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ORD 1324 12/08/2020 1 Of C,8 4 � V O C [ �S 'City of 001W ORDINANCE: 13c1t{ AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CIBOLO, TEXAS, APPENDIX A — UNIFIED DEVELOPMENT CODE, TO REPEAL ALL PROVISIONS RELATING TO PLANNED UNIT DEVELOPMENT ("PUD") ZONING DISTRICTS AND ALL REFERENCES THERETO; DECLARING A PUBLIC PURPOSE; INCORPORATING RECITALS; PROVIDING A REPEALER AND SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY AND SETTING AN EFFECTIVE DATE. WHEREAS, after duly providing all required public notice, the City Council and the Planning and Zoning Commission for the City of Cibolo,Texas(the"City")jointly held a Special Meeting on November 12, 2020, to hold public hearings regarding removal of Planned Unit Developments ("PUDe) from Appendix A of the City's Code of Ordinances, also known as the City's Unified Development Code ("UDC"), and to discuss and take possible action regarding such removal; and WHEREAS, having held public hearings and duly considering this matter, in accordance with applicable local laws as well as statutory requirements set forth in Chapter 211 of the Texas Local Government Code, the Planning and Zoning Commission recommended and the City Council has approved removal of PUDs from the City's UDC, having found that doing so will serve the public interest and improve the City's planning and zoning efforts;and WHEREAS, the City Council subsequently directed staff and legal counsel to develop and present an ordinance removing PUDs and all references thereto from the UDC;and NOW THEREFORE, the Cibolo City Council has considered the effect of these amendments and has determined them to be appropriate, necessary and in the public interest; NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHIOLO,TEXAS: SECTION 1. AMENDMENTS. From and after the effective date, the following subsections of the UDC shall be repealed in their entirety, and shall be replaced by the phrase `Intentionally Omitted'where necessary to preserve the existing codification structure of the UDC,as follows: 1 AMENDING THE UDC TO REMOVE REFERENCES TO PLANNED DEVELOPMENT DISTRICTS(PUD) Dm2G42" Section 1.12 —Unified Development Code Definitions shall be amended to remove the term and definition provided for"Planned Development or Planned Unit Development(PUD);" Section 2.3 — Duties and Approval Authority shall be amended to remove Subsection 2.3(A)(5); Section 4.5.4 - Special Districts shall be amended to remove Subsection 4.5.4.1 — Planned Unit Development District(PUD); Section 4.7.4 - Special District Regulations sfiall be amended to remove Subsection 4.7.4.1 — Planned Unit Development(PUD)District Regulations; Section 8.3 — Exterior Design Requirements shall be amended throughout to remove all references to"planned unit development"or"PUD;" Section 14.3 — Modified Residential Standards shall be amended to remove Subsection 14.3(B)(2); Section 14.3 — Modified Residential Standards shall be amended throughout Subsection 14.3(C)to remove all references to"planned unit development"or"PUD;" Section 18.1 — Public Streets shall be amended to remove all references to Planned Development(PD)zoning districts from Subsection 18.1(G)(4)(a); Section 18.2 — Private Streets shall be amended to remove all references to Planned Development(PD) zoning districts from Subsection 18.2(F)(4); Section 19.5 —Easements and Utilities shall be amended to remove all references to Planned Development(PD) zoning districts from Subsection 19.5(E)(3)(a); Section 20.3 — General Platting and Development Procedures shall be amended to remove Subsection 20.3.18—Planned Unit Developments (PUD); NOTE: All remaining sections of the UDC shall remain unchanged SECTION 2. REMAINING REFERENCES. Based upon the foregoing amendments to the UDC to remove the special zoning district known as Planned Unit Development("PUD") and/or Planned Development ("PD"), all remaining references to such special zoning districts throughout the City Code, including the UDC, shall hereinafter be without effect and may accordingly be removed as a matter of routine codification without additional action by the City Council,as such removal will have no material effect upon the City's Code. SECTION 3. PUBLIC PURPOSE. The City Council finds that the amendments to these UDC are in the public interest and are necessary to promote the general welfare. SECTION 4. INCORPORATING RECITALS. The City Council approves the recitals hereto and incorporates them herein as findings of fact. 2 AMENDING THE UDC TO REMOVE REFERENCES TO PLANNED DEVELOPMENT DISTRICTS(PUD) Dm274299 SECTION 5. REPEALING ORDINANCES IN CONFLICT AND SAVINGS CLAUSE. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict with all remaining portions not conflicting being saved from repeal herein. SECTION 6. 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. SECTION 7. EFFECTIVE DATE. The Ordinance shall be effective immediately following publication as required by law. ORDERED this '9 day of Qtcbwber- 2020. By: Stash Boyfe Mayor ATTEST /1� 7I991t? Peggy Cimics, TRMC City Secretary 40 3 AMENDING THE UDC TO REMOVE REFERENCES TO PLANNED DEVELOPMENT DISTRICTS(PUD) Dm274299