Loading...
19-S-11 Specific use permit to allow automotive repairORDINANCE NO. 19 -S -11 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TO APPROVE A SPECIFIC USE PERMIT TO ALLOW FOR OPERATION OF AN AUTOMOTIVE REPAIR, MAJOR LAND USE AT 6485 I11-35, CITY OF SCHERTZ, COMAL COUNTY, TEXAS. WHEREAS, an application for Specific Use Permit to allow an Automotive Repair, Major land use at 6485 IH -35, more particularly described in Exhibit A attached hereto and incorporated herein by reference, as Lot 2 of the Shefman - Schuetz Subdivision, (hereinafter, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.1I.E. provides for certain conditions 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 "Conditions "); and WHEREAS, on February 13, 2019, the Planning and Zoning Commission conducted a public hearing and, after considering the Conditions, hereby makes a recommendation of approval of a Specific Use Permit for an Automotive Repair, Major land use; and WHEREAS, on March 12, 2019, the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested Specific Use Permit be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. A Specific Use Permit for 6485 IH -35, more particularly described in the attached Exhibit A, is hereby approved to allow an Automotive Repair, Major land use conditioned upon the following occurring: a) A building permit is approved within one year of the adoption of this ordinance; and b) The use begins operation within two years of the issuance of the necessary building permit(s). 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and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.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. Approved on first reading the 12th day of March, 2019. PASSED, APPROVED AND ADOPTED on final readi L01' day of March, 2019. R. Carpenter, Mayor ATTEST: Exhibit A "The Property" a ZBL f Xl'S133Nn72f8 .M3N LOO'SZ£ ='ON 1O3C.Old Nf9NNNF Hlncs ss w saro m o _ 118IHX3 dne loZ F W 213nHOS -N` VU3HS 6 LOZ A"nNv1 :3-Lva I I Z 0 Of F-- - y1'j O W W Qg gg�3 0 �e L1 a' (t1 a cn LLI y / c L4 y C., 3 LU � °Z a U Q¢ Z Vail ¢5J¢ � _ C0 D CL i U ry W 6 f W Q. S U T 2 R bey �n I Z 0 Of F-- - y1'j O W W Qg gg�3 0 �e L1 a' (t1 a cn LLI c L4 y C., 3 w aN _a o_ Of - y1'j O W W i ON a00.u¢i z � d L1 a' (t1 a cn LLI w aN _a o_ Of n- J ° Q w U z S ° z O1- ° w LLI W- ^qJ � I W - � °Z a U Q¢ Z Vail ¢5J¢ � D CL i U ry W 6 f W Q. S U T 2 R w aN _a o_ 1 � I - � RE o� t V o ¢ 6 a 6 iga ,V I I � 3rd i q. I m w aN _a o_ Nf5, if a _,o 0 CD a 8 0 0 (S) s 8 < ID 0 P < I fig Ml 1L It R t jo P 21 %52 21 F kkk Tl� L Y-L'SI-LANnv�ia MON 'Hinos SE HI S;849 NV'ld 311S z.Lo-i z13nHDS-NVW=13HS Nf5, if a _,o 0 CD a 8 0 0 (S) s 8 < ID 0 P < I fig Ml 1L It R t jo P 21 %52 21 F kkk Tl� ,� \ ,y \ y \ I W� Ry t °� Ry m M N to y O�tp. ��, tiJ Ry Rw OA R \ y R R W) M D x� o� o N W Z Qy N O m U N N L U U) O C O m 3 N m U O M O IL N r� N L � j U �N W Z� < J O UJ -�-�� vJ /_/^� U L\ z_ LJ ir O �N� a W a O V rn Ir-1 > N Cc N N F- J Uzb5 V I 7 U� 5E� Lo m J ♦ ° ° y \ w ' y O�tp. ��, tiJ Ry Rw OA R \ y R R W) M D x� o� o N W Z Qy N O m U N N L U U) O C O m 3 N m U O M O IL N r� N L � j U �N W Z� < J O UJ -�-�� vJ /_/^� U L\ z_ LJ ir O �N� a W a O V rn Ir-1 > N Cc N N F- J Uzb5 V I 7 U� 5E� 0 o114 rS d all D Q J Y \ \ \ O \ © 6h A A � A • � \ r \ e (1'e • / 1 Y w J 0 �a ' 2