18-S-10 Rezone 1.5 acres of land from single family to office professionalORDINANCE NO. 18 -S -10
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 1.5
ACRES OF LAND FROM SINGLE - FAMILY RESIDENTIAL, (R -1) TO OFFICE AND
PROFESSIONAL DISTRICT (OP).
WHEREAS, an application to rezone approximately 1.5 acres of land generally 220 feet southwest
of the intersection of E. Live Oak Road and FM 3009, 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 January 24, 2018, the Planning and Zoning Commission conducted a public
hearing and, after considering the Criteria, made a recommendation to City Council to approve the
requested rezoning; and
WHEREAS, on February 28, 2018 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 Office and Professional District (OP).
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 fmdings 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with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the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 27th day of February, 2018.
PASSED, APPROVED AND ADOPTED on final reaA* the 13th day of March, 2018.
R. Carpenter, Mayor
AT T:
nda Dennis, City Secretary
(SEAL OF THE CITY)
Exhibit A
"The Property"
J ON Es I CARTE R
4358 Localull-Selma Road. Suite 100
San Antonin, Texas 75249
Tel: 210.494,5511
Teams Board of Professional LanndTSurveyors Registration No.100461.05
Fax 210.#94,5519
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METES AND BOUNDS
DESCRIPTION OF A
1,448 ACRE TRACT OF LAND
A Metes and Bounds description of a 1.498 acre (65,258 square feet) tract of land situated in the Genobera Malpaz Survey No.
67, Abstract No. 221, City of Schertz, Guadalupe County, Texas; being all of that certain called 1.500 acre tract described in
instrument to William M. Dietz recorded In Volume 527, Page 528 of the Guadalupe County Deed Records; and being more
pwtkularly described as follows:
BEGINNI NG at a 1%2 -inch iron rod found in the westerly right -of -way line of F.M. 3009 - Ray Richard Drive 1120 feet wide]
marking the northeast corner of that certain 0.915 acre tract described In Instrument to Robert: M Dietz recorded in Volume
527, Page 525 of the Guadalupe County Deed Records, and the southeast corner of the herein described tract: (State Plane
Coordinates, North: 13,756,69357 feet, East: 2,203,629,55 feet);
THENCE. South 63S9'56" West, 232.87 feet along the rlartherly boundary of said 0917 acre tract to a 1/2-inch iron rod found
situated In the northeasterly boundary of Block 1, Greenfield Village Subdivision Unit 1, plat of which is recorded In Volume 3,
Page 40 of the Guadalupe County Plat Records;
THENCE North 2V'40'54' Westi 257.35 feet along the northeasterly boundary of said Bkads 1 to a 112-inch iron rod found
marking the eastern -most corner of that certain 0.91B4 acre tract described In Instrument to P. H-A. Enterprises, Ltd, recorded
in Volume 1534, Page 292 of the Guadalupe County Deed Records, and the southern -most corner of that certain 1.683 acre
tract described in Instrument to Judith M. Dietz recorded in Volume 831. Page 291 of the Guadalupe County Deed Records;
THENCE, North W17`42" East, 271.54 feet along the southeasterly boundary of said 1.683 ,acre tract to a 1/2-Inch iron rod
found situated in the westerly right -of -way line of aforesaid FM. 3009;
THENCE, with said westerly right -of -way line, In a southeasterly direction, along the are of a curve to the right having a radk is of
2804,79 feet, a central angle of 05'1738 ", a long chord bearing of South 17'05'46" East, 259.06 feet, a total arc length of
259.15 feet to the POINT OF BEGINNING, containing 1.498 acres of land in Guadalupe County, Texas, as shown on Drawring No_
11553 filed under Job No. 12959.0004-00 In the office of JONES) CARTER,, San Antonio, Texas.
Notes The bearings, distances, areas and coordinates shown hereon are Texas State Coordinate System. grid, South central
Zone (NAW83), as determined by Global Positioning System (GPS) with NGS OPUS post processing_ The unit of linear
measurement is U,S, Survey Feet. To convert grid distances to surface, apply the combined grid to surface scale factor of
1.00015854. Please review the record instruments cited hereon to compare the survey bearings and distances with the record
calls.
JONES I CARTER, INC.
Teams Board of Professional LanndTSurveyors Registration No.100461.05
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Troy A. tuba ugh
Registered Professional Land Surveyor 316241
Signature Date; -NvX=WM
22. 2017
Cross Development -1A98 acres - Fresenlus Schertz
Jab No. 12959-0004-OD - NovembLe 22, 2417 - Page 1 of 1
Exhibit B
"The Property"
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