Ord 1411 9/12/2023J Of Ci6
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'City of Choice'
ORDINANCE NO. 1411
AN ORDINANCE APPROVING A VARIANCE TO REDUCE THE
TRANSPARENCY REQUIREMENT FOR CERTAIN REAL PROPERTY
LOCATED AT 2432 FM 1103, CIBOLO, TEXAS, 78108; SETTING CONDITIONS
OF VARIANCE; 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 8.3.2.A.4 of the City's Unified Development Code ("UDC") requires the total
transparent windows shall comprise a minimum of twenty percent (20%) of the gross square footage of
exterior building elevations or a transparent opening shall be provided every fifteen (15'), feet measured
from jamb to jamb or the edge of the building; and
WHEREAS, the owners of 2432 FM 1103, Cibolo, Texas, 78108 legally described as Turning Stone
Unit -C10 Block 3 Lot 38 2.265 acres (the "Subject Property") which is seeking development which
would otherwise trigger the transparency requirements of 20%, have submitted a complete application for
a variance to reduce the requirement from 20% to 9%; and
WHEREAS, two public hearings were held to discuss the variance described herein; with the fust public
hearing being conducted by the Planning & Zoning Commission on August 9, 2023 during a posted
meeting and the second public hearing being conducted by City Council on August 22, 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 variance was
posted on the City's official website and published in the Seguin Gazeue, a newspaper of general
circulation in the City of Cibolo, on July 23, 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 August 9,
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 to reduce the transparency requirement from 20% to 9%
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 effectuate this variance approval; and
7362/8 4294712.1
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS:
SECTION 1. VARIANCE APPROVED. A variance to the reduce the requirement in Sec. 8.3.2.A.4
of the UDC of transparent windows from a minimum of twenty percent (20%) of the gross square footage
of exterior building elevations or a transparent opening shall be provided every fifteen (15') feet
measured from jamb to jamb or the edge of the building, to nine percent (9%) is hereby granted.
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 6Z day of a 2023.
By:
MARK ALLEN
Mayor
ATTEST:
PEG— GY CD[ICS, TRMC
City Secretary
7362/8 #294712.1
APPROVED AS TO FORM: