ORD 1309 07/28/2020 OF C/
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ORDINANCE NO: 34q
AUTHORIZING THE ISSUANCE OF A CONDITIONAL USE PERMIT(CUP)
TO ALLOW AN ACCESSORY RESIDENTIAL UNIT USE LOCATED AT 232
CRYSTAL VALLEY DRIVE, CIBOLO, TEXAS; DECLARING
COMPLIANCE WITH MUNICIPAL ZONING REGULATIONS,STATE LAW,
PUBLIC NOTICE AND HEARING REQUIREMENTS, INCORPORATING
RECITALS; REPEALING ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT; PROVIDING FOR SEVERABILITY AND DECLARING 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 duly adopted Comprehensive Plan; and
WHEREAS,Texas Local Government Code Section 211.002 authorizes the City of Cibolo,as a home-rule
municipality, to adopt,repeal or amend zoning district boundaries in order to promote the public health,
safety and general welfare of the City;and
WHEREAS, Section 9.01 of the City Charter of the City of Cibolo also provides authority for the City
Council and the Planning and Zoning Commission to fix City zoning district boundaries by ordinance,and
provide for the alteration of said boundaries in any manner provided by law;and
WHEREAS, the City of Cibolo received an application from Ms. Linda Briseno to allow an accessory
residential unit use located at 232 Crystal Valley Drive, Cibolo,Texas;and
WHEREAS,the property and proposed use is located within the Manufactured Home Residential(MH-1)
zoning district,which expressly allows the proposed use only upon the issuance of a Conditional Use Permit
("CUP");and
WHEREAS,the Cibolo Unified Development Code(UDC) stipulates that a CUP 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,which have been
duly considered by the Planning and Zoning Commission and the City Council; and
WHEREAS, after conducting a public hearing on July 8, 2020, the Planning & Zoning Commission has
submitted a final report on this matter to City Council,recommending approval of the requested CUP;and
WHEREAS,City Council conducted a public hearing on this matter on July 28,2020;each public hearing
being conducted for the purpose of providing all interested persons with an opportunity to be heard
concerning the proposed CUP of an accessory dwelling unit, as described herein and depicted in Exhibit
"A"•and
WHEREAS, legal notice notifying the public of both public hearings relating to the property proposed to
be rezoned,was published in the Seguin Gazette, a newspaper of general circulation in the City of Cibolo,
on Sunday,June 21,2020 and Tuesday,June 23,2020, with said publications provided more than fifteen
(15)days prior to the public hearing before the City Council; and
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WHEREAS,written notice of the above public hearings before the Planning and Zoning Commission and
the City Council were 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 City Council as cited above;and
WHEREAS, the Planning and Zoning Commission recommended approval of the CUP and the City
Council therefore determined that granting the requested CUP at certain real property located 232 Crystal
Valley Drive,as reflected in the attached Exhibit"A,"would be in the best interest of the City and consistent
with the City's Comprehensive Plan.
NOW,THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS:
SECTION 1.AMENDMENT.
A. A tract of land in Guadalupe County, Texas, located at 232 Crystal Valley Drive, Green Valley
Park#I Block 1 Lot 24 as described in the Guadalupe County Public Records;said.4204 acre tract
being depicted in EXHIBIT"A"(the"Property"),and incorporated herein by reference, is hereby
granted a Conditional Use Permit within the Manufactured Home Residential(MH-1)District.
B. The zoning map of the City of Cibolo is hereby amended to reflect the CUP as created by this
Ordinance,being more specifically defined on EXHIBIT"B".
SECTION 2. DECLARATION OF COMPLIANCE. The City Council finds that all required public
notices for the Conditional Use Permit on the Property described in EXHIBIT "A" have been published
and the public hearings as required by Municipal Code of Ordinances and state law have been held to
consider the application to amend the zoning district boundary.
SECTION 3.INCORPORATION OF RECITALS. The City Council finds the recitals in the preamble
of this Ordinance are true and correct and incorporates them as findings of fact.
SECTION 4. REPEALED. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
SECTION 5. SEVERABILITY. If any section, subsection, sentence,clause or phrase of this Ordinance
is for any reason held to be unconstitutional or illegal, such decision shall not affect the validity of the
remaining sections of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance, and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared void; and that in lieu of each clause
or provision of this Ordinance that is invalid, illegal, or unenforceable there be added by the Mayor as
necessary with the approval of the City Attorney as to form, and as a part of the Ordinance a clause or
provision as similar in terms to such invalid,illegal or unenforceable clause or provision as may be possible,
legal, valid and enforceable.
SECTION 6.EFFECTIVE DATE. Ordinance shall become effective upon the adoption of this ordinance.
PASSED,APPROVED,AND ADOPTED THIS ag DAY OF 2020.
Stosh Boy e
Mayor, City of Cibol
ATTEST:
Peggy Cimics,TRMC
City Secretary,City of Cibolo
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EXHIBIT A: REZONING EXHIBIT
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EXHIBIT B: UPDATED OFFICIAL ZONING MAP — CITY OF CIBOLO, TEXAS
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Uptlale0 zoning districts as per Ordinance 11237,adopted Apra 24.10,e ,-1 _
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'Vested zoning per Ordinance 8934
"Vested zoning per Ordinance x1048 I _—
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