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16-S-03 - Rezone approximately 2.1 acres of land from planned unit development to planned development district PDDORDINANCE NO. 16 -S -03 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 2.1 ACRES OF LAND FROM PLANNED UNIT DEVELOPMENT TO PLANNED DEVELOPMENT DISTRICT (PDD). WHEREAS, a Planned Development District was approved by City Council by the passage and approval of Ordinance No. 07 -S -17; and WHEREAS, an application for a revision to the Planned Development District (the "rezoning application ") affecting 2.1 acres of land described in the Exhibit "A" and Exhibit `B" (herein, the "Property ") has been filed with the City; and WHEREAS, Unified Development Code Section 21.5.4.D., provides for certain general conditions to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in taking final action on a rezoning application, and Unified Development Code Section 21.5.10.F., provide for certain specific criteria to be considered by the Planning and Zoning Commission in making recommendations on an application for Planned Development District rezoning (collectively the "Conditions and Criteria "); and WHEREAS, on January 13, 2016, the Planning and Zoning Commission conducted a public hearing and, after considering the Conditions and Criteria, made a recommendation of approval of the rezoning application the development standards set forth in Exhibit C (the "Development Standards "); and WHEREAS, on February 2, 2016 the City Council conducted a public hearing and after considering the Conditions and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as stipulated herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Planned Development District (PDD) approved by Ordinance No. 07 -S- 17, is hereby revised as to the Property described in the attached Exhibit "A" and Exhibit `B ", as provided in Exhibit "C ". 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. The Exhibits referenced in the Recitals are attached hereto and incorporated herein for all purposes. Section 5. 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 7. This Ordinance is not severable. Section 8. 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 9. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 10. 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. Approved on first reading the 2nd day of February, 2016. PASSED, APPROVED AND ADOPTED on final re n th 9th y of February, 2016. is ael R. Carpenter, Mayor ATTEST: f► L— n n)-., A Brener Dennis, City Secretary (SEAL OF THE CITY) Exhibit A "The Property" Exhibit B " I ne Vroperty n it waw n Al a'xe r•m i -eJ A .. u a a ~ . - KChf£ LL' ICJHLL a�FLVZ. iliE :.� f rx..a r.ru 4 v t_ t' t,in � ' aa az.r. y2, n_wa cr�.a�¢_.tsn E� d /NEnvinee>•e G INTERSTATE HM 36 N VERDE BUSINESS PARK UNIT 11 LOT 7, BLOCK 13 I" sCM1+R terns REZONING EXHIBIT Exhibit C "The Development Standards" The subject property will develop in accordance with the regulations of Ordinance 07-S- 14A except that Article IV is amended as follows: IV. AMENDMENTS TO COMMERCIAL AREA DEVELOPMENT STANDARDS A.1 Building Setback All buildings shall have a setback of at least twenty feet (20') from a perimeter lot line of property outside of the PUD. [7.9A (c)].