ORD 1314 10.13.2020 4 pf C/8
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ORDINANCE
AUTHORIZING THE ISSUANCE OF A CONDITIONAL USE PERMIT (CUP) TO
ALLOW AN ACCESSORY RESIDENTIAL UNIT USE LOCATED AT 220 FM 78,
CIBOLO, TEXAS; DECLARING COMELLINCE 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,m 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 9.02 of the City Charter of the City of Cibolo also provides that the City Council
with the authority 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 Lydan Investments hra./Fun Town RV to
allow RV Sales, located at 220 FM 78,Cibolo,Texas;and
WHEREAS,the property and proposed use is located within the General Commercial(C-4)zoning district
with FM 78 Overlay,which expressly allows the proposed use only upon the issuance of a Conditional Use
Permit("CUP'l;and
WHEREAS,the Cibolo Unified Development Code(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 September 9,2020,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 September 22, 2020; each being
conducted for the purpose of providing all interested persons the opportunityto be heard concerning the
proposed CUP for RV Sales, as described herein and depicted in Exhibit"A";and
WHEREAS, legal notice notifying the public of both public hearings on the property proposed to be
rezoned, was published in the Seguin Gazette, a newspaper of general circulation in the City of Cibolo,
on Sunday,August 23,2020 and Wednesday,August 26,2020, with said publications provided more than
fifteen (15) days prior to the public hearing before the City Council; and
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
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WHEREAS, the Planning and Zoning Commission recommended and the City Council, therefore
determined that granting a CUP at certain real property located 220 FM 78, as reflected in the attached
Exhibit "A" would be in the best interest of the City.
NOW,THEREFORE:BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS:
SECTION 1.AMENDMENT.
A. A 10.17 acre tract of land, in Guadalupe County,Texas,as recorded in Volume 627,Page 632 of
the public record of real property, Guadalupe County; being out of the Jeronimo Leal Survey,
Abstract No.210,Guadalupe County,Texas,situated in the City of Cibolo,Texas;said 10.17 acre
tract being depicted in EXHIBIT "A"(the "Property'l, and incorporated herein by reference, is
hereby granted a Conditional Use Permit within the General Commercial(C-4)zoning district with
FM 78 Overlay for RV Sales.
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 terns 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
adadoption ofthis ordinance.
PASSED,APPROVED,AND ADOPTED THIS /3 DAY OF �C/Y. .2020.
MayYe i
6r,City of Cibolo
ATTEST:)
�� II
Peggy Cimics
City Secretary,City of Cibolo
402
EXHIBIT A: REZONING EXIIIBIT(GRAPHIC)
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EXHIBIT A: REZONING EXHIBIT (METES AND BOUNDS)
A IOA17 ACRE(f08?]e Mlffl E FEET)TRACT OF LAND,M RECOROEOW
VOLUME 827.PAGE 802 OF THE OFFICIAL PUBLIC RECORDS OF REX PROPERTY,
GUADµUPE,COU,IIY,TEXAS:SENG OUT OF THE JEROWIM0 LEµSURVEY.
ABSNMCT W.210.GUADALUPE MUM,TEXJ3.SaUATED IN THE CRY OF
CIBOLO.TEXAS,µ!D WSO&ONE PWMtJLMLY OEWMSED IN A CL 'ZE
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EXHIBIT B: UPDATED OFFICIAL ZONING MAP - CITY OF CIBOLO,TEXAS
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OFFICIAL ZONING MAV
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TE%AS 1:24.000 Mitis
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