15-S-34 - Rezone from Single Family Residential District to Main Street Mixed UseORDINANCE NO. 15 -5 -34
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP BY REZONING AN APPROXIMATELY 1
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 1 acre 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 September 23, 2015, the Planning and Zoning Commission conducted a public
hearing and, after considering the Conditions, hereby makes a recommendation of approval of
the rezoning; and
WHEREAS, on October 20, 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 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inconsistent with any provision of this Ordinance are hereby repealed to the extent of such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 20th day of October, 2015.
PASSED, APPROVED AND ADOPTED on final readin he 27st day of October, 2015.
Michael R. Carpenter, Mayor
ATTEST:
Br6nda Dennis, City Secretary
(SEAL OF THE CITY)
Exhibit A
"The Property"
All that certain lot and parcel of land situated in Guadulape County, Texas, a part of Uie G. Maipaz Original
Survey No, 67, being the Identical lot conveyed to me, to said F.N. Kllefoth by Edmund Pfeil by deed dated July
29, 1929, and recorded In Volume 124, rage 593 -59S, Guadalupe County Deed Records, and lot Is particularly
described as follows;
Beginning at a stake o the northwest boundary of the Cibolo- 5chertz public road which stake is N 60 deg, E. 40
feet front the l=ast corner of lot conveyed to Chas, Bolton,
Thence N. 30 deg, W. parallel to Bolton's N. E. Line, and 40 feet distance therefrom, 250 feet to a stake;
Thence N. 60 deg. E. 176 feet;
Thence,$, 30 .deg, E. 250 feet to the road;
Thence S 60 deg, W. with road 176 feet to the place of beginning.
Save and Excepts
All that certain tract or parcel of land lying and being situated In the town of Schertz, Guadalupe County, Texas,
having been conveyed by Bobble L. Smith and with, Mary L. smith to the Urban Renewal Agency, by Deed dated
November 4, 1970 and more specifically described as follows:
Beginning at an iron pin on the'Southeast corner of the Bobble L. Smith tract and the present North line of Main
Street, sold point also being the Southwest corner of L, L, Rhea tract as recorded In Volume 350, Page 546 -547 of
the Deed Records of Guadalupe County, Texas;
Thence airing the present. North line of Main Street South 60 deg. 19 minutes West 178.09 feet to an iron pin on
the present East line of Pfeil Street;
Thence along the present East line of Pfeil Street North 29 deg, 53 minutes West 24.80 feet to an iron pin on the
paint of curvature or a curve that reverses to the left;
Thence along the said curve whose radius is 15,00 feet a distance of 23,60 feet to an iron pin;
`hence North 60 deg. 00 minutes East along the proposed North line of Main Street 162.98 feet to an Iran pin on
the east line of the Bobble L. Smith tract and the West line of the L.L. Rhea tract;
Thence along the east line of the Bobble L. Smith tract South 30 degrees 21 minutes East 10.76 feet to the Paint
of HegirmIng and containing 1,877 square feet of land,
Exhibit B
"The Property"
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