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24-S-140 Rezoning 1-acre PRE to R-A Bexar County ID: 308497
ORDINANCE NO. 24-S-140 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 1 ACRE OF LAND FROM PRE -DEVELOPMENT DISTRICT (PRE) TO SINGLE-FAMILY RESIDENTIAL/ AGRICULTURAL DISTRICT (R-A), KNOWN AS BEXAR COUNTY PROPERTY IDENTIFICATION NUMBER 308497, MORE SPECIFICALLY KNOWN AS 11639 VOGES PASS, SCHERTZ, BEXAR COUNTY, TEXAS. WHEREAS, an application to rezone approximately 1 acre of land from Pre -Development District (PRE) to Single -Family Residential/ Agricultural (R-A), known as Bexar County Property Identification Number 308497, more specifically described as 11639 Voges Pass, 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 June 5, 2024, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council of approval; and WHEREAS, on July 2, 2024, 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 Single -Family Residential/ Agricultural District (R-A) 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and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.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. PASSED ON FIRST READING, the 2„d of July 2024. A .D APPROVED and ADOPTED ON SECOND READING the (—" of 2024. CITY OF .HE . TEXAS Ral ttie Mayor ATT Sheila Edmondson, City Secretary Exhibit "A" Property Description- Metes and Bounds/ Survey Exhibit "A": Property Description- Metes and Bounds / Survey CELLO SURVEYING R� 101amm TEL830-214-5109 SURVEY PLAT • —5 BASIS OF BEARING IS THE TEXAS STATE PLANE COORINATE SYSTEM, HAD 83, CENTRAL ZONE. SCALE 30' FEET WIDE ROAD EASEMENT AS RECORDED IN VOLUME 2860, PAGE 1594. 1� = 100.DEED RECORDS, BEXAR COUNTY, TEXAS. (DOES NOT AFFECT THIS TRACT) ELECTRIC TRANSMISSION EASEMENT AS RECORDED IN VOLUME 2611, PAGE 139, VOLUME 2861, PAGE 229 AND VOLUME 866, PAGE 247. DEED RECORDS, SEXAR COUNTY, TEXAS. (BLANKET EASEMENT --DOES AFFECT THIS TRACT) EASEMENT TO SOUTHWESTERN BELL TELEPHONE COMPANY AS RECORDED IN VOLUME 2889, PAGE 753, DEED RECORDS, BEXAR COUNTY, TEXAS. (DOES NOT AFFECT THIS TRACT) PUBLIC UTILITY EASEMENT TO CITY OF SAN ANTONIO AS RECORDED IN VOWME 2861, PAGE 302. DEED RECORDS, BEXAR COUNTY, TEXAS. 0.991 ACRES (DOES NOT AFFECT THIS TRACT) I WATER LINE EASEMENT AS RECORDED IN VOLUME 5001, PAGE 174, VOLUME 2840, PAGE 1682, AND VOLUME 2714, PAGE 901, DEED RECORDS, BEXAR COUNTY, TEXAS. (BLANKET EASEMENT --DOES AFFECT THIS fI TRACT) HARVEY MAYER DOC. NO. 20130238542 muqo oomlar ADDRESS: 11639 VOLES PASS, CIBOLO, TEXAS NOTE: THIS PROPERTY CANNOT BE LEGALLY SOLD UNTIL IT HAS BEEN APPROVED BY THE CITY AND/OR COUNTY AS AN APPROVED SUBDIVISION PLAT, AND FILED OF RECORD WITH THE COUNTY CLERK. THE SALE OF THIS PROPERTY OTHERWISE MAY RESULT IN CRIMINAL AND/OR CIVIL SANCTIONS AND MAY PREVENT BUILDING AND/OR SEPTIC PERMITS FROM BEING GRANTED. 18018 OVERTOOK LOOP, SUITE 105 UNIT 239 SAN ANTONIO, TEXAS 78WO wws.z % a1 0 manama LEGEND o - IRON ROD SET POB — POINT OF BEGINNING —X— = WIRE FENCE 0 = POWER POLE C = GUY WIRE ANCHOR f = O/H POWERLINE 6 - TELEPHONE RISER ® - MAIL BOX © = 12" CULVERT lsy LEGAL DESCRIPTION: SEE EXHIBIT A' ATTACHED HERETO AND MADE A PART HEREOF. CATEGORY IA CERTIFICATION THE UNDERSIGNED DOES HEREBY CERTIFY TO THE PARTIES LISTED BELOW THAT THIS SURVEY SUBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS SOCIETY OF PROFESSIONAL SURVEYORS MANUAL OF PRACTICE REQUIREMENTS FOR A CATEGORY 1A, TSPS LAND TITLE SURVEY. BUYER: NAYROBI ROSARIO GONZALEZ TPPLE CO:DOMA G.F.#: 14795-22-00716 LENDER: N/A PLAN No.:2022-0464 SURVEY DATE: MAY 17, 2022 GEORGE E. LUCAS ............................. 9 4160 �4 ' 9_7 1. "E S 510iCL" E. LUCAS—R.P.LS. 41W Exhibit `B" Zone Change Exhibit W I� Z Ld ry 0. D C) O M = y IB � 6 11V N zp Db� o� V IY 00 a � M Oa W In :Ba a ep g�$a� IMP _ ill! a alp'. 4�a�8 9 5 4 5T� cu 1 ��a � - �agag V €€ui