Loading...
ORD 1448 06/11/20241 OF C/o ` O r o rcxi's Thy of choke ORDINANCE NO. 1448 AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS APPROVING A TEMPORARY WAIVER WITH CONDITIONS TO PLATTING REGULATIONS FOR CERTAIN REAL PROPERTY LOCATED AT 10833 IH -10 FRONTAGE ROAD; IMPOSING CONDITIONS FOR SUCH TEMPORARY WAIVER; PROVIDING FOR SAVINGS, REPEAL, SEVERABILITY, AND PUBLICATION; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS CONDUCTED IN COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT, PROVIDING A PENALTY; PROVIDING FOR SPECIFIC PERFORMANCE; AND PROVIDING AN EFFECTIVE DATE. Whereas, the City Council of the City of Cibolo, Texas has adopted a set of comprehensive development regulations known as the Unified Development Code ("UDC"); and Whereas, the City Council finds that Article 20 of the UDC establishes platting procedures and regulations for certain land, among other regulations; and Whereas, the City Council finds that Section 20.1.8.D.2 of the UDC requires platting of nonresidential land when a building permit is required because of construction of a new nonresidential structure on such land or because of the movement of a primary structure onto such land; and Whereas, MLM Trust ("Owner") owns certain property described as ABS: 134 SUR: JOSE FLORES, 7.51 AC and located at 10833 IH -10 Frontage Road ("Property"); and Whereas, the City Council finds that Section 20.1.8.D.2 of the UDC requires the Property to be platted; and Whereas, the City Council finds that Section 20. 1.11 of the UDC provides for the application for and consideration of waivers of certain UDC regulations; and Whereas, the City Council finds that Mark L. Mott, on behalf of the Owner, submitted an application for waiver of the platting requirements of Article 20 of the UDC for the Property on February 26, 2024; and Whereas, on March 26, 2024, the City Council considered and denied such application; and Whereas, on May 14, 2024, the City Council adopted Ordinance No. 1445 granting a conditional use permit for the Property; and Whereas, subsequent to the adoption of Ordinance No. 1445, the Owner again applied for a waiver of the platting requirements of Article 20 of the UDC for the Property; and Whereas, the City Council has considered such application for waiver; and Whereas, the City Council finds the grant of a temporary waiver of the requirements of Section 20.1.8.D.2 of the UDC on the Property will not be detrimental to the public safety, health or welfare, will not be injurious to other property or to the owners of other property, and will not prevent the orderly subdivision of other property in the vicinity; and Whereas, the City Council finds that an alternate design will generally achieve the same result or intent as the regulations prescribed by Section 20.1.8.D.2 of the UDC; and Whereas, the City Council finds that the temporary waiver will not in any manner vary the provisions of the UDC or other ordinance of the City but for the temporary waiver granted herein; and Whereas, the City Council now desires to grant a temporary waiver from the requirements of Section 20.1.8.D.2 of the UDC for the Property with conditions. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS THAT: SECTION 1. Findings. The recitals are hereby found to be true and correct and are hereby incorporated as part of this Ordinance. SECTION 2. Temporary Waiver. The requested waiver is hereby GRANTED to temporarily waive the requirements of Section 20.1.8.D.2 of the UDC on the Property with the following conditions: A. The temporary waiver shall only become effective upon the full compliance of the Property with all requirements of Ordinance No. 1445 or any amendment thereof. B. The temporary waiver shall expire on December 31, 2026, or at the expiration of any extension thereof authorized by the City Council. C. A perimeter fence is installed in accordance with Ordinance No. 1445 or any amendment thereof. D. A landscape buffer is installed in accordance with Ordinance No. 1445 or any amendment thereof. E. Dust mitigation is implemented in accordance with Ordinance No. 1445 or any amendment thereof. F. Operations at and uses of the Property shall comply with Ordinance No. 1445 or any amendment thereof. G. No uses other than those provided by Ordinance No. 1445, or any amendment thereof shall occur on the Property. H. No use shall occur on the Property prior to the approval of a site plan. I. All uses and activities of the Property shall comply with an approved site plan. SECTION 3. Savings. All rights and remedies of the City of Cibolo 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, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 4. Repeal. This Ordinance shall be and is hereby cumulative of all other ordinances of the City of Cibolo, Texas, and this Ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, in such other ordinances are hereby repealed. SECTION 5. Severability. If any section, paragraph, sentence, clause, or phrase of this Ordinance shall for any reason be held to be unconstitutional or invalid by a court of competent jurisdiction, 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. Publication. The City shall publish the applicable provisions of 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. SECTION 7. Open Meeting. The City Council hereby finds and determines that the meeting at which this Ordinance was passed was conducted in accordance with the Texas Open Meetings Act. SECTION 8. Penalty and Specific Performance. It shall be unlawful to do or perform any act prohibited in this Ordinance, and it shall be unlawful to fail to do or perform any act required in this Ordinance. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a class "C" misdemeanor, which shall be punishable by a fine of not more than Five Hundred Dollars ($500.00). Each occurrence of any violation of this Ordinance shall constitute a separate offense. In addition, the City may seek specific performance to enforce the provisions of this Ordinance. Section 9. Effective Date. This Ordinance shall become effective and be in full force and effect from and after the required newspaper publication. PASSED, APPROVED, AND ADOPTED THIS 11th DAY OF JUNE 2024. AT Peggy Cimics, TRMC City Secretary Hyde Kc4ley LLP City Attorney