ORD 1435 1/23/2024"City of Choice"
ORDINANCE NO: 1435
AN ORDINANCE APPROVING A CONDITIONAL USE PERMIT FOR 7.51
ACRES OF REAL PROPERTY LOCATED 10833 III -10 TO ALLOW FOR
CONCRETE ASPHALT BATCHING PLANT (TEMPORARY); DECLARING
COMPLIANCE WITH APPLICABLE STATE AND LOCAL LAWS;
INCORPORATING RECITALS; REPEALING ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, Texas Local Government Code Section 211.004 provides that zoning regulations
and district boundaries must be adopted in accordance with a duly adopted Comprehensive Plan;
and
WHEREAS, Texas Local Government Code Section 211.002 authorizes the City of Cibolo
("City"), asahome-rule municipality, to adopt, repeal or amend zoning district boundaries in order
to promote 4hepublic health, safety and general welfare of the City; and
WHEREAS; the subject property, of this Conditional Use Permit ("CUP") is located within a
Mixed Use .Regional .Employment Center (MURE); and
WHEREAS, the Commercial Uses Table set forth in Section 13.2 of Appendix A of the Code of
Ordinances for the City of Cibolo, also known as the Unified Development Code ("UDC'), permits
a Concrete/Asphalt Batching Plant as a temporary, short-term use within any zoning district,
including the MORE zoning district, upon approval of a CUP for same, provided that such
conditional use may occur until completion of a specific construction project or projects supplied
by the concrete batching plant unless City Council renews the CUP for a specific, additional period
of time; and
WHEREAS, the City of Cibolo has received a valid and completed application from Owner MLM
Trust, through its representative Miya Janes -Green of Webber LLC, to request a CUP to allow for
a temporary, short-term Concrete/Asphalt Batching Plant to operate on the subject property,
located at 10833113-10 and legally described as ABS: 134 SUR: JOSE FLORES, 7.51 AC; and
WHEREAS, the City Council has duly considered the requested CUP and finds that the proposed
concrete batching operation will provide concrete exclusively to the Texas Department of
Transportation (TxDOT) and/or its affiliates, operating under a TCEQ permit as a "registered
portable facility" to be located contiguous to the right-of-way to provide concrete batching services
for use on a single infrastructure project within the right-of-way of IH -10 at 10833 E. I1-1-10, and
therefore any concrete batching operations permitted by the requested CUP will be temporary and
7362/8 #294710.1
will not be permitted to continue once said TxDOT project is completed, and finds further that the
applicant has agreed to the terms and conditions set forth in this ordinance, including requirements
relating to dust prevention and other potential nuisances such as light, noise, and traffic; and
WHEREAS, two public hearings were held to discuss the rezoning to the real property described
herein; with the first public hearing being conducted by the Planning & Zoning Commission on
December 13, 2023, and the second public hearing being conducted by City Council on January 9,
2024; each being conducted for the purpose of providing all interested persons the opportunity to
be heard concerning the proposed CUP to allow for Concrete/Asphalt Batching Plant on the subject
property, comprised of 7.51 acres located at 10833 I11-10, as described herein and further depicted
in Exbibit "A" hereto; and
WHEREAS, legal notice notifying the public of both public hearings on the property proposed to
be rezoned, 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 November 26, 2023; and
WHEREAS, written notice of the aforementioned public hearings before the Planning & Zoning
Commission and the City Council were sent to each owner of real property within 200 feet of the
subject property of this CUP, as indicated on the most recently approved municipal tax roll of the
City of Cibolo, in accordance with applicable state and local law; and
WHEREAS, on December 13, 2023, the Planning and Zoning Commission, after due
consideration of the requested CUP, including all matters listed in Section 4.3.2 of the UDC, voted
to recommend that the City Council approve the requested CUP; and
WHEREAS, on January 23, 2024, the City Council, having duly considered the request for CUP,
determined that the CUP should be approved as requested by adoption of this Ordinance; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS:
SECTION 1. CUP GRANTED.
A. The zoning district for 7.51 acres of land in Guadalupe County, Texas, located 10833 IH -
10, Cibolo, Texas, and being legally described as ABS: 134 SUR: JOSE FLORES, 7.51
AC, and as depicted in EXHIBIT "A" hereto (the "Property"), and incorporated herein by
reference, is hereby amended by Conditional Use Permit ("CUP") for the use of
Concrete/Asphalt Batching Plant, subject to all applicable federal, state or local laws or
regulations, including supplemental use regulations set forth in the City's UDC, and the
following conditions:
1. Time Restriction — This CUP shall effectively expire on December 31, 2026, and
shall not be valid thereafter; however, the applicant may apply for an extension of
this CUP prior to December 31, 2026, if more time is needed to complete the
applicant's contractual work for the Texas Department of Transportation and/or its
affiliates. Any extension of this CUP shall be limited to a period of time not to
exceed twelve (12) months.
7362/8 #297188.1
2. Plat— Within 30 days of the date on which this CUP is approved, the owner/applicant
shall submit a valid and completed plat application as required by the UDC or,
alternatively, initiate the process to obtain a variance or other waiver from any
applicable platting requirements.
3. Site Plan — An official site plan submittal, in accordance with the UDC, shall be
submitted within 30 days of the date on which this CUP was granted. The concrete
batching plant use and related activities permitted by this CUP may not substantially
deviate from the submitted conceptual/preliminary site plan attached hereto as
Exhibit "B," nor any final site plan that may subsequently be approved by the City.
4. Permits & Inspections — Any and all required building permits and a valid
Certificate of Occupancy must be obtained by the owner/applicant. All permit
applications submitted for this property are subject to the requirements of the City
Code, and the City reserves the right to inspect the premises at least once per quarter,
i.e. at least once per three-month period, to ensure compliance with the terms of this
CUP and other applicable laws and regulations.
5. Perimeter Fence — Within 90 days of the date on which this CUP was granted, a
perimeter fence must be installed per UDC Sec. 4.4.7.4.3.E.2 and Sec. 9.3.2.
TxDOT, as owner of the IH -10 frontage road abutting the property, has expressed
that a perimeter fence is not needed along their property, and such fencing shall not
be required between the subject property and the IH -10 frontage road owned by
TxDOT. Perimeter fencing shall be required along all other boundaries of the
subject property.
6. Landscape Buffer — Within 30 days of the date on which this CUP was granted, an
approved Landscape Buffer must be installed per UDC Sec. 17.1.L and Sec.
4.4.7.4.3.J.
7. Hours of Operation — Subject to authorized letter from TxDOT. Concrete batching
operations shall be allowed to occur outside of the permitted timeframe(s) listed
within the Cibolo Code of Ordinances in order to accommodate the logistical
requirements of the TxDOT highway expansion project.
8. Dust Mitigation — The RA -200, or equivalent, dust controller shall be in operation
at all times during which the silo is operating.
9. Cessation of the Concrete Batch Plant — Upon the cessation of the concrete
batching operations associated with this conditional use permit, the site shall be
restored to the approved permit grading plan. The site shall be restored to previously
approved grading no later than December 31, 2026, unless an extension of this CUP
has been granted prior to such date.
3
7362/8 #297188.1
10. Additional Uses — No other conditional uses are allowed under this conditional
use permit.
B. The zoning map of the City of Cibolo is hereby amended to reflect the CUP as created by
this Ordinance, being more specifically defined on EXHIBIT "C".
SECTION 2. DECLARATION OF COMPLIANCE. The City Council finds that all required
public notices for a Conditional Use Permit for the Property described in Exhibit "A" have been
properly issued and all required public hearings have been properly conducted.
SECTION 3. INCORPORATION OF RECITALS. The City Council finds the recitals in the
preamble of this Ordinance are true and correct and incorporates them as findings of fact.
SECTION 4. REPEALED. All ordinances, parts of ordinances, or resolutions in conflict
herewith are expressly repealed.
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; and that in lieu of each clause or provision of this Ordinance that is invalid, illegal,
or unenforceable there be added by the Mayor as necessary with the approval of the City Attorney
as to form, and as a part of the Ordinance a clause or provision as similar in terms to such invalid,
illegal or unenforceable clause or provision as may be possible, legal, valid and enforceable.
SECTION 6. EFFECTIVE DATE. This ordinance shall become effective upon the adoption
of this ordinance.
PASSED, APPROVED, AND ADOPTED THIS DAY OF jczh / o ;1 2024.
ATTEST:
PEGGY CIMICS, TRMC
City Secretary
4
7362/8 #297188.1
MARK ALLEN
Mayor
EX 1HBIT "A": SUBJECT PROPERTY FOR CONDITIONAL USE PERMIT
7362/8 #297188.1
EXIIIBIT "B": SITE PLAN
CONDITIONALLY APPROVED BY CITY STAFF ON JULY 14, 2023
,s.Eii —
—
-;
oar-
---
3En'u:e>—=; 'SA144+Ji.e+.c tea:
6
7362/8 #297188.1
EXHIBIT "C": UPDATED OFFICIAL ZONING MAP - CITY OF CIBOLO, TEXAS
7362/8 #297188.1
I I i + '
_. Li ....,.
IL
Iv
- - •-. �r�r'. wsc �.rrf•.-wa
i111l�IrrrYr
1
f
c1
� I j� co Tai
Orf
1
U,•rr
. r
.. Ca
�t•1
7 is �.
ca
IUD
_ c
11
- 1rk
I �
y or Cryo OFFICIAL ZONING MAP �^ - •d .° ��
Tu..e.K Jrfury Z]sl 2024 , or
rwo
124.000 0 _Ob 1 a�a
8
7362/8 #297188.1