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ORD 1501 08/12/2025 Amending the city code (UDC), 2024 Edition, Atricle 19C B J 0 �r o TCXis 'City of Choice ORDINANCE NO. 1501 AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, AMENDING THE CITY OF CIBOLO UNIFIED DEVELOPMENT CODE (UDC), 2024 EDITION, ARTICLE 19 — GENERAL SUBDIVISION STANDARDS, SECTION 19.9 "DRAINAGE AND FLOOD HAZARDS," SUBSECTION C "GENERAL PROVISIONS," SUBSECTION 1 "LAND TO WHICH THIS SECTION APPLIES," TO CLARIFY EXEMPTIONS FOR HISTORICAL TRACTS WITHIN THE CITY AND ITS EXTRATERRITORIAL JURISDICTION; AND, AMENDING ARTICLE 20 — SUBDIVISON REGULATIONS, SECTION 20.1.9 "PLATTING NOT REQUIRED," ADDING A HISTORICAL TRACT EXEMPTION; AND, REVISING ARTICLE 10 — PARKING AND LOADING SPACES, SECTION 10.2.1 "OFF-STREET PARKING" AND SECTION 10.6.5 "SURFACING AND MAINTENANCE," ADDING EXCEPTIONS FOR PROPERTIES IN THE OLD TOWN MIXED USE OVERLAY DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cibolo ("City Council") finds that the Texas Local Government Code authorizes the City of Cibolo ("City"), as a home -rule municipality, to adopt, repeal or amend laws 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 Planning and Zoning Commission of the City of Cibolo ("Planning and Zoning Commission") conducted a public hearing on July 9, 2025, regarding amending the UDC to allow historical tracts in the Old Town Mixed Use Overlay District to be exempt from platting, drainage study, and off-street parking requirements, and thereafter moved to recommend to City Council that such amendments be approved; and WHEREAS, the City Council conducted a public hearing on July 22, 2025, regarding the amendments proposed herein; and WHEREAS, the City Council and the Planning and Zoning Commission have determined that the proposed amendment to the UDC is better in line with the intent of the Old Town District regulations to allow certain historically established tracts, parcels, and land divisions, recorded Page 1 of 5 prior to 1965, continue to be served by existing public utilities and should be afforded exemptions from platting, drainage, and parking where appropriate; and WHEREAS, the City Council has considered the effect of these UDC amendments and has determined them to be appropriate, necessary, and in the public's interest to address these historical tracts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION 1. Incorporation of Recitals. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. SECTION 2. Amendment to UDC Article 19. From and after the effective date, Section 19.9 Drainage and Flood Hazards, of the 2024 Edition of the City's UDC, shall be amended as set forth herein (additions underlined) and shall hereinafter read as follows: ARTICLE 19 — GENERAL SUBDIVISION STANDARDS Section 19.9 — Drainage and Flood Hazards C. General Provisions 1. Lands to Which This Section Applies. These requirements shall apply to all areas within the City and its extraterritorial jurisdiction.- except for those lands described in Article 20, Subdivision Regulations, Section 20.1.9, "Platting Not Required." This exemption applies exclusively to existing structures. However, if the cumulative square footage of all existing structures is increased by more than thirty (30) percent, this exemption shall no longer apply. A property owner cannot change the natural flow of surface water so as to increase the burden on the lower landowner. If your property naturally drains water Page 2 of 5 in a certain direction, you generally cannot change your grade or slope to increase runoff onto the neighboring property. NOTE: All remaining sections in Article 19 of the UDC shall remain unchanged SECTION 3. Amendment to UDC Article 20. From and after the effective date, Section 20.1.9 Platting Not Required, of the 2024 Edition of the City's UDC, shall be amended as set forth herein (additions underlined) and shall hereinafter read as follows: ARTICLE 20 — SUBDIVISION REGULATIONS Section 20.1— General Section 20.1.9 — Platting Not Required. The provisions of this Article shall not apply to: I. Historical tracts, parcels, portions, or divisions of land having a boundary fully described by one (1) or more title transfer instruments executed before January 1. 1965; and, on or after such date there has been no executions of title transfer instruments such that these instruments could subject such parcel to boundary alterations; and, electrical, water, and wastewater lines shall be directly accessible to the parcel without extension of public infrastructure; and, access to the subject parcel shall be established by a public right-of-way easement that is a minimum of 30 feet wide and is improved to an extent sufficient to allow reasonable usage by typical passenger vehicles; and, all property taxes are current ana all municipal fees are paid. These_ historical tracts may secure building permits and certificates of occupancy prior to the approval of a subdivision plat by the Planning and Zoning Commission or the City Council. Recording of a subdivision plat in the Guadalupe County Clerk's Office shall not be required for such tracts to obtain building permits or certificates of occupancy. Within the Old Town Mixed Use Overlay District, this exem to ion shall include an exception to the requirements for Maximum Lot/Impervious Coverage described in Article 4, Zoning Regulations, Section 4.7.4.4.2.F. NOTE: All remaining sections in Article 20 of the UDC shall remain unchanged SECTION 4. Amendment to UDC Article 10. From and after the effective date, Section 10.2.1 Off -Street Parking, and Section 10.6.5 Surfacing and Maintenance, of the 2024 Edition of the City's UDC, shall be amended as set forth herein (additions underlined) and shall hereinafter read as follows: ARTICLE 10 — PARKING AND LOADING SPACES Page 3 of 5 Section 10.2 — PARKING REQUIREMENTS 10.2.1— Off -Street Parking The following table lists minimum off-street parking requirements by use. In instances in which the listed use differs from the uses established in Table 1: Off -Street Parking Requirements, the City Manager or designee shall determine the appropriate classification for this table. The area designated as "Old Town" shall be exempt from required parking established in Article 10. Should parking be provided on a property located within Old Town the parking design regulations in Section 10.6. Parking Space and Parking Lot Design, shall apply. Section 10.6 — Parking Space and Parking Lot Design 10.6.5 — Surfacing and Maintenance A. All off-street parking areas, drive aisles, internal roadways, and loading areas for uses shall always be paved and kept in a dust -free condition. The use of pervious and/or semi -pervious materials is permitted provided the areas are always kept in a dust free condition. B. Parking lot pavement shall be designed in accordance with the Pavement Specification requirements of the Cibolo Design and Construction Manual for a Type A street, without bus traffic. The City Engineer reserves the right to increase the pavement standards to a higher classification if the specific use of the site warrants a greater pavement structure reliability level. C. Off-street parking areas, drive aisles, internal roadways, and loading areas within the Old Town Mixed Use Overlay District shall comply with the paving material standards established in this Section. However, where a site is properly graded and engineered to direct surface drainage away from the public right—of—way alterative paving materials may be permitted as an exception to the standard requirement. Examples of alterative paving materials are: permeable/porous paving systems, gravel, crushed stone, grass pavers, turf reinforcement, recycled materials (aggregate or plastic pavers filled with gravel), clay brick pavers, resin -bound aggregate, compacted soil with stabilizers. Such alternative materials must demonstrate durability and dust control. Approval of alternative paving materials is subject to review and authorization by the Planning Director and City Engineer. NOTE: All remaining sections in Article 10 of the UDC shall remain unchanged 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 accred at the time of the effective date of this Ordinance; and such accrued violations and litigation, both civil and criminal, whether Page 4 of 5 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 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 UDC in the next appropriate update. 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. Effective Date. This Ordinance shall take effect immediately upon its passage and publication as required by law. ATTEST- Peggy TTES� Peggy Cimics, TRMC, City Secretary day of 1Ivgv.3- 2025. APPROVED AS TO FORM: /4& DENTON NAVARRO RODRIGUEZ BERNAL SANTEE & ZECH, PC, City Attorney Page 5 of 5