23-S-12 SUP Convenience Store 4.2 acres of landORDINANCE NO.23-S-12
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS TO APPROVE A SPECIFIC USE PERMIT TO
ALLOW FOR OPERATION OF A CONVENIENCE STORE WITH GAS
PUMPS ON APPROXIMATELY 4.2 ACRES OF LAND, LOCATED AT
THE INTERSECTION OF NORTH GRAYTOWN ROAD & IH 10,
ADDRESS: 11'185 IH 10 E, ALSO KNOW AS BEXAR COUNTY
PROPERTY ID: 619232, CITY OF SCHERTZ, BEXAR COUNTY, TEXAS.
WHEREAS, an application for a Specific Use Permit to allow for an operation of a
convenience store with gas pumps on approximately 4.2 acres of land, located at the intersection
of North Graytown Road & IH 10, address: 11185 IH 10 E, 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 Specific Use Permit
(the "Criteria"); and
WHEREAS, on May 10, 2023, 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; and
WHEREAS, on June 6, 2023, 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 approved to allow a convenience store with gas pumps
conditioned upon the following occurring:
a) A building permit is approved within two years of the adoption of the
Specific Use Permit Ordinance
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with any provision of this Ordinance are hereby repealed to the extent of such conflict,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.
Exhibit "A"
Property Description
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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
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 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 ON FIRST READING, the 'day oQX23.
SSED, APPROVED and ADOPTED ON SECOND READING, theLL'0--day of
023.
CITY OF13CHEUZ, TEXAS
Ad4-
R "Uez, Mayor
A
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Sheila Edmondson, City Secretary