17-S-03 - Amend Official Zoning Map of 3 Acres from R-1 to NSORDINANCE NO. 17 -S -03
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 3
ACRES OF LAND FROM SINGLE - FAMILY RESIDENTIAL, (R -1) TO
NEIGHBORHOOD SERVICES DISTRICT (NS).
WHEREAS, an application to rezone approximately 3 acres of land generally located at the
Southwest side of FM 3009 at the intersection of Green Valley 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 December 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 January 10, 2017 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inconsistent with any provision of this Ordinance are hereby repealed to the extent of such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.
Exhibit A
"The Property"
NIETES AND BOUNDS DESCRIPTION
STONE TRACTS
CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS
BEING 2,070 acres in the City of Schertz, Guadalupe County, Texas, out of tile Torriblo
Herrera Survey No. 68, Abstract No. 153, being Lot 1, Block 1, Cal Stone Subdivision as
recorded in Volume 5, Page 164B, Plat Records of Guadalupe County, Texas, and a
1.070 acre tract called 1.0698 acres conveyed to Calvin K and Ann Stone by Special
Warranty Deed With Vendor's Lien Recorded in Volume 8 4, Page 577, Official Public
Records of Guadalupe County, Texas; said 2.070 acres being more particularly described
by metes and bounds as follows, with the bearings based on State Plane Coordinates,
Texas South Central Zone (I'lPS 4204 NA1933):
BEGINNING: at a 112" inch steel rebar found on the southwest ri.-,ht-or-way line of
F.M. 3009, a 120 -foot right-of-way, for (ho north corner of said 1,070 acre
tract and the cast corner of a 3.324 acre tract conveyed to Kellum Real
Estate, 1-1,C by Special Warranty Deed With Vendor's Lien Recorded in
Document No. 2010012430, Official Public Records of Guadalupe
County, Texas, being the north corner of this herein described tract,
THENCE: South 29"03'38" East, with said SOLIthwest, right-of-way line off.M. 3009
and the northeast line of said 1.070 acre tract, passing it a distance of
179.46 feet the east corner of said 1.070 acre tract and a northeast corner
of said Lot 1, and continuing with the northeast line of said Lot I lbr a
total distance of 209.46 feet to a 112" inch steel rebar set (with a yellow
cap marked "DYE ENT SATV) for the cast corner of said Lot I and a
northeast corner of Lot 2, Block I of said Cal Stone Subdivision, being the
cast corner of this herein described tract;
THENCE: South 59 °20'41 "" West, departing said southwest right-or-way line of F.M.
3009 with the common southeast line of said Lot I and a northwest title of
said Lot 2, a distance of 426,99 feet to a 112" inch steel rebar found for the
south corner of said Lot I and an interior corner of said Lot 2, being the
south corner of this herein described tract;
THENCE: North 2903'32" West, with the common southwest title of said Lot I and
it northeast line of said Lot 2, a distance of 213.13 feet to a 112" inch steel
rebar set (with a yellow cap marked "DYE ENT MTV) on (lie southeast
line of said 3.324 acre tract tier the west corner of said Lot I and the north
corner of said Lot 2, being the northwest corner of this herein described
tract;
TFIENCIi',: North 59'50 "10" East, with said southeast line of the 3,324 acre tract and
the northwest line or said Lot I., pa,,,,shig at a distance of 166,89 feet the
north comer of said Lot I and the northwest corner of said 1,070 acre
tract, and continuing with said southeast line of said 3.324 acre tract and
the northwest line of said 1,070 acre tract foe a total distance of 426,90
feet to the POINT OF 13EGINNING and containing 2.070 acres (90,186
square l"ect) of land.
Exhibit B
"The Property"
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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 10th day of January, 2017.
PASSED, APPROVED AND ADOPTED on final reading the 24th day of January, 2017.
is , ael R. Carpenter, Mayor
ATTEST:
Buda Dennis, City Secretary
(SEAL OF THE CITY)