15-S-43 - Rezone 0.5086 Acre Tract from Neighborhood Services District to General Busines DistrictORDINANCE NO. 15 -S -43
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP BY REZONING AN APPROXIMATELY
0.5086 ACRE TRACT OF LAND FROM NEIGHBORHOOD SERVICES DISTRICT (NS)
AND MANUFACTURED HOME SUBDIVISION DISTRICT (MHS) TO GENERAL
BUSINESS DISTRICT (GB).
WHEREAS, an application to rezone approximately 0.5086 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 October 28, 2015, the Planning and Zoning Commission conducted a public
hearing and, after considering the Conditions, on November 18, 2015 hereby makes a
recommendation of approval of the rezoning; and
WHEREAS, on December 15, 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 General Business District (GB).
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inconsistent with any provision of this Ordinance are hereby repealed to the extent of such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 15th day of December, 2015.
PASSED, APPROVED AND ADOPTED on final reading Ss;,day of January, 2016.
"ic<ael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(SEAL OF THE CITY)
Exhibit A
"The Property"
"P,
1-1-
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-
177irm License No. 10122300
FIELD NOTUq
FOR
A 0.5086 ACRE. TRACT
A 0.3086 acre tract ofland situated in the City of Schertz, Texas, out of the'roribio Herrera Survey No,
68, Abstract W, Guadalupe County, Texas and bating all of a 0,352 acre tract of hand as conveyed to
Francisco Contreras of record in Volume 1176 Pao 513 of the Official Public Record, of Guadalupe
County, Texas and all of Lot 52 of the Nlobile Villa Estates record in Volume 2 Page 150-153 of the Plat
R.ecordg of Guadalupe County, Toni, ass, conveyed to Francisco Converns of record In Volume 1106
Page 499 of the Official Public Records of Gundalulic County, Texas and being more particularly
descril>ed by metes and bounds as rollows:
111,GINK, PING tit a fmind 1/2" iron rod with to pInstic eap,%tampad "ML S" in the southeast fight-of-way line
of Intowate Highway No, 33, a Na t northwest conter of Lot 10, Block I
riable. wid h right-of-v-vay, for the
of the Lowus Retail Center, at plat of record in Volume 7, Page 331 of the. Plat Records of Guadalupe
County, e=5, the northeast earner of the 0,352 acre tract and the tract described herein;
THENCE, S MY111'05" E, departiag ilia .5outheast right-of-way line. of Interstate I fighway No, 35 and
along and with the common line of Lot 10, Block I and the 0.352 acre tract, a distance of 146,00 feet
passing a set I/;' iron rod with a blue plastic cap stamlvd "K!--- ' Surveyitv,," for the northeast comer or
Lot 52 of the Mobile Villa Esta-les and the southeast corner of the 11.352 acre tract, continuing along and
with the conniton line of Lot 101 Block 1, and Lot 52, for a total distance U1.00 feet to to set I/i" iron rod
with a blue plastic cap stamped "MAI Surveying" for the northeast corner of Lot 53 of the Mobile Villa
Estates, the southeast coo (if Lot 52 and the tract dcs�ribed hcreln;
THENCE: S 59'3W18" W, along and with the common line,, of Lots 52 and 53, a distance of 105.00 feet
to a set I/z" iron rod with a blue plastic cap :,tamped "KnV Surveying" in the east right=of-way line oU
Cabana Chive, a 50 fact right-of-wky, of record in Volume 2 Page 150-153 of the Platt Records of"
Guadalupe Cou lily, Texas, for the northwest corner of Lot 53, the southwest corner of Lot 52 and the tract
described herein;
THENCE. N 30"IF05" W, along and with the common line of Lot 52 and the east right,of4ay line of
Cabana.Drive, a dislance of 65J391 feet passin ca am et KF%
I _g a set 114" Iron rod cc ablue plastic p st- p i " V
Surveying" for the northwest comer of Lot 52 and the southwest corner of the 0.352 acre tract, continuing
along and with the common line of Caba,na Drive and the 0,352 acre, tract, ror it total distance of 211,00
feet to a set PK nail with a washer stamped "KFNV Surveying" in the southeast riglit-ofsway line of
Intrrstate Highway No. 35, for the northwest corner of thr, 0.352 acrc tract anal the tract described heroin,,
THENCE, N 99181811 F, along and with the southeast fight-of-way line of jutefstate MIAlmay'N"o, M
and the 0,352 acro tract, a dislimco ol'IDS,011 feat in ft.! 11" LINT OFIRIEGINNINGand Containing O-5O86
of an acre or 22,155 s-quare feet more or less, situated in the city of Schartz, Cyoadalupe~ Coulity, Texas,
Said tr=act being dosuribed in accordanco, with an exhibit preDired by KFW Surve.ying, Bearings are based
on NADKI (2011) Texas State Plane South Central Zone, 4204. Distances reek id herein aim surface-
distances with an average combined factor of 0,999938745,
"This domtlwt 't
.It was, prepated under 22TAC6612 I, does not reflea the rosuhs (if 4 n on the ground
survey, and is not to be used to convey or establish interests in real properly except those rights and
interests Intiplied or established by the creation tit re-configuration of the bOL.Indary of the p-olitical
subdivision for which it was prepare- .'°
jkI4 No" 157657
Prapuc,d ghy. KFW Soocy I
ing,
Date- hily 2, 2011
File., SMraw 201TO-065 1716o m 35 - Brake
Ac-RRAKE CHECK
gR
It s
Exhibit B
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