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21-S-03 - rezone approx 142 acres of land toManufacturing Disrict-light 3,500 feet SW of the Intersection of Doerr Lane and Bell North Drive Comal CtyORDINANCE NO. 21-S-03 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 142 ACRES OF LAND TO MANUFACTURING DISTRICT -LIGHT (M -1), LOCATED APPROXIMATELY 3,500 FEET SOUTHWEST OF THE INTERSECTION OF DOERR LANE AND BELL NORTH DRIVE, COMAL COUNTY, TEXAS WHEREAS, an application to rezone approximately 142 acres of land located approximately 3,500 feet southwest of the intersection of Doerr Lane and Bell North Drive, and more specifically described in the Exhibit A 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 13,2021, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a unanimous recommendation to City Council to approve the requested rezoning; and WHEREAS, on January 26,2021, 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, is hereby zoned Manufacturing District -Light (M -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and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.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 26th day of January, 2021. PASSED, APPROVED AND ADOPTED on final reading the 2" a day of February, 2021. AT1'L . r F Iry 4fAf, - Ralpl utierrez, Mayor 1 IEGALDEUMPUM 141AS4ACM01FUWD 141A94 acres of land located in the Vincente Mitheli Survey Number 114, Abstract Number 363, Coma[ County, Texas and being a portion of that certain 142.096 acres of land tpnveyed to Sdmu 312, LLC, as descdbed In Document Number 2limso249s7, official Public Records of Coma[ County, Texas; said 141A94 acres being more particularly described as follows: 9E]GINNI1116, eta found 1S Inch iron rod located In the northwesterty tight ofwayOne ofthe Union Pacific Railroad and marking the most easterly comer of the said 14LO96 acres; THENCE, South 61deg S4'35' West, along the northwesterly right of way line of the Union Pacific Railroad, a distance of 2,601.a7 feet, to a found % Inch iron rod with'CUDE' cap marking the most southerly comer of the said 142.096 acres; THENCE. North 30deg 20'49" west, leaving the northwesterly tight of way One of the Union Pacific Railroad and along the southwesterly line of the said 142.096 acres, a distance of 11143.02 feet, to a found % Inch Iron rod with "CODE" cap marking the mug westerly comer of the said 142.066 acres•, THENCE, North S9deg 35'59" Fast, along a northwesterly line of the said 142.096 acres, a distance of 1,07430 feet, to a found N inch Fran red with'CUDE' cap marking an Interior corner of the said 142.096 acres, THENCE, North 29deg36'06" West, along the southwesterly line of the said 142.096 acres, a distance of 617.74 feet, to a found it Inch iron rod with'CUDE" cap totaled in the southeasterly right of way line of the Missouri Pacific Railroad and marking the most northerly westerly comer of the said 142AN acres; THENCE, North 60deg0645" East, along the southeasterly right of way line of the said Missouri Pacific Railroad, a distance of 1,51491 feet, to a point located In the current city limit One of the City of SchM Texas, THENCE, along the northeasterly line of the said 142.096 acres, some being the current city limit line of the City of Sc hertz, Texas, the following courses: South Wdeg 211' 21" East, a distance of 1,132.16 feet, to a found ire Inch Iron rod; South 30deg 16' 16' East, a distance of 1, 619.65 feet, to the POOiITOF BEGINNING and containing 141A94 acres of land, moreorless. Biala of bearings is the Tens State Plane Coordinate System, South Central Zone (4204), NO 63 (93). This document was prepared under 22 TAC 66321, does not reflect the results of an on die 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. lamesw. RatasU •I� OF ReglsterMProfesdonal Land SurMurNo .4230 �Q1.G•g �• Cude Englneers 0:4' 4122 Pond Hill Road, Suite 101 SanAnmolojexasT0131 I ........ � s TSPELSRem No, 100MO , q p' i T8PE Firm No. 43S ••. � Job No. MW-W s . CUBE ENGINEERS 4122 POND HILL ROAD. STE101 PHONE: (210)681-29S) tBPE NO, 48S SAN ANTONIO I AUSTIN SAN ANTONIO. 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