ORD 1444 05/14/2024J OF Cie
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-City of Choice
ORDINANCE NO. 1444
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS GRANTING A
VARIANCE FOR CERTAIN REAL PROPERTY LOCATED AT 304 SOUTH
MAIN STREET; REDUCING THE MINIMUM REQUIRED DISTANCE
FROM A DRIVEWAY PROVIDING ACCESS TO THE PROPERTY AND A
NEIGHBORING PROPERTY'S DRIVEWAY; IMPOSING CONDITIONS
ON SUCH VARIANCE; 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, The Adventure Begins LLC ("Owner") owns certain land within the corporate limits
of the City of Cibolo ("City"), described as ABS: 57 SUR: WILLIAM BRACKIN 2.4770 AC,
located at 304 South Main Street, Cibolo, Texas ("Property"); and
WHEREAS, the City Council of the City has adopted a set of comprehensive development
regulations known as the Unified Development Code ("UDC"); and
WHEREAS, Section 18.16.B.I of the UDC provides that a minimum distance of two hundred and
fifty feet must be maintained between driveways providing direct access onto arterial streets; and
WHEREAS, the City Council finds the 300 Block of South Main is designated as an arterial street
by the Future Thoroughfare Plan; and
WHEREAS, the City Council finds the Owner's representative, Brittany Beisert of HMT
Engineering & Surveying, has submitted to the City an application for a variance to reduce the
minimum required distance from other driveways for a driveway which provides direct access to
South Main Street to and from the Property; and
WHEREAS, the City Council finds that said application was submitted to the City in compliance
with the UDC; and
WHEREAS, the City Council finds the Planning and Zoning Commission conducted a public
hearing and, using the factors set forth in Section 4.3.5.3 of the UDC, issued its recommendation
regarding the variance to the City Council in accordance with law; and
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WHEREAS, the City Council finds that Section 4.2.2 of the UDC provides that City Council is
responsible for taking final action on certain non -zoning related variances from the UDC; and
WHEREAS, the City Council finds all required public hearings were held for the purpose of
providing all interested persons the opportunity to be heard concerning the proposed variance in
accordance with law; and
WHEREAS, the City Council finds legal notice, notifying the public of all public hearings on the
consideration of the requested variance, was provided in accordance with law; and
WHEREAS, the City Council, having duly considered the request for variance, desires to approve
the variance to allow for less than two hundred and fifty feet between the driveway on the Property
and the existing driveway located to the north of the Property.
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 to which this Ordinance applies is identified
as ABS: 57 SUR: WILLIAM BRACKIN 2.4770 AC, located at 304 South Main Street, Cibolo,
Texas.
SECTION 3. Variance Granted. A variance to allow for one (1) driveway providing access to
and from South Main Street from the Property at a distance less than two hundred fifty feet from
the driveway to the north is hereby granted for the Property, contingent on 1) the location of the
Property's driveway being no less than ninety five feet from the northern neighboring property's
driveway measured from the north edge of the pavement of the Property's driveway and the south
edge of the pavement of the neighboring property's driveway and 2) the removal of the existing
driveway from the Property.
SECTION 4. Declaration of Compliance. The City Council finds that all required public notices
for consideration of the variance have been properly issued and all required public hearings have
been properly conducted.
SECTION 5. 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 6. 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.
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SECTION 7. 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
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 S. 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 9. 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 10. Penalty. It shall be unlawful for any person to violate any provision of this
Ordinance. Any person or responsible party that violates any provision of this chapter may be
charged with a misdemeanor and shall, upon conviction, be punished by a fine not to exceed
$500.00. 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
limits of the City of Cibolo upon the required newspaper publication.
ORDERED on this lei day of in AY 2024.
ATTEST:
Peggy Cimics, TRMC
City Secretary
Mark Allen, Mayor
APPROVED AS TO FORM:
Hyde Kelle LP
City Attorney
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