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23-S-12 SUP Convenience Store 4.2 acres of land (2)ORDINANCE 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: IfI85 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and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.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. 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 o 23. SSED, APPROVED and ADOPTED ON SECOND READING, theLday of Y",--1023. A L� Sheila Edmondson, City Secretary Exhibit "A" Property Description a $ 1 19 ', € Fj"� ` \ : sa•. .1i R^� r.`.f§ 5 �. ..i f a '� a, . oi PU mo ou C t §0 � .♦ yp {y� i.`"� P<Pbi��nT< ONtKa vmv Ab P!??5 OO1 W b.Oj H N Gs29g. wp� Y yy p.. K�W2ZK <3Y Mc Hc� Y tp AA`1.�H., Zy Omw Y— 0 y� \i iii .i H—oz �"bmS I ��f � K22KmOi bm Z[m" w TC TN myb� y0 m zavHD "bA woN C � t>o � y H Nmz2m N(q p z A I o o AnxmH z s ONo H 2.9 10 �m�osl�1qq l XA Cy fp �x WYN w ., O5, m u a Yd 3 12. z F �m NPH m M5a Exhibit "B" Property Depiction �' b, • D 615 0000 40 pp R�pi mz�, \ 1 ��\ 88 mm c� XXr---IlF1 K �0011 00 / . y ism AA'� ` ` � • 4 Q 'o 1 z r \ ON O z ♦f V , 0000 00, 00 1 1 C SE A O rn � '', • I tl\ ;-G Y Z 2 I6 li ap i$�3E�zoSagaz� i �Z � C r�}�m cAm`� 1 �� e � � t• 11 �G1 dE n3C .li ; H� T �Ul Ili 5 i 1 � 9�y�z s e ' n �e