10-S-05-Rezone of 10.637 acres at Borgfeld,FM3009ORDINANCE NO. 10-S-OS
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP ORDINANCE 07-5-40 BY
REZONING APPROXIMATELY 10.637 ACRES OF LAND FROM
NEIGHBORHOOD SERVICES (NS) TO APARTMENT/MULTI-FAMILY
DISTRICT (R-4); MORE SPECIFICALLY DESCRIBED AS A PORTION
OF THE GENOBERA MALPAZ SURVEY NO. 67, ABSTRACT NO. 221,
GENERALLY LOCATED 458 FEET EAST OF THE INTERSECTION
OF BORGFELD ROAD AND FM 3009 (ROY RICHARD DR.);
PROVIDING A REVERSIONARY CLAUSE; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, Oryx Development LLC, is requesting to rezone approximately 10.637 acres of
land described in Exhibit "1 ", attached hereto and incorporated herein by reference (hereinafter,
the "Property").
WHEREAS, all required notices have been provided;
WHEREAS, on February 24, 2010 the Planning and Zoning Commission conducted a public
hearing and thereafter recommended approval of the request for a change to Apartment/Multi-
Family District (R-4) in a motion containing the following language: "conditioned upon its use
as a senior living facility for a period of time not to exceed two (2) years, and if it doesn't get
funded for that particular type of use from whatever source that it come back to the Planning
and Zoning Commission for further consideration ";
WHEREAS, Staff believes that, based upon the discussion by the Members of the Planning and
Zoning Commission, it was the Commission's intent that the zoning change be approved,
conditioned on the development of the property as a senior living facility and that if such
development does not occur within two years, the zoning classification of the property shall
revert to Neighborhood Services (NS);
WHEREAS; on March 9, 2010, the City Council conducted a public hearing and determined
that this request is in the interest of the public safety, health, and welfare;
BE IT ORDAINED SY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT:
SECTION I
Item 3A ORD-ZONE FINAL FINAL ORD ZC2010-001 Ashton Senior Village NS to R-4 (3).doc
Subject to Section III below, the Property is hereby zoned in its entirety as Apartment/ Multi-
Family District (R-4).
SECTION II
The Official Zoning Map (Ordinance No. 07-5-40) of the City of Schertz described and referred
to in Article 2 if the Unified Development Code shall be changed to reflect the above zoning
amendment.
SECTION III
The City Council anticipates that a senior citizen apartment living facility described as a 176 unit
senior living facility exclusively for persons of age 55 or older with standard amenities for such
facility will be constructed. and established on the property (the "Anticipated Operations").
Unless the City Manager or his designee shall certify to the City Council that a complete
preliminary site plan application describing a facility on the Property compatible with the
Anticipated Operations has been filed with the City by March 16, 2012, the actions authorized in
Section I and Section II of this Ordinance shall be repealed and shall be void; and the zoning
classification of the Property shall revert back to Neighborhood Services (NS), the zoning
classification in effect immediately prior to adoption of this Ordinance.
SECTION IV
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.
SECTION V
The sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if
any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared
unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining
phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same would have
been enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional or invalid phrase, clause, sentence, paragraph or section.
SECTION VI
Any person, firm, association of persons, corporation or other organization violating the
provisions of this Ordinance shall be deemed to be guilty of a misdemeanor and, upon
Item 3A ORD-ZONE FINAL FINAL ORD ZC2010-001 Ashton Senior Village NS to R-4 (3).doc
conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation
continues shall be deemed as a separate offense.
Approved on first reading the 9th day of March , 2010.
PASSED, APPROVED AND ADOPTED the day of , 2010.
Mayor, City of Schertz, Texas
ATTEST:
r
ecretary, City of Schertz, Texas (SEAL OF THE CITY)
Item 3A ORD-ZONE FINAL FINAL ORD ZC2010-001 Ashton Senior Village NS to R-4 (3).doc
~®~~' ~.I~.RS®N ~~~~R~~RA~~~
PROFESSIONAL LAND SURVEYORS
1904 FORTVIEW ROAD
AUSTIN, TEXAS 787074
TELEPHONE: (512) 442-0990
FACSIMILE: (512) 442-1084
December 30, 2009
FIELD NOTE DESCRIPTION OF 10.G37 ACRES OF LAND OUT OF THE GENOBERA MALPAZ
SURVEY NO. 67, ABSTRACT N0.221 IN GUADALUPE COUNTY, TEXAS, AND BEING ALL OF THAT
CERTAIN (10.629 ACRE) TRACT OF LAND AS CONVEYED TO MICHAEL C. LAINE BY DEED
RECORDED IN VOLUME 2434, PAGE 399 OF THE OFFICIAL RECORDS OF GUADALUPE COUNTY,
TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a ''/z" iron rod found in the Northeast right-of--way line of F.M. Highway 3009 at the West
corner of that certain (1.067 acre) tract of land as conveyed to Keeb II, Inc. by deed recorded in Volume 1264,
Page 857 of the Official Records of Guadalupe County, Texas, same being an exterior angle comer at the most
Westerly Southwest coiner of that certain {1 O.b29 acre} tract of land as conveyed to Michael C. Laine by deed
recorded in Volume 2434, Page 399 of the Official Records of Guadalupe County, Texas and the most Westerly
Southwest comer and PLACE OF BEGINNING of the herein described tract, from which a 1/2" iron rod
found at the South corner of said (1.067 acre) ICeeb II, Inc. tract, same being the West comer of that certain
(1.001 acre) tract of land as conveyed to Lanny L. Boswell and Lanny L. Boswell, Jr. by deed recorded in
Volume 1267, Page 824 of the Official Records of Guadalupe County, Texas bears, S 30 deg. 00'04" E ] 34.54
ft.;
THENCE with the Northeast right-of--way line of F.M. Highway 3009 a~~d a Southwesterly line of said (10.629
acre) Laine tract, N 29 deg. 53'32" W 139.54 ft. to a I/2" iron rod found with a plastic cap imprinted : "SIA
Engr." at the most Westerly Northwest corner of said (1 O.b29 acre) Laine tract, same being the South comer of
Lot 5, Block I, Isenhour Subdivision, a subdivision in Guadalupe County, Texas, according to the map or plat
thereof recorded in Volume 6, Page b69 of the Plat Records of Guadalupe County, Texas and the most Westerly
Northwest corner of the herein described tract;
THENCE leaving the Northeast right-of-way line of F.M. Highway No. 3009, with the Southeast line of Lot 5,
BIock I, Isenhour Subdivision, same being a Northwest line of said (10.629 acre) Laine tract, the following two
(2) courses:
I.) N 63 deg. 57'20" E 266.94 ft. to a I/2" iron rod found with a plastic cap imprinted "SIA, Engr.";
2.) N 59 deg. 52'00" E 50.95 ft. to a I/2" iron rod found with a plastic cap imprinted "SIA Engr." at
the East corner of Lot 5, BIock I, Isenhour Subdivision, same being an interior angle corner of said
(10.629 acre) Laine tract at•~d an interior angle corner of the herein described tract;
THENCE with the Northeast line of Lot 5 and Lot 6, Block I, Isenhour Subdivision, N 29 deg. 52'18" W
241.84 ft. to a 1 /2" iron rod found with a plastic cap imprinted "SIA Engr." in the Northeast line of Lot b, Block
1; Isenhour Subdivision, same being the South corner of that certain (0.2'747 acz•e) tract of land as conveyed to
Faustino Marroquin and Marla Marroquin by deed recorded in Volume 2391, Page 953 of the Official Records
of Guadalupe County, Texas, also being an exterior angle corner of said {I O.b29 acre) Laine, tract and an
exterior angle comer of the herein described tract;
Page 1 of 2
EXHIBIT 1
'T'HENCE with the common Line of said (l 0.629 ac~•e) Lazne tract and said {0.2747 acre) Man•oquin tract, the
following two {2) courses:
1.) N 63 deg. 20'30" E 70.65 ft. to a l/2" iron rod found at the East comet• of said (0.2747 acre}
Marroquin, same being an interior angle corner of said (10.629 acre) Laine tract and an interior angle
corner of the herein described tract;
2.} N 29 deg. 49'35" W 156.75 ft. to a I/2" iron rod found with a plastic cap imprinted "SIA Engr." in
the curving South right-of--way Iine of Borgfeld Road at the Northeast corner of said (0.2747 acre)
Marroquin tract, same being the most Nort]~erly comer said (10.629 acre} Laine tract and the most
Northerly comer of the herein described tract;
THENCE with the South right-of--way line of Borgfeld Road and the No2-th line of said (l 0.629 acre) Laine tract
the following three (3) courses:
1.) along a curve to the right with a radius of 64b.00 ft. for an arc length of 2I 0.36 ft. and which
chord bears, S 84 deg. 40'13" E 209.43 ft. to a I/2" iron rod found with a plastic cap imprinted "SIA
Engr." at a point of tangency;
2.) S 74 deg. 56'35" E 302.29 ft. to a 1/2" iron rod found a point of curvature;
3.) along a curve to the left with a radius of 630.00 ft. for an arc length of 326.31 ft. and which chord
hears, S $8 deg. 57'43' E 322.67 ft. to a 1/2" iron rod found at the Northwest corner of Lot 1, BIock
I, Buffalo Flats, a subdivision in Guadalupe County, Texas, according to the map or plat thereof
recorded in Volume 6, Page S I3 of the Plat Records of Guadalupe County, Texas, same being the most
No~theasterIy corner of said (10.629 acre) Laine tract and the most Northeasterly comer of the hereizi
described tract;
THENCE leaving the South right-of--way Iine of Borgfeld Road with the common Iine of Lot I , BIock I, Buffalo
Fiats and said {10.629 acre) Laine tract, S 31 de;. 16'45" E 345.06 ft. to a ]/2" iron rod found at the South
corner of Lot I, BIock I, Buffalo Fiats, same being the most Easterly comer of said (10.629 acre) Lai~~e tract
and the n7ost Easterly corner of the herein described tract;
THENCE with a Southeast line of said (10.629 acre) Laine tract, S 60 deg. 11'06" W 713.52 ft. to a broken
concrete monument at the most Southerly corner of said (] 0.629 acre) Laine tract, same being the most
Southerly corner bf the herein described tract;
THENCE with a Southwesterly line of said (10.629 acre) Laine tract, N 30 deg. 02'36" W 329.61 ft. to a ]/2"
iron rod found at the most northerly corner of said (1.004 acre) ICeeb TI, hoc. tract, same being an interior angle
comer of said (10.629 acre} Laine tract and an interior angle corner of the herein described tt-act;
THENCE with the common Iine of sand (I0.629 acre) Laine tract and said (1.004 acre) I{eeb.Il, Inc. tract, S 59
deg. 48'OS" W 343.88 ft. to the ELACE OI+ T3EGTNNTNG and containing 10.637 acres of Iaud.
SURVEYED: December 30th, 2009
Holt Carson
Registered Professional Land Surveyo~• No. 5166
reference map no. A 852056
Page 2 of 2
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IN GUADALUPE COUNTY, iExAS, AND BEING ALl OF THAI CERTAIN 1106}9 A[REI JRACL OF ~\s~/~ \ // AB6TRACi NO }21
ANp AS <ONVEYEO TO MICHAEL C LA1NE BY DEED RECORDED M vpLUME }[)[,PAGE ]99 ~\ \1 PREPa REO DECEMBER )0.}009
OF THE OFFICIAL RECORDS OF LUaDaLUPE COUNT V, iExaS 'p \ ~ ~\ Curren) Zoning GB-Ge°erel Business
LOCATED ON BORGFELD ROAD Arv0 F M H1GHwAY 3009 O O ~\ O %~. Owne. Michael C Leine
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SUR VE YEO DECEMBER 30.}009 f
NOLT CARS0N,INC0RP0RATED
BY PROFESSIONAL LAND SURVEYORS
I90f FORTVIEW ROAD
HaN Carson AUSTIN, TX TBT01
Reg~sleretl ProleszrOn01 Lpnp 6urvey0r rvo 5166 /5111 II1-0990
\~, n1 }009 A 65}056