ORD 1077 10/22/2013 O F C19
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"City of Choice"
ORDINANCE 10 7 7
AN ORDINANCE TO AUTHORIZE THE ISSUANCE OF A
CONDITIONAL USE PERMIT (CUP) TO ALLOW A SMALL ANIMAL
HOSPITAL SERVICE AT 3929 CIBOLO VALLEY DRIVE, SUITE 200,
CIBOLO,TEXAS; AND PROVIDING AN EFFECTIVE DATE.
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 a Small Animal Hospital
Service at 3920 Cibolo Valley Drive, Suite 200, Cibolo, Texas; and
WHEREAS, the proposed use is located in a Neighborhood Commercial (C-1) zoning district,
which expressly allows the proposed use only upon the issuance of a CUP; and
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, the Cibolo UDC stipulates that Conditional Use 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 3929 Cibolo
Valley Drive, Suite 200, Cibolo, Texas; with the first public hearing being conducted by the
Planning &Zoning Commission on Wednesday, October 9, 2013 at 6:30 p.m. in the Cibolo City
Hall; and, the second public hearing being conducted by City Council on Tuesday, October 22,
2013 at 7:00 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, 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 properties to be assigned
permanent zoning, 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 published in The Seguin
Gazette; and
WHEREAS,the City Council has determined and found that the proposed CUP application is in
accordance with the criteria stipulated in UDC Section 4.3.2; and
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 3929 Cibolo
Valley Drive, Suite 200, Cibolo, Texas, subject to the following conditions:
1. All operations shall be conducted.indoors.
2. Kenneling of animals shall be prohibited. However, animals that have received medical
treatment and require convalescence prior to their discharge may be housed at the clinic until
they have medical clearance from the veterinarian to be discharged.
3. The finish space shall be designed with noise reduction insulation to mitigate noise.
4. Prior to the issuance of a Certificate of Occupancy, the clinic shall obtain a license from the
Texas State Board of Veterinary Medical Examiners (TSBVME). The annual renewal of this
license shall be maintained and posted at the clinic and annual reports filed with the TSBVME
shall be available at all times at the business for inspection by the City of Cibolo.
5. The clinic shall be operated in accordance with all statutes administered by the Texas Animal
Commission, Texas Department of Public Safety/Health Department, Texas Commission on
Environmental Quality, Texas Insurance Code, Texas Parks and Wildlife Department and any
other applicable state statutes. Annual reports and a plan of operation that must be prepared
for the Texas Department of Public Safety/Health Department for the destruction of animals,
sanitation and medical waste disposal shall also be available to the City of Cibolo upon
request to ensure compliance with the terms of this CUP and applicable state regulations.
6. Prior to the issuance of a Certificate of Occupancy, a Plan of Operation shall be approved by
the City of Cibolo that addresses the following issues:
A. A contact plan with the City of Cibolo to ensure that the City has a reliable point of contact
in the event of an after hour emergency situation.
B. Details about how carcasses, sanitation and medical waste disposal will be handled,
including the daily disposal and/or indoor on premise containment of animal waste,
medical waste and general sanitation.
C. Animal handling and walking outside of the building with respect to sanitation and waste
management.
SECTION II.
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 HI.
THAT all other ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent that they are in conflict.
SECTION IV.
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 V.
THIS ordinance will take effect its passage, approval and publication as provided by law.
PASSED, APPROVED,AND ADOPTED THIS 22nd DAY OF October, 2013.
4Ni
Jennifer H an
Mayor, City of Cibolo -
ATTEST:
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Peggy Cimics
City Secretary, City of Cibolo