2009S40-Rezoning 50 acres Schwab Road ORDINANCE N0.09-5-40
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP ORDINANCE 07-5-40 BY
REZONING APPROXIMATELY 50~ ACRES OF LAND FROM A
COMBINATION OF MANUFACTURING DISTRICT-LIGHT (M-1) AND
GENERAL BUSINESS DISTRICT (GB) TO ENTIRELY
MANUFACTURING DISTRICT-LIGHT (M-1), THE PROPERTY BEING
MORE SPECIFICALLY DESCRIBED AS A PORTION OF THE C.M
GAHAGAN SURVEY NO. 258 ABSTRACT NO. 182 AND OF THE J.F.
ZEPEDA SURVEY NO. 257 ABSTRACT 685, GENERALLY LOCATED
565E FEET NORTH OF THE INTERSECTION OF IH-35 AND SCHWAB
ROAD; PROVIDING A REVERSION PROVISION; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE AND DECLARING AN EMERGENCY
WHEREAS, pursuant to the Unified Development Code, the City Manager has
requested the rezoning of approximately 50~ acres of land described by metes and bounds and a
map in Exhibit 1 attached hereto and incorporated herein by reference (the "Property") from a
combination of Manufacturing District-Light (M-1) and General Business (GB) to entirely
Manufacturing District-Light (M-1);
WHEREAS, all required notices have been provided;
WHEREAS, on October 13, 2009, the Planning and Zoning Commission conducted a
public hearing and determined that this request is in the interest of public safety, health, and
welfare and recommended approval of the requested zoning classification for the entire Property
of Manufacturing District-Light (M-1);
WHEREAS, on October 13, 2009, the City Council conducted a public hearing and
determined that this request is in the interest of public safety, health, and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS THAT:
SECTION I
The Property is hereby zoned in its entirety as Manufacturing District-Light (M-1).
SECTION II
The Official Zoning Map (Ordinance 07-5-40) of the City of Schertz described and
referred to in Article 2 of the Unified Development Code shall be changed to reflect the above
zoning amendment.
Ordinance 09-5-40.doc
SECTION III
The City Council anticipates that a facility for the conduct of regional business operations
described on Exhibit 2 will be constructed and established on the Property (the "Anticipated
Operations"). If the City Manager or his designee shall certify to the City Council that a
complete preliminary site plan application describing a facility on the Property compatible with
the Anticipated Operations has not been filed with the City by June 30, 2010, the actions
authorized in Section I and Section II of this Ordinance shall be repealed and shall be void, and
the zoning classification of the Property shall revert to the zoning classifications in effect
immediately prior to adoption of this Ordinance.
SECTION IV
This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this
Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except
insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this
Ordinance, in which event such conflicting provisions, if any, are hereby repealed.
SECTION V
The sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared
unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining
phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same would have
been enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional or invalid phrase, clause, sentence, paragraph or section.
SECTION VI
Any person, firm, association of persons, corporation or other organization violating the
provisions of this Ordinance with respect to use of the Property in a manner not permitted by the
authorized zoning classification shall be deemed to be guilty of a misdemeanor and, upon
conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation
continues shall be deemed as a separate offense.
SECTION VII
Pursuant to Section 4.09(e) of the City Charter, by vote of not less than two-thirds of the
members of the City Council present at the meeting at which this Ordinance was first considered,
the City Council has determined that an emergency exists which requires immediate action, and
this Ordinance is hereby adopted on a single reading and shall be effective upon the date hereof
and any publication required by law.
Ordinance 09-S-40.doc -2-
PASSED, APPROVED, AND ADOPTED on first and final reading this 13th day of
October, 2009.
ayor, Cit of Schertz, Texas
(SEAf~ OF THE CITYI
ATTEST:
City ecretary, City of Schertz, Texas
Ordinance 09-5-40.doc -3-
ENGINE=ERiNG S~LUTfON5
50.000 ACRES FN NO.PR50003801-01
(2,17$,0000 SQ. FT.} ~ SEPTEMBER 15, 2008
PR50003801-ti.dwg JOB NO. PR50003801 '
FIELD NOTE DESCRIP'I'IaPT
50.000 ACRE TRACT OF LAND SITUATED IN THE CITY OF SCHERTZ, COMAL
COUNTX, TEXAS, BEING A PORTION OF THAT REMAINING PORTION OF 89.353
ACRE TRACT CONVEYED TD SAN ANTONIO ONE LTD. PARTNERSHIP BY DEED OF
RECORD IN VOLUME 803, PAGE 781 OF THE DEED RECORDS OF COMAL COUNTY,
TEXAS, AND A PORTION OF THAT REMAINING PORTION OF 101.250 ACRE
TRACT CONVEYEDS TO SAN ANTONIO ONE L'TD. PARTNERSHIP BY DEED OF
RECORD IN VOLUME 803, PAGE 777 OF SAID DEED RECORDS OF COMAL
COUNT'X, 'T'EXAS; SAID 50,000 ACRES BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS WITH ALL BEARINGS BEING REFERENCED TO THE NORTH AMERICAN
DATUM OF 1983, TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL
ZONE:
7~EGINNING, AT A FOUND ya INCH IRON ROD LOCATED IN THE WESTERLY
RIGHT-OF-WAY LINE OF SCH~n7AB ROAD (86' R.O.W.}, BEING THE
SOUTHEASTERLY CORNER OF LOT 1, BLOCIS 2, L'ACK'S SUBDIVISION, A
SUBDIVISION OF RECORD IN DOCUMENT NO. 20070501.3878 OF THE MAP AND
PLAT RECORDS OF' COMAL COUNTY, TEXAS, FROM WHICH A FOUND 'rE INCH IRON
ROD LOCATED AT 7.'HE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE
OF SCHWAS ROAD ANb THE SOUTHERLY RIGHT-OF-WAY LINE OF UNION PACIFIC
RAILROAD {R.O.T++~. VARIES} BEARS N 31° 02' 26" W, A DISTANCE OF
825.17 FEET;
TEiENCE, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SCHWAB ROAD, THE
FOLLOWING COURSES:
5 31° 02' 26" E; A DISTANCE OF 372,55 FEET TO A SET INCH IRON ROD
WITkI BPI CAP;
SOUTHEASTERLY, ALONG THE ARC OF A CURVE TO THE RICxHT HAVING A
RADIUS OF 1457.00 FEET, A CENTRAL ANGLE OF 08° 59` 57", AN ARC
LENGTH OF 228.84 FEET AND A CHORD BEARING: S 26° 32' 27" E, A
DISTANCE OF 7_28.61 FEET TO A SET INCH IRON ROD WITH BPI CAP;
S 22° 02' 29" E, A DISTANCE OF 21D.03 FEET TO A SET INCH IRON ROD
WITH BPI CAP:
SOUTHEASTERLY, ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 1543.OU FEET, A CENTRAL ANGLE OF 03° 17' 42", AN ARC LENGTH OF
88.74 FEET AND A CHORD BEARING: S 23° 91` 20" E, A DISTANCE OF
88.72 FEET TO A SET iNCH IRON ROD WITH BPI CAP;
EXHIBIT 1
Ordinance 09-S-40.doc
T~EI3CE, LEAVING 'IH1~~ ~WES'.CERLY RIGHT-OF-WAY LINE OF SCHtvAB ROAll, :[N']'O
AND ACROSS SAID REMAINING PORTION OF 89.353 ACRE TRACT AND SAID
REMAINING PORTION Off' 10.650 ACRE TRt~CT, THE FOLLOWING COURSES:
S 6.3 ° 59' S2" W, A DIST~iNCE OF 21.76 FEET 'PO A SET INCH IRON ROB
WITH BPI CAP;
S 74° 31.' 96" W, A DISTANCE OF 25.02 FEET TO A SET INCIi IRON ROD
WITH BPI CAP;
S 06° 21' 14" W, A DISTANCE OF 40. b8 r'k:ET TO A SET '-1 INCH IRON ROD
VJITIi T3PI CAP;
S 26° 37.' S0" E, A DISTANCE OF 60.82 FEET TO A Sk:'I' ~ INCH IRON ROD
WITH BPI CAP;
N 61° 31' 49" E, A DISTANCE OF 44 . J.1. 1:'EI~'T TO A SET INCH IRON ROD
WITH BPI CAP;
SOUTHE;I~S']'E:(ZLY, ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 1568.00 FEET, A CENTRAL ANGLE OF 01° 38' 27", AN .AI2C T,F,iVG3'H OE'
49.90 FEET AND A CHORD BEARING: S 29° 24' 36" E, A DIS'l,'ANCE OF
44.90 FEET TO A SET 3'a Ih1CH IRON ROD G7ITH BPI CAP;
i
S 30° 13' 49" E, A DISTANCE OF 322, 9S .F'1.?ErJ' '1'O A SET 3°z INCH IRON RQD
WIT~'-i BPI CAP FOR THE SOUTHEASTERLY CORNER HT~RI:.OF;
S 58° 57' 34" W, A DISTANCE OF 7.558.98 FEET TO A SET ~z INCH IRON
ROD [^7ITH BPI CAP FC1R '1'HE SOFJTHWESTERLY CORNER HEREOF;
N 31° 02' 26" W, A DISTP~ICE OF 1350.00 FEET TO SET 3~ INCH IRON ROD
t~1ITH BPI CAP LOCATED IN TIIE SOUTHERLY i,'CNE (7E' SAID LOT 1, BLOCK 2,
LACK`S SUBDIVISION;
TETEN'C~, N 58° 57' 34" E, ALONG THE SOUTHERLY LIRE QF SKID T.,~>T 1,
BLOCFi 2, I'OR TH1; NOR'FHEF2LY LINE HEREOF, A DISTANCE OF 1658.17 FEET
T(~ THE POTL3T OE' B'~GSNNTA7Cx, CONTAINING AN AF2EA OF 50.000 ACRES.
X2,178-,000 SQ. FT.} OF LAND, MORE OR LESS.
Note: A sketch of even date accompanies this Legal Description.
H.41, f3 '_.,A'tVE III c~,'~`~ ~O',~P
REGISTERED PROFESSIONAL LAND SURVEYOR
~ HAL B~L.I~NE lit
TEXAS REGISTRATION NO. 4690
4690
BURY & PARTNERS, INC. . ~,'~SStiv~
~~0~
gyp'°•
ENGIDFEF:RS AND SURVEYORS ~~ySUF~~
922 ISOM ROAD, SUITE #100
SAN- P~iTONIO, TEXAS 7621b
EXH181T 1
Ordinance 09-5-40.doc
LINE TABU
LINE BEARING LENGTH
Li 563"59'52"W 21.76'
L2 57431'46°W 25.02' U1'71DH AALYFID pptLpppp
L3 SO6'2t'i4'W 40.68' paaw v,~)
L4 526'31'50"E 50.82'
LS N6131'49'E 44.71'
L6 S3D'1'S'49"E 322.95'
L7 S56"5734°W 1558.98' LOT 1. BLOCK 2
LS N31'02'26°W 1350.00' LACK'S SllSDIVISION
L9 N58'S7'34'E 1658.17' DOG. dt20D7D6013B78
Li0 S31"D2'26"E 372.55'
L15 S22'02'29"E 2iO.O3' ?v'~R~/E TABLE D K D p R 1 G u E x
Gl1RVE DELTA RADIUS LENGTH CHORD DIREC710N CHORD p R A 1~ G } s ~ 6 y No• B e
C] DS-59'57" 1457.00 228.84 S26"32'27`E 228.61 5 V R
C2 03'17'42" 1543.00 88.74 523 41'2D"E 88.72
C3 - 05'38'27" 1566.OD 44.94 S29"24'36'E 44.90
L9 P .B. ,
26.'570 ACRES
OWN£R: R£MAIN)NG PtlR:T1DN DF
SAN ANYDNID DNE 101.250 AcRr'S
L76. PAR7NFl29HIP VDL 8D8 PD. 777 O
sun u ~ - _ ~ 1cALLED )41.65D AGRFS) - ` - -
Dl~E~Dnn LnryINE ~~?.++pp
t I ~0
VVV Pi~J'{•7~V
1 t
(2,178, OOQ SQ. FT,)
/ PMiNisDll~
40L tW, f0.
7e1
a
~ I G. N1~ ANA A N u R v £ y Na ~ 5 ~ (L~ T.ozlo
o~ i 5AN AN70NJ0 ONC L7D. au.~la AcRai
4! 2 g 7, i PAIZTNERSH]P ~ t'~-~~ ra. ~
1R V E Y NO~ I 79,321 ACRES
p f p A s v N°, s e I RF.TrtAIN3NCs PORTION OF 5-
• Z A a 5 T RAE 7/ i 89.353 ACRES
i i {CALLED 89.d]2 ACKESS
/ ~ VOL. 808 PG, 735 f~ ~q
2asm Acxtn I
REWgaNq PORf10N DP
f01.2E0 ACRFa J ~
vat aqa ra 77r
ICAI~rn to t_asD ACk®f / ~Iw L7 p~ $
J
) «~~i ~8
/ alb
f/ 41 ~ i
I I
f i
l I
LEGEAID -
INi~I?•gT'ATE IiWY 35
® 1/Z" IRON ROD FOUND (vAR1A6LE Mw9H rzaw.) O 200 4fl0 600 8(}O
O 1/3." IRON ROD SET ~"=4.00'
P.O.B. POINT OF 8EGINNING
-~~~~7~.~~~.~ S#tETC}i TO AGG4WiPANY DESCRIFTIQP! OF L~
E H d i N E E R l T2 o s o i u T I o N s 50.000 ACRE TRACT of LANG SINATEb RI THE CITY of Sp$272, COMAL II"~ 3rJ S~R~VAB ROAD
972 I.om Road, 3uitr 1q0 c7RACT
CONVEYED ETD SJ+N A~NTON10 ONE L'iD_RPARITiiERSliP B~D~DBOFSRECORB SCHERTZ, `FEXAS
g,oi An{oolo. ~ 7g2)g M VOLUNE 803, PAGE 781 OF THE DEED RECORDS OF COMAL GOtINTY. TEX.IS,
Tr1 (21q)525-go9q Ynt (Zig7527-0.529 AND A pORnON OF THAT REHAIMNG PORTION DF 70150 ACRE TRACF
Bi¢y+Parl°ers-Sf, ]aa eCop7riLLt 20UA CONVEYED TO SAN ANTONID qVE LTD. PARTNERSHIP BY HEED OF REGARD iN
VOWME 803, PAGE 777 OF SAID DEE6 RECORDS OF CDAIAL COUNTY, TEXAS
DATE 09/17/09 DRAWN BY: MTH FILE: H-\PR50003801\500D3801ext.dwg fN ND, PR5000,'i801-1 PROJECT ND. PR50003801
E)CHIBIT 1
Ordinance 09-S-40.doc
THE ANTICIPATED OPERATIONS
GENERAL FACILITY DESCRIPTION
The proposed new facility will consist of warehouse space, two-story offices, a truck
maintenance building, truck docks and truck/auto paving. The construction is proposed to be
structural steel frame with lightweight insulated wall panels. The truck docks and exterior office
walls will be concrete. The exterior warehouse walls will be insulated metal panels. The
approximate cost of the new facility is $50,000,000.
GENERAL BUSINESS OPERATIONS DESCRIPTION
The facility will be a warehouse and distribution center for consumer products. It will be owned
and operated by a Fortune 500 company and employ approximately 400 employees. It is
expected that 150 trucks having one round-trip per day will service the facility.
Ordinance 09-S-40.doc EXHIBIT 2