Ord 1424 12/12/2023"City of Choice"
ORDINANCE: JW1
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF CIBOLO, TEXAS, APPENDIX A — UNIFIED DEVELOPMENT
CODE, ARTICLE 20 — SUBDIVISION REGULATIONS TO AMEND
CERTAIN REQUIREMENTS FOR FINAL ACCEPTANCE OF PUBLIC
IMPROVEMENTS; 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 amend the required percent of completion of
improvements for final acceptance of public improvements, 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 is better in line with the intent of the regulations to allow final acceptance only after a
substantial portion of the buildable lots in a development have been developed; and
NOW THEREFORE, the Cibolo City Council has considered the effect of this amendment and
has determined it 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 20. From and after the effective date,
Section 20.3.11 Public Improvements Acceptance/Warranty Required, Section 20.3 — General
Platting and Development Procedures, Article 20 — Subdivision Regulations, of Appendix A of
VAMSl17uF3121JO C71
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 20 — SUBDIVISION REGULATIONS
SECTION 20.3 — GENERAL PLATTING AND DEVELOPMENT
PROCEDURES
Section 20.3.11 Public Improvements Acceptance/Warranty Required
B. Inspection and Acceptance of Public Improvements
2. Acceptance of Public Improvements
b. Final Acceptance (Part II)
i. After 18 months from the date of preliminary acceptance in
accordance with Part I, or when 75 -OA 90% of the buildable lots within
the development or the unit of the development being presented for
final acceptance have been developed, whichever point in time occurs
last, the developer may petition the City for final acceptance of public
improvements by completing Part II of the "Developer Petition for
Acceptance of Public Improvements" as shown in this UDC and
providing three (3) copies of the form to the City.
NOTE: All remaining sections of the UDC shall remain unchanged
SECTION 2. PUBLIC PURPOSE. The City Council finds that this amendment to the UDC is
in the public interest and is necessary to promote the general welfare of the citizens of the City of
Cibolo, Texas.
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.
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SECTION 6. EFFECTIVE DATE. This Ordinance shall be effective immediately following
publication as required by law. `
ORDERED this —� day of �eLembe-r 2023.
MARK D. ALLEN
Mayor
ATTEST
PEGGY CIMICS, TRM
City Secretary 411
7362/8 DM1295246.1