23-S-16 SUP for 5.5 SAcres at 1008and 1020 FM 78, Schertz, TXORDINANCE NO.23-S-16
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS TO APPROVE A SPECIFIC USE PERMIT TO ALLOW FOR
OPERATION OF A CONVENIENCE STORE WITH GAS PUMPS ON
APPROXIMATELY 5.5 ACRES OF LAND, MORE SPECIFICALLY
DESCRIBED AS 1008 AND 1020 FM 78, SCHERTZ TX, 78154, ALSO KNOWN
AS PROPERTY IDENTIFICATION NUMBER 67650 AND 67552, CITY OF
SCHERTZ, GUADALUPE COUNTY, TEXAS.
WHEREAS, an application for a Specific Use Permit to allow a convenience store with
gas pumps, more particularly described in Exhibit A attached hereto and incorporated herein by
reference, as 1008 and 1020 FM 78, and more specifically described as Guadalupe County Property
ID 67650 and 67552, (herein, the "Property") has been filed with the City; and
WHEREAS, the City's Unified Development Code Section 21.5.11. 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
specific use permit (the "Criteria"); and
WHEREAS, on July 26, 2023, the Planning and Zoning Commission conducted a public
hearing and, after considering the Criteria, made a recommendation to City Council to approve the
Specific Use Permit for a convenience store with gas pumps, with modifications to the conceptual
plan; and
WHEREAS, on September 5, 2023, the City Council conducted a public hearing and after
considering the Criteria and recommendation by the Planning and Zoning Commission,
determined that the requested Specific Use Permit be approved as provided for herein.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. A Specific Use Permit for Guadalupe County Property IDs 67650 and 67552,
more particularly described in the attached Exhibit A, is hereby approved to allow a
convenience store with gas pumps conditioned upon the following occurring:
a) A building permit is approved within two (2) years of the adoption of the SUP
Ordinance in accordance with Unified Development Code Article 5, Section 21.5.1 LF
Expiration of Specific Use Permit.
b) The dumpster location and the screening wall shall be provided as per the conceptual
site plan in Exhibit B.
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.
PASSED ON FIRST READING, the day of 2023.
PASSED, APPROVED and ADOPTED ON SECOND READING, the/1--day of
23.
CITY OF SCHERTZ, TEXAS
Ral tFutiero, Mayor
(city seal)
Exhibit "A"
Subject Property Metes and Bounds
and
Specific Use Permit Exhibit
Exhibit A
C U!J00VER
ENGINEERING
& SURVEYING
FIELD NOTES FOR A 4.59 ACRE TRACT OF LAND
A 4.59 acre tract of land, located in the G. Malpaz Survey No. 67, Abstract 221, Guadalupe County, Texas and being
the remaining portion of a called 0.79 acre tract of land and all of a called 3.99 acre tract of land, both as described in
Volume 303, Page 407 of the Deed Records of Guadalupe County, Texas. Said 4.59 acre tract being more particularly
described by metes and bounds as follows:
BEGINNING at a set''/2" iron rod with a red plastic cap stamped "Matkin Hoover Eng. & Survey" in the southeast right-
of-way line of F.M. 78, a variable width public right-of-way, at the northwest corner of a called 6.663 acre tract of land
as described in Document No. 201999009590 of the Official Public Records of Guadalupe County, Texas, in the northeast
line of said 0.79 acre tract and for the most northerly corner of the tract described herein, from which a found Texas
Department of Transportation (TxDOT) Right -of -Way Monument, Type 1, bears, N 62' 12' 17" E, a distance of 193.35
feet;
THENCE: S 30' 04' 12" E, departing said right-of-way line and with the common line between said 0.79 acre tract and
said 6.663 acre tract, a distance of 167.22 feet to a found '/2" iron rod for the east corner of said 0.79 acre tract and an
easterly exterior corner of the tract described herein;
THENCE: S 61' 37' 09" W, with the southeast line of said 0.79 acre tract, a distance of 67.74 feet to a set'h" iron rod
with a red plastic cap stamped "Matkin Hoover Eng. & Survey" for the north corner of said 3.99 acre tract and an interior
corner of the tract described herein;
THENCE: S 30° 18' 33" E, with the northeast line of said 3.99 acre tract, a distance of 111.51 feet to a found %2" iron
rod with yellow plastic cap stamped "BLS 2024" at the northwest corner of a called 0.35 acre tract of land as described
in Volume 926, Page 702 of the Official Records of Guadalupe County, Texas and for an angle of the tract described
herein;
THENCE: S 30121' 17" E, with the common line between said 0.35 acre tract and said 3.99 acre tract, a distance of
229.33 feet to a found %2" iron rod at the southwest corner of said 0.35 acre tract, a westerly corner of said 6.663 acre
tract and for an angle of the tract described herein;
THENCE: With the common lines between said 3.99 acre tract and said 6.663 acre tract, the following five (5) courses:
1. S 29° 56' 51" E, a distance of 29.00 feet to a found 'h" iron rod with yellow plastic cap stamped "BLS 2024"
for corner,
2. S 59° 02' 07" W, a distance of 244.11 feet to a found '/z" iron rod with yellow plastic cap stamped "BLS 2024"
for corner,
3. S 25' 36' 42" W, a distance of 42.88 feet to a set '/2" iron rod with a red plastic cap stamped "Matkin Hoover
Eng. & Survey" for corner,
4. S 071 06' 42" W, a distance of 75.00 feet to a set '/2" iron rod with a red plastic cap stamped "Matkin Hoover
Eng. & Survey" for corner, and
5. S 591 16' 42" W, a distance of 104.89 feet to a found'/2" iron rod with yellow plastic cap stamped "BLS 2024"
for the west comer of said 6.663 acre tract, at a northeasterly corner of a called 101.911 acre tract of land as
described in Volume 2822, Page 584 of the Official Public Records of Guadalupe County, Texas, and for an
angle of the tract described herein;
THENCE: With the common line between said 3.99 acre tract and said 101.911 acre tract, the following two (2) courses:
1. S 581 40' 00" W, a distance of 82.08 feet to a set''/2" iron rod with a red plastic cap stamped "Matkin Hoover
Eng. & Survey" for an interior corner of said 10 1.91l acre tract, the south corner of said 3.99 acre tract and the
tract described herein, and
Exhibit A EMHOOVER
ENGINEERING
& SURVEYING
2. N 30137' 57" W, a distance of 275.52 feet to a set %2" iron rod with a red plastic cap stamped "Matkin Hoover
Eng. & Survey" at the south corner of a called 2 acre tract of land as conveyed to the Trustees of Post No. 8315
of record in Volume 231, Page 580 of the Deed Records of Guadalupe County, Texas, for the west corner of said
3.99 acre tract and the tract described herein;
THENCE: With the common lines between said 2 acre tract and said 3.99 acre tract, the following two (2) courses:
1. N 62' 33' 21" E, a distance of 210.00 feet to a set '/z" iron rod with a red plastic cap stamped "Matkin Hoover
Eng. & Survey" for comer, and
2. N 30° 40' 28" W, a distance of 206.12 feet to a found ''/z" iron rod at the south corner of a called 0.807 acre tract
of land as described in Volume 2748, Page 527 of the Official Public Records of Guadalupe County, Texas, for
the northwest corner of said 3.99 acre tract and for awesterly exterior corner of the tract described herein;
THENCE: N 62' 17' 00" E, with the common line between said 0.807 acre tract and said 3.99 acre tract, a distance of
208.70 feet to a found %" iron rod for the south corner of said 0.79 acre tract, the east corner of said 0.807 acre tract and
for an interior corner of the tract described herein;
THENCE: N 30' 13' 00" W, with the common line between said 0.807 acre tract and said 0.79 acre tract, a distance of
168.92 feet to a set'/2" iron rod with a red plastic cap stamped "Matkin Hoover Eng. & Survey" in the southeast right-
of-way line of F.M. 79, at the north comer of said 0.807 acre tract and for the most northerly northwest corner of the tract
described herein;
THENCE: N 621 12' 17" E, with said right-of-way line, a distance of 165.06 feet to the POINT OF BEGINNING and
containing 4.59 acres of land situated in the City of Schertz, Guadalupe County, Texas.
Note: The basis of bearing was established using the Trimble VRS Network, NAD (83), Texas State Plane Coordinate
System, South Central Zone, 4204, US Survey Foot, Grid. A survey plat was prepared by a separate document. Field
work performed in July, 2021.
b��y10
Job # 21-4090 — 4.59 Acres
Date: July 12, 2021
Exhibit A
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SPECIFIC USE EXHIBIT
OWNER++DEVELOPER:
BK 61614VFSTMENiS TLC
3122 RJ4NING FAW4:
SAN ANTONIO. 71C. 782E7
PH04E (25i)88T-55M
ENGINEER;
RA014 CONS:N.114G FNGINFFiS
P.O. BOX l42991
SAN ANTONIO.-EXAS 76258
TEU Y21G1549d557
FAX:(512i65641l?6
SURVEYOR:
MA7KIN HOOVER E4GINEERING aSIRYY'ENNG
8 SlbNCER ROAD, SL11`t VQ
BOERNE,T S78786
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PROPERTY I0: 67666
ZONE: MHP
USE: MANSFACRIREO HOME PARK
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MOY SCHERTZ LLC
950 FM 78
SCYIERTZ, TX 78154
PROPERTY ID:67668
ZONE: G8 h PORTION I"1 MHP
USE'. COMMERCIAL
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VETERANS OF FOREIGN WARS 18315
1000 CM 78
SCHERT7. TX 78154
PROPERTY 10:67742
ZONE: GO
USE: COMMERCIAL
iD OWER4S BEVERLY J
1028 FM 78
SCHERT2. TX 78154
PROPERTY 10: 67598
ZONE: G8
US=: RESICEIVI1A1,
ray HOLMAN ERIC
IU32 FM 78
SCHER-Z, TX 78154
PROPFRIY Imo: 6746.Y
ZONE: GR
VSE: S-NGLE FAMLY RESIDENCE
(� CAIALANO AN7-IONY N k TONYA R
1032 PM 78
0I8010. TX 78108
PROPERTY 10: 180189
ZOtiE: GB
USE• COMMERCIAL
RAO'S CON'SCLTING ENGINEERS
C1JwuoAws•
F ^+TI�P ntue
'SPECIFIC USE
ExalEl* FOR
SURGFIR KING
( THE G.IMLPA2 sJl:'„EY 4�.61
Aoo Fas:txeata2�InTe
Exhibit "B"
Conceptual Site Plan Illustrating the
Required Location of the Dumpster and
Screening Wall
Exhibit B