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ORDINANCE NO. 113 7
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, AMENDING ORDINANCE
#1048, COMMONLY REFERRED TO AS THE CITY OF CIBOLO UNIFIED
DEVELOPMENT CODE (UDC) BY AMENDING SECTION 18.13 (ENTITLED
"TRAFFIC IMPACT ANALYSIS) BY ADOPTING AN EXPIRATION DATE FOR
TRAFFIC IMPACT ANALYSIS'S; PROVIDING FOR ADOPTION; REPEALING ALL
OTHER ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Cibolo has adopted the UDC, in part to lessen congestion in the streets
and provide convenient, safe and efficient circulation for vehicular and pedestrian traffic and any
other form of circulation and facilitate the adequate and efficient provision of transportation,
water, wastewater, schools, parks, public safety and recreational facilities, and other public
facilities and services; and
WHEREAS,to further the aforementioned purposes and to protect the public health, safety
and welfare generally the City of Cibolo specifically adopted UDC Section 18.13, which
requires a Traffic Impact Analysis (TIA) for certain developments; and
WHEREAS,the City Council of the City of Cibolo, Texas, finds, recent population growth and
increase development has caused rapid increases in volumes vehicular traffic on the City's
streets and highways, which makes it necessary for the City Engineer and City Planner to have
relatively current information when making rough proportionality determinations of new
development's impact on public infrastructure; and
WHEREAS,pursuant to Article 3, Section 3.7(c):
(a) the City Manager has directed this proposed amendment to the City Planner and City
Engineer for review; who, after such review have recommended the proposed
amendment be considered by the Planning and Zoning Commission and City Council;
and
(b) upon the City Manager's recommendation the Planning and Zoning Commission held
a public hearing to receive testimony and comments regarding the merits of the
proposed amendment and, at the conclusion of the public hearing, and made written
recommendations regarding the proposed amendment; and
(c) upon receiving the Planning and Zoning Commission's written recommendations
the City Council has held a public hearing to receive testimony and comments
regarding the merits of the proposed amendment; and
WHEREAS, the City Council, after considering the recommendations of the City Manager and
the Planning and Zoning Commission, as well as the public comments and testimony received at
the public hearing, finds proposed amendment:
(a) promotes the health, safety, or general welfare of the City and the safe, orderly, efficient
and healthful development of the City;
(b) is consistent with other policies of this UDC and the City; and
(c) is consistent with the goals and objectives of this UDC and the City.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS:
SECTION I.
RECITALS
THAT the recitals contained in the preamble hereof are hereby found to be true, and such
recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the
judgment and findings of the Council.
SECTION II.
UDC TEXT AMENDED
THAT UDC Section 18.13 (entitled "Traffic Impact Analysis (TIA)") is hereby amended by
adding to subsection 2., (entitled "TIA Requirement") the language that is underlined
(underlined) as follows:
2. TIA Requirement. A TIA is required to be submitted for City approval at the time of
platting and/or site plan review for those developments, that are expected to meet any
traffic threshold level of change described below. The City reserves the right to
require a TIA for land developments that do not meet the threshold requirements,-but
may impact a sensitive area with traffic issues or may be a known public concern.
• More than one hundred(100)Peak Hour Trip (PHT) generation.
• More than five thousand(S,000) vehicle trips per day generation.
• More than one hundred(100) acres of property is involved.
• Any changes or alterations to the Cibolo Future Thoroughfare Plan.
• Land uses that have unusually high traffic generation, or fleet vehicle,
characteristics.
(a).In the event that a land development proiect for which a TIA is required under
this Section is not completed within ave f5) years from the date of submission of
the TIA to the City, the TIA shall expire and a new TIA shall be required, and the
completion of the development project shall be analyzed based on the new TIA.
For phased land projects where the time to build out all phases exceeds five (S)
years an interim phase that occurs prior to the five year (5) expiration of a TIA
shall be analyzed based on the existiL?g TIA• however, phases that shall be
completed after the the five year (5) expiration of a TIA shall be analyzed based
on the new TIA.
Note: For the purposes of Texas Local Government Code Chapter 245, a TM submission to the
Ci is a permit submission and TIA'S expire five Q years after such submission.
SECTION III.
SEVERABILITY
THAT if any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
SECTION IV.
REPEAL
THAT, all ordinances and codes, or parts thereof, which are in conflict or inconsistent with any
provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions
of this Ordinance shall be and remain controlling as to the matters resolved herein.
SECTION V.
PUBLIC MEETING
It is officially found, determined, and declared that the meeting at which this Ordinance is
adopted was open to the public and public notice of the time, place, and subject matter of the
public business to be considered at such meeting, including this Ordinance, was given, all as
required by Chapter 551, as amended, Texas Government Code and Chapters 211 and 212 of the
Texas Local Government Code.
SECTION VI.
EFFECTIVE DATE
THIS ordinance will take effect its passage, approval and publication as provided=by law..
PASSED AND APPROVED this,the day of 2015.
Lisa M. Jackson, Mayor
ATTEST:
Peggy Cimics, City Secretary