15-S-29 - Rezone 0.25 Acre Tract from Single Family Residential District to Main Street Mixed Use DistrictORDINANCE NO. 15 -S -29
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP BY REZONING AN APPROXIMATELY
0.25 ACRE TRACT OF LAND FROM SINGLE FAMILY RESIDENTIAL DISTRICT -2
(R -2) TO MAIN STREET MIXED USE DISTRICT (MSMU).
WHEREAS, an application to rezone approximately 0.25 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 August 12, 2015, the Planning and Zoning Commission conducted a public
hearing and, after considering the Conditions, made a recommendation to approve the requested
rezoning; and
WHEREAS, on August 25, 2015 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 depicted in Exhibit B, is hereby zoned Main Street Mixed Use District (MSMU).
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inconsistent with any provision of this Ordinance are hereby repealed to the extent of such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 25th day of August, 2015.
PASSED, APPROVED AND ADOPTED on final reading ttq,s day of September, 2015.
Mi el R. Carpenter, Mayor
ATTEST:
Brenda ennis, City Secretary
(SEAL OF THE CITY)
Exhibit A
"The Property"
0.252 ACRE SURVEY
G. MALPA2 LEAGUE; & LABOR
SURVEY 67
GUADALUPE COUNTY, TEXAS
Being all that certain tract or parcel of land lying in Division 10
of the G. Malpaz League and Labor, Survey no. 67, Section 3,
Guadalupe County, Texas, same also lying within the corporate
limits of the City of schertz, satde also being a portion of a 0.218
acre tract of land as described in volume 878, page 949, and &
portion of a 0.057 acre tract of land described in volume 878, page
951, Deed Records of Guadalupe County, Texas and more particularly
described as follows:
BEGINNING at a 1 /2" iron rod set at the intersection of the
southwest line of the aforementioned 0.218 acres and the northwest
line of Main Street for the south corner;
THENCE along the southwest line of the aforementioned 0.,218 acres
and the northeast line of a 1.01 acre tract of hand described in
volume 827, page 745, Deed Records of" Guadalupe County, Texas,
N30 020100 11W a distance of 114.67 feet to a 1%2" iron rod set for
the west corner;.
THENCE along the northwest line of the aforementioned 0,218 acres
and the southeast line of a 0.218 acre tract of land as described
in volume 656, page 14, Deed Records of Guadalupe County, Texas,
N59 040100 "E a distance of 76.00 feet to a 1j2" iron rod found for
the most westerly north corner;
THENCE along the northeast line of the aforementioned 0.218 acres
(volume 878, page 949) and the southwest line of a 0.33 acre tract
of land described in volume 537, page 799, Deed Records of
Guadalupe County, Texas, 530 020100' 1E a distance of 25.00 feet to a
1 /2" iron rod found for an interior corner;,
THENCE along the northwest line of the aforementioned 0_.057 acres
and the southeast .line of the aforementioned 0.33 acres,
N59 040100 "E a distance of 25.00 feet to a 1/2" iron rod set for a
north corner;
THENCE along the northeast line of the aforementioned 0.218 acres
and the southwest line of a 0.189 acre "First Tract" as described
in volume 591, page.109•, [feed Records of Guadalupe County, Texas,
530020100 11E a distance of 90.26 feet to a 1/2" iron rod set in the
northwest Line of Main Street for the east corner;
THENCE along the northwest line of Main Street, S600004'00 11W a
distance of 101.00 feet to the Place of Beginning containing 0.252
acres of land.
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Exhibit B
"The Proper
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