ORD 1471 11/12/2024'City of Choice
ORDINANCE NO: 1471
AN ORDINANCE OF THE CITY OF CHIOLO, TEXAS GRANTING A
CONDITIONAL USE PERMIT FOR 11.26 ACRES OF REAL PROPERTY
LOCATED AT 12880 W IH -10; ALLOWING FOR LOCAL CONVENIENCE
STORE WITH FUEL SALES OVER 5,000 SQUARE FEET; IMPOSING
CONDITIONS ON SUCH CONDITIONAL USE; AMENDING THE CITY
ZONING MAP; DECLARING COMPLIANCE WITH APPLICABLE
STATE AND LOCAL LAWS; PROVIDING FOR SAVINGS, REPEAL,
SEVERABILITY, AND PUBLICATION; 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 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, Falcon Reg, LLC ("Owner") owns approximately 11.26 acres of land within the
corporate limits of the City, composed of one parcel, described as ABS: 134 SUR: JOSE FLORES
11.26 AC, and generally located at 12880 W IH -10 ("Property"); and
WHEREAS, the Property presently has a zoning classification of C-4 General Commercial; and
WHEREAS, Article 13 of the UDC allows for Stores over 5,000 square feet in C-4 zoning only
as a conditional use; and
WHEREAS, the Owner's representative, Ziad Kaadouch, Z and Co LLC, has submitted to the
City an application for a Conditional Use Permit ("CUP") to develop a Local Convenience Store
with Fuel Sales larger than 5,000 Square Feet on the Property; and
WHEREAS, the City Council finds that, pursuant to Sections 4.3.2, 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 a local
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convenience store over 5,000 square feet use on the Property, 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 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
WHEREAS, the City Council, having considered the request for CUP, desires to approve the CUP
for a Local Convenience Store with Fuel Sales larger than 5,000 square feet.
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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 as if recited verbatim.
SECTION 2. Description of Property. The Property described as ABS: 134 SUR: JOSE
FLORES 11.26 AC. is depicted in Exhibit A attached hereto and incorporated herein for all
P1Lt0M
SECTION 3. CUP Granted. A CUP for the conditional use of a Local Convenience Store with
Fuel Sales larger than 5,000 square feet for the Property is hereby granted. Such CUP is subject to
all applicable federal, state or local laws or regulations, including the City Code and the UDC, and
the following conditions:
a. Building and Fire Codes — Applicant must comply with all Building and Fire Code
requirements.
b. Permits and Inspections _All required building permits and a Certificate of Occupancy
must be obtained. All permit applications submitted for this property are subject to the
requirements of the City Code.
c. Additional Uses. - No other conditional uses are allowed under this CUP.
d. Recording of Plat —A subdivision plat must be submitted for review and approval with the
City of Cibolo and recorded upon completion.
e. TXDOT approval — The subject property is along TXDOT right-of-way. Applicant must
obtain approval from TXDOT and include proof of approval with any development
applications submitted to the City of Cibolo prior to the issuance of any permits.
f. Landscaping — all regulations of UDC Article 171 (2) regarding a required 20' landscape
buffer along the property line of residentially used or zoned property must be met. r1rM
g. General Commercial (C-4) Regulations. All Regulations of the General Commercial (C-4)
Zoning District, other than those amended by the Conditional Use Permit, apply to the
property.
h. Alcohol Sales_— Any alcohol sales are subject to Texas Alcoholic Beverage Commission
rules and regulations.
i. Supplemental Use Regulations — All regulations of UDC Article 6.3 Supplemental Use
Requirements (K) Fuel Sales Business, other than those amended by the Conditional Use
Permit, apply to the Property.
j. Expiration. This CUP will expire if building permits are not issued within two (2) years of
the effective date of this CUP.
k. Review fees — All fees associated with the review and processing of the application must
be paid in full.
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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. 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 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.
SECTION 7. 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 8. Publication. 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.
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 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 11. Effective Date. This Ordinance will become effective upon the required newspaper
publication.
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PASSED, APPROVED, and ADOPTED on this/ -7 day of M9.06-n4,or— 2024.
ATTEST:
Peggy Cimics, TRMC
City Secretary
Mayor
APPROVED AS TO FORM:
Z �A-
Hyde Kellef LLP
City Attorney
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