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12-13-22 Agenda with backup
MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL December 13, 2022 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 CITY OF SCHERTZ CORE VALUES Do the right thing Do the best you can Treat others the way you want to be treats Work cooperatively as a tea Call to Order Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Scagliola) City Events and Announcements • Announcements of upcoming City Events (B. James /S. Gonzalez) • Announcements and recognitions by the City Manager (S. Williams) . Announcements and recognitions by the Mayor (R. Gutierrez) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the December 13, 2022 City Council Agenda Page 1 Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes — Consideration and /or action regarding the approval of the minutes of the regular meeting of November 1, 2022. (S.Edmondson) 2. Resolution No. 22 -R -130 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas approving a request for a Schertz Main Street Local Flavor Economic Development Grant for 817 Main Street. (S.Williams /B. James) 3. Resolution No. 22 -R -136 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas approving a request for a Schertz .Main Street Local Flavor Economic Development Grant for 507 Main Street. (S.Williams /B. James) 4. Ordinance No. 22 -T -49 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas, authorizing an adjustment to the fiscal year 2022 -2023 budget, repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. (Final Reading) (B. James /J. Walters) 5. Ordinance No. 22 -S -45 Consideration and/ or action on a request to rezone approximately 0. 14 acres of land from Single - Family Residential District (R -2) to Main Street Mixed Use District (MSMU), generally located southeast of the intersection of Randolph Ave and Exchange Ave, also known as 204 Randolph Ave, also known as Guadalupe County Property Identification Number 67555, Guadalupe County, Texas. (B. James, L. Wood, E. Delgado) (Final Reading) 6. Ordinance No. 22 -S -42 - Consideration and /or action on a request to rezone approximately 31 acres of land from General Business District (GB) to Single- Family Residential District (R -2), the property, a portion of Parcel ID 63998, generally located approximately 1,000 feet to the northwest of the Eckhardt Road and Green Valley Road intersection. City of Schertz, Guadalupe County, Texas. (B. James, L. Wood, S. Haas) (Final Reading) 7. Ordinance No. 22 -S -44 - Consideration and/ or action on a request to rezone approximately 75 acres of land from General Business District (GB) and Manufacturing District -Light (M -1) to Planned Development District (PDD), generally located southeast of the intersection of IH 35 and Cibolo Valley Drive, also known as Guadalupe County Property Identification Numbers 68313, 68314, and 148510, City of Schertz, Guadalupe County, Texas. (B. James, L. Wood, E. Delgado) (Final Reading) Discussion and Action Items December 13, 2022 City Council Agenda Page 2 8. Resolution No. 22 -R -132 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas creating the Schertz Senior Citizen Emergency Expense Support Program. (S. Williams /B. James) 9. Resolution 22 -R -137 - Consideration and/or action by the City Council of the City of Schertz, Texas authorizing the land acquisition of a 10.5 -acre property on Dry Comal Creek generally at FM 482 and Bunker Street, and specifying funding sources, and other matters in connection therewith. (B. James /L. Shrum) Closed Session 10. The City Council will meet in closed session under Section 551.087 of the Texas Government Code, Deliberation Regarding Economic Development Negotiations; Closed Meeting. The governmental body is not required to conduct an open meeting (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect.- Project E -088 11. The City Council will convene in closed session pursuant to Section 551.071 of the Texas Government Code to conduct a private consultation with its attorney about pending or contemplated litigation or a settlement offer on one or more of the following matters: Green Valley Special Utility District vs. City of Schertz et al Case No. 17 -CV- 00819 -LY (U.S. District Court, Western District of Texas, Austin Division); City of Schertz v. United States Department of Agriculture, et al., No. 19 -51056 (U.S. Fifth Circuit Court of Appeals); City of Schertz, Texas v. Texas Commission on Environmental Quality, et al. No. 07 -20- 00167 -CV (Seventh Court of Appeals, Amarillo, Texas); Green Valley Special Utility District v. the Public Utility Commission of Texas and DeAnn T. Walker; Arthur C. D'Andrea, Jr.; Shelly Botkin;in their official capacities as Commissioners of the Public Utility Commission of Texas; and John Paul Urban in his official capacity as Executive Director the Public Utility Commission of Texas; and the City of Schertz, Texas. Cause No. D- 1- GN -1.8- 000535, In the District Court of Travis County, Texas, 419th Judicial District; Application of Green Valley Special Utility District for New TPDES Permit, No. WQ0015917 -001 (Texas Commission on Environmental Quality) 12. The City Council will meet in Closed Session under Section 551.074 of the Texas Government Code, Personnel Matters, to discuss the vacancy of the City Secretary position. Reconvene into Regular Session Roll Call Vote Confirmation Information available in City Council Packets - NO DISCUSSION TO OCCUR December 13, 2022 City Council Agenda Page 3 Requests and Announcements • Announcements by the City Manager • Requests by Mayor and Councilmembers for updates or information from Staff . Requests by Mayor and Councilmembers that items or presentations be placed on a future City Council agenda . Announcements by Mayor and Councilmembers • City and Community Events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing Education Events attended and to be attended • Recognition of actions by City Employees *Recognition of actions by Community Volunteers Adjournment CERTIFICATION I, SHEILA EDMONDSON, INTERIM CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 9TH DAY OF DECEMBER 2022 AT 4:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. SHEILA EDMONDSON I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF .2022. TITLE: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services, please call 210 - 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into closed 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. Closed Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Closed Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Gutierrez Audit Committee Board of Adjustments Investment Advisory Committee Main Street Committee Councilmember Scagliola — Place 5 Animal Advisory Commission - Alternate Cibolo Valley Local Government Corporation - Alternate Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions - Alternate December 13, 2022 City Council Agenda Page 4 December 13, 2022 City Council Agenda Page 5 Schertz- Seguin Local Government Corporation Councilmember Davis— Place 1 Councilmember — Place 2 (VACANT) Interview Committee for Boards and Commissions Main Street Committee - Chair Parks & Recreation Advisory Board Schertz Housing Authority Board Transportation Safety Advisory Commission TIRZ 11 Board Councilmember Whittaker — Place 3 Councilmember Dahle — Place 4 Audit Committee Cibolo Valley Local Government Corporation Historical Preservation Committee Interview Committee for Boards and Commissions Interview Committee for Boards and Commissions Planning & Zoning Commission Library Advisory Board TIRZ II Board TIRZ II Board Councilmember Heyward — Place 6 Councilmember Brown — Place 7 Animal Advisory Commission Economic Development Corporation Audit Committee Main Street Committee Building and Standards Commission Schertz- Seguin Local Government Corporation - Alternate Economic Development Corporation - Alternate Investment Advisory Committee Main Street Committee December 13, 2022 City Council Agenda Page 5 Agenda No. 1. CITY COUNCIL MEMORANDUM City Council December 13, 2022 Meeting: Department: City Secretary Subject: Minutes — Consideration and /or action regarding the approval of the minutes of the regular meeting of November 1, 2022. (S.Edmondson) BACKGROUND RECOMMENDATION Recommend Approval. Attachments Minutes 11 -01 -2022 DRAFT MINUTES REGULAR MEETING November 1, 2022 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on November 1, 2022, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Present: Mayor Ralph Gutierrez; Mayor Pro -Tem Allison Heyward; Councilmember Mark Davis; City Council Place 2 - Vacant; Councilmember Jill Whittaker; Councilmember Michael Dahle; Councilmember David Scagliola; Councilmember Tim Brown City City Manager Mark Browne; Assistant City Manager Brian James; City Attorney Staff: Daniel Santee; Assistant to the City Manager Sarah Gonzalez; Interim City Secretary Sheila Edmondson Call to Order Mayor Gutierrez called the meeting to order at 6:00 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Whittaker) Mayor Gutierrez recognized Councilmember Jill Whittaker who provided the opening prayer followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. Presentations • Proclamation - Municipal Court Appreciation Week - November 7th -11th, 2022 Mayor Gutierrez proclaimed the week of November 7th -11th, 2022 as Municipal Court Appreciation Week and presented Municipal Court Clerks with the Municipal Court Appreciation. Week Proclamation. • Proclamation - International Accounting Day - November 10th, 2022 Mayor Gutierrez proclaimed November 1.0, 2022, as International Accounting Day and presented James Walters, City of Schertz Finance Director, and Babett Martin, City of Schertz Assistant Finance Director, with the International Accounting Day 2022 Proclamation. City Events and Announcements • Announcements of upcoming City Events (B. James /S. Gonzalez) Mayor Gutierrez recognized Assistant to the City Manager Sara Gonzalez who provided the following information: Early voting for November 8 General Election continues through Friday, November 4, 2022 Check the City Website for locations, dates and times. Tuesday, November 8 Election Day Refer to City Website for locations Thursday, November 10 Northeast Partnership Monthly meeting 11:30 a.m. Olympia Hills Golf Course and Conference Center RSVP to Sheila Friday, November 11 Veterans Day City Offices Closed Veterans Day Celebration - Schertz, Cibolo & Selma 9:00 a.m. Cibolo City Hall, 200 S. Main Street, Cibolo Saturday, November 12 Nature Discovery Series 10:00 - 11:00 Crescent Bend Nature Park, 1.2805 Schaefer Road Friday, November 18 Hal Baldwin Scholarship Golf Tournament Registration and Cbeck -in starting at 7:00 a.m. Shotgun start at 9:00 a.m. Olympia Hills Golf Course Monday, November 21 City Council Meeting to Canvass November 8 Election 6:00 p.m. City Council Chambers Thursday, November 24 Thanksgiving City Offices Closed Friday, November 25 Thanksgiving Holiday City Offices Closed Saturday, November 26 Star Party 5:00 - 8:00 Crescent Bend Nature Park, 1.2805 Schaefer Road Thursday, December 1 Deck the City Hall Tree Lighting Ceremony 6:00 p.m. Hal Baldwin Municipal Complex, City Hall Bldg. 1 Saturday, December 3 Holidazzle 8:00 a.m. - 7:00 p.m. Hal Baldwin Municipal Complex Tuesday, December 6 Next regular scheduled City Council Meeting 6:00 p.m. Council Chambers • Announcements and recognitions by the City Manager (M. Browne) City Manager Dr. Mark Browne recognized and thanked Chief Rogers and the Fire Department for the success of the Trunk -or -Treat event. Recognized and thanked Patti Casas fand the Municipal Clerks for the service they provide. Recognized and thanked James Walters and the Finance Department staff for the work they do on behalf of the City. • Announcements and recognitions by the Mayor (R. Gutierrez) Mayor Gutierrez had no additional announcements or recognitions at this time. Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. 3 Mayor Gutierrez asked Mayor Pro -Tem Heyward to call the first speaker. Mayor Pro -Tem Heyward recognized the following speakers: Maggie Titterington, 1.730 Schertz Parkway Chamber Updates and Appreciation Recognition Skylight was a big success in spite of not being able to float but they did have tethered balloon rides, Record 22,000 people in attendance. Moving the event to the last weekend in September next year, September 29 -30. The Chamber Military Affairs Committee has been working with the City of Cibolo on the November 1 lth Veterans Day Ceremony. The keynote speaker will be Brigadier General Russell Driggers, Commander 502nd Air Base JBSA Randolph. Special thanks for the work done on the Kramer House for their Ribbon Cutting to the following individuals: John WIlston Joe Villerreal Bruno Sepeda Jeremiah Yandal Chad Lonsberry Sammy Maieda Toby Salazar Doug Ledbetter Coyle French Trevor Walker Buddy Lewis Michael Hernandez Kevin Anderson Jared Motney Larry May Ian Kind Diego Isaac Cole Moody Nick. Cromer Ray Taikienko Robert Dobratz Office of Lexis Taylor Ribbon Cutting and Grand Re- opening for First United Bank on Monday, November 5th. Ms. Titterington expressed her many thanks to Brian. James and his team for helping get the renovations underway. She recognized the Coldwell Banker and Health Texas items on the Consent Agenda and expressed her thanks and gratitude for the assistance given by Dr. Browne, Brian James, the development team, and GVEC which helped them overcome some of the challenges, enabling them to break ground. She also recognized Adrian Perez and the EDC Board of Directors for their help in getting Coldwell Banker and Health Texas to 0 this point. There were no additional comments from residents. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. Mayor Gutierrez read Consent Agenda Items 1- 4. 1. Minutes — Consideration and /or action regarding the approval of the minutes of the regular meeting of October 11, 2022 and regular meeting of October 25, 2022. (S.Edmondson) 2. Resolution 22 -R -127- A Resolution by the City Council of the City of Schertz authorizing an agreement with UBEO Services, LLC for the upgrade of multi - function printers and copiers and other matters in connection therewith. (M. Brown /J. Kurz /J. Gohlke) 3. Resolution No. 22 -R- 1.10 - A Resolution by the City Council of the City of Schertz, Texas authorizing an Economic Development Performance Agreement between the City of Schertz, City of Schertz Economic Development Corporation and 3009 OAC Investments, LLC. (M. Browne/ A. Perez) 4. Resolution No. 22 -R -111 - A Resolution by the City Council of the City of Schertz, Texas authorizing an Economic Development Performance Agreement between the City of Schertz, City of Schertz Economic Development Corporation and Schertz RE Company, LLC. (M. Browne/ A. Perez) 5. Resolution No. 22 -R -104 - A Resolution by the City Council of the City of Schertz, Texas authorizing an Economic Development Performance Agreement between the City of Schertz, City of Schertz Economic Development Corporation and Schertz Medical Building, LLC. (M. Browne/ A. Perez) Mayor Gutierrez asked if any items needed to be removed for discussion. No requests to move items from Consent were received. Mayor Gutierrez asked for a motion to approve Consent Agenda Items 1 - 4. Moved by Mayor Pro -Tem Allison Heyward, seconded by Councilmember Tim Brown AYE: Mayor Pro -Tem Allison Heyward, Councilmember Mark Davis, Councilmember Jill Whittaker, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown 5 Passed Discussion and Action Items 6. Ordinance 22 -T- 43 - An Ordinance by the City Council of the City of Schertz, Texas authorizing an adjustment to the Fiscal Year 2022 -2023 Budget to fund audio /visual improvements for Municipal Court, repealing all ordinance or parts of ordinance in conflict with this ordinance; and providing an effective date. First Reading (1VI.Browne /J.Walters) Mayor Gutierrez read the following into the record: ORDINANCE NO. 22 -T -43 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2022 -2023 BUDGET TO FUND AUDIO /VISUAL IMPROVEMENTS FOR MUNICIPAL COURT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Gutierrez recognized Finance Director James Walters, who explained the need for the additional audio /visual improvements is to allow municipal court to be held in the Council Chamber. The current courtroom is slated for renovations to create office space for new personnel. The funding to be utilized for the audio /visual improvements required for the municipal court will come from court technology restricted funds that can only be used for core technology upgrades. The current fund balance is $507,000. This adjustment will provide the additional $10,000 required to accommodate court needs. Mayor Gutierrez called for a motion to approve Ordinance No. 22 -T -43. Moved by Councilmember Tim Brown, seconded by Mayor Pro -Tem Allison Heyward AYE: Mayor Pro-Tern Allison Heyward, Councilmember Mark Davis, Councilmember Jill Whittaker, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown Passed 7. Resolution 22 -R -128 - Consideration and /or action approving a Resolution amending the Schertz Main Street Area Preservation Incentive Program. (B. James) Mayor Gutierrez read the following into the record: 11ROVE9105010 ' A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, 6 TEXAS AMENDING THE SCHERTZ MAIN STREET AREA PRESERVATION INCENTIVE PROGRAM CITY OF SCHERTZ, TEXAS, AND RELATED MATTERS IN CONNECTION THEREWITH Mayor recognized Assistant City Manager Brian James stated that the goal of this resolution is to modify the Historic Preservation Grant to stipulate the property has to be in the Main Street area, or it has to have one of the Landmark designations. Landmark designations require it be a historic structure, at least 50 years old, and have significance to the City (architectural or event). These grants are for improvements of the primary elements of the building, such as foundation, roof, etc., not interior renovations. Councilmember Whittaker stated she is the City Council Liaison to the Historical Preservation Committee, and she supports expanding the grant outside the Main Street area with the recommendation of the Historic Preservation Committee. Entire Aviation Heights is historic in nature and there is great potential specifically in this area. Councilmember Brown asked for confirmation that the grants are for exterior renovation and preservation and that the City Historical designation does not fall under the State Historical designation criteria which may require the owner to do additional improvements creating undue financial strain. Mr. James confirmed the use of the grants for exterior renovation and stated that they make if very clear this is an Honorary Acknowledgment of the history as opposed to a historic designation from the State. Councilmember Dahle asked for the maximum value of the grant. Mr. James responded that it is a dollar for dollar match up to $20,000. Mayor Gutierrez asked for confirmation that the grants are for structural and not landscaping. Mr. James confirmed stating that the grants are for owners of structures used for residential exterior improvements to the roof, foundation, and wall repairs, including brick repointing. Mayor Gutierrez asked about the funding source for the grants. Mr. James stated that the grants are paid from the General Fund. Councilmember Davis requested clarification on the use of the grant to renovate front porches to bring them in line with the historic structure. Mr. James suggested adding clarifying language to speak to the "historic look" of the structure to the motion to add it to the program. Councilmember Whittaker requested clarification regarding the landmark designation process. Mr. James stated that in order to get on the list of Landmark properties, a request is made to the Historic Preservation Committee. Committee evaluates the request and makes a recommendation. If the recommendation is approved, Staff will notify the property owner of the nomination. If the owner is accepting of the recognition, then the recommendation goes to Council where a proclamation will be 7 read signifying the Landmark designation. Once they are on the Landmark designation list, they can apply for the grant. The application goes to the Historic Preservation Committee first, and if approved, it then goes to Council. Mayor Gutierrez asked how long they would need to wait to apply for a second grant. Mr. James stated that currently awards are made on a one -time basis. Mayor Gutierrez called for a motion to approve Resolution 22 -R -128. Moved by Mayor Pro -Tem Allison Heyward, seconded by Councilmember Tim Brown Motion made and amended to approve Resolution 22 -R -128 with addition of verbiage that states grants will be limited to exterior structural or aesthetic modifications that are approved and coordinated through the Historical Preservation Committee. AYE: Mayor Pro -Tem Allison Heyward, Councilmember Mark Davis, Councilmember Jill Whittaker, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown Passed 8. Ordinance No. 22 -S -41- Consideration and /or action on a request to rezone approximately 15 acres of land from Pre - Development District (PRE) to Planned Development District (PDD), generally located approximately 2,200 feet southeast of the intersection of Lower Seguin Road and FM 1518, also known as Bexar County Property Identification Number 309997 and 309999, City of Schertz, Bexar County, Texas. Final Reading (B. James / L. Wood / E. Delgado) Mayor Gutierrez stated for the record that Councilmember Dahle had stepped down from the dais. Councilmember Dahle is the property and has signed an affidavit regarding a conflict of interest regarding this ordinance. Mayor Gutierrez read the following into record: ORDINANCE NO. 22-S-41 CONSIDERATION AND /OR ACTION ON A REQUEST TO REZONE APPROXIMATELY 15 ACRES OF LAND FROM PRE - DEVELOPMENT DISTRICT (PRE) TO PLANNED DEVELOPMENT DISTRICT (PDD), GENERALLY LOCATED APPROXIMATELY 2,200 FEET SOUTHEAST OF THE INTERSECTION OF LOWER SEGUIN ROAD AND FM 1518, ALSO KNOWN AS BEXAR COUNTY PROPERTY IDENTIFICATION NUMBER 309997 AND 309999, CITY OF SCXERTZ, BEXAR COUNTY, TEXAS. FINAL READING. Mayor Gutierrez recognized Councilmember Scagliola. Councilmember Scagliola stated he is in favor of Workforce housing and this development satisfies a significant need in our community, so he is in favor of the development. However, he objected to a seeming disregard for the voice of the people. He stated it is the absolute responsibility of the developer to ensure projects in our city are perceived as being beneficial to our community. It is the responsibility of the developer to inform the residents and ensure they're objections are heard and addressed. He did not feel that was accomplished. Mayor Gutierrez called for a motion to approve Ordinance No. 22 -S -41. Moved by Councilmember Tim Brown, seconded by Mayor Pro -Tem Allison Heyward AYE: Mayor Pro -Tem Allison Heyward, Councilmember Mark Davis, Councilmember Jill. Whittaker, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown Passed 9. Resolution 22 -R -129- Consideration and /or action approving an amendment to the contract for upgrades to the Council Chambers with Bluum USA, Inc. (B. James, M. Clauser) Mayor Gutierrez asked Councilmember Dahle to rejoin Councilmembers on the dais. Mayor Gutierrez read the following into the record: RESOLUTION NO. 22 -R -129 CONSIDERATION AND /OR ACTION APPROVING AN AMENDMENT TO THE CONTRACT FOR UPGRADES TO THE COUNCIL CHAMBERS WITH BLUUM USA, INC. Mayor Gutierrez recognized Assistant City Manager Brian James. ACM James explained that the amendment to the contract is required in order to make the necessary audio /visual improvements in the Council Chambers to accommodate the Municipal Court. Mayor recognized Councilmember Davis who asked if the contract included updated outlets with the USB port. Jack Bluebird, IT Department, responded affirmatively. Councilmember Scagliola asked for the start date. Mr. Bluebird responded by stating late December. Mayor asked if there were any other questions or comments. None were expressed. Mayor Gutierrez called for a motion to approve Resolution 22 -R -129. Moved by Councilmember Mark Davis, seconded by Councilmember Jill Whittaker 0 AYE: Mayor Pro -Tem Allison Heyward, Councilmember Mark Davis, Councilmember Jill Whittaker, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown Passed Roll Call Vote Confirmation Mayor Gutierrez recognized Interim City Secretary Sheila Edmondson who provided roll call confirmation for Consent Agenda Items 1 -4 and Agenda Items 5 -8. Closed Session 10. City Council will meet in closed session under Section 551.087 of the Texas Government Code, Deliberation Regarding Economic Development Negotiations; Closed Meeting. The governmental body is not required to conduct an open meeting (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect. • Project E -86 • Project E -88 11. The City Council will convene in closed session pursuant to Section 551.071 of the Texas Government Code to conduct a private consultation with its attorney about pending or contemplated litigation or a settlement offer on one or more of the following matters: Green Valley Special Utility District vs. City of Schertz et al Case No. 17 -CV- 00819 -LY (U.S. District Court, Western District of Texas, Austin Division); City of Schertz v. United States Department of Agriculture, et al., No. 19 -51056 (U.S. Fifth Circuit Court of Appeals); City of Schertz, Texas v. Texas Commission on Environmental Quality, et al. No. 07- 20- 00167 -CV (Seventh Court of Appeals, Amarillo, Texas); Green Valley Special Utility District v. the Public Utility Commission of Texas and DeAnn T. Walker; Arthur C. D'Andrea, Jr.; Shelly Botkin;in their official capacities as Commissioners of the Public Utility Commission of Texas; and John Paul Urban in his official capacity as Executive Director the Public Utility Commission of Texas; and the City of Schertz, Texas. Cause No. D- 1- GN -18- 000535, In the District Court of Travis County, Texas, 419th Judicial District; Application of Green Valley Special Utility District for New TPDES Permit, No. WQ0015917 -001 (Texas Commission on Environmental Quality) 12. The City Council will meet in Closed Session in accordance with Section 551.074 of the Texas Government Code, Personnel Matters, to discuss the direction on an appointment of a new City Manager. IE 13. The City Council will meet in Closed Session under Section 551.074 of the Texas Government Code, Personnel Matters, to discuss the vacancy of the City Secretary position. Reconvene into Regular Session 14. Take any action based on discussion held in Closed Session under Agenda Item 9. Start time: 7:28 p.m. End time: 7:41 p.m. No action taken on Agenda Item 9. 15. Take any action based on discussions held in Closed Session under Agenda Item 10. Start 6:55 p.m. End 7:41 p.m. No action taken on Agenda Item 10. 16. Take any action based on discussions held in Closed Session under Agenda Item 11. Start time: 8:16 p.m. End time: 8:25 p.m. Mayor Gutierrez asked for a motion. Mayor Pro -Tem. Heyward made a motion to appoint Steve Williams as the City Manager with an effective date of 1 December. Seconded by Councilmember Scagliola. Moved by Mayor Pro -Tem Allison Heyward, seconded by Councilmember David Scagliola AYE: Mayor Pro-Tern Allison Heyward, Councilmember Mark Davis, Councilmember Jill Whittaker, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown Passed 17. Take any action based on discussions held in Closed Session under Agenda Item 12. Start time: 8:28 p.m. End time: 8:35 p.m. No action taken on Agenda Item 12. M Roll Call Vote Confirmation Mayor Gutierrez recognized Interim City Secretary Sheila Edmondson who provided roll call confirmation for Closed Session Agenda Item 10. Information available in City Council Packets - NO DISCUSSION TO OCCUR Requests and Announcements • Announcements by the City Manager. Dr. Browne welcomed the new City Manager, Steve Williams. • Requests by Mayor and Councilmembers for updates or information from staff. No requests by Mayor or Councilmembers for updates or information from staff. • Requests by Mayor and Councilmembers that items or presentations be placed on a future City Council agenda. No requests by Mayor or Councilmembers that items or presentations be placed on a future City Council agenda. • Announcements by Mayor and Councilmembers • City and Community Events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing Education Events attended and to be attended • Recognition of actions by City Employees • Recognition of actions by Community Volunteers Mayor Pro -Tem Heyward welcomed Steve Williams as the new City Manager. Attended the EDC meeting as City Council Liaison. Attended the 'Live to Lead Leadship Conference' with Jay Johnson. Ribbon cutting for Nolan Agency, a health care insurance company. Ag event at elementary school. Councilmember Davis welcomed Steve Williams to Schertz. Councilmember Whittaker welcomed Steve Williams. Attended Coffee with the Chamber. Attended the Historic Preservation Committee Meeting. Attended First United Bank Community Prayer Event. Councilmember Dahle welcomed Mr. Williams. Attended the first meeting of the Schertz Young Leaders Program. Attended CVLGC Meeting. Councilmember Scagliola IF Attended Chamber RIbbon cutting ceremony for Kramer House. Attended the Domestic Violence Observance in Cibolo. Voted Councilmember Brown welcomed Mr. Williams. Adjournment Ralph Gutierrez, Mayor ATTEST: Sheila Edmondson, Interim City Secretary 13 CITY COUNCIL MEMORANDUM City Council December 13, 2022 Meeting: Department: Executive Team Agenda No. 2. Subject: Resolution No. 22 -R -130 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas approving a request for a Schertz Main Street Local Flavor Economic Development Grant for 817 Main Street. (S.Williams /B. James) BACKGROUND The tenant, Greyhouse Blooms, and the owner of the property, Jason Contreras, are applying for a Main Street Local Flavor Grant for 817 Main (formerly the Contreras Flower Shop). Staff is recommending the grant up to $5,000 (work totaling $10,000) for interior and exterior painting and refinishing the existing hardwood floors. Painting the exterior of the building clearly falls within the facade improvement category. Although not as clearly falling into a category, the interior painting and the refinishing of the hardwood floors is clearly necessary given how long it has been since this work had been done. The Contreras Flower Shop occupied this location for decades. The benefit of Grayhouse Blooms - a florist moving into this location is that the structure is well suited to this use. It already has a large walk in cooler for example. But that does mean work like painting that occurs as part of interior demolition and floor refinishing is occurring without that significant level of renovation. As such staff is comfortable with these costs being considered Systems Grant elements. A grant for up to $4,750 generally for electrical, plumbing and mechanical related work was approved on August 23, 2002. A second grant for up to $2,500 was approved on September 6, 2022 for mechanical, electrical, and asbestos testing. Both of these grants were just to the property owner. GOAL Promote and enhance commercial activity along Main Street to promote the economic, cultural and general welfare of the public. The area around Main Street in Schertz once served as the commercial and social hub of the community. The City seeks to improve the image of the area around Main Street through matching grants that promote local economic development and stimulate business and commercial activities. COMMUNITY BENEFIT Encourage the attraction of small businesses that will create local charm and help develop a sense of place around Main Street. Promote commercial development. Stabilize and improve property values. Foster civic pride. Strengthen the economy of the City by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support of local businesses. SUMMARY OF RECOMMENDED ACTION Staff recommends approval of Resolution 22 -R -130, approving a Schertz Main Street Local Flavor Economic Development Grant for up to $5,000 for 817 Main Street. FISCAL IMPACT The maximum fiscal impact of approval of this grant is $5,000. The City budgets $50,000 annually for the Main Street Grant programs. So far this fiscal year the City has paid $871.53. The City has currently approved up to $60,000 for the proposed new building at 824 Main (corner of Schertz Parkway and Main Street) and the second Local Flavor Grant for 817 Main has $1,648.27 that could be paid. The grant for 507 Main (Masonic Lodge) is also on this agenda for approval. Assuming that grant is approved along with this grant request, the outstanding liabilities for the Main Street Grant programs total $74,128.47. While this is above the $49,128.47 of funding left, the City has traditionally either tapped into Contingency Funds or submitted a budget adjustment to Council for approval. One aspect of this program is that the property owner has a year to complete the work (or seek re- approval), so grants can extend past a fiscal year. RECOMMENDATION Approval of Resolution 22 -R -130. Attachments Res 22 -R -130 817 Main 3rd Grant Grant 817 Main St RESOLUTION NO. 22-R-130 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A REQUEST FOR A SCHERTZ MAIN STREET LOCAL FLAVOR ECONOMIC DEVELOMENT GRANT FOR 817 MAIN STREET IN THE CITY OF SCHERTZ, TEXAS, AND RELATED MATTERS IN CONNECTION THEREWITH WHEREAS, The City of Schertz desires to protect, enhance, and preserve the historic resources and landmarks which represent distinctive elements of Schertz' historic, architectural, economic, cultural, and social heritage by providing property owners and incentive for protecting their property; and WHEREAS, the City of Schertz desires to encourage the attraction of small businesses that will create local charm and help develop a sense of place in and around Main Street; WHEREAS, the City of Schertz desires to stabilize and improve property values; and WHEREAS, Foster civic pride in the beauty and accomplishments of the past, and to promote the use of the historic structures for the culture, education, and general welfare of residents; and WHEREAS, Strengthen the economy of the city by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support and stimulus to businesses. WHEREAS, the City Council approved the Schertz Main Street Local Flavor Economic Development Grant; WHEREAS, staff is in support of this program and recommended approval of the grant request for 817 Main Street for up to $5,000.00; NOW THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves the Schertz Main Street Local. Flavor Economic Development Grant request for 817 Main Street subject to the approved criteria of the program and execution of a funding agreement generally as outlined in Exhibit "A ". Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 13th day of December, 2022. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Sheila Edmondson, Interim City Secretary (CITY SEAL) Exhibit A STATE OF TEXAS § COUNTY OF BEXAR § SCHERTZ MAIN STREET LOCAL FLAVOR ECONOMIC DEVELOPMENT PROGRAM FUNDING AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND Jason Contreras and Greyhouse Blooms FOR EXPENDITURE OF LOCAL FLAVOR GRANT FUNDS This Local Flavor Development Program Funding Agreement (AGREEMENT) is made and entered into by and between the City of Schertz, Texas (CITY) and Jason Contreras (owner) and Greyhouse Blooms, (ENTITY). WHEREAS, the ENTITY has developed a proposal to Make improvements and repairs, painting and refinishing floors to 817 Main (the "Project "); and WHEREAS, Section 380.001 of the Texas Local Government Code, as amended, allows the governing body of a municipality to establish and provide for the administration of one or more programs to promote state and local economic development and to stimulate business and commercial activity in the municipality; and WHEREAS, the Schertz Main Street Local Flavor Economic Development Program is intended to encourage and expansion and attract small businesses that create local charm and help develop a sense of place in and around Main Street, promote commercial development, stabilize and improve property values, foster civic pride, and protect and enhance the attractiveness of the Main Street area to residents and visitors; and WHEREAS, funding for the Schertz Main Street Local. Flavor Economic Development Program will be provided annually through the City's General Fund; and WHEREAS, the Schertz Main Street Local Flavor Economic Development Program will enhance other city efforts to improve, beautify, and promote economic development in the Main Street area. WHEREAS, the area around Main. Street in Schertz once served as commercial and social hub of the community; and WHEREAS, the City seeks to improve the image of the area around Main Street through restoration and rehabilitation of structures in the Main Street area to serve as a commercial, social, cultural and tourism hub of the City; and WHEREAS, the City Council of the City of Schertz desires to provide funds to Jason Contreras (ENTITY). NOW, THEREFORE, it is mutually agreed by and between the CITY, OWNER and ENTITY as follows: PAGE 1 OF 5 GENERAL PROVISIONS Section 1. Purpose. The purpose of this Agreement is to provide funding to for the project identified in the attached Exhibit "A" (the "Project "), the intent of which is to promote state and local economic development and to stimulate business and commercial activity in the municipality to encourage and expansion and attract small businesses that create local charm and help develop a sense of place in and around Main Street, promote commercial development, stabilize and improve property values, foster civic pride, and protect and enhance the attractiveness of the Main Street area to residents and visitors. Section 2. Obligation of the ENTITY. The ENTITY shall use all of the awarded funds provided by the CITY in accordance with Chapter 351 of the Texas Tax Code, the ENTITY'S funding application, and the attached Exhibit "A ". Section 3. Reporting Requirements of the ENTITY. The ENTITY shall deliver a detailed accounting of the expenditures for the Project within thirty (30) days after completion of the Project (the "Post Event Report "). The Post Event Report shall include copies of receipts and other documents establishing the expenditures for the project. The CITY shall not make reimbursements for expenditures where no receipt or invoice is provided. Partial or incomplete reports will not be accepted. Section 4. Authorization of Payment. Subject to the ENTITY'S satisfactory performance and compliance with the terms of this AGREEMENT, the CITY agrees to pay the ENTITY up to fifty percent (50 %) of the Project. The Project is estimated to be approximately $10,000.00 and fifty percent of which, is capped at 5,000.00 for work falling within the criteria for a systems grant and fagade improvement grant. Payment(s) will be made within forty -five (45) days of acceptance of the complete Post Event Report. Partial or incomplete reports will not be accepted. Only expenditures that meet Chapter 351 of the Tax Code and this AGREEMENT shall be reimbursed. Section 5. Appeal Process. Any ENTITY wishing to appeal the decision of the CITY must present their appeal in writing within ten (10) business days of funding denial. Section 6. Rights. The City of Schertz has the right, at any time, to inspect the books or records of the ENTITY that may relate to performance of this AGREEMENT. The CITY, at its sole expenses, has the right to conduct an audit of the ENTITY or Project. Section 7. Term. The AGREEMENT shall become effective as of the date entered below. The AGREEMENT shall terminate one year from its effective date or once the terns have been met, whichever occurs first. Section 8. Indemnification. The OWNER and ENTITY agrees to defend, indemnify and hold harmless the CITY, its officers, agents and employees, against any and all claims, lawsuits, judgments, cause of action, costs and expenses for personal injury (including death), property damage or other harm PAGE 2 OF 5 for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the OWNER or ENTITY's breach of any of the terms or provisions of this AGREEMENT, or by any negligent act or omission of the OWNER or ENTITY, its officers, agents, servants, employees, contractors, or subcontractors, in the performance of this AGREEMENT; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of the CITY, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both the OWNER or ENTITY and the CITY under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Both parties expressly agree that this AGREEMENT does not assign any responsibility for civil liability to the City of Schertz that may arise by virtue of this AGREEMENT. Section 9. Termination. A party may terminate this AGREEMENT in whole or in part if the other party fails to comply with a term of the AGREEMENT, including the inability of the ENTITY to conforin to any change required by federal, state or local laws or regulations; or for the convenience of either party. The terminating party shall provide written notification to the other party of the decision to terminate this AGREEMENT within thirty (30) days before the effective date of termination. A party may terminate the AGREEMENT for breach of any provision of this AGREEMENT, upon written notice of the breach and the breaching party shall have ten (10) days after receipt of the written notice in which to cure the breach to the satisfaction of the non - breaching parry. Section 10. Notice. All notices required or permitted under this AGREEMENT shall be in writing and shall be delivered in person or mailed as follows: to the CITY at: City of Schertz Attention: City Manager 1400 Schertz Parkway Schertz, TX 78154 (21.0) 619 -1.000 To: Jason Contreras, OWNER Attention: Jason Contreras 817 Main Schertz, Texas 78154 To: Greyhouse Blooms, ENTITY Attention Tammy Weissmann 817 Main Street Schertz, Texas 78154 PAGE 3 OF 5 MISCELLANEOUS Section 11. Entire Agreement. This AGREEMENT constitutes the entire agreement of the parties regarding the subject matter contained herein. The parties may not modify or amend this AGREEMENT, except by written agreement approved by the governing bodies of each party and duly executed by both parties. Section 12. Approval. This AGREEMENT has been duly and properly approved by each party's governing body and constitutes a binding obligation on each party. Section 13. Assignment. Except as otherwise provided in this AGREEMENT, a party may not assign this AGREEMENT or subcontract the performance of services without first obtaining the written consent of the other party. Section 14. Non - Waiver. A party's failure or delay to exercise right or remedy does not constitute a waiver of the right or remedy. An exercise of a right or remedy under this AGREEMENT does not preclude the exercise of another right or remedy. Rights and remedies under this AGREEMENT are cumulative and are not exclusive of other rights or remedies provided by law. Section 15. Paragraph Headings. The various paragraph headings are inserted for convenience of reference only, and shall not affect the meaning or interpretation of this AGREEMENT or any section thereof. Section 16. Attorney fees. In any lawsuit concerning this AGREEMENT, the prevailing party shall be entitled to recover reasonable attorney's fees from the nonprevailing party, plus all out -of- pocket expense such as deposition costs, telephone, calls, travel expenses, expert witness fees, court costs, and their reasonable expenses, unless otherwise prohibited by law. Section 17. Severability. The parties agree that in the event any provision of this AGREEMENT is declared invalid by a court of competent jurisdiction that part of the AGREEMENT is severable and the decree shall not affect the remainder of the AGREEMENT. The remainder of the AGREEMENT shall be in full force and effect. Section 18. Venue. The parties agree that all disputes that arise of this AGREEMENT are governed by the laws of the State of Texas and venue for all purposes herewith shall be in Milam County, Texas. Section 19. Certificate of Insurance. The ENTITY agrees to provide a certificate of insurance for liability and worker's compensation insurance or letter of self - insurance on its letterhead indicating its self - insured status before any event awarded funding under this AGREEMENT. The cost of the insurance herein mentioned to be secured and maintained by the ENTITY shall be borne solely by the IN,11111 � PAGE 4 OF 5 IN WITNESS HEREOF, the CITY and ENTITY make and execute this AGREEMENT to be effective this day of 12022. CITY OF SCHERTZ, TEXAS City Manager Jason Contreras, OWNER Taminy Weissmann, ENTITY Jeri Twenter, ENTITY I:r1�11�f.�IIA City Secretary PAGE 5OF5 Painting the exterior of the building Painting the interior of the building Refinish hardwood floors PAGE 6 OF 5 CITY COUNCIL MEMORANDUM City Council December 13, 2022 Meeting: Department: Executive Team Agenda No. 3. Subject: Resolution No. 22 -R -136 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas approving a request for a Schertz Main Street Local Flavor Economic Development Grant for 507 Main Street. (S.Williams /B. James) BACKGROUND The Owner of the building at 507 Main, the Randolph Masonic Lodge # 1286is applying for a Schertz Main Street Local Flavor Grant to redo the roof of their building. This is the white building on the northeast corner of Schertz Parkway and Lindbergh Avenue. The estimated cost of the work is approximately $15,000, so the grant amount would be $7,500. They are proposing to replace the current roof with a similar corrugated roof system. GOAL Promote and enhance commercial activity along Main Street to promote the economic, cultural and general welfare of the public. The area around Main Street in Schertz once served as the commercial and social hub of the community. The City seeks to improve the image of the area around Main Street through matching grants that promote local economic development and stimulate business and commercial activities. COMMUNITY BENEFIT Encourage the attraction of small businesses that will create local charm and help develop a sense of place around Main Street. Promote commercial development. Stabilize and improve property values. Foster civic pride. Strengthen the economy of the City by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support of local businesses. SUMMARY OF RECOMMENDED ACTION Staff recommends approval of Resolution 22 -R -136, approving a Schertz Main Street Local Flavor Economic Development Grant for up to $7,500 for 507 Main Street. FISCAL IMPACT The maximum fiscal impact of approval of this grant is $7,500. The City budgets $50,000 annually for the Main Street Grant programs. So far this fiscal year the City has paid $871.53. The City has currently approved up to $60,000 for the proposed new building at 824 Main (corner of Schertz Parkway and Main Street) and the second Local Flavor Grant for 81.7 Main has $1,648.27 that could be paid. The third grant for 8177 Main (Flower Shop is also on this agenda for approval. Assuming that grant is approved along with this grant request, the outstanding liabilities for the Main Street Grant programs total $74,1.28.47. While this is above the $49,128.47 of funding left, the City has traditionally either tapped into Contingency Funds or submitted a budget adjustment to Council for approval. One aspect of this program is that the property owner has a year to complete the work (or seek re- approval), so grants can extend past a fiscal year. RECOMMENDATION Approval of Resolution 22 -R -136 Attachments Res 22 R 136 Masonic Lodge 507 Main Local Flavor Agreement RESOLUTION NO. 22-R-130 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A REQUEST FOR A SCHERTZ MAIN STREET LOCAL FLAVOR ECONOMIC DEVELOMENT GRANT FOR 507 MAIN STREET IN THE CITY OF SCHERTZ, TEXAS, AND RELATED MATTERS IN CONNECTION THEREWITH WHEREAS, The City of Schertz desires to protect, enhance, and preserve the historic resources and landmarks which represent distinctive elements of Schertz' historic, architectural, economic, cultural, and social heritage by providing property owners and incentive for protecting their property; and WHEREAS, the City of Schertz desires to encourage the attraction of small businesses that will create local charm and help develop a sense of place in and around Main Street; WHEREAS, the City of Schertz desires to stabilize and improve property values; and WHEREAS, Foster civic pride in the beauty and accomplishments of the past, and to promote the use of the historic structures for the culture, education, and general welfare of residents; and WHEREAS, Strengthen the economy of the city by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support and stimulus to businesses. WHEREAS, the City Council approved the Schertz Main Street Local Flavor Economic Development Grant; WHEREAS, staff is in support of this program and recommended approval of the grant request for 817 Main Street for up to $7,000.00; NOW THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves the Schertz Main Street Local. Flavor Economic Development Grant request for 507 Main Street subject to the approved criteria of the program and execution of a funding agreement generally as outlined in Exhibit "A ". Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 13th day of December, 2022. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Sheila Edmondson, Interim City Secretary (CITY SEAL) Exhibit A STATE OF TEXAS § COUNTY OF BEXAR § SCHERTZ MAIN STREET LOCAL FLAVOR ECONOMIC DEVELOPMENT PROGRAM FUNDING AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND the Randolph Lodge #1268 FOR EXPENDITURE OF LOCAL FLAVOR GRANT FUNDS This Local Flavor Development Program Funding Agreement (AGREEMENT) is made and entered into by and between the City of Schertz, Texas (CITY) and the Randolph Lodge #1268 , (ENTITY). WHEREAS, the ENTITY has developed a proposal to Make improvements to the roof of 507 Main (the "Project "); and WHEREAS, Section 380.001 of the Texas Local Government Code, as amended, allows the governing body of a municipality to establish and provide for the administration of one or more programs to promote state and local economic development and to stimulate business and commercial activity in the municipality; and WHEREAS, the Schertz Main Street Local Flavor Economic Development Program is intended to encourage and expansion and attract small businesses that create local charm and help develop a sense of place in and around Main Street, promote commercial development, stabilize and improve property values, foster civic pride, and protect and enhance the attractiveness of the Main Street area to residents and visitors; and WHEREAS, funding for the Schertz Main Street Local Flavor Economic Development Program will be provided annually through the City's General Fund; and WHEREAS, the Schertz Main Street Local Flavor Economic Development Program will enhance other city efforts to improve, beautify, and promote economic development in the Main. Street area. WHEREAS, the area around Main Street in Schertz once served as commercial and social hub of the community; and WHEREAS, the City seeks to improve the image of the area around Main Street through restoration and rehabilitation of structures in the Main Street area to serve as a commercial, social, cultural and tourism hub of the City; and WHEREAS, the City Council of the City of Schertz desires to provide funds to AND the Randolph Lodge #1268 (ENTITY). NOW, THEREFORE, it is mutually agreed by and between the CITY and ENTITY as follows: PAGE 1 of 5 Section 1. Purpose. The purpose of this Agreement is to provide funding to the ENTITY for the project identified in the attached Exhibit "A" (the "Project "), the intent of which is to promote state and local economic development and to stimulate business and commercial activity in the municipality to encourage and expansion and attract small businesses that create local charm and help develop a sense of place in and around Main Street, promote commercial development, stabilize and improve property values, foster civic pride, and protect and enhance the attractiveness of the Main Street area to residents and visitors. Section 2. Obligation of the ENTITY. The ENTITY shall use all of the awarded funds provided by the CITY in accordance with Chapter 351 of the Texas Tax Code, the ENTITY' funding application, and the attached Exhibit "A ". Section 3. Reporting Requirements of the ENTITY. The ENTITY shall deliver a detailed accounting of the expenditures for the Project within thirty (30) days after completion of the Project (the "Post Event Report"). The Post Event Report shall include copies of receipts and other documents establishing the expenditures for the project. The CITY shall not make reimbursements for expenditures where no receipt or invoice is provided. Partial or incomplete reports will not be accepted. Section 4. Authorization of Payment. Subject to the ENTITY' satisfactory performance and compliance with the terms of this AGREEMENT, the CITY agrees to pay the ENTITY up to fifty percent (50 %) of the Project. The Project is estimated to be approximately $15,000.00 and fifty percent of which, is capped at 7,500.00 for work falling within the criteria for a facade improvement grant. Payment(s) will be made within forty -five (45) days of acceptance of the complete Post Event Report. Partial or incomplete reports will not be accepted. Only expenditures that meet Chapter 351 of the Tax Code and this AGREEMENT shall be reimbursed. Section 5. Appeal Process. Any ENTITY wishing to appeal the decision of the CITY must present their appeal in writing within ten (10) business days of funding denial. Section 6. Rights. The City of Schertz has the right, at any time, to inspect the books or records of the ENTITY that may relate to performance of this AGREEMENT. The CITY, at its sole expenses, has the right to conduct an audit of the ENTITY or Project. Section 7. Term. The AGREEMENT shall become effective as of the date entered below. The AGREEMENT shall terminate one year from its effective date or once the terms have been met, whichever occurs first. Section 8. Indemnification. The ENTITY agrees to defend, indemnify and hold harmless the CITY, its officers, agents and employees, against any and all claims, lawsuits, judgments, cause of action, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the ENTITY's breach of any of the terms or provisions of this AGREEMENT, or by any negligent act or omission of the ENTITY, its officers, agents, servants, employees, contractors, or subcontractors, in the PAGE 2 OF 5 performance of this AGREEMENT; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of the CITY, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both the ENTITY and the CITY under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Both parties expressly agree that this AGREEMENT does not assign any responsibility for civil liability to the City of Schertz that may arise by virtue of this AGREEMENT. Section 9. Termination. A party may terminate this AGREEMENT in whole or in part if the other party fails to comply with a term of the AGREEMENT, including the inability of the ENTITY to conform to any change required by federal, state or local laws or regulations; or for the convenience of either party. The terminating party shall provide written notification to the other party of the decision to terminate this AGREEMENT within thirty (30) days before the effective date of termination. A party may terminate the AGREEMENT for breach of any provision of this AGREEMENT, upon written notice of the breach and the breaching party shall have ten (10) days after receipt of the written notice in which to cure the breach to the satisfaction of the non - breaching party. Section 10. Notice. All notices required or permitted under this AGREEMENT shall be in writing and shall be delivered in person or mailed as follows: to the CITY at: City of Schertz Attention: City Manager 1400 Schertz Parkway Schertz, TX 78154 (210) 619 -1000 To: Randolph Lodge #1268 Attention: Lionel Cortinas 507 Main Schertz, Texas 781.54 MISCELLANEOUS Section 11. Entire Agreement. This AGREEMENT constitutes the entire agreement of the parties regarding the subject matter contained herein. The parties may not modify or amend this AGREEMENT, except by written agreement approved by the governing bodies of each party and duly executed by both parties. Section 12. Approval. This AGREEMENT has been duly and properly approved by each party's governing body and constitutes a binding obligation on each party. PAGE 3 of 5 Section 13. Assignment. Except as otherwise provided in this AGREEMENT, a party may not assign this AGREEMENT or subcontract the performance of services without first obtaining the written consent of the other party. Section 14. Non - Waiver. A party's failure or delay to exercise right or remedy does not constitute a waiver of the right or remedy. An exercise of a right or remedy under this AGREEMENT does not preclude the exercise of another right or remedy. Rights and remedies under this AGREEMENT are cumulative and are not exclusive of other rights or remedies provided by law. Section 15. Paragraph Headings. The various paragraph headings are inserted for convenience of reference only, and shall not affect the meaning or interpretation of this AGREEMENT or any section thereof. Section 16. Attorney fees. In any lawsuit concerning this AGREEMENT, the prevailing parry shall be entitled to recover reasonable attorney's fees from the nonprevailing party, plus all out -of- pocket expense such as deposition costs, telephone, calls, travel expenses, expert witness fees, court costs, and their reasonable expenses, unless otherwise prohibited by law. Section 17. Severability. The parties agree that in the event any provision of this AGREEMENT is declared invalid by a court of competent jurisdiction that part of the AGREEMENT is severable and the decree shall not affect the remainder of the AGREEMENT. The remainder of the AGREEMENT shall be in full force and effect. Section 18. Venue. The parties agree that all disputes that arise of this AGREEMENT are governed by the laws of the State of Texas and venue for all purposes herewith shall be in Milam County, Texas. Section 19. Certificate of Insurance. The ENTITY agrees to provide a certificate of insurance for liability and worker's compensation insurance or letter of self- insurance on its letterhead indicating its self- insured status before any event awarded handing under this AGREEMENT. The cost of the insurance herein mentioned to be secured and maintained by the ENTITY shall be borne solely by the ENTITY. IN WITNESS HEREOF, the CITY and ENTITY make and execute this AGREEMENT to be effective this day of 12022. CITY OF SCHERTZ, TEXAS ENTITIES City Manager PAGE 4 OF 5 F.,Vvmvv City Secretary PAGE 5 OF 5 EXHIBIT A PAGE 6 OF 5 Agenda No. 4. CITY COUNCIL MEMORANDUM City Council December 13, 2022 Meeting: Department: City Secretary Subject: Ordinance No. 22 -T -49 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas, authorizing an adjustment to the fiscal year 2022 -2023 budget, repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. (Final Reading) (B. James /J. Walters) BACKGROUND This budget amendment ordinance is meant to move unused budgeted amounts from FY 2021 -22 to FY 2022 -23. This adjustment is for departments that had unused budgeted amounts due to delays in manufacturing, back ordered/out of stock items, or project schedules that run through multiple fiscal years. The identified items and amounts to be rolled forward amount to $1,801,317. A list of items are outlined below: 1. Police - $81,139 in vehicle purchases to replace the K -9 vehicle 2. Parks - $27,800 budgeted for Wendy Swan Restroom Repairs 3. Parks - $9,015 to purchase tables for Ashley Park 4. Parks - $133,118 to continue rennovations at Thulemeyer Park 5. Parks - $3,993 to continue upgrading the garden at the Senior Center 6. Parks - $88,173 to continue the Cibolo Valley Drive median landscaping 7. IT - $4,483 to continue the city's wifi and camera upgrades 8. Fire - $15,533 community outreach for promotional material purchases 9. Fire - $283,561 for vehicle purchase and outfitting 10. Fire - $10,000 promotional testing cost increases 11. Fire - $27,732 for delayed uniform purchases 12. PEG - $479,796 to continue the master communication plan execution 13. PEG - $374,974 to continue the Council Chambers AV upgrade project 14. EMS - $262,000 for an ambulance remount and equipment that was delayed Staff also recommends setting a budget for graffiti abatement in the City. Sec. 50 -307 of the City Code of Ordinances must offer property owners graffiti removal services free of charge. Once City Staff has probably cause to believe graffiti has been placed upon any property, staff will notify the property owner in writing of the graffiti and offer to remove it free of charge. If no response is received in 10 calendar days the offer shall be deemed refused. A budget for this service was not included in the FY 2022 -23 Adopted Budget and staff recommends setting it at $10,000 based on the current known requests for service and properties that have been notified. GOAL To move forward unused budget amounts on approved programs from FY 2021 -22 to prevent expenses from the previous fiscal year from inhibiting the operating budgets for FY 2022 -23. COMMUNITY BENEFIT This will prevent current year projects from being delayed due to overlapping expenditures from the previous fiscal year. SUMMARY OF RECOMMENDED ACTION Staff recommends approval of Ordinance 22 -T -49. FISCAL IMPACT This adjustment will use budgeted amounts from FY 2021 -22. Those unused funds increased fund balance at the end of the fiscal year. This adjustment will use $1,801,317 of fund balance that will be reported on the annual financial report. General Fund and EMS operating funds will still meet the 26% fund balance requirement after the adjustment. The $10,000 for graffiti removal services will also come from reserves and will be considered as base budget for the following year. RECOMMENDATION Staff recommends approval of Ordinance 22 -T -49. Attachments Ordinance 22 -T -49 ORDINANCE NO. 22-T-49 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2022 -2023 BUDGET TO REAUTHORIZE UNUSED FUNDS FROM FISCAL YEAR 2021 -2022 AND SETTING A BUDGET FOR GRAFFITI ABATEMENT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 22 -T -30, the City of Schertz (the "Lill") adopted the budget for the City for the fiscal year 2022 -2023 (the "Bud et ), which provides funding for the City's operations throughout the 2022 -2023 fiscal year; and WHEREAS, the City needs to authorized budget amounts of $1,801,317.00 to re- authorize unused funds from fiscal year 2021 -22; and WHEREAS, the City needs to authorize a budget of $10,000.00 to be used for graffiti abatement; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve the ordinance; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to adjust the and re- authorize the funds as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall increase the Fire Department Budget by $336,826.00 to purchase and outfit vehicles, for uniforms, community outreach, and for promotional testing. Section 2. The City shall increase the Police Department Budget by $81,139.00 for a K -9 vehicle replacement. Section 3. The City shall increase the Parks Department Budget by $173,926.00 to complete Wendy Swam restroom repairs, Ashley Park and Thulemyer Park renovations, and the update for the Senior Center Garden. Section 4. The City shall increase the Roadway Impact Fees Budget by $88,1.73.00 to continue the Cibolo Valley Drive median project. Section 5. The City shall increase the Information Technology Budget by $4,483.00 to complete wifi and camera upgrades. Section 6. The City shall increase the Public, Education, and Governmental. Programing (PEG) Fund Budget by $854,770.00. The first $479,796.00 is to continue the Master Communication Plan and the remaining $374,974.00 is to complete the City Council Chambers audio /visual upgrade. Section 7. The City shall increase the Emergency Medical Services (EMS) Department Budget by $262,000.00 to complete the purchase and outfit of an approved ambulance replacement. Section 8. The City shall set a budget of $10,000.00 for graffiti abatement services. Section 9. These expenditures will be funded from the fund balance of their respective funds. Section 10. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 11. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 12. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 13. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 14. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 15. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 6th day of December, 2022. PASSED AND ADOPTED ON SECOND AND FINAL READING, the 13th day of December, 2022. CITY OF SCHERTZ, TEXAS 50558021.1 - 2 - Mayor ATTEST: Interim City Secretary (CITY SEAL) 50558021.1 - 3 - Agenda No. 5. CITY COUNCIL MEMORANDUM City Council December 13, 2022 Meeting: Department: City Secretary Subject: Ordinance No. 22 -S -45 Consideration and/ or action on a request to rezone approximately 0.14 acres of land from Single -Family Residential District (R -2) to Main Street Mixed Use District (MSMU), generally located southeast of the intersection of Randolph Ave and Exchange Ave, also known as 204 Randolph Ave, also known as Guadalupe County Property Identification Number 67555, Guadalupe County, Texas. (B. James, L. Wood, E. Delgado)(Final Reading) BACKGROUND The applicant is proposing to rezone approximately 014 acres of land from Single- Family Residential District (R -2) to Main Street Mixed Use District (MSMU), the property is Located at 204 Randolph. Ave. The rezone is desired by the property owner in order to utilize the property for commercial purposes and for additional parking spaces which will benefit 603 Main Street, 204 Randolph, and 539 Main Street. A Public Hearing notice was published in the San Antonio Express news on November 16, 2022. Twenty -three (23) public hearing notices were mailed to surrounding property owners within two hundred (200)feet of the subject property on November 3, 2022. At the time of this staff report one (1) response in favor of the zoning request has been received. No responses neutral or opposed to the request have been received. The following residents spoke at the November 16, 2022 Planning and Zoning Commission Public Hearing: • Thomas Perkins- 305 Randolph Ave • Expressed concerns with parking and noise currently in the vicinity (specifically on Randolph Ave) due to existing commercial development and the impact it makes on the nearby residential. • Linda Perkins- 305 Randolph Ave . Expressed concerns with noise due to existing commercial development and the impact on the tenants that reside in her rental property. GOAL The proposed rezone is for approximately 0. 14 acres of land from Single Family Residential District (R -2) to Main Street Mixed Use District (MSMU) located southeast of the intersection of Randolph Ave and Exchange Ave, also known as 204 Randolph Ave. COMMUNITY BENEFIT It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. UV I UV V., I 11,V&sj a : 1UU I I NOTWIXTOT F IL The Sector Plan amendment to the Comprehensive Land Use Plan (CLUP) designates the subject property as part of Historic Downtown Schertz. The objectives for Historic Downtown. Schertz are to leverage Schertz's history and heritage to create a unique destination with local independent businesses, encouraging the use of existing buildings. The Main Street Mixed -Use District (MSMU) was created to help achieve these objectives. The Main Street Mixed -Use District (MSMU) is intended to provide a base zoning district to the area along Main Street and within the Main Street Incentive Program area. In light of the history of the area and variety of land uses that exist, this zoning district allows for both single- family residential uses and low intensity commercial uses. Reduced setbacks and parking requirements are provided as part of this district due to physical constraints. • Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change will provide for either single family or low intensity commercial occupancy. • Impact of Infrastructure: The proposed rezoning request should have a minimal impact on the existing water and wastewater systems. • Impact of Public Facilities /Services: The proposed rezoning request will have minimal impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Exiting and Potential Adjacent Land Uses: The subject property is currently surrounded by a single - family dwelling, a counselors' office (currently zoned MSMU), and right -of -way, with commercial businesses in the vicinity along Main Street and across Randolph Ave (The Hidden Grove, zoned MSMU). The Main Street Mixed Use District (MSMU) will allow for either low intensity commercial or single- family residential, both of which are compatible with the adjacent land uses. The rezoning request appears to have a minimal impact on the public infrastructure, facilities or services and is consistent with the Comprehensive Land Use Plan and compatible with the surrounding land uses.The applicant is proposing to rezone the property from the current Single Family Residential District (R -2) to Main Street Mixed Use District (MSMU), to allow for single family residential or low intensity commercial land uses that are permitted in the Main Street Mixed Use District (MSMU). Based on the Comprehensive Land Use Plan and surrounding land uses the Main Street Mixed Use District (MSMU) is a compatible / appropriate zoning district for this tract of land. Staff recommends approval of the rezoning application as submitted. FISCAL IMPACT None. RECOMMENDATION The Planning and Zoning Commission conducted a public hearing on November 16, 2022 and offered a recommendation of approval by a 6 -0 vote. Based on the Comprehensive Land Use Plan and surrounding land uses the Main Street Mixed Use District (MSMU) is a compatible and appropriate zoning district for this property. Staff recommends approval of the rezoning application as submitted. Attachments Ord. No. 22 -S -45 Exhibit A- Zoning Exhibit and Field Notes Aerial. Map Public Hearing Notice Map Public Hearing Notice Responses ORDINANCE NO. 22-S-45 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 0.14 ACRES OF LAND TO MAIN STREET MIXED -USE DISTRICT (MSMU), GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF RANDOLPH AVE AND EXCHANGE AVE, ALSO KNOWN AT 204 RANDOLPH AVE, ALSO KNOWN AS GUADALUPE COUNTY PROPERTY IDENTIFICATION NUMBER 67555, GUADALUPE COUNY, TEXAS WHEREAS, an application to rezone approximately 0.14 acres of land located southeast of the intersection of Randolph Ave and Exchange Ave, also known as 204 Randolph. Ave, also known as Guadalupe County Property Identification Number 67555, and more specifically described in the Exhibit A attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Criteria "); and WHEREAS, on November 16, 2022, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to approve the requested rezoning; and WHEREAS, on December 6, 2022, the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A, is hereby zoned Main Street Mixed -Use District (MSMU). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 6t' day of December, 2022. PASSED, APPROVED AND ADOPTED on final reading the 13 ' day of December, 2022. Ralph Gutierrez, Mayor ATTEST: Sheila Edmondson, Interim City Secretary (SEAL OF THE CITY) K#j h"I &IIN I k A�U91:912191;v t N:r 204 Randolph Ave w YW CROSS BRANCH SURVEYING 10615 PERRIN BEITEL #703 SAN ANTONIO, TEXAS 78217 (210) 828 -1102 STATE OF TEXAS 0.14 ACRES COUNTY OF GUADALUPE 204 RANDOLPH BLVD. BEING A 0.14 ACRE TRACT OUT OF THE G. MALPAZ SURVEY NO. 67, GUADALUPE COUNTY, TEXAS, BEING ALL OF THAT SAME TRACT DESCRIBED IN DOCUMENT NO. 202199019648 OF THE OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1 /2" iron rod found in the southwest line of that certain tract of land conveyed to Francisco H. & L.T. Coronado by deed recorded in Volume 51.8, Page 643, of the Deed Records of Guadalupe County, Texas, same being the north corner of a 0.3418 - acre tract of land conveyed to MM STX, LLC by deed recorded in Document No. 201999027444 of the Official Public Records of Guadalupe County, Texas, same being the east corner and the POINT OF BEGINNING of this herein described tract; THENCE, S 60 °00'00" W, leaving the southwest line of said Coronado tract, with the northwest line of said 0.3418 -acre tract, a distance of 89.06 feet to a 1 /2" iron rod set in the northeast right -of -way line of Randolph Avenue for the west corner of said 0.341.8 -acre tract, same being the south corner of this herein described tract and the east corner of that certain 779 square foot tract of land conveyed to Urban Renewal Agency of the City of Schertz; THENCE, N 30 °00'00" W, with the northeast right -of -way line of Randolph Avenue, a distance of 54.14 feet to a 1 /2" iron rod set at the beginning of a tangent curve to the right; THENCE, 23.56 feet with said curve to the right, having a radius of 15.00 feet, a central . angle of 90 °00'00" and a chord which bears N 15 °00'00" E, a distance of 21.21 feet to a 1 /2" iron rod set in the southeast right -of -way line of Exchange Avenue for the point of tangency; THENCE, N 60 °00'00" E (the bearing basis), with the southeast right -of -way line of Exchange Avenue, a distance of 74.06 feet to a 1 /2" iron rod set for the west corner of said Coronado tract, same being the north corner of this herein described tract; THENCE, S 30 °00'00" E, leaving the southeast right -of -way line of Exchange Avenue, with the southwest line of said Coronado tract, a distance of 69.1.4 feet to the POINT OF BEGINNING of this herein described tract, containing 0.14 acres (6,109 square feet) of land, more or less, within these metes and bounds. 1 of 2 I hereby certify that this survey was performed upon the ground May 24th, 2022, under my direct supervision and is true and correct to the best of my knowledge. Caesar A. Garcia Registered Professional Land Surveyor No. 5904 pF WO #22 -5 -4D i sr4 GOO.: CAESAR A. GARCIA ,++'.5904't S 6.�� ��4 OXIM 's s m 9 tP sW �� NT cad, yT 'sss92 sOs a �T -66141 X9'2 w S�"CIHHERTZ W N E C€JMR9UPR9iY� SERVICE -OPPORTUNITY S S s; ss Sias eps ss 'I ll s11 s I I IN - < 2 ag m t mi PM qn SCHIJERTZ' Based OPPOPLUNTO NOTICE OF PUBLIC NEARING Neat 20K Le. properly Comer Tha Schsez DLhpmg and beaS Carry 55 gdad; a wbl L haung at wa 5ea,uwemeo.182M a I. £W Fem, at to& Kimulted COIIW-:L Chameas ? 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CITY COUNCIL MEMORANDUM City Council December 13, 2022 Meeting: Department: City Secretary Subject: Ordinance No. 22 -S -42 - Consideration and /or action on a request to rezone approximately 31 acres of land from General Business District (GB) to Single- Family Residential District (R -2), the property, a portion of Parcel ID 63998, generally located approximately 1,000 feet to the northwest of the Eckhardt Road and Green Valley Road intersection. City of Schertz, Guadalupe County, Texas. (B. James, L. Wood, S. Haas) (Final Reading) BACKGROUND Owner: Theresa Jeanne Ackermann Forty public hearing notices were mailed to the surrounding property owners on September 30, 2022 with a public hearing notice published in the "San Antonio Express" on Wednesday, November 16, 2022. At the time of this report, staff has received six (6) responses opposed and one (1) response in favor of the requested rezoning. Five of the responses in opposition are from property owners within the 200' notice area. They represent 20.1 % of the area within the 200' notice area. As these protests exceed the 20% requirement, an affirmative vote of at least three - fourths of Council is required to approve this request. The attached Opposition Exhibit shows the opposition that is within the 200' notice area. A public hearing was held at the October 12, 2022, Planning and Zoning Commissions meeting where the following residents spoke: • Louis Dawkins - 536 Scarlet Ct., Canyon Lake • Donna Sanders - 4507 Pecos Pt. • Theresa Jeanne Ackermann - property owner • Carlos Sanders - 4507 Pecos Pt. There was a discussion on: • Clarification on water standards and availability • Property Taxes • Retail sales businesses • Road improvements • Land use changes GOAL The goal is to rezone approximately 31 acres of land from General Business District (GB) to Single - Family Residential District (R -2) in order to develop a residential subdivision. COMMUNITY BENEFIT The community benefit is to promote safe, orderly, efficient development and bring about the City's vision of future growth. SUMMARY OF RECOMMENDED ACTION The Comprehensive Land Use Plan (CLUP), through the Future Land Use Plan and the North Schertz Sector Plan, designates this subject property as Single - Family Residential. • Comprehensive Plan Goals and Objectives: The Single- Family Residential designation from the Comprehensive Land Use Plan and the Future Land Use Plan is intended to accommodate Single- Family Residential which is defined as conventional detached dwellings. For areas proposed to utilize a traditional neighborhood design the Single Family Residential use may include a mix of residential uses as well as limited commercial development to support the daily activities of the development. Additionally, in all Single Family Residential use areas, public and semi - public development such as schools and churches are encouraged as neighborhood focal points. Currently, the property is zoned General Business District (GB), which does not align with the Comprehensive Land Use Plans designation for the property. The proposed zone change to Single - Family Residential District (R -2) is directly in line with the goals and objectives of the Comprehensive Land Use Plan. • Impact of Infrastructure: The proposed rezone would have a minimal impact on the existing infrastructure. If the zone change were to be approved, during the platting / development process the property will need to comply with all subdivision regulations in relation to water and sewer. • Impact of Public Facilities /Services: The proposed zone change would have minimal impact to the public services, such as schools, fire, police and parks. • Compatibility with Existing and Potential Adjacent Land Uses: The property is adjacent to single family homes to the north and predominately undeveloped land. The Comprehensive Land Use Plan designates the property as Single - Family Residential. The proposed zone change is compatible with existing and potential land uses. FISCAL IMPACT None RECOMMENDATION The property is compatible with adjacent land uses as well as the Comprehensive Land Use. If the zone change gets approved, the approximately 31 acres will be developed into single- family homes with an R -2 zoning district designation for a proposed traditional neighborhood design that may include a mix of residential uses such areas of public and semi - public uses. The Planning and Zoning Commission held a public hearing on October 12, 2022, and offered a recommendation of approval with a 6 -0 vote. Staff supports the Commissions recommendation and recommends approval of the proposed rezoning from General Business District (GB) to Single - Family Residential District (R -2). Attachments Ordinance No. 22 -S -42 Exhibit A Aerial Exhibit Public Hearing Notice Map Public Hearing Responses Opposition Exhibit ORDINANCE NO. 22-S-42 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 31 ACRES OF LAND TO SINGLE - FAMILY RESIDENTIAL DISTRICT (R -2) GENERALLY LOCATED 1,000 FEET TO THE NORTHWEST OF THE ECKHARDT ROAD AND GREEN VALLEY ROAD INTERSECTION ALSO KNOWN AS GUADALUPE COUNTY PROPERTY IDENTIFICATION NUMBER 63998, GUADALUPE COUNY, TEXAS WHEREAS, an application to rezone approximately 31 acres of land located 1,000 feet to the northwest of the Eckhardt Road and Green Valley Road intersection, also known as 4600 Eckhardt Road, also known as Guadalupe County Property Identification Number 63998, and more specifically described in the Exhibit A attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Criteria "); and WHEREAS, on October 1.2, 2022, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to approve the requested rezoning; and WHEREAS, on December 6, 2022, the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A, is hereby zoned Single - Family Residential (R -2). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 6th day of December, 2022. PASSED, APPROVED AND ADOPTED on final reading the 1.3t' day of December, 2022. Ralph Gutierrez, Mayor Sheila Edmondson, Interim City Secretary (SEAL OF THE CITY) 3 0 N a 0 U W X Lti 0 a �i 3 '~ W L � 0 r2 - �L0 60 �/ N N r N 0 N N U 0 0_a- / Q) o� 4.99 ACRE TRACT LAND USE: AGRICULTURE ZONING: NONE PROPERTY ID: 61591 (DOC.# 16165) OWNER: DAKE COLLEEN J 7208 GREEN VALLEY RD CIBOLO, TX 78108 4.99 ACRE TRACT LAND USE.-AGRICULTURE ZONING: NONE PROPERTY ID: 61628 (VOL., PG.) OWNER: GROVER E & BA WRIGHT 7260 GREEN VALLEY RD CIBOLO, TX 78108 VI0S1a REFERENCED PROPERTY IS IN ZONE X, AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN, AS SCALED FROM FEMA FLOOD MAP 90 OF 480, COMMUNITY PANEL NO. 48187C0090F, DATED NOVEMBER 2, 2007. —81 b . 7� -") CC, l ZONING TABLE TOTAL ACREAGE EXISTING ZONING PROPSOED ZONING 30.13 ACRES GB R -2 t a 9 34 ACRE TRACT e LAND ISE: AGRICULTURE (T CAA 7 0 ZONING GB �� �Y 6 '64 im, 6' m 0m, SCALE: I"=100' PfOPERY ID: 63994 22.14 ACRE TRACT (VOL. 1654, PG. 902 O.P.R.) 0' 100' 300' LAND USE: AGRICII ��,, TORE I OWNER. RB�V2 LIMITED PARTNERSHIP in . f. n j - 880b\CA RRIA GE DR 200' LEGEND — 730 — — = BOUNDARY = RIGHT - OF -WAY = EXISTING CONTOURS = 200' NOTIFICATION BOUNDARY _....m . ..... ............ OWNER: THERESA ADDRESS DEED INFO 168220 SANDOVAL DUSTIN R 4486 PECOS POINT SCHERTZ, TX. 78108 s JEANNE ACKERMANN ♦ G°U 201999014105 THERESA ACKERMANN 7263 GREEN VALLEYRD. P� G O�Nr G° PA_UPE 0.75 ACRE TRACT 7263 GREEN VALLEY 168217 STEWART KENNETH WAYNE JR & MICHELLE STEWART ii 202099029079 168216 LAND USE: AGRICULTURE RD 20209900089 168215 GARCIA JOSEPHINE EUGENIA & PEDRO A CRESPO 4506 PECOS POINT SCHERTZ, TX. 78108 C/BOLOO, TX 78108 SANANTON /O, TX 78249 ZONING: NONE CIBOLO, TX 78108 20199902263 °Uo °MPS °UNTy �� 10 G EG (210) 367 -0445 1. 4518 PECOS POINT SCHERTZ, TX. 78108 202199005869 168211 SCHERTZ CYPRESS POINT HOMEOWNERS ASSOCIATION INC 3424 PAESANOS PARKWAY STE. 100 SHAVANO PARK, TX. 78108 201999018273 ENGINEER: (VOL. 477, PG. 698 O.P.R.) 4622 PECOS POINT SCHERTZ, TX. 78108 201899027222 "T_ \ N SITE 202099021053 KFWENGINEERS & SURVEY ING OWNER: BARBARA ANN WRIGHT 7260 GREEN VALLEY RD 4630 PECOS POINT SCHERTZ, TX. 78108 201999030064 � `e� � 0" mm�� ���M ; NEWBRAUNFELS TX 78130 162 W M /LL ST., , WOOLRIDGE LENOY & JILL COBB 4638 PECOS POINT SCHERTZ, TX. 78108 201999011613 U) GRtiti 8 i N. T. S. PHONE. (830) 220 -6042 CIBOLO, TX 78108 L OCA T /ON MAP _....m . ..... ............ OWNER: THERESA ADDRESS DEED INFO 168220 SANDOVAL DUSTIN R 4486 PECOS POINT SCHERTZ, TX. 78108 s JEANNE ACKERMANN YI JAE & KIMEO YI 4490 PECOS POINT SCHERTZ, TX. 78108 201999014105 THERESA ACKERMANN 7263 GREEN VALLEYRD. AWH CONSULTING, LL C. 4630NL0 OP 9604 W, SUITE 514 0.75 ACRE TRACT 7263 GREEN VALLEY 168217 STEWART KENNETH WAYNE JR & MICHELLE STEWART 4498 PECOS POINT SCHERTZ, TX. 78108 202099029079 168216 LAND USE: AGRICULTURE RD 20209900089 168215 GARCIA JOSEPHINE EUGENIA & PEDRO A CRESPO 4506 PECOS POINT SCHERTZ, TX. 78108 C/BOLOO, TX 78108 SANANTON /O, TX 78249 ZONING: NONE CIBOLO, TX 78108 20199902263 vn PATTERSON AMY M & LINDSAY M BARRETT w ID# 168211 (210) 415 -0697 (210) 367 -0445 PROPERTY ID: 61626 _ 4518 PECOS POINT SCHERTZ, TX. 78108 202199005869 168211 SCHERTZ CYPRESS POINT HOMEOWNERS ASSOCIATION INC 3424 PAESANOS PARKWAY STE. 100 SHAVANO PARK, TX. 78108 201999018273 ENGINEER: (VOL. 477, PG. 698 O.P.R.) 4622 PECOS POINT SCHERTZ, TX. 78108 201899027222 "T_ \ MORENO ELISEO JR & REBECCA ID# 1ss22o ., 202099021053 KFWENGINEERS & SURVEY ING OWNER: BARBARA ANN WRIGHT 7260 GREEN VALLEY RD 4630 PECOS POINT SCHERTZ, TX. 78108 201999030064 � `e� � � mm�� ���M ; NEWBRAUNFELS TX 78130 162 W M /LL ST., , WOOLRIDGE LENOY & JILL COBB 4638 PECOS POINT SCHERTZ, TX. 78108 201999011613 U) LALONDE GERALD DOUGLAS 8 i 201999024971 PHONE. (830) 220 -6042 CIBOLO, TX 78108 4646 PECOS POINT SCHERTZ, TX. 78108 .Go i _— init ipRpiA / E, 201999015896 FAX (830) 627 -9097 23.63 ACRE TRACT LAND USE: AGRICULTURE ZONING: NONE PROPERTY ID: 61592 (VOL. 2780, PG. 1073 O.P.R. OWNER: BARBARA WRIGHT 7260 GREEN VALLEY RD CIBOLO, TX 78108 11.682 ACRE TRACT LAND USE: AGRICULTURE ZONING: NONE PROPERTY ID: 61525 (VOL. 669, PG. 102 O.P.R.) OWNER: HAROLD M KLAERNER 7470 GREEN VALLEY RD NEW BRAUNFELS, T 78132 0.630 ACRE TRACT LAND USE: SINGLE - FAMILY RESIDENTIAL ZONING: A 1 PROPERTY ID: 61526 (VOL. 669, PG. 102 O.P.R.) OWNER: HAROLD M KLAERNER 7470 GREEN VALLEY RD NEW BRAUNFELS , TX 78123 go e GREEN VAI 4EY W 1� r'F£ 5.503 ACRE TRACT LAND U E: GRICULTURE O ING: GB PR TY ID: 63997 (VOL. 416, PG. 26 O.P.R.) OWNER: KATHY ADAMS AND %JASON LUND 419 E ,KHARDT ROAD *40N, TX 78124 ARDTROAD 14 12 1D# 168199 13 ID# 168198 12 ID# 168197 BLOCK 11 12 1D# 168196 10 ID# 168195 9 13 16 17 a ID# 168185 8 ID# 168193 O� 7 s° ID# 168192 42.79 ACRE TRACT LAND USE: ZONING: GB PROPERTY ID: 63992 (DOC.# 202099005 54j OWNER: HESS HILLS DEVELOPMENT LLC 606 EAST 42ND ST} AUSTIN, TX 78751 l 1 PROPERTYINFORMA T /ON ID# OWNER ADDRESS DEED INFO 168220 SANDOVAL DUSTIN R 4486 PECOS POINT SCHERTZ, TX. 78108 201899019438 168219 YI JAE & KIMEO YI 4490 PECOS POINT SCHERTZ, TX. 78108 201999014105 168218 KURTZ TRACIELYNN MARIE 4494 PECOS POINT SCHERTZ, TX. 78108 202199014783 168217 STEWART KENNETH WAYNE JR & MICHELLE STEWART 4498 PECOS POINT SCHERTZ, TX. 78108 202099029079 168216 BERRYMAN KENDALL & JANET 4502 PECOS POINT SCHERTZ, TX. 78108 20209900089 168215 GARCIA JOSEPHINE EUGENIA & PEDRO A CRESPO 4506 PECOS POINT SCHERTZ, TX. 78108 20209000663 168214 GOCHENOUR CHASE MATTHEW & CHLOE SHEILA BROUILLARD 4510 PECOS POINT SCHERTZ, TX. 78108 20199902263 168213 PATTERSON AMY M & LINDSAY M BARRETT 4514 PECOS POINT SCHERTZ, TX. 78108 201999003589 168212 1 POLLENTIER DAWN M & THOMAS W CALDWELL 4518 PECOS POINT SCHERTZ, TX. 78108 202199005869 168211 SCHERTZ CYPRESS POINT HOMEOWNERS ASSOCIATION INC 3424 PAESANOS PARKWAY STE. 100 SHAVANO PARK, TX. 78108 201999018273 168201 MONTALVO ALEXANDRA LEE & ALFRED G MONTALVO JR 4622 PECOS POINT SCHERTZ, TX. 78108 201899027222 168200 MORENO ELISEO JR & REBECCA 4626 PECOS POINT SCHERTZ, TX. 78108 202099021053 168199 COIN HOLLY NIKOLE 4630 PECOS POINT SCHERTZ, TX. 78108 201999030064 168198 MURRAY ANTHONY & TIFFANI A 4634 PECOS POINT SCHERTZ, TX. 78108 202099023806 168197 WOOLRIDGE LENOY & JILL COBB 4638 PECOS POINT SCHERTZ, TX. 78108 201999011613 168196 LALONDE GERALD DOUGLAS 4642 PECOS POINT SCHERTZ, TX. 78108 201999024971 168195 THAI ANTHONY D & YUIRIRIA VERA 4646 PECOS POINT SCHERTZ, TX. 78108 202099003285 168194 GROSS LARRY & DEBRA 4650 PECOS POINT SCHERTZ, TX. 78108 201999015896 168193 SPARKS MATTHEW STEVEN & KELSEY RAY SPARKS 4654PECOS POINT SCHERTZ, TX 78108 201899023930 168192 SHIELDS KENNETH W JR & TAMARA 4804 FOREST OAK SCHERTZ, TX. 78108 201899023457 168191 SCOTT CHRISTOPHER JAMES & JENNIFER PATRICIA 4808 FOREST OAK SCHERTZ, TX. 78108 202099010419 168185 RODRIGUEZ ALENANDRO & LUZ M 4696 GREY SOTOL WAY SCHERTZ, TX 78108 201899025788 168172 FEGINS ASHLEY C & SHENIKA 4503 PECOS POINT SCHERTZ, TX 78108 201999002212 168171 SANDERS CARLOS & DONNA LYNN 4507 PECOS POINT SCHERTZ, TX 78108 201999021733 168170 SWEDA BRIAN & LAURIE 4511 PECOS POINT SCHERTZ, TX 78108 202099021747 168169 SCHERTZ CYPRESS POINT HOMEOWNERS ASSOCIATION INC 3424 PAESANOS PARKWAY STE. 100 SHAVANO PARK, TX. 78108 201999018273 168421 FRISBEY PERRY M ll & WENDY L 4905 ARROW RIDGE SCHERTZ, TX. 78124 201999004122 168420 NELSON -LANG ALLAINA MARGUERITE & DONALD LANG 4901 ARROW RIDGE SCHERTZ, TX. 78124 202099004471 168435 PARKLANDS UNITS 1 & 2 LTD 11 LYNN BAITS LN STE. #100 SAN ANTONIO, TX. 78218 201620113115 18.461 ACRE TACT LAND USE: SINGLE - FAMILY RESIDENTIAL ZONING: R4 CYPRESS POINT, UNIT 4 (VOL. 8, PGS. 729 -730 M.P.R.) __ * \ ' \ 3 4 ID# 168421A day f 5 A,4OWR 1D# 168422 BLOCK -- DOGE ENGINEERS + SURVEYING 162 W Mill St., New Braunfels, Tx. 78130 Phone #: (830) 220 -6042 • Fax #., (830) 627 -9097 TBPE Firm #: 9513 • TBPLS Firm #: 10122300 ECKHARDT ROAD SUBDIVISION ZONING EXHIBIT SCHERTZ, TEXAS GUADALUPE COUNTY LEGAL DESCRIPTION. A 30.13 ACRE TRACT OF LAND, OUT OF THE CARROL M. GAHAGAN JR. SURVEY NO. 258, ABSTRACT NO. 142, THE EMANUELA DE LOS SANTOS COY SURVEY ABSTRACT NO. TATE2 BEING OUT OF THE 44.332 ACRE TRACT OF LAND AS CONVEYED TO THERESA JEANNE ACHERMAN OF RECORD IN VOLUME 2955, PAGE 1031 OF THE OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS AND SITUATED IN THE CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS. PREPARED: JULY, 2022 THIS DOCUMENT HAS BEEN PRODUCED FROM MATERIAL THAT WAS STORED AND /OR TRANSMITTED ELECTRONICALLY AND MAY HAVE BEEN INADVERTENTLY ALTERED. RELY ONLY ON FINAL HARDCOPY MATERIALS BEARING THE CONSULTANT'S ORIGINAL SIGNATURE AND SEAL. 10 An < Wv I wwo WPM m � W 3: / 0 (D 0 0 00 C) C) (0 U, C) C) cu C) O 0 WRO C) E 0 _0 co >, co a. 4-a -C IL r low w 0. O < Wv I wwo WPM m � W z 0 U- O (D 0 0 00 C) C) (0 U, C) C) cu C) O 0 C) C) C\j C) E 0 _0 co >, co a. 4-a -C IL r low w 0. O 04 Q?O .0 (D i6 CN m C:) U, C) nN cn U) C) Co " ry, a- 0 _0 co >, co a. 4-a -C w U, E .'.' 41 M=��, E�=� I . I .ALI I I) DMA 01 IM WO 1 310V The Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend thz public hearing. This form is used to calculate the percentage of landowners that support and oppose the request. You may return the reply form below prior to the first public hearing date by mail or personal delivery to shaas@schertz.com. If you have any questions, please feel free to call Samuel Haas, Planner directly at (210) 619- 1783. 1" == WFITWI, r 123 W, I N V P 77 W DEVELOPMENT The Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. This form is used to calculate the percentage of landowners that support and oppose the request You may return the reply form below prior to the first public hearing date by mail or personal delivery to shaas@_sc. If you have any questions, please feel free to call Samuel Haas, Planner directly at (210) 619- 1783. I am: Comm NAME: STREE DATE: ME= in favor of D- 2 used to V neutral to Cl the request for PLZC20220092 1400 Sol artz Parkway y. Schertz, Texas 78154 11 210,619,1000 1 s �NAz con, Samuel Haas From: James Patterson <jeampatt @yahoo.com> Sent: Wednesday, October 26, 2022 11:55 AM To: Samuel Haas Subject: RE: PLZC20220092 Hi Sam, Thank you for taking the time to speak with me the other day regarding the rezoning letter I received. I am currently a property owner on Pecos Pt and back up to the zoning area in question. Please accept this email as my response as "opposed to ". There is so much construction being built already in the area and with the interest rates going higher, i don't think we need additional single family residential zoning. They are tearing down and clearing land right next to the proposed area. Maybe revisit in a few years and see if still needed. Thanks, Amy Samuel Haas From: amilynn.stewart @yahoo.com Sent: Thursday, October 6, 2022 9:07 AM To: Samuel Haas Subject: PLZC20220092 Attachments: doc00640920221006090431.pdf Good morning, Please find attached hereto our response in opposition to the PLZ20220092. Thank you, Amilynn Stewart 806 - 632 -0778 SCHHERTZ� OP SERVICE RTUNITY NOTICE OF PUBLIC HEARING September 29, 2022 Dear Property Owner, PLANNING & COMMUNITY DEVELOPMENT The Schertz Planning and Zoning Commission will conduct a public hearing on Wednesday, October 12th, 2022, at 6:00 p•m• located at the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas to consider and make recommendation on the following item: PLZC20220092 — A request to rezone approximately 31 acres of land from General Business District (GB) to Single - Family Residential District (R -2), the property, a portion of Parcel ID 63998, generally located approximately 1,000 feet to the northwest of the Eckhardt Road and Green Valley Road intersection. City of Schertz, Guadalupe County, Texas. The Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. This form is used to calculate the percentage of landowners that support and oppose the request. You may return the reply form below prior to the first public hearing date by mail or personal delivery to shags schertz.com. If you have any questions, please feel free to call Samuel Haas, Planner directly at (210) 619- 1783. Sincerely, Samuel Haas Planner Reply Form I am: in favor of ❑ opposed to neutral to ❑ the request for PIZC20220092 COMMENTS: NAME: llu�� C �e,� 1 SIGNATURE Dalk5 1 (PLEASE PRINT) STREET ADDRESS: Z' E� I g P-P—GOS �b l >-)+ DATE: � D ,512022 1400 Schertz Parkway Schertz, Texas 78154 210.619.1000 schertz.com Samuel Haas Fromm Dawn Caldwell xdmca|d68@yahoozom> Sent: Thursday, October 620228:32AK4 To: Samuel Haas Subject: Rezoning -PLZ[20220092 Attachments: Schertz reply form.pdf Attached iS our reply tO the rezoning # MEEZEERM � 11 O'LIA a 01 IQ 1,010 kB public hearing. This form is used to calculate the percentage of landowners that support and oppose the request. You may return the reply form below prior to the first public hearing date by mail or personal delivery to shaas@schertz,com. If you have any questions, please feel free to call Samuel Haas, Planner directly at (210) 619- 1781 e ply m For r I am: in favor of - 0 "gp2gLed-t6-[P/Reutcd-ito 0 the request for PL- Samuel Haas From: To: Subject: Attachments: _ Sent with Genius Scan for K]3. Debra Gross xdaoross1274@)gmai|zom> Wednesday, October 5i20221:32PK4 Samuel Haas Request to Rezone from Larry and Debra Gross, 4650 Pecos Point 202210-0513-28.pdf We would like to know what the plans are for this area if it is rezoned. Debra Gross "Charm is deceptive, and beauty is fleeting; but a woman who fears the LORD istobepraised." (Proverbs 31:30) Sent from my Whone IM From: L Dawkins <Idd7@sbcglobal.net> Sent: Tuesday, October 11, 2022 3:08 PM To: Samuel Haas Subject: Public Hearing - PLZC 20220092 Response 1, Ruby F. Schwab am' Opposed'to the request for PLZC20220092. I will be in attendance tomorrow night for the hearing. Ruby F. Schwab M&WIWdA?A% COMMUNITY SCHHEIRTZ I SERVICE OPPORTUNITY * i NI 4412211:1 - Z f- a•- i DEVELOPMENT • • • • • • • • • • • • .i• `• . i • • - 1 shaaspschertz.com. If you have any questions, please feel free to call Samuel Haas, Planner directly at (210)) ♦ 1! 1 • -i' r - i- .1�• 1r `•r• 1 r•ir - -i • •' i below i i` public i. ! l 1 1' • 1' • 1783. Reply Form I : In favor of 11 rgMed to neutral to El the request for : d S i ,,1 G NAME. Li SIGNATURE STREET ADDRESS: /0 J- 7 DATE. 0 °® 1400 Schertz Parkway Schertz, Texas 78154 210.619.1000 echertz.ccrn ME ■ I I rim. .................. M .............. ..... INS— VMS- Rhl jrra PgbjnrTP e ail Rbujua Wff jsl • e , 4600 ECKHARDTRD (63 998) 00 ON -..' i K4L:l fh is, 1' 1 �41 011 �11N�m )0,9 ARROW �ORIDGEf Q(ji8426) 4901 ARROW RIDGE (168422) ECKHARDTRD (63992) wl&Nw, rf-,N NCHHERTZ, COMMUNITY* SERVICE- OPPORTUNITY p GREEN jo P VALLEY RD (64006) Fh�lnn p 7263 GREEN. ni I (P VALLEY Y R �PP _P , ll 10153815) nl nnl I une 4 00 ON -..' i K4L:l fh is, 1' 1 �41 011 �11N�m )0,9 ARROW �ORIDGEf Q(ji8426) 4901 ARROW RIDGE (168422) ECKHARDTRD (63992) wl&Nw, rf-,N NCHHERTZ, COMMUNITY* SERVICE- OPPORTUNITY p p jo P N P P W �j2�-E Fh�lnn p p ni I (P �PP _P d nl nnl I une I ni I nl I P1 I r I t I I rTiA I I Agenda No. 7. CITY COUNCIL MEMORANDUM City Council December 13, 2022 Meeting: Department: City Secretary Subject: Ordinance No. 22 -S -44 - Consideration and/ or action on a request to rezone approximately 75 acres of land from General Business District (GB) and Manufacturing District -Light (M -1) to Planned Development District (PDD), generally located southeast of the intersection of I1135 and Cibolo Valley Drive, also known as Guadalupe County Property Identification Numbers 6831.3, 6831.4, and 148510, City of Schertz, Guadalupe County, Texas. (B. James, L. Wood, E. Delgado) Final Reading) BACKGROUND Update from the December 6, 2022 City Council Meeting: Based on the discussion at the December 6th City Council meeting in relation to "Auto Repairs & Service Major" within Area I, the proposed Schertz Station PDD has been modified. The PDD Design Standards for Area I now propose a permitted land use of "Auto Repairs & Service, Medium" with a created definition for what is allowable within that land use. The proposed PDD design standards indicate that within this land use no outdoor storage of materials such as tires, auto parts, etc. is allowed. Owner: San Antonio One, LTD Partnership Applicant / Developer: Embrey, Omar Rivera Engineer: Kimley -Horn Representative: Ashley Farrimond Forty Four (44) public hearing notices were mailed to the surrounding property owners on October 14, 2022 with a public hearing notice published in the "San Antonio Express" on November 16, 2022, prior to the City Council public hearing. At the time of this report, staff has received one response in favor, and three responses opposed to the request. The Planning and Zoning Commission conducted a public hearing on October 26, 2022. During the public hearing property owners from neighboring subdivisions from the north and west spoke in opposition of the proposed development. GOAL The goal is to rezone approximately 75 acres of land from General Business District (GB) and Manufacturing District -Light (M -1) to Planned Development District (PDD). COMMUNITY BENEFIT The community benefit is to promote safe, orderly, efficient development and bring about the City's vision of future growth. SUMMARY OF RECOMMENDED ACTION The applicant is proposing to rezone approximately 75 acres of land from General Business District (GB) and Manufacturing District -Light (M -1) to Planned Development District (PDD). Currently, the property is undeveloped / agricultural land. The proposed Planned Development District, titled "Schertz Station ", is divided into four (4) different areas to include Commercial, Retail, and Multi- Family, each of which has their own designations and standards, outlined below. Area L• The portion of the property along 11135 and Cibolo Valley Drive, proposed to develop as Commercial /Retail- Approximately 18.6 acres • Area I is proposed with a base zoning of General Business (GB), and will allow all uses permitted in General Business per the UDC along with "Auto Repairs & Service, Major" and "Retail Cabinet Sales ". • Within Area I, The maximum impervious coverage is proposed to be 85 %. Additionally, 15% of Area I will be required to be landscaping. Since Area I is adjacent to IH 35, a minimum fifty (50) foot front building setback will be required for all lots fronting IH 35 frontage road. Area II: The portion of the property located in the center of the 75 acres, immediately behind Area I, proposed to develop as Commercial / Retail - Approximately 19.2 acres. Originally the applicant also was requesting that multifamily uses be allowed in Area II. After Planning and Zoning Commission consideration the applicant modified their request to eliminate multifamily residential uses as an allowed use. • Area II is proposed with a base zoning of General Business (GB), and will allow all uses permitted in General Business per the UDC, along with "Commercial Amusement, Outdoor ". • Within Area II, The maximum impervious coverage is proposed to be 90 %. Additionally, 10% of Area II will be required to be landscaping. Area III: South of Area II, proposed to develop as Multi - Family - Approximately 33.5 acres • Area III is proposed with a base zoning of Apartment / Multi- Family (R -4), and will allow uses permitted in Apartment / Multi - Family (R -4) per the UDC • Within Area III, the maximum height of any proposed buildings will be 35 feet with a maximum impervious coverage of 80 %. Additionally, 20% of Area III will be required to be landscaping. • Since Area III is proposed as Multi - Family, the PDD Design Standards stipulate a maximum density of 12 units per acre. Additionally, there will be a required parking ratio of 1.75 parking spaces per unit (minimum). Area IV: Immediately adjacent to the intersection of Cibolo Valley Drive and Old Wiederstein, proposed to develop as Commercial / Retail - Approximately 3.29 acres • Area IV is proposed with a base zoning of General Business (GB), and will allow all uses permitted in General Business per the UDC • Within Area IV, the maximum height of any proposed buildings will be 35 feet with a maximum impervious coverage of 85 %. Additionally, 15% of Area IV will be required to be landscaping. In addition to the four proposed areas, the Schertz Station PDD also indicates that the extension of Ripps Kruesler through the project will be completed as a "Collector ". Throughout the entirety of the proposed PDD a minimum fifteen foot (15') wide landscape buffer to include one (1) tree per twenty linear feet (20') will be provided adjacent to all public right of ways. Additionally, the proposed PDD design standards stipulate that all parking spaces will be no less than nine (9) feet by eighteen (1.8) feet (9'x 18') and wheel stops will not be provided. The Comprehensive Land Use Plan (CLUP) and Schertz Sector Plan Update, and more specifically as depicted on the Future Land Use Plan Map identifies the subject property as three different land use designations: Highway Commercial, Commercial Campus, and Single :Family Residential. Specifically the Highway Commercial designation is located at the corner of Cibolo Valley Drive and IH 35.Highway Commercial is intended for regional scale retail and commercial uses that can take advantage of the highway frontage. The Commercial Campus designation is located along the IH 35 frontage and into the center of the subject property. Commercial Campus is intended to encourage the development of lower intensity commercial and office uses in addition to allowing for multi - family. The Single Family Residential designation is located towards the southern portion of the subject property. Single Family Residential is intended for a mix of residential uses (such as multi - family) along with limited commercial development to support the daily activities of the development. • Comprehensive Plan Goals and Objectives: The subject property as a whole has three Future Land Use Designations, Highway Commercial, Commercial Campus, and Single Family Residential. These land use designations are intended to allow for commercial, retail, and multi - family which is what is being proposed by the Schertz Station PDD. Based on the Schertz Station PDD providing for a mixture of multi- family, commercial and retail the proposed development is in conformance with the goals and objectives of the Comprehensive Plan. • Impact of Infrastructure: The proposed Schertz Station PDD should have minimal impact on the existing and planned water and wastewater systems in the area. If approved, the project would be required to go through the standard development process which would include any public infrastructure improvements for water, wastewater and roadways. • Impact of Public Facilities /Services: The proposed rezoning request should have minimal impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is adjacent to Cibolo Valley Drive, IH 35, and Old Wiederstein Road. Additionally, in the area is the Cibolo Crossing Development located across Cibolo Valley Drive from the subject property which is proposed to develop with commercial, retail, and multi- family. The proposed Schertz Station zone change would be compatible with the Cibolo Crossing Development in the City of Cibolo. Additionally, the subject property is adjacent to the EVO Entertainment, movie theater. The proposed commercial and retail is directly compatible with this existing business. FISCAL IMPACT None. RECOMMENDATION The Schertz Station Planned Development District is proposing to develop as commercial, retail, and multi - family which has been described as desired at the intersection of Cibolo Valley Drive and IH 35. The proposed PDD will maintain the commercial and retail components along the IH 35 frontage as well as providing a commercial option at the hard corner of Old Wiederstein and Cibolo Valley Drive. Additionally, the proposed Schertz Station will incorporate multi- family as a buffer from the proposed commercial / retail to the adjacent SCUCISD owned property and the residential across Old Wiederstein. Based on the subject property's Comprehensive Land Use Designations and the conformance and compatibility with the proposed Schertz Stations Planned Development District, along with the unique nature of the proposed commercial, retail, and multi- family staff recommends approval of the Planned Development District zone change request. The Planning and Zoning Commission conducted a public hearing on October 26, 2022 where the Planning and Zoning Commission made a unanimous recommendation of approval of the zone change as presented with a note in relation to the proposed project needing to meet Unified Development Code Section 21.14.3.17 in relation to sight distance requirements. Attachments Ordinance No 22-S-44 Exhibit A- Zoning Exhibit Exhibit 13- Schertz Station PDD Design Standards Conceptual Plan Aerial Map Public Hearing Notice Map Public Hearing Notice Responses ORDINANCE NO. 22-S-44 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 75 ACRES OF LAND TO PLANNED DEVELOPMENT DISTRICT (PDD), GENERALLY LOCATED SOUTHEAST OF THE INTERESECTION OF III 35 AND CIBOLO VALLEY DRIVE, ALSO KNOWN AS GUADALUPE COUNTY PROPERTY IDENTIFICATION NUMBERS 68313, 68314, AND 148510, CITY OF SHCERTZ, GUDALUPE COUNTY, TEXAS WHEREAS, an application to rezone approximately 75 acres of land located southeast of the intersection of IH 35 and Cibolo Valley Drive, also known as Guadalupe County Property Identification Numbers 68313, 68314, and 148510, and more specifically described in the Exhibit A attached herein (herein, the "Property") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Criteria "); and WHEREAS, on October 26, 2022, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to approve the requested rezoning according to the development standards set forth in Exhibit B attached herein (the "Development Standards "); and WHEREAS, on December 6, 2022, the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A, is hereby zoned Planned Development District (PDD). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 6th day of December, 2022. PASSED, APPROVED AND ADOPTED on final reading the 1.3t' day of December, 2022. Ralph Gutierrez, Mayor Sheila Edmondson, Interim City Secretary (SEAL OF THE CITY) FBI C 0 0 1 1 2 I 3 I 4 VARIAl ELECTRIC E DOC# 20` CB= 40' WID VOL. 40 ' ! I1 �: • � li r APPROXIMATE EASE AND GRAPHIC SCALE IN FEET 0 100 200 400 LEGEND PROPERTY BOUNDARY EXISTING EDGE OF ASPHALT 0FiE EXISTING OVERHEAD ELECTRIC ss EXISTING SANITARY LINE ,J EXISTING WATER LINE GAS .. ............................... EXISTING GAS LINE 1� BENCHMARK O PROPERTY CORNER NOTES 1. ACCORDING TO FLOOD INSURANCE RATE MAP PANEL 48187CO210F, DATED 11/2/2007, A PORTION OF THE SITE IS LOCATE IN ZONE A AND IS LOCATED IN THE 100 -YR FLOODPLAIN. THE REMAINING SITE IS LOCATED IN ZONE X AND IS NOT WITHIN THE 100 -YR FLOODPLAIN. 2. THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT THE TIME OF THE FINAL PLAT. SITE DATA TABLE EXISTING SIGN z EXISTING SANITARY SEWER MANHOLE LEGAL DESCRIPTION EXISTING WATER VALVE I— oo EXISTING FIRE HYDRANT O EXISTING CABLE PEDESTAL CURRENT ZONING EXISTING GUY WIRE REQUESTED ZONING EXISTING POWER POLE NOTES 1. ACCORDING TO FLOOD INSURANCE RATE MAP PANEL 48187CO210F, DATED 11/2/2007, A PORTION OF THE SITE IS LOCATE IN ZONE A AND IS LOCATED IN THE 100 -YR FLOODPLAIN. THE REMAINING SITE IS LOCATED IN ZONE X AND IS NOT WITHIN THE 100 -YR FLOODPLAIN. 2. THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT THE TIME OF THE FINAL PLAT. SITE DATA TABLE GENERAL SITE DATA z 74.579 ACRES, J.F. WALKER SURVEY NO. 113, LEGAL DESCRIPTION ABSTRACT NO. 244, CITY OF SCHERTZ, I— oo GUADALUPE COUNTY, TEXAS O GENERAL BUSINESS (GB) & MANUFACTURING CURRENT ZONING (LIGHT) (M -1) REQUESTED ZONING PLANNED DEVELOPMENT DISTRICT (74.579 AC.) PROPOSED LAND USE COMMERCIAL /RETAIL AND MULTI- FAMILY SITE ACREAGE 74.5790 � CSC NEC OF IH -35 & CIBOLO VALLEY DR., CITY OF ADDRESS SCHERTZ, TX KIMLEY —HORN 601 NW LOOP 410, STE 350 SAN ANTONIO, TEXAS 78216 PHONE. 210 - 541 -9166 CONTACT. JOHN GREGORY MOSIER, R.P.L.S SAN ANTONIO ONE, LTD PARTNERSHIP 277 N LOOP 1604 E, STE. 150 SAN ANTONIO, TX, 78232 PHONE 313- 961 -6451 CONTACT. CHARLES FORBES CIVIL ENGINEER KIMLEY —HORN 601 NW LOOP 410, STE 350 SAN ANTONIO, TEXAS 78216 PHONE 210 - 541 -9166 CONTACT AARON PARENICA, P.E. EMBREY 1020 NE LOOP 410, STE 700 SAN ANTONIO, TEXAS 78209 PHONE 210- 824 -6044 CONTACT: OMAR RIVERA EMBREY: NEC IH -35 & CIBOLO VALLEY DR. .. W Q 0 cn z 0 W n, 0 z Lm r- co z U z F rn rn 0 O)o I— oo Wp_? O Q0 U ~6 V- � 0 Oz ° w Q Q Q X m Q� Q � CSC w� F- \ c= co Qu) w0 Z U U) W Z Q O ~wry m == 0 U) -r d W O_ N >L MEMO= J uj r2_ 0- W J Y0Z Z 0 O J _j o = � a3: W OZ • II ►y.I�r ►[��m:3 N z z Q z Q CL Q I— oo O � 0 Q� � CSC w� F- \ c= co m m U) o LLI Q m Qm d D I- o w o Z 0 0 J W v v U) w o � o = v ►y.I�r ►[��m:3 U7 Q X ZW O Q� �0 U) o LLI ry N Qm LL I- W a W W U N H uj W U 07 ►y.I�r ►[��m:3 Schertz Station Planned Development District Schertz, Texas Schertz Station Planned Development District Table of Contents I. PDD Introduction Page II. Project /PDD Summary Page 3 b. Project & PDD Areas Page 3 IV. Area II Page 8 VI. Area IV Page 13 VIII. PDD Adjustment Page 16 Schertz Station PDD Page 2 of 16 I. Planned Development District ( "PDD ") The City of Schertz ( "City ") has adopted zoning and site design requirements for specific zoning classifications and uses, as set forth in the Schertz Unified Development Code ( "UDC "). Recognizing that not all development may be able to adhere to the strict regulations and design standards set forth in a particular zoning classification, the City created the Planned Development District ( "PDD ") as an alternative approach to conventional land development. PDD zoning encourages and promotes creative and innovative project design that would otherwise not be possible under the regulations of typical Schertz zoning districts. In exchange for allowing flexibility under the PDD, the City is granted more control and certainty over what is actually constructed on a site. Through the PDD, permitted uses and design standards can be better defined. The PDD Plan (attached) and this written document define the use and project design for the Schertz Station PDD. This document outlines the specific UDC articles and sections that are to be amended or modified pursuant to the City ordinance specific to this PDD. Development within the Property is subject to general development plan review and approval by the City, as required by the UDC. II. The Project a. The Property The PDD project area includes approximately 74.58 acres (the "Property ") at the intersection of IH -35 and Cibolo Valley within the City of Schertz municipal boundaries. The Property is further described in the attached Exhibit "A ". b. The Project Master planned projects allow for cohesive, thoughtful development that is an active and a desirable place for Schertz residents to live, work, and visit. The Schertz Station project will include a mixture of residential and commercial uses, as well as public improvements and infrastructure. Master Planning a project allows for integrated and cohesive uses, improvements, and aesthetics. For purposes of the PDD, the Project is divided into four (4) different areas. The intent of the division is to adopt specific standards applicable to each area, and to provide the City with assurance of where each use will be located. These areas are not intended to be phases; development of different areas of the Project may occur simultaneously or in a different order than numbered. Schertz Station PDD Page 3 of 16 The four (4) areas are as follows and further shown on the PDD Plan: - AREA I — Commercial/Retail Area I includes frontage along IH -35 and Cibolo Valley (near the IH -35 intersection). This Area will be developed with commercial uses, including retail, service, and/or office uses. - AREA II — Commercial /Retail Area II is located at the center of the Property between the commercial highway frontage of Area I and the residential within Area III. This Area will be developed with commercial uses, including retail, service, and/or office uses. - AREA III — Multi - Family Area III is south of Areas I and II, and planned for multi - family development. - AREA IV — Commercial/Retail Area IV is located at the corner of Cibolo Valley and Old Weiderstein Road. This Area is intended for additional commercial development. In addition to commercial and residential development, the Project is also anticipated to include the extension of Ripps Kruesler public right -of -way. The standards for this roadway are further described in this PDD. Each Area of the Project and the public improvements will be developed in accordance with the standards set forth in this PDD and on the attached PPD Plan. If this document and the PDD Plan are silent, then UDC standards shall control. This document and the PDD Plan shall control in the event of a conflict with the UDC. Schertz Station PDD Page 4 of 16 III. Area I Area I of the Project will comply with UDC standards unless stated otherwise below. The following UDC Sections are amended as set forth herein: A. Zoning Districts (UDC Article 5) UDC Section 21.5.7 -- Dimensional and Developmental Standards Unless excepted from herein, Area I shall comply with the City's "GB" General Business District standards. The following Table I.A shall replace UDC Table 21.5.7.B as it applies to the Project: Table LA — Dimensional Requirements Minimum Lot Size Minimum, Yard Setback (ft) Misc. Lot Requirements Code Classification Area sf. Width ft. Depth ft. Front ft. Side ft. Rear ft. Max. Max. Ht. Cover GB General Business 10,000 100 100 20* 0 0 120 85% *The front setback shall increase to 50' if fronting on the IH -35 frontage road in accordance with UDC 21.14.3 Development within the GB area shall comply with the following: a. UDC Parking standards unless otherwise noted for Area I in this PDD. b. Use standards outlined for Area I in this PDD. c. No variances may be permitted to exceed the maximum impervious cover limitations. d. Design requirements of UDC Article 14, Section 21.14.3 unless noted otherwise within this PDD. UDC Section 21.5.8 — Permitted Use Table Structures, land, or premises within Area I shall be used only in accordance with the GB uses permitted in UDC Section 21.5.8. Additionally, "Auto Repairs & Service, Medium" and "Retail. Cabinet Sales" shall be permitted (and required to comply with Table II.A as a GB use). "Auto Repairs & Service, Medium" shall be defined as: An establishment that provides services, including engine tune -ups, oil changes and lubrication, wheel alignment or balancing, sales and installation of batteries or tires, transmission, drive train, radiator, fuel, electrical or muffler repairs, servicing of brakes, air conditioning or exhaust systems, incidental upholstering or similar Schertz Station PDD Page 5 of 16 servicing or repairs not part of collision repair and normally not requiring any significant disassembly or overnight on -site storage of vehicles. No outdoor storage of materials such as tires, auto parts, etc. is allowed. Uses not explicitly permitted herein and requiring a Specific Use Permit shall only be permitted with City Council approval through the Specific Use Permit process included in UDC Section 21.5.11. B. Design Standards (UDC Article 9) UDC Section 21.9.3 — Lots Lot sizes and dimensions will conform to the minimum requirements recognized in "Table I.A — Dimensional Requirements" of this PDD. UDC Section 21.9.5 — Exterior Construction and Design Standards. D. Commercial Buildings. 3. Glazing. All buildings must comply with the 2018 International Building Code and the International Energy Conservation Code for glass and glazing. 4. Articulation and architectural features. a. Horizontal articulations or offsets are required on buildings that are equal to or less than 15,000 square feet on any wall greater in length than 30 linear feet, which is adjacent to or facing a public street. Horizontal articulations or offsets are required for buildings that are greater than 15,000 square feet on any wall greater in length than 100 linear feet, which is adjacent to or facing a public street. (1) The depth of the articulation or offset shall be a minimum of two feet (2'). Articulations or offsets can be of varying depth as long as the minimum two feet (2) is met. b. Vertical articulations or elevation changes are required on all walls facing a public street and should be designed to screen rooftop equipment. (1) The height of the articulation or elevation change shall be a minimum of two feet (2'). Articulations or elevation changes can be of varying height as long as the minimum two feet (2') is met. (2) The length of the new plane created by the articulation or elevation change shall be a minimum of 10% of the total length of the entire wall. 5. Roof Treatments. Fagade articulations shall provide for vertical and horizontal screening of air conditioning units and all mechanical equipment located on rooftops. Schertz Station PDD Page 6 of 16 UDC Section 21.9.7 — Landscaping E. Landscape Installation Required. 2. A minimum of fifteen percent (15%) of Area I shall be landscaped, which includes trees, shrubs, sod or other ground cover. Floodplain and earthen detention/drainage areas may qualify as landscaped areas if they satisfy the conditions above. H. Parking Area Landscaping. 2. Perimeter Landscaping. Screening of parking lots and vehicular use areas from abutting properties and rights-of-way shall not be required. C. Parking (UDC Article 10) Size of Parking Spaces (Section 21.10.3) A. Each standard off-street surface parking space shall measure not less than nine (9) feet by eighteen (18) feet (9'x18'), exclusive of access drives and aisles, and shall be of usable shape and condition. B. Wheel stops. Wheel stops shall not be required. Schedule of Off-Street Parking Requirements (Section 21.10.4) D. Transportation (UDC Article 14) Additional Design Requirements (UDC Section 21.14.3) C. Landscape Bqffer. A minimum fifteen foot (15') wide landscape buffer shall be provided adjacent to any public rigbt-of-way. Trees shall be planted at an average density of one (1) tree per twenty linear feet (20') of street frontage. The landscape buffer shall require an irrigation system and shall be maintained by the property owner. IIVWY- YA wdl7cl May 01- rpallf,_U VY-CffC7-r-fa111111J8 allu I-V11111r, 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. Schertz Station PDD Page 7 of 16 E. Building Setback Line. A minimum fifty foot (50) front building setback shall be required for lots fronting on the III -35 frontage road. All other setbacks shall be in accordance with Table I.A. G. Screening. No screening walls or fencing shall be required adjacent to public right-of- way. IV. Area II Area Il of the Project will comply with UDC standards unless stated otherwise below. The following UDC Sections are amended as set forth herein: A. Zoning Districts (UDC Article 5) UDC Section 21.5.7 -- Dimensional and Developmental Standards Unless excepted from herein, Area II shall comply with the City's "GB" General Business District standards. The following Table ILA shall replace UDC Table 21.5.7.B as it applies to the Project: Table II.A — Dimensional Requirements Minimum Lot Size Minimum, Yard Setback (ft) Misc. Lot Requirements Code Classification Area s£ Width ft. Depth ft. Front ft. Side ft. Rear ft. Max. Max. Ht. Cover GB General Business 10,000 100 100 20 0* 0* 120 ft. 90% * 20' setback where adjacent to a residential use and not separated by a minimum 20' wide street or drive. Commercial (GB) development shall comply with the following: a. Parking standards outlined for Area II in this PDD. b. Use standards outlined for Area II in this PDD. c. No variances may be permitted to exceed the maximum impervious cover limitations. d. Design requirements of UDC Article 14, Section 21.14.3 unless noted otherwise within this PDD. UDC Section 21.5.8 — Permitted Use Table Structures, land, or premises within Area II shall be used only in accordance with the GB uses permitted in UDC Section 21.5.8. Additionally, "commercial amusement, outdoor" uses shall be permitted (and required to comply with Table ILA as a GB use). Uses Schertz Station PDD Page 8 of 16 requiring a Specific Use Permit shall only be permitted with City Council approval through the Specific Use Permit process included in UDC Section 21.5.11. B. Design Standards (UDC Article 9) Lots (Section 21.9.3) Lots sizes and dimensions will conform to the minimum requirements recognized in "Table II.A — Dimensional Requirements" of this PDD. UDC Section 21.9.5 — Exterior Construction and Design Standards. E. Commercial Buildings. 3. Glazing. All buildings must comply with the 2018 International Building Code and the International Energy Conservation Code for glass and glazing. 4. Articulation and architectural features. a. Horizontal articulations or offsets are required on buildings that are equal to or less than 15,000 square feet on any wall greater in length than 30 linear feet, which is adjacent to or facing a public. Horizontal articulations or offsets are required for buildings that are greater than 15,000 square feet on any wall greater in length than 100 linear feet, which is adjacent to or facing a public street. (1) The depth of the articulation or offset shall be a minimum of two feet (T). Articulations or offsets can be of varying depth as long as the minimum two feet (2) is met. b. Vertical articulations or elevation changes are required on all walls facing a public street and should be designed to screen rooftop equipment. (1) The height of the articulation or elevation change shall be a minimum of two feet (2'). Articulations or elevation changes can be of varying height as long as the minimum two feet (2') is met. (2) The length of the new plane created by the articulation or elevation change shall be a minimum of 10% of the total length of the entire wall. 5. Roof Treatments. Fagade articulations shall provide for vertical and horizontal screening of air conditioning units and all mechanical equipment located on rooftops. Schertz Station PDD Page 9 of 16 Landscaping (Section 21.9.7) E. Landscape Installation Required. 2. A minimum often percent (10 %) shall be landscaped, which includes and shall be comprised of trees, shrubs, sod or other ground cover. H. Parking Area Landscaping. 2. Perimeter Landscaping. Screening of parking lots and vehicular use areas from abutting properties and rights -of -way shall not be required. C. Parking (UDC Article 10) Size of Parking Spaces (Section 21.10.3) C. Each standard off - street surface parking space shall measure not less than nine (9) feet by eighteen (18) feet (9'x18'), exclusive of access drives and aisles, and shall be of usable shape and condition. D. Wheel stops. Wheel stops shall not be required. Schedule of Off - Street Parking Requirements (Section 21.10.4) A. Off - street parking shall be provided in sufficient quantities to provide the following ratio of vehicle spaces for the uses specified in the districts designated: Table I1.13 — Schedule of Off - Street Parking Requirements Use Type Parking Requirement As required per use in the UDC, unless Commercial Uses reduced per the Mixed Use allowance in Section. C below. Schertz Station PDD Page 10 of 16 D. Transportation (UDC Article 14) Additional Design Requirements (UDC Section 21.14.3) C Landscape Buffer. A minimum fifteen foot (15') wide landscape buffer shall be provided adjacent to any public right-of-way. Trees shall • planted at an average density of one (1) tree per twenty linear feet (20') of street frontage. The landscape buffer shall require an irrigation system and shall be maintained by the property owner. TM-77MMIT"T �77FMFWT,1777777y- FT 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. G. Screening. No screening walls or fencing shall be required adjacent to public right -of- way. V. Area III Area III of the Project will comply with UDC standards unless stated otherwise below. The following UDC Sections are amended as set forth herein: A. Zoning Districts (UDC Article 5) UDC Section 21.5.7 -- Dimensional and Developmental Standards Unless excepted from herein, Area III shall comply with the City's "R-4" Multi-Family District standards. The following Table III.A shall replace UDC Table 21.5.7.A as it applies to the Project: Table 11LA — Dimensional Requirements Minimum Lot Size Minimum, Yard Setback (ft) Misc. Lot Requirements Code Classification Area sf. Width ft. Depth ft. Front ft. Side ft. Rear ft. Max. Max. Ht. Cover R-4 Apartment/Multi- 10,000 100 100 20 10 10 35 80% Multi-Family (R-4) development shall comply with the following: a. Maximum density shall not exceed 12 units per acre. b. Parking standards outlined for Area III in this PDD. c. Swimminc pools count toward the maximum impervious cover limitations, unless the swimminc pool is Schertz Station PDD Page 11 of 16 equipped with a water overflow device appropriate for such pool, and only if it drains into any pervious surface, in which case the water surface shall be excluded. d. No variances may be permitted to exceed the maximum impervious cover limitations. e. Design requirements of UDC Article 14, Section 21.14.3 unless noted otherwise within this PDD. UDC Section 21.5.8 — Permitted Use Table Structures, land, or premises within Area III shall be used only in accordance with the R -4 uses included in UDC Section 21.5.8. B. Design Standards (UDC Article 9) Lots (Section 21.9.3) Lots sizes and dimensions will conform to the minimum requirements recognized in "Table III.A — Dimensional Requirements" of this PDD. Landscaping (Section 21.9.7) E. Landscape Installation Required. 2. A minimum of twenty percent (20 %) of the combined Project area shall be landscaped, which includes and shall be comprised of trees, shrubs, sod or other ground cover. H. Parking Area Landscaping. 2. Perimeter Landscaping. Screening of parking lots and vehicular use areas from abutting properties and rights -of -way shall not be required. C. Parking (UDC Article 10) Size of Parking Spaces (Section 21.10.3) E. Each standard off - street surface parking space shall measure not less than nine (9) feet by eighteen (18) feet (9'x18'), exclusive of access drives and aisles, and shall be of usable shape and condition. F. Wheel stops. Wheel stops shall not be required. D. Schedule of Off - Street Parking Requirements (Section 21.10.4) B. Off - street parking shall be provided in sufficient quantities to provide the following Schertz Station PDD Page 12 of 16 ratio of vehicle spaces for multi-family use: Table 111.13 — Schedule of Off-Street Parking Requirements Use Type Parking Requirement Multi-Family 1.75 parking spaces per unit (minimum) E. Landscaping Additional Design Requirements (UDC Section 21.14.3) C. Landscape Buffer. A minimum fifteen foot (15') wide landscape buffer shall be provided adjacent to Cibolo Valley. Trees shall be planted at an average density of one (1) tree per twenty linear feet (20) of street frontage. The landscape buffer shall require an irrigation system and shall be maintained by the property owner. D. Off - Street Parking. Off street parking is permitted adjacent to the landscape buffer along the right-of-way. E. Building Setback Line. Only the portion of the lot adjacent to Cibolo Valley Drive shall be treated as a front yard setback; others will be side or rear. G. Screening. A six foot (6) tall fence shall be provided where the rear or side yard of any residential lot abuts a Principal or Secondary Arterial. The fence shall be constructed of metal or wrought iron and may include masonry columns. W-110F.1y"TWEIWA Area IV of the Project will comply with UDC standards unless stated otherwise below. The following UDC Sections are amended as set forth herein: A. Zoning Districts (UDC Article 5) UDC Section 21.5.7 -- Dimensional and Developmental Standards Unless excepted from herein, Area IV shall comply with the City's "GB" General Business District standards. The following Table IV shall replace UDC Table 21.5.7.13 as it applies to the Project: Schertz Station PDD Page 13 of 16 Table IV.A — Dimensional Requirements Minimum Lot Size Minimum, Yard Setback (ft) Misc. Lot Requirements Code Classification Area sf Width ft. Depth ft. Front ft. Side ft. Rear ft. Max. Max. Ht. Cover GB General Business 10,000 100 100 20 0 0 35 85% Development within the GB area shall comply with the following: a. UDC off street Parking space minimum requirements b. Use standards outlined for Area IV in this PDD. c. No variances may be permitted to exceed the maximum impervious cover limitations. d. Design requirements of UDC Article 14, Section 21.14.3 unless noted otherwise within this PDD. UDC Section 21.5.8 — Permitted Use Table Structures, land, or premises within Area IV shall be used only in accordance with the GB uses permitted in UDC Section 21.5.8. Uses requiring a Specific Use Permit shall only be permitted with City Council approval through the Specific Use Permit process included in UDC Section 21.5.11. B. Design Standards (UDC Article 9) Lots (Section 21.9.3) Lots sizes and dimensions will conform to the minimum requirements recognized in "Table IV.A — Dimensional Requirements" of this PDD. Landscaping (Section 21.9.7) E. Landscape Installation Required. 2. A minimum of fifteen percent (15 %) of the combined Project area shall be landscaped, which includes and shall be comprised of trees, shrubs, sod or other ground cover. H. Parking Area Landscaping. 2. Perimeter Landscaping. Screening of parking lots and vehicular use areas from abutting properties and rights- of-way shall not be required. Schertz Station PDD Page 14 of 16 C. Parking (UDC Article 10) Size of Parking Spaces (Section 21.10.3) G. Each standard off-street surface parking space shall measure not less than nine feet (9') by eighteen (18) feet (9'x18'), exclusive of access drives and aisles, and shall be of usable shape and condition. H. Wheel stops. Wheel stops shall not be required. D. Transportation (UDC Article 14) Additional Design Requirements (UDC Section 21.14.3) C. Landscape Bqff�r. A minimum fifteen foot (15') wide landscape buffer shall be provided adjacent to any public right-of-way. Trees shall be planted at an average density of one (1) tree ,ter twent;j I inear feet- QQ'�, of street fro x eyt for yublic schools. The landsca- ye buffer shall require an irrigation system and shall be maintained by the property owner. D. off- Street I I .f-Street Parking. Off street parking is permitted adjacent to the landscape buffer along the right-of-way. G. Screening. No screening walls or fencing shall be required adjacent to public right-of- way. VII. Public Street The extension of Ripps Kruesler through the Project is anticipated to be located in the general area shown on the PDD Plan. This location is not definite and may shift pending further study of the Property and the proposed development. Schertz Station PDD Page 15 of 16 VIII. PDD Adjustments Adjustments to Planned Development District (PDD) Plan (UDC Section 21.5.10) Per UDC Section 21.5.10, the City Manager or his/her designee may permit an applicant to make minor amendments to the PDD Plan without the necessity of amending the ordinance that established the PDD. As the Project design and engineering is refined, it may be necessary to alter the boundaries between the Areas or the location of public improvements. The list of minor amendments included in Section 21.5.10 is further defined to allow Area boundaries to shift in location up to fifty feet (75') from what is shown on the PDD Plan. Schertz Station PDD Page 16 of 16 FBI C IV 0 1 K SUMMARY TABLE NAME ACREAGE (AC.) FUTURE USE AREA 18.6 COMMERCIAL/ RETAIL AREA 19.2 COMMERCIAL/ RETAIL AREA 33.5 MULTI-FAMILY AREA 3.3 COMMERCIAL/ RETAIL 3 El GRAPHIC SCALE IN FEET 0 100 200 400 NOTES 1. ACCORDING TO FLOOD INSURANCE RATE MAP PANEL 48187CO210F, DATED 11/2/2007, A PORTION OF THE SITE IS LOCATE IN ZONE A AND IS LOCATED IN THE 1 00-YR FLOODPLAIN. THE REMAINING SITE IS LOCATED IN ZONE X AND IS NOT WITHIN THE 100-YR FLOODPLAIN. 2. THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT THE TIME OF THE FINAL PLAT. I SITE DATA TABLE LEGEND N PROPERTY BOUNDARY ------- EXISTING EDGE OF ASPHALT 0FiE EXISTING OVERHEAD ELECTRIC I ss EXISTING SANITARY LINE ,l EXISTING WATER LINE GAS EXISTING GAS LINE 1� BENCHMARK NOTES 1. ACCORDING TO FLOOD INSURANCE RATE MAP PANEL 48187CO210F, DATED 11/2/2007, A PORTION OF THE SITE IS LOCATE IN ZONE A AND IS LOCATED IN THE 1 00-YR FLOODPLAIN. THE REMAINING SITE IS LOCATED IN ZONE X AND IS NOT WITHIN THE 100-YR FLOODPLAIN. 2. THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT THE TIME OF THE FINAL PLAT. I SITE DATA TABLE GENERAL SITE DATA N 74.579 ACRES, J.F. WALKER SURVEY NO. 113, LEGAL DESCRIPTION ABSTRACT NO. 244, CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS 00 GENERAL BUSINESS (GB) & MANUFACTURING CURRENT ZONING (LIGHT) (M-1) REQUESTED ZONING PLANNED DEVELOPMENT DISTRICT (74.579 AC.) PROPOSED LAND USE COMM ERCIAURETAIL AND MULTI-FAMILY SITE ACREAGE 74.5790 ui NEC OF IH-35 & CIBOLO VALLEY DR., CITY OF ADDRESS SCHERTZ, TX KIMLEY—HORN 10101 REUNION PLACE, STE 400 SAN ANTONIO, TEXAS 78216 PHONE. 210-541-9166 CONTACT. • JOHN GREGORY MOSIER, R.P.L.S SAN ANTONIO ONE, LTD PARTNERSHIP 277 N LOOP 1604 E, STE. 150 SAN ANTONIO, TX, 78232 PHONE. 313-961-6451 CONTACT. • CHARLES FORBES a LLJ cn z 0 V) LLJ 0 z Lm N co co N 0 '*_ " m Z F m 0 . O)o CD z C? 00 w — �_ !CE <0 0 < Lo �— Lo 6 FL < OZ uj < CIVIL ENGINEER , W Z x N 0 < < ui r . ) z " ') N � CD < 0 Z M V) < � W 0t 10101 REUNION PLACE, STE 400 x Z) 0 >- u c� uj 0 0 _J� .. w W _j 0 Z < Qo 0 0 E C, _j = N3:CL3: am= @Z 3: • v II 11111:01:1119UMIN EMBREY 1020 NE LOOP 410, STE 700 SAN ANTONIO, TEXAS 78209 PHONE. 210-824-6044 CONTACT. • OMAR RIVERA 60' R.O.W. 30' 30' 12' PKWY 18' PVM'T. 18' PVM'T. 12' PKWY 5' MIN 5' MIN L_ __j I — ]� - PROPOSED 60' ROW N.T.S. I EMBREY: NEC IH-35 & CIBOLO VALLEY DR. I Z N 00 0 0 < < < CIVIL ENGINEER Li N 0 = cn ui KIMLEY-HORN N � CD bi (N I— '--, < V) < M m 10101 REUNION PLACE, STE 400 c� 0 m SAN ANTONIO, TEXAS 78216 < Qo W z z PHONE. 210-541-9166 = 0 -1 0 3 < CONTACT AARON PARENICA, P.E. y u < ll� cn � � 0 11111:01:1119UMIN EMBREY 1020 NE LOOP 410, STE 700 SAN ANTONIO, TEXAS 78209 PHONE. 210-824-6044 CONTACT. • OMAR RIVERA 60' R.O.W. 30' 30' 12' PKWY 18' PVM'T. 18' PVM'T. 12' PKWY 5' MIN 5' MIN L_ __j I — ]� - PROPOSED 60' ROW N.T.S. I EMBREY: NEC IH-35 & CIBOLO VALLEY DR. I Z 0 0 U) H w n ry ui N Qm Uo i- ry 0� W n ui U) x ui N F_ olf uj r U) II pP 1 Y EF ll."t commuNrry SERVICE SCHIERurz i,,' OPPORTUNITY I M. I DF,VF,LOPMENT #1 I am: in favor of El p pl�ed t�o/,� neutral to El the request for PLPDD2022002il, COMMENTS: - ♦ 00 0 51� �0 —te — / & M�M-0,h �nncq6S�ck�q hwA %LA,� 1400 Schertz ertz, 0.619.1000 1400 Schertz Parkway Schertz, Texas 78154 210.619.1000 Agenda No. 8. CITY COUNCIL MEMORANDUM City Council December 1.3, 2022 Meeting: Department: Executive Team Subject: Resolution No. 22 -R -132 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas creating the Schertz Senior Citizen Emergency Expense Support Program. (S. Williams /B. James) . Z1 Staff is proposing the creation of the Schertz Senior Citizen Emergency Expense Support Program to assist residents of the City who senior citizens and through no fault of their own find themselves in need of assistance. Staff often directs these residents to non - profits, community organizations or other government entities for assistance. At times there is no other group that is able to provide assistance. Currently, the City supports some assistance programs through financial support - the Guadalupe County Medical Prescription Assistance Program. The City also provides staff support - Love Where You Live. Finally, the City provides some direct services - the Senior Center Meal Program. The Weatherization Assistance Program provided by the Alamo Area Council of Governments was helpful to review for staff in developing this proposal. Staff is proposing to pilot this program using $10,000 from the Contingency fund. Staff commits to briefing Council on the program at the Summer budget retreat in order to extend the program beyond this fiscal year. To be eligible the applicant has to be a resident of Schertz, the funding would have to be for a property they own that is their primary residence. The Priority is given to residents needing assistance due to some interaction with the City where the resident was not at fault and the City was not necessarily liable. GOAL Establish a program to support senior citizens who find themselves in need due to an unexpected unusual situation that could be relatively easily remedied by a small intervention from the City. This program is intended to supplement the efforts of local nonprofit and civic organizations who provide services and assistance and support. COMMUNITY BENEFIT Allows a resolution to a problem that would otherwise create suffering and hardship for elderly residents and would also often consume a significant amount of city staff time, energy and resources to deal with the issue but not resolve it. SUMMARY OF RECOMMENDED ACTION Approval of Resolution 22 -R -132 creating the Schertz Senior Citizen Emergency Expense Support Program. FISCAL IMPACT As noted above staff is going to operate this as a test program and will discuss with Council in the future if the program is proposed to extend beyond this fiscal year and use more than $1.0,000 for the initial test phase that will be funded from Contingency. RECOMMENDATION Approval of Resolution 22 -R -132. Attachments REs 22 R 132 RESOLUTION NO. 22-R-132 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CREATING THE SCHERTZ SENIOR CITIZEN EMERGENCY SUPPORT PROGRAM, AND RELATED MATTERS IN CONNECTION THEREWITH WHEREAS, the aging of the U.S. population has been a key concern for city planners and policymakers for decades with the aging of the Baby Boom generation (those born between 1946 and 1964) changing the age profile for the entire country; and WHEREAS, the City of Schertz created the Schertz Area Senior Center in 2010 and contacts for its operation; and WHEREAS, the City of Schertz, through the Schertz Area Senior Center provides meals to area Senior Citizens, the meals being funded by the City of Schertz and a Grant from the Alamo Area Council of Governments, and WHEREAS, Neighborhood Services staff with the City of Schertz frequently receives calls from residents in need of assistance for minor home repairs including winterization, brush clean- up, tree trimming, electrical and plumbing repairs; and WHEREAS, Neighborhood Services staff tries to find non - profits, community services organizations and other government entities to provide financial assistance or do work on the property or structure, but are not always successful; and WHEREAS, The City of Schertz desires to increase the public health, safety, and welfare of the persons in the municipality; and WHEREAS, The City of Schertz City Council finds that keeping a home in good working order or bringing one back from a state of disrepair promotes both sustainability; and WHEREAS, The City of Schertz City Council seeks to help Schertz seniors maintain the highest quality of life possible by providing assistance and other resources that support and promote financial and social well- being; and WHEREAS, The City of Schertz City Council finds that the goal Schertz Senior Citizen. Emergency Support Program is to ease life, health, and /or safety hazards resulting from conditions on a residential property owned and occupied by residents over the age of 65; and WHEREAS, The City of Schertz City Council fords that establishment of the Schertz Senior Citizen Emergency Support Program would promote the creation retention of quality of life of residents in Schertz; and WHEREAS, The program promotes the public purpose of health, safety and welfare. NOW THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby establishes the Schertz Senior Citizen Emergency Support Program. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 13th day of December, 2022. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Sheila Edmondson, Interim City Secretary (CITY SEAL) Agenda No. 9. CITY COUNCIL MEMORANDUM City Council December 13, 2022 Meeting: Department: Parks, Recreation & Community Servic Subject: Resolution 22 -R -137 - Consideration and/or action by the City Council of the City of Schertz, Texas authorizing the land acquisition of a 10.5 -acre property on Dry Comal Creek generally at FM 482 and Bunker Street, and specifying funding sources, and other matters in connection therewith. (B. James /L. Shrum) BACKGROUND City staff has actively been working toward trail development in the city based on citizen input in the 2016 and 2018 Citizen Satisfaction Surveys and the 2014 Parks Master Plan listing hike and bike trails as a priority. City staff has been communicating the trail plans for the different trail systems over the last two years and those systems are: the Great Northern Trail, the Cibolo Creek Trail, the Dry Comal Creek Trail, the Woman Hollering Creek Trail, and the Dietz Creek Trail (east and west.) City staff has also engaged with a non - profit organization - the Great Springs Project - whose mission is to create a trail network from the Alamo to the Capital (San. Antonio to Austin) and conserving land along the Edwards Aquifer Recharge zone along the way. The Great Springs Project approached the city about a 10.5 -acre property along the Dry Comal. Creek Trail in the historic Comal Settlement area, that they are under contract to acquire and hold (like a land trust) until an operator can be determined. The city's Trails Master Plan (in the Master Thoroughfare Plan) overlaps the Great Springs Trail Plan and so our interests are overlapping in this area.City staff is recommending acquisition of this property for the purchase price of $375,000. City Council previously passed Resolution 22 -R -78 indicating the intent to acquire the property once some due diligence was completed. The appraisal of the property shows the value to be $390,000 but the Great Springs Project has agreed to sell the property to the city at the same price they are purchasing it at. The Environmental Site Assessment of the property has also been completed, and no adverse conditions were found on the site. City staff has also asked the Great Springs Project to hold the property through June 1, 2023, so that city staff can apply for a Recreational Trails Grant and use the funds designated for property accusation as a match for the grant program to fund future trail construction. GOAL Approve Resolution 22 -R -137 indicating the intent of the City to purchase of a 10.5 -acre tract on Dry Comal Creek generally at FM 482 and Bunker Street. The property is a strategic trailhead location for the City of Schertz' Dry Comal Creek Trail and the regional Great Springs Trail. The Great Springs Project is under contract to purchase the property and will hold the property through June 1, 2023 so that city staff can apply for a Recreational Trails Grant from Texas Parks & Wildlife, but can use the funds expended for the property acquisition as a grant match for the development of the park. Pre -award costs are not reimbursed as part of this grant, so the city is waiting to hold title to the property to leverage our available funds to the greatest extent possible. Funds will be earmarked for this purchase, but closing on the property will not take place until 2023. City staff will continue to work with the Great Springs Project to develop the Park Master Plan and a Maintenance & Operations Plan. C001I 1►I 1001111 i1`/ 0 910H 91 a I Y The property will be a future trailhead to the City of Schertz' Dry Comal Creek Trail and the regional Great Springs Trail. There is the possibility of a future trail connection to the Great Northern Trail along Schwab Road, either on- street, or off - street through an adjacent drainage corridor. The property is unique as well because of its location in the historic Comal Settlement area and its location on the El Camino Real de los Tejas National Historic Trail. Immediately adjacent to the property is a state designated historic cemetery and across the street is the historic St. Joseph's Chapel, both of which are also designated as a Schertz Historic Site by the Schertz Historical Preservation Committee. Also, across the street is the historic Comal Blacksmith & Mechanical Shop and the additional historic General Store building. The park property will not only serve as a trailhead for a regional trail system, but will include interpretive signage regarding the history of the area, and potentially serve as a catalyst for development of the area into a cultural heritage and nature tourism destination. The loop trail within the 10.5 -acre park property will also provide a natural experience similar to what we have in southern Schertz at Crescent Bend Nature Park. UV V.11 tIVAL91 a t 4 XV-130 1UV I WFITWIT.TSTRIM Approve Resolution 22 -R -137 to acquire a 10.5 -acre property on Dry Comal Creek generally at FM 482 and Bunker Street for a public park and trailhead. FISCAL IMPACT $375,000 is the purchase price of the property. The appraisal showed the land valued at $390,000 but The Great Springs Project has agreed to sell the property at the price they are under contract at, which is $375,000. Additional costs included the Phase I Environmental Site Assessment at $5,000 and the appraisal costs of $1,624 for a total of $381,624.00. The purchase would be funded through the Park Fund and one -time CIP Park & Trail. Funds from FY21 -22. Originally, a loan from the General Fund Reserves was discussed, (which would be paid back over time from revenues from the Park Fund,) because some of the funds in the Park Fund were earmarked as a cash match for a future grant application. It was decided that we would use the Park Fund monies first since this acquisition would occur before the grant and ask for a loan against projected future Park Fund revenues for the grant match instead. A budget amendment will be needed to utilize the Park Fund monies and staff will bring the amendment back to council when we are ready to close on the property in the spring. Funding Sources Breakdown: $150,000.00 - CIP Funds (One -time investment Parks & Trails Infrastructure FY21 -22) $231,624.00 - Park Fund $381,624.00 - TOTAL RECOMMENDATION Approve Resolution 22 -R -1.37 to acquire a 10.5 -acre property on Dry Comal Creek generally at FM 482 and Bunker Street for a public park and trailhead. Attachments Approved Resolution 22 -R -78 Dry Comal Creek Conceptual Plan Survey Appraisal Phase I ESA Resolution 22 R 137 Section 1. The City Council hereby indicates the intent to acquire a 10.5-acre Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and th�; [�rovisions of this Resolution shall be and remain controlling as to the matters resolved herein. W""OT, IN Section 5. If any provision ♦ this Resolution or the application thereof to any perscm or circumstance shall be held to be invalid, the remainder of this Resolution and the applicatiom of such provision to other persons and circumstances shall nevertheless be valid, and the OR Council hereby declares that this Resolution would have been enacted without such invali rtrovision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 5 5 1, Texas Governinent Code, as amended. �-ection 7. This Resolution shall be in force and effect from and after its final retary MM Guru *, irez, Mayor COPYRIGHT © 2022 ALLIANCE LAND SURVEYORS LLC. All rights reserved. Improvements shown on this survey may not portray exact shape and size and are for general illustration purposes. PF F, APPRAISAL & ANALYSIS PREPARED FORS Garry Merritt Great Springs Project PO Box 12331 Austin, TX 78711 oLm*r STOUFFER, mm.sRx August 2J,20Z2 munogm«nmuner BLAKE T. STOUFFER, Mm,mEB Vice pus/dent Farm & Ranch, Garry Merritt egaenria| Great Springs Project CHRIS rJONES, MoI,mmEB PO Box 12331 v/cepres/uent commeo/a| Austin, TX 78711 KRISTIN m.PAvmE,CPA v/cenouuen� Finance Re: Appraisal of 10.538 acres of land located at 1109 Bunker St southwest of New ROBERT u HICKS, wm/ Manammmo/re0or Boerne Braunfels inComai County, Texas 78132 (File B-22-0253; 1109Bunke/-Comma|22) pu.00Oums'wm/ manaomao/recto, - Ausmn Mr. Merritt: «nTuwnm.mxumAS,mm| manoo/nouirectu, - onustun As per your request, we have completed the market research and analyses necessary IAN M. GmemR.wm to furnish you with our opinion as to the current "as is" fee simple market value of the manacmmo/rec%tor-uaoas/rtvxo�o � subject property as of August 11, 2022. The market value concluded herein is subject to the various Assumptions and Limiting Conditions described in the accompanying cha,|usw,rex»s'Mm Gary R�mx/er'Mm report. John Andrew Watson performed a visual observation of the subject property. Ama|Teour|numz'Mm *a»e*nrnsbw The definition of market value as defined herein is based on the Office of Comptroller Andrew Watson of Currency's Manual for National Banks, Subpart C, Section 3442, as revised by Title XI noue�lm , vvestm of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (RRREA), Jo»nc,remnck � � effective August 24, 1990. This report isanAppraisal Report which was prepared in patricervlowrev accordance with the Standards Rule Z'Z(a) of the Uniform Standards of Professional Patrick Harvey czmemnJ �cxrr Appraisal Practice (USPAP), with OCC Regulations 12 CFR Part 34, FDIC Regulation Part oeanmoemus 323 and Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of rylmrs/vmns 1989. Laura s�Hobbs The client this report is Great Springs Project The intended users are Great Springs SAN ANTONIO Project and the City of Schertz. The intended use of this appraisal is for internal S)`-i Busby DrIve purposes related to the pending purchase of the subject property. San Ant Gnio, -1 X 7820c� 210. 828- 3743 The subject property is a 10.538 acre tract of land located at the northwest corner of FM4D2 and Bunker St southwest of New Braunfels inConoa| County, Texas. There are aoEmmE AUSTIN nu improvements located on the subiectproperty. ^ ooumrom cmLLA$Fr.Womx Mr. Merritt (Page 2) As a result of the inspection of the subject property and based upon the market data information and analyses concluded herein, the following table summarizes the market value conclusion. laluat on Scenario iteres We Current "As is" Fee Simple August 11, 2022 This market value opinion roes not include equipment, personal property, rolling stock, business value, eta,. and only reflects real estate to include land and significant permanent structures. The marketing period is estimated to be one year or less from the effective date. The exposure time prior to the effective date is also estimated to be one year. If you should have any questions after reviewing this appraisal, please feel free to contact either of the undersigned directly. 1 Stouffer 3 TABLE OF CONTENTS ................................................................................................... ..............................4 CERTIFICATION........................................................................................................... ..............................5 EXECUTIVE SUMMARY ................................................................................................ ..............................6 LOCATIONMAP ........................................................................................................... ..............................7 GENERAL ASSUMPTIONS AND LIMITING CONDITIONS ............................................... ..............................8 EXTRAORDINARY ASSUMPTION(S) ............................................................................ .............................11 HYPOTHETICAL CONDITION( S) ................................................................................... .............................11 CLIENT, INTENDED USER & INTENDED USE OF APPRAISAL ........................................ .............................11 DATE OF VALUE & PROPERTY INSPECTION ................................................................ .............................11 PROPERTY RIGHTS APPRAISED ................................................................................... .............................11 DEFINITIONS.............................................................................................................. .............................12 SCOPEOF WORK ........................................................................................................ .............................13 IDENTIFICATION OF THE SUBJECT PROPERTY ............................................................ .............................14 LEGALDESCRIPTION .................................................................................................. .............................14 OWNERSHIP AND SALES HISTORY OF THE SUBJECT PROPERTY ................................. .............................14 AREA /NEIGHBORHOOD ANALYSIS ............................................................................. .............................15 SITEDESCRIPTION ...................................................................................................... .............................16 ZONINGANALYSIS ...................................................................................................... .............................21 TAXSTRUCTURE ......................................................................................................... .............................21 IMPROVEMENT DESCRIPTION /ANALYSIS .................................................................. .............................21 HIGHEST AND BEST USE ANALYSIS ............................................................................. .............................23 STRENGTHS & WEAKNESSES ...................................................................................... .............................24 THE APPRAISAL PROCESS ......................................................................................... ............................... 25 SALES COMPARISON APPROACH ............................................................................. ............................... 27 RECONCILIATION....................................................................................................... .............................38 ESTIMATE OF EXPOSURE TIME ................................................................................... .............................39 F-11 0o 0 1 It &. r' 4 r low The undersigned does hereby certify that, to the best of my knowledge and belief: • The statements of fact contained in this report are true and correct. • The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. • We have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. • We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. • We have performed no services, as an appraiser or in any other capacity, regarding the subject property that is the subject of this report within the three -year period immediately preceding the agreement to perform this assignment. • Neither our engagement to make this appraisal (or any future appraisals for this client), nor any compensation therefore, are contingent upon reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event • Our compensation for completing this assignment is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of the appraisal. • The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice. • The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. • John Andrew Watson conducted a physical inspection of the subject property and wrote the appraisal report. Robert V. Hicks, MAI assisted with the analysis of the subject property. • No one provided significant real property appraisal assistance to the person signing this certification. • As of the date of this report, Robert V. Hicks, MAI has completed the requirements of the continuing education of the Appraisal Institute. ,.ATM n Andrew Watson Robert V. Hicks, MAI Senior Associate Appraiser Managing Director— Boerne State Certified, TX 1380429 -G State Certified, TX 1320363 -G 1 Stouffer 5 Date of Report: August 22, 2022 Property Rights Appraised: Fee Simple Appraisal Premise: "As Is" Site Size: 10.538 acres per survey Client /Intended User: Great Springs Project /Great Springs Project and the City of Schertz Intended Use: Internal purposes related to the pending purchase of the subject property Environmental Factors: There are no known waste hazards or environmental concerns affecting the subject site as of the date of this appraisal. Extraordinary Assumptions: None made herein Hypothetical Conditions: None made herein Market Value pinion: $390,000 Exposure /Marketing Period: 1 year / 1 year Stouffer 6 W, il WIN �► This report is an Appraisal Report which was prepared in accordance with the Standards Rule 2- 2(a) of the Uniform Standards of Professional Appraisal Practice (USPAP), with OCC Regulations 12 CFR Part 34, FDIC Regulation Part 323 and Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. As per the specific scope of this assignment as agreed upon between the client and the subject appraiser's, this Appraisal Report has utilized a summary reporting format. This appraisal assignment is contingent upon the various assumptions and limiting conditions described within this report. This appraisal is based upon and is subject to the following assumptions and limiting conditions: • The legal description based on the county records is assumed to be correct for purposes of this analysis. • The appraisers have not made a survey of the property and no responsibility is assumed in connection with such matters. Maps utilized in this report are not exact and are included only to assist the reader in visualizing the property. • The land area of the subject property has been based upon the subject County Appraisal District information and /or from a survey shown at the time of the property inspection. • No responsibility is assumed for matters of a legal nature affecting title of the property, nor is an opinion of title rendered. The title is assumed to be good and marketable. • Information furnished by others is assumed to be true, correct, and reliable. A reasonable effort has been made to verify such information; however, no responsibility for its accuracy is assumed by the appraisers. • All mortgages, liens, encumbrances, leases and servitude have been disregarded unless so specified within this report. The property is appraised as though under responsible ownership and competent management. • This appraisal further assumes that there are no hidden or unapparent conditions of the property or subsoil that would render them more or less valuable. No responsibility is assumed for such conditions or for engineering that may be required to discover such factors. Additionally, the appraisers were not provided with environmental studies relating to the subject property. • Full compliance with all applicable federal, state, and local environmental regulations and laws is assumed unless noncompliance is stated, defined and considered in the appraisal report. IL Stouffer 8 • Full compliance with all applicable zoning and use regulations and restrictions is assumed unless nonconformity has been stated, defined and considered in the appraisal report. • This appraisal assumes that all required licenses, consents or other legislative or administrative authority from any local, state or national governmental, or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. • The valuation opinion applies only to the property specifically identified and described in this report. • The use of the term "inspection" within the attached report only refers to the act of visiting and /or viewing the property or properties being appraised or a property or properties used as comparables. We are not licensed real estate inspectors in the State of Texas and are not qualified to render opinions required of those who are licensed real estate inspectors. • It is assumed that all information known to the client and relative to the valuation has been accurately furnished and that there are no undisclosed leases, agreements, liens, or other encumbrances affecting title or use of the property. • By reason of the purpose of this valuation and function of the report herein set forth, the value reported is only applicable to the property rights appraised and the appraisal report should not be used for any other purpose. • No environmental site assessments have been provided to the appraisers. The appraisers recommend that a qualified environmental engineer assess the sites for potential hazardous waste materials. The appraisers assume no liability for any hazardous waste material found on the sites. Should any be found, substantial impact on the appraised value may be noted. The appraisers reserve the right to evaluate the impact of any environmental studies made on the properties. • The appraisers have not performed soil or drainage tests. Nor have the appraisers been provided with soil or drainage test results. Therefore, this appraisal assumes that there are no subsoil or drainage conditions that would adversely affect the subject properties or their final valuations. • This appraisal report is based on the condition of local and national economies, the purchasing power of money, and finance rates prevailing at the effective date of value. Stouffer 9 • Possession of this report, or a copy thereof, does not carry with it the right of publication, nor may it be used for any other purposes by anyone but the applicant without the previous written consent of the appraisers. • The appraisers, by reason of this report, are not required to give testimony or attendance in court, or any other hearing with reference to the property in question, unless arrangements therefore have been previously made. • The appraiser(s) is not a professional building or environmental inspector and the appraisal should not be relied upon to disclose conditions of the property. The appraisal inspection is for market valuation purposes only. The appraisal does not guarantee or imply that the property is free of defects or environmental problems. The appraiser(s) looks at visible and accessible areas only. Defects, including mold, may be present in areas the appraiser cannot see. A professional building inspection by a licensed inspector is recommended to determine the condition of all improvements to include, structures and their components, water wells, septic systems, and all other improvements above and below the ground. The appraiser(s) is not professionally qualified to perform these types of inspections and do not have the appropriate license. All improvements are assumed to be in average and normal working condition and meet industry and governing codes with appropriate permits unless informed otherwise. • If the subject property has any flood plain issues, the appraiser(s) recommend a detailed survey be performed to determine the exact flood plain boundaries and depths in relationship to any improvements. • The client of this appraisal is the individual(s) that the appraisal report is addressed to and no one other than the client and intended user is allowed to use this appraisal and /or appraisal report for any uses. • The appraiser(s) are not licensed to provide insurable replacement cost /value estimates for insurance purposes and any estimates (if provided within this report at the request of the client) represent the appraiser's estimate only and have been based on reputable cost handbooks and other sources. We recommend that the client, intended user(s), and any other reader or user of this report at any time relative to the effective date of value noted herein obtain additional information and support from a licensed insurance agent or related professional of the property insurance industry regarding the insurable replacement cost /value of any structures located on the subject site. Stouffer 10 An assignment- specific assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser's opinions or conclusions. 1 None made herein The use of this extraordinary assumption, if found to be false, could alter the appraiser's opinions or conclusions. A condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis. Z None made herein The client of this appraisal report is solely and exclusively Great Springs Project. The intended users are solely and exclusively Great Springs Project and the City of Schertz, and there are no other intended users and no one else can use or rely on this appraisal and /or appraisal report for any uses. The intended use of this appraisal is solely and exclusively for the client and intended users for internal purposes related to the pending purchase of the subject property. a The effective date of the market value contained herein is August 11, 2022, which is the date of the property inspection. Pictures were taken on this date as well. The property rights appraised in this report are those constituting the unencumbered fee simple title interest in the subject property. This appraisal reflects a "surface estate" only valuation and does not include any analysis or valuation of any of the following interests /rights in the subject property unless mentioned otherwise; mineral, wind, water, solar, or timber. It is beyond the scope of this assignment to determine, if applicable, the market value of any of the aforementioned interests. Liens and encumbrances, if any, have been disregarded, and the property is assumed to be under competent management. This is an appraisal of the real estate only; no livestock, equipment or any other personal property is considered. No information has 2018 -2019 Uniform Standards of Professional Appraisal Practice (USPAP) 2018 -2019 Uniform Standards of Professional Appraisal Practice (USPAP) &Z, Stouffer M been provided regarding any long -term surface or subsurface leases impacting the subject property. For this report, Market Value, as described in the Office of the Comptroller of the Currency Manual for National Banks, Subpart C, Section 34.42, as revised by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), is defined as follows: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised, and each acting in what they consider their own best interest; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power and escheat.3 The estimate of the value of real property in its current physical condition, use, and zoning as of the appraisal date.4 The following opinions were developed for this analysis. Current "As Is" Yes "As if Completed" No "Retrospective" No "Insurable Value" No 3 The Dictionary of Real Estate Appraisal, Sixth Edition, Appraisal Institute, Chicago, Illinois, 2015 4 The Dictionary of Real Estate Appraisal, Sixth Edition, Appraisal Institute, Chicago, Illinois, 2015 Stouffer M The scope of work utilized in preparing this appraisal is included throughout this report in the various descriptions and analysis. The general outline includes the following. ► s The problem to be solved for this assignment includes determining the current "as is" fee simple market value of the subject property as of August 11, 2022. Information Requested but Not Provided ➢ None Extent of the Property Inspection John Andrew Watson conducted a physical inspection of the subject property and wrote the appraisal report. Robert V. Hicks, MAI assisted with the analysis of the subject property. The appraisers have completed numerous appraisals within the general market area as well as the immediate subject market area. The appraisers have extensive knowledge of the subject area. Numerous brokers, owners, and other market participants have been interviewed to gain addition perspective into the subject market and to confirm sales data, activity trends, etc. We have many other sales in the competing market area contained in our files that are not being utilized in this appraisal report, but that help derive adjustments and value for the subject. Extent of ,Analysis Applied In this case, the following approaches to value have been utilized: Sales Comparison Approach Yes Cost Approach No Income Approach No Sales Comparison Approach (Land Component) The utilization of the Sales Comparison Approach in the valuation of a land property similar to the subject property is considered appropriate for the intended use of this appraisal. Cost Approach (Structural Improvement Component) There are no improvements located on the subject property and the Cost Approach was not utilized. Income ,Approach The Income Approach was not utilized due to the income derived for acreage properties not being a factor for purchase. Capitalization rates are generally in a range from 1% or less which proves that the properties are not purchased for income. The omission of this approach has not resulted in a misleadine market value conclusion. 2� Stouffer 13 ? , The subject is a 10.538 acre tract of land located at 1109 Bunker St southwest of New Braunfels in Comal County, Texas. The subject property is legally described as Schuetz 2, Lot 12 in Comal County, Texas as shown on the survey contained herein and the tax sheets located in the addenda section of this appraisal. The following outline summarizes the subject's sale history. The appraisers have made an effort to verify all information and have relied upon reliable parties to the transaction for certain information. �rff #LS/ #filliilN?lit#i�f/ /J Current Owner: Randy Paul Ramirez Current Use: Vacant land Ownership Change in last 3 years: No Contract Price /Lease Information: See comments below Comments: The subject property has been under the current ownership for more than three years. The subject is currently under contract to GSP Land, LLC and /or assigns for $375,000. Our "as is" appraised value for the subject of $390,000 is 4.0% higher than the contract price and the subject property is being purchased for approximately its market value. Stouffer 14 The subject property is located in Comal County, Texas. Comal County and New Braunfels are conveniently located along the IH -35 corridor between San Antonio and Austin. New Braunfels has long been known for its recreation and tourism as it was founded in 1845 by German settlers. Attractions include Wurstfest in October and November each year which is a German celebration that attracts many people, Guadalupe River rafting, Schlitterbahn Water Park, the historical community of Gruene, panda Park along the Comal River, and other antique and craft shops that show the German heritage for this area. Comal County had a 2010 population of 108,472 up 39% from 2000. In summary, Coma) County is located between two of the fastest growing areas in Texas and the nation. Growth should continue in the future with Comal County and New Braunfels benefitting from the growth and its location. Comal County serves as a bedroom community for San Antonio with many residents commuting into San Antonio to work. The county should do well in the future with its proximity to San Antonio as people are moving outward from San Antonio into the Texas Hill Country and rolling south Texas plains to enjoy a less dense living atmosphere. The agricultural basis was once the major driving force for the county but growth and escalating land prices driven by recreational users has changed the county into an outward suburban area of San Antonio and an investment opportunity for absentee owners. mt� Stouffer 15 General ntorrnotion Property Type: Vacant land Address: 1109 Bunker St, New Braunfels, TX 78132 Location: Located at the northwest corner of FM 482 and Bunker St southwest of New Braunfels in Comal County, Texas Physical Characteristics Site Area: 10.538 acres per survey Shape /Configuration: Irregular Access /Frontage: Bunker St, FM 482 Topography /Elevations: Basically level Utilities /Water Wells: Electricity and telephone only; water would be provided by private water well and sewer by private septic Water Features: Traversed by Dry Comal Creek Flood Information FEMA Map Panel #: 48091CO44OF Map Date: September 2, 2009 Flood Zone: According to the included flood hazards map, approximately one - fourth of the subject tract appears to be located within the 100 -year flood plain and the remaining three - fourths of the subject are located within the floodway. Although this is offset to some degree by the Dry Comal Creek frontage, the flood hazard area does have a detrimental impact on the subject property and limits the utility of the site. A detailed flood study is recommended in order to make an exact determination. ii � a, Soil Conditions: We did not receive or review a soil report. However, we assume that the soils load bearing capacity is sufficient to support any contemplated structures. We observed no evidence to the contrary during the physical Stouffer 16 inspection of the property. Drainage appears to be adequate. Land Use Restrictions: We were not given a title report or other information that would indicate any land use restrictions impacting the subject property. The appraiser(s) assume there are no restrictions in place and recommend that the current or future user of this report obtain additional information regarding the same. Toxic Waste: No waste hazards affecting the subject site are known. Identification of hazardous material is not within the scope of this appraisal assignment and we have assumed that no such materials are present. We have not made a thorough inspection nor are we qualified to determine whether such hazardous materials exist on the subject sites. Easements /Encumbrances: To the knowledge of the appraisers, there are no known easements or encumbrances that would adversely affect the subject site. W Location: Good Access: Good Visibility: Good Site Improvements: Average Topography: Good Overall Market Appeal: Good Anal sls Comments The subject property is located along Bunker St southwest of New Braunfels. This area contains a mixture of rural residential and larger acreage properties, with scattered commercial development along the various larger roadways in the immediate area between New Braunfels and the outskirts of San Antonio and its suburbs. The subject is located across FM 482 from the Schertz city limits. Please refer to the following pages for several exhibits illustrating the subject property. Stouffer 17 2! Stouffer 28 12! Stouffer 29 2! Stouffer 20 Mad 1`11 W AW The subject is located in an unincorporated area of Comal County and is not zoned. Restrictions related to environmental conditions and endangered species could affect the utility of the property in the future, but there are no known environmental or endangered species issues associated with the subject property at this time. There area also no known deed restrictions associated with the property that have a negative impact. Any development of the subject property would have to comply with applicable Comal County development regulations. 1195121 1, 0101 I�. Please see below for a summary of the subject's tax information. Comal County 0.3140000 Coma[ County Lateral Roads 0.0395150' Comal Co ESD No. 6 0.0954920 TOTAL - W, -, V urce: C rnai County Appraisal 1.7410070 so 0 so 0 There are no improvements located on the subject property. Please refer to the following page for photographs of the subject property. t r FM 482 frontage Interior of subject Interior of subject Bunker St frontage Interior of subject Interior of subject w According to the Dictionary of Real Estate Appraisal, a publication of the Appraisal Institute, highest and best use may be defined as "The reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity." Highest and Best Use "As if Vacant" Legally Permissible Uses Legally permissible uses of the subject site are limited to those uses which are legally permissible. The subject is located in an unincorporated area of Comal County and is not zoned. Therefore, virtually any use is allowable. The highest and best use of the subject site, as if vacant, is limited to those uses that are physically possible. The subject site has a total land area of 10.538 acres based on the provided survey. The subject site has an irregular configuration, has good public road access, has electricity and telephone only available, and has a level topography. Lastly, based on the maps utilized herein, the subject appears to be located completely within the 100 -year flood plain. However, many uses are considered to be physically possible. Financially Feasible Uses After considering the legally permissible and physically possible uses of the subject site, the most feasible use of the subject property is considered to be that type of usage that would complement the surrounding uses within the subject's competitive market area. The subject is located in an area of Comal County with a mixture of rural residential and larger acreage properties, with some commercial development along the larger road frontage in the area. The subject site is considered to be desirable for limited commercial development along the FM 482 frontage, which is located within the 100 -year flood plain but out of the floodway area. This is considered to be financially feasible and is a use that would complement the surround land uses. Maximally Productive Uses Maximally productive uses for the subject site are those uses which yield the highest return to the site. The most productive use for the subject site is likely for limited commercial development along the FM 482 frontage as demand warrants. uZ Stouffer 23 Highest and Best Use "As if Vacant" — Conclusion The highest and best use of the subject property "as if vacant" is for limited commercial development as demand warrants. This use is considered to be legally permissible, physically possible, financially feasible, and maximally productive. The most probable buyer for the subject property would be an owner user. Highest and Best Use "As Improved" — Conclusion In determining the highest and best use "as is," the focus is on three possibilities for the property; 1) Continuation of the existing use 2) Modification of the existing use 3) Demolition and redevelopment of the land The subject property does not contain any improvements and a separate "as improved" highest and best use conclusion was not developed. „ As a supplement to the highest and best use analysis, the strengths and weaknesses analysis summarizes the overall positive and negative features of the subject property based on standards recognized in the subject's market area. Please see the summary list of strengths and weaknesses. • Desirable land size for many uses • Good visibility and access along Bunker St and FM 482 • Good location • Creek frontage • Significant flood hazard area Summary Overall, the subject property is considered to be a desirable commercial development tract which has many strengths that outweigh the noted weaknesses. I Stouffer 24 in order to arrive at an opinion of Market Value for a given property, special attention must be given the typical purchaser who would be interested in that particular type of property. Market Value is the most probable sales price which a property will bring. This price depends upon the typical purchaser's reaction to the various supply and demand factors which affect the property being appraised. Of particular importance are the surrounding properties which are in competition with the subject. All of this information must be derived from the market. Considering the above framework, the appraisal process is basically an economic analysis. It consists of an orderly program by which the problem is defined, and data is acquired, classified, analyzed, and interpreted into an estimate of value. The three generally accepted approaches utilized are the Cost Approach, the Sales Comparison Approach and the Income Approach. Regardless of the approach being utilized, the data under consideration is obtained from the market place in one form or another. Whether or not all three approaches are used in the valuation of a particular property depends upon the individual situation. In the event that more than one approach is utilized, the value opinions arrived at from the different approaches are correlated into a single value opinion considered to be the most appropriate for the subject property. The appraisal technique followed in arriving at an opinion of Market Value varies according to the type of property under consideration. As a norm, the Cost Approach, the Sales Comparison Approach, and the Income Approach are sufficient to indicate or to assist in the rationalization of an estimate. Depending on the type of property, the Cost Approach normally takes into consideration the estimated cost to replace improvements with like design and utility. These estimates are then reduced by what the appraiser feels has accrued as a loss because of wear and tear. Normally, this loss of value (depreciation) is estimated on the basis of an observed Effective Age, which, when computed with the Total Economic Life, results in a ratio or percentage figure. This methodology is commonly referred to as The Economic Age -Life Method. To this, the opinion of value of the land is added for a final conclusion to value by this approach. The opinion of the value of land is accomplished by comparison. Tracts with similar or like characteristics and which have been bought or sold in the recent past are studied. An analysis of the terms of the transaction and pertinent items is made. The resulting figure, after adjustments, is in most cases, indicative of Market Value. The Sales Comparison Approach has as its premise the valuation of real property by the utilization of the comparison technique as followed in the valuation of vacant land. This approach relies heavily upon the principle of substitution. Comparisons are made followed by adjustments, if pertinent, for an indication of value. As a rule, this approach is the most accurate indicator of value, as it portrays the tendencies of prudent entrepreneurs and investors in the market place. The Income Approach takes into consideration a projected or estimated rental income on the property under valuation. This income stream is then grossed so as to produce a net income after expenses, which is then capitalized for an indication of value. This approach in general, is Stouffer 25 considered to be an accurate indicator of value since income producing properties are bought and sold on the basis of their income producing abilities. Although all of the appraisal principles are involved in this approach, the principle of anticipation is particularly applicable because in it has as its basis the anticipated annual net income of the property. The following approaches to value have been utilized in this appraisal: Sales Comparison Approach Yes Cost Approach No Income Approach No Please refer to the following pages for further analysis. Stouffer 26 vu Methodology In the Sales Comparison Approach, the value of a property is estimated by comparing it with similar, recently sold properties in the surrounding or competing area. Inherent in this approach is the principle of substitution, which holds that when a property is replaceable in the market, its value tends to be set by the cost of acquiring an equally desirable substitute property, assuming that no costly delay is encountered in making the substitution. Through the analysis of sales of verified arm's - length transactions, Market Value and price trends are identified. The sales utilized are comparable to the subject in physical, functional, and economic characteristics. The basic procedure is as follows: 1. The most recent relevant sales are identified; 2. Comparable sales are selected and analyzed with consideration given to the date of sale; any changes in economic conditions between the date of sale and the date of value; and other physical, functional, or location factors; 3. Calculate the cash equivalent price for any sales that included any favorable financing; 4. Reduce the sales price to a unit of comparison such as the sales price per acre, sales price per square foot, and the gross income multiplier; 5. Make appropriate adjustments to the prices of the comparable properties; and 6. Interpret the data and draw a logical value conclusion. Market - oriented units of comparison for properties such as the subject are the analysis of the sales price per acre or sales price per square foot. Local market participants typically discuss acreage tracts, such as the subject, on a price per acre basis which we have utilized herein. In order to estimate the value of the subject property, a search of the area for similar land sales was conducted. The appraisers have conducted an extensive search for land sales in the subject property area that are identified as being competing properties in the market. In this case, the following sales utilized are considered to be comparable to the subject property and they share a similar highest and best use. The comparable sales in this instance represent good quality sales for the purpose of comparison to the subject property and would compete with the subject property in the market if the subject was available for sale. Please refer to the following pages for sales summaries of each sale and a land sales map. �� Stouffer 27 Sale ID # 18585 Street FM 1863 City, State, Zip Code New Braunfels, TX 78163 Property Tax ID 51850 MSA /Submarket San Antonio /Coma) County County Comal Legal Description Roberst Rohmer(A -177, Survey 414 G. College), Tract 5 NWC of FM 1863 and Roadrunner Location Way Grantor Robert Morgan and Patricia Gail Grantee Lester Azucena Et. Al Sale Date March 31, 2020 Transaction Status Closed Sale Recording Number 202006012353 Conditions of Sale Arm's Length Financing Conv. Confirmation Source MLS #1408103 Sale Price $255,000 Adjusted Sale Price Land Size Frontage Zoning Abbreviation Topography Shape Utilities Flood Info 8.260 Ac. or 359,806 SF FM 1863, OCL 1070' MSL -1050' MSL Irregular (Narrow) Elect., Tele Sale Price /Gross SF $0.71 Sale Price /Gross Acres $30,872 Adj. Price /Gross SF Adj. Price /Gross Acres Proeprty features irrgular configuration with 222 feet along FM 1863 tapering to 30' at the northern boundary. Stouffer 28 Sale ID # 18482 Street 1903 N. Austin Street City, State, Zip Code Seguin, TX 78155 Property Tax ID 22487 MSA /Submarket San Antonio /Guadalupe County County Guadalupe Legal Description Part of Lot 4, Block 15, Farm Addition, Seguin, Guadalupe Co., TX Location E/S of Austin Street, South of Baxter Grantor Grantee Sale Date Transaction Status Recording Number Conditions of Sale Financing Confirmation Source Pajarito Ranch LLC ACF Austin Concrete Fence LLC November 09, 2020 Closed Sale 202099032498 Arm's Length Conv. MLS #1348435 Sale Price $348,000 Adjusted Sale Price Land Size Frontage Zoning Abbreviation Topography Shape Utilities Flood Info 6.550 Ac. or 285,318 SF N. Austin Street, Level Slightly Irregular All Available Sale Price /Gross SF $1.22 Sale Price /Gross Acres $53,130 Adj. Price /Gross SF Adj. Price /Gross Acres Level, cleared, light industrial tract within Seguin. 2 Stouffer 29 Sale ID # 18701 Street S/S FM 758 City, State, Zip Code , TX Property Tax ID 55547 and 55548 MSA /Submarket San Antonio /Guadalupe County County Guadalupe Legal Description 19.993 ac. out of the AM Esnaurizar Survey, A -20, Guadalupe County Location 0.25 miles W. of Highway 123 Grantor Grantee Sale Date Transaction Status Recording Number Conditions of Sale Financing Confirmation Source ACEM Investments LLC NB Dean 32 LLC February 11, 2021 Closed Sale 202199005188 Arms Length Cash to Seller S- 202268: PM Sale Price $575,000 Adjusted Sale Price Land Size Frontage Zoning Abbreviation Topography Shape Utilities Flood Info 19.993 Ac. or 870,895 SF FM 758, Mostly level Rectangular Elec & tel None noted Sale Price /Gross SF $0.66 Sale Price /Gross Acres $28,760 Adj. Price /Gross SF Adj. Price /Gross Acres Cleared, mostly level farm land tract located just west of Highway 123 and along the south side of FM 758.. The property is a short distance NNE of Geronimo and approximately 6.9 miles north of Seguin. Includes two mobile homes which had little or no contributory value. Purchased for investment. purposes. mt� Stouffer 30 Sale ID # 18532 Street 185 Highwater Lane City, State, Zip Code , TX 78130 Property Tax ID 71527 MSA /Submarket San Antonio MSA /Coma) County County Comal Legal Description 10.005 Acres, AM Esnaurizar Survey No. 1, Abstract No. 1 Location N/S of Watson Lane East Grantor Grantee Sale Date Transaction Status Recording Number Conditions of Sale Financing Confirmation Source William H. Brasuell TWSOM.CO LP April 15, 2021 Closed Sale 202106020709 Arm's Length Conv. Sale Price $525,000 Adjusted Sale Price Land Size 10.005 Ac. or 435,818 SF Frontage , Zoning Abbreviation OCL Topography Slopes to South 20' Shape Rectangular Utilities All but Sewer Flood Info Approximately 5 Acres Along Watson Lane Sale Price /Gross SF $1.20 Sale Price /Gross Acres $52,474 Adj. Price /Gross SF Adj. Price /Gross Acres 10.005 Acres located just north of Texas Ski Ranch. Property features septic on site, water, electricity, and telephone. Front approximately 5 acres is located within the 100 -year flood plain. M Sale ID # 18418 Street 300 Heimer Lange Rd City, State, Zip Code Spring Branch, TX 78070 Property Tax ID 74805 MSA /Submarket San Antonio /Coma) County County Comal Legal Description A -153 SUR- 75 S FREECHILD, ACRES 25.0 Off W/S Hwy 281; 2 miles N of Hwy Location 46 Grantor Grantee Sale Date Transaction Status Recording Number Conditions of Sale Financing Confirmation Source Randall Roessler Todd Huckabee May 24, 2021 Closed Sale 202106028274 Arm's Length Cash to Seller M LS Sale Price $875,000 Adjusted Sale Price $875,000 Land Size 25.000 Ac. or 1,089,000 SF Frontage Heimer Lange Rd, Zoning Abbreviation None Topography Level to gently rolling Shape Mostly rectangular Utilities All but sewer Flood Info Approx. 7 acres located within flood zone Sale Price /Gross SF $0.80 Sale Price /Gross Acres $35,000 Adj. Price /Gross SF $0.80 Adj. Price /Gross Acres $35,000 Rural residential property just west of Highway 281 and approximately 2 miles north of the Highway 281 /Highway 46 interchange. Good mix of open pasture and live oak motts. Property was the headquarters tract of a ranch that was subdivided in recent years. There is an old foundation and several wood barns but no improvements with contributory value. A seasonal creek defines the east perimeter and also puts approximately 7 acres in the 100 floodplain. M Sale ID # 19318 Street 29440 Bulverde Road City, State, Zip Code Bulverde, TX 78163 Property Tax ID 448233, 448234, 448230 MSA /Submarket San Antonio /Coma) County County Comal Legal Description 13.06 Ac. G. Herrera Svy. 192 -G, Abst. 206, Comal County Location Both sides of road along Cibolo Creek Grantor Grantee Sale Date Transaction Status Recording Number Conditions of Sale Financing Confirmation Source Elsie Lee Biesenbach Jesus Perez and Brenda Montie) July 29, 2021 Closed Sale 202106040713 Arm's length Cash to seller M LS Sale Price $500,000 Adjusted Sale Price $460,000 Land Size Frontage Zoning Abbreviation Topography Shape Utilities Flood Info 13.060 Ac. or 568,894 SF Bulverde Road, Level Irregular Electricity and telephone 100% in 100 year FP Sale Price /Gross SF $0.88 Sale Price /Gross Acres $38,285 Adj. Price /Gross SF $0.81 Adj. Price /Gross Acres $35,222 Unique Cibolo Creek frontage property located just south of the Bulverde Air Park in Comal County. Tract is located entirely within the 100 year flood plain and cannot be developed. Nevertheless, there is a singlewide mobile home rental which has an ECV of $40,000 as well as a septic system and water well. Property is partially within the Bulverde city limits. The land is $460,000 or $35,222 per acre. mt� Stouffer 33 FIR 1363; 3/31/2020 5755,00E &26 530,872 so S3Q,87 7 N. Austin St. 11/9/2020 5340,000 5,55 $53,130 so S53,130 3 FM 758 2/1IY2 31 5575, %99 S2B,760 s $28,7 Highivat r Lane 4,115/:031 $525,000 M01 S52,474 557,474 5 Reimer Range Rd 5P Z4/2021 S875,000 35.00. $35, S $35,000 elver e Rd 7/29/2021 5460, 13,06 S35,222 so $35,273 Comparable Land Sales Analysis The comparable sales utilized in this report were taken from the subject's competitive market area and are all recent sales. These sales represent the best available indicators of value in this instance. Please refer to the explanation of adjustments to follow which will be followed by the Sales Comparison Grid. It should be noted that in order to compare land prices only going forward, any measurable contributory value from structural improvements, personal property, or FF &E has been subtracted in order to compare land prices only. The estimates for these items have been based on reliable third parties, cost information, or extraction from the sales within the subject's market area. Transactional Adjustments Transactional adjustments account for the following categories: Property Rights, Financing, Conditions of Sale, Expenditures Made after Purchase, and Market Conditions. Stouffer 34 Property Flights No adjustments were necessary in this category. The transaction price of one property may differ from that of an identical property due to different financing arrangements. For example, the purchaser of a property may have assumed an existing mortgage at a favorable interest rate. In another case, a developer or seller may have arranged a buy down, paying cash to the lender so that a mortgage with a below- market interest rate could be offered. In both cases the buyers probably paid higher prices for the properties to obtain below- market financing. Other non - market financing arrangements include installment sale contracts and wraparound loans. All of the comparable sales utilized in this analysis transacted based on cash or cash equivalent financing and no adjustments were warranted. Conditions of Sale Conditions of sale adjustments are required if the motivations of the buyer and /or seller were subject to any undue influences making the transaction considered to be something other than an arm's length transaction causing the sale price to be lower or higher than market value. Undue influences may include bankruptcy, assemblage, relationship between buyer and seller, etc. No adjustments were needed in this category. Expenditures Made Immediately After Purchase (Bayer's Expenditures) A knowledgeable buyer considers expenditures that will have to be made following the purchase of a property because these costs affect the price the buyer agrees to pay. Such expenditures may include: cost to cure deferred maintenance, cost to demolish and remove any portion of the improvements, etc. No buyer's expenditures were reported for any of the sales in this instance thus warranting no adjustments. Market Conditions (Three) Comparable sales that occurred under market conditions different from those applicable to the subject on the effective date of value require adjustment for any differences that affect their value. An adjustment for market conditions is made if general property values have appreciated or depreciated since the transaction dates due to inflation or deflation or a change in investor's perceptions of the market overtime. The comparables in this instance conveyed between March 2020 and July 2021. Based on the data available and explained within the Area /Market Analysis section of this report, a 5% adjustment per year has been applied to the sales between the date of sale and the effective date of value. This adjustment is deemed reasonable and supportable. Property Adjustments Size Size adjustments are typically warranted to reflect the fact that smaller tracts generally command a higher unit of value on a per acre basis as compared to larger tracts due to a greater capital 2 Stouffer 35 outlay for larger tracts. This factor restricts the number of possible buyers as compared to the relatively larger market for smaller tracts. The subject property contains 10.538 acres of land while the comparables range from a low of 6.55 acres to a high of 25.00 acres. The noted adjustments are deemed reasonable and supportable. Typically, properties with closer proximity to major demand centers command a premium over properties which have a more remote location. Sales #2, #4, and #6 have superior locations and were given downward adjustments. Sale #5 has an inferior location and was given an upward adjustment. Configuration Sale #1 has an inferior configuration and was given an upward adjustment. Land Features Sale #3 is inferior in this category and was given an upward adjustment. Water Features The subject and Sale #6 have good surface water features. Sales #1, #2, #3, #4, and #5 are inferior and were given upward adjustments. (.Utilities Sales #2, #4, and #5 have superior utilities availability and were given downward adjustments. The subject and Sale #6 are located entirely within flood hazard areas. Sales #1, #2, #3, #4, and #5 are superior in this category and were given downward adjustments. Conclusion The comparable sales utilized are considered to be the best available indicators of value for the subject property. The comparables are all located within the subject's competitive market area, are the most recent sales available, bracket the subject in size, etc. After adjustments, the comparables indicate a range of adjusted sale prices from $35,192 per acre to $41,957 per acre with a mean and median indication of $37,271 per acre and $36,686 per acre, respectively. All of the comparables have been equally considered with primary emphasis placed on a blending of the mean and median indications which support one another. Based on these indications, a value conclusion of $37,000 per acre is supported. When applied to the subject size of 10.538 acre, a value is indicated for the subject land only at $390,000 after rounding. Please see the following page for the Land Sales Comparison Table. Stouffer 36 Pi SA ry r- dx5 rtY wo- va m ar?s x taY �y d�L Ez w'b' aA` g",' a� Y�•b 0. IS C ffi AE m; tom. Z wG dam. f %r'* " , The reconciliation of values is the final step in the appraisal process and involves the weighing of the individual valuation techniques utilized and analyzes the relative appropriateness, accuracy, and quantity of evidence as it relates to the appraisal problem noted herein. Please refer to the summary table of the approaches utilized in this instance followed by a more detailed explanation of each. Cost Approach Sales Comparison Approach N/: $390, N/A Sales Comparison Approach The utilization of the Sales Comparison Approach in the valuation of a property similar to the subject property is considered appropriate for the intended use of this appraisal. The comparable sales utilized in this instance are strong indicators of value based on their similarities to the subject for being recent sales indicative of current market conditions. The gross and net adjustment percentages for the comparables are not overly excessive and are well founded and market supported in this instance. Therefore, the Sales Comparison Approach is considered to be the best indicator of value for the subject land. Cost Approach N/A Income Approach N/A Stouffer 38 1011,11", MAI The exposure period is that time frame leading up to the hypothetical sale of the subject property which is the "as of" date of the appraisal of the subject property. The exposure period is the time in which the property maintained its value leading up to the appraisal date. The comparable sales indicate that the exposure time would have been approximately one year. The estimated marketing time (i.e. the amount of time it would probably take to sell the subject property if exposed in the market beginning on the date of this valuation) is also estimated to be one year. Stouffer 39 2 Stouffer 40 BLAIR T. STOUFFER, MAI, SPA Nianaging Pariner BLAKE T. STOUFFER, MAI, LREB Vice glresident - Firm & Ranch, Re,�idendal CHRIS T. JONES, MAI, LREB Vice President - Cormnerdal KRISTIN S. PAYNE, CPA Vice President - Rnjnce ROBERT V. HICKS, MAI P.J. DCOUNG, MAI ManaginZ Director — Au tin ARTURO M, SALINAS, MAI Managing Dircctor — I lou{ton IAN M. GRIGAR, MAI Maniging, D'Rectm — Dallar,/Ft. worth Charles W. Fehh,�, MAI G,: ry R, Miller, MAI Abcd T, VIA1 Hank Hornsby Anf.fi,e w Walson Rabor, M. k)Vest, 11i John C. FedHck patrk-k 1"11•rey P,wid(Harvey Earn rran J. Can Dean Tyler Givens La era S Hobbs SAN ANTONIO 525 Rusb�, Drive Sin Antonto.'rX 78209 infg@Lto_ufferappraisals.com 210 828 3743 BOERNE AUSTIN HOUSTON DALLASIFT. WORTH August 9, 2022 CLIENT Garry Merritt Great Springs Project PO Box 12331 Austin, TX 78711 INTENDED USER(S) Great Springs Project and the City of Schertz PROPERTY TO BE APPRAISED Appraisal of the 10.538 acre tract located at 1109 Bunker Street, New Braunfels, Comal County, Texas 78132 (Coma) CAD 56613) INTEREST VALUED Market Value - Fee Simple VALUATION PREMISE(S) "As is" value of the land and any improvements DATE OF VALUE Market value as of date of site visit FORMAT Appraisal Report DELIVERY DATE By August 18, 2022 for preliminary evaluation; Final delivery within 3 days after FEE $2,500 CLIENT: , ZD-Wttt, Garry Merritt,�-,J Great Springs Project (210) 260-9839 garry@greatspringsproject.org t / t, r} ,°"kip iI CAD �� « t €€ r �r a j V 5 t REZ RANDY Sc,,k Property Search S3 0 2022 .oa a!1 Y „s # o }' €.y Account Property ID: 6613 egal Description: CHUETZ 2, LOT 12 Geographic ID: 00501001200 oning: Type: Real gent Code: 70284 Property Use Code: Property Use Description: Location Address: 0 TBD psco: Neighborhood: EER PARK p ID: H Neighborhood CD: 8813301 Owner Nam RAM REZ RANDY PAUL caner ID: 53293 M iling Address: 05 HINGE LOOP % Ownership: 00.0000000000% CIBOLO, TX 78108 -3352 Exem lions: (+) lm rovement Hom site Value: 0 ( +) Im rovement Non -Hom site Value: $0 + ( +) Land Homesite Value: 0 ( +) Land Non -Hom site Value: 210,490 Ag / Tim er Use Value ( +) Agricultural M rket Valuation: $0 0 ( +) Tim er Market Valuation: 0 0 ------------------------- (_) M rket Value: 210,490 ( —) Ag or Timber Use Value Reduction: 0 ------------------------- (_) Appraised Value: 210,490 ( —} HS Cap: — 0 ------------------------- (_) Assessed Value: 210,490 on Owner: RAM REZ RANDY PAUL Ownership: 00.0000000000% 1 Total Value: N/A Entity escription ax Rate ppraised Value , axable Value stimated Tax 046 OM L COUNTY /A /A JA N/A 046LR OM L COUNTY LATERAL ROAD /A /A /A N/A CAD AD /A /A .. /A N/A EDW dwards W ter /A /A /A N/A ES6 ESD6) COM L COUNTY EM RGENCY SERVICES DISTRICT NO. 6 /A /A... /A N/A SCIS OM L ISD _ /A /A_ _ /A N/A zzz redit /A /A . /A N/A otal Tax Rate: /A axes w /Current Exem lions: /A axes w/o Exem lions: /A # y escription cres cift ff Front ff Depth rket Value rod. Value 1 ES-FLOOD of with som flood 0.5410 59165.96 00 .00 210,490 0 Year m rovern nts and M rket g Valuation ppraised S Cap ssessed 2023 N/A /A /A /A /A /A 2022 $0 210,490 10,490 0 210,490 2021 $0 75,000 5,000 0 75,000 2020 $0 85,380 5,380 0 85,380 2019 $0 59,770 9,770 0 59,770 2018 $0 59,770 9,770 0 59,770 2017 $0 59,770 9,770 0 59,770 2016 $0 59,770 9,770 0 59,770 2015 $0 59,770 9,770 0 59,770 2014 $0 59,770 9,770 0 59,770 2013 $0 59,770 9,770 0 59,770 2012 $0 59,770 9,770 0 59,770 2011 $0 59,770 9,770 0 59,770 2010 $0 70,870 0,870 0 70,870 2009 $0 70,870 0,870 0 70,870 J, 3 Deed 0 ns # eed Date ype escription rantor rantee olum age eed Num er 1 2/12/2014 W PECIAL W RRANTY DEED AM REZ RAM REZ 201506025103 SANDRA M & RANDY PAUL RANDY 2 /30/2009 VL W VENDORS LIEN INUSJOSEPH RAM REZ 200906035281 L & ALLISON G SANDRA M & RANDY P 3 0/26/2007 RRANTY DEED URKEY CREEK M NUSJOSEPH 200706043894 RANCHES LTD L & ALLISON G QUALIFICATIONS OF JOHN ANDREW WATSON Plano East Senior High —1999 Texas A &M University, BBA in Marketing — 2003 LICENSES/IDESIG NATIONS State Certified General Real Estate Appraiser, Certificate No. TX- 1380429 -G Licensed Real Estate Sales Agent, License No. 676674 APPRAISAL EDUCATION Basic Appraisal Principles Basic Appraisal Procedures 15 -Hour National USPAP General Appraiser Market Analysis and Highest and Best Use General Appraiser Site Evaluation and Cost Approach General Appraiser Sales Comparison Approach General Appraiser Income Approach General Appraiser Report Writing and Case Studies Real Estate Finance, Statistics, and Valuation Modeling Business Practices and Ethics Analyzing Distressed Real Estate Apartment Appraisal Appraisal Subject Matter Electives 7 -Hour National USPAP Updates Appraisal of Assisted Living Facilities Appraisal of Owner - Occupied Commercial Properties Managing Appraiser Liability The Basics of Expert Witness for Commercial Appraisers Complex Properties: The Odd Side of Appraisals Basic Hotel Appraising — Limited Service Hotels Appraisal of Self- Storage Facilities Uniform Appraisal Standards for Federal Land Acquisitions (Yellow Book) CAREER EXPERIENCE Andrew attended Texas A &M University and graduated with a BBA in Marketing from the College of Business in 2003. While at Texas A &M, Andrew was actively involved in the campus chapter of Habitat for Humanity and was also a member of the Texas A &M Sailing Team, and served a semester as team president. Andrew moved to Boerne, Texas in 2004 and worked for two local banks from 2004 through 2006. During this time, he was involved in the opening of a new branch location in the area. Andrew joined the Stouffer & Associates Boerne office as an appraiser trainee in May of 2006 and became a state certified general real estate appraiser in March of 2015. In addition to appraisal work with Stouffer & Associates, Andrew was involved with the creation of the non - profit Cara Ann Hobbs Foundation, which raises money to support families that are fighting cancer and other life- threatening illnesses, and has served as director since the organization began in 2010. Andrew and his wife are also high school Sunday School teachers at First Baptist Church of Boerne. GENERAL L ESTATE EXPERIENCE The Stouffer & Associates Boerne office primarily appraises properties located in the rural areas and small towns throughout South Texas and the Texas Hill Country surrounding San Antonio. Having been with Stouffer & Associates since 2006, Andrew has appraised and assisted with appraisals of a very wide range of property types. PROPERTY TYPES APPRAISED Andrew typically performs between 70 and 100 appraisals per year for various clients including banks, municipalities, individuals, partnerships, corporations, real estate developers, non - profit organizations, and attorneys. These appraisals are utilized for variety of uses to include loan underwriting, foreclosures, estate valuations, partitioning, donation purposes, and marketing direction. A list of the various property types appraised include the following: *Vacant Commercial Land *Residential Subdivisions *Medical Office Properties *Conservation Easements (70 +) *Mixed-Use Commercial Properties *Special Event Centers *Churches • Restaurants *Office and Residential Condominiums *Motels *Multi- family Residential Properties *General Office Properties *Irrigated Farms *Retail Properties *Mini- Storage Facilities •Camp /Retreat Properties -Bed and Breakfast Properties *Automotive Dealerships •Convenience Stores •Golf Courses *Banks *Office Warehouse Properties (including storage /distribution & manufacturing) •Ranch Properties (with both agricultural and wildlife concentration) As part of the Stouffer & Associates Boerne office, Andrew appraises a variety of rural land properties throughout South Texas and the Texas Hill Country. These properties range from smaller acreage rural residential properties to large acreage agricultural and recreational properties, and include ranches, hunting properties, and irrigated farms, as well as many conservation easement appraisals for both sales and donations. Andrew also appraises a wide range of commercial properties, both existing and proposed, located in the small towns throughout the region and is familiar with the unique aspects of commercial properties located in small markets. QUALIFICATIONS OF ROBERT V. HICKS, MAI Off: (830) 816 -2400 Fax: (830) 249 -2440 www.stoufferappraisals.com stouffer@gvtc.com BIOGRAPHICAL BACKGROUND Robert V. Hicks, MAI is a real estate appraiser in Boerne, Texas. Mr. Hicks began appraising real estate in the San Antonio metro area in March, 1991 after being a fee appraiser in Houston, Texas for over four years. He began as the managing director of the Boerne Branch of Stouffer & Associates in Boerne, Texas in January of 2004 and has resided in Boerne since February of 1994. Robert V. Hicks, MAI obtained his MAI designation as a member of the Appraisal Institute on September 27, 1991. Robert V. Hicks, MAI was born in Austin, Texas, in 1957. He attended public schools in Austin, prior to attending Blinn Jr. College in Brenham Texas, where he received a full football scholarship. Subsequent to this, Mr. Hicks attended Texas A &M University where he earned a Bachelor of Science in Agriculture Education. Upon graduation, Mr. Hicks taught Vocational Agriculture at Ozona High School in Ozona, Texas, for over 3 years before returning to Texas A &M University and earning a Master of Agriculture in Land Economics and Real Estate. Mr. Hicks is also involved in the family ranch in Bandera County, Texas. Bachelor of Science (Agriculture Education): Texas + ":1 Texas A&M University ♦ f! • i t i Member of the Appraisal Institute (MAI), Membership No. 9064 (Received MAI Designation in 1991) State Certified General Real Estate Appraiser, Certificate No. TX- 1320363 -G (State Certified Since 1991) Page 2 CIVIC I TY ORGANIZATI Robert V. Hicks, MAI has been involved in numerous civic/ community and non - profit organizations in the various areas he has lived. He was an elder for St. Mark Presbyterian Church in Boerne, Texas in 1997- 2000 and is an avid outdoorsman who enjoys to hunt, fish, and ranching related work and activities with cattle and horses on his family ranch in Bandera County. Robert V. Hicks, MAI has appraised and reviewed thousands of non - residential narrative commercial appraisals for over 35 years on various properties in major cities of Houston, Dallas, Fort Worth, San Antonio, Austin, El Paso, Midland, Brownsville, McAllen, Laredo, Corpus Christi, Oklahoma City, and many other locations throughout the state of Texas. This includes a total of 100+ different Texas counties, generally 25 to 40 separate counties each year. Robert V. Hicks, MAI has taken many appraisal courses and seminars in various areas through the years to include appraising properties that are commercial, farm & ranch, condemnation, conservation easement, undivided and partial interest, easements, and many others areas. Consultation services in the Real Estate industry performed by Robert V. Hicks, MAI have included litigation support, expert witness testimony at special commissioners hearing and jury trial, feasibility studies, tax assessment review, cost estimates for insurable value, square footage analysis and appraisal reviews. A list of the property types appraised by Robert V. Hicks, MAI include the following: Vacant land (various types) Motel /Hotel Subdivision (various types) Bed & Breakfast Retail Building Restaurant Shopping Center Aircraft Hangar Industrial Building Aviation Facility Manufacturing Facility Entertainment Theme Park Office Building Day Care Center Medical /Dental Office Building Service Station Apartment /Multi - family Convenience Store Condominium Bank Building Residential Trucking /Freight Terminal Farm & Ranch (1,600+ total) Mini Storage Facility Guest & Dude Ranch Mobile Home Park Car Wash Facility Church Car Dealership Funeral Home Automotive Facility Ground Leases Private School Aerial Rights Lumber Yard Subsurface Rights RV Park Easements (various types) Rock Quarry Assisted Living /Care Facility Oil Storage Tanks Veterinary Clinic / Horse Arena Facility Private Water Plant /System Fuel Station Cave /Mitigation Site Grain Elevator & Bin Special Events Facility Feed Store /Feed Mill Undivided Interest Conservation Easement (200+ total) Golf Course Condemnation Cattle Auction /Sale Barn Facility Right -of -Way (many types) Page 3 Page 4 Texas Farm Credit 545 South Highway 77 Robstown, Texas 78380 Texas Farm Credit 802 West Oaklawn Pleasanton, Texas 78064 Texas Farm Credit 16011 Via Shavano San Antonio, Texas 78249 Texas Farm Credit 3272 Highway 16 South Bandera, Texas 78003 Texas Farm Credit 244 N. Getty Uvalde, Texas 78801 Haginas & Shillings AMC 7111 Glen Chase Court Houston, Texas 77095 Frost Bank 100 W. Houston St., Suite T -20 San Antonio, Texas 78205 Texas Heritage Bank 1208 S. Main Boerne, Texas 78006 Apex Realty Advisors P. O. Box 101806 Fort Worth, Texas 76185 Happy State Bank (A Division of Centennial Bank) 701 S. Taylor, LB 120 Amarillo, Texas 79101 Guadalupe Bank 1309 Bandera Highway Kerrville, Texas 78028 Attn: Lane Pepper, CFA Chief Risk Officer 361 - 387 -8563 Attn: Sarah Franklin Vice President/ Branch Mgr 830 - 569 -874 Attn: Wade Sharp Vice President / Branch Mgr 210 - 798 -6280 Attn: David Derry Vice President / Branch Mgr 830 - 796 -9201 Attn: Jess Yeaman Vice President / Branch Mgr 830 -278 -3212 Attn: Jeff Shillings, MAI /other appraisers President / Owner 281 -550 -9200 Attn: Deloris L. Kraft - Longoria, MAI Chief Appraiser / Appraisal Services 210 - 220 -5051 Attn: Steve Mack President & CEO 830 - 249 -3955 Attn: Ronnie Singleton, MAI President 817 - 736 -2979 Attn: Anita Ray Appraisal Review Manager 806 - 881 -0016 x3116 Attn: Mr. Tony Roberts President & CEO 830 - 792 -1950 Client References, Page 5 Guadalupe Bank Attn: David Geistweidt 804 S. Adams Street Senior Vice President Fredericksburg, Texas 78624 830 - 997 -2500 Security State Bank & Trust Attn: Bryan D'Spain 607 North Main Sr. Vice President / Branch Mgr Boerne, Texas 78006 830 - 249 -9292 Security State Bank & Trust Attn: Dale Geistweidt 201 West Main Street Sr. Vice President / Loan Officer Fredericksburg, Texas 78624 830 - 997 -7575 Security State Bank & Trust Attn: Mark Cowden 1130 Junction Highway Sr. Vice President / Branch Mgr Kerrville, Texas 78028 830 -895 -2000 Security State Bank & Trust Attn: Kyle Priour 1130 Junction Highway Sr. Vice President / Loan Officer Kerrville, Texas 78028 830 - 895 -2000 Security State Bank & Trust Attn: Ronnie Sultemeier 1000 Hwy 281 South Sr. Vice President / Branch Mgr Blanco, Texas 78606 830 - 833 -1377 Texas Hill Country Bank Attn: Roy Thompson 719 Hill Country Drive President & CEO Kerrville, Texas 78028 830 - 257 -4771 Texas Hill Country Bank Attn: Dee Peterson 800 Main Street Vice President Bandera, Texas 78003 830 - 796 -3100 Texas Hill Country Bank Attn: James Wilson 800 Main Street Senior Vice President Bandera, Texas 78266 830 - 796 -3100 Prosperity Bank Attn: Sherman Joe, MAI, AI -GRS 5501 Bissonnet VP — Senior Review Appraiser Houston, Texas 77081 713- 255 -1500 x37437 Crockett National Bank Attn: Roger Parker 8018 Broadway, Suite 200 Vice President - Private Banking San Antonio, Texas 78209 210 - 209 -8474 Client References, Page 6 Wells Fargo Bank RETECHS 7970 Fredericksburg Rd., Suite 101 -93 San Antonio, Texas 78251 First United Bank 1400 W. Main Street Durant, Oklahoma 74701 Capital Farm Credit, ACA 624 FM 1791 Huntsville, Texas 77340 Jefferson Bank 371 N. Main Street Boerne, Texas 78006 Sage Capital Bank 18966 Forty Six Pkwy Spring Branch, Texas 78070 Sonora Bank 1570 River Road Boerne, Texas 78006 Security State Bank - Headquarters 1000 North Oak Street Pearsall, Texas 78061 Security State Bank 360 S IH -35 Pearsall, Texas 78016 First State Bank of Uvalde 200 E. Nopa) Uvalde, Texas 78802 TXN Bank 355 State Hwy 16 South Bandera, Texas 78003 Arrowhead Bank 502 S. Adams Fredericksburg, Texas 78624 Attn: Brian Frilot Vice President / Review Appraiser 210 - 257 -5812 Attn: Aleasha Allen Appraisal Coordinator 580 - 634 -6171 Attn: Wayne Young, ARA Chief Collateral Risk Officer 936 - 661 -0913 Attn: Justin Boerner Vice President 830 - 816 -6301 Attn: John Sconiers President, Spring Branch Center 830 - 980 -6950 Attn: Kyle Barton Chief Financial Officer 830 - 331 -8330 Attn: Mike Wilson President 830 - 334 -3606 Attn: Clayton Neal Vice President/ Branch Mgr 830 - 334 -3606 Attn: Roy Kothmann Executive Vice President 830 - 278 -6231 Attn: Stormy Pruitt Regional President 830 - 796 -3333 Attn: Tony Klein Senior Executive VP / Manager 830 - 990 -9300 Client References, Page 7 TXN Bank 1502 Avenue M Hondo, Texas 78861 Total Appraisal Management & Review 106 E. Sixth Street, Suite 900 Austin, Texas 78701 South Star Bank 1101 Junction Highway Kerrville, Texas 78028 Commerce Bank Texas 1501 Bexar Crossing San Antonio, Texas 78232 PlainsCapital Bank 70 North East Loop 410 San Antonio, Texas 78216 City of San Antonio Office of EastPoint & Real Estate 114 W. Commerce, 2nd Floor San Antonio, Texas 78205 The Nature Conservancy — Texas Chapter 318 Congress Avenue Austin, Texas 78701 The Nature Conservancy — Texas Chapter 318 Congress Avenue Austin, Texas 78701 Attn: Ronnie Miller President / CEO 830 - 426 -3066 Attn: Sara Jones Oates Chief Appraiser 512 - 402 -0029 Attn: Justin Foster Vice President 830 -315 -2362 Attn: John G. Turcotte President 210 - 679 -3101 Attn: DeVan Watts Executive Vice President 210 - 321 -3315 Attn: Grant Ellis Special Projects Manager Edwards Aquifer Protection Program 210 - 207 -2815 Attn: Jeff Francell Director of Land Protection 512 - 623 -7250 Attn: David Bezanson Protection and Easements Manager 512 - 217 -0025 Pill ♦ ice does ♦ for a and that the soerne ollice occasionally does r s r r individuals, attorneys, Phase I Environmental Site Assessment for the Ramirez 10.538 acres, Comal County, Texas Prepared for Great Springs Project and The City of Schertz November 28, 2022 Table of Contents 1.0 SUMMARY ...................................................................................................... ............................... 1. 2.0 INTRODUCTION ............................................................................................. ............................... 1 2.1 Purpose ........................................................................................................... ..............................1 2.2 Detailed Scope of Services ........................................................................... ............................... 2 2.3 Limiting Conditions, Deviations, and Exceptions ........................................ ............................... 2 2.4 Significant Assumptions ................................................................................ ..............................2 2.5 Special. Terms and Conditions ...................................................................... ............................... 2 3.0 USER PROVIDED INFORMATION .............................................................. ............................... 2 4.0 SITE DESCRIPTION ....................................................................................... ............................... 3 4.1 Location and Legal Description .................................................................... ............................... 3 4.2 Site and Vicinity General Characteristics ..................................................... ............................... 3 4.3 Current Use of Property ................................................................................ ............................... 3 4.4 Descriptions of Structures, Roads, and Other Improvements on the Site ..... ............................... 4 4.5 Current Uses of Adjoining Properties ........................................................... ............................... 4 4.6 Environmental Liens or Activity and Use Limitations ................................. ............................... 4 4.7 Specialized Knowledge ................................................................................. ............................... 4 4.8 Commonly Known or Reasonably Ascertainable Information ..................... ............................... 4 4.9 Valuation Reduction for Environmental Issues ............................................ ............................... 4 4.10 Owner, Property Manager, and Occupant Information ................................ ............................... 4 4.1.1 Reason for Performing Phase I ..................................................................... ............................... 4 5.0 RECORDS REVIEW ........................................................................................ ............................... 4 5.1 Environmental Agency Databases ................................................................ ............................... 4 5.2 Physical Setting Sources ............................................................................... ............................... 6 5.2.1 Topographic Maps .................................................................................... ............................... 6 5.2.2 Soil Maps .................................................................................................. ............................... 6 5.2.3 Geologic Maps ......................................................................................... ............................... 6 5.3 Historical. Use Information on the Property and Adjoining Properties ........ ............................... 6 5.3.1 Historical. Aerial. Photographs .................................................................. ............................... 6 5.3.2 Historical. Topographic Maps ................................................................... ............................... 7 6.0 SITE RECONNAISSANCE ............................................................................. ............................... 7 6.1 Methodology and Limiting Conditions ......................................................... ............................... 7 6.2 Exterior Observations ................................................................................... ............................... 7 6.3 Interior Observations .................................................................................... ............................... 8 7.0 INTERVIEWS AND QUESTIONNAIRES ..................................................... ............................... 8 7.1 Interviews with Current Owners ................................................................... ............................... 8 7.2 Interviews with Site Managers ..................................................................... ............................... 8 7.3 Interviews with Occupants ............................................................................ ............................... 8 7.4 Interview with Local Government Official .................................................. ............................... 8 7.5 User Questionnaires ...................................................................................... ............................... 8 8.0 FINDINGS ........................................................................................................ ............................... 8 9.0 OPINION .......................................................................................................... ............................... 9 10.0 CONCLUSIONS ................................................................................................ ..............................9 11.0 DEVIATIONS .................................................................................................... ..............................9 12.0 ADDITIONAL SERVICES .............................................................................. ............................... 9 13.0 REFERENCES ................................................................................................... ..............................9 14.0 WARRANTY AND SIGNATURES ................................................................ ............................... 9 15.0 SIGNATURE .................................................................................................. ............................... 10 16.0 QUALIFICATIONS OF ENVIRONMENTAL PROFESSIONAL ............... ............................... 10 PHASE I ENVIRONMENTAL SITE ASSF.SSMF.NT i RAMIRE7.10.538ACRES, COMAL COUNTY, 1X APPENDICES A FIGURES B BOUNDARY SURVEY C ENVIRONMENTAL DATABASE REPORT D HISTORICAL AERIAL PHOTOS E HISTORICAL TOPOGRAPHIC MAPS F SITE PHOTOS G INTERVIEW FORMS AND QUESTIONNAIRES PHASE IENVIRONMENTAL SITEASSE,SSMF.NT ZZ RAMIRE7.10.538ACRES, COMAL COUNTY, 1X 1w1� u This Phase I Environmental Site Assessment was prepared by RainCrow Wildlife Consulting (RainCrow) for the Ramirez tract of 10.538 acres in southern Comal County, Texas (Figure l; all figures are in Appendix A). RainCrow performed this assessment at the request of Great Springs Project, which is acting on behalf of the City of Schertz to identify, to the extent feasible, recognized environmental conditions associated with the subject property. This assessment included (1) interviews and questionnaires with the property owner and other individuals with knowledge of the property; (2) research into available records, including current agency files, databases, and historical documents; and (3) a site visit. The interviews /questionnaires, background research, and site visit to the subject property on November 1.5, 2022 identified no evidence of recognized environmental conditions, including petroleum products or other hazardous environmental contaminants, associated with the subject property. A government agency database search revealed no records of past releases that would warrant further investigation for the purposes of this Phase I ESA. 2.0 INTRODUCTION 2.1 Purpose The purpose of this Phase I Environmental Site Assessment is to identify, to the extent feasible pursuant to the processes prescribed herein, "recognized environmental conditions" in connection with the subject property. The term "recognized environmental condition," as by the American Society for Testing and Materials (ASTM) Standard E 1527 -21 for Phase I Environmental Site Assessments, means: (1) the presence of hazardous substances or petroleum products in, on, or at the subject property due to a release to the environment; (2) the likely presence of hazardous substances or petroleum products in, on, or at the subject property due to a release or likely release to the environment; or (3) the presence of hazardous substances or petroleum products in, on, or at the subject property under conditions that pose a material threat of a future release to the environment. A de minimis condition is not a recognized environmental condition. The assessment is intended to permit the Users to satisfy one of the requirements to qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on Comprehensive Environmental Response, Compensation and Liability Act ( "CERCLA ") liability (i.e., the assessment constitutes all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice). PHASE I ENVIRONMENTAL SITE ASSF.SSMF.NT I RAMIRE.7.10.538ACRES, COMAL COUNTY, 1X 2.2 Detailed Scope of Services The methodology used for this assessment followed ASTM Standard E 1527 -21, entitled Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process (ASTM 2021). 2.3 Limiting Conditions, Deviations, and Exceptions This assessment is intended to be as detailed as reasonably possible given the time and cost associated with it, and is intended to reduce, but not eliminate, uncertainty regarding the potential for recognized environmental conditions in connection with the subject property. No environmental site assessment can wholly eliminate uncertainty regarding the potential for recognized environmental conditions. The findings of this assessment are limited to land on the subject property as described in Section 4.0 below. 2.4 Significant Assumptions The purpose of this Phase I Environmental Site Assessment is to qualify the Users for the innocent landowner defense to CERCLA liability in connection with the transfer of ownership of the subject property. 2.5 Special Terms and Conditions No special terms or conditions were placed on this investigation. 3.0 USER PROVIDED INFORMATION According to the ASTM protocol E1527 -21, the Users of an ESA have certain primary responsibilities for gaining information that may be helpful in determining the potential presence of recognized environmental conditions on the subject property. The Users of this ESA report are Great Springs Project, the City of Schertz, and Mr. Randy Ramirez (the current owner). The Users were all asked for information about the property, which is summarized below and is discussed further in Section 7. Question User's Response Is the User aware of any environmental cleanup liens against the property that are None of the Users is aware of any environmental filed or recorded under federal, tribal, state cleanup liens against the Subject property. or local law? Is the User aware of any activity use limitations (AULs), such as engineering None of the Users is aware of any AULs that are in controls, land use restrictions or institutional place in association with the subject property controls that are in place at the site and/or (except that the parcel is under a deed restriction have been filed or recorded in a registry permitting only single- family home use). under federal, tribal, state or local law? Does the User have any specialized knowledge or experience related to the None of the Users has any specialized knowledge or property or nearby properties (e.g., use of experience related to the subject property or nearby hazardous substances or petroleum products properties. and associated processes)? PHASE I ENVIRONMENTAL SITE ASSF.SSMF.NT 2 RAMIRE7.10.538ACRES, COMAL COUNTY, 1X Does the purchase price being paid for this property reasonable reflect the fair market yes value of the property if it were not contaminated? Is the User aware of commonly known or reasonable ascertainable information about None of the Users is aware of any commonly the property that would help the known or reasonably ascertainable information that environmental professional to identify would help identify conditions indicative of releases conditions indicative of releases or or threatened releases. threatened releases? Based on the User's knowledge and experience related to the property, are there None of the Users is aware of any obvious any obvious indicators that point to the indicators that point to the presence or likely presence or likely presence of contamination presence of contamination at the subject property. at the property? Does the User have any helpful documents available for review in association with the None the Users provided any additional subject property (e.g., historic Phase I ESA documentation. reports, permits, registrations, h dro eolo is conditions, etc.)? C : _ ' 1701 4.1 Location and Legal Description The subject property is about 6.6 miles by straight line north - northeast of downtown Schertz, Texas and approximately 0.7 mile north- northwest of the intersection of Interstate Highway 35 and Schwab Road (Figure 1). A survey of the property completed on May 24, 2002 (Appendix B) identifies the property as "Lot 12, Schuetz Subdivision No. 2, according to the map or plat thereof, recorded in Volume 11, Page 397, Map and Plat Records, Comal County, Texas." 4.2 Site and Vicinity General Characteristics Most of the adjacent properties are agricultural and/or low- density residential (Figure 2). Saint Joseph's Cemetery, also known as Wenzel Cemetery, borders the subject property on the western side (Figure 1). The general area is rapidly urbanizing and mostly includes agricultural land, residences, warehouses, and sand and gravel mining operations. 4.3 Current Use of Property The property is currently vacant and unused. It is appraised by the Comal County Appraisal District for agricultural use (Comal CAD 2002). PHASE I ENVIRONMENTAL SITE ASSF.SSMF.NT 3 RAMIRE7.10.538ACRES, COMAL COUNTY, 1X 4.4 Descriptions of Structures, Roads, and Other Improvements on the Site No structures, roads, or other improvements were present on the subject property during a site visit on November 15, 2022. 4.5 Current Uses of Adjoining Properties Most of the adjacent properties are agricultural and/or low- density residential (Figure 2). Saint Joseph's Cemetery, also known as Wenzel Cemetery, borders the subject property on the western side. 4.6 Environmental Liens or Activity and Use Limitations None of the Users was aware of any environmental liens against the subject property. 4.7 Specialized Knowledge None of the Users offered any specialized knowledge of hazardous materials used on the subject property. 4.8 Commonly Known or Reasonably Ascertainable Information No commonly known or reasonably ascertainable information regarding releases or threatened releases of hazardous substances or petroleum products within the local community was documented by any of the Users. 4.9 Valuation Reduction for Environmental Issues The Users are not aware of any reduction in value of the subject property due to environmental contamination. 4.10 Owner, Property Manager, and Occupant Information The current owner is Mr. Randy Paul. Ramirez, who is also identified as one of the Users of this Phase I ESA. 4.11 Reason for Performing Phase I The reason for performing this Phase 1. ESA to satisfy one of the requirements to qualify for the innocent landowner defense under (ASTM) Standard E 1527 -21; namely: "(42 U.S.C. § §9601(35) & 9607(b)(3))— a person may qualify as one of three types of innocent landowners: (i) a person who "did not know and had no reason to know" that contamination existed on the property at the time the purchaser acquired the ro er , p p tJ'. ..." 5.1 Environmental Agency Databases RainCrow contacted Banks Environmental Data for a review of relevant agency databases. The databases were reviewed to identify any recognized environmental conditions that might affect the subject property. PHASE I ENVIRONMENTAL SITE ASSF.SSMF.NT 4 RAMIRE7.10.538ACRES, COMAL COUNTY, 1X The database records were searched to the appropriate distances as established by ASTM Standard E 1527- 21. Databases included in the Banks Environmental Data report are listed below (described in Appendix C, pages 46 -48). Federal - ASTM 1527 -21 /AAI Required o National Priority List (NPL) o Delisted National Priority List (DNPL) o SEMS (CER SEMS) o SEMS NFRAP (CER SEMS NFRAP) o RCRA CORRACTS (RCRA COR) o RCRA non- CORRACTS TSD (RCRA TSD) o RCRA Generators (RCRA GEN) o Federal Brownfields (FED BWN) o Federal Institutional Control (FED IC) o Federal Engineering Control (FED EC) o ERNS List (ERNS) State - ASTM 1527 -21 /AAI Required o State /Tribal Equivalent NPL (ST NPL) o State /Tribal Equivalent CERCLIS (ST CER) o State /Tribal Disposal or Landfill (SWLF) o State /Tribal Leaking Storage Tank (LPST) o State /Tribal Storage Tank (PST) o State /Tribal Institutional Control (ST IC) o State /Tribal Engineering Control (ST EC) o State /Tribal Voluntary Cleanup (VCP) o State /Tribal Brownfield (ST BWN) o State /Tribal Hazardous Waste (HW) Non - ASTM /AAI Required Databases o RCRA (RCRA) o Dry Cleaners (DRYC) o State /Tribal Municipal Settings Designation (MS) The environmental database report (included as Appendix C) identified four mapped records within the searched distance listed below, all of which are either currently active or are associated with currently operating businesses. Database Distance from Map ID Facility Site Name Facility Site Address Subject (App. Q RCRA GEN 0.23 miles SE 2 Amazoncom Services Dsx9 1150 1150 Schwab Rd, New Braunfels, Tx 78132 -4987 PST 0.16 miles SW 1 Orica New Braunfels 21541 Old Nacogdoches Rd, New Braunfels, Tx 78131 PST 0.23 miles SE 2 Lacks Distribution Center 1150 Schwab Rd, Schertz, Tx 78154 HW 0.23 miles SE 2 Amazoncom Services Dsx9 1150 Schwab Rd, New Braunfels, Tx PHASE I ENVIRONMENTAL SITE ASSF.SSMF.NT 5 RAMIRE7.10.538ACRES, COMAL COUNTY, 1X 5.2 Physical Setting Sources The following sources were reviewed to provide information on the physical setting (topography, soils, and geology) of the subject property. 5.2.1 Topographic Maps The subject property lies on the New Braunfels West, Texas USGS 7.5- minute quad map (USGS 2022) (Appendix A). 5.2.2 Soil Maps The four soil types occurring on the subject property are listed below. The following soil descriptions are from the Natural Resources Conservation Service (MRCS 2022). Map ID Soil Unit Name Soil Description BrB Bolar clay loam, 1 Bolar and similar soils (90 %): Depth to restrictive feature: 20 to 40 to 3 percent slopes inches to lithic bedrock; Runoff class: Low; Hydrologic Soil Group: C; Ecological site: R081CY357TX — Clay Loam 29 -35 PZ. Minor components (19%). HeB Heiden clay, 1 to 3 Heiden and similar soils (85 %): Depth to restrictive feature: 40 to percent slopes 65 inches to densic material; Runoff class: Very high; Hydrologic Soil Group: D; Ecological site: R086AYO11TX — Southern Blackland. Minor components (15 %). Or Orif soils, moist, 0 Orif and similar soil (85 %): Depth to restrictive feature: More than to 3 percent slopes, 80 inches; Drainage class: Well drained; Runoff class: Negligible; frequently flooded Ecological site: R081CY561TX — Loamy Bottomland. Runoff class: Medium; Hydrologic Soil Group: C. Minor components: Oakalla (8 %), Riverwash (4%), Frio (2 %), Unnamed, hydric 1 %). SuB Sunev clay, 1 to 3 Sunev and similar soils (85 %): More than 80 inches; Runoff percent slopes class: Low; Hydrologic Soil Group: B; Ecological site: R081CY357TX —Clay Loam 29 -35 PZ. Minor components 15% . 5.2.3 Geologic Maps According to the USGS (2022), the outcropping geologic formation is the Leona Formation, which is described as "Fluvatile terrace deposits of gravel, sand, silt, and clay on first wide terrrace of Nueces and Leona Rivers below the level of Uvalde Formation" (Bureau of Economic Geology 1974). 5.3 Historical Use Information on the Property and Adjoining Properties 5.3.1 Historical Aerial Photographs Aerial images were obtained from Banks Environmental Data to explore changes in the use of the subject property and adjoining properties. Aerial images were obtained for the years 1938, 1952, . 1958, 1969, 1973, PHASE I ENVIRONMENTAL SITE ASSF.SSMF.NT 6 RAMIREZ.10.538ACRES, COMAL COUNTY, 1X 1983, 1995, 2004, 2010, 2016, and 2020 (Appendix D). Based on examination of these aerial photographs, it appears that very little land use changes have occurred on or adjacent to the subject property over the past 84 years. The cemetery to the west of the subject property is visible on the 1938 aerial photo. Bunker Street, which borders the eastern side of the subject property was built between the time of the 1973 photo and the 1983 photo, and the first houses built along the east side of Bunker Street appear in the 1983 aerial photo. No permanent structures or roads are clearly visible on the subject property itself in any of the aerials examined. The aerials show possible grazing use up until 1973, . particularly in the northeast corner of the property. The wetland in the center of the property is most developed in the later aerial images, starting in the 1983 aerial photo and very evident in the 1995 photo. 5.3.2 Historical Topographic Maps Banks Environmental Data was also requested to provide historical topographic maps. The maps obtained are included in Appendix E, and cover the years 1927, 1958, 1973, 1988, 2010, 2013, 2016, . 2019, and 2022. The 1927 map shows a road bisecting the property; however, this may be due to an inaccuracy or registration problem with the map. None of the other maps show any substantive changes on the subject property. 6.1 Methodology and Limiting Conditions Prior to the November 15, 2022 field visit, the subject property was carefully examined on Google Earth for all possible structure locations or other areas that might merit examination in the field, and the historical resources in appendices C, D, and E were also evaluated. Approximately 5 hours were spent on the site. During the visit, the property was inspected on foot, specifically searching for evidence of possible recognized environmental conditions. Photographs taken during the site visit are included in Appendix F. 6.2 Exterior Observations No evidence of recognized environmental conditions was noted during the site visit. No buildings, structures, wells, landfills, or other types of man -made features were observed on the subject property. No unusual changes in vegetation or soils were detected that could have been caused by release of hazardous chemicals. Vegetation communities on the subject property are a mix of grassland, shrubland, riparian woodland, and herbaceous wetland that is typical for the region. The herbaceous wetland in the center of the subject property is approximately 1.5 to 2.0 acres. The wetland appears to have been at least partially created by alterations to the hydrology of Dry Comal Creek caused by the construction of Bunker Street, and this conclusion is supported by the 1973 . and 1983 aerial photos (Appendix D). Saint Joseph's Cemetery, also known as Wenzel Cemetery, is adjacent to the subject property on the western side. It is likely that some of the remains buried in the cemetery were embalmed with formaldehyde and possibly arsenic. This is considered a de minimus condition. PHASE I ENVIRONMENTAL SITE ASSF.SSMF.NT RAMIRE7.10.538ACRES, COMAL COUNTY, 1X 6.3 Interior Observations There are no buildings on the subject property, so no interior observations were necessary. 7.0 INTERVIEWS AND QUESTIONNAIRES 7.1 Interviews with Current Owner The current owner, Mr. Randy Ramirez, was asked to complete a questionnaire regarding his knowledge of the property. The completed questionnaire is included in Appendix G. Mr. Ramirez did not have any information regarding past uses of the property that could indicate a recognized environmental condition. 7.2 Interviews with Site Managers There is no site manager for the subject property. 7.3 Interviews with Occupants There is no occupant of the subject property. 7.4 Interview with Local Government Official The Schertz Fire Department was contacted by telephone on November 10, 2022. Ms. Felicia Canales stated that their office provides such information if a public request is submitted, which was subsequently filed. A reply was received on November 21, 2022 stating that the Schertz Fire Rescue response records are recorded by specific street address only and that they have no records. A copy of the initial request, the public records request, and the reply are included in Appendix G. Mr. Jason Cline (Comal County Fire Marshall) was contacted by telephone on November 22, 2022. He stated that the Fire Marshall does not keep records of past chemical contamination, accidents, or fires on the subject property and that the question should be directed to the local fire department (Appendix G). 7.5 User Questionnaires Representatives of the Great Springs Project, the City of Schertz, and Mr. Randy Ramirez (the current owner) were all asked to complete user questionnaires, which are provided in Appendix G. 8.0 FINDINGS No "recognized environmental conditions" were noted or inferred on the subject property. The only de minimus condition on the subject property was the presence of several discarded tires in the oak grove on the eastern side of the subject property. PHASE I ENVIRONMENTAL SITE ASSF.SSMF.NT 8 RAMIRE7.10.538ACRES, COMAL COUNTY, 1X 9.0 OPINION Based on the information obtained from the site visits, interviews, historical sources, and agency records, RainCrow believes that no recognized or suspect environmental conditions have impacted or are currently impacting the subject property, and that no further studies or assessments are warranted. 10.0 CONCLUSIONS RainCrow has performed a Phase I Environmental Site Assessment in conformance with the scope and limitations of ASTM Practice E 1527 -21 of the Ramirez 10.538 acres in Comal County, Texas. Any exceptions to, or deletions from, this practice are identified in Section 1.1.0 of this report. This assessment has revealed no evidence of recognized environmental conditions in connection with the subject property. No deviations, additions, or deletions from ASTM Standard E 1527 -21 have been undertaken as part of this report. 12.0 ADDITIONAL SERVICES No additional services were requested for this property. 13.0 REFERENCES American. Society of Testing and Materials (ASTM). 2021. Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. Bureau of Economic Geology (BEG). 1974. San Antonio Sheet, Geologic Atlas of Texas, University of Texas, Bureau of Economic Geology, scale 1:250,000. Comal County Appraisal District (Coma] CAD). 2022. Appraisal data for account number 56613. Available at h�tps:// propaccess. t�- ueautomation. com/ clientdblPro�erty ,as�x`?cid= 56�prop id= 56613�year =20 22. Last accessed November 2022.] Natural Resources Conservation Service (MRCS). 2022. Web soil survey. Available at https. / /websoilsurve nres.usda.gov /app/. Last accessed November 2022. U.S. Geological Survey (USGS). 2022. National Map website at https: / /apps.national a . govNiewer /. Last accessed November 2022. 14.0 WARRANTY AND SIGNATURES The field observations and research reported in this Phase I Environmental Site Assessment are sufficient in detail and scope to form a reasonable basis for a general environmental site assessment of the subject property. RainCrow warrants that the findings and conclusions contained herein have been promulgated in accordance with generally accepted environmental methods and relate only to the property described in the PHASE I ENVIRONMENTAL SITE ASSF.SSMF.NT 9 RAMIRE7.10.538ACRES, COMAL COUNTY, 1X report. The environmental methods used are intended to provide the User with information regarding the apparent indication of existing or potential environmental conditions relating to the subject site and are necessarily limited to the conditions observed at the time of the site visit. The report is also limited to the information that was available at the time the report was prepared. In the event additional information is provided to RainCrow following the completion of the report, it will be forwarded to the User in the form received for evaluation by the User. There is a possibility that conditions may exist which could not be identified within the scope of the assessment, or which were not apparent during the site visit. RainCrow believes that the information obtained from others during the record review of public information and interviews concerning the site are reliable; however, RainCrow cannot warrant or guarantee that the information provided by others is complete or accurate. This report was prepared for the exclusive use of Great Springs Project, the City of Schertz, and Mr. Randy Ramirez. Reproductions of the report shall not be made available without the expressed approval of the same. The general terms and conditions under which this assessment has been prepared apply solely to the client for whom it was prepared. No other warranties are implied or expressed. 15.0 SIGNATURE I have performed a Phase I Environmental Site Assessment in conformance with the limitations described herein for the Ramirez 10.538 acres subject property. The findings of this assessment are completely and accurately documented in this report. I declare that, to the best of my professional knowledge and belief, I meet the definition of "environmental professional" as defined in Section 312.10 of 40 CFR 312. I have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject property. I have developed and performed all the appropriate inquiries in conformance with the standards and practices set forth in 40 CFR 312. November 28 2022 Prepared by Date 16.0 QUALIFICATIONS OF ENVIRONMENTAL PROFESSIONAL Clifton. Ladd, C.W.B. has 35+ years experience working on ecological projects in the southern United States, including over 30 years in environmental consulting and two years as manager of the Travis County Natural Resources Program. He has over 20 years' experience in preparing Phase I Environmental Site Assessments. He holds a B.A. in biology from the University of Texas at Austin (1980) and an M.S. in wildlife biology from Texas State University (1.985). He is registered as a Certified Wildlife Biologist (C.W.B.) by the Wildlife Society (1989). His principal fields of training and experience are terrestrial and wetland ecology, wildlife management, endangered species, ornithology, and environmental assessment. His experience has been primarily with terrestrial habitats and species in the southeastern and southwestern United States. PHASE I ENVIRONMF,NTAL SITE ASSE,SSMF,NT 10 RAMIRE7.10.538 ACRES, COMAL COUNTY, TX Figures Figure 1. Project location Figure 2. Aerial photo Figure 3. Soils f N \ W E' S dd -7- b Idt, ��IP �` ��F �? � � `""°�� �` :✓ j f ,111 4 r ,, "� M:✓'� �- z l Fax A9rp I ;mss r i ��, °�- ._,� •� --w � ' yr' �,,�� `� . _ __ `s�yet '1 !` Y1P � r t 1{ r A N Saints Peter Aa2 and Paut " µ l „ Y f "IN y,„ C bhp C+Dl b l r, r lit f c [ l n �p Saint �. dCQ ° Josephs s� 4fOfQ Cem y j SCHE ii l.St I '"5 a y N��a5� � wK'� � ��,0,@ _.• ?1 lam/ � X ��� "�'t 't?�� � ��, Ir SAG " vq s w "'� \N r; �� J Date: 2022 Feet Quad: New Braunfels West, TX 0 1,000 2,000 4,000 ENVIRONMENTAL DATA A DIVISION OF TNB BANKS GROUP f e# � Boundary Survey COPYRIGHT © 2022 ALLIANCE LAND SURVEYORS LLC. All rights reserved. Improvements shown on this survey may not portray exact shape and size and are for general illustration purposes. Appendix C Environmental Database Report Prepared for: RAINCROW WILDLIFE CONSULTING - Austin 1509 Newning Avenue Austin, TX 78704-2534 Regulatory Database ASTM E 1527 -21 /AA1 Compliant Ramirez 10.538 acres TX PO #: 221 101 ES- 141053 Tuesday, November 8, 2022 PFG--FS- 14 1053a2c45757.pdf yanks Fnviro- Fnentd Dato, PO Pox 12851 - Austin, TX 7871 1 - 800.531.5255 P - 512.478.1 433 F uj w w,b a nkservd a I acom zy Table of Contents jdw PANKS ENVIRONMENTAL DAM SION OF THE BANKS GROUP Pogo 2 yanks Environmental Data, Inc. - PO [sox 12851 - Austin, TX 7x371 1 - 800,53 1.5255 P - 512.478.1433 F wwwbankservdaic.com Geographic Summary PANKS I NVIRONMENTAL DAM SION OF THE BANKS GROUP Pogo 3 yanks Environmental Data, Inc. - F10 [sox 12851 - Austin, TX 7x371 1 - 800,53 1.5255 P - 512.478.1433 F wwwbankservdalo.corn zy Database Summary PANKS I NVIRONMENTAL DAM SION OF THE BANKS GROUP Pogo 4 yanks Environmental Data, Inc. - PO 5ox 12851 - Austin, TX 7871 1 - 800-53 .5255 P - 512.478.1433 F ujujw,banksvnvda1c.com Summary Map - 0.25 Mile Buffer PANKS I NVIRONMENTAL DATA SION OF THE BANKS GROUP Pogo 5 banks Environmental Data, Inc. - PO 5ox 12351 -- Austin, TX 7371 1 -- 800,53 1.5255 P - 5 12.478,1433 F wwwbankservdalacom Summary Map - 0.5 Mile Buffer PANKS I NVIRONMENTAL DATA SION OF THE BANKS GROUP Pogo 6 banks Environmental Data, Inc. - PO 5ox 12351 -- Austin, TX 7371 1 -- 800,53 1.5255 P - 5 12.478,1433 F wwwbankservdafacom Summary Map -1 Mile Buffer PANKS I NVIRONMENTAL DATA SION OF THE BANKS GROUP Pogo 7 banks Environmental Data, Inc. - PO 5ox 12351 -- Austin, TX 7371 1 -- 800,53 1.5255 P - 5 12.478,1433 F wwwbankservdafacom Topographic Overlay Map - 1 Mile Buffer PANKS I NVIRONMENTAL DATA SION OF THE BANKS GROUP Pogo 8 banks Environmental Data, Inc. - PO 5ox 12351 -- Austin, TX 7371 1 -- 800,53 1.5255 P - 5 12.478,1433 F wwwbankservdalacom Current Imagery Overlay Map - 0.5 Mile Buffer PANKS I NVIRONMENTAL DATA SION OF THE BANKS GROUP Pogo 9 banks Environmental Data, Inc. - PO 5ox 12351 -- Austin, TX 7371 1 -- 800,53 1.5255 P - 5 12.478,1433 F wwwbankservdalacom Soil Survey Map - 0.25 Mile Buffer PANKS I NVIRONMENTAL DATA SION OF THE BANKS GROUP Pogo /0 banks Environmental Data, Inc. - PO 5ox 12351 - Austin, TX 7371 1 - 800,531.5255 P - 5 12.478,1433 F wwwbankservdafacom Soils AjW PANKS ENVIRONMENTAL DADA SION OF THE BANKS GROUP Soils Types Found Target Property SuB, Or, BrB, HeB Within 0.25 miles of Target Property ByB, SuB, HeC3, AnB, BrB, ByB, HeB, BrB, SuB, Or, LeB, ByB, AgC3, Au B, ByB Sell Type Descriptions AgC3 - Altoga silty clay, 2 to 5 percent slopes, eroded Percent Hydric 0 Minimum Depth to Bedrock Altoga, eroded (92 percent) Hydrologic Group Moderately low runoff potential Soil Drainage Class Well drained Corrosion Potential - Uncoated Steel High Depth to Restrictive Feature Horizon Soil Texture Upper Boundary Lower Boundary AASHTO Unified Ap Silty clay 0 cm 18 cm A-7-6 CH BCk Silty clay 91 cm 152 cm A-6, A-7-6 CH, CL Bk Silty clay 18 cm 91 cm A-6, A-7-6 CH, CL Heiden, eroded (8 percent) Hydrologic Group High runoff potential Soil Drainage Class Well drained Corrosion Potential - Uncoated Steel High Depth to Restrictive Feature AnB - An haft clay, I to 3 percent slopes Percent Hydric 0 Minimum Depth to Bedrock 74 cm Anhalt (92 percent) Hydrologic Group High runoff potential Soil Drainage Class Well drained Corrosion Potential - Uncoated Steel High Depth to Restrictive Feature 51 to 102 cm to Paralithic bedrock Horizon Soil Texture Upper Boundary Lower Boundary AASHTO Unified Ap Clay 0 cm 15 cm A-7-6 CH assl Clay 15 cm 38 cm A-7-6 CH Bss2 Clay 38 cm 74 cm A-7-6 CH Cr Bedrock 74 cm 152 cm Tarpley (6 percent) Hydrologic Group Soil Drainage Class Well drained Corrosion Potential - Uncoated Steel Depth to Restrictive Feature 33 to 50 orn to Lithic bedrock Krum (2 percent) Hydrologic Group Soil Drainage Class Well drained Corrosion Potential - Uncoated Steel Depth to Restrictive Feature AuB - Austin-Castephen complex, 1 to 3 percent slopes Percent Hydric 0 Minimum Depth to Bedrock 46 cm Page / I yanks Fnvironmentcl Data, Inc. - PO 5ox 12851 - Austin, TX 7871 1 - 800-53 .5255 P -- 5 2.478.1433 F ujujwbanksenvdala.com BrB - Solar clay loam, I to 3 percent slopes Soils PNVII Aral Austin (60 percent) Hydrologic Group Moderately high runoff potential Soil Drainage Class Well drained Corrosion Potential - Uncoated Steel High Depth to Restrictive Feature 51 to 102 cm to Paralithic bedrock Horizon Soil Texture Upper Boundary Lower Boundary AASHTO Unified HI Silty clay 0 cm 28 cm A-7-6 CH, CL H2 Silty clay 28 cm 61 cm A-6, A-7-6 CH, CL H3 Bedrock 61 cm 86 cm Castephen (30 percent) Hydrologic Group High runoff potential Soil Drainage Class Well drained Corrosion Potential - Uncoated Steel Moderate Depth to Restrictive Feature 20 to 51 cm to Paralithic bedrock Horizon Soil Texture Upper Boundary Lower Boundary AASHTO Unified H1 Silty clay loam 0 cm 46 cm A-6, A-7-6 CH, CL H2 Bedrock 46 cm 51 cm BrB - Solar clay loam, I to 3 percent slopes Percent Hydric 0 Minimum Depth to Bedrock 71 cm Solar (90 percent) Hydrologic Group Moderately high runoff potential Sell Drainage Class Well drained Corrosion Potential - Uncoated Steel Moderate Depth to Restrictive Featurei 51 to 102 cm to Lithic bedrock Horizon Soil Texture Upper Boundary Lower Boundary AASHTO Unified A Clay loam 0 cm 36 cm A-6, A-7-6 CH, CL, GC Sk Clay loam 36 cm 71 cm A-6, A-7-6 CL, GC R Bedrock 71 cm 203 cm Denton (3 percent) Hydrologic Group Soil Drainage Class Well drained Corrosion Potential - Uncoated Steel Depth to Restrictive Feature 102 to 152 cm to Lithic bedrock Krum (3 percent) Hydrologic Group Soil Drainage Class Well drained Corrosion Potential - Uncoated Steel Depth to Restrictive Feature Doss (2 percent) Hydrologic Group Soil Drainage Class Well drained Corrosion Potential - Uncoated Steel Depth to Restrictive Feature 28 to 51 cm to Paralithic bedrock Sunev (2 percent) Hydrologic Group Soil Drainage Class Well drained Corrosion Potential - Uncoated Steel Depth to Restrictive Feature Page 12 Banks Environmental Data, inc. - PO Pox 12851 - Austin, TX 7871 1 - 800-53 1.5255 P - 51 _'.478.1433 F ujujw,bcnksenvdaIa.com Page l3 yanks Fnvironmentd Data, irnc. - PO Sox 1 2851 - Austin, TX 7871 1 - 8M531.5255 R - 512.478.1433 F =jwbankservdala.com Soils PNVII Aral ByS - Branyon clay, I to 3 percent slopes Percent Hydric 0 Minimum Depth to Bedrock Branyon (85 percent) Hydrologic Group High runoff potential SO Drainage Class Moderately well drained Corrosion Potential - Uncoated Steel High Depth to Restrictive Feature Horizon Soil Texture Upper Boundary Lower Boundary AASHTO Unified Ap Clay 0 cm 31 cm A-7-6 CH BCkss Clay 183 Cm 203 cm A-6, A-7-6 CH, CL Bkss Clay 31 cm 183 cm A-7-6 CH Burleson (5 percent) Hydrologic Group High runoff potential Soil Drainage Class Moderately well drained Corrosion Potential - Uncoated Steel High Depth to Restrictive Feature Houston Black (5 percent) Hydrologic Group High runoff potential Soil Drainage Class Moderately well drained Corrosion Potential - Uncoated Steel High Depth to Restrictive Feature Lewisville (5 percent) Hydrologic Group Moderately low runoff potential Soil Drainage Class Well drained Corrosion Potential - Uncoated Steel High Depth to Restrictive Feature HeS - Heiden clay, 1 to 3 percent slopes Percent Hydric 0 Minimum Depth to Bedrock Heiden (85 percent) Hydrologic Group High runoff potential Soil Drainage Class Well drained Corrosion Potential - Uncoated Steel High Depth to Restrictive Feature 102 to 165 cm to Densic material Horizon Soil Texture Upper Boundary Lower Boundary AASHTO Unified A Clay 15 cm 46 cm A-7-6 CH Ap Clay 0 cm 15 cm A-7-6 CH Bkss Clay 46 cm 147 cm A-7-6 CH CBdk Clay 147 cm 178 cm A-7-6 CH Houston Black (10 percent) Hydrologic Group High runoff potential Soil Drainage Class Moderately well drained Corrosion Potential - Uncoated Steel High Depth to Restrictive Feature Ferris (5 percent) Hydrologic Group High runoff potential Soil Drainage Class Well drained Corrosion Potential - Uncoated Steel High Depth to Restrictive Feature 100 to 152 cm to Densic bedrock Page l3 yanks Fnvironmentd Data, irnc. - PO Sox 1 2851 - Austin, TX 7871 1 - 8M531.5255 R - 512.478.1433 F =jwbankservdala.com Page / 4 Banks Fnvironmentcl Data, Inc. -- PO 5ox 12851 - Austin, TX 7871 1 - 800-53 15255 P -- 512.478.1433 F wwwbanksenvdala.com Soils PNVII Aral HeC3 - Heiden clay, 3 to 5 percent slopes, eroded Percent Hydric 0 Minimum Depth to Bedrock Heiden, moderately eroded (85 percent) Hydrologic Group High runoff potential Soil Drainage Class Well drained Corrosion Potential - Uncoated Steel High Depth to Restrictive Features 102 to 165 cm to Densic material Horizon Soil Texture Upper Boundary Lower Boundary AASHTO Unified A Clay 0 cm 33 cm A-7-6 CH Bkss Clay 56 cm 147 cm A-7-6 CH Bss Clay 33 cm 56 cm A-7-6 CH CBdk Clay 147 am 203 cm A-7-6 CH Houston Black (10 percent) Hydrologic Group High runoff potential Soil Drainage Class Moderately well drained Corrosion Potential - Uncoated Steel High Depth to Restrictive Feature Ferris, severely eroded (5 percent) Hydrologic Group High runoff potential Soil Drainage Class Well drained Corrosion Potential - Uncoated Steel High Depth to Restrictive Feature 100 to 152 cm to Densic bedrock LeB - Lewisville silty clay, I to 3 percent slopes Percent Hydric 0 Minimum Depth to Bedrock Lewisville (85 percent) Hydrologic Group Moderately low runoff potential Soil Drainage Class Well drained Corrosion Potential - Uncoated Steel High Depth to Restrictive Feature Horizon Soil Texture Upper Boundary Lower Boundary AASHTO Unified Ap Silty clay 0 cm 39 cm A-7-6 CH Bk1 Silty clay 39 am 97 am A-6, A-7-6 CH, CL Bk2 Silty clay 97 cm 175 cm A-6, A-7-6 CH, CL Altoga (10 percent) Hydrologic Group Moderately low runoff potential Soil Drainage Class Well drained Corrosion Potential - Uncoated Steel High Depth to Restrictive Feature Branyon (5 percent) Hydrologic Group High runoff potential Soil Drainage Class Moderately well drained Corrosion Potential - Uncoated Steel High Depth to Restrictive Feature Or - Orif soils, moist, 0 to 3 percent slopes, frequently flooded Percent Hydric 1 Minimum Depth to Bedrock Page / 4 Banks Fnvironmentcl Data, Inc. -- PO 5ox 12851 - Austin, TX 7871 1 - 800-53 15255 P -- 512.478.1433 F wwwbanksenvdala.com Page l5 Banks Fnvironmental Data, Inc. -- PO Sox 1285 1 - /-\ustin, TX 7871 1 - 800,53 1.5255 P -- 512.478.1433 F ujujw,bcnksenvda1c.com Soils PNVII Aral Orif, moist (85 percent) Hydrologic Group Low runoff potential Soil Drainage Class Well drained Corrosion Potential - Uncoated Steel Low Depth to Restrictive Feature Horizon Soil Texture Upper Boundary Lower Boundary AASHTO Unified 2C1 Extremely gravelly loamy sand 51 cm 152 cm A -1 -a, A-1 -b GC-GM, GP-GM, GW 3C2 Coarse sand 152 cm 203 cm A -1 -a, A-1 -b, A-2-4 GP, GP-GC' GW, S"M' Sp- sm, SW-SM A Gravelly loamy sand 0 cm 51 cm A -1 -a, A -1 -b, A-24 GM, GP-GM, SC-SM, SM Oakalla (8 percent) Hydrologic Group Sell Drainage Class Well drained Corrosion Potential - Uncoated Steel Depth to Restrictive Feature Riverwash (4 percent) Hydrologic Group Low runoff potential Soil Drainage Class Well drained Corrosion Potential - Uncoated Steel Depth to Restrictive Feature Frio (2 percent) Hydrologic Group Soil Drainage Class Well drained Corrosion Potential - Uncoated Steel Depth to Restrictive Feature Unnamed, hydric (1 percent) Hydrologic Group Soil Drainage Class Somewhat poorly drained Corrosion Potential - Uncoated Steel Depth to Restrictive Feature SuS - Sunev clay loam, I to 3 percent slopes Percent Hydric 0 Minimum Depth to Bedrock Sunev (85 percent) Hydrologic Group Moderately low runoff potential Soil Drainage Class Well drained Corrosion Potential - Uncoated Steel Moderate Depth to Restrictive Feature Horizon Soil Texture Upper Boundary Lower Boundary AASHTO Unified HI Clay loam 0 cm 28 cm A-6, A-7-6 CH, CL H2 Clay loam 28 cm 89 cm A4, A-6 CL H3 Clay loam 89 cm 114 cm A-4, A-6, A-7-6 CL Page l5 Banks Fnvironmental Data, Inc. -- PO Sox 1285 1 - /-\ustin, TX 7871 1 - 800,53 1.5255 P -- 512.478.1433 F ujujw,bcnksenvda1c.com Soils Descriptions PANKS I NVIRONMENTAL DAM SION OF THE BANKS GROUP Natural Resources Conservation Service, Soil Survey Geographic (SSURGO) Database. Page 16 Banks Environmental Data, Inc. - F10 [sox 12851 - Austin, TX 7x371 1 - 800,53 1.5255 P - 512.478.1433 F wwwbankservdalo.com Water & Oil/Gas Wells Map - 0.25 Mile Buffer BANKS ENVIRONMENTAL DAM SION OF THE BANKS GROUP Pogo 17 banks Environmental Data, Inc. - F10 box 2851 - Austin, TX 7371 1 - 800,531.5255 P - 5 12.478,1433 F www,bankservdalo.com Water & Oil/Gas Wells jdw PANKS ENVIRONMENTAL DAM SION OF THE BANKS GROUP USGS293855098125901 USGS Water: Not Reported 684 ft Page l8 Banks Environmental Data, Inc. - F10 5ox 12851 - Austin, TX 7871 1 - 800,53 .5255 P - 512.478.1433 F ujujw,bcnksenvda1a.com Mapped Sites Summary PANKS I NVRONMENTAL DAM SION OF THE BANKS GROUP Sites are sorted by database tier, database, and distance from the target site. 1 RCRA GEN 0.23 miles SE 2 AMAZONCOM SERVICES DSX9 1150 1150 SCHWAB RD, NEW BRAUNFELS, TX 22 78132-4987 PST 0.16 miles SW I ORICA NEW BRAUNFELS 21541 OLD NACOGDOCHES RD, NEW 24 BRAUNFELS, TX 78131 PST 0.23 miles SE 2 LACKS DISTRIBUTION CENTER 1150 SCHWAB RD, SCHERTZ, TX 78154 25 End of Mapped Sites Summary Section Page / 9 yanks Environmental Data, Inc. - PO Sox 12851 - Austin, TX 78711 - 800,53 1.5255 P - 512.478.1433 F wwwbankservdalo.com Distance from Target .......... Database Property Map ID Facility Site Name FedlitjSiie'Address Page Sites are sorted by database tier, database, and distance from the target site. 1 RCRA GEN 0.23 miles SE 2 AMAZONCOM SERVICES DSX9 1150 1150 SCHWAB RD, NEW BRAUNFELS, TX 22 78132-4987 PST 0.16 miles SW I ORICA NEW BRAUNFELS 21541 OLD NACOGDOCHES RD, NEW 24 BRAUNFELS, TX 78131 PST 0.23 miles SE 2 LACKS DISTRIBUTION CENTER 1150 SCHWAB RD, SCHERTZ, TX 78154 25 End of Mapped Sites Summary Section Page / 9 yanks Environmental Data, Inc. - PO Sox 12851 - Austin, TX 78711 - 800,53 1.5255 P - 512.478.1433 F wwwbankservdalo.com Unmapped Sites Summary PANKS I NVIRONMENTAL DAM SION OF THE BANKS GROUP *Sites are sorted by database tier and database. End of Unmapped Sites Summary Section Page 20 Banks Fnvironmentcl Data, Inc. -- PO 5ox 12851 - Austin, TX 7871 1 - 800.531 5255 P -- 512.478.1433 F wwwbanksenvdala.com site Database Facility Site Name Facility Site Address Details Page # *Sites are sorted by database tier and database. End of Unmapped Sites Summary Section Page 20 Banks Fnvironmentcl Data, Inc. -- PO 5ox 12851 - Austin, TX 7871 1 - 800.531 5255 P -- 512.478.1433 F wwwbanksenvdala.com Zip Code Map -1 Mile Buffer PANKS I NVIRONMENTAL DATA SION OF THE BANKS GROUP Pogo 21 banks Environmental Data, Inc. - PO 5ox 12351 - Austin, TX 7371 1 - 800,53 1.5255 P - 5 12.478,1433 F wwwbankservdafacom zy MaplD 2: RCRA GEN - 1150 1150 SCHWAB RD PAW BAWS ENVIRONMENTAL DAM A DIVISION OF THE BANKS GROUT' Status: Owner Name: Operator Name: Mailing Address Street* Mailing Address Street: Mailing Address Street: Mailing Address City: Mailing Address State: Mailing Address Zip: Contact Name: Contact Address Street #: Contact Address Street: Contact Address Street: Contact Address City: Contact Address State: Contact Address Zip: Contact Phone: Contact Email Address: Government Performance and Results Act (GPRA) Permit: Government Performance and Results Act (GPRA) Correct Permit Workload: Closure Workload, Post-Closure Workload: Subject to Corrective Action: Subject to Corrective Action 3004: Subject to Corrective Action Non-TSDF-. Corrective Action Workload: Generator Status: Nuclear Mixed Waste Handier: Onsite Burner Exemption: Furnace Exemption: Underground Injection Activity: NAIC Description 1: Federal Generator Class: State Generator Class: Environmental Controls in Place: Institutional Controls in Place: Groundwater Controls in Place. Significant Non-Compliance: Unaddressed Significant Non-Complier- Addressed Significant Non-Complier: Significant Non-Complier with Compliance Schedule: Short Term Generator: Mixed Waste Generator: Transfer Facility: Importer Activity: Transporter Activity: Recycler Activity: Receives waste from OffsIte: Active Site - Handler Activities; AMAZONCOM SERVICES LLC AMAZONCOM SERVICES LLC PO BOX 80842 SEATTLE WA 98108-0842 WA 98108-0842 602-885-4235 The facility does not exist on the Operating/Post-Closure Permit Baseline. No No No No Small Quantity Generator No No No No GENERAL WAREHOUSING AND STORAGE Pogo I of 2 Back to Mops Section / hock to Summary Section page 22 Banks Fnvironmentcl Data, Inc. - PO Box 12851 - Austin, TX 7871 1 - 800_'53 1.5255 P - 512.478.1433 F wujw,bcnkservdcIa.com MaplD 2: RCRA GEN - 1150 1150 SCHWAB RD PANKS I NVIRONMENTAL DAM SION OF THE BANKS GROUP Continued from Previous Page 2,7-NAPHTHALENEDISULFONIC ACID,3,3'-[(3,3'-DIMETHYL[1,1'-BIPHENYL]-4,4'-DIYL)BIS(AZO)BIS[5-AMINO-4-HYDROXY] -, TETRASODIUM SALT (OR) TRYPAN BLUE 2H-1-BENZOPYRAN-2-ONE, 4-HYDROXY-3-(3-OXO-1-PHENYL-BUTYL)-, & SALTS, WHEN PRESENT AT CONCENTRATIONS OF 0.3% OR LESS (OR) WARFARIN, & SALTS, WHEN PRESENT AT CONCENTRATIONS OF 0.3% OR LESS BENZENE BERYLLIUM CADMIUM CHROMIUM CORROSIVE WASTE DIETHYLSTILBESTEI IGNITABLE WASTE LEAD M-CRESOL METHANE, DICHLORO- (OR) METHYLENE CHLORIDE NICOTINE, & SALTS (OR) PYRIDINE, 3-(1-METHYL-2-PYRROLIDINYL)-,(S)-, & SALTS REACTIVE WASTE SELENIUM SULFIDE (OR) SELENIUM SULFIDE SES2 (R,T) TETRACHLOROETHYLENE End of RCRA GEN Sites Section Pogo 2 of 2 Back -10 Mops Section / hock to Summary Section page 23 Banks Fnvironmental Data, Inc. - DO Box 12851 - A jsfln, TX 7871 1 - 800-'53 1.5255 P - 512.478.1433 F wwwbankservdala.com MapID 1: PST - 21541 OLD NACOGDOCHES RD BAN jdw I<S ENVIRONMENTAL DADA A DIVISION OF THE BANKS GROUT' Map ID #1 Facility #: 66720 PST - State/Tribal Storage Tank TCEQ Customer ID: 100330 Source: TCEQ Banks ID: 66720 ORICA NEW BRAUNFELS Rel. Loc.: 0.16 miles SW 21541 OLD NACOGDOCHES RD, NEW BRAUNFELS, TX 78131 Elevation: 691.15 feet (+691.15) Facility Contact Name: JACK WICKHAM Facility Contact Phone: 8306251111 Facility Status: ACTIVE Facility Type., INDUST/MFG]CHEM PLANT Number of ASTs: 2 Number of USTs: 0 Tank #* #1 #2 Status: Status Date: 6/1/1995 6/1/1995 Capacity: 4000 4000 Install Date: 6/1/1995 6/1/1995 Above or Below Ground Tank: above above Unit ID: 174470 174471 Construction Material: Steel Steel Piping Type: Pipings Material: Tank Contents: DIESEL DIESEL Corrosion Protection: Piping Corrosion Protection: Pogo I of / bock -10 Mops Section / bock to Summary Section Poge 24 Banks Environmental Data, Inc. - PO 5ox 12851 - Austin, TX 7871 1 - 800-'53 1.5255 P - 512.478.1433 F wujw,bankservdaIa.com MaplD 2: PST - 1150 SCHWAB RD BANKS ENVIRONMENTAL DAM SION OF THE BANKS GROUP End of PST Sites Section Pogo I of I Stock to Mops Section / Dock to Summary Section Poge 25 Banks Fnvironmental Data, Inc. - F10 5ox 12851 - Austin, TX 7871 1 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com zy MapID 2: HW -1150 SCHWAB RD PAW BAWS ENVIRONMENTAL DAM A DIVISION OF THE BANKS GROUT' Status: ACTIVE Location Description: 425503 Additional State ID: 131258 Permit Number: 4090409H Facility Type: Generator Facility Contact Name: PATRICIA SL Facility Contact Phone: 602-8854235 425502 3190319H Inorganic Solids - Other Waste Inorganic Solids; BROKEN TUBES; MATCHES; BIO-BLUE 425503 4070407H Organic Solids - Other Halogenated Organic Solids; LT BROMINATING TABS; FLUIDMAS 425504 4090409H Organic Solids - Other Non-Halogenated Organic Solids; TOXIC LOOSEPTACK SOLIDS; E 425505 7010701H Inorganic Gases - Inorganic Gases; NITROUS OXIDE CYLINDER 425506 8010801H "Organic Gases - Organic Gases; FLAMMABLE/CORROSIVE AEROSOLS; FLAMMABLE AEROSOLS; 370109 00012061 USED OIL 371115 00020031 This is an annual clean-up. 371116 0003003H Annual clean-up of waste. This is la one time waste. 371434 00043191 Spent NON PCB Ballast 371715 00054891 This is from a oil based spill using clay based absorbent. 371716 00064891 This is from a spill or normal operation when rags or absorbent pads or booms ar 372288 00073191 Removing old desiccant from the site. 372858 00083191 This is empty plastic containers. Oil containers, moly lube. 372984 0009319H This is broken fluorescent bulbs. 373454 00103191 This is from a battery spill cleanup.Acid was neutralized using a purchased kit. 376757 00112051 Waste Water from floor sweeper, water and coolant from saws and rain water clean 378566 0012209H This is the residual fluid from punctured aerosol cans 378568 00132191 This is a product diluted with water to etch stainless pipes. 378569 0014206H Used Oil with a degreaser. This is a one time instance.; One time shipment. 383369 00153891 This spent blast media (Almandine & Pyrope Gamet)in pepping material for paintil 386222 0016119H 12k gal of water & 600 gal of 15% HCL mixture for heat exchanger clean-out. This 387936 00172961 Glycol is being removed from new motors and pumps for further manufacturing. 388560 0018319H This is laser engraving tape. This is a one time shipment. A new tape has been o 388735 00191011 This small drum was found during a clean up effort. Analytical was taken and a c 390004 00202051 Fuel Mixture resulted due to a spill clean up activity. It is a one time waste t 390303 00211191 Silicone and water mixture resulted from the gauge repairs 393289 0022110H Used to clean rust from metal.; Initial waste code determination used in incorre 394281 00231101 Used for rust removal 394345 0024219H Liquid mixture generated from punctured Aerosol cans 403933 0025219H Preservative 407182 0026105H UNUSED PRODUCT "CITRISURF" SURFACTANT AND VPC1-425 (PHOSPHORIC ACID) FOR DISPOSA 407183 00273191 USED INK CARTRIDGES 407184 00288011 PART A / B CATALYST CYLINDERS 424731 0029105H ITEMS CONTAINING ACIDIC/CORROSIVE LIQUIDS THAT ARE DAMAGED, RECALLED OR OTHERWIS 425493 1050105H "Inorganic Liquids - Acidic Aqueous Waste;RID 0 RUST STAIN REMOVER;ZING FORMULA 425494 1100110H "Inorganic Liquids - Caustic Aqueous Waste; IRON- X SNOW SOAP; SODIUM HYDROXIDE 425495 1110111H Inorganic Liquids - Aqueous Waste With Reactive Sulfides; AMMONIUM SULFIDE SOON 425496 2020202H Organic Liquids - Halogenated (e.g., Chlorinated) Solvent; DICHLOROMETHANE 425497 2120212H Organic Liquids - Reactive or Polymerizable Organic Liquids; PYROPHORIC WX LIQUI 425498 2190219H "Organic Liquids - Other Organic Liquids; FLAMMABLE LIQUID BULK; BULK FUEL (GAS 425499 3090309H Inorganic Solids - Batteries or Battery Parts, Casings, Cores; LEAKING ALKALINE; 425500 3150315H Inorganic Solids - Other reactive salts/chemicals; fireworks; brake power loads; 425501 3160316H Inorganic Solids - Other metal salts/chemicals; TOY SMOKE DEVICE; STUMP REMOVER; Pogo I of 2 Bock to Mops Section / Bock to 5ummory Section Poge 26 Punks Environmental Doto, Inc. - PO box 12851 -- Austin, TX 7871 1 - 80C_).53 1.5255 P - 5 12.478,1433 F wujw,bonksenVdo10.00M MaplD 2: HW -1150 SCHWAB RD BANKS ENVIRONMENTAL DAM SION OF THE BANKS GROUP Continued from Previous Page End of HW Sites Section Pogo 2 of 2 Back -10 Mops Section / hock to Summary Section page 27 Banks Fnvironmental Data, Inc. - PO Box 12851 - A jstin, TX 7871 1 - 800-'53 1.5255 P - 512.478.1433 F wwwbankservdala.com Unmapped Sites Details: ERNS (414295) BANKS ENVIRONMENTAL DADA SION OF THE BANKS GROUP Responsible Party: Incident Location, Incident Date/Time: Cause of Incident: Description of Incident: Incident Type: Additional Information: Any Fatalities: Number of Fatalities: Remedial Action Taken Medium Affected: Medium Description., Railroad Involved: Pipeline Type Involved- Source: 12/3/1997 11:20 PM 13 CAR DERAILMENT DUE TO UNKNOWN CAUSE / TRAIN DIRECTION/SPEED: UNKTRACK SPEED: UNKNOWN TRAIN HAD 3 ENGINES, 127 CARS DERAILED CAR NUMBERS ARE UNAVAILABLE AT THIS TIME, BUT ALL CARS WERECARRYING COAL. RAIL REPORT (N/A) UNION PACIFIC RAILROAD UNAVAILABLE Pogo I of I bock -10 Mops Section / bock to Summary Section Poge 28 Banks Fnvironmentcl Data, Inc. - DO 5ox 12851 - Austin, TX 7871 1 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com Pogo I of I back to Maps Section i back to Summary Section pgge 29 Banks Environmental Data, Inc. - PO Dox 1 2851 - Austin, TX 7871 1 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com BAND Unmapped Sites Details: ERNS (576979) jdw ENVIRONMENTAL DATA A DIVISION OF THE BANKS GROUP ERNS - ERNS List Source: EPAfNational Response+ Center NRC Report : 576979 Secondary ID: NA Banks la: 576979', NEW BRAUNFELS, TX Responsible Party: UNION PACIFIC RAILROAD Incident Location: SUBDIVISION AUSTIN MILEPOST 231.75 Incident Date /Time: 8/18/2001 8:07 PM Cause of Incident: UNKNOWN Description of Incident: THE CALLER IS REPORTING AN 8 CAR DERAILMENT AND SPILL OF MATERIAL FROM THE CARS. Incident Type: RAILROAD Additional Information: THE CALLER DID NOT HAVE ANY CAR INFORMATION. Any Fatalities: No Number of Fatalities: Remedial Action Taken: HULCHER SERVICES IS ENROUTE TO RERAIL CARS Medium Affected: BALLAST Medium Description: Railroad Involved: UNION PACIFIC Pipeline Type Involved: + Source: TELEPHONE Materials Spilled LIMESTONE Pogo I of I back to Maps Section i back to Summary Section pgge 29 Banks Environmental Data, Inc. - PO Dox 1 2851 - Austin, TX 7871 1 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com Pogo I of l back to Maps Section i back to Summary Section page 30 Banks Environmental Data, Inc. - PO Dox 12851 - Austin, TX 78711 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com BAND Unmapped Sites Details: ERNS (742925) jdw ENVRONMENTAL DATA A DIVISION OF THE BANKS GROUP ERNS - ERNS List Source: EPAfNational Response+ Center NRC Report : 742925 Secondary ID: NA Banks ID: 742925' NEW BRAUNFELS,TX Responsible Party: Incident Location: MILE POST 234 Incident Date /Time: 12/1/2004 12:29 PM Cause of Incident: UNKNOWN Description of Incident: THE CALLER STATED THAT A LOCOMOTIVE IS LEAKING MATERIAL FROM IT. Incident Type: RAILROAD Additional Information: THE CALLER HAD NO ADDITIONAL INFORMATION Any Fatalities: No Number of Fatalities: Remedial Action Taken: CONTRACTOR EN ROUTE FOR CLEAN UP Medium Affected: LAND Medium Description: GROUND Railroad Involved: UNION PACIFIC RAILROAD Pipeline Type Involved: Source: TELEPHONE Materials Spilled OIL, MISC: LUBRICATING Pogo I of l back to Maps Section i back to Summary Section page 30 Banks Environmental Data, Inc. - PO Dox 12851 - Austin, TX 78711 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com Pogo I of l bock to Maps Section i bock to Summary Section page 3 Banks Environmental Data, Inc. - PO Dox 12851 - Austin, TX 78711 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com BAND Unmapped Sites Details: ERNS (766703) jdw ENVIRONMENTAL DAM A DIVISION OF THE BANKS GROUP ERNS - ERNS List Source: EPAfNational Response, Center NRC Report : 766703 Secondary ID: NA Banks ID: 766703' NEW BRAUNFELS, TX Responsible Party: Incident Location: MILE POST 229.7 Incident Date /Time: 7/25/2005 9:06 AM Cause of incident: UNKNOWN Description of Incident: THE CALLER STATED THAT AT A GRADE CROSSING, A PASSENGER TRAIN STRUCK A DELIVERY TRUCK. Incident Type: RAILROAD NON - RELEASE Additional Information: THE CALLER HAD NO ADDITIONAL INFORMATION Any Fatalities: No Number of Fatalities: Remedial Action Taken: NIA Medium Affected: RAIL REPORT (N /A) Medium Description: Railroad Involved: AMTRAK NATIONAL OPERATIONS Pipeline Type Involved: Source: TELEPHONE Materials Spilled Pogo I of l bock to Maps Section i bock to Summary Section page 3 Banks Environmental Data, Inc. - PO Dox 12851 - Austin, TX 78711 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com Pogo I of I bock to Maps Section i bock to Summary Section page 32 Banks Fnvironmontal Data, Inc. - PO Dox 1 2851 - Austin, TX 7871 1 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com BAND Unmapped Sites Details: ERNS (851633) jdw ENVIRONMENTAL DADA A DIVISION OF THE BANKS GROUP ERNS - ERNS List Source: EPAfNational Response+ Center NRC Report : 851633 Secondary ID: NA Banks Id: 851633' NEW BRAUNFELS, TX Responsible Party: Incident Location: ON THE RIGHT AWAY Incident Date /Time: 10/15/2007 11:00 AM Cause of incident: UNKNOWN Description of Incident: CALLER REPORTED THAT A DECEASED BODY WAS FOUND ALONG THE TRACKS DUE TO UNKNOWN CAUSES. CALLER STATED THAT BODY DID NOT APPEAR TO HAVE BEEN HIT BY A TRAIN. Incident Type: RAILROAD NON - RELEASE Additional Information: CALLER HAD NO FURTHER INFORMATION, Any Fatalities: Yes Number of Fatalities: 1 Remedial Action Taken: UNDER INVESTIGATION Medium Affected: RAIL REPORT (N /A) Medium Description: Railroad Involved: Pipeline Type Involved: Source: TELEPHONE Materials Spilled Pogo I of I bock to Maps Section i bock to Summary Section page 32 Banks Fnvironmontal Data, Inc. - PO Dox 1 2851 - Austin, TX 7871 1 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com Pogo I of l bock to Maps Section i bock to Summary Section Page 33 Banks Environmental Data, Inc. - PO Dox 1 2851 - Austin, TX 7871 1 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com BAND Unmapped Sites Details: ERNS (808787) jdw ENVIRONMENTAL DADA A DIVISION OF THE BANKS GROUP ERNS - ERNS List Source: EPAfNational Response, Center NRC Report : 808787 Secondary ID: NA Banks ID: 8087871111 NEW BRAUNFELS,TX Responsible Party: Incident Location: UNION PACIFIC RAILROAD Incident Date /Time: 8/23/2006 1:58 AM Cause of incident: DERAILMENT Description of Incident: ONE NON HAZMAT RAIL CAR DERAILED ON IT'S SIDE ON THE MAIN LINE. THERE WAS NO HAZARDOUS MATERIALS INVOLVED. Incident Type: RAILROAD NON - RELEASE Additional Information: NONE Any Fatalities: No Number of Fatalities: Remedial Action Taken: A RERAILING TEAM IS EN ROUTE Medium Affected: RAIL REPORT (N /A) Medium Description: Railroad Involved: UNION PACIFIC RAILROAD Pipeline Type Involved: Source: TELEPHONE Materials Spilled Pogo I of l bock to Maps Section i bock to Summary Section Page 33 Banks Environmental Data, Inc. - PO Dox 1 2851 - Austin, TX 7871 1 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com Pogo I of I back to Maps Section i bock to Summary Section Page 34 Banks Environmental Data, Inc. - PO Dox 1 2851 - Austin, TX 7871 1 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com BAND Unmapped Sites Details: ERNS (877921) jdw ENVIRONMENTAL DADA A DIVISION OF THE BANKS GROUP ERNS - ERNS List Source: EPAfNational Response+ Center NRC Report : 877921 Secondary ID: NA Banks ID: 877921', NEW BRAUNFELS, TX Responsible Party: Incident Location: SUB: AUSTIN I MP: 222.13 Incident Date /Time: 7/20/2008 5:33 PM Cause of incident: UNKNOWN THE CALLER IS REPORTING A PASSENGER TRAIN DERAILMENT INVOLVING APPROXIMATELY 6 CARS (FINAL Description of Incident: COUNT NOT DETERMINED AT TIME OF CALL). THE TRAIN WAS ON A SIDING AND THE DERAILMENT WAS NOTICED BY THE CREW OF ANOTHER TRAIN. Incident Type: RAILROAD Additional Information: THE CALLER DID NOT HAVE ANY DETAILS ON THE TRAIN OR THE DERAILED CARS. Any Fatalities: Unknown Number of Fatalities: Remedial Action Taken: ' UNKNOWN Medium Affected: BALLAST Medium Description: DERAILMENT Railroad Involved: UNKNOWN Pipeline Type Involved: Source: TELEPHONE Materials Spilled Pogo I of I back to Maps Section i bock to Summary Section Page 34 Banks Environmental Data, Inc. - PO Dox 1 2851 - Austin, TX 7871 1 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com Pogo I of I back to Maps Section i back to Summary Section page 35 Banks Fnvironmontal Data, Inc. - PO Dox 1 2851 - Austin, TX 7871 1 - <°00531.5255 P - 512.478.1433 F wwwbankservdalacom BAND Unmapped Sites Details: ERNS (935981) jdw ENVIRONMENTAL DATA A DIVISION OF THE BANKS GROUP ERNS - ERNS List Source: EPAfNational Response+ Center NRC Report : 935981 Secondary ID: NA Banks la: 935981 ', NEW BRAUNFELS,TX Responsible Party: ENTERPRISE PRODUCTS LLC Incident Location: BETWEEN BUNKER ST AND FM 2953 Incident Date /Time: 4/2/2010 6:00 PM Cause of Incident: UNKNOWN Description of Incident: CALLER IS REPORTING A RELEASE OF NATURAL GAS FROM A LOW PRESSURE GAS LINE. THE RELEASE IS SUSPECTED TO BE A PINHOLE LEAK, THE LINE OPERATES AT 80PSI 14 INCH LINE. Incident Type: PIPELINE Additional Information: NO ADDITIONAL INFORMATION TO REPORT. Any Fatalities: No Number of Fatalities: Remedial Action Taken: LINE IS CURRENTLY BEING MONITORED, LINE WILL BE EXCAVATED TOMORROW Medium Affected: AIR Medium Description: ATMOSPHERE Railroad Involved: Pipeline Type Involved: TRANSMISSION Source: TELEPHONE Materials Spilled NATURAL GAS Pogo I of I back to Maps Section i back to Summary Section page 35 Banks Fnvironmontal Data, Inc. - PO Dox 1 2851 - Austin, TX 7871 1 - <°00531.5255 P - 512.478.1433 F wwwbankservdalacom Pogo I of I bock to Maps Section i bock to Summary Section page 36 Banks Environmental Data, Inc. - PO Dox 12851 - Austin, TX 7871 1 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com BAND Unmapped Sites Details: ERNS (992672) jdw ENVIRONMENTAL DADA A DIVISION OF THE BANKS GROUP ERNS - ERNS List Source: EPAfNational Response+ Center NRC Report : 992672 Secondary ID: NA Banks la: 992672' NEW BRAUNFELS, TX Responsible Party: Incident Location: MP: 226.75 Incident Date /Time: 10/16/2011 2:00 AM Cause of incident: TRESPASSER Description of Incident: CALLER IS REPORTING THAT A FREIGHT TRAIN STRUCK A MALE TRESPASSER THAT WAS LAYING ON THE TRACKS RESULTING IN FATALITY. Incident Type: RAILROAD NON - RELEASE Additional Information: CALLER HAD NO ADDITIONAL INFORMATION. Any Fatalities: Yes Number of Fatalities: 1 Remedial Action Taken: NONE Medium Affected: RAIL REPORT (N /A) Medium Description: Railroad Involved: UNION PACIFIC RAILROAD Pipeline Type Involved: Source: TELEPHONE Materials Spilled Pogo I of I bock to Maps Section i bock to Summary Section page 36 Banks Environmental Data, Inc. - PO Dox 12851 - Austin, TX 7871 1 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com Pogo I of I back to Maps Section i bock to Summary Section page 37 Banks Environmental Data, Inc. - PO Dox 12851 - Austin, TX 7871 1 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com BAND Unmapped Sites Details: ERNS (1017721) jdw ENVIRONMENTAL DATA A DIVISION OF THE BANKS GROUP ERNS - ERNS List Source: EPAfNational Response+ Center NRC Report #: 1017721 Secondary ID: NA Banks ID: 1017721', NEW BRAUNFELS, TX Responsible Party: Incident Location: MILEPOST: 223 AUSTIN SUBDIVISION Incident Date /Time: 7/13/2012 11:10 AM Cause of incident: EQUIPMENT FAILURE CALLER STATES THAT A BURLINGTON NORTHERN SANTA FE TRAIN CAME ONTO UNION PACIFIC TRACKS IN Description of Incident: TEMPLE TX AND WAS DISCOVERED TO BE LEAKING DIESEL OIL ALONG THE TRACK TO NEW BRAUNFELS. IT IS BELIEVED TO BE LEAKING FROM THE LOCOMOTIVE FUEL PUMP. Incident Type: RAILROAD Additional Information: Any Fatalities: No Number of Fatalities: Remedial Action Taken: Medium Affected: BALLAST Medium Description: Railroad Involved: BURLINGTON NORTHERN SANTA FE Pipeline Type Involved: Source: TELEPHONE Materials Spilled OIL: DIESEL Pogo I of I back to Maps Section i bock to Summary Section page 37 Banks Environmental Data, Inc. - PO Dox 12851 - Austin, TX 7871 1 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com Pogo I of I bock to Maps Section i bock to Summary Section page 38 Banks Environmental Data, Inc. - PO Dox 12851 - Austin, TX 7871 1 - <°00531.5255 P - 512.478.1433 F wwwbankservdalacom BAND Unmapped Sites Details: ERNS (1032543) jdw ENVIRONMENTAL DADA A DIVISION OF THE BANKS GROUP ERNS - ERNS List Source: EPAfNational Response+ Center NRC Report #: 1032543 Secondary ID: NA Banks ID: 1032543' SCHWAB ROAD, NEW BRAUNFELS, TX Responsible Party: Incident Location: MILEPOST 233.44 ON THE AUSTIN SUBDIVISION Incident Date /Time: 12/6/2012 4:11 PM Cause of incident: UNKNOWN Description of Incident: A FREIGHT TRAIN COLLIDED WITH ON -RAIL CONSTRUCTION EQUIPMENT. NO DISCHARGES OR RELEASES ARE REPORTED AT THIS TIME. Incident Type: RAILROAD Additional Information: Any Fatalities: No Number of Fatalities: Remedial Action Taken: IN PROCESS OF CLEARING THE SITE Medium Affected: NON- RELEASE (N /A) Medium Description: RAILROAD COLLISION Railroad Involved: UNION PACIFIC RAILROAD Pipeline Type Involved: Source: TELEPHONE Materials Spilled UNKNOWN MATERIAL, UNKNOWN OIL Pogo I of I bock to Maps Section i bock to Summary Section page 38 Banks Environmental Data, Inc. - PO Dox 12851 - Austin, TX 7871 1 - <°00531.5255 P - 512.478.1433 F wwwbankservdalacom Pogo I of I back to Maps Section i bock to Summary Section page 39 Banks Environmental Data, Inc. - PO Dox 12851 - Austin, TX 7871 1 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com BAND Unmapped Sites Details: ERNS (1049623) jdw ENVIRONMENTAL DATA A DIVISION OF THE BANKS GROUP ERNS - ERNS List Source: EPAfNational Response+ Center NRC Report #: 1049623 Secondary ID: NA Banks ID: 1049623'' NEW BRAUNFELS, TX Responsible Party: Incident Location: MP 230154 OF THE AUSTIN SUBDIVISION Incident Date /Time: 6/7/2013 11:02 AM Cause of incident: OTHER Description of Incident: CALLER IS REPORTING THAT THE TRAIN STRUCK A GRAVEL TRUCK AT A COMMERCIAL CROSSING. THE DRIVER OF THE GRAVEL TRUCK WAS TRANSPORTED TO THE HOSPITAL. SPILL RESPONSE INFORMATION IS UNKNOWN. Incident Type: RAILROAD Additional Information: Any Fatalities: No Number of Fatalities: Remedial Action Taken: UNKNOWN Medium Affected: BALLAST Medium Description. BALLAST Railroad Involved: UNION PACIFIC RAILROAD Pipeline Type Involved: Source: TELEPHONE Materials Spilled OIL: DIESEL Pogo I of I back to Maps Section i bock to Summary Section page 39 Banks Environmental Data, Inc. - PO Dox 12851 - Austin, TX 7871 1 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com Pogo I of I bock to Maps Section i back to Summary Section Page 40 Banks Fnvironmontal Data, Inc. - PO Dox 12851 - Austin, TX 78711 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com BAND Unmapped Sites Details: ERNS (1144665) jdw ENVIRONMENTAL DATA A DIVISION OF THE BANKS GROUP ERNS - ERNS List Source: EPAfNational Response+ Center NRC Report #: 1144665 Secondary ID: NA Banks ID: 1144665 MP: 231.5 SUB: AUSTIN MAIN TRACK 1, NEW BRAUNFELS, TX Responsible Party: Incident Location: Incident Date /Time: 4/7/2016 6:14 AM Cause of Incident: OTHER' CALLER IS REPORTING THAT ONE TRAIN WAS TRAVELING SOUTH BOUND ON THE MAINLINE. A SECOND TRAIN Description of Incident: WAS SHOVING BACK INTO AN INDUSTRIAL FACILITY AND THERE WAS A SIDE SWIPE COLLISION. NO INJURIES REPORTED. NO HAZMAT INVOLVED. NO RELEASE. NO DERAILMENT. Incident Type: RAILROAD NON - RELEASE Additional Information: Any Fatalities: No Number of Fatalities: Remedial Action Taken. Medium Affected: RAIL REPORT (N /A) Medium Description: COLLISION Railroad Involved: UNION PACIFIC RAILROAD Pipeline Type Involved: y Source: TELEPHONE Materials Spilled Pogo I of I bock to Maps Section i back to Summary Section Page 40 Banks Fnvironmontal Data, Inc. - PO Dox 12851 - Austin, TX 78711 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com Pogo I of I bock to Maps Section i back to Summary Section pgge 4 Banks Fnvironmontal Data, Inc. - PO Dox 12851 - Austin, TX 78711 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com BAND Unmapped Sites Details: ERNS (1149642) jdw ENVIRONMENTAL DATA A DIVISION OF THE BANKS GROUP ERNS - ERNS List Source: EPAfNational Response+ Center NRC Report #: 1149642 Secondary ID: NA Banks ID: 1149642' MP: 530 SD: AUSTIN, NEW BRAUNFELS, TX' Responsible Party: UNION PACIFIC RAILROAD Incident Location: Incident Date /Time: 6/3/2016 5:20 PM Cause of Incident: DERAILMENT Description of Incident: CALLER IS REPORTING A DERAILMENT OF 13 CARS DUE TO UNKNOWN CAUSES AT MILE POST 530 IN THE AUSTIN SUBDIVISION. RAILCARS CONTAIN NO HAZMAT AND WERE TRANSPORTING ROCK. Incident Type: RAILROAD NON - RELEASE Additional Information: Any Fatalities: No Number of Fatalities: Remedial Action Taken: INCIDENT IS UNDER INVESTIGATION Medium Affected: NON- RELEASE (N /A) Medium Description: NON- HAZMAT RELEASE RAILCAR WAS CARRYING RUCK Railroad Involved: UNION PACIFIC RAILROAD Pipeline Type Involved: Source: TELEPHONE Materials Spilled Pogo I of I bock to Maps Section i back to Summary Section pgge 4 Banks Fnvironmontal Data, Inc. - PO Dox 12851 - Austin, TX 78711 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com Pogo I of I bock to Maps Section i bock to Summary Section pgge 42 Banks Fnvironmental Data, Inc. - PO Dox 1 2851 - Austin, TX 7871 1 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com BAND Unmapped Sites Details: ERNS (1260737) jdw ENVIRONMENTAL DATA A DIVISION OF THE BANKS GROUP ERNS - ERNS List Source: EPAfNational Response+ Center NRC Report #: 1260737 Secondary ID: NA Banks ID: 1260737111 MP 218.6 AUSTIN SUB, NEW BRAUNFELS, TX Responsible Party: Incident Location: GRADE CROSSING INCIDENT Incident Date /Time: 10/10/2019 5:58 AM Cause of incident: DERAILMENT CALLER STATED THAT A FREIGHT TRAIN COLLIDED WITH A VEHICLE (SEMI- TRUCK) AT A CROSSING RESULTING Description of Incident: IN A DERAILMENT. (LOCOMOTIVE DERAILED NUMBER IS UNKNOWN AT THIS TIME). CALLER ALSO STATED THAT THERE WERE TRACK DAMAGES SUSTAINED BUT THE AMOUNT IS UNKNOWN AT THIS TIME. (BUT WOULD MOST LIKELY EXCEED 10,700) Incident Type: RAILROAD NON - RELEASE Additional Information: UNION PACIFIC REPORT NUMBER 2019 -10 -10 -023 CDS Any Fatalities: No Number of Fatalities: Remedial Action Taken: Medium Affected: RAIL REPORT (N /A) Medium Description: DERAILMENT Railroad Involved: UNION PACIFIC RAILROAD Pipeline Type Involved: Source: TELEPHONE Materials Spilled Pogo I of I bock to Maps Section i bock to Summary Section pgge 42 Banks Fnvironmental Data, Inc. - PO Dox 1 2851 - Austin, TX 7871 1 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com Pogo I of I bock to Maps Section i bock to Summary Section pgge 43 Banks Fnvironmental Data, Inc. - PO Dox 1 2851 - Austin, TX 7871 1 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com BAND Unmapped Sites Details: ERNS (1247208) jdw ENVIRONMENTAL DATA A DIVISION OF THE BANKS GROUP ERNS - ERNS List Source: EPAfNational Response+ Center NRC Report #: 1247208 Secondary ID: NA Banks ID: 1247208' MP: 226.93 SUBDIVISION: AUSTIN, NEW BRAUNFELS, TX Responsible Party: Incident Location: Incident Date /Time: 5/29/2019 9:03 PM Cause of incident: TRESPASSER Description of Incident: CALLER IS REPORTING THAT A TRAIN STRUCK A TRESPASSER RESULTING IN A FATALITY. Incident Type: RAILROAD NON - RELEASE Additional Information: UP REPORT #: 2019- 05- 29- 291KLV Any Fatalities: Yes Number of Fatalities: 1 Remedial Action Taken: LOCAL AUTHORITIES RESPONDED. Medium Affected: RAIL REPORT (N /A) Medium Description: Railroad Involved: AMTRAK Pipeline Type Involved: Source: TELEPHONE Materials Spilled Pogo I of I bock to Maps Section i bock to Summary Section pgge 43 Banks Fnvironmental Data, Inc. - PO Dox 1 2851 - Austin, TX 7871 1 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com Pogo I of 1 Stock to Maps Section i bock to Summary Section pgge 44 Banks Environmental Data, Inc. - PO Dox 1 2851 - Austin, TX 7871 1 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com BAND Unmapped Sites Details: ERNS (1284500) jdw ENVIRONMENTAL DAM A DIVISION OF THE BANKS GROUP ERNS - ERNS List Source: EPAfNational Response+ Center NRC Report #: 1284500 Secondary ID: NA Banks ID: 1284500' NEW BRAUNFELS, TX Responsible Party: Incident Location: MP 230 Incident Date /Time: 8/13/2020 3:25 PM Cause of Incident: DERAILMENT / / /// POTENTIAL RELEASE / / /// CALLER IS REPORTING THE DERAILMENT OF 24 RAIL CARS WITH A POTENTIAL Description of Incident: RELEASE OF AN UNKNOWN AMOUNT OF GRAIN. CALLER STATES THAT 22 OF THE RAIL CARS ARE ON THEIR SIDE. / / /// POTENTIAL RELEASE Incident Type: RAILROAD Additional Information: Any Fatalities: Number of Fatalities: Remedial Action Taken: Medium Affected: Medium Description: Railroad Involved: UNION PACIFIC RAILROAD Pipeline Type Involved: Source: TELEPHONE Materials Spilled Pogo I of 1 Stock to Maps Section i bock to Summary Section pgge 44 Banks Environmental Data, Inc. - PO Dox 1 2851 - Austin, TX 7871 1 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com End of ERNS Sites Section Pogo I of I bock -10 Mops Section / bock to Summary Section Poge 45 Banks Fnvironmentcl Data, Inc. - PO 5ox 1 2851 - Austin, TX 7871 1 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com BAN I<S Unmapped Sites Details: ERNS (1307014) ENVIRONMENTAL DATA jdw A DIVISION OF THE BANKS GROUT' ERNS - ERNS List Source. EPAINational Response Center NRC Report #: 1307014 Secondary ID: NA Banks ID: 1307014 SUB AUSTIN, NEW BRAUNFELS, TX Responsible Party: Incident Location: MP 216.7 Incident Date/Time: 6/6/2021 11:50 AM Cause of incident: DERAILMENT CALLER REPORTS THE DERAILMENT OF 28 RAILCARS ON FREIGHT TRAIN DUE TO UNKNOWN CAUSES AT THIS Description of Incident: TIME. AS A RESULT THERE WAS A RELEASE OF CORN ONTO THE TRACKS AT THE INCIDENT LOCATION. CALLER DID NOT HAVE INFO ON THE DERAILED CARS. Incident Type: RAILROAD Additional Information: UPR #2021-06-06-088RMR Any Fatalities: i No Number of Fatalities: Remedial Action Taken. CLEAN UP UNDERWAY Medium Affected: OTHER Medium Description* RAILTRACKS Railroad Involved: UNION PACIFIC RAILROAD Pipeline Type Involved: Source: TELEPHONE Materials Spilled CORN End of ERNS Sites Section Pogo I of I bock -10 Mops Section / bock to Summary Section Poge 45 Banks Fnvironmentcl Data, Inc. - PO 5ox 1 2851 - Austin, TX 7871 1 - <°00531.5255 P - 512.478.1433 F wwwbankservdala.com Dataset Descriptions and Sources PANKS ENVIRONMENTAL DAP A DNiSION OF THE BANKS GROU NPL -- National Priority EPA NPL is the list of high priority hazardous waste sites Quarterly 10/12/2022 10/12/2022 10/17/2022 09/28/2022 List in the United States eligible for long -term remedial action financed under the federal Superfund program or SEMS database (formerly known as the CERCLIS database). The EPA will only add sites to the NPL list based upon completion of the Hazard Ranking System (HRS) screening, public solicitation of comments about the proposed site, and after all comments have been addressed. CER SEMS -- SEMS EPA The EPA maintains the SEMS database to track sites Quarterly 10/12/2022 10/12/2022 10/17/2022 09/28/2022 under the Comprehensive Environmental Response, Compensation, and Liability Act, a federal law designed to clean up abandoned hazardous waste sites. These sites are either proposed, listed or under review currently to be a part of the National Priority List. RCRA CDR -- RCRA EPA These sites are registered hazardous waste Quarterly 10/24/2022 10/24/2022 10/25/2022 10/24/2022 CORRACTS generators or handlers that fall under the Resource Conservation and Recovery Act (RCRA) and subject to corrective action activity. RCRA GEN -- RCRA EPA The EPA regulates all Hazardous Waste Generators Quarterly 10/24/2022 10/24/2022 10/25/2022 10/24/2022 Generators subject to the Resource Conservation and Recovery Act (RCRA). They are classified by the quantity of hazardous waste generated. A Small Quantity Generator (SQG) generates between 1 00k and 1,000 kg of waste per month. A Large Quantity Generator (LQG) generates over 1,000 kg of waste per month. A Conditionally Exempt SQG (CEG) generates less than 100 kg of waste per month. FED IC -- Federal EPA This is a listing of Brownfield Management System Quarterly 09/14/2022 09/14/2022 09/20/2022 09/14/2022 Institutional Control (BMS) sites that have had Institutional Controls (ICs) placed on them. ICs are administrative restrictions, such as legal controls, that help minimize the potential for human exposure to known contamination by ensuring appropriate land or resource use. ICs are meant to supplement Engineering Controls and will rarely be the sole remedy at a site. ICs are a type of Activity and Use Limitation (AUL). Page 46 Banks Fnvironmontal Data, Inc. -- PO E5ox 12851 - Austin, TX 7871 1 - 800.531.5255 P -- 512.478.1433 F uiujw,banksenvdat acom Dataset Descriptions and Sources PANKS RONMENTAL DAP A DNiSION OF THE BANKS GROU ST CER -- State/Tribal Equivalent CERCLIS (TX) LPST -- State /Tribal Leaking Storage Tank (TX) LPST -- State /Tribal Leaking Storage Tank (TX) ST IC -- State/Tribal Institutional Control (TX) ST IC -- State/Tribal Institutional Control (TX) Response Center information on unauthorized releases of oil and hazardous substances that have been reported to the National Response Center since 2001. The NRC is the sole federal point of contact for reporting oil and chemical spills. Prior to 2001 this information was maintained by the EPA. N/A This database is not currently available from this state. If this state does make this database available in the future, Banks Environmental Data will obtain it for reporting purposes. TCEQ This database contains information on leaking storage tanks, equipment failures, compliance, and releases in the state. EPA The Tribal LUST database (maintained by EPA Region 6) provides information on leaking underground storage tank on tribal lands in Louisiana, Arkansas, Oklahoma, New Mexico and Tribal Nations, TCEQ This database includes Voluntary Cleanup Program (VCP) or Innocent Operator Program (IOP) sites that have been remediated and have had Institutional Controls (ICs) placed on them. ICs are administrative restrictions, such as legal controls, that help minimize the potential for human exposure to known contamination by ensuring appropriate land or resource use. RRC The Railroad Commission of Texas Voluntary Cleanup Program provides an incentive to remediate Oil & Gas related pollution by participants as long as they did not cause or contribute to the contamination. N/A N/A N/A N/A N/A Quarterly 07/14/2022 07/14/2022 09/22/2022 07/01/2022 Quarterly 10/03/2022 10/03/2022 10/03/2022 04/28/2022 Quarterly 10/25/2022 07/29/2022 11/01/2022 07/29/2022 Quarterly 10/25/2022 05/30/2022 08/17/2022 05/30/2022 VCP -- State/Tribal TCEQ This database contains sites from the Innocent Quarterly 10/25/2022 07/29/2022 11/01/2022 07/29/2022 Voluntary Cleanup (TX) Operator Program (IOP). The IOP records are sites that have received certificates from the State acknowledging that their property is contaminated as a result of a release or migration of contaminants from a source or sources not located on the property, and they did not cause or contribute to the source or sources of contamination. Page 47 Banks Fnvironmontal Data, Inc. -- PO E5ox 12851 - Austin, TX 7871 1 - 800.531.5255 P -- 512.478.1433 F wwwbanksenvdat acom Dataset Descriptions and Sources PANKS ENVIRONMENTAL DAM A DIVISION OF THE BANKS GROUP V VI - -.1-1I I.- Il' w II - UQtQ 0-UEP -1-JII 11 VI11 lI- VVIUI1-Y Voluntary Cleanup (TX) Cleanup Program (VCP). The VCP records contain information on contaminated sites that private parties have cleaned up through assistance from the State in the form of administrative, technical, and legal incentives. VCP -- State/Tribal RRC The Railroad Commission of Texas Voluntary Quarterly 10/25/2022 08/1512022 08/17/2022 08/1512022 Voluntary Cleanup (TX) Cleanup Program provides an incentive to remediate Oil & Gas related pollution by participants as long as they did not cause or contribute to the contamination. HW -- State /Tribal TCEQ The mission of the TCEQ's industrial and hazardous Quarterly 10/10/2022 10/18/2022 10/19/2022 10/11/2022 Hazardous Waste (TX) waste (I HW) corrective action program is to oversee the cleanup of sites contaminated from industrial and municipal hazardous and industrial nonhazardous wastes. HW -- State /Tribal TCEQ This database contains information on facilities which Quarterly 08/15/2022 08/15/2022 08/17/2022 08/04/2022 Hazardous Waste (TX) store, process, or dispose of hazardous waste as maintained by the Industrial and Hazardous Waste Permits section of the TCEQ. RCRA -• RCRA EPA This database lists all sites that fall under the Quarterly 10/24/2022 10/24/2022 10/25/2022 10/24/2022 Resource Conservation and Recovery Act (RCRA) and are not classifiable as treatment, storage, disposers of hazardous material, hazardous waste generator or subject to corrective action activity. DRYC -- Dry Cleaners TCEQ Dry Cleaner data houses both the DCRP Program Quarterly 09/08/2022 09/19/2022 09/20/2022 09/01/2022 (TX) information and PERC information released by the TCEQ. The DCRP database contains records funded for state -lead clean up of dry cleaner related contaminated sites. The DCRP administers the Dry Cleaning Facility Release Fund to assist with remediation of contamination caused by dry cleaning solvents. There are two listings from this program: LIST #1 - A historic listing of any facility that registerec with the DCRP indicating whether or not the facility has used Perchloroethylene (PERC) in the past. LIST #2 - A Prioritization list of dry cleaner sites Facilities on this list will be investigated in order to determine the existence and or extent of possible contamination. Facilities which are not current on their DCRP payments get dropped from the program. Banks Environmental Data DOES NOT REMOVE these listings from our database so that we may present a more complete historical listing of facilities that may or may not have used PERC in the past. Page 48 Banks Fnvironmontal Data, Inc. -- PO E5ox 12851 - Austin, TX 7871 1 - 800.531.5255 P -- 512.478.1433 F wwwbanksenvdat acom noov���oux�o�nnpox Disclaimer PANKS IRO NMENTaDAM SION OF THE BANKS GROUP The Banks Environmental Data Regulatory Database Report was prepared based upon data obtained from State, Tribal, and Federal sources known to Banks Environmental Data at the time the data was obtained. Great care has been token by Banks in obtaining the best available data from the best available sources. H0wgv8r, there is a possibility that there are SOurC8S of data applicable or pertaining t0 this report's target property, and/or surrounding properties, to which Banks does not have access ur has not accessed. Furthermore, although Banks Environmental Data performs quality assurance and quality control OR all data, including data it obtains, Banks recognizes that inaccuracies in data from these sources may, and do, exist; 8CCOnJingly' inaccurate data may have been used Or relied upon in the preparation of this report. Even though Banks Environmental Data performs a thorough and diligent search to locate and fix any inaccuracies in the data n8|i8d upon in the pn8p8naUOn of this report, Banks cannot guarantee or warrant the accuracy of the locations, information, data, or report. The purchaser of this report accepts this report " is" and assumes all risk related to any potential in accuracy contained in the report or not reported in it, whether due to @ [e|iGOCe by Banks EDVin3OnOeDL8| Data OO iO8CCUr8t8 data, Or for any other [including but not limited to the negligence or express negligence of Banks Environmental Data]. If this report is being used for the Records Review section of a Phase I Site Assessment according to the ASTM 1527-21, for EPA's All Appropriate Inquiry, or for any other purpose (public or private), all liability and responsibility is assumed by the Environmental Professional or other individual or entity acquiring the report. Pogo 4Y DonksEnwmnmeniol Data, |na P0 5om12851 Austin, |X787|| 800531.5255P 5|2.478|43J| mmmboomoovdo+ocom f l * � Historical Aerial Photos Prepared for: RAINCROW WILDLIFE CONSULTING - Austin 1509 Newning Avenue Austin, TX 78704-2534 Historica Aeria Photographs amis * l Ramirez 10.538 acres TX PO *- 221 101 ES- 14 1053 Monday, Novernber 14, 2022 Banks Environmental Data, Inc. - PO Box 12851 - Austin, TX 7871 1 - 800.53 1 .5255 P - `12.478.1433 F U=L bcnKsenvdara.com Date: 1973 Source: USGS MMOR Feet 250 500 1,000 ENVIRONMENTAL DATA A DIVISION OF THE BANKS GROUP j + a N W` urn { 2 i q *x k, Y Tc � a f+ 4 L +" G i f { 4 4+ + ' + M r e " 1t SY § +iz ;v Date: 1952 BANKS Feet Source: AMS o 250 500 1,000 ENVIRONMENTAL DATA A DIVISION OF THE BANKS GROUP HISTORICAL AERIAL PHOTOGRAPHS ES- 14 1053 1 November 14, 2022 Acronym Agency AMS Army Mapping Service SC5 Soil Conservation Service Fairchild Fairchild Aerial Surveys BLK4 Bureau of Land Management USCOE United States Corps of Engineers USGS United States Geological Survey TNR|S Texas Natural Resources Information System Donks Environmental Data, Inc. PO 5om12851 AumnTX787|| 000.531 �5255P 5 |2.47l1 433F mmmbonk*znvdoTocom HISTORICAL AERIAL PHOTOGRAPHS ES- 14 1053 1 November 14, 2022 This report is solely for the limited use of the client and its customers. Banks Environmental Data, Inc. makes no warranties as to accuracy, validitymmpleteness,merchantab/lityQuality, condition, suitability or fitness for a particular use or purpose in respect to this report and any information contained herein. All risk is assumed by the user. Banks Environmental Data, Inc. assumes no liability to any party for loss or damage whether rising out of errors or omissions, negligence, ucc/dent,oruny other cause. In no event shall Banks Environmental Data, Inc., its affiliates or agents, be liable to anyone for special incidental, consequential or exemplary damages. Donks Environmental Data, Inc. PO 5om12851 AumnTX787|| 000.531 �5255P 512.47l1 433F mmmbonk*znvdoTocom Appendix endix E Historical Topographic Maps Prepared for: RAINCROW WILDLIFE CONSULTING - Austin 1509 Newning Avenue Austin, TX 78704-2534 Historica Topographic Maps amis * l Ramirez 10.538 acres TX PO *- 221 101 ES- 14 1053 Tuesday, November 8, 2022 Banks Environmental Data, Inc. - PO Box 12851 - Austin, TX 7871 1 - 800.53 1 .5255 P - `12.478.1433 F U=L bcnKsenvdara.com i i IN, 11 ZDR N "k Saints Peter g2 I and Paul FM A ii Cem N q w1 Saint 13 t Josephs y r co AC/j �op./is 7LD Cem ..✓ a, J A ,w SCHERTZ v ON CO ° J ,3 „ tlufi � � .„J ww �� � v �i� O w n^ � ( fr^'....✓ C rv” "1�..� ww" 3 t 6` II osa° M r w r' V 14 S Date: 2016 Feet ,p,F BANKS Quad: New Braunfels West TX 0 1,000 2,000 4,000 ENVIRONMENTAL DATA A DIVISION OF THF BANKS GROUP 0 ,C) Date: 2013 Feet ,p,w BANKS ENVIRONMENTAL DATA Quad: New Braunfels West, TX 0 1,000 2,000 4,000 A DIVISION OF THF BANKS GROUP f r Airport NI �t t , > r 7 ! t`' r \ �1 i. NN l Kip 1 c OY kill /� 75p Jl a l A,i f jr po r fJ d,9 r y` i r 5kt errs f ,Mry.: f j'`Z, Date: 2010 Feet BANKS Quad: New Braunfels West, TX 0 1,000 2,000 4,000 ENVIRONMENTAL DATA A DIVISION OF THE BANKS GROUP BANKS Date: � Feet Quad: 1 111 111 111 , ENVIRONMENTAL DATA A DIVISION OF THF BANKS GROUP Date: 1958 Feet jpaw BANKS ENVIRONMENTAL DATA Quad: New Braunfels West, TX 0 1,000 2,000 4,000 A DIVISION OF THE BANKS GROUP Date:1927 Feet Quad: New Braunfels West, TX 0 1,000 2,000 4,000 DIVISION ANKSGR UP A DIVISION OF Ti-IE BANKS GROUP HISTORICAL TOPOGRAPHIC MAPS ES- 141053 1 November8,2022 This report is solely for the limited use of the client and its customers. Banks Environmental Data, Inc. makes no warranties as to accuracy, validitymmpleteness,merchantab/lityQuality, condition, suitability or fitness for a particular use or purpose in respect to this report and any information contained herein. All risk is assumed by the user. Banks Environmental Data, Inc. assumes no liability to any party for loss or damage whether rising out of errors or omissions, negligence, ucc/dent,oruny other cause. In no event shall Banks Environmental Data, Inc., its affiliates or agents, be liable to anyone for special incidental, consequential or exemplary damages. Donks Environmental Data, Inc. PO 5om12851 AumnTX787|| 000.531 �5255P 512.47l1 433F mmmbonk*znvdoTocom Appendix F ' vFP Site Photos Appendix F: Site Photos Information printed in the upper -left corner of the photos is as follows: • Date & Time: Day of week, date, and 24 -hour time when the image was captured. All times for this project were recorded in Central Standard Time (CST). • Position: Latitude and longitude, in decimal degrees. • Altitude: Position of the camera in feet above mean sea level, determined by camera GPS. • Datum: WGS -84, or World Geodetic System 1984 standard coordinate system. • Azimuth /Bearing: Azimuth is given in whole degrees as the bearing with respect to horizontal true north. Bearing is given in standard compass directions with respect to true north. • Elevation angle: The angle between the line of sight and the horizontal plane. • Horizon angle: The angle between the line of sight and the horizon. • Zoom: Magnification of the image captured (1.0 X, 2.0 X, or 4.0 X). • Notes as indicated. Appendix F — Site Photos: Ramirez 10.538 acres Phase I ESA Page 2 of 11 Photo 1. Gate off Wenzel Lane cemetery road, with access to southwest corner of subject property. No evidence of recent use of gate. Photo 2. Tributary of Dry Comal Creek in south end of subject property. Appendix F — Site Photos: Ramirez 10.538 acres Phase I ESA Page 3 of I 1 Photo 3. Tributary of Dry Comal Creek in south end of subject property. Photo 4. Waterline sign in south end of subject property, just north of south fenceline. Appendix F — Site Photos: Ramirez 10.538 acres Phase I ESA Page 4 of I 1 Photo 5. Underground utilities at southeast corner of subject property (Bunker Street on right). Photo 6. Bunker Street crossing of Dry Comal Creek (subject property on left). Appendix F — Site Photos: Ramirez 10.538 acres Phase I ESA Page 5 of I 1 Photo 7. Highway 482 crossing of tributary of Dry Comal Creek (subject property on right). Photo 8. Highway 482 crossing of tributary of Dry Contal Creek (subject property on left). Appendix F — Site Photos: Ramirez 10.538 acres Phase I ESA Page 6 of 11 Photo 9. Wenzel Lane (road to cemetery). Photo 10. Cemetery with grave from 1898. Appendix F — Site Photos: Ramirez 10.538 acres Phase I ESA Page 7 of 11 Photo 11. Oldfield habitat in north end of subject property. Photo 12. Riparian habitat in north end of subject property. Appendix F — Site Photos: Ramirez 10.538 acres Phase I ESA Page 8 of I 1 Photo 13. Wetland area along Dry Comal Creek, as seen from north end of subject property, Photo 14. Wetland area along Dry Comal Creek, as seen from north end of subject property, view upgradient. Appendix F — Site Photos: Ramirez 10.538 acres Phase I ESA Page 9 of I 1 Photo 15. Dry Comal Creek at northwest boundary (subject property on right). Photo 16. View from northeast corner, facing south. Appendix F — Site Photos: Ramirez 10.538 acres Phase I ESA Page 10 of 11 Photo 17. Oak grove on east side of subject property. Photo 18. Discarded tires in oak grove on east side of subject property. Appendix F — Site Photos: Ramirez 10.538 acres Phase I ESA Page 11 of 11 Photo 19. Wetland area on Dry Comal Creek, as seen from center of subject property, view downgradient. Photo 20. Wetland area on Dry Comal Creek, as seen from center of subject property, view upgradient. Appendix V-p pendix G Interview Forms and Questionnaires Interviewee: Randy Paul Ramirez Phone: Interviewer: Clifton Ladd Project: Ramirez 10.538 acres Date: November 8, 2022 Completed by email relayed by Kevin Williams (kivilliams &i ohderealo.eom Rohde Ottmers Siegel Realty Phase 1 Environmental Site Assessment Process — Interview Questions for Owners & Occupants Objective: to obtain information indicating recognized environmental conditions in connection with the property. Ask all the following questions. Owner should identify a key site manager, "a person with good knowledge of the uses and physical characteristics of the property" (e.g., physical plant supervisor or head maintenance person). Interview both owner and site manager. Confirm if there are any current occupants of the property. How long have you owned (or occupied) the property? I have owned the property since 2009 and have only cut grass and trimmed trees on the property. No other work has been done on the property. Who were the previous owners (or occupants)? Joe Minus What have you used the property for? The property is vacant and unused. Has it ever been used for industrial or manufacturing activities? No Have you ever dumped trash or other waste onto any part of this property? Describe (what, when, where, is it still there ?) No Have pesticides or herbicides ever been applied to this property? No Describe (type, location, frequency) Have you ever stored or used petroleum products or hazardous materials on the property? No Are you aware of any environmental problems with this property? No Describe N/a Are you aware of any environmental liens on the property? No Describe N/a Are there any water wells (petroleum wells ?) on the property? No Where, type? What type of water /wastewater system is used on the property? Where, still in use? , condition, problems None Are there any electric /gas lines? No Where, condition. N/a From: Kevin Williams kwilliams @rohderealty.com Lf Subject: RE: Phase I ESA for Ramirez property Date: November 10, 2022 at 7:10 AM To: CLIFTON LADD cliftonladd @icloud.com Cc: Scott Parker scott @greatspringsproject.org Clifton, That word doc looks good. Kevin P Williams Farm and Ranch �R r 3 d Mantenga su vision clara. Texas law requires all real estate licensees to provide an Information About Brokerage Services disclosure notice to all prospective buyers, tenants, sellers and landlords. To view click the following: Information About Brokerage Services International Investments Group Rohde Ottmers Siegel Realty 11506 NW Military Hwy, Suite 330, San Antonio, TX 78231 Office 210.366.1400 1 Cell 210-394-74841 Fax 210.366.1400 kwilliams @rohderealty.com www.rohderealty.com From: CLIFTON LADD <cliftonladd @icloud.com> Sent: Wednesday, November 9, 2022 11:44 AM To: Kevin Williams < kwilliams @rohderealty.com> Cc: Scott Parker <scott @greatspringsproject.org> Subject: Re: Phase I ESA for Ramirez property Kevin - Attached is a Word file for the Owner questionnaire. I filled in the form, but need to confirm that these are the answers of Mr. Ramirez. Also, I take it that the reason you didn't send back the Key Site Manager's form is that there isn't a Key Site Manger, but please confirm. Thank you, Clifton Ladd. C.W.B. Interviewee: +J Phone: Project.ye'� fps 38c,e Interviewer q ` 9-10 - i , j 7 Date: /.. �t . Phase ase l Environmental Site Assessment Process - Interview Questions for Local Government Officials Objective: to obtain information indicating recognized environmental conditions in connection with the property. AA 41 t` t^ e 7- f b A 5 3 $ " " Local Government Officials Contact the local fire department, health agency, or agency with jurisdiction over hazardous waste disposal or other environmental matters (dealing with hazardous materials spills /complaints). Do you keep records pertaining to pollution complaints /hazardous spill reports? Do you have any information about environmental conditions on property? Do you have any records pertaining to this property? (a records request form may need to be filled out) T Ladd ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................ ............................... 1509 Newning Avenue M Austin lee raincrow.wildlife @icloud.com /10/2022 Information '-• Clifton ............................................................................................................................................................................................................................................................................................................................................................................................................................................................ ............................... TX.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v ..v..v..v..v..v..v..v.v..v..v�n 512- 497 -0010 't * ...........78704 W ...................... ............................... ....� Hello, I called today r • spoke with Felicia Canales. am writing .r Phase • r Assessment • the City of Schertz. The subject property is the Ramirez 10.538 acres at the north west corner of Bunker Street and FM-482. Does the City of • r geographic i1 1 /1 11 1. Does the City of Schertz keep records pertaining to pollution •; • r or r r:'i• chemicals • -iif 2. Does the City have any such records on the subject property? Thank you i' your assistance. Clifton Ladd i • i • FIRM • r r i Clifton Ladd 19 - MI * o s! • i- f i i i • From: Sheila Edmondson sedmondson@schertz.com Subject: OPEN RECORD REQUEST, CITY OF SCHERTZ Date: November 21, 2022 at 10:29 AM To: raincrow.wildlife@icioud.com Cc: Sheila Edmondson sedmondson@schertz.com Good morning, Per Schertz Fire and Resce- The subject property is listed as "the Ramirez 10.538 acres at the northwest comer of Bunker Street and FM-482" Schertz Fire Rescue response records are recorded by specific street address only. =17-VOYSA Sheila Edmondson Interim City Secretary City of Schertz 1400 Schertz Parkway, Building 2 Schertz, TX 78154 210-619-1031 Sedmondson @schertz.com Interviewee: Phone: Project: Interviewer p �t /� F ;/%�e 30 , -&9 3' � bate: Phase I Environmental Site Assessment Process,,— Interview Questions for Local Government Officials Objective: to obtain information indicating; recognized environmental conditions in connection with the property. Local Government Officials Contact the local fire department, health agency, or agency with jurisdiction over hazardous waste disposal or other environmental matters (dealing with hazardous materials spills/complaints). Igo you keep records pertaining, to pollution complaints /hazardous spill reports? Igo you have any information about environmental conditions on property? Do you have any records pertaining to this property? (a records request form may need to be filled out) -' 07J yew �j' r (` :5e Ramirez Tract User Questionnaire Addendum Great Springs Project 11/9/22 111 !! !I1111111!!1111 IN II!11III!II11I I ilill!llllll!lli�, 1:11:1ilIIIIIIIIII111lil III III Question 4: Per appraisal, the appraised value is a reasonable reflection of the proposed purchase price of the property. Prepared by: LAXWI% WLMW ro Cam'' t Date: From: Lauren M. Shrum LShrum @schertz.com Subject: Re: Ramirez tract: Phase I Environmental Site Assessment Intended User Form Date: November 10, 2022 at 9:21 PM To: CLIFTON LADD raincrow.wildlife @icloud.com Cc: Scott Parker scott @greatspringsproject.org Yes "the parcel is under a deed restriction permitting only single - family home use" is the reason I checked the box. Thanks, Lauren Shrum Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From: CLIFTON LADD <raincrow.wildlife @icloud.com> Sent: Thursday, November 10, 2022 3:42:25 PM To: Lauren M. Shrum <LShrum @schertz.com> Cc: Scott Parker <scott @greatspringsproject.org> Subject: Re: Ramirez tract: Phase I Environmental Site Assessment Intended User Form It's OK to leave it, I only need to make sure of the reason for checking "yes." Scott Parker had indicated on his form that "the parcel is under a deed restriction permitting only single - family home use." If you can confirm that is your reason for checking the "yes" box, then that's good enough. Please just let me know either way. Thank you. On Nov 10, 2022, at 332 PM, Lauren M. Shrum <L.Shrurn@schertz.com> wrote: No zoning as it's in the ETJ. I was referring to known deed restrictions. If that was the wrong box to check, I can remove it, Thanks, Lauren Shrum Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android Thank you, Scott. It looks good, but I only have one question for Ms. Shrum, who I have copied here. Does the indication of an Activity and Use Limitation Linder question 2 pertain only to local zoning? Is there any other AUL? Clifton Ladd, .W, . q R.aInC�ro1N li lift C�s��neulting rarrtcrow .wiic�li��aif���t��sc;m 0 sgcatt�?greatspringspLaject.org LShrum @schertz.com scott@greatspringsproject.org Lauren Shrum www.schertz.com sjcott@gLeatsp ing p oject.o g LShrun@�chertz.com JSER QUESTIONNAIRE for PHASE I ESA In conformance with ASTM Standard E 1527-21 Prepared by- Randy Ramirez Email: Phone: Rim? Ramirez randy@hotmaii.com (210) 391-5986 Date: 11/14/2022 lmllllfil-�l 3. Specialized Knowledge. This involves personal knowledge or exDerience related to the subj ' e ect prop nearby properties. For example, if you are involved in the same line of business as the current or fcl occupants of the property or an adjoining property, you would probably know of any chemicals, oil, degreaser gasoline, or other hazardous substances commonly used in that type of business. I present use of such substances on the subject or nearby properties? IWWWTZ-1111111�• 4. Fair Market Value (FMV). A purchase price significantly below FMV may indicate an environmental proble Please note that this question does not require an appraisal • the property. If the price is significantly bel FMV, the User should consider whether it might be because contamination may be present at the property. Does the purchase price reasonably reflect FMV? (Provide details if answer is "No".) a Yes LJ I 5. Common Knowledge. Please use a separate sheet if necessary. A. Describe the past uses of the property: Property has sat unused. RESOLUTION NO. 22 -R -137 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE LAND ACQUISITION OF A 10.5 -ACRE PROPERTY ON DRY COMAL CREEK GENERALLY AT FM 482 AND BUNKER STREET, AND SPECIFYING FUNDING SOURCES, AND OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the City of Schertz and the Great Springs Project have overlapping interests in the Dry Comal Creek area for future trail system development; and WHEREAS, the Great Springs Project is purchasing a 10.5 -acre property on Dry Comal Creek generally at FM 482 and Bunker Street with intent to sell it to the City of Schertz; and WHEREAS, city staff has determined the property to have great historic, cultural, ecological, and recreational value that would be a tremendous asset to the city park and trail system; and WHEREAS, the City Council has previously passed Resolution 22 -R -78 indicating the intent to acquire the property; and WHEREAS, city staff has designated funding for the property acquisition in an amount not to exceed $381,624.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the land acquisition of a 10.5 -acre property on Dry Comal Creek generally at FM 482 and Bunker Street (in attached Exhibit A) for the purchase price not to exceed $381,624.00. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City 50234811.1 Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 13' day of December, 2022. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Sheila Edmonson, Interim City Secretary 50234811.1