Ord 1423 12/12/2023or C/&
o
T'e X P,S
"City of Choice"
ORDINANCE: KZ3
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF CIBOLO, TEXAS, APPENDIX A — UNIFIED DEVELOPMENT
CODE, ARTICLE 17 — LANDSCAPING, BUFFERING AND PROTECTED
TREES TO REDUCE CERTAIN REQUIREMENTS WITHIN THE OLD
TOWN MIXED USE OVERLAY ZONING DISTRICT; 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 reduce certain perimeter landscape buffering
requirements for parking lots within the Old Town Mixed Use ("OT") zoning district, and
thereafter moved to recommend to City Council that such amendment be approved; and
WHEREAS, after duly providing all required public notice, on December 12, 2023, the City
Council conducted a public hearing regarding the amendment 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 amendment 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
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:
7362/8 DMN295245.1
SECTION 1. AMENDMENT TO UDC ARTICLE 17. From and after the effective date,
Section 17.1 — Landscaping and Buffering, Article 17 — Landscaping, Buffering and Protected
Trees, 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 17 — LANDSCAPING, BUFFERING AND PROTECTED TREES
SECTION 17.1— Landscaping and Buffering
J. Parking Lot Landscaping
3. The following additional criteria shall apply to the interior of parking lots.
a. Large trees shall be provided in parking areas. The construction of off-street parking areas
requires the planting of one large tree for each 400 square feet or fraction thereof in each
island so that there are no more than fifteen (15) contiguous parking spaces between islands,
except as otherwise provided herein. Commercial sites one (1) acre or less in size are exempt
from this requirement.
b. When an off-street parking or vehicular use area abuts a public right-of-way, except a
public alley, a perimeter landscape area of at least fifteen (15') feet in depth, or at least five
(5') feet in depth if within the Old Town Mixed Use District, shall be maintained between the
abutting rights-of-way and the off-street parking or vehicular area. Minimum three (3') foot
landscaping buffer shrubs are to screen all off-street parking spaces from the public rights-of-
way. Necessary access ways from the public right-of-way shall be permitted through this
area.
NOTE: All remaining sections of the UDC shall remain unchanged
SECTION 2. 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 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
7362/8 DM0295245.1
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 _L;L day of ��= m �� r 2023.
ATTEST ^
PEGGY CIMICS, TRMC
City Secretary
7362/8 DM#295245.1
MARK D. ALLEN
Mayor
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