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01-03-2012 Agenda PacketSCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 01-03-2012 Council Agenda AGENDA TUESDAY, JANUARY 3, 2012 AT 6:00 P.M. The City Council may, for its convenience or for the convenience of City Staff or persons in attendance, modify the order in which items on the agenda are considered by the City Council. Call to Order – Regular Session – 6:00 p.m. Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. City Events • Announcements of upcoming City Events (D. Harris/J. Bierschwale) 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 5 minutes. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Worksession Items A. Discussion regarding the City Council Rules of Procedure (M. Spain) Consent Agenda The Consent Agenda is considered to be 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 by the Mayor or a Councilmember. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of December 20, 2011. 01-03-2012 City Council Agenda Page - 2 - 2. Ordinance No. 12-M-02 – Consideration and/or action approving an Ordinance authorizing the adoption of GASB 54 Fund Policy Standards and applications, and related matters in connection therewith. First reading (J. Santoya/R. Galindo) 3. Resolution No. 12-R-01 – Consideration and/or action approving a Resolution authorizing a Memorandum of Understanding with Cibolo Valley Local Government Corporation (CVLGC), and other member cities’ and authorizing City payments to CVLGC. (M. Spain) 4. Appointments/ Reappointments and Resignations to City Boards, Commissions and Committees – Consideration and/or action regarding appointments/reappointments, and resignations to City Boards, Commissions and Committees. • Appointment of Mr. Gordon Rae as Regular member to the Transportation Safety Advisory Committee (TSAC). Discussion and/or Action Items 5. Ordinance No. 11-S-36 – Consideration and/or action approving an ordinance upon a request to rezone approximately 9.99± acres of land from General Business District (GB) to Apartment/Multi-Family Residential District (R-4). The property is more specifically described as a portion of the Toribio Herrera Survey No. 68, Abstract No. 153, City of Schertz, Guadalupe County, Texas, generally located on Schertz Parkway approximately .08 miles South of Legacy Oaks Parkway. First Reading (M. Sanchez) (This item was postponed at the Council meeting of December 6, 2011.) 6. Ordinance No. 12-S-01- Conduct a public hearing and consider and act upon a request to rezone approximately 788.8577± acres of land out of 852.2± acres of land which is zoned Planned Unit Development District (PUD) from Planned Unit Development District (PUD) to Planned Development District (PDD) generally for mixed use development. The 788.8577± acres of property is more specifically described as a portion of the Julian Diaz Survey No. 66, Abstract No. 187 County Block 5059, and also a portion of the E.R. Evans Survey No. 80, Abstract No. 216, County Block 5060, and also a portion of the Geronimo Leal Survey No. 79, Abstract No. 424, County Block 5058, City of Schertz, Bexar County, Texas, generally located west of FM 1518 at Lower Seguin Road. First Reading (M. Sanchez) Executive Session Called under Section 551.071 Texas Government Code Litigation, pending or contemplated litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate, and Section 551.074 personnel and the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. Reconvene into Regular Session 01-03-2012 City Council Agenda Page - 3 - 7. Take any action deemed necessary as a result of the Executive Session. Requests and Announcements 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 9. Requests by Mayor and Councilmembers to City Manager and Staff for information. 10. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items 11. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 30th DAY OF DECEMBER 2011 AT 3:30 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Brenda Dennis Brenda Dennis, TRMC, MMC City Secretary 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 _______________, 2012. ____________________________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 at least 24 hours in advance of meeting. 01-03-2012 City Council Agenda Page - 4 - COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Baldwin Interview Board for Boards and Commissions Investment Advisory Committee ASA Commuter Rail District Board – Lone Star Alamo Area Council of Governments Cibolo Valley Local Government Corporation Schertz Seguin Local Government Corporation Mayor Pro-Tem Scagliola – Council Place 2 Animal Control Advisory Committee Interview Board for Boards and Commissions Sweetheart Advisory Committee Councilmember Fowler – Place 1 Interview Board for Boards and Commissions Schertz Housing Board Liaison Councilmember Antuna - Place 3 Audit Committee Councilmember Edwards – Place 4 Investment Advisory Committee Audit Committee Hal Baldwin Scholarship Committee Councilmember Carpenter – Place 5 TIRZ II Board Hal Baldwin Scholarship Committee Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: January 3, 2012 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a Regular meeting on December 20, 2011. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Regular Meeting of December 20, 2011. ATTACHMENT Minutes Regular meeting December 20, 2011 12-20-2011 Minutes MINUTES REGULAR MEETING December 20, 2011 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December 20, 2011, at 6:00 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Hal Baldwin Mayor Pro-Tem David Scagliola Councilmember Jim Fowler Councilmember George Antuna Councilmember Cedric Edwards Staff Present: City Manager John Kessel Assistant City Manager John Bierschwale Assistant City Manager David Harris Chief of Staff Bob Cantu City Attorney Michael Spain City Secretary Brenda Dennis Councilmember Michael Carpenter was absent. CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:00 p.m. and welcomed everyone in attendance. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. Mayor Baldwin moved to the Consent Agenda at this time and asked if any Councilmember wished to remove any item. Mayor Baldwin recognized Councilmember Fowler who asked if item 6 could be removed for separate discussion. Consent Agenda The Consent Agenda is considered to be 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 by the Mayor or a Councilmember. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of December 12, 2011. 2. Ordinance No. 11-F-35 – Consideration and/or action approving an ordinance extending the Bexar Waste Franchise for two years. Final Reading (J. Bierschwale) 12-20-2011 Minutes The following caption was read into record: ORDINANCE NO. 11-F-35 AN ORDINANCE GRANTING CIBOLO WASTE INCORPORATED, DBA BEXAR WASTE INC., AN EXTENSION AND RENEWAL OF ITS FRANCHISE FOR MUNICIPAL SOLID WASTE, RECYCLING, AND HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL PROGRAM; IMPOSING PROVISIONS AND CONDITIONS RELATING TO THE EXERCISE OF SAME; AND PROVIDING FOR PENALTIES NOT TO EXCEED $200 FOR VIOLATION THEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE. 3. Ordinance No. 11-M-39 - Consideration and/or action approving an ordinance amending the City’s Land Use Assumptions, Capital Improvements Plan, and Impact Fees. Final Reading (P. Gaudreau) The following caption was read into record: ORDINANCE NO. 11-M-39 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING THE AMENDMENT OF THE CITY’S LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENTS PLAN, AND IMPACT FEES; PROVIDING THAT THE CITY’S CAPITAL RECOVERY FEES FOR WATER AND WASTEWATER SERVICES PER LIVING UNIT EQUIVALENT BE AMENDED; AMENDING RESOLUTION NO. 11-R-36 AND ORDINANCE NO. 08-M-43; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 4. Cancellation of December 27, 2011 Council Meeting – Consideration and/or action cancelling the December 27, 2011 City Council Meeting. (M. Spain) 5. Resolution No. 11-R-66 – Consideration and/or action approving a resolution ratifying a contract with Luck Design Team, LLC., relating to the City Playscape and Playing Fields Landscape Design. (P. Gaudreau) The following caption was read into record: RESOLUTION NO. 11-R-66 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH LUCK DESIGN TEAM, LLC, AND OTHER MATTERS IN CONNECTION THEREWITH. 12-20-2011 Minutes 7. Resolution No. 11-R-68 - Consideration and/or action approving a resolution authorizing an amendment No. 1 to the Energy Conservation Agreement with the Texas Comptroller of Public Accounts State Energy Conservation Office, and other matters in connection therewith. (C. Van Zandt) The following caption was read into record: RESOLUTION NO. 11-R-68 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT NO. 1 TO ENERGY CONSERVATION AGREEMENT WITH THE TEXAS COMPTROLLER OF PUBLIC ACCOUNTS STATE ENERGY CONSERVATION OFFICE, AND OTHER MATTERS IN CONNECTION THEREWITH. 8. Resolution No. 11-R-69 – Consideration and/or action approving a resolution amending the Gateway Planning Professional Services Agreement. (D. Harris/P. Gaudreau) The following caption was read into record: RESOLUTION NO. 11-R-69 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH GATEWAY PLANNING GROUP, INC., AND OTHER MATTERS IN CONNECTION THEREWITH. 9. Resolution No. 11-R-70 – Consideration and/or action approving a resolution authorizing an Interlocal Agreement with Comal County Emergency Services District No. 6 regarding City emergency services. (D. Wait) The following caption was read into record: RESOLUTION NO. 11-R-70 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH COMAL COUNTY EMERGENCY SERVICES DISTRICT NO. 6, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Baldwin recognized Councilmember Edwards who moved, seconded by Mayor Pro-Tem Scagliola to approve consent agenda items, 1, 2, 3, 4, 5, 7, 8, and 9. The vote was unanimous. Motion carried. 12-20-2011 Minutes Discussion and/or Action Items 6. Resolution No. 11-R-67 - Discussion and/or action approving a resolution authorizing a contract with O’Neill Conrad Oppelt Architects, Inc. for renovation of and additions to the Animal Services Facility. (P. Gaudreau) RESOLUTION NO. 11-R-67 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH O’NEILL CONRAD OPPELT ARCHITECTS, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Baldwin recognized Mr. Phil Gaudreau, who introduced this item answering questions from Council. Mr. Gaudreau stated that at its June 21, 2011 meeting, the Council approved a resolution authorizing the City Manager to enter into negotiations with O’Neill Conrad Oppelt Architects to provide design services for the Animal Shelter and Adoption Center. Staff negotiated a fee with O’Neill Conrad Oppelt Architects in the amount of $223,759, to which staff recommends a 10% contingency, for a total not-to-exceed amount of $246,135, payable from Bond funds approved by voters in November 2010. Staff recommends approval. Mayor Baldwin recognized Councilmember Edwards who moved, seconded by Mayor Pro-Tem Scagliola to approve Resolution No. 11-R-67. The vote was unanimous. Motion carried. City Events • Announcements of upcoming City Events (D. Harris/J. Bierschwale) Mayor Baldwin recognized Assistant City Manager David Harris who reminded everyone that the City office will be closed on December 26, 2011 in observance of the Christmas Holiday and January 2, 2012. Hearing of Residents Mayor Baldwin recognized the following who spoke: • Ms. Maggie Titterington, President of the Schertz Chamber of Commerce, who provided updated information regarding the Chamber. Mayor Baldwin recognized the following who spoke regarding problems with their homes in the Fairhaven Subdivision: 12-20-2011 Minutes • Mr. Bruce Touve, 5213 Brookline • Mrs. Faye Touve, 5213 Brookline • Ms. Brenda Davis, 5603 Storm King • Mr. Johnny Solis, 3717 Greenridge • Mr. Kenneth Russel, 6034 Mule Deer • Ms. Molly Casas, 5228 Brookline Presentations • SchertzFest Report and update. (J. Bierschwale) Mayor Baldwin recognized Assistant City Manager John Bierschwale who provided the following information regarding the outcome of the recent SchertzFest event: Revenues: Total Sales $107,925.55 Expenses - 95,282.73 Events Profit/Loss $ 12,642.82 *Event profit includes credit (4,375.00) Zambelli Fireworks Net Event’s Profit/loss $ 8,267.82 • Presentation and update regarding the Animal Services Facility. (P. Gaudreau) Mayor Baldwin recognized Mr. Phil Gaudreau who provided a briefing regarding the Animal Services Facility answering questions from Council. • Presentation and update regarding the City of Schertz CIP Projects. (P. Gaudreau) Mayor Baldwin recognized Mr. Phil Gaudreau who provided a briefing regarding the City of Schertz CIP Projects addressing Council concerns and answering questions. Worksession Items A. Discussion regarding the City Council Rules of Procedures (M. Spain) Mayor Baldwin stated that this item has been postponed to the January 3, 2012, meeting. EXECUTIVE SESSION Called under Section 551.071 Texas Government Code Litigation, pending or contemplated litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate. Council did not meet in executive session. 12-20-2011 Minutes 10. Take any action deemed necessary as a result of the Executive Session. No action taken. Requests and Announcements 11. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items requested. 12. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Baldwin recognized Councilmember Antuna who asked for information regarding the parking along Westchester. Assistant City Manager John Bierschwale stated that the Police Department is monitoring the parking on this street as well as parking in the Library parking lot. 13. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Baldwin recognized Mayor Pro-Tem Scagliola who stated that last Wednesday, he attended the Chamber Mixer and the Capital Chapter of Municipal Clerks luncheon. He also stated that Thursday, he attended the City of Schertz Holiday dinner. Mr. Scagliola stated that all three events had a common thread and that was the use of our Civic Center. Mayor Baldwin recognized Councilmember Antuna who wished everyone a Merry Christmas. Councilmember Antuna left at 7:22 p.m. Mayor Baldwin recognized Councilmember Fowler who stated that he is willing to share the duty of giving the invocation to other Councilmembers. Mayor Baldwin stated that any Councilmember who volunteers he would recognize them. Mayor Baldwin wished everyone a Merry Christmas and a Happy New Year. 12-20-2011 Minutes 14. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives Mayor Baldwin recognized City Manager John Kessel who read a note from Donna Thompson from the Senior Center thanking Mr. Cantu for his assistance in getting in contact with the right City employees regarding a recent water break. Mr. Kessel stated that he has safely moved into his house. Mr. Kessel wished everyone a very Merry Christmas and a Happy New Year. Mayor Baldwin recognized Assistant City Manager John Bierschwale who stated that he would be on vacation for the next week and half, and to contact Mr. Harris if anyone needs assistance. Adjournment Mayor Baldwin adjourned the meeting at 7:27 p.m. ___________________________________ Mayor ATTEST: _______________________________________ Brenda Dennis, TRMC, MMC City Secretary 50472689.1 Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: January 3, 2012 Department: Finance Subject: Ordinance 12-M-02 - GASB 54 Fund Balance Policy, First Reading BACKGROUND The Governmental Accounting Standards Board (GASB) has adopted Statement 54, a new standard for governmental fund balance reporting and governmental fund type definitions that became effective in governmental fiscal year starting after June 15, 2010. GASB is recognized by governmental entities, the accounting industry, and the capital markets as the official source of generally accepted accounting principles (GAAP) for state and local governments. City Staff recommends formally adopting GASB 54 requirements and applying such requirements to its financial statements beginning with the audit of FY 2010-11. FISCAL IMPACT None RECOMMENDATION Approval of Ordinance No. 12-M-02 on first reading ATTACHMENT Ordinance No. 12-M-02 50472688.1 -1- ORDINANCE NO. 12-M-02 AN ORDINANCE AUTHORIZING THE ADOPTION OF GASB 54 FUND POLICY STANDARDS AND APPLICATIONS; AND RELATED MATTERS IN CONNECTION THEREWITH WHEREAS, the Governmental Accounting Standards Board (“GASB”) is the independent organization that establishes and improves standards of accounting and financial reporting for state and local governments and is recognized by governments, the accounting industry, and capital markets as the official source of generally accepted accounting principles (GAAP) for state and local governments; WHEREAS, the Governmental Accounting Standards Board (“GASB”) has adopted Statement 54, a new standard for governmental fund balance reporting and governmental fund type definitions that became effective in governmental fiscal year starting after June 15, 2010; WHEREAS, the City Council (the “Council”) of the City of Schertz, Texas (the “City”) authorizes the implementation of GASB 54 requirements, and directs that such requirements be applied to its financial statements beginning with the October 1, 2010 to September 30, 2011 fiscal year; and WHEREAS, the City hereby finds and determines that the adoption of this Ordinance is in the best interests of the citizens of the City; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The Council hereby approves the adoption of the GASB 54 Standards Fund Balance Policy as attached in Exhibit A. Section 2. The Council delegates to the City Manager the responsibility to assign money in funds when authorized fund balance is available. Section 3. The Council hereby approves the definitions and procedures in Exhibit A. Section 4. The Council hereby approves the minimum General Fund Balance of a three-month reserve. If the reserve amount is less than the three-month reserve, the Council authorizes the City Manager to recommend a plan to build up the General Fund Balance to the minimum three-month reserve as soon as financially viable, which shall be within a five-year period. Section 5. All ordinances and resolutions, 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. 50472688.1 Section 6. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Council hereby declares that this Ordinance would have been enacted without such invalid provision. Section 8. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 9. This Ordinance shall be in force and effect from and after its final passage, and it is so ordered. PASSED ON FIRST READING on the 3rd day of January, 2012. PASSED AND ADOPTED on second and final reading on the _____ day of January, 2012. CITY OF SCHERTZ, TEXAS By: Mayor ATTEST: City Secretary (SEAL OF THE CITY) 50472688.1 A-1 EXHIBIT A GASB 54 FUND BALANCE POLICY (see Attached) 50472688.1 FUND BALANCE POLICY The Fund Balance shall mean the gross difference between governmental fund assets and liabilities reflected on the balance sheet. The General Fund Balance shall maintain a minimum balance of three-month reserve. If the General Fund Balance is less than the three- month reserve, the City Manager will recommend a plan to build up the General Fund Balance up to the minimum three-month reserve as soon as financially viable and must be within a five-year period. The City shall report governmental fund balances per GASB 54 definitions in the balance sheet as follows: • General Fund-to account for all financial resources not accounted for and not reported in another fund. • Nonspendable-cannot be spent because they are either not in a spendable form or legally or contractually required to maintain intact such as inventory, prepaids and permanent funds. • Restricted–has constraints that are either externally imposed by creditors, grantors, contributors, and laws or imposed by constitutional provisions. • Committed – formally designated by formal council action. Action should occur prior to the end of the year, but the amount may be determined later. Can only be changed/removed by the same formal process. • Assigned-Designations of amounts intended for specific purposes. Set by the council or an official entity to which the council has formally delegated the authority to assign amounts. Special revenue, capital projects and permanent funds are assigned (except that any deficits are unassigned). An assignment cannot create a deficit unassigned balance. • Unassigned-residual amount in general fund only (except for deficits in any other governmental fund). • Special Revenue Fund-to account for the proceeds of specific revenue sources that are restricted or committed to expenditure for special purposes other than debt service and capital projects. • Debt Service-to account for all financial resources that are restricted, committed, or assigned to expenditure for principal and interest. Financial resources that are being accumulated for principal and interest maturing in future years should be reported in debt service funds. • Capital Projects Fund-to account for all financial resources that are restricted, committed, or assigned to expenditure for capital outlays. 50472688.1 • Permanent Funds-to account for resources that are restricted to the extent that only earnings, and not principal, may be used for purposes that support the reporting government’s programs – that is, for the benefit of the government or its citizens. The City Council shall approve all commitments by formal action through ordinance. The action to commit funds must occur prior to fiscal year-end, to report such commitments in the balance sheet of the respective period, even though the amount may be determined subsequent to fiscal year-end. A commitment can only be modified or removed by the same formal action. The City Council delegates the responsibility to assign funds to the City Manager. Assignments may occur subsequent to year-end. The City Council will utilize funds in the following spending order: • Restricted • Committed • Assigned • Unassigned • Nonspendable 50479887.1 Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: January 3, 2012 Department: Public Works Subject: Resolution No. 12-R-01 Approval of Cibolo Valley Local Government Corporation Memorandum of Understanding and the City’s Initial $250,000 Contribution to the CVLGC BACKGROUND The City of Schertz, together with the Cities of Cibolo, Converse, Seguin and Selma, formed the Cibolo Valley Local Government Corporation (the “CVLGC”) in 2011. The purpose of the CVLGC is to acquire, construct, improve, enlarge, extend, repair, maintain, and operate a water utility system as a part of the ongoing process to acquire a dependable source of raw and potable water for the member cities of the CVLGC. The Memorandum of Understanding Among the Cities of Cibolo, Converse, Schertz, Seguin, and Selma, and the Cibolo Valley Local Government Corporation (the “MOU”) sets forth the agreements of the member cities regarding operations of the CVLGC. The MOU requires each member city to equally fund one fifth of the CVLGC’s estimated cost for obtaining the initial leases or well sites for production of groundwater, including administrative expenses. The amount of each city’s initial contribution is $250,000 to be paid as follows: (a) $125,000 on or before January 15, 2012; (b) $62,500 on or before April 2, 2012; and (c) $62,500 on or before July 2, 2012. FISCAL IMPACT $250,000, from account 575-533400 RECOMMENDATION Approval of Resolution No. 12-R-01 ATTACHMENT Resolution No. 12-R-01 with the Memorandum of Understanding Among the Cities of Cibolo, Converse, Schertz, Seguin, and Selma, and the Cibolo Valley Local Government Corporation attached 50479886.1 RESOLUTION NO. 12-R-01 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH THE CITIES OF CIBOLO, CONVERSE, SEGUIN, AND SELMA, AND THE CIBOLO VALLEY LOCAL GOVERNMENT CORPORATION, AUTHORIZING THE PAYMENT OF THE CITY’S INITIAL CONTRIBUTION OF $250,000 REQUIRED UNDER SUCH AGREEMENT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the “City”) has recommended that the City enter into a memorandum of understanding with the Cities of Cibolo, Converse, Seguin, and Selma, and the Cibolo Valley Local Government Corporation (“CVLGC”) relating to operations of the CVLGC; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with the Cities of Cibolo, Converse, Seguin, and Selma, and the CVLGC pursuant to the Memorandum of Understanding Among the Cities of Cibolo, Converse, Schertz, Seguin, and Selma, and the Cibolo Valley Local Government Corporation attached hereto as Exhibit A (the “Agreement”); and WHEREAS, the City Council has determined that it is in the best interest of the City to authorize the payment of the City’s initial contribution to the CVLGC of $250,000 required by the Agreement. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with the Cities of Cibolo, Converse, Seguin, and Selma, and the CVLGC in substantially the form set forth on Exhibit A. Section 2. The City Council further authorizes the City’s initial contribution of $250,000 to the CVLGC, as required by the Agreement, and directs the City Manager, or his designee, to cause the payment of the City’s initial contribution to the CVLGC in the following amounts and by the following dates: (a) $125,000 on or before January 15, 2012; (b) $62,500 on or before April 2, 2012; and (c) $62,500 on or before July 2, 2012. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. 50479886.1 Section 4. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 8. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 3rd day of January, 2012. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) 50479886.1 A-1 EXHIBIT A MEMORANDUM OF UNDERSTANDING AMONG THE CITIES OF CIBOLO, CONVERSE, SCHERTZ, SEGUIN, AND SELMA, AND THE CIBOLO VALLEY LOCAL GOVERNMENT CORPORATION 50479886.1 A-2 50479886.1 A-3 50479886.1 A-4 50479886.1 A-5 50479886.1 A-6 Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: January 3, 2012 Department: Mayor and Council Subject: Resignations – Appointments – Reappointments to the various Boards and Commissions BACKGROUND Appoint: Mr. Gordon Rae as a regular member to the Traffic Safety Advisory Commission. Mr. Rae is currently serving as an alternate on the Commission. RECOMMENDATION Appoint Mr. Gordon Rae as a regular member to the Traffic Safety Advisory Commission. This is per the recommendation from the interview board. ATTACHMENTS Email of interest Page 1 of 3 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: January 3, 2012 Department: Development Services Division: Planning and Zoning Subject: Ordinance No. 11-S-36 – Consider and act upon a request to rezone approximately 9.99± acres of land from General Business District (GB) to Apartment/Multi-Family Residential District (R-4). The property is more specifically described as a portion of the Toribio Herrera Survey No. 68, Abstract No. 153, City of Schertz, Guadalupe County, Texas, generally located on Schertz Parkway approximately .08 miles South of Legacy Oaks Parkway. First Reading GENERAL INFORMATION Owner/Applicant: Anthony Eugenio, Presidio Group Project Engineer: Tony Olfers, MBC Engineers LEGAL DESCRIPTION AND GENERAL LOCATION: A 9.99± acres of land described as a portion of the Toribio Herrera Survey No. 68, Abstract No. 153, City of Schertz, Guadalupe County, Texas, generally located on Schertz Parkway approximately .08 miles South of Legacy Oaks Parkway. BACKGROUND: • The site is currently undeveloped. • This item was presented to City Council by public hearing on December 6, 2011 at which time the Council unanimously voted to postpone the consideration of the ordinance first reading until January 3, 2012. LAND USES AND ZONING: Zoning Land Use Existing General Business District (GB) Undeveloped Proposed Apartment/ Multi-Family Dwelling District (R-4) Apartments City Council Memorandum Page 2 Page 2 of 3 Adjacent Properties: Zoning Land Use North Apartment/ Multi-Family Dwelling District (R-4) Legacy Oaks Apartments Multi- Family South Single Family Residential R-2 and Neighborhood Services (NS) Undeveloped East Schertz Parkway ROW West City of Selma - Residential Residential/undeveloped MINIMUM LOT DIMENSIONS: a. An additional 1,800 square feet of area for each unit after the first 3 units is required and a maximum density of 24 units per acre. b. This development falls under the additional design criteria for a Principal or Secondary arterial. SPECIAL INFORMATION: Public Services: This site will be serviced by City water and sewer, CPS Energy, Centerpoint Energy, AT&T and Time Warner. Public Improvements: If there are any public improvements required they will meet the Public Works Specifications design criteria. Floodplain: No portion of this property is within the 100 year floodplain. Tree Preservation/Mitigation: They will in no way cause destruction or damage to any heritage or protected trees. Parkland: Parkland dedication will be assessed per dwelling unit at time of platting. PUBLIC NOTICE: The public hearing notice was published in “The Daily Commercial Recorder” and the “Herald” on November 3, 2011. There were 13 notices mailed to surrounding property owners on October 20, 2011. As of this staff report the following responses were received: FAVOR (1) – Jesse Hellums, SPV Ventures City Council schedule is as follows: DATE ITEM ACTION Wednesday , November 9, 2011 Zoning P&Z Public Hearing Recommendation Tuesday, December 6, 2011 Zoning City Council Public Hearing Tuesday, January 3, 2012 Zoning City Council First Reading of Ordinance. Tuesday, January 10, 2012 Zoning City Council Final Reading of Ordinance. Minimum Lot Size And Dimensions Minimum Yard Setback (Ft) Miscellaneous Lot Requirements Code Zoning District Area Sq. Ft. Width Ft. Depth Ft. Front Ft. Side Ft. Rear Ft. Max Impervious Cover R-4 Apartment/ Multi-Family Dwelling District (R-4) 10,000 100 100 25 10 20 75% City Council Memorandum Page 3 Page 3 of 3 RECOMMENDATION: At the November 9, 2011 Planning and Zoning Commission meeting, Mr. Murray moved to forward to City Council a recommendation approval. Mr. Crawford seconded the motion; the motion carried with a 6 to 1 vote. STAFF RECOMMENDATION: Pursuant to the recommendation of the Planning and Zoning Commission, staff recommends Council approve the first reading of Ordinance No.11-S-36. CITY COUNCIL CRITERIA FOR CONSIDERATION: The City Council shall receive the written recommendation of the Planning and Zoning Commission regarding a proposed zoning change or zoning map amendment and shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4. The City Council may vote to approve, approve with conditions, or deny the amendment. The City Council may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more that 30 calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing in the final decision. FISCAL IMPACT: None ATTACHMENTS: Exhibits Ordinance ZC2011-011 Schertz Parkway Apartments ORDINANCE NO. 11-S-36 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE 11-S-15 BY REZONING APPROXIMATELY 9.99± ACRES OF LAND FROM GENERAL BUSINESS DISTRICT (GB) TO APARTMENT/MULTI- FAMILY RESIDENTIAL DISRICT (R-4) KNOWN AS SCHERTZ PARKWAY APARTMENTS. THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS A PORTION OF THE TORIBIO HERRERA SURVEY NO. 68, ABSTRACT NO. 153, GUADALUPE COUNTY, SCHERTZ, TEXAS. WHEREAS, Presidio Group is requesting to rezone approximately 9.99± acres of land it owns described in Exhibit “1”, attached hereto and incorporated herein by reference (hereinafter, the “Property”). WHEREAS, all required notices have been provided; WHEREAS, on November 9, 2011, the Planning and Zoning Commission conducted a public hearing, considered the criteria set forth in section 21.5.4 C of the City’s Unified Development Code (the “UDC”), and thereafter recommended approval of the request for a change in zoning classification to Apartment/Multi-Family Residential District (R-4). WHEREAS; on December 6, 2011, the City Council conducted a public hearing, considered the criteria set forth in section 21.5.4 C of the UDC and determined that this request is in the interest of the public safety, health, and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: SECTION I Subject to Section III below, the Property is hereby zoned Apartment/Multi-Family District (R-4) as shown in Exhibit 1. SECTION II The Official Zoning Map (Ordinance No. 11-S-15) of the City of Schertz described and referred to in Article 2 of the UDC shall be changed to reflect the above zoning amendment. SECTION III ZC2011-011 Schertz Parkway Apartments This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. SECTION IV The sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional or invalid, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. SECTION V Any person, firm, association of persons, corporation or other organization violating the provisions of this Ordinance shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation continues shall be deemed as a separate offense. Approved on first reading the __________day of January, 2012. PASSED, APPROVED AND ADOPTED on final reading the _________ day of January, 2012. ____________________________________ Mayor, City of Schertz, Texas ATTEST: ________________________________ City Secretary, City of Schertz, Texas (SEAL OF THE CITY) N O R T H 0’ SCALE: 1" = 100’ 50’100’200’300’ 9.99 ACRES NO.RADIUS DELTA TANGENT LENGTH CHORD BRG. CURVE DATA CHD. DIST. C1 786.00’4150’44" 300.50’ 574.05’S0840’33"E 561.38’ 64676 3 2 0 2 8 3 2 0 2 9 3 2 0 2 7 3 2 0 2 6 3 1 9 7 7 3 1 9 7 8 3 1 9 7 9 3 1 9 7 5 3 1 9 7 6 3 1 9 7 4 ODELL LANE 9 10 11 12 5678 9 8 7 1 0 1 1 6 5 12 8 9 10 7 6 11 1 2 5 NILE LANE MORA LANE 8 9 10 6 1 1 1 2 5 37 40 41 44 S C H E R T Z P A R K W A Y ( 86’ R. O. W. ) ( V O L. 5, P G. 73A ) ( 8 6 ’ R .O .W .) ( V O L . 6 , P G .6 7 1) L E G A C Y O A K S P A R K W A Y (VOL. 6, PG. 671) (VOL. 7, PG. 366) ( V O L . 2 , P G . 1 4 6 ) 98.22’ LOT 1, BLOCK 1 SPV, L.L.C. SUBDIVISION 3 1 9 6 3 3 1 9 6 2 3 1 9 6 1 3 1 9 6 0 3 1 9 5 9 3 1 9 5 8 3 1 9 0 9 3 1 9 1 0 3 1 9 1 1 3 1 9 0 8 7 3 1 9 0 7 3 1 9 0 6 115850 64671 REVISIONS: DATE NO.DESCRIPTION BY MACINA BOSE COPELAND & ASSOC., INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1035 Central Parkway North, San Antonio, Texas 78232 Tel. No. (210) 545-1122 Fax No. (210) 545-9302 www.mbcengineers.com 11: 0 2 : 3 4 A M 10 / 2 7 / 2 0 11 P : \ S c h e r t z \ 3 0 12 5 - L e g a c y O a k s II\ D e s ig n \ S k e t c h \ 3 0 12 5 z o n e _ s k 1. d g n t o lf e r s DESIGN DRAWN CHECKED DATE JOB NO. SHT.of JEH JJA 1 1 30125 PLAT ID# A/P# ZONING EXHIBIT OF 200’ 2 0 0 ’ 200’ 200’ DIETZ ROAD G R E E N V A L L E Y R D . SCHERTZ PKWY. L IV E O A K R D . W O O D L A N D O A K D R . I . H . 3 5 F.M. 3009 LEGACY OAKS PKWY ROY RICHARD DR. LOCATION MAP NOT TO SCALE SITE SCHERTZ C 1 (CITY OF SELMA) S U B D IV IS O N L IV E O A K H IL L S S U B D IV IS O N L IV E O A K H IL L S ( V O L . 2 , P G . 1 4 6 ) BLOCK 2 LOT 2 SUBDIVISON APARTMENTS LEGACY OAKS CITY LIMIT LINE C IT Y L IM IT L IN E 9 32029 44 LEGEND LOT NUMBER BLOCK NUMBER PROPERTY I.D. NUMBER 278.2’ MAP NO. 48187C0210F, EFFECTIVE DATE NOVEMBER 02, 2007. NO 100-YEAR FLOOD PLAIN EXIST ON THE SITE. NOTE: Chicago, Illinois 60659 64676 32029 32028 32027, 32026 Lemoine, Helga F 4426 Brideman Drive San Antonio, Texas 78219 31977 Harrell, Olive C 1494 Raven Court Punta Gorda, Florida 33950 31979 Smith Family Trust 351 Spur Trail Seguin, Texas 78155 31976 31975, 31974 31961, 31962 31960, 31959 31910, 31911 31908, 31907 31906, 31978 Eugenio, Anthony W 31963 Trillo, Jesse M & Elvira T 6231 Pancho Villa San Antonio, Texas 78238 31958 386 W Borgfeld Road Cibolo, Texas 78108 31909 64671 16607 Blanco Road Suite 201 San Antonio, Texas 78232 Plan and Trust TWC Associates Profit Sharing 115850 EM Limited Partnership 5653 N Lincoln Avenue PROPERTY ID OWNER ADDRESS Scheffler, Rebecca A ET AL San Antonio, Texas 78249 Suite 101 16160 College Oaks SPV Ventures, LLC Schertz, TX 78154 1060 Elbel Road Benton, LA. 71006 335 Kingston Rd. San Antonio, Texas 78217 Suite #910 1777 NE Loop 410 Universal City ISD Schertz, Cibolo & The Board of Trustees C/O Joan Morris Rose Frances Graves The Estate of Eugenio, Anthony W San Antonio, Texas 78217 Suite #910 1777 NE Loop 410 PHONE: 210.492.1300 SAN ANTONIO, TEXAS 78249 4711 SHAVANO OAKS WHITE-CONLEE DEVELOPMENT APPLICANT’S NAME/COMPANY: PHONE: 210.826.9000 SAN ANTONIO, TEXAS 78217 1777 NE LOOP 410, SUITE #910 ANTHONY W EUGENIO OWNER: ( E X IS T IN G A P A R T M E N T C O M P L E X ) Z O N IN G = R 4 OFFICE BUILDINGS EXISTING MEDICAL ZONING = GB VACANT UNDEVELOPED/ ZONING = NS VACANT UNDEVELOPED/ ZONING = NS VACANT UNDEVELOPED/ ZONING = R-2 VACANT UNDEVELOPED/ ZONING = R-2 UNDEVELOPED ZONING = GB EXISTING TO BE R-4 REQUESTING ZONING A 11.131 ACRE TRACT (VOL. 693, PG. 161-163) Schertz, TX 78154 1060 Elbel Road Universal City ISD Schertz, Cibolo & The Board of Trustees ABSTRACT NO. 153, CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS. 873, PAGE 734, SITUATED IN THE TORIBIO HERRERA SURVEY NO. 68, REMAINDER OF A CALLED 40.928 ACRE TRACT RECORDED ON VOLUME GUADALUPE COUNTY, TEXAS AND A CALLED 37.191 ACRES BEING THE CALLED 37.191 ACRE TRACT RECORDED IN VOLUME 1284, PAGE 525, A 9.99 ACRE (435,285 SQUARE FEET) TRACT OF LAND OUT OF A 7707 80 790 8 0 0 795 7 8 5 775765 7 6 0 N O R T H 0’ SCALE: 1" = 100’ 50’100’200’300’ 9.99 ACRES NO.RADIUS DELTA TANGENT LENGTH CHORD BRG. CURVE DATA CHD. DIST. C1 786.00’4150’44" 300.50’ 574.05’S0840’33"E 561.38’ 64676 3 2 0 2 8 3 2 0 2 9 3 2 0 2 7 3 2 0 2 6 3 1 9 7 7 3 1 9 7 8 3 1 9 7 9 3 1 9 7 5 3 1 9 7 6 3 1 9 7 4 ODELL LANE 9 10 11 12 5678 9 8 7 1 0 1 1 6 5 12 8 9 10 7 6 11 1 2 5 NILE LANE MORA LANE 8 9 10 6 1 1 1 2 5 37 40 41 44 S C H E R T Z P A R K W A Y ( 86’ R. O. W. ) ( V O L. 5, P G. 73A ) ( 8 6 ’ R .O .W .) ( V O L . 6 , P G .6 7 1) L E G A C Y O A K S P A R K W A Y (VOL. 6, PG. 671) (VOL. 7, PG. 366) ( V O L . 2 , P G . 1 4 6 ) 98.22’ LOT 1, BLOCK 1 SPV, L.L.C. SUBDIVISION 3 1 9 6 3 3 1 9 6 2 3 1 9 6 1 3 1 9 6 0 3 1 9 5 9 3 1 9 5 8 3 1 9 0 9 3 1 9 1 0 3 1 9 1 1 3 1 9 0 8 7 3 1 9 0 7 3 1 9 0 6 115850 64671 ABSTRACT NO. 153, CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS. 873, PAGE 734, SITUATED IN THE TORIBO HERRERA SURVEY NO. 68, REMAINDER OF A CALLED 40.928 ACRE TRACT RECORDED ON VOLUME GUADALUPE COUNTY, TEXAS AND A CALLED 37.191 ACRES BEING THE CALLED 37.191 ACRE TRACT RECORDED IN VOLUME 1284, PAGE 525, A 9.99 ACRE (435,285 SQUARE FEET) TRACT OF LAND OUT OF A REVISIONS: DATE NO.DESCRIPTION BY MACINA BOSE COPELAND & ASSOC., INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1035 Central Parkway North, San Antonio, Texas 78232 Tel. No. (210) 545-1122 Fax No. (210) 545-9302 www.mbcengineers.com 9 : 3 4 : 2 6 A M 10 / 2 6 / 2 0 11 P : \ S c h e r t z \ 3 0 12 5 - L e g a c y O a k s II\ D e s ig n \ S k e t c h \ 3 0 12 5 z o n e _ s k 1. d g n t o lf e r s DESIGN DRAWN CHECKED DATE JOB NO. SHT.of JEH JJA 1 1 30125 PLAT ID# A/P# ZONING EXHIBIT OF 200’ 2 0 0 ’ 200’ 200’ DIETZ ROAD G R E E N V A L L E Y R D . SCHERTZ PKWY. L IV E O A K R D . W O O D L A N D O A K D R . I . H . 3 5 F.M. 3009 LEGACY OAKS PKWY ROY RICHARD DR. LOCATION MAP NOT TO SCALE SITE SCHERTZ C 1 (CITY OF SELMA) S U B D IV IS O N L IV E O A K H IL L S S U B D IV IS O N L IV E O A K H IL L S ( V O L . 2 , P G . 1 4 6 ) BLOCK 2 LOT 2 SUBDIVISON APARTMENTS LEGACY OAKS CITY LIMIT LINE C IT Y L IM IT L IN E 9 32029 44 LEGEND LOT NUMBER BLOCK NUMBER PROPERTY I.D. NUMBER 278.2’ MAP NO. 48187C0210F, EFFECTIVE DATE NOVEMBER 02, 2007. NO 100-YEAR FLOOD PLAIN EXIST ON THE SITE. NOTE: Chicago, Illinois 60659 64676 32029 32028 32027, 32026 Lemoine, Helga F 4426 Brideman Drive San Antonio, Texas 78219 31977 Harrell, Olive C 1494 Raven Court Punta Gorda, Florida 33950 31979 Smith Family Trust 351 Spur Trail Seguin, Texas 78155 31976 31975, 31974 31961, 31962 31960, 31959 31910, 31911 31908, 31907 31906, 31978 Eugenio, Anthony W 31963 Trillo, Jesse M & Elvira T 6231 Pancho Villa San Antonio, Texas 78238 31958 386 W Borgfeld Road Cibolo, Texas 78108 31909 64671 16607 Blanco Road Suite 201 San Antonio, Texas 78232 Plan and Trust TWC Associates Profit Sharing 115850 EM Limited Partnership 5653 N Lincoln Avenue PROPERTY ID OWNER ADDRESS Scheffler, Rebecca A ET AL San Antonio, Texas 78249 Suite 101 16160 College Oaks SPV Ventures, LLC Schertz, TX 78154 1060 Elbel Road Benton, LA. 71006 335 Kingston Rd. San Antonio, Texas 78217 Suite #910 1777 NE Loop 410 Universal City ISD Schertz, Cibolo & The Board of Trustees C/O Joan Morris Rose Frances Graves The Estate of Eugenio, Anthony W San Antonio, Texas 78217 Suite #910 1777 NE Loop 410 PHONE: 210.492.1300 SAN ANTONIO, TEXAS 78249 4711 SHAVANO OAKS WHITE-CONLEE DEVELOPMENT APPLICANT’S NAME/COMPANY: PHONE: 210.826.9000 SAN ANTONIO, TEXAS 78217 1777 NE LOOP 410, SUITE #910 ANTHONY W EUGENIO OWNER: ( E X IS T IN G A P A R T M E N T C O M P L E X ) Z O N IN G = R 4 OFFICE BUILDINGS EXISTING MEDICAL ZONING = GB VACANT UNDEVELOPED/ ZONING = NS VACANT UNDEVELOPED/ ZONING = NS VACANT UNDEVELOPED/ ZONING = R-2 VACANT UNDEVELOPED/ ZONING = R-2 UNDEVELOPED ZONING = GB EXISTING TO BE R-4 REQUESTING ZONING A 11.131 ACRE TRACT (VOL. 693, PG. 161-163) Schertz, TX 78154 1060 Elbel Road Universal City ISD Schertz, Cibolo & The Board of Trustees 7707 80 790 8 0 0 795 7 8 5 775765 7 6 0 Page 1 of 5 Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: January 3, 2012 Department: Development Services Division: Planning and Zoning Subject: Ordinance No. 12-S-01 – Consider and act upon a request to rezone approximately 788.8577± acres of land out of 852.2± acres of land which is zoned Planned Unit Development District (PUD) from Planned Unit Development District (PUD) to Planned Development District (PDD) generally for mixed use development. The 788.8577± acres of property is more specifically described as a portion of the Julian Diaz Survey No. 66, Abstract No. 187 County Block 5059, and also a portion of the E.R. Evans Survey No. 80, Abstract No. 216, County Block 5060, and also a portion of the Geronimo Leal Survey No. 79, Abstract No. 424, County Block 5058, City of Schertz, Bexar County, Texas, generally located west of FM 1518 at Lower Seguin Road. First Reading PUBLIC HEARING and FIRST READING GENERAL INFORMATION Owner/Applicant: Chris Price, Schertz 1518, Ltd. Project Engineer: Jesse Malone, Malone/Wheeler Engineering LEGAL DESCRIPTION AND GENERAL LOCATION: The original approximately 850-acre Sedona Subdivision was established as a Planned Unit Development (PUD) on August 16, 2005 and amended on May 24, 2006. In August 2011, a reformulated Sedona Subdivision development team approached the City about the possibility of “upgrading” the remaining approximately 790 acres of the subdivision’s standards and plans outlined in the Planned Unit Development (PUD) document in an attempt to better respond to changing market conditions. At the same time, the City recognized this as an opportunity to create a Master Planned neighborhood—the first in the City—that would set the tone of City Council Memorandum Page 2 Page 2 of 5 development in the Southern Sector of Schertz. This request is to change approximately 790 acres of existing Planned Unit Development District (PUD) to Planned Development District (PDD) generally for mixed used development. PROJECT DESCRIPTION Since August, staff has been fast-tracking the revised Sedona Trails Planned Development District (PDD) with the developers to create a Master Planned development. Highlights of this reformulated development are as follows: • Creation of clustered development with a village concept and greater open space • Focus on variety, community, and healthy lifestyles • Defining a themed master plan with key design elements (color palettes, continuity of landscaping, lighting, street signs, wall materials, architectural elements) • Community focal points consisting of pocket parks, playscapes, and HOA amenity centers • An expanded trail network and greenbelt park system • Embracing and implementing key Gateway Planning concepts important to the South Schertz area including FM 1518, Woman Hollering Creek, cluster style development, and neighborhood business district These major design elements are continued within the overall master plan, including “must build” streets, open spaces, trails, and design elements. PROCESS AND STEPS Sedona Trails will be divided into three phases, the timing of which will be presented to the Planning and Zoning Commission and City Council over the course of the next year. Module I is the current packet for your consideration. This module sets the tone or theme for future modules and includes infrastructure—major entry features, drainage, water/wastewater, amenity center, parks, and road and trail systems. Initial development will be concentrated in the “middle” 182 acres of the subdivision and will almost exclusively focus on single family residential. Module II is to be considered by Planning and Zoning Commission and Council in approximately two months from now. This module will focus on architectural standards for a much more intensive development area and will expand the subdivision by focusing on the North 108 acres (approximately Lower Seguin Road and FM 1518). Anticipated uses include multi-family apartments, townhomes, garden/patio homes and a diverse commercial/service district. City Council Memorandum Page 3 Page 3 of 5 Module III will come before the Planning and Zoning Commission and Council toward the end of 2012. It will focus on the southern-most 499 acres and, currently focuses on single family residential, commercial, and office uses. The existing approximate 61 acre (171 lot) Sedona Subdivision (Lennar and DR Horton as builders) will remain under the terms of the current PUD as last amended in May 2006. The Sedona TIRZ may be reconsidered in the future to allow for the construction and equipping of a relocated Fire/EMS station. This may require an expansion of the City portion of the payback period to fund these kinds of improvements. BENEFITS TO THE COMMUNITY In summary, this project will allow for a diversity of housing choices including more housing product types thus allowing for people to remain in the community as their housing needs change throughout their lifetime. For instance, one could raise a family in a single family home, downsize to a townhome or garden home once the children have gone off to college, then move to an independent senior living community, then on to an assisted living community, meanwhile allowing for the maintenance of friendships and connectivity to the same area. Further, the community will have a common design theme in architecture, trails and parks, and infrastructure. Further, the project advances the vision of the South Schertz planning efforts. LAND USES AND ZONING: Zoning Land Use Existing Planned Unit Development (PUD) Partially developed residential Proposed Planned Development District (PDD) Residential, commercial, open space, public Adjacent Properties: Zoning Land Use North Residential Agricultural (RA) Agricultural South Residential Agricultural (RA) Residential Agricultural East FM 1518 ROW West Residential Agricultural (RA) and General Business (GB) Residential Agricultural LOT DIMENSIONS: Lot dimensions vary throughout the development. As this project develops the various lot dimensions and setbacks will be established for all of Sedona Trails. SPECIAL INFORMATION: City Council Memorandum Page 4 Page 4 of 5 Public Services: This site will be serviced by City water and sewer, CPS Energy, Centerpoint Energy, AT&T and Time Warner. Parks and Recreation: This development will provide an extensive park plan and trail system. Public Improvements: All public improvements will meet the Public Works Specifications design criteria. Floodplain: A portion of this property is within the 100 year floodplain mainly in the area of Woman Hollering Creek. Tree Preservation/Mitigation: Tree mitigation will be reviewed at preliminary platting. PUBLIC NOTICE: The public hearing notice was published in “The Daily Commercial Recorder” on December 9, 2011 and the “Herald” on December 15, 2011. There were 121 notices mailed to surrounding property owners on December 8, 2011. As of this staff report the following responses were received: In Favor Opposed Neutral 10 2 0 City Council schedule is as follows: DATE ITEM ACTION Tuesday, January 3, 2012 Zoning P&Z Public Hearing Recommendation Tuesday, January 3, 2012 Zoning City Council Public Hearing and First Reading of Ordinance. Tuesday, January 10, 2012 Zoning City Council Final Reading of Ordinance. STAFF RECOMMENDATION: The Zone Change and MDP have been reviewed by Planning, Engineering, Public Works, Parks and Recreation, Fire, and Inspections department and City management with no objections; therefore staff recommends approval of this item. This zone change and MDP provide for the type of mixed use development the City envisions for the future of the community; the elements and design proposed within the project provide for the quality of life features necessary to successfully sustain a community. This community provides a unique and diverse mix of residential and commercial options and a wide variety of pocket parks, community parks and hike and bike trails. The development will not lack character or landscaping. Sedona Trails is anticipated to combine a variety of land uses – mixed-density residential, retail, office, medical facilities, independent and assisted living as well as publicly accessible open parkland, trail systems and community facilities. This diversity of land use is meant to encourage a vibrant community where residents enjoy a healthy and fulfilling lifestyle. RECOMMENDATION: The Planning and Zoning Commission recommendation will be provided at the City Council meeting. City Council Memorandum Page 5 Page 5 of 5 CITY COUNCIL CRITERIA FOR CONSIDERATION: The City Council shall receive the written recommendation of the Planning and Zoning Commission regarding a proposed zoning change or zoning map amendment and shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4. The City Council may vote to approve, approve with conditions, or deny the amendment. The City Council may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more that 30 calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing in the final decision. FISCAL IMPACT: None Attachments: Draft ordinance Exhibit Public hearing responses 50479888.1 - 1 - ORDINANCE NO. 12-S-01 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO. 08-S-07 BY REZONING APPROXIMATELY 788.8577± ACRES OF LAND OUT OF 852.2± ACRES OF LAND WHICH IS ZONED PLANNED UNIT DEVELOPMENT DISTRICT (PUD) FROM PLANNED UNIT DEVELOPMENT DISTRICT (PUD) TO PLANNED DEVELOPMENT DISTRICT (PDD) GENERALLY FOR MIXED USE DEVELOPMENT. THE 788.8577± ACRES OF PROPERTY IS MORE SPECIFICALLY DESCRIBED AS A PORTION OF THE JULIAN DIAZ SURVEY NO. 66, ABSTRACT NO. 187 COUNTY BLOCK 5059, AND ALSO A PORTION OF THE E.R. EVANS SURVEY NO. 80, ABSTRACT NO. 216, COUNTY BLOCK 5060, AND ALSO A PORTION OF THE GERONIMO LEAL SURVEY NO. 79, ABSTRACT NO. 424, COUNTY BLOCK 5058, CITY OF SCHERTZ, BEXAR COUNTY, TEXAS, GENERALLY LOCATED WEST OF FM 1518 AT LOWER SEGUIN ROAD; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Schertz, Texas (the “City”) desires to rezone approximately 788.8577± acres of land out of 852.2± acres of land. The 788.8577± acres of property is more specifically described as a portion of the Julian Diaz Survey No. 66, Abstract No. 187 County Block 5059, and also a portion of the E.R. Evans Survey No. 80, Abstract No. 216, County Block 5060, and also a portion of the Geronimo Leal Survey No. 79, Abstract No. 424, County Block 5058, City of Schertz, Bexar County, Texas, generally located west of FM 1518 at Lower Seguin Road (the “Property”), which Property is more particularly described on Exhibit A; WHEREAS, all required notices have been provided; WHEREAS, on January 3, 2011, the Planning and Zoning Commission of the City conducted a public hearing and thereafter recommended approval of the request for a zoning change of the Property from Planned Unit Development District (PUD) to Planned Development District (PDD) in accordance with the Sedona Trails Planned Development District Master Development Plan Design Standards attached as Exhibit B (the “Design Standards”); WHEREAS, on January 3, 2011, the City Council of the City conducted a public hearing and determined that the rezoning request is in the interest of the public safety, health, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The Property is hereby zoned Planned Development District (PDD) in accordance with the Design Standards. 50479888.1 - 2 - Section 2. The Official Zoning Map (Ordinance No. 08-S-07) of the City described and referred to in Article 2 of the Unified Development Code shall be changed to reflect the above amendments. Section 3. Notwithstanding anything in the Design Standards to the contrary, no plats, site plans, or permits shall be approved for any property located in Module II (as defined in the Design Standards) or Module III (as defined in the Design Standards) until such time as the Design Standards are amended to address the applicable module. Section 4. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 5. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance or the Amended and Restated Unified Development Code authorized herein are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 6. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 8. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 9. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. 50479888.1 - 3 - PASSED ON FIRST READING, the 3rd day of January, 2011. PASSED, APPROVED and ADOPTED ON SECOND READING, the ____ day of _____________, 2011. Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz, Texas (Seal of City) 50479888.1 A-1 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY 50479888.1 A-2 50479888.1 A-3 50479888.1 A-4 50479888.1 A-5 50479888.1 A-6 50479888.1 A-7 50479888.1 A-8 50479888.1 A-9 50479888.1 A-10 50479888.1 A-11 50479888.1 A-12 50479888.1 A-13 50479888.1 A-14 50479888.1 A-15 50479888.1 A-16 50479888.1 A-17 50479888.1 A-18 50479888.1 A-19 50479888.1 A-20 50479888.1 A-21 50479888.1 A-22 50479888.1 A-23 50479888.1 A-24 50479888.1 A-25 50479888.1 A-26 50479888.1 A-27 50479888.1 A-28 50479888.1 A-29 50479888.1 A-30 50479888.1 A-31 50479888.1 A-32 50479888.1 A-33 50479888.1 B-1 EXHIBIT B SEDONA TRAILS PLANNED DEVELOPMENT DISTRICT MASTER DEVELOPMENT PLAN DESIGN STANDARDS Sedona Trails Planned Development District Master Development Plan Design Standards Presented by: Schertz 1518, Ltd. Developer/ Applicant 12/21/2011 Sedona Trails PDD Sedona Trails Table of Contents 1. Purpose and Overview 1.1 Amendment to Module I Filing 2. Legal Description/ Metes and Bounds 3. Overall Conceptual Master Plan 3.1 Purpose and Overview 3.2 Overall Conceptual Master Plan, Exhibit 3.3 Module Plan, Exhibit 4. Engineering Master Plan 4.1 Engineering Master Plan, Exhibits 5. Module I 5.1 Purpose and Overview 5.2 Module I Conceptual Master Plan, Exhibit 6. Module II 6.1 Purpose and Overview 6.2 Module II Conceptual Master Plan, Exhibit 7. Module III 7.1 Purpose and Overview 7.2 Module III Conceptual Master Plan, Exhibit 8. Infrastructure Standards 8.1 Introduction 8.2 Roadways 8.2.1 Existing Schnebly Drive 8.2.2 60’ ROW Crowned Residential Collector w/ Sidewalk, Exhibit 8.2.3 50” ROW Crowned Local Street w/ Sidewalk, Exhibit 8.2.4 60’ ROW Pitched Residential Collector w/ Sidewalk, Exhibit 8.2.5 50’ ROW Pitched Local Street w/ Sidewalk, Exhibit 8.2.6 50’ ROW Inverted Crown Local Street w/ Sidewalk, Exhibit 8.2.7 Non-Residential Collector 8.2.8 Typical Cul-de-sac, Exhibit 8.2.9 Typical Roundabout, Exhibit 8.2.10 Curb Sections, Exhibit 12/21/2011 Sedona Trails PDD 8.2.11 Slip Roads 8.3 TIA Compliance 8.4 Water/ Waste Water LUE Table 8.5 Drainage 8.5.1 Introduction 8.5.2 Exhibit: see Section 4: Engineering Master Plan for Drainage Maps 8.5.3 Drainage Swale/ Channel Typical Engineering Cross-section, Exhibit 8.5.4 Drainage Swale Landscape Illustration, Exhibit 9. Community and Public Amenity Standards 9.1 Introduction 9.2 Landscape Design 9.2.1 Entry Features 9.2.2 Public Lighting 9.2.3 Public Fencing/ Walls 9.2.4 Trees/ Plant Materials 9.2.5 View Corridors 9.2.6 Playscapes 9.2.7 Pocket Parks 9.2.8 Mail Kiosks 9.2.9 Drainage Swales 9.2.10 Allowable Landscaping in ROW 9.2.11 Thematic Elements/ Materials in Sidewalks, Crosswalks 9.3 Color Palette 9.4 Community Graphics 9.5 Signage 9.5.1 Permanent Signage 9.5.2 Temporary Signage 9.6 Wayfinding 9.7 Amenity Centers 9.8 Parking Standards 9.8.1 Slip Roads 9.8.2 Pocket Parks/ Mail Kiosks 9.9 Property Owners’ Associations 12/21/2011 Sedona Trails PDD 10. Greenbelt, Parks Open Space Plan 10.1 Introduction 10.2 Greenbelt, Parks, and Open Space Plan, Exhibit 10.3 UDC Required Open Spaces and Fees 11. Transportation Master Plan 11.1 Introduction 11.2 Must-Build Roads Plan, Exhibit 11.3 Module I Roads Plan, Exhibit 11.4 Module II Roads Plan, Exhibit 11.5 Module III Roads Plan, Exhibit 11.6 Trail Hierarchy and Standards 11.7 Trail and Sidewalk Network Plan, Exhibit 12. Land Use Matrix 12.1 Living Unit Equivalent Description 12.2 Land Usage Classifications 12.2.1 Improved Property Land Uses 12.2.1.1 Improved Residential Land Uses 12.2.1.1.1 Detached Single-Family Residential 12.2.1.1.2 Attached Single-Family Residential 12.2.1.1.3 Multistory Attached Single-Family Residential 12.2.1.2 Improved Non-residential Land Uses 12.2.2 Unimproved Property Land Uses 12.3 Land Use Dimensional Requirement 12.3.1 Residential Dimensional Requirement Table 12.3.2 Non-Residential Dimensional Requirement Table 12.4 Land Use Allocation 12.4.1 Master Plan/ Module Description 12.4.2 Master Plan/ Module Graphic Depiction Exhibit 12.4.3 Land Use Allocation Table: Total Project 13. Architectural Standards 13.1 Standards: Module I 13.2 Standards: Module II 12/21/2011 Sedona Trails PDD 13.3 Standards: Module III 14. Conceptual Master Plan and Design Standards: Special Exceptions 15. Definitions and References 12/21/2011 Sedona Trails PDD 1. Purpose and Overview The Sedona Trails Master Planned Community (“Sedona Trails”) was originally established as a Planned Unit Development by Ordinance of the City of Schertz, Texas (“the City”) on August 16, 2005 (the “Sedona PUD”). The Sedona PUD was subsequently amended by Amendment #1 which was submitted on May 24, 2006 (the “First Amendment”). Since approval of the First Amendment, the housing market has experienced significant challenges, and consumer demand and sentiment has changed. Additionally, the application of development standards contained in the First Amendment revealed inconsistencies with associated development documents. These inconsistencies, combined with changes in the economy prompted a wholesale review and evaluation of the entire Sedona PUD by the Development Team in collaboration with the Staff of the City. For the remainder of this Master Development Plan (“MDP”), reference will be made to the Sedona Trails Planned Development District (the “Sedona Trails PDD”) as authorized by Article 5, Section 21.5.10, et seq., of the Schertz Unified Development Code effective and most recently amended as of May 24, 2011 (“UDC”). Schertz 1518, Ltd (hereinafter alternatively referred to as “Applicant” or “Developer”) makes this application for an amendment to the Sedona PUD. “The purpose of the Planned Development District is to promote and encourage innovative development that is sensitive to surrounding land uses and to the natural environment. If this necessitates varying from available zoning districts, the proposed development should demonstrate community benefits. A PDD should not be used to deviate from the provisions of this UDC in a way that contradicts its intent.” Schertz UDC; Sec. 21.5.10 To accommodate the whole development cycle of a Master Planned Community (“MPC”), a PDD requires flexibility combined with standards that preserve the original integrity and intent of the project. The breadth and scope of MPCs entail a lengthy development period which frequently encounters changes in market and economic cycles. A PDD is intended to incorporate flexibility to accommodate changes in market conditions, product innovation, consumer demand and sentiment and similar development considerations. Sedona Trails is anticipated to combine a variety of land uses – mixed-density residential, retail, office, medical facilities, independent and assisted living as well as publicly accessible open parkland, trail systems and community facilities. This diversity of land use is meant to encourage a vibrant community where residents enjoy a healthy and fulfilling lifestyle. Common thematic elements will bind the various land use components of Sedona Trails and will create a community united by high aesthetic, construction, and architectural standards. Community and Public Amenity Standards will establish minimum design requirements for the entire Sedona Trails PDD to ensure consistency throughout the community. These minimum requirements will specify values well above those requirements for a normal housing development. The Sedona Trails PDD will include Infrastructure Standards which will govern roadway construction, sidewalks and trails, drainage plans, water and wastewater, and similar 12/21/2011 Sedona Trails PDD matters; a Transportation Master Plan which will address roads, trails and access; and Architectural Standards which will dictate elements of each individual product type throughout the community. Each of these is discussed in greater detail throughout these materials. 1.1 Amendment to Module I Filing This amendment to the PDD for Sedona Trails is the first of a series of amendments which will set forth a new Overall Conceptual Master Plan and amend the Land Use Categories, Design Standards, and other matters associated with the original Sedona PUD. It is acknowledged that the amendment proposed hereby is an amendment to the original Sedona PUD (as previously amended) and is the first of a series of amendments that are intended to be part of an overall comprehensive and revised PUD. For the purposes of clarification, reference to PUD herein as originally approved for Sedona Trails will hereafter be referred to as a PDD in conformity with recent amendments to the UDC (hereinafter defined). This initial proposed amendment to the Sedona Trails PDD is intended to provide an Overall Conceptual Master Plan and to establish minimum standards associated with certain infrastructure requirements, design issues, and related matters for the overall community as well as more detailed guidelines for Module I. Subsequent amendments to the Sedona Trails PDD will focus on Module II and Module III which have a different character and personality from Module I and from one another. There are certain elements associated with the Overall Conceptual Master Plan and Community and Public Amenity Standards which are not specifically defined at the point of submission for this initial amendment. In addition, the Design Standards (defined hereafter) for the individual Land Use Categories in Module I are not complete as of this initial submission. It is understood and agreed by Applicant and the City that no building and construction permits for the construction of residential dwellings in Sedona Trails will be issued until such time as the Infrastructure Standards, Community and Public Amenity Standards, and Architectural Standards for Land Uses (collectively, “Design Standards”) within Module I have been agreed and approved by the City through its normal approval process. However, construction plans, preliminary plans, and final plats may be approved, and related construction permits for drainage, roadway, utility and similar infrastructure may be issued prior to such time as all such Design Standards have been approved. Further, it is also understood and agreed that this amendment to the Sedona Trails PDD as well as the subsequent amendments noted above to include Module II and Module III will be governed by and will subscribe to the UDC in effect as of the date of this submission. For the purposes of clarity, the governing UDC shall be the Amended and Restated Unified Development Code originally adopted by Ordinance 10-S-06 on April 13, 2010 with subsequent amending ordinances of: Ordinance No. 10-S-11 (May 18, 2010) Ordinance No. 10-S-28 (September 28, 2010) Ordinance No. 10-S-29 (September 28, 2010) Ordinance No. 11-S-15 (May 24, 2011) 12/21/2011 Sedona Trails PDD Provided, however, any subsequent amendments to the UDC which shall govern issues of health and safety or that are mandated by the State of Texas shall be controlling over the Sedona Trails PDD regardless of the date of passage or effect. 12/21/2011 Sedona Trails PDD 2. Legal Description/ Metes and Bounds, Exhibit attached 12/21/2011 Sedona Trails PDD Tract Descriptions Acres ESD Site off Ware-Seguin Road 3.10 32' Sanitary Sewer, Electric and Access Easement 1.36 32' Sanitary Sewer, Electric and Access Easement 2.739 Tract b/w Lower Seguin and Ware Seguin including 13.10 Acre Park 703.306 Lift Station Site 0.3067 Wastewater Treatment Plant Site 8.85 Tract North of Lower Seguin Road 69.196 Total 788.8577 Sedona Trails Metes and Bounds Description Acreage Summary 3. Overall Conceptual Master Plan 3.1 Purpose and Overview The Sedona Trails Overall Conceptual Master Plan envisions a unified community incorporating a diverse mix of public and private land uses. The community will provide a variety of residential options appealing to a broad market, from single adults to families to empty-nesters and retirees. Multi-family housing, townhomes, single-family homes, and independent and assisted living facilities will exist within a vibrant network of civic, retail, office, medical, religious, and school facilities. All residents will enjoy access to meeting and amenity centers along with a transportation network that encourages pedestrian use. An extensive trail network, significant open space and greenbelts in combination with a parks network will foster a community spirit. The land plan and vision for Sedona Trails creates much more than options for residential dwellings – it creates a place residents will be proud to call home. Community parks, pocket parks, hike and bike trails, greenbelts, ponds, and open-space provide residents with enjoyable common spaces that emphasize the rural, natural ambiance of Sedona Trails. Community and Public Amenity Standards, Infrastructure Standards, and Architectural Standards for each type of residential and commercial building insure a high level of aesthetic continuity and construction and development quality. The goal of the Sedona Trails PDD plan is a neighborhood where residents’ private and civic needs are met and where meaningful interactions with the environment, neighbors, and the community are encouraged. The Sedona Trails Overall Conceptual Master Plan encompasses the full 788.86 acres of the project development area. A project of this scope evolves over many years and must allow for development flexibility to accommodate changes in market demands and consumer sentiment. Such flexibility is incorporated into the Sedona Trails PDD while, at the same time, this document’s design standards provide predictability to the overall general development. The Overall Conceptual Master Plan is divided into three distinct geographical Modules that are defined by their primary components and anticipated land uses. Module I is predominantly single-family residential and is adjacent to the existing housing development which evolved from the original Sedona PUD. This area will be developed first and will provide a solid residential base which will serve as a catalyst for the development in Module II and Module III. Module I also includes the amenities which are the hallmark of a master planned community. In addition to the swimming pool, pavilions, hike and bike trails, and other available amenities, residents of Module I will also have access to Heritage Oaks Park, 14 acres of majestic trees and open spaces which have been donated by the Applicant to the City of Schertz for the benefit of the entire constituency of the City. Module II will contain civic, retail, office, multi-family, townhome and similar higher density residential land uses. Module II will be the most densely populated and most heavily site-planned area of Sedona Trails. Integrated with Module I through walking trails and other pedestrian access, Module II will also provide the neighborhood retail services which are essential to creating a sense of vitality. The commercial areas of 12/21/2011 Sedona Trails PDD Module II will be dominated by the Town Center areas north and south of Lower Seguin Road. Module II responds to the City of Schertz Comprehensive Plan planning charette to create a “Town Center” for the South Schertz area. Module III lies to the south of Woman Hollering Creek and enjoys greater topographic relief than the other two Modules. Module III will combine single-family homes with clustered pods of garden homes and villas, townhomes and similar residential opportunities which provide for smaller and denser residential living. Module III may include medical facilities, neighborhood and retail services, assisted living, independent living, civic, church, and school facilities. Module III will blend diverse residential options with mixed-use development which enhances the overall Sedona Trails community. Considerable land area for greenbelt/ recreational use in Module III will provide extensive natural and open areas for the use and benefit of the entire Sedona Trails PDD. The comprehensive Overall Conceptual Master Plan combines these three Modules into a vibrant, diverse community that prizes quality of life and neighborhood identity. 3.2 Overall Conceptual Master Plan, Exhibit attached The attached Overall Conceptual Master Plan graphically depicts the anticipated development of the overall Sedona Trails community. 3.3 Module Plan, Exhibit attached The attached Module Plan graphic illustrates the three separate modules which are part of this Sedona Trails PDD amendment. 12/21/2011 Sedona Trails PDD 4. Engineering Master Plan 4.1 Engineering Master Plan, Exhibit attached The attached Engineering Master Plan provides the foundational engineering documents for the Sedona Trails PDD. 12/21/2011 Sedona Trails PDD 5. Module I 5.1 Purpose and Overview Module I consists of approximately 182.32 acres and occupies the geographical center of Sedona Trails. The dominant land use in Module I will be Detached Single-Family Residential as further defined in the Sedona Trails PDD. While the residential living in Module I will be primarily traditional single-family housing, it will provide a unique community experience–generally unlike any competing residential option in the immediate market area. Sedona Trails will include planning concepts calculated to create a pleasant, healthy environment while fostering close-knit and connected neighborhoods. The unique land plan emphasizes curving streets which group homes in clusters on short cul-de-sacs. This plan insures that there are no driveway cuts on main collector roads, encourages side-entry garage placement, and slows traffic in residential areas. Drainage swales behind many of these home clusters are part of a greenbelt system which winds throughout Sedona Trails. A trail network combines with the greenbelt system to provide an open pedestrian transportation network which connects and binds the community together. Drainage swales will be extensive, in some cases in excess of 200 feet wide– providing a generous greenbelt proximate to a vast number of residences in Module I. Combining open space, a curving and animated street design, and a high proportion of cul-de-sacs makes for an appealing streetscape, insuring visual variety while providing easy access to open green-space. Neighborhood pocket parks will feature playscapes and centrally located mail kiosks to encourage community interaction. Extensive landscaping will make the pocket parks and mail kiosks pleasant focal points in the midst of the community. Residents will enjoy an extensive hike and bike trail network and an amenity center featuring a community pool, pavilion, and spaces for public and private gatherings. Heritage Oaks Park, a 14 acre municipal park contributed by the Applicant and located on the western edge of Module I, will offer outdoor picnic facilities and a covered pavilion. All residences, as well as the landscaping, signage, and other features in Module I, will adhere to Sedona Trails PDD Community and Public Amenity and Architectural Standards and will combine to create an environment that instills pride in its residents and sets the standard for the remainder of Sedona Trails. The predominance of traditional single-family residences in Module I establish an underlying foundation and demographic base which, in turn, is the catalyst for the development of broader and more diverse mixed uses in Module II and Module III. 5.2 Module I Conceptual Master Plan, Exhibit attached The attached Conceptual Master Plan provides a graphical representation of the anticipated land uses in Module I. 12/21/2011 Sedona Trails PDD 6. Module II 6.1 Purpose and Overview Module II consists of 107.57 acres located at the northern end of the Sedona Trails PDD. This Module will feature mixed-use facilities as well as higher density residential options and will be the commercial and civic hub of the Sedona Trails development. Planned land usages include City of Schertz Emergency Services, community amenity centers, retail, office, multi-family residences, and townhome villages. This area will be the most densely populated and site-plan intensive portion of the Sedona Trails PDD. Module II is located on both the north and south sides of Lower Seguin Road. Module II will be the “Town Center” of Sedona Trails and will be a vibrant community center providing convenient and pleasant shopping, work, and public space – all essential to a successful neighborhood. Module II provides a balanced mixture of comfortable residences and suitable commercial enterprise. A “Main Street” feel will characterize the central boulevard of this neighborhood center and pedestrian traffic will be encouraged. Parking for the townhome villages and multi-family units will be concentrated away from the main boulevards, creating pleasant streetscapes. The housing product offered in Module II will support the lifestyle diversity Sedona Trails seeks to encourage. The natural division created by Lower Seguin Road encourages separate personalities for the commercial and non-residential components of Module II. It is intended that the retail and office services located in the Town Center will appeal and cater to a broader demographic and geographic group than just the residents of Sedona Trails. While certainly offering the traditional neighborhood services (e.g., dry cleaners, coffee shop, local restaurants, etc.), the Town Center’s proximate location at FM 1518 and Lower Seguin Road is appropriate for large scale chain pharmacies, grocery stores, restaurant chains, and other large scale retailers. We anticipate that the higher density residential development will be a significant driving force for retailers and service providers to flock to the Town Center. All construction, landscaping, signage, and other features in Module II will adhere to Sedona Trails Community and Public Amenity and Architectural Standards and will contribute to the high aesthetic standards of the community. In addition to the extensive landscaping, a series of detention ponds throughout Module II will create relaxing and beautiful open spaces. This unique combination of higher density residential will spur commercial and retail services which will serve all of Sedona Trails, the neighboring area, as well as the commuters who will frequent the area. Module II will create synergy with Module I and Module III by providing valuable services to existing residents and by drawing in new residents in search of convenience and a more urban lifestyle. 6.2 Module II Conceptual Master Plan, Exhibit attached The attached Conceptual Master Plan provides a graphical representation of the anticipated land uses in Module II. 12/21/2011 Sedona Trails PDD 7. Module III 7.1 Purpose and Overview Module III consists of 498.97 acres and is located at the southern end of Sedona Trails. Module III is separated from Modules I and II by Woman Hollering Creek and displays the most topographical variety of the three Modules. A significant portion of Module III is within the Randolph Air Force Base Air Installation Compatible Use Zone (AICUZ) and is use-restricted. The development plan for Module III uses this restriction to the advantage of the community as a whole. That portion of the AICUZ which allows residential construction will feature larger lot single-family residences. The remainder of the ACUIZ will consist of open space, parkland, greenbelt or other forms of recreational uses for the benefit of the residents of Sedona Trails and the broader citizenry of the area. Module III will also feature garden homes, patio homes or other types of higher density residential product that will be clustered to allow for more natural open space. This area plan also includes a “Village Center” which will anchor the southern end of Sedona Trails. While the Town Center in Module II provides many retail and office options which serve a constituency broader than Sedona Trails, it is more likely that the retail providers in the Village Center will be more focused on the immediate area. In addition to the neighborhood retail services in the Village Center, it is anticipated that it will likely include a multi-use healthcare village concept that encompasses a medical facility and independent and assisted living facilities, along with a church site. These various land uses increase the diversity of commercial product and expand the residential options in Sedona Trails. In addition, Module III offers extensive recreational open space to take advantage of this area’s varied terrain. In addition to the AICUZ, a series of detention ponds throughout the greenbelt and recreational open space mitigate flooding and provide additional natural community amenities. With a range of greenbelt and open spaces ranging from manicured and well-tended areas to rough and wild areas, the open spaces and greenbelt areas offer a peaceful respite in the midst of a master-planned community in a dynamic and thriving city. The development-wide trails network will be most extensive in Module III. Meandering and gentle trails of decomposed granite will be “family-friendly” and inspire walks and time together. More primitive trails will provide ample opportunities for exercise throughout the extensive open spaces of Sedona Trails. All construction, landscaping, signage, and other features in Module III will adhere to Sedona Trails Community and Public Amenity and Architectural Standards and, when combined with the natural beauty of this particular Module, will add to the overall appeal of the Sedona Trails community. Module III will provide a valuable service to the community through the Village Center – by including options for development of neighborhood retail, civic and amenity uses, medical services and assisted and independent living facilities. The residential choices for clustered and denser living options as well as larger estate lots expand the lifestyle options available at Sedona Trails and the extensive recreational green space provides an amenity all residents can enjoy. 7.2 Conceptual Master Plan, Module III, Exhibit attached 12/21/2011 Sedona Trails PDD The attached Conceptual Master Plan provides a graphical representation of the anticipated land uses in Module III. 12/21/2011 Sedona Trails PDD 8. Infrastructure Standards 8.1 Introduction Infrastructure Standards provide the engineering and construction guidelines for roadways, water, wastewater, utility, and other primary infrastructure elements. These standards will insure consistency throughout the development. The following exhibits provide an initial description of infrastructure standards; however, reference should be made to any notes contained on such exhibits for exact specifications. The attached exhibits are incorporated into this PDD in their entirety as though set forth fully in the text of the PDD. 8.2 Roadways 8.2.1 Existing Schnebly Drive Schnebly Drive is the only existing boulevard within the Sedona Trails PDD. The proposed Sedona Trails Overall Conceptual Master Plan will extend the existing boulevard for approximately 250 feet, maintaining the existing roadway cross-section and alignment up to the proposed round-about located just south of the existing boulevard. Additionally, landscaping, sidewalk/trail improvements and lighting improvements will be allowed within the ROW of the existing and proposed boulevard extension pursuant to the approval of the Sedona Trails Community and Public Amenity Standards. 8.2.2 60’ ROW Crowned Residential Collector w/ Sidewalk, Exhibit attached The attached exhibit illustrates a cross-section of a Crowned Residential Collector road, including sidewalk and abutting buffer areas incorporating a 60 foot ROW. 8.2.3 50’ ROW Crowned Local Street w/ Sidewalk, Exhibit attached The attached exhibit illustrates a cross-section of a Crowned Local Street, including sidewalk and abutting buffer areas incorporating a 50 foot ROW. 8.2.4 60’ ROW Pitched Residential Collector w/ Sidewalk, Exhibit attached The attached exhibit illustrates a cross-section of a Pitched Residential Collector road, including sidewalk and abutting buffer areas incorporating a 60 foot ROW. 8.2.5 50’ ROW Pitched Local Street w/ Sidewalk, Exhibit attached The attached exhibit illustrates a cross-section of a Pitched Local Street, including sidewalk and abutting buffer areas incorporating a 50 foot ROW. 8.2.6 50’ ROW Inverted Crown Local Street w/ Sidewalk, Exhibit attached The attached exhibit illustrates a cross-section of an Inverted Crown Local Street, including sidewalk and abutting buffer areas incorporating a 50 foot ROW. 12/21/2011 Sedona Trails PDD 8.2.7 Non-Residential Collector, Exhibit pending Module I of the Sedona Trails PDD will not contain a Non-Residential Collector. It is anticipated that Module II may contain a Non-Residential Collector. To the extent that a Non-Residential Collector will be included in future Modules, the typical roadway cross- section design for a Non-Residential Collector will be included in such future amendment. 8.2.8 Typical Cul-de-sac, Exhibit attached The attached exhibit is an illustration of a typical cul-de-sac and island with a 120 foot ROW and 100 feet of pavement, exclusive of the associated ribbon curb. 8.2.9 Typical Roundabout, Exhibit attached The attached exhibit is an illustration of a typical roundabout and island with a 120 foot ROW and 100 feet of pavement, exclusive of the associated ribbon curb. 8.2.10 Curb Sections, Exhibit attached The attached exhibit illustrates the various typical curbs that may be used in Sedona Trails roadways including Curb and Gutter (Spill), Curb and Gutter (Catch), Ribbon Curb, Standard Curb, and Rollover Curb. 8.2.11 Slip Roads Slip Roads in the context of a residential MPC are short roads which exit from and enter back onto collector streets to provide access to parking and/or access to residential dwellings. Slip roads provide an increased factor of safety by allowing vehicles to exit more heavily traveled roadways in order to park for access to amenities, trails or view opportunities. Slip roads may also be used for driveway connections which might otherwise require entry or exit directly onto a collector or other heavy traffic roadway. Slip Roads are found in Module I along the single loaded road north of Woman Hollering Creek for the purpose of providing parking access to the greenbelt area and creek overlook area. Slip roads will be adequately sized and constructed to satisfy City maintenance requirements as well as access requirements for fire and life safety services. 8.3 TIA Compliance A Traffic Impact Analysis (“TIA”) was prepared for the currently approved Sedona PUD by Steitle Traffic Engineering, Inc. in December, 2005. An update to the TIA is being prepared to address the impact of the proposed changes in density, land use and recent improvements to adjacent arterial roads (i.e., FM 1518, Lower Seguin Road and Ware Seguin Road). The number of estimated daily trips is the primary benchmark used to compare the changes in traffic impact between the approved Sedona PUD and the proposed Sedona Trails PDD Overall Conceptual Master Plan. 12/21/2011 Sedona Trails PDD Although the approval of this proposed Amendment to the Sedona Trails PDD for Module I is not contingent upon acceptance of the updated TIA, the Developer and the City agree that a final plat for any portion of Module I may not be approved until such time as an updated TIA for Module I has been prepared and accepted by the City. Similar requirements will exist for the future amendments to the Sedona Trails PDD for Module II and for Module III. A comparison of the estimated daily trips for the original Sedona PUD Master Plan and the proposed Sedona Trails PDD Overall Conceptual Master Plan for the area defined as Module 1 is shown in the following table: ESTIMATE DAILY TRIPS ORIGINAL SEDONA TRAILS PUD:8,160 PROPOSED SEDONA TRAILS PDD:3,900 – 4,850 8.4 Water/ Wastewater LUE Table, Exhibit attached 8.5 Drainage 8.5.1 Introduction Managing drainage and detention of storm water and related surface water runoff has been a significant consideration in the development of Sedona Trails. The area to the north of Woman Hollering Creek is flat while the area to the south displays greater topography. These conditions each present separate challenges to managing storm water and to directing it into Woman Hollering Creek without contributing to increases or burdens upon adjacent properties. Sedona Trails has employed an innovative approach to storm water management which integrates prudent and natural drainage management with Sedona Trails’ extensive greenbelts, trails and open areas. The search for this management solution was the ultimate catalyst for the drainage swales which provide the dominant surface water drainage management in Module I. Swales that wend their way through the rear of many of the cul-de-sacs will accumulate and manage surface water runoff as needed. Yet they also provide open space and greenbelt areas which are a valuable community amenity during those times when rainfall and surface runoff don’t demand their drainage capacity. These swales are an innovative boon – efficiently managing storm and surface water runoff while contributing to the overall personality of Sedona Trails. These gentle drainage swales range from 60 feet to in excess of 250 feet as they meander throughout Module I. With a benched 8 foot concrete trail located within the swale depression, these facilities perform another duty in expanding the pedestrian trail network within Sedona Trails. While the swales perform triple duty as drainage facilities, walking trails, and open space, the detention ponds serve similar multi-use functions. As part of the overall drainage master plan, the detention facilities hold and detain water runoff to allow measured release while providing open space during times of little or no rainfall. 12/21/2011 Sedona Trails PDD Blending responsible development with community enhancements is the Applicant’s goal for Sedona Trails. These drainage improvements will not result in a burden upon adjacent property; and in conjunction with the proposed TXDOT improvements to the bridge on FM 1518 over Woman Hollering Creek, are also anticipated to ease downstream storm water impact. The following exhibits provide a better graphical depiction of the drainage facilities and how they have been calculated and designed to accommodate and handle storm and surface water issues. It should also be acknowledged that extensive analysis and investigation of the capacity of Woman Hollering Creek has been undertaken to validate the ability to handle the storm and surface water delivered by the drainage modifications detailed hereafter. 8.5.2 See Engineering Master Plans, Section 4, for Drainage Maps The Drainage Maps from the Engineering Master Plans (see Section 4 for attachment) provide a graphic representation of the drainage solutions to be implemented in the Sedona Trails PDD. 8.5.3 Drainage Swale/ Channel Typical Cross-section, Exhibit attached The attached exhibit illustrates a cross-section of the typical drainage swale which will provide drainage relief in Module I. 8.5.4 Drainage Swale Landscape Illustration, Exhibit attached The attached landscape illustration shows a typical drainage swale with associated landscaping and hike and bike trail details. 12/21/2011 Sedona Trails PDD Water Demand per LUE Water Demand per LUE shall be modeled as 2 gallons per minute per LUE for peak demand. Wastewater Flow per LUE 1 LUE will produce 245 gallons per day (gpd) of wastewater flow. A peaking factor of 3 will be used to determine Wastewater Peak Flow Rates. Proposed Development Intended Use (Residential)LUE Conversion (LUE per Unit) Detached Single-Family Residence 1 Attached Single-Family Residence 1 Multi-Story Attached Single Family Residence (i.e. apartments)0.6 Hotel/Motel Room 0.6 Proposed Development Intended Use (Non-Residential)LUE Conversion (Units per LUE) Office (Square Feet of Floor)3000 Warehouse (Square Feet of Floor)4000 Retail; Shopping Center (Square Feet of Floor)1660 Restaurant; Cafeteria (Square Feet of Floor)200 Hospital (Beds)1 Church - Worship Services Only (Seats)70 Highschool - Includes Gym and Cafeteria (Students)13 Elementary School - Includes Gym and Cafeteria (Students) 15 Definition:A living unit equivalent (LUE) is defined as the typical flow that would be produced by a single- family residence (SFR) located in a typical subdivision. An LUE is assumed to represent 3.5 people living in a residence. For water requirements, this includes consumptive uses, such as lawn watering and evaporative coolers. The wastewater system does not receive all of these water flows, so the calculated flows differ between water and wastewater. The number of LUEs for a project is constant; only the water and wastewater flows are different. The following LUE Conversions can be used to estimate flows for various development types for this project. Use of the below table is not mandatory; if using other factors, an explanation of how the factors better represent a specific development will be provided to and must be approved by the City of Schertz Engineer. Living Unit Equivalent (LUE) Guidance Document Sedona Trails PDD Inflow and Infiltration will be calculated based on 300 gpd per acre of developable area within the modeled area. Developable area is considered gross acreage less parks, greenbelts, ball fields, floodplains or other similar areas of similar uses for the purposes of wastewater flow modeling. 9. Community and Public Amenity Standards 9.1 Introduction The Sedona Trails Community and Public Amenity Standards establish the design guidelines that will shape the identity and personality of the community as a whole. Overarching aesthetic themes and subtly repeating material choices will visually tie the development together, echoing the unifying elements of shared recreational, civic, and commercial spaces. High-quality minimum requirements will provide assurance that the development, as it grows over many years, will maintain a standard of design and construction quality that far exceeds what is normally expected of similar developments. These standards will apply to all public construction, landscape, signage, and other features in Sedona Trails and will set the backdrop for a community that feels safe, invigorating, connected, and harmoniously suited to its environment. Landscape design will be used to create a well-defined and welcoming ambiance for Sedona Trails. A meaningful, strong entry treatment, combined with repeated wall and fencing elements, seasonally-planned vegetation, long-term tree and perennial vegetation placement, and other hardscape and softscape designs, will help brand Sedona Trails as a quality place to live, work, shop, and play. Landscape themes will be repeated throughout the residential, mixed-use, and commercial elements of the Sedona Trails development. Native and drought-resistant vegetation will be featured to blend with the existing surroundings and to provide economical, low-maintenance visual interest. All community graphics, logos, signage, and wayfinding signage will reflect the themes and material choices defined by the Community and Public Amenity Standards. A consistent, pleasant color scheme will be referenced in all graphic product, and logos and signage will be designed to avoid trendy or dated references. The design of public amenities and HOA amenities within Sedona Trails will also be guided by the Community and Public Amenity Standards. These public spaces, potentially including pocket parks, playscapes, mail kiosks, sport courts, pool areas, splash pads, and amenity centers with conditioned public gathering space, will all include elements that reference overall community aesthetic themes and quality construction. These shared spaces will reflect standards that draw residents to interact and to become active in the civic life of the area. The design standards will ensure that these gathering spots are centers of community pride and continuous activity. 9.2 Landscape Design 9.2.1 Entry Features/ Monumentation Entry elements are crucial to creating a sense of arrival and to setting the tone for the overall project image. The entry features at Sedona Trails will be distinctive yet timeless, and will be the development’s most important chance to express its identity and to introduce the materials and aesthetic elements that will be carried throughout the entire development. Entry features will be pleasingly integrated into their surroundings, but they will also be highly visible and emotionally impressive. 12/21/2011 Sedona Trails PDD In addition to the entry elements located at the main entrances to Sedona Trails, major monuments will be located at appropriate internal intersections. These monuments will reflect the same theme, materials, and style as the entry monuments and will further establish a sense of identity and continuity throughout Sedona Trails. Minor neighborhood village entry monuments will announce one’s arrival at the more intimate, personal neighborhood enclaves. They will establish a sense of community, as well as serving as important wayfinding milestones. These entry signs and their landscape installations will establish continuity and consistency with the themes and materials of the larger development entries but will also reflect the more intimate neighborhood personalities. Considerations for Entry Elements/ Monumentation:  Materials  Location/ Visibility  Inclusion of Logo/ Signage  Height/ Massing  Integration with Landscape Plan  Integration with Lighting Plan  Continuity with and Reflection of Community Identity  Maintenance Considerations: Ease of Maintenance, Lifespan of Materials The existing monumentation on Lower Seguin Road and Schnebly Drive will be modified to reflect the new image of the 9.2.2 Public Lighting It is the intention of Sedona Trails to consider lighting methods that reduce ambient light pollution in the residential neighborhood villages while creating brighter areas for safety and aesthetic effect at major intersections, pocket parks, trail heads, and amenity center locations. A lighting plan indicating the location, fixture types, details of construction and installation, and aesthetic theme of feature lighting will be developed in conjunction with the landscape plan. The end result of the lighting theme should be a harmonious blend of attractive down-light pole systems with the light source shielded, up-lighting and tree lighting at chosen highlight areas, and safety lighting at trail heads, pocket parks, and amenity areas. After all safety and directional concerns are satisfied, lighting fixtures will be specified that fit in with the physical identity of the development and these fixtures will become another important aesthetic linking element at Sedona Trails. A lighting plan will be formulated and coordinated for the non-residential village areas and will be carefully considered as part of the Architectural Design guidelines for proposed commercial users in Module II and Module III. Because of night uses, the non- residential areas will be brighter than residential areas, but the lighting elements will be cohesive to overall community theming. Considerations for Public Lighting:  Location  Light-source deflection/ direction  Materials/ Aesthetic Theme 12/21/2011 Sedona Trails PDD  Continuity with and Reflection of Community Identity  Light Intensity  Heat Shielding  Maintenance Concerns 9.2.3 Public Fencing/ Walls Public fencing and walls serve several key purposes in the development. They provide a physical and visual barrier between different land usages, enhance privacy, dampen noise, delineate distinct development areas, and guide the eye to pleasant view corridors. Special attention will be paid to traffic patterns and ensuing headlight paths; barriers will protect residences from intrusive glare. The integration of thematic elements such as materials, end-caps, landscape features, and meandering placements into fencing and wall design will ensure that they are an important tying element of the overall Sedona Trails identity When possible, considerable foliage and landscaping will be incorporated into the fences and walls or earth berms will be created to provide a more natural sense of transition between different land usages. Considerations for Public Fencing/ Walls:  Materials  Location/ Visibility  Height/ Massing/ Opacity  Integration with Landscape Plan  Integration with Lighting Plan  Continuity with and Reflection of Community Identity  Maintenance Considerations  Appropriate context (depending on adjacent land usages) 9.2.4 Trees/ Plant Materials The acceptable plant material list shall be in compliance with the current City of Schertz plant material list and will emphasize xeriscape and low-water use native plant materials. A Landscape Plan indicating materials and locations in community spaces will be provided with site plan applications. Considerations for Trees/ Plant Materials  Maintenance Considerations: Low-water, native xeriscape  Grow-in, Longevity  Aesthetic enhancement of natural landscape 12/21/2011 Sedona Trails PDD  Continuity with and Reflection of Community Identity  Seasonal planting plan 9.2.5 View Corridors A view corridor is an unobstructed visual expanse that enhances the open, natural feel of the Sedona Trails community. Through the intermittent use of single-loaded streets and greenbelt networks that run along major collector roads, view corridors are created that break up the paved streetscape. View corridors into the greenbelts, pocket parks, parks, and trail heads will offer residents additional opportunities to enjoy their natural surroundings. Plant materials and unobtrusive fencing will be encouraged in the view corridors. Considerations for View Corridors:  Location  Safety Considerations  Buffering  Fencing/ Walls 9.2.6 Playscapes Playscapes will provide healthy, safe central gathering areas for parents and children within the neighborhood villages. All Sedona Trails theming elements will be considered when selecting the appropriate playscapes, with special attention being paid to cohesive materials and color. Playscapes will be located in neighborhood pocket parks and will be situated to promote safety and accessibility. Seating areas for parents and guardians will be incorporated into the playscape/ pocket park designs and will have unobstructed views of the whole playing area. These spaces will become a natural hub of neighborhood activity and communal interaction. Considerations for Playscape selection:  Materials, Coloring  Safety Considerations  Continuity with and Reflection of Community Identity  Maintenance Considerations  Location  Seating/ Benches 9.2.7 Pocket Parks The Sedona Trails Overall Conceptual Master Plan calls for pocket parks to be interspersed throughout the neighborhood villages. These small parks will be easily 12/21/2011 Sedona Trails PDD accessible by the development’s extensive trail and sidewalk system, encouraging residents to walk the short distance required to enjoy them. Through the use of enhanced natural landscaping, boulders, and gently bermed hillsides, a pleasant and safe central space will be created where children can easily be watched over. Pocket parks will feature playscapes, bench seating, trash and recycling receptacles, mail kiosks, and parking – all elements that will be designed to complement and reaffirm the community’s high aesthetic and lifestyle standards. These pocket parks encourage healthy living, exercise, community interaction, and neighborhood cohesion. Considerations for Pocket Parks:  Location/ Accessibility  Topographical Landscaping/ Integration with Landscape Plan  Continuity with and Reflection of Community Identity  Integration with Lighting Plan  Materials  Seating/ Benches  Trash/ Recycling Receptacles  Related Parking 9.2.8 Mail Kiosks Free standing mail kiosks are intended to be incorporated in pocket park designs and also will be placed at regular intervals in the neighborhood villages as needed to provide adequate mail service for the development. These kiosks will enhance the communal aspects of the pocket parks and will provide convenient, centralized mail facilities. The United States Postal Service will determine how many mail kiosks will be provided, but Sedona Trails Community and Public Amenity standards will govern the appearance of the kiosks, stipulating that the general design, roofing material, and surrounding landscape mesh harmoniously with the proscribed aesthetic themes. The mail kiosks will include a community bulletin board and will become nodes of neighborhood connectivity. Considerations for Mail Kiosks:  Materials  Continuity with and Reflection of Community Identity  Roofing  Trash/ Recycling Receptacles  Integration with Lighting Plan  Integration with Landscape Plan  Related Parking 12/21/2011 Sedona Trails PDD 9.2.9 Drainage Swales By incorporating a detention pond/drainage swale component into a community-wide meandering greenbelt system, the Sedona Trails Developers have created a useful amenity that enhances the livability of the development. The drainage swales become large, usable swaths of open space that feature components of the trail system and integrated benches. By carefully shaping the topography of the drainage swales, the Developer will create a visually interesting place that adds variety to the landscape. This varying topography will also encourage privacy when drainage swales abut residential lots by placing the hike and bike trails at a lower elevation than edging berms which run along the edges of the swales. The drainage swales will serve a multitude of recreational functions and will be carefully landscaped to be one of the most beautiful amenities in Sedona Trails. Considerations for Drainage Swales:  Integration with Landscape Plan  Integration with Lighting Plan  Plant Materials/ Selections  Aesthetic Treatment in Concrete Trickle (imbedded stones, etc.)  Trail Material  Continuity with and Reflection of Community Identity 9.2.10 Allowable Landscaping in ROW The Developer will be permitted to install landscaping in the minimum two foot buffer between a curb and a four foot sidewalk, when this buffer is present. Either grass or appropriate xeriscape plant materials may be installed. The Sedona Trails Property Owner’s Association will have sole jurisdiction over plant selection and installation and development CCRs (defined herewithin) will provide that the adjacent property owner is responsible for maintenance of this area and that it shall only be planted with grass or similar permitted groundcover. They shall also provide for a landscape easement for the POA for other authorized landscape materials. Additional landscape easements as necessary will be granted in areas where the POA may be responsible for maintenance or other repairs, such as in the FM 1518 ROW. 9.2.11 Thematic Elements/ Materials in Sidewalk Transition Ramps The Developer will be permitted to install appropriate materials, stain the concrete, inscribe the concrete, or in a similar way create a functional and decorative insert in sidewalk transition tramps. These decorative elements will be another repeated, aesthetically pleasing detail that thematically ties the community together and subtlety elevates the overall perception of quality and thoughtfulness throughout Sedona Trails. The Developer will carefully consider ease of maintenance, safety, and the lifespan of any improvements when designing this feature. Considerations for Sidewalk Ramp Transitions:  Safety  Materials/ Color 12/21/2011 Sedona Trails PDD  Maintenance Considerations  Integration with Drainage Plan  Continuity with and Reflection of Community Identity 9.3 Color Palette An appropriate color scheme will be chosen to convey the identity and ideals of the Sedona Trails community. This color palette will be reflected in almost all Design Standard choices such as logo design, signage, materials choices, amenity center designs, playscapes, and mail kiosk details. The color palette will be natural, harmonious, and classic, to insure that it becomes a seamless and endearing part of the successful long-term identity of Sedona Trails. Considerations for Color Palette:  Continuity with and Reflection of Community Identity  Longevity/ Timelessness  Safety  Integration with Landscape Plan 9.4 Community Graphics Community Graphics will include all logos and identity branding graphics that will be used inside and outside the Sedona Trails community. Because these graphics will become a shorthand representation of the community as a whole, careful consideration will be given to developing graphics that reflect both the Design Standards and the general value system of Sedona Trails. The development of the project Color Palate will be integral to Community Graphics design. Community Graphics will be use on everything from entry monuments to internal signage to project advertising collateral to billboards. An outside consultant will develop the Community Graphics, in collaboration with the Developer, and will ensure that they are the penultimate representation of Sedona Trails’ commitment to building a high-quality, healthy, connected community. Considerations for Community Graphics:  Continuity with and Reflection of Community Identity  Readability/ Visibility  Variation  Integration with Landscape Plan  Simplicity/ Effectiveness  Longevity/ Timelessness 12/21/2011 Sedona Trails PDD 9.5 Signage Permanent signage will be composed of village entry monumentation, traffic signage, street signage, wayfinding signage and other permanently affixed signage. Temporary signs include private yards signs, estate sales signs, political signs, school support signage. The design and location allowed for the display of this signage will be determined during the development of the final Design Standards and will be themed to complement the overall design elements for Sedona Trails. Specific restrictions as to sign location, duration, and affiliation will be addressed in future iterations of the Design Standards. 9.5.1 Permanent Signage Considerations for Permanent Signage:  Location/ Visibility  Continuity with and Reflection of Community Identity  Materials/ Color  Height/ Massing/ Opacity  Maintenance Considerations  Integration with Landscape Plan  Integration with Lighting Plan  Anchoring  Allowable usages 9.5.2 Temporary Signage Considerations for Temporary Signage:  Continuity with and Reflection of Community Identity  Materials/ Color  Height/ Massing/ Opacity  Maintenance Considerations  Allowed duration of use  Allowable usages 9.6 Wayfinding, Traffic Signage Wayfinding signs are the internal directional signs that lead the way to amenity centers, pocket parks, trail heads, parking, commercial centers, neighborhood entrances, and other important destinations inside of the Sedona Trails community. The term also refers to all street signs within Sedona Trails. This signage is another opportunity to assert the 12/21/2011 Sedona Trails PDD coordinated aesthetic standards of the development by using the repeated color palette, materials, logo, community graphics, and theming that occurs throughout Sedona Trails. Signs will be clear, highly visible, and instructive but Sedona Trials PDD standards will ensure that they are also visually pleasing, high-quality additions to the feel of the area. Special consideration will be paid to font selections, symbolic representations, and color choices. Traffic signage will be similarly specified to maintain aesthetic continuity without compromising safety or clarity and will comply with all applicable TxDot and City regulations. All required traffic signage will be highly visible, yet will be themed to be harmonious with Sedona Trails design standards. Considerations for Wayfinding/ Traffic Signage:  Continuity with and Reflection of Community Identity  Safety  Visibility/ Readability  Placement in ROW  Materials/ Color  Height/ Massing  Anchoring/ Mounting/ Pole Installation Materials  Maintenance Considerations  Integration with Landscape Plan  Integration with Lighting Plan  Allowable usages 9.7 Amenity Centers Amenity Centers provide a common gathering place for residents of Sedona Trails as well as an activity center and source of fun community interaction. The amenity centers for Sedona Trails will ultimately include swimming pools, open air pavilions, sport courts, and other amenities intended to complement the active lifestyle encouraged by the community. The initial phase of the amenity center located in Module I will include the sport court and pavilion. Proximately located to Heritage Oaks Park, the amenity center’s initial facilities will be a valuable addition to the recreational facilities available to Sedona Trails residents. The second phase will include a swimming pool area which may be phased and which may include a traditional pool along with a “splash” pool oriented towards the younger residents of Sedona Trails. 9.8 Parking Standards 12/21/2011 Sedona Trails PDD Sedona Trails parking standards will ensure there is ample parking space to allow for safe, convenient access to all development amenities such as pocket parks, mail kiosks, parks, amenity centers, scenic overlooks adjacent to Woman Hollering Creek. 9.8.1 Slip Roads: Module I There will be three parallel on-street parking spaces in each of the three slip roads currently shown on the Overall Conceptual Master Plan along the single-loaded road adjacent to Woman Hollering Creek. 9.8.2 Pocket Parks/ Mail Kiosks There will be five parking spaces associated with each pocket park/ mail kiosk combination. 9.9 Sedona Trails Property Owner’s Association Every property owner in Sedona Trails will be a member of the Sedona Trails Property Owner’s Association. Whether commercial property, a single-family residence, townhome, or similar residential option, all of the property in Sedona Trails will be encumbered with Conditions, Covenants and Restrictions (the “CCRs”) which establish and enforce terms and conditions for every property owner. Because of the vast scope of land use categories throughout the Sedona Trails PDD and the dramatic distinctions between the dominant land uses in each of the various Modules, the obligations imposed upon each Module and the separate areas in each Module will likely vary in many ways. However, there are certain elements and obligations which will remain constant throughout the entire Sedona Trails PDD. The Sedona Trails Property Owner’s Association (the “POA”) is the first line of enforcement of the standards that are established by this Amendment to the PDD as well as by the CCRs themselves. In addition to establishing the obligations and responsibilities of property owners and residents, the CCRs also establish the obligations of the POA for maintenance, repair, and replacement of various elements of the Sedona Trails area. The POA is also a substantial property owner in the Sedona Trails PDD, with ownership and responsibility for the amenity center, trails, greenbelt areas, pocket parks as well as the landscaping in these areas. Sedona Trails POA Ownership and Maintenance Responsibility The Sedona Trails POA will own all areas which are (i) not owned by individual property owners, (ii) owned by the Developer with the intent for sale to third parties, (iii) not owned by the City, the State of Texas, or other political subdivisions of the state or federal government. The property to be owned by the Sedona Trails POA will include the resident amenity center, the trail system, the drainage areas and drainage swales, pocket parks, mail kiosk areas, the detention areas, the greenbelts, the landscaped median and boulevard areas, entry features, boulevard fencing, and landscaping along primary collectors and along FM 1518. The POA will be responsible for the maintenance, landscaping, repair and replacement in these POA owned areas. For instance, playscapes and landscaping in the pocket parks, plantings, mowing and related landscape maintenance in the drainage swales, trail maintenance, and landscaping along FM 1518 will all be the obligation of the POA. 12/21/2011 Sedona Trails PDD The POA shall prominently post that the use of any trails, sidewalks, playscapes, greenbelt areas or other POA facilities is at the risk of the user and that the POA has no liability and takes no responsibility for any injury or claims of any person for the use of such facilities. Other POA Responsibilities While there are areas of Sedona Trails which the POA may not own, it will also have responsibility for or otherwise establish control and maintenance of these areas through the CCRs. By way of example, the maintenance of the area between the edge of the sidewalk and the back of the curb will be established as the responsibility of the adjacent homeowner or property owner; or, it shall be the responsibility of the POA in the case of single-loaded roads where the adjacent area is a greenbelt or other POA maintained area. The CCRs will provide for provisions to enforce these obligations of homeowners or property owners to insure compliance with the high standards for maintenance in the Sedona Trails PDD. Landscape Easements In addition to the extensive trail system in Sedona Trails, the sidewalk system and connectivity will further bind the community together. Each residence will be connected by a sidewalk in front of each home and it is anticipated that there will be a two foot grass buffer between the back of the curb and the edge of the sidewalk. The CCRs will provide that the adjacent property owner is responsible for maintenance of this area and that it shall only be planted with grass or similar permitted groundcover; they shall also provide for a landscape easement for the POA for other authorized landscape materials. For instance, the POA may be authorized to plant various materials to provide a visual aesthetic break upon approval of landscape plans by the City in these buffer areas. Additional landscape easements as necessary will be granted in areas where the POA will be responsible for maintenance or other repairs. Architectural Control Committee The POA and the Developer will jointly establish an Architectural Control Committee (“ACC”) which will be responsible for reviewing and approving construction plans for all residential and commercial construction within the Sedona Trails PDD. The ACC will consist of members appointed by the Developer until all of the property within the Sedona Trails PDD has been transferred to an independent third party purchaser, to a governmental entity, or to the POA. Any construction of any improvement within the Sedona Trails PDD shall first be submitted to the ACC for approval and to verify compliance with the terms, conditions and obligations of the PDD. The ACC shall review such contemplated construction and shall, if approved, provide a certification in a form acceptable to the City by which the ACC certifies that the plans for the contemplated construction comply with the PDD and associated guidelines. 12/21/2011 Sedona Trails PDD 10. Greenbelt, Parks, Open Space Network 10.1 Introduction Sedona Trails is remarkable for what it isn’t: it isn’t a sea of black-top streetscapes, endless stretches of grey concrete sidewalks, and cookie cutter rows of monotonously identical homes. What it is, is a carefully planned network of residences and neighborhood businesses nestled into an expansive, interwoven system of green space and strategically placed water features. By making the natural environment a dominant feature of Sedona Trails, and of the lives of its residents, the Developers are hoping to encourage a more healthful and active lifestyle, and are emphasizing the importance of living harmoniously with your surroundings. The vast amount of land in Sedona Trails dedicated to open space shows the Developer’s commitment to enhancing and improving the lives of the residents. The drainage swales mentioned earlier in this document are envisioned as an extension of many residential backyards. Homes will back up to the meandering system which will create a visually interesting, gently sloped greenbelt system – not a concrete channel, but a fully-landscaped green space, with a beautiful hike and bike trail winding its way through it. The greenbelt system will stretch throughout the development and many residents will be able to use the greenbelt trails to travel from their homes to nearby pocket parks and even to local shopping areas, without ever stepping foot on a street. Pocket parks are sprinkled throughout the neighborhoods, most within a short walk of residences. These small parks provide neighborhood open space and are an extension of front yards- more public spaces where neighbors interact. The larger parks, including Heritage Oaks Park and other large swaths in Module III, will offer recreational enjoyment to the whole community, and will be available for use by the Schertz community at large. A series of landscaped and maintained drainage ponds in Module III will offer another pleasant amenity within the parks system. The Sedona Trails greenbelt, parks, and open space system is an amenity that will become integral to the lives of its residents, and to the lives of those living in the surrounding communities. This amount of recreational open space is unmatched by any other development in the Schertz, Texas vicinity. 10.2 Greenbelt, Parks, and Open Space, Exhibit attached This graphic represents the community-wide Sedona Trails greenbelts, parks, and open space network. 10.3 UDC Required Open Spaces and Fees The original Sedona PUD, as amended by the First Amendment, required that 15% of the gross land area of the PUD must be preserved as overall common open space. The First Amendment specifically stated that 170 acres of park, greenbelt and open space were proposed within the overall original site area of 853 acres, including the flood plain area of Woman Hollering Creek. 12/21/2011 Sedona Trails PDD The Overall Conceptual Master for the Sedona Trails PDD includes roughly 240 acres of planned greenbelt, trails, open area, HOA owned landscaped areas, parks, drainage, detention areas and flood plain (collectively, “Open Space”). Of the Sedona Trails PDD’s 788.86 acres, more than 30% will be dedicated Open Space. In the currently proposed Sedona Trails Overall Conceptual Master Plan, more than 2.5 of “must build trails” (see Section 11.7) connect with more than 20 miles of proposed trails and sidewalks – the name “Sedona Trails” aptly describes the friendly neighborhood and community environment to be created. The extensive pedestrian connections are a critical element of the overall open space, encouraging an active outdoor lifestyle. Pocket parks linked to mail kiosks foster a sense of community, substituting vehicular transportation in favor of healthier options. As a result of the Developer’s commitment to providing extensive open space and to constructing the “must-build trails”, all parkland dedication obligations have been completely satisfied and no fee payment will be required. 12/21/2011 Sedona Trails PDD 11. Transportation Master Plan 11.1 Introduction The Transportation Master Plan is one of the fundamental elements of Sedona Trails – part of what makes it such a vibrant and exciting place to live. Connecting the entire Sedona Trails area through pedestrian and vehicular access establishes the sense of active community that creates a real neighborhood. The use of connected sidewalks and trails, short streets, and cul-de-sacs helps to slow traffic and slow life, allowing adjacent residents to become neighbors, and neighbors to become friends. Extensive greenbelt areas and hike and bike trails connect to commercial centers, creating pedestrian accessibility and promoting a more active, healthy lifestyle. Sedona Trails intends to be a home – a place where one sheds the stress of daily work life as one drives through the entry – with the focus changing from work to home and family. And the Transportation Master Plan, with extensive trails and sidewalks and meandering streets with unobstructed views of natural greenbelts, encourages one to relax and enjoy life. 11.2 Must-Build Roads Plan, Exhibit attached This roadway plan illustrates the major collector roadways the Developer is committed to building to insure proper connectivity, accessibility, and traffic flow throughout Sedona Trails. 11.3 Module I Roads Plan, Exhibit attached This graphic illustrates the roadway plan throughout Module I, including major arterial roads, collector roads, and residential cul-de-sac streets. 11.4 Module II Roads Plan, Exhibit attached This graphic illustrates the roadway plan throughout Module II, including major arterial roads, collector roads, and commercial area roundabouts. 11.5 Module III Roads Plan, Exhibit attached This graphic illustrates the roadway plan throughout Module III, including major arterial roads, collector roads, and residential cul-de-sac streets. 11.6 Trail Hierarchy and Standards The hike and bike trails (“Trails”) within Sedona Trails are an essential component to the personality of the overall community. The Trails will be contained and distributed through the roadways, parkways, drainage ways and areas as well as the creek ways and floodplain areas. The quality and nature of the Trails will vary, dependent primarily upon:  Volume of anticipated use  Local conditions (slope, tree canopy coverage, soils, etc.)  Range and nature of users sharing the trail 12/21/2011 Sedona Trails PDD  Trails may be provided through dedicated drainage rights of way, roadway boulevards or other POA dedicated areas (off-road) or on the edge of the roadway surface (on-road); and  The desired aesthetics of the development. The proposed Trails within Sedona Trails PDD are intended to enhance connectivity between existing and anticipated open space, amenity centers, pocket parks, mail kiosks, commercial development and residential development. They are also intended to ultimately link to other trails within the City and possibly to adjacent municipal areas. Developer and the City have agreed that there are certain trails which are “must-build” trails which are mandatory to be built by the Developer as the development of Sedona Trails progresses. These “Must Build” Trails are identified and detailed on the accompanying exhibits for Module I; and, are also preliminarily identified for Module II and Module III. In addition to the Must Build Trails, there are discretionary trails that Developer anticipates will be built as the overall development continues. The Must Build Trails will be built only as adjacent or proximate residential construction is completed and will not need to be completed on a time schedule which is in advance of the associated development of the residential neighborhoods. It is anticipated that various levels of Trails will be constructed within Sedona Trails: Primary Trails:  Primary Trails are intended to provide an off-road primary route throughout the Sedona Trails community primarily within drainage ways, creek ways and parkways. The Must Build Trails will be constructed of concrete and would be a minimum of 8 feet wide. The Must Build Trails can be constructed using technology similar to that used for the construction of golf cart paths and will not need to meet the standards for traditional sidewalks. The discretionary Trails will also be 8 feet wide and will be constructed of an all-weather surface (e.g., minimum standard of decomposed granite) and would be considered multi-use trails. Secondary Trails:  Secondary Trails are intended to provide off-road access to Primary Trails and between planned residential villages. They would either be: concrete sidewalks along the edges of roadways, connecting Primary Trails or decomposed granite trails through villages.  Secondary links consisting of concrete sidewalks will be provided along major streets which link to the creek/drainage way trail and are more specifically set forth in the Sidewalk and/or Trail Plan. 12/21/2011 Sedona Trails PDD  Secondary links along and through naturally vegetated ravines and drainage swales or along portions of the creek way, where usage is anticipated to be low, could consist of natural trails, mulch trails or decomposed granite trails catering to village pedestrians. These Trails will be more primitive and may have increased elevation and pitch. The reduced width will reduce both the potential cost and impact of the trail. Tertiary Trails:  Tertiary Trails will be fairly primitive and of varying widths and inclines. Intended for a more physical and natural pedestrian experience, these Trails will likely be hard packed earth, gravel/rock or mulch. Trail Links:  Trail links may take the form of sidewalks for pedestrians or, for bicyclists, may be located on existing roadways and may take the form of bicycle laneways or bicycle routes.  These links may provide access to the creek ways and other riding opportunities for recreational cyclists. Use and Conditions:  The Trails will be owned and controlled by the Sedona Trails Property Owners Association (the “POA”).  All Trails will be available to the public.  All Trails will be prominently posted with warning signs that travel is at the risk of the pedestrian, that no guaranties are made or implied, and otherwise inform users that the POA takes no liability for the sufficiency of the Trails or any action or activity on the Trails or any accident or injury on the Trails. 11.7 Trails and Sidewalk Network Plan, Exhibit attached The attached exhibit is a graphic depiction of the trails and sidewalk network that extends through the entire Sedona Trails development. 12/21/2011 Sedona Trails PDD 12. Land Use Allocations 12.1 Dwelling Unit Equivalent Description The flexibility and implementation of the Sedona Trails PDD is built upon a number of foundational elements. “Dwelling Unit Equivalents” and separate “Land Use Categories” provide the basic procedural elements for allocating land uses throughout the three separate Modules. A Dwelling Unit Equivalent (“DUE”) is most frequently descriptive of the density and utility service demands of one residential dwelling. The concept of a DUE (and its associated density and service demands) is also applied to non-residential land uses. A DUE is further applied to various categories of residential uses which have obvious different density and service requirements (e.g., a 700 square foot apartment as opposed to a 4 bedroom/4 bath single-family residence). The application of DUEs provides a “measuring stick” to allocate and distribute different land uses throughout the Sedona Trails PDD. The intent is to achieve a mix of residential product types and commercial uses throughout the Sedona Trails PDD for a more diverse overall community. The Land Use Dimensional Requirement Table presented later in this section includes the application of DUE’s to the various residential Land Use Categories described below. 12.2 Land Usage Classifications The development of separate land use categories to be applied throughout the Sedona Trails PDD is essential to future flexibility and predictable development throughout the project area. Individual permitted land uses are further defined below along with the Land Use Dimensional Requirements for each Use Category. In addition to the Dimensional Requirements associated with each Land Use, Architectural Standards specific to each Land Use will insure compliance with a minimum standard for all improvements constructed within each Land Use category. Predictable flexibility to adjustments in residential Land Uses in each Module and throughout the Sedona Trails PDD combines with minimum Architectural Standards to enable consistent and market- responsive development over the community’s entire development cycle. The Land Use categories applicable throughout the entire Sedona Trails PDD break down in a logical progression. The categories of land use anticipated in Sedona Trails fall into two broad categories:  Improved Property Land Use – Those uses of land which anticipate the construction of significant vertical improvements or buildings as part of their ultimate land use (e.g., houses, offices, restaurants, etc.)  Unimproved Property Land Use – Those uses of land which do not anticipate the construction of vertical improvements as a significant part of their ultimate land use (e.g., trails, drainage areas, parks, soccer or sports fields, cemetery, detention facilities, pocket parks, golf courses, etc.) Improved Property Land Uses generally fall into two further sub-categories:  Residential Land Use – contemplates the construction of dwellings or residences for habitation on a permanent basis. Residential Land Use in Sedona Trails can be further broken down into: 12/21/2011 Sedona Trails PDD  Detached Single-Family Residence  Attached Single-Family Residence  Multistory Single-Family Residence  Non-Residential Land Use – encompasses all other land uses in which buildings or structures are anticipated to be built (e.g., office, retail, medical facilities, hospital, government facilities, etc.) The following are the individual descriptions of Land Uses in Sedona Trails for the Improved Residential Land Use which is anticipated to be contained within Module I. The descriptions of Residential Land Use which will be contained within Module II and Module II as well as the descriptions for Improved Non-Residential Land Use and Unimproved Land Use will be provided during the amendment process for this PDD which focuses on those separate Modules 12.2.1 Improved Property Land Uses 12.2.1.1 Improved Residential Land Uses 12.2.1.1.1 Detached Single-Family Residential Detached Single-Family Residential will represent the bulk of the residential development in Sedona Trails, particularly in Module I. This category includes traditional single-family homes as well homes on smaller lot sizes that are frequently referred to as townhomes, villas, patio homes, zero lot line homes cluster housing or similar descriptors. The distinguishing factor in this category of residential dwelling is that it is free-standing and does not share a common or party wall with another independent residential dwelling. DSFR(1): This category represents lots which will be improved with a detached single-family residence with a lot size that is no less than 5,500 square feet with a minimum Front Footage of 50’. The minimum Dwelling Size will be 1,400 square feet and the maximum dwelling size will be 3,300 square feet. Lots designated as DSFR(1) shall comply with Architectural Standard DSFR(1) and each lot shall have an DUE of One (1) per lot/dwelling. DSFR(2): This category represents lots which will be improved with a detached single-family residence with a lot size that is no less than 7,200 square feet with a minimum Front Footage of 60’. The minimum Dwelling Size will be 1,600 square feet and the maximum dwelling size will be 3,800 square feet. Lots designated as DSFR(2) shall comply with Architectural Standard DSFR(2) and shall have an DUE of One (1) per lot/dwelling. DSFR(3): This category represents lots which will be improved with a detached single-family residence with a lot size that is no less than 8,400 square feet with a minimum Front Footage of 70’. The minimum Dwelling Size will be 1,800 square feet and the maximum dwelling size will be 4,200 square feet. Lots designated as DSFR(3) shall comply with Architectural Standard DSFR(3) and shall have an DUE of One (1) per lot/dwelling. DSFR(4): To be provided in later PDD Amendments. 12/21/2011 Sedona Trails PDD DSFR(5): To be provided in later PDD Amendments. DSFR(6): To be provided in later PDD Amendments. DSFR(7): To be provided in later PDD Amendments. DSFR(8): To be provided in later PDD Amendments. DSFR(9): To be provided in later PDD Amendments. 12.2.1.1.2 Attached Single-Family Residential Attached Single-Family Residential represents an alternative residential option for those who desire to be in a master planned community without the responsibilities of day to day maintenance of a Detached Single-Family Residence. As with some of the smaller lot sizes in the Detached Single-Family Residence category, the Attached Single-family Residential category may also alternately be referred to as townhomes, villas, patio homes, zero lot line homes or similar descriptors. However, the distinguishing factor for an Attached Single-Family residential dwelling is that it shares a vertical common or party wall with an adjacent independent residential dwelling. As opposed to Multistory Single-Family Residential use, however, it does not share a floor/ceiling with another adjacent independent residential dwelling. ASFR(1): To be provided in later PDD Amendments. ASFR(2): To be provided in later PDD Amendments. ASFR(3): To be provided in later PDD Amendments. 12.2.1.1.3 Multistory Attached Single-Family Residential Multistory Attached Single-Family Residential (designated as “MSA”) represents a residential option similar to Attached Single-Family Residential. This category would include multilevel condominiums or apartments. This category of residential dwelling has multiple floors/stories with separate residential dwelling units on different horizontal levels. These dwellings may share a vertical common or party wall with another independent residential dwelling but will also share a floor/ceiling with another independent residential dwelling unit. While separate MSA categories are denominated based upon unit size, separate categories may be combined into one project or development and the Maximum Density per Acre as well as allocated LUEs shall be determined by the average minimum for the combined project or development. MSA shall be a site plan approval as otherwise set out herein and in the UDC. All MSA shall comply with Architectural Standard MSA. MSA(1): To be provided in later PDD Amendments. MSA(2): To be provided in later PDD Amendments. 12.2.1.2 Improved Non-residential Land Use 12/21/2011 Sedona Trails PDD Office and Professional District (OP): Intended to provide suitable areas for the development of office structures as well as office park developments on appropriately designed and attractively landscaped sites. It is also intended to provide ancillary retail service (restaurants, coffee shops, newsstands, etc.) for such office developments. Due to the intensity of these developments, this District should be generally located along major transportation corridors, and be properly buffered from less intensive residential uses. Neighborhood Services District (NS): Intended to provide suitable areas for the development of certain limited service and retail uses in proximity to residential neighborhoods in order to more conveniently accommodate the basic everyday retail and service needs of nearby residents. Such uses occur most often on the periphery of established neighborhoods at the intersection of collectors and minor arterials, and are generally on sites of approximately one (1) to three (3) acres in size. These developments are to have generous landscaping and contain non-residential uses, which do not attract long distance traffic trips. This District should be properly buffered from residential uses and protected from pollution and/or environmental hazards. General Business District (GB): Intended to provide suitable areas for the development of non-residential uses which offer a wide variety of retail and service establishments that are generally oriented toward serving the overall needs of the entire community, including, but not limited to retail, office, services, restaurant, self-storage, and similar uses . These businesses are usually located on appropriately designed and attractively landscaped sites and along principal transportation corridors. General Business District-2(GB-2): Intended to provide suitable areas for the development of non-residential and light industrial uses that offer a wide variety of retail and service establishments that are generally oriented toward serving the overall needs of the entire community. These businesses are usually located on appropriately designed and attractively landscaped sites and along principal transportation corridors. These facilities should not emit dust, odor, smoke, gas or fumes, or any other hazardous elements, which are detectable beyond the boundary of the property. Due to the traffic generated by such uses, these districts should be located on arterial streets. In reviewing the proposed development, other infrastructure considerations such as water, electric, sewer, gas and fire line pressure should be taken into account. Where several lots are to be jointly developed as a light manufacturing area, restrictive covenants and development restrictions encouraging high-level design and maintenance are encouraged. Manufacturing District-Light (M-1): Intended to provide a suitable area for the development of light industrial, assembly and manufacturing, warehouse and distribution facilities. These facilities should not emit dust, odor, smoke, gas or fumes, or any other hazardous elements, which are detectable beyond the boundary of the property. Due to the traffic generated by such uses, these districts should be located on arterial streets. In reviewing the proposed development, other infrastructure considerations such as water, electric, sewer, gas and fire line pressure should be taken into account. Where several lots are to be jointly developed as a light manufacturing area, restrictive covenants and 12/21/2011 Sedona Trails PDD development restrictions encouraging high-level design and maintenance are encouraged. Manufacturing District-Heavy (M-2): Intended to provide a suitable park-like area for the development of intensive industrial/manufacturing activities, which tend to emit certain offensive features such as odor, noise, dust, smoke and/or vibrations, but under controlled conditions. Specific Use Permit will be required by all activities locating in this area. Uses shall also recognize the need for increased water pressure and capacity in order to provide adequate fire protection. Public Use District (PUB): Intended to identify and provide a zoning classification for land that is owned or may be owned by the City, County, State, or Federal Government or the School District; land that has been dedicated to the City for public use such as parks and recreation, and land designated and dedicated to the City as a greenbelt. Religious Worship (RW): Intended to identify and provide a zoning classification for recognized and qualifying churches, mosques, temples and other facilities primarily dedicated to religious worship and associated congregational activities. 12.2.2 Unimproved Property Land Use Unimproved Property Land Uses include: Parks: Areas which are to be developed and dedicated to a governmental entity as parkland as defined in Section 10. Athletic Fields: Property developed as soccer fields, baseball fields and similar uses which may also qualify as Parks or HOA Property. Open Land: Areas which are open and natural and which have not been disturbed but which may be Parks or HOA Property HOA Property: Areas owned by the HOA and which may include entry features, landscaped boulevard areas, swimming pool areas, athletic fields, HOA amenity areas. Cemetery: Land dedicated to burial interment and is regulated by the Sedona Trails PDD Standards. Golf Course: Land which is developed or utilized for golf course and related facilities and which may be privately or publicly owned. Drainage and Detention Areas: Those areas which are developed to manage and detain stormwater runoff and are more specifically addressed in the Infrastucture Standards, Section 8. 12/21/2011 Sedona Trails PDD Trails: Trails through the Sedona Trails PDD for general use of the residents and citizenry and which are more specifically addressed in Section 11. Flood Plain Area: That area which is designated as Flood Plain area by FEMA and which is more specifically addressed in the Infrastructure Standards, Section 8. Detention Areas: Those areas intended to detain surface water runoff pursuant to the Drainage Plan for the Sedona Trails PDD. Other: All other areas which are not Improved Land Use Areas or one of the foregoing identified categories of Unimproved Land Use Areas. 12.3 Land Use Dimensional Requirement 12.3.1 Residential Dimensional Requirement Table, Exhibit attached 12.3.2 Non-Residential Dimensional Requirement Table, pending Non–residential dimensional requirements will be determined during the amendment processes applicable to modules II and II. 12.4 Land Use Allocation 12.4.1 Master Plan/ Module Description A current determination of Land Uses within the Sedona Trails PDD necessarily involves a mechanism for the future adjustment of Land Use locations as well as the extent and scope of each Land Use. Yet the adjustment approach must also employ an overall blend of Land Uses which maintains the personality of Sedona Trails. The foundation of the Master Development Plan and Development Standards for Sedona Trails provides for various Land Uses within the Sedona Trails PDD and establishes a procedure to adjust residential Land Uses – whether between various residential Land Use categories or anticipated residential Land Use locations within the overall Sedona Trails PDD. The balance to this flexibility lies in establishing minimum requirements and standards for various Land Uses (“Land Use Development Standards”). This permits future adjustment of use and location within the overall Sedona Trails PDD while maintaining the personality and integrity intended by the original development scheme. It should be noted that the flexibility for adjusting Land Use is limited to residential Land Use categories as noted above. Non-Residential Land Uses generally require more specifically defined locations (e.g., on arterials, etc.) as well as larger land areas to accommodate parking requirements. As a result, Non-Residential Land Uses will be specifically designated as to location as well as scope and minimum amount and size. There will not be any Non-Residential Land Uses within Module I and discussion and determination of scope and location of Non-Residential Land Uses will be deferred until 12/21/2011 Sedona Trails PDD subsequent amendments to the Sedona Trails PDD applicable to Module II and Module III. 12.4.2 Master Plan/ Module Graphic Depiction Exhibit attached The Overall Conceptual Master Plan for the Sedona Trails PDD presented earlier is included on the following page with three separate modules of the Sedona Trails being more clearly delineated. This is intended to reflect a general understanding of the current anticipated land uses; but is not intended to be conclusive with regard to the location or extent of any land use. Rather, the application of the Land Use Allocation Table as well as the land use category descriptions will provide residential development flexibility but maintain predictability for the overall development of Sedona Trails. In addition to the Architectural Standards which define each Land Use, overall Sedona Trails PDD Standards for Infrastructure, Community and Public Amenities and other design, engineering and construction matters will impose overall design and development requirements to assure consistency throughout the Sedona Trails PDD. 12.4.3 Land Use Allocation Table: Total Project, Exhibit attached 12/21/2011 Sedona Trails PDD Land Use Dimensional Requirements. Minimum Setback (Ft.)Misc. Requirements Use Category Detached Single Family Residential DSFR(1)5,500 50 110 TBD 5 5 TBD TBD 2 38 65%1 DSFR(2)7,200 60 120 TBD 5 5 TBD TBD 2 38 65%1 DSFR(3)8,400 70 120 TBD 5 5 TBD TBD 2 38 65%1 DSFR(4)TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD DSFR(5)TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD DSFR(6)TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD DSFR(7)TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD DSFR(8)TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD DSFR(9)TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD Attached Single Family Residential ASFR(1)TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD ASFR(2)TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD ASFR(3)TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD Multistory Attached Single Family Residential MF(1)TBD TBD TBD TBD TBD TBD TBD TBD TBD 60 85%0.6 MF(2)TBD TBD TBD TBD TBD TBD TBD TBD TBD 60 85%0.6 Improved Property Land Use - Non-Resid. Office/Professional 6,000 60 100 25 25 0 25 0 TBD 50 80%TBD Neighborhood Svcs.10,000 100 100 25 25 0 25 0 TBD 50 80%TBD General Business 10,000 100 100 25 25 0 25 0 TBD 120 80%TBD General Business 2 10,000 100 100 25 25 0 25 0 TBD 120 80%TBD Light Mfg.10,000 100 100 25 25 0 50 0 TBD 120 80%TBD Heavy Mfg.10,000 100 100 25 25 0 50 0 TBD 120 80%TBD Public Use District 10,000 100 100 25 25 0 15 0 TBD 50 80%TBD Religious Worship 10,000 100 100 25 25 0 25 0 TBD 100 80%TBD *Note: 15 ft. minimum set back for one (1) story houses. Min. Lot Size and Dimensions Area Sq. Ft. Width Ft. Depth Ft. Front Ft. Side Ft. - Resid. Side Ft. Non-Resid. Rear Ft. Resid Rear Ft. Non Resid Min. Off- Street Pkg Max. Height (Ft.) Max. Imperv Cover DUE Allocation Improved Property Land Use - Resid. Overall Project Area Module I Module II Module III Aggregate DUE Total 2600 520 1380 700 Min. Max Min. Max Min. Max Min. Max Residential Detached Single Family Residential DSFR(1)TBD TBD 208 442 TBD TBD TBD TBD DSFR(2)TBD TBD 78 338 TBD TBD TBD TBD DSFR(3)TBD TBD 0 130 TBD TBD TBD TBD DSFR(4)TBD TBD TBD TBD TBD TBD TBD TBD DSFR(5)TBD TBD TBD TBD TBD TBD TBD TBD DSFR(6)TBD TBD TBD TBD TBD TBD TBD TBD DSFR(7)TBD TBD TBD TBD TBD TBD TBD TBD DSFR(8)TBD TBD TBD TBD TBD TBD TBD TBD DSFR(9)TBD TBD TBD TBD TBD TBD TBD TBD Attached Single Family Residential ASFR(1)TBD TBD TBD TBD TBD TBD TBD TBD ASFR(2)TBD TBD TBD TBD TBD TBD TBD TBD ASFR(3)TBD TBD TBD TBD TBD TBD TBD TBD Multistory Single Family Residential MSR(1)TBD TBD TBD TBD TBD TBD TBD TBD MSR(2)TBD TBD TBD TBD TBD TBD TBD TBD Non-Residential (allocated by acreage) Office/Professional TBD TBD TBD TBD TBD TBD TBD TBD Neighborhood Svcs.TBD TBD TBD TBD TBD TBD TBD TBD General Business TBD TBD TBD TBD TBD TBD TBD TBD General Business 2 TBD TBD TBD TBD TBD TBD TBD TBD Light Mfg.TBD TBD TBD TBD TBD TBD TBD TBD Heavy Mfg.TBD TBD TBD TBD TBD TBD TBD TBD Public Use District TBD TBD TBD TBD TBD TBD TBD TBD Religious Worship TBD TBD TBD TBD TBD TBD TBD TBD Unimproved (allocated by acreage) Aggregate Total 200 Ac. NA NA NA NA NA NA NA 13. Architectural Standards 13.1 Standards: Module I Consistency and quality are essential to preserving long-term value in Sedona Trails, a matter of great importance to the City of Schertz, to future homeowners and business owners, and to the Applicant. Architectural Standards will be established for 50', 60', and 70' single-family residence dwellings in Module I and will be agreed upon with the City as part of this PDD amendment approval process. Design and planning professionals, City staff and officials, architects, and others will participate in design charettes to craft a community vision and to set the architectural and design criteria for the single-family residences which will make up Module I. Integrating the Architectural Standards for the residences with the Community and Public Amenity Standards will offer a community with common themes and elements which will bind it together. There are a number of considerations in establishing Architectural Standards which will ensure consistency and quality. The following summarizes a number of items which are important considerations to be evaluated and incorporated into the Residential Architectural Standards:  Plan Repetition  Frequency of repetition of identical or similar house plan within defined area  Exterior Building Materials  Allowable  Prohibited  Required  Masonry Requirements  First Story  Second Story  Types allowed or prohibited  Foundations  Concealment of exposed foundations  Fencing  Height  Mandatory or Optional  Location  Materials (Allowed and Prohibited)  Corner Lots  Gates  Rear Residential Gates into Greenbelt  Other gates into residential fenced yards  Roofs  Acceptable pitch  Prohibited roof styles  Materials (allowed and Prohibited)  Setbacks  Front and Rear 12/21/2011 Sedona Trails PDD  One story and two story residences  Intrusion of porch, garage, etc. into setback  Driveways  Dimensions  Location  Materials  Architectural Elements  Dormers, gables, bay windows, etc.  Requirement for elements to provide articulation and visual interest  Garages and Carports  Size  Allowed/Prohibited  Garage Door Styles  Swimming Pools  In-ground/above-ground (allowed or prohibited)  Screening, Fencing and Gates  Consistent with current UDC impervious cover position  Exterior Lighting  Types Allowed/Prohibited 13.2 Standards: Module II 13.3 Standards: Module III 12/21/2011 Sedona Trails PDD 14. Conceptual Master Plan and Design Standards – Special Exceptions Purpose and Overview The Sedona Trails PDD, as amended, includes significant obligations and commitments for improvements, open space, trail systems and other public benefits as part of the overall development. The Sedona Trails PDD incorporates obligations for “must-build roads” and “must-build trails” which ensure that the Conceptual Master Plan will be honored and that the integrity of the overall development will be maintained. Community and Public Amenity Standards and Architectural Standards will establish the high level and quality of the improvements to be constructed in Sedona Trails As a result of these significant commitments, the Sedona Trails PDD includes significant flexibility to the Developer to adjust future land use to accommodate changes in market conditions, consumer demand and other factors. Circumstances may arise in the future which make exceptions to the requirements or obligations of Sedona Trails PDD appropriate or necessary (“Special Exceptions”). A Special Exception shall be a circumstance or condition in which the Developer desires relief from a requirement or obligation of the Sedona Trails PDD, including Design Standards and applicable portions of the UDC. Categories of Special Exceptions Special Exceptions may fall into categories which will determine the resolution and granting of a Special Exception:  Special Exceptions which affect the entire Sedona Trails PDD area (“Overall Special Exception”) o Major Special Exceptions o Minor Special Exceptions  Special Exceptions which affect a mandatory element or obligation of the Sedona Trails PDD (e.g., must-build roads either as to extent or location, must-build trails either as to extent or location, minimum or maximum number of DUEs for any particular land use category, etc.) (“Mandatory Element Special Exception”) o Major Special Exception o Minor Special Exception  A Special Exception requesting a change to the POA, CCRs or ACC standards  Special Exceptions which impact less than 10% of (i) total lots or (ii) total land use area in any individual Land Use Category (“Limited Special Exception”)  Special Exceptions to the application of any Design Standard or any applicable provision of the UDC (“Design Standard Special Exception”) Major Special Exceptions and Minor Special Exceptions  Minor Special Exceptions shall be: o Changes necessitated by previously unknown physical conditions or a requested adjustment in location of mandatory elements which do not materially change the intent, impact or scope of a mandatory element such that it no longer performs or serves its original intended purpose 12/21/2011 Sedona Trails PDD o Changes of less than 10% as to amount or location of any Mandatory Element o Any Limited Special Exception o Any change to the POA, CCRs or ACC standards o Design Standard Special Exception which does not lessen or decrease the applicable or Design Standard or UDC provision  All other Special Exceptions shall be considered Major Special Exceptions.  Any requested Special Exception which would otherwise require review and approval by the Planning and Zoning Commission or by the City Council if it were any original submission shall be Major Special Exceptions. Special Exception Process An application for Special Exception shall be made to the Director of Planning which sets forth adequate detail and specificity as to the Special Exception requested and Applicant’s basis for its classification as a Major Special Exception or a Minor Special Exception. The Director of Planning shall determine if such requested Special Exception is a Major Special Exception or a Minor Special Exception. If the Director of Planning determines that the requested Special Exception is a Minor Special Exception, the Director of Planning may grant or deny the Special Exception at an administrative level without any further review or requirement. If the Director of Planning determines that a Special Exception is a Major Special Exception, then, in that event, the Director of Planning shall submit the requested Special Exception to the Planning and Zoning Commission for review and approval. If the Director of Planning determines that a Special Exception is a Minor Special Exception and denies the Special Exception, the Director of Planning shall submit the requested Special Exception to the Planning and Zoning Commission for review and approval. If the Planning and Zoning Commission determines that a Special Exception is of such a nature that it would have required City Council review and approval had it been an original submission, then, the Planning and Zoning Commission shall submit the requested Special Exception to the City Council with its recommendation after having reviewed such Special Exception. If the Planning and Zoning Commission denies the Special Exception, the Applicant may request that the Planning and Zoning Commission shall submit the requested Special Exception to the City Council for its review and approval. Any determination by the City Council shall be considered final and determinative. 12/21/2011 Sedona Trails PDD 12/21/2011 Sedona Trails PDD 15. Definitions and References All terms are defined herein or are to be defined in future amendments to the Sedona Trails PDD as relative to Modules II and Modules III.