ORD 1224 11/14/20171'e X A s
"City of Choice"
ORDINANCE
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A CONDITIONAL USE
PERMIT (CUP) TO ALLOW A FITNESS STUDIOMEALTH SPA TO OPERATE AT
113 RODEO WAY, SUITE NO. 116, 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 a Fitness Studio/Health Spa to
Operate at 113 Rodeo Way, Suite No. 116, , Cibolo, Texas; and
WHEREAS, the property where proposed use is to located is in a Neighborhood Commercial
(C-1) 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, after conducting a public hearing on November 8, 2017, the Planning & Zoning
Commission has submitted a final report on this matter to City Council; and
WHEREAS, City Council conducted a public hearing on this matter on November 14, 2017; and
WHEREAS, legal notice notifying the public of the aforementioned public hearings were
published in the Seguin Gazette, a newspaper of general circulation in the City of Cibolo, on
Sunday, October 29, 2017 and Tuesday, October 31, 2017; 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
NOW, THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS:
SECTION I.
THAT a Conditional Use Permit for a Fitness Studio/Health Spa use is granted for the
property located atl13 Rodeo Way, Suite No. 116, Cibolo, Texas, subject to no additional
conditions.
SECTION H.
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 "A".
SECTION HI.
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 this ordinance is not severable.
SECTION VI.
THIS ordinance will take effect its passage, approval and publication as provided by law.
PASSED, APPROVED, AND ADOPTED THIS 141h DAY OF NOVEMBER, 2017.
ATTEST:
Peggy Cimics, City Secretary
Allen Dunn, Mayor
APPROVED AS TO FORM
DNRB&Z P.C., City Attorney
EXHIBIT A: Updated Official Zoning Map - City Of Cibolo, Texas