ORD 1445 05/14/2024Of C/8
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'City of Choice
ORDINANCE NO. 1445
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS GRANTING A
CONDITIONAL USE PERMIT FOR 7.51 ACRES OF REAL PROPERTY
DESCRIBED AS ABS: 134 SUR: JOSE FLORES, 7.51 AC TO ALLOW FOR
CONCRETE ASPHALT BATCHING PLANT (TEMPORARY); IMPOSING
CONDITIONS ON SUCH CONDITIONAL 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 THAT THE MEETING AT WHICH THIS
ORDINANCE WAS ADOPTED WAS CONDUCTED 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 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, MLM Trust ("Owner") owns approximately 7.51 acres of land within the
corporate limits of the City described as ABS: 134 SUR: JOSE FLORES, 7.51 AC located at
10833 IH -10 ("Property"); and
WHEREAS, the Property is located within the Mixed Use Regional Employment Center
(MURE) zoning district; and
WHEREAS, the Owner's representative, Webber LLC ("Applicant"), has submitted to the City
an application for a Conditional Use Permit ("CUP") to allow for a temporary Concrete/Asphalt
Batching Plant use on the Property,
WHEREAS, the Commercial Uses Table set forth in Section 13.2 of the UDC permits a
Concrete/Asphalt Batching Plant as a temporary, short-term use within any zoning district,
including the MURE zoning district, upon approval of a CUP for same, provided that such
conditional use are allowed only 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, a CUP for temporary Concrete/Asphalt Batching Plant use on the Property was
previously issued to Webber LLC by Cibolo Ordinance No. 1435; and
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WHEREAS, Cibolo Ordinance No. 1435 was terminated by operation of law after Webber
LLC failed to adhere to the terms of the CUP granted by that ordinance; 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. IH -10, and therefore any concrete batching operations permitted by the requested CUP
will be temporary and 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, 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
Concrete/Asphalt Batching Plant on the Property as described herein and further depicted in
Exhibit A attached hereto; 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 accordance
with state and local 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
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WHEREAS, the City Council, having duly considered the request for CUP, desires to approve
the CUP for Concrete/Asphalt Batching Plant as a temporary, short-term 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: 134 SUR: JOSE
FLORES, 7.51 AC is depicted in Exhibit A attached hereto and incorporated herein for all
purposes.
SECTION 3. CUP Granted. A CUP for the use of Concrete/Asphalt Batching Plant for the
Property is hereby granted and issued to Webber LLC, 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. Time Restriction. This CUP shall effectively expire on December 31, 2026, and shall
not be valid thereafter; however, the Owner/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 TxDOT and/or its affiliates. Any extension of this CUP shall
be limited to a period not to exceed twelve (12) months.
b. Plat Approval. The, Owner/Applicant shall apply for and have an approved, valid, and
completed plat, as required by the UDC, or shall receive an approved waiver to platting
within 90 days of approval of this CUP.
c. Site Plan Approval. The Owner/Applicant shall apply for and have an approved official
site plan in accordance with the UDC within 90 days of approval of this CUP. Once
approved, the concrete batching plant use and related activities permitted by this CUP
may not substantially deviate from the proposed site plan attached hereto as Exhibit B,
nor any site plan subsequently approved by the City.
d. Permits and Inspections required and in place. All required building permits as required
by the City's adopted codes shall be submitted by end of business on Friday, June 14`h,
and based on the City's Chief Building Official's on-site visit to determine required
building permits. The Chief Building Official shall provide the list of required permits
to the applicant. Further, the applicant shall work in good faith to request inspections in
a timely manner to complete permits and obtain Certificate(s) of Occupancy if
appropriate. The City will process and conduct inspections in advance of the City's
approval of the Site Plan and satisfaction of the City's subdivision regulations unless
otherwise allowed by this CUP. The City shall not approve any building permit until
satisfaction of Condition b (Plat Approval) and Condition c (Site Plan Approval).
e. Perimeter Fence Required to Operate. A perimeter fence must be installed per UDC Sec.
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 its Property, and such
fencing shall not be required between the Property and the IH -10 frontage road owned
by TxDOT. Perimeter fencing shall be required along all other boundaries of the
Property within15 days of an approved site plan.
f. Landscape Buffer Required to Operate. A Landscape Buffer must be installed per UDC
Sec. 17.1.L and Sec. 4.3.4.3.1, or the Owner/Applicant must apply for and receive an
approved variance to landscape requirements within 60 days of approval of this CUP
g. Hours of Operation once lawful operation is otherwise achieved pursuant to this CUP.
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 to accommodate the logistical requirements of the TxDOT highway
expansion project.
h. Dust Mitigation Required to Operate. The RA -200, or equivalent, dust controller shall
be always in operation during which the silo is operating.
i. Expiration. This CUP shall expire: 1) upon the expiration of two years from the effective
date of this Ordinance or 2) upon cessation of business operations on the property for
more than 90 days, or 3) the occurrence of December 31, 2026, whichever occurs first.
j. Grading mitigation Required at 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 the previously approved grading no later than December 31, 2026, unless an extension
of this CUP has been granted prior to such date.
k. Additional Uses. No other conditional uses are allowed under this conditional use
permit.
1. 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 all
other applicable laws and regulations.
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 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. 4
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 141 day of May 2024.
Mark Allen, Mayor
ATTEST: APPROVED AS TO FORM'M
Peggy Cimics, TRMC Hyde Kelle LLP
City Secretary City Attorney
Exhibit "A"
Deseriution of Prover
TRACT 1:
AB that certain tract, pine or parcel of land being a pan of That certain 20 One tract of land not of The Jose
Flores Smsey No. 630 Abst. NO, 134, In Guadalupe Comfy, Tans, conveyed by R.J. Jung rt us to Udo Grebe by
deed dated December 3% 1929. and recorded In VOL 117, Page 563 of the Deed Records of Guadalupe County,
Teras, and bring more particularly described as follmss:
BEGINNING at the South West turner of [be Udo Grebe (met, said corner being also the North West corner of
o tract of land conveyed by Ili. IVIcIen to Franz Schnak by died dated the 23rd day of Nmember,1929, and
recorded Ia VOL I IS, Page 165, of the Dttd Records of Guadalupe County, Tea, for The Beginhing corner of
this tract;
THENCE N.30 deg. 16' W. nhh [be West property [foe, a distance Of 49.2' to a point In the Rigbl-ref--Way for
Highway 111.10, being project 110.4 (16) 603. Said point being 202.0' from and normal to Teras llighwvy
Department Enpjnetn Station 156 plus 36.8;
THENCE N. 66 deg. 29' r_ still, the Right -of -Way for I lighsny 111-10 a distance of 452.6' to a point; A portion of
nlgbssay 11140 Right -of -Way being out of The We Grebe tract as conveyed by Udo Grebe and nit , Rosallue
Grebe to the Tent Highway Department by deed dated the 22nd day of December, 1958, and recorded In Vol.
321, Page 435 of the Deed Records of Guadalupe County, Tens;
THENCE S.60 deg. 15' W. nigh the common line of the Udo Grebe tract and said Schenk tract a distance of
4495' to The ptam of bcglouiog, and contalatag 025 acre of land, more or las.
TRACT H:
NI that certain tract, piece or parcel of load being a part of Clint "train 91 acro tract of land, out of the Jose
Flom Surrey No. 63, Abet. No. 134, In Guadalupe County, Tcn, mnse)ed by HJ. Wlcters ct us, to From
Schenk, by deed dated the 23rd ofNosember, 1929, and recorded In VOL 110, Page 165 of the Decd Records of
Guadalupe County, term, and being store paniculorly described as foUmn:
BEGINNING at the Northwest corner of the Fran 5chnnk frac, said career being also the South West comer
of a tract of land conveyed by RJ. Jung and wife, E1ta lung, to Udo Grebe and Rosalina Grebe by deed dated
the 30th day of December, 1929. and recorded in Vol. 117. Page 5643 of The Deed Records of Guadalupe County,
Tum;
THENCE N.60 deg. 15' E. with the woman line of The From: Schrank tract and said Udo Grebe tract a
distance of 4495' to a point In the Rlgbt-of-Woy for Illghssay I11-10, being reelect 1104 (16) 603. Said point.
being 202.0' from and normal to Tens Highway Department Unglacce's Station 160,189.0;
THENCE N.66 dtg. 29' E, sdth the Rlghf- !-%Vay for Highway IH -10 a distance of 660.6' to a point. A portion of
Highway 111-10 fUghl-of-Way being out of the From Schnnk tract us conveyed by From Sehnnk and Anna
&hank to the Teras Ilighnay Department by deed dated the 2244 day of December, 19M and recorded In VOL
321, Page 437 of The Deed Records of Guadalupe County, Texas;
THENCE 5.34 deg. 505' E. nilb the Right -of -Way for I llgbway 11420 a distance of 102.0' to a point;
THENCE with the Highwny 111.10 Wfiht- &%Vny along The arc of a circular tuna to The left basing a redius of
3955' a distance of 136.7' to a point. The chord of the arc of said cone bean S.33 deg. 25' E a distance of
136.0';
TIIENCE S.60 deg. IV W. a distance of 1121.1' to a point In the West property llne of the Franz tract;
THENCE N. 30 deg. 16' W'. pith the West property Line a distance 613083' to the place or Beginning and
"Malubg 7.26 acm of land, mote or las.
SAVE AND EXCEPT out of Tract 11, that certain 0934 acv tnet of land Conveyed by Lucille Nolen to Lloyd J.
hfueiler in Warronly Dad recorded In Volume 894, Page 400 of the Rut Property Records of Guadalupe
County, Tens.
NOTE: The company Is prohibited from lasering the arca or quantity of the land described herein. Any
statement In the above legal description of the arca or quantity of land Is not a representation Clint such one or
quantity Is corner, hot Is made only for informational andfor Identification purposes and don not Override Item
2ol'Sehedulcilb rcof.
Exhibit "B"
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