Loading...
23-S-04 Rezoning 87 Acres to GB-2 IH-10-FM 1518ORDINANCE NO.23-S-04 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 87 ACRES OF LAND TO GENERAL BUSINESS DISTRICT II (GB-2), GENERALLY LOCATED APPROXINIATELY 4,000 FEET WEST OF THE INTERSECTION OF 1H 10 ACCESS ROAD AND FM 1518, ALSO KNOWN AS BEXAR COUNTY PROPERTY IDENTIFICATION NUMBER 619249, ALSO KNOWN AT 12625 IH 10E, CITY OF SCHERTZ, BEXAR COUNTY, TEXAS WHEREAS, an application to rezone approximately 87 acres of land generally located approximately 4,000 feet west of the intersection of 1H 10 Access Road and FM 1518 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 February 8, 2023, the Plainvng and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to approve the requested rezoning to General Business District H (GB-2); and WHEREAS, on March 7, 2023, 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. NOW THEREFORE, BE IT RESOLVED 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 General Business District II (G13-2). 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and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.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 Schcrtz 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. PASSED ON FIRST READING, the 70'day of March 2023. PASSED, APPROVED and ADOPTED ON SECOND READING, the 28'h day of March, 2023. CITY OF SCHER J /-, TEXAS Ral uti�z, Mayor ATTEST Sheila Edmondson, City Secretary Doc# 20210259184 09/17/2021 8:06AM Page 3 of 6 Lucy Adame-Clark, Bexar County Clerk Exhibit A: Metes and Bounds Exhibit A to Special Warranty Deed LEGAL DESCRIPTION A 86.74 Acre tract of land situate in the Joseph Peasley Survey No. 318, Abstract No. 584, County Block 5084, Bexar County, Texas, said 86.7 4 acre tract being the same Thomas J. Hammond Irrevocable Trust UAD 1/31/92 called 86.776 acre tract, recorded in Volume 13114, Page 2230, Official Public Records of Bexar County, Texas (OPR), said 86. 74 acre tract being more particularly described by metes and bounds as follows: COMMENCING at a found TXDOT monument on the northern right-of-way (ROW) of I-H 10 at centerline station 578+ 18.28 at the end of a curve, from which a found TXDOT monument on the northern ROW of I-H 10 bears N68°20' 11 "E, a distance of 174.18 Feet, for reference; THENCE in a westerly direction along the northern ROW of I-H 10, by a curve to the left, having an arc length of 6.32 feet, a radius of 2,899.90 feet, a central angle of 00°07'30", and a chord bearing and distance of S68° 18'04"W for 6.32' to a set 1/2" iron rod with plastic cap stamped "KFW SURVEY" for the southwestern corner of the 1518 Land Investments, LP called 1.476 acre tract, the southeastern corner of this tract and the POINT OF BEGINNING; THENCE continuing in a westerly direction along the southern boundary of this tract, the northern ROW of I-H 10, the three following courses and distances: 1. by a curve to the left, having an are length of 423.95 feet, a radius of 2,899.90 feet, a central angle of 08°22'35", and a chord bearing and distance of S64°03'02"W for 423.57' to a found TXDOT monument; 2. S59°52'13"W, a distance of 210.71 Feet to a found TXDOT monument; 3. S68°19'25"W, a distance of 960.31 Feet to a point for the southwestern corner of this tract, the southeastern corner of the remainder of the Raymond Rappmund and Irene Rappmund called 58 acre tract, recorded in Volume 4253, Page 78, Deed Records of Bexar County, Texas (DR); THENCE, N60°33'27"W, along the southwestern boundary of this tract, the northeastern boundary of said 58 acre tract, passing through a found 1" iron pipe at a distance of 0.80 feet, for a total distance of 1,226.06 Feet to a found 1/2" iron rod with no identification for a western corner of this tract, a southern corner of the Betty Brice called 5.514 acre tract, recorded in Volume 6843, Page 1406, OPR; THENCE, N29°27'35"E, along a northwestern boundary of this tract, the southeastern boundary of said 5.514 acre tract, the southeastern boundary of Lot 2 and Lot 3 of Hilltop Ventures Subdivision, recorded in Volume 9505, Page 133, Deed and Plat Record of Bexar County, Texas (DPR), a distance of 742.01 Feet to a found 1/2" iron rod with no identification for an interior corner of this tract, the southeastern corner of said Lot 3; THENCE, N24-3T18"W, along the western boundary of this tract, the eastern boundary of said Lot 3, a distance of 3 61.8 8 Feet to a found iron pipe with no identification for the northwestern Doc# 20210259184 09/17/2021 8:06AM Page 4 of 6 Lucy Adarne-Clark, Bexar County Clerk comer of this tract, the eastern comer of said Lot 3, the southwestern corner of Lot 4 of said Hilltop Ventures Subdivision; THENCE, along a northwestern boundary of this tract, the four following courses and distances: 1. N43°00'44"E, along the southeastern boundary of said Lot 4, a distance of 248.02 Feet to a found 1/2" iron rod with no identification for the eastern corner of said Lot 4, the southern comer of Lot 5 of said Hilltop Ventures Subdivision; 2. N42058'19"E, along the southeastern boundary of Lot 5, a distance of 540.10 Feet to a found 1/2" iron rod with no identification for the eastern comer of said Lot 5, the southern comer of Lot 6 of said Hilltop Ventures Subdivision; 3. N42°54'56"E, along the southeastern boundary of said Lot 6, a distance of 410.35 Feet, to a point for the eastern corner of said Lot 6, the southern corner of Lot 7 of said Hilltop Ventures Subdivision, from which a found fence post bears N00°07'39"E, a distance of 0.43 Feet for reference; 4. N43°30'17"E, along the southeastern boundary of said Lot 7, a distance of 388.10 Feet to a found 1" iron pipe for the northeastern comer of this tract, the southeastern comer of said Lot 7, the southern corner of Lot 8 of said Hilltop Ventures Subdivision, the southwestern corner of Lot 30, Block 3, of the Schertz Forest Subdivision, Unit 3, recorded in Volume 9589, Page 146, DPR, the northwestern corner of said Lot 29, Block 3, of said Schertz Forest Subdivision; THENCE, along the eastern boundary of thus tract, the four following courses and distances: 1. S30°39'53"E, along the western boundary of said Lot 29, a distance of 500.57 Feet to a found 1/2" iron rod with plastic cap stamped "CEC" for the southwestern corner of said Lot 29, the northwestern corner of Lot 28, Block 3, of said Schertz Forest Subdivision; 2. S30°36'36"E, along the western boundary of said Lot 28, a distance of 385.75 Feet to a set 1/2" iron rod with plastic cap stamped "KFW SURVEY" for the southwestern corner of said Lot 28, the northwestern comer of the NAJDS Property Investments, Inc., called 20 acres, recorded in Document No. 20190188301, OPR; 3. S30°31'45"E, along the western boundary of said 20 acres, the western boundary of the 1518 Land Investments, LP called 60.920 acre tract, recorded in Volume 14133, Page 194, OPR, a distance of 981.93 Feet to a found 1/2" iron road with no identification for the southwestern corner of said 60.920 acre tract, the northwestern corner of said 1.4 7 6 acre tract; 4. S29°39'59"E, along the western boundary of said 1.4 76 acre tract, a distance of 554.82 Feet to the POINT OF BEGINNING. '" "'r-•9 . --IKT aw SVX31 XINnOO &vxg8 Z1213HOS r "N A Z-80 01 8J QNV V-d Pvo&:d 1S3nb32! 30NVHO 3NOZ } x Q Inv(31IS OV:FS'99) O6 HI 3 SZ9ZL r i m a `n `° o �IQQ; _.� • • a n -6 IL n a _ � (g(p o f - ; m •gym+ Q f $ s ~� r y J � Wd�m � c c � ' Om`rON VA LLY �fnN J ' �° c �. o c Y a' \ m Q Q 6 U C a m NNry c m VOa i r' 4_- 1 \\\�, - .' _` 'y '•+ s'. i �'' _ _ � z bap 0 - `CID i m _1 1-7 L, ..��� •F F n" 'per L C a U gCg � It� pT� ryG✓Im umim EYm i1F 3 s v a'S I -'► \ , It �� ! ma U�nc13 Q 2 a el LU i'� r t ( 1- r1'u O h s � � a O � K N N � � a J V N a U U U Z w T w w W n w w Z. 'Y q J H a ry R b N c 4 S 0 N kIdd-d-d-11-121d L O � R �\ �5oo x \1 Z cr cr O Z LU z 3 O cc o: W Q. O o: d cr w ca m 17 ^1 V N a a a a d a ^ a �C 6-i— acc 0) 00a O OCO 0 ¢°crcszaae ¢ aaaaaaa a d 4 �+ m m m eF rn m v m� Lr Or:nnnnnn �y T T M M R1 m m Rl N N y r1 ei •i 'i rl Y Y OTy .m-i .Ti .mi O V n n Y d m Y Y m Y Y m U a m d a p o f a0 aO1o•m o>>>>>>o�> aaoo 0 00 00 0 N N m m y v v v a v v y� Y v W N m N N rn m N N m m N N m rn 0 0 o 0 0 0 0 0 0 >o— N N 10 N N N C N >> >> > 7 7 D 7 > > > > --- C C Y Y C Y wm w vm v m c a — w N a' C> Y N C Y mvvv_v_vat N N L C Y Y N 10 C C u Y N 10 C L Y Y y •y •y n n a a c� a„ w m v w d u w d u ¢ m m o 0 0 0 0 0� 10 •EE EEEvivvvv E Nv E•E E E•E b b b » Y b d v b b b b b b eo oo eo O oo� mmm— mmm C C C C C C L C C C C N N E iA m N W T VI N i%1 N N i%1 C Y :i U V U U od LL LL a' VNl N ✓Ni YNf Z z « > > > > > > > Y M ,5 p 6 u p 0 0 0 0 0 YV Yu N N p ID w K m p p m a o O O U V r o S S S S 0 S S S S a Z z z Z z d a 'a 0 33 Q) a a Q m m m m m m m g a m z a s a¢ Q a a a a ¢ ¢ ¢ U' l7 uaiivaivaivoovai m:a i ua m°� wouoi vaim� m m n Alr m o r m o n n N o n r o� n n m m n r m m r m r 00 m � 00 m n n a0 m r n r rjr r r r r r r g r O r r r r r Igu����z u CI CI CI D CI W U U a U U U Q N N oN N N N N N Q cc m > Z 7 Q N z � > T O O O O O O O W W VJf N rl 'i rl ei �„� N •i Z LL W Q x J y~j O U Y O O O N m 33Y'3=o�00�ooud N N N N N NQ p M n 1!N a a o a 1-Q O N m O O N N m m m C1 0 N N W '00.1 Cl N m-I r } Q U ? J m w m J J J W W z333 W W r a t K Q � N Q N N N S N Za / W W W jZ- W J W > W w 3 w O W W tN ; t; t; t; t; t; N W Z Z m J N m m m N �mzzzzz z¢ z z z z z z� z�oaU�aloaoJo� z z E a o��� a o ozy55555g-��mW�mmm0 w O m m m m m m a a u w u u CWJ p¢ _ o m m m m 0 0~� 000 N ti •i .-I f� 1� �D n O O O •i N r1 'i CO o°�mmm r T M m mmrnmmmmmm M M M M N N n n n r aoao 1� n n n m N T N t0 r m O1 O I --d i---- L-- .n•1 .�•I T N N