17-S-23 - Rezoning 12 acres from Residential to Planned DevelopmentORDINANCE NO. 17 -S -23
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 12
ACRES OF LAND FROM APARTMENT / MULTI - FAMILY RESIDENTIAL, (R -4) TO
PLANNED DEVELOPMENT DISTRICT (PDD).
WHEREAS, an application to rezone approximately 12 acres of land generally located at the
intersection of FM 3009 and Ashley Oak Dr. and more specifically described in the Exhibit A and
Exhibit B attached herein (the "Property "); 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 zone change (the "Criteria "); and
WHEREAS, on June 14, 2017, the Planning and Zoning Commission conducted a public hearing
and, after considering the Criteria, made a recommendation of approval of the rezoning according
to the development standards set forth in Exhibit C attached herein (the "Development
Standards "); and
WHEREAS, on July 11, 2017 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, is hereby zoned Planned Development District (PDD).
Section 2. The Property shall be developed in general conformance with the development
plan attached as Exhibit B and the Development Standards attached as Exhibit C.
Section 3. 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 4. 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 5. 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with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the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 6. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 7. 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 8. 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 9. This Ordinance shall be effective upon the date of final adoption hereof and any
publication required by law.
Section 10. 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 11th day of July, 2017.
PASSED, APPROVED AND ADOPTED on final re' 25th day of July, 2017.
R. Carpenter, Mayor
ATTEST:
j
Donna Schmoekel, Deputy City Secretary
(SEAL OF THE CITY)
Exhibit A
"The Property"
FIELD N(YfES rFW
SURVEYING
('tall!
AN Itt)(i7 ACRE TRACT
An 11.04)7 acre tract of lased, situated in tho City of Scherm out of tlhc 5urvuy Nn. 68, Absimct lgos
153, Guadalupe, County. Texas, and being all of a called I L002 acre tract of land as conveyed to OIII As =et (X)
Sthertz, LLC, A Delaware Limited Company Docx 20I5024(-540 of the official Public Records of Otmdaluge County,
Text, Said 11.07 acre tract being more par iculmly doscriba>d by metes and bounds as rolisaww,
BEGINNING at a pom Milt the intersection of the southeast right -of iva} line of Ashley Oaks Drive, to Variable
Width right-of, way, as shown ate the Ashley Plate, Unit 4 Subdivision Plat of record to Volume 5 Page 37311 oe the
Plat Records of Guadalupe County, 'Texas rand ilia north -west right- or9way line of F, TV. 311309, a variahle width right -
of -way, for the north comcr of the 11.0152 nacre to t and the tract described herein,
THENCE: Along; and with the nottlteast line of tim. I LOG2 acm tract arid the southwest right-of-way lute of F. -pie
3005), the following two (2) courses;
1, a 30 05' 211' E, it distance of 378,56 feet to a found W' iron rod for an exterior corner of the tract dcwribcd
herein, anti
2, S 17" 12' 29" E, a distance of 1W51 feet to it found 4 Y' Irun rod for the north corner arf List 83, Bluck 3 of
rite Berry Creek. unit 2 Subdivision Plat of record in Volume 6 Page 28 of [lee; Plat Records of Guadalupe
County, Texas and at5n tieing that samr, tract of lased convcyed to The City cif Scheriz Of record in Volume
1624 Page 748 of the Official Public; Records of Guadalupe County, Tetras, for theeast conver of send I l.00-2
acre truth and dw tract des°rihed herein,
C1 Ff+ CXy 8 58' 4-Z,' 4Z" W, departing dw sc uth ecl litre of F M. 3009 ;end along and with the northwest
line of said Black 3 and the snuthcasl line of the 11.002 acre tract, a distance of 96192 feet to u Ii` iron mel for the
east corner of Lot 61 and die north corner of Lut 63, bath of sold Black 3, for the southwest cornet of the 11,£!112 acre
tract and the tract described hcreinl
`i`lf-iENCE. N 2V 42' 00 W, aatong and with the northwest line of said Slack 3, the ttorthcasst line of 8lrack 12 of said.
Ashloy Platte Knit 4 SubdlvWon and the southwest line of Ow 11,002 acre rrsct, a distance of 49192 feet to a [taint
far the nonfivAst darner of said Block 12, fair•• tine west corner of said 11 -002 acre traaat and flit tract describer! hereto;
THENCE N 59' 10' 550" &a along artd wish the southeast right- of-way line of Ashlby Onk Drive and dw northwest
lute of the l M-102 tac_rc ttrac as disttance of 981117 hurt to the POINT OF REGIN ` IENG and containing 1]-007 ;taus,
!hare - or Its,, in flee City of Scher! €, Quadaalupe County, Texas aind being described in accordance with an exhibit
prepared by IfF%N' Surveying, Beatrings are leased can 1* AD83 (2011) Texas State Plane South Central Zone. 42€14.
- Distances recited herein are surface distances using an average. combined scale factor of 0.99483883422.
- -this document was prepn.md under 22TAC663.21, does not roflcct tho results or an net the ground surrey, and is not
tai be used to convey use establish interests:: in real property except those rights and interests implied or established by
the creation or reconfiguratlon of the boundary of the political subdivision for whibli it was prepared."
OF
Job No.; 10459 4
Prepared by. MY Surveying
Date-. !MARCH 13, 20 L7 1 . f
File. Sa3taa2IMI6459 AUTUMN NVINDSMCSN 11,00 ACRE. iIL
Paco 1 or t
Exhibit B
"The Property"
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Exhibit C
"The Development Standards"
N*�`" o� '—'-_--_Winds __-_.-__-------
Planned Development (PDD)
General
Autumn Winds Living & Rehabilitation isanexisting 24,76O square foot skilled nursing facility
(0VF),or nursing home, as stated on the rezoning application, Itiu owned byOmega
Healthcare and operated by Trinity Healthcare. The facility, located inapredominantly
residential neighborhood, sits on 11 acres.of heavily vegetated land at the intersection of
Ashley Oak Dr. and Roy Richard Dr. (FM 3O0g\. The front uf the building, which faces Roy
Richard Dr., is set back approximately 310 ft. from the road while the side of the building is
located approximately 77 ft. from Ashley Oak Dr.
Autumn Winds is proposing an expansion of approximately 22,316 square feet that would
accommodate 2U private resident rooms, administration offices and aotate-of-the-art
physical and occupational therapy facility. The expansion is to be located behind the existing
SNF and is proposed to house the new entrance into thefacility, making Ashley Oak Dr. the
main arterial onto the property. The expansion will not be built in phases, but all at once.
The property within the Autumn Winds Living & Rehabilitation PDD will develop in
accordance with the current Apartment/Mu|ti-Family Residential District (R-4) zoning uu
specified in the Unified Development Code (UDC) as amended and with the following
|L Zoning Districts 5)
Permitted Use Table -21�.8
The permitted use table shall be modified to permit the "Assisted Care or Living Facility" land
use in this PDD.
8L Site Design Standards 9)
Screening & Fencing -21J9.8 (R)()
If the land use "Assisted Care of Living Facility' is being developed, the owner/developer may
provide a 50 foot wide landscape buffer and building setback along all property lines
adjacent to single family residential districts. Within this 5O foot wide landscape buffer a
planting ratio ofnoless than one (1) shade tree every 2Ohnearfeet and fifteen (15)shrubs
every 50 linear feet will be provided. This extended buffer and additional planting is an
alternative to constructing an 8 ft. high masonry wall as required by UDC Section 21.9.&B.3.