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ORDINANCE NO. 120
AN ORDINANCE APPROVING A VARIANCE TO REDUCE THE RIGHT
OF WAY LOT FRONTAGE WIDTH FOR 1809 GREEN VALLEY ROAD,
CIBOLO, TEXAS, 78108; 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 18.2.H.5 of the City's Unified Development Code ("UDC") requires
private street developments to have a minimum of one point of access to a public street having a
right-of-way width of at least 60 feet; and
WHEREAS, the owners of 1809 Green Valley Road, Cibolo, Texas, 78108 (the "Subject
Property"), have submitted a complete application for a variance to reduce the 60 foot ROW
requirements to 51 feet; and
WHEREAS, two public hearings were held to discuss the variance described herein; with the
first public hearing being conducted by the Planning & Zoning Commission on July 12, 2023
during a posted meeting at and the second public hearing being conducted by City Council on
July 25, 2023 at a regular meeting, each being conducted for the purpose of providing all
interested persons the opportunity to be heard concerning the proposed variance 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 25, 2023; and
WHEREAS, the Planning and Zoning Commission, having the authority to review and provide
recommendation on this non -zoning lot dimension and/or subdivision regulation under Section
4.2.2 using the factors in Section 4.3.5.3 of the UDC, considered the variance request application
on July 12, 2023 following due notice, and a public hearing, recommend by unanimous vote to
City Council that the variance be granted; and
WHEREAS, the City Council, having considered this variance following due notice and a
public hearing, and having considered all required factors and made all required findings set
forth in Section 4.3.5.3 of the UDC, has determined that this variance should be approved; and
7362/8 DM4294113
WHEREAS, upon approval, City Council directs the City Manager and City Secretary to take
such actions as are necessary and appropriate to effectuate this variance approval; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS:
SECTION 1. VARIANCE APPROVED. A variance to Section 18.2.1-1.5 of the City of Cibolo
UDC is hereby granted reducing the required 60 feet right-of-way lot frontage to 51 feet at the
property located at 1809 Green Valley Road, Cibolo, Texas, 78108, limited to the development
and project described in the variance application.
SECTION 2. PUBLIC PURPOSE. The City Council finds that the variance herein approved
complies with all applicable rules and regulations set forth in the UDC and other law.
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.
ORDERED this o day of Au u 2023
MARK ALLEN
Mayor
ATTE�
PEGGY CINIICS, TRMC
City Secretary
APPROVED AS TO FORM
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