ORD 1430 1/9/2024"City of Choice"
ORDINANCE NO. 11130
AN ORDINANCE APPROVING A VARIANCE TO ELIMINATE THE
REQUIREMENT FOR CONSTRUCTING SIDEWALKS FOR CERTAIN
REAL PROPERTY LOCATED AT 508 N MAIN STREET, CIBOLO,
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 18.17.A of the City's Unified Development Code ("UDC") requires the
installation of sidewalks for applicable developments; and
WHEREAS, Patrick Jackson, the Owner, of 508 N Main Street, Cibolo, Texas, 78108 (the
"Subject Property") is seeking development which would otherwise trigger the requirement to
install sidewalks, have submitted a complete application for a variance to waive the requirement
to install the sidewalks; and
WHEREAS, two public hearings were held to discuss the variance described herein; with the
first public hearing being conducted by the Planning & Zoning Commission on November 15,
2023 during a posted meeting and the second public hearing being conducted by City Council on
December 12, 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 Gazette, a newspaper of
general circulation in the City of Cibolo, on October 22, 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 November 15, 2023 following due notice, and a public hearing, recommend by a 6-1 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 on the
condition that the Owners of the Subject Property may tender to the City a cash contribution in
lieu of construction of the sidewalks at a later date, be paid into the City's sidewalk fund to be
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used for installations of sidewalks within the City's jurisdictional limits, including but not
limited to the Subject Property; 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
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 construct the
perimeter sidewalk required in Sec. 18.17.A 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 install perimeter
sidewalks along the public street surrounding the property located at 508 N Main Street, Cibolo,
Texas, 78108, subject to the following conditions:
1) As a condition precedent to any development or construction on the Subject Property, or
the issuance of any permit for improvements, demolition or construction on the Subject
Property, the Owner(s) of the Subject Property will enter into an agreement to tender to
the City a cash payment, in lieu of escrowed monies, for City's construction of the
otherwise required sidewalk on the following terms:
a. Payment will be in the amount of EIGHT DOLLARS AND NO CENTS ($8.00)
per square foot of sidewalks which would otherwise be required on the Subject
Property based on an approved site plan for proposed development "Payment".
b. Payment will be due upon the earlier of:
i. Thirty (30) calendar days from City sending notice to Owner of City's
intent to construct a sidewalk abutting the Subject Property; or
ii. Seven (7) calendar days from notice that City Manager, acting in his/her
sole discretion, has reason to believe Owner intends to divest its all or part
of its ownership interest in the Subject Property and provides notice to
Owner; or
iii. Immediately upon the Owner divesting itself of all or part of the
ownership interest in the Subject Property; or
iv. Immediately upon the ten (10) year anniversary of the effective date of
this Ordinance.
c. Patrick Jackson, in his individual capacity, will guarantee the Payment and will be
joint and severally liable with Owner for the Payment; and
d. Owner will secure Payment with the Subject Property.
2) This variance will automatically expire and become void without any action of City, upon
the occurrence of either the following events:
a. City and Owner fail to enter into a written agreement including the above terms,
or Patrick Jackson fails to execute a personal guarantee for Payment, within six
(6) months of the effective date of this Ordinance; or
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b. determination the ordinance, variance or related agreement are illegal or
unenforceable in whole or in part, and any required sidewalk construction per the
UDC will be immediately required.
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 this �_ day of 2024.
y:
N
Mayor
ATTEST:
PEGGY CIMICS, TRMC
City Secretary
7362/8 DMH294133.5
APPROVED AS TO FORM: