Ord 1402 7/25/2023"City of Choice"
ORDINANCE NO. % gDal
AN ORDINANCE APPROVING A CONDITIONAL USE PERMIT TO
ALLOW INSTALLATION OF A MANUFACTURED HOME ON
CERTAIN REAL PROPERTY CURRENTLY LOCATED AT 510 OPIE
LANE, CIBOLO, TEXAS, 78108; ESTABLISHING TERMS AND
CONDITIONS FOR PERMIT; DECLARING A PUBLIC PURPOSE;
INCORPORATING RECITALS; PROVIDING A REPEALER AND
SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; DIRECTING
CITY STAFF TO UPDATE OFFICIAL ZONING MAP OF THE CITY;
AND SETTING AN EFFECTIVE DATE.
WHEREAS, the City of Cibolo, Texas (the "City') is a home -Wile municipality; and
WHEREAS, Section 13.1 of the City's Unified Development Code ("UDC") prohibits the use
of a manufactured home within the AG Zoning District, unless the property owner has applied
for and been granted a conditional use permit authorizing such use on the property in accordance
with Section 4.3.2 of the UDC; and
WHEREAS, the owners of property currently known as 510 Opie Lane, Cibolo, Texas, 78108
(the "Subject Property")', which is currently within the AG Zoning District, have submitted a
complete application for a conditional use permit ("CUP") to allow the installation and use of a
manufactured home thereon; and
WHEREAS, the Planning and Zoning Commission, having considered this CUP application
following due notice and a public hearing, and having considered all required factors and made
all required findings set forth in Section 4.3.2 of the UDC, approved by majority vote to
recommend to City Council that the CUP be approved; and
WHEREAS, the City Council, having considered this CUP application following due notice and
a public hearing, and having considered all required factors and made all required findings set
forth in Section 4.3.2 of the UDC, has determined that this CUP should be approved subject to
certain terms and conditions set forth herein; and
WHEREAS, two public hearings were held to discuss the CUP application described herein;
with the first public hearing being conducted by the Planning & Zoning Commission on June 28,
' Subsequent to conveyance as a portion of the tract currently referred to as 510 Opie Lane, Cibolo, Texas 78108,
City Council acknowledges that the Subject Property will be assigned a new street address, which shall thereafter be
incorporated herein by reference as the street address for the Subject Property.
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2023 at 6:30 PM CST in the Noble Group Event Center and the second public hearing being
conducted by City Council on July 11, 2023 at 6:30 PM CST in the Noble Group Event Center;
each being conducted for the purpose of providing all interested persons the opportunity to be
heard concerning the proposed UDC amendments described herein; and
WHEREAS, legal notice notifying the public of both public hearings on the requested CUP was
posted on the City's official website and published in the Seguin Gazette, a newspaper of general
circulation in the City of Cibolo, on June 4, 2023; and
WHEREAS, on June 28, the Planning and Zoning Commission, after due consideration of this
CUP application, including all criteria listed in Section 4.3.2 of the UDC, recommended that the
City Council approve the requested CUP; and
WHEREAS, the City Council finds that the requested CUP, subject to certain terms and
conditions set forth herein, satisfies all approval criteria set forth in Section 4.3.2 of the UDC and
should be approved; and
WHEREAS, upon approval, City Council directs the City Manager and City Secretary to take
such actions as are necessary and appropriate to update the City's Official Zoning Map to reflect
the approval of this CUP; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS:
SECTION 1. CONDITIONAL USE PERMIT APPROVED. A conditional use permit is
hereby approved, pursuant to Section 4.3.2 of the UDC, to allow a manufactured home
(residential) to be installed and used for residential purposes on the property located at 510 Opie
Lane, Cibolo, Texas, 78108, ("Subject Property") provided that such permit be subject to the
following terms and conditions:
1. Subject to Platting. The Subject Property shall be subdivided in accordance with
Section 20.1.8 of the UDC and a manufactured home shall not be installed upon the Subject
Property until a final plat has been recorded 2
2. Emergency Access. The owners of the Subject Property shall install a road paved with
an all-weather surface to provided ingress and egress onto the property, which shall be
maintained in a state of good repair at all times and be kept free and clear of any structures,
2 OPTION A: Remove (1), so that the property is not required by this CUP to go through platting requirements if it
qualifies for the "development plat" exception (ifthe ordinance passes).
OPTION B: Plat Approval Not Required. The Subject Property shall not require Final Plat, Replat, or development
plat approval, if applicable, prior to issuance of a building permit.
OPTION C: Subject to Platting. The Subject Property shall be subdivided in accordance with Section 20.1.8 of the
UDC, if required, and a manufactured home shall not be installed upon the Subject Property until a
final plat, if required, has been recorded.
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fences, trees, shrubs or other improvements or obstructions, including but not limited to the
parking of motor vehicles, trailers, boats, or other impediments to access by an emergency
services vehicle, including a fire apparatus. The maintenance of an emergency access lane is the
sole responsibility of the property owner(s). The owners shall post signs where required by the
UDC and maintain appropriate signs along such emergency access lane as approved by the Fire
Marshal. The Fire Marshal, Police, or duly authorized representative of the City is hereby
authorized to cause such emergency access lanes to be free and unobstructed at all times for the
Fire Department and emergency use.
3. Fire Protection. The Subject Property shall comply with Section 507 of the 2015
International Fire Code (Fire Protection Water Supplies) to ensure that adequate water supplies
are available on-site to conduct emergency fire -fighting operations on the property.
4. Issuance of Building Permits. Prior to the arrival of a manufactured home on the
property, the owner shall apply for a manufactured home placement permit and electrical service
permit. The owner shall provide verification of the County permit for the on-site septic system
and confirmation of water service. The City shall not issue a building permit unless all
subdivision improvements, if any, have been completed.
SECTION 2. PUBLIC PURPOSE. The City Council finds that the Conditional Use Permit
herein approved complies with all applicable rules and regulations set forth in the UDC and other
law, and is consistent with the City's Comprehensive Master Plan.
SECTION 3. INCORPORATING RECITALS. The City Council approves the recitals hereto
and incorporates them herein as findings of fact.
SECTION 4. REPEALING ORDINANCES IN CONFLICT AND SAVINGS CLAUSE.
All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of
such conflict with all remaining portions not conflicting being saved from repeal herein.
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.
SECTION 6. EFFECTIVE DATE. The Ordinance shall be effective immediately following
approval by City Council, and the City Manager and City Secretary are hereby directed to take
such actions as are necessary and appropriate to update the City's Official Zoning Map to reflect
approval of the Conditional Use Permit described herein.
ORDERED this .2-5 day of 7� 2023.
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By:
MARK ALLEN
Mayor
ATTESTr7 /
PEGGY CIMICS, TRMC
City Secretary
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APPROVED AS TO FORM: