20-S-16 - amending Comp Land Plan by changing approximately 229 Acres of future lan us map from mixed Us/Agrigul to single family 6,000 ft east of Intersection FM1518 and Lower Seguin RoadORDINANCE NO. 20-S-16
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE COMPREHENSIVE LAND USE PLAN BY CHANGING
APPROXIMATELY 229 ACRES OF THE FUTURE LAND USE MAP FROM THE
MIXED USE NEIGHBORHOOD AND AGRICULTURAL CONSERVATION LAND USE
DESIGNATIONS TO THE SINGLE - FAMILY RESIDENTIAL LAND USE
DESIGNATION, GENERALLY LOCATED APPROXIMATELY 6,000 FEET EAST OF
THE INTERSECTION BETWEEN FM 1518 AND LOWER SEGUIN ROAD, ALSO
KNOWN AS BEXAR COUNTY PROPERTY IDENTIFICATION NUMBERS 309419,
309811, 310011, AND 310013, CITY OF SCHERTZ, BEXAR COUNTY, TEXAS.
WHEREAS, an application to amend the Comprehensive Land Use Plan by changing
approximately 229 acres of the Future Land Use Map from the Mixed Use Neighborhood and
Agricultural Conservation land use designations to the Single - Family Residential land use
designation, and more specifically described in the Exhibit A attached herein (herein, the
"Property ") has been filed with the City; and
WHEREAS, the City's Unified Development Code Section 21.4.6.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 an amendment to the Comprehensive
Land Use Plan (the "Criteria "); and
WHEREAS, a total of 18 public hearing notices were mailed out to property owners in the subject
areas and to surrounding property owners within two hundred (200) feet of the subject areas on
May 1, 2020 and a public hearing notice was published in the San Antonio Express News on May
20, 2020; and
WHEREAS, on May 13, 2020, the Planning and Zoning Commission conducted a public hearing
and, after considering the Criteria, made a recommendation to City Council to deny the requested
Comprehensive Land Use Plan amendment; and
WHEREAS, on June 9, 2020, the City Council conducted a public hearing and after considering
the Criteria and recommendation by the Planning and Zoning Commission, determined that the
requested Comprehensive Land Use Plan amendment be approved as provided for herein.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT:
Section 1. The current Comprehensive Land Use Plan is hereby amended to change the
Future Land Use Map of the Property, as shown and more particularly described in the attached
Exhibit A. from the Mixed Use Neighborhood and Agricultural Conservation land use designations
to the Single - Family Residential land use designation.
Section 2. 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 3. 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 4. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 5. 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 6. 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 7. This Ordinance shall be effective upon the date of final adoption hereof and any
publication required by law.
Section S. 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 9d' day of June, 2020.
PASSED, APPROVED AND ADOPTED on final reading the 23rd day of June, 2020.
Ral 7Mayor
ATTEST:
Brenda Dennis, City Secretary
(SEA_T 1T'TY)
Exhibit A
• Engl�eers mlix I
• Planners
Moy Tann Ramirez Engineers, UZ
Field Notes for a Tract of Land
Containing 229.478 acre (9,996,064.69 square feet)
A 229.478 acre (9,996,064.69 square feet) tract of land partially in the City of Schertz, Bexar County, Texas,
partially situated in the Julian Diaz Survey No. 66, Abstract 187, County Block No. 5059, partially situated in the
William Bracken Survey No. 65, Abstract No. 48, County Block 5055, and partially situated in the William Bracken
Survey No. 74, Abstract No. 43, County Block 5056, Bexar County, Texas, said 229.478 acre (9,996,064.69 square
feet) tract of land being comprised of a portion of a called 135.06 acre tract of land as conveyed to Elizabeth Ann
Basha, Jeanne Marie Zwicke, and Katherine Menk in Special Warranty Deed as recorded in Volume 15867, Page
1756, all of a called 11.680 acre tract of land designated as Tract I, and all of a called 70.824 acre tract of land
designated as Tract H, as conveyed to Donnie K. Fischer and Cindy A. Fischer in Substitute Trustee's Deed as
recorded in Volume 13622, Page 2403, and all of a called 36.921 acre tract of land as conveyed to David Neal
Ludwig and Janis Ludwig in Executor's Distribution Deed as recorded in Volume 18598, Page 159, all of the
Official Public Records of Bexar County, Texas, said 229.478 acre (9,996,064.69 square feet) tract of land being
more particularly described as follows:
Beginning: at a found 5/8" iron pipe on the northwesterly right of way line of Lower Seguin Road, a public right of
way, being the southwest comer of said 135.06 acre tract;
Thence, leaving the northwesterly right of way line of Lower Seguin Road, with the southwesterly boundary of said
135.06 acre tract, the following two (2) courses:
North 30 degrees 05 minutes 14 seconds West, a distance of 1803.23 feet to a found iron rod with a yellow plastic
cap stamped `BUTZ LAND SURVEYING", being an angle point in the herein described tract;
North 30 degrees 32 minutes 28 seconds West, a distance of 715.57 feet to a found iron rod with a red plastic cap,
being the south corner of a called 25.01 acre tract of land as conveyed to Board of Trustees of the Schertz- Cibolo-
Universal City Independent School District in Special Warranty Deed as recorded in Volume 14298, Page 7 of the
Official Public Records of Bexar County, Texas, said iron rod being the west comer of the herein described tract;
Thence, leaving the southwesterly boundary of said 135.06 acre tract, with the south and east boundary of said
25.01 acre tract, the following two (2) courses:
North 49 degrees 37 minutes 09 seconds East, a distance of 1342.29 feet to a found iron rod with a red plastic cap,
being the east comer of said 25.01 acre tract, and being an interior corner in the herein described tract;
North 40 degrees 07 minutes 58 seconds West, a distance of 858.27 feet to a found iron rod with a red plastic cap
stamped "CEC 210 641 - 999 ", being the north comer of said 25.01 acre tract, said iron rod being the south corner of
a called 37.921 acre tract of land as conveyed to Janis Ludwig in Executor's Distribution Deed as recorded in
Volume 18598, Page 152 of the Official Public Records of Bexar County, Texas, being an angle point in the herein
described tract;
Thence, with the southeasterly boundary, and the east boundary of said 37.921 acre tract, the following two (2)
courses:
North 49 degrees 56 minutes 07 seconds East, a distance of 603.34 feet to a found iron rod with a yellow plastic cap
stamped "BUTZ LAND SURVEYING", being the east comer of said 37.921 acre tract, and being the south comer
of said 36.921 acre tract;
With the west boundary of said 36.921 acre tract, North 20 degrees 10 minutes 44 seconds West, a distance of
2087.07 feet to a found nail in asphalt on the southeasterly right of way line of Raf Bumette Road, a public right of
way, being the northeast comer of said 37.921 acre tract, and being the west comer of said 36.921 acre tract, said
nail being the most northerly northwest comer of the herein described tract;
Thence, with the southeasterly right of way line of said Raf Burnette Road, and the northerly boundary of said
36.921 acre tract, North 60 degrees 11 minutes 04 seconds East, a distance of 870.32 feet to a found 518" iron rod
being the northeast corner of said 36.921 acre tract, and being the north comer of the herein described tract;
TBPE F -5297, TBPLS No. 10131500
12770 Cimarron Path, Suite 100 San Antonio, TX 78249
Ph. 210.698.5051 • Fx. 210.698.5085
Paae 1 of 2
Thence, leaving the southeasterly right of way line of said Raf Bumette Road, with the east boundary of said 36.921
acre tract, South 16 degrees 47 minutes 34 seconds East, a distance of 1964.71 feet to a found %:" iron rod, being the
east corder of said 36.921 acre tract, and being an angle point in the herein described tract;
Thence, with the southeast boundary of said 36.921 acre tract, South 48 degrees 43 minutes 14 seconds West, a
distance of 142.65 feet to a found 5/8" iron pipe, being the north corner of said 135.06 acre tract, and being an angle
point in the herein described tract;
Thence, with the easterly boundary of said 135.06 acre tract, South 30 degrees 30 minutes 40 seconds East, a
distance of 2296.74 feet to a found 5/8" iron pipe on the northerly boundary of said 70.824 acre tract, being an angle
point in the herein described tract;
Thence, with the northerly boundary of said 70.824 acre tract, North 59 degrees 30 minutes 13 seconds East, a
distance of 218.72 feet to a found iron rod with a destroyed yellow plastic cap, being the north corner of said 70.824
acre tract, and being the west comer of said 11.680 acre tract;
Thence, with the northerly boundary of said 11.680 acre tract, North 59 degrees 12 minutes 56 seconds East, a
distance of 337.37 feet to a found ' /T iron rod, being the north corner of said 11.680 acre tract, being an angle point
in the herein described tract;
Thence, with the easterly boundary of said 11.680 acre tract, South 28 degrees 40 minutes 09 seconds East, a
distance of 1499.40 feet to a found 1/2" iron rod on the northwesterly right of way line of said Lower Seguin Road,
being the east comer of said 11.680 acre tract, and being the most easterly comer of the herein described tract;
Thence, with the northwesterly right of way line of said Lower Seguin Road, the following three (3) courses:
With the southerly boundary of said 11.680 acre tract, South 59 degrees 21 minutes 11 seconds West, a distance of
339.55 feet to a found %a" iron rod, being the south comer of said 11.680 acre tract, being the east comer of said
70.824 acre tract, said iron rod being an angle point in the herein described tract;
With the southerly boundary of said 70.824 acre tract, South 59 degrees 21 minutes 09 seconds West, a distance of
2042.72 feet to a found 5/8" iron pipe, being the south comer of said 70.824 acre tract, said iron pipe being an angle
point of said 135.06 acre tract;
With the southerly boundary of said 135.06 acre tract, South 59 degrees 10 minutes 29 seconds West, a distance of
551.06 feet to the Point of Beginning, containing 229.478 acre (9,996,064.69 square feet) of land.
Note: Basis of bearing was established from the State Plane Coordinate System, North American Datum
of 1983, Texas South Central Zone. An Exhibit of even date was prepared for this description.
Stephanie L. James, R.;..:`S.
Registered Professional Land Surveyor
No. 5950
Date: 2019 -10 -29 Job No. 19037
TBPE F -5297, TBPLS No. 10131500
12770 Cimarron Path, Suite 100 San Antonio, TX 78249
Ph. 210.698.5051 • Fx. 210.698.5085
Paee 2 of 2
Exhibit B I PROPOSED COMPREHENSIVE PLAN
LAND USE DESIGNATION