Ord 1389 01/24/2022 CUP FM 1103 Rodeo Way.� 0 „f C to
r =� 0
;
'' v,�n�nnnmttninnP�"�
Te x AS
"City of Choice"
ORDINANCE NO: 1389
AN ORDINANCE APPROVING A CONDITIONAL USE .PERMIT. FOR 0.59 ACRES OF
REAL PROPERTY LOCATED ON THE NORTHEAST CORNER OF FM 1103 AND RODEO
WAY TO ALLOW FOR A RESTAURANT, .FAST FOOD USE; 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 21 LOW 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
Neighborhood Commercial (C-1) Zoning District; and
WHEREAS, the Use Table set forth in Section 13.3 of Appendix A of the Code of Ordinances for
the City of Cibolo, also known as the Unified Development Code ("UD.0"), allows Restaurant,
Fast Food Use 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 Drago
Properties, LLC. to request a CUP for 0.59 acres of real property located on the northeast corner of
FM 1003 and Rodeo Way to allow for Restaurant, Fast Food Use 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 December 14, 2022, in the Cibolo City Hall and the second public hearing being
conducted by City Council on January 10, 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 for Restaurant, Fast Food Use on the subject property, comprised of 0.59
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
7362/842853141
WHEREAS, written notice of the aforementioned public hearings-. 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 December 14; 2022, 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 with conditions; and
WHEREAS, on January 24, 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 0.59 acres of land in Guadalupe County,
Texas, out of the Lot 1; Block 6 of Cibolo Valley Ranch Subdivision Unit l .as recorded in Volume
b Page 596; of Guadalupe County Public Records; said 0.59 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 Restaurant, Fast Food; with the.below conditions, subject to
all applicable federal, state or local laws or regulations set forth in the City's:UDC.
1. Traffic mitigation in accordance with TXDOT regulations,
2. Entrance/exit. as far north on Rodeo Way as allowed by UDC,
3.. Drive-thru has more than projected traffic volume so that all queueing is on site to
prevent stacking on Rodeo. Way as approved :by City Engineer and,
4. A. Right-In/Right-Out driveway on FM 1103 approved by. TXDOT and removal of 1'
access easement. -
SECTION.2. DECLARATION OF COMPLIANCE. The City Council finds that all required
public notices for 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 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
2
as to form; and as apart 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.
PASSED, APPROVED, AND ADOPTED THIS 24th DAY OF January 2023.
LEN
Mayor
ATTEST:
PEGGY CIMICS, TRMC
-City Secretary
3
EXHIBIT "A": SUBJECT PROPERTY FOR CONDITIONAL USE PERMIT
4
EXHIBIT "B": UPDATED OFFICIAL CIBOLO ZONING MAP
/ 1 I� C { i } i-} }�a}�;— � me SmWloDru,r,�.aw. L/
4 bdae9l,w t
f
A<.
2msp
, C, WSW) •s.. o -,M fO.
l :tea q ].c.Mouy tAC ifrn Fs•rut`lJ
®a<irr -
77
,c! ^r-�f e`•"c s `rs..i 3... -s l_�.»:_ - • a.w,a<.ti �twsctiryoz+sa
ONION
C" Ai i'v„r, r"°y
I.. . -`w.eo r.:s� r ,�.0 crxyScl, , �'-•
o
yi t�, �'-„_` 1 1 { l i 2023 Zoning Mao Amendments
Fd
i Ordinance # CUP 01 -24-Yj 7;T
2
f :✓#. tea• ., Ri '�i Ir _ j _ j [_
.r
C2PSF2 '{
fiffirk, C3
l x � �'��•, s � 1 1+ � � _ SF2 � c �`y tr: `4'�.�r,,.• -f� SF2 i,
i1
r
i
+
W s�
I
IrSr i i iLr } � x
1p �i'i1 I k
# 1' I i of �1 i 1
i
iP
Updated .onm0districts aper OrEmanco n77i. neoymanpuZr. 1021
'Z"Q0bu1ctvesicaerrraeam0aatii3m0,ecwusa, k1bVem p
or C ]r.,:,er.:h'<:+,:,:;.,+<.• ' :w>•.r ue��tic>rdcboAcoa.d
-A �e. OFFICIAL ZONING MAP
- .Q ••J -' /:attsl b„•Gn.vb 'r '.y,H«tCe✓c]
4, d'r CydGbu Te.:t'
� o � City of Cibolo
7quo
<' Tuesday, January 24, 2023 nn.naw,.• ta,:r�
. wssrc�x,. vrs.<oir
T
0 0
C X P. 1:24.000 .5 1 2
_ Miles