21-S-20 - rezone approx 1.824 acres from GL to GB-2 located 5500 ft E of the Intersection of Schwab Road and IH-35 access road, 6420 IH 35 Comal CountyORDINANCE NO. 21-S-20
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 1.824
ACRES OF LAND FROM GENERAL BUSINESS DISTRICT (GB) TO GENERAL
BUSINESS DISTRICT -2 (GB -2), GENERALLY LOCATED APPROXIMATELY FIVE
THOUSAND FIVE HUNDRED FEET EAST OF THE INTERSECTION OF SCHWAB
ROAD AND IH -35 ACCESS ROAD, 6420 IH 35, ALSO KNOWN AS PROPERTY
IDENTIFICATION NUMBER 67796, CITY OF SCHERTZ, COMAL COUNTY, TEXAS.
WHEREAS, an application to rezone approximately 1.824acres of land located approximately
five thousand five hundred feet east of the intersection Schwab Road and I1-1-35, 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 May 12, 2021, 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 June 8, 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 General Business District -2 (GB -2).
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with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the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 8th day of June 2021.
PASSED, APPROVED AND ADOPTED on final reading the 22nd day of June 2021.
Rah u &ez, Mayor
ATTEST:
Lary
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METES AND BOUNDS DESCRIPTION
FOR LOT 1, WML SUBDIVISION
Being a 1,824 acre tract, located in the John Noyes Survey, A-430, Comal County, Texas. Also being that
same land described as Lot 1, WML Subdivision, recorded in Volume 13, Page 227 of the Map Records of
Comal County, Texas and being more particularly described by metes and bounds as follows:
BEGINNING at a M" iron rod found in the North margin of Interstate Highway 35 for the Southwest
corner of Lot 1, WML Subdivision and the Southeast corner of a called 0,302 of an acre tract, described
as the Third Tract, dedicated to the City of New Braunfels Utilities in Volume 586, Page 849 of the Comal
County Deed Records;
THENCE with the West line of said Lot 1 and the East line of said 0,302 of an acre tract,
North 33 °21'20" West, a distance of 199.57 feet to a Y2" iron rod found for the Northwest corner of Lot 1
and the Northeast corner of said 0.302 of an acre tract, lying in the South line of a called 81.8 acre tract,
described in Document No. 200806006653, Official Public Records of Comal County, Texas;
THENCE with the North line of Lot 1 and the South line of said 81.8 acre tract, North 45 °32'32" East, at a
distance of 341.24 feet passing a %" iron rod found for the Southeast corner of said 81.8 acre tract and
the Southwest corner of Lot 24, Magnolia Springs Unit 8, a subdivision recorded in Document No.
201706037194 of the Official Public Records of Comal County, Texas, and continuing in all a total
distance of 356.52 feet to a %" iron rod found for the Northeast corner of Lot 1 and the Northwest
corner of Lot 2, of said WML Subdivision;
THENCE with the East line of Lot 1 and the West line of Lot 2, South 33 °28'33 "East, a distance of 254.22
feet toa mag nail found in concrete in the North margin of Interstate Highway 35, for the Southeast
corner of Lot 1 and the Southwest corner of Lot 2;
THENCE with the North margin of Interstate Highway 35 and the South line of Lot 1,
South 54 °21'23" West, a distance of 350.66 feet to the POINT OF BEGINNING and containing 1.824 acres
of land in Comal County, Texas,
Bearings shown hereon are based on the Texas Coordinate System, South Ce
Written January 21, 2020.
Reference urvey of said 1.824 A re Tra repared this same date.
C
1
Dorot y aylor
Registered Professioral Land Surveyor No. 6295 ' 10?/` f
SAMrojects1404 - Michael Morris1001 - 64.10 & 6420 IH South Zoning Services\M &B\M &B Lot I WML
ntra e' 4), NAD 83.
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... . ..............................
OROTHY J. TAYLOR
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