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Ord 1394 02/28/2023 CUP 4164 Lower Seguin RdOF C ....,,,,,,,,,,",,,;,Neo o TeXP "City of Choice" ORDINANCE NO: AN ORDINANCE APPROVING A CONDITIONAL USE PERMIT FOR 1.791 ACRES OF REAL PROPERTY ; LOCATED AT 4164 LOWER SEGUIN ' ROAD TO ALLOW FOR A MANUFACTURED HOME; DECLARING COMPLIANCE WITH APPLICABLE STATE AND LOCAL LAWS; INCORPORATING RECITALS; REPEALING ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND DECLARING AN EFFECTIVE: DATE. WHEREAS, Texas Local -Government Code Section 211.004 :provides that zoning regulations and district boundaries must be adopted in accordance with a duly adopted Comprehensive Plan; and WHEREAS, Texas Local Government Code Section 211.002 authorizes the City of Cibolo ("City"), as a home=rule municipality, to adopt, repeal or amend zoning district boundaries in order to promote the public health, safety and general welfare of the City; and. WHEREAS, the subject property of this Conditional Use Permit ("CUP") is located within a Low Density Single -Family Residential (SF -2) Zoning District; and WHEREAS, the Use Table set forth: in Section 13.1 of Appendix A of the Code of :Ordinances for the City of Cibolo, also known as the Unified Development Code ("UDC"), allows a Manufactured Home as a permitted use within that zoning district upon approval of a CUP for same; and WHEREAS, the City of Cibolo has received a valid and completed application from Mr. Ryan and Kelsey Popham to request a CUP for. 1.791 acres: of real .property located on 4164 Lower Seguin Road to allow for a Manufactured Home on the subject property; and WHEREAS, :two public hearings were held to discuss the rezoning to the real property described herein; with the first public hearing being conducted by the Planning & Zoning Commission on February 8, 2023, in the Cibolo City Hall and the second public hearing being conducted by City Council on February 14, 2023, in the Cibolo City Hall; each being conducted for the purpose of providing all interested persons the opportunity to be heard concerning the proposed CUP to allow :a Manufactured Home on the subject property.; comprised of 1.791 acres as described herein and further. depicted in Exhibit. "A" hereto; and WHEREAS, legal notice notifying the public of both public hearings on the property proposed to be rezoned, was posted on the City's official website and published in the Seguin Gazette, a newspaper of general circulation in the City of Cibolo; and 1 7362/8 #285314.2 WHEREAS,: written notice of the aforementioned public -hearings before the Planning & Zoning Commission and the City Council were sent to each owner of real property within 200 feet of the subject property of this.CUP, as indicated on.the most recently approved municipal tax roll of the City of Cibolo, in accordance with applicable state and local law; and WHEREAS, on February 8, 2023, the Planning and Zoning Commission, after due consideration of the. requested CUP, including all matters listed in Section 4.3.2 of the UDC; recommended that the City Council approve the requested CUP; and WHEREAS, on February 14, 2023, the City Council; having duly considered the request for CUP, determined that the CUP should be approved as requested by adoption of this Ordinance; and NOW, THEREFORE, BE:IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION 1. AMENDMENT. - The zoning district for 1.791 acres of land in Guadalupe County, Texas, Lot 2, Block .1 of the Palm Field Subdivision within Guadalupe County Public Records; said 1.791 acres of real properties being depicted in EXHIBIT "A" (the "Property"), and incorporated herein -by reference, is hereby amended by Conditional :Use Permit for the use of a Manufactured Home, subject to all applicable federal; state or local laws or regulations set forth in the City's UDC. SECTION 2. DECLARATION OF COMPLL4,NCE. The City Council finds that all required public noticesfor a Conditional .Use Permit for the Property described in Exhibit "A" have been properly issued and all required public hearings have been properly conducted. SECTION 3. INCORPORATION OF RECITALS. The City Council finds the recitals in the preamble of this Ordinance are true and correct and incorporates them as findings of fact. SECTION 4. REPEALED.. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. SECTION 5. SEVERABILITY. If.any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or illegal, such decision shall not affect the validity of the- remaining heremaining sections of this Ordinance. The City Council hereby declares that it would have passed this Ordinance; and each section, subsection; clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, :sentences, clauses or phrases be declared void; and that in lieu of each clause or provision of this Ordinance that is invalid, illegal, or unenforceable there be added by the Mayor as necessary with the approval of the City Attorney as to form,: and as. a part of the Ordinance a clause or provision as similar in terms to such invalid, illegal or unenforceable clause or provision as may be possible, legal, valid and enforceable. SECTION 6. EFFECTIVE DATE. This ordinance shall become effective upon the adoption of this ordinance. 2 PASSED, APPROVED, AND ADOPTED THIS, M DAY OF �eLruorJ2023. ATTEST: PEGGY CIMICS, TRMC City Secretary 3 EXHIBIT "A": SUBJECT PROPERTY FOR CONDITIONAL USE PERMIT i Symoology Q Requester ® 206 NoUfication EUea Q Notfiied Parcels 4 s J Q Parcel Bour)dry s r 0 62.5125 250 Feed ]AN 2023 F- aanmuWjty Maps Contdbutars, C9ry as Cib6 , 7 msB T?r (; ? Virddrif�,!+QpenStreetMap Iicrosoft 0, RNP Esti H�EfiE 6araei n, ase. SafeGrapk GeoTechnologies. Farr, M A. USG }EPP NPS us " Ce Imeau USDA Z: 0 x Updated zoning districts asad, pda g per Ordinance tl1332, pted April 27, 2021 -Zoning district vested by preceding ordinance, details on website map ' — -T— f- -- -A 0e C�49 Symbology _% 4( 0 U f �_.-�i PnPeM Bowbarba -��Ifa�'RclEmtlal _ _ — " •-- i; * • • '•'©•'•. Obpb ETJ - i 1, �- r � ®NomMnevtlm Resb ml (MHlro �+ --�7 Agrttmenh Mabg<llurc RaklerlWl (M.) pggycm "Ctysttrmry T e x r. 5 Zoning Districts Online .Nr Miles Q Agrlaft,Rl(AC) Emplayme t— .u. _...:........:.: M T—P• Agrkuauvl(UDC (MORE) _ ••^' 4.4.9) IM Plan Uni[DeWo —t (PUD) ® NelghbnhoW Cpmmerdal Lay singkY Ty (CO Denary � R1,11.till (SFg) C_njw RehV� - Rebtl/ORke (C3) - Redll(Ofllee•RerikNe MerDumNgh OensSy - �'`�� Reidentlal Akand Sile (OR) '—IComrex',(C4) Wgh D—W siNg .Ity -RcWentlil(SF6) -Llghttmu (11) i MutJiamgy Restlmtbi �wbU,i �� � - PubOc FaegM1y (PF) -Pah ---�y {20232 f Na A ci-ts I Ordin nce tt NP y02 28 20231 0 x Updated zoning districts asad, pda g per Ordinance tl1332, pted April 27, 2021 -Zoning district vested by preceding ordinance, details on website map ' — -T— f- -- -A 0e C�49 OFFICIAL ZONING MAP 4( 0 U f N )y City of Cibolo Adopted by-J—,Number m Fehwry 29, WM by me Cry Camdd ft Cry dObdgTms. * • • F Tuesday, February 28, 2023 5[GlJED Mark Allen, Mayo (cayeeat \ s s ArpFsr coca Mem? 0 0.5 1 2 pggycm "Ctysttrmry T e x r. 5 1:24,000 Miles