15-S-28 - rezone 34.964 acre tract from Predevelopment District to General Business DistrictORDINANCE NO. 15 -S -28
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY
34.964 ACRE TRACT OF LAND FROM PREDEVELOPMENT DISTRICT (PRE) TO
GENERAL BUSINESS DISTRICT (GB).
WHEREAS, an application to rezone approximately 34.964 acres of land described in the
Exhibit A and Exhibit B attached herein (herein, the "Property") has been filed with the City;
and
WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain
conditions to be considered by the Planning and Zoning Commission in making
recommendations to City Council and by City Council in considering final action on a requested
zone change (the "Conditions "); and
WHEREAS, on August 12, 2015, the Planning and Zoning Commission conducted a public
hearing and, after considering the proposed request made a recommendation of approval of the
rezoning; and
WHEREAS, on August 25, 2015 the City Council conducted a public hearing and after
considering the Conditions and recommendation by the Planning and Zoning Commission,
determined that the requested zoning be approved as provided for herein.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT:
Section 1. The Property as shown and more particularly described in the attached Exhibit
A and Exhibit B, is hereby zoned General Business District (GB).
Section 2. The Official Zoning Map of the City of Schertz, described and referred to in
Article 2 of the Unified Development Code, shall be revised to reflect the above amendment.
Section 3. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 4. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
Section 5. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 6. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 7. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 8. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
Section 9. 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.
Approved on first reading the 25th day of August, 2015.
PASSED, APPROVED AND ADOPTED on final read' St day of September, 2015.
ael R. Carpenter, Mayor
ATTEST:
11A AA
renda Dennis, City Secretary
(SEAL OF THE CITY)
Exhibit A
"The Property"
11. A. KUK11LEM SURVRY COMPANY
Boundary '+ Subdivisions • Oil Wells • Construction
FIELD NOTES
Field notes of a 34.964 acre tract of land situated in Bexar County,
Texas and being out of the Elieio rortari Survey No. 2, Abstract 5,
County Block $193 and being part of that tract described as
containing 33.08 acres as conveyed to A.J. Ploch Oil Company, Inc.,
by deeJ recorded In Volume 5859, Page 407 of the Deed Records of
Bexar County, Texas and being more particularly described by metes
and bounds as follows;
Beginning at a concrete' mo`nu'ment found at the,,iaptersection of the
northeast line of farm to Market Road 1519 with} a out off line at its
intersection with the northwese' line of Intersi�,te Highway 10.
Thence N 30 des. 17' 06" W. 1030.56 feet along- =the northeast line of
Farm to Market Road 1518 to a 1/2" iron pica .f�iund at fence corner at
the west corner of this tract.
Thence N 59 deg. -37' 48" E, 1235.39 feet with fence along the
northwest line of said 33.08 acre tract, being the southeast line of
a 57.31 acre tract-conveyed to Clifford Johnson, et ux, by deed
recorded in Volume 1190, Page 564, Real Property Records, to a 5/8"
Iron lain .found at fence corner at the north corner of said 33.08 acre
tract and this tract, being the west corner of a 35.21 acre tract
conveyed to Linda Rohde by deed recorded in Volume 1403, Page 3, Deed
Records.
Thence 8 30 deg. 17` 33" Z. 1380.95 with fence along the northeast
line of said 33.08 acre tract, being the southwest line: of said 35.21
acre tract to a concrete monument found in the northwest line of
Interstate Highway 10 at the east corner of this tract, being the
south corner of said 35.21 acre tract.
Thence along the northwest line of Interstate Highway 10, as hollows:
S 76 deg. 20 33" W. 406.58 feet to a 1/2" iron pins `
set at an angle point.
S 68 deg. 36' Oil" W. 756.30 feet to a 1/2" Iron pin
set at a cut off line between the northwest line of
Interstate Highway lO and the northeast line of Farm
to Market Road 1518.
Whence N 70 deg. 50' 30" W. 151,90 Feet along said out off line to
the Place of beginning and containing 34.964 acres of land according
to a survey made on the ground.
Job No. 078 -94
Surveyed March 3 1994
S� E HENRY A. KU53L1LEM
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Exhibit B
"The Property"
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