23-S-32 SUP CONVENIENCE STORE WITH GAS PUMPSORDINANCE NO.23-S-32
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS TO APPROVE A SPECIFIC USE PERMIT TO ALLOW FOR A
CONVENIENCE STORE WITH GAS PUMPS ON APPROXIMATELY 7.8
ACRES OF LAND, LOCATED AT APPROXIMATELY 51-FEET WEST
FROM THE INTERSECTOPM OF IH-35 N ACCESS ROAD AND FM 2252,
SCHERTZ, GUADALUPE AND COMAL COUNTY, TEXAS, ALSO KNOWN
AS GUADALUPE COUNTY PROPERTY IDENTIFICATION NUMBER
114083 AND COMAL COUNTY PROPERTY IDENTIFICATION NUMBER
119021.
WHEREAS, an application for a Specific Use Permit to allow a convenience store with
gas pumps on approximately 7.8 acres of land, located approximately 51-feet west from the
intersection of IH-35 N Access Road and FM 2252, also known as Guadalupe County Property
Identification Number 114083 and Comal County Property Identification number 119021, more
specifically described in the Exhibit A and Exhibit B attached (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 November 15, 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; and
WHEREAS, on December 19, 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 Identification Number
114083 and Comal County Property Identification Number 119021, more particularly
described in the attached Exhibit A and Exhibit B, 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 21.5.111
Expiration of Specific Use Permit.
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.
PASSED ON FIRST READING, thel day of (X11I 1lw'(6023.
SSED, APPROVED and ADOPTED ON SECOND READING, theay of
?"Ir024
.
CIffutiez,
, TEXAS
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Exhibit "A"
Property Description
Exhibit "A" : Property Description - Metes and Bounds
METES AND BOUNDS
7.744 Acre Tract
Surveyed by Total Geo Data Surveying LLC
Being a 7.744 Acre (337,329 Square Foot) Tract, in the Robert Martin & John Falls Walker Survey No.
113, Abstract 414, Comal County and Abstract 244, Guadalupe County, Texas, described as 7.748 acres
recorded in Document No. 201606011073 of the Official Public Records (O.P.R.), of Comal County and
also recorded in Volume 2006 Page 133 O.P.R. of Guadalupe County, Texas, said 7.744 acre tract being
more particularly described as follows, with all bearings being referenced to the North American Datum
of 1983, Texas State Plane Coordinate System, South Central Zone, based on a VRS RTKNet solution:
BEGINNING at a found'/z" rebar with cap stamped Ford Engineering on the south right of way (R.O.W.)
line of Interstate Highway 35. (R.O.W. width varies) at the northwest corner of a so called believed 35.73
Acre Tract recorded in Document No. 202006019300 O.P.R. Comal County and recorded in Document
No. 202099012670 O.P.R. Guadalupe County, being the northeast corner of the tract herein described;
THENCE, leaving said R.O.W. line and along the common line between said tracts, South 26° 39' 14"
East, a distance of 749.56 feet (South 26' 20' 02" East, 750.00 feet record) to a found'/2" rebar with cap
stamped Ford Engineering at an interior corner of said 35.73 acres being the southeast corner of the tract
herein described;
THENCE, continuing along said common line, South 62151' 03" West, a distance of 449.98 feet (South
63° 08' 00" West, 450.00 feet record) to a found 3 %z" metal fence post at the southeast corner of a so
called 4.304. Acre Tract recorded in Document No. 200406007163 O.P.R. Comal County and recorded in
Volume 1972, Page 62 O.P.R. Guadalupe County, being the southwest corner of the tract herein
described;
THENCE, along the common line with said 4.304 acres, North 26° 39' 19" West, a distance of 749.76
feet (North 26° 20' 02" West, 750.00 feet record) to a set'/z" rebar with cap stamped TOTAL GEO
DATA 6042 on said south IH 35 R.O.W. line at the northeast corner of said 4.304 acres, being the
northwest corner of the tract herein described;
THENCE, along the said R.O.W. line, North 620 52' -32" East, at a distance of 129.21 feet passing a
found Texas Department of Transportation Type I concrete monument, at a distance of 149.88 feet
passing a found %s" rebar, continuing for a total distance of 450.00 feet (North 63 ° 08' 00" East, 450.00
feet record), returning to the POINT OF BEGINNING and containing 7.744 Acres (337,329 square feet)
of land more or less.
This survey was performed on the ground by persons working under my supervision and completed on
August 24, 2023. A survey drawing accompanies this description.
o,) ..�G;4F TF
John E. DeHan, R.P.L.S. �•'�� `�d•.tli
......:....
Registered Professional Land Surveyor .FOHN ...:........;
E. .DL.....
HAN
.
Texas Registration No. 6042 ••
Firm No. 10193904 � p„ 6142•.,P
Exhibit `B"
Specific Use Permit Exhibit
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