18-S-07 - Zoning Map amendment of 7 acres to R-1ORDINANCE NO. 18 -S -07
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 7 ACRES
OF LAND TO SINGLE - FAMILY RESIDENTIAL DISTRICT -1 (R -1).
WHEREAS, it is the City's desire to zone approximately 7 acres of land generally located
approximately 3,000 feet southeast of the intersection of Homestead Parkway and Somervell, and
more specifically described in the Exhibit A and Exhibit B attached herein (herein, the "Property ");
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 10, 2018, 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 13, 2018 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 Single - Family Residential District -1 (R -1).
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with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the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 13th day of February, 2018.
PASSED, APPROVED AND ADOPTED on final readinthe 27th day of February, 2018.
R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(SEAL OF THE CITY)
EXHIBIT "A ",
(Field notes of Tract 1, a 1.645 acre tract)
*V
FIELD NOTES SURVEYING
FOR
A 1.645 ACRES - TRACT 1
A 1.645 acre tract of land, being out of the Pedro San Miguel Survey No, 256, Abstract 227 of Guadalupe
County and a 522.18 acre tract of land conveyed to ILF N -T Owner, LP of record in Document Number
201406044206, Official Public Records of Coma] County, Texas and being more particularly described by
metes and bounds as follows:
BEGINNING at a found Y2" iron rod for the southeast corner of a 18.751 acre tract conveyed to Lee
Novikoffof record in Volume 1693 Page 120 of the Official Public Records of Guadalupe County, Texas, an
interior corner of the 522.18 acre tract and an angle point of the ostensible location of the City Limits Line
of the City of Schertz and the City of Cibolo ETJ line, for the southwest corner of the tract described herein,
from which a set 1h" iron rod with blue plastic cap stamped "KFW Surveying" bears S 59 115'15" W, a
distance of 459,15 feet along an with the south line of the 18.751 acre tract, the north line of the 522.18
acre tract for an angle point and continues S 59 °18'30 "W, a distance of 78.51 feet to a set Ih" iron rod with
blue plastic cap stamped "KFW Surveying" for the northeast corner of a 95.861 acre tract ofland conveyed
to Archie H. Heimer of record in Volume 743 Page 1173 ofthe Official Public Records of Guadalupe County,
Texas, for the southwest corner of a west 0.1928 of an acre tract of land conveyed to Roma Holz of record
in Volume 614, Page 696 of the Official Public Records of Guadalupe County, Texas, a southerly southeast
corner of a 18.751 acre tract of land and a northwest corner of the 522.18 acre tract;
THENCE: into and across said 522.18 acre tract, the following thirteen (13) courses:
1. N 50 °04'57" E, along and with the ostensible location of the City Limits Line, a distance of
1678.32 feet to a set ih" iron rod with blue plastic cap stamped "KFW Surveying', for a northeast
corner of the tract described herein,
2. S 08 148'53" E, a distance of 25.20 feet to a set 1h" iron rod with blue plastic cap stamped "KFW
Surveying', for a point of curvature to the right of the tract described herein,
3. With a curve to the right having an arc length of 28.29 feet, a radius of 25.00 feet, a delta angle
of 64 °49'43" and a chord bears, 5 231 35'58" W, a distance of 26.80 feet to a set V2" iron rod
with blue plastic cap stamped "KFW Surveying', for a point of reverse curvature of the tract
described herein,
4. With a curve to the left having an arc length of 100.48 feet, a radius of 135.00 feet, a delta angle
of 42 °38'35" and a °chord bears, S 34° 41'32" W, a distance of 98.17 feet to a set W iron rod
with blue plastic cap stamped "KFW Surveying", for a point of reverse curvature of the tract
described herein,
5. With a curve to the right having an arc length of 25.91 feet, a radius of 25.00 feet, a delta angle
of 59 °22'50" and a chord bears, S 43° 03'39" W, a distance of 24.77 feet to a set 3h" iron rod
with blue plastic cap stamped "KFW Surveying ", for a point of tangency of the tract described
herein,
Page 6
6. S 72 °45'04" W, a distance of 42.68 feet to a set 1h" iron rod with blue plastic cap stamped "KFW
Surveying ", for an interior corner of the tract described herein,
7. S 12 °56'39" E, a distance of 85.62 feet to a set 1h` iron rod with blue plastic cap stamped "KFW
Surveying ", for an exterior corner of the tract described herein,
B. S 81120'42" W, a distance of 62.56 feet to a set Yi" iron rod with blue plastic cap stamped "KFW
Surveying", for a point of curvature to the left of the tract described herein,
9. With a curve to the left having an arc length of 103.77 feet, a radius of 484.00 feet, a delta angle
of 12 °17'03" and a chord bears, S 751 12' 11" W, a distance of 103.57 feet to a set %" iron rod
with blue plastic cap stamped "KFW Surveying", for a point of compound curvature of the tract
described herein,
10. With a curve to the left having an arc length of 304.71 feet, a radius of 665.67 feet, a delta angle
of 26 °13'37" and a chord bears, S 55° 56'02" W, a distance of 302.06 feet to a set lb" iron rod
with blue plastic cap stamped "KFW Surveying ", for a point of tangency of the tract described
herein,
11. S 42048'25"W, a distance of 361.64 feet to a set 'A" iron rod with blue plastic cap stamped "KFW
Surveying ", for a point of curvature to the right of the tract described herein,
12. With a curve to the right having an arc length of 289.93 feet, a radius of 1010.00 feet, a delta
angle of 16 °26'50" and a chord bears, S 51° 01'50" W, a distance of 288.93 feet to a set Y2" iron
rod with blue plastic cap stamped "KFW Surveying", for a point of tangency of the tract described
herein, and
13, S 59 015'15" W, a distance of 353.42 feet to the POINT OF BEGINNING, and containing 1,645
acres, or 71,656 square feet more or less, in the City of Schertz, Guadalupe County, Texas and
being described in accordance with an exhibit prepared by KFW Surveying, Bearings are based
on NAD83 Texas South Central Zone. Distances recited herein are surface distances using an
average combined factor of 0.99984334488.
lob No.: 17 -025
Prepared by: KFW Surveying_
Date_: September 11, 2017
File: S: \Draw 2017 \17 -025 Homestead Ph2 fNortexj \DOGS\ FN -1.645 AC CL
Page 7
0,
Page 8
(Field notes of Tract 3, a 5.202 acre tract)
FIELD NOTES
FAR
A 5.202 ACRES — TRACT 3
.I*vl
SURVEYING
t 5.202 of an acre tract of land, being out of the Pedro San Miguel Survey No. 256, Abstract 227 of
luadalupe County and a 522.18 acre tract of land conveyed to ILF N -T Owner, LP of record in
)ocument Number 201406044206, Official Public Records of Comal County, Texas and being more
)articularly described by metes and bounds as follows:
;ommencing at a found 1h" iron rod for the southeast corner of a 18.751 acre tract conveyed to Lee
Jovikoff of record in Volume 1693 Page 120 of the Official Public Records of Guadalupe County,
Cexas, an interior corner of the 522.18 acre tract and an angle point of the ostensible location of the
;ity Limits Line of the City of Schertz and the City of Cibolo ETJ line, from which a set 1/2" iron rod
oaith blue plastic cap stamped "KFW Surveying" bears S 59 °15'15" W, a distance of 459.15 feet along
to with the south line of the 18.751 acre tract, the north line of the 522.18 acre tract for an angle
)oint and continues S 59 °18'30" W, a distance of 78.51 feet to a set 1/2" iron rod with blue plastic cap
;tamped "KFW Surveying' for the northeast corner of a 95.861 acre tract of land conveyed to Archie
1 Heimer of record in Volume 743 Page 1173 of the Official Public Records of Guadalupe County,
texas, for the southwest corner of a west 0.1928 of an acre tract of land conveyed to Roma Holz of
- ecord in Volume 614, Page 696 of the Official Public Records of Guadalupe County, Texas, a southerly
;outheast corner of a 18.751 acre tract of land and a northwest corner of the 522.18 acre tract;
CHENCE: N 50° 04' 57" E, along and with the City Limits Line over and across the 522.18 acre tract, a
listance of 1703.73 feet to a set 1h" iron rod with blue plastic cap stamped "KFW Surveying ", for the
?OINT OF BEGINNING and west corner of the tract described herein;
['HENCE: continuing into and across said 511.82 acre tract, the following thirteen (13) courses:
I. N 50'04'57" E, along and with the City Limits Linea distance of 1774,00 feet to a set 1h" iron
rod with blue plastic cap stamped "KFW Surveying ", for the northeast corner of the tract
described herein,
21 S 36 °47'21' W, a distance of 63.08 feet to a set 1/2" iron rod with blue plastic cap stamped
"KFW Surveying, for point of curvature to the right of the tract described herein,
3. With a curve to the right having an arc length of 135.49 feet, a radius of 545.00 feet, a delta angle
of 14 114'39" and a chord bears, S 431 54'41" W, a distance of 135.14 feet to a set 1h" iron rod
with blue plastic cap stamped "KFW Surveying" to a_point of tangency of the tract described
herein, -
4. s-51'02'00" W, a distance of 349.84 feet to a set%" iron rod with blue plastic cap stamped
"KFW Surveying ", for a point of curvature to the left of the tract described herein,
Page 11
S. With a curve to the left having an arc length of 319.91 feet, a radius of 655.41 feet, a delta angle
of 27 °57'59" and a chord bears, S 371 02'28" W, a distance of 316.75 feet to a set 1h" Iron rod
with blue plastic cap stamped "KFW Surveying", to a point of tangency of the tract described
herein,
6. S 23 °02'56 " W, a distance of 293.36 feet to a set%" iron rod with blue plastic cap stamped
"KFW Surveying ", for a point of curvature to the right of the tract described herein,
7. With a curve to the right having an arc length of 513.72 feet, a radius of 545.00 feet, a delta angle
of 54 100'25" and a chord bears, S 50° 03' 09" W, a distance of 494.91 feet to a set 'h" iron rod
with blue plastic cap stamped "KFW Surveying ", to a point of tangency of the tract described
herein,
8. S 77 °03'21" W, a distance of 116.94 feet to a set 1/2" iron rod with blue plastic cap stamped
"KFW Surveying ", for a point of curvature to the right of the tract described herein,
9. With a non - tangent curve to the left having an arc length of 6.21 feet, a radius of 25.00 feet, a
delta angle of 14 °14'16" and a chord bears, N 461 31'40" W, a distance of 6.20 feet to a set i/2"
iron rod with blue plastic cap stamped "KFW Surveying ", to a point of compound curvature of the
tract described herein,
10. With a curve to the left having an are length of 9108, a radius of 135.00 feet, a delta angle of
40 °21'12" and a chord bears, N 59° 35' 08" 1N, a distance of 93.13 feet to a set 'h" iron rod with
blue plastic cap stamped "KFW Surveying ", to a point of reverse curvature of the tract described
herein,
11. With a curve to the right having an arc length of 27.21, a radius of 25.00 feet, a delta angle of
62 °22'09" and a chord bears, N 48° 34'40" W, a distance of 25.89 feet to a set 1/2" iron rod with
blue plastic cap stamped "KFW Surveying ", to a point of tangency of the tract described herein,
12. N 17 °23'35" W, a distance of 39.32 feet to a set 1h" iron rod with blue plastic cap stamped
"KFW Surveying", for an interior corner of the right of the tract described herein, and
13. S 76° 53'46" W, a distance of 43.22 feet to the POINT OF BEGINNING, and containing 5.202
acres, or 226,599 square feet more or Jess, in the City of Schertz,,Guadalupe County, Texas
and being described in accordance with an exhibit prepared by KFW Surveying. Bearings are
based on NAD83 Texas South Central Zone. Distances recited herein ar surf d,�es
using an average combined factor of 0.99984334488. g$
lob No: 17 -025` 1
Prepared by: KFW Surveying
Date: May 19, 2017 -
File: S: \Draw 2017 \17 -025 Homestead Ph2 (Vortex) \DOGS\ FN- 0,0790AC CLTran fer.d
Page 12
Page 13
Exhibit B
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MALONE *WHEELER
HOMESTEAD
CITY LIMIT TRANSFER EXHIBIT
SCHIERTZ
City of Schertz
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AGREEMENT
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