16-S-34 -rezone 8 acres from RA to NS with updated exhibitsORDINANCE NO. 16 -S -34
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
ENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY S
ACRES OF LAND FROM SINGLE - FAMILY RESIDENTIAL / AGRICULTURAL
DISTRICT, (R -A) TO NEIGHBORHOOD SERVICES DISTRICT (NS).
WHEREAS, an application to rezone approximately 8 acres of land generally located directly
northwest of the intersection of FM 1103 and Old Wiederstein Road, and more specifically
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
criteria 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
"Criteria "); and
WHEREAS, on September 14, 2016, the Planning and Zoning Commission conducted a public
hearing and, after considering the Criteria, made a recommendation to City Council to approve
the requested rezoning; and
WHEREAS, on October 11, 2016 the City Council conducted a public hearing and after
considering the Criteria 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 Neighborhood Services District (NS).
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inconsistent with any provision of this Ordinance are hereby repealed to the extent of such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 11th day of October, 2016.
PASSED, APPROVED AND ADOPTED on final reading the 25th day of October, 2016.
. . ........
ichael R. Carpenter, Mayor
METES AND BOUNDS DESCRIPTION
FOR A
7.128 ACRE TRACT OF LAND
"ZONING"
Being 7.128 acres of land out of the Rafael Garza Survey No. 98, Abstract No. 138, in tine City of Schertz,
Guadalupe County, Texas and being a portion of a 10.00 acre tract of land as described in Volume 1969, Page 269
of the Official Public Records of Guadalupe County, Texas and a portion of a 2.00 acre tract of land as described in
Volume 1474, Page 960 of the Official Public Records of Guadalupe County, Texas and being that same tract of
land as described as 1.91 acres in Deed of Trust as recorded in Volume 3172 Page 535 of the Official Public
Records of Guadalupe County, Texas, and said 7.128 acre tract of land being more particularly described as follows:
BEGINNING at a %s" iron pin with cap found along the Northwesterly right -of -way line of Old Wiederstein Road,
being the Easterly corner of called Lot 10 - Common Area, Riata, Unit 4C, as recorded in Volume 8, Pages 392 -393
of the Map and Plat Records of Guadalupe County, Texas, and being the Southerly corner of this herein described
7,128 acre tract of land;
THENCE departing the Northwesterly right -of -way line of Old Wiederstein Road, along the Northeasterly title of
said Riata, Unit 4C, N 30132' 18" W, at a distance of 244.45 feet passing a' /" iron pin with cap stamped "DAM
#5348 PROP. COR." set in the Northeasterly line of said Lot 102, Rita, Unit 4B, and being the Westerly corner of
this herein described 1.915 acre tract of land, and continuing a total distance of 595.18 feet to a' /2" iron pin with cap
stamped "DAM #5348 PROP. COR." set in the Northeasterly line of said Lot 97, Riata, Unit 4B, and being the
Westerly corner of this herein described 7.128 acre tract of land;
THENCE departing the Northeasterly line of said Rita, Unit 4B, and with the Southeasterly lines of Sigma
Subdivision as recorded in Volume 7 Page 101 of the Map and Plat Records of Guadalupe County, Texas, the
following calls:
N 59° 19' 58" E a distance of 270.04 feet to a'' /a" iron pin with cap stamped "DAM #5348 PROP. COR."
set for a corner of this herein described 7.128 acre tract of land;
S 30° 19' 3 I" E a distance of 44.93 feet to a ' /z" iron pin with cap stamped "DAM #5348 PROP. COR." set
for a corner of this herein described 7.128 acre tract of land;
N 591 20' 23" E a distance of 109.03 feet to a %" iron pin with cap stamped "DAM #5348 PROP. COR."
set for a comer of this herein described 7.128 acre tract of land;
N 30° 39' 37" W a distance of 45.00 feet to a'' /2" iron pin with cap stamped "DAM #5348 PROP. COR."
set for a comer of this herein described 7.128 acre tract of land;
N 59° 20' 23" E a distance of 164.05 feet to a point in the Southwesterly right -of -way line of F.M. 1103;
THENCE with the Southwesterly right -of -way of F.M. 1103, S 30° 40' 29" E a distance of 29.36 feet to a Type 3
TxDot Monument found for a corner of this herein described 7.128 acre tract of land;
THENCE continuing with the Southwesterly right -of -way of E.M. 1103, with a curve to the left, having a Radius of
1948.81 feet, a Delta Angle of 07° 20' 35 ", a Tangent length of 125.05 feet, with a Chord and bearing distance of
S 34° 16' 42" E, 249.59 feet, and having a Total Are Length of 249.76 feet to a Type 3 TxDot Monument found
along tine Southwesterly right -of -way of F.M. 1103 and being a comer of this herein described 7.128 acre tract of
land;
THENCE continuing along the Southwesterly right -of -way of F.M. 1103, S 30° 36' 22" E a distance of 177.66 feet
to an iron pin with cap stamped "FORD" found for the Northerly corner of a 0.348 of an acre tract of land conveyed
to the City of Schertz in Volume 2561 Page 950 of the Official Public Records of Guadalupe County, Texas, and a
cutback corner at the intersection of said F.M. 1103 and Old Wiederstein Road, and being an Easterly comer of this
herein described 7.128 acre tract of land;
THENCE with the Northerly lines of said 0.348 of an acre tract of land, S 04° 29' 33" W a distance of 84.20 feet to
a %2' iron pin with cap stamped "DAM #5348 PROP. COR." set for a Southeasterly cornier of this herein described
7.128 acre tract of land;
THENCE S 440 06' 34" W a distance of 168.99 feet to a %2" iron pin found for the same corner as described as the
Northerly corner of a 0.085 of an acre tract of land in said Deed of Trust as recorded in Volume 3172 Page 535 of
the Official Public Records of Guadalupe County, Texas, and being a Southerly corner of said 7.128 acre tract of
land;
THENCE continuing along the Northwesterly right -of -way of said Old Wiederstein Road, with said Northerly
boundary of a called 0.085 of an acre tract of land, and with a curve to the right, having a Radius of 707.00 feet, a
Delta Angle of 15° 46' 59 ", a Tangent length of 98.00 feet, with a Chord and bearing distance of S 51 ° 34' 39" W,
194.14 feet, and having a Total Arc Length of 194.76 feet to a' /2" iron pin with cap stamped "DAM 45348 PROP.
COR." set along the Northwesterly right -of -way of said Old Wiederstein Road, and being a corner on the
Southeasterly line of this herein described 7.128 acre tract of land;
THENCE with the Northwesterly right -of -way of said Old Wiederstein Road, S 59° 26' 47" W a distance of 156.06
feet to the POINT OF BEGINNING and containing a 7.128 acre tract of land;
"This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground
survey, and is not to be used to convey or establish interests in real property except those rights and
interests implied or established by the creation or reconfiguration of the boundary of the political
subdivision for which it was prepared."
Bearings based on the Texas State Plane Coordinate Systern, Texas South Central Zone (4204), N.A.D
1983.,
N.
OF T�
Drew A. Mawyer
C
Registered Professional Land Surveyor No. 5348
...... ®•
TBPLS Firm Registration 4 10 191500
DEW A. MAWY R,
0, "
132 Caddell, New Braunfels Tx 78130
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