Ord 1404 8/8/2023rexns
"City of Choice"
ORDINANCE NO. M01
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF CIBOLO, TEXAS, APPENDIX A — UNIFIED DEVELOPMENT
CODE, ARTICLE 20 "SUBDIVISION REGULATIONS", SECTION 20.3.17
"DEVELOPMENT PLATS" TO PROVIDE AN EXEMPTION FOR
CERTAIN RESIDENTIAL DEVELOPMENT ON CERTAIN
AGRICULTURAL LOTS; DECLARING A PUBLIC PURPOSE;
INCORPORATING RECITALS; PROVIDING A REPEALER AND
SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; AND SETTING
AN EFFECTIVE DATE.
WHEREAS, the City of Cibolo, Texas (the "City") is a home -rule municipality; and
WHEREAS, Section 3.7 of the City's Unified Development Code ("UDC") establishes a
process for adopting amendments thereto; and
WHEREAS, the City Council has determined that existing subdivision regulations should be
amended to allow development of single-family homes on certain lots zoned for Agricultural -
Homestead (AG) use and located within the city limits, without the necessity of obtaining
development plat and/or site plan approval prior to issuance of building permit(s); and
WHEREAS, the City Council has determined that such revisions are necessary and appropriate
for the efficient administration of the City's zoning and subdivision rules, as set forth in the
UDC, and to promote the health, safety and welfare of the public; and
WHEREAS, two public hearings were held to discuss the UDC amendments described herein;
with the first public hearing being conducted by the Planning & Zoning Commission on July 12,
2023 at 6:30 PM in the Noble Group Event Center and the second public hearing being
conducted by City Council on August 8, 2023 at 6:30 PM 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 proposed UDC
amendments 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 25, 2023; and
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WHEREAS, the City Council finds that the proposed amendments to the subdivision regulations
relating to certain development plat requirements are consistent with the City's Comprehensive
Master Plan and shall not interfere with any existing use of any property in the City; and
NOW THEREFORE, the Cibolo City Council has considered the effect of these amendments
and has determined them to be appropriate, necessary and in the public interest;
NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS:
SECTION 1. AMENDING UDC SECTION 20.3.17 - From and after the effective date,
Article 20 — SUBDIVISION REGULATIONS of the City's Unified Development Code shall be
amended and shall hereinafter read as follows:
Article 20 — Subdivision Regulations.
Section 20.3 — General Platting and Development Procedures.
Section 20.3.17 — Development Plats.
A. Authority.
This Section is adopted pursuant to the Texas Local Government Code, Chapter 212,
Subchapter B, and Sections 212.041 through 212.050, as amended.
B. Purpose.
Development plats may be required only to ensure that adequate easements and rights of
way will be provided with respect to land not subject to platting requirements. Site Plan
approval is required.
C. Applicability.
For purposes of this Section the term "development" means the new construction of any
building or structure of any nature (residential or nonresidential). "Development" does
not includeQconstruction of any building or improvement used for agricultural
purposes, or (ii) construction of new Single -Family Dwellings, nor any accessory
structure appurtenant thereto, on property within City limits that is zoned as Agricultural -
Homestead (AG). This Section shall apply to any land lying within the City or within its
Extraterritorial Jurisdiction, as follows:
1. The development of any tract of land which has not been platted or re -platted prior to the
effective date of this UDC, unless expressly exempted herein;
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2. The development of any tract of land for which the property owner claims an exemption
from the City's Subdivision Regulations of this UDC, including requirements to re -plat,
which exemption is not expressly provided for in such regulations;
3. The development of any tract of land for which the only access is a private easement or
street; or
4. The division of any tract of land resulting in parcels or lots each of which is greater than
five acres in size, and where no public improvement is proposed to be dedicated or
constructed.
D. Exceptions.
No development plat shall be required where:
1. The tract to be developed has received Final Plat or Replat approval or was created
prior to the effective date of this Ordinance; or
2. A subdivision plat is also required under the ordinances of the City; or 'T'h
.d Z,..,:. g r,..„.„:....ion . ,.,,, , r„time to time exempt other development or !an
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3. The tract to be developed:
(i) is at least five (5) acres, and
(ii) was conveyed as a portion of a larger tract that, at the time of conveyance, was at
least ten (10) acres and zoned as Agricultural -Homestead (AG), regardless of
whether the larger tract has previously received Final Plat or Replat approval;
and
(iii) does not require construction or dedication of any public road or utility prior to
issuance of a building permit; and
(iv) is not part of a phased development project involving other tract(s) subdivided
from the same larger tract.
NOTE: All remaining sections of the UDC shall remain unchanged.
SECTION 2. PUBLIC PURPOSE. The City Council finds that the amendments to the UDC
are in the public interest and are necessary to promote the health, safety and welfare of the
public.
SECTION 3. INCORPORATING RECITALS. The City Council approves the recitals hereto
and incorporates them herein as findings of fact.
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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
publication as required by law.
ORDERED this T day of U s�2023.
PEGGY CIMICS, TRMC
City Secretary
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APPROVED AS TO FORM:
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