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ORD 1450 06/25/2024d of Cie A v O • rcx0,s . -aty of Choke" ORDINANCE NO. 1450 AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS GRANTING A VARIANCE ON A CONDITIONAL USE PERMIT REQUIREMENT FOR 7.51 ACRES OF REAL PROPERTY LOCATED AT 10833 IH -10 TO WAIVE ALL LANDSCAPING REQUIREMENTS; 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, the City of Cibolo ("City") is a home rule municipality authorized to create and enforce zoning regulations in order to promote public health, safety and general welfare; and WHEREAS, the City has adopted such regulations as codified in the City's Unified Development Code ("UDC"); and WHEREAS, MLM Trust, by and through Webber LLC (Webber), sought and received a Conditional Use Permit (CUP) to allow for temporary operation of a concrete asphalt batching plant located on the Interstate Highway 10 (IH -10) to operate under a contract with the Texas Department of Transportation (TXDOT) for the expansion of IH -10; WHEREAS, the CUP included a requirement that certain landscaping be performed prior to operation along with a requirement that the property be returned to its original grading upon cessation of operations in 2026; and WHEREAS, Webber failed to meet the landscaping requirement which voided the first CUP and then sought and received a second CUP with the same terms; and WHEREAS, Webber sought a variance on the landscaping requirement due to the conditions of the property, the temporary nature of the CUP, other temporary mitigating steps being taken, and the requirement that the property be re -graded in 2026; 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 variance in accordance with state and local law; and Page 1 of 4 WHEREAS, the City Council finds legal notice, notifying the public of both public hearings on the consideration of the requested variance, 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 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 finds the Planning and Zoning Commission, after due consideration issued its recommendation 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 temporary nature of the project and use of the land creates a special condition not applicable to other properties within the district, 2) the special condition was created by TXDOT's expansion project and not the actions of Webber, 3) any trees planted in accordance with the landscaping requirement will be protected trees pursuant to UDC Section 17.1.1-1.14 which would therefore necessitate a permit and other protection or replacement methods when the mandatory grading occurred in 2026, 4) the landscaping ordinance does not require other properties in the district to temporarily landscape and then return the property to its original condition, 5) granting of the variance would not substantially conflict with the Comprehensive Master Plan and the purposes of the UDC, and 6) that the granting of the variance will not be detrimental to public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this Code; WHEREAS, the City Council, having duly considered the request for variance, desires to approve the variance to waive the initial landscaping requirement. 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 Properly. The subject property is located at 10833 IH -10 as depicted in Exhibit A attached hereto and incorporated herein for all purposes. SECTION 3. Variance Granted. A variance to waive the initial landscaping requirement within the CUP is hereby granted. Such variance is subject to all applicable federal, state or local laws or regulations, including the City Code and the UDC, subject to the following condition: 1. The site shall be restored to previously approved grading no later than December 31, 2026, unless an extension has been granted by the City of Cibolo prior to that time. SECTION 5. Declaration of Compliance. The City Council finds that all required public notices 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 Page 2 of 4 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. 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 25th day of 1 City Secretary City Attorney Page 3 of 4