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Ordinance No. 14-S-50 Rezone 2 acres from PRE to Single Family Residential/Ag. (RA)ORDINANCE NO. 14 -S -50 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 2 ACRES OF LAND FROM PREDEVELOPMENT DISTRICT (PRE) TO SINGLE FAMILY RESIDENTIAL /AGRICULTURE (RA). WHEREAS, an application to rezone approximately 2 acres of land described in the Exhibit A and Exhibit B attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain conditions 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 zone change (the "Conditions "); and WHEREAS, on November 19, 2014, the Planning and Zoning Commission conducted a public hearing and, after considering the Conditions, herby makes a recommendation of approval of the rezoning; and WHEREAS, on December 16, 2014 the City Council conducted a public hearing and after considering the Conditions and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Single Family Residential /Agricultural District (RA). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised 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 findings 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and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. 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. Approved on first reading the 16th day of December, 2014. PASSED, APPROVED AND ADOPTED on final reading the 6th day of January, 2015. Michael R. Carpenter, Mayor (S!T' enda Dennis, City Secretary (SEAL OF THE CITY) FORD ENGINEERING, INC. Date: August 15, 2014 Project No: 2378.00 FIELD NOTES DESCRIPTION 2.000 ACRES Zone RA Page 1 of 2 A 2.000 acre tract of land out of the Julian Diaz Survey No. 66, Abstract No. 187, Bexar County Block 5059, situated in the City of Schertz, Bexar County, Texas, being a portion of that certain tract of land called to contain 12.754 acres of land conveyed to Darren Barsness and wife, Sandy Barsness in Volume 11348, Page 779 of the Official Public Records of Real Property of Bexar County, Texas; being more particularly described as follows: BEGINNING: at a %2 inch iron rod with cap marked "BLS" found for the Southeastern corner of the said 12.754 acre tract, a corner of that certain 40.556 acre tract of land conveyed to Lloyd R. Fairley in Volume 8666, Page 492 of the Official Public Records of Real Property of Bexar County, Texas, for the Southeastern corner of this 2.000 acre tract; THENCE: S 59 °34'41" W — 436.30 feet along a line of the said 40.556 acre tract, the Southern line of the said 12.754 acre tract to a %2 inch iron rod found for the Southeastern corner of that certain 12.754 acre tract of land conveyed to Ronald Scott Roemer in Volume 16214, Page 1618 (further described in Volume 11294, Page 1845) of the Official Public Records of Real Property of Bexar County, Texas, for the Southwestern corner of the said Barsness 12.754 acre tract, for the Southwestern corner of this 2.000 acre tract; THENCE: N 30 °24'29" W — 199.31 feet along the Western line of the said Barsness 12.754 acre tract, the Eastern line of the said Ronald Scott Roemer 12.754 acre tract to a point for the Northwestern corner of this 2.000 acre tract, from which a %2 inch iron rod with yellow plastic cap marked "Ford Eng Inc" set on the Southeastern line of Lower Seguin Road, for the Northwestern corner of the said Barness 12.754 acre tract, the Northeastern corner of the said Ronald Scott Roemer 12.754 acre tract bears N 30 °24'29" W — 1141.18 feet; THENCE: N 59 °35'36" E — 438.16 feet across the said Barsness 12.754 acre tract to a point on the Eastern line of the said Barsness 12.754 acre tract, a line of the said Lloyd R. Fairley 40.556 acre tract, for the Northeastern corner of this 2.000 acre tract, from which a %2 inch iron rod with yellow plastic cap marked "Ford Eng Inc" set for the Northeastern 10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 590 -4940 1- 800 - 332 -3109 Web Site: www.fordengineering.com TBPE No. F -1162 FORD ENGINEERING, INC.- Page 2 of 2 corner of the said Barsness 12.754 acre tract on the Southern line of Lower Seguin Road bears N 29 °52'21" W — 913.90 feet THENCE: S 29 °52'21" E - 199.20 feet along the Eastern line of the said Barsness 12.754 acre tract, a line of the said Lloyd R. Fairley 40.556 acre tract to the POINT OF BEGINNING and containing 2.000 acres of land, according to a survey made on the ground under my supervision Corresponding plat prepared. 2378.00 Re- Zoning RA.docx BEARINGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM ESTABLISHED FOR THE TEXAS SOUTH CENTRAL ZONE, 4204, NAD 83. '��:•'GISTER •� �, x' �s•'�� Fo' . cf' • Rex L. Hackett REXL;HACKETT _,Y,,, Registered Professional Land Surveyor % off 5573 P� :' License Number 5573 SUR��o�� 10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 590 -4940 1- 800 - 332 -3109 Web Site: www.fordengineering.com TBPE No. F -1162 ,OTON PROPERTIES ) BOX 592816,/AN ANTONIO, TX 7 .420 ACRES - A 18 L_r PL ml 200- 's ,I D'BOARD OF TRU LBEL \RD, SCHERTz - ACRE 13939, P . 0905 USE: VAC NT LAND 02'01"E 4nd no, ZONE - EVELOPMENT) �01 0 0 1.1 0 BOG ----------- r 110;\m PL vp, 0 PO BOX 616, CIBOLO, -7, k, G) '2 L RONALD SCOTT ROEMER 12180 LOWER SEGUIN RD, SCHERTZ, TX 78154 12.754 ACRES \�OL. 16214, PG. 1618 LANDUSE: AGRICULTURE 0) PL ALTON B. AND EILEEN SCHNEIDER 214 CARTER LN, STOCKDALE, TX 781 11.500 ACRES LANDUSE: AGRICULTURE USE: AGRICULTU QP C-6 135 SEGU UGHFARE ROW 'SCHERTZ CITY LIMITS VL - DEVELOPMENT 0 � O\ ON PL PL GARY R. FAIRLEY 12310 LOWER SEGUIP( RD, SCHERTZ, TX 78154 34.331 ACRES VOL. 10520 PG. 1386 ------ LANDUSE: AGRICULTURE 007, LLOYD R. FAIRLEY 4085 WEIL RD, MARION, TX 78124 0 3d 40.556 ACRES VOL. 8666, PG. 492 LANDUSE: AGRICULTURE '010000e 10000' 1101 .00e 0 NOT TO SCALE LEGEND: 10927 WYE DRIVE, SUITE 104 * SAN ANTONIO, TEXAS 78217 TEL: (210) 590-4777 * FAX: (210) 590-4940 * TBPE No. F-1 162 www.fordengineering.com GENERAL NOTES: 1. BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH AMERICAN DATUM OF 1983/93, SOUTH CENTRAL ZONE. 2. DISTANCES SHOWN ARE SURFACE DISTANCES IN U.S. SURVEY FEET. THE SCALE FACTOR IS 0.999860019597. 3. COORDINATES SHOWN HEREON ARE TEXAS STATE PLANE GRID COORDINATES - SOUTH CENTRAL ZONE. COORDINATES EXPRESSED IN U.S. SURVEY FEET (NAD83). 4. ELEVATION FOR THIS SURVEY ARE BASED UPON NORTH AMERICAN VERTICAL DATUM OF 1988, NAVD88, GPS COOPERATIVE COORS STATION DESIGNATION-FORD ENG COOP CORS ARE, PID-DE6233. PID ORTHOMETRIC ELEVATION =836.55 DETERMINED BY GEOID03 5. NO 100-YEAR FLOODPLAIN EXISTS ON THE PROPERTY PER FEMA dFIRM PANEL FM48029CO315F DATED SEP. 29, 2010 6. THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT." RA (RESIDENTIAL AGRICULTURAL =PRE (PRE-DEVELOPMENT) =EXISTING PRE/ PROPOSED RA EXISTING ZONING RA = 2.755 ACRES PRE = 9.992 ACRES RA = 0 FOUND FENCE CORNER W 7.992 ACRES ALL SET PINS ARE 1/2" REBAR WITH OWNER 0 A YELLOW PLASTIC CAP STAMPED DARREN &SANDY BARSNESS MARK B HILL, PE "FORD ENG. INC." P.O. BOX 616 QQ FOUND 1/2" IRON ROD S R.F. = FOUND 1/2" IRON ROD PH. 210-414-4466 R.S. = SET 1/2" IRON ROD 0 100 200 ESMT. = EASEMENT BARSNESS PROPERTY ELEC. = ELECTRIC SCALE: 1 100' TEL. = TELEPHONE CATV = CABLE TELEVISION BSL = BUILDING SETBACK LINE ROW = RIGHT-OF-WAY PL = PROPERTY LINE FORDBEE = BASE FLOOD ELEVATION ENGINEERING INC. ENGINEERING PLANNING DEVELOPMENT FEI PROJECT No: 2378.00 DATE: 2014-10-10 10927 WYE DRIVE, SUITE 104 * SAN ANTONIO, TEXAS 78217 TEL: (210) 590-4777 * FAX: (210) 590-4940 * TBPE No. F-1 162 www.fordengineering.com GENERAL NOTES: 1. BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH AMERICAN DATUM OF 1983/93, SOUTH CENTRAL ZONE. 2. DISTANCES SHOWN ARE SURFACE DISTANCES IN U.S. SURVEY FEET. THE SCALE FACTOR IS 0.999860019597. 3. COORDINATES SHOWN HEREON ARE TEXAS STATE PLANE GRID COORDINATES - SOUTH CENTRAL ZONE. COORDINATES EXPRESSED IN U.S. SURVEY FEET (NAD83). 4. ELEVATION FOR THIS SURVEY ARE BASED UPON NORTH AMERICAN VERTICAL DATUM OF 1988, NAVD88, GPS COOPERATIVE COORS STATION DESIGNATION-FORD ENG COOP CORS ARE, PID-DE6233. PID ORTHOMETRIC ELEVATION =836.55 DETERMINED BY GEOID03 5. NO 100-YEAR FLOODPLAIN EXISTS ON THE PROPERTY PER FEMA dFIRM PANEL FM48029CO315F DATED SEP. 29, 2010 6. THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT." RA (RESIDENTIAL AGRICULTURAL =PRE (PRE-DEVELOPMENT) =EXISTING PRE/ PROPOSED RA EXISTING ZONING RA = 2.755 ACRES PRE = 9.992 ACRES RA = 4.755 ACRES PRE = 7.992 ACRES OWNER APPLICANT SURVEYOR DARREN &SANDY BARSNESS MARK B HILL, PE REX HACKETT, RPLS P.O. BOX 616 FORD ENGINEEERING, INC. FORD ENGINEEERING, INC. CIBOLO, TX 78108 10927 WYE DR, STE 104 10927 WYE DR, STE 104 PH. 210-414-4466 SAN ANTONIO, TX 78217 SAN ANTONIO, TX 78217 PH. 210-590-4777 PH. 210-590-4777 BARSNESS PROPERTY 12424 L 0 WER SEGUIN RD REZONE 2.00 ACRES ABSTRACT 187 VOL. 11248, PG 0779 DEED RECORD A 2.00 ACRES OUT OF 12.747 ACRE TRACT OF LAND OUT OF JULIAN DIAZ SURVEY NO. 66, ABSTRACT NO. 187, BEXAR COUNTY BLOCK 5059, SITUATED IN THE CITY OF SCHERTZ, BEXAR COUNTY, TEXAS, BEING ALL OF THAT CERTAIN TRACT OF LAND CALLED TO CONTAIN 12.754 ACRES OF LAND CONVEYED TO DARREN BARSNESS AND WIFE, SANDY BARSNESS IN VOLUME 11348, PAGE 779 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF BEXAR COUNTY, TEXAS. PREPARED: OCT. 10, 2014