City of Fredericksburg Planning and Zoning Meeting Agenda Wednesday, March 4, 2026 ~ 5:30 PM New City Hall at East Campus 2818 E. U.S. Hwy. 290 Fredericksburg, Texas 78624 Janice Menking, Chair Tom Musselman, Member Tim Dooley, Member Tyler Pansing, Member George Hager, Member Todd Peters, Member Jim Jarreau, Member Sondra Sultemeier, Member Belinda McDonnell, Member The City of Fredericksburg Planning and Zoning Commission will meet in regular session on March 4, 2026, at 5:30PM. Link to City of Fredericksburg agenda webpage to watch video of the meeting. Written Comments: to be submitted remotely: 1. Must be received by 2 p.m. on March 4, 2026. 2. Complete the Citizen Comment Form online at www.fbgtx.org; or 3. Email your comments to jmusgrove@fbgtx.org Verbal Comments: Sign up in-person between 5:00 p.m. and 5:30 p.m. New City Hall at East Campus 2818 E. U.S. Hwy. 290, Fredericksburg, Texas 78624 You will be limited to 3 minutes to speak. 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES A. February 4, 2026, Regular Meeting Minutes 4. PUBLIC HEARING A. Request Z-2601: Proposed text amendments regarding sexually oriented businesses, vape shops, game of skill parlors and tattoo studios.The proposed text amendments are for Section 2.100 (Definitions), Section 3.210 (C-2: Commercial), Section 3.320 (M-2: Medium Manufacturing) and Section 4.500 (General Description of Commercial Use Types). i Presentation by the Staff ii Hold Public Hearing iii Take Action on proposed text amendment Planning and Zoning Meeting Agenda March 4, 2026 Page 1 of 93 B. Request Z-2603: By Clayton Walvoord, Rebecca Rather & Brad Oehler to Consider the Following: A. A Zoning Change from Single-Family Residential (R1) to Central Business District (CBD) for Properties Located at 408, 412 & 414 East Austin Street. i Presentation by the Applicant ii Presentation by the Staff iii Hold Public Hearing iv Take Action on the Zoning Change C. Request Z-2604: Proposed text amendment regarding Multiple Family Residential Uses within the C-1 Neighborhood Commercial District. The proposed text amendments are for Section 3.200 (C-1: Neighborhood Commercial) district. i Presentation by the Staff ii Hold Public Hearing iii Take Action on proposed text amendment 5. ACTION ITEMS A. Request P-2601: By Zoe Jasso to consider and take action on the Final Plat approval for the proposed Phase 5 of The Friendship Oaks Subdivision located East of US 87 and S. Creek Street Intersection. B. Request SP-2601: By Cristi Kennedy to Consider the Site Plan Review for a Duplex Complex Located at 903 East Highway Street. C. Consider and take action initiating text amendments pertaining to the definition of and establishment of Game of Skill Parlors and to further consider and take action to initiate text amendments pertaining to the establishment of Multiple Family Residential Developments. 6. DISCUSSION ITEMS A. Director's Report 7. ADJOURN CERTIFICATION This is to certify that I, Jan Musgrove, posted this Agenda before 4:30PM. on Wednesday, February 25, 2026, on the bulletin board of the City of Fredericksburg City Hall, 126 W. Main St., Fredericksburg, Texas. Planning and Zoning Meeting Agenda March 4, 2026 Page 2 of 93 Jan Musgrove Planner 1 Planning and Zoning Meeting Agenda March 4, 2026 Page 3 of 93 STATE OF TEXAS PLANNING & ZONING COMMISSION COUNTY OF GILLESPIE MEETING MINUTES CITY OF FREDERICKSBURG February 4, 2026, 5:30 P.M. On the 4th day of February 2026, the Planning and Zoning Commission convened in Regular Session at the New City Hall at East Campus 2818 E. U.S. Hwy. 290, Fredericksburg Texas with the following members present to constitute a quorum: PRESENT: JANICE MENKING TOM MUSSELMAN TIM DOOLEY BELINDA MCDONNELL SONDRA SULTEMEIER TODD PETERS TYLER PANSING ABSENT: GEORGE HAGER JIM JARREAU ALSO, PRESENT: CLIFF CROSS – Director of Development Services SUSANA HUERTA – Assistant Director of Development Services EVAN WILLIAMSON – Assistant City Engineer JAN MUSGROVE – Planner I MICK MCKAMIE – Legal Counsel MARIA GARCIA – Legal Counsel Janice Menking called the meeting to order at 5:30 P.M. Action Item: Request Z-2601: Proposed text amendments regarding sexually oriented businesses, vape shops and tattoo studios. (Withdrawn) Cliff Cross explained that the item would require legal notices to be placed in the paper and notification to the relevant properties sent out. This item would be on the March P&Z agenda. Request Z-2522: By Judy K Feller, to Consider the Following: The applicant has submitted a Land Use and Zoning Change request for approximately .49 acres (21,475 sq. ft) of land located at 707 N. Milam Street. The applicant is requesting a Land Use Change to Commercial (C) (General Commercial Place Type) and a zoning change from R1, Single- Family Residential to C2, Commercial. Applicant Presentation: Judy Feller Page 4 of 93Mrs. Feller explained that her home, located at 707 N Milam, was on the corner of Milam and W Morse street and that the neighborhood and Milam Street had changed dramatically over the years. Milam was now a busy street with a lot of traffic and noise and there were a lot of commercial businesses nearby. The home was up for sale, and it was not selling due to the lack of safety and quiet enjoyment. Staff Summary: Cliff Cross reviewed the request and the proposed application requesting the land use and zoning change. In reviewing the request, the Comprehensive Plan has classified the subject property as a Mixed-Use Community / Corridor place type. Per the "Intent And Character" section of the plan, "Within a small geographic area, different land uses can be side by side or within the same building. These places tend to be bustling and diverse, with a sense of place. Mixed-Use Communities or Corridors can serve a large region, while others can serve residents. The functions and characteristics of both concepts are generally the same, with variations in the size of their service areas and intensity of development". Although the specific place type designation request is not specifically identified for this property, the trend of development and surrounding underlying districts provide for the ability to establish professional office and less intense commercial uses. Furthermore, the current Mixed-Use Community / Corridor Place Type identifies the Commercial (C2) zoning as an appropriate zoning classification. In addition, the current Mixed-Use Community / Corridor Place Type identifies additional appropriate underlying districts that would better fit the trend of development throughout the general area. Staff would not recommend approval of a Land Use/Place Type Change from the current Mixed-Use Community / Corridor Place Type) to a General Commercial Place Type and would only recommend approval of the rezoning from Single-Family Residential (R1) to Neighborhood Commercial (C1) for Property Located at 707 N. Milam Street. Cliff Cross noted that there had been one letter of protest for this item. Public Hearing Items: Opened at 5:43PM Sara Wen, property owner at 708 N Milam spoke to her approval of the request. Cindy Speth, a resident in the neighborhood mentioned that Milam Street was not a residential street anymore and agreed that the property should be rezoned. Both members of the public spoke in favor of rezoning not only Judy's property but also the 600 and 700 blocks of North Milam, citing increased traffic, loss of residential character, and the prevalence of non-homestead uses as reasons for a comprehensive rezoning. Belinda McDonnell reminded the public that this item was for a specific property and not for the entire 700 block of North Milam. Public Hearing closed at 5:49PM Page 5 of 93Board Discussion: Commissioners discussed the implications of rezoning a single property within a residential block, the process for broader rezoning, and the risks of creating nonconforming uses. Tom Musselman commented on the fact that this appeared to be “spot zoning” in the middle of a residential area and that P&Z would not want to set a precedent for “spot zoning” Tim Dooley made a motion to deny the request to rezone the R1 property to C2 zone. Tom Musselman seconded the motion. All voted Aye and the motion carried. Request Z-2523: By P.V. McMinn with Nuvista Development LLC, to consider a Conditional Use Permit per Sec. 3.200 for Townhome Use for Property Located at 1032 South Milam Street. Janice Menking and Sondra Sultemeier recused themselves from the Dias. Applicant Presentation: P.V. McMinn Jr. with New Vista Development LLC presented a revised conditional use permit (CUP) application for 19 luxury townhomes at 1032 S Milam, the 19 townhomes now located on a 4.87-acre tract, noting that the cul-de-sac length was reduced to comply with code, and that the application addressed previous objections related to street design and density. Staff Summary: Cliff Cross detailed the applications compliance with zoning and development standards, including building and impervious coverage, height, parking, landscaping, and a 20-foot buffer, and recommended approval with conditions such as work hours, easement access, and Staff approval of tree preservation, and plating of the lot to take place within 90 days. Public Hearing opened at 6:19PM Marlene Pyrate (Windcrest Patio Home Association President) mentioned that this was the best plan the owners and Home Association had seen in over 5 years, and she asked that the City oversee the project as trust was still an issue. Jim Wilmheight (resident of the neighboring community) expressed cautious support for the revised plan, emphasizing the need for trust, enforcement of conditions, and preservation of green space. Dennis Kusenburger, realtor associated with the project, submitted a rendering of an example of the type of product that Mr. McMinn would be producing at this location. The item was submitted into the record. Public Hearing closed at 6:27PM Belinda McDonnell asked if there would be sidewalks on Crestview and what the lot frontage would be. Page 6 of 93Mr. McMinn stated that the lots would meet the code requirements and that several lots might combine if buyers wanted a bigger lot. Cliff Cross responded that this replating of the lots would be an Administrative process. Tom Musselman mentioned that it addressed all his previous concerns. Tim Dolley made a motion to approve with the following conditions: a) Require a 20-foot-wide buffer zone between the NuVista Keller Oaks Project and the Windcrest Townhomes. b) Requires an easement for the maintenance and repair of the retaining wall of Windcrest Townhomes c) Require a construction workday from 7:00AM to 7:00PM. d) Plat to be recorded within 90 days. Todd Peters seconded the motion. A roll Call vote ensued. Tim Dooley – Nay Todd Peters – Aye Tyler Pansing – Nay Belinda McDonell – Nay Tom Musselman – Aye The motion failed to offer a recommendation of any kind. Staff asked the Board members if they wished to submit a motion to deny. Board members did not respond. Sondra Sultemeier and Janice Menking recused. Item to be heard by City Council on the 17th of February 2026. Janice Menking and Sondra Sultemeier returned to the dais. Request Z-2602 - Consider and act to initiate text amendments pertaining to amendments associated with reapplication time limits pertaining to zoning and conditional use permit applications. Staff Summary: Staff outlined the proposed amendments, which set a one-year waiting period after denial and a six- month period after withdrawal for similar applications, with exceptions for substantially changed circumstances or different uses, aiming to prevent repeated applications and provide predictability. Cliff Cross asked the Planning and Zoning Commission Board members to consider making a formal request to City Council for the action item listed above. Tom Mussleman made a motion to make a formal request to City Council to consider taking action on initiating text amendments pertaining to amendments associated with reapplication time limits pertaining to zoning and conditional use permit applications. Page 7 of 93Tim Doooley seconded the motion. All voted Aye and the motion carried. Director’s Report: Cliff Cross provided an update on the selection process for a consultant to develop the city's Unified Development Code (UDC), reporting that four finalists have been identified based on experience and qualifications, and that negotiations will proceed to secure the best fit for the community. The selection process prioritized experience with Texas law, knowledge of the community, and direct experience in building UDCs, with a scoring system used to evaluate applicants. The Commission emphasized the importance of a comprehensive, non-cookie-cutter UDC that consolidates and reconciles all existing ordinances, with ongoing updates and performance measures to ensure regulatory effectiveness. Approval of Minutes: Tom Musselman made a motion to approve as presented the meeting minutes for January 7, 2026. Tim Dooley seconded the motion. All voted Aye and the motion carried unanimously. ADJOURN With nothing further to come before the Commission, the meeting adjourned at 7:15PM. PASSED AND APPROVED on the 4th day of March 2026. JAN MUSGROVE, Planner I JANICE MENKING, Chair Page 8 of 93 PLANNING AND ZONING COMMISSION AGENDA MEMO DEPARTMENT: Development Services TO: Planning and Zoning Commission FROM: Cliff Cross, Director of Development Services MEETING DATE: March 4, 2026 SECTION: PUBLIC HEARING ITEM: A. CAPTION: Request Z-2601: Proposed text amendments regarding sexually oriented businesses, vape shops, game of skill parlors and tattoo studios.The proposed text amendments are for Section 2.100 (Definitions), Section 3.210 (C-2: Commercial), Section 3.320 (M-2: Medium Manufacturing) and Section 4.500 (General Description of Commercial Use Types). i Presentation by the Staff ii Hold Public Hearing iii Take Action on proposed text amendment SUMMARY: Staff is proposing text amendments related to the definitions for and the establishment of Sexually Oriented Businesses, Vape Shops, Game of Skill Parlors and Tattoo Studios within identified zoning districts in the City. The proposed amendments pertain to Section 2.100 (Definitions), Section 3.210 (C-2: Commercial), Section 3.320 (M-2: Medium Manufacturing) and Section 4.500 (General Description of Commercial Use Types) and are intended to define the specific uses and identify permitted underlying zoning districts and supplementary regulations. BACKGROUND: The proposed amendments are identified within the following sections of the proposed ordinance. Section 2 of Proposed Ordinance Section 2.100, “Definitions,” of the Zoning Ordinance is amended by adding the following definitions to be listed alphabetically and to read follows: “CBD” Cannabidiol in the form of a consumable hemp product, as that term is defined in Section 443.001 of the Texas Health and Safety Code, that may be lawfully sold in accordance with state and federal laws. E-CIGARETTE The term as defined in Tex. Health & Safety Code §161.081(1-a). Page 9 of 93GAME OF SKILL PARLOR An establishment primarily engaged in providing entertainment regarding devices and other activities in which players could earn credits above and beyond those played based on skill and chance plays no part in the award of a prize. SEXUALLY ORIENTED BUSINESS An adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, or adult motion picture theater, as those terms are defined in Chapter 26 “Sexually Oriented Businesses” of the Code of Ordinances for the City of Fredericksburg, Texas. SMOKE/TOBACCO/CBD/CED STORE Any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, tobacco paraphernalia, or CBD/CED or hemp-derived products, except: (1) a pharmacy selling FDA approved cannabis and cannabis-derived products; and (2) any grocery store, supermarket, convenience store or similar retail use that sells conventional cigars, cigarettes, tobacco, or CBD/CED or hemp-derived products as an ancillary sale, meaning the store uses for the display, sale, distribution, delivery, offering, furnishing, or marketing of conventional cigars, cigarettes, tobacco or CBD/CED or hemp product, (i) no more than two percent (2%) or two- hundred (200) square feet of its gross floor area (whichever is less), or (ii) for a retail store consisting of two-hundred and fifty (250) square feet or less, no more than five (5) square feet. TATTOO STUDIO Establishments engaged in producing indelible marks or figures on the human body through tattooing, permanent cosmetics or scarification or inserting pigments under the skin using needles, scalpels or other related equipment and licensed by the Texas Department of Licensing and Regulation (TDLR). This also includes establishments creating an opening in a person’s body, other than the earlobe, to insert jewelry or another decoration or implants. TOBACCO Any preparation of the nicotine-rich leaves of the tobacco plant, which are cured by a process of drying and fermentation for use in smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body. TOBACCO PARAPHERNALIA Any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco, tobacco products, or other controlled substances as defined in the Tex. Health and Safety Code. Items or devices classified as tobacco paraphernalia include but are not limited to the following: pipes, punctured metal bowls, bongs, water bongs, electric pipes, ecigarettes, e-cigarette juice, buzz bombs, vaporizers, hookahs, and devices for holding burning material. Lighters and matches shall be excluded from the definition of tobacco paraphernalia. Page 10 of 93TOBACCO PRODUCT Any product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from the tobacco plant, or otherwise derived, which is intended to enable human consumption of the tobacco or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. For the purposes of this chapter, the term "tobacco product" excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose. VAPE SHOP Establishments primarily engaged in providing services and defined as a “Smoke/Tobacco/CBD/CED Store” or “Vapor Smoking Services” establishment per the City of Fredericksburg, Texas Zoning Ordinance. VAPOR SMOKING SERVICES A retail use that provides vapor smoking services onsite. Section 3 of Proposed Ordinance Section 3.210, “C-2: Commercial”, of the Zoning Ordinance is revised by adding “Vape Shop”, “Game of Skill Parlor” and “Tattoo Studio” to the Uses Permitted Subject to Conditional Use Permit chart, to be inserted alphabetically. Section 4 of Proposed Ordinance Section 4.500, “General Description of Commercial Use Types,” of the Zoning Ordinance is revised by adding “VAPE SHOP,” GAME OF SKILL PARLOR” and “TATTOO STUDIO” to be inserted alphabetically and to read as follows: VAPE SHOP A Vape Shop shall require a conditional use permit. Standards to operate a Vape Shop shall be as follows: 1. Vape Shops shall not be located within five hundred (500) feet, measured property line to property line, from a school (public or private), family day care home, child care facility, youth center, community center, recreational facility, park, church, religious institution, hospital, or other similar uses where children regularly gather. 2. Vape Shops shall not be located within one-thousand five hundred (1500) feet, measured property line to property line, from another Vape Shop. 3. Vape Shops that are legally existing on the effective date of the enacting ordinance codified in this section may continue to operate as nonconforming uses and shall not be required to obtain a conditional use permit. However, any change or expansion of the nonconforming use shall require compliance with this section and a conditional use permit. Page 11 of 93GAME OF SKILL PARLOR A Game of Skill Parlor shall require a conditional use permit. Standards to operate a Game of Skill Parlor shall be as follows: 1. Game of Skill Parlors shall not be located within five hundred (500) feet, measured property line to property line, from a school (public or private), family day care home, child care facility, youth center, community center, recreational facility, park, church, religious institution, hospital, or other similar uses where children regularly gather. 2. Game of Skill Parlors shall not be located within one-thousand five hundred (1500 feet, measured property line to property line, from another Game of Skill Parlor. 3. Game of Skill Parlors that are legally existing on the effective date of the enacting ordinance codified in this section may continue to operate as nonconforming uses and shall not be required to obtain a conditional use permit. However, any change or expansion of the nonconforming use shall require compliance with this section and a conditional use permit. TATTOO STUDIO A Tattoo Studio shall require a conditional use permit. Standards to operate a Tattoo Studio shall be as follows: 1. Tattoo Studios shall not be located within five hundred (500) feet, measured property line to property line, from a school (public or private), family day care home, child care facility, youth center, community center, recreational facility, park, church, religious institution, hospital, or other similar uses where children regularly gather. 2. Tattoo Studios shall not be located within one thousand five hundred (1500 feet, measured property line to property line, from another Tattoo Studio. 3. Tattoo Studios that are legally existing on the effective date of the enacting ordinance codified in this section may continue to operate as nonconforming uses and shall not be required to obtain a conditional use permit. However, any change or expansion of the nonconforming use shall require compliance with this section and a conditional use permit. Section 5 of Proposed Ordinance Section 3.320, “M-2: Medium Manufacturing”, of the Zoning Ordinance is revised by adding “Sexually Oriented Business” to the Uses Permitted Subject to Conditional Use Permit chart, to be inserted alphabetically. Section 6 of Proposed Ordinance Section 4.500, “General Description of Commercial Use Types,” of the Zoning Ordinance is revised by adding ”SEXUALLY ORIENTED BUSINESS” to be inserted alphabetically and to read as follows: SEXUALLY ORIENTED BUSINESS A Sexually Oriented Business shall require a conditional use permit. Standards to establish a Sexually Oriented Business shall be as follows: Page 12 of 93 1. Sexually Oriented Businesses location restrictions shall be subject to the restrictions identified within Chapter 26, Section 26-7 “Location Restrictions, Minimum Distance Requirements” of the City of Fredericksburg, Texas Code of Ordinances. 2. Sexually Oriented Businesses that are legally existing on the effective date of the enacting ordinance codified in this section may continue to operate as nonconforming uses and shall not be required to obtain a conditional use permit. However, any change or expansion of the nonconforming use shall require compliance with this section and a conditional use permit. STAFF RECOMMENDATION: NA ATTACHMENTS: 1. Ordinance 2026-00 SOB, Vape, Tattoo With Legal Updates Final APPROVAL/REVIEW: Date: February 26, 2026 Cliff Cross, Director of Development Services Page 13 of 93 ORDINANCE NO. 2 0 2 6 - 00 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FREDERICKSBURG, TEXAS, AMENDING APPENDIX B, “ZONING ORDINANCE,” OF THE FREDERICKSBURG MUNICIPAL CODE BY AMENDING SECTION 2.100 (DEFINITIONS), SECTION 3.210 (C-2: COMMERCIAL), SECTION 3.320 (M-2: MEDIUM MANUFACTURING) AND SECTION 4.500 (GENERAL DESCRIPTION OF COMMERCIAL USE TYPES); TO AMEND THE DEFINITION AND GENERAL DESCRIPTION OF COMMERCIAL USE TYPES FOR SEXUALLY ORIENTED BUSINESSES, VAPE SHOPS, GAME OF SKILL PARLORS AND TATTOO STUDIOS AND TO FURTHER AMEND THE PERMITTED AND CONDITIONAL USES FOR THEIR ESTABLISHMENT WITHIN THE C-2: COMMERCIAL AND M-2 MEDIUM MANUFACTURING DISTRICTS IN THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fredericksburg, Texas (the "City"), is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City previously adopted the Zoning Ordinance, as codified in Appendix B of the Fredericksburg Municipal Code (the “Code”), (the “Zoning Ordinance”), which regulates and restricts the location and use of buildings, structures, and land for trade; industry; residence; and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, an application for a text amendment of the Zoning Ordinance, related to the definition of and establishment of Sexually Oriented Businesses, Vape Shops, Game of Skill Parlors and Tattoo Studios within identified zoning districts in the City, has been initiated by motion of the Planning and Zoning Commission; and WHEREAS, the City Council desires to amend the Zoning Ordinance to provide regulations for Sexually Oriented Businesses, Vape Sops, Game of Skill Parlors and Tattoo Studios; and WHEREAS, the regulation of Sexually Oriented Businesses, Vape Shops, Game of Skill Parlors and Tattoo Studios is necessary and in the interests of the public health, safety, and general welfare because there is a substantial likelihood of the establishment and operation of Sexually Oriented Businesses, Vape Shops and Tattoo Studios in the City; and WHEREAS, the expansion of these businesses in the City could result in undesirable impacts to the community, including a negative impact on the health and wellbeing of the City’s youth; and WHEREAS, this Ordinance contains regulations consistent with good zoning and planning practices to address such negative impacts of Sexually Oriented Businesses, Vape Shops, Game of Skill Parlors and Tattoo Studios while providing a reasonable number of locations and zones for such businesses to locate within the City; and Page 14 of 93 WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning and Zoning Commission of the City has recommended to the City Council the adoption of the amendment to the Zoning Ordinance as set forth in this Ordinance; and WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing was held before the City Council at which the City Council considered the recommendation of the Planning and Zoning Commission, and among other things, the necessity for orderly and appropriate regulations of the use of land and the erection of structures thereon, and having considered the proposed amendment to the Zoning Ordinance and the appropriateness of the amendment, the City Council does hereby find that the amendment to the Zoning Ordinance approved hereby accomplishes such objectives. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FREDERICKSBURG, TEXAS THAT: SECTION 1. All the above premises are true and correct of the City Council, and they are hereby approved, ratified, and incorporated herein this Ordinance. SECTION 2. Section 2.100, “Definitions,” of the Zoning Ordinance is amended by adding the following definitions to be listed alphabetically and to read follows: “CBD” Cannabidiol in the form of a consumable hemp product, as that term is defined in Section 443.001 of the Texas Health and Safety Code, that may be lawfully sold in accordance with state and federal laws. E-CIGARETTE The term as defined in Tex. Health & Safety Code §161.081(1-a). GAME OF SKILL PARLOR An establishment primarily engaged in providing entertainment regarding devices and other activities in which players could earn credits above and beyond those played based on skill and chance plays no part in the award of a prize. Page 15 of 93 SEXUALLY ORIENTED BUSINESS An adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, or adult motion picture theater, as those terms are defined in Chapter 26 “Sexually Oriented Businesses” of the Code of Ordinances for the City of Fredericksburg, Texas. SMOKE/TOBACCO/CBD/CED STORE Any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, tobacco paraphernalia, or CBD/CED or hemp-derived products, except: (1) a pharmacy selling FDA approved cannabis and cannabis-derived products; and (2) any grocery store, supermarket, convenience store or similar retail use that sells conventional cigars, cigarettes, tobacco, or CBD/CED or hemp-derived products as an ancillary sale, meaning the store uses for the display, sale, distribution, delivery, offering, furnishing, or marketing of conventional cigars, cigarettes, tobacco or CBD/CED or hemp product, (i) no more than two percent (2%) or two- hundred (200) square feet of its gross floor area (whichever is less), or (ii) for a retail store consisting of two-hundred and fifty (250) square feet or less, no more than five (5) square feet. TATTOO STUDIO Establishments engaged in producing indelible marks or figures on the human body through tattooing, permanent cosmetics or scarification or inserting pigments under the skin using needles, scalpels or other related equipment and licensed by the Texas Department of Licensing and Regulation (TDLR). This also includes establishments creating an opening in a person’s body, other than the earlobe, to insert jewelry or another decoration or implants. TOBACCO Any preparation of the nicotine-rich leaves of the tobacco plant, which are cured by a process of drying and fermentation for use in smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body. TOBACCO PARAPHERNALIA Any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco, tobacco products, or other controlled substances as defined in the Tex. Health and Safety Code. Items or devices classified as tobacco paraphernalia include but are not limited to the following: pipes, punctured metal bowls, bongs, water bongs, electric pipes, e-cigarettes, e-cigarette juice, buzz bombs, vaporizers, hookahs, and devices for holding burning material. Lighters and matches shall be excluded from the definition of tobacco paraphernalia. Page 16 of 93 TOBACCO PRODUCT Any product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from the tobacco plant, or otherwise derived, which is intended to enable human consumption of the tobacco or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. For the purposes of this chapter, the term "tobacco product" excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose. VAPE SHOP Establishments primarily engaged in providing services and defined as a “Smoke/Tobacco/CBD/CED Store” or “Vapor Smoking Services” establishment per the City of Fredericksburg, Texas Zoning Ordinance. VAPOR SMOKING SERVICES A retail use that provides vapor smoking services onsite. SECTION 3. Section 3.210, “C-2: Commercial”, of the Zoning Ordinance is revised by adding “Vape Shop”, “Game of Skill Parlor” and “Tattoo Studio” to the Uses Permitted Subject to Conditional Use Permit chart, to be inserted alphabetically. SECTION 4. Section 4.500, “General Description of Commercial Use Types,” of the Zoning Ordinance is revised by adding “VAPE SHOP,” GAME OF SKILL PARLOR” and “TATTOO STUDIO” to be inserted alphabetically and to read as follows: VAPE SHOP A Vape Shop shall require a conditional use permit. Standards to operate a Vape Shop shall be as follows: 1) Vape Shops shall not be located within five hundred (500) feet, measured property line to property line, from a school (public or private), family day care home, child care facility, youth center, community center, recreational facility, park, church, religious institution, hospital, or other similar uses where children regularly gather. 2) Vape Shops shall not be located within one-thousand five hundred (1500) feet, measured property line to property line, from another Vape Shop. Page 17 of 93 3) Vape Shops that are legally existing on the effective date of the enacting ordinance codified in this section may continue to operate as nonconforming uses and shall not be required to obtain a conditional use permit. However, any change or expansion of the nonconforming use shall require compliance with this section and a conditional use permit. GAME OF SKILL PARLOR A Game of Skill Parlor shall require a conditional use permit. Standards to operate a Game of Skill Parlor shall be as follows: 1) Game of Skill Parlors shall not be located within five hundred (500) feet, measured property line to property line, from a school (public or private), family day care home, child care facility, youth center, community center, recreational facility, park, church, religious institution, hospital, or other similar uses where children regularly gather. 2) Game of Skill Parlors shall not be located within one-thousand five hundred (1500 feet, measured property line to property line, from another Game of Skill Parlor. 3) Game of Skill Parlors that are legally existing on the effective date of the enacting ordinance codified in this section may continue to operate as nonconforming uses and shall not be required to obtain a conditional use permit. However, any change or expansion of the nonconforming use shall require compliance with this section and a conditional use permit. TATTOO STUDIO A Tattoo Studio shall require a conditional use permit. Standards to operate a Tattoo Studio shall be as follows: 1) Tattoo Studios shall not be located within five hundred (500) feet, measured property line to property line, from a school (public or private), family day care home, child care facility, youth center, community center, recreational facility, park, church, religious institution, hospital, or other similar uses where children regularly gather. 2) Tattoo Studios shall not be located within one thousand five hundred (1500 feet, measured property line to property line, from another Tattoo Studio. 3) Tattoo Studios that are legally existing on the effective date of the enacting ordinance codified in this section may continue to operate as nonconforming uses and shall not be required to obtain a conditional use permit. However, any change or expansion of the nonconforming use shall require compliance with this section and a conditional use permit. Page 18 of 93 SECTION 5. Section 3.320, “M-2: Medium Manufacturing”, of the Zoning Ordinance is revised by adding “Sexually Oriented Business” to the Uses Permitted Subject to Conditional Use Permit chart, to be inserted alphabetically. SECTION 6. Section 4.500, “General Description of Commercial Use Types,” of the Zoning Ordinance is revised by adding ”SEXUALLY ORIENTED BUSINESS” to be inserted alphabetically and to read as follows: SEXUALLY ORIENTED BUSINESS A Sexually Oriented Business shall require a conditional use permit. Standards to establish a Sexually Oriented Business shall be as follows: 1) Sexually Oriented Businesses location restrictions shall be subject to the restrictions identified within Chapter 26, Section 26-7 “Location Restrictions, Minimum Distance Requirements” of the City of Fredericksburg, Texas Code of Ordinances. 2) Sexually Oriented Businesses that are legally existing on the effective date of the enacting ordinance codified in this section may continue to operate as nonconforming uses and shall not be required to obtain a conditional use permit. However, any change or expansion of the nonconforming use shall require compliance with this section and a conditional use permit. SECTION 7. All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the Fredericksburg Municipal Code, as amended, or accrued at the time of the effective date of this Ordinance; and as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance, but may be prosecuted until final disposition by the courts. SECTION 8. This Ordinance shall be cumulative of all provisions of ordinances and of the Fredericksburg Municipal Code, as amended, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 9. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid Page 19 of 93 judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 10. Any person, firm, corporation, or entity violating this Ordinance or any provision of the City's Zoning Ordinance, as it exists or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing days' violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the City from filing suit to enjoin the violation. The City retains all legal rights and remedies available to it pursuant to local, state, and federal law. SECTION 11. The City Secretary is hereby directed to publish in the official newspaper of the City the caption and penalty clause of this Ordinance as provided by the City’s Charter. SECTION 12. This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so Ordained. PASSED AND APPROVED on this the 17th day of March 2026. Jeryl Hoover, Mayor City of Fredericksburg, Texas ATTEST: Letty Vacek, City Secretary APPROVED AS TO FORM: Mick McKamie, City Attorney Page 20 of 93 PLANNING AND ZONING COMMISSION AGENDA MEMO DEPARTMENT: Development Services TO: Planning and Zoning Commission FROM: Cliff Cross, Director of Development Services MEETING DATE: March 4, 2026 SECTION: PUBLIC HEARING ITEM: B. CAPTION: Request Z-2603: By Clayton Walvoord, Rebecca Rather & Brad Oehler to Consider the Following: A. A Zoning Change from Single-Family Residential (R1) to Central Business District (CBD) for Properties Located at 408, 412 & 414 East Austin Street. i Presentation by the Applicant ii Presentation by the Staff iii Hold Public Hearing iv Take Action on the Zoning Change SUMMARY: The applicants have submitted a Zoning Change request for three individual lots totaling approximately .75 acres (32,670 sq. ft) and commonly known as 408, 412 & 414 E. Austin. The applicants are requesting a zoning change from R1, Single-Family Residential to CBD, Central Business District. BACKGROUND: The surrounding properties include R1- Single Family Residential to the north, east and west and CDB, Central Business District to the south. There is also a mixture of PF, Public Facilities, OS, Open Space and C2, Commercial throughout the area. The property is currently zoned R1, Single-Family Residential and permits uses by right and upon the issuance of a conditional use permit, some of the mixture and intensity of use types include the following: Single Family Residential (Detached) Local Utility Service Short-term Rental, Accessory: (With a STR permit and Short-term Rental, B & B: (With a STR permit and adherence to Chapter 20, Article VII) adherence to Chapter 20, Article VII) Uses Permitted Subject To Conditional Use Permit The following uses may be permitted subject to a Conditional Use Permit as provided in Section 5.400. Community Recreation Private Secondary Educational Facilities Day Care Services Private Secondary Educational Facilities Guidance Services Religious Assembly Except as hereinafter provided, no building or structure or part thereof shall be erected, altered or converted for any use permitted in this district unless it is in conformity with all the standards and regulations herein specified for lot area, width and depth, dwelling unit area, lot coverage, yards and building height. The following standards shall Page 21 of 93apply except in cases where a lot does not meet the standards herein required but was an official "lot of record" prior to the adoption of this ordinance. In such cases, the present dimension shall be maintained as a minimum standard unit until such time as the use is removed. The replacement shall meet the standards and regulations herein specified. Site Development Regulations Each site in the R-1 district shall be subject to the following site development regulations: Feature Regulation Lot Size Minimum Lot Area, 7500 Square feet; or 10,000 square feet for guest houses and short-term rental, accessory uses Lot Width Minimum Lot Width, 70 feet Height Maximum Building Height, 2½ stories, 28 feet Front Yard Minimum Required Setback, 25 feet Street Side Yard Minimum Required Setback, 15 feet Interior Side Yard Minimum Required Setback, 5 feet Rear Yard Minimum Required Setback, 10 feet Residential Density Maximum Dwelling Units per Lot, 1 per Lot Minimum Dwelling Areas (Living Area Only) 750 Square feet Maximum Building Coverage Percent of Lot Area, 40% Impervious Cover Percent of Lot Area, 55% Nonconforming Uses Section 6.100 Special Yard Regulations Section 7.300 Fences, Walls and Visibility Section 7.530 Parking Section 7.800 Temporary/Accessory Building Section 8.000 Home Occupations Section 8.300 It is the desire of the applicant to obtain a CBD, Central Business District Zoning classification and Sec. 3.220 - CBD, Central Business District speaks to the development standards allowed below: This zone is intended to provide for the intense commercial activities of the central business district or central trading area of the City. This district establishes the character of the City by serving the tourist as well as the residents of the City. Principal Permitted Uses Buildings, structures and lands shall be used, and buildings and structures shall hereinafter be erected, altered or enlarged only for the following uses, plus such other uses as the City Council, by resolution, may deem to be similar to those uses listed and not obnoxious or detrimental to the public health, safety and welfare: Administrative and Business Office Arts and Crafts Club or Lodge Page 22 of 93 Cocktail Lounge Consumer Convenience Services Consumer Repair Services Cultural Services Day Care Services Financial Services General Retail Sales Guidance Services Liquor Sales Local Utility Services Mobile Food Establishments, but not in any right-of-way, public easement or in the Historic Overlay District, except that Mobile Food Vendor's in the Historic District Overlay shall be allowed on school property, museum property, church property, and public property subject to section 8-117(h). Multiple Family Residential (Section 3.120) Personal Improvement Services Personal Services Pet Services Private Primary Educational Facilities Private Secondary Educational Facilities Professional Offices Religious Assembly Restaurant Single Family Residential (detached) if structure was not used as other than residential in its most recent use Short-term Rental Unoccupied: (With a STR permit and adherence to Chapter 20, Article VII) Short-term Rental, Accessory: (With a STR permit and adherence to Chapter 20, Article VII) Short-term Rental, B & B: (With a STR permit and adherence to Chapter 20, Article VII) Short-term Rental, Facility: (With a STR permit and adherence to Chapter 20, Article VII) Corporate Housing (Chapter 20, Article VII) Uses Permitted Subject to Conditional Use Permit The following uses may be permitted subject to a Conditional Use Permit as provided for in section 5.400. Business or Trade School Business Support Services Commercial Off-Street Parking Communications Services Condominium Residential (section 7.610) Page 23 of 93 Custom Manufacturing Drive through Facilities associated with any use Duplex Residential Food Sales Funeral Services Horticulture Hospital Services (Limited) Hotel/Motel Indoor Entertainment Indoor Sports and Recreation Medical Offices Outdoor Entertainment Outdoor Sports and Recreation Single Family Residential (Detached) Townhouse Residential (section 7.610) Transportation Terminals Single Family Residential (detached)- new construction or after cessation of use other than residential Group Residential Except as hereinafter provided, no building or structure or part thereof shall be erected, altered, or converted for any use permitted in this district unless it is in conformity with all the standards and regulations herein specified for lot area, lot width, lot depth, dwelling unit area, lot coverage, yards and building height. The following standards shall apply except in cases where a lot does not meet the standards herein required but was an official "lot of record" prior to the adoption of this ordinance. In such cases, the present dimension shall be maintained as a minimum standard until such time as the use is removed. The replacement shall meet the standards and regulations herein specified. Site Development Regulations Each site in the CBD District shall be subject to the following site development regulations. Feature Regulation Lot Size Minimum Lot Area, 5000 Square feet Lot Width Minimum Lot Width, 50 feet Height Maximum Building Height, 3 stories, 38 feet Front Yard Minimum Required Setback, 0 feet Street Side Yard Minimum Required Setback, 0 feet Interior Side Yard Minimum Required Setback, 0 feet; or 10 feet when abutting R1, R1A, or R5 zoning districts Rear Yard Minimum Required Setback, 0 feet; or 10 feet when abutting R1, R1A, or R5 zoning districts Maximum Impervious Coverage 90% Page 24 of 93 Maximum Building Coverage Residential Density Section 3.120 Nonconforming Uses Section 6.100 Site Development Regulations Section 7.000 Special Yard Regulation Section 7.300 Fences, Walls and Visibility Section 7.530 Parking Section 7.800 Landscaping and Screening Regulations Section 7.900 Accessory Building Regulations Section 8.200 Signs Sign Ordinance Outdoor Amplified Sound Prohibited when abutting R-1, R-1-A, or R5 The 2024 Comprehensive Plan identifies the subject property as a future Place Type of Historic Shopping District which is intended as a walkable place with a mix of reidential and non-residential uses. House scaled commercial and lodging uses are encouraged in neighborhoods adjacent to Main Street. Appropriate existing zoning districts would include CBD, C, R2, R5 Notice of Public Hearing Response: As part of the Public Hearing process, staff must notify property owners that own property within 200 ft of the subject property. As of February 26, 2026, one protest has been received. STAFF RECOMMENDATION: Staff has reviewed the request and the proposed application requesting the zoning change. In reviewing the request, the Comprehensive Plan has classified the subject property as a Historic Shopping District place type and, per the "Intent And Character section of the plan the following is identified: The Historic Shopping District place type is intended as a walkable place with a mix of residential and non- residential uses. Historic Shopping District uses should serve visitors from the region, broader community, and local residents. New development and redevelopment within the Historic Shopping District place type should respect the historic patterns of development with compatible building placement, scale, and architectural features. As West Main Street expands, development should be thoughtful and replicate, where possible, the character of the traditional Historic Shopping District. House-scaled commercial and lodging uses are encouraged in neighborhoods adjacent to Main Street. Accessory Dwelling Units should be allowed on a case-by-case basis. Residential infill is encouraged in the Historic Shopping District place type to fill in larger lots and unused areas with new opportunities for housing and downtown living. Furthermore, the properties to the north are primarily located within the Neighborhood Residential place type which identifies the appropriate existing zoning districts a R1, R1-A, R5, NC. When considering any request the proximity and uses of those properties should also be considered. When evaluating this request the place type designation would accommodate the CBD underlying district in compliance with the Comprehensive Plan. However, when considering the request staff recommends consideration of all factors such as traffic, surrounding uses, intensity, etc as part of the findings of fact. Based upon the transitional nature of the neighborhood, staff would only recommend approval of the rezoning request from Single-Family Residential (R1) to Central Business District (CBD) if the overall findings support the new zoning would not contribute to negative impacts on the neighborhood. Page 25 of 93 ATTACHMENTS: 1. 400 Blk Austin Notification Map 2. 400 Blk Austin Land Use Map 3. 400 Blk Austin Place Type 4. 400 Blk Austin Zoning 5. Z-2603 - PROTEST - MESSER_Redacted APPROVAL/REVIEW: Date: February 26, 2026 Cliff Cross, Director of Development Services Page 26 of 93 214 402 403 405 314 404 208 407 316 401 409 T 410 208 S N O 403 T E 414 G S C IN H H U S B E A 405 R 414 W T S 419 318 N T 407 418 409 402 411 413 415 406 408 206 412 209 107 204 T S K L E 414 N 207 416 E A U S T IN S 406 T 415 502 412 414 508 104 I! 104 416 1 inch = 104 feet 506 504 LEGEND City of Fredericksburg 200' Notification Buffer Z-2603 - 408, 412 & 414 E. Austin GCAD Parcels Page 27 of 93 311 313 401 302 417 401 414 419 416 302-304 & 308 402 403 421 208 402 214 504 405 E 404 T T R S A 506 310 V N I O 407 S 312 T S G T IN 508 314 H S 401 409 A 316 208 W 410 N 403 414 510 419 405 414 318 E S 407 C H U 418 B E R 409 T 305 402 S T 411 340 502 502 506 406 413 415 408 206 412 508 209 107 204 T S K 414 L E 503 E N 507 A U S 207 T 416 IN 402 S T 507 511 406 415 502 513 412 515 414 104 104 508 519 403 E M 416 A IN 405 S T 409 506 411 504 413 415 E 514 E L 502 T 417 518 N S LEGEND GCAD Parcels Low Density Residential Landuse Medium Density Residential I! LANDUSE Mixed Use Corridor Parks & Open Space Downtown Central Business District Public / Semi-Public Uptown Central Business District Rural Commercial Center Commercial Employment Center FUTURE ROW High Density Residential City of Fredericksburg Industrial Z-2603 - 408, 412 & 414 E. Austin Page 28 of 93 311 313 415 302 401 417 401 414 302-304 & 308 416 419 402 403 421 402 208 214 306 E 504 T 405 R T 404 AV S IS 310 N S O T 506 T 407 312 G IN H 314 S A 401 409 508 W 316 208 N 410 403 414 510 419 405 414 318 E S C H 407 U B E 418 R T 409 S 402 T 305 411 340 502 502 406 413 415 506 408 206 412 508 209 107 204 T S K 414 L E 503 N E 507 A U S 207 T 416 IN 402 S T 507 511 406 415 502 513 412 414 515 401 104 104 508 403 E 416 M A IN S 405 T 409 506 504 411 413 417 502 T 514 S 415 K E L E E L 104/106 T N S S 518 LEGEND GCAD Parcels Place_Type I! MU GC HSD IND MDR MU City of Fredericksburg NR PARK Z-2603 - 408, 412 & 414 E. Austin RR Page 29 of 93 302 401 414 R1 417 419 402 416 302-304 & 308 402 403 421 214 306 504 208 R1 405 OS 404 R1 310 506 407 312 CBD R1 E 508 314 T 401 409 R A V 316 208 410 IS 403 S OS 414 T 510 414 419 T 405 318 S E N S O C T 407 H U G B 418 IN E R H OS T S 409 S 305 A R1 R1 T W 402 N 411 R1 340 R1 502 502 PF 406 413 415 506 408 R1 R2 206 412 508 209 107 204 T S K 414 L E R1 503 N 507 E A U 207 S 416 T 402 IN S 507 R2 OS T CBD 511 406 415 502 PF 513 CBD 412 515 414 104 508 104 519 403 PF E 416 M A IN C2 405 S T CBD OS 409 506 411 504 C2 413 T 417 502 514 S 415 K E L LE E 104/106 T N S S 518 LEGEND GCAD Parcels PF - Public Facilities Zoning PUD - Planned Unit Development I! ZONED R1 - Single Family Residential R1A - Single Family Residential - Small Lot C1 - Neighborhood Commercial R2 - Mixed Residential C1.5 - Medium Commercial R3 - Multi-Family Residential C2 - Commercial R4 - Manufactured Home Residential CBD - Central Business District R5 - Patio Home Residential M1 - Light Manufacturing M2 - Medium Manufacturing M3 - Industrial Park OS - Open Space City of Fredericksburg Z-2603 - 408, 412 & 414 E. Austin Page 30 of 93Page 31 of 93 PLANNING AND ZONING COMMISSION AGENDA MEMO DEPARTMENT: Development Services TO: Planning and Zoning Commission FROM: Cliff Cross, Director of Development Services MEETING DATE: March 4, 2026 SECTION: PUBLIC HEARING ITEM: C. CAPTION: Request Z-2604: Proposed text amendment regarding Multiple Family Residential Uses within the C-1 Neighborhood Commercial District. The proposed text amendments are for Section 3.200 (C-1: Neighborhood Commercial) district. i Presentation by the Staff ii Hold Public Hearing iii Take Action on proposed text amendment SUMMARY: Staff is proposing a text amendment to the provisions regulating the establishment of Multiple Family Uses within the C1, Neighborhood Commercial District. The proposed amendment pertains to section 3.200 regulating the permitted and conditional use establishment of Multiple Family Uses within the C1, Neighborhood Commercial district is as follows: BACKGROUND: The proposed amendments are identified within the following sections of the proposed ordinance. Section 2 of Proposed Ordinance Section 3.200, “C-1: Neighborhood Commercial”, of the Zoning Ordinance is revised by deleting “Multiple-Family Residential (Section 3.110)” from the Principal Permitted Uses chart and adding “Multiple-Family Residential (Section 3.110)” to the Uses Permitted Subject to Conditional Use Permit chart, to be inserted alphabetically. STAFF RECOMMENDATION: NA ATTACHMENTS: 1. Ordinance 2026-00 MultiFamily Use In C-1 With Final Legal Page 32 of 93 APPROVAL/REVIEW: Date: February 26, 2026 Cliff Cross, Director of Development Services Page 33 of 93 ORDINANCE NO. 2 0 2 6 - 00 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FREDERICKSBURG, TEXAS, AMENDING APPENDIX B, “ZONING ORDINANCE,” OF THE FREDERICKSBURG MUNICIPAL CODE BY AMENDING SECTION 3.200 (C-1: NEIGHBORHOOD COMMERCIAL) TO AMEND THE PERMITTED AND CONDITIONAL USES FOR THE ESTABLISHMENT OF MULTIPLE FAMILY RESIDENTIAL USES WITHIN THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fredericksburg, Texas (the "City"), is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City previously adopted the Zoning Ordinance, as codified in Appendix B of the Fredericksburg Municipal Code (the “Code”), (the “Zoning Ordinance”), which regulates and restricts the location and use of buildings, structures, and land for trade; industry; residence; and other purposes, and provides for the establishment of zoning districts and regulations to administer the provisions of the zoning code; and WHEREAS, an application for a text amendment of the Zoning Ordinance, related to the establishment of Multiple Family Residences within the C-1 (Neighborhood Commercial) district in the City, has been initiated by motion of the Planning and Zoning Commission; and WHEREAS, C-1 (Neighborhood Commercial) zoning district properties are traditionally located within close proximity to and serve as a transitional zoning classification for less intense residentially zoned properties and districts; and WHEREAS, the City Council desires to amend the Zoning Ordinance to provide regulations for public hearing consideration for the establishment of Multiple Family Residential Developments within the C-1 (Neighborhood Commercial) district due to the proximity of this underlying zoning district to less intense residentially zoned properties throughout the city; and WHEREAS, this Ordinance contains regulations consistent with good zoning and planning practices to address potential negative impacts of higher density residential developments on less intense lower density residential properties while providing a reasonable public hearing process for consideration by the Planning and Zoning Commission and City Council; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning and Zoning Commission of the City has recommended to the City Council the adoption of the amendment to the Zoning Ordinance as set forth in this Ordinance; and Page 34 of 93 WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing was held before the City Council at which the City Council considered the recommendation of the Planning and Zoning Commission, and among other things, the necessity for orderly and appropriate regulations of the use of land and the erection of structures thereon, and having considered the proposed amendment to the Zoning Ordinance and the appropriateness of the amendment, the City Council does hereby find that the amendment to the Zoning Ordinance approved hereby accomplishes such objectives. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FREDERICKSBURG, TEXAS THAT: SECTION 1. All the above premises are true and correct of the City Council, and they are hereby approved, ratified, and incorporated herein this Ordinance. SECTION 2. Section 3.200, “C-1: Neighborhood Commercial”, of the Zoning Ordinance is revised by deleting “Multiple-Family Residential (Section 3.110)” from the Principal Permitted Uses chart and adding “Multiple-Family Residential (Section 3.110)” to the Uses Permitted Subject to Conditional Use Permit chart, to be inserted alphabetically. SECTION 3. All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the Fredericksburg Municipal Code, as amended, or accrued at the time of the effective date of this Ordinance; and as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance, but may be prosecuted until final disposition by the courts. SECTION 4. This Ordinance shall be cumulative of all provisions of ordinances and of the Fredericksburg Municipal Code, as amended, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. Page 35 of 93 SECTION 6. Any person, firm, corporation, or entity violating this Ordinance or any provision of the City's Zoning Ordinance, as it exists or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the City from filing suit to enjoin the violation. The City retains all legal rights and remedies available to it pursuant to local, state, and federal law. SECTION 7. The City Secretary is hereby directed to publish in the official newspaper of the City, the caption and penalty clause of this Ordinance as provided by the City’s Charter. SECTION 8. This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so Ordained. PASSED AND APPROVED on this the 17th day of March 2026. Jeryl Hoover, Mayor City of Fredericksburg, Texas ATTEST: Letty Vacek, City Secretary APPROVED AS TO FORM: Mick McKamie, City Attorney Page 36 of 93 PLANNING AND ZONING COMMISSION AGENDA MEMO DEPARTMENT: Development Services TO: Planning and Zoning Commission FROM: Susana Huerta, Assistant Director of Development Services MEETING DATE: March 4, 2026 SECTION: ACTION ITEMS ITEM: A. CAPTION: Request P-2601: By Zoe Jasso to consider and take action on the Final Plat approval for the proposed Phase 5 of The Friendship Oaks Subdivision located East of US 87 and S. Creek Street Intersection. SUMMARY: An application has been submitted for the review of the Final Plat approval for Phase 5 of the Friendship Oaks Subdivision Development. The subject property consists of approximately 11.35 acres and was previously approved as Phase 5 of the phased Friendship Oaks Subdivision development. Phase 5 of the development consists of 64 Residential Lots. The underlying zoning for the subdivision development is R1A, Single-Family Residential - Small Lot. BACKGROUND: The subject property totals approximately 11.35 acres and the requested phase 5 consists of 64 lots. To subdivide a property that is zoned R1A, Single-Family Residential - Small Lot, each lot must be a minimum of 4,500 sq ft in size with a minimum of 45 ft of frontage onto a public roadway. Sec. 3.101 Zoning: R1A, Single-Family Residential - Small Lot Tract Size: 11.35 Acres Number of Lots: 64 Residential Lots Minimum Lot Size: 4,500 sq ft Minimum Lot Width: 45 ft Roadways: The Final Plat proposes three (3) new roadways within the phase; Joshua Cove, Gabriels Run and Emerson Court. Easements: Standard easements such as Drainage, Detention and Sight Visability would apply. Utilities: Utilities are available to serve the site. However, the developer will be responsible for any utility improvements or extensions required by the City. Park Dedication: The applicant shall pay parkland dedication fees (full rate) based on the overall density of the development at $250.00 per lot (120) for a total of $30,000. Parkland fees shall be paid prior to the recording of each phase of the project. Sec. 6.15. (Subject to change upon review). When reviewing the Final Plat, the Board shall reference Sec. 4.05 of the Subdivision Ordinance. The staff's Page 37 of 93findings are below in Red. 1. The Final Plat conforms to the approved Preliminary Plat except for minor amendments that are authorized under Section 4.04(k) Amendments to Preliminary Plats following Approval and that may be approved without the necessity of revising the approved Preliminary Plat. The Final Plat conforms to the approved Preliminary Plat. 2. All conditions imposed at the time of approval of the Preliminary Plat, as applicable, have been satisfied; No Identified Conditions 3. The Construction Plans conform to the requirements of Section 5.01 and have been approved by the Director of Public Works and Utilities; The Site is currently under construction. All final construction sign-offs would need to be completed and approved prior to permitting of single-family residences. 4. Where Public Improvements have been installed, the improvements conform to the approved Construction Plans and have been approved for acceptance by the Director of Public Works and Utilities; Improvements are currently under construction and will be inspected according to the approved plan set. 5. Where the Director of Public Works and Utilities has authorized Public Improvements to be deferred, a Performance Agreement has been executed and submitted by the property owner in conformance with Sec. 5; The applicant is not proposing a deferral of Public Improvements. 6. The final layout of the Subdivision or development meets standards for adequacy of public facilities contained in this Subdivision Ordinance. The Subdivision meets the standards. 7. The Plat conforms to design requirements and construction standards as set forth in the Standard Details and Specification for Public Infrastructure Construction Manual; and The Subdivision meets the standards. 8. The Plat conforms to Director of Development Services subdivision Application Checklists and Subdivision Ordinance regulations. The Plat conforms. STAFF RECOMMENDATION: The application was reviewed for conformity with all applicable regulations, including the approved Phasing Approval and Sec. 4.05. After review by the Development Review Committee (DRC) Staff have the following recommendation: Staff recommends approval of the Final Plat application with the following conditions: • Approval of Final Construction Prior to Residential Permitting • Payment of Park Dedication fees ATTACHMENTS: 1. 337.128_FRIENDSHIP OAKS PHASE 5 PLAT 2. Friendship Oaks 5 Plat Application 3. Frienship Oaks Unit 4 ALTA SurveyREV_337.104 4. Deed - 1 5. Deed - 2 6. Title Commitment APPROVAL/REVIEW: Date: February 26, 2026 Page 38 of 93Susana Huerta, Assistant Director of Development Services Date: February 26, 2026 Cliff Cross, Director of Development Services Page 39 of 93 XXXX EASEMENT NOTES: PLAT NOTES: CERTIFICATE OF FINAL PLAT APPROVAL OWNER'S ACKNOWLEDGEMENT AND DEDICATION 10' UTILITY EASEMENT ALONG ALL RIGHT-OF-WAY LINE AS SHOWN 1. BENCHMARK: BRASS DISK "USGS BM 1695" IN SIDEWALK @ SOUTHWEST CORNER HWY 290 & HWY 87. (FOR FINAL PLATS WITH REQUIRED PUBLIC IMPROVEMENTS INSTALLED AFTER APPROVAL) 10' UTILITY EASEMENT ALONG PROPERTY LINES AS NOTED ELEV = 1694.47 STATE OF TEXAS § APPROVED COUNTY OF ____________ § 5' DRAINAGE EASEMENT ALONG ALL PROPERTY LINES OF EACH LOT AS SHOWN 2. BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON THE TEXAS COORDINATE SYSTEM, 15' BUILDING SETBACK LINE (20' FOR GARAGE) CENTRAL ZONE, NORTH AMERICAN DATUM 1983, GRID. DISTANCES SHOWN HEREON ARE BASED UPON SURFACE MEASUREMENTS. TO CONVERT SURFACE DISTANCES TO GRID, APPLY A COMBINED SCALE FACTOR ___________________________________ ___________________ 15' SIDED ROW FRONTAGE BUILDING SETBACK LINE AS SHOWN I, (WE), THE UNDERSIGNED, OWNER(S) OF THE LAND SHOWN ON THIS PLAT WITHIN THE AREA DESCRIBED BY OF 1.00015. CHAIRMAN, PLANNING AND ZONING COMMISSION DATE DOC #20244825 OFFICIAL PUBLIC RECORDS OF GILLESPIE COUNTY. 10' REAR BUILDING SETBACK LINE AS SHOWN CITY OF FREDERICKSBURG, TEXAS 3. MONUMENTS WERE FOUND OR SET AT EACH CORNER OF THE SURVEY BOUNDARY OF THE SUBDIVISION. 5' SIDE BUILDING SETBACK LINE MONUMENTS AND LOT MARKERS WILL BE SET WITH PLASTIC CAP STAMPED "HMT" IMMEDIATELY AFTER AND DESIGNATED HEREIN AS THE FRIENDSHIP OAKS, PHASE 5 SUBDIVISION TO THE CITY OF 30'x30' SIGHT EASEMENT AT ALL RIGHT-OF-WAY INTERSECTIONS AS SHOWN COMPLETION OF UTILITY INSTALLATION AND STREET CONSTRUCTION UNLESS NOTED OTHERWISE. FREDERICKSBURG, TEXAS, AND WHOSE NAME IS SUBSCRIBED HERETO, HEREBY DEDICATE TO THE PUBLIC THE UNDERSIGNED, THE CITY SECRETARY OF THE CITY OF FREDERICKSBURG, TEXAS, HEREBY CERTIFIES THAT THE USE FOREVER BY FEE SIMPLE TITLE, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES, ALL STREETS, 4. AT DATE OF PLAT APPROVAL, NO PORTION OF THE 100-YEAR FLOOD PLAIN EXISTS ON THIS SITE AS VERIFIED FOREGOING FINAL PLAT OF THE PHASE 3 OF THE FRIENDSHIP OAKS SUBDIVISION OR ADDITION TO THE CITY OF THOROUGHFARES, ALLEYS, PARKS, AND TRAILS, AND TO THE PUBLIC USE FOREVER EASEMENTS FOR EASEMENT NOTE: BY FEMA MAP PANEL: 48171C0451C, EFFECTIVE OCTOBER 19, 2001; THIS INFORMATION IS SUBJECT TO FREDERICKSBURG WAS SUBMITTED TO THE PLANNING AND ZONING COMMISSION ON THE _________ DAY OF SIDEWALKS, STORM DRAINAGE FACILITIES, FLOODWAYS, WATER MAINS, WASTEWATER MAINS AND OTHER CHANGE AS A RESULT OF FUTURE FEMA MAP REVISIONS AND/OR AMENDMENTS. ________________, ________, AND THE COMMISSION, BY FORMAL ACTION, THEN AND THERE ACCEPTED THE UTILITIES, AND ANY OTHER PROPERTY NECESSARY TO SERVE THE PLAT AND TO IMPLEMENT THE FINAL PLAT AND HEREBY AUTHORIZES THE DEVELOPER TO PROCEED WITH THE CONSTRUCTION OF PUBLIC REQUIREMENTS OF THE PLATTING ORDINANCES, RULES, AND REGULATIONS THEREON SHOWN FOR THE ANY PUBLIC UTILITY, INCLUDING THE CITY, SHALL HAVE THE RIGHT TO MOVE AND KEEP MOVED ALL OR PART 5. SETBACKS SHALL CONFORM TO THE CITY'S ADOPTED ZONING CODE AT THE TIME OF PERMITTING. OF ANY BUILDING, FENCES, TREES, SHRUBS, OTHER GROWTHS OR IMPROVEMENTS THAT IN ANY WAY WORKS IMPROVEMENTS AND INFRASTRUCTURE AS INDICATED ON THE ACCOMPANYING CONSTRUCTION PURPOSE OF CONSIDERATION THEREIN EXPRESSED. ENDANGER OR INTERFERE WITH THE CONSTRUCTION , MAINTENANCE, OR EFFICIENCY OF ITS RESPECTIVE 6. THE CTEC ELECTRIC EASEMENT RECORDED IN VOL. 361, PG. 67 OF THE GILLESPIE COUNTY MAP RECORDS IS PLANS, AND SAID COMMISSION FURTHER AUTHORIZES THE CHAIRMAN OF THE PLANNING AND ZONING SYSTEMS ON ANY OF THE EASEMENTS OR RIGHT-OF-WAY SHOWN ON THE PLAT (OR FILED BY SEPARATE RELEASED PER DOC No. 20216475 OF THE GILLESPIE COUNTY MAP RECORDS. COMMISSION TO NOTE THE ACCEPTANCE THEREOF BY SIGNING HIS/HER NAME AS HEREINABOVE SUBSCRIBED. INSTRUMENT THAT IS ASSOCIATED WITH SAID PROPERTY); AND ANY PUBLIC UTILITY, INCLUDING THE CITY, SHALL HAVE THE RIGHT AT ALL TIMES OF INGRESS AND EGRESS TO AND FROM AND UPON SAID EASEMENTS 7. THE CITY OF FREDERICKSBURG BURIED UTILITY EASEMENT RECORDED IN VOL. 361, PG. 69 OF THE WITNESS BY HAND THIS _______DAY OF _______________, 20____. MILLROSE PROPERTIES TEXAS LLC. FOR THE PURPOSE OF CONSTRUCTION, RECONSTRUCTION, INSPECTION, PATROLLING, MAINTAINING AND GILLESPIE COUNTY MAP RECORDS SHALL ALSO BE RELEASED. ADDING TO OR REMOVING ALL OR PART OF ITS RESPECTIVE SYSTEMS WITHOUT THE NECESSITY AT ANY TIME A TEXAS LIMITED LIABILITY COMPANY OF PROCURING THE PERMISSION OF ANYONE. EASEMENTS SHALL BE MAINTAINED BY PROPERTY OWNERS. 8. THIS SUBDIVISION CONTAINS 64 RESIDENTIAL LOTS. THE CITY CAN MOVE TREES OR ANY OTHER IMPROVEMENTS AND DOES NOT HAVE THE RESPONSIBILITY TO ___________________________ BY LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD., REPLACE THEM. 9. LOT NUMBERS MARKED WITH AN ASTERIKS (*) HAVE A MINIMUM 45' CORD DISTANCE, MEASURED AT THE CITY SECRETARY IT'S AGENT, UNDER POWER OF ATTORNEY 15' BUILDING LINE. CITY OF FREDERICKSBURG, TEXAS DATED EFFECTIVE APRIL 16, 2025 ENGINEERS CERTIFICATE NOTES: BY: U.S. HOME, LLC., A DELAWARE LIMITED LIABILITY COMPANY CERTIFICATE OF COMPLETION, ACCEPTANCE, AND AUTHORIZATION TO FILE ITS GENERAL PARTNER I, THE UNDERSIGNED, A (LICENSED PROFESSIONAL ENGINEER/REGISTERED PROFESSIONAL SURVEYOR) IN THE 1. THE DEVELOPER DEDICATES THE SANITARY SEWER AND WATER MAINS UPON COMPLETION BY THE STATE OF TEXAS, HEREBY CERTIFY THAT PROPER ENGINEERING CONSIDERATION HAS BEEN GIVEN TO THIS DEVELOPER AND ACCEPTANCE BY THE CITY OF FREDERICKSBURG. THE CITY FREDERICKSBURG WILL OWN AND APPROVED BY: PLAT: AND THAT ALL ASPECTS OF IT ARE IN ACCORDANCE TO THE CITY OF FREDERICKSBURG'S SUBDIVISION MAINTAIN WITHIN TWO (2) YEARS OF THE ACCEPTANCE OF SAID SEWER AND WATER MAINS LOCATED ORDINANCES. EXCEPT FOR ANY VARIANCES GRANTED BY THE CITY COUNCIL. WITHIN THE SUBDIVISION PLAT. ___________________________________ ___________________ NAME: RICHARD MOTT CHAIRMAN, PLANNING AND ZONING COMMISSION DATE 2. DAMAGE BY ANY UTILITY COMPANY TO ANY STRUCTURES, FENCES, WALLS OR LANDSCAPING OF ANY KIND CITY OF FREDERICKSBURG, TEXAS TITLE: VICE PRESIDENT PLACED WITHIN THE LIMITS OF THE EASEMENTS SHOWN ON THIS PLAT WILL BE THE RESPONSIBILITY OF THE PROPERTY OWNER. NO LANDSCAPING OR OTHER MODIFICATIONS ALTERING THE CROSS-SECTION OF THE UNDERSIGNED, THE CITY SECRETARY OF THE CITY OF FREDERICKSBURG, TEXAS, HEREBY CERTIFIES THAT THE LICENSED PROFESSIONAL ENGINEER DRAINAGE EASEMENTS ARE ALLOWED WITHOUT APPROVAL BY THE CITY OF FREDERICKSBURG, THE CITY OF FOREGOING FINAL PLAT OF PHASE 3 FRIENDSHIP OAKS SUBDIVISION OR ADDITION TO THE CITY OF STATE OF TEXAS § FREDERICKSBURG SHALL HAVE THE RIGHT TO REQUIRE THE PROPERTY OWNERS TO REMOVE ANY FREDERICKSBURG WAS SUBMITTED TO THE PLANNING AND ZONING COMMISSION ON THE _________ DAY OF COUNTY OF ________ § OBSTRUCTIONS PLACED WITHIN THE PRIVATE DRAINAGE EASEMENTS AND THE RIGHT TO REQUIRE THE ________________, ________, AND THE COMMISSION, BY FORMAL ACTION, THEN AND THERE ACCEPTED THE Date PROPERTY OWNERS TO MAKE MODIFICATIONS OR IMPROVEMENTS WITHIN THE EASEMENTS FOR PUBLIC DEDICATIONS, CONVEYANCES OF LAND, IMPROVEMENTS AND ANY OTHER PROPERTY NECESSARY TO SERVE THE THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ______DAY OF_____________, 2025, WELFARE. PLAT AND TO IMPLEMENT THE REQUIREMENTS OF THE PLATTING ORDINANCES, RULES, AND REGULATIONS AS BY___________________ VICE PRESIDENT OF U.S. HOME, LLC, A DELAWARE LIMITED LIABILITY COMPANY, SHOWN AND SET FORTH IN AND UPON SAID PLAT, THAT THE PUBLIC WORKS AND INFRASTRUCTURE THE GENERAL PARTNER OF LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD, A TEXAS LIMITED IMPROVEMENTS HAVE BEEN COMPLETED IN ACCORDANCE WITH THE CONSTRUCTION PLANS, HAVE BEEN PARTNERSHIP, IN IT'S CAPACITY AS AGENT OF MILLROSE PROPERTIES, LLC, A TEXAS LIMITED LIABILITY 3. DRAINAGE EASEMENTS ARE TO BE MAINTAINED BY PROPERTY OWNER AND ACCESS TO BE GIVEN TO COMPANY, UNDER POWER OF ATTORNEY DATED EFFECTIVE APRIL 16, 2025. DEVELOPER OR AUTHORIZED PERSON FOR ANY ADDITIONAL CONSTRUCTION, MAINTENANCE, OR REPAIR OF TESTED AND HAVE BEEN ACCEPTED BY THE CITY, THAT THE FINAL PLAT IS NOW ACCEPTABLE FOR FILING WITH ANY STRUCTURE WITHIN ANY DRAINAGE EASEMENT. GILLESPIE COUNTY AND SAID COMMISSION FURTHER AUTHORIZED THE CHAIRMAN OF THE PLANNING AND CERTIFICATE OF SURVEYOR ZONING COMMISSION TO NOTE THE ACCEPTANCE ON BEHALF OF THE CITY THEREOF BY SIGNING HIS/HER NAME AS HEREINABOVE SUBSCRIBED. 4. NO ONE SHALL INTERFERE WITH ANY NATURAL DRAINAGE PATTERN OR CONSTRUCTED DRAINAGE SYSTEM STATE OF TEXAS § __________________________________ ESTABLISHED BY THE DEVELOPMENT BY ALTERING ANY SLOPES, CONTOUR OF ANY CHANNEL, SWALE OR WITNESS BY HAND ON THIS _______DAY OF _______________, 20____. COUNTY OF _________ § EMBANKMENT OR TAKING OF ANY OTHER ACTION WHICH WILL OR LIKELY TO RETARD, CHANGE OR NOTARY PUBLIC SIGNATURE INTERFERE WITH DRAINAGE OR CREATE EROSION WITHIN THIS AREA. __________________________________ I, THE UNDERSIGNED, A (LICENSED PROFESSIONAL ENGINEER/REGISTERED PROFESSIONAL SURVEYOR) IN THE ___________________________ 5. ALL TOPOGRAPHIC INFORMATION, BENCHMARKS, AND DRAINAGE DESIGNS WERE COMPUTED AND STAKED NOTARY COMMISSION EXPIRES STATE OF TEXAS, HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CORRECT AND WAS PREPARED FROM AN CITY SECRETARY ACTUAL SURVEY OF THE PROPERTY MADE UNDER MY SUPERVISION ON THE GROUND. ON THE GROUND BY HMT ENGINEERING & SURVEYING. CITY OF FREDERICKSBURG, TEXAS _______________________________ CERTIFICATE FOR RECORDING LICENSED PROFESSIONAL ENGINEER OR SITE VISIBILITY RESTRICTION: REGISTERED PROFESSIONAL SURVEYOR I CERTIFY THAT THIS PLAT WAS FILE FOR RECORD IN MY OFFICE AT O'CLOCK .M. ON THE NO STRUCTURE, OBJECT OR PLANT OF ANY TYPE SHALL OBSTRUCT VISION FROM A HEIGHT OF TWENTY-FOUR DAY OF , 20 , IN THE PLAT RECORDS OF ________ COUNTY, TEXAS, IN (24) INCHES TO A HEIGHT OF TEN (10) FEET ABOVE THE TOP OF THE CURB, INCLUDING, BUT NOT LIMITED TO, Date INSTRUMENT NO. BUILDINGS, FENCES, WALKS, SIGNS, TREES, SHRUBS, CARS, TRUCKS ETC., IN THE SIGHT VISIBILITY EASEMENT AS SHOWN ON THE PLAT. THESE SIGHT VISIBILITY EASEMENTS WILL REMAIN IN EFFECT UNTIL VACATED BY ORDINANCE ADOPTED BY THE CITY COUNCIL AND THE PROPERTY REPLATTED. STATE OF TEXAS § COUNTY OF _________ § BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED, KNOWN TO ME TO BE COUNTY CLERK THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME ___________ COUNTY, TEXAS THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THERIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ____DAY OF ____________,_______. __________________________________ NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS __________________________________ TYPE OR PRINT NOTARY'S NAME 290 S. CASTELL AVE., STE. 100 NEW BRAUNFELS, TX 78130 MY COMMISSION EXPIRES: _____________ TBPELS FIRM F-10961 TBPELS FIRM 10153600 E N G I N E E R I N G & S U R V E Y I N G PROJECT NUMBER P- Page 40 of 93 N 740.00' 595.00' HUMMINGBIRD HOLDINGS, LLC (CRANKY FRANK'S) ABS. 735, S.R. WILSON SURVEY #38, IVERSON WAY [50 FT ROW] EASEMENT NOTES: CALLED 1.64 ACRES 5' DE 5' DE 5' DE DOC. NO. 20173309 TYP TYP TYP 10' UTILITY EASEMENT ALONG ALL RIGHT-OF-WAY LINE AS SHOWN O.P.R.G.C.T. 10' UTILITY EASEMENT ALONG PROPERTY LINES AS NOTED 5' DRAINAGE EASEMENT ALONG ALL PROPERTY LINES OF EACH LOT AS SHOWN 15' BUILDING SETBACK LINE (20' FOR GARAGE) 15' SIDED ROW FRONTAGE BUILDING SETBACK LINE AS SHOWN 10' REAR BUILDING SETBACK LINE AS SHOWN PHASE 3 OF THE FRIENDSHIP OAKS 5' SIDE BUILDING SETBACK LINE GABRIELS RUN [50 FT ROW] JOSHUA COVE [50 FT ROW] SUBDIVISION 5' DE 30'x30' SIGHT EASEMENT AT ALL RIGHT-OF-WAY INTERSECTIONS AS SHOWN TYP DOC. NO. XXXXXXX M.P.R.G.C.T. JAMES ECKHARDT L1 RESIDUE OF CALLED 57.46 ACRES VOLUME 97, PAGE 526 L2 O.P.R.G.C.T. C1 SITE VISIBILITY RESTRICTION: C2 L3 L2 KELSEY CROSSING [50 FT ROW] NO STRUCTURE, OBJECT OR PLANT OF ANY TYPE SHALL OBSTRUCT VISION FROM L4 L1 L3 N88°02'59"E 231.00' N88°02'59"E 305.28' A HEIGHT OF TWENTY-FOUR (24) INCHES TO A HEIGHT OF TEN (10) FEET ABOVE 120.00' 115.50' 115.50' S75°32'41"E 162.58' REGISTER NO. 201233113 ' RIGHT OF WAY EASEMENT ' 50.00' 120.00' 135.28' ' ' 10' U.E. ' THE TOP OF THE CURB, INCLUDING, BUT NOT LIMITED TO, BUILDINGS, FENCES, L5 400 15' B.L. ' 337 134.43 6000 SF 352 353 4.92' 50.00 6596 SF 50.00 ' WALKS, SIGNS, TREES, SHRUBS, CARS, TRUCKS ETC., IN THE SIGHT VISIBILITY 55.00 20' WIDE CENTRAL TEXAS ELECTRIC 15' B.L. 6596 SF 50.50 54.00 54.00' N88°02'59"E 50.50 6480 SF N40°44'22"W L6 N88°02'59"E N88°02'59"E 120.00' N88°02'59"E 367 20' PUE EASEMENT AS SHOWN ON THE PLAT. THESE SIGHT VISIBILITY EASEMENTS WILL ' ' 120.00' 171.53' ' 120.00' ' ' ' 120.00' 399 11259 368 23.23' REMAIN IN EFFECT UNTIL VACATED BY ORDINANCE ADOPTED BY THE CITY 338 351 SF 5400 SF 354 119.32' 10305 45.00 45.00 5400 SF 5400 SF 137.97' 45.00 ' 5400 SF S01°57'01"E 45.00 45.00 45.00 COUNCIL AND THE PROPERTY REPLATTED. N88°02'59"E 45.00' N88°02'59"E N88°02'59"E SF 120.00' N88°02'59"E ' ' 120.00' ' 120.00' N39°20'23"E127.85' ' ' ' 120.00' 398 366 369 98.73 339 350 8911 SF 48 5400 SF 355 .56' .25 8086 45.00 15' B.L. 45.00 5400 SF 5400 SF 5 ' 45.00 3 45.00 45.00 5400 SF SF 45.00 N88°02'59"E 45.00' N88°02'59"E ' C5 3 N88°02'59"E N75°36'12"W 6 6 NOTES: 120.00' N88°02'59"E 5 ' . ' 120.00' 15' B.L.. 5 ' 120.00' ' ' ' 120.00' 91.11' 6 6 397 3 340 349 ' N74°15'18"E REMAINDER OF 5400 SF 356 90.34' ' 1. THE DEVELOPER DEDICATES THE SANITARY SEWER AND WATER MAINS UPON ' 45.00 45.00 5400 SF 5400 SF ' 10' U.E. 45.00 8 45.00 46.50 [50 FT ROW] 45.00 5580 SF 10' U.E. N88°02'59"E 10' U.E. 365 46.50' JOSHUA COVE 8 6 CALLED 15.65 ACRES 10' U.E. N88°02'59"E N88°02'59"E 66.41' . COMPLETION BY THE DEVELOPER AND ACCEPTANCE BY THE CITY OF 4639 SF 4 370 62.87 120.00' N88°02'59"E 1 . ' ' 120.00' ' 4 VOLUME 350, PAGE 864 ' 120.00' ' 2 4560 SF ' 120.00' FREDERICKSBURG. THE CITY FREDERICKSBURG WILL OWN AND MAINTAIN 396 N88°02'59"E 4 [50 FT ROW] R.P.R.G.C.T. 341 348 2 N88°02'59"E 5400 SF GABRIELS RUN 357 89.96' 2 45.00 45.00 5400 SF 5400 SF . 92.29' 45.00 45.00 45.00 ' 45.00 4 WITHIN TWO (2) YEARS OF THE ACCEPTANCE OF SAID SEWER AND WATER N01°57'01"W 320.00' S01°57'01"E 385.62' 15' B.L. N88°02'59"E 15' B.L. 5400 SF N01°57'01"W 387.76' 45.00' S01°57'01"E 361.96' 6 15' B.L. 364 18.99' N88°02'59"E N88°02'59"E ' ' 120.00' N88°02'59"E C6 371 ' N01° 57' 01"W 390.42' ' 3 N01°57'01"W 357.45' 4971 SF 33.15' ' MAINS LOCATED WITHIN THE SUBDIVISION PLAT. 120.00' 47.08' ' 120.00' ' ' 4 5462 SF 120.00' . 50.11 395 C4 342 347 N88°02'59"E 9 5400 SF 3 N88°02'59"E 45.00 45.00 5400 SF 5400 SF 358 118.40' 45.00 KEVIN W. ECKHARDT 45.00 45.00 50.00 ' N88°02'59"E 13.87' ' 120.26' 6000 SF ' N88°02'59"E N88°02'59"E 50.00' 363 7.59' 120.00' ABS. 735, S.R. WILSON SURVEY #38 ' 372 ' 5393 SF 120.00' 120.00' ' N88°02'59"E 45.00' ' ' 2. DAMAGE BY ANY UTILITY COMPANY TO ANY STRUCTURES, FENCES, WALLS OR ' 5430 SF CALLED 52.095 ACRES 45.00 394 N88°02'59"E 31.26 120.00' 37.43 5400 SF 343 346 ' N88°02'59"E 45.00 ' VOL. 374, PG. 189, D.R. 45.00 120.00' 50.00 LANDSCAPING OF ANY KIND PLACED WITHIN THE LIMITS OF THE EASEMENTS 6000 SF 6000 SF 359 ' ' L5 50.00 50.00 120.63' N88°02'59"E ' 50.00 6000 SF 362 O.P.R.G.C.T. N88°02'59"E N88°02'59"E 50.00 120.00' ' 373 SHOWN ON THIS PLAT WILL BE THE RESPONSIBILITY OF THE PROPERTY ' 5400 SF 45.00 52.88 ' ' N88°02'59"E 45.00 120.00' 10' U.E. 120.00' 45.00 5426 SF 393 45.00 ' N88°02'59"E 10' U.E. OWNER. NO LANDSCAPING OR OTHER MODIFICATIONS ALTERING THE 120.00' ' N09°03'26"W 205.17' N88°02'59"E 9142 SF S01°48'50"E 531.24' 3.05' 41.96 344 345 ' 120.00' ' 31.95 ' 60.42 6866 SF 60.12 120.52' 7508 SF 360 [50 FT ROW] CROSS-SECTION OF DRAINAGE EASEMENTS ARE ALLOWED WITHOUT N85°43'30"E 52.26 3 S01°57'01"E 130.95' 361 ' 54.69 7 C10 10' U.E. 15' B.L. 7050 SF N01°57'01"W 133.09' 374 184.27' C9 EMERSON COURT 55.00 . C8 6857 SF 50.66 9 95.97' 10' U.E. C7 6885 SF APPROVAL BY THE CITY OF FREDERICKSBURG, THE CITY OF FREDERICKSBURG 0 115.41' C3 15' B.L. ' 115.74 59.37 N89°52'10"W 211.38' ' 115.41' 10' U.E. SHALL HAVE THE RIGHT TO REQUIRE THE PROPERTY OWNERS TO REMOVE 3 C11 N89°52'10"W 231.15' 116.12' 137.58 392 7 .9 JOSHUA COVE N89°52'10"W ANY OBSTRUCTIONS PLACED WITHIN THE PRIVATE DRAINAGE EASEMENTS 0 ' 16352 SF ' SIGHT 36 EASEMENT [50 FT ROW] AND THE RIGHT TO REQUIRE THE PROPERTY OWNERS TO MAKE EASEMENT NOTE: ' .2 SIGHT 4' 45.00' 45.00 S89°52'10"E 678.43' ' 45.00' 45.00 EASEMENT 50.03 ' 45.00' 45.00' 45.00 MODIFICATIONS OR IMPROVEMENTS WITHIN THE EASEMENTS FOR PUBLIC ' 45.00' 45.00' 45.00 10' U.E. ' 45.00' 45.00' 45.00 ANY PUBLIC UTILITY, INCLUDING THE CITY, SHALL HAVE THE RIGHT TO N56°46'12"E208.20' 1.99' ' 45.00' 46.44' WELFARE. 15' B.L. MOVE AND KEEP MOVED ALL OR PART OF ANY BUILDING, FENCES, 391 116.98' 12792 SF N27°48'54"E 390 389 388 387 TREES, SHRUBS, OTHER GROWTHS OR IMPROVEMENTS THAT IN ANY 14.71' 7151 SF 386 385 384 120.07' 5403 383 120.07' 5403 382 ' 120.07' 5403 381 120.07' 5403 380 120.07' 5403 379 3. DRAINAGE EASEMENTS ARE TO BE MAINTAINED BY PROPERTY OWNER AND 120.07' 5403 378 SF 120.07' 5403 144.99 N00°07'50"E 377 SF 120.06' 5403 ' N00°07'50"E 376 SF 120.06' 5403 WAY ENDANGER OR INTERFERE WITH THE CONSTRUCTION , N00°07'50"E 375 SF 120.06' 5403 61.43 N00°07'50"E ' SF 120.06' 5403 N00°07'50"E SF 120.06' 5403 N00°07'50"E SF 120.06' 5402 N00°07'50"E SF 120.05' 5402 N00°07'50"E SF 120.05' 5820 N00°07'50"E SF N89°58'07"W 206.42' N00°07'50"E SF ACCESS TO BE GIVEN TO DEVELOPER OR AUTHORIZED PERSON FOR ANY N00°07'50"E SF N00°07'50"E SF MAINTENANCE, OR EFFICIENCY OF ITS RESPECTIVE SYSTEMS ON ANY N00°07'50"E SF 120.12 N00°07'50"E SF N00°07'50"E L4 L6 OF THE EASEMENTS OR RIGHT-OF-WAY SHOWN ON THE PLAT (OR FILED 45.00' 45.00' 45.00' ADDITIONAL CONSTRUCTION, MAINTENANCE, OR REPAIR OF ANY STRUCTURE 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' 45.00' WITHIN ANY DRAINAGE EASEMENT. BY SEPARATE INSTRUMENT THAT IS ASSOCIATED WITH SAID N89°52'17"W 709.96' 45.00' 45.00' 50.52' PROPERTY); AND ANY PUBLIC UTILITY, INCLUDING THE CITY, SHALL 25' WIDE ROAD EASEMENT HAVE THE RIGHT AT ALL TIMES OF INGRESS AND EGRESS TO AND FROM AG-PRO REAL ESTATE INVESTMENTS, LLC KEVIN W. ECKHARDT V93, P473-475, D.R.G.C.T. ABS. 735, S.R. WILSON SURVEY #38 AND UPON SAID EASEMENTS FOR THE PURPOSE OF CONSTRUCTION, ABS. 735, S.R. WILSON SURVEY # 38, 7.10 ACRES 4. NO ONE SHALL INTERFERE WITH ANY NATURAL DRAINAGE PATTERN OR DOC. NO. 20174872 CALLED 52.095 ACRES CONSTRUCTED DRAINAGE SYSTEM ESTABLISHED BY THE DEVELOPMENT BY RECONSTRUCTION, INSPECTION, PATROLLING, MAINTAINING AND O.P.R.G.C.T. VOL. 374, PG. 189, D.R. ADDING TO OR REMOVING ALL OR PART OF ITS RESPECTIVE SYSTEMS O.P.R.G.C.T. ALTERING ANY SLOPES, CONTOUR OF ANY CHANNEL, SWALE OR WITHOUT THE NECESSITY AT ANY TIME OF PROCURING THE EMBANKMENT OR TAKING OF ANY OTHER ACTION WHICH WILL OR LIKELY TO PERMISSION OF ANYONE. EASEMENTS SHALL BE MAINTAINED BY RETARD, CHANGE OR INTERFERE WITH DRAINAGE OR CREATE EROSION PROPERTY OWNERS. THE CITY CAN MOVE TREES OR ANY OTHER WITHIN THIS AREA. IMPROVEMENTS AND DOES NOT HAVE THE RESPONSIBILITY TO REPLACE THEM. 5. ALL TOPOGRAPHIC INFORMATION, BENCHMARKS, AND DRAINAGE DESIGNS WERE COMPUTED AND STAKED ON THE GROUND BY AUSTIN SPATIAL PLAT NOTES: TECHNOLOGIES, LLC. 1. BENCHMARK: BRASS DISK "USGS BM 1695" IN SIDEWALK @ SOUTHWEST CORNER HWY 290 & HWY 87. ELEV = 1694.47 2. BEARINGS AND COORDINATES SHOWN HEREON ARE BASED UPON THE TEXAS COORDINATE SYSTEM, CENTRAL ZONE, NORTH AMERICAN DATUM 1983, GRID. DISTANCES SHOWN HEREON ARE BASED UPON SURFACE MEASUREMENTS. TO CONVERT SURFACE DISTANCES TO GRID, APPLY A COMBINED SCALE FACTOR OF 1.00015. 3. MONUMENTS WERE FOUND OR SET AT EACH CORNER OF THE SURVEY BOUNDARY OF THE SUBDIVISION. MONUMENTS AND LOT MARKERS REAR LOT WILL BE SET WITH PLASTIC CAP STAMPED "HMT" IMMEDIATELY AFTER PL PL PL PL PL COMPLETION OF UTILITY INSTALLATION AND STREET CONSTRUCTION UNLESS NOTED OTHERWISE. 4. AT DATE OF PLAT APPROVAL, NO PORTION OF THE 100-YEAR FLOOD 10' BLDG. LINE 10' BLDG. LINE PLAIN EXISTS ON THIS SITE AS VERIFIED BY FEMA MAP PANEL: 5' DRAINAGE 5' DRAINAGE 48171C0451C, EFFECTIVE OCTOBER 19, 2001; THIS INFORMATION IS EASEMENT EASEMENT SUBJECT TO CHANGE AS A RESULT OF FUTURE FEMA MAP REVISIONS AND/OR AMENDMENTS. LINE LINE 5. SETBACKS SHALL CONFORM TO THE CITY'S ADOPTED ZONING CODE AT LINE PROPERTY PROPERTY THE TIME OF PERMITTING. PROPERTY EASEMENT 10' UTILITY 15' BLDG. LINE 6. THE CTEC ELECTRIC EASEMENT RECORDED IN VOL. 361, PG. 67 OF THE LOT LOT LOT LOT LOT (STREET SIDE) GILLESPIE COUNTY MAP RECORDS IS RELEASED PER DOC No. 20216475 PROPERTY LINE OF THE GILLESPIE COUNTY MAP RECORDS. 15' BLDG. LINE 15' BLDG. LINE 7. THE CITY OF FREDERICKSBURG BURIED UTILITY EASEMENT RECORDED IN 290 S. CASTELL AVE., STE. 100 VOL. 361, PG. 69 OF THE GILLESPIE COUNTY MAP RECORDS SHALL ALSO 10' UTILITY 10' UTILITY EASEMENT EASEMENT NEW BRAUNFELS, TX 78130 BE RELEASED. P P P P P L L PROPERTY LINE L L L PROPERTY LINE TBPELS FIRM F-10961 8. THIS SUBDIVISION CONTAINS 64 RESIDENTIAL LOTS. (STREET SIDE) (STREET SIDE) TBPELS FIRM 10153600 E N G I N E E R I N G & S U R V E Y I N G 9. LOT NUMBERS MARKED WITH AN ASTERIKS (*) HAVE A MINIMUM 45' TYPICAL LOT LAYOUT TYPICAL CORNER LOT LAYOUT CORD DISTANCE, MEASURED AT THE 15' BUILDING LINE. PROJECT NUMBER P- Page 41 of 93Page 42 of 93Page 43 of 93Page 44 of 93Page 45 of 93Page 46 of 93Page 47 of 93Page 48 of 93Page 49 of 93Page 50 of 93Page 51 of 93Page 52 of 93Page 53 of 93Page 54 of 93Page 55 of 93Page 56 of 93Page 57 of 93Page 58 of 93Page 59 of 93Congratulations on the purchase of your new home! Enclosed please find the following documents related to your upcoming homebuying Celebration of: [163 Lots] - Lots 1, 2, 13-15, 18-24, 28, 29, 31, 43-48, 50, 52-55, 61-65, 83, 84 AND Phase 2, Friendship Oaks, TX  Commitment for Title Insurance – Please note that the amounts reflected on the Title Commitment may not be correct and are subject to change based on contract revisions. The final commitment will be provided at closing. We will also provide coverage in your final title policy regarding survey discrepancies and any surface damage due to mineral extraction as explained in the following "Additional Coverage Endorsements" page. Depending on the final sales price of your new home, the premium for these endorsements will likely range from $150.00 to $200.00*. If you wish to decline this coverage, simply check the box marked at the bottom of this page and return it to our office via email, fax or mail.  Privacy Policy  Wiring Instructions Lennar Title, Inc. will provide a copy of your settlement statement to the real estate agents or brokers identified in the sales contract. Please bring the following items to closing: 1. Amount to close that has been confirmed with the Escrow Officer If you are bringing funds to closing, please be aware that all closing funds in the amount of $1,500 or greater MUST be in the form of a Cashier’s Check or wire transfer payable to Lennar Title, Inc. Funds received via ACH do not qualify as “good funds.” Due to the overwhelming number of fraudulent Cashier’s Checks circulating within Texas, we now require ALL closing funds from the buyer in the amount of $25,000 or greater to be wire-transferred. Otherwise, we must verify with the bank that the Cashier’s Check is valid before funding. BEWARE! WIRE FRAUD IS ON THE RISE! Wire fraud and email hacking/phishing attacks are increasing in frequency. If you have an escrow or closing transaction with us and you receive an email containing Wire Transfer Instructions, DO NOT RESPOND TO THE EMAIL! Instead, call your escrow officer/closer immediately, using previously known contact information and NOT information provided in the email, to verify the information prior to sending funds. Wiring Instructions are available through LennarTrack and will not be emailed. 2. Valid and current form of government issued photo identification. 3. Your Spouse ****IMPORTANT INFORMATION NEEDED PRIOR TO CLOSING**** 1. Change in marital status. 2. Call your title team for all power of attorney needs. Only specific forms will be accepted. Page 60 of 93Please contact us at any time with questions or concerns. Thank you for choosing Lennar Title, Inc. as your partner in the homebuying Celebration! Sincerely, Melissa Brisco Escrow Officer NP Melissa.Brisco@lennartitle.com 469-586-2300 Page 61 of 93 ADDITIONAL COVERAGE ENDORSEMENTS The Title Commitment is a promise to issue a policy and shows the premium amounts for the Loan Policy and/or Owner's Policy. If your contract states that Lennar Homes of Texas is paying the Owner’s Policy, please be advised that we have included two additional endorsements which are optional and not included in the premium paid by Lennar Homes of Texas. These endorsements, which will be charged to you, protect you in the event of losses incurred due to the following reasons:  SURVEY COVERAGE: Survey not properly marking boundaries, easements and/or encroachments that may result in a loss to you.  SURFACE DAMAGE COVERAGE: Loss to you in the event the owner of the mineral rights damages the surface of the property while extracting minerals pursuant to those rights The cost for these endorsements is typically between $150.00 to $250.00 on an average residential transaction. This amount was included in the Loan Estimate and will not result in any additional costs above what was already disclosed. You do have the option to decline these additional endorsements and associated coverage. To do so, you may check the box at the end of this cover letter and return it to us via email, fax or mail. Upon receipt, we will remove the optional endorsements from the policy. *Please Note: If your property is closing in a Partnership or Corporation, pursuant to the Texas Department of Insurance Rule R16, the fee for this coverage is 15% of the Owner's Title Premium.  I do not wish to receive the additional endorsements coverage for my owner’s policy. Page 62 of 93 THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. COMMITMENT FOR TITLE INSURANCE Issued by: 760 N.W. 107th Avenue, Suite 401, Miami, FL 33172 (800) 374-8475 or (800) 369-3434 We, Doma Title Insurance, Inc., a South Carolina corporation, will issue our title insurance policy or policies (the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule B and Schedule C. Our Policy will be the form approved by the Texas Department of Insurance at the date of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees, and expedited delivery expenses. This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when this Commitment expires In witness whereof, Doma Title Insurance, Inc. has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Commitment to become valid when countersigned by an authorized officer or agent of the Company. Authorized Signatory CONDITIONS AND STIPULATIONS 1. If you have actual knowledge of any matter which may affect the title or mortgage covered by this Commitment that is not shown in Schedule B you must notify us in writing. If you do not notify us in writing, our liability to you is ended or reduced to the extent that your failure to notify us affects our liability. If you do notify us, or we learn of such matter, we may amend Schedule B, but we will not be relieved of liability already incurred. 2. Our liability is only to you, and others who are included in the definition of Insured in the Policy to be issued. Our liability is only for actual loss incurred in your reliance on this Commitment to comply with its requirements or to acquire the interest in the land. Our liability is limited to the amount shown in Schedule A of this commitment and will be subject to the following terms of the Policy: Insuring Provisions, Conditions and Stipulations, and Exclusions. (THIS COMMITMENT IS INVALID UNLESS SCHEDULES A, B, C AND D ARE ATTACHED HERETO.) Form T-7 Commitment (Jacket) Page 4 of 28 Page 63 of 93 TEXAS TITLE INSURANCE INFORMATION Title insurance insures you against loss resulting from certain risks to your title. The Commitment for Title Insurance is the title insurance company's promise to issue the title insurance policy. The commitment is a legal document. You should review it carefully to completely understand it before your closing date. El seguro de titulo le asegura en relacion a perdidas resultantes de ciertos riesgos que pueden afectar el titulo de su propiedad. El compromiso para Seguro de Titulo es la promesa de la compania aseguradora de titulos de emitir la poliza de seguro de titulo. El Compromiso es un documento legal. Usted debe leerlo cuidadosamente y entenderlo completamente antes de la fecha para finalizar su transaccion. Your commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements. Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the Title Insurance Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the policy as Exclusions. These risks will not be covered by the Policy. The Policy is not an abstract of title nor does a Company have an obligation to determine the ownership of any mineral interest. MINERALS AND MINERAL RIGHTS may not be covered by the Policy. The Company may be unwilling to insure title unless there is exclusion or an exception as to the Mineral and Mineral Rights in the Policy. Optional endorsements insuring certain risks involving minerals, and the use of improvements (excluding lawns, shrubbery and trees) and permanent buildings may be available for purchase. If the title insurer issues the title policy with an exclusion or exception to the minerals and mineral rights, neither this policy nor the optional endorsements, ensure that he purchaser has title to the mineral rights related to the surface estate. Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them. You may want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land. When your Policy is issued, the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions, defined below.  EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Illnesses section of the Commitment. When the Policy is issued, all Exceptions will be on Schedule B of the Policy.  EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the Commitment.  CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions. You can get a copy of the policy form approved by the State Board of Insurance by calling the North American Title Insurance Company at 1-800-374-8475 (Eastern States) or 1- (800) 869-3434 (Western States) or by calling the title insurance agent that issued the Commitment. The Texas Department of Insurance may revise the policy form from time to time. You can also get a brochure that explains the policy from the Texas Department of Insurance by calling 1-800-252-3439. Before the policy is issued, you may request changes in the Policy. Some of the changes to consider are: Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you must furnish a survey and comply with other requirements of the Company. On the Owner’s Policy, you must pay an additional premium for the amendment. If the survey is acceptable to the Company, and if the Company’s other requirements are met, your Policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements. The Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy. Whether or not you request amendment of the "area and boundary" exception, you should determine whether you want to purchase and review a survey is a survey is not being provided to you. Page 64 of 93Allow the Company to add an exception to "rights of parties in possession". If you refuse this exception, the Company or the Title insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons, such as renters, adverse owners or easement holders who occupy the land. The Company may charge you for the inspection. If you want to make your own inspection, you must sign a Waiver of Inspection form and allow the Company to add this exception to your Policy. The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement. IMPORTANT NOTICE AVIVSO IMPORTANTE FOR INFORMATION, OR TO MAKE A COMPLAINT PARA INFORMACION, O PARA SOMETER UNA CALL OUR TOLL-FREE TELEPHONE NUMBER QUEJA LLAME AL NUMERO GRATIS 1-800-374-8475 (TEXAS and Eastern States) 1-800-374-8475 (TEXAS and Eastern States) 1-800-369-3434 (Western States) 1-800-869-3434 (Western States) ALSO YOU MAY CONTACT THE TEXAS TAMBIEN PUEDE COMUNICARSE CON DEPARTMENT OF INSURANCE AT EL DEPARTMENTO DE SEGUROS DE TEXAS AL 1-800-252-3439 1-800-252-3439 to obtain information on: para obtener informacion sobre: 1. filing a complaint against an insurance company or 1. como someter una queja en contra de una compania de agent, seguros o agente de seguros, 2. whether an insurance company or agent is licensed, 2. si una compania de seguros o agente de 3. complaints received against an insurance company or seguros tiene licencia, agent. 3. quejas recibidas en contra de una compania de seguros o 4. policyholder rights, and agente de seguros, 5. a list of consumer publications and services available 4. los derechos del asegurado, y through the Department. 5. una lista de publicaciones y servicios para consumidores disponibles a traves del Departmento. YOU MAY ALSO WRITE TO THE TEXAS DEPARTMENT OF TAMBIEN PUEDE ESCRIBIR AL INSURANCE DEPARTMENTO DE SEGUROS DE P.O. BOX 149104 TEXAS AUSTIN, TEXAS 78714-9104 P.O. BOX 149104 FAX NO. (512) 490-1007 AUSTIN, TEXAS 78714-9104 Web: http://www.tdi.texas.gov FAX NO. (512) 490-1007 E-Mail: ConsumerProtection@tdi.texas.gov Web: http://www.tdi.texas.gov E-Mail: ConsumerProtection@tdi.texas.gov 760 N.W. 107th Avenue, Suite 401 Miami, FL 33172 Page 65 of 93 Doma Title Insurance, Inc. COMMITMENT FOR TITLE INSURANCE SCHEDULE A Effective Date: August 6, 2024 at 08:00 AM GF No.: 114729-002122 Commitment No. 114729-002122, issued August 9, 2024, 12:00 AM 1. The policy or policies to be issued are: a. OWNER'S POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for improved one-to-four family residential real estate) Policy Amount: $0.00 PROPOSED INSURED: AG Essential Housing Multi State 1, LLC, a Delaware limited liability company b. TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE ONE-TO-FOUR FAMILY RESIDENCES (Form T-1R) Policy Amount: PROPOSED INSURED: c. LOAN POLICY OF TITLE INSURANCE (Form T-2) Policy Amount: PROPOSED INSURED: Proposed Borrower: d. TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T-2R) Policy Amount: PROPOSED INSURED: Proposed Borrower: e. LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) Binder Amount: PROPOSED INSURED: Proposed Borrower: f. OTHER Policy Amount: PROPOSED INSURED: 2. The interest in the land covered by this Commitment is: Fee Simple 3. Record title to the land on the Effective Date appears to be vested in: Lennar Homes of Texas Land and Construction, Ltd., a Texas limited partnership(See Requirements) 4. Legal description of land: SEE LEGAL DESCRIPTION ATTACHED HERETO Page 66 of 93 SCHEDULE B Commitment No.: 114729-002122 GF No.: 114729-002122 EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's fees, and expenses resulting from: 1. The following restrictive covenants of record itemized below: See Deed Restrictions below** Note: To the extent that these restrictions violate 42 USC 3604(c) by indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, such restrictions are hereby omitted. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any of any spouse of any insured. (Applies to the Owner's Policy only.) 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled-in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner's Policy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year 2024, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. (If Texas Short form Residential Loan Policy (T-2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the year 2024, and subsequent years.") 6. The terms and conditions of the documents creating your interest in the land. 7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Loan Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is issued.) Page 67 of 93 SCHEDULE B (Continued) 8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Loan Policy (T-2) only.) 9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Loan Policy of Title Insurance (T-2R). (Applies to Texas Short Form Residential Loan Policy of Title Insurance (T-2R) only.) Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Loan Policy of Title Insurance (T-2R). 10. The following matters and all terms of the documents creating or offering evidence of the matters: a. **Restrictions under Volume 7, Page 24, Plat Records and Register No. 20240057, 20241346, Official Public Records of Gillespie County, Texas. b. Visible and apparent easements on or across the property covered by this policy which may not appear of record. (This item will not appear on Schedule "B" of the policy if a survey is provided by an approved surveyor showing no such easements.) c. Rights of parties in possession. (Affects Owner Policy Only). d. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. e. Any portion of the subject property lying within the boundaries of a public or private roadway whether dedicated or not, or which may be used for road or street purposes. f. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land. (Note: Upon receipt of a survey acceptable to Company, this exception will be deleted. Company reserves the right to add additional exceptions per its examination of said survey. g. All leases, grants, exceptions, or reservations of the geothermal energy and associated resources below the surface of the land, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of the geothermal energy and associated resources below the surface of the land that are not listed. h. All building setback lines, easements, and other matters as shown or provided for on Plat recorded in Volume 7, Page 24, Plat Records of Gillespie County, Texas. (Phase 1) i. Royalty Deed executed by Louis Eckhardt to E. H. Cunningham dated October 1, 1928, recorded in Volume 38, Page 382, Deed Records of Gillespie County, Texas. j. Right of Way Easement executed by Harry F. Eckhardt to Central Texas Electric Cooperative, Inc. dated March 20, 1984, recorded in Volume 85, Pages 366-368, Deed Records of Gillespie County, Texas FORM T-7: Commitment for Title Insurance Schedule B 114729-002122 Lennar Title, Inc. Policy Issuing Agent Page 68 of 93 SCHEDULE B (Continued) k. Right of Way Easement executed by Melvin Natho to Central Texas Electric Cooperative, Inc. dated June 9, 1964, recorded in Volume 85, Pages 382-384, Deed Records of Gillespie County, Texas. l. Easement executed by Harry F. Eckhardt to Southwestern Bell Telephone Company dated July 24, 1965, recorded in Volume 87, Pages 80-81, Deed Records of Gillespie County, Texas. m. Right of Way Easement executed by James A. Eckhardt to The Southwest States Telephone Company dated November 9, 1965, recorded in Volume 89, Pages 568-569, Deed Records of Gillespie County, Texas. n. Right of Way Easement executed by Harry F. Eckhardt to The Southwestern States Telephone Company dated November 9, 1965, recorded in Volume 89, Pages 559-560, Deed Records of Gillespie County, Texas. o. Right of Way Easement executed by Moellering Construction Company, Inc. to Central Texas Electric Cooperative, Inc. dated February 13, 1978, recorded in Volume 125, Pages 334-335, Deed Records of Gillespie County, Texas. p. Right of Way Easement executed by James A. Eckhardt to Central Texas Electric Cooperative, Inc. dated November 16, 1980, recorded in Volume 142, Pages 224-226, Deed Records of Gillespie County, Texas. q. Right of Way Easement executed by James A. Eckhardt to Central Texas Electric Cooperative, Inc. dated November 30, 1982, recorded in Volume 156, Pages 812-813, Deed Records of Gillespie County, Texas. r. Right of Way Easement executed by James A. Eckhardt to Central Texas Electric Cooperative, Inc. dated February 24, 1984, recorded in Volume 162, Pages 437-438, Deed Records of Gillespie County, Texas. s. Right of Way Easement executed by James A. Eckhardt to Central Texas Electric Cooperative, Inc. dated August 13, 1986, recorded in Volume 182, Pages 82-84, Deed Records of Gillespie County, Texas. t. Right of Way Easement executed by Cody Bradshaw and Carol Bradshaw to Central Texas Electric Cooperative, Inc. dated August 4, 1986, recorded in Volume 182, Pages 59-63, Deed Records of Gillespie County, Texas. FORM T-7: Commitment for Title Insurance Schedule B 114729-002122 Lennar Title, Inc. Policy Issuing Agent Page 69 of 93 SCHEDULE B (Continued) u. Right of Way Easement executed by James A. Eckhardt to Central Texas Electric Cooperative, Inc. dated July 2, 1987, recorded in Volume 185, Pages 408-409, Deed Records of Gillespie County, Texas. v. Right of Way Easement executed by Bryan Eckhardt to Central Texas Electric Cooperative, Inc. dated July 23, 1991, recorded in Volume 220, Pages 545-546, Real Property Records of Gillespie County, Texas. w. Right of Way Easement executed by Bryan Eckhardt to Central Texas Electric Cooperative, Inc. dated October 13, 1993, recorded in Volume 260, Pages 161-163, Real Property Records of Gillespie County, Texas. x. Right of Way Easement executed by Kyle Eckhardt to Central Texas Electric Cooperative, Inc. dated June 5, 1995, recorded in Volume 297, Pages 558-559, Real Property Records of Gillespie County, Texas. y. Mineral interest as described in deed executed by HK Fredericksburg, LLC to Lennar Homes of Texas Land and Construction, Ltd., dated March 8, 2023, recorded under Register No. 20231240, Official Public Records of Gillespie County, Texas. Title to said interest has not been investigated subsequent to the date of said instrument. z. Boundary Line Agreement between Bryan Eckhardt and Moellering Construction Company, Inc. dated December 14, 1998, recorded in Volume 361, Pages 73-81, Real Property Records of Gillespie County, Texas. aa. Easement reserved in deed executed by Bryan Eckhardt to Dale Crenwelge dated December 14, 1998, recorded in Volume 361, Pages 109-121, Real Property Records of Gillespie County, Texas. ab. Right of Way Easement executed by Dale Crenwelge to Central Texas Electric Cooperative, Inc. dated July 9, 2012, recorded under Register No. 20123113, Official Public Records of Gillespie County, Texas. ac. Right of Way Easement executed by Dale Crenwelge to Central Texas Electric Cooperative, Inc. filed on May 7, 2013, recorded under Register No. 20132025, Official Public Records of Gillespie County, Texas. FORM T-7: Commitment for Title Insurance Schedule B 114729-002122 Lennar Title, Inc. Policy Issuing Agent Page 70 of 93 SCHEDULE B (Continued) ad. Mineral and Ground Water Deed executed by HK Fredericksburg, LLC to RPK Holdings, LLC dated December 23, 2019, recorded under Register No. 20200483, Official Public Records of Gillespie County, Texas. ae. Agreement regarding Designated Drainage Location by and between SV Friendship Lane MU, LP and HK Fredericksburg, LLC dated November 17, 2021, recorded under Register No. 20219613, Official Public Records of Gillespie County, Texas. af. Memorandum of Agreement Regarding Easements by and between SV Friendship Lane MU, LP and HK Fredericksburg, LLC dated November 17, 2021, recorded under Register No. 20219614, Official Public Records of Gillespie County, Texas. ag. Mineral interest as described in deed executed by HK Fredericksburg, LLC to Lennar Homes of Texas Land and Construction, Ltd., dated January 31, 2022, recorded under Register No. 20221361, Official Public Records of Gillespie County, Texas. Title to said interest has not been investigated subsequent to the date of said instrument. ah. Petition for Creation of Gillespie County Municipal Utility District No. 1 executed by HK Fredericksburg, LLC to Lennar Homes of Texas Land and Construction, Ltd. dated August 31, 2022, recorded under Register No. 20226426, Official Public Records of Gillespie County, Texas; Ratification filed under Register No. 20226598, Official Public Records of Gillespie County, Texas. ai. All terms, conditions, covenants, easements, restrictions, assessments, maintenance charges, and other provisions as recorded in Register No. 20240057, Official Public Records, as amended, supplemented, refiled and/or restated, Gillespie County, Texas.(Phase 1) aj. Friendship Oaks Adoption of Working Capital Assessment recorded under Register No. 20240112, Official Public Records of Gillespie County, Texas.(Phase 1) ak. Friendship Oaks Community Manual recorded under Register No. 20240113, Official Public Records of Gillespie County, Texas.(Phase 1) al. Management Certificate of Friendship Oaks Community Association, Inc. recorded under Register No. 20240243, Official Public Records of Gillespie County, Texas.(Phase 1) am. Utility Easement executed by Lennar Homes of Texas Land and Construction, to Universal Natural Gas, LLC and Centric Fiber, LLC, dated March 4, 2024, recorded under Register No. 20241346, Official Public Records of Gillespie County, Texas.(Phase 1) FORM T-7: Commitment for Title Insurance Schedule B 114729-002122 Lennar Title, Inc. Policy Issuing Agent Page 71 of 93 SCHEDULE B (Continued) an. Declarant Removal and Appointment of Directors and Officers of Friendship Oaks Community Association, Inc. recorded under Register No. 20241531, Official Public Records of Gillespie County, Texas.(Phase 1) ao. Zoning regulations as promulgated by the Gillespie County Airport Board of Adjustment. ap. INTENTIONALLY DELETED. FORM T-7: Commitment for Title Insurance Schedule B 114729-002122 Lennar Title, Inc. Policy Issuing Agent Page 72 of 93 SCHEDULE C Commitment No.: 114729-002122 GF No.: 114729-002122 Your Policy will not cover loss, costs, attorney's fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: 1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that: a. no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, b. all standby fees, taxes, assessments and charges against the property have been paid, c. all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, sub-contractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, d. there is legal right of access to and from the land, e. (on a Loan Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 3. You must pay the seller or borrower the agreed amount for your property or interest. 4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective date of this Commitment. 5. Procedural Rule P-27 promulgated by the Texas Department of insurance provides a list of the types of financial documents and instruments which satisfy the requirement that we disburse only when we have received good funds as required by said rule and Section 2651.202 Insurance Code. Please be advised that we reserve the right to determine on a case-by-case basis what form of good funds is acceptable. 6. Upon request and receipt of applicable premium, if any, and in accordance with Texas Procedural Rule P-50.1, T-19.2 and/or T-19.3 Minerals and Surface Damage Endorsements will be issued at the time of closing of this transaction. 7. We must be furnished with a properly executed Affidavit of Debts and Liens, executed by the record owner and/or seller. 8. We must be furnished with a properly executed Waiver of Inspection executed by the Purchaser(s). 9. This file must be updated prior to closing. 10. INTENTIONALLY DELETED. 11. INTENTIONALLY DELETED. 12. This property may lie within the boundaries of the Gillespie County Municipal Utility District No. 1, Purchaser must be notified and the required notices executed and filed. Any fees due must be paid. FORM T-7: Commitment for Title Insurance Schedule C 114729-002122 Lennar Title, Inc. Policy Issuing Agent Page 73 of 93 SCHEDULE C (Continued) 13. NOTE FOR INFORMATIONAL PURPOSES ONLY: The applicant purchaser(s) have been checked as to the Patriot List, Texas Workforce Liens and Federal Judgments Liens. 14. NOTE FOR INFORMATIONAL PURPOSES ONLY: Per restrictions, assessment lien(s) is subordinate to "... Tax Liens and Governmental Liens, all sums secured by a recorded first mortgage lien/deed of trust lien and home equity loans/lines of credit secured by a recorded second mortgage/deed of trust lien ..." as recited therein. 15. NOTE FOR INFORMATIONAL PURPOSES ONLY: The following deeds have been filed of record affecting the subject property within the past 24 months: Deed recorded in Register No. 20221361, Official Public records of Gillespie County, Texas. 16. Must be furnished the following documentation from the L.L.C: 1. A Certificate of Formation issued by the Secretary of State. 2. Current Franchise Tax status from the Comptroller of Public Accounts in Texas or similar official in other states. 3. Documentation, such as a Company Agreement, indicating authority to act. LENNAR TITLE, INC. Authorized Signatory FORM T-7: Commitment for Title Insurance Schedule C 114729-002122 Lennar Title, Inc. Policy Issuing Agent Page 74 of 93 SCHEDULE D Commitment No.: 114729-002122 GF No.: 114729-002122 Pursuant to the requirements of Rule P-21, Basic Manual of Rules, Rates and Forms for the writing of Title Insurance in the State of Texas, the following disclosures are made: 1. The issuing Title Insurance Company, Doma Title Insurance, Inc. f/k/a North American Title Insurance Company, is a corporation whose shareholders owning or controlling, directly or indirectly, 10% of said corporation, directors and officers are listed below: Shareholders: Doma Title Insurance, Inc. f/k/a North American Title Insurance Company which is a wholly owned subsidiary of Doma Holdings, Inc., a Delaware corporation. Directors: Max Simkoff, Emilio Fernandez, Eric Watson, Mike Smith. Officers: President and Chief Executive Officer: Emilio Fernandez; Executive Vice President and Secretary: Valerie Jahn-Grandin; Chief Financial Officer and Treasurer: Mike Smith; Vice President, Senior Regional Underwriting Counsel: Virginia Abiassi. 2. The following disclosures are made by the Title Insurance Agent issuing this Commitment: Lennar Title, Inc., formerly known as CalAtlantic Title, Inc., a Maryland corporation (aq)A listing of each shareholder, owner, partner, or other person having, owning or controlling one percent (1%) or more of the Title Insurance Agent that will receive a portion of the premium. Lennar Title, Inc., a Maryland corporation is a wholly owned subsidiary of Lennar Title Group, LLC, a Florida limited liability company which is a wholly-owned subsidiary of Lennar Financial Services, LLC a Florida limited liability company. Lennar Financial Services, LLC is a wholly owned subsidiary of Lennar Corporation, a Delaware corporation, whose securities are publicly traded on the New York Stock Exchange. (ar) A listing of each shareholder, owner, partner, or other person having, owning or controlling ten percent (10%) or more of an entity that has, owns or controls one percent (1%) or more of the Title Insurance Agent that will receive a portion of the premium. (as)The names of the officers and directors of the Title Insurance Agent are as follows: Directors: Bruce Gross, Cristina A. Pardo, Michael B. Murgado President & Treasurer: Cristina A. Pardo Executive Vice Presidents: Dawn Schweter, Tiffany Bertling Senior Vice Presidents: Sandra Austin, Alex Kidd Secretary: Cristina A. Pardo (at) The name of any person who is not a full-time employee of the Title Insurance Agent and who receives any portion of the title insurance premium for services performed on behalf of the Title Insurance Agent in connection with the issuance of a title insurance form; and, the amount of that premium any such person shall receive. (au)For purposes of this paragraph 2, “having, owning or controlling” includes the right to receipt of a percentage of net income, gross income, or cash flow of the Agent or entity in the percentage stated in subparagraph (a) or (b). 3. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving any sum from the settlement of this FORM T-7: Commitment for Title Insurance Schedule D 114729-002122 Lennar Title, Inc. Policy Issuing Agent Page 75 of 93 SCHEDULE D (Continued) transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated title premium* is: Total $ 0.00 Of this total amount: 15% will be paid to the policy issuing Title Insurance Company; 85% will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows: Amount To Whom For Services *The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the Commissioner of Insurance. This commitment is invalid unless the insuring provisions and Schedules A, B, and C are attached. FORM T-7: Commitment for Title Insurance Schedule D 114729-002122 Lennar Title, Inc. Policy Issuing Agent Page 76 of 93 DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner's Policy) Commitment No.: 114729-002122 GF No.: 114729-002122 ARBITRATION is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Insurance Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). It allows you or the Company to require arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and returning it to the Company at or before the closing of your real estate transaction or by writing to the Company. The arbitration provision in the Policy is as follows: "Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association (“Rules”). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction." SIGNATURE DATE FORM T-7: Commitment for Title Insurance Deletion of Arbitration Provision 114729-002122 Lennar Title, Inc. Policy Issuing Agent Page 77 of 93Privacy Policy 114729-002122 Page 78 of 93Privacy Policy 114729-002122 Page 79 of 93Privacy Policy 114729-002122 Page 80 of 93Privacy Policy 114729-002122 Page 81 of 93 DOMA TITLE INSURANCE, INC. Commitment Number: 114729-002122 LEGAL DESCRIPTION Legal description of the land: Tract 1: Lot 1, 2, 13, 14, 15, 18, 19, 20, 21, 22, 23, 24, 28, 29, 31, 43, 44, 45, 46, 47, 48, 50, 52, 53, 54, 55, 61, 62, 63, 64, 65, 83, 84, Phase 1 of The Friendship Oaks Subdivision, situated in Gillespie County, Texas according to the map or plat of record in Volume 7, Page 24, Plat Records of Gillespie County, Texas. Tract 2: Being a 28.151 acre tract of land located in the Jose Esteban Bargas Survey No. 115, Abstract No. 53, Gillespie County, Texas, being part of a called 31.554 acre tract of land, recorded in Document No. 20231240, Official Public Records, Gillespie County, Texas and also part of a called 29.258 acre tract, recorded in Document No. 20221361 of the Official Public Records of GilIespie County, Texas. Said 28.151 acre tract of land being more particularly described as follows: BEGINNlNG at a found mag nail in concrete in the East right of way line of State Highway No. 87 for the Southwest corner of a called 0.98 acre tract recorded in Volume 218, Pages 432-435, Official Public Records, Gillespie County, Texas, same point being the West corner of said 31.554 acre tract of land; THENCE departing the East right of way line of State Highway No. 87, with the South line of said 0.98 acre tract and a Western line of said 31.554 acre tract of land, S 89°45’24” E, a distance of 225.27 feet to a found 1/2” iron pin for the Southeast corner of said 0.98 acre tract, an interior Western corner of a remainder of a called 111.440 acre tract of land, recorded in Document No. 20193419, Official Public Records, Gillespie County, Texas and a corner of the herein described tract; THENCE departing the Southeast corner of said 0.98 acre tract and the interior Western corner of said remainder of a called 111.440 acre tract, continuing along the North line of said 31.554 acre tract into and across said 111.440 acre tract of land, the following six (6) calls: 1. 5 00°57'45" W, a distance of 15.44 feet to a point for a set 1/2" iron pin with cap ”HMT” for a corner; 2. S 84°57'34" E, a distance of 31.96 feet to a set 1/2" iron pin with cap ”HMT" for a corner, and the beginning of a curve; 3. Along the arc of a curve to the left, having a radius of 470.00 feet, an arc length of 229.50 feet, and a chord bearing and distance of N 81°03'06" E, 227.23 feet to a set 1/2" iron pin with cap ”HMT" for a corner; 4. N 67°03'46" E, a distance of 55.92 feet to a set 1/2" iron pin with cap ”HMT” for a corner, and the beginning of a curve; 5. Along the arc of a curve to the left, having a radius of 470.00 feet, an arc length of 144.12 feet, and a chord bearing and distance of N 58°16'42” E, 143.56 feet to a set 1/2" iron pin with cap ”HMT” for a corner; 6. N 49°29'37” E, a distance of 1255.65 feet to a found 1/2" iron pin with cap ”HMT” for a Southwest corner of South Creek Street, dedicated in Friendship Oaks, Unit 1, recorded in Document No. 2023010024, Official Public Records, Gillespie County, Texas, and the northernmost corner of the herein described tract; THENCE with the common line of said Friendship Oaks, Unit 1 and said 31.554 acre tract, the following four (4) calls: 1. Crossing South Creek Street S 40°35'34" E, a distance of 468.94 feet to a found 1/2" iron pin with cap ”HMT” for a corner of Lot 91, Friendship Oaks Unit 1; 2. N 88°56'15” E, passing through a found 1/2" iron pin with cap ”HMT" at a distance of 591.62 feet for the Northeast corner of said 31.554 acre tract and a Northwest corner of said remainder of a called 29.258 acre tract, recorded in Document No. 20221361, Official Public Records, Gillespie County, Texas continuing for a total distance of 687.78 feet to a set 1/2" iron pin with cap ”HMT” for the Southeast corner of Lot 104, Friendship Oaks, FORM T-7: Commitment for Title Insurance Legal Description Page 23 of 28 GF No.: 114729-002122 Page 82 of 93 LEGAL DESCRIPTION (Continued) Commitment Number: 114729-002122 Unit 1, and a corner of said 29.258 acre tract, the same point being a corner of the herein described tract; 3. N 01°05'20" W, a distance of 120.00 feet to a set 1/2" iron pin with cap ”HMT” lying in the South right—of—way line of Ciarans Crossing for the Northeast corner of said Lot 104, the same point being the Northern most West corner of said 29.258 acre tract and a corner of the herein described tract; 4. N 88°56'15" E, a distance of 170.02 feet along the South right-of—way line of Ciarans Crossing to a set 1/2" iron pin with cap ”HMT” for the Southeast corner of Friendship Oaks, Unit 1, lying in the East line of said 29.258 acre tract and the West line of the remainder of 3 called 44.435 acre tract, Tract lll, recorded in Volume 371, Pages 588-593, Official Public Records, Gillespie County, Texas, marking the Northeast corner of the herein described tract; THENCE along the West line of said 44.435 acre tract and the East line of said remainder of a called 29.258 acre tract the following two (2) calls: 1. S 01°05'31” E, a distance of 404.30 feet to a point for a corner; 2. S 01°52'55” E, a distance of312.34 feet to a found 1/2" iron pin for the Southeast corner of said 29.258 acre tract and the Southwest corner of said remainder of a called 44.435 acre tract, the same point being a corner of the remainder of a called 69.5 acre tract recorded in Volume 555, Pages 182-186, Official Public Records, Gillespie County, Texas, also being the Southwest corner of the herein described tract; THENCE along the South line of said 29.258 acre tract and a North line of said remainder of a called 69.5 acre tract, S 88°31'42" W, passing through a found 1/2" iron pin with cap ”HMT” at 503.29 feet for the Southwest corner of said remainder of a called 29.258 acre tract and a Southeast corner of said 31.554 acre tract and continuing for a total distance of 794.82 feet to a set 1/2' iron pin with cap ”HMT" for a corner of the herein described tract, lying in a North line of said remainder of a called 69.5 acre tract and the South line of said 31.554 acre tract; THENCE continuing over and across said 31.544 acre tract the following fifteen (15) calls: 1. N 88°42'09" W, a distance of 796.56 feet to a point for a corner; 2. N 01°57'01" W, a distance of 86.97 feet to a point for a corner; 3. N 40°30'23" W, a distance of 318.03 feet to a point for a corner; 4. S 49°29'37" W, a distance of 100.00 feet to a point for a corner and the beginning of a curve; 5. Along the arc of a curve to the left, said curve having a radius of 20.00 feet, an arc distance of 31.42 feet, and having a chord bearing and distance of S 04°29'37" W, 28.28 feet, to a point for a corner; 6. S 49°29'37“ W, a distance of 50.00 feet to a point for a corner and the beginning of a curve; 7. Along the arc of a curve to the left, said curve having a radius of 20.00 feet, an arc distance of 31.42 feet, and having a chord bearing and distance of N 85°30'23" W, 28.28 feet, to a point for a corner; 8. S 49°29'37" W, a distance of 196.35 feet to a point for a corner and the beginning of a curve; 9. Along the arc of a curve to the right, said curve having a radius of 530.00 feet, an arc distance of 162.52 feet, and having a chord bearing and distance of S 58°16'42" W, 161.88 feet, to a point for a corner; 10. S 67°03'46" W, a distance of 3.85 feet to a point for a corner; 11. Along the arc of a curve to the left, said curve having a radius of 20.00 feet, an arc distance of 31.42 feet, and having a chord bearing and distance of S 22°03'46" W, 28.28 feet, to a point for a corner; 12. S 68°33'45" W, a distance of 50.02 feet to a point for a corner and the beginning of a curve; 13. Along the arc of a curve to the left, said curve having a radius of 20.00 feet, an arc distance of 30.04 feet, and having a chord bearing and distance of N 65°57'37" W, 27.29 feet, to a point for a corner; 14. Along the arc of a reverse curve to the right, said curve having a radius of 530.00 feet, an arc distance of 73.52 feet and having a chord bearing and distance of S 74°59'26" W, 73.46 feet, to a point for a corner; 15. S 01°57'15" E, a distance of 9.90 feet to a set 1/2” iron pin with cap "HMT" for the Northeast corner of a called 2.36 acre tract, recorded in Document No. 20232809, Official Public Records, Gillespie County, Texas and a corner of said 31.554 acre tract the same point being a corner of the herein described tract; FORM T-7: Commitment for Title Insurance Legal Description Page 24 of 28 GF No.: 114729-002122 Page 83 of 93 LEGAL DESCRIPTION (Continued) Commitment Number: 114729-002122 THENCE along the North line of said 2.36 acre tract and a South line of said 31.554 acre tract and the herein described tract, N 89°56'44” W, a distance of 379.78 feet to a set 1/2" iron pin with cap ”HMT" lying in the East right of—way line of State Highway No. 87, for the Northwest corner of said 2.36 acre tract, and the Southwest corner of said 31.554 acre tract, the same point being the Southwest corner of the herein described tract and the beginning of a curve; THENCE along the arc of a curve to the right, said curve having a radius of 5679.60 feet, an arc distance of 83.23 feet, and having a chord bearing and distance of N 14°00‘18" W, 83.23 feet, to the POINT OF BEGINNING, containing 28.151 acres of land in Gillespie County, Texas. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description as to the area or quantity of land is not a representation that such area or quantity is correct, but is made solely for informational and/or identification purposes and does not override the exception contained in Schedule B, Item 2 herein. Tract 3: Being a 27.615 acre tract of land, situated in the situated in the Jose Esteban Bargas Survey, Abstract No.53 and the Samuel R. Wilson Survey No. 38, Abstract No. 725, Gillespie County, Texas, and being part of the following two tracts; 1. Part of the residue of a called 31.554 acres, recorded in Document No. 20231240 of the Official Public Records of Gillespie County, Texas. 2. Part of the residue of a called 111.44 acre tract of land, conveyed to HK Fredericksburg, LLC, recorded in Document No. 20193419, Official Public Records of Gillespie County, Texas, said 27.615 acre tract of land being more particularly described as follows; COMMENCING at a ½” iron with cap “HMT” set in the East line of State Hwy 87 for the Southwest corner of said 31.554 acre tract and the Northwest corner of a called 2.36 acre tract, recorded in Document No. 20232809 of the Official Public Records of Gillespie County, said point being in the South line of South Creek Road (not yet dedicated at time of survey) along the following two calls: 1. along the common line of said 31.554 acre tract and said 2.36 acre tract, South 89°56'44" East, a distance of 379.78 feet to a 1/2 iron rod with cap set for the Northeast corner of said 2,36 acre tract. 2. Into and across said 31.554 acre tract, North 01°57'15" West a distance of 9.90 feet to a 1/2" iron rod with cap "HMT" set for the POINT OF BEGINNING. THENCE continuing into and across said 31.554 acre tract, with the South line of said South Creek Road the following 11 calls: 1. along a curve to the left, said curve having a radius of 530.00 feet, a central angle of 7°56'53.52", a chord bearing and distance of North 74°59'26" East, 73.46 feet, for and arc distance of 73.52 feet to a point; 2. along a reverse curve to the right, said curve having a radius of 20.00 feet, a central angel of 86°02'46.68", a chord bearing and distance of South 65°57'37" East, 27.29 feet, for a an arc distance of 30.04 feet to a point; 3. North 68°33'45" East, a distance of 50.02 feet to a point; 4. along a non-tangent curve to the right, said curve having a radius of 20.00 feet, a central angel of 90°00'00.00", a chord bearing and distance of North 22°03'46" East, 28.28 feet, for an arc distance of 31.42 feet to a point: 5. North 67°03'46" East, a distance of 3.85 feet to a point; 6. along a tangent curve to the left, said curve having a radius of 530.00 feet, a central angle of 17°34'09.12", a chord bearing and distance of North 58°16'42" East, 161.88 feet, for an arc distance of 162.52 feet to a point; 7. North 49°29'37" East, a distance of 196.35 feet to a point; 8. along a tangent curve to the right, said curve having a radius of 20.00 feet, a central angle of 90°00'0.00", a chord bearing and distance of South 85°30'23" East. 28.28 feet, for an arc distance of 31.42 feet to a point; 9. North 49°29'37" East, a distance of 50.00 feet to a point; FORM T-7: Commitment for Title Insurance Legal Description Page 25 of 28 GF No.: 114729-002122 Page 84 of 93 LEGAL DESCRIPTION (Continued) Commitment Number: 114729-002122 10. along a non-tangent curve to the right, said curve having a radius of 20.00 feet, a central angel of 90°00'00.00", a chord bearing and distance of North 04°29'37" East, 28.28 feet, for a an arc distance of 31.42 feet to a point; 11. North 49°29'37" East, a distance of 100.00 feet to a point; THENCE departing said South Creek Road and continuing into and across said 31.554 acre tract the following 3 calls: 1. South 40°30'23" East, a distance of 318.03 feet to a point; 2. South 01°59'02" East, a distance of 85.50 feet to a point; 3. South 88°35'47" East, a distance of 796.59 feet to a 1/2" iron rod found in the South line of said 31.554 acre tract and lying in the North line of the remainder of a called 69.5 acre tract, recorded in Volume 555. Page 182-186 of the Gillespie County Records; THENCE with the South line of said 31.554 acre tract and the North line of said 69.5 acre tract, South 88°31'42" West, a distance of 540.19 feet to a mag nail found in concrete for the Northwest corner of said 69.5 acre tract for an inner corner of said 31.554 acre tract; THENCE with the East line of said 31.554 acre tract and the East line of said 111.44 acre and the West line of said 69.5 acre tract, the following two calls: 1. South 02°01'34" East, a distance of 965.03 feet to a 1/2" iron rod found; 2. South 01°48'50" East, a distance of 59.51 feet to a 1/2" iron rod set with cap "HMT" set; THENCE into and across the 111.44 acre tract the following 10 calls: 1. North 75°32'41" West, a distance of 162.58 feet to a point; 2. South 88°02'59" West, a distance of 305.28 feet to a point; 3. along a non-tangent curve to the left, said curve having a radius of 4.50 feet, a central angle of 90°00'00.00", a chord bearing and distance of North 46°57'01" West. 6.36 feet, for an arc distance of 7.07 feet to a point; 4. South 88°02'50" West, a distance of 231.00 feet to a point; 5. along a tangent curve to the left, said curve having a radius of 4.50 feet, a central angle of 90°00'00.00", a chord bearing and distance of South 43°02'59" West, 6.36 feet, for an arc distance of 7.07 feet to a point; 6. South 88°02'59" West, a distance of 50.00 feet to a point; 7. North 01°57'01" East, a distance of 4.50 feet to a point; 8. South 88°02'59" West, a distance of 120.00 feet to a point 9. South 01°57'01" East, a distance of 320.00 feet to a point; 10. South 88°02'59" West, a distance of 70.60 feet to a 1/2" iron rod with cap "HMT" set in the West line of said 111.44 acre4 tract and the East line of a called 15.68 acre tract, recorded in Volume 350, Page 864-868 of the Gillespie County Deed Records; THENCE with the West line of said 111.44 acre tract and the East line of said 15.65 acre tract, and the residue of a called 57.46 acre tract, recorded in Volume 97, Page 526 of the Gillespie County Deed Records (Labeled as Equestrian Drive approx. 60' wide, however no road dedication has been found) North 09°03'26" West, a distance of 423.99 feet to a 1/2" iron rod found for the Southeast corner of 2.00 acre tract, recorded in Document No. 20173309 of the Official Public Records of Gillespie County, Texas; THENCE with the West line of said 111.44 acre tract and the East line of said 2.00 acre tract, North 11°41'43" West. a distance of 361.11 feet to a 1/2" iron rod found for the Northeast corner of said 2.0 acre tract and the Southwest corner of a called 1.431 acre tract, recorded in Document No. 20202361 of the Official Public Records of Gillespie County, Texas; THENCE continuing with the West line of said 111.44 acre tract and the East line of said 1.431 acre tract, and the East line of said 2.36 acre tract, North 01°57'15" West, a distance of 524.04 feet to a POINT OF BEGINNING and FORM T-7: Commitment for Title Insurance Legal Description Page 26 of 28 GF No.: 114729-002122 Page 85 of 93 LEGAL DESCRIPTION (Continued) Commitment Number: 114729-002122 containing 27.615 acres of land, more or less. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description as to the area or quantity of land is not a representation that such area or quantity is correct, but is made solely for informational and/or identification purposes and does not override the exception contained in Schedule B, Item 2 herein. Tract 4: Being a 11.354 acre tract of land, situated in the Samuel R. Wilson Survey No. 38, Abstract No. 725, Gillespie County, Texas, and being part of the residue of a called 111.44 acre tract of land, conveyed to HK Fredericksburg, LLC, recorded in Document 20193419, Official Public Records of Gillespie County, Texas, said 11.354 acre tract of land being more particularly described as follows; BEGINNING at a 1/2" iron pin found with a plastic cap stamped "MDS" in the South line of a called 15.65 tract, conveyed to Dale Crenwelge, recorded in Volume 350, Page(s) 864-868, Official Public Records of Gillespie County, Texas, the North line of a called 0.26 of an acre tract, conveyed to Kevin W. Eckhardt, recorded in Volume 189, Pg. 396, Official Public Records of Gillespie County, Texas, for the Southwest corner of the above reference 111.44 acre tract, for the Southwest corner and POINT OF BEGINNING of this tract. THENCE severing said 111.44 acre tract, the following bearings and distances; 1. N 88°02'59" E a distance of 70.60 feet to a 1/2" iron pin set with plastic cap stamped "HMT". for an interior corner of this tract, 2. N 01°57'01" W a distance of 320.00 feet to a 1/2" iron pin set with a plastic cap "HMT", for the Northwest corner of this tract. 3. N 88°02'59" E a distance of 120.00 feet to a 1/2" iron pin set with plastic cap stamped "HMT", for a corner of this tract. 4. S 01?857'01" E a distance of 4.50 feet to a 1/2" iron pin set with plastic cap stamped "HMT", for a corner of this tract. 5. N 88°02'59" E a distance of 50.00 feet to a 1/2" iron pin set with a plastic cap stamped "HMT", for a corner of this tract and beginning of a curve to the right. 6. Along said curve to the right, having a radius of 4.50 feet, an arc length of 7.07 feet and chord bearing and distance of N 43°02'59" E 6.36 feet to a 1/2" iron pin set with a plastic cap stamped "HMT", said point marking the end of said curve. 7. N 88°02'59" E a distance of 231.00 feet to a 1/2" iron pin set with plastic cap stamped "HTM", for a corner of this tract, said point marking the beginning of a curve to the right. 8. Along said curve to the right, having a radius of 4.50 feet, an arc length of 7.70 feet, and a chord bearing and distance of S 46°57'01" E 6.36 feet to a 1/2" iron pin set with plastic cap stamped "HMT", marking the end of said curve. 9. N 88°02'59" E a distance of 305.28 feet to a 1/2" iron pin set with plastic cap stamped "HMT", for a corner of this tract. 10. S 75°32'41" E a distance of 162.67 feet to a 1/2" iron pin set with plastic cap stamped "HMT" in the West line of a called 69.5 acre tract, conveyed to Kevin W. Eckhardt, recorded in Volume 555. Pgs. 182-186, Official Public Records of Gillespie County, Texas, the East line of said 111.44 acre tract, for the Northeast corner of this tract. THENCE along the common line of said 111.44 acre tract and said 69.50 acre tract, S01°48'24" E a distance of 531.17 feet to a 1/2" iron pin found for the Northwest corner of called first tract, called 4.305 acres, the Northeast corner called second tract, called 5.695 acres, both conveyed to Kevin W. Eckhardt, both recorded in Volume 189, Pgs. 374-376, Official Public Records of Gillespie County, Texas, the Southeast corner of said 111.44 acre tract, for the Southeast corner of this tract. FORM T-7: Commitment for Title Insurance Legal Description Page 27 of 28 GF No.: 114729-002122 Page 86 of 93 LEGAL DESCRIPTION (Continued) Commitment Number: 114729-002122 THENCE along the common line of said 111.44 acre tract and partially along said 5.695 acre tract, N 89°52'17" W a distance of 709.96 feet to a 1/2" iron pin found in same, for the Southeast corner of a called 0.26 of an acre tract conveyed to Kevin W. Eckhardt, recorded in Volume 189, Pg. 396, Official Public Records of Gillespie County, Texas, for a corner of this tract. THENCE along the common line of said 0.26 of an acre tract and said 111.44 acre tract, the following bearings and distances; 1. N 00°34'49" W a distance of 25.18 feet to a 1/2" iron pin found for the Northeast corner of said 0.26 of an acre tract, an interior corner of said 111.44 acre tract for an interior corner of this tract. 2. N 89°58'07" W a distance of 206.17 feet to the POINT OF BEGINNING and containing 11.354 acres of land, more or less. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description as to the area or quantity of land is not a representation that such area or quantity is correct, but is made solely for informational and/or identification purposes and does not override the exception contained in Schedule B, Item 2 herein. FORM T-7: Commitment for Title Insurance Legal Description Page 28 of 28 GF No.: 114729-002122 Page 87 of 93 PLANNING AND ZONING COMMISSION AGENDA MEMO DEPARTMENT: Development Services TO: Planning and Zoning Commission FROM: Susana Huerta, Assistant Director of Development Services MEETING DATE: March 4, 2026 SECTION: ACTION ITEMS ITEM: B. CAPTION: Request SP-2601: By Cristi Kennedy to Consider the Site Plan Review for a Duplex Complex Located at 903 East Highway Street. SUMMARY: An application has been submitted for review of a Site Plan for a duplex development consisting of nine (9), two- bedroom units located within five (5) two-story buildings. The Site Plan was previously approved on September 6, 2023. However, the approval has since expired. The lot was previously replatted in 2021 (P-2136) resulting in the 1.379 acre lot located at 903 E. Highway Street. BACKGROUND: The property is currently vacant as it was subdivided in 2021 (P-2136) resulting in the current 1.379 acre lot. The neighborhood consists of a mix of Short-Term Rentals, residences and Multi-Family dwellings with the property to the west operating as a Short-Term Rental and the property to the east as a residence. This application was reviewed for its conformity with relevant City Ordinances, including Sec. 7.131, review and evaluation criteria for Site Plans. Site Area: 60,069 Sq Ft (1.379 Acres) Zoning: R2, Mixed Residential Sec. 3.110 Building Coverage: 17% (10,276 Sq Ft) (55% Max) Impervious Coverage: 40% (24,027 Sq Ft)(65% Max) Heights: 28 Ft (28' Max) Unit Count: Nine (9) two-bedroom units located within five (5) buildings Access and Circulation: The development has access off of Highway Street via a 20' wide driveway. Pedestrian Circulation: A five (5) foot wide Sidewalk is provided along the Highway Street frontage. Located on Sidewalk Plan - required. Parking: 21 spaces provided with 21 required. (2 spaces per unit) plus 10% additional for guests (2 additional spaces) required Sec. 7.863. Utilities: Utilities are available to serve the property and if an extension of utilities is required, the developer will pay for the extension. Detention: Detention will be addressed as part of the Civil Construction Plan review. Park Dedication: A fee in the amount of $500.00 per unit shall be paid prior to issuance of a Building Permit per Sec. 6.15 for a total of $4,500 (9 units). Landscape and Screening: Landscape plans are required per Sec. 7.920 and should include One (1) tree per 75 LF. Off-street parking shall have ten (10) sq ft of interior landscaping for each Page 88 of 93parking space. A strip of land at least five (5) ft in depth located between the abutting right-of-way and the off-street parking areas or other vehicular area which is exposed to an abutting right-of-way shall be landscaped and include one (1) tree for each fifty (50) LF. In addition, a hedge wall, or other durable landscape barrier, of at least two (2) feet in height, shall be placed along the perimeter. Screening along the perimeter of the property is required and may consist of a solid wood and/or masonry fence or wall at least six (6) feet but not greater than eight (8) feet in height. It may also include a hedge-like screen of evergreen plant material per Sec.7.94. Screening of the dumpster is required per Sec. 7.980. STAFF RECOMMENDATION: The application as presented is in compliance with all applicable ordinances and codes and if approved, would provide an additional long-term housing option as there have been few duplex developments proposed. Staff recommends approval conditioned upon the following: • Approval of Civil Construction Plans • Approval of an Addressing Plan • Approval of a Landscaping and Screening Plan • Payment of Park Dedication Fees prior to issuance of a Building Permit ATTACHMENTS: 1. SP-2601_UPdated site Plan 2. SP-2601_DSP Review Comment Response Letter022426 APPROVAL/REVIEW: Date: February 26, 2026 Susana Huerta, Assistant Director of Development Services Date: February 26, 2026 Cliff Cross, Director of Development Services Page 89 of 93 PROJECTION DESCRIPTION: N SINGLE FAMILY DUPLEX DWELLING UNITS. DEVELOPMENT WILL BE TYPE V-B CONSTRUCTION. BUILDINGS ARE TO BE WOOD FRAMED WITH EXTERIOR MATERIALS IN ACCORDANCE WITH CITY OF FREDERICKSBURG ZONING AND PLANNING ORDINANCES. 1. ALL SERVICE CONNECTIONS WORK AND TESTING SHALL BE IN ACCORDANCE WITH THE CITY OF FREDERICKSBURG STANDARD SPECIFICATIONS AND CONTRACT DOCUMENTS. 2. ALL NEW SANITARY SEWER LINES SHALL BE POLYVINYL CHLORIDE (PVC) AND HAVE A MINIMUM RATING OF SDR 26. 3. ALL NEW WATER LINES SHALL POLYVINYL CHLORIDE (PVC) OF THE RIGID TYPE AND MUST BEAR THE NATION SANITATION FOUNDATION SEAL OF APPROVAL FOR POTABLE WATER (NSF-PW) AND HAVE A PRESSURE RATE AT 02/24/2026 SDR-14 (2OO PSI) 4. CONTRACTOR TO CONFIRM EXISTING SANITARY SEWER LINE FLOW LINE W W PRIOR TO INSTALLATION OF PRIVATE 4" SANITARY SEWER. 5. CONTRACTOR TO CONFIRM EXISTING WATER LINE FLOWLINE PRIOR TO INSTALLATION OF PRIVATE WATER LINE. PLUMBER TO CONFIRM WATER LINE SIZES AND METER SIZE. . 6. PROPOSED EXTERIOR LIGHTING DESIGN WILL BE IN ACCORDANCE WITH CURRENT CITY OF FREDERICKSBURG ORDINANCE AND WILL BE INCLUDED IN BUILDING PLANS. 7. PROPOSED CONCRETE CURB AND DRIVEWAY IMPROVEMENTS WITHIN THE CITY OF FREDERICKSBURG ROW WILL BE CONSTRUCTED IN ACCORDANCE WITH CURRENT CITY OF FREDERICKSBURG CONSTRUCTION STANDARDS. 8. PROPOSED SIDEWALK FROM HANDICAP PARKING AREA TO BUILDING ENTRANCES MUST COMPLY WITH ALL ADA GUIDELINES. 9. NEAREST FH LOCATED APPROXIMATELY 190 LINEAR FEET FROM THE WEST PROPERTY LINE. 10. PROPOSED LANDSCAPE PLANS WILL BE INCLUDED AS PART OF THE CONSTRUCTION PLANS. 11. PROPOSED DUPLEX UNITS WILL BE ADDRESSED IN ACCORDANCE WITH USPS AND WILL BE INCLUDED IN BUILDING PERMIT PLANS. IR SQUARED ENGINEERING, LLC 2 TBPE Registration No. F-20819 DBE|ESBE|HABE|MBE|SBE|WBE S. MESQUITE 617 West Water Street Kerrville, Texas 78028 830-534-7921 PROP 8,400 GALLON RAINHARVEST CISTERN PROP ELECTRICAL LINE (BY OTHERS) (60' ROW) PROP UNIT 9 WITH GARAGE 3 CAR GARAGE W W W W W W W W PROP PROP PROP PROP PROP PROP PROP PROP W UNIT 1 UNIT 2 UNIT 3 UNIT 4 UNIT 5 UNIT 6 UNIT 7 UNIT 8 PROP 5' CONCRETE W SIDEWALK TIE INTO EXIST W W W W SIDEWALK W W W W W INSTALL: W 1~ 2" WATER METER PROP GAS LINE BY ATMOS 1~ DOUBLE DETECTOR PROP SAN MH W CHECK VALVE BACKFLOW W W PROP 2" PVT COMB PVC WL W W W W W W PREVENTER PROP PAVEMENT 2~ BALL VALVES REPAIR W TIE INTO EXIST 8" W W W W W SAN SWR W W W W PROP DETENTION W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W PROP GRINDER PROP 4" PVT COMB PVC WL PROP 20'X30' SYSTEM PROP 20' PROP 20' PROP 6" CONCRETE VISIBILITY TIE INTO EXIST 6" CRUSHED FIRE LANE TRIANGLE. WATER LINE PROP FIRE LANE EASEMENT PROP 2" FM PVT GRANITE DRIVE GUEST PARKING INSTALL: SAN SWR 1~ T.S.V. SCOTT AND PILAR KENNEDY PROP CONCRETE PROP PAVEMENT DRVWY REPAIR 903 EAST HIGHWAY, FREDERICKSBURG, TEXAS REVISED DEVELOPMENT SITE PLAN END PROP 6" CONC CURB TIE INTO PROP ILLUMINATED EXIST CURB TOMBSTONE SIGN EAST HIGHWAY PROP 10'X30' VISIBILITY TRIANGLE. (60' ROW) NO. DATE REVISION ENGINEER CHECKED BY ICR JOB NO. DRAWN BY 23300 IR SCALE DATE 1"=20' 02/24/2026 SHEET C1 Page 90 of 93February 24, 2026 Mrs. Jan Musgrove City of Fredericksburg 126 W. Main Street Fredericksburg, Texas 78624-3708 RE: SP-2601 Review Comments for a Site Plan Duplex Complex located at 903 East Highway Street, Fredericksburg, Texas Dear Jan, This letter and revised Development Site Plan serve as a response to the City comments received on February 17, 2026 concerning the above referenced project. • Provide 10% additional guest parking, label parking for apartment above garage and provide parking for the garage. Response: Two guest parking spaces have been added and parking labeled for apartment with garage. Please see updated attached Development Site Plan • The Site Plan requires Planning and Zoning Approval, tentatively scheduled for March 4, 2026. Response: IR Squared Engineering will attend the scheduled March 4, 2026 Planning and Zoning Meeting. • Provide the requested fixture types as part of the Building Permit process Article XV- Outdoor Lighting - Site Plan Checklist Response: Building permit plans will include a lighting plan and the requested fixture types. Proposed improvements will be in accordance with the City of Fredericksburg requirements. • Provide an addressing plan for the 9 units and coordinate with USPS for mail delivery. Response: Units have been labeled on the attached development site plan. Owner will coordinate with USPS to set up development for mail delivery. • Parkland dedication of $500.00 per unit for a total of $8,500 will be required prior to issuance of a building permit. Response: Owner will pay the required $4,500 fees prior to issuance of a building permit. Owner has coordinated with revised fee amount. Page 91 of 93 • Civil Construction plans will be required. Items like utility connections and drainage will be reviewed in detail at that time. Response: IR Squared Engineering will submit the required updated constructions plans as part of the building permit application. Please let me know if you have any questions or need additional information. Kindest Regards, Ivalu Rose, P.E., CFM IR Squared Engineering LLC TBPE Firm Registration No: F-20819 Page 92 of 93 PLANNING AND ZONING COMMISSION AGENDA MEMO DEPARTMENT: Development Services TO: Planning and Zoning Commission FROM: MEETING DATE: March 4, 2026 SECTION: ACTION ITEMS ITEM: C. CAPTION: Consider and take action initiating text amendments pertaining to the definition of and establishment of Game of Skill Parlors and to further consider and take action to initiate text amendments pertaining to the establishment of Multiple Family Residential Developments. SUMMARY: BACKGROUND: STAFF RECOMMENDATION: ATTACHMENTS: None APPROVAL/REVIEW: Date: February 26, 2026 Cliff Cross, Director of Development Services Page 93 of 93