ORD 1489 03/11/2025 Conditional use Permit for 1636 FM 1103 03/11/2025'City of Choice
ORDINANCE NO. 1489
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS GRANTING A
CONDITIONAL USE PERMIT FOR 4.0253 ACRES OF REAL PROPERTY
LOCATED AT 1636 FM 1103 TO ALLOW FOR LOCAL CONVENIENCE
STORE WITH FUEL SALES IN A STRUCTURE LARGER THAN 5,000
SQUARE FEET; 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 AND 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") 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") addressed as 1636 FM 1103; and
WHEREAS, the City Council finds that Fortune FM 1103 Cibolo Real Estate, LLC ("Owner")
owns approximately 4.0253 acres of land located within the corporate limits of the City, composed
of one parcel, addressed as 1636 FM 1103, Cibolo, Texas and described as ABS: 137 SUR: T
GARCIA 4.025 AC, ("Property"); and
WHEREAS, the City Council finds that the Property presently has a zoning classification of C-3
Retail/Office zoning district; and
WHEREAS, the City Council finds that Owner desires to build a 9,130 square foot structure to
be divided into four units with the larger unit of 5,500 square feet, being used as local convenience
store with fuel sales; and
WHEREAS, the City Council finds that fuel sales are permitted by right within the C-3
Retail/Office zoning district per Section 13.2 of the UDC; and
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WHEREAS, the City Council finds that Article 6.3.1(K)(5) provides that a Conditional Use
Permit ("CUP") is required if the structure for fuel sales exceeds 5,000 square feet; and
WHEREAS, the City Council finds that the Owner's representative, Julie Doan of Doan &
Associates, with authority granted by Samir Maredia on behalf of Owner, has submitted to the City
an application for a CUP to allow for a Local Convenience Store with Fuel Sales in a structure
over 5,000 square feet; 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 Local Convenience Store with Fuel Sales in a structure in excess of 5,000 square feet 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 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 the Planning and Zoning Commission determined 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
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WHEREAS, the City Council, having duly considered the request and all factors in 4.3.2 of the
UDC, desires to approve the CUP for Local Convenience Store with Fuel Sales.
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 addressed as 1636 FM 1103, Cibolo, Texas,
described as ABS: 137 SUR: T GARCIA 4.025 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 Local Convenience Store with Fuel
Sales 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. Retail/Office (C-3) Regulations: All regulations of the C-3 Retail/Office zoning district,
other than those amended by the Conditional Use Permit, apply to the Property.
e. TxDot Approval: The Property is along TxDOT right-of-way. Applicants must obtain
approval from TxDOT and include proof of approval with any development
applications submitted to the City of Cibolo.
f. Site Plan: A site plan in compliance with Section 12.3.2 of the UDC, must be submitted
to the City for review and approval.
g. Parking Requirements: The site plan must comply with off-street parking requirements
outlined in Section 10.2 of the UDC. Overnight parking is strictly prohibited.
h. Exterior Lighting: A lighting plan subject to the illumination standards of Article 7 of
the UDC must be submitted to the City for review and approval as part of 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.
i. Landscaping: A landscaping plan subject to the requirements of Article 17 of the UDC
must be submitted to the City for review and approval as part of the site plan
application.
j. Alcohol Sales: Any alcohol sales are subject to Texas Alcoholic Beverage Commission
rules and regulations.
k. Supplemental Use Regulations: All regulations of Section 6.3 of the UDC
Supplemental Use Regulations (K) Fuel Sales Business, other than those amended by
the Conditional Use Permit, apply to the Property.
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.
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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.
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.
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PASSED, APPROVED, and ADOPTED on this // day of AL,,� 2025.
ATTEST:
/�2
Peggy Cimics, TRMC
City Secretary
Hyde Ke ey LLP
City Attorney
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