16-S-28 - Rezoning approximately 14 acres of land from Naufacturing District, Light to Agricultural DistrictAN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 14
ACRES OF LAND FROM MANUFACTURING DISTRICT, LIGHT (M -1) TO
AGRICULTURAL DISTRICT (AD).
WHEREAS, an application to rezone approximately 14 acres of land generally located 705 feet
west of the intersection of FM 482 and Hubertus Road, and more specifically 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
criteria 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
"Criteria "); and
WHEREAS, on July 27, 2016, the Planning and Zoning Commission conducted a public hearing
and, after considering the Criteria, made a recommendation to City Council of approval of the
rezone; and
WHEREAS, on August 23, 2016 the City Council conducted a public hearing and after
considering the Criteria 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 Agricultural District (AD).
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inconsistent with any provision of this Ordinance are hereby repealed to the extent of such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 23rd day of August, 2016.
PASSED, APPROVED AND ADOPTED on final reading the 30th day of August, 2016.
ael eRCar! p enter Mayor
ST:
r.
Brenda Dennis, City Secretary
(SEAL OF THE CITY)
Exhibit A
"The Property"
FIELDNOTE DESCRIPTION
F,ETNG A 13 . 1_7 A-P.E TRACT O-F LAND SITU.T,TED !M THE RAFAFL GARZA SURVEY
No. 98, ABS'_7'P_ACT N�. 1-1-5, COMA? COUNTY, TEXXPS AND _-3ETMG OF THE SAME
R, T C T S DESCRIBED A S A 5 . Q 0 A C PlE '1',R A C T I iN D C) C, U Ni E I� T � 1: " N 01 . 2016 0 6 0 13 S 58 A N D
AS A 8,17 ACRE TRACT IN DOCUMENT NO. 2-01.606013859, OFFICIT`,L 2UBLi[C
RE,,-_'OR.DS OF COvIAL COU'MTY, TEXAS, SAID 13.17 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
3SEGINNING, AT 1-1 FOUND IRON ROD SITUATED ON THE NOR TFWESTERLY
RIGHT OF WAY -LINE OF FM 482 AT THE SOUTHERLY CORNER OF THA'l CERTAIN-,
0.344 ACRE TRACT OF LAND RECORDED IN VOLUME 321, PAGE 162, OFFICIAL
PUBLIC RECORDS OF COMAL COUNTY, TEXAS, FOR THE SOUTHEASTERLY CORNER OF
SAj.D 8.17 ACRE TRACT AND POINT OP BEGTMITING HEREOF;
THENCE, ALONG THE COMMON NORTHWESTERLY RIGHT OF WAY LINE OF FM 482 AND
THE SOUTHEASTERLY F30"UNDARY LINE OF SAID 8.17 ACRE AND 5.00 ACRE TRACTS
OF LAND, THE FOLLOWING COURSES:
S 40* 34' 16" A DISTANCE OF 457.68 FEET TO A SET 1-1 INCH IRON ROD
WTTH YELLOW PLASTIC- CAP STAMPED "SHERWOOD SURVEYING" FOR A POINT HEREOF;
44' 4,5' 1.5" W, A DTI STAN E OF 1.36.85 FEET TO A FCJJND 1!2 INCH IROM. ROD
FOP
F R THE, SOUTHERLY CORNER OF SAID 5.00 ACRE, TRACT AND HEREOF;
THFMCE, N 29' 40' 48" W, ALONG THE COMt-'10�,` NORTHEASTERLY LINE OF THAT
CERTAIN 13.162 ACRE TRACT RECORDED DOCUMENT NO. 9906004512, OFFICIAL
(A' COMA1.1 COUNTY, TEXAS, THE SOUTHWESTERLY BOUNDARY LINE
OF SAID 5.00 ACRE TRACT, A DISTANCE OF 1154.61 EFEET TO A FOUND I-It"ICH
IRON ROD SITUATED IN THE CO?` SOUTHEASTERLY BOUNDARY LINE OF THAT
CERTAIN 36.249 !V__'_RE TRACT RECORDED IN DOCUi�IENT NO. 2011060117221,
F C IC AL PUMLT" REC -._-S OF COMAL COUNTY., TEXAS, FOR THE NORTHWESTER-1
CORNER OF SAID 5.00 ACRE TRACT AND HEREOF;
THENCE, ALOING THE "COMMON SOUTHEASTERLY 111,1NE OF SAID 36.248 ACRE TRACT
AND NORTHWESTER.LY LINE, OF SAID 5.00 ACRE AND 8.1.7 ACRE TRACTS, THE
FOLLOWING CDLLS,
N 600 31' 22" E, A DISTANCE OF 3-7.37 FEET TO A FOUND 4�-INCH IRON ROD,
S -15' 06' 52" E, A DISTANCE 017 4 1 .58 FEET TO A FOUND � -INCH' -1-11RON ROD;
N 59' 10' 02" E, A DlSTANCE OF 509.34 FEET TO A FOUND '�,-INCH if-'\O ROD
AT THE "NOPTHWESTFIRLY -'CORNER OF" '1'HAT CEPTAT' 31 , 60159 ACIP7 TFJ�,r'T REC0,:R,r,-FD
11 U %'!E 5-N), PACiE 4441f 02-'F r-'.,-.AL PUBLIC' O L CO III, ,171"r,
H-E N0RTl-fE.AQTER"uY CORNER 0 SAID 8 . 17 ACR' TRACT PNI[) f'Epf,,OF,
'tHENCE, S 30"
25' 15 E, A-LONG THE
COMMON
SOUTHWESTERLY LINE OF SAID
3.659 ACRE TRACT, THE NORTHEASTERLY
LINE
OF SAID 0.344 ACRE AND 8.17
73..
CCRE TIACTS,
DISTANCE OF 932.03
FEET
TIO THE POINT OF BEG!'"ING,
CONTAI N T N" AN
APEA OF 3 � 17 A-RES OF
Ll�%ND
MORE' OF, LESS
i, RICHARD A GOODWIN, A REGISTERED _PF),OFESSIONAL LAND SURVEYOR, DO
HEREBY r'ERTIFY THA--"' THE PR(')P"T"-!,',TY DESCRIBED HEREIN WAS DETERMINED FROM,
SUR'VE-,� N�ADE 'C'N' '-I'HE CGRO-UND AJly- f- T
Nj
A SURVEY EXHIBIT WAS PREPARED ON THIS SAME DATE. BASIS OF BEARING IS
NAD 83 TEXAS STATE PLANE COORDINATES, SOUTH CENTRAL ZONE.
SHERWOOD SURVEYING & SUE
='.O, BOX 992
SPRING BRANCH, TEXAS 78070
TBPj..,S FIRM #10044200
RICHARD A GOODWIN DATE
R.P—L.S, 44069 STATE OF TEXAS
...........
RICHARD A. GOODWIi
.................... ........
4069
�Es
u I Rlj;F-Aoy
Exhibit B
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