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Ord 1332 04/27/2021 Atch 2 ARTICLE 3. PROCEDURES AND APPLICATIONS Section 3.1 Purpose and Intent The purpose of this Article is to establish application procedures, internal review procedures, public notice and hearing procedures, and review criteria for the processing of applications and actions that affect the development and use of.property subject to the jurisdiction of the City. Section 3.2 Initiation of Application A. Application Submittal All development applications.to be considered by any advisory body or by,the City Council shall be initiated by the filing of the application by the owner of the property on which the permit is applicable or by the owner's designated agent. In the event an application is submitted by a designated agent,the application must be accompanied by a written statement, signed by the owner, authorizing the agent to file the application on the owner's behalf. B. Determination of Application Completeness 1. All development applications shall be subject to a determination of completeness by the director of the appropriate City Department. 2. No application shall be deemed complete and accepted for processing unless it is accompanied by all documents required by and prepared in accordance with therequirements of this:UDC. For a determination of completeness to be issued, an application must include the following: a. Payment of the appropriate fee; b. An accurate mete and bounds description of the subject property (or other suitable legal description, identifying the property as a lot of record); c. A survey exhibit and other appropriate exhibits as identified in this Article.for the individual permit; and d. Any additional documents, forms or other materials required by the City Manager or designee or identified in this UDC for the processing of a specific development application. 3. The City may from time to time identify additional requirements for a complete application that are not contained within but are consistent with the application contents and standards set forth in this UDC (i.e. TCEQ or TxDoT Permit approvals). 4. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this UDC. C. Application Withdrawal Any request for withdrawal of an application must be submitted in writing to the-director of the appropriate City department. If notification is required for the application and has been properly given via publication in the newspaper and/or written notification to surrounding property owners;.such application must be placed on the agenda. The staff representative shall notify the advisory body or the City Council of the request for withdrawal. The advisory body or the City Council may, at its discretion, accept:the request for withdrawal of the application by general consent of the members. Application fees are not refundable unless reimbursement is otherwise authorized by the director of the appropriate City department. Section 3.3 Notice Requirements A. Published Notice Whenever published notice of a public hearing before an advisory body or City Council is required, the City Secretary or designee shall cause notice to be published in an official newspaper or a newspaper of general circulation in the City.MM before theifteent T (1E§th)day before the date of the required hearing. Said notice shall set forth the date, time, place and purpose of the hearing. B. Written Notice Whenever written.notice of a public hearing before an advisory body or the City Council is required, before.the =(loth)day before the hearing date,the City Secretary or designee shall cause written notice to be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the exterior boundary of the property in question. Said notice shall set forth the date, time, place and purpose of the hearing. The notice may_be served by its deposit, properly addressed with'postage paid, in the United States mail. If the property within 200 feet of-the property in question is located in territory within the City and is not included on the most recently,approved.municipal tax roll, notice to such owners shall be given by one(1) publication in an official newspaper or a newspaper of general circulation in the municipality at least fifteen (15),days before the date of the hearing. Failure of owners to receive notice of'hearing shall in no way affect.the validity:of the action taken. Section 3.4 Public Hearings A. Public Hearing Required When a public hearing is required, the City Secretary.or designee shall establish the date, time and place: of the public hearing and shall cause any notice required by this UDC and the Texas Local Government Code. .B. Conduct of Hearing Any person may appear at.the public hearing and submit evidence, either individually or as a representative of.an organization. Each person who appears at a public hearing'shall state their name, address, and if appearing on behalf of an organization, state the name and mailing address of the organization for the record. Subject to,the chairperson's inherent authority to conduct meetings, public hearings shall generally be conducted as follows 1. The. City staff may present a description of the proposed project and a written or oral recommendation. Any written recommendation shall be available to the public at the time that the agenda packet for the body conducting the hearing is compiled. 2. The applicant may present any information it deems appropriate. 3. Testimony in :support of the application maybe presented by any individual who expresses an interest in the proposed project. 4.: Testimony in opposition to the application may be presented.by any individual who expresses an interest in the proposed project. 5. At the discretion of the chairperson, the City staff and the applicant may respond to any statement by the public. 6. The body conducting the hearing may exclude testimony or.evidence that it finds to be irrelevant, immaterial or unduly repetitious. - 7. At.the discretion of the-chairperson of the body conducting the-hearing,, an individual may be permitted to pose relevant questions to staff, the applicant or the body conducting the hearing. 8. The public hearing shall be closed. 9. The advisory body shall make a recommendation. 10. A written report with its recommendations to the City Council shall-be prepared. C. Continuance of Hearing The body conducting.the hearing may, on its own motion or at the request of any person, for good cause, continue the hearing to a fixed date, time and place. Except as required by the Texas Open Meetings Act, or any:other applicable law, additional notice shall not be required if a hearing is continued. Once a public hearing is closed, no further public testimony shall be taken. D. Additional Rules The body conducting the hearing may adopt additional rules of procedure, or by-laws, and apply such rules to govern the public hearing. If by-laws are not adopted, Robert's Rules of.Order will govern the.conduct of all meetings and hearings. E. Joint Public Hearing Unless otherwise:prescribed in this UDC, whenever an application must be preceded by a public hearing both before an advisory-body and, before the City Council, the advisory body and the Council may conduct a joint public hearing and take action on the application in the following manner. 1.... The City.Council shall establish the date of the joint public hearing by motion at a regular or special meeting. 2. The City Council shall cause notice of the joint public hearing to be provided as required by this UDC and the Texas.Open Meetings Act and, by a vote of two-thirds of its members, may prescribe the type of notice for the joint public hearing. 3. The advisory body and the City Council shall be convened for the hearing and for any action to be taken on the petition or application. 4. The advisory body and.the City Council may,act on the application at the same meeting, provided that the City Council shall not act until the written report and recommendation of the advisory body has been received. . Section 3.5 Post-Decision Procedures A. Notification Required.. Within ten (10) business days following final action on-any development application, the appropriate City Department shall provide written notification to the applicant of the decision. If an application has been denied, the notification should include the reasons for denial as well as any information relating to reapplication procedures for the appropriate application. B. Reapplication Following Denial Whenever any development application,with the exception of any.plat application, is denied,a development: application.for all or a.part of the same property shall not be accepted for filing for a period of six(6) months- after the date of denial unless the subsequent application involves a proposal that-is substantially different from the previously denied proposal. For the. purpose of this section, a request may be considered substantially different if the change is to a different zoning classification, there is a change in conditions .relating to zoning principles of the property or surrounding properties or there is a change in the nature of the development of the property or surrounding properties.The City Manager or designee shall resolve any questions concerning the similarity of.the reapplication. The final decision-maker may, at its option, waive the six(6) month waiting period if, after due consideration'of the matter at a scheduled and posted meeting, it is determined that denial of the request was based upon erroneous or omitted information, or if substantial. new information pertaining to the request is discovered. C. Amendments and Revisions to Approved Application Unless otherwise expressly provided by this UDC, any request to amend or revise an approved development application shall be considered a new application, which must be decided in.accordance with the procedures governing at the time such new application is filed with the City. Section 3.6 Comprehensive Master Plan Amendment A. Applicability The City Council may, from time to time, on its own motion, by request of the City-staff, or by application from a property owner, may,amend, supplement, change, modify or repeal the,text of the Comprehensive Master Plan or may amend the boundaries shown on the Future Land Use Map, Master Thoroughfare Plan or any other applicable maps contained in the Comprehensive MasterPlan. B. Application Requirements . 1. .Application Required Any request for an amendment to the Comprehensive Master Plan shall be accompanied by a completed Planning and:Engineering Services Department Development Application. 2. : Accompanying Applications. Any request.for amendment of the: Future Land Use Map submitted by a property owner may be. accompanied by an.application for a zoning change consistent with requested Future Land.Use Map amendment for land within the City Limits. C. Processing of Application and Decision 1. Submittal An application for an amendment to the Comprehensive Master Plan shall be submitted to the Planning and Engineering Services Department with the appropriate application fees.The City shall review .the application for completeness in accordance with this UDC. The City Manager or designee may; at its option, request a recommendation from any other City Department or. consultant. The City Manager or designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After.appropriate review, the City Manager or designee shall forward a written recommendation to the Planning and Zoning Commission for consideration. 2. Commission Recommendation The: Planning and Zoning Commission shall hold a ublic hearin consider the proposed amendment.and make a written recommendation regarding :a proposed amendment to the Comprehensive Master Plan to the City Council. 3. Decision by City'Council The City Council shall oltl a ublic hearin receive the written recommendation of the Planning and Zoning Commission regarding a proposed amendment and act on the request. D. Criteria for Approval In considering an amendment to the Comprehensive Master Plan, the following criteria should be considered: 1. The proposed amendment promotes the Health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City; 2. An amendment to the text is consistent with other policies of the Comprehensive Master Plan, taking into account the nature of any proposed map amendment associated with the text amendment; 3. An amendment to the Future Land Use Map, Master Thoroughfare Plan or any other applicable maps contained in: the Comprehensive Master Plan is consistent with the policies of the Comprehensive Master Plan that apply to the map being amended, taking into account the-nature of any proposed land use associated with the map amendment; 4. Any proposed amendment is consistent with the goals and objectives of the Comprehensive Master Plan; 5. Any proposed amendment addresses circumstahces that.have changed since the last time the plan map or text was considered, implements plan policies better than the current plan map or text corrects a mapping error or addresses a deficiency in the plan; and 6. Section 3.7 Unified Development Code Amendments A. Applicability The provisions of this section apply to any request for an amendment to the UDC, apart from zoning and subdivision regulations,The City Council may, from time to time, on its own motion, or.at the request of the City staff, amend, supplement, change, modify or repeal the text of any portion of this UDC .in order to establish and maintain sound, stable and desirable development within the jurisdiction of the City. The provisions of this section shall exclude amendments to any appendix adopted as a part of this UDC, or by reference, which may only be amended by general consent of City Council. B. Application Requirements Requests for amendments to the text of this UDC may be initiated by the request of the Planning and Zoning Commission, the City Council or the City Manager. . C. Processing of Application and Decision 1. Submittal An application for an amendment to the text of this UDC shall.be submitted to the:City Manager or designee. The City Manager or designee shall review the application and may direct the.proposed amendment to any other City Departments or consultant for review and recommendation. After appropriate review, thel City Manager or designee shall forward a recommendation to the Planning and Zoning Commission for consideration. 2. Commission Recommendation The Planning and Zoning Commission shall. hold a public hearing and make a written recommendation regarding a proposed amendment to the text of this UDC to the City Council. 3. Decision by City Council The City Council shall receive the written recommendation of the Planning and Zoning Commission regarding a proposed amendment to the text of this UDC and shall hold a public hearing and act on the request. D. Criteria for Approval The following criteria should be considered in consideration of a proposed amendment to this UDC: 1. The proposed amendment promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City; 2.:: An amendment to the text is consistent with other policies of this UDC and the City; 3. Any proposed amendment is consistent with the goals and objectives of this UDC,and the City; and 4. Other criteria which, at the discretion of the Planning and:Zoning Commission and the City Council, are deemed relevant and important in the consideration of the amendment. E. Non-Substantive Amendments Notwithstanding the other provisions of this section, the City Council may by resolution correct spelling or punctuation errors, cross-reference errors, and:other matters herein determined by the City Attorney to be non-substantive without complying with the-foregoing.provisions of=this section. The number of any such, resolution shall be noted on the.cover of this UDC. Section 3.8 Annexation A. Applicability Annexation maybe voluntary or involuntary and shall be required to meet all.requirements of the.Texas Local Government Code (TLGC).for each type of annexation. The provisions of this section apply to any request for voluntary annexation by a property owner wishing to extend the corporate limits of the City to incorporate property adjacent to the City's existing municipal boundaries. B. Application Requirements 1. Application Required A request for annexation shall be accompanied by an application. 2. .Accompanying Applications Any,request for annexation shall be accompanied by an application to establish the initial zoning, on the property. An application to.establish the zoning-may be considered at the same meeting as the annexation request so long as the ordinance providing for annexation is acted_on prior to any action on the zoning request. In the.event that an application for..annexation is considered concurrently with the application for zoning, the Planning=and Zoning Commission may consider, the zoning request and.provide a written recommendation to the City Council so long.as the City. Council has adopted the annexation ordinance. 3. Processing of Application and Decision a) Submittal An application for annexation shall be submitted to the City Manager or.designee. The City Manager or designee shall review.the application for completeness in accordance with this UDC -and the Texas Local Government Code. The City Manager or.designee may, at its option, request a recommendation from any.other City Department or consultant. The City Manager or designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or designee shall forward a written recommendation to the City Council for consideration. b) Compliance With TLGC an City Charter A request for annexation is subject to all applicable rules and procedures required by State Law: In the event of a conflict between the requirements of this UDC and State law, the requirements of State law shall apply. It is the expressed policy of the City Council to not annex properties that would need to be included: in a 3-Year Annexation Plan, as defined in TLGC Section 43.052 (Subchapter C). By virtue of this policy, the Annexation Plan :requirements of TLGC Section 43.052: (Subchapter C) are not applicable because the City has not specifically identified any annexation(s)where the provisions of TLGC 43.053 (Chapter C)would be applicable. D. Criteria for Approval When considering a request for voluntary annexation,the City Council should consider:the following criteria: 1. . The application is:consistent with the requirements of State law and this UDC; 2. The annexation 'promotes the health, safety, or general_welfare of the City and-the safe, orderly, efficient and healthful development of the City; 3. .The property owners'and residents of the areaconsent to the annexation; 4. - The application includes a service plan as required by TLGC,. 5. The annexation is consistent with the goals and objectives of the Comprehensive Master.Plan; and 6. Other criteria which, at the discretion of the City Council,are deemed relevant and important. Section 3.9 Development Agreements A. Applicability The purpose of.a Development Agreement is to.determine whether.the City wishes to authorize a plan of development for land located within its ETJ, to prescribeland uses,environmental standards, development, standards.and public facilities standards governing development of the land for the term of the agreement, to provide for the delivery of,public facilities to the property and to provide for annexation of the property to the City. A Development Agreement may be approved for land located in the ETJ of the City. & Application Requirements 1. Application Required When applicable, an application for a Development.Agreement shall be accompanied by .a. development application and any-required application fees. -2. Accompanying Applications An application for a Development Agreement shall be accompanied by a Preliminary Plat prepared in accordance with.this UDC. Approval of a Preliminary Plat.as part of a Development Agreement shall-meet the requirements for Preliminary Plat approval specified in this UDC. C. Processing of Application and Decision -1. Submittal An application for a Development Agreement shall be submitted to the City,which shall review the application for completeness,in compliance with the requirements of this UDC. 2. Preparation and Negotiation ofbevelopmentAgreement An application for a:Development Agreement shall be prepared in accordance with the TLGC.After review by the City staff, the application and accompanying plans shall be transmitted tothe office: - of.the City Attorney for,review. After appropriate review, a recommendation.shall be forwarded to: the Planning and Engineering Department for negotiations on.recommendations. 3. Final Approval Upon the completion of negotiations of a development agreement, the development agreement shall-be submitted to the City Council for approval. Section 3:10 Extensions of Water and Sewer Mains A. Applicability in the City of Cibolo.Extra-Territorial Jurisdiction (ETJ) 1. Application Required. When a property owner requests the extension o connection t water or wastewater services from the City into the Cibolo. ETJ for the purpose.of providing utilities to a development project, said. request shall only be considered by the City in conjunction with a development application an concurrent request for voluntary annexation into the City.::Development applications must be prepared in accordance with all requirements of this UDC = :must be consistent'with the capacity of the facilities proposed:#o be extended. Upon approval;of the development applications, construction of utility facilities.shall be completed in accordance with the terms of the approved utility service extension request an• this UDC. 2. Decision by City Council. In considering the concurrent requests for a service extension connectio and voluntary etition fo annexation, the City may, at its MM option, elect to annex the property upon request or;delay the annexation until such time the City deems necessary-to promote the health, safety or general welfare of the City and the safe, orderly, efficient and healthful development of the City. B. Applicability in the City of Cibolo 1. Application Required Any applicationfor Utility Service Extension shall be accompanied by a Development Application,. as may be applicable. 2. Accompanying Applications - An..application for Utility Service Extension connectio may be accompanied by a :concurrent application for a Preliminary Plat or site plan, in accordance with this UDC. A plat or'site plan may not be approved until final approval of the Utility Service Extension by the City Council. 3. Processing of Application and Decision a) Submittal A request for Utility Service Extension connectio shall be submitted to.the City Engineer.The City Engineer shall review the application for completeness in accordance with all requirements L7this UDC. b) Review and Processing of Request The.City Engineer shall circulate the application among applicable:City Departments for review and recommendation, The City Engineer shall evaluate the request for consistency with the approval criteria and shall prepare a written recommendation to be forwarded. to the City. Council. The recommendation should include any comments received from other departments including, but not limited to, an analysis of the financial feasibility of extending services and any fiscal impacts on existing utilities from the extension. c) Decision by City Council The City Council shall receive the written recommendation of the City,Engineer and shall decide whether to approve, approve with conditions, or deny the request for Utility Service Extension Connecfiio 4. Criteria for Approval The City Council, in considering final;action on a request for Utility Service Extension Connecfiio - should consider the following criteria: . a) The proposed development to be served is consistent with the Comprehensive Master Plan; b) The proposed extension must be constructed in accordance with all applicable City requirements; c) Would the utility extension connectio compromise the ability of the City to provide adequate and timely water or wastewater facilities to property inside the City; d)- Would a utility extension connectio result.in premature development that cannot be served efficiently by the City; e) ,Would the utility extension connectio be financially feasible given the proposed, means of financing the extension; f) Would a utility extension connection lead to significant degradation of water quality.or other environmental resources, either-from construction of the water or wastewater improvements, development of the property owner's land, or development of other land that maybe served through the extended facilities; g) Does the property owner propose to extend non-City utilities-to serve the property; and . h) Would the proposed agreement promote the health, safety or general welfare of the City and the safe, orderly,efficient and healthful development of the City; 5. Required Extensions a) All developments,shall be required to;extend water and sanitary sewer mains;across the full width of the development, as.defined by the plat:or lot of record or the site plan in which development is proposed, in such an alignment to allow for,the extension of services to adjoining properties in accordance with the utility service plans of the city and the Cibolo Design and Construction Manual. b) Properties with existing water and/or sanitary sewer service shall not be required to install additional facilities unless the existing lines do not have adequate capacity to serve the proposed development or unless the existing lines do not have adequate capacity to serve the zoning of a property that was rezoned to accommodate higher intensity uses after the original installation of a water or sewer line. In either instance,the developer shall be required to provide additional water and/or sewer capacity necessary to meet the requirements of this UDC and the Cibolo Design and Construction Manual. 6. Cost Policies to New Subdivisions an New Development a) Development Main and Facilities Developers, including individuals and subdividers, shall be responsible for actual cost of all water and sewer main extensions, lift stations or other necessary facilities required to serve their development in accordance with the Cibolo Capital Improvements.Program and Cibolo Design and Construction Manual. b) Oversized Mains The City shall participate in the oversizing of water and sewer mains subject to the availability of funds and approval by City Council. Oversized mains are defined as water mains and sanitary sewer mains that are required by the City for the future expansion of the utility system, but which additional capacity is not required for the proposed development project. c) Authority to Extend Utilities The City Manager ma approve an extension of existing city water and sanitary sewer facilities if the extension is EM less than 600 feet,,provided that funds are available and that the said extension addresses long term goals.of the City to expand its utility service facilities and network. Service extensions longer than 600 feet shall only be permitted upon the approval of City Council. d) Request to Connect to City Utilities Required It shall be the policy of the City Council to require that all developments located within the City request City water and sanitary sewer service. If a development is in the CCN boundaries of another utility purveyor, the applicant shall invoke applicable state statutes, as amended, and formally request that the City provide utility service(s): The City shall determine, upon receiving a formal request in writing or by a plat submittal, if the City can provide the requested utility service(s) to the development. e) Compliance with Fire-and Building Codes Required It shall be the policy of the City Council to require all utility purveyors providing utility service within the City to comply with all applicable City Fire and Building Codes, as amended, by the date in which a service.connection is requested. If a utility provider cannot supply utility services in accordance with the,City Fire and Building Codes, as amended, on the date in which said utility service is requested, the City reserves the right to provide said utility service if the City has the,ability to provide said service in accordance with the City Fire and Building Codes, as amended. _- Section 3.11 Development Application Appeals A. Purpose . The purpose of an appeal is to contest an initial decision on a Development Application other than-zoning based upon alleged misapplication of the.regulations contained within this UDC and the criteria for approval of the Development Application. An appeal may not be used to amend, vary or otherwise modify the . standards of this UDC that apply:to the Development Application. Any decision on a Development Application required by this UDC may be appealed to the Board, Commission or the City Council indicated. --within the procedures for each Development Application.The granting of an appeal supersedes the decision =from which the appeal was taken and results in approval, conditional approval or denial of the Development Application for which the approval'was sought. B. Appeal Requirements Anyperson or persons aggrieved byany decision on a Development Application other than zoning may appeal a decision on a Development Application to the advisory body or the City. Council responsible for consideration of the appeal as indicated in this UDC. An appeal shall contain a written statement of the reasons why the decision is erroneous and shall be accompanied by a fee established by the City Council. An appeal by an applicant shall bb.accompanied by a copy of the.Development Application on which the initial decision was rendered. An appeal may include any other documents that support the position of the. appellant.Awritten appeal must be.filed with the City Manager or designee within ten(10) usines days after the date of notification of the decision on the Development Application. C. Processing of Appeal and Decision 1. Submittal An appeal shall be submitted to the City Manager or designee for processing of the Development Application being appealed. Upon receipt of a written appeal, the City Manager or designee,shall compile all documents constituting the record'of the decision subject to appeal and transmit the record to the Board, Commission or the City Council responsible for considering the appeal. 2. Stay of Proceedings Receipt of a written appeal of a decision on a Development Application stays all proceedings of the City in furtherance of the decision from:which appeal is taken, including without limitation acceptance, processing or issuance of any-subsequent Development Applications; and any development activities authorized byinitial approval of the Development Application.The stay shall be lifted only if the City Manager or designee certifies in writing to the advisory body or the City Council responsible for consideration of the,appeal that a stay would cause imminent peril to life.or property..Thereafter, the stay may be reinstated only by order of the advisory body or the City Council responsible for consideration of the appeal or a court of record, on application, after notice to the City Manager or designee, for due cause shown. 3. Notification Requirements Legal Notice of an appeal shall be required only in those instances where Legal Notice was required by the TLGC as a requirement of the original application for which the appeal is being requested. 4. Decision on Appeal The advisory body or,the City Council responsible for consideration of the appeal shall.hold a public hearing and decide the appeal within thirty (30) days after written receipt of-the,request for the appeal. The advisory body or the City Council .responsible for consideration of the appeal shall affirm, reverse or modify the decision from which the appeal was taken: 5. Notification of Decision on Appeal The property owner and the applicant for the Development Application under appeal shall be notified of the decision on the appeal in accordance with this UDC. D. Criteria for Approval In deciding the appeal,_the body responsible to consider the appeal shall-apply the.same criteria that govern the initial decision on the Development Application under the provisions of this UDC. E. Expiration and Extension 1. For purposes of determining expiration or extension periods under this UDC,the date in which the . body consideringthe appeal.grants relief is the date on.which the: Development Application is - deemed to be approved. 2. Once:relief is granted, a new Development Application or permit application shall be submitted . within 180 days of the date of such approval or the appeal shall become null and void. 3. When applicable, disapproval of an-appeal shall require compliance:by the applicant within fifteen (15) business days of the date of disapproval. Section 3.12 Public Infrastructure Improvements, Construction Plans an Facility Agreements A. Applicability Every subdivision or development which requires the installation of public infrastructure improvements to serve the proposed subdivision or development is required,to submit construction plans to ensure that the required improvements are constructed in accordance with all applicable standards of this UDC or any other codes of the City pertaining to the construction and installation of the improvements.All public infrastructure. improvement,construction plans shall be:submitted and approved priorto an application for a,linal glat. B. Application Requirements ..Any request for an:approval of construction plans.shall be-accompanied by an application.prepared:.in accordance with the'requirements of the UDC, Cibolo Design and Construction Manual:and City Engineer. This UDC and the City Engineer shall determine the form and content of the construction plans. C. Processing of Application and Decision 1. Submittal Construction plans shall be submitted to the City prior to9F-000 _ ; -- an application for Final Plat. If construction plans are submitted with an application for Preliminary Plat, the City_is not obligated to approve Construction Plans prior to taking action on.a Preliminary Plat.The City shall'transmit the plans to the City Engineer and appropriate City staff and consultants for review., The City Engineer shall provide written notification of any items requiring correction or attention withwiththirty (30) days after a "complete" submittal of construction plans 2. Decision by the City Engineer,. - The City_Engineer is responsible for the final approval of any construction plans_and may'approve, approve with conditions, or deny said -construction plans. -Once the construction plans are, approved,=the property owner shall provide additional sets of'the approved plans to the City, as required by the.City Engineer, for use during construction. A full set.of the City-approved and stamped construction plans:must always be available for inspectiomon-the job site. 3. Revisions to Construction Plans If the conditions of approval require revision(s)to the construction plans,one(1)set shall be marked with objections noted:(on the plans themselves and in memoformat) and returned to the applicant forcorrection, whereupon the-applicant's engineer:.shall correct the plans as requested and resubmit them for decision. A.properly revisedset of construction plans shall be submitted to the . City Engineer. The City Engineer shall approve or deny the revised set of plans.. . 4. Appeals Any person or persons aggrieved by any decision of the City Engineer may appeal the decision of the City Engineerto the City Council and shall,be decided prior to action on a Final Plat.An appeal of the City Engineer decision must be accompanied by a written-statement:regarding the grounds for appeal and shall be certified and documented by a professional engineer licensed in the State .. of Texas. D. Criteria for Approval When considering final action on public infrastructure improvement construction plans, the City Engineer, or the City Council on appeal,should consider the following criteria 1. The plans are consistent with the approved preliminary.plat or the proposed final plat;. 2. The plans conform to all applicable regulations pertaining to the construction and installation. of public infrastructure improvements and the Cibolo Design and Construction Manual; 3. The plans have been reviewed and approved by the City Engineer; and 4. All plans ME surveys shall be completed and sealed in accordance with all requirements and standards of the Texas Board of Professional Engineering an Texas Board of Professional Land Surveying. E. Timing of Public Infrastructure Improvement Construction 1. Completion Prior to Final Plat Recordation After approval of a preliminary plat and prior to recordation of an approved final plat,the installation of all public infrastructure improvements required to serve the subdivision, whether to be located off-site or-on-site, including but not limited to water, wastewater, drainage, road and park improvements, shall be completed in accordance with the approved public infrastructure- improvement construction plans, except asp rovided in Section 2: below. The installation of improvements required for proper drainage and prevention of soil erosion on individual residential lots, and improvements on any common areas shall be completed prior to recordation of the final plat in accordance with the approved construction plans. 2. Installation after Final Plat Approval The property owner or applicant may request to defer the obligation to construct and install one (1) or more public improvements to serve the subdivision until after final plat recordation, in accordance with Article 20 (Subdivision Regulations) of this UDC. The request shall be submitted with an applicationforpreliminary plat approval to provide fair notice of the intent of the developer. Deferral of the obligation.to install public improvements shall be conditioned on execution of a subdivision improvement agreement and sufficient surety to secure the obligations defined in the agreement. 3. Off-Site Easements All necessary off-site easements required for installation of off-site public improvements-to serve the subdivision or development shall be acquired by the subdivider or developer and conveyed solely to the City by an instrument approved by the City Attorney. F. Security for Completion of Improvements 1. Security Whenever the obligation to install public improvements to serve a subdivision or development is deferred until after recordation of the final plat, the property owner shall provide=sufficient,security to ensure completion of the. required public improvements, in accordance with.Article 20 (Subdivision Regulations) of this UDC. The security shall be in the form specified by this UDC. 2. Amount and Acceptability The security shall be issued in the amount of MR,hundred and twenfi -fig (125%) erten of the cost estimate approved by. the City Engineer and Director of -Public Works for all public improvements associated with the subdivision.The terms of the security agreement shall be subject to the approval of the City Attorney. -3. Building Permits No building permit shall be released until all public improvements within the development have been accepted by the City. 4. Remedies - - Where a community facilities agreement has been executed and security, has been posted and required ,public improvements have not been installed in accordance with the terms of the agreement, the City may: a) Declare the agreement to be in default and require that all the public improvements be installed regardless of the extent of,completion of the development at the time the agreement is declared to be in default; b) Obtain funds under a security and complete the improvements itself or through third party; c) Assign:its right to.receive funds under the security to any third party,.including a subsequent owner of the development in exchange for the subsequent owner's agreement and posting of security to complete the.public improvements serving the tract. F. Inspection and Acceptance of Public Improvements 1. Inspections Construction inspection shall be;supervised by the City Engineer and Public Works Department. Construction shall be in accordance with the approved construction plans. Any significant change in design required during construction shall be made ,by the subdivider's engineer and-shall be subject to approval by the City Engineer. If the City Engineer and Public Works Director,find, upon inspection, that any of the required public improvements have not been constructed properly and in accordance with the approved construction plans, the property owner shall.be,responsible for- completing and/or correcting the public improvements. 2. Submission of As-Built Plans or Record Drawings The City shall not accept dedication of.required public improvements until the applicant's engineer has certified to th Cityl through submission of detailed"as=built" record drawings and survey plat. of the property and any off-site easements, the: location, dimensions,, materials, and other information establishing that the public improvements have been built in accordance with the approved construction plans. Each"as-built"sheet shall show all changes made in the plans during construction and on each sheet, there shall be an as-built stamp bearing the signature of the engineer and date. "As-built" items required are as follows: a) Two(2) sets,gf full size_"approved construction plans".and "as' built" plans; b) _Electronic(digital) copies of,all plans in GIS, 'CAD .dxf or:dwg format and .pdf format; c): Design Engineer's Certificate of Review; d) Letter with guaranties,and costs of all infrastructure.being dedicated to.the City to include information:regarding linear feet of streets,'public drainage, sewer lines and water lines; e) Two(2)true M correct copies of field density tests, material source tests an• geotechnical- reports;:each certified by a recognized testing laboratory and PDF's of.the same on CD/DVD;. f) A,DVD and-complete log of the televised inspection(s)of sewer lines; and g) Acceptance:letters from all applicable utility providers.- 3. Acceptance of Improvements When the City Engineer determines that public improvements have.been installed in accordance with the approved construction plans; the City Engineer shall recommend.acceptance of such. improvements on behalf of the.City. Acceptance ofimprovements shall:mean thattheproperty owner has transferred all rights to all the public improvements.to the City for use and maintenance. The City may accept dedication of a portion of the required public improvements, provided adequate surety has been given for the completion of all the other improvements. Upon acceptance of the required public improvements, the City shall certify to the property owner that public improvements have been satisfactorily completed. 4. Disclaimer Approval of a preliminary or final plat by the City shall not constitute acceptance of any of the public improvements required to serve the subdivision or development. No public improvements shall be accepted for dedication by the City except in accordance with this UDC. 5. Stop Work Order a) Authority. Whenever any duly authorized agent of the City determines that any work regulated by this UDC is being installed or completed in a manner contrary to the provisions:of this UDC or any other applicable City Code, contrary to approved Construction:,Plans, or in a dangerous or unsafe manner,the City is authorized to issue a stop work order immediately and to not allow work to progress until the issue(s)that resulted in the stop work order is/are remediated at the expense of the developer. b) Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved; or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. c) Emergencies. Where a verifiable emergency exists, the City shall not be required to give a written notice prior to stopping the work. d) Failure to Comply. Any person who shall continue any work after having-been served with_a stop work order, except. such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to the fines and penalties prescribed by Article 1 of this UDC. G. Maintenance and Warranty of Improvements 1. Maintenance during construction The .developer shall maintain all required public improvements during construction of the development. 2. Bond The developer or,owner shall covenant to warranty the required public improvements for a period of 18 month following acceptance by the City of all required public improvements and shall provide a bond in the.amount specified below: • All im rovements located.within an easement or right-of-wa shall be bonded. • _-Preli00-5011A.c—cetamce: A maintenance bond of twen, -fig (25%) =ercen , with a minimum amount of$25,000, of the costs oft e improvements for.such eriod; Final Acceptance; A warranty bond of ten (10%) percent withgal minimum amount o 25,000 of the cost of the im rovements for such eriod Section 3.13 Building Permits A. Applicability An application for a building permit is required within the City corporate limits, or where provided for in'a Development Agreement:in the City ETJ, prior to the placement, construction or alteration of a building or structure. Approval of an application for a building permit authorizes the property owner to-construct, alter, or place a structure on the lot, tract or parcel.Approval of the building permit authorizes the property owner, Upon completion of a structure, to make application for a Certificate of Occupancy. B. Provisional Field Permits Upon an affirmative finding by the.City Engineer that required public improvements have been completed in accordance with this UDC and the Design and Construction requirements of the City,:the Planning and Engineering Director may authorize the issuance'of Provisional.Field Permits to allow the issuance of building permits. Provisional Field Permits shall be issued"at risk"to the developer and does not preclude the City Council from denying, or deferring, Preliminary Acceptance, upon the discovery" of any;defect in the public improvements:after the issuance of any provisional field permit. Provisional Field Permits shall be subject to all regular permitting requirements. Certificates of'Occupancy shall not be issued until Preliminary Acceptance of all public improvements is granted by City Council. C. Application Requirements Any request for a building permit shall be accompanied by an application prepared in accordance with requirements of the Building Inspections Division. The Planning and Engineering -Director or designee shall be responsible for determining the form and content of the building permit application. D. Processing of Application and Decision 1. Submittal An application for a building permit shall be-submitted to the Building Inspections-Division, who shall review the application for compliance with all adopted building codes and regulations. 2. Decision by the Planning and Engineering Director. The :Planningand Engineering irecto .or desi nee may approve, approve 9 9 9 y PP with conditions, or deny the building permit. 3. Appeals Any person or persons aggrieved by any decision of the Planning and Engineering Director or any officer, department, or board of the City may appeal the decision to the Planning Zoning:Commission and/or City Council, as specified in this UDC, unless the cause for the permit denial relates to a zoning related sections of this UDC; in which case the appeal shall be made to the Board of Adjustment. E. Criteria for Approval The following criteria shall be used in deciding the application for a building permit: 1. The application generally conforms to all prior approved development applications for the property and any variance petition authorizing variation from the standards otherwise applicable to the permit; 2. The.location of the structure is in accordance with all prior approved development applications; 3. Construction plans conform to all applicable construction codes; as amended; adopted by the City; 4. All applicable fees, including impact fees, have been paid; 5. A final plat of the property has been recorded in the appropriate County plat records; and 6. Required public infrastructure has been installed and accepted by the City. 0 Section 3.14 Certificate of Occupancy A. No vacant land shall be occupied or used except for agricultural purposes-unless otherwise authorized by this UDC and no building hereafter erected or structurally altered shall be used or, occupied until a certificate of occupancy M haM been issued.by the Building Official of the City stating that the building or proposed use thereof complies with the provisions of this ordinance and all other existing building and sanitation ordinances. B. No non-conforming use shall be maintained; renewed; changed or extended without a certificate of occupancy having first been issued by the Building Official of the City. C. Application for a certificate of occupancy shall be made in writing coincident with the application for a building permit, or may be dir6 tl a lied:for where no building permit is necessary and shall be issued or refused in writing within Mive 5) business da, after the Building Official has been notified that the building or premises is ready for occupancy. D. The Building Official shall maintain a record of all certificates and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected. E. No permanent water, sewer,electrical or gas utility connections shall be made to the land, building, or structure.until and after a certificate of occupancy has been issued by the Building Official of the City. F. Upon request of the owner or authorized representative,the Building Official may issue a temporary certificate of occupancy for the temporary use and occupancy of a_portion of a building prior to the completion and occupancy of the entire building, provided such temporary occupancy or use will not in any way or manner jeopardize life or property. Such temporary, certificate may be issued for a period not exceeding six months. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners relating to the use or occupancy of the premises,or in any other matter covered by this ordinance, and such temporary certificate shall not be issued except under such restrictions and provisions. ARTICLE 4. ZONING REGULATIONS Section 4.1 General Provisions 4.1.1 Purpose and Intent The purpose of this Article is to promote the public health, safety, general welfare and quality of life of the :present and future citizens of the City. 4.1.2.Consistency with Comprehensive Master Plan The City's Comprehensive Master Plan, as adopted and as amended and periodicaliy,updated, is the policy guide for the development of this Article. 4.1.3 Minimum Requirements The provisions of this Article shall be interpreted and apElied -as the minimum.re uirements for the promotion of public health, safety, MM_general welfare.-and ualit of Fife of the resent and future citizen .f the Cif Whenever the requirements of this UDC conflict with the requirements of any other lawfully adopted rules, regulations, or ordinances,-the requirement that is most restrictive or that imposes higher standards will apply. .The issuance of any.permit, certificate or approval in accordance with the standards and requirements of this UDC shall not relieve the recipient of such permit, certificate or approval from the responsibility of complying with all-other applicable requirements.of any other municipality, special district; state or federal agency having jurisdiction over the structures or land uses for which the permit,.certificate or approval was issued. Section 4.2 Zoning Authority and Roles :4.2.1 Planning and Zoning Commission 4.2.1.1. Planning and Zoning Commission created A. A Commission of-the City Council of.the City=1 1 is hereby created which shall be known as the Cibolo Planning and Zoning Commission: The Commission shall consist of seven members. B. A chairperson and vice-chairperson shall be elected annually among the commission members: In the absence of both.the chairperson and vice-chairperson, the Commission shall appoint,an acting chairperson. C. There shall be seven places on the commission being defined as Place#1, Place#2, Place#3, Place #4, Place#5, Place#6, and Place#7 and two (2) alternates. 4.2.1.2. Meetings A. Regular meetings shall be held monthly unless a.lack of agenda items allows for a meeting not to be held:Special meetings may be required at the request of the chairperson or at the request of M Mayor and/orCity Council::The time and place of both special and regular meetings are subject to change upon proper notification of all members of the Commission. 4.2.1.3. Parlimentary procedure; meetings open to public A. The;mommission will conduct its meetings in conformance wit "Robert's Rules of Order," latest revision,which shall be the.commission's final authority on.all questions of procedure and parliamentary law. B. 'A quorum shall consist of a majority of the,entire membership of the Commission and any issue to be voted on shall be resolved by a majority of those present. 4.2.2 Role of City Council The City Council is responsible for a' ointing :and removing members of the Planning and Zoning Commission. After first receiving a P and Z report, City Council shall:conduct a public hearing and after the public hearing is concluded, hear and render decisions on applications for original zoning or proposed amendments, to the official:zoning map, take final action on UDC amendments, take final action on certain appeals:and non-zoning related variances from the UDC, and (where defined in this UDC)take final action on decisions by the Planning and Zoning Commission and City_staffin th"e'administration of this UDC. 4.2.3 Role of City Staff City staff designated:by the City Manager will administrate the duties andprocedures provided in this UDC. The provisions of this ordinance will ordinarily be carried out by said officials, or a designee such as assistants, deputies, or department-heads. 4.2.4 Role of Board of Adjustment The Board of Adjustment(BOA) has the powers and duties set forth in Chapter.211 of the Texas Local Government Code. The Board of Adjustment's jurisdiction extends to:and includes the following specific powers and duties: 1) Zoning Variance from Zoning standards of this UDC 2) Appeal of an Administrative Decision, where defined by this UDC and TLGC §211.010. 4.2.4.1 Membership The Board of Adjustment shall consist of seven (7)regular members and two (2)alternate members, each to be appointed for a term of two (2) years and removable for cause by the City Council. The two (2) alternate members shall serve in the absence of one (1) or more regular members when requested to do " so by the City Manager or designee. 4.2.5 Role of the Building Official or Designee A. Whenever any building work is being done contrary to the provisions of this UDC,the Building:Official may order the work stopped and also revoke the building permit theretofore issued by notice in writing served on any person owning such property or their agent or on any person engaged in the doing or causing of such work to be done, and any such person shall forthwith stop and cause to be stopped:such work,"until authorized by the Building Official to recommence antl proceed with the Work or upon issuance of a building permit in thosecases in which the building permit has been revoked, and:further such stop work order and revocation of permit shall be posted on work being done in violation of this ordinance. B. Whenever any building orportion thereof is being used or occupied contrary to the provisions of this UDC,the Building Official shall order such use or occupancy discontinued and the building or portion thereof vacated by notice served on"any person using or causing such use or occupancy to be continued, and such person shall vacatesuch building or portion thereof within 10 (ten) days after receipt of such notice, or make the building or portion thereof comply with the requirements of this ordinance. Section 4.3 Processes 4.3.1 Zoning Map Amendment Process (Rezoning) .The Official Zoning Map may be amended based upon changed or changing conditions in a particular area or in the City generally, or to rezone an area, or to extend the boundary of an existing zoning district. All- amendments must be in accordance with the. Future Land Use Plan. The City Council is responsible for final action on Zoning Map Amendments. 4.3.1.1 Submittal Requirements An application-for Zoning Map Amendment shall be deemed complete when the applicant or agent has provided on or before the application submittal date prescribed by the City Planner or designee: A. A letter or application form; signed by-the property owner(s), stating the current and requested zoning, classifications; B. A copy of the current deed, indicating ownership and authority to file the application; C. A legal description of the property, whether by Lot and Block, or by metes and bounds; D.- The full required fee for processing the application; and E. A list of property owners within two hundred (200) feet of the property for which the change in district boundary is proposed. .4.3.1.2 City Staff Review A. City Planner shall review the application and make a determination of completeness.of the application. B. A complete application will be reviewed by the City Planner and designees for consideration of applicable criteria and prepare a report to the Planning=Zoning Commission and City Council. C. The City Planner's report may include a recommendation for final action. 4.3.1.3 Planning and Zoning Commission Required Notice, Hearingg and Action The Planning and Zoning Commission shall hold a public hearing to consider proposed changes-in district boundaries or amendments to regulations. Written notice of any such public hearing shall be mailed to all owners of real property, according to the most current, approved County tax rolls, lying within two hundred (200)feet of the property for which a change in district boundaries is proposed. Such notice shall be mailed not less than eleven (11) days before the date set for hearing. If an application or petition has been filed, the party responsible shall appear in person or,by agent: The Commission shall act upon changes and amendments as originally submitted or modified. If the Commission is satisfied that a proposed change or amendment is justified, it shall recommend City Council approval. If modifications:are required, such modifications shall be included in the recommendation to the City Council. If the Commission is not satisfied that a proposed change or amendment is justified, it shall recommend City Council disapproval.The reasons for disapproval shall be included in the recommendation to the City Council. 4.3.1.4 City Council Required Notice, Hearing A public hearing shall be held by the City Council before adopting any proposed supplement, amendment or change. Notice of such hearing shall be given before the 15th day before the date of the hearing.. Notice of the time and place of the hearing must be published in an official newspaper or a newspaper of general circulation in the municipality. If-an application or petition has been filed, the owner shall appear- in person or by agent. 4.3.1.5 Approval Criteria In determining whether to approve, approve with modifications, or disapprove a proposed amendment,. the City Council shall consider the following: A. - The application is complete, and the information contained within the application is sufficient and correct enough to allow adequate review and final action; B. The Zoning Map Amendment is consistent with the City's adopted Comprehensive Master Plan; C. The Zoning Map Amendment promotes the health, safety, or general welfare of the city and the safe and.orderly development of the City; D. The Zoning Map Amendment is compatible with the present zoning and conforming uses of nearby property and the character of the neighborhood. And; E. The property to be rezoned is suitable for uses permitted by the District that would be applied by the proposed amendment: 4.3.2 Conditional Use Permit. A Conditional Use Permit is intended to provide some flexibility to traditional zoning by offering a mechanism to balance specific site constraints and development plans with the larger interest of the community and the integrity.of the UDC. An application for Conditional Use Permitfollows the same process as a Zoning Map Amendment Process (Rezoning), as described above,-in all respects. The Permit, if granted, may include conditions placed upon the development of the. property. . The Planning and Zoning Commission and City Council-shall consider the following, at a minimum, in conjunction with its deliberations for approval or denial.of the application and the establishment of conditions: A. Consistency with the Comprehensive Master Plan; B. Conformance with applicable regulations in this UDC and standards established by the UDC; C. Compatibility with,existing or permitted uses on.abutting sites, in terms of building height, bulk, scale, setbacks and open spaces, landscaping and site development, and access/circulation; D. Potential unfavorable impacts on_existing orpermitted uses on abutting sites, the extent that such impacts exceed those which reasonably may result from use of the site by a permitted use; E. Modifications to the site plan which would result in increased compatibility or would mitigate potentially unfavorable impacts or would be necessary to conform to applicable regulations and standards and to protect the public health, safety, morals and general welfare. And; F. Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use. The Planning and Zoning Commission, in recommending favorably upon an application for a Conditional Use Permit, must make all the following findings of fact: A. The proposed use is in accord with the objectives of these regulations and the purposes of the district in which the site is located.- B. That the proposed use will-comply with each of the applicable provisions of these regulations. C. That the proposed_use and site development, together with. any modifications applicable thereto, will be completely compatible with existing.or permitted uses ih the vicinity. D. That the conditions applicable to.approval,are the minimum 'necessary to minimize potentially unfavorable impacts on nearby uses and ensure compatibility with existing or permitted uses in the same district and the surrounding area, and that the prescribed zoning standards ensure proper mitigation of identified impacts by recommending stricter standards where necessary. E. The Commission gave due consideration to all technical information supplied by the applicant. F. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare or materially injurious;to properties or improvements in the :vicinity. G. For-Sexually Oriented Businesses, the Commission or Council may require any information that may be necessary to determine if the proposed business will comply with all requirements of City . Ordinance Number 744. 4.3.3 Post Decision Procedures for Zoning Map Amendment Process and Conditional Use Permits A. Notification Required Within ten(10) business days following final action on any developmentapplication, the City shall provide written notification to the applicant of the decision of the City Council considering the request. If an application has been denied the notification should include the reasons for denial as well as any information, relating to reapplication procedures for the appropriate application. B. Reapplication Following Denial When a rezoning or conditional use permit application is denied; a new rezoning or conditio►ial use permit application for all or a part of the' -same property shall not be.accepted for filing for a period of six(6) months ; after the date of denial unless the subsequent application involves a proposal:that is substantially different - from the previously denied proposal. For, the purpose of this. section, a request may be considered substantially different if the change is to:a different zoning classification, there is a change;in conditions relating to zoning principles of the property or surrounding properties.or there is a change.in the nature'of the development of the property or surrounding properties.The City;Manager or designee shall resolve any questions concerning the similarity of the reapplication. The final decision-maker may, at its option,waive the six(6),month waiting period,if, after due consideration of the matter at a scheduled and posted meeting, it is determined that denial of the request was based upon erroneous or omitted information, or if substantial ; new.information pertaining to the request is discovered: C. Amendments and Revisions to Approved Application -- Unless otherwise expressly provided by this UDC, any request to amend or revise an approved development application shall be,considered a new application,which must be decided in accordance with the procedures governing the original application and the.standards.:in effect at the time such new application is filed with the City. Q. Amendments Required Whenever- a subsequent development application differs substantially from a- previously approved development_application.to which the subsequent application must;conform; the applicant shall submit an amended development application for the initial development application, which shall be decided prior to the subsequent application. The applicants failure to comply.with this section shall result in denial of the subsequent application 4.3.4 Appeal of Administrative Decision The Board of Adjustment shall have the authority to hear requests for,the appeal of o,decision.made by the City pursuant to Texas.Local Government Code §211..010. 4.3.5 Zoning Variance The Board of.Adjustment shall have the authority to hear requests for zoning variances.in accordance with the terms of this UDC and Texas Local Government Code§211.010. . 4.3.5.1 Application Requirements for Zoning Variances The following terms prescribe:the initiation and initial process of a variance application: . Applications must be made in a format and in a manner consistent with requirements determined by the. City. Applications must include-all materials determined necessary by,the-City. Information regarding format requirements and:submittal materials required for the application will be made available by the City in advance of any application: Upon submission of an application and payment of the applicable fee, the City will determine whether the application is complete. 4:3.5.2 Consideration The City Staff.shall prepare a report, which may include a recommendation for final action. The BOA will review the application, the Staff report, conduct a hearing in accordance with, the BOA's established procedures and state law, and take final action .on the application, In accordance with Texas Local Government Code 211.009, the concurring vote of even -fiv (759) percent of the total members of the Board is necessary to authorize a variance from the terms of the Zoning Ordinance articles of this UDC. 4.3.5.3 Criteria for Granting a'Zoning Variance, Findings Required The Board of Adjustment shall prescribe only conditions that it deems not prejudicial to the public interest and shall list its decision with findings of fact. In making the required findings, the Board of Adjustment shall take into.account the nature of the proposed use of the land involved, the existing use of land in the vicinity, the number of,persons who will reside or work in the proposed development, the possibility that a nuisance may be created,and the probable effect of such variance upon traffic conditions and upon public health, convenience, and welfare of the vicinity. No variance shall be granted unless the Board of Adjustment finds all of the following: A. Extraordinary Conditions-That there are extraordinary or special conditions affecting the land involved such that strict application of the provisions of this Code will deprive the applicant of a reasonable use of the land. For example, a variance might be justified because: of topographic, or other special conditions unique to the property and development involved., while it would not be justified due to inconvenience or financial disadvantage; B. Substantial Detriment;-Mhat the granting of the variance will not be detrimental to.public health, safety,. or welfare, or injurious to other property in the area, or to the City in administering this Code; C. Other'Property-that the conditions that create the need for the variance do not generally apply to other property in the vicinity; D. Applicant's Actions -that the conditions that create the need for the variance are not the result of the applicant's own actions; and E. Comprehensive Plan - that the granting of the variance would not substantially conflict with the Comprehensive Master Plan and the purposes of this Code. 4.3.5.4 Insufficient Findings The following types of possible findings do not constitute sufficient grounds for granting a variance: A. Property cannot.be used for its highest and best use; B. Only a financial or economic hardship; C. Self-created hardship by the property owner or its agent; D. Development objectives of the property.owner.are or will be frustrated; E. Fact that property may be utilized more profitably should a variance be granted. . 4.3.5.5 Limitations The Board of Adjustment may not grant a variance when the effect of a variance would be any of the - following: A. To allow the establishment of a Use not otherwise permitted in the applicable.zoning district; B. To increase the density of a use above that permitted by the applicable district;. C. To extend physically a nonconforming use of land; or D. To change the zoning district boundaries shown on the Official Zoning Map. 4.3.5.6 A variance shall not be valid if action_authorized is not begun within a period of ninety (90) days. Action begins with the issuance of a building permit. .3.6 Color Varianc ;New construction and existing buildings and structures and appurtenances thereof within the City that arc moved, reconstructed, materially altered or repaired shall be visually compatible with other buildings t ... hich they are visually related and/or upon the repainting and/or alteration of any structure; the paint an material color shall be submitted for review and approval to the Planning and Engineering Director o designee. Staff is authorized to attempt to find a design solution that will satisfy the general spirit and inten Of this UD If a solution cannot be found relative to Section 8.3.2,13 of the UDC regarding building colors, the Plannin nd Zoning Commission shall have the authority to hear re uests.for a color variance in accordance wit . .. he terms of this UDC. _3.6.1 A lication Re uirements for Color Variance Oe following terms prescribe the initiation and'initial process of a color variance application: A completed Universal Development Application, notarized and signed by the property owner(s) A letter addressed to the Planning and Zoning Commission, stating the requested color variation wit xample and any additional information the applicant deems relevant to the request; . Upon submission of an application, request letter and payment of the applicable,fee the Cit wil etermine whether the application is com fete. .3.6:2 Criteria for.Granting a Color Varianc The following criteria shall be used to determine whether the variance a pplicaflon shall be - onditionally approved or denied: -: Consideration of current/proposed use. And B. Effect to surrounding property owners if variance is granted. And; C. Would property owner suffer a hardship not to include loss of profit, if the variance is not approved.. nd;l D. Relationship of materials,texture and color. The relationship of the materials, and texture of the exterior fa building include its windows and doors, shall be visually compatible with the predominate material used in the other buildings to which it is visually related. Section 4.4 Establishment of Zoning Districts The following Zoning Districts are hereby established for the City as authorized by the City Charter and Chapter 211 of the Texas Local Government Code: DISTRICT CODE DISTRICT NAME AG Agricultural- Homestead :SF4. Estate Residential:- SF-2 Low Density Single-Family Residential I SF.3 _- `. L'ow4edium Density Single-Family,Residential SF-4 :Medium Density Residential ' Medium,Hi h Densit Sin le-Pamir Residential kigh DeRGOty Single Family Residential. ; TF1:' .` MF-1 Multi Family ':MF-2 _ Multi Family. MH-1 Manufactured Housing MH-2- .Mobile Home'Park" C-1 Neighborhood Commercial ' Communi ,Retail/Service k9 731 Refiail/Service- Restrictive Alcohol Sale C-3 General Retail/Office ,eneral Retail/Office—Restrictive Alcohol Sale . ;. rC-4 Genera[Commercial: PF Public.Facilities (Parks and Institutional Facilities) -1. :.;.. . , Light]Industrial ..,, 1-2 Heavy Industrial .-.MUREt Mixed Use.Regional Employrribnt,G6nter OT Old Town Mixed Use Overlay FM 78 :FM 78.Mixed Use:Overlay , TC Town Center Mixed Use Overlay 4.4.1 Official Zoning Map The City is hereby divided into the above Zoning Districts, as shown on the Official Zoning Map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of the Code of Ordinances of the City. The Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Secretary, and bear the Seal of the City under the following words: "This is to certify that this is the Official Zoning Map referred to in the Cit Code of Ordinances, Appendix A,common) referred to as the Unified Development Code(UDC).. dv ted b. Ordinanc umber on b, the Cit Council of the Cit of Cibolo Texas If, in accordance with the provisions of this UDC, as amended, changes are made in the District boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map, within thirty business days after the amendment has been approved by the City Council and signed by the Mayor. Approved zoning changes shall be entered on Zoning Map Amendment archive map and each change shall be identified on the map by the ordinance number making the change. No change of any nature shall be made on the Official Zoning Map or matter shown thereon except in conformity with procedures set forth in this Ordinance. Any unauthorized change shall be null and void and .have no force or effect. Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map, which shall be located in the office of the City Secretary, shall be the final authority as to the current zoning status of all areas in the City. 4.4.2 Digital Mapping Digital maps, created through the use of geographical information system technology, containing registration points recorded on the Texas State Plane Coordinate System, as amended, may be used in the administration and enforcement of this Ordinance, but will not replace the paper originals of official maps required by this Ordinance. 4.4.3 Replacement of Official Zoning Map In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature and/or number of changes and additions, the City Council shall, by ordinance, adopt a new Official Zoning Map, which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such-correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor,attested by the City Secretary, and bearing the Seal of the City and date under the following words: 'This is fio certify that s Official Zoning Map supersedes and replaces the Official Zoning Ma do p ted (date of ado-tion of ma bein re laced as art of Ordinance No. 10-48 of the Cit. ,Texas.' Unless the prior Official Zoning Map,has been lost or has been totally destroyed, the prior map or any sIignificant.parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.The City shall initiate creation of a revised Official Zoning Map consistent with the provisions of this Ordinance. .4:4.4 Rules for Interpretation of District Boundaries Where uncertainty exists as to the boundaries of Districts as shown on the Official Zoning Map,the following rules shall apply: A. Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines; B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines; C: Boundaries indicated as approximately following city limits shall.be construed as;following such city limits; D. Boundaries indicated as following railroad lines shall be construed to be midway between the rails of the main line; E. .Boundaries indicated as approximately following the centerlines of streams, rivers, canals,lakes, or other bodies of water shall be construed to follow such center lines; F. Boundaries indicated as parallel to or extensions of features indicated above shall be so construed.. Distances not specifically indicated in a classification amendment shall be determined by.the scale of the map; and - G. Where physical features, such:as streets, railroad lines, rivers, streams and such, existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered above, the Planning and Engineering- ise Director shall make a written interpretation of the District boundaries,for approval by the City Manager. 4.4.5 Uniform Application of District-Regulations No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all the zoning regulations herein specified for.the District in which it is located. 4.4.6 Overlay District Applicability The Mixed-Use Overlay -Districts defined herein (OT, 78; TC) include requirements specific to the designated areas as defined on the Official Zoning Map. The requirements in the overlay districts are in addition to-existing zoning requirements in the corresponding zoning districts. Standards and requirements not specifically addressed in the mixed-use overlay requirements but provided for in this UDC for similar development shall apply. In-the case of conflicting zoning requirements between existing zoning and the overlay district, the more fITR7,01-elFaf requirements ma, apply. 4.4.7 Classification of New and Unlisted Uses It is recognized that new types of land uses will develop, and forms of land use not anticipated may seek to locate in the City: In order to provide;for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows: A. The question concerning any new or unlisted use shall be determined by the City Planner. The City Planner may choose to refer the matter to the Planning Zoning Commission for an interpretation- as nterpretationas to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a-statement of.facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage and amount and nature thereof, enclosed or.open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes; dust, toxic material; and vibration likely to be generated, and the general requirement for public utilities such as water and sanitary sewer.An applicant may appeal the decision of the City Planner with respect to the classification of a new or unlisted use. B. The Planning an Zoning Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use should be permitted.. C. If the Planning an Zoning Commission determines that the proposed use should be added to the Schedule of Permitted Uses (Article.13 of this UDC), the UDC shall be amended after public hearings --- before the Planning a= Zoning Commission and the City Council. If the Planning = Zoning Commission determines that the proposed use fits within the definition of a use currently listed in the Schedule of Permitted Uses, it shall transmit such finding, together with an appropriate parking requirement, in recommendation form to the City Council.The City Council shall by simple majority vote with respect to the recommendation of the Planning and Zoning Commission or make such determination concerning the classification of such use as-is determined appropriate based on its findings and direct staff accordingly. 4.4.8 Prohibited Uses No land or building shall be used or occupied for a use which will in any manner create an unreasonable potential hazard to the general public, health, safety and welfare, as, for example, but not by way of limitation, any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazardous conditions; noise or vibration; smoke, dust, odor or_other form of air pollution; heat, cold, dampness, movement of_air, electrical or other:disturbances; glare; or liquid or solid wastes in a manner or amount not conforming to'the appropriate performance standards of this UDC. 4.4.9 Annexation All territory which may, hereafter be annexed into the City shall automatically be classified as Agricultural. (AG) until such time as permanent zoning is requested, per the Zoning Map Amendment:Process, as prescribed by-this ordinance. The City Council shall assign permanent zoning to annexed properties within eighteen (18) months of the completion of annexation proceedings,.or as soon as is practical following annexation. The City Council can consider the Agricultural district as a permanent zoning designation -;through the Zoning.Map Amendment Process, as prescribed by this UDC. Section 4.5 Zoning District Purpose Statements 4.5.1 Residential Districts 4.5.1.1 . Estate Residential (SF-1) This district is established for large-lot single-family residential housing and is consistent with a very low- density suburban/exurban development with housing arranged in conventional detached format.with a maximum density of 1 unit per acre, to create a semi-rural setting of the City. 4.5.1.12 Low Density Residential District(SF-12) This district is established for.large-lot single-family residential housing and is consistent with a very low density suburban/exurban development with housing arranged in conventional detached format with a. maximum density of to two r2a units per acre, to create a sernkrural setting of the City. 4:5.1.3 Low-Medium Density Residential District(SF-§3) :This district is established for traditional suburban development of single-family detached dwellings in a low to medium density setting of sup to three (3) units per acre maximum. Higher intensity residential development serves as a buffer to protect this area from in uses. 4.5.1.4 Medium Density Residential-District-(SF-4) This district is established for.traditional:suburban development of single-family detached dwellings in a medium density setting of u to four 4 unit per acre maximum. Higher intensity residential development serves as a buffer to protect this area from incompatible and nuisance issues. 4.5.1.5 Medium-High Density Residential,District($F-5) The mixed-density residential district enables a mix of residential densities Oup to flue 5 units per acre. The district is. intended ,to complement the suburban district and allow a mixture of different density neighborhoods. BON-OWns! iti ci}� cacirJnn}i�l rlie}rin}an�hlac a miv of rasidan}i I rlanci}i of119 ac "e 5!-5N ie}rn}a ; civ—in}eoenfJ a�.�a t v�M 4p ya.l.�ar� r�o r,f r1i Ffa 4.5.1.7. Two-Family Residential District(TF-1). The two-family residential district enables duplex residential development up to 12 units per acre. The district is intended to serve as a transitional or buffer use. 4.5.1.8 Multi-Family District(MF-1) This district provides for attached, multiple family residential use to a.maximum density of 18 units per acre, situated with access to an arterial roadway. It is intended to be located near retail and office use to provide convenient service and serve as a transitional or buffer. use. 4.5.1.9 Multi-Family District(MF-2) This district provides for attached, multiple family residential use to a maximum density of 24:units per acre, situated with access to an arterial roadway or highway. It is intended to be located near retail and office use to provide convenient service, and access to regional facilities for its residents and serve as a transitional or buffer use. 4.5.1.10 Manufactured Home District(MH-1) The Manufactured Home District,'MH-1, is established to provide a single-family residential zoning district most appropriate to an established neighborhood that contains predominantly manufactured home residences. This district allows for HUD-Code manufactured homes modular homes, or other site-built :homes on individual lots and provides fora diversity of housing options. 4.5.1.11 Mobile Home Park District(MH-2) The MH-2 Mobile Home Park District is intended to provide locations for development of mobile home residence parks. Homes in this district: shall be restricted to mobile homes as defined .by the U.S. Department of Housing and Urban Development. 4.5.1.12 Agricultural-Homestead District(AG) The Agricultural district is intended to serve as an initial temporary zoning designation for newly annexed properties into the City and as a..permahent zoning designation for those rural properties of the City that. are ideally suited for agricultural purposes. Since single-family residences are permitted in this district, this district is considered to be a.residential district. 4.5.2 Mixed-Use Districts (Old Town, M 78 Town Center Overlays and MURE zoning) The .Mixed-Use Districts are intended to ensure harmonious. development, redevelopment- . and rehabilitation of uses by integrating an appropriate mix of residential retail, office, entertainment, civic uses commensurate with traditional values of the city, its citizens, and the surrounding area. The establishing of,. these Mixed-Use Districts serve to reinforce and reinvigorate downtown Cibolo's mixed-use residential, light retail and services, preserve the historical traditions and monuments of the "Old Town" and to.create a Mixed Use District to expand a central core to the geographic center of Cibolo. 4.5.3 Non-Residential Districts 4.5.3.1 Neighborhood Commercial District(C4) The Neighborhood Commercial district is established to provide for a limited variety of commercial uses and services associated with neighborhood storefront retail, service, financial, and office activities which are compatible and designed in scale with'surrounding residential areas. The,intent of this District is to provide convenient neighborhood access to commercial services, and :buffer neighborhoods from undesirable impacts of high intensity uses, such as noise, traffic an odors through performance standards. 4.5.3.2:Communit Retail/Service (C-2) The <6tri iunity y, Retail/Servic°_ District is established to reinforce and reinvigorate downtown Cibolo's .historical :traditions :and monuments. Town Center preserves the character, pedestrian scale, and architecture'of the area surrounding Main Street by providing a limited range of business;creating a central, mixed-use destination environment for local: storefront retail, restaurants, lodging,family entertainment and vening entertainment venues including but not limited to live music,dance halls and bars. 5 321 Community Retail/Service Restrictive Alcohol Sales(C-2R Ahisadistr-1 allows all°uses permitted in the Community Retail/Service District(C-2), excepthat certai xsR `sesin�alving$h�gh=volume salesrof alcoholic beverages are prohibited; including liquorsales an a sl y rC o�brewenes, m order to:1provitle a buffer zone between more intensive commercial uses and les ntensive'uses such asre"sidential uses: 4.5.3.3 General Retail/Office District(C-3) The enera Retail/Office District establishes a broad range of business operations, services and commercial development requiring arterial or collector street access. This district is intended for a variety of office, institutional and indoor retail uses that are designed to-make the most efficient use of existing infrastructure and for orderlytransitions and buffers between districts and uses. This district should facilitate economic development activities that will strengthen neighborhoods; promote the development-of targeted industries and:provide community balance; provide educational and employment opportunities; and encourage local economic investment for citizens of Cibolo. X&_111 1 General Retail/Office District—Res_trictive Alcohol Sales(C=3R phis district allows all uses permitted in the General Retail/Office District(C;=3), except that certain use :. nvol�mgrhigh volume sale's of alcoholic beverages are prohibited, including Iiquor:sal6§ and bars/micro. t� rewer�es, in order,to provide a buffer zone between more intensive commercial uses and less intensiv ses such tas resitlentiaE uses 4.5.3.4 General Commercial District(C-4) The General Commercial District is established to provide for a broad range of commercial uses and activities in high visibility areas to serve the needs of the surrounding region. It is the most intensive commercial zoning district and:generally situated along a highway Or majgr� ,arterial or collecto horoQW_are as defined in the Comprehensive Master Plan 4.5.3.5 Light Industrial District(1-1) The 1-1 ;Mistrict is established to permit most commercial uses, office park, flex=space, and low impact industrial uses which are compatible with surrounding commercial'districts. Limited retail and service use that serve the industrial development zone are-also permitted. 4.5.3.6 Heavy Industrial District(1-2) The 1-2 District is established to :provide for a broad range of industrial uses. It is the least restrictive industrial zoning district and is intended for the grouping:of industrial uses in locations that have adequate and convenient access to major arterials, highways, and rail lines. 4.5.3.7 Public Facilities District(PF) The Public Facilities District is intended to provide for public, semi-public and institutional facilities within close proximity16 various neighborhood and commercial land uses and to serve as a transitional or buffer ..use. GPerrriltted uses include, but are not limited to parks, green space, government buildings and schools. 4.5.4 Special Districts Generally, Special Districts are provided as follows in order to further goals and objectives of the City's Comprehensive Master Plan. Act(12 apart=I Irii� f7aarolnmm�nt -inn; to allow flexibility in,planning and - - - r �r}�Ilv'ceneitiye proportibs that aro three Gree in sive _. mentor and WhiGh-�c t7� ho cleyeln }� ar-cn-c-crrrti�c�'vr�c.�--rrT-os��-vi-yrcacc"rar-rcrss-rrt �c--vv-.v-�vpe "r+a e'ith- a-nnmmrin-r7 r,lr.a,mn ":7�rrrcrrv--wr,-n_rzoi-r-a��-u-gprc.a{�t-GGhe.moof planner -aec nni- ntinn of WaS�- PIJD--Z_0n4R-". EE - ly _ "" - - _ munity chopping neRterc pr�fessiehal-a+�d--adr�iia+st�atwe--a , :i- tl �r"7-rhvcgcre j iGn-er-remix of uses. APUD rha . .. _. --:. o i nn nevitc.ip 1anu4fceos:znic�+Standards- fit to .: ., eine eta nrtarric.- in thi - .. 4.5.4.2 Mixed Use Regional Employment Center District(MURE) This zoning district is reserved for areas suitable to provide a mix,of very high density.residential, retail, office, service, research and development, institutional and clean light industrial uses along major highway . The purpose of this district is to promote economic development and retail activity, while, promoting traffic circulation and .safety, protecting adjacent residential neighborhoods, and promoting a positive image of the community. It is expressly intended that no low-density,residential dwellings,will be allowed in this mixed-use district and any existing dwellings will remain as legal non-conforming dwellings. Medium density residential uses shall only be considered in the form of apartment or condominium uses on upper levels of buildings where '6fe--sity uses are provided on the ground level. 4.5.4.3 FM 78 Mixed Use Overlay District(FM 78) The"78" Overlay District,(78) intends to provide a cohesive set of design and use standards for properties within its boundaries. The District recognizes the importance of the FM 78 corridor through.Cibolo as a local and regional commercial center, and emphasizes traffic management, mixed commercial and residential use opportunities, and management_of visual clutter through signage control,.screening and buffering. Architectural design standards are part of the 78Overlay District to pro the develo ment of pedestrian-scale buildings and define the corridor as,ani Gehes +st ctive district that irate rates brief"of land use . 4.5.4.4 Old Town Mixed Use Overlay District(OT) The Old Town Overlay District(OT) is intended to provide a cohesive set of design and use standards for properties within its boundaries. The OT District recognizes the historical fabric of Old Town Cibolo and seeks to preserve the character, pedestrian scale, and architecture of the area surrounding Main-Street. Additionally, it seeks to provide a pedestrian-oriented environment and flexibility for harmonious residential, :civic, and commercial uses, as well as context-sensitive design standards to integrate new development with the City's original core. 4:5.4.5 Town Center Mixed Use Overlay District(TC) The Town Center Overlay District is intended to provide a cohesive set of design and use standards for properties within its boundaries. The TC District recognizes the current and future importance of.this area adjacent to the Old Town District, the future extension of FM 1103 and Haeckerville Road, and generally the area's central location with respect to the ultimate city limits.The TC District provides additional flexibility to' mix residential, commercial, and civic uses. Additionally; it seeks to provide a pedestrian-oriented building environment and manage visual clutter through signage control, screening and buffering. Section 4.6 Zoning Use Regulations 4.6.1 Zoning Use Table 4.6.1.1 Authority The provisions of this Chapter are adopted;pursuant to Texas Local Government Code Chapter 211 and the City Charter. 4.6.1.2 Types of Use All the uses listed and described in the Zoning Regulation of.this UDC are defined and described in Article 1 of this UDC.The following paragraphs serve as a key to the summary table and.indicate how each specific use is treated. 4.6.1.2.1 Uses Permitted by Right A"P." indicates that a use is allowed by right. Such uses are subject to all other applicable - Ordinances. 4:6.1.2.2 Conditional Use Permit Required A"C" indicates that a use is allowed only if approved by a Conditional Use Permit by the City Council in accordance with the procedures of this Article. Conditional uses are subject to all other applicable regulations of this UDC. 4.6.2 Supelemental Use Standards . An "S" indicates that a use is allowed subject to supplemental use standards of this UDC. There are some "S" uses that are permitted by:right designates as "P-S" and other uses that require a Conditional Uses Permit by this:UDC, those uses are designated as"C-S". 4.6.3 Performance Standards for Sexually Oriented Businesses Sexually oriented business shall only be permitted only in,those zoning districts identified in Article 13 (Use Tables)of this.UDC and subject to the granting of a Conditional Use Permit, per the Conditional Use Permit requirements of Section 4.3.2 (Conditional Use Permit) of this UDC and subject to compliance with. all requirements of.City Ordinance Number 744 (Sexually Oriented Businesses). 4.6.4 Uses Not Allowed A cell that is blank indicates that a use is not allowed. 4.6.5 Article 13 Use Tables Article 13 (Use Tables) of this UDC, presents the uses that are allowed in each Zoning,District; in accordance with all Zoning Regulation standards and regulations of this UDC. Section 4.7 Lot Design Regulations The purpose of this section is to describe lot development standards for both residential and non-residential lots. This section contains standards on lot size; minimum setback requirements, and maximum building heights in order to provide for a variety of housing and land development patterns and to meet the diverse needs of the current and future residents of Cibolo, in a manner consistent with the goals,and objectives set forth in the Future Land Use Plan. 4.7.1 Density and Maximum Lot Coverage Standards Article A Lot Design Standards5 of this UDC, identifies the following development standards for lots in all zoning districts. :7:9 1' ;Maximum:DMI. meet Densit acf resident;aV oniMgfyDistnct provides a maximum number of,dwelling unIts"per acre that caro b y a� Qy laced on atractilnT marny,4,cases, the total number-of units that, cant,beplaced ons ak'_site, afte' 4 rE'r` , -.-� �r. 3eua-=a.• onsidenn�gOthe�land ap needed to accommodate infrastructure antl3environrnentaltfactors (right' �..id �. `mak -c4,aa, f wayr3drainage floodpfamsy -steep 'slopes, irnpervious� _cover ;iimitatrons, minimum4 lot rs.iz tandardsya d� et�backs and maxim lot coves a will be less than based sirri`I' on th <<aximurn_aevelo�_ment tlens� 4.7.1.2 Maximum Lot/Impervious Coverage Each development lot has a Maximum Lot/Impervious Cover, expressed as a percentage, which represents the maximum percent of impervious surface area allowed on a lot within each particular Zoning District. It is computed as the total amount of impervious surface on the lot divided by the total lot area.. Impervious surfaces on a lot include buildings, driveways, garages, porches, patios, private walks', accessory buildings, and any other impervious surfaces constructed on the lot. Building coverage is measured from the faces of the walls, not the eaves of the roof. 4.7.1.3 Lot Dimension Standards 4.7.1.3.1 Minimum Lot Area/Maximum Lot Area Minimum Lot Area is the minimum amount of square footage allowed within a lot, based on its zoning district classification. Maximum Lot Area applies only to multifamily zoning districts, in order to risure against undue concentrations of multi-family developments. 4.7.1.3.2 Minimum Lot Width The Minimum Lot Width is the minimum width of a lot measured parallel to an along the front property line. 4.7.1.3.3 Setback Measurements Side yard setbacks are measured from the side lot line with no.vertical obstructions within the setback. Front and rear yard setbacks are measured from the front and rear lot lines,.respectively. 4.7.1.3.4 Width to Depth Ratio The average depth of any lot shall not exceed four.times the average:width of the lot. This requirement shall not apply to lots platted prior to the adoption of this UDC. 4.7.1.3.5 Exceptions A. Platted subdivisions established by a duly approved plat approved by City Council prior to 4—N2N shall be exempt from meeting the lot width, depth;.and/or square footage requirements of this UDC and shall instead be subject to the lot design requirements in effect at the time the property was platted. This exemption shall also apply to those developments that obtained the approval of a Master Plan or Land Study prior to .pril 24, 2,0,1 , that are being platted:in accordance with the approved Master Plan. Those developments may continue to be platted using-the lot design requirements in effect when the Master Plan was approved. This exemption shall not pertain to expired Master Plans. B. The Front Building Setback line shall be measured from the property line to the front face of the building, Movered porch, covered.terrace, or attached accessory building. Eaves and roof extensions may project into the required front yard, not to exceed two (2') ee . Ordinary projections of windowsills, belt courses, chimneys, bay windows, cornices and other-- architectural features may project into the required front yard a depth not to exceed twelve (12") nche . C. Side Yards: Every part of a required side yard shall be open and unobstructed except for accessory buildings and HVAC equipment, as permitted-herein, and the ordinary projections of window sills, belt courses, chimneys, bay windows, cornices and other architectural features, which may project up to, but not to exceed, twelve (12") 'nche into the.required side yard. Roof eave projections may not exceed twenty-four(22 inche into the required side yard. 4.7.2 Accessory Building Lot Coverage Standards Article 151 Accessory Building Standards ofthis UDC depict the minimum lot standards-by zoning district. 4.7.3 Accessory.Building Standards 4.7.3.1 General An accessory building refers to a detached subordinate structure, the use of which is incidental to that of.the principal building. The size, bulk,-and location of accessory buildings are.limited according to Article 15 of this UDC. In every case, the maximum lot/impervious coverage specified for each district under Article 14 of this UDC shall apply. 4.7.3.2 Easements General Note 2 in Article 15 allows the placement of accessory structures built on skids within . three (3)feet of a rear or side property line, provided that the building does not interfere with the use of.any easement present. In the event that an easement_is present, permits may not be issued for the building unless the following language is stipulated to on the building permit The' owner, and any future assigns,_understand and acknowledge that the proposed buildingis located in a legally designated easement and was informed of that fact by the City. As such, the owner and any future assigns do hereby indemnify the City and entity witheasement rights against any damages that may occur to this structure in the event that the structure needs to be removed by whatever means necessary to maintain the easement. This indemnification clause may only be voided by the removal of this building . outside of the said easement. 4.7.4 Special.District Regulations .�- hnnnA I lin if Lina_i¢�nm R�GIaI II'11 G1i rein}0-0--rim -, }I.1a�4T�hrnon.�r:r�p� in�ie rlonnoaln LI ias-a-.�ic�in . ese isegairetween the appliGant and th tA e are bw types of plans that a e used in the Pi nned URjt Deve!Gpme Gess. Thol. use of eaGh plan as follo The Master Plan is intended tG serve a general land ngement plan as the first step in th it establishes the MOB general guidelines for the DistriGt by i@ , . , apo., es and- tec the MasteF Plan fbr the whole PUD d-i.qtr'r-,t.The Master Plan will beGGme an exhibit te the Ardin;4pr-E .. Oeating the PUD diStfiGt. WheFe appropriate, it is aGGeptable for the Master Plan and PLJ .. 0-4nanGe to be supplemented with a detaile-rd wrottp—n n;;rr;;tivtz ;;ncl any other exhibits, a leGessaFy PUD ill e r in .. .. 4Rique,the required infermation neGeGsa�f to review eaGh PUD will vary depending en the siz e request, the Aformat Future Land Use-.P.!-,, F-twe Thoroughfare Eve Master Plan, Ma6ter Park Plan and- the degree te WhiGh th- --;--4- Gons"stent W"' 2—. The t9tal aGreage within the propGsed • NR aGGUrate suFvey of the houndaries_ (�• rOnpeed panoral land uses Onrthe aGreage fpr each use, • RGIu�dinn Open c: driveways,�el the total number of units and the nurnbe. pe. streets, 1 appronriAt _.. GGal streets or private ring roads aGGessing the development iS optional; unique3eneral note Gr Rarrative statement refereRGe GUGh as "Pod 4 shall he deNeloped ir the developeF May propose dev ,dards DFopesed PIJ_D and re-fe-renGe other requirements of hel-10C that shall be appliGable, SUG s buffering, hndSGapinO or the like. h\ � aTl�Illr�i►� --IQ�-aye • Ainim, rn Int width and MI c 3 f, C3 9 L M aL 41 c 3 c 3 c 3 Ll I Ch -C 3 9 L - _ ..... - - _ - Now aWINNOW _ .. - - - RPM _ � - 4a � •=.—saw=.i -.%.r •emRm.. - e- - - Igp - _ . ■ ■ it ■_ WE effzrm -e ee - - - - m lamoli mi R e _ i� - ■ _ _J11Mli� - - ■_ _ ■_ _ 020-1 D MR ■_ - ■ - - _ V 1 - ■ _ e • _ - - - - ■ ■ l l M ■ WHIM `J e - Ja�- -within 48 months of the date of apprGva Rl Foper#� qf a the original PUID MasteF Plan, a Detailed Plan X-lae-:f{.ied within one f_(1) year 18--FnGnth tirne period expiration, but said Detail Plan of•. be approved 3fter reGeiving the report of the GGrnrnis6inn and after notir•e and hearing--Above—time .. _. g.na-.l PI-11 and does not reset if there Plan-th a City-rmi may shall require+hn+•.._rreinst ;Detail Plap nnmply urith any new develnn ment- 4gons - -ir- after .tinn date of theretail Plan. If�n 4)4e:ta_ll Dlrc-run-ice c-vsiprPAted ac after this 0-0--month wind the PUP Detail Plan will eXPiFe, and the City shall-initiate a Zoning to its PFiGF ZGRi apprnrad Detail Plan hall heyal{, 8r.iz mr.rnon h �-� ,-,t e� }o of its approval If a h germit has not beenL o detail plan wi 4in the `Til moRt -�i.7.5{j�-nr-1ian.�tr��ti�n-be�-�hv-cra�cnn�rcirrur�tttt.�Zn��-z-r-r�iGt7t , ljetail plan shall autnmatinally expire and nn to ger h�a�a d `h�mn�irssion may, pri�an�t�}}4}r�iJ etail t-t-1© good G use sha�nm extend up inv-nv��.Ne-l-rt•�-rnGn#I •en for whir•h the detail plan-a-s-ualid.Any additior}ai rctensaon-for i rrvrup to one !T1 year mail �e sonsldefe , but in na Gass shall-any, 1.en sin; Qe-giant ee-D mposeS nditiona or refuses to grant an extena'en of time far Whinvh there.isa r sta jetail plan, the a n Gant may anneal}he fieri inn t - - written-re :iesi 01 as in the detai plan shall be nnneidered the same as GhaRges in the I I.+r n-vc�m-rona .1-s whiGh do nG_t iDG. Thes tar tr-vie-bas' Wrt, and NhiGh do RGt---..er the Uses permitted 9F inGF.ease the density, floor area ratio + t, 8r-beverage-of-the"""u't , or whiGh do not deGIae. the off street parking ratio nr FeduG b r d on the apprgv d d tail la... $-�fBv�B�-�3�+��e�-�p6{�Ndar§--f3f the 6�te�S--ItttkfSat2v vrr cr-rc�p�rvvcv-crcrcm-}>tart�ril City Planner. GGmmissiGp-as to whether an amendment to the D�i 1®1-nit rle�r�tnII m.8 1••1strir,�t mn be approved for ��n��t.,�„,n of us Marriefate�#{n tl38se a ent Gf an Ye jernonstrated to allow for tion -P- 4.7.4.2 Mixed Use District SIImmary and Mixed-Use Overlay Definitions The following sections of this Article create a Mixed-Use District and Mixed-Use Overlay district. Below is summary table showi ng all Mixed-Use Districts and a list of definitions that shall specifically pertain to these Mixed Uses. ::Mixed.Use 1 ':Boundaries Type, ' Approval Mechanism • •:.District ,. _ :. Fixed, Regional Created by Zoning No, Expandable Mixed Use Concept Plan Approved by Employment Map Amendment, at City Council P an Z and City Council Center(MORE) sited in accordance Discretion with the MURE "Purpose” statement. Old Town Overlay District Yes, Per Zoning 0 1 acre by staff Map 0 1-3 acres, Mixed Use Concept Plan approved by-staff,with staff having discretion.to refer .. the plan to.P an Z an the applicant the right to appeal a PMM Z denial.to City Council >3 acres require P an Z and City Council approval Town Center - Overlay District Yes, Per Zoning Mixed Use Concept Plan Approved by Map P an, Z and City Council FM 78 Overlay District Yes, Per Zoning Mixed Use Concept Plan Approved by Map P an Z/Cily Council Activity Center. "Activity center" is a general :term for a Mixed-Use development that integrates a range of complementaryand mutually supporting uses and activities. Typically, an activity center includes a predominant type of use, such as commercial or employment-related, that is then supported by a mix of'one or more other uses, such ashresidential, civic, or.institutional. Activity:centers may vary in size, intensity, scale, and their mix of supportive uses, depending on their purpose; location, and context. In each case, activity centers are intended to be mixed-use and pedestrian=oriented with good connections and transitions to surrounding areas. Residences are a component of all activity centers, w ether.on-site or immediately adjacent. The activity center-should support a range of housing types'and densities within the individual neighborhoods. There are three (3) distinct types of activity centers: Neighborhood Center. Neighborhood centers are small, low-impact, limited activity centers intended to primarily service the heeds of immediately adjacent-neighborhoods, in a service area typically ranging from one half ('/) to two (2) miles. Principal uses contribute to the efficient functioning and attractiveness of neighborhoods, relate to and accommodate walkup pedestrian traffic; and do not generate noxious fumes, excessive light or noise. The mix of uses may include neighborhood-serving retail, convenience or specialty food sales, restaurants, dwelling units above the first floor, like/work units, single-family attached dwellings, general offices, or medical offices. The Md tow n, and RW i tenter Ouerla, districts arse exam .les of a Nei•hborhood Center. Commercial Center. Commercial centers are activity centers that primarily accommodate large retail establishments, which-may provide major durable goods shopping; and serve a number of residential areas over a significant.portion of the city. Commercial centers contain a mix of supporting uses,including multi- family dwellings, office, entertainment and retail uses, medical offices and clinics, and civic uses. The mix enables combined trip destinations:and supports more effective transit service and provides viable pedestrian and bicycle access and circulation. The FM 78 Overlay district is an example of a Commercial Center. Regional/Employment Center. regional/employment center is a large (thirty (30) or m&e acres), intensive activity center that combines the uses of commercial centers and employment centers and that serves the city and region as a whole. A regional activity center may be a regionalshopping mall, corporate office headquarters, or a major concentration of employment supported by a mix of uses that meets the needs of employees, visitors and residents. Primary uses include major commercial and/or employment uses, supported by a full range and mix of uses including large and small retail -establishments, general offices and office complexes, governmental and civic uses; business services,-research and development, major service uses, restaurants, lodging,child care,:personal services, and higher density_housing, as well as warehousing and'industrial uses or educational facilities. These centers are generally located at the intersection of or along major arterials, or near limited access freeways and Interstates 10 and 35. The Mixed-Use Regional Employment Center (MURE) district is an example of this mixed-use district. Build-to Line. Unlike a setback line, a build-to line is the line at which construction of a building fagade must occur- on a lot. A build-to line runs parallel. to, and is measured from, the front property line and is established to.create an even (or more or less even)-building fagade line on a street. Concept Plans Mixed Use. A narrative and graphic representation drawn to scale of the proposed development of a particular site which delineates the basic zoning and subdivision requirements-including, but not.limited to, the intended lot lines; general uses, ranges of square footages of the proposed uses and the general location of building and parking areas, points of access, primary internal circulation, contour lines, easements and required dedication areas for public facilities.:.The Concept Plan will also provide the graphic details required on a preliminary plat for those instances when it will be used as a substitute for a preliminary ' [at. The Conce t Elan shall not be used as a preliminary plat when the property is located'in a Mixed-Use Zone District. Contextual Area. A mapped part of the City that is.characterized by a general similarity of'development age, street types and patterns, and block sizes. There are two (2) contextual areas -in the City:. (1) The "older/established contextual area, known as Old Town Cibolo and 2 the "newer/developing" contextual areasuch as the Central Business District as defined in Section 1.12. Enhanced Drive Aisle: An element of a parking area,in a Mixed-Use zone district intended to provide access to parking areas, and connections for vehicles and pedestrians. It serves to define'a block structure in parking areas. Fagade. That portion of any exterior elevation on the building extending from grade to top of the parapet wall or eaves and the entire width of the building elevation. Focal Point. A visual landmark. It commonly.identifies the center of a development or area for public gathering and contributes to establishing the character of the development.The Focal Point may be a statue, a plaza, a pavilion or some other structure or focused area: Human-Scale. The relationship between the dimensions of the human body and the proportion of the spaces that people use. This is underscored by surface texture, activity patterns,colors, materials and details. The understanding of walking distances and spatial perceptions at a,human scale determines the most positive placement of buildings, and the physical layout of the community. Buildings ranging in height from two (2)10 six(6) stories, trees and pedestrian-scaled signs and streetlights, textured pedestrian paths and semi-private spaces all enhance this positive scale. Infill or Infill Development. Developmentof vacant parcels within a built-up area. Parks and open space are considered infill development, since they are permanent uses for vacant parcels. Internal'Street or Internal Street System. The systemof public:or private.streets located internal to a development site, and which may connect at one or both ends to a perimeter public street. The internal street system is intended to provide vehicle,.pedestrian, and bicycle access and circulation to all uses within-a development site. Live/Work Unit. A residential use type that combines a dwelling and a commercials pace under single ownership in a structure: The residential portion of the unit shall contain at least four hundred (400) square feet of gross floor area. The commercial space shall allow activities compatible with residential usewith respect to noise, smoke, vibration, smell, electrical interference, and fire hazard, and may include such uses as professional services and offices, and the creation, display and sale of art, craftwork, jewelry, fabrication of.cloth goods and similar activities. Mixed-Use Development. Development that combines and integrates two or more principal land uses, such as commercial, office, civic, industrial, or residential uses with a strong pedestrian orientation. The mix of uses may be combined in a vertical Mixed RMse building(s) or combined in separate buildings located on one property and/or under unified control. Pad Site. A"pad site" is a building or building site located in a retail center that is physically separate from the principal building :located within the same center. Pad sites are reserved for:free-standing, single commercial uses, and accommodate buildings that are smaller than the principal building in the center. Typical pad site uses include buildings that contain restaurants, banks, and automotive services. Pedestrian Passthrough. A feature providing unrestricted public_pedestrian access through a building or structure or, between buildings or structures. Perimeter Street or Perimeter Street System. The system of public streets that abut the perimeter of a development site, zone district, or.activity center.Perimeter streets provide access to the internal street system, thus providing access and circulation to principal uses located in the interior of the development site, district, or activity center. Phasing Plan. A graphic. and narrative document that displays the sequence and/or timing of intended development. Phasing is used to sequence the provision of public facilities. Phasing may be specified in a sequential order(1;2i 3,) or by time period (2004, 2005). .Transitions. Generally, an array of tools and techniques designed to achieve compatibility between adjoining land uses that may differ by type and intensity. _Transition.Uses. A land use that may be appropriate to be located between:land uses of different types -and intensities within a mixed-use project or in the context of surrounding land uses. Site and Building Transitions. Designing and adapting the form and mass of a building to take into consideration neighboring buildings and land uses. Landscape Buffer and Screening Transitions: The use of landscaping, berms, fences, walls, or any combination of these,,to buffer: an• screen a more intense land use from an adjacent, less intense use. Vertical Mixed-Use Building. A multi-story building containing a vertical mix of two or more principal uses. Walkway or Pedestrian Walkway. An on-site path for pedestrians and/or bicyclists that is not part of the public right-of-way and is not a public (dedicated) sidewalk or public (dedicated) trail, "Walkways" as defined herein are private sidewalks that typically combine to form a network providing Internal pedestrian and bicyclist access and circulation on a development site, and typically connect to the public sidewalk system. Wrapped Use. A retail service or other commercial use type that occupies the ground floor,of a structure and extends on both sides of a corner of a structure. 4.7.4.3 Mixed Use Regional Employment Center(MURE) District Regulations. Pur ose this,zoning district is reserved for areas suitable to provide a mix of very high density residential, retail, :office, service; research and development, institutional and clean light industrial uses along major highway corridors. The purpose of this district is to promote economic development and retail activity, while promoting traffic circulation and safety, protecting adjacent residential neighborhoods, and promoting a positive image of the community. It is expressly intended that no low-density residential dwellings will be allowed in this district and that any existing dwellings will remain as legal non-conforming dwellings.Medium density residential uses shall only be considered in the form of apartments or condominiums on upper stories of buildings where higher intensity uses are provided on the ground level. This district is intended to accommodate development of regional/employment centers. The district is for large, intensive activity centers that combine the uses of commercial centers and employment centers and - serve the city and region.The district should be utilized for significant and mutuallysupportive.combinations of commercial and employment activities. Because of their size, both sets of activities function as regional centers in terms of market for retail and employment opportunities. Higher density residential use.is also a critical component of a regional/employment center in order to assure extended hours of activity within the district and provide support for a mix of uses. Uses should include a mix of commercial and employment, uses integrated in a single, mutually supportive regional destination. These uses may range from regional mail anchor stores, government offices, and corporate headquarters to specialty retail and higher density housing. They may also include research, and development uses, major service and office center complexes, and major educational facilities,as wellas warehousing and industrial uses thatwill not diminish the suitability of the district for less intensive uses. Supporting uses may include restaurants, hotels, entertainment, childcare, civic activities, business services, lodging for business travelers, and multifamily residential uses. Uses should be concentrated and mixed to createmore diversity and synergy among uses, combine destinations; support more effective transit service, and provide viable pedestrian and bicycle access and circulation.-Mobility-choices should be integrated by providing pedestrian and bicycle connectivity within the center and to adjoining areas. B. Location A MURE zoning district should typically be located at the intersection of two major highways or arterial streets, along the city's planned arterial system, or near limited access freeways and interstate highways. Concentrated employment activities should be located within MURE zone districts whenever possible. Sites with direct access to existing or planned:major transportation facilities and compatibility with adjacent land uses are appropriate for the MURE zone district. Incentives Regulatory incentives are provided in the MURE zoning districts to encourage and facilitate creative MURE development. Following is a summary, but not an all-inclusive, description of incentives provided herein: I. Broader application of staff authority to grant administrative relief from specified development and-- design:standards to development in the MURE zoning district provided that such relief is consistent with the guidelines of this district and the Mixed-Use.Concept Plan of the MURE approved by the City Council: 2. Alternative Compliance: An applicant may propose alternative compliance to the strict application of design standards, such that the alternative: a) Achieves the,intent of the subject design standard to the same or better degree than the subject standard; b) Achieves the mixed-use goals and policies in the Comprehensive Master plan to the same or better degree than the subject standard; and c) Results in equivalent or better benefits to the community than compliance with the subject design standard. d) The procedures and criteria for alternative compliance are described below. 3. A longer term of approval for concept: plans. 4. Longer vesting of property rights connected with an approved development plan. 5. A greater number and:variety of,uses allowed in the MURE district: Process 1. Establishment of MURE Districts The establishment of a MURE district shall require compliance with the Zoning Map amendment process of this UDC, and the submittal of a Mixed-Use Concept Plan demonstrating compliance with the MURE standards described herein. The City Council also reserves the right to create Zoning Map amendments, in accordance with the Zoning Map amendment process established by this UDC, at any location where the City Council determines that it would be in the_best interest of the City to create a MURE district. Where such districts are created, it shall be the responsibility of the developer to subsequently submit a Mixbd-Use,Concept Plan for Planning and Zoning Commission review and City Council approval to develop a property in a MURE district. 2. Mixed Use Concept Plan The application to establish a MURE zone district shall include a Mixed Use Concept Plan that describes and illustrates, in written and graphic format, the intended locations andquantities of proposed uses,. the layout of proposed vehicle and pedestrian access and.circulation.systems and areas designated to meet the transitional requirements and other pertinent aspects of the MURE district described herein. In addition, the.Mixed-Use Concept Plan shall indicate how the proposed:uses will relate to the surrounding properties. Compliance with this requirement must include a conceptual graphicconcept plan thatmay be supplemented with a conceptual narrative or statement describing the project. 3. Mixed Use Concept Plan Review Criteria The following review criteria shall apply to the review of Mixed-Use Concept Plan: � General. i. Is the proposed mixed-use concept plan consistent with the City Comprehensive MasterPlan, Future Land Use Map and Future Thoroughfare Plan? ii. Is-the proposed mixed-use concept plan consistent MEE applicable City-approved master plan? Mix ofUses."es— I. I. Are the mix and location of principal uses consistent with the intent and standards of the MURE district? Ji. Are any proposed residential uses well integrated with other uses, sited in a manner that is safel well transitioned from surrounding non-residential uses and is proposed housing types and densities consistent with the purpose of the MURE district? iii. Do open spaces serve as amenities and support transportation modes such as walking and bicycling? . iv. Are build-to lines established along perimeter streets to support a pedestrian-oriented streetscape? � Access and Circulation S stems. L Do proposed vehicle, pedestrian, bike ways and:linear parks provide logical and convenient connections between proposed uses and to existing or proposed uses located outside of the MURE zone and will they establish a high level of connectivity with existing networks and proposed networks shown on the Future Transportation Plan? ii. Does the hierarchy of perimeter and internal streets disperse development-generated vehicular traffic to a variety of access points, discourage through traffic in adjacent residential neighborhoods,-and provide neighborhood access to on-site uses? Parkin• L Are automobile and bicycle parking areas located to support principal uses, minimize potential negative impacts on adjacent properties, discourage an exclusive automobile orientation and provide a safe environment for pedestrians,.motorists, and cyclists? GeneralR,iIit Infrastructure. i. Do the general utility layout, proposed rights-of-way, utility corridors and easements . show appropriate points of connection for water, wastewater, natural gas, electric and telecommunication_utilities? ii. Is the capacity, age-and condition of utility infrastructure sufficient to meet the needs of the MURE center at build-out, and if not; have proper relocation,.replacement or other modifications been shown? iii. Are utilities deigned in a manner to allow for the expansion and extension of utility networks to adjoining off-site properties and the potential expansion of the MURE district? N. Is the utility design adequate to ensure public health and.safety and fire protectiong On-Site Amenities and Landsca•in L Do the general location and type of on-site amenities provide desirable open space, create an inviting image, enhance the pedestrian environment and offer spaces for people to gather interact and rest? ii. Do landscaping themes.that relate to individual streetscapes, internal landscaping, parking lot landscapingand buffers contribute ecologically and aesthetically to the character of the MURE center and support a pedestrian-friendly environment? iii. Are areasof unique or significant natural features integrated into the MURE center? i Si na a and Li htin Sstems. : . I. Does the lighting system unify-the development- and is it compatible with, or complementary to, any surrounding neighborhoods? ii. Are signage themes designed to unify the MURE center? h Consideration of Contexfi and Transitions to Ad'acent Areas.' i. Does the,Mixed'Use Concept Plan propose appropriate transitions between different .land uses within the MURE and with existing or proposed uses outside of the MURE to ease the progression from more intense to less intense land.uses and building masses and mitigate visual impact, uses or activities that could be reasonably regarded as nuisances by neighbors? 4. _ Mixed Use Concept Plan Amendments An Amended Mixed-Use Concept Plan application shall.be submitted When- i. There is a proposed change in the general location of an approved principal use; ii. There is a proposed change in the amount, type or density of residential uses; iii. There is a proposed change in pedestrian or vehicular circulation systems, rights of-way, utility corridors or easements; iv.- There is a proposed change of use that would change the location or amount of required parking; v. There is a proposed change in uses that would change trip generation calculations; or vi. There is a proposed change to an existing phasing plan. An Amended Mixed-Use Concept Plan shall include maps of the entire mixed-use project and shall update all development information in written and graphic format since the adoption of the original MURE Concept Plan and/or the most recent amendment(s). If the proposed amendment is-minor in nature and generally consistent with the spirit and intent of the, original Mixed-Use Concept Plan, the City Planner may approve the amended plan administratively. If the amendment is more substantive in scope or in the spirit and intent of the original approved;Mixed-Use Concept Plan, the amended plan must be reviewed by the:Planning and Zoning Commission and approved by.City Council. 5. Expiration of a Mixed-Use Concept Plan A Mixed-Use Concept Plan shall expire under any of the following circumstances: I. Six (6) years have occurred since approval,of the Mixed-Use Concept Plan and no- development plan implementing the Mixed-Use,Concept Plan has been approved; or . ii. Six (6) years have occurred since approval.of a development plan implementing the. Mixed-Use Concept Plan and no building permit has been issued or any development commenced. 6. Extension of a Mixed-Use Concept Plan A one (1) year extension may be issued by the Planning. and Engineering Director or designee, provided that a written request has been received prior to the expiration of the Mixed Use Concept Plan and the Director has determined that no major changes in the City's development standards, or changes in the development.pattern of the surrounding properties has occurred. If a change occurs to the use of any surrounding property that affects a Mixed Use Concept Plan.that has expired, or that is about to:expire, an extension of time may only be granted after Planning and Zoning Commission.review and City Council approval, with the extension being subject to any conditions of approve that address:the changes to the surrounding properties that may have , occurred: 7. Phasing Plan An application to establish a Mixed-Use district shall include a phasing plan that describes and illustrates, in written and graphic format, implementation of the Mixed-Use,Concept Plan when development is anticipated to occur in multiple phases over several years:A phasing plan shall be a working document used to identify the sequence, timing and responsibility for.construction of necessary utilities and infrastructure. The requirement for a phasing plan is waived if a complete development plan for the entire,zone district is submitted. The phasing plan shall show how the project is to:be incrementally and sequentially developed. It shall show the phasing of principal uses; transition tools, pedestrian improvements, streets, utilities, drainage improvements, building areas, parking, and interim uses. It shall relate the development phases to infrastructure requirements for each phase. 8. Site Plan _Before building permits may be issued in a Mixed-Use district, a Eite Ilan that implements the. approved Mixed-Use Concept Plan must be approved. Changes in ownership shall not :be considered a valid basis or justification for a variance or an amendment to any previously approved site plan. All development in a Mixed-Use district shall be,in conformance with the approved site plan. 9. Site Plan Review Criteria In addition to the Site Plan review criteria for all development plans in the City as set forth'in the UDC, and compliance with all applicable sections of the UDC, including but not limited to the building design; environmental performance standards, landscaping and tree preservation and all platting requirements. The following additional review criteria shall apply: I. The proposed development plan will implement the_Mixed-Use Concept Plan and all.mixed- use requirements; ii. The proposed development plan will implement the mixed-use phasing plan;:E iii. The proposed development plan will demonstrate how all mixed-use district purposes requirements and standards as set forth below will be met; 10. Procedures and Criteria for Alternative Compliance Alternative compliance is a procedure that allows development to propose alternative design concepts that will fully implement, the spirit,and intent of any design standard-for mixed use development through an alternative design.. It is not a general waiver of regulations,.but.is rather a site-specific plan to incorporate an .alternative design that is equal to, or better than; the strict application of a design standard in meeting the intent of both the particular mixed use zone district and,the applicable standard. If a mixed-use concept plan or site plan is to include a request for approval of alternative . compliance, a pre-submittal conference is required to determine the preliminary response-from the City, Planner. Based on that'response, the application for a concept plan or site plan shall include enough explanation and justification, in both written and graphic form,for the alternative compliance requested. A request for approval of alternative compliance may include proposed alternatives to one or more design standards. To grant an alternative compliance request, the City Planner must find that the following criteria are met: is The proposed alternative achieves the intent of the subject design.standard to the same or better degree than the subject standard; ii. The proposed alternative achieves the mixed-use goals and policies in the Comprehensive Master Plan to the same or better degree than the subject standard; iii. The proposed,alternative.results in benefits to the community that are equivalent to, or better than, compliance with the subject design standard. ,If the City Planner determines that all three criteria are not-met, an applicant may appeal that determination to the Planning and Zoning Commission. Alternative compliance shall apply -to the specific site for which it is requested and does not establish a precedent for assured approval of any other request at any other location in.the City. E. Use Regulations In the"MURE"Mixed Use Regional Employment district, no buildings or land shall be used,and no buildings shall be ,hereafter erected, reconstructed, altered, or enlarged, unless otherwise provided in these regulations, as described below: 1. permitted Use Uses permitted by right in the MF-1, MF-2, C-1, and C-3 Districts shall be permitted, except as . may be expressly prohibited below. Institutional uses such as technical schools, hospitals and utilities are also permitted by right. 2. Permitted Uses Subject to Su R O lemental Use Rye uirernent Heavy commercial uses in the C-4 district and clean light industrial uses and research and development uses, as are ,permitted in the I-1-district shall also be permitted subject to adherence to the Environmental Performance Standards of the UDC and Performance standards described in this district. For terms of enforcing these regulations, clean light industrial shall be defined as an industrial use that has little to no environmental impact related to noise, heat, vibration, odor, and the other environmental performance standards described in this UDC, with aspects of industrial processes being contained within an industrial building and/or structure. Semi-truck docks and related loading, storage and distribution functions of permitted clean light industrial uses would be focused toward site locations that are not visible to surrounding rights-of-wayand that.are hidden by principal buildings or other screening techniques. Any outdoor operations or outdoor storage shall be completely screened and buffered from public rights-of-way and any adjoining residential zoning districts and be placed on a surface that will not create dust or non-compliance with any Environmental Performance Standard of this UDC. 3. Conditional Use Permit CUP Re uire Any use permitted in the I-1. and 1-2 district that may fall outside the definition of clean light industrial may be considered subject to the issuance of a Conditional Use Permit(CUP) by the City Council, after Planning RM Zoning Commission review and recommendation. The criteria for the approval of any CUP for an 1-2 will be the suitability of such a use in the context of the surrounding uses and the ability of the 1-2 use to contain all industrial processes to the interior of buildings and not pose a significant risk to any residential uses that may.be in the MURE development. Any outdoor storage or other outdoor uses shall be completely screened . and buffered from public rights-of-way and any adjoining residential zoning districts and shall be limited to an incidental:percentage of the total operations. Any prospective 1-2 use shall demonstrate the measures proposed to be implemented to comply with all Environmental Performance.Standards of this UDC, including, but not limited to the prevention of dust. The City reserves the right to deny any CUP request for an 1=9 or 1-2 for a non-clean light industrial, use on the basis that such requested use would be detrimental to overall development of the highway corridor or adversely affect any adjoining or-nearby properties. 4. O—IT,i6ited Use The following uses are expressly prohibited: sexually oriented businesses, mini-warehouse storage, general outdoor storage; auto impound yards,_kennels, pawn shops, surplus sales, or .outdoor advertising signs (billboards) or any other use that is not consistent with creating a -positive image for the City.Any use that is not expressly listed as a prohibited use that is denied by staff may be appealed to the Planning and-Zoning Commission and City Council in accordance procedural requirements of this UDC and the Fee Schedule for Administrative Appeals. F: ei ht Area and General Buildin Placernent Deuelo ment Standard In the "MURE" Mixed Use Regional Employment district, -the following development standards shall be applicable: 1. Floor Space. , No limit on floor space for shops, stores, or businesses except as specified herein; 2. Height. No building hereafter erected, reconstructed, altered, or enlarged shall exceed sixty-five (651) feet. Building height is limited to two and one-half (2 '/) stories, or thirty-five (35') feet when they are located within one hundred (100')feet of a property zoned;Single-Family (SF-1 through SF-5); 3. Front Yard. There shall be a front yard of not less than twenty-five (251) feet for uses permitted;.in the MF-1, MF-2, C-1, and C-3 districts and fifty (50') feet for uses permitted in the C-4, 1-1 and 1-2 district. Corner lots shall have a minimum exterior side yard of twenty-five (25'.) feet on the second front yard, the yard generally parallel.to the street with the greatest frontage, unless reversed frontage is approved by the City Planner:Frontage on third streets shall be considered as second front yards and shall be subject to the primary front yard setback requirement; - 4. Rear Yard. There shall be no rear yard setback imposed, except on those lots that border AG or any SF zoning districts. In those instances, the rear yard setback shall be twenty-five(251)feet for MFA, MF-2, C- 1, or C-3 uses,thirty-five(350)feet for C-4 uses and fifty(501)feet for.industrial uses.As a condition of CUP approval, the City may require a greater setback for any 1-2 uses, as appropriate; .5. Side Yard. There shall be no side yard setback, except on lots that border AG or any SF zoning districts, in which case side yard setback shall be twenty-five (25') feet-for MF-1, MF-2, C-1, and C-3 district uses, thirty-five (35') feet for C-4 uses and fifty (50') feet for industrial uses. As a condition of CUP approval, the City may require a greater setback for any uses, as appropriate; - 6: Zero Lot Line Setback Permitted. The City Planner may consider zero lot line.development where appropriate on those side and rear property lines within the interior of the Highway Commercial zoning district where same uses adjoin one another, subject to compliance with all applicable City Building and Fire Codes, as amended. The allowance for zero lot line setbacks does not supersede any requirements for landscaping, or buffering required by this UDC.or any applicable City.Building or Fire Codes. The zero-lot line setback option shall not apply to uses allowed by right in C-4, 1-1 and 1-2 districts except uses in those districts that adjoin uses in the.same CA 1-1 or 1-2 districts. If the City. Planner denies a request for a zero-lot line setback, the developer may appeal this decision to the Planning an Zoning Commission; 7. Width of Lot. The minimum lot width standards listed in Article 14 of this UDC shall be applicable; 8. Driveways. Drive approaches shall comply with all driveway standards of the UDC and the TIA approved as an element of the Mixed-Use Concept Plan and/or the site plan; 9. Compliance with UDC. Except as stipulated above, all other requirements of this UDC shall be applicable. This shall include, but not be limited to; landscaping; building design, environmental performance standards,. drainage, off-street parking, outdoor display an storage, buffering and/or the need for a Traffic Impact Analysis; 10. Signs. Outdoor advertising signs (billboards) shall be prohibited. On-site signs shall be permitted in accordance with the City Sign Ordinance, as amended. In those instances where a development has multiple street frontages, or have multiple uses, the developer shall have the right to submit a Master Sign Program to govern the entire development.Approval of the Master Sign Program shall be subject to Planning= Zoning Commission approval Sign Programs are designed to allow an appropriate mix.of signage necessary for wayfinding, identification of the name of the overall development project and for major anchor tenants. Master Sign Programs shall. create a unifying sign design for the entire development. If the Commission denies a request for a Master Sign Program, the developer may appeal this decision to the City Council; 11. Minimum Size of MURE District. The minimum size'of acreage that may be considered for MURE zoning shall be twenty-five (25) acres. The City Council has the discretion.to approve smaller size tracts.for MURE zoning if an applicant can demonstrate by the submittal of a Mixed Use Concept Plan how the provisions of the MURE district on a smaller scale project would benefit the City or would assist the City. The City may also assign MURE zoning to smaller sized properties in order to achieve the goal of assembling properties for the purpose of creating a conventionally sized MURE district. G. docks Access and Street Desi n Standard The single most important element in the physical and functional integration of mixed-use development is vehicular and pedestrian transportation networks and orientation. The overall layout of a mixed-use project is built around a viable transportation network that provides for superior movement of automobile and truck . traffic and includes pedestrian-friendly improvements to generate a high level of pedestrian activity and connectivity between different land uses. The framework for a pedestrian-oriented layout has three main components: 1) a block structure that reflects a walkable arrangement and positioning of uses, 2) building placement, orientation, and design,to enhance the pedestrian environment and streetscape within that structure, and 3) a street network to define the block edges, create continuous,pedestrian connections; and. integrate pedestrian travel with other modes of transportation. 1. Block Design The following block design guidelines are intended to provide for enhanced automobile and truck access efficiencies.and create pedestrian-;oriented development by establishing a well-defined pattern of walkable blocks and intersecting streets, attractive and well-designed streetscapes that are human-scaled and pedestrian friendly. Buildings must relate appropriately to surrounding mixed uses and create a heightened sense of place, by providing safe, efficient and convenient vehicular . access.and circulation patterns, in concert with pedestrian-friendly development designs. . a. Block Standards L Block standards shall apply to all developments contains four (4)-acres or more of gross land area. ii. . All development shall be arranged in patterns.of interconnecting streets an blocks, while.maintaining respect for the natural landscape and floodplain. iii. Each block shall range between a minimum of 200 feet and a maximum of 600,feet. iv. The average block length standard across each development site and the entire MU RE district shall be a maximum of five hundred (500)feet, except for those uses where the scale of operations requires additional block length._ V. For block lengths that exceed 400 feet, a mid-block pedestrian pass through shall be provided, where practical, connecting opposite sides of block faces. For large scale industrial .operations, this-requirement may be waived if this requirement is not practical. vi. An applicant may submit alternative block standards, provided that such alternative achieves the intent of the above standards and the procedures and criteria of this section. vii. An enhanced drive aisle should be used to frame block frontages that consist entirely of surface parking areas. viii. For blocks that contain non-residential-uses, midblock through-alleys are encouraged to.enable secondary vehicle access. ix. . A block is defined as a tract of land bounded by.streets, or a combination of streets, driveways, open space, or easements right .of way, shorelines-of waterways, or boundary lines of municipalities. Blocks shall generally adhere to the design standards depicted in Diagram,I below; subject to permitted design deviations created by needs of specific large scale uses or developments that result in private streets and/or internal access drives. Mixed Use Diagram 1 Street Design an Pedestrian Connection Concepts F___._—_. Collector 1. —7777 Aw M N tl 1 f f :MinarArtorial — - _ ,, _ ' --j �r� Pedeelrnin ConncelioDs. --- I . . .d Mix Use Sltcs. b. Vehicle Access, Circulation, and Connectivity Standards i. :Vehicle access, circulation, and connectivity in all Mixed-Use districts shall be subject to the approval of a Traffic Impact Analysis (TIA) prepared in accordance AASSHTO- standards and generally accepted traffic engineering standards. ii. Streets and access shall be provided in accordance with the Future Thoroughfare Plan, all transportation requirements of the UDC and the Cibolo Design and Construction Manual. iii. Streets and access shall be provided in a manner that relates appropriately to existing roads, perimeter streets and driveways. iv. Within any .mixed-use district, cross access easements and/or common shared driveways shall be :required to ensure access between uses and to reduce traffic congestion on public streets. V. Where the entire frontage along an internal block face consists of:parking areas, an enhanced drive aisle may be utilized in lieu of a street to provide access to the parking area provided that the TIA demonstrates that the throat length is sufficient to provide adequate stacking s ace and driving lanes into and out of the enhanced drive aisle to allow-safe ingress Megress and minimize traffic congestion. vi. Development in Mixed.Use districts shall be based on a block structure that is consistent with the block standards contained herein, in accordance with the UDC and in a manner compatible with existing streets and blocks. - vii. Internal streets in Mixed Use districts shall be aligned to connect with existing or proposed external streets of equivalent functional classification .in order to create through street connections from mixed use development to adjacent development. When- necessary to prevent cut-through traffic from entering adjoining residential areas, street alignments shall be discontinuous and traffic calming improvements shall be utilized. viii. For new Mixed-Use developments that are four (4) acres or more in total gross land area, internal circulation shall be provided through an internal street system and multiple blocks, ix. Internal streets provided according to this section may be public or private. All public and private streets shall be designed and constructed according to the .policies, standards, and guidelines governing street design of this section, the UDC and the Cibolo Design and Construction Manual. H. Pedestrian and Bicycle Access, Circulation and Connection 1. Pedestrian friendly design is integral to efficient circulation in a.mixed-use development. Mixed use center visitors and residents should be encouraged to walk via a carefully designed, safe and enjoyable network of sidewalks and walkways. Easy, reasonably direct access should be provided to buildings,amenities, parking, and bike paths.There should be frequent,well placed connections to adjacent land uses to encourage neighbors to use alternative.means of transportation to visit the center. Pedestrian crosswalks should be designed so that pedestrians are as safe as possible. Development of appropriately designed crosswalks is encouraged for the safety and convenience of pedestrian street-crossings. The goal is to place at least as much emphasis on alternative modes of transportation axon auto access; 2. These standards are intended to ensure a safe and convenient system of well-connected pedestrian ways and bikeways. These facilities shall be designed to link MURE developments with adjacent uses, including residential areas, shopping; employment,centers, recreational facilities, open space, parks,:transit stops, and schools. Within individual developments, safe and convenient pedestrian and; bikeway systems shall be provided-that directly connect buildings, parking areas, open space,transit stops,services,on-site amenities,and other areas of interest. 3. Mixed Use developments shall provide and contribute to an on-site. system of pedestrian walkways, sidewalks, and bikeways to provide continuous access to all uses within a development site:and to land uses on adjacent properties, per the UDC and Cibolo Design and Construction Manual. 4. Connectivity Standards. All new development shall provide pedestrian and bicycle systems that provide continuous connections with off-site destinations according to the following standards: a) Safe and convenient bicycle and pedestrian access from the development site shall be provided to existing and designated public bike paths or greenways located on or adjacent to the development site. b) Connections shall be made to provide direct pedestrian and bicycle travel from within thedevelopment to adjacent uses and perimeter sidewalks. c) Where a Mixed-Use district is located adjacent to a signalized street intersection, a pedestrian walkway shall connect the on-site pedestrian-system with the intersection. d) Connections from a perimeter public sidewalk system to:the on-site sidewalks shall be made at the same block length interval as exists within the development site to the greatest extent practical. e) Within all Mixed-Use districts, each development shall provide an on-site system of pedestrian walkways or public sidewalks throughout the Mixed-Use district. On-site pedestrian circulation systems shall provide the most efficient access route.between the intended points of travel. Specifically, on-site pedestrian connections shall be provided to and between the following points:. f) The primary entrance or entrances to each building containing a principal use; g) Greenways or,trail systems; and h) On-site amenities. i) Pedestrian networks must be provided that provide linkages to primary Mixed-Use development destinations to prevent short cuts through landscape areas or unnecessary driving. Consequently, sidewalks should be planned early in the site design process and should be broadly depicted on the Mixed-Use Concept Plan. j) All developments served by on-site parking in surface lots or parking structures shall provide either a sidewalk along the perimeter of the block or a designated pedestrian walkways through the parking-lot, extending from the rows of parking furthest from the building served to either a building entrance or to a sidewalk or walkway leading to such entrance. k) Where an internal block face exists or is proposed greater than four hundred feet (400'), a pedestrian walkway shall be included through,the parking lot, separate from streets, such that the four hundred-foot(400') minimum distance between walkways is achieved. Alternative compliance may be allowed as described in this section. . 1) Where an enhanced drive aisle forms the perimeter of a block, sidewalks shall be provided on both sides of the drive aisle. I. Parking. The purpose of this section is to ensure the provision, location, and design of off-street parking areas that accommodate motor vehicles while balancing the needs of pedestrians, bicyclists, and transit users with the use of the automobile. Parking areas are secondary=supportive of the primary land uses on the site. 1. Generally, the.parking requirements of the UDC shall'be applicable to all Mixed-Use districts. The City, however, recognized that the unique nature of mixed-use development poses challenges to providing adequate number of parking for mixed use projects or.a wasteful surplus of parking spaces and impervious cover. This is particularly an issue in mixed developments that combine residential and non-residential uses that have unique parking needs, such as hotels, restaurants, medical uses and high density residential: Consequently, the City will allow the submittal of a Parking Demand Analysis developed specifically to quantify the off-street parking requirements for a specific landuse or mix of land uses. Sucha parking analysis shall be prepared by qualified professionals and shall be subject to City approval through the Mixed-Use Concept Plan process,without the need for variances from the parking standardsof the UDC. 2. Exemption for Off-Street Parking in Structures. Required off-street parking spaces provided within a parking structure (either above or below grade) shall be exempt from the maximum off-street parking amount established above. 3. Shared,Parking Standards. The amount of off-street parking required for a Mixed Use development may be reduced by an amount determined by the City Planner when it can be demonstrated through a parking demand. study that sufficient parking is or can be met by the subject uses through shared parking. The parking demand study shall provide information and evidence about the anticipated parking demand at peak times during a day and the distance relationship between available shared parking spaces and the specific uses served. 4. Shared Parking Encouraged. To promote an overall reduction in parking, the use of shared parking shall be required when the development is under the control of a single owner/developer and contains commercial, retail, office, institutional, or other uses with staggered peak parking demands. 5. Shared Parking and Cross Access Agreements. Where shared parking is provided, a shared parking and cross access agreement between the cooperating property owners shall be approved by the City Planner and _recorded prior to issuance of a building permit. This agreement must.be recorded as a deed restriction on both properties and cannot be modified or revoked without the consent of the City Planner. If any requirements for shared parking are violated, the affected property owners must provide a remedy satisfactory to the City Planner or provide the full amount of required parking for each use, in accordance with the requirements of the UDC. 6. Maximum Total Reductions. Total cumulative reductions to the minimum off-street parking requirements shall not exceed twenty-.five (25%) .percent of the total number of spaces required by the UDC, unless an additional reduction in spaces is quantified in a parking demand study approved by the City Planning and.Engineering Director or designee. 7. Parking Location and Layout. The purpose of these standards is to ensure that the location EM.design of off-street parking areas balance the needs of pedestrians and automobiles on the site. The location and layout of parking_areas should support the pedestrian environment as well'as contribute to efficient automobile access and circulation. 8. On-site, Off-Street Surface Parking Standards and Building Orientation. Off-street surface parking provided on-site for development within a Mixed-Use district shall be located according to the following standards: a) Off-street parking shall be context sensitive. In Mixed Use districts where buildings are located close to public rights-of-way, parking shall be provided on the rear side of the _. building. b) Off-street, surface parking areas shall be located at the side, to the rear, or at the face of a building-that does not front along a street. No off-street parking shall be located between a building and the adjacent street frontage unless the parking field is buffered from the right-of=way view by berms, landscaping or'decorative monumentation. c) All off-street surface parking areas shall be-located within a designated block.For block faces that are composed-entirely of surface parking lot areas, a street or enhanced drive aisle e—{V 4 that provides a detached sidewalk, defined pedestrian crossings, and street or parking lot trees along the block face shall border the block face. d) , Rear sides of buildings with associated parking fields that back up to public rights-of- way shall be permitted subject to back of the building having a.decorative design and limited service areas, such as truck docks, to ensure an attractive streetscape. e) Off-street surface parking areas that serve buildings fronting on an entry/spine street should be located to provide the earliest possible access to automobiles after they have entered the site. f) The use of alternative pervious parking surface materials, such as deo-block, may be utilized. 9. Parking Structures Standards. . a) Off-street-parking facilities in above-grade structures shall comply with.the following standards: L Blank walls are prohibited. Parking structures shall be visually similar in character and scale to adjacent buildings.. ii.. Except on sides abutting an alley, all floors above the ground floor of the parking structure shall have architecturally articulated facades designed to screen the view of parked cars. b) Vehicle entries/access to off-street parking structures shall be.integrated into the placement and design of adjacent buildings ororiented away from the primary street frontage.At a minimum, parking structure facilities shall have user vehicle access from locations that minimize conflicts with pedestrian circulation. c) Ground Floor Use and Design -- Nonresidential Parking Structures When a parking structure provides commercial parking or is integrated into a building containing primarily nonresidential uses, at least eighty (80%) percent of th-e ground floor of any side of an above-grade parking structure that is adjacent to.a public street (except an alley) or adjacent to-a public open space/plaza shall be constructed to an adequate depth to permit future occupancy by any commercial or other non-parking principal use allowed in the district.The ground-level facade of the structure for at least the lowest twelve (12) vertical feet (1St story) of the.structure and shall include at least three (3) of the following features designed to create an attractive ground level garage design appropriate for the MURE: Facade articulation and modulation through changes in vertical wall plane and/or a change in.building material; • Use of real windows.with glazing that may be translucent, but shall not include black or mirrored glass or similar opaque glazing; • Integration of multiple building entrances. . • Use of false windows defined by frames or lintels and sills; Buffering of the street edge with landscaping, berms, or landscaped planters. d) Ground Floor Use and.Design --.Residential Parking Structures When a parking structure provides parking for residential uses in the area, or when the- structure is integrated into a residential building, the applicant shall-either: i. Follow the design standard for Nonresidential Parking Structures.described above; or ii. Integrate non=residential uses into the ground level of the parking structure iii.. Use a combination of non-residential. uses the ground-level fagade of the structure elements described above for at least the lowest twelve (12)vertical feet (1s' story) of the structure and shall include at least three (3) of the listed design elements to create an attractive ground level design of land uses and- design elements appropriate for the MORE: •. Use of real windows with glazing that may be translucent, but shall not include black or mirrored glass or similar opaque glazing; • Integration of multiple building entrances. • Use of false windows defined by frames or lintels and sills; Buffering e) Incentive for Parking'Structures Subject to approval-by the City Planner, if off-street parking is provided.in a structure (above or below grade) that is integrated into the design of a building containing a principal use, the maximum building height'may be increased by up to 25% of the height limitation.of the Mixed Use district. .J. Landscaping and Screening. 1. In addition to on-site amenities, landscaping in mixed use developments is applied primarily in -three settings: parking lots, streetscapes and walkways, and at the edges of a site. In all three cases, a thematic approach to landscape design can enhance the pedestrian environment, unify the different elements of the project,-and impart a well-defined character and image. Landscaping shall be provided in accordance with all landscaping, screening and buffer requirements of the UDC, with an emphasis placed on the appearance of the site from rights-of-way and from any adjoining residential uses within, or outside, of the Mixed-Use development. 2. Required parking lot screening requirements shall apply to both perimeter and internal:streets. Surface parking spaces shall be screened from right-of-way views to a minimum height of forty- two (421) inches above street elevation by using berms, plantings- and/or decorative structures. 3. Use of Screening Structures In Lieu of Plantings The use of structures such as masonry walls or ornamental fencing for street-side parking lot screening purposes shall be permitted in lieu of plantings. Structures shall be a minimum of forty-two (42") inches in height from street elevation. 4. In order to encourage infill and redevelopment in Mixed Use districts on constrained sites containing less than ten (10) acres and bordered by developed land along the entire perimeter (excluding intervening public streets), the following exceptions to the parking lot landscaping requirements above are available to such infill and .redevelopment occurring in an Older/Established Contextual Area: a) The :City Planner may reduce the 20% landscaping requirement up to fifty. (50%) percent of landscaping requirements if trees planted along the site perimeter also serve to screen and shade the interior of the parking lot and fully buffer any protected use: 5. Tree Preservation as Administrative Relief: The preservation of valuable protected or heritage .trees may serve as a credit in lieu of required shade trees as provided in the UDC 6. All screening and buffering requirements of the UDC shall be fully applicable. Outdoor storage, where. permitted, shall be fully screened and shall only be permitted on a dust free surface material. 7. Required street trees in mixed use zone districts may be.placed in the public right-of-way at locations that will not damage sidewalks, curbs; street or;utility improvements. Street trees shall be planted along all streets in a Mixed-Use district. K. Use Context and Use Transitions. One essential element to provide for the long-term success and viability of Mixed-Use districts in the City is the provision of transitional uses and use context between different land uses. This is essential to ensure public safety, maintain livability for residential uses within Mixed-Use districts and ensure the long-term viability of the Mixed-Use district. Transitional context sensitive measures are also essential to ensure that a. Mixed-Use district will not adversely affect the viability of existing .or proposed uses outside of, but adjoining, a Mixed-Use district. Appropriate transition measure between variable. land uses within and outside of the Mixed-Use development must be developed at the conceptual stage-of developing a Mixed- - Use Concept'Plan. For that reason, all Mixed-Use Concept Plan must clearly designate the techniques that are proposed to provide appropriate transitions and to-ensure-that the Mixed-Use development is .contextually sensitive.to existing development outside of the Mixed-Use development. 1. Transitions can;be provided by the developer by using any of the following techniques, or by a combination of techniques: a) Space (Distance) b) Earthen Landscaped Berms c) Landscaping (Dense Evergreen Shrubs and a Mix of Trees Jn Layers) d) Decorative Fences/Walls e) .Decorative Building Designs, Quiet Building Sides, Limiting Upper Story Windows f) Road (Tree Line Boulevard or Parkway Design) g) Green Belt/Tree Preserve, Common Amenity Area or a Wet or Dry Storm water Pond or Linear.Park h) Reduced Building Height/Building Bulk Step-downs i) Land Use Transitions from Higher to Lower Use Intensities j) Implement Green/LEED Design Concepts k) Building Layout and, Screening Techniques that confine or internalize impacts of more intensive uses on less intensives uses 1) Innovative Spatial Land Use Planning Techniques such as creating common areas or pedestrian ways between various intensities of land uses m). Any other alternative measure(s) that will provide a suitable transition and ensure safety and compatibility between uses n) Limit-Uses to those businesses that generally operate between 8 R to 5. ©, disallowing uses with outdoor operations and other activities in certain use areas or limiting any other operational aspect(s) of development. Transitions between adjacent land uses with different intensities are typically achieved_through - back-to-back building orientation, attractive building design, large-distances between uses and landscaped buffer areas per 910ANW.R. Section 17.1. . Accordingly, the following standards and guidelines encourage the use of alternative transition tools, including site/building transitions(such as reducing the scale of commercial_building mass next to residential), and development of less intense land uses.between commercial and single-family residential areas (such as lower-intensity office, civic/open space, or-multi-family land uses). Limited operational compatibility standards are offered as a tool to further ease transitions from more intense to less intense land uses. Landscaped buffers, walls, and fences-are used only when these other alternative transitions are not effective or not possible, given site conditions and constraints,or not desirable given prevailing development patterns in a specific area. 2. Transitional Standards. a) . Development of a more intensive land use adjacent to an existing, planned or zoned less-intensive land use, either inside or outside the Mixed-Use district boundary. The City Planner shall have the authority to make a final determination regarding relative intensity of adjacent land uses, taking into consideration, at a minimum, the relative size, design, operations and traffic generation patterns of the adjacent land uses; and b) Require mitigation techniques to mitigate negative impacts, uses or activities on a project-that, as determined by the City Planner; could reasonably be regarded as a nuisance for neighbors. c) Transitional determinations made the City Planner may be appealed to the Planning and Zoning Commission. 3. General Transition Tool Guidelines. a) When a transition tool is required, an applicant shall incorporate site.and building transition tools, green/open space transition tools, and transition uses before using landscape buffers or screens. b) The following are approaches, methods and techniques that are permitted transition tools under this part: i. Site and building.transition tools, including but not limited to, building setbacks as established by surrounding development, building placement and orientation as established by surrounding development, similar building height, similar building width, similar roof form, similar building materials, and facade articulation H. Green/open space transition tools, including but not limited to the use of courts, squares, parks and plazas, and use of-natural features such as topography, waterways,'and existing stands of trees. iii. Transition uses and other community serving uses as transitions, such as, but not limited to the transition uses and siting lesser intensive uses at the perimeter of the Mixed-Use district. iv. Parkways, streets and streetscapes; V. Operational standards, and vi. Landscape buffers and screens. c) .Mixed use development should employ the following techniques asapplicable.to ensure compatibility with surrounding development. For purposes of these transition tools, the term "surrounding development shall mean (1) immediately adjacent . development on the same block face or on facing blocks as the subject site, as well as. (2) prevalent patterns established in the existing neighborhood located within one- quarter mile of the subject development site. d) . Use similar building setbacks, as established by surrounding development;, e) Use similar building placement and orientation, as prevalent in =surrounding development; f) Use similar building height as exists for immediately adjacent development(e.g., step down the building height of the more intensive land use to approximately match the building height of an adjacent, less intensive land use); g) Use similar building width, as prevalent in surrounding development; h) Use similar roof form and building materials; as found on immediately adjacent development; i) Mitigate the larger mass of commercial, civic, and industrial buildings with facade articulation; j) Use front-to-front nonresidential to residential building orientations, especially with commercial uses that are pedestrian intensive (e,g., restaurants, banks); k) Orient land uses with potentially adverse impacts; features, or uses. away from neighboring uses. For example, avoid placing garages, parking lots, or service areas facing the fronts of neighboring buildings. 4. Green/Open Space Transitions. Mixed use development may employ the following techniques to provide transitions and ensure compatibility with surrounding development: a) Use small-green spaces, courts, squares; parks, plazas, and similar spaces as transition areas.that can also function as community gathering places; b) Use existing natural features as.transitions, including natural differences in topography (not retaining walls), streams, existing stands of trees, and similar features. When existing natural features are used as transitions;the City may still require that adequate pedestrian connections to adjacent land uses be accommodated. 5. Transition Uses and Other Community-Serving Uses as Transitions. a) An applicant may site a transition use, as specified on the Mixed-Use Concept Plan, or any other similar use, as transitions to lower intensity adjacent uses, such as residential; b) For example, when office, small-scale retail, pedestrian-intensive retail, civic, or public uses are planned as part of the samedevelopment containing more intensive commercial uses, the applicant may site the less intensive uses or more community serving uses as transitions to lower intensity, adjacent uses, such as residential. Banks,' and restaurants—all of which are community-serving uses—may be sited next to, and/or fronting, adjacent medium-density residential uses. 6. Parkways,Streets, and Streetscapes. The distance and separation afforded by the public right-of-way, together with similar or the same type of streetscape improvements on both sides of parkway or street may be utilized as a transition . to adjacent development. 7. Landscape Buffers and Screening Transitions. Where application of the transitions tools listed above are not possible, or where the City Planner determines these transition tools by themselves do not create an adequate transition to or buffer for less intensive land uses, the landscape buffer and screening requirements of the UDC may be utilized. 8. Operational Compatibility Standard. The City Planner may impose conditions that impose operational: compatibility standards, or accept formally recorded Deeds, Restrictions and Covenants that regulate discretionary development actions:of end users to ensure that development in a Mixed Use zone district will be compatible with existing andplanned neighborhoods and uses;, including but not limited to conditions regarding the following: a) The availability or ability to develop specific uses.otherwise:allowed by the UDC,;. b) Hours of operation; c) Hours of deliveries and other similar uses; d) Location, intensity and hours of operation of exterior lighting, including security lighting; e) Placement of trash receptacles; f) Amplification of music in a place of entertainment; g) Location of delivery and loading zones; and h) Placement and illumination of outdoor vending machines. 9. Transitions along the Public Right-of-Way. a) Within a mixed use zone district or other commercial center or Mixed-ITse Mevelopment, vehicle drivers on the adjacent public rights-of-way should be able to recognize the increased presence of pedestrians and bicyclists; who in turn should perceive the improved accommodation of alternate-mode travel and increased personal safety in these places; b) Incorporate medians and islands into streets for pedestrian refuge; C) Enhance mid=block and intersection crosswalks with respect to paving treatments, signal activation, curb cuts, and similar elements; and d) Integrate a sidewalk and pedestrian walkway system into the development's on-site circulation patterns. Emphasis should be placed on connections between front doors, parking, and transit. L. SIGNAGE. Signage in a Mixed-Use ®enter is important not only for effectively guiding vehicular and pedestrian circulation, but also for establishing a project identity. Locational, directional, and-tenant signage provide necessary orientation for users. It is also important for marketing the various uses and creating a positive image of the development..Signage that is designed according to a theme consistent with.the overall design of the development serves to unify the center. 1. The signage in a Mixed-Use Renter is to be coordinated to provide a unified signage design. Signage is to be planned to clearly identify different use areas, complement the pedestrian nature of the center and shall be integrated to complement the architectural consistency with the overall design of the building that the sign identifies or of the center. The unified sign design elements should identify a recognizable character for sign design that contributes to the character of the center.:.Signs should reflect the character through consistency of materials, illumination, sizes, proportions and locations. 2. Signs should be carefully integrated within the site, landscape and architectural design context within which they.aee located. Size, shape and proportions should be compatible with the size and scale of the surroundings and should not compete with or obscure other design features of the site, landscape or structures. Signage :should also provide attractive and appropriately placed designation of primary entrances. 3. Near residential uses, lighting should be reduced or extinguished during nonbusiness hours or at a certain hour in the evening, to reduce adverse impacts of commercial lighting on residential use. Internally illuminated signs or awnings.are generally discouraged. M. ROADWAYSITRANSPORTATION. Mixed use centers will incorporate all modes of transportation (motorized vehicles, bicycles, and pedestrians) both safely and.efficiently by meeting the design standards outlined in the UDC and Cibolo Design and Construction Manual. Sinceixed-Mse developments tend to create higher traffic impacts than those that are strictly residential, ®fixed-`,se enter will be limited to locations along.arterial and collector streets,with the cross-street for an arterial being no less than a collector. This will minimize the impact on adjacent residential neighborhoods. 1. Access and Connectivity.: Access and,connectivity for all modes of transportation is key: to developing viable mixed-use centers. Access to mixed use,centers needs to be safe for both vehicles and pedestrians. Mixed use centers must also maintain good connectivity and- safe pedestrian crossings while not overburdening the regional transportation system with traffic signals. The following access standards are to be met-for a mixed-use development: a) A minimum of one access point per property ownership shall be permitted,which maybe jointly shared with adjacent properties; b) Signalized access will only be allowed where approved, by the City Engineer based on the recommendations of an approved TIA and in accordance with all AASHTO standards and only when traffic impacts are forecast to meet signal warrants as identified in the Manual on Uniform. Traffic Control Devices (MUTCD). Pedestrian signals will be allowed- when traffic and/or pedestrian impacts are forecast by the Traffic Study to meet signal warrants as defined in the MUTCD. The installation of traffic and pedestrian signals for proposed development will not be the responsibility of the City; c) To determine the placement of a signalized access when warrants are met, a progression analysis shall.be conducted within a traffic study for existing plus-site generated traffic and for twenty-year horizon conditions in order to. meet City_standards for traffic flow along an arterial or collector street corridor; d) Signalized access will only be allowed for streets constructed to City standards; e) - Mixed use developments will be based on a block structure to provide connectivity and to allow block length combinations that,will provide flexibility in providing pedestrian access and signalized access when warranted. Block lengths, as measured from curb face to curb face, will be a minimum of two hundred (2001) feet and a maximum of six hundred (6001) feet, with the average of all block lengths in a mixed-use developmentnot to exceed five hundred 5001) feet. No vehicular access will be allowed into mixed use centers within six hundred (600) feet of two intersecting principal arterials or higher classified roadways..Pedestrian and/or bicycle access into the site will be required within two hundred (2001) feet of two intersecting principal_ arterials; f) Left- or right-turn storage lanes .may be required along arterials or parkways and along entry/spine streets that provide access to a mixed-use center.The specific design of such lanes shall be based,on twenty-year traffic projections for that roadway and meet the guidelines outlined in the Cibolo UDC and Design and Construction Manual; g) Driveways that provide access to parking lots from perimeter streets into mixed use centers shall be of sufficient length to allow vehicles to enter the center and not be obstructed from on- site conflicts in which traffic queues onto the public or;private street system. The greater the peak hour traffic demand for the mixed-use center, the longer the unobstructed driveway must be. The unobstructed length shall be measured from the back of the sidewalk or the stop bar exiting the site to the first intersection back of.curb or parking drive aisle., minimum driveway lengths €ems of^.'�rm',o<9g:- eference Ci of Cibolo Desi•n Cons;ruction Manual h) Pedestrian access shall consist of sidewalks and an on-site system of pedestrian walkways as identified in both the pedestrian assessment portion of the Traffic Study'and in the pedestrian circulation plan submitted as part of the Mixed-Use Concept Plan. Sidewalks and on-site walkways shall provide direct, continuous access between the intended points of travel. Specifically, pedestrian connections shall be provided to and between the following points: . From arkinto the •rima entrance or entrances to each buildin housin• a ,rinc'r a U,se; - i. Any sidewalk or walkwa, on adacent ro•erties that extends to fihe boundaries shared ith fihe deveiopment; 'ii. Any public sidewalk s, stem alonthe erimeter streefis ad'acent to fihe develo•men ite; an• . 'v. An, •ublic amenities i) All sidewalks, pedestrian walkways, or trails shall have,and maintain a minimum unobstructed pathway width of six (61) feet and be detached from the back of curb, unless otherwise referenced. 2. Pedestrian Environment. Following are the pedestrian standards to be maintained for a t\llixed-Us 'development: a) A pedestrian assessment study will be conducted as part of the traffic study for a mixed-use center. In addition to the other information required as part of the traffic study, the pedestrian assessment shall provide information on estimated hourly pedestrian and vehicular traffic for the mixed-use development; b) Entry/spine streets shall be required for all mixed-use developments. Entry/spine streets are intended to provide the main access from arterial streets into the center and are intended to identify that a motorist has entered.a "unique" area. Entry/spine streets are also intended to concentrate and provide a safe route for pedestrian and bicycle ingress and egress into and . out of the mixed-use development; c) Clear sight distances free fromobstructions must be maintained to allow vehicles to safely - make turns.at intersections and for pedestrians to have adequate time to cross the street. Therefore, the UDC Site Distance Requirements will be applied to proposed projects.. Intersection design shall meet MUTCD guideline's and may include enhanced crosswalks with directional ramps, pavement treatment, median refuge islands and pedestrian indicators; d) Pedestrian refuge areas or medians will be required on all roadways classified as major collector and above; e) All pedestrian crossings shall comply with the standards set forth in the Americans with ... Disabilities Act (ADA), UDC, or Cibolo Design and Construction Manual, whichever is the stricter rule. Pedestrian ramps shall be oriented directionally.only. f) Delineated crosswalks with patterned surface can be effective traffic control devices; however, they should not be used indiscriminately. It has been shown that pedestrians may.develop a false sense of security regarding their use of a marked location and step into the crossing without adequately checking for oncoming vehicles. Information from the pedestrian - assessment will be evaluated .based on AASHTO, standards and generally accepted transportation engineering standards. N. Utilities. The design.of a mixed-use development is to occur in a comprehensive manner, where land.uses, site layout, utility corridors, landscaping, lighting and other infrastructure are designed in concert with one another. This will especially apply to utility design work, where advance planning and layout will facilitate construction, operation and maintenance, both from a functional and aesthetic standpoint. When submitting the Mixed-Use Concept.Plan the following information shall be provided: a) A plan identifying the points of interconnection for water, wastewater, gas, and electric. b) A map showing the general corridor and initial layout for each utility. c) Demand calculations for each utility under full build-out conditions. d) A summarydescribing current utility infrastructure in the area of.development. This summary shall include the age and condition of the infrastructure, and any proposed modifications (including relocation and replacement). Capacity issues and load requirement of the proposed mixed use shall also be identified, including any impacts on existing infrastructure. 1. Supply and General Standards. a) Each utility will determine if existing-mains and service lines are adequate to serve the proposed uses. Modification of existing utility lines used.to support the new development, if required, shall be at the developer's expense; b) _Fire service and hydrant lines installed for commercial or multi-family residential use require independent connections to the water mains; c) Where available, recycled or reclaimed water should be used for landscape irrigation.The City encourages the creation and/or extension of recycled or reclaimed water mains and the use of recycled or reclaimed water for irrigation; - d) Consideration for wastewater hydraulics should be included in the Mixed-Use Concept Plan. Modifications of existing infrastructure to achieve the required flow-rate should be at the developer's expense; e) .Private main agreements may be required for parcels with limited access to public facilities; f) Access to utility infrastructure-is-of prime importance and shall be maintained to City standards . for all public streets and utility easements; g) .The initial Mixed-Use Concept Plan should show all proposed rights-of-way and utility corridors and easements; h) Easements shall be provided for all public water lines and hydrants not located in,a public right- of-way. Changes in location of utilities or final transformer, fire hydrant or meter locations may require granting of additional easements. 2. Street Lighting. a) Street lighting systems, when provided, should be located in the utility corridor of the parkway area of the ROW. To..the extent possible, public streetlights should be limited to public roadways and utility easements in private.roadways; b) Public street-lighting should be installed and maintained by GVEC(and CPS where applicable). All other lighting for onsite streets, pedestrian walkways, bikeways and parking lots should be installed and maintained by the developer. The spacing, location, height, fixture style, light source-and level of illumination shall be subject to the standards and review of GVEC or CPS. Other types of light poles or luminaires/fixtures may be installed, subject to the approval of GVEC or CPS. 3. Landscaping. a) Fences and substantially sized landscaping shall be prohibited in utility easements. Flowers, grass and groundcovers shall be required to cover all easements. Small shrubs maybe planted at the developer's:risk in the event that the easement needs to be maintained. No trees shall be placed within iftee (151)feet of the centerline of any wet utility; b) ,Cibolo main and service lines that run under decorative rock, landscaping, or specialty paving may be required to be sleeved or encased to protect the integrity of the main and service lines and minimize damage to landscaping in the event of required maintenance. 4. Cable and Telecom. Cable an telecommunications facilities may be included in a joint dry trench, subject to the agreement of each utility. 5. Storm Water Ponds and Drainage Easements. The Mixed-Use Concept Plan should show storm water ponds and easements necessary to comply with the UDC and City Design and Development Manual. O. COMBINING MURE DESIGN ELEMENTS INTO A MIXED-USE CONCEPT PLAN .This section shows a potential layout for a mixed-use development_to demonstrate how the various Provisions, standards, and guidelines in this section can be applied in concert to a mixed-use development. Given the potential range of site sizes, conditions, locations, contexts, uses, intensities, building types, and transitions, there is. no limit to the possible variations in layouts of mixed sites in Mixed Use districts. The purpose of this hypothetical design is to take just one possibility as an illustrative example for applying specific code sections,design standards, and guidelines within the context ofa. unified site plan for a mixed- use development. The illustrations are in the order-of an idealized planning and design process: 1. Identify the Mixed-Use site and place,its size and location into the context of existing uses, access, and connections. 2. Develop the proposed mixed-use development in terms of land use mix, acreage, square footage . and parking; with particular emphasis on: • Block Structure and Street Network; . Building Placement and Parking; and • Context and Transitions to existing development . 3. Develop a Mixed-Use Concept Plan to show use locations, streets, storm ponds and other major project elements.