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24-S-155 Amend Part III UDC Art. 4 Procedures and Applications and Art. 5-Zoning DistrictsORDINANCE NO.24-S-155 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TO AMEND PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 4 - PROCEDURES AND APPLICATIONS, AND ARTICLE 5 - ZONING DISTRICTS WHEREAS, pursuant to Ordinance No. 10-S-06, the City of Schertz (the "City") adopted and Amended and Restated Unified Development Code on April 13, 2010, as further amended (the "Current UDC"); and WHEREAS, City Staff has reviewed the Current UDC and have recommended certain revision and updates to, and reorganization of, the Current UDC; WHEREAS, on September 4, 2024, the Planning and Zoning Commission conducted a public hearing and, thereafter recommended approval; and WHEREAS, on October 15, 2024, the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the proposed amendments are appropriate and in the interest of the public safety, health, and welfare. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The current UDC is hereby amended as set forth on Exhibit A and Exhibit B hereto. 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and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.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. PASSED ON FIRST READING, the day o k'1/2024. CW�2024. �APPROVED and ADOPTED ON SECOND READING, the&dday of CITY OF CHERTZ, TEXAS RahllutiqOez, Mayor ATTE �0 11L Sheila Edmondson, City Secretary Exhibit "A" Proposed Unified Development Code (UDC) Amendments Article 4 — Procedures and Applications Sec. 21.4.6. Comprehensive Land Plan Amendment. A. Applicability. The Comprehensive Land Plan of the City reflects the long-term plan for growth and development of the City. The City Council may, from time to time, on its own motion, by request of the City Manager or his/her designee or by application from a property owner, amend, supplement, change, modify or repeal the text of the Comprehensive Land Plan or may amend the boundaries shown on the Future Land Use Map, Master Thoroughfare Plan or any other applicable maps contained in the Comprehensive Land Plan. Approved amendments to the Comprehensive Land Plan authorize a property owner to submit subsequent development applications consistent with the amendment. B. Application Requirements. 1. Application Required. Any request for an amendment to the Comprehensive Land Plan shall be accompanied by a completed Planning Department Development Application. 2. Accompanying Applications. Any request for amendment of the Future Land Use Map submitted by a property owner may be accompanied by an application for a zoning change consistent with requested Future Land Use Map amendment for land within the City limits, or by a Subdivision Master Plan, for land within the ETJ. Approval of an amendment to the Comprehensive Land Plan shall require all subsequent development applications to be consistent with the approved amendments. C. Processing of Application and Decision. 1. Submittal. An application for an amendment to the Comprehensive Land Plan shall be submitted to the Planning Department. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2 of this Article. The City Manager or his/her designee may, at its option, request a recommendation from any other City department or consultant. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the Planning and Zoning Commission for consideration. 2. Notification Requirements. An application for an amendment to the Comprehensive Land Plan requires the following notification in accordance with section 21.4.3 of this Article: a. Written notice prior to consideration by the Planning and Zoning Commission; and b. Published notice prior to consideration by the City Council. 3. Commission recommendation. The Planning and Zoning Commission shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 of this Article and make a written recommendation regarding a proposed amendment to the Comprehensive Land Plan to the City Council. The Planning and Zoning Commission may recommend approval, approval with conditions, or denial of the amendment. 4. Decision by City Council. The City Council shall receive the written recommendation of the Planning and Zoning Commission regarding a proposed amendment to the Comprehensive Land Plan and shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 of this Article. The City Council may vote to approve, approve with conditions, or deny the amendment. D. Criteria for Approval. The Planning and Zoning Commission, in making its recommendation, and the City Council, in considering final action on an amendment to the Comprehensive Land Plan, should consider the following criteria: 1. The proposed amendment promotes the health, safety, or general welfare of the City; (Supp. No. 8) Created: 2024-06-07 11:40:44 [EST] Page 1 of 2 2. An amendment to the text is consistent with the goals, objectives, and other policies of the Comprehensive Land Plan; 3. An amendment to the Future Land Use Map, Master Thoroughfare Plan or any other applicable maps contained in the Comprehensive Land Plan is consistent with the policies of the Comprehensive Land Plan that apply to the map being amended; 4. Any proposed amendment addresses circumstances that have changed since the last time the plan map or text was considered, implements plan policies better than the current plan map or text corrects a mapping error or addresses a deficiency in the plan; and 5. Other factors which, are deemed relevant and important in the consideration of the amendment. (Supp. No. 8) Created: 2024-06-07 11:40:44 [EST] Page 2 of 2 Sec. 21.4.7. Unified Development Code Amendment. A. Applicability. The provisions of this section apply to any request for an amendment to the text of this UDC. The City Council may, from time to time, on its own motion, or at the request of the City Manager or his/her designee, amend, supplement, change, modify or repeal the text of any portion of this UDC in order to establish and maintain sound, stable and desirable development within the jurisdiction of the City. The provisions of this section shall exclude amendments to any appendix which may be amended by general consent of the City Council. B. Application Requirements. Requests for amendments to the text of this UDC may be initiated by the request of the Planning and Zoning Commission, the City Council or the City Manager on his/her own initiative. A request for an amendment to the text of this UDC shall be accompanied by a completed Development Application. C. Processing of Application and Decision. 1. Submittal. An application for an amendment to the text of this UDC shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application and may direct the proposed amendment to any other City departments or consultant for review and recommendation. After appropriate review, the City Manager or his/her designee shall forward a recommendation to the Planning and Zoning Commission for consideration. 2. Notification Requirements. An application for an amendment to the text of this UDC requires published notice prior to consideration by the City Council. 3. Commission recommendation. The Planning and Zoning Commission shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 of this Article and make a written recommendation regarding a proposed amendment to the text of this UDC to the City Council. The Planning and Zoning Commission may recommend approval, approval with conditions, or denial of the amendment. 4. Decision by City Council. The City Council shall receive the written recommendation of the Planning and Zoning Commission regarding a proposed amendment to the text of this UDC and shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 of this Article. The City Council may vote to approve, approve with conditions, or deny the amendment. Such amendment shall be by ordinance, and the identifying number of any such ordinance shall be noted on the cover of this UDC. D. Criteria for Approval. The Planning and Zoning Commission, in making its written recommendation, and the City Council, in considering final action on an amendment to the text of this UDC, should consider the following criteria: 1. The proposed amendment promotes the health, safety, and general welfare of the City; 2. The proposed amendment is consistent with the goals, objectives, and policies of this UDC and the City; 3. The proposed amendment corrects an error, meets the challenge of changing conditions, or is in response to changes in state law; and 4. Other factors which are deemed relevant and important in the consideration of the amendment. Non -Substantive Amendments. Notwithstanding the other provisions of this section, the City Council may by resolution correct spelling or punctuation errors, cross-reference errors, and other matters herein determined by the City Attorney to be non -substantive without complying with the foregoing provisions of this section. The number of any such resolution shall be noted on the cover of this UDC. (Supp. No. 8) Created: 2024-06-07 11:40:44 [EST] Page 1 of 2 Sec. 21.5.4. Zoning Change. A. Applicability. 1. The City Council may, from time to time, on its own motion, by request of the City Manager or his/her designee, or by application from a property owner, establish or amend the boundaries shown on the Official Zoning Map of the City. A zoning change is required to establish the use of land and the development associated with the proposed zoning classification for the purpose of establishing and maintaining sound, stable and desirable development within the City. 2. Approval of a zoning change authorizes a property owner to submit subsequent development applications consistent with the amendment. Application Requirements. Application Required. Any request for a zoning change shall be accompanied by an application and zoning exhibit prepared in accordance with the Development Manual. 2. Accompanying Applications. A request for a zoning change may be accompanied by an application for amendment of the Future Land Use Map or by a Subdivision Master Plan. Approval of a zoning change shall require all subsequent development applications to be consistent with the approved amendments. Tax Certificate Required. All applications made as a request for a zoning change shall be accompanied by a copy of a Tax Certificate. C. Processing of Application and Decision. 1. Submittal. An application for a zoning change shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee may, at its option, request a recommendation from any other City Department or consultant. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the Planning and Zoning Commission for consideration. 2. Notification Requirements. An application for a zoning change requires the following notification in accordance with section 21.4.3: a. written notice prior to consideration by the Planning and Zoning Commission; and b. published notice prior to consideration by the City Council. C. posted notice prior to consideration by the Planning and Zoning Commission and prior to consideration by the City Council. 3. Commission Recommendation. The Planning and Zoning Commission shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 and make a written recommendation regarding a proposed zoning change to the City Council. The Planning and Zoning Commission may recommend approval, approval with conditions, or denial of the zoning change. The Planning and Zoning Commission may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the recommendation to the City Council. 4. Decision by City Council. The City Council shall receive the written recommendation of the Planning and Zoning Commission regarding a proposed zoning change and shall hold a public hearing in accordance Created: 2024-06-07 11:40:44 [EST] (Supp. No. 8) Page 1 of 3 with the Texas Open Meetings Act and section 21.4.4. The City Council may vote to approve, approve with conditions, or deny the zoning change. The City Council may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the final decision. Consideration of a Previously Denied Zoning Change. A request for a zoning change for a tract of land shall not be considered by the Planning and Zoning Commission or the City Council within six (6) months after the Council's decision to deny the request unless the request is to a different zoning classification or there has been a substantial change in the conditions surrounding the parcel since the initial request. For the purpose of this section, a request may be considered substantially different if the change is to a different zoning classification, there is a change in conditions relating to zoning principles of the property or surrounding properties or there is a change in the nature of the development of the property or surrounding properties. The City Manager or his/her designee shall have the authority to determine whether the request is substantially different from the initial request. D. Criteria for Approval. The Planning and Zoning Commission, in making its recommendation, and the City Council, in considering final action on a zoning change, should consider the following criteria: 1. Whether the proposed zoning change implements the policies of the adopted Comprehensive Land Plan, or any other applicable adopted plans; 2. Whether the proposed zoning change promotes the health, safety, and general welfare of the City. 3. Whether the uses permitted by the proposed change will be consistent and appropriate with existing uses in the immediate area; 4. Whether other factors are deemed relevant and important in the consideration of the amendment. E. Protests. 1. If a proposed zoning change is protested in accordance with this section, the proposed change must receive, in order to take effect, the affirmative vote of at least three -fourths (%) of all members of the City Council according to LGC, Local Government Code § 211.006(d). The protest must be written and signed by the owners of at least twenty percent (20%) of either: The area of the lots or land covered by the proposed zoning change; or b. The area of the lots or land immediately adjoining the area covered by the proposed zoning change and extending 200 feet from that area. In computing the percentage of land area under section 21.5.4.E.1 above, the area of streets and alleys shall be included. 3. In determining property ownership under section 21.5.4.E.1 above, the property owner shall be the owner as indicated on the most recently approved municipal tax roll, unless the property has been bought or sold since the last approved municipal tax roll. The City Manager or his/her designee determines property ownership in the above -mentioned municipal tax roll from the County Appraisal District. (Supp. No. 8) a. if a property has recently been purchased and the County Appraisal District has not updated their public records to reflect the now current property owner, the new property owner must submit proof of ownership with their written protest to demonstrate ownership for the protest to be counted under section 21.5.4.E.1. b. In the event of a conflict in property ownership, the City Manager or his/her designee shall determine who the owner of the property is for the purposes of calculating written protest. Created: 2024-06-07 11:40:44 [EST] Page 2 of 3 C. The written protest will only be counted if signed by the owner of the property. Written protests from tenants or lessees will not be counted toward the written protest calculations under section 21.5.4.E.1. 4. The following deadlines apply to the receipt and calculation of written protest: a. First Reading. Written protest must be received before noon (12pm) on the Friday before the first reading of the proposed zoning change ordinance by the City Council, in order to be included in the calculation of written protest described by section 21.5.4.E.1. b. Second Reading. Written protest must be received before noon (12pm) on the Friday before the second reading of the proposed zoning change ordinance by the City Council, in order to be included in the calculation of written protest described by section 21.5.4.E.1. C. Written protest received prior to the First Reading deadline will also be included in the Second Reading written protest calculation. d. In calculating the written protest described by section 21.5.4.E.1., only the most recent written protest received prior to the deadline above will be counted per property. e. In the event a federal, state, or local holiday prevents staff from receiving votes on the Friday before the City Council reading, the deadline will be extended to noon (12pm) on the next business day. (Ord. No. 17-5-42, § 1(Exh. A), 10-24-2017; Ord. No. 18-5-04, § 1(Exh. A), 1-23-2018; Ord. No. 23-5-78, § 1(Exh. A), 11-14-2023) (Supp. No. 8) Created: 2024-06-07 11:40:44 [EST] Page 3 of 3 Exhibit "B" Proposed Unified Development Code (UDC) Amendments Article 5 — Zoning Districts Sec. 21.5.4. Zoning Change. A. Applicability. 1. The City Council may, from time to time, on its own motion, by request of the City Manager or his/her designee, or by application from a property owner, establish or amend the boundaries shown on the Official Zoning Map of the City. A zoning change is required to establish the use of land and the development associated with the proposed zoning classification for the purpose of establishing and maintaining sound, stable and desirable development within the City. 2. Approval of a zoning change authorizes a property owner to submit subsequent development applications consistent with the amendment. B. Application Requirements. 1. Application Required. Any request for a zoning change shall be accompanied by an application and zoning exhibit prepared in accordance with the Development Manual. 2. Accompanying Applications. A request for a zoning change may be accompanied by an application for amendment of the Future Land Use Map or by a Subdivision Master Plan. Approval of a zoning change shall require all subsequent development applications to be consistent with the approved amendments. 3. Tax Certificate Required. All applications made as a request for a zoning change shall be accompanied by a copy of a Tax Certificate. C. Processing of Application and Decision. 1. Submittal. An application for a zoning change shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee may, at its option, request a recommendation from any other City Department or consultant. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the Planning and Zoning Commission for consideration. 2. Notification Requirements. An application for a zoning change requires the following notification in accordance with section 21.4.3: a. written notice prior to consideration by the Planning and Zoning Commission; and b. published notice prior to consideration by the City Council. C. posted notice prior to consideration by the Planning and Zoning Commission and prior to consideration by the City Council. 3. Commission Recommendation. The Planning and Zoning Commission shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 and make a written recommendation regarding a proposed zoning change to the City Council. The Planning and Zoning Commission may recommend approval, approval with conditions, or denial of the zoning change. The Planning and Zoning Commission may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the recommendation to the City Council. 4. Decision by City Council. The City Council shall receive the written recommendation of the Planning and Zoning Commission regarding a proposed zoning change and shall hold a public hearing in accordance Created: 2024-06-07 11:40:44 [EST] (Supp. No. 8) Page 1 of 3 with the Texas Open Meetings Act and section 21.4.4. The City Council may vote to approve, approve with conditions, or deny the zoning change. The City Council may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the final decision. 5. Consideration of a Previously Denied Zoning Change. A request for a zoning change for a tract of land shall not be considered by the Planning and Zoning Commission or the City Council within six (6) months after the Council's decision to deny the request unless the request is to a different zoning classification or there has been a substantial change in the conditions surrounding the parcel since the initial request. For the purpose of this section, a request may be considered substantially different if the change is to a different zoning classification, there is a change in conditions relating to zoning principles of the property or surrounding properties or there is a change in the nature of the development of the property or surrounding properties. The City Manager or his/her designee shall have the authority to determine whether the request is substantially different from the initial request. D. Criteria for Approval. The Planning and Zoning Commission, in making its recommendation, and the City Council, in considering final action on a zoning change, should consider the following criteria: 1. Whether the proposed zoning change implements the policies of the adopted Comprehensive Land Plan, or any other applicable adopted plans; 2. Whether the proposed zoning change promotes the health, safety, and general welfare of the City. 3. Whether the uses permitted by the proposed change will be consistent and appropriate with existing uses in the immediate area; 4. Whether other factors are deemed relevant and important in the consideration of the zone change. E. Protests. 1. If a proposed zoning change is protested in accordance with this section, the proposed change must receive, in order to take effect, the affirmative vote of at least three -fourths (%) of all members of the City Council according to LGC, Local Government Code § 211.006(d). The protest must be written and signed by the owners of at least twenty percent (20%) of either: The area of the lots or land covered by the proposed zoning change; or b. The area of the lots or land immediately adjoining the area covered by the proposed zoning change and extending 200 feet from that area. In computing the percentage of land area under section 21.5.4.E.1 above, the area of streets and alleys shall be included. 3. In determining property ownership under section 21.5.4.E.1 above, the property owner shall be the owner as indicated on the most recently approved municipal tax roll, unless the property has been bought or sold since the last approved municipal tax roll. The City Manager or his/her designee determines property ownership in the above -mentioned municipal tax roll from the County Appraisal District. (Supp. No. 8) a. If a property has recently been purchased and the County Appraisal District has not updated their public records to reflect the now current property owner, the new property owner must submit proof of ownership with their written protest to demonstrate ownership for the protest to be counted under section 21.5.4.E.1. b. In the event of a conflict in property ownership, the City Manager or his/her designee shall determine who the owner of the property is for the purposes of calculating written protest. Created: 2024-06-07 11:40:44 [EST] Page 2 of 3 C. The written protest will only be counted if signed by the owner of the property. Written protests from tenants or lessees will not be counted toward the written protest calculations under section 21.5.4. E.1. 4. The following deadlines apply to the receipt and calculation of written protest: a. First Reading. Written protest must be received before noon (12pm) on the Friday before the first reading of the proposed zoning change ordinance by the City Council, in order to be included in the calculation of written protest described by section 21.5.4.E.1. b. Second Reading. Written protest must be received before noon (12pm) on the Friday before the second reading of the proposed zoning change ordinance by the City Council, in order to be included in the calculation of written protest described by section 21.5.4.E.1. C. Written protest received prior to the First Reading deadline will also be included in the Second Reading written protest calculation. d. in calculating the written protest described by section 21.5.4.E.1., only the most recent written protest received prior to the deadline above will be counted per property. e. In the event a federal, state, or local holiday prevents staff from receiving votes on the Friday before the City Council reading, the deadline will be extended to noon (12pm) on the next business day. (Ord. No. 17-5-42, § 1(Exh. A), 10-24-2017; Ord. No. 18-5-04, § 1(Exh. A), 1-23-2018; Ord. No. 23-5-78, § 1(Exh. A), 11-14-2023) (Supp. No. 8) Created: 2024-06-07 11:40:44 [EST] Page 3 of 3 Sec. 21.5.11. Specific Use Permit (SUP). A. Applicability. Specific Use Permits allow for discretionary City Council approval of uses with unique or widely varying operating characteristics or unusual site development features, subject to the terms and conditions set forth in this UDC. These uses and the districts where they may be located are listed in Table 21.5.8. Certain uses located within the AICUZ zone require an SUP. Approval of a Specific Use Permit authorizes a property owner to submit subsequent development applications consistent with the approved SUP. B. Application Requirements. 1. Application Required. Any request for a Specific Use Permit (SUP) shall be accompanied by an application and SUP exhibit prepared in accordance with the Development Manual. 2. Tax Certificate Required. All applications made as a request for a Specific Use Permit shall be accompanied by a copy of a Tax Certificate. C. Processing of Application and Decision. Submittal. An application for a Specific Use Permit shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee may, at its option, request a recommendation from any other City Department or consultant. The City Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or his/her designee shall forward a written recommendation to the Planning and Zoning Commission for consideration. Notification requirements. An application for a Specific Use Permit requires the following notification in accordance with section 21.4.3: Written notice prior to consideration by the Planning and Zoning Commission; and b. Published notice prior to consideration by the City Council. Commission Recommendation. The Planning and Zoning Commission shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4 and make a written recommendation regarding a proposed Specific Use Permit to the City Council. The Planning and Zoning Commission may recommend approval, approval with conditions, or denial of the SUP. The Planning and Zoning Commission may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the recommendation to the City Council. 4. Decision by City Council. The City Council shall receive the written recommendation of the Planning and Zoning Commission regarding a proposed Specific Use Permit and shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4. The City Council may vote to approve, approve with conditions, or deny the SUP. The City Council may, on its own motion or by request of the property owner, postpone consideration of the request to a certain date that is not more than thirty (30) calendar days after the date of the current consideration in order to review additional information or modifications which may have a direct bearing on the final decision. D. Criteria for Approval. The Planning and Zoning Commission, in making its recommendation, and the City Council, In considering final action on a Specific Use Permit, should consider the following criteria: 1. The proposed use at the specified location is consistent with the policies of the adopted Comprehensive Land Plan, or any other applicable adopted plans. (Supp. No. 8) Created: 2024-06-07 11:40:45 [EST] Page 1 of 2 2. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations; 3. The proposed use is compatible with and preserves the character and integrity of adjacent developments and neighborhoods. 4. The proposed use will not adversely affect the overall health, safety or general welfare of the City; S. Whether other factors are deemed relevant and important in the consideration of the Specific Use Permit. E. Conditions. The Planning and Zoning Commission, in making its recommendation, and the City Council, in considering final action, may require such modifications in the proposed use and attach such conditions to the Specific Use Permit as deemed necessary to mitigate adverse effects of the proposed use and to carry out the spirit and intent of this section. Conditions and modifications may include but are not limited to limitation of building size or height, increased open space, limitations on impervious surfaces, enhanced loading and parking requirements, additional landscaping, curbing, sidewalk, vehicular access and parking improvements, placement or orientation of buildings and entryways, buffer yards, landscaping and screening, signage restrictions and design, maintenance of buildings and outdoor areas, duration of the permit, hours of operation, and requiring a site layout. F. Expiration of Specific Use Permit. A Specific Use Permit shall expire if any of the following occurs: 1. A building permit, if necessary, for the use has not been approved within two (2) years after the approval of the SUP; 2. A building permit approved as a result of the approval of the SUP expires within two (2) years after the approval of the SUP; 3. The use has been abandoned or discontinued for a period of time exceeding six (6) months; or 4. The SUP expires in accordance with its terms. (Ord. No. 18-5-04, § 1(Exh. A), 1-23-2018; Ord. No. 23-5-07, § 1(Exh. A), 3-14-2023) (Supp. No. 8) Created: 2024-06-07 11:40:45 [EST] Page 2 of 2 RESOLUTION NO. 24-R-134 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PUBLIC LIBRARY INTERLOCAL AGREEMENT WITH GUADALUPE COUNTY, TEXAS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council (the "City Council") of the City of Schertz (the "City") has determined that it is in the best interest of the City to enter into a Public Library Interlocal Agreement with the Guadalupe County, Texas (the "County"), permitting the citizens of the County to utilize the services of the City's public library; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Public Library Interlocal Agreement with Guadalupe County in substantially the form set forth on Exhibit A. 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 Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution 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 Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution 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 Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this day of , 2024 CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Sheila Edmonson, City Secretary (CITY SEAL) Exhibit "A" Interlocal Agreement STATE OF TEXAS § COUNTY OF GUADALUPE § 100-630-800.4945 PUBLIC LIBRARY INTERLOCAL AGREEMENT BETWEEN GUADALUPE COUNTY AND THE CITY OF SCHERTZ This Public Library InterLocal Agreement, effective as of the date of final execution (hereinafter referred to as "Agreement"), is between Guadalupe County (hereinafter referred to as "County"), Texas, and the City of Schertz, (hereinafter referred to as "City"), Texas. WHEREAS, the City has an established public library and has for several years provided free public library services to all citizens of the County residing in or near the City by informal agreement with the County; and WHEREAS, the County and the City have determined to enter into this Agreement relating to the provision of free public library services (hereinafter referred to as "Library Services"), to the citizens of the County, and to set out the purposes, terms, rights, objectives, duties, and responsibilities of the County and the City with respect thereto; and WHEREAS, the County and the City have determined that the provision of the Library Services is a public purpose and within their statutory powers of government; and WHEREAS, the County and City are political subdivisions of the State of Texas, and are authorized to execute this Agreement pursuant to Texas Government Code 791.001 et. seq. as amended, and Local Government Code Section 323, as amended (the "Act"). NOW, THEREFORE, the County and the City, acting by and through their duly authorized officers, hereby covenant and agree as follows: I. Purpose 1. The City agrees that the established library of the City shall assume the functions of a county library within the County, all as permitted by the Act. 2. The Librarian of the City's established library holds a county librarian's certificate from the Texas Library and Archives Commission, as required by the Act. 3. All public library facilities, books, reading material, and other equipment in the possession of the City's library shall be equally accessible to all residents of the County during the term of this Agreement. 4. All public library facilities, books, reading material, and other equipment currently owned by the City of acquired for use in its established public library during the term of this Agreement shall remain the property of the City. II. Term and Renewal This agreement shall be for a term commencing with effective date of this Agreement through and including October 1, 2024 to September 30, 2025 (the "Initial Term"), unless either party to this Agreement notifies the other parry in writing that it wishes to terminate this Agreement. Such notice shall Noe - 1 - of Two PaoPc be provided not less than thirty (30) days prior to the end of the Initial Term or any Renewal Term. III. Consideration 1. In consideration of the City's provision of the Library Services during the Initial Term, the county agrees to pay the City a monthly sum of $19,834.17 (Nineteen Thousand, Eight Hundred Thirty- four Dollars and 17/100) on the 15fl' day of each month following the effective date of this Agreement. 2. The County and the City agree that the monthly amount payable by the County to the City shall be determined by good faith negotiations between the County and City and that such amount shall be determined not less than thirty (30) days before the end of the Initial Term and each Renewal Term. IV. Authorization The governing bodies of the County and the City have duly authorized this Agreement. V. Severability If any portion of this Agreement shall be declared illegal or held unenforceable for any reason, for remaining portions hereof shall continue in full force and effect. VI. Amendments This agreement represents the complete understanding of the County and the City with respect to the matters described herein, and this Agreement may not be amended or altered without the written consent of both parties. IN WITNESS WHEREOF, the undersigned have entered into the Public Library InterLocal Agreement, effective as stated herein. GUADALUPE COUNTY, TEXAS By: Kyle Kutscher Guadalupe County Judge CITY OF SCHERTZ, TEXAS By: Steve Williams City Manager ATTEST By: Teresa Kiel Guadalupe County Clerk Date: ATTEST By: Sheila Edmondson City Secretary Date: Page - 2 - of Two Pages