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23-S-10 FM 3009 ZC to NS- UpdatedORDINANCE NO. 23-S-10 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 1 ACRE OF LAND FROM SINGLE-FAMILY RESIDENTIAL DISTRICT (R-1) TO NEIGHBORHOOD SERVICES DISTRICT (NS), LOCATED APPROXIMATELY 600 FEET SOUTH OF THE INTERSECTION OF FM 3009 AND LIVE OAK ROAD, ALSO KNOWN AS GUADALUPE COUNTY PROPERTY IDENTIFICATION NUMBER 67544, CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS. WHEREAS, an application to rezone approximately 1 acre ofland from Single-Family Residential District (R-1) to Neighborhood Services District (NS), located approximately 600 feet south of the intersection of FM 3009 and Live Oak Road, 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 zone change (the "Criteria"); and WHEREAS, on April 12, 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 rezoning to Neighborhood Services District (NS); and WHEREAS, on May 9, 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 zoned Neighborhood Services District (NS) 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 tme, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted a<; a pa11 of the judgment and findings of the Council. Section 4. All ordinances and codes, or pai1s thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.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 6. 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 prov1s1on. Section 7. It is oflicially found, detennined, 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 5 51, as amended, Tex as Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. 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 Schet17: 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, t?e .£1_ th day of May 2023. ¢ PASSED, APPROVED and ADOPTED ON SECOND READING, th ed3._d ay of May, 2023 . ,TEXAS Tim ATTEST: ~lo~x N W E S PROJECT NUMBER DATE ISSUED: legal description ANLARR DESIGNS PHONE : 832 849 0048 WWW.ANLARR.COM FM 3 0 0 9 M E D I C A L O F F I C E SC H E R T Z ALL IDEAS, DESIGNS, ARRANGEMENTS AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE OWNED BY AND ARE THE PROPERTY OF THE DESIGNER. THEY HAVE BEEN CREATED, EVOLVED AND DEVELOPED FOR USE ON AND IN CONNECTION OF THE SPECIFIED PROJECT ONLY. NONE OF SUCH IDEAS, DESIGNS, ARRANGEMENTS OR PLANS SHALL BE USED BY OR DISCLOSED TO ANY PERSON, FIRM OR CORPORATION FOR ANY OTHER PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION OF THE DESIGNER. WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE RESPONSIBLE FOR INSTALLATION AND CONDITIONS ON THE SITE. DESIGNER MUST BE NOTIFIED OF ANY VARIATIONS FROM THE CONDITIONS SHOWN ON THESE DRAWINGS. 7207 REGENCY SQUARE BLVD. #225, HOUSTON , TX 77036 ZONING EXHIBIT LOCATION MAP1N.T.S.