Ord 1422 12/12/2023O
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ORDINANCE: /IZ,Z
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF CIBOLO, TEXAS, APPENDIX A — UNIFIED DEVELOPMENT
CODE, ARTICLE 4 — ZONING REGULATIONS AND ARTICLE 6 —
ACCESSORY, TEMPORARY, AND SUPPLEMENTAL USE
REQUIREMENTS TO ALLOW CERTAIN VEHICLE STORAGE BY
RIGHT, SUBJECT TO CERTAIN SUPPLEMENTAL CONDITIONS,
WITHIN THE MURE ZONING DISTRICT AND ADDITIONAL
AMENDMENTS ESTABLISHING UDC DEFINITIONS RELATING TO
SAME; DECLARING A PUBLIC PURPOSE; INCORPORATING
RECITALS; PROVIDING A REPEALER AND SAVINGS CLAUSE;
PROVIDING FOR SEVERABILITY AND SETTING AN EFFECTIVE
DATE.
WHEREAS, after duly providing all required public notice, on November 15, 2023, the
Planning and Zoning Commission for the City of Cibolo, Texas (the "City") conducted a public
hearing regarding amending Appendix A of the City's Code of Ordinances, also known as the
City's Unified Development Code ("UDC"), to allow certain commercial vehicle storage lots,
specifically licensed incident management towing, to be located within the Mixed Use Regional
Employment ("MURE") zoning district, subject to other appropriate regulations for such
businesses, and thereafter moved to recommend to City Council that creation of such districts be
approved; and
WHEREAS, after duly providing all required public notice, on December 12, 2023, the City
Council conducted a public hearing regarding the amendments proposed herein; and
WHEREAS, having held public hearings and duly considering this matter, in accordance with
applicable local laws as well as statutory requirements set forth in Chapter 211 of the Texas
Local Government Code, the City Council has approved the amendments to the City's UDC as
set forth herein, having found that doing so will promote the health, safety and welfare of the
public; and
WHEREAS, the City Council and the Planning and Zoning Commission have determined that
the proposed amendment to the UDC is consistent with the City's Comprehensive Master Plan;
and
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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. AMENDMENT TO UDC ARTICLE 1. From and after the effective date,
Section 1.12 — Unified Development Code Definitions, Article 1 — General Provisions, of
Appendix A of the City's Code of Ordinances, also known as the City's Unified Development
Code, shall be amended as set forth herein (additions underlined) and shall hereinafter read as
follows:
ARTICLE 1— GENERAL PROVISIONS
Section 1.12 — Unified Development Code Definitions
Vehicle Storage
Long term storage of operating or non-operating vehicles. Typical uses include storage of private
parking tow -away or impound yards but exclude dismantling or salvage.
Vehicle Storage — Incident Management Towing
A vehicle storage facility Aerated by a person or entity that has been issued an incident
management towing permit by the Texas Department of Licensing and Regulation pursuant to
Rule 06.201 of the Texas Administrative Code Such use includes incident management towing
services and short- or long-term vehicle storage appurtenant thereto provided that such services
are conducted in accordance with all applicable laws and regulations
Veterinary Services
Veterinary service for all animals. Typical uses include animal clinics and hospitals. Veterinary
services shall not include the boarding of large or small animals.
NOTE: All remaining sections of the UDC shall remain unchanged
SECTION 2. AMENDMENTS TO UDC ARTICLE 4. From and after the effective date,
Section 4.7 — Lot Design Regulations, Article 4 — Zoning Regulations, of Appendix A of the
City's Code of Ordinances, also known as the City's Unified Development Code, shall be
amended as set forth herein and shall hereinafter read as follows:
ARTICLE 4 — ZONING REGULATIONS
SECTION 4.7 — LOT DESIGN REGULATIONS
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4.7.4.3 Mixed Use Regional Employment Center (MURE) District Regulations
E. Use Regulations
In the "MURE" Mixed Use Regional Employment district, no buildings or land shall be used,
and no. buildings shall be hereafter erected, reconstructed, altered, or enlarged, unless otherwise
provided in these regulations, as described below:
2. Permitted Uses Subject to Supplemental Use Requirements
Heavy commercial uses in the C-4 district and clean light industrial uses and research and
development uses, as are permitted in the I-1 district shall also be permitted subject to adherence
to the Environmental Performance Standards of the UDC and Performance standards described
in this district. For terms of enforcing these regulations, clean light industrial shall .be defined as
an industrial use that has little to no environmental impact related to noise, heat, vibration, odor,
and the other environmental performance standards described in this UDC, with aspects
of industrial processes being contained within an industrial building and/or structure. Certain
vehicle towing facilities and vehicle storage appurtenant thereto shall be permitted, subject to
applicable supplemental use requirements, provided that the business has been issued a permit to
perform incident management towing, as defined by the Texas Department of Licensing and
Regulation. Semi -truck docks and related loading, storage and distribution functions of
permitted clean light industrial uses would be focused toward site locations that are not visible to
surrounding rights-of-way and that are hidden by principal buildings or other screening
techniques. Any outdoor operations or outdoor storage shall be completely screened and buffered
from public rights-of-way and any adjoining residential zoning districts and be placed on a
surface that will not create dust or non-compliance with any Environmental Performance
Standard of this UDC.
3. Conditional Use Permit (CUP) Required
Any use permitted in the I-1 and I-2 district that may fall outside the definition of clean light
industrial may be considered subject to the issuance of a Conditional Use Permit (CUP) by the
City Council, after Planning and Zoning Commission review and recommendation. The criteria
for the approval of any CUP for an I-2 will be the suitability of such a use in the context of the
surrounding uses and the ability of the I-2 use to contain all industrial processes to the interior of
buildings and not pose a significant risk to any residential uses that may be in the MURE
development. Any outdoor storage or other outdoor uses shall be completely screened and
buffered from public rights-of-way and any adjoining residential zoning districts and shall be
limited to an incidental percentage of the total operations. Any prospective I-2 use shall
demonstrate the measures proposed to be implemented to comply with all Environmental
Performance Standards of this UDC, including, but not limited to the prevention of dust. The
City reserves the right to deny any CUP request for an I-1 or I-2 for a non -clean light industrial
use on the basis that such requested use would be detrimental to overall development of the
highway corridor or adversely affect any adjoining or nearby properties.
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4. Prohibited Uses
The following uses are expressly prohibited: sexually oriented businesses, mini -warehouse
storage, general outdoor storage, atAe irnpelind-yafds, kennels, pawn shops, surplus sales, or
outdoor advertising signs (billboards) or any other use that is not consistent with creating a
positive image for the City. Any use that is not expressly listed as a prohibited use that is denied
by staff may be appealed to the Planning and Zoning Commission and City Council in
accordance procedural requirements of this UDC and the Fee Schedule for Administrative
Appeals.
NOTE: All remaining sections of the UDC shall remain unchanged
SECTION 3. AMENDMENTS TO UDC ARTICLE 6. From and after the effective date,
Section 6.3 - Supplemental Use Requirements, Article 6 - Accessory, Temporary, and
Supplemental Use Requirements, of Appendix A of the City's Code of Ordinances, also known
as the City's Unified Development Code, shall be amended as set forth herein and shall
hereinafter read as follows:
ARTICLE 6 - ACCESSORY, TEMPORARY, AND SUPPLEMENTAL USE
REQUIREMENTS
Section 6.3 - Supplemental Use Requirements
R. Vehicle Storage - Incident Management Towing
Certain vehicle storage is permitted by right in the MURE zoning district subject to the
following supplemental use requirements:
1) The owner/operator of a vehicle storage lot in the MURE zoning district must maintain a
permit issued by the Texas Department of Licensing and Regulation to perform incident
management towing, as defined in Sec. 86.10 of the Texas Administrative Code:
2) The lot must be located no closer than five hundred feet (500 ft.) from any interstate
highway: and
3) The portion of the lot used to store vehicles must be screened with a fence that is at least
eight feet (8 ft.) in height, so that the stored vehicles are not visible from any_public right
of way.
4) The lot may not be used to store any vehicle which contains or is reasonably believed to
contain hazardous materials.
NOTE: All remaining sections of the UDC shall remain unchanged
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SECTION 4. PUBLIC PURPOSE. The City Council finds that the amendments to these UDC
are in the public interest and are necessary to promote the general welfare.
SECTION 5. INCORPORATING RECITALS. The City Council approves the recitals hereto
and incorporates them herein as findings of fact.
SECTION 6. 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 7. 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 8. EFFECTIVE DATE. The Ordinance shall be effective immediately following
publication as required by law.
ORDERED this __Q, day of D eC emLr-- 2023.
ATTEST�, /
PEGGY CIMICS, TRMC
City Secretary
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MARK D. ALLEN
Mayor