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ORDINANCE NO. 1440
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS GRANTING A
CONDITIONAL USE PERMIT FOR 5.01 ACRES OF REAL PROPERTY
LOCATED AT 165 ELAINE SCHLATHER PARKWAY TO ALLOW FOR
ACCESSORY RESIDENTIAL UNITS USE; AMENDING THE ZONING
MAP OF THE CITY OF CIBOLO, TEXAS; DECLARING COMPLIANCE
WITH APPLICABLE STATE AND LOCAL LAWS; PROVIDING FOR
SEVERABILITY, REPEAL, SAVINGS, PUBLICATION AND
CODIFICATION; DECLARING CONDUCT OF MEETING IN
COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT;
PROVIDING A PENALTY; PROVIDING AN EFFECTIVE DATE; AND
CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Texas Local Government Code Section 211.002 authorizes the City of Cibolo
("City"), as a home rule municipality, to adopt, repeal or amend zoning district boundaries and
regulations in order to promote the -public health, safety and general welfare of the City; and
WHEREAS, the City has adopted such regulations as codified in the City's Unified Development
Code ("UDC"); and
WHEREAS, Alves Revocable Living Trust ("Owner") owns approximately 5.01 acres of land
within the corporate limits of the City, described as ABS: 194 SUR: JAMES JONES TRACT#6
5.01 AC and generally located at 165 Elaine Schlather Parkway ("Property"); and
WHEREAS, the Property presently has a zoning classification of SF -6, High Density Residential;
and
WHEREAS, the Owner's representatives, Henry and Jintana Alves, have submitted to the City an
application for a conditional use permit ("CUP") to allow for accessory residential unit use on the
Property; and
WHEREAS, the City Council finds that, pursuant to Sections 4.3.2 and 4.3.1.1.13 of the UDC,
said application was submitted to the City with proof of ownership and authorization to file such
application; and
WHEREAS, the City Council finds two public hearings were held for the purpose of providing
all interested persons the opportunity to be heard concerning the proposed CUP to allow for
accessory residential unit use on the Property, with the first public hearing being conducted by the
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Planning and Zoning Comrnission on March 13, 2024, and the second public hearing being
conducted by City Council on March 26, 2024, in accordance with state and local law; and
WHEREAS, the City Council finds legal notice, notifying the public of both public hearings on
the consideration of the requested CUP, was posted on the City's official website and published in
the Seguin Gazette, a newspaper of general circulation in the. City, in compliance with state and
City law; and
WHEREAS, the City Council finds written notice of the aforementioned public hearings before
the Planning and Zoning Commission and the City Council were sent to each owner of real
property within 200 feet of the subject Property of this requested CUP, as indicated on the most
recently approved municipal tax roll of the City, in accordance with applicable state and local law;
and
WHEREAS, the City Council finds the Planning and Zoning Commission, after due consideration
of the requested CUP, including all matters specified in Section 4.3.2 of the UDC, issued its
recommendation regarding the CUP to the City Council in accordance with state and local law;
and
WHEREAS, the City Council finds that the Planning and Zoning Commission found 1) the
proposed use is in accord with the objectives of the UDC and the purposes of the district in which
the Property is located, 2) the proposed use will comply with all of the applicable provisions of the
UDC 3) the proposed use and site development, together with any modifications applicable thereto,
will be completely compatible with existing or permitted uses in the vicinity, 4) the conditions
applicable to approval are the minimum necessary to minimize potentially unfavorable impacts on
nearby uses and ensure compatibility with existing or permitted uses in the same district and the
surrounding area, and that the prescribed zoning standards ensure proper mitigation of identified
impacts by recommending stricter standards where necessary, 5) the Commission gave due
consideration to all technical information supplied by the applicant and 6) the proposed use,
together with the conditions applicable thereto, will not be detrimental to the public health, safety
or welfare or materially injurious to properties or improvements in the vicinity, and the City
Council adopts these findings as its own; and
WHEREAS, the City Council, having duly considered the request for CUP, desires to approve the
single -family residential zoning district CUP for accessory residential unit use.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS:
SECTION 1. 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 2. Description of Property. The Property described as ABS: 194 SUR: JAMES
JONES TRACT#6 5.01 AC is depicted in Exhibit A attached hereto and incorporated herein for
all purposes.
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SECTION 3. CUP Granted. A CUP for the conditional use of accessory residential unit for the
Property is hereby granted. Such CUP is 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:
a. Site Plan. This CUP shall be developed in accordance with the site plan, Exhibit B,
attached hereto and incorporated herein for all purposes.
b. Recordation of Plat. A subdivision plat must be submitted for review and approval with the
City of Cibolo and recorded upon completion.
c. Building, Fire and Technical Codes. The Property must comply with all City Building, Fire
and technical code requirements.
d. Permits and 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 shall inspect
the Property in compliance with City ordinances. No use of the Property shall be allowed
prior to the issuance of a Certificate of Occupancy.
e. Owner Occupied. The owner of the Property must occupy one of the premises on the
Property.
f. Additional Uses. No other conditional uses are allowed under this CUP.
g. This CUP shall expire and shall not be valid thereafter upon the expiration of two years
from the effective date of this Ordinance, provided a Certificate of Occupancy has not been
issued for this CUP use.
SECTION 4. Zoning Map Amendment. The Zoning Map of the City of Cibolo is hereby
amended to reflect the CUP as created by this Ordinance.
SECTION 5. Declaration of Compliance. The City Council finds that all required public notices
for consideration of the CUP have been properly issued and all required public hearings have been
properly conducted.
SECTION 6. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance
is for any reason held to be unconstitutional or illegal by final judgment of a court of competent
authority, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have passed and ordained all the remaining portions
of this Ordinance without the inclusion of such portion or portions found to be unconstitutional or
invalid.
SECTION 7. Repeal. All resolutions, ordinances, or parts thereof conflicting or inconsistent with
the provisions of this Ordinance are hereby repealed to the extent of such conflict. In the event of
a conflict or inconsistency between this Ordinance and any other resolution, code or ordinance of
the City, or parts thereof, the terms and provisions of this Ordinance shall govern.
SECTION 8. Savings. All rights and remedies of the City are expressly saved as to any and all
violations of the provisions of any ordinances which have accrued at the time of the effective date
of this Ordinance; and such accrued violations and litigation, both civil and criminal, whether
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pending in court or not, under such ordinances, shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
SECTION 9. Publication and Codification. The City shall publish this Ordinance in the
newspaper designated as the official newspaper of the City twice as required by Section 3.13(3) of
the City Charter. This Ordinance will be codified in the Cibolo Code in the next appropriate update.
SECTION 10. Open Meeting Compliance. The City Council finds that the meeting at which this
Ordinance passed was conducted in compliance with the Texas Open Meetings Act.
SECTION 11. Penalty. It shall be unlawful for any person to violate any provision of this
Ordinance. Any person who violates, or any person who causes or allows another person to violate,
any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine of not more than Two Thousand Dollars ($2000.00). Each
occurrence of any violation of this Ordinance shall constitute a separate offense. Each day on
which any violation of this Ordinance occurs shall constitute a separate offense.
SECTION 12. Effective Date. This Ordinance will become effective within the corporate city
limits of the City of Cibolo upon the required newspaper publication.
ORDERED on this . 9 day of 4- r 2024.
ATTEST:
Peggy Cimics, TRMC
City Secretary
Mark Allen, Mayor
APPROVED AS TO FORM:
Hyde Kidley LLP
City Attorney
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Exhibit A
Property Information Map for
165 Elaine Schlather Pkwy
.0 ® Property of Interest �T
Neighborhood Commercial (Cl) -'
High Density Single -Family /
Residential (SF6)
Public Facility (PF) - Insbtutu,
1 Public Facility (PF) - Park
Council District: I
Zoning District: 4 Acre of SF6 and
1 Acre of C1
Water Service: City of Gbolo
Sewer Service: City of Cibolo
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