convenience, recreational and leisure activities and continued beautification of the City. The duties of the TSAC may include, but are not limited to, the following duties: a. coordinate o Commissions, to transportati, b. develop safety C. develop reseal safety; d. develop a tran e. review Provo: f. D. Buildings and 1. Stru n unicate with the various Boards, s and the City Council on matters related to be used for promotional activities; of transportation . safety plan for the City; on and traffic ordinances and make Council; and in fact finding trips, conferences, and seminars related to on and traffic safety. Commission Procedure of the Building and Standards Commission and Procedures: a. The Building and Standards Commission is established in accordance with the provision of Chapter 54 of the LGC. Each case before the Building and Standards Commission must be heard by a majority of the members. b. The City Council will appoint a commission comprised of five (5) members and two (2) alternates who are residents of the City, one from each of the following professions or disciplines: 2. i. Registered design professional with architectural experience or a builder or superintendent of building construction; ii. Registered design professional with structural engineering experiences; iii. Registered design professional with mechanical and plumbing engineering experience or a mechanical contractor or plumbing contractor; iv. Registered design professional with electrical engineering experience or an electrical contractor; and V. Registered design professional with fire protection engineering experience or a fire protection contractor. C. Registered Design Professional is defined as an individual who is registered or licensed to practice their respective design profession as defined by the statutory ,requirements of the professional registration laws of the state of Texas. d. If a resident with the above criteria cannot be found then the City Council may appoint another resident of their choosing to the Commission. s and The Building and Standards Commission shall have the following duties: ig and Standards Commission has the authority to enumerated health and safety ordinances as authorized 54 LGC, subchapter C, as amended. Specifically the i hears cases relative to ordinance violations: i. for the preservation of public safety, relating to the materials or methods used to construct a building of improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances, or exits; ii. relating to the fire safety of a building or improvement, including provisions relating to materials, types of construction or design, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires, or location design, or width of entrances or exits; a iii. relating to dangerously damaged or deteriorated building or improvements; iv. relating to conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents; and V. relating to a building code or to the condition, use, or appearance of property in the City of Schertz. The Building and Standards Commission shall have the authority to do the following items per LGC Sec. 54.036 1. ii. iii. 1V. order the repair, within a fixed period, of buildings found to be in violation of an ordinance; require the demolition of a structure found to be a public nuisance; a building substandard in accordance with the granted by LGC Chapter 54 Subsection C; in an appropriate case, the immediate removal of or property found on private property, enter on property to secure the removal if it is determined that )ns exist on the property that constitute a violation of nance, and order action to be taken as necessary to , alleviate, or remove any substandard building found -ders or directives to any peace office or the state, ig a sheriff or constable or the chief of police in the Schertz, to enforce and carry out the lawful orders or es of the commission; and determine the amount and duration of the civil penalty the municipality may recover as provided by LGC Section 54.01.7. C. The Building and Standards Commission has the authority to hear appeals to a decision from the fire chief, fire marshal, or the building official related i. the use of alternate materials and construction methods; or ii. interpretations of the fire code or building codes as adopted by the City of Schertz, including but not limited to, granting exceptions to those codes in order to make a reasonable accommodation for a disabled person or group as defined by the Fair Housing Amendment Act. d. The Building and Standards Commission has the authority to make a determination as to whether an alternative construction material or construction method equally meets the applicable code's standards, especially considering the alternative's adequacy, stability, strength, sanitation, and safety for the public's health and welfare. Any request to use an alternative construction material or construction method may be approved by the commission if and only if the commission determines that the alternative construction material or construction method equally meets the applicable codes and standards especially considering the alternative's adequacy, stability, strength, sanitation' and safety for the public's health and welfare. Facade materials are exempt from this section. e. The Building and Standards Commission has the authority to reverse a decision of the fire chief, fire marshal or the building official only by concurring vote of at least four commission members. f. The ion also has the following to evaluate proposed amendments to the fire and building codes, and make recommendations to the City Council regarding such amendments; to hear from any person requesting a change to the fire and building codes as adopted by the city; as an advisor to the Fire Chief, Building Official and ty Marshal; and to manage any additional duties, powers, and responsibilities assigned by the City Council in compliance with the City Charter and laws of the State of Texas. End of Article 3 Associated UDC Sections with Amendments City Manager or his /her designee. 21.8.4.C.3.E.i i. Signed statement. One type of supporting evidence that may be submitted to the 49XPIanninRand Zoning Commission for their consideration of an appeal is a signed statement by each property owner up to 200 feet of the property on which the home occupation is to occur, stating that the property owner has no objection to the existence of the proposed home occupation. An example of such a statement is as follows: "I (name) the property owner at (address) have been advised by (name of home occupation applicant) of the request to the City for a Home Occupation Permit for the purpose of conducting (type of home occupation) and I have no objection to the home occupation permit being granted for the purpose reflected in this statement. Signature of neighboring property owner and date" 21.9.9.C.1 1. Protected Trees. Any Protected Trees not exempt from preservation in section B.3. above may be removed upon approval of a Tree Removal Permit by the Director of Parks, Recreation and Community Services Any decision of the Director of Parks, Rrecreation and Community Services regarding a tree removal permit may be appealed to the M41PIannin9c, and Zoning Commission in accordance with section 21.4.14 of this UDC. 21.9.9.C.2 2. Heritage Trees. Any Heritage Trees to be removed may be removed upon approval of a Tree Removal Permit by the Director of Parks, Recreation and Community Services. Any decision by the Director of Parks, Recreation and Community Services regarding a tree removal permit may be appealed to the Planning and Zoning Commission in accordance with section 21.4.14 of this UDC. All Heritage Trees shall be required to meet the mitigation requirements of this section. 21.9.12.F F. Revisions to Approved Site Plan. Changes to an approved Site Plan shall be processed in the same manner as the original approved Site Plan; however, changes of details within a Site Plan which do not alter the basic physical relationship of the property to adjacent property, do not alter the use permitted, increase the density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the approved Site Plan, may be authorized by the City Manager or his /her designee. An aggrieved party may appeal the decision of the City Manager or his /her designee to the Planning and Zoning Commission in accordance with the provisions of this UDC. 21.11.3.G G. Liability. The City Manager or his /her designee, members of the Planning and Zonin Commission, or other City employees charged with the enforcement of this Article, while acting for the City in good faith and without malice in the discharge of the duties required by this Article or other pertinent laws, ordinances, codes or regulations shall not be rendered liable personally and are hereby relieved of personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this Article shall be defended by a legal representative of the City until the final termination of the proceedings. No City official shall not be liable for cost in any action, suit, or proceeding that is instituted in pursuance of the provisions of this Article 21.11.4.1 J. Appeal. An individual who has been denied a permit or had a permit revoked may appeal in writing along with the established filing fee to the Planning and Zoning Commission within ten (10) days after the date of denial or revocation. ` 101 WA 1. Appeal. Any decision rendered by the City Manager or his /her designee or other City personnel in the enforcement of this Article may be appealed to the Piannin2and Zoning Commission by any person, agent, or representative affected by such decision. Such appeal must be in writing and received within ten (10) days after a decision rendered along with the established fee. 21.11.22.D.3.c 21.11.22. D.3d d. If a licensee's license has been suspended twice in a three (3) year period, and the licensee then commits another violation under this Article or other laws, ordinances, codes and regulations applicable hereto, the City Manager or his /her designee shall notify the Building and Standards Commission. The Building and Standards Commission shall then hold a hearing to consider cancellation of the license. 21.11.22.D.4 4. Appeal. A person, whose license has been denied or revoked, may appeal in writing along with the filing fee then in effect to the Building and Standards Commission within ten (10) days. 21.14.3.D D. Off - Street Parking. Off street parking is permitted adjacent to the landscape buffer along the right -of- way. Parking and vehicular use areas adjacent to the right -of -way shall have land berm walls or a vegetative hedge barrier to reduce vehicular reflections to the right -of -way. A vafi K- waiver may be granted by the 90XPIanning and Zoning Commission which would allow a reduction in the minimum required landscape buffer when off - street parking is located entirely along the side or rear of the building or lot. 21.14.3.E E. Building Setback Line. A minimum fifty foot (50') building setback shall be required adjacent to all rights -of -way. Ava4a4w^ waiver -may be granted by the Planning and Zoning Commission which would allow for a reduction in the minimum required setback when an alternative site layout and design provides for additional open space or landscaping and off - street parking will be located entirely at the rear of the building or lot. In no case shall the minimum building setback be reduced less than the minimum required setback for the applicable zoning district in accordance with Article 5. 21.14.5.0 C. Waivers. Where the City Manager or his /her designee finds that extraordinary hardship may result from strict compliance with the regulations prescribed in this Article, the City Manager or his /her designee may vary the regulations so that substantial justice may be done and the public interest secured, provided that such waiver will not have the effect of nullifying the intent and purpose of this Article. In granting waivers and modifications, the City Manager or his /her designee may require such conditions as will, in his /her judgment, secure substantially the objective of the standards or requirements so varied or modified. In the event the City Manager or his /her designee should disapprove a request for a waiver, the applicant may request an appeal to the Planning and Zoning Commission. Associated UDC Sections with Amendments Sec. 21.4.16.C.3 3. Appeals. Any person or persons aggrieved by any decision of the City Manager or his /her designee, or any taxpayer or any officer, department, or board of the City may appeal the decision of the City Manager or his /her designee to the Building and Standards Commission. Sec. 21.8.4.B.10 10. A home occupation shall produce no offensive noise, vibration, smoke, electrical interferences, dust, odors, or heat detectable beyond the property limits or beyond the walls of the dwelling unit. The judgment of the City's Code Enforcement Officer pertaining to a violation under this section shall be considered decisive and final unless formally appealed to the Planning and Zoning Commission within thirty (30) days after the Code Enforcement Officer's written determination. Sec. 21.8.4.C.3.0 c. The decision of the City Manager or his /her designee may be appealed to the Planning and Zoning Commission in accordance with section 21.4.14. Sec. 21.8.4.C.3D d. The Planning and Zoning Commission will be the final judgment on appeals which must be submitted to the Planning and Zoning Commission within thirty (30) days after disapproval by the City Manager or his /her designee. 21.8.4.C.3.E.i i. Signed statement. One type of supporting evidence that may be submitted to the Planning and Zoning Commission for their consideration of an appeal is a signed statement by each property owner up to 200 feet of the property on which the home occupation is to occur, stating that the property owner has no objection to the existence of the proposed home occupation. An example of such a statement is as follows: "I (name) the property owner at (address) have been advised by (name of home occupation applicant) of the request to the City for a Home Occupation Permit for the purpose of conducting (type of home occupation) and I have no objection to the home occupation permit being granted for the purpose reflected in this statement. Signature of neighboring property owner and date" 21.9.9.C.1 1. Protected Trees. Any Protected Trees not exempt from preservation in section B.3. above may be removed upon approval of a Tree Removal Permit by the Director of Parks, Recreation and Community Services Any decision of the Director of Parks, Rrecreation and Community Services regarding a tree removal permit may be appealed to the Planning and Zoning Commission in accordance with section 21.4.14 of this UDC. 21.9.9.C.2 2. Heritage Trees. Any Heritage Trees to be removed may be removed upon approval of a Tree Removal Permit by the Director of Parks, Recreation and Community Services. Any decision by the Director of Parks, Recreation and Community Services regarding a tree removal permit may be appealed to the Planning and Zoning Commission in accordance with section 21.4.14 of this UDC. All Heritage Trees shall be required to meet the mitigation requirements of this section. 21.9.12.F F. Revisions to Approved Site Plan. Changes to an approved Site Plan shall be processed in the same manner as the original approved Site Plan; however, changes of details within a Site Plan which do not alter the basic physical relationship of the property to adjacent property, do not alter the use permitted, increase the density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the approved Site Plan, may be authorized by the City Manager or his /her designee. An aggrieved party may appeal the decision of the City Manager or his /her designee to the Planning and Zoning Commission in accordance with the provisions of this UDC. `461W-KC G. Liability. The City Manager or his /her designee, members of the Planning and Zoning Commission, or other City employees charged with the enforcement of this Article, while acting for the City in good faith and without malice in the discharge of the duties required by this Article or other pertinent laws, ordinances, codes or regulations shall not be rendered liable personally and are hereby relieved of personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this Article shall be defended by a legal representative of the City until the final termination of the proceedings. No City official shall not be liable for cost in any action, suit, or proceeding that is instituted in pursuance of the provisions of this Article J. Appeal. An individual who has been denied a permit or had a permit revoked may appeal in writing along with the established filing fee to the Planning and Zoning Commission within ten (10) days after the date of denial or revocation. �461VIA I. Appeal. Any decision rendered by the City Manager or his /her designee or other City personnel in the enforcement of this Article may be appealed to the Planning and Zoning Commission by any person, agent, or representative affected by such decision. Such appeal must be in writing and received within ten (10) days after a decision rendered along with the established fee. 21.11.22.D.3.c c. The licensee may appeal a suspension decision to the Building and Standards Commission by filing a written request within ten (10) days after receiving notice of the suspension. The Building and Standards Commission shall hold a hearing to determine whether the suspension decision should be sustained or reversed. 21.11.22.D.3d d. If a licensee's license has been suspended twice in a three (3) year period, and the licensee then commits another violation under this Article or other laws, ordinances, codes and regulations applicable hereto, the City Manager or his /her designee shall notify the Building and Standards Commission. The Building and Standards Commission shall then hold a hearing to consider cancellation of the license. 21.11.22.D.4 4. Appeal. A person, whose license has been denied or revoked, may appeal in writing along with the filing fee then in effect to the Building and Standards Commission within ten (10) days. 21.14.3.D D. Off - Street Parking. Off street parking is permitted adjacent to the landscape buffer along the right -of- way. Parking and vehicular use areas adjacent to the right -of -way shall have land berm walls or a vegetative hedge barrier to reduce vehicular reflections to the right -of -way. A waiver may be granted by the Planning and Zoning Commission which would allow a reduction in the minimum required landscape buffer when off - street parking is located entirely along the side or rear of the building or lot. 21.14.3.E E. Building Setback Line. A minimum fifty foot (50') building setback shall be required adjacent to all rights -of -way. A waiver may be granted by the Planning and Zoning Commission which would allow for a reduction in the minimum required setback when an alternative site layout and design provides for additional open space or landscaping and off - street parking will be located entirely at the rear of the building or lot. In no case shall the minimum building setback be reduced less than the minimum required setback for the applicable zoning district in accordance with Article 5. 21.14.5.0 C. Waivers. Where the City Manager or his /her designee finds that extraordinary hardship may result from strict compliance with the regulations prescribed in this Article, the City Manager or his /her designee may vary the regulations so that substantial justice may be done and the public interest secured, provided that such waiver will not have the effect of nullifying the intent and purpose of this Article. In granting waivers and modifications, the City Manager or his /her designee may require such conditions as will, in his /her judgment, secure substantially the objective of the standards or requirements so varied or modified. In the event the City Manager or his /her designee should disapprove a request for a waiver, the applicant may request an appeal to the Planning and Zoning Commission. TO: Planning and Zoning Commission 3'f�� .'fTTiTsTiil�ihlNU TTi=I CASE: ZC2017 -009 — Article 4, Section 21.4.15 Public Infrastructure Improvement Construction Plans and Community Facilities Agreements — UDC Amendment SUBJECT: Hold a public hearing, consider and make a recommendation on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 4, Section 21.4.15 Public Infrastructure Improvement Construction Plans and Community Facilities Agreements GENERAL INFORMATION: As stated in the UDC, City Council from time to time may make amendments, change or modify text to any portion of the UDC to establish and maintain sound stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals and State and Federal regulations. This amendment was drafted by Planning and Engineering Staff and reviewed by the City Attorney (Dan Santee, Denton Navarro Rocha Bernal & Zech). BACKGROUND SUMMARY: UDC Section 21.4.15 Public Infrastructure Improvement Construction Plans and Community Facilities Agreements was identified as a section in need of revision. Planning and Engineering staff reviewed the section for consistency with requirements associated with subdivisions that require public infrastructure improvements and also evaluated the requirements in relation to Engineering Department's process for reviewing construction plans that are submitted for public infrastructure improvements associated with development. Planning and Engineering staff held a number of internal meetings to discuss what needed to be revised and to review proposed amendment drafts. As part of the internal evaluation process, staff also looked at surrounding jurisdictions to assure that the proposed amendments were similar in nature to other jurisdiction's requirements for public infrastructure improvements. PROPOSED AMENDMENTS: Below is a summary of the proposed amendments to Section 21.4.15 • Change to the current Application Requirements subsection to mention submittal and approval requirements for construction plans for public infrastructure improvements to provide consistency with construction plan approval requirements associated with processing of final plats. • Add expiration and extension requirements. • Modify the term "Community Facilities Agreement" to "Improvement Agreements ". • Modify the warranty bond requirement from one year to two years. • Add a definition for "Public Infrastructure" to the Definitions section of the UDC. • Modify the term "maintenance bond" to "warranty bond ". • Revise UDC Section 21.12.10.F.2.a to be consistent with the proposed amendments to UDC Section 21.4.15. • Update UDC Section 21.9.105, Parkland Development Agreements, to provide consistency with Subsection 21.4.15.F. STAFF ANALYSIS AND RECOMMENDATION: Staff recommends approving the amendments to Unified Development Code (UDC), Article 4, Section 21 A.15 — Public Infrastructure Improvement Construction Plans and Community Facilities Agreements as presented. COMMISSIONERS CRITERIA FOR CONSIDERATION: In considering action, the Commission should consider the criteria within UDC, Section 21.4.7 D. Attachments: Article 4, Section 21.4.15 Public Infrastructure Improvement Construction Plans and Community Facilities Agreements — Proposed Article 4, Section 21.4.15 Public Infrastructure Improvement Construction Plans and Community Facilities Agreements — Current iN DRAFT — 08/31/2017 PROPOSED REVISIONS TO SECTION 21.4.15 Sec. 21.4.15 Public Infrastructure Improvements, Construction Plans, and Improvement Agreements A. Applicability The provisions of this section applies to the construction of any public infrastructure improvements. B. Processing of Construction Plans and Decision 2. 3 if Submittal Construction plans shall be designee prior to construct Submittal of construction pla. Department's permitting refit Decision by the City .ted to the City Manager or his /her public infrastructure improvements. be in accordance with the Engineering The City Manager or his/her designee may approve, , approve with conditions, or deny the construction plans. Criteria for Approval The City Manager or his /her designee, or the City Council on appeal, shall apply the following criteria in making a decision on the construction plans: a. The construction plans are consistent with the approved preliminary plat or they proposed final plat in the event that the public infrastructure improvements are in relation to a plat; and b. The construction plans conform to all applicable regulations pertaining to the construction and installation of public The approval of construction plans shall remain in effect for two years after the date the construction plans were approved by the City Manager or his/her designee. if construction of the project has not commenced during the two year period, approval of the construction plans shall expire. For public infrastructure improvements that are associated with a final plat, approval of the construction plans shall remain in effect for the time that approval of the final plat is in effect and shall expire when approval of the final plat expires, unless an extension is granted, pursuant to Section 21.4.15.13.5, Extension. 1 DRAFT — 08/31/2017 C. Q 5 PROPOSED REVISIONS TO SECTION 21.4.15 Extension At the written request of the property owner or their representative, the expiration date for the approval of construction plans may be extended by the City Manager or his /her designee for a period not to exceed six (6) months. Timing of Public Infrastructure Improvements 1. Completion Prior to Final Plat For public infrastructure improvements subdivision or development, except as pro improvements shall be in accordance with and shall occur before an approved fini obligation to construct public infrastrui deferred and an improvement agreement is 2. Installation after Final Plat 1. associated with a proposed ided below, completion of the ie approved construction plans plat is recorded, unless the are improvements has been The property owner or applicant may request to defer the obligation to construct and install one (1) or more public improvements to serve the associated subdivision until after final plat recordation. The request shall be submitted in writing and specify what is being requested for deferral. Deferral of the obligation to install public improvements shall be conditioned on execution of an improvement agreement and provision of sufficient security. The City Manager or his/her designee may approve or deny the request to defer installation of public infrastructure improvements. Off- -Site Easements' All necessary off-site easements required for installation of off -site public improvements to serve the subdivision or development shall be acquired by the subdivider or ;developer and conveyed solely to the City by an instrument approved by the City. of Public Infrastructure Improvements Inspection of the public infrastructure improvements shall be conducted by the Engineering Department. Construction shall be in accordance with the approved construction plans. Any significant change in design required during construction shall be subject to approval by the City Manager or his /her designee. 2. Submission of As -Built Plans or Record Drawings N DRAFT - 08/31/2017 3. PROPOSED REVISIONS TO SECTION 21.4.15 The City shall not accept dedication of required public improvements until the applicant has submitted detailed "as- built" record drawings in accordance with Engineering Department's requirements. Acceptance of Improvements When the City Manager or his /her designee has determined that the public infrastructure improvements have been installed in accordance with the approved Construction Plans, the City Manager or his /her designee shall accept such improvements on behalf of the City. Acceptance of the improvements shall mean that the property owner has transferred all rights to all the public improvements to the City for use and maintenance. Upon acceptance of the required public improvements, the City Manager or his /her designee shall have a certificate issued to the property owner stating that all required public improvements have been satisfactorily completed. E. Maintenance and Warranty of 1. Maintenance During C The developer shall t construction of the de-v 2. Bond 19 all uired public improvements during or owner .shall covenant to warranty the required public for a period of two (2) years following acceptance by the wired public improvements or following the date of plat tichever occurs later. A warranty bond shall be provided in 20% of the costs of the improvements for such period. All ments shall be bonded. Obligations Under Agreement Whenever public improvements to serve development are deferred until after recordation of the final plat, the property owner shall enter into an Improvement Agreement and provide adequate security as determined by the City Manager or his /her designee. The Improvement Agreement shall be subject to review and approval by the City Manager or his /her designee and the City Attorney. The agreement shall contain the following provisions: a. covenants to complete the improvements be no later than two (2) years after approval of the final plat, unless otherwise stipulated in the terms and conditions of the Improvement Agreement; 3 DRAFT — 08/31/2017 G PROPOSED REVISIONS TO SECTION 21.4.15 b. covenants to warranty the required public improvements for a period of two (2) years following acceptance by the City of all required public improvements, unless stated otherwise in the Improvement Agreement; C. covenants to provide a warranty bond in the amount of 20% of the costs of the improvements for such period, unless stated otherwise in the Improvement Agreement; d. provisions for participation in the costs of the improvements by the City, if authorization has been obtained from the City Council, and a performance bond for such improvements from the contractor; e. provisions for securing the obligations of the agreement consistent with subsection G below; and f. such other terms and conditions as are agreed to by the City and the property owner, or as may be required by this UDC. Covenants to Run with the Land The Improvement Agreement shall provide that the covenants contained in the Agreement run with the land and bind all successors, heirs and assignees of the property owner. All existing owners and lienholders shall be required to execute the Agreement or provide written consent to the covenants contained in the Agreement. Security for Completion of Improvements I. Security Whenever the property owner has entered into an Improvement Agreement to defer installation of public improvements, the property owner shall provide sufficient security for completion of the required public improvements. The security shall be in the form of a cash escrow, a performance bond or surety bond provided by a licensed surety company, or other security as approved by the City Manager or his /her designee. 2. Amount and Acceptability The security shall be issued in the amount of 125% of the estimated cost of completion that is approved by the City Manager or his/her designee for the required public infrastructure improvements. The terms of the security agreement shall be subject to the approval of the City Manager or his /her designee and the City Attorney. 4 DRAFT — 08/31/2017 PROPOSED REVISIONS TO SECTION 21.4.15 3. Remedies Where an Improvement Agreement has been executed and security has been posted and required public improvements have not been installed in accordance with the terms of the agreement, the City may: a. declare the Agreement to be in default and require that all the public improvements be installed regardless of the extent of completion of the development at the time the Agreement is declared to be in default; b. obtain funds under the itself or through a third p C. assign its right to including a subs( the subsequent complete the pub Update Article 16 Definitions to include Public Infrastructure: Infrastructure that to improvements of the following: water valves and associated devices), wastewa system (including drainage easements, cl landscaping), sidewalks, and roadways. Update to Section 21.12.10.F.2.a to owner of the s agreement complete the improvements security to any third party, elopment in exchange for 1 posting of security to r public use to include but not be limited .ing water distribution lines, fire hydrants, roes, manholes, and lift stations), drainage sewer lines and inlets and associated "maintenance bond" to "warranty bond ". Update to Section 21.9.10.17 to change the title to "Parkland Improvement Agreement" and the paragraph to read, "The property owner or applicant may request to defer the obligation to dedicate parklands and /or develop parklands until after a final plat recordation. The request shall be submitted in writing and specify what is requested for deferral. Deferral of the obligation to dedicate parkland and/or develop parklands shall be conditioned on execution of an Improvement Agreement and provision of sufficient security, pursuant to Section 21.4.15.F, Improvement Agreements. The City Manager or his /her designee may approve or deny the request to defer obligations to dedicate parkland dedication and /or develop parklands." 5 CURRENT UDC SECTION 21.4.15 Sec. 21.4.15 Public Infrastructure Improvement Construction Plans and Community Facilities Agreements A. Applicability Every subdivision or development which requires the installation of public infrastructure improvements to serve the proposed subdivision or development is required to submit construction plans to ensure that the required improvements are constructed in accordance with all applicable standards of this UDC or any other codes of the City pertaining to the construction and installation of the improvements. All public infrastructure improvement construction plans shall be submitted and approved prior to an application for a final plat. B. Application Requirements Any request for an approval of construction plans shall be accompanied by an application prepared in accordance with the requirements of the Public Works Department. The Director of Public Works shall be responsible for determining the form and content of the construction plans. C. Processing of Application and Decision 1. Submittal An application for approval of construction plans shall be submitted to the Director of Public Works prior to or concurrently with an application for final plat. The Director of Public Works shall transmit the plans to the appropriate City Departments and consultants for review. The Director of Public Works shall provide written notification of any items requiring correction or attention within thirty (30) days after submittal of a complete application. 2. Decision by the Director of Public Works The Director of Public Works shall be responsible for the final approval of any construction plans and may approve, approve with conditions, or deny said construction plans. Once the construction plans are approved, the property owner shall provide additional sets of the approved plans to the City, as required by the Director of Public Works, for use during construction. A full set of the City- approved and stamped construction plans must be available for inspection on the job site at all times. 3. Revisions to Construction Plans If the conditions of approval require revision(s) to the construction plans, one (1) set shall be marked with objections noted (on the plans themselves and in memo format) and returned to the applicant for correction, whereupon the applicant's engineer shall correct the plans as requested and CURRENT UDC SECTION 21.4.15 resubmit them for decision. A properly revised set of construction plans shall be submitted to the Director of Public Works. The Director shall approve or deny the revised set of plans. 4. Appeals Any person or persons aggrieved by any decision of the Director of Public Works, or any taxpayer or any officer, department, or board of the City may appeal the decision of the Director of Public Works to the City Council and shall be decided prior to action on a Final Plat. An appeal of the Director's decision must be accompanied by a written statement regarding the grounds for appeal and shall be certified and documented by a professional engineer licensed in the State of Texas. D. Criteria for Approval When considering final action on public infrastructure improvement construction . plans, the Director of Public Works, or the City Council on appeal, should consider the following criteria: the plans are consistent with the approved preliminary plat or the proposed final plat; 2. the plans conform to all applicable regulations pertaining to the construction and installation of public infrastructure improvements; and 3. the plans have been reviewed and approved by the City Engineer. E. Timing of Public Infrastructure Improvement Construction. Completion Prior to Final Plat Recordation Except as provided below, after approval of a preliminary plat and before an approved final plat is recorded, the installation of all public infrastructure improvements required to serve the subdivision, whether to be located off - site or on -site, including but not limited to water, wastewater, drainage, roadway and park improvements, shall be completed in accordance with the approved public infrastructure improvement construction plans. The installation of improvements required for proper drainage and prevention of soil erosion on individual residential lots, and improvements on any common areas shall also be completed prior to recordation of the final plat in accordance with the approved construction plans. 2. Installation after Final Plat Approval The property owner or applicant may request to defer the obligation to construct and install one (1) or more public improvements to serve the subdivision until after final plat recordation. The request shall be submitted CURRENT UDC SECTION 21.4.15 with an application for preliminary plat approval to provide fair notice of the intent of the developer. Deferral of the obligation to install public improvements shall be conditioned on execution of a subdivision improvement agreement and sufficient surety to secure the obligations defined in the agreement. 3. Off -Site Easements All necessary off site easements required for installation of off -site public improvements to serve the subdivision or development shall be acquired by the subdivider or developer and conveyed solely to the City by a deed approved by the City Attorney. F. Community Facilities Agreement Obligations under Agreement Whenever public improvements to serve the development are deferred until after recordation of the final plat, the property owner shall enter into a community facilities agreement by which the owner covenants to complete all required public improvements, including residential lot improvements for drainage or erosion control, and common area improvements, no later than two (2) years after the date upon which the final plat is approved. The agreement shall be subject to review and approval by the City Attorney and City Engineer, and shall be approved by the City Manager or his /her designee. The agreement shall contain the following provisions: a. covenants to complete the improvements; b. covenants to warranty the improvements for a period of two (2) years following acceptance by the City; covenants to provide a maintenance bond in the amount of 1.25% of the costs of the improvements for such period; d. provisions for participation in the costs of the improvements by the City, if authorization has been obtained from the City Council, and a performance bond for such improvements from the contractor, with the City as a co- obligee; provisions for securing the obligations of the agreement consistent with subsection G below; and f. such other terms and conditions as are agreed to by the property owner and the City, or as may be required by this UDC. CURRENT UDC SECTION 21.4.15 2. Covenants to Run with the Land The community facilities agreement shall provide that the covenants contained in the agreement run with the land and bind all successors, heirs and assignees of the property owner. All existing lienholders shall be required to execute the agreement or provide written consent to the covenants contained in the agreement. The City shall deliver a release to bona fide third party purchasers of individual lots when all required public improvements have been accepted by the City. G. Security for Completion of Improvements Security Whenever the obligation to install public improvements to serve a subdivision or development is deferred until after recordation of the final plat, the property owner shall provide sufficient security to ensure completion of the required public improvements. The security shall be in the form of one of the following: a. a cash escrow with the City; b. a performance bond provided by a licensed surety company; a certificate of deposit issued by any financial institution which is insured by the Federal Deposit Insurance Corporation or Federal Savings and Loan Insurance Corporation assigned to the City and providing for the City to withdraw the deposit if necessary to complete construction; or d. a trust agreement in a form approved by the City Attorney. 2. Amount and Acceptability The security shall be issued in the amount of 1.25% of the cost estimate approved by the City Engineer and Director of Public Works for all public improvements associated with the subdivision. The terms of the security agreement shall be subject to the approval of the City Attorney. 3. Building Permits No building permit shall be released until all public improvements within the development have been accepted by the City. CURRENT UDC SECTION 21.4.15 4. Remedies Where a community facilities agreement has been executed and security has been posted and required public improvements have not been installed in accordance with the terms of the agreement, the City may: a. declare the agreement to be in default and require that all the public improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default; b. obtain funds under the security and complete the improvements itself or through a third party; or C. assign its right to receive funds under the security to any third party, including a subsequent owner of the development in exchange for the subsequent owner's agreement and posting of security to complete the public improvements serving the tract. H. Inspection and Acceptance of Public Improvements 1. Inspections Construction inspection shall be supervised by the Public Works Department. Construction shall be in accordance with the approved construction plans. Any significant change in design required during construction shall be made by the subdivider's engineer, and shall be subject to approval by the Director of Public Works and the City Engineer. If the Director finds upon inspection that any of the required public improvements have not been constructed properly and in accordance with the approved construction plans, the property owner shall be responsible for completing and /or correcting the public improvements. 2. Submission of As -Built Plans or Record Drawings The City shall not accept dedication of required public improvements until the applicant's engineer has certified to the Director of Public Works, through submission of a detailed "as- built" record drawing or survey plat of the property and any off -site easements, the location, dimensions, materials, and other information establishing that the public improvements have been built in accordance with the approved construction plans. Each "as- built" sheet shall show all changes made in the plans during construction and on each sheet there shall be an as -built stamp bearing the signature of the engineer and date. "As- built" items required are as follows: a. one (1) set of full size plans; b. electronic (digital) copies of all plans in CAD .dxf or Awg format and .pdf format; CURRENT UDC SECTION 21.4.15 C. design Engineer's Certificate of Review; and d. letter with guaranties and costs of all infrastructure being dedicated to the City to include information regarding: linear feet of streets, public drainage, sewer lines and water lines. 3. Acceptance of Improvements When the Director of Public Works has determined that the public improvements have been installed in accordance with the approved construction plans, the Director shall accept such improvements on behalf of the City. Acceptance of the improvements shall mean that the property owner has transferred all rights to all the public improvements to the City for use and maintenance. The Director of Public Works may accept dedication of a portion of the required public improvements, provided adequate surety has been given for the completion of all of the other improvements. Upon acceptance of the required public improvements, the Director shall have a certificate issued to the property owner stating that all required public improvements have been satisfactorily completed. 4. Disclaimer Approval of a preliminary or final plat by the Planning and Zoning Commission shall not constitute acceptance of any of the public improvements required to serve the subdivision or development. No public improvements shall be accepted for dedication by the City except in accordance with this section. 1. Maintenance and Warranty of Improvements 1. Maintenance During Construction The developer shall maintain all required public improvements during construction of the development. The developer or owner shall covenant to warranty the required public improvements for a period of one (1) year following acceptance by the City of all required public improvements and shall provide a maintenance bond in the amount of 125% of the costs of the improvements for such period. All improvements located within an easement or right -of -way shall be bonded. TO: Planning and Zoning Commission 3'f�� .'fTTiTsTiil�ihlNU TT,=I CASE: ZC2017 -010 — Article 4, Section 21.4.3 Notice Requirements — UDC Amendment This amendment was drafted by Planning Staff and reviewed by the City Attorney (Dan Santee, Denton Navarro Rocha Bernal & Zech) after two workshops were conducted with the Planning & Zoning Commission on July 26, 2017 and August 9, 2017. BACKGROUND SUMMARY: After the Planning and Zoning Commission requested Planning staff to research posting public hearing notice signs on project sites for zone change requests, staff evaluated UDC Section 21.4.3 Notice Requirements to include an additional requirement for posted notices. Section 21.5.4.C.2 is also amended to require posted notices for proposed zone change applications. Prior to the proposed amendments, staff conducted research that involved reviewing surrounding jurisdictions' Code requirements, contacting other city planning staff to discuss typical sign size, content of signs, responsibility of posting the notice signs, and implementation of the requirements. The research also included collecting price estimates for signs, and communicating with the City's sign shop to determine the feasibility of producing signs in- house. PROPOSED AMENDMENTS: • Amending Section 21.4.3 to add a new subsection called "Posted Notice" that requires posting a notice on the premises of the project site for certain public hearing items. • Section 21.5.4.C.2 is modified to require posted notice as a requirement for Zone Change /Zoning Map Amendment applications. STAFF ANALYSIS AND RECOMMENDATION: Staff recommends approving the amendment to the Unified Development Code (UDC), Article 4, Section 21.4.3 — Notice Requirements and associated amendment to Section 21.5.4.C.2 as presented. COMMISSIONERS CRITERIA FOR CONSIDERATION: In considering action, the Commission should consider the criteria within UDC, Section 21.4.7 D. Attachments: Article 4, Section 21.4.3 Posted Notice — Proposed Article 5, Section 21.5.4.C.2 — Proposed iN PROPOSED REVISIONS TO SECTION 21.4.3 & 21.5.4 Sec. 21.4.3 Notice Requirements A. Published Notice Whenever published notice of a public hearing before a Board, Commission, Committee or the City Council is required, the City Manager or his /her designee shall cause notice to be published in an official newspaper or a newspaper of general circulation in the City before the fifteenth (15th) day before the date set for the required hearing. Said notice shall set forth the date, time, place and purpose of the hearing as required under LGC section 211.006(a). B. Written Notice It shall be the responsibility of the applicant to periodically check sign locations to PROPOSED REVISIONS TO SECTION 21.4.3 & 21.5.4 See. 21.5.4 Zoning Change /Zoning Map Amendment A. Applicability 1. The City Council may, from time to time, on its own motion, by request of the City Manager or his /her designee, or by application from a property owner, establish or amend the boundaries shown on the Official Zoning Map of the City. A zoning change or zoning map amendment is required to establish the use of land and the development associated with the proposed zoning classification for the purpose of establishing and maintaining sound, stable and desirable development within the City. 2. Approval of a zoning change or zoning map amendment authorizes a property owner to submit subsequent development applications consistent with the amendment. B. Application. Requirements 1. Application Required 2. Any request for a zoning change or zoning map amendment shall be accompanied by an application and zoning exhibit prepared in accordance with the Development Services Department Development Manual. A request for a zoning change or zoning map amendment may be accompanied; by an application for amendment of the Future Land Use Map or by a Subdivision Master Plan. Approval of a zoning change or zoning map amendment shall require all subsequent development applications to be consistent with the approved amendments. Tax Certificate Required All applications made as a request for a zoning change or zoning map amendment shall be accompanied by a copy of a Tax Certificate. C. Processing of Application and Decision 1. Submittal An application for a zoning change or zoning map amendment shall be submitted to the City Manager or his /her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his /her designee may, at its option, request a recommendation from any other City Department or consultant. The City Manager or his /her designee shall notify the applicant of items requiring correction or attention before providing a 2. PROPOSED REVISIONS TO SECTION 21.4.3 & 21.5.4 recommendation on the application. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the Planning and Zoning Commission for consideration. Notification Requirements An application for a zoning change or zoning map amendment requires the following notification in accordance with section 21.4.3: a. written notice prior to cons Commission; and b. published notice prior to C, posted notice prior Commission and or by the Planning and Zoning by the City Council. the Planning and Zoning / the ("'ity Council. Committee of Committee Advisory Board Meeting Summary August 16, 2017 Board, Committee, Commission Report /Updates CCAB was provided the summary document that contained the most recent updates /information for each board /commission /committee. CCAB members touched on the highlights from their respective board /commission /committee. Citizen Survey Discussion Assistant to the City Manager, Sarah Gonzalez and Public Affairs Director, Linda Klepper provided a summary of the Citizen Survey which identified the need for increased communication between the City and Schertz residents. Ms. Klepper highlighted several initiatives that are underway through the public affairs department to better listen to Schertz residents. Public Affairs is also focusing on specific tools to help send information out to Schertz residents. City Manager Report /Updates /Budget City Manager, John Kessel, provided an overview of the proposed FY 2017 -18 budget. Mr. Kessel highlighted that the proposed budget addresses the main items addressed in the citizen survey and other input received by staff. 22 new staff positions will be created including 2 police officers, code enforcement, inspections, and public works. The proposed budget allocates $1.3 million towards storm water maintenance for drainage. Mr. Kessel said that the proposed budget utilizes current reserves while ensuring that the City maintain its 26% reserve threshold over the next five years. August 16, 2017 reports from boards and commissions (Last CCAB meeting June 21, 2017) BOA Board of Adjustments has not had a meeting since the last CCAB meeting. Planning and Zoning Commission —June 28, 2017, July 26 and August 9, 2017 At their June 28 meeting the Commission approved two plats At their July 26 meeting the Commission approved a plat of the SCUCISD administrative property and preliminary plat for phase 3 of Hallie's Cove. At their August 9 meeting the Commission discussed requirements to post zoning notification signs on properties being considered for rezoning to better inform the public. TSAC — August 8, 2017 TSAC received an update on an effort by Engineering and GIS to create an online database of traffic counts and studies that the public can access. TSAC also discussed the Issue of parking along Ashley Oak Drive near FM 3009. This issue came up during a rezoning of the Autumn Winds facility. After reviewing the situation TSAC recommended taking no action at this time, as restricting parking near FM 3009 would likely cause those parking on the street to park further down Ashley Oak in front of residential homes. Additionally, the proposed expansion of Autumn Winds will add more parking as will the relocation of a high use medical office on the other side of Ashley Oak that is contributing to the parking problem. Finally, TSAC discussed problem of parking over drainage inlets in residential neighborhoods. Historic Preservation —July 17 and August 14 At their July 17 meeting the SHPC discussed newsletter articles, additional banners in Aviation Heights and a Main Street Grant request. At their August 14 special meeting the SHPC considered a Main Street Grant request. Parks and Recreation Advisory Board —June 26 and July 24 At their June 26 meeting the Board discussed the tour of Park facilities that was conducted on May 19 and 20. They also discussed not allowing drone operations in City Parks for safety reasons to the degree the City can regulate it. At their July 24 meeting the Board recommended that City Council name the small park on Schertz Parkway, between Ashley Park and Jonas Drive as "No Name Park" after discussing when it might be appropriate to name a park after a person — the thought being the person should have some connection to the park being considered. Library Board — August 7, 2017 The library Board reviewed the Treasurers', Librarian's, Bookstore and CCAB reports for the past month. The Board also discussed the proposed library budget for FY 2017 -18. Schertz Economic Development Corporation SEDC met on June 22 and July 27 On June 22 the SEDC Board of Directors approved the FY 2017 -18 budget which will now go to the City Council for final approval. The expenses for FY 2017 -18 are projected to increase by 7.2% from the FY 2016 -17 year -end estimate. The City Assistance fund was adjusted to account for the $500,000 Small Business Grants that may be used to attract companies that create primary jobs and help diversify the Schertz economy. The budget included a proposed expenditure of up to $265,000 for permit software. The software will help increase the efficiency of the City's development process which directly impacts commercial development. The FY 2017 -18 Service Agreement between the SEDC and City of Schertz increased 2.5% to $441,395. The Service Agreement creates a not -to- exceed amount for administrative services such as personnel, finance, accounting, insurance, human resources, IT, and fleet. The Service Agreement also allows the SEDC to utilize the City's pre- negotiated rate for services such as legal, telecom, and copying. The Operations Support fund increased by $43,500 to be to be used as part of the expansion of the SEDC's marketing strategy to promote the City of Schertz and the attraction of new Primary Jobs. The budget allocates funds to continue the SEDC's commitment to expand our local businesses through the implementation of the SEDC Business Retention and Expansion Plan. Lastly, $20,000 was proposed to be used for the SEDC's 20th anniversary celebration which will occur in the spring of 2018. On July 27 the SEDC Board of Directors received a report on the Schertz economy and local workforce. Going forward, staff will create a quarterly economic report which will provide economic, real estate, employment, and other indicators which will be used by the Board of Directors to monitor changes in the local and state economy as well as to adjust the current strategy and policy of the SEDC. Additionally, during the July meeting, the SEDC Board of Directors approved a service agreement between the SEDC and Comal County to provide economic development services on behalf of the County. This will allow SEDC Staff to facilitate projects that may qualify for economic development incentives through Coma[ County. Committee of Committees Advisory Board (CCAB) June 21, 2017 Citizen Survey This presentation focused on efforts bythe Cityto improve communication to the public, with staff noting that a future meeting would focus on how communication from the public to the City can be improved. City communication with the public is in the top half of City services that should receive the most emphasis over the next two years, but ranked last in satisfaction. In light of the responses received in the Citizen Survey, the City must work to improve in this area. Staff discussed the responses provided regarding citizens' primary sources of information and primary electronic sources. Staff also discussed the City's primary means of communication with the public — Schertz Magazine and City Website. Staff provided a short update on the website update and then discussed more recent changes in how the City communicates. This includes rethinking the Schertz Magazine to focus on a number of different types of stories, email blasts, Facebook, and water bill inserts. Much of the discussion centered on changing community expectations — timeliness of communication for example. Previously the City could issue a press release that might appear in the newspaper in a few days, now citizens want to know if a traffic accident will impact their commute home. Further discussion to follow with CCAB. Use of City Sports Fields for tournaments This item was included on the agenda after a question arose about use of the soccer and baseball complexes for tournaments. Chuck VanZandt, Parks Director, provided an overview of the management and operation of both complexes. He explained that the City has for a number of years entered into license agreements with the Buffalo Valley Youth Sports Association (BVYA) and the Schertz Youth Soccer Alliance (SYSA) to operate the City's sports fields. Both organizations focus primarily on providing opportunities for children from this community to participate in sports leagues regardless of their skill level. While both organizations may have teams /leagues for children who participate in a more competitive setting, it is not at the expense of providing an opportunity for as many children as possible to participate. As such, local league play is the community's top priority. Although league play takes up most of the available time year round, both organizations do host tournaments and will allow tournament play, but they make sure the fields have adequate time to recover and regrow. The need to maintain the quality of the fields by not overplaying them is something the City has stressed in light of the significant investment the City has made.