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10-S-29-UDC Amendment Reference to R-6 and R-7ORDINANCE NO. 10-5-29 AMENDING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF SCHERTZ, TEXAS RELATING TO CERTAIN ZONING MATTERS; REPEALING ALL ORDINANCES AND CODES OR PARTS OF ORDINANCES AND CODES IN CONFLICT WITH THIS ORDINANCE AND THE AMENDMENTS AUTHORIZED HEREIN; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance No. 10-5-06, the City Council of the City of Schertz, Texas (the "City) adopted an Amended and Restated Unified Development Code on April 13, 2010 (the "Current UDC"); WHEREAS, City Staff have recommended certain revisions to the Current UDC relating to R6 and R7 zoning; WHEREAS, the City Council has been presented with the proposed amendments to the Current UDC and finds that they are appropriate; and WHEREAS, all conditions precedent to implementing such amendments have been satisfied; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The Current UDC is hereby amended as follows: (a) Effective immediately upon the date of final adoption of Ordinance 10-5-29, no applications for changes in existing zoning classifications to R-6 or R-7 shall be accepted, considered, or approved by the City. The Planning and Zoning Commission shall not accept, consider, or act upon any such applications. (b) Property zoned R-6 or R-7 upon the date of final adoption of Ordinance 10-5-29 shall not be affected by paragraph (a) above. (c) References in the UDC to R-6 and R-7 zoning shall, upon the date of final adoption of Ordinance 10-5-29, be applicable only to properties zoned in such classifications on such date. The Table of Contents to the Current UDC, as revised herein, shall be updated to reflect such changes, and this amending Ordinance shall be noted on the cover of the revised UDC. 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. Ordinance 10-5-29.doc Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance or the Amended and Restated Unified Development Code authorized herein are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.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 bylaw. PASSED ON FIRST READING, the 21St day of September, 2010. PASSED, APPROVED and ADOPTED ON SECOND READING, the 28th day of September, 2010. r Mayor, City of Schertz, Texas ATTEST: City Secretary, City of chertz, Texas (Seal of City) Ordinance 10-S-29.doc -2-