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ORD 841 05/13/2008 O U ° k 'l . O ''exP. ORDINANCE 841 AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS ESTABLISHING THE ZONING CLASSIFICATION FOR AN 80.480 ACRE TRACT OF LAND OUT OF THE JACOB DE CORDOVA SURVEY NO. 514, ABSTRACT 117 AND THE JOHN SALADIN SURVEY NO. 404, ABSTRACT NO. 299 SITUATED WITHIN GUADALUPE COUNTY, TEXAS, OWNED BY LAREDO I-35 NORTH, LTD TO BE REZONED FROM COMMERCIAL LIGHT (C-1) AND RESIDENTIAL SINGLE-FAMILY RURAL (R-U) TO PLANNED DEVELOPMENT (PD). NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS: SECTION I. Whereas two public hearings were held to discuss such rezoning, the first being on Wednesday, April 30, 2008 at 7:00 p.m. in the Cibolo City Chambers; and, the second being on Tuesday, May 13, 2008 at 7:00 p.m. in the Cibolo City Chambers, for the purpose of providing all interested persons the opportunity to be heard concerning the proposed rezoning 80.480 acres from Commercial Light District (C-1) and Residential Single Family Rural District (R-U) to Planned Development District (PD) which is described in Exhibit "A" Cibolo Crossing at Old Spanish Trail Planned Development, attached hereto and made part of this ordinance by the City of Cibolo. SECTION II. And whereas the description of the 80.48 acres of land which is to be rezoned to PD is described within Exhibit "A" Cibolo Crossing at Old Spanish Trail Planned Development as Exhibit "A" of the PD (Metes and Bounds Description and Map), Exhibit"B" of the PD (Aerial Map), Exhibit "C" of the PD (Concept Plan), Exhibit "D" of the PD (Ripps-Kruessler Street Extension), Exhibit "E" of the PD (Native and Adapted Plant List), Exhibit "F" of the PD (List of Invasive Species), and Exhibit "G" of the PD (Sustainable Project Strategies attached hereto and made part of this ordinance. SECTION III. This Ordinance shall take effect immediately upon its passage. PASSED,APPROVED,AND ADOPTED THIS /3 DAY OF // , 2008. A6A.71)- �� �ennifer an Mayor, City of Cibolo ATTEST: J . Peggy C mics _ City Secretary, City of Cibolo EXHIBIT A CIBOLO CROSSING AT OLD SPANISH TRAIL PLANNED DEVELOPMENT (the "PD") I. General Provisions 1. DEFINITIONS In this PD: • CODE means the Zoning Regulations, Subdivision Regulations, Sign Ordinance, design criteria and other application ordinances and provisions of the City of Cibolo, Texas, in effect as of the date of adoption of this PD by Ordinance. • COMMERCIAL USE means any use other than Residential Uses or Industrial Uses. • DEVELOPER means Laredo I 35 North, Ltd., San Antonio, Texas. • DIRECTOR means the City Planner for the City of Cibolo, Texas. • FREE STANDING RETAIL BUILDING means a stand alone commercial building smaller than 10,000 square feet with one or more tenants, with auto circulation and parking typically on all four sides, and often with drive through facilities. • GLAZING means window glass installed on buildings. • IN-LINE RETAIL STOREFRONTS means multi-tenant retail uses, typically fronting one direction only and located between Major Tenant Retail uses. • INTERNAL CIRCULATION ROUTE means either a public street or a private drive edged by a curb within the PD. • MAJOR TENANT RETAIL means single tenant retail uses 10,000 square feet or larger. • MULTI-USE BUILDING means a building that includes two (2) or more uses. • PD means this planned unit development which includes the Conceptual Plan for the Property. • PEDESTRIAN NODE means an at-grading pedestrian crossing which is intended to channel pedestrian traffic across roadways and provides visual cues for vehicular traffic through the use of landscape plantings, site lighting, wayfinding signage or any combination of the foregoing. • PLANNING COMMISSION shall mean the Planning & Zoning Commission of the City of Cibolo, Texas. • PUBLIC STREET shall mean Ripps-Kruessler Road, IH-35 frontage road, and/or Wiederstein Road. • RESIDENTIAL UNIT(S) shall mean a room or group of rooms forming a habitable dwelling. Each individual habitable dwelling regardless of size (e.g., one,two or three bedroom apartment units) shall equals one "Residential Unit". Page 1 of 23 Cibolo Crossing at Old Spanish Trail PD • RESIDENTIAL USES shall mean attached residential uses. • RETAIL USES shall mean establishments primarily engaged in the sale or rental of goods and merchandise to the general public. • STUCCO means a cement mixture used for siding on a building. Synthetic stucco means a textured finish coat applied to the top of the insulation board. • TRANSPARENT GLAZING means tinted or clear glass that can be seen through. Except as defined herein, words and terms used herein shall have the meaning as defined in Chapter 24 of the Code. Any word or term not defined in the Code shall have the usual and customary meaning. 2. AMENDMENT 2.1 Minor Changes Minor changes to the PD, the PD Concept Plan or any other Exhibit which do not substantially and adversely change the PD or the Exhibit may be approved administratively by the Director. Minor changes shall include changes to the uses and intensities specified up to ten percent (10%), so long as the minimum and maximum uses and intensities specified for the overall PD are maintained, changes to the alignment/location of internal roadways, drives and parking fields, minor changes to the sign, lighting and landscape requirements or adjustments or any other changes in land use, minor changes to any matters depicted on exhibits hereto that are intended to be substantially accurate but approximate according to the terms hereof, minor adjustments to building elevations and other adjustments that do not result in material increases to traffic or density, do not materially change the character or nature of the Project and which do not otherwise contradict the express intent and terms of this Agreement. Any requirement in the PD for approval by the Director or other designated City official shall be deemed a minor change and may be approved administratively. 2.2 Major Changes All changes to the PD or any Exhibit not permitted under Section 2.1 above shall be resubmitted following the procedure required for the original PD approval. 3. CONFLICTS AND APPEALS 3.1 Conflicts The provisions of the PD shall apply to and control development within the PD. All City ordinances and resolutions, and parts of ordinances and resolutions, and any regulations or rules thereunder, in conflict herewith are expressly repealed Page 2 of 23 Cibolo Crossing at Old Spanish Trail PD and waived as applied to the PD and to the extent of such conflict, and are no longer in force or effect with respect to the PD. 3.2 Appeal of Administrative Decisions Administrative decisions provided for in the PD or otherwise affecting the PD (such as decisions by the Director) may be appealed to the Planning Commission in writing within ninety (90) days following receipt of the written confirmation of such administrative decision. Additionally, the decision of the Planning Commission may be appealed to City Council in writing within ninety (90) days following the Planning Commission's decision. A simple majority vote of the Planning Commission or City Council will be sufficient to overrule or confirm the decision of the Director or Planning Commission, as applicable. 4. EXHIBITS All schedules and exhibits referred to in or attached to the PD are incorporated into and made a part of the PD for all purposes. 5. MISCELLANEOUS 5.1 Necessary Documents and Actions Each party agrees to execute and deliver all such other and further instruments and undertake such actions as are or may become necessary or convenient to effectuate the purposes and intent of this PD. 5.2 Severability In case one or more provisions contained herein are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions hereof and in such event, this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 5.3 Entire Agreement This PD constitutes the entire agreement of the parties and supersedes any prior or contemporaneous oral or written understandings or representations of the parties respecting the subject matter hereof 5.4 Applicable Law This PD shall be construed under and in accordance with the laws of the State of Texas. Page 3 of 23 Cibolo Crossing at Old Spanish Trail PD 5.5 Venue All obligations of the parties created hereunder are performable in Guadalupe County, Texas and venue for any action arising hereunder shall be in Guadalupe County. II. DEVELOPMENT PLAN 1. PROPERTY The PD covers approximately 80.5 acres of land located within the city limits of Cibolo, Texas, and being more particularly described in Exhibit A attached hereto (the "Property"). An aerial map of the Property is depicted in Exhibit B,Aerial Map. 2. APPLICABILITY OF CITY ORDINANCES 2.1 Zoning The base zoning district for the PD is C-3R(Big Box Retail). All standards, setbacks and requirements of C-3R (Big Box Retail) District shall apply to the PD, except as and to the extent set forth in or in conflict with the PD. The Property shall be regulated for purposes of zoning by the PD. All uses and development within the Property shall generally conform to the PD as set forth herein. 2.2 Other Ordinances All other ordinances and all other provisions of the Code shall apply to the PD except as and to the extent set forth in or in conflict with the PD, in which case the PD controls. 3. PURPOSE AND INTENT The purpose of this PD is to insure that the Project is 1) equal to or superior to development that would occur under the standard ordinance requirements, 2) is in harmony with the Concept Plan, 3) does not have an undue adverse affect upon adjacent property or any other matters affecting the public heath, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as to not to interfere with the immediate neighboring properties or their development or use in accordance with any existing zoning district. 4. CONCEPT The concept for the PD is an auto-oriented development containing pedestrian-oriented elements and provides for a mixture of Commercial Uses, Residential Uses and open space while incorporating historical aspects of Cibolo and/or a thematic component of the Old Spanish Trail. Page 4 of 23 Cibolo Crossing at Old Spanish Trail PD Development Areas (herein so called) of the.PD are depicted on Exhibit C, PD Concept Plan. The land area within each Development Area may be modified, subject to approval of the Director, such approval not to be unreasonably withheld, conditioned or delayed. Pedestrian connectivity shall be promoted between the two Development Areas through the use of "Pedestrian Nodes" in the locations generally shown on Exhibit C, PD Concept Plan. The Pedestrian Nodes shall include at-grade pedestrian crossings, enhanced landscape plantings, site lighting, wayfinding signage (or any combination of the foregoing). Development Area 1, as shown on Exhibit C, PD Concept Plan, is planned for an intensive concentration of Retail Uses, which may include shops, restaurants, cafes and other retail establishments, and may also include entertainment venues, office, hotel, Residential Uses or any other Permitted Uses contained in Table 6.1. Development Area 2, as shown on Exhibit C, PD Concept Plan, is planned to include Commercial Uses, Retail Uses, Residential Uses and open space. 4A. PD APPLICATION REQUIREMENTS Notwithstanding Chapter 13 of the Code, a Detail Plan is not required for approval of the PD. Exhibit C, PD Concept Plan included within the PD, shall serve to meet the requirements for the Concept Plan requirements for the PD submittal. The initial application for a preliminary plat subdivision shall also include a Detail Plan application meeting the requirements set forth in Chapter 13 of the Code. Applications will be. submitted for the portion of the Property covered by the applicable preliminary plat subdivision. 5. PHASED DEVELOPMENT Development of any portion of the PD may be implemented at any time, subject to allowed development intensity and following submittal and approval of the initial site plan requirements of the PD and the terms and conditions set forth in the Chapter 380 Economic Development Agreement dated of even date herewith by and between the City and Developer. Page 5 of 23 Cibolo Crossing at Old Spanish Trail PD 6. USES 6.1 Use Table The uses set forth below in Table 6.1 shall apply to the Project, in addition to any other uses as may be approved by the Planning Commission. Table 6.1 A. Allowed Uses Conditional Uses1 Prohibited Uses Alcohol,Alcoholic beverages Day care centers Any heavy commercial or any and tobacco sales industrial use as defined by the 2007 NAICS Manual (unless otherwise allowed in this table of uses)2 Bazaar Seasonal and temporary sales Any residential use other than not otherwise allowed in those described in the accordance with Section 17 of "Allowed Uses" column this PD Commercial printing & Specialty auto with minor Automobile paint and body copying services maintenance uses, except for shop those establishments devoting a minimum of(30)percent of their gross floor area to retail sales, such as tire and battery sales Food preparation for retail sale Veterinary clinics not Battery, oil, chemical, or other containing outdoor animal runs contaminant drop off stations Lofts,Apartments, Mini storage, similar outdoor Condominiums, Townhomes storage &warehouse uses and Rowhouses up to (36) units per acre3 Oil replacement and tune-up Mining establishments Public spaces Muffler,transmission,bearing, engine overhaul/replacement, axle and similar garage uses Theaters Noxious or offensive by reason of vibration, noise, odor, dust, smoke, gas or other related 1 As Approved by the Director 22007 NAICS Manual: http://www.census.gov/epcd/www/naics.html 3 Minimum lot size of 3,000 square feet and a maximum of 600 units within the PD except for vertically integrated uses including residential on upper floors Page 6 of 23 Cibolo Crossing at Old Spanish Trail PD environmental cause. Transit stops Outdoor display of motorized vehicles, farm machinery,truck or trailer,mobile homes, storage pods/containers or recreational vehicles for sale, lease or rental Travel Agency or similar Pawn shop services Uses where at least 80% of gross Places of worship (ecumenical) sales are retail, except as prohibited Hospital, Medical, Dental, Freestanding car wash Therapeutic and similar services Animal grooming Publishing plants Convenience stores with fuel Repair garages sales and/or automatic car wash Retail printing& copying Sexually oriented businesses Office Single-family residential home interior finish-out showrooms operated by a homebuilder Retail home improvement Truck stops Restaurants, including drive- Wholesale operations in/drive-thru, refreshment stands/kiosks and outdoor dining Banks Wrecker or junk yards Cultural and visual arts studios On-site dry cleaning,pressing, with retail sales and galleries and dyeing plants Parking garage Retail bakeries Retail greenhouse Retail grocery and home supply Personal services such as hair, skin, massage, and nail salons. Hotels Stores, shops &markets for retail trade Indoor and outdoor commercial recreation and/or entertainment Retail shops/studios Fitness, dance, art, music (or similar activities) studio Interior decor Page 7 of 23 Cibolo Crossing at Old Spanish Trail PD Public or private educational facility (for profit or non- profit) Health club, gym Pickup/drop-off dry cleaning establishments 6.2 Lot Design Requirements—Residential Uses The following standards shall apply to Residential Uses within the Project. (a) Minimum Lot Area in square feet 3,000 (b) Minimum Lot Width 30' (c) Minimum Lot Depth 100' (d) Maximum Front Setback from Public Streets 25'* (measured from right-of-way line) (e) Maximum Front Setback from private drives30'* (measured from back of curb) (f) Minimum Rear Setback 15'* (g) Minimum Separation between structures 10' (h) Minimum Street Side Setback 15'* (i) Maximum Height of Principal Building N/A, except as provided in Section 13(c) (j) Maximum Lot Impervious Cover 80% * Porches and stoops may extend into front yard setbacks. Eaves, window projections and architectural elements may extend no more than 18"within front,rear or side setback or building separations. 6.3 Lot Design Requirements—Commercial Uses and Multi-Use Buildings (a) Minimum Lot Area in square feet 5,000 (b) Minimum Lot Width N/A (c) Minimum Lot Depth N/A (d) Minimum Front Setback 25' (e) Minimum Rear Setback 15' (f) Minimum Interior Side Setback on a common property line 0 (g)Minimum Street Side Setback 15' (h)Maximum Height of Principal Building N/A, except as provided in Section 13(c) (i) Maximum Lot Impervious Cover 90% Page 8 of 23 Cibolo Crossing at Old Spanish Trail PD 7. PEDESTRIAN CONNECTIVITY The PD shall be planned as a cohesive grouping of buildings and open spaces. Public Streets and Internal Circulation Routes shall include sidewalks to provide convenient pedestrian access and connectivity. Emphasis shall be placed on pedestrian linkages between pedestrian oriented streets and the community gathering space within the Project. Developer agrees to use commercially reasonable efforts to design the Project in a way that will promote connectivity between the different types of uses contained within the Project. (A) Walkways shall be designed to allow maximum pedestrian mobility within the Project. All sidewalks will be designed to allow pedestrians to freely access all buildings and areas within the Project. Sidewalks shall be typical concrete construction; provided however that fifteen percent (15%) of the sidewalk area along the front facade of the building will be constructed with brick and/or stone paving, scored/stained concrete, and/or integrally colored concrete. These accent areas are intended to emphasize important intersections, building entrances and desirable pedestrian routes. All interior walkways shall be a minimum of five (5) feet in width. Walkways not located adjacent to store fronts, loading areas, or other high pedestrian traffic areas may be constructed with concrete, decomposed granite or other similar type material. Handicap ramps and decorative crossings will be constructed in compliance with the Americans with Disabilities Act. (B) Sidewalks shall be constructed along all Public Streets (except IH-35 frontage road) adjacent to and within the Project and shall be a minimum of five (5) feet in width and constructed to City standards and lined with Street Trees. Sidewalks shall be installed concurrently at the time that the adjacent portion of the property is developed. (C) Sidewalks may be located outside the street right-of-way provided they are located in a public use easement shown on the subdivision plat of the affected lot. Alternative surface materials, such as decomposed granite gravel, may be substituted for concrete sidewalks with the approval of the Director. 8. COMMUNITY GATHERING SPACE The Project shall contain a community gathering space, or series of spaces, totaling a minimum of two (2) acres in size, of which at least 30,000 square feet must be centrally located in Development Area 1, as shown on Exhibit C, PD Concept Plan. Such community gathering space shall be provided at a location in the PD mutually agreeable to the City and Developer and otherwise meet the requirements set forth in Chapter 14, Section L(2) (h) of the Code. (A) The heights of the surrounding structures, in addition to the space's function and location, shall determine the appropriateness of the scale and its character. A community gathering space may range from active places with Page 9 of 23 Cibolo Crossing at Old Spanish Trail PD adjacent complimentary uses such as restaurants to quiet areas with only seating, landscaping and amenities such as fountains,water fountains or public art. (B) Such community gathering space shall be located at an area of pedestrian interaction to enhance connectivity and security and shall not include parking areas. (C) Such community gathering space shall provide plantings to enliven the space and provide shade and color, wayfinding signage, lighting, pedestrian walks and gathering areas and landscape and other features to promote pedestrian activity and relaxation. Such features may also include landscape structures or provide space to promote exhibits or performances. (D) Such gathering space may be bordered by a combination of streets and buildings,but in any case the gathering space shall have a sense of enclosure. (E) Historical aspects of Cibolo and the surrounding area shall be incorporated into the design of the community gathering space in a manner that provides an interpretation of the historical and cultural tapestry of the region, particularly the historic Old Spanish Trail. The Developer will make use of historical records of the area to provide an accurate basis for the inclusion of design elements that inform the public of the local history. Such design elements may include informative signage exhibits, special enhanced paving, landscape features or architectural elements. 9. SUSTAINABLE LANDSCAPE INITIATIVES 9.1 Site Landscaping and Sustainable Design (A) 100% of the permanent landscaping proposed for use within the PD shall be selected from the plants listed on Exhibit E, Native and Adapted Plant List or as approved by the Director. Such plants are native, locally adapted and naturalized Central Texas plants that reduce the water, fertilizer and pesticide needs. (B) Invasive plants listed on Exhibit F, List of Invasive Species shall not be used or planted within the PD. (C) All required landscaping shall be irrigated by one of the following methods: an automatic irrigations system, a drip irrigation system, a perforated pipe system, or a hose attachment within one hundred (100) feet of all landscaping, except that in locations where a particular site opportunity exists, such as undisturbed or revegetated native landscape area. Supplemental irrigation is not required. Page 10 of 23 Cibolo Crossing at Old Spanish Trail PD (D) Trees shall be strategically placed to maximize shading of buildings, structures and outdoor use areas with southern and western exposures. Shade trees selected for such use should grow to appropriate heights at maturity to assist in the reduction of the heat island effect. 9.2 Street Trees (A) Street trees shall be Native Overstory Trees which are tall, high-canopied trees that reduce the heat island effect shall be used for street tree plantings, unless otherwise approved by the Director. Street trees shall be a minimum of three (3) caliper inches each, as measured by American Nursery standards. (B) Street trees shall be located along or within the right-of-way for Public Streets within the development, spaced a maximum 35 feet on center on average. Spacing may be varied as necessary to minimize conflicts with utilities, utility meters and sight lines. In areas of concentrated retail activity, street trees may be grouped to minimize obstruction of views to retail uses. (C) Selection of street tree species which suffer from limb drop, heavy fruit or nut crops, invasive root systems or allergen production shall be discouraged. In locations where healthy and mature shade trees currently exist, the requirements for new trees may be waived or modified. Irrigation is required for a minimum of two years after installation. All trees shall be maintained in a healthy condition or be replaced within sixty (60) after Developer's receipt of written notice from City instructing Developer to replace said tree(s). 10. ENVIRONMENTAL PROTECTION A unified drainage study for Property covered by an applicable site plan shall be submitted with each applicable site plan, subject to review and approval by the Director. The overall impervious cover within the PD shall not exceed 90% of the total land area outside the 100-year floodplain within the PD. An impervious cover tracking table shall be submitted with each final plat and each site plan. 11. BUILDINGS 11.1 General Requirements (A) All buildings constructed for Commercial Use in the PD shall have exterior walls fronting on any Public Street clad in brick, stone, Stucco, tile, cultured stone, split faced block, or other equivalent materials approved by the Director (the "Enhanced Building Materials") for one hundred percent (100%) of the wall area, exclusive of all windows, doors, roofs, glass construction materials or sidewalk and walkway covers. Non-reflective corrugated steel panels, glass Page 11 of 23 Cibolo Crossing at Old Spanish Trail PD block or other materials that are compatible with the overall design and use for the specific area in which they are placed shall also be considered "Enhanced Building Materials." All exterior walls not fronting on any Public Street shall be clad with Enhanced Building Materials for a minimum of thirty percent (30%) of the wall area. In addition to the aforementioned and Chapter 14(L) of the Code (excluding 14(L)(1)), Developer hereby agrees that at least twenty-five percent (25%) of the Enhanced Building Materials on the exterior walls fronting on any Public Street will consist of brick or stone. 1. Brick will be chosen in natural colors to be compatible or complimentary with the natural stone. 2. Stucco/plaster in general will be colored in hues and tones derived from and compatible with the natural colors found in regional stone sources. However, other colors may be introduced as necessary to accomplish the design theme for the PD. 3. Concrete and/or Concrete Masonry Units ("CMU") may be used in any of several finishes ranging from exposed to textured and painted in an effort to resemble a Stucco finish. Colors for the textured/painted surfaces.shall follow the requirements in#2 above. (B) In addition to the Enhanced Building Materials described above, Hardy Plank or equal quality cementious products and synthetic stucco may be used as, accents in the construction of any building in the PD. Wood, Hardy Plank and synthetic stucco shall be painted or integrally colored. (C) While not required in the PD, roof gardens and useable roof decks may be considered in building design. (D) Multi-Use Buildings are permitted anywhere in the PD. 11.2 Retail Building Standards (A) Retail Buildings—General Standards In addition to the requirements set forth in Section 11.1, and except as specifically excepted below in subparagraphs (B), (C) and (D), the following standards shall apply to buildings developed for Retail Uses (e.g. in-line storefronts, junior anchor buildings, anchor buildings and free standing buildings): 1. Buildings developed for Retail Uses shall include ground level Commercial Uses that generate pedestrian activity. Page 12 of 23 Cibolo Crossing at Old Spanish Trail PD 2. Buildings developed for Retail Uses shall incorporate provisions for shade and pedestrian shelter. 3. Curbside parallel parking and head-in parking are permitted along Interior Circulation Routes that serve buildings developed for Retail Uses. 4. Designated loading of goods and service areas typically associated with the rear of buildings shall not be permitted along the front or sides of buildings developed for Retail Uses, unless otherwise approved by the Director. 5. Within buildings developed for Retail Uses, Residential Uses may be provided on floors above the ground floor level. 6. The ground floor of buildings constructed for Retail Uses shall be designed to accommodate active uses that open onto the sidewalk. Active uses include outdoor cafes, patios and plazas, seating areas and other landscape areas designed for patron and/or pedestrian use. 7. All buildings constructed for Retail Uses shall have a sidewalk that adjoins the main customer entrance. (B) Major Tenant Retail 1. Buildings developed for Major Tenant Retail shall include a front building frontage that provides a minimum of 25% glazing as a percentage of building frontage of the ground level façade facing a Public Street or Internal Circulation Route and front facades, between 2 and 10 feet above grade, and glass windows and entries at frequent intervals (no greater than one hundred (100) feet along the building frontage). At least half of the Glazing shall be Transparent Glazing. 2. The building façade shall consist of one hundred percent (100%) Enhanced Building Materials on the front façade and seventy-five percent (75%) Enhanced Building Materials, (excluding the window areas and service areas) on sides facing a Public Street or Internal Circulation Route. (C) In-line Retail Storefronts 1. In-line Retail Storefronts shall include a building frontage facing a Public Street or Internal Circulation Route and front facades that provide a minimum of 50% Glazing as a percentage of building frontage of the ground level façade, between 2 and 10 feet above grade, and glass windows and entries at frequent intervals (no greater than one hundred (100) feet along the building frontage). At least half of the Glazing shall be Transparent Glazing. 2. The majority of the storefronts (non-structural areas on the front, sides and rear of buildings intended to be used for the display of Page 13 of 23 Cibolo Crossing at Old Spanish Trail PD tenants' merchandise or services) may be framed with typical pre- finished aluminum components. The color of the finishes may vary as the facade materials vary from stone to brick, etc. in an attempt to add variety and interest at the pedestrian level. Glass will be clear and/or lightly tinted with no reflective type or smoke- toned Glazing allowed. 3. In-line Retail Storefronts shall be designed with storefronts and other building treatments that promote pedestrian activity, pedestrian access and gathering places. (D) Free Standing Retail Building 1. Free Standing Buildings shall include a building frontage that is predominantly transparent with a minimum of 50% Glazing as a percentage of building frontage of the ground level facade facing a Public Street or Internal Circulation Route and front facades, between 2 and 10 feet above grade, and glass windows and entries at frequent intervals (no greater than sixty (60) feet along the building frontage). At least half of the Glazing shall be Transparent Glazing. Free Standing Retail Buildings on adjacent lots may be combined or located adjacent to one another. 2. Free Standing Retail Buildings shall provide no more than 25% of the off-street parking areas in front of building(s). Wherever feasible, buildings shall be grouped. 11.3 Residential Building Standards The provisions of this Section shall be applicable to Residential Uses within the Project. (A) Enhanced Building Materials. 100% of the outside wall areas shall be constructed of Enhanced Building Materials. In addition to the aforementioned and Chapter 14 (L) of the Code (excluding Chapter 14(L)(1)), Developer hereby agrees that at least 50% of the Enhanced Building Materials on the outside wall area of the first story of buildings constructed for Residential Uses shall consist of brick or stone. (B) Roofing Materials: Roofing materials for buildings constructed for Residential Uses shall consist of standing metal seam, slate, tile, concrete products, twenty (20 year composite shingles, or such other similar quality material). (C) Building Elevations: Building design shall incorporate design features that have a residential appearance and that will minimize the appearance of building mass and bulk. Building facades shall include offsets and setbacks. Roof lines shall be varied and roof elements (such as pitched roofs) shall be Page 14 of 23 Cibolo Crossing at Old Spanish Trail PD incorporated to enhance such residential appearance. Front building entries shall be pedestrian scaled with an entry element (such as building overhang, entry porch or other canopy). (D) Special Design Features: All buildings, other than garages, shall contain a minimum four (4) of the following themed design features, which shall be chosen by the Owner. The design features are as defined in Identifying American Architecture, by John Blumenson, 2nd Edition, Copyright 1981, W.W. Norton & Co.,N.Y. 1. Window Treatments: - Bow window - Bay window - Arched window - Gable window - Oval or round windows 2. Shutters (must be proportional to window size) 3. Arched entry, balcony or breezeway entrance 4. Wall Treatments: - Stone or brick accent wall - Decorative stone or brick band - Decorative tile 5. Veranda,terrace or enlarged porch 6. Projected wall or dormer 7. Decorative caps on chimneys 8. Shading Devices 9. Balcony 10. Enhanced Roof Treatment (E) Required Amenities: The Project shall have at least one amenity center on each tract developed for Residential Uses. Said development or construction costs shall be borne by the Developer. All maintenance costs shall be the responsibility of an on-site management company, homeowners association or a property owners association, as applicable, that owns and/or uses the amenity center. 1. The Developer shall use commercially reasonable efforts to employ adequate security for the project in an effort to retain the high quality and professional standards for the Project. 2. A mandatory property owners association, homeowners association or on-site management company shall be created for the ownership's administration and maintenance of the Residential Uses of the Project. Page 15 of 23 Cibolo Crossing at Old Spanish Trail PD (F) Building Orientation: The front building elevation shall be oriented to adjacent streets or Internal Circulation Routes to promote a coherent development pattern and streetscape along the edge of the development. The building shall address streets, drives and Internal Circulation Routes creating a pedestrian experience at a human scale. Individual buildings structures shall be harmoniously arranged to other structures. Building entry points shall be shared whenever feasible and be organized in a coherent pattern. 12. SITE DEVELOPMENT REGULATIONS 12.1 Calculating Site Development Regulations The development regulations set forth in this PD (including but not limited to such matters as permitted uses, building coverage, the floor-to-area ratio, height limits, parking, landscaping and required open space) shall be calculated on the cumulative gross land area. 12.2 Open Space Standards Open space is an essential element in the PD. No less than 10% of the property shall be devoted to landscaped open space elements. Qualifying open space includes plazas and other outdoor gathering areas (both hardscape and landscape areas), landscaped areas and lawns, planters and landscaped non-structured detention areas. 13. COMPATIBILITY STANDARDS Within the boundaries of the PD, the following compatibility standards are established as the only compatibility standards applicable to Commercial Use and other permitted uses. Compatibility standards shall not apply on a Residential Use to Residential Use basis, and shall not apply to any Commercial Use or civic use except as and to the extent set forth below. (A) Within the boundaries of the PD, a landscape buffer at least 10 feet wide shall be provided and maintained between areas developed for Residential Uses and areas that include the following Commercial Uses: commercial off-street parking, consumer repair services, food preparation, hotel-motel, indoor entertainment, off-site accessory parking, outdoor entertainment, and theater. Such landscape buffer shall be measured from the property line of the area developed for Residential Uses. (B) Within the boundaries of the PD, a landscape buffer at least 20 feet wide shall be provided and maintained between areas developed for Residential Uses and areas that include the following Commercial Uses: cocktail lounge, drive- through services, indoor sports and recreation and service station. Such landscape Page 16 of 23 Cibolo Crossing at Old Spanish Trail PD buffer shall be measured from the property line of the area developed for Residential Uses. (C) Building heights within 50 feet of the south Property boundary shall not exceed three(3) stories high. (D) A landscaped buffer complying with the planting requirements set forth in Chapter 17 B the Code will be located on the Property along the southern boundary of the PD for a minimum of twenty five (25') feet in width. 14. UTILITIES If approved by the City, common trenches, which provide safe separation distances, are allowed, or as provided by City standards. Except for electrical transmission lines and temporary overhead lines installed for temporary construction site offices, utilities shall be located underground. Newly constructed electrical, water, wastewater, telephone, natural gas, cable television and telecommunications utility lines constructed within the PD will be underground (excluding above-ground connections and associated utility facilities which are commonly constructed above-ground in conjunction with underground utility lines). Above ground utility facilities shall be located away from or screened from predominant public view,to the extent practicable. 15. PARKING REQUIREMENTS Off-street parking and loading requirements for development in the PD shall comply with Chapter 17 B of the Code, except as set forth below: (A) Parking lots shall provide designated pedestrian walkways of at least five (5) feet in width, at intervals of approximately 250 feet or less. These walkways shall have to the extent practical tree and/or periodic architectural cover to mitigate the harsh summer sun. (B) Depending upon the program of uses, surface parking lots are encouraged to be arranged in a series of smaller spaces. (C) Sustainable initiatives including vegetated islands, swales, ribbon curbs and pervious paving shall be considered to the extent practical to reduce storm water runoff impacts. (D) Paving materials and landscaping shall be used to reduce heat island effect. (E) A parking area with 15 parking spaces or less is not required to have landscaped islands,peninsulas or medians Page 17 of 23 Cibolo Crossing at Old Spanish Trail PD (F) All drive-thru banks, drug stores, restaurants and other similar commercial drive-thru uses shall provide a minimum of three (3) off-street stacking spaces. The drive-thru ordering point shall be screened and buffered from a Public Street. (G) The required parking for a use on a specific lot may be located anywhere on that specific lot. Shared parking will be permitted and will be addressed on a lot-by-lot basis with individual site plans. (H) Vehicular access easements from one lot to adjacent lots and for private driveways within a lot may be provided on the subdivision plat or by separate recorded instrument. Such access easements may be specifically defined or blanket access easements. (I) All driveways connections to Public Streets shall be designed to align with opposing driveways or be offset a minimum of one hundred twenty five (125) feet, measured from face of curb or edge of pavement to face of curb or edge of pavement. (J) Curbside parallel parking of 7.5 feet width and head-in parking of 18 feet depth are permitted along Public Streets and Internal Circulation Routes that serve buildings constructed for Retail Uses. (K) Plans for location, design and layout of all loading spaces shall be indicated on required site plans. 16. RIPPS-KRUESSLER STREET EXTENSION The Ripps-Kruessler street extension within the PD shall be designed and constructed as provided in Exhibit D, Ripps-Kruessler Street Extension Cross Section, or as otherwise approved by the Director. 17. OUTDOOR SALES, STORAGE AND DISPLAYS (A) Areas that are enclosed for security purposes and are generally in line with the primary façade of a building (e.g. outdoor home and garden sales area) shall not be considered "outdoor sales", "displays", or "open storage" for purposes of regulation under the Code or this PD. Such areas shall be incorporated into the architecture of the structure to the extent practicable. (B) Non-enclosed outdoor sales and displays are permitted within the Project, subject to the following: (i) such areas must be located in front of a store on a sidewalk area and/or under canopies, awnings or other overhangs; (ii) away from a building, including in a parking lot,provided that such use away from a building may not occur any more often than four (4) times in a year and may not continue for more than four (4) weeks on any one of such occurrences; and (iii) the Page 18 of 23 Cibolo Crossing at Old Spanish Trail PD permitted outdoor sales area may not impede traffic circulation. The site plan for any Commercial Use shall include the approximate locations of any outdoor display and/or storage areas. Unless otherwise approved by the Director, designated outdoor storage areas and service and off-street loading areas shall be located at least twenty five (25) feet from any Public Street, public sidewalk, Residential Use or public pedestrian pathway, except as required under the Americans with Disabilities Act or the Texas Accessibility Standards or as approved by the Director. 18. SCREENING OF SERVICE AND LOADING AREAS; EQUIPMENT All loading and service areas, truck docks, trash and recycling collection areas, and permanent outdoor storage areas shall be screened from view from adjacent Public Streets. Gas pumps, garage bays and service areas associated with auto oriented services, such as auto repair and gas stations, shall be screened from adjacent Public Streets and Internal Circulation Routes. Required screening shall be accomplished by any combination of screen walls, decorative fencing and landscape screen plantings that are compatible with the Project design. Screen wall materials shall be either clay fired brick, stone, concrete, Stucco or CMU, and shall be a color that is consistent or complimentary with the color of the primary building. Exposed conduit, ladders, utility boxes and drain spouts shall be painted and shall match the color of the building or be a complimentary accent color. Notwithstanding the foregoing, natural metal finishes are an acceptable. alternative to paint. Mechanical equipment mounted on roofs shall be screened by an appropriate building element such as a parapet wall, ornamental tower, or pitched roof to the extent that such mechanical equipment is not readily visible from any street level. location. The noise level of mechanical equipment on a lot within the PD which abuts a Residential Use or a Public Street may not exceed a constant level of 70 decibels at the property line of the lot on which the equipment is located. 19. SITE LIGHTING Site Lighting is divided into two components: General Lighting and Pedestrian Lighting. General Lighting refers to illumination of large portions of parking areas within areas developed for Commercial Uses, while Pedestrian Lighting refers to those areas along building fronts, plazas, outdoor dining areas, and areas where a smaller scale light is generally appropriate. Lighting shall not flash, blink, or move in any way. Lighting shall not produce direct off-site glare. Security lighting must be designed to avoid glare and shall be directed downward. Service area lighting must be screened to contain light within service areas. Lighting foot-candles should be less than one (1) foot-candle at the perimeter of the Project, excluding lighting required by and the City and/or State of Texas for streets and roads. Lighting foot-candles shall vary within the PD. 1. Fixture types used for General Lighting must be cut-off so that the source of the illumination is shielded from view to the maximum extent possible. Page 19 of 23 Cibolo Crossing at Old Spanish Trail PD 2. General Lighting fixtures will be mounted no higher than thirty (30) feet above the adjacent finished grade. 3. Pedestrian lighting shall enhance architectural character, nighttime visibility and pedestrian use of the development. 4. Light poles for Pedestrian Lighting shall not exceed sixteen (16) feet in height above grade with a semi-concealed or cutoff source and prevent illumination directly into the residences. 5. Pedestrian Lighting and General Lighting light color shall be consistent and at a brightness level to provide safety and security while adhering to established dark sky principles. 6. Further information regarding the fixture design, location and number of lighting fixtures will be provided at the site plan and site development permit phase. 7. Street lighting for Public Streets shall comply with Code. 20. FENCING. When fencing is constructed within the PD, it shall meet the following standards: (A) Street Yard Fencing: Fencing in street yards shall be constructed of wrought iron or similar material, masonry, composite or woodcrete. A street yard fence shall wrap around and extend a minimum of fifty feet (50') along side property lines. (B) Other Yards: Fencing in yards other than street yards shall be constructed of wood, woodcrete, masonry, composite or wrought iron. All fence posts shall be either masonry or rust resistant steel, or similar material set in concrete. Fence posts for Residential Uses may be constructed of vinyl. The finished side of all perimeter fencing shall face the outside of the development. (C) Fences are not required to be installed between rear and side yards of Residential Uses and internal streets within the PD, in order to facilitate connectivity within the PD. Except as otherwise described in the PD, fences are not required to be installed for land uses along any property line which abuts lower intensity uses. Fencing may be provided at the rear lot lines of attached Residential Uses where an attached residential use abuts a more intensive use. Page 20 of 23 Cibolo Crossing at Old Spanish Trail PD 21. SIGNAGE Except as specified in this Section or otherwise approved by the Director, signs within the PD shall comply with applicable provisions in the Code. Permitted sign categories include all sign categories permitted under the Code, the sign categories in Section 21 (B) below, and any additional sign categories approved by the Director. (A) Signage within the PD shall be consistent with the architectural character and themeing, including incorporating references to the theme of the Old Spanish Trail, while allowing for a variety of types, styles and treatments. All signs shall be compatible with the design of the buildings and be sized and scaled appropriate for the building and site. Traffic signs and directional signage shall be consistent in design within the PD. All signage shall address both the communications functions of a sign as well as its aesthetic integration with the overall design of the PD. All cabinets, transformers, ballasts, attachment devises and similar equipment must be concealed. All sign lighting shall be designed to cut-off direct light to any residential windows. Developer may submit to the City for review by the Director a sign program addressing the appearance, materials and other relevant information regarding Developer's proposed signage for some or all of the Project, and if such program is approved by the Director then Developer may construct the signage allowed by this PD that is consistent with that approved program, and such signage shall be deemed permitted under the Code. (B) The standards of on-premises signs within the PD shall be as set forth in the Sign Ordinance contained in the Code, except the following shall be permitted within the PD: (1) Project Identity Signs/Gateway Signs: Two (2) Project Identity Signs (herein so called), which serve as distinctive symbols for the PD as a whole and serve as a gateway for Cibolo and surrounding communities, are permitted in the PD along IH-35 and each sign may not exceed fifty (50) feet in height and a maximum of 250 square feet per side. Project Identity Signs shall have an iconic quality that sets forth an identifiable brand of the PD. Project Identity Signs may signify tenant directory information and also may include the logo or trademark of the Project. Project Identity Signs shall be ground mounted, however pylon extensions may be erected from the ground monumentation to achieve the sign's allowable overall height provided such extensions will include architectural enhancements consistent with the themeing of the Project. Administrative approval by the Director of a submitted Project Identity Sign shall not be unreasonably withheld, provided that the applicable sign complies with the standards set forth above. (2) Monument Signs: one ( 1 ) shopping center directory and/or business advertisement sign along Wiederstein Road and one (1) sign along Ripps-Kruessler street extension, each with a maximum height Page 21 of 23 Cibolo Crossing at Old Spanish Trail PD of sixteen feet (16 ') and having a maximum sign panel area of two hundred square feet(200 sf) per side. (3) Business Advertisement Signs: Business Advertisement Signs located 50 feet or farther from any Public Street may be located within the PD provided that said signs comply with visibility requirements set forth in Section VI of the Sign Code. Such signs must be ground mounted with a maximum height of eight (8) feet and a maximum of sixty-four (64) square feet in sign area. (4) Signs for Pad Site Users on 1-35 and Wiederstein Road: In addition to the signs permitted above, one (1) double-sided, single pole pylon sign or monument sign for each pad site user within the Property will be permitted. Such signs shall not exceed thirty-eight (38) feet in height and the sign panel area of each sign shall not exceed one hundred fifty (150) square feet per side. Such signs shall have a minimum ground clearance of at least eighteen(18) feet. (5) Sign Kiosks: Pedestrian sign kiosks, no greater than eight (8) feet in height, may be located in areas of the PD and must inform visitors of Cibolo or the surrounding area's history and special events, so as to encourage visitation to the Cibolo downtown area and other surrounding areas. 22. ALLOWABLE DEVELOPMENT INTENSITY The maximum allowable intensity of development within the PD shall be as follows: (a) the gross square feet of Commercial Uses shall be unlimited and (b) no more than 600 Residential Units shall be allowed within the Project; provided, however this limitation shall not apply to Residential Units located above ground floor Commercial Uses. 23. SUSTAINABLE SITE STRATEGIES Although not required, the environmental and green building standards contained in Exhibit H attached hereto are encouraged within the PD. Page 22 of 23 Cibolo Crossing at Old Spanish Trail PD LIST OF EXHIBITS 1. Exhibit A: Property Description(Metes & Bounds) 2. Exhibit B: Aerial Map 3. Exhibit C: PD Concept Plan 3. Exhibit D: Ripps-Kruessler Street Extension 5. Exhibit E: Native and Adapted Plant List 6. Exhibit F: List of Invasive Species 7. Exhibit G: Sustainable Project Strategies Page 23 of 23 Cibolo Crossing at Old Spanish Trail PD - . ers ENGINEERING SOLUTIONS 80 .480 'ACRES FN NO.50672-02-1 (3 , 505, 722 SQ. FT. ) DECEMBER 18, 2006 50672-02ti.DWG JOB NO. 50672-02 .92 FIELD NOTE DESCRIPTION OF A 80.480 ACRE TRACT OF LAND SITUATED IN THE JACOB DE CORDOVA SURVEY NO. 514, ABSTRACT NO. 117, AND JOHN SALADIN SURVEY NO. 404, ABSTRACT NO. 299, CITY OF CIBOLO, GUADALUPE COUNTY, TEXAS, AND BEING COMPRISED OF THE REMAINDER OF THAT CERTAIN 78. 79 ACRE TRACT OF LAND CONVEYED TO IRC JOINT VENTURE 35 NORTH, AND RECORDED IN VOLUME 654, PAGE 715, AND THAT CERTAIN SAME 35.906 ACRE TRACT OF LAND CONVEYED TO WILLIAM DEAN III (TRACT2) RECORDED IN VOLUME 654, PAGE 770, BOTH DOCUMENTS BEING RECORDED IN DEED RECORDS OF GUADALUPE COUNTY, TEXAS; SAID 80 .480 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING, AT A FOUND TEXAS DEPARTMENT OF TRANSPORTATION CONCRETE MONUMENT MARKING THE SOUTHERLY END OF A CUT BACK CORNER AT THE INTERSECTION OF THE SOUTHWESTERLY RIGHT OF WAY LINE OF WIEDERSTEIN ROAD WITH THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 35 (VARIABLE ROW) ; THENCE, N 84°56' 14 W, ALONG THE SAID CUT BACK LINE, A DISTANCE OF 61.37 FEET TO A FOUND CONCRETE MONUMENT ON THE SOUTHWESTERLY LINE OF WIEDERSTEIN ROAD, MARKING THE MOST NORTH-NORTHEASTERLY CORNER OF HEREIN DESCRIBED TRACT; THENCE, ALONG THE SOUTHWESTERLY LINE OF WIEDERSTEIN ROAD, THE FOLLOWING COURSES; S 31°11'24" E, A DISTANCE OF 99.94 FEET TO A FOUND TEXAS DEPARTMENT OF TRANSPORTATION CONCRETE MONUMENT; S 57°02'23"E, A DISTANCE OF 56.01 FEET TO A FOUND TEXAS DEPARTMENT OF TRANSPORTATION CONCRETE MONUMENT; S 31°12'45" E, A DISTANCE OF 966 .23 FEET TO A FOUND % INCH IRON ROD, MARKING THE EASTERLY CORNER OF HEREIN DESCRIBED TRACT, AND THE NORTHERLY CORNER OF LANTANA SUBDIVISION UNIT 3 AS RECORDED IN BOOK 6, PAGE 691 PLAT RECORDS OF GUADALUPE COUNTY, TEXAS; THENCE, ALONG THE WESTERLY LINE OF SAID LANTANA SUBDIVISION UNIT 3, AND THE WESTERLY LINE OF LANTANA SUBDIVISION UNIT 2 AS RECORDED IN BOOK 6, PAGE 640 PLAT RECORDS OF GUADALUPE COUNTY, TEXAS, THE FOLLOWING COURSES; S 06°40' 54" W, A DISTANCE OF 403 .48 FEET TO A FOUND % INCH IRON ROD, FOR A CORNER OF HEREIN DESCRIBED TRACT; S 08°42'24"W, A DISTANCE OF 376.84 FEET TO A SET 3z INCH IRON ROD WITH BPI CAP, FOR A CORNER OF HEREIN DESCRIBED TRACT; S 35°08'30" W, A DISTANCE OF 397 .72 FEET TO A FOUND 4 INCH IRON ROD, FOR A CORNER OF HEREIN DESCRIBED TRACT; S 43°49'39" W, A DISTANCE OF 397. 63 FEET TO A FOUND ' INCH IRON ROD, ON THE NORTHEASTERLY LINE OF THAT CERTAIN 160 ACRE TRACT CONVEYED TO EVELYN KRAMME RIPPS AS RECORDED IN VOLUME 261, PAGE 168 DEED RECORDS OF GUADALUPE COUNTY, TEXAS, FOR THE WESTERLY CORNER OF SAID LANTANA SUBDIVISION' UNIT 2; THENCE, N 30°01' 59 W, ALONG THE NORTHEASTERLY LINE OF SAID 160'. ACRE TRACT, A DISTANCE OF 21.71 FEET TO A FOUND 3z INCH IRON ROD FOR THE NORTHERLY CORNER OF SAID 160 ACRES, AND THE EASTERLY CORNER OF SAID ROBERT JOHN DEAN TRACT; THENCE, S 59°23' 51 W, ALONG THE COMMON LINE OF SAID 160 ACRE TRACT AND SAID ROBERT JOHN DEAN TRACT, A DISTANCE OF 982 .99 FEET TO A FOUND % INCH IRON ROD FOR THE SOUTHERLY CORNER OF SAID ROBERT JOHN DEAN TRACT, SAME BEING THE EASTERLY CORNER OF THAT CERTAIN 35.906 ACRE TRACT CONVEYED TO R.D.L. PROPERTIES AS RECORDED IN VOLUME 1258, PAGE 345 OFFICIAL RECORDS OF GUADALUPE COUNTY, TEXAS; THENCE, N 30°36'23 W, ALONG THE COMMON LINE OF SAID 35 .906 ACRE TRACT AND SAID ROBERT JOHN DEAN TRACT, A DISTANCE OF 1433 . 06 FEET TO A FOUND CONCRETE MONUMENT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 35 (VARIABLE ROW) , FOR THE WESTERLY CORNER OF SAID ROBERT JOHN DEAN TRACT; THENCE, ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 35 (VARIABLE ROW) , THE FOLLOWING COURSES; N 41°46'45" E, A DISTANCE OF 92 .93 FEET TO A CONCRETE MONUMENT FOR A CORNER OF HEREIN DESCRIBED TRACT; N 41°45'24" E, A DISTANCE OF 508.44 FEET TO A FOUND CONCRETE MONUMENT FOR A CORNER OF HEREIN DESCRIBED TRACT; N 44°19' 09 E, A DISTANCE OF 400.48 FEET TO A FOUND CONCRETE MONUMENT FOR A CORNER OF HEREIN DESCRIBED TRACT; N 46°40'46 E, A DISTANCE OF 23 .56 FEET TO A FOUND CONCRETE MONUMENT FOR A CORNER OF HEREIN DESCRIBED TRACT; N 46°30'19 E, A DISTANCE OF 862 . 08 FEET TO A FOUND CONCRETE MONUMENT FOR A CORNER OF HEREIN DESCRIBED TRACT; N 41°46'26 E, A DISTANCE OF 317.33 FEET TO THE POINT OF BEGINNING, AND CONTAINING 80.480 ACRES OF LAND, MORE OR LESS. I, JAMES W. RUSSELL, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. BURY & PARTNERS, INC. ide- ENGINEERS AND SURVEYORS ES W. RUSSELL 922 ISOM ROAD, SUITE #100 R.P.L.S #4230 SAN ANTONIO, TEXAS 78216 STATE OF TEXAS SOFT * Fp'YcP ,,J•AMES W. RUSSELL � �°.suck�r� 9 8 1 01'a e s uno sea uoi d!J3sa is odoa i i x !lei' slued 800Z'B I!dV �D p 8 '8 W) d } d - d i,q,u 3 14 s pip le 6u!ssoio oloq!0 m y ' LLy. ,x' i ry4 J ,044 '•'-'...ti:....'" r++ Y 4 { • Y Y 3 . , V4 . 4. '1 i • jjyy i , . z x • - 4•7 a ,, a• ;. ,--\ \ c J` rx 4 9E ON AYAIHD/H 3l KiStal.Nt i: • - -.7„/ , ., , , , ,,„,, „.. .. . tf • — .�...:..+. ir sk •. • , ,rll yi ... v _ ii i ♦ , 'p ' .. a i a Jr " bwr � �. a;. ' r • + s • ., ) w i.'� ,y : s,,i y r. . 1• .r` °R.„ '+* 'fib�° .4 s t x a ° � =r t � ,' � + � • � ^ if+' M: «wr.3-" i^ � i t `i+ l � i { '! ','.4.,„»,,,t '•. f .. . 1 :. e�* st i r t / * 1 41111 ite { } e , 5 44.4 5.* !hu^ aa:� - -if 4 i'''. • ±�4" p" , r Si I y Y ,. ',k .. 0 A t ^ # r y i Tei/ i r Cibolo Crossing at Old Spanish Trail Exhibit B -Aerial Map np April 8,2008 I + seta TBG . Area 1 41.1 Acres ` '"m`re_,..... gi �. �as IV -��� 4• a Pede Ian /// Co .or Lite.... Area 2 36.1 Acres Ingress/Egress point Detention Pond • (location subject to change) and Drainage •a• • Pedestrian Node e • • (location subject to change) - • -' GP 6e[o T B Minimum Number of Minimum Paving Right of Way Lanes Curb Basis 62'-64' 4 13' (2) 20' (Varies) 62' - 64' R.O.W. (Varies) 46'-48'(Varies) I 1 dl, i, ..,, , ifol., .., 11P, 1-411 idaili57' ��t Groundcover planting �<►.w41 ., , Ali% 11 ` � � f andJor pavers i !r y7,,- ----- �— i...,a ^EGYY;:xczi o•.1:._'L a"_sih:,ti,o.:NJ 110.4,--1.172 oAr:,: s..ris:....t%un.72::gt.:.:u5 j C� ! 5' i �I \i� f 1 l 5, Sidewalk _y 8'Planter Strip iI. 10.'Driving Lane 1 10'Driving Lane 16-8'Media J� 10'Driving Lane ! 10'Driving Lane .121'Planter Strip Sidewalk wt t varies)7 (width varies) E (width varies ' i Cibolo Crossing at Old Spanish Trail: "Exhibit D - Ripps Kruessle,r Street Extension. Design Speed 30 MPH' GP II I. April 15,2008: �ulp T B G EXHIBIT E CIBOLO CROSSING AT OLD SPANISH TRAIL NATIVE AND ADAPTED PLANT LIST Trees Ash, Texas Fraxinus texensis Oak, Southern Live Quercus virginiana Arizona Cypress Cupressus arizonica Oak,Escarpment Live Quercus Big Tooth Maple Acer grandidentatum fusilformis Brasil Condalia hookeri Oak,Lacey Quercus glaucoides Cherry,Black Prunus serotina Oak,Monterey (Mexican White) Chokeberry,Prunus virginiana Quercus polymorpha Cypress,Bald Taxodium distichum Oak, Shumard Quercus shumardii Cypress,Montezuma Taxodium Oak, Texas Red Quercus texana mucronatum (Quercus buckleyi) Elm,American Ulmus americana Pecan Carya illinoinensis Elm, Cedar Ulmus crassifolia Pines Pinus species Elm,Lacebark Ulmus parvifolia Sabal Palm Sabal mexicana Farkleberry Vaccinium arboreum Sweetgum Liquidambar styraciflua Hackberries Celtis species Southern Magnolia Magnolia Honey Mesquite Prosopis glandulosa grandiflora Junipers Juniperus species Texas Madrone Arbutus xalapensis Mesquite Prosopis glandulosa Walnuts Juglans species Mexican Elder Sambucus nigra Wild olive Cordia boissieri Oak,Bur Quercus macrocarpa Oak, Chinquapin Quercus muhlenbergii Small Trees/Large Shrubs Anacacho Orchid Tree Bauhinia Goldenball Leadtree Leucaena retusa congesta Holly,Possumhaw Rex decidua Anacua Ehretia anacua Holly, Yaupon Rex vomitoria Buckeye,Mexican Ungnadia speciosa Holly,American Rex opaca Buckeye,Rec Aesculus pavia Mountain Laurel,Texas Sophora Carolina Buckthorn Rhamnus secund flora caroliniana Persimmon, Texas Diospyros texana Cherry Laurel Prunus caroliniana Pistachio, Texas Pistacia texana Crape Myrtle Lagerstroemia indica Plum,Mexican Prunus mexicana Desert Willow Chilopsis linearis Pomegranate Punica granatum Dogwood,Roughleaf Cornus Redbud, Mexican Cercis canadensis drummondii `mexicana' Dogwood,Flowering Cornus florida Redbud,Texas Cercis canadensis var. Escarpment Black Cherry Prunus `texensis' serotina var. eximia Retama Jerusalem Thorn Parkinsonia Eve's Necklace Sophora affinis aculeata Cibolo Crossing at Old Spanish Trail 1 April 8,2008 Senna,Flowering Cassia corymbosa Sumac Rhus species Smoke Tree,American Cotinus Sycamore Platanus occidentalis obovatus Shrubs Abelia, Glossy Abelia grandiflora Nandina Nandina domestica `Compacta Agarita Berberis trifoliata nava' `Gulf Stream' Agave (Century Plant)Agave sp. Oleander Nerium oleander American Beautyberry Callicarpa Palmetto Sabal minor americana Prickly Pear Opuntia engelmannii var. Artemisia Artemisia `Powis Castle' lindheimeri Barbados Cherry Malpighia glabra Rose,Belinda's Dream Rosa 'Belinda's Barberry, Japanese Berberis thunbergii Dream' Atropurpurea' Rose,Lamarne Rosa 'Lamarne' Basket Grass(Sacahuista)Nolina texana Rose,Livin' Easy Rosa 'Livin'Easy' Black Dalea Dalea frutescens Rose,Marie Pavie Rosa Marie Pavie' Bush Germander Teucrium fruticans Rose,Martha Gonzales Rosa Martha Butterfly Bush Buddleia davidii Gonzales' Butterfly Bush, Wooly Buddleia Rose,Mutabilis Rosa Mutabilis' marrubiifolia Rose,Nearly Wild Rosa `Nearly Wild' Coralberry Symphoricarpos orbiculatus Rose, Old Blush Rosa 'Old Blush' Cotoneaster Cotoneaster sp. Rose,Perle d'or Rosa Perle d'or' Eleagnus Eleagnus pungens Rock Rose Pavonia lasiopetala Esperanza/Yellow Bells Tecoma stans Rosemary Rosmarinus officinalis Flame Acanthus Anisacanthus Sage,Mountain Salvia regla quadrifidus var. wrightii Sage, Texas(Cenizo)Leucophyllum Fragrant Mimosa Mimosa borealis frutescens Holly, Dwarf Yaupon Ilex vomitoria Senna,Lindheimer Cassia `Nana' lindheimeriana Jasmine,Primrose Jasminum mesnyi Southern Wax Myrtle Myrica cerifera Kidneywood Eysenhardtia texana Sumac, Evergreen Rhus virens Lantana,Native Lantana horrida Sumac, Fragrant(Aromatic)Rhus Lemon Thyme Thymus citriodorus aromatica Mistflower,Blue(Blue Boneset) Texas Sotol Dasylirion texanum Eupatorium coelestinum Turk's Cap Malvaviscus arboreus Mistflower,White(Shrubby White Yucca,Paleleaf Yucca pallida Boneset)Ageratina havanense Yucca,Red Hesperaloe parvora Mock Orange Philadelphus coronarius Yucca, softleaf Yucca recurvifolia Yucca, Twistleaf Yucca rupicola Cibolo Crossing at Old Spanish Trail 2 April 8,2008 Perennials Black-eyed Susan Rudbeckia hirta Lantana, Trailing Lantana montevidensis Bulbine B.frutescens or caulescens Marigold,Mexican Mint Tagetes lucida Bush Morning Glory Ipomoea fistulosa Obedient Plant,Fall Physostegia Butterfly Weed Asclepias tuberosa virginiana Buterfly Weed'Mexican'Asclepias Oregano,Mexican Poliomintha curassivica longiora Cast Iron Plant Aspidistra elation Penstemon Penstemon sp. Chile Pequin Capsicum annuum Phlox,Fragrant Phlox pilosa Cigar Plant Cuphea micropetala Pink Skullcap Scutellaria suffrutescens Columbine, Red Aquilegia canadensis Plumbago Plumbago auriculata Columbine, Yellow Aquilegia Poinciana,Red Bird of Paradise,Pride of chrysantha 'Texas Gold' Barbados Coreopsis Coreopsis lanceolata Caesalpinia pulcherrima Daisy,Blackfoot Melampodium Primrose,Missouri Oenothera leucanthum macrocarpa Daisy, Copper Canyon Tagetes lemmonii Purple Coneflower Echinacea purpurea Damiantia Crysactina mexicana Ruellia Ruellia brittoniana Fall Aster Aster oblongifolius Sage, Cedar Salvia roemeriana Fern,River Thelypteris kunthii Sage, Jerusalem Phlomis fruticosa Firebush Hamelia patens Sage,Majestic Salvia guaranitica Gaura Gaura lindeheimeri Sage,Mealy Blue Salvia farinacea Gayfeather Liatris mucronata Sage, Mexican Bush Salvia leucantha Gregg Dalea Dalea greggii Sage,Penstemon,Big Red Sage Salvia Hibiscus,Perennial Hibiscus penstemonoides moscheutos, Hibiscus coccineus Sage,Russian Perovaskia atriciplifolia Honeysuckle,Mexican Justicia Sage, Scarlet or'Tropical'Salvia spicigera coccinea Hymenoxys (Four Nerve Daisy) Salvia, Gregg(Cherry Sage)Salvia Tetraneuris scaposa greggii Indigo Spires Salvia 'Indigo Spires' Shrimp Plant Justicia brandegeana Iris,Bearded Iris albicans Texas Betony Stachys coccinea Iris,Butterfly/Bicolor(African)Dietes Verbena,Prairie Verbena bipinnatifida sp. Yarrow Achillea millefolium Lamb's Ear Stachys byzantina Zexmenia Wedelia texana Lantana Lantana x hybrida (many varieties) Cibolo Crossing at Old Spanish Trail 3 April 8,2008 Ornamental Grasses Bluestem,Big Andropogon gerardii Mexican Feathergrass (Wiregrass)Stipa Bluestem,Bushy Andropogon tenuissima glomeratus Muhly, Bamboo Muhlenbergia dumosa Bluestem,Little Schizachyrium Muhly,Big Muhlenbergia lindheimeri scoparium Muhly,Deer Muhlenbergia rigens Fountain Grass,Dwarf Pennisetum Muhly, Gulf Muhlenbergia capillaris alopecuroides Muhly, Seep Muhlenbergia reverchonii Indian Grass Sorghasturm nutans Sideoats Grama Bouteloua curtipendula Inland Sea Oats Chasmanthium Wild Rye Elymus canadensis latifolium Vines Asian Jasmine Trachelospermum Honeysuckle, Coral Lonicera asiaticum sempervirens Carolina Jessamine Gelsemium Lady Banksia Rose Rosa banksiae sempervirens Passion Vine Passora incarnata Coral Vine Antigonon leptopus Trumpet Vine Campsis radicans Crossvine Bignonia capreolata Virginia Creeper Parthenocissus Fig Vine Ficus pumila quinquefolia Groundcover Aztec Grass Ophiopogon japonicus Purple Heart Secreasea pallida Frogfruit Phyla incisa Santolina(Lavender Cotton)Santolina Horseherb Calyptocarpus vialis chamaecyparissus Leadwort Plumbago Ceratostigma Sedge,Berkeley Carex tumulicola plumbaginoides Sedge, Meadow Carex perdentata Liriope Liriope muscari Sedge, Texas Carex texensis Monkey Grass(Mondo Grass) Sedum(Stonedrop)Sedum nuttallianum Ophiopogon japonicus Silver Ponyfoot Dichondra argentea Oregano Origanum vulgare Wooly Stemodia Stemodia lanata Periwinkle,Littleleaf Vinca minor (Stemodia tomentosa) Pigeonberry Rivina humilis Turf Grasses Bermuda 'Tif419, 'Sahara', 'Baby', Zoysia,Fine Leaf 'Matrella, 'Emerald', 'Common' 'Zorro' Buffalo '609', 'Stampede', 'Prairie' Zoysia, Coarse Leaf 'Japonica', 'Jamur', 'El Toro', 'Palis Cibolo Crossing at Old Spanish Trail 4 April 8,2008 EXHIBIT F CIBOLO CROSSING AT OLD SPANISH TRAIL LIST OF INVASIVE SPECIES PLANTS TO AVOID INVASIVES PROBLEM TREES AND SHRUBS (Plants that are non-native to the Central (Typically fast-growing,highly Texas ecosystem and tend to out- adaptable, but often have weak wood compete native species) and are short-lived. Most are susceptible to insect and disease problems.) Do Not Plant • Arizona Ash (Travel by seeds,berries, and spores so • Azalea(not adapted to Central can be transported long distances. They Texas soils) have already invaded preserves and • Boxelder greenbelts): • Camellia • Arizona Ash • Chinaberry • Chinaberry • Chinese Privet • Chinese Pistache • Chinese Tallow • Chinese Tallow • Cottonwood • Chinese Privet • Ligustrum • Elephant Ear • Lombardy Poplar • Holly Fern • Mimosa • Japanese Honeysuckle • Mulberry,Paper • Ligustrum, Wax Leaf • Photinia, Chinese • Mimosa • Siberian Elm • Mulberry,Paper • Silver Maple • Nandina(large, berrying • Sweetgum varieties) • Sycamore • Photinia, Chinese • Tree of Heaven • Pyracantha • Tamarisk • Tree of Heaven Do Not Plant Near Parks/Preserves/Greenbelts (travel by runners,rhizomes,and stems so only invade neighboring areas): • Bamboo • English Ivy • Vinca(Periwinkle) Cibolo Crossing at Old Spanish Trail April 8,2008 EXHIBIT G Sustainable Project Strategies Landscaping and site design to conserve water, filter run-off water and promote native plant life: Provide customers with education materials provided by Grow Green and similar organizations regarding the use of environmentally sensitive fertilizers,native plants, etc. Use of environment-friendly products: When termaticide is used, use an EPA-registered termiticide in a soluble or emulsible, concentrated form that dilutes with water or foaming agent- applied in as per the product's EPA-Register Label, in a manner that does not pose environmental risks; Fertilizer not more than the equivalent of 60 pounds of nitrogen per acre per year will be applied, except where greater plan nitrogen uptake is demonstrated; Avoid leach pollutants such as creosote treated railroad ties; No coal tar based sealants used; Development and implementation of progressive Integrated Pest Management Plan(IPM) that will call for the use of chemicals as a last resort in the progression and for the least toxic chemicals approved for use. The IPM should address construction and post- construction chemical use. Use of pervious paving materials Standards and Practices: Implementation of any energy and green building programs offered through the State of Texas and City Public Service. Green building materials (http://www.greenbuilder.com/Sourcebook//) i. Resource Efficiency can be accomplished by utilizing materials that meet the following criteria: • Recycled Content: Products with identifiable recycled content, including postindustrial content with a preference for postconsumer content. • Natural,plentiful or renewable: Materials harvested from sustainably managed sources and preferably have an independent certification(e.g., certified wood)and are certified by an independent third party. • Resource efficient manufacturing process: Products manufactured with resource-efficient processes including reducing energy consumption,minimizing waste(recycled, recyclable and or source reduced product packaging), and reducing greenhouse gases. • Locally available: Building materials, components, and systems found locally or regionally saving energy and resources in transportation to the project site. • Salvaged, refurbished,or remanufactured: Includes saving a material from disposal and renovating, repairing,restoring, or generally improving the appearance,performance, quality, functionality, or value of a product. • Reusable or recyclable:Select materials that can be easily dismantled and reused or recycled at the end of their useful life. • Recycled or recyclable product packaging:Products enclosed in recycled contentor recyclable packaging. • Durable:Materials that are longer lasting or are comparable to conventional products with long life expectancies. ii. Indoor Air Quality(IAQ) is enhanced by utilizing materials that meet the following criteria: • Low or non-toxic:Materials that emit few or no carcinogens,reproductive toxicants, or irritants as demonstrated by the manufacturer through appropriate testing. • Minimal chemical emissions: Products that have minimal emissions of Volatile Organic Compounds (VOCs). Products that also maximize resource and energy efficiency while reducing chemical emissions. • Low-VOC assembly:Materials installed with minimal VOC-producing compounds, or no-VOC mechanical attachment methods and minimal hazards. • Moisture resistant:Products and systems that resist moisture or inhibit the growth of biological contaminants in buildings. • Healthfully maintained: Materials, components, and systems that require only simple, non-toxic, or low-VOC methods of cleaning. • Systems or equipment: Products that promote healthy IAQ by identifying indoor air pollutants or enhancing the air quality. iii. Energy Efficiency can be maximized by utilizing materials and systems that meet the following criteria: • Materials, components, and systems that help reduce energy consumption in buildings and facilities. (See Green Building Basics for more information.) iv. Water Conservation can be obtained by utilizing materials and systems that meet the following criteria: • Products and systems that help reduce water consumption in buildings and conserve water in landscaped areas. (See Green Building Basics for more information.) v. Affordability can be considered when building product life- cycle costs are comparable to conventional materials or as a whole, are within a project-defined percentage of the overall budget. (See Environmental and Economic Assessment Tools for links to resources.) b. Green building standards &practices. US Green Building Council(https://www.usgbc.org)