Ordinance 13-S-50 - Specific Use Permit M & W Travel SubdivisionORDINANCE NO. 13-5-50
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 11-5-15
BY GRANTING A SPECIFIC USE PERMIT FOR APPROXIMATELY 3.99 ACRES OF
LAND. THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS LOT 11, BLOCK
200 OF THEM & W TRAVEL SUBDIVISION; BEXAR COUNTY, TEXAS AND
LOCATED AT 14425 IH 10 EAST; AND OTHER MATTERS IN CONNECTION
THEREWITH AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The property owner has applied for a Specific Use Permit to allow a Convenience
Store with gas pumps for approximately 3.99 acres of land described in Exhibit A and B attached
hereto and incorporated herein by reference (hereinafter, the "Property").
WHEREAS, all required notices have been provided;
WHEREAS, on October 9, 2013, the Planning and Zoning Commission conducted a public
hearing and thereafter recommended approval of the Specific Use Permit to allow a Convenience
Store with gas pumps.
WHEREAS; on October 22, 2013, 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 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT:
Section 1. Subject to Section 4 below, the Property as shown in Exhibit A and B is
hereby granted a Specific Use Permit to allow a Convenience Store with gas pumps on the
approximately 3.99 acre tract of land known as the M & W Travel Center Subdivision.
Section 2. The Official Zoning Map (Ordinance No. 11-S-15) of the City of Schertz
described and referred to in Article 2 of the Unified Development Code shall be changed 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 fmdings 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inconsistent with any provision of this Ordinance are hereby repealed to the extent of such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.
Ordinance 13-S-50 M & W Travel Center Subdivision
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.
Section 10. 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 offense.
Approved on first reading the 22nd day of October, 2013.
PASSED, APPROVED AND ADOPTED on fmal r mg the 29t of October, 2013.
Mich R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(SEAL OF THE CITY)
Ordinance 13-S-50 M & W Travel Center Subdivision
TX LANDMARK SURVEYING
26254 IH 10 West, Suite 1051 Boerne, TX 78006 ~ 830.428.0290
FIELD NOTES FOR 3.990 ACRES OF LAND
BEING 3.990 acres of land out of the E. Gotari Survey No. 2, Abstract No. 5, Bexar County, Texas, being all
of Lot 11, Block 200, M & W TRAVEL CENTER SUBDIVISION as shown on the plat recorded in Volume
9535, Page 8, Deed & Plat Records of Bexar County, Texas (DPRBCT) (R1), said 3.990 acres being more
particularly described by metes and bounds as follows:
BEGINNING at a found 1/2" rebar with no identification for the southwestern most corner of said Lot 11,
located on the northern ROW of !H 10, from which a found 1/2" rebar with no identificaiton bears North
30° 14' 05" West for 430.97 feet (North 29° 53' 42" West for 431.27 feet, R1) for reference;
THENCE around the perimeter of said Lot 11 the following eleven (11) bearings and distances:
1. North 30° 14' 05" West for 430.97 feet (North 29° 53' 42" West fior 431.27 feet, R1) to a found 1/2"
rebar with no identification for the northwestern most corner of this tract;
2. North 59° 46' 30" East for 286.16 feet (North 60° 07' 18" East for 286.28 feet, R1) to a found 1/2"
rebar with no identification for a northeast corner of this tract;
3. South 30° 16' 07" East for 283.94 feet (South 29° 55' 00" East for 284.03 feet, R1) to a found 1/2"
rebar with no identification for an interior corner of this tract;
4. North 59° 40' S2" East for 392.65 feet (North 60° 03' 50" East for 392.28 feet, R1) to a found 1/2"
rebar stamped "FORD ENGR" for a northeast corner of this tract;
5. South 43° 24' 06" East for 30.95 feet (South 43° 00' 54" East for 30.71 feet, R1) to a found 1/2"
rebar with no identification for a southeast corner of this tract;
6. South 59° 46' 59" West for 204.01 feet (South 60° 04' 27" West fior 203.73 feet, R1) to a found
1/2" rebar with no identification for an interior corner of this tract;
7. South 30° 20' 36" East for 179.15 feet (South 30° 00' 00" East for 178.61 feet, R1) to a found 1/2"
rebar with no identification for the southeast most corner of this tract;
8. South 66° 10' 40" West for 148.12 feet (South 66° 11' 03" West for 147.11 feet, TxDOT ROW
map) to a found TxDOT ROW monument for a point of curvature of this tract;
9. Southwesterly along a curve to the right for 208.37 feet (L=208.30', R=5485.12', ~=2°10'36",
CB=S 67°13'28" W, CH=208.36', TxDOT ROW map) to a found MAG nail for point of tangency;
10. South 68° 23' 02" West for 114.79 feet (South 68° 21' 36" West for 114.86 feet, TxDOT ROW
map) to a found TxDOT ROW monument for an angle point of this tract;
11. South 63° 30' 43" West for 15.11 feet (South 63° 18' 00" West for 17.23 feet, R1) to the POINT OF
BEGINNING and containing 3.990 acres of land.
The Basis of Bearings is the Texas State Plane Coordinate System
NAD
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1983, South Central Zone (4204). This description was based on a survey
made on the ground under my supervision completed on June 25, 2013,
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......................:
ROBERT S. RUOLOSKI
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Robert S. Rugloski
RPLS #6002 ~ Job 11303191 • July 15, 2013
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