17-S-07 - Rezone approx 1 acrea of land from single family residential district to Main Street Mixed Use DistrictORDINANCE NO. 17 -S -07
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 1
ACRE OF LAND FROM SINGLE - FAMILY RESIDENTIAL DISTRICT, (R -2) TO MAIN
STREET MIXED USE DISTRICT (MSMU).
WHEREAS, an application to rezone approximately 1 acre of land generally located 290 feet
northeast of the intersection of Main Street and Randolph Ave, 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 January 11, 2017, 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 February 07, 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 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inconsistent with any provision of this Ordinance are hereby repealed to the extent of such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 7th day of February, 2017.
PASSED, APPROVED AND ADOPTED on final reading he 14th day of February, 2017.
1c1 el R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(SEAL OF THE CITY)
Exhibit A
"The Property"
A certain tract of land situated in Guadalupe County, Texas,
which is more fully described as follows;
tEGINIIINC at an iron Pin sat on the bow north right -of -way
line of Main Streot, said point also being the present
southwest coxiier of the Willie V. Ebert tract as recorded
in Volume 19 Z., Page 501, Deed Records of GUadalUpe county,
Texas
TIIENCY, South 600 001 West along the new north right-of-way
ling of Xairl street, a diztanoa of 95.00 feet to an iron
pin sot for tho southwest corner of this tract;
THENCE Iforth 30* 195 Weer. along the east line of the Mrs.
DO Rho4es tract as recorded in Volume 211, Page 360, Deed
Recorda of Guadalupe County, Toms, a distance of Llf,-.00
lcct to an iro" pin oet for the northwest corner of this
tr ii c t j
ITHENCE xortlh 600 001 Tait a distance of 95.60 feet to an iron
Pin set for the northeast corner of this tract,,
THENCE South 300 191 Vast along the west line of the above
laenti=ed Willie Ebert tracte a distance of 116.53 foot to
the Point of Beginning and containing 11,070.18 square,feet
of land. .4
Exhibit B
"The Property"
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