10-S-09-SUP 1.6569 ac. Nell Deane Subd ORDINANCE NO. 10-5-09
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE
(UDC) ORDINANCE 09-5-06 BY GRANTING A SPECIFIC USE PERMIT
AND ASSOCIATED SITE PLAN FOR 1.6569± ACRES OF LAND BEING
ALL OF LOTS 31 & 32, BLOCK 1, HELL DEANS SUBDIVISION,
GUADALUPE COUNTY, SCHERTZ, TEXAS, TO ALLOW AN
EQUIPMENT STORAGE FACILITY IN THE AIR INSTALLATION
COMPATIBLE USE ZONE (AICUZ), (APZ-1); PROVIDING A
REPEALING CLAUSE; A SERVABILITY CLAUSE; AND A PENALTY
CLAUSE.
WHEREAS, Ramming Paving Company of Schertz, has applied for a Specific Use Permit for
approximately 1.6569 + acres of land described in Exhibit "A", attached hereto and incorporated
herein by reference (hereinafter, the "Property") for an equipment storage facility.
WHEREAS, on April 28, 2010 the Planning and Zoning Commission recommended approval of
the requested Specific Use Permit with the following conditions:
1) Completely screen the fence line along FM 1518 with shrubbery as recommended by the
Parks and Recreation Department.
2) Remove Conex containers within 6 months; or if made permanent they will be required to be
completely screened with shrubbery directly adjacent to the Conex containers and they shall not
be stacked more than one in height; and
WHEREAS, on May 11, 2010 the City Council voted to pass this on first reading also requiring
the applicant to completely screen the fence line along Nell Deane with shrubbery.
THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS HEREBY ORDAINS:
THAT, UDC Ordinance No. 09-5-06 of the City of Schertz, Texas is hereby amended in the
following manner.
SECTION I
"Granting a Specific Use Permit for 1.6569 acres of land being all of Lots 31 & 32, Block 1,
Nell Deane Subdivision, Guadalupe County, Schertz, Texas to allow an equipment storage
facility in the Air Installation Compatible Use Zone (AICUZ), (APZ-1) more particularly
described in the Field Notes and Map, attached hereto as Exhibit "A", in accordance with the
recommendations of the Planning and Zoning Commission and with the additional requirement
to completely screen the fence line along Nell Deane with shrubbery."
SECTION II
The Official Zoning District Map of the City of Schertz described and referred to in Article III,
of the UDC, Ordinance 09-5-06 shall be changed to reflect the above amendments.
Item 3A ORD-SUP2010-001 PC2010-001 Nell Deane Subd L 31 32 Bl.doc
SECTION III
This Ordinance shall be effective immediately from and after its final passage and any
publication in accordance with the requirements of the City of Schertz and laws of the State of
Texas.
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 conviction,
shall be fined an amount not to exceed $2,000.00. Each day that a violation continues shall be
deemed as a separate offence.
Approved on first reading the 11TH day of May, 2010.
PASSED, APPROVED AND ADOPTED the 18th day of y, 2 0.
ayor, City of Schertz, Texas
ATTEST:
Cit ecretary, City of Schertz, Texas
(SEAL OF THE CITY)
Item 3A ORD-SUP2010-001 PC2010-001 Nel] Deane Subd L 31 32 Bl.doc
MAuti~A ROSE COPELAt`!D ana ASSOCtA1'ES,tNC
CONSULTING ENGINEERS AND LANDSURVEYORS
1035 Central Partway North, San Antonio, Texas 78232
(2 f 0( 545- i i 22 FAX (2 i OJ 545-9302
E N I N E E R S www.mbcengineers.com
METES AND BOUNDS DESCRIPTION
FOR
A 0.7569 OF AN ACRE (32,971 SQUARE FEET) TRACT OF LAND, KNOWN AS
LOT 31, BLOCK 1, OF THE NELL DEANE SUBDIVISION, AS RECORDED IN
(VOLUME 7, PAGE 165} OF THE OFFICIAL PUBLIC RECORDS OF REAL
PROPERTY, GUADALUPE COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED IN A CLOCKWISE MANNER AS FOLLOWS:
BEGINNING: At a found iron rod and cap "MBC", marks the
northwest corner of said Lot 31, Block 1, said
found iron rod also being on the northeast
right-of-way line of Farm Market 1516 (a 100 foot
public right-of-way} said found iron rod also
being on the southeast line of Schertz Business
Park as recorded in (Volume 4, Page 336};
THENCE: N 60°00'00" E, 218.67 feet, leaving the northeast
right-of-way line of said Farm Market 1518 and
along and with the southeast line of said Schertz
Business Park, to a found iron rod and. cap
"MBC", said found iron rod also being the
northwest corner of Lot 33, Block 1;
THENCE: S 29°44'08" E, 160.00 feet, leaving the southeast
line of said Schertz Business Park, and along and
with common line of said Lot 33, Block 1, to a
found iron rod and cap "MBC";
THENCE: S 60°00'00" W, 193.48 feet, leaving the common
line of said Lot 33, Block 1, to a found iron
rod and cap "MBC", said found iron rod being
on the northeast right-of-way line of said Farm
Market 1518, said found iron rod also being on
the northwest corner of Lot 32, Block 1;
THENCE: S 38°41'16" E, 161.86 feet, along and with the
northeast right-of-way line of said Farm Market
1518, to the POINT OF BEGINNING of this tract.
P:\1975\30319-Ramming Paving\Letters\0.7569 AC 011116.doc
:I, Joe Edgard Higle, Registered. Professional ?,and Surveyor do
hereby affirm that "this description is based on the results of a
survey made on the gY~ourad by the firm-of Marina, Bose, Copeland
& Assoc., Inc.
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REC~IS`T~r2ED FRGFESSI~I~?AL LAI~ID SURVEYOR
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January 11, 2010
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Mardi 1' 9, 2010
TO: Planning and Zoning
Misty Nichols, Senior Planner
FROM; Don Taylor, City 1Vlanager
S7~,l~CT': PC20:1.0-OOl bell Deane Subtl~visior~, Iaot 3~. ~ 32, ~~®el~ 1
After review of the variance i°ec~uest and as provided for by Sec. 7~-6~ of tl~e City of Schertz
Code of Ordinances, ~loltt~ne 1; I hereby grant a. variance to the maximum curb cuts
established bar Sec. 78-62 for co~nnlercial driveway aprons at the Nell Deane Subdivisiar~ not
to eXCeed 40 feet (frarn flare to flare) as shown on the l:~roposed site plan.
Given the requirements of TX Dcit and. the City of Sche~•tz, I belies=e that the requested access
as shown on this attached. site. plan justifies the neeel to provide wider. ingress and egress to the
pi:operty; ir?s~tring public interest anal safety.
Sincerely,.
Don E. Taylor
City Manager