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"CITY OF CHOICE"
ORDINANCE NO. q�D�
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS,
AMENDING THE CITY OF CIBOLO CODE OF ORDINANCES UNIFIED
DEVELOPMENT CODE, ARTICLE 6 ZONING REGULATIONS, TO PROVIDE
POLICIES AND PROCEDURES AS ALLOWED UNDER THE TEXAS LOCAL
GOVERNMENT CODE REGULATING THE SITE PLAN REVIEW PROCESS,
MODIFYING THE LANDSCAPING REQUIREMENTS IN INDUSTRIAL ZONING
DISTRICTS; ESTABLIGHING HEIGHT LIMITATIONS FOR NON-RESIDENTIAL
LIGHT STANDARDS; MODIFYING THE FENCING RESTRICTIONS; AND
ESTABLISHING AN OFF-STREET PARKING REQUIREMENTS FOR DAY CARES;
PROVIDING A SAVINGS CLAUSE AND FOR THE REPEAL OF ALL OTHER
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
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 deems it necessary for the purposes of
the community health, safety and welfare to enact such an ordinance; and
WHEREAS, the City Council of the City of Cibolo, Texas, through its adoption of A Unified
Development Code has determined the necessity to regulate the Site Plan Review process; require
the installation of landscaping in Industrial zoning districts; regulate the height of non-residential
light standards, regulate fencing; and establish an off-street parking requirement for day cares;
and
WHEREAS, the Planning and Zoning Commission of the City of Cibolo, Texas,pursuant to the
provisions of §211 of the Texas Local Government Code, upon being provided additional
information with respect to necessity to regulate the Site Plan Review process; require the
installation of landscaping in Industrial zoning districts; regulate the height of non-residential
light standards, regulate fencing; and establish an off-street parking requirement for day cares;
has recommended appropriate regulations to be enforced with respect to each these zoning
matters to the City Council; and
WHEREAS, the City Council of the City of Cibolo,Texas has given reasonable consideration to
the contemplated language recommended by the Planning and Zoning Commission to regulate the
Site Plan Review process; require the installation of landscaping in Industrial zoning districts;
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regulate the height of non-residential light standards, regulate fencing; and establish an off-street
parking requirement for day cares; with a view to conserving the value of property by
encouraging the appropriate use and design of property throughout the City; and
WHEREAS, the City Council of the City of Cibolo, Texas has given due notice as required
under§211 of the Texas Local Government Code relating to these provisions as required; and
WHEREAS, the City Council of the City of Cibolo, Texas conducted a public hearing on July
26, 2011, as required under§211 of the Texas Local Government Code,to allow public testimony
relating to these provisions; and
WHEREAS, the City Council of the City of Cibolo, Texas has met all requirements of§211 of
the Texas Local Government Code amending said Zoning Regulations.
NOW TI ERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO,TEXAS,THAT:
SECTION 1.
REPEAL AND ADOPTION
(a) City of Cibolo Code of Ordinances Appendix A, Unified Development Code, Article 6,
Zoning Regulations, Chapter 13, Site Plan Review; shall be amended to read as follows
in attached"Exhibit A."
(b) City of Cibolo Code of Ordinances Appendix A, Unified Development Code, Article 1,
Appendix A, Landscaping and Buffering Requirements; shall be amended to read as
follows in attached"Exhibit B."
(c) City of Cibolo Code of Ordinances Appendix A, Unified Development Code, Article 6,
Zoning Regulations, Chapter 6, Zoning Use Regulations; shall be amended to read as
follows in attached"Exhibit C."
(d) City of Cibolo Code of Ordinances Appendix A, Unified Development Code, Article 6,
Zoning Regulations, Chapter 9, Fences, Screening and Exterior Design Standards; shall
be amended to read as follows in attached"Exhibit D."
(e) City of Cibolo Code of Ordinances Appendix A, Unified Development Code, Article 6,
Zoning Regulations, Chapter 11, Off-Street Parking and Loading Requirements; shall be
amended to read as follows in attached"Exhibit E."
SECTION 2.
PUBLIC NOTICE
Whereas the City of Cibolo notified the public regarding the time,place,and subject matter of
public hearings as required by the Texas Local Government Code §211; and
SECTION 3.
SEVERABILITY
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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 portions of this ordinance; and
SECTION 4.
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 5.
SAVINGS
All rights or remedies of the City of Cibolo, Texas, are expressly saved as to any and all
violations of any Zoning Ordinance or amendments thereto, of said City of Cibolo that have
accrued at the time of the effective date of this ordinance; and as to such accrued violation, the
court shall have all the powers that existed prior to the effective date of this ordinance; and that
all existing or previous Zoning Ordinances which would otherwise become non-conforming uses
under this ordinance but shall be considered as violations of this ordinance in the same manner
that were violations of prior Zoning Ordinances of said city; and
SECTION 6.
EFFECTIVE DATE
This Ordinance shall be effective upon the approval of the City Council of the City of Cibolo,
Texas.
PASSED AND APPROVED this 9th day of August 2011.
SIGNED:
41! 4.7t4-714-a.A4.,
J4 'ter man,Mayor
City of Ci.olo,Texas
ATTEST: � F
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Peggy Cimics, City Secretary
City of Cibolo,Texas
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EXHIBIT A
13.2 Site Plan
13.2.1 Approval Process
A Site Plan shall be required for development within any nonresidential district or
use and any multi-family residential district or use. The approval process for a Site
Plan shall generally be reviewed by the City Planner and City Engineer with
recommendation to the Planning and Zoning Commission, for their final
consideration. For the purposes of this Zoning Ordinance, the term "required
plan(s)" is intended to refer to any of the plans specified in this Zoning Ordinance,
as applicable.
13.2.1.A Criteria for Approval
The Community Development Services Department, in review of all site plans, shall
adhere to the following criteria: -
1. The Site Plan is consistent with the general purpose and intent of applicable
zoning district regulations;
2. The Site Plan is compatible with adjacent developments and neighborhoods and
includes improvements to mitigate development related adverse impacts;
3. The Site Plan does not generate pedestrian or vehicular traffic which will be
hazardous or conflict with the existing traffic patterns in the area;
4. The Site Plan incorporates features to minimize adverse effects on adjacent
properties;
5. Adequate capacity of public and/or private facilities for water, sewer, electricity and
transportation to and through the development is provided to the site-,
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6. The proposed use and associated Site Plan promote the health, safety or general
welfare of the City and the safe, orderly, efficient and healthful development of
the City.
13.2.1.B Approval Procedures
1. A Site Plan shall be required for development in any nonresidential district, for any
non-residential use and for any multi-family residential district or use. The review
process for a Site Plan shall only begin once the City of Cibolo has determined
that all application completeness requirements, site plan content requirements
and submission requirements stipulated in Section 13.2 and 13.3 of this ordinance
have been satisfied.
2. Upon finding that the site plan is complete, the site plan shall be reviewed by the
City Planner, Building Official, Fire Marshal, Public Works Department, City
Engineer and any other pertinent reviewing agency with jurisdiction, in
accordance with the criteria stated above. Upon the completion of the initial review ,
process, the City. of Cibolo will provide written comments citing any deficiencies
with the site plan. The site plan may then be amended and resubmitted to correct
any deficiencies.
3. If the site plan is complete and satisfies all applicable requirements, the site plan
shall be administratively approved by the Zoning Administrator of the City of
Cibolo.
4. If the site plan is denied by the City of Cibolo, the City of Cibolo shall stipulate in
writing the reason(s) for the denial of the site plan. If the cause for denial is based
on any of the criteria described in Section 13.2.1, the applicant can appeal the
decision of the Zoning Administrator to the Planning and Zoning Commission for a
final determination. If a site plan is denied based on the failure of the site plan to
comply with a specific development standard of the Zoning Ordinance, the
applicant may pursue relief through the Board of Adjustments.
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Exhibit B
2.0 Installation and Maintenance
9. Irrigation:
a. All landscaped areas shall be irrigated with an approved automatic
underground irrigation system unless the landscaped area has been
designed utilizing xeriscaping methods. All irrigation systems shall be
designed and sealed in accordance with the Texas Commission on
Environmental Quality (TCEQ) and shall be professionally installed. Irrigation
shall not be required for undisturbed natural areas or undisturbed existing
trees.
b. Flat spray heads should be utilized under shrubs rather than upward spray
heads on risers above shrubs. Lawn spray heads should have low
precipitation rates, run for longer periods of time, and water infrequently to
promote deep root growth for grasses. Irrigation systems must be equipped
with a rain/freeze sensor.
c. The 20% landscaping requirement for multi-family or nonresidential
development, and the 10% landscaping requirement for industrial districts,
may be reduced to 15% and 7%, requirements respectively, for those
developments where 67% of the total required landscaping is devoted to any
combination of the following:
i. Undisturbed natural areas or undisturbed existing trees,
ii. Xeriscape landscape design,
iii. Incorporate porous hose, deep pipe, clay pot lid, porous capsule,
perforated drain pipe, Micro catchment, drip, wick or other comparable
alternative irrigation systems for arid climates, or
iv. Utilize reclaimed, recycled, gray water, non-potable surface water,
rainwater or alternative water harvesting systems in accordance with
Texas Commission on Environmental Quality (TCEQ) standards and the
adopted plumbing code.
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4.0 Landscape Installation Required
1. A minimum of twenty percent (20%) of the total land area of any proposed
multifamily or nonresidential development, excluding industrial development,
shall be landscaped and shall be comprised of trees, shrubs, sod or other ground
cover. In the event of the construction of a phased development, the minimum
twenty percent (20%) and ten (10%) requirements shall apply to each phase as it
is developed.
2. For industrial development, a minimum of ten percent (10%) of the total land area
shall be landscaped and shall be comprised of trees, shrubs, sod or other ground
cover. In the event of the construction of a phased development, the minimum
ten percent (10%) requirement shall apply to each phase as it is developed.
3. Landscaping required to satisfy the 20% and 10% landscaping requirements
described above shall be provided in accordance with the following criteria:
a. Not less than forty percent (40%) of the total required landscaping
shall be located in the designated front yard, with the front yard
defined as the area between the front property line and the front of the
building. In the case of a corner lot, landscaping may be installed
between the exterior side of the building and the corner street. The
40% requirement may be reduced as necessary where a lot abuts
residential zoning and must install a buffer yard.
b. Approved tree species listed in Section 12.0.1 shall be provided at a
ratio of nine (9) trees per acre of gross lot area, at a minimum ratio of
5 approved shade trees for every 4 approved ornamental, evergreen
& palm trees. Existing trees may be counted toward meeting the
requirements of this section, provided that measures are taken to
ensure that existing trees will survive the site development process.
c. The use of native and adapted, drought tolerant plants is encouraged
to meet the requirements of this section.
d. Artificial plants or turf shall not be counted towards meeting the
requirements of this section.
e. Parking lots and vehicular use areas shall be landscaped in
accordance with the parking lot landscaping criteria described below.
f. Areas used for parking or vehicle storage that are under, on or within
buildings are exempt from the landscaping requirements.
g. In no case shall the application of the minimum landscaping
requirements contained herein, require allow the City to require more
than the 20% and 10% landscaping lot area requirements for any
development that must be devoted to landscaping, except in those
instances where public health, safety or general welfare may warrant
additional landscaping or buffering. Additional landscaping may be
installed at the discretion of a developer, but shall not be required by
the City unless a special circumstance necessary to ensure public
health and safety is documented.
5.0. Parking Lot Landscaping
A. A minimum of ten percent (10%) of the gross area of parking lots visible to the
public right-of-way,shall be devoted to living landscaping, which includes grass,
ground covers, plants, shrubs and trees. Gross parking area is to be measured
from the edge of the parking and/or driveway and sidewalks. Landscaping may
be planted at the perimeter of said parking lots, may be clustered, or be
distributed into multiple landscaping islands. The following additional criteria shalt
B. For industrial uses, the above 10% parking lot requirement shall only apply to
customer/employee parking areas and vehicle storage areas visible from public
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rights-of-way. Required landscaping shall be installed as a screening buffer
primarily along the perimeter of industrial lots that adjoin or face properties
located on lower intensity zoning districts. When industrial development adjoins
or faces other properties zoned I-1 or 1-2, or a street right-of-way within an
industrial park, the 10% landscape requirement shall not be applicable.
C. The following additional criteria shall apply to the interior of parking lots:
1. Interior landscape areas shall be protected from vehicular encroachment of
overhang through appropriate wheel stops or curbs.
2. There shall be a minimum of one (1) shade tree planted for each 400 square feet
or fraction thereof of required interior landscape area.
3. Interior areas of parking lots shall contain planting islands located so as to best
relieve the expanse of paving. Such islands shall be a minimum of 200 square
feet or ten feet (10') by twenty feet (20') in size. Smaller sized planting islands
may be provided at the end of parking aisles where appropriate.
4. Planter islands shall contain a combination of trees, shrubs, lawn, ground cover
and other appropriate materials provided such landscaping does not cause visual
interference within the parking area.
5. When an off-street parking or vehicular use area abuts a public right-of-way,
except a public alley, a perimeter landscape area of at least fifteen feet (15') in
depth shall be maintained between the abutting right-of-way and the off-street
parking or vehicular area. Appropriate landscaping shall be installed to create an
attractive site presentation. Necessary access ways from the public right-of-way
shall be permitted through this area.
7.0. Non-residential and Multi-family Landscape Buffer Requirements
1. A non-residential or multi-family use adjacent to, or directly facing, a single-family
zoning district shall provide a minimum twenty foot (20') landscape buffer
adjacent to the property line of the residential use or residentially zoned property.
A minimum of one (1) shade tree shall be planted for each thirty linear feet (30')
of landscape buffer. A minimum of ten (10) shrubs shall be planted for each fifty
linear feet (50') of landscape buffer. All other areas within the landscape buffer
shall be covered with grass or another solid vegetative cover approved at the
time of Site Plan approval. The buffer wall standards below shall also be
applicable.
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2. A non-residential, non-industrial use that is adjacent to, or facing, a multi-family
zoning district shall provide a minimum ten foot(10') landscape buffer adjacent to
the property line of the residential use or residentially zoned property. Industrial
uses shall be required to install a twenty (20) foot buffer. A minimum of one (1)
shade tree shall be planted for each thirty linear feet (30') of landscape buffer. A
minimum of ten (10) shrubs shall be planted for each fifty linear feet (50') of
landscape buffer. All other areas within the landscape buffer shall be covered
with grass or another solid vegetative cover approved at the time of Site Plan
approval. The buffer wall standards below shall also be applicable.
3. The following standards shall apply when a buffer wall is required:
a. Fences and walls used as a buffer must have a minimum height of 6 feet (6') but
may not exceed 8 feet (8') in height. If a fence is installed on top of a berm, the
fence height shall be measured from the grade level of the berm and not from the
natural grade. The height restriction shall not apply to decorative or architectural
ornamental elements, such as pilasters and pilaster caps.
b. Fencing and walls shall not be placed within the line of sight as determined by
the Sight Triangle.
c. Fences and walls must be constructed of high quality materials, such as
decorative block, brick, stone, woodcrete (decorative concrete), faux stone,
wrought iron and comparable materials. The use of chain-link fencing, with or
without slats, sheet metal, railroad ties or like materials may not be used as a
screening wall or fence.
d. Breaks in the fence or wall may be made to provide pedestrian connections to
the perimeter of the site and to adjacent development or to provide a means of
access to maintain the buffer wall or required landscaping.
e. In lieu of the masonry or wood screening wall, a combination of screening trees,
shrubs and earthen berms may be constructed to the minimum six-foot height. If
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vegetation is used for screening, vegetation shall be six (6) feet tall at the time of -
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planting, shall be evergreen species and shall create an opaque barrier
immediately at the time of planting. Earthen berms shall be constructed with a
maximum 1:3 (one vertical to three horizontal) slope. The entire length of the
berm shall be vegetated with dense evergreen plant material.
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EXHIBIT C
6.1.4 Environmental Performance Standards
D. Light and Glare
3. General Standards
a. General Standards for Lighting on Private Property
1. No flashing light shall be permitted. Flickering or intense sources of
light shall be controlled or shielded so as not to cause a nuisance
across lot lines.
2. Light for outdoor advertising shall be designed to function as a Full
Cutoff Luminaire. Lighting intended for outdoor advertising which
projects light into the sky shall be prohibited.
3. Light sources or luminaries shall not be located within required buffer
yards except along pedestrian walkways.
4. All luminaries located on commercial, industrial, or institutional property
shall be designed so that the light source (bulb or lamp) is completely
shielded from direct view of an observer standing a point five feet
above grade on the lot line abutting a transitional yard or at any
location on residentially zoned property. The height of light standards
in non-residential and institutional use parking lots storage areas shall
be limited to 35-feet, as measured from existing grade to the height of
the luminaire. This requirement shall not be applicable to those
exempted uses described in Section 6.1.4.D.8 below.
Subiect to Planning and Zoning Commission review and City Council
approval, requests for taller light standards may be requested for uses
that have special lighting needs or for a use where taller lights may be
necessary for a public health or safety concern.. This requirement shall
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not be applicable to light standards erected along public rights-of-way
by any public agency or entity.
5. All luminaries on nonresidential properties shall be designed or
positioned so that the maximum illumination at property lines will not
exceed one (1.0)foot candle.
6. Lighting for canopies covering fueling stations at automobile service
stations and drive-thru facilities shall not illuminate abutting properties
and the luminaries shall be designed so that the light source (bulb or
lamp) is completely shielded from direct view of an observer standing
at the property line at a point five feet above grade.
7. Because of their unique requirement for nighttime visibility and their
limited hours of operations, ball diamonds, playing fields and tennis
courts are exempted from the general standards of this section.
Lighting for these outdoor recreational uses shall be shielded to
minimize light and glare from spilling over onto adjacent residential
properties.
8. As part of the approval of a public project, the City Council may vary
from the requirements of this section.
9. The illumination levels contained in the Lighting Handbook, Illuminating
Engineering Society of North America, as amended from time to time,
shall be used as a guide for providing adequate and safe illumination
levels. The City Council may require conformance with the illumination
levels contained in the Lighting Handbook, Illuminating Engineering
Society of North America as part of the review and approval of a
private or public development project.
10.Light standards installed by government agencies and utilities along
public street right-of-ways and other public places for the purpose of
public health and safety shall be exempt from all requirements of this
section.
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Exhibit D
9.1 Fence Requirements
9.1.3 Fence height and Types
A. Fences constructed in the front yard of properties in the SF-2 and SF-3
districts must be 3' or shorter; however, fences in the front yard may be
increased by 1' if it is decorative and is less than 60% opaque.
B. Fences constructed in the front yards of properties in the AG and SF-1
districts must be 3' or shorter within 25-feet of a front property line. The height
of fences within 25-feet of a front property line in AG and SF-1 districts can
increase to a height of 5-feet provided that the fence is not opaque. A
decorative wrought iron fence or chain link fence are examples of permitted
5-foot fences. In the AG district, the use of wire fencing, including barb wire
fencing, is permitted. Barbed wired fencing is not permitted in the SF-1
district.
C. In the C-4 and Industrial zoning districts, the use of chain link fencing shall be
permitted except where C-4 and Industrial districts adioin or face residential
zoning districts or institutional uses, in which case the buffer yard
requirements would be applicable. The use of chain link fencing along public
rights-of-way that face lower intensity zoning districts shall be prohibited,
unless such fencing is located behind an opaque landscape hedge or berm.
D. In the I-1 & 1-2 districts, fence height can be increased by 3-feet to allow wire
security fencing, such as barb wire. The use of razor wire and concertina wire
fencing is prohibited, unless such fencing is a requirement of the State of
Texas or U.S. Government for certain uses for security purposes.
E. Fences in all other yards may not exceed seven feet (7') 8-feet (8') in total
height.
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Exhibit E
11.0 Off-Street Parking and Loading Requirements
11.2 Off-Street Parking Requirements
Table 1:Off-Street Parking Requirements
Public and Civic Uses
On-site loadinq/unloadinq queue
refer Section 8.3 capacity for peak volume of
1 per 250 ft2 GFA and 1 per 2.5 children attending the day care.,
Day Care seats seating capacity for an OR provision of a study that
auditorium or Gymnasium demonstrates that the peak
demand can be met with the
configuration provided.
On-site loading/unloading queue
3 per classroom, plus capacity for 40 vehicles; OR
Elementary Schools auditorium/gymnasium/outdoor provision of a study that
sports venue requirement demonstrates that the peak
demand can be met with the
configuration provided.
On-site loading/unloading queue
3 per classroom, plus capacity for 30 vehicles; OR
Middle Schools auditorium/gymnasium/outdoor provision of a study that
sports venue requirement demonstrates that the peak
demand can be met with the
configuration provided.
On-site loading/unloading queue
10 per classroom, plus capacity for 20 vehicles; OR
High Schools auditorium/gymnasium/outdoor provision of a study that
sports venue requirement demonstrates that the peak
demand can be met with the
configuration provided.
All other Educational 20 per classroom
Facilities
Auditorium/Gymnasium 1 per 2.5 seats seating capacity
Use General Requirement Additional Requirement
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