21-S-21 - Rezone approx 6 acres from GB and M-1- to GB and M-1 located 2000 ft W of intersection of FM 2252 and IH35 access, Comal CountyORDINANCE NO. 21-S-21
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 6
ACRES OF LAND FROM GENERAL BUSINESS DISTRCIT (GB) AND
MANUFACTURING LIGHT DISTRICT (M -1) TO GENERAL BUSINESS DISTRCIT
(GB) AND MANUFACTURING LIGHT DISTRICT (M -1), LOCATED
APPROXIMATELY TWO THOUSAND FEET WEST OF THE INTERSECTION OF FM
2252 AND IH -35 ACCESS ROAD, 18735 I11-35, ALSO KNOWN AS COMAL COUNTY
PROPERTY IDENTIFICATION NUMBERS 78020, CITY OF SCHERTZ, COMAL
COUNTY, TEXAS.
WHEREAS, an application to rezone approximately 6 acres of land located approximately two
thousand feet west of the intersection of FM 2252 and IH -35 Access Road, 18735 I11-35, also
known as Comal County property identification numbers 78020, 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 May 12, 2021, 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 June 8, 2021, 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 General Business District (GB) and Manufacturing Light District
(M -1).
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 8tb day of June, 2021.
PASSED, APPROVED AND ADOPTED on final reading the 22nd day of June, 2021.
Ra .1 ,u e. ez, Mayor
ATTEST:
Brenda Dennis, ity Secretary
RHONDA K BUTLER
ti REGISTERED PROFESSIONAL
LAND SURVEYOR #5409
FIRM #10160700
5.889 ACRES
COMAL COUNTY, TEXAS
DEVINE, TEXAS 78016
Phone: 830 - 334 -7264
For 830 - 665 -5796
Email: acesurveyingAsbcglobal.net
A field note description of a 5.889 acre tract of land situated in the City of Schertz,
Comal County, Texas, out of the Martin & Walker Survey 113, Abstract 414, being the
same tract of land called 5.851 acres and described in deed recorded in Document
#200906018773 of the Official Public Records of Comal County, Texas and being
more particularly described by metes and bounds as follows: (Note: All iron pins set
are 1/2" rebar with pink plastic cap stamped "RKB 5409 ", Basis of bearing is WGS 84)
Beginning at a TxDot Type II monument found for the south corner of the herein
described tract and said 5.851 acres, in the northwest right -of -way line of Interstate
Highway 35;
Thence N 32 °35'05" W, along the southwest line of the herein described tract and said
5.851 acres and a northeast line of said Lot 3, at 4.77 feet pass a TxDot Type II
monument found in the northwest right -of -way line of said Interstate Highway 35 and
an east corner of Lot 3, Block 1 of the Stone Creek RV Park Subdivision according to
plat recorded in Document #201206042305 of the Official Public Records of Comal
County, Texas and continuing on the same course for a total distance of 1003.80 feet
to an iron pin found for the west corner of the herein described tract and said 5.851
acre tract, an angle point of said Lot 3 and the south corner of a 5.404 acre tract of
land described in deed recorded in Volume 739, Page 804;
Thence N 58 °15'23" E, 259.99 feet along the northwest line of the herein described
tract and said 5.851 acre tract and the southeast line of said 5.404 acre tract to an
iron pin found for the north corner of the herein described tract and said 5.851 acres
and the west corner of a 3.527 acre tract of land described in deed recorded in Volume
356, Page 729 of the Official Public Records of Comal County, Texas;
Thence S 32 044'39" E, along the northeast line of the herein described tract and said
5.851 acres and the southwest line of said 3.527 acres, at 941.47 feet pass an TxDot
Type II monument found for the south corner of said 3.527 acre tract, in the northwest
right -of -way line of aforesaid Interstate Highway 35, and continuing on the same
course for a total distance of 955.39 feet to a nail found in concrete for the east corner
of the herein described tract and said 5.851 acres and the northwest right -of -way line
of said Interstate Highway 35;
Page 1 of 2
Page 2 of 2
Thence along the southeast boundary of the herein described tract and said 5.851
acres and the northwest right -of -way line of said Interstate Highway 35 the following
2 calls:
1) S 46 °10'18" W, 142.98 feet to a nail found in concrete for an angle point;
2) S 49 °38'12" W, 123.52 feet to the place of beginning and containing 5.889
acres of land according to a survey made on the ground on April 1, 2016 by
Ace Surveying, Inc.
Rhonda K. Butler
Registered Professional
Land Surveyor #5409 HONDA. K. ° BUTLER
File: 135 K Wing & E Woolsey
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