ORD 1420 11/14/2023"City of Choice"
ORDINANCE NO. 1420
AN ORDINANCE APPROVING A VARIANCE TO ELIMINATE THE
RIGHT-OF-WAY DEDICATION REQUIREMENT FOR CERTAIN REAL
PROPERTY LOCATED AT 304 SOUTH MAIN STREET, CIiOLO,
TEXAS, 78108; SETTING CONDITIONS OF VARIANCE; DECLARING
A PUBLIC PURPOSE; INCORPORATING RECITALS; PROVIDING A
REPEALER CLAUSE AND SETTING AN EFFECTIVE DATE.
WHEREAS, the City of Cibolo, Texas (the "City") is a home -rule municipality; and
WHEREAS, Section 18.1.G.6.a.i of the City's Unified Development Code ("UDC") requires the
dedication of additional right-of-way for applicable developments; and
WHEREAS, Christopher Knowlton, as representative of The Adventure Begins, LLC, the
Owner of 304 South Main Street, Cibolo, Texas, 78108 (the "Subject Property"), is seeking
development which would otherwise trigger the requirement to dedicate 20 feet of right-of-way,
and has submitted a complete application for a variance to waive the requirement to dedicate 20
feet of right-of-way; and
WHEREAS, two public hearings were held to discuss the variance described herein; with the
first public hearing being conducted by the Planning and Zoning Commission on
October 11, 2023 at 6:30 PM CST in the Noble Group Event Center and the second public
hearing being conducted by City Council on October 24, 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 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 Gazette, a newspaper of
general circulation in the City of Cibolo, on September 24, 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 of the UDC, using the factors in Section 4.3.5.3, considered the variance request
application on October 11, 2023, following due notice and a public hearing, and recommend by
unanimous vote to City Council that the variance be approved; 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
without condition; and
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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 the requirement to dedicate additional
right-of-way required in Sec. 18.1.G.6.a.i of the UDC is hereby granted, pursuant to
Section 4.3.5.3 of the UDC, to waive any requirement for the property owner to dedicate 20 feet
of right-of-way at the property located at 304 South Main Street, Cibolo, Texas, 78108.
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. EFFECTIVE DATE. The Ordinance shall be effective immediately following
approval by City Council.
ORDERED thi;
ATTEST:
PEGGY CEMCS, TRMC
Ci
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APPROVED AS TO FORM:
DTRG
City Attorney
K