ORD 1479 01/14/2025 Conditional use Permit for 2090 Pfannstiel Ln.J of C/a
O
l
U � O
TC%0,5
'City of Choice
ORDINANCE NO. 1479
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS GRANTING A
CONDITIONAL USE PERMIT FOR 10.15 ACRES OF REAL PROPERTY
LOCATED AT 2090 PFANNSTIEL LANE TO ALLOW FOR
MANUFACTURED HOME RESIDENTIAL USE; 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 SAVINGS, REPEAL, SEVERABH.ITY, 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, the City Council of the City of Cibolo ("City Council") fords that Texas Local
Government Code Chapter 211 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 Council finds that the City has adopted such regulations as codified in the
City's Unified Development Code ("UDC"); and
WHEREAS, the City Council finds that Spillers Farm and Ranch, LLC ("Owner") owns
approximately 10. 15 acres of land located within the corporate limits of the City, composed of two
parcels, described as ABS: 272 SUR: JOSE 8.6500 AC AND ABS: 272 SUR: JOSE ROSA 1.5000
AC, and generally located at 2090 Pfaanstiel Lane ("Property"); and
WHEREAS, the City Council fords that the Property presently has a zoning classification of
Agricultural AG; and
WHEREAS, the City Council finds that the Property contains an existing structure, and Owner
desires to stop using such structure as a dwelling unit and replace it instead with a manufactured
home; and
WHEREAS, the City Council fords that Article 13 of the UDC allows manufactured homes
residential uses within agriculturally zoned properties upon approval of a Conditional Use Permit
("CUP"); and
Page 1 of 5
WHEREAS, the City Council finds'that the Owner's representative, John Spillers, has submitted
to the City an application for a CUP to allow Manufactured Home Residential use on the Property;
and
WHEREAS, the City Council finds that, pursuant to Sections 4.3.2 and 4.3.1.1 of the UDC, said
application was submitted to the City with proof of ownership and authorization to file such
application; and
WHEREAS, the City Council finds that 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 Manufactured Home Residential use on the Property in accordance with state and local law;
and
WHEREAS, the City Council finds that 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 that 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 that 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 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 duly considered the request, desires to approve the CUP for
Manufactured Home Residential use.
Page 2 of 5
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: 272 SUR: JOSE 8.6500
AC AND ABS: 272 SUR: JOSE ROSA 1.5000 AC, is depicted in Exhibit A attached hereto and
incorporated herein for all purposes.
SECTION 3. CUP Granted. A CUP for the conditional use of Manufactured Home Residential
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 & Fire Codes — The Property must comply with all Building and Fire Code
requirements.
b. Permits & Inspections — All required building permits and a Certificate of Occupancy
must be obtained. All permit applications submitted for the Property are subject to the
requirements of the Code.
c. Additional Uses — No other conditional uses are allowed under this CUP.
d. Recordation of Plat — A subdivision plat must be submitted for review and approval
with the City of Cibolo and recorded upon completion.
e. AG Regulations - All regulations of the Agricultural Zoning District, other than those
amended by the CUP, apply to the Property.
f. Affidavit from Owner — A signed affidavit from the Owner stating that the existing
structure on the Property will not be used as a dwelling unit is required.
g. Additional Structure — The existing structure on the Property may not be used as a
dwelling unit.
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. 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 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.
Page 3 of 5
SECTION 8. 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 9. 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 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 ($2,000.00). 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 upon the required newspaper
publication.
PASSED, APPROVED, and ADOPTED on this 14th day of January 2025.
ATTEST:
�9i.1 ,�vr
Peggy Cimics, TRMC
City Secretary
cV&�Attorney
c.x(A Pti
Page 4 of 5
Exhibit A
111 '
7s�-z ✓
Tote:
0 indicates iron stake found.
a ° • mt.
I¢•B4 9a.
r
M D
16 No. a
X39 �A'�f
4/S A� 3
/Y'N69pN
e
DIE 1Wi ctllflM TWL. b11ID ta.ta IGRES IR p
0® TROY An Ia:H.EI SPIIAS CAeL wr
sPNFRS Na R0,9 fiF.3PltE34 ro SRLLIIts M
FMY t R.9cR ILC. A 2. V LURW IS613
t cwmes ox oe-cr-2s n 2ct.sso,aRi1 a�
a
SE6urd �',va , A
FAT W PA@ OF MM )RUM SMIERS
Swum raTAe - 76 URR TRACT SiTOlTA1 21 TER JOSE
OCTOBER 2111983 RDSA BMW. A.272° MuArmm 00wrr,
TBTAS.
I E:OBRrLPT ren: Tae S V, q. " ..- Seale 1° . YOD•
PLTT sOM � aaPaaeaVll �f.14. e
TER RESULTS OF AE ca-Tea-GPOUaU .....................
�.. �........>. Called 76 NO. comgad b 1erma
,paver aenz, umza ar auP8aP263s. KEN L REINa16ER 1sabP Saobe at .1 m Nasal epl33Ar.
IN ...................yv.. et aE° NO. M at p. 9R of TLa Dead
PROPOSE _ PRe , r ��9P FBat3 'T AeealMa.
A�J� tT- 4O 8U� ADDRESS'. 2M PFANNSEK IANE
;j � BETI'ERSWORTH & ASSOCIATES, INC.
Caecaa•P t I I FAST MOUNTAIN STREET, SEOVIN. TETAS 781,5
Ea®Ia, Tma Ta155 PN: 8303795552 ElAAi teng teKaswarll,os 'C=
vmvc Pww.n,nv
r.0 ua a..amo...em3x..o wow+.no+, n„vmev.Rss w,nn moam mswsrm.
Page 5 of 5