ORD 1120 01/13/2015 e. tl
X w:5
ORDINANCE 1120
AN ORDINANCE TO AUTHORIZE THE ISSUANCE OF A CONDITIONAL USE
PERMIT (CUP)TO ALLOW GENERAL WAREHOUSING DISTRIBUTION AND
OPEN AIR STORAGE AT 220 E. FM 78, CIBOLO,TEXAS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Texas Local Government Code Section 211.004 provides .that zoning regulations
and district boundaries must be adopted in accordance with a Comprehensive Plan and promote
the public health, safety and general welfare of the City; and
WHEREAS, Texas Local Government Code Section 211.02 authorizes the City of Cibolo, as a
home-rule municipality, to adopt, repeal or amend zoning district boundaries and regulate the
location and use of buildings and other structures for business and other purposes; and
WHEREAS, Section. 9.02 of the City Charter of the City :of Cibolo provides that the City
Council with the authority by ordinance to fix .City zoning district boundaries, and provide for
the alteration of said boundaries and to regulate the location and use of buildings and other
structures for business and other purposes in any manner provided by law; and
WHEREAS,the City of Cibolo received an application to allow general warehousing•
distribution and open air storage at 220 E. FM 78, Cibolo, Texas; and
WHEREAS, the.proposed.use is located in a General-Commercial (C-4) zoning district, which
expressly allows the proposed use only upon the issuance of a Conditional Use Permit ("CUP");
and
WHEREAS, the Cibolo UDC stipulates that CUP's may be granted subject to all procedural
requirements.of the zoning map amendment process, as stipulated in Texas Local Government
Code Section 211.006, and the CUP criteria stipulated in UDC Section 4.3.2; and
WHEREAS, two public hearings were held to discuss the issuance of a CUP at 220 E. FM 78,
Cibolo, Texas; with the first public hearing being conducted by the Planning & Zoning
Commission on Wednesday, December 10, 2014 at 6:30 p.m. in the Cibolo City Hall; and the
second public hearing-being conducted by City Council on Tuesday, January 13, 2015 at 6:30
p.m. in the-Cibolo City Hall; each being conducted-for the purpose of providing all interested
persons the opportunity to be heard concerning the proposed CUP; and
WHEREAS, legal notice notifying the public of both public hearings on the property requesting
issuance of a CUP, waspublished in the Seguin .Gazette, a newspaper- of general circulation in
the City of Cibolo, on November 23, 2014 and November 25, 2014, with said publications
provided more than fifteen(15) days prior to the public hearing before the City Council; and
WHEREAS, written notice was sent to each owner of real property, as indicated on the
approved tax roll- of.the City of Cibolo, within 200 feet of the property requesting issuance of a
CUP, with said notice provided more than ten (10) days prior to the initial public hearing of the
Planning and Zoning Commission as cited above; and
WHEREAS, the Planning and Zoning Commission recommended and the City Council,
therefore determined that the. proposed CUP application is in accordance with the criteria
stipulated in UDC Section 4.3.2.
NOW, THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS:
SECTION I.
THAT a Conditional Use Permit is granted for the property located at 220 E. FM 78, Cibolo;
Texas, subject to no additional conditions, a depiction of which is more specifically defined on
Exhibit"A".
SECTION II.
THAT the zoning map of the City of Cibolo is hereby amended to reflect the new zoning
designations created by this Ordinance,being more specifically defined on Exhibit`B".
SECTION III.
THAT all provisions of the Code of Ordinances of the City of. Cibolo not herein
amended or repealed shall remain in full force and effect.
SECTION IV.
THAT all other ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent that they are in conflict.
SECTION V.
THAT if any provisions of this ordinance shall be held void .or unconstitutional, it is
hereby provided that all other parts of the same which are not held void or unconstitutional shall
remain in full force and effect.
SECTION VI.
THIS ordinance will take effect its passage, approval and publication as provided by law.
EXHIBIT A: Conditional Use Permit Exhibit(Legal Description)
COUNTY ROAD5 MR p
XLW 71E9 ow Aa
MCIno3 t
iooY�[.,��) LEGEND
n;
w S fA'S0b0'r ASt.77'(F.u.J v S:
'rail • ow;raw1a ;(eyaaa H
o I cx.rt
uNM
1010""
KM
/ 3.9158 ACRES 1 iil C$Io
(170,573.4 SQ.FT•)
VOL 561, PG.301 .a
DEED RECORDS
CM
n toga 8 O ���) �� � o•
a G�
NORRIS W. HANILTON O
OQ
tl G� GARY L. WEAVER O n
OG
02/20/07 F
_ VOL.561, PG. 30!
° > W
Wt
Y-
1 !/C� 0 e�
•L
ll + 4
N 7704%215.03 F.M.( .t a
:+ur;cox) uK
k
>J
s UYY'S-CS
SK
00.0 RC7t:Sj a: •�
u� ea a
•;z r �L j'. 2t � R �
ui
MAL 4
if 6.�M [.. ••N �%
I a
4L ACi[S xC I <^
JIIdS.ML.YOfiJ�
F 4 a,s KK
RECEIVED :ti3
ORJ r:C 31 �� •O
I �) 14
cmWOV 2 5 2014 `
X a IC N CITY OF CIBOLO a§
2: W
HOOD NOTE11
Mr°
PORNO'S OF NIS PROWY LIE MIN ME'AE'
AND 20NE'M'ACCORDING EO to FIRM PANEL
N0.481eco2w.Fol ONADALIFE COVn.1E7G.S s•k a
AFFECT YE GAR WV.2,2007 ?sk
EXHIBIT B: Updated Official Zoning Map - City Of Cibolo, Texas
mm
�# rre�.r�r.wam
n
w werrwe
7EII�u1rYOL
T�,a..- • �rY�I�o].7W nnr
� . • rvn,u
�3
,Tow.n Center ••'"^
q........
N
n !h
a �
r
i
OFFICUL ZONING AL1I' •n.rrrdhrrrambne�+err,rrrw.q.�or�•.a
a,s,.r..n.er�srolrrrw• r.ur.e o.er�.rc.e wn.
CITY OF CIBOLO j.. .n.ra eraeerowr._e.—_—a erarc..,aarr
Jammy 13.2015 .' Waccm rs•
�'� ewrro
uue.radon wTor
� Taro .mn
Air[sl
�% •EOOPOO.a1YEQKTMV
Fels Bar IBE
PASSED,APPROVED,AND ADOPTED THIS 13th DAY OF Janua , 2014.
Lisa M. Jackson
Mayor, City of Cibolo
ATTEST:
ZL/ 99'7
Peggy Cimics
City Secretary, City of Cibolo