ORD 1089 02/25/2014 O f C 1 4s,
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ORDINANCE NO. 1089
AN ORDINANCE AMENDING ARTICLE 4.7.4.5 OF CITY OF CIBOLO ORDINANCE
#1048, COMMONLY REFERRED TO AS THE CITY OF CIBOLO UNIFIED
DEVELOPMENT CODE (UDC), PERTAINING TO THE REGULATION OF MULTI-
FAMILY RESIDENTIAL DEVELOPMENT IN THE FM 78 MIXED USE OVERLAY
DISTRICT; REPEALING ALL OTHER ORDINANCES IN CONFLICT; PROVIDING
FOR SEVERABILITY,AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, §212 of the Texas Local Government Code empowers the City of Cibolo to
establish,administer,enforce and amend Subdivision Regulations;and
WHEREAS, §211 of the Texas Local Government Code empowers the City of Cibolo
to establish,administer, enforce and amend Zoning Regulations; and
WHEREAS, the City Council of the City of Cibolo, Texas, adopted Ordinance 1048 on
February 26, 2013, adopting a Unified Development Code to improve the ability of the City to
protect the community health, safety and general welfare; and
WHEREAS, Article 3, Section 3.7 of the UDC allows the City of Cibolo to amend the UDC
as necessary, in accordance with the requirements of Chapter §211 of the Texas Local
Government Code to protect the community health, safety and general welfare; and
WHEREAS, two public hearings were held to discuss proposed amendments to Article 4,
Section 4.7.4.5 of the UDC, pertaining to the FM 78 Mixed Use Overlay District
Regulations; with the first public hearing being conducted by the Planning and Zoning
Commission on February 12, 2014 in the Cibolo City Hall; and, the second public hearings
being conducted by City Council on February 25, 2014 in the Cibolo City Hall; each being
conducted for the purpose of providing all interested persons the opportunity to be heard
concerning the proposed amendmentstotheUnified Development Code;and
WHEREAS, legal notice notifying the public of both public hearings and the section of the
UDC for which amendments will be considered, was published in the Seguin Gazette, a
newspaper of.general .circulation in the-City of Cibolo, on January 26 and January 29, 2014,
with said publications provided more than fifteen (15) days prior to the.initial public hearing of
the City Council as cited above; and
WHEREAS, the Planning and Zoning Commission recommended approval of proposed
amendments to Article 4, Section 4.7.4.5 of the UDC, pertaining to the FM 78 Mixed
Use Overlay District'Regulations; and
WHEREAS, the City Council fmds and determines that the proposed amendment to the UDC
Was fully reviewed by the Planning and Zoning Commission and accurately reflects the land
development policies of the City Council.
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS:
SECTION 1.
ADOPTION
(a) Article 4, Section 4.7.4.5.1 of the UDC, pertaining to the FM 78 Mixed Use Overlay
District Regulations, is herby amended as follows:
4.7.4.5.1 Permitted and Prohibited Uses
1. All uses described in the MURE district shall be permitted in this mixed use district, with the
exception of uses permitted in the I-1 and I-2 districts and any expressly prohibited MURE use;
subject to all of the performance standards, guidelines and standards of the- MURE .district,
including setbacks,. building height, buffers, and transitional standards. In addition to the
permitted uses of the underlying district, the following additional uses are permitted within the
FM 78 District boundary, as prescribed below:
A. Townhouse, apartment and condominium residential, to N tis-per- aEre developmet
density,.prov4ded giat this use takes aeeess ffem a loea4,pubhe poeet and not from a.eolleeteT
or arte-ria4 stfeas ped on the Thoroughfare re D'ffln. development may be permitted in this
overlay district only subject to the granting of a Conditional Use Permit (CUP)by Cit
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Council in accordance with all .of the Conditional Use Permit procedural requirements
specified in Article 3 of this UDC.
B. Vertical-Mixed Use: Upper-story residential.use is permitted, provided that the ground level
of the building, is occupied by non-residential uses, and subject to therg anting of a
Conditional Use Permit for said residential uses as described in Section 4.7.4.5.1.A of this
UDC.
SECTION 2.
SEVERABILITY
If any section,subsection, sentence, clause or phrase of this ordinance is for any reason held to be
invalid,such decision shill not affect the validity of the remaining portion of the ordinance;
and
SECTION 3.
REPEAL
All ordinances, or parts of ordinances, in conflict with any of the provisions.of this ordinance are
hereby repealed insofar as the same is in conflict with the provisions hereof, and
SECTION 4.
EFFECTIVE DATE
This ordinance shall.be effective from and after February 25, 2014.
PASSED AND APPROVED this,.the 25th day of February 2014.
Lisa M. Jackso ,Mayor
ATTEST:
Peggy Cimics, City Secretary