25-S-009_7444 FM 482_SUP Nursery, MajorORDINANCE 25-S-009
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS TO APPROVE A SPECIFIC USE PERMIT TO ALLOW FOR A
NURSERY, MAJOR ON APPROXIMATELY 4.3 ACRES OF LAND
KNOWN AS COMAL COUNTY PROPERTY IDENTIFICATION
NUMBER 75307, ALSO KNOWN AS 7444 FM 482, CITY OF SCHERTZ,
COMAL COUNTY, TEXAS
WHEREAS, an application for a Specific Use Permit to allow for an operation of a
Nursery, Major located at 7444 FM 482, known as Comal County Property Identification Number
75307, more specifically described in the Exhibit A 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 February 5, 2025, the Planning and Zoning Commission conducted a
public hearing and, after considering the Criteria, made a recommendation to City Council to
approve the requested Specific Use Permit with conditions; and
WHEREAS, on March 4, 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 approved to allow a Nursery, Major conditioned upon the following occurring:
a) A building permit is approved within two years of the adoption of the Specific Use
Permit Ordinance
b) The applicant is not required to build an 8-foot masonry wall as required per Unified
Development Code Section 21.9.7.D.14.b.ii provided the applicant increases the
landscaping in the 20-foot buffer surrounding the property.
Section 2. 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 3. 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with any provision of this Ordinance are hereby repealed to the extent of such conflict, and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 4. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 5. 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 6. 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 suN ect
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 7. This Ordinance shall be effective upon the date of final adoption hereof and any
publication required by law.
Section 8. 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 and ADOPTED, this —f� day of CC-k2025.
Lou MINM
r�
�i!tie—,JP-'Mayor
ATTEST: (�
Sheree Courney, Deputy City Secretar
Exhibit "A"
Metes and Bounds
Survey
Exhibit "A": Metes and Bounds
METES AND BOUNDS
Being 4.328 acres, more or less, out of the Rafael Garza Survey No. 98, Abstract 175, Coma]
County, Texas, and being that same tract described in Warranty Deed with Vendor's Lien
recorded in Document No. 201506023730, Official Public Records of Comal County, Texas, said
4.328 acres being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found for the northeast corner of this 4.328 acres, same being
the South comer 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 F.M. 482,
same also being the POINT OF BEGINNING;
THENCE along the northwest Right -of -Way of said F.M. 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 468.13 feet to a 1/2 inch iron rod capped WALS set for an
exterior corner of this 4.328 acres;
North 61 degrees 01 minutes 22 seconds West (called North 60 degrees 34 minutes 00
seconds West), a distance 92.30 feet to a 1/2 inch iron rod capped WALS set for an interior
corner of this 4.328 acres;
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 interior
comer of this 4.328 acres;
South 16 degrees 01 minutes 22 seconds East (called South 15 minutes 34 minutes 00
seconds East), a distance of 106.70 feet to a 1/2 inch iron rod capped WALS set for an
exterior corner of this 4.328 acres;
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 comer of this 4.328 acres, same being an exterior comer of the
Hollis Lee Wooldridge, et ux 12.00 acres (Volume 985, Page 240);
THENCE along the lines common to this 4.328 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 West comer of this 4.328 acres, same being an interior corner of 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 483.39 feet (called 483.32 feet) to a 1/2 inch iron rod found for the North
comer of this 4.328 acres, same being on a southeast line of the Lorad Trust 5-06-2022 10.00
acres (Document No. 202206023724) and for the West corner of said Jenschke 0.721 acres;
THENCE along the line common to this 4.328 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
4.328 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.
OF ?,
Mark J.Ewald
MARK J. EWALD
Registered Professional Land Surveyor
°:°�°°°°°°°°°°'.
Texas Registration No. 5095
August 11, 2022
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