25-S-003 Rezone 20 acres GB, AD, PRE to Residential R-5 Eckhardt RoadORDINANCE 25-S-003
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS TO REZONE APPROXIMATELY 20 ACRES OF LAND FROM
GENERAL BUSINESS DISTRICT (GB), AGRICULTURAL DISTRICT
(AD), AND PRE -DEVELOPMENT DISTRICT (PRE) TO MIDDLE
DENSITY RESIDENTIAL DISTRICT (R-5), MORE SPECIFICALLY
KNOWN AS 5524 ECKHARDT ROAD, ALSO KNOWN AS A PORTION OF
COMAL COUNTY PROPERTY IDENTIFICATION NUMBERS 75449
AND 78233, CITY OF SCHERTZ, COMAL COUNTY, TEXAS
WHEREAS, an application for a request to rezone approximately 20 acres of land from
General Business District (GB), Agricultural District (AD), and Pre -Development District (PRE)
to Middle Density Residential District (R-5), more specifically known as 5524 Eckhardt Road, also
known as a portion of Comal County Property Identification Numbers 75449 and 78233, City of
Schertz, Comal County, Texas, 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 December 4, 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 January 7, 2025, 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, is hereby zoned Middle Density Residential District (R-5).
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, APPROVED and ADOPTED on this - day o �Gcl
625.
CITY OF rS ,TEXAS
Ral utie , Mayor
AT T:
Sheila Edmonds n, City Secretary
Exhibit "A"
Property Metes and Bounds
Exhibit "A" Metes and Bounds
C=110-�
D o�'MOMYE R
LAND
METES ANT) BOUNDS DESCRIPTION
FOR A
6.855 ACRE TRACT
.BEING 6.855 ACRES OF LAND (CALLED TRACT 1), SITUATED IN THE JOHN
NOYES SURVEY NO. 259, ABSTRACT NO. 430, COMAL COUNTY, TEXAS, AND
BEING ALL OF THAT SAME CERTAIN CALLED 6.855 ACRE TRACT OF LAND,
AS CONVEYED TO BUTTRUM CONSTRUCTION, INC., AND RECORDED IN
DOCUMENT NO. 202106033785, OF THE OFFICIAL PUBLIC RECORDS OF
COMAL COUNTY, TEXAS, AND SAID 6.855 ACRE TRACT OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a %" iron rod found on the Southeasterly R.O.W. line of Interstate Highway 35,
(a Variable. Width R.O.W.), being the Northeast corner of a 20.00 acre tract, as conveyed to
Buttrum Construction, Inc., and recorded in Document No. 202106061190, of the Official Public
Records of Comal County, Texas, also being the Northwest corner of said 6.855 acre tract and
the Northwest corner of this herein described tract;
THENCE along the Southeasterly R.O.W. line of said Interstate Highway 35 and the
Northwesterly Iine of said 6.855 acre tract, N 54420'32" E, a distance of 22.05 feet to a %" iron
rod sct with a yellow plastic cap stamped "DAM #5348 PROP. COR." for the Northeast comer
of said 6.855 acre tract, also being the Northwest corner of a 1.00 acre tract, called Tract 2, as
conveyed to Buttrum Construction, Inc., and recorded in Document No. 202106033785, of the
Official Public Records of Coma] County, Texas, the Northeast comer of the herein described
tract;
T14ENCE departing the Southeasterly R.O.W. line of said Interstate Highway 35 and along the
common line of said 6.855 acre tract and said 1.00 acre tract, S 10152'03" E, a distance of
379.57 feet to a ''/z" iron rod set with a yellow plastic cap stamped "DAM #5348 PLOP. COIL."
for the Southwest corner of said 1.00 acre tract and N 54°19'57" E, a distance of 174.73 feet to a
'/2" iron rod set with a yellow plastic cap stamped "DAM #5348 PROP. COR." for the Southeast
corner of said 1.00 acre tract, the Southwest line of a called 0.61 acre tract, as conveyed to Mario
Saldana, and recorded in Document No. 201606034689, of the Official Public Records of Comal
County, Texas, a Northeasterly corner of said 6.855 acre tract and of the herein described tract;
THENCE along the common line of said 6.855 acre tract with said 0.61 acre tract and a called
8.00 acre tract, as conveyed to Adan Morales, and recorded in Document No. 201806034342, of
the Official Public Records of Corral County, Texas, S 25°2622" E, a distance of 913.88 feet to
a Yz" iron rod found on the North line of a 69.82 acre tract, as conveyed to Beth Wetz and Brian
Keith Wetz, and recorded in Document No. 201406013314, of the Official Public Records of
Coma] County, Texas, the Southeast corner of said 6.855 acre tract and of the herein describer)
tract,
Exhibit "A" Metes and Bounds
THENCE along the common line of said 6.855 acre tract and 69.82 acre tract, S 54010'39" W, a
distance of 450.41 feet to a'/z" iron rod found in the Southeast line of said 20.00 acre tract, also
being an interior corner of said 69.82 acre tract, for the Southwest corner of said 6.855 acre tract
and of the herein described tract;
T14ENCE along the common line of said 6.855 acre tract and 20.00 acre tract, N W5214" W, a
distance of 1371.54 feet to the POINT OF BEGINNING and containing 6.855 acres of land.
Bearings based on the Texas State Plane Coordinate System; Texas South Central Zone (4204),.
North American Datunn 1983.
Exhibit prepared this the 29th day of November, 2023.
-u�
Drew A. Mayer r
Registered Professional Land Surveyor No. 5348 .r.���
g- y E.,...... 5�8 ...
TBPLS Firm Registration 910191500
5151 W. St146, NEW BRAUNFELS, TX 78132 � :°xasW4�
SC:H05E EGKHARnT--6.955 ACRES SAM,t6
2
Exhibit "A" Metes and EEds]
D*A*MAWYER
;! ANP SURVEYING-�--�
METES AND BOUNDS DESCRIPTION
FOR A
20.00 ACRE TRACT
BEING 20.00 ACRES OF LAND SITUATED IN THE C.M. GARAGAN SURVEY
NO. 258, ABSTRACT NO. 182 AND THE JOHN NOYES SURVEY NO. 259,
ABSTRACT NO. 430, COMAL COUNTY, TEXAS, AND BEING ALL OF THAT
SAME CERTAIN CALLED 20.00 ACRE TRACT OF LAND, AS CONVEYED TO
BUTTRUM CONSTRUCTION, INC., AND RECORDED IN DOCUMENT NO.
202106061190, OF THE +OFFICIAL PUBLIC RECORDS OF COMAL COUNTY,
TEXAS, AND SAID 20.00 ACRE TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a rnag nail found on a TxDot Type III monument at the Northerly end of the cut
back corner of the intersection of Eckhardt Road and Interstate Highway 35, (a Variable Width
R.O.W.), being the Northwest corner of this herein described tract of land;
THENCE along the Southeasterly R.O.W. line of said. Interstate Highway 35 and the
Northwesterly line of said 20.00 acre tract; N 54°20' 32" E, a distance of 542.40 feet to a fa" iron
rod found for the Northeast corner of said 20.00 acre tract, also being the Northwest comer of a
6.855 acre tract, called Tract 1, as conveyed to Buttrum Construction, Inc,, and recorded in
Document No. 202106033785, of the Official Public Records of Comal County, Texas, the
Northeast corner of the herein described tract;
THENCE departing the Southeasterly R.O.W. line of said Interstate Highway 35 and along the
common line of said 20.00 acre tract and said 6.855 acre tract, S 10a52'34" E, at a distance of
1371.54 feet passing a %" iron rota found for the Southwest corner of said 6.855 acre tract, and
continuing on for a total distance of 1471.55 feet to a mag nail set for the Southeast corner of
said 20.00 acre tract, also being a point in the North line of a 69.82 acre tract, as conveyed to
Beth Wetz and Briars Keith Wetz, and recorded in Document No. 201406013314, of the Official
Public Records of Conial County, Texas, the Southeast corner of the herein described tract;
THENCE along the common line of said 20.00 acre tract and 69.82 acre tract, S 54°19'40" W, a
distance of 688.36 feet to a 'fg" iron rod found for the Southwest corner of said 20.00 acre tract,
also being a point in the East R.O.W. line of said Eckhardt Road, the Northwest corner of said
69.82 acre tract and the Southwest corner of the herein described tract;
Exhibit "A" Metes and Bounds
THENCE along the common line of said 20.00 acre tract and said East R..O.W. line of Eckhardt
Road, N 08°30'20" W, a distance of 1423.59 feet to a'A" iron rod set with a yellow plastic cap
stamped "DAM #5348 PROP. COR." at the Southerly end of a cut back corner of the
intersection of Eckhardt Road and Interstate Highway 35, for a Northwesterly corner of said
20.00 acre tract and of the herein described tract,
THENCE along said cut back corner, N 22446'21" E, a distance of 132.77 feet to the POINT OF
BEGINNING and containing 20.00 acres of land.
Bearings based on the Texas State Plane Coordinate System, Texas South Central Zone (4204),
North Arnelr,can Datum 1983.
Exhibit prepared this the 29th day of November, 2023.
5
_ '•�
Drew A: Mawyer ....—
Registered Professional Land Surveyor No. 5348-9opcss `off
TOPLS Firm- Registration #10i91$00 � ��;�•........•'; Al
�
5151 w. srr 46, New sRAt1rrFELs, Tx 78132
BC: H058 ECK HARDT -20.00 ACRES
2
Exhibit "A" Metes and Bounds
C�Mlvw-�
DAMAWYER
^h Y L{�V111:5fi
,.L. tr .`i ,'!,i F�L . 9y<'.� _.. -.__yam
METES AND BOUNDS DESCRIPTION
FOR A
1.00 ACRE TRACT
BEING 1.00 ACRE OF LAND (CALLED TRACT 2), SITUATED IN THE JOHN NOYES
SURVEY NO.259, ABSTRACT NO.430, COMAL COUNTY, TEXAS, AND BEING ALL OF
THAT SAME CERTAIN CALLED 1.00 ACRE TRACT OF LAND, AS CONVEYED TO
BUTTRUM CONSTRUCTION, INC., AND RECORDED IN DOCUMENT NO.
202106033785, OF THE OFFICIAL PUBLIC RECORDS OF COMAL COUNTY, TEXAS,
AND SAID 1.00 ACRE TRACT OF LAND BEING MORE PARTICULARLY DE
SCRff3E1J
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 'fs" iron rod found on the Southeasterly R.O.W. litre of Interstate highway 35, (a
Variable Width R.O.W.), being the Northwest corner of a called 0.61 acre tract, as conveyed to Mario
Saldana, and recorded in Document No. 201.606034689, of the Official Public Records of Coma] County,
Texas, the Northeast corner of said 1.00 acre tract and of the herein described tract;
THENCE departing the Southeasterly R.Q.W. line of said Interstate Highway 35 and along the common
lute of said 1.00 acre tract and said 0.61 acre tract, S 25°2342" E, a distance of 350.18 feet to a Y2" iron
rod set with a yellow plastic cap stamped "DAM #5348 PROP. COR." for a Northeasterly earner of a
6.855 acre tract, called Tract 1, as conveyed to Buttrum Construction, Inc., and recorded in Document No.
202106033785, of the Official Public Records of Coma] County, Texas, the Southeast comer of said 1.00
acre tract and of the herein described tract,
THENCE along the common line of said 1.00 acne tract and said 6.855 acre tract, S 54019'5r W, a
distance of 174.73 feet to a Vs' iron rod set with a yellow plastic cap stamped "DAM ##5348 PROP,
COR." for the Southwest corner of said 1.00 acre tract and N 10°52'03" W, a distance of 379.57 feet to a
VF' iron rod set with s yellow plastic cap stamped "DAM #5348 PROP. COR." on die Southeasterly
R.O.W. line of said Interstate Highway 35, being the Northeast corner of said 6.855 acre tract, the
Northwest corner of said 1.00 acre tract and of the herein described tract;
THENCE along the Southeasterly R.O.W. line of said Interstate Highway 35, N 54°20'05" E, a distance
of 77.97 feet to the POINT OF BEGINNING and containing 1.00 acre of land.
Bearings based on the Texas State Plane Coordinate System, Texas South Central lone (4204), North
American Datum 1983.
Exhibit prepared this the 29th day of November, 2023.
Of
Dre,.• A, Ma►Nyer r
Registered Professional Land Sum eyor No. 5348 `" "�' A,r�V+W1i
TBPLS Firm Registration # 10191500 "<...... $'"
5151 W. SH 46, NEW BRAUNFELS, TX 78132
RCt1458 F.CKIIARDT-1.00 ACRE FIB f s ''• -..<,•
Exhibit `B"
Zoning Exhibit
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