Loading...
20-S-37 - Amending Comprehensive Land Plan by changing approx 40 acres from Estate Neighborhood to Single Famil Residential 4000 feet east of Intersection FM 1518 and Lower Seguin RoadORDINANCE NO. 20-S-37 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE COMPREHENSIVE LAND USE PLAN BY CHANGING APPROXIMATELY 40 ACRES OF THE FUTURE LAND USE MAP FROM THE ESTATE NEIGHBORHOOD AND AGRICULTURAL CONSERVATION LAND USE DESIGNATIONS TO THE SINGLE - FAMILY RESIDENTIAL LAND USE DESIGNATION, GENERALLY LOCATED APPROXIMATELY 4,000 FEET EAST OF THE INTERSECTION BETWEEN FM 1518 AND LOWER SEGUIN ROAD, ALSO KNOWN AS BEXAR COUNTY PROPERTY IDENTIFICATION NUMBERS 310024 AND 3100311) CITY OF SCHERTZ, BEXAR COUNTY, TEXAS WHEREAS, an application to amend the Comprehensive Land Use Plan by changing approximately 40 acres of the Future Land Use Map from the Estate Neighborhood and Agricultural Conservation land use designations to the Single - Family Residential land use designation, 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 21.4.6.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 14 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 October 2, 2020 and a public hearing notice was published in the San Antonio Express News on October 21, 2020; and WHEREAS, on October 14, 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 November 10, 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 8. 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 l e day of November, 2020. PASSED, APPROVED AND ADOPTED on final reading the 1St day of December, 2020. ATTEST: Brenda Dennis, City Secretary :,. � F Mayor ti OUTH NTRA -- -- _ �� i f •"' METES AND BOUNDS DESCRIPTION FORA 20.003 ACRE TRACT OF LAND October 4, 2016 Being a 20.003 acre tract of land (called 19.999 acres) situated in Bexar County, Texas surveyed for W.H. Rittiman and being part of the Julian Diaz Survey No. 66, Abstract No. 187, Bexar County Block 5059 and also being part of an eighty acre Paul Gleitz Tract and being more particularly described by metes and bounds as follows: BEGINNING: at a found 1/2" iron rod found along the southeast Right of Way line of Lower Seguin Rd. and the northeast corner of a tract deeded to Sue N. Fluitt and recorded in vol. 8472, pg. 1941, Real Property Records, Bexar County, Texas for the northwest corner and POINT OF BEGINNING of this tract; THENCE: North 59 144'00" East, along Lower Seguin Rd. a distance of 693.08 feet to a set 1/2" iron rod at the northwest corner of a tract deeded to Carlos Jr. & Margaret L. Garza, recorded in vol. 6541, pg. 807, Real Property Records, Bexar County, Texas for the northeast corner of this tract; THENCE: South 30 °08100 East, generally along a barbed wire fence a distance of 1257.83 feet to a found 1/2" iron rod for the southeast corner of this tract; THENCE: South 59 156125" West, generally along a barbed wire fence a distance of 693.75 feet, to a found 1/2" iron rod for the southwest corner of this tract; THENCE: North 30 °06'11" West, generally along a barbed -wire fence a distance of 1255.33 feet to the POINT OF BEGINNING and containing 20.003 acres of land, more or less, according to a survey made on the ground; SouthCentral Surveyors of Texas SouthCentral Surveyors of Texas • 1514 S. Presa • San Antonio, Texas, 78210 • PH: 210.534.6700 • Fax: 210.534.9673 A 0 F T� � Peter A. Aguirre, �. * 0 G TE,� R.P.L.S. ......................... Registration No. 5464 Q PETER ACUIRRE ... ... . .. ... . . . . ... . . ... . Job # 16- 0159 -001 •.�,�g54�4 P.•' • P'E oN 010 A drawing of even job number and. date was also prepared. �'�p s uRN4�y SouthCentral Surveyors of Texas • 1514 S. Presa • San Antonio, Texas, 78210 • PH: 210.534.6700 • Fax: 210.534.9673 of TEXA�' METES AND BOUNDS DESCRIPTION FORA 19.585 ACRE TRACT OF LAND October 14, 2016 Being a 19.585 acre tract of land out of a 21.58 acre tract out of the Julian Diaz Survey No. 66, Abstract 187, County Block 5059 recorded in vol. 8472, pg. 1941, Real Property Records of Bexar County, Texas and being more particularly described by metes and bounds as follows: BEGINNING: at a found 1/2" iron rod found along the southeast Right of Way line of Lower Seguin Rd. and the northwest corner of a tract deeded to Joy Lee Rittiman and recorded in vol. 15243, pg. 1106, Real Property Records, Bexar County, Texas for the northeast corner and POINT OF BEGINNING of this tract; THENCE: South 30 °06111" East, generally along a barbed wire fence a distance of 1255.33 feet to a Found 1/2" iron rod at the southwest corner of said Rittiman tract for the southeast corner of this tract; THENCE: South 59 °59145" West, generally along a barbed wire fence a distance of 1097.83 feet to a found 1/2" iron rod at the northwest corner of a tract deeded to Seanna Fraser Holtz, BCAD # 310032 and the east line of a tract deeded to Gary A. Fairley recorded in vol. 10520, pg. 1386, Real Property Recaords of Bexar County. Texas for the southwest corner of this tract; THENCE: North 30 °00'00" West, generally along a barbed wire fence a distance of 655.53 feet to a iron fence post along the east line of said Fairley tract and the southwest corner of a tract deeded to Doris Asher recorded in Vol. 16710, pg. 747, Real Property Records of Bexar County, Texas for the westernmost corner of this tract; THENCE: North 59 °54'43" East, generally along a barbed wire fence a distance of 840.51 feet to a set 1/2" iron rod at the southeast corner of a tract deeded to Salvador P. Alvarez recorded in Vol. 12023, pg. 647, Real Property Records of Bexar County, Texas for a corner of this tract; THENCE: North 23 °37'55" West, generally along a smooth wire fence a distance of 602.56 feet to a set 1/2" iron rod at the northeast corner of said Alvarez tract for the northwest corner of this tract; THENCE: North 60 °04'46" West, generally along a barbed wire fence a distance of 188.23 feet to the POINT OF BEGINNING and containing 19.585 acres of land, more or less, according to a survey made on the ground; SouthCentral Surveyors of Texas SouthCentral Surveyors of Texas 9 1514 S. Presa • San Antonio, Texas, 78210 • PH: 210.534.6700 • Fax: 210.534.9673 OF T A. Aguirre, R.P.L.S. •��GX5 TFA4Z eter Registration No. 5464 Q PETER AG U I RRE Job # 16- 0173 -001 .+��5464 P�••: A drawing of even job number and date was also prepared. s UN4�y SouthCentral Surveyors of Texas 9 1514 S. Presa • San Antonio, Texas, 78210 • PH: 210.534.6700 • Fax: 210.534.9673 11 Mixed Use l Neighborhood _ 1 f_v Current Land Use Single Family Residential Estate Neighborhood \ 0"�4d RuralFrontage Land Use Description Comm j.. :t; Sector Boundary Agricultural Conservation Estate Extraterritorial Jurisdiction Air Installation Compatible Highw Air Installation Impact Industi - Civic, Schools Industi i 0 250 500 1,000 e rc NE 3y ial Y 0 1 oposed Land Use . ial Campus Main Street Commercial Parks, Open Space ighborhood Manufactured Housing Single Family Residential ,ommercial Mixed Use Core 40 TND /TOD Mixed Use Neighborhood Transition echnology and R &D Multi - Family Residential 1,500 2,000 2,500 Feet N W E S