ORD 1486 02/11/2025 Granting Cond. al use permit 277 sur: j n Richardson"City of Choice'
ORDINANCE NO. 1486
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS GRANTING A
CONDITIONAL USE PERMIT FOR 3.93 ACRES OUT OF 12.763 OF REAL
PROPERTY DESCRIBED AS ABS: 277 SUR: J N RICHARDSON 12.7630
AC, ADDRESSED AS 21105 OLD WIEDERSTEIN ROAD TO ALLOW FOR
CONVENIENCE STORAGE 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:
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.
WHEREAS, the City Council of the City of Cibolo ("City Council") finds 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 David Marbach ("Owner") owns approximately 12.763
acres of land located within the corporate limits of the City, composed of one parcel, described as
ABS: 277 SUR: J N RICHARDSON 12.7630 AC, and generally located at 21105 Old Wiederstein
Road ("Property"); and
WHEREAS, the City Council finds that Owner has sought a Conditional Use Permit ("CUP") for
a 3.93 acre portion of the Property; and
WHEREAS, the City Council finds that the Property presently has a zoning classification of
Retail/Office (C-3); and
WHEREAS, the City Council finds that the Owner intends to use the convenience storage use as
part of a large-scale commercial development to be developed on the remaining part of the
Property.
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WHEREAS, the City Council finds the Property contains an existing structure, and Owner plans
to use a portion of such structure as a part of a development of the large-scale commercial
development on the remainder of the Property; and
WHEREAS, the City Council finds the Owner is proposing to construct a three-story building to
serve the public as a convenience storage business; and
WHEREAS, the City Council finds Article 13 of the UDC allows convenience storage uses within
agriculturally zoned properties with the approval of CUP; and
WHEREAS, the City Council finds that the Owner's representative, Jonathan McNamara, Matkin
Hoover Engineering, has submitted to the City an application for a CUP to allow 3.95 acres of the
Property to be improved to conduct a convenience storage business use on the Property; and
WHEREAS, the City Council finds that, pursuant to Sections 4.3.1.5 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 Convenience Storage 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 4.3.1.5. 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
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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
Convenience Storage use, with conditions.
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 3.93 acres out of ABS: 277
SUR: J N RICHARDSON 12.7630 AC, both depicted in Exhibit A attached hereto and
incorporated herein for all purposes.
SECTION 3. CUP Granted. A CUP for the conditional use of Convenience Storage 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:
1. Site Plan —A site plan in compliance with UDC Sec. 12.3.2 must be submitted for
review and shall not substantially deviate from the concept plan approved with the CUP.
2. Building & Fire Codes —Applicant must comply with all Building and Fire Code
requirements.
3. Permits & Inspections —All required building permits and Certificate of Occupancy
must be obtained. All permit applications submitted for this property are subject to the
requirements of the Code.
4. Additional Uses — No other conditional uses are allowed under this conditional use
permit.
5. Recordation of Plat —A subdivision plat must be submitted for review and approval
with the City of Cibolo and recorded upon completion.
6. Retail/Office (C-3) Regulations - All regulations of the Retail/Office (C-3) Zoning
District, other than those amended by the Conditional Use Permit, apply to the Property.
7. Review fees - All fees associated with the review and processing of the application
must be paid in full.
8. CUP Applicability — This Conditional Use Permit for Convenience Storage applies
only to the 3.93 -acre portion of the 12.7630 -acre tract, described as part of the J N
Richardson Survey, Abstract 277, Guadalupe County, Texas. The conditional use of
Convenience Storage must be developed in accordance with the concept plan for the
approved CUP.
9. Landscaping - A landscaping plan subject to the requirements of Article 17 of the
UDC must be submitted to the City of Cibolo for review and approval as part of the site
plan application. All landscaping must be completed pursuant to an approved landscaping
plan prior to the issuance of a Certificate of Occupancy.
10. Exterior Lighting —A lighting plan subject to the illumination standards of Article
7 of the UDC must be submitted to the City of Cibolo for review and approval as part of
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the site plan application. The plan must ensure that light pollution, glare, and trespass are
minimized, with illumination at the property lines limited to one (1.0) foot candle. All
lighting must be completed pursuant to an approved lighting plan prior to the issuance of a
Certificate of Occupancy.
11. Exterior Architectural Elements — Building plans submitted to the City of Cibolo
for review and approval must be consistent with and shall not substantially deviate from
the architectural elevations and renderings approved with the CUP for Convenience
Storage. Exterior building colors must adhere to the Sherwin Williams Historic Color
Palette per Section 8.3.2.B of the UDC and be compatible with the colors of nearby
buildings along Old Wiederstein Road.
12. Emergency Access Easement — An egress/ingress easement must be established to
provide secondary emergency access for both the subject property and the adjacent
property to the rear off FM 1103. This easement must be depicted on the recorded
subdivision plat and included as a plat note to ensure the egress/ingress easement extends
from the front property line on Old Wiederstein Road, southward across the subject
property, to the rear property line shared with the adjacent property off FM 1103.
13. Detention Facility — Onsite detention is required, as shown on the concept plan. A
plat note must be included on the recorded subdivision plat stating that the maintenance
and upkeep of the proposed detention pond and all onsite drainage improvements are the
sole responsibility of the property owner's association (POA).
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.
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.
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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 111 day of February 2025.
ATTEST:
Peggy Cimics, TRMC
City Secretary
Mark Allen
Mayor
APPROVED AS TO FORM:
Hyde KelW LLP
City Attorney
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