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24-S-145 Rezone Comal Property ID 75307ORDINANCE NO.24-S-145 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TO REZONE APPROXIMATELY 3.3 ACRES OF LAND FROM MANUFACTURING — LIGHT DISTRICT (M-1) TO SINGLE-FAMILY RESIDENTIAL DISTRICT (R-6), KNOWN AS COMAL COUNTY PROPERTY IDENTIFICATION NUMBER 75307, A PORTION OF THE PROPERTY ALSO KNOWN AS 7444 FM 482, CITY OF SCHERTZ, COMAL COUNTY, TEXAS. WHEREAS, an application for a request to rezone approximately 3.3 acres of land from Manufacturing — Light District (M-1) to Single -Family Residential District (R-6), known as Comal County Property Identification Number 75307, a portion of the property also known as 7444 FM 482, 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 zoning (the "Criteria"); and WHEREAS, on July 3, 2024, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to approve the requested zoning; and WHEREAS, on August 6, 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 to Single -Family Residential District (R-6) 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and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.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 day of 2024. � PASSED, APPROVED and ADOPTED ON SECOND READING, the1�day of 0�-Jt2024. CITY OF HER TEXAS Ral utie ro, Mayor ATTEST: Sheree Courney, Deputy City Secreta Exhibit "A" Metes & Bounds METES AND BOUNDS Tract 1 Being 1.352 acres more or less, out of the Rafael Garza Survey No. 98, Abstract 175, Comal County, Texas, and out of that 4.328 acres described in a Warranty Deed with Vendor's Lien recorded in Document No. 201506023730, Official Public Records of Comal County, Texas, said 1.352 acres being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found for the East comer of said 4.328 acres, same being the East corner of 1.976 acres surveyed this same date as Tract 3, same being the South corner of the Mark Jenschke 0.721 acres (Conveyed in Document No. 202306006590, Described in Document No. 202106028090) and on the northwest Right - of -Way of FM 482, same also being the POINT OF COMMENCEMENT; THENCE along the northwest Right -of -Way of said FM 482 the following courses and distances: South 29 degrees 16 minutes 21 seconds West (called South 29 degrees 43 minutes 43 seconds West), a distance of 430.99 feet to a Mag nail with washer stamped WALS set for the South corner of said Tract 3, same being the upper southeast comer of 1.000 acre surveyed this same date as Tract 2; South 29 degrees 16 minutes 21 seconds West (called South 29 degrees 43 minutes 43 seconds West), a distance of 37.14 feet to a 1/2 inch iron rod capped WALS set for the lower southwest corner of said Tract 2; North 61 degrees 01 minutes 22 seconds West (called North 60 degrees 34 minutes 00 seconds West), a distance of 44.41 feet to a 1/2 inch iron rod capped WALS set for the southeast comer of this 1.352 acres, same being the South corner of said Tract 2 and the POINT OF BEGINNING; THENCE continuing along the northwest Right -of -Way of said FM 482 the following courses and distances: North 61 degrees 01 minutes 22 seconds West (called North 60 degrees 34 minutes 00 seconds West), a distance of 47.89 feet to a 1/2 inch iron rod capped WALS set for an angle corner; South 28 degrees 58 minutes 38 seconds West (called South 29 degrees 26 minutes 00 seconds West), a distance of 50.00 feet to a 1/2 inch iron rod capped WALS set for an angle corner; South 16 degrees 01 minutes 22 seconds East (called South 15 degrees 34 minutes 00 seconds East), a distance of 106.70 feet to a 1/2 inch iron rod capped WALS set for an angle comer; South 28 degrees 58 minutes 38 seconds West (called South 29 degrees 26 minutes 00 seconds West), a distance of 33.37 feet (called 33.49 feet) to a 1/2 inch iron rod capped WALS set for the South corner of this 1.352 acres, same being the South corner of said 4.328 acres and the upper southeast corner of the Hollis Lee Wooldridge, et ux 12.00 acres (Volume 985, Page 240); THENCE along the lines common to this 1.352 acres and said Wooldridge 12.00 acres the following courses and distances: North 30 degrees 27 minutes 12 seconds West (called North 29 degrees 59 minutes 50 seconds West), a distance of 512.43 feet (called 512.46 feet) to a 1/2 inch iron rod found for the northwest corner of this 1.352 acres, same being the West comer of said 4.328 acres and an interior corner of said Wooldridge 12.00 acres; W:\Word\Metes and Bounds\123287 TRACT ]aloe Page 1 of 2 North 59 degrees 03 minutes 46 seconds East (called North 59 degrees 31 minutes 08 seconds East), a distance of 155.89 feet to a 1/2 inch iron rod capped WALS set for the North corner of this 1.352 acres, same being the northwest corner of said Tract 2; THENCE along the departing the northwest line of and severing said 4.328 acres, South 25 degrees 49 minutes 16 seconds East, a distance of 410.59 feet to the POINT OF BEGINNING, and containing 1.352 acres of land, more or less. I hereby certify that these field notes were prepared from an actual survey made on the ground under my supervision and are true and correct to the best of my knowledge and belief. A survey plat of the above described tract prepared this day is hereby attached to and made a part hereof. Bearings shown herein are based on actual GPS observations, Texas State Plane Coordinates, South Central Zone, Grid. Mark J. Ewald •••BUMLKW'� Registered Professional Land Surveyor � ao� r Texas Registration No. 5095 v •'••480 January 5, 2024 SU� W:\Word\Metes and Bounds\123287 TRACT Ldoc Page 2 of 2 METES AND BOUNDS Tract 2 Being 1.000 acre more or less, out of the Rafael Garza Survey No. 98, Abstract 175, Comal County, Texas, and out of that 4.328 acres described in a Warranty Deed with Vendor's Lien recorded in Document No. 201506023730, Official Public Records of Comal County, Texas, said 1.000 acre being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found for the East corner of said 4.328 acres, same being the East corner of 1.976 acres surveyed this same date as Tract 3 and the South corner of the Mark Jenschke 0.721 acres (Conveyed in Document No. 202306006590, Described in Document No. 202106028090), same also being on the northwest Right -of -Way of FM 482 and the POINT OF COMMENCEMENT, - THENCE along the northwest Right -of -Way of said FM 482, South 29 degrees 16 minutes 21 seconds West (called South 29 degrees 43 minutes 43 seconds West), a distance of 430.99 feet to a Mag nail set for the upper southeast corner of this 1.000 acre, same being the South comer of said Tract 3 and the POINT OF BEGINNING; THENCE continuing along the northwest Right-of-way of said FM 482 the following courses and distances: South 29 degrees 16 minutes 21 seconds West (called South 29 degrees 43 minutes 43 seconds West), a distance of 37.14 feet to a 1/2 inch iron rod capped WALS set for the lower southeast corner of this 1.000 acre; North 61 degrees 01 minutes 22 seconds West (called North 60 degrees 34 minutes 00 seconds West), a distance of 44.41 feet to a 1/2 inch iron rod capped WALS set for the South corner of this 1.000 acre, same being the southeast corner of 1.352 acres surveyed this same date as Tract 1; THENCE departing the northwest Right -of -Way of said FM 482 and severing said 4.328 acres, North 25 degrees 49 minutes 16 seconds West, a distance of 410.59 feet to a 1/2 inch iron rod capped WALS set for the northwest comer of this 1.000 acre, same being the North corner of said Tract 1 and on the upper southeast line of the Hollis Lee Wooldridge, et ux 12.00 acres (Volume 985, Page 240); THENCE along the line common to this 1.000 acre and said Wooldridge 12.00 acres, North 59 degrees 03 minutes 46 seconds East (called North 59 degrees 31 minutes 08 seconds East), a distance of 157.91 feet to a 1/2 inch iron rod capped WALS set for the North comer of this 1.000 acre, same being the West comer of said Tract 3; THENCE departing the northwest line of and severing said 4.328 acres the following courses and distances: South 11 degrees 08 minutes 02 seconds East, a distance of 388.94 feet to a 1/2 inch iron rod capped WALS set for an angle corner; South 23 degrees 28 minutes 03 seconds East, a distance of 63.53 feet to the POINT OF BEGINNING, and containing 1.000 acre of land, more or less. I hereby certify that these field notes were prepared from an actual survey made on the ground under my supervision and are true and correct to the best of my knowledge and belief. A survey plat of the above described tract prepared this day is hereby attached to and made a part hereof. Bearings shown herein are based on actual GPS observations, Texas State Plane Coordinates, South Central Zone, Grid. Mark J. Ewald Registered Professional Land Surveyor Texas Registration No. 5095 January 5, 2024 W:\Word\Metes and Bounds\123287 TRACT 2.doc Page 1 of 1 METES AND BOUNDS Tract 3 Being 1.976 acres more or less, out of the Rafael Garza Survey No. 98, Abstract 175, Coma] County, Texas, and out of that 4.328 acres described in a Warranty Deed with Vendor's Lien recorded in Document No. 201506023730, Official Public Records of Comal County, Texas, said 1.976 acres being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found for the East corner of this 1.976 acres, same being the East comer of said 4.328 acres and the South corner of the Mark Jenschke 0.721 acres (Conveyed in Document No. 202306006590, Described in Document No. 202106028090), same also being on the northwest Right -of -Way of FM 482 and the POINT OF BEGINNING; THENCE along the northwest Right-of-way of said FM 482, South 29 degrees 16 minutes 21 seconds West (called South 29 degrees 43 minutes 43 seconds West), a distance of 430.99 feet to a Mag nail set for the South corner of this 1.976 acres, same being the upper southeast comer of 1.000 acre surveyed this same date as Tract 2; THENCE departing the southeast line of and severing said 4.328 acres the following courses and distances: North 23 degrees 28 minutes 03 seconds West, a distance of 63.53 feet to a 1/2 inch iron rod capped WALS set for an angle corner; North 11 degrees 08 minutes 02 seconds West, a distance of 388.94 feet to a 1/2 inch iron rod capped WALS set for the West corner of this 1.976 acres, same being the North corner of said Tract 2 and on the upper southeast line of the Hollis Lee Wooldridge, et ux 12.000 acres (Volume 985, Page 240); THENCE along the line common to this 1.976 acres and said Wooldridge 12.00 acres, North 59 degrees 03 minutes 46 seconds East (called North 59 degrees 31 minutes 08 seconds East), a distance of 169.59 feet to a 1/2 inch iron rod found for the North corner of this 1.976 acres, same being the North corner of said 4.328 acres and on the southeast line of the Lorad Trust 5-06-2022 10.00 acres (Document No. 2022206023724), same also being the West corner of said Jenschke 0.721 acres; THENCE along the line common to this 1.976 acres and said Jenschke 0.721 acres, South 47 degrees 37 minutes 48 seconds East (called South 47 degrees 13 minutes 15 seconds East), a distance of 224.25 feet (called 224.27 feet) to the POINT OF BEGINNING, and containing 1.976 acres of land, more or less. I hereby certify that these field notes were prepared from an actual survey made on the ground under my supervision and are true and correct to the best of my knowledge and belief. A survey plat of the above described tract prepared this day is hereby attached to and made a part hereof. Bearings shown herein are based on actual GPS observations, Texas State Plane Coordinates, South Central Zone, Grid. dark J. 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