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24-S-142 SUP Convenience Store 4.33-acres Maske Rd-FM 1518ORDINANCE NO.24-S-142 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 4.33 ACRES OF LAND, LOCATED AT THE INTERSECTION OF MASKE ROAD & E FM 1518, ALSO KNOW AS GUADALUPE COUNTY PROPERTY ID: 64548, CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS. WHEREAS, an application for a Specific Use Permit to allow for an operation of a convenience store with gas pumps on approximately 4.33 acres of land, located at the intersection of Maske Road and E FM 1518, more specifically described in the Exhibit A 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 June 5, 2024, 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 with conditions; and WHEREAS, on July 2, 2024, 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, 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and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.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, thV day of ' 24. n.1 PPROVED and ADOPTED ON SECOND R FADING, th/ day of 024. • V AT I Sheila Edmonds n, City Secretary Exhibit "A" Metes & Bounds Specific Use Permit Exhibit GUADALUPE COUNTY CLERK - DOCUMENT NUMBER 202199013110 PAGE: 3 OF 3 Exhibit "A": Metes & Bounds irMW NOTES FOR 443$ ACRES OUT OF THE TORIBIO HSRRIBRA LEAOIJE NUMBER 88, ABSTRACT NUMBER 1n GUADAi.UPE COUNTY, TEEXAS, BEING OUT OP A 24ABS ACRE TRACT WHICH IS TFtAT SAME CERTAIN 2a.000 ACRE TRACT RECORDED IN VOLUME 4255, PACE 5g4 OF THE OFFICIAL. PUBLIC RECORDS OF WADALUPE COUNTY, TEXAS, SAVE AND MMEPT THAT PORTION CONVEYED IN VOLUME 4101, PAGE 727 OF THE OFFICIAL PUBLIC RECORDS 1 OFGUADALUPE COUNTY, TEM. AND BENG MORE PARTICULARLY DESCRIBED 8Y MSS AND BOUNDS AS 0. FOLLOWS: BE-GINNtN4: At a taund W Iron rod atthe south end of the wdeting ad wok Ilse jolatm the Ong north tt hl: of way Me of P.M. Hwy.1618 (Bd' wee public rift of wq) andlhe odsting southeast fight ofway One ortua*ka Road (variable width pultlfc right of way), hwAV Taxes State Bain gild coordinates of NM13,7=86,87 / y acid Ea2,193,270.W, South Central Tone, Ow sots comer hereof; THENCE: North 0i°81'48` West 70.7i' with the e3dsdng cuWmrk fine to a iolxrd W Iran rod In f on thg south t Ohl otway Ihm of NAske Road, ft west corner hereof, P T HENCe. forth OMW East 38.51' whir the soul mot tight of way line of Mask* Road Od s ddle In pavement THENCE: Saudi 30°21'S11 East 1&D0' vdth the sortheast right of way 1te$4i�AhWAI a a f�� Ion rod: THENCE: North 58°38W East 361.74' wish the southeast right of r rG of tioad fllrsrdd W Imn rod stamped "GIBBONS", fho north darner ofihis trod; I THENCE: South $P4419W Fast 374.611' to a s@t W Iron �S' �dFr"d corner or thfa f ract THENCE: South 26-1fr40' Walt 878.3Y to a sd'6" a v 1he ararementfoned nartll right of way One: of F.M. Hwy. 1618, theO m , the sougmw comer of thle tact THENCE: With the north ►fght of way One et Uy, O a to the right (carve to the northew% having a radius of 2824.79, a of 03° 813 , an of 182.71' and a chord bearing North BPta1.3'?A" West to 8 WO tad P THENCE: Nw1h 63044W Wes! of 4vay One of F.M. Hwy_ 1318 to 2w POINT OF BEOINNING or this air( 9Bf gq seQ tract In Ouaddupe Comity, r'rorae. nWSE AELD NOTES 1 SUR' SPARED FROM AN ACTVAL SURVEY MAM ON THE GROUND BY EMPLOYEES OF Cal P�%AM MW WMKFNG WDER MY SUPERti ION ANa DIRE=ON. 202199013110 I certify this ins t ECTRONICALLY FILED and RECORDED in ICIAL PUBLIC RECORDS of Guadalupe Cou as on 04/19/2021 02. 5M PAGES: 3 JEANNE TERESA KI UNTY CLERK 1181HX311WN3d 3Sf1 3Id133dS 4 - CZL1Ilrowl os�uwisorvvn Nurtzz - YIIGIWIN P• PSigL ANX31'A1Nnoo 3dmvcrvnE)'MUMS 011 ONUInSNOO 9ONM33NION3 k gist WAN aN 3)ISW Nmomm0S � NOLLVIS SVC UNV 1IV131d 3NSVW p x W 4 / / I I I I I I I I I I I I I I j I ,I � e i I •J I, ®0 .. } t[[•[I pI0 �Ug9�{� 9�9g I �ilisl I [[ I aq I I I I I II f I i Al t � v MD.. 3sro3ta