ORD 1325 01/12/2021 J or C/49
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ORDINANCE: 13,;2_5
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF CIBOLO, TEXAS, APPENDIX A — UNIFIED DEVELOPMENT CODE,
ARTICLE 1, ARTICLE 4, ARTICLE 13, AND ARTICLE 14 TO CREATE TWO
COMMERCIAL ZONING DISTRICTS, C-2R COMMUNITY RETAIL/SERVICE
RESTRICTIVE ALCOHOL SALES DISTRICT AND C-3R GENERAL/RETAIL
OFFICE RESTSRICTIVE ALCOHOLIC SALES DISTRICT, AND AMENDING
THE DEFINITIONS FOR "LIQUOR SALES" AND "BAR"; 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, on December 9, 2020, the Planning and
Zoning Commission for the City of Cibolo, Texas (the "City") conducted a public hearing regarding
amending Appendix A of the City's Code of Ordinances, also known as the City's Unified Development
Code ("UDC"), to create two new commercial zoning districts (C-2R and C-3R) with distinctive
restrictions on alcohol sales, and thereafter moved to recommend to City Council that creation of such
districts be approved; and
WHEREAS, after duly providing all required public notice, on January 12, 2021, the City Council
conducted a public hearing regarding amending the City's UDC to create two new commercial zoning
districts with restrictions on alcohol sales, and thereafter moved to accept the Planning and Zoning
Commission's recommendation that such amendment be approved; 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 City Council has approved this amendment to the City's UDC, having found that doing so will
promote the health, safety and welfare of the public; and
WHEREAS, the City Council and the Planning and Zoning Commission have determined that the
proposed amendment to the UDC is consistent with the City's Comprehensive Master Plan and shall not
impose any restrictions on alcohol sales that may be preempted by other law; and
WHEREAS, the City Council and the Planning and Zoning Commission have determined that the
creation of the proposed commercial zoning districts is necessary in order to provide a buffer area
between more intensive commercial uses permitted in existing commercial zoning districts and other
types of zoning districts, especially residential districts, which may be adversely impacted by commercial
uses associated with high-volume alcohol sales businesses, including liquor stores, bars, and
microbreweries, due to increased traffic, noise, and/or hours of operation caused by such businesses; and
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AMENDING THE UDC TO CREATE RESTRICTIVE ALCOHOL
SALES ZONING DISTRICTS C-2R AND C-3R
7362/8 DM#274807
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 CIBOLO,TEXAS:
SECTION 1. AMENDMENTS TO UDC ARTICLE 1. From and after the effective date, Section
1.12 — Unified Development Code Definitions, Article 1 — General Provisions, of Appendix A of the
City's Code of Ordinances, also known as the City's Unified Development Code, shall be amended so
that the definitions for the terms"Bar"and"Liquor Sales" shall hereinafter read as follows:
Section 1.12—Unified Development Code Definitions
The following words, terms and phrases, when used in this UDC, shall have the meanings ascribed to
them in this UDC, except where the context clearly indicates a different meaning. Those terms not
expressly defined in this Article are to be defined in accordance with the City UDC or other applicable
Ordinances or the City Code of Ordinances or in the absence of ordinances in accordance with customary
usage in municipal planning and engineering practices.
Bar/Micro-Brewery
A use engaged in the preparation and retail sales of alcohol beverages for consumption on the
premises, including taverns, cocktail lounges, micro-breweries, and similar uses that derive 75% or
more of the establishment's gross revenue from the on-premise sale of alcoholic beverages.
Liquor Sales
Establishments or places of business engaged in retail sale of
alcoholic beverages for consumption off the premises. Typical uses include liquor stores, bottle
shops or any licensed sales of alcohol for off-site consumption such that the establishment derives
75% or more of its gross revenue from the on-premise sale of alcoholic beverages.
NOTE: All remaining sections of the UDC shall remain unchanged
SECTION 2. AMENDMENTS TO UDC ARTICLE 4. From and after the effective date, the table
located in Section 4.4 — Establishment of Zoning Districts, Article 4 —Zoning Regulations, of the City's
Unified Development Code, shall be amended to add two new district codes (C-2R and C-3R) and district
names, and shall hereinafter read as follows:
Section 4.4 - Establishment of Zoning Districts
The following Zoning Districts are hereby established for the City as authorized by the City Charter and
Chapter 211 of the Texas Local Government Code:
DISTRICT CODE DISTRICT NAME
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AMENDING THE UDC TO CREATE RESTRICTIVE ALCOHOL
SALES ZONING DISTRICTS C-211 AND C-311
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AG Agricultural- Homestead
SF-1 Estate Residential
i
SF-2 Low Density Single-Family Residential
SF-3 Low-Medium Density Single-Family Residential
ASF-4 Medium Density Residential
SF-5 Medium-High Density Single-Family Residential
SF-6 High Density Single-Family Residential
TF 1 Duplex
MF-1 Multi Family
MF-2 �Multi Family - -- -- - --- -- ---- –-- ---- —
�MH-1Manufactured Housing
I
MH-2 Mobile Home Park
C-1 Neighborhood Commercial
C-2 Community Retail/Service
C-2R I Community Retail/Service–Restrictive Alcohol Sales
`---_-
C-3 General Retail/Office
C-3R General Retail/Office–Restrictive Alcohol Sales
C-4 General Commercial
PF !Public Facilities(Parks and Institutional Facilities)
I-1 Li ht Industrial
�. _-_ _
I-2 Heavy Industrial
MURE TMixed Use Regional Employment Center
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AMENDING THE UDC TO CREATE RESTRICTIVE ALCOHOL
SALES ZONING DISTRICTS C-2R AND C-3R
7362/8 DM#274807
OT Old Town Mixed Use Overlay
78 FM 78 Mixed Use Overlay
TC Town Center Mixed Use Overlay
i I
_..-.--__
From and after the effective date, Section 4.5 -Zoning District Purpose Statements, Article 4 - Zoning
Regulations, of the City's Unified Development Code, shall be amended to add two new subsections in
Subsection 4.5.3 -Non-Residential Districts, and shall hereinafter read as follows:
4.5.3 Non-Residential Districts
4.5.3.1 Neighborhood Commercial District(C-1)
The Neighborhood Commercial district is established to provide for a limited variety of
commercial uses and services associated with neighborhood storefront retail, service, financial,
and office activities which are compatible and designed in scale with surrounding residential
areas. The intent of this District is to provide convenient neighborhood access to commercial
services, and buffer neighborhoods from undesirable impacts of high intensity uses, such as
noise, traffic and odors through performance standards.
4.5.3.2 Community Retail/Service(C-2)
The Town Center Commercial district is established to reinforce and reinvigorate downtown
Cibolo's historical traditions and monuments. Town Center preserves the character, pedestrian
scale, and architecture of the area surrounding Main Street by providing a limited range of
business; creating a central, mixed-use destination environment for local: storefront retail,
restaurants, lodging, family entertainment and Evening entertainment venues including but not
limited to live music, dance halls and bars.
4.5.3.2.1 Community Retail/Service-Restrictive Alcohol Sales (C-2R)
This district allows all uses permitted in the Community Retail/Service District (C-2), except
that certain uses involving high-volume sales of alcoholic beverages are prohibited, including
liquor sales and bars/micro-breweries, in order to provide a buffer zone between more intensive
commercial uses and less intensive uses, such as residential uses.
4.5.3.3 General Retail/Office District(C-3)
The Retail/Office District establishes a broad range of business operations, services and
commercial development requiring arterial or collector street access. This district is intended for
a variety of office, institutional and indoor retail uses that are designed to make the most
efficient use of existing infrastructure and provide for orderly transitions and buffers between
districts and uses. This district should facilitate economic development activities that will
strengthen neighborhoods; promote the development of targeted industries and provide
community balance; provide educational and employment opportunities; and encourage local
economic investment for citizens of Cibolo.
4.5.3.3.1 General Retail/Office District-Restrictive Alcohol Sales (C-3R)
This district allows all uses permitted in the General Retail/Office District (C-3), except that
certain uses involving high-volume sales of alcoholic beverages are prohibited, including liquor
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AMENDING THE UDC TO CREATE RESTRICTIVE ALCOHOL
SALES ZONING DISTRICTS C-2R AND C-3R
7362/8 DM#274807
sales and bars/micro-breweries in order to provide a buffer zone between more intensive
commercial uses and less intensive uses, such as residential uses.
NOTE: All remaining sections of the UDC shall remain unchanged
SECTION 3. AMENDMENTS TO UDC ARTICLE 13. From and after the effective date, the table
located in Section 13.2 — Commercial Uses, Article 13 —Use Tables, of the City's Unified Development
Code, shall be amended to reflect the two new commercial zoning districts established by this Ordinance
(C-2R and C-3R) and the uses permitted in those districts, and shall hereinafter read as follows:
Section 13.2 - Commercial Uses
All uses not expressly permitted by the UDC shall be prohibited .
P=Permitted use
C= Conditional use
r-
S=Subject to supplemental use regulations of UDC Article 6
Administrative and business offices. P P P P P
Offices or private firms or organizations which
are primarily used for the provision of executive,
management or administrative services. Typical
uses include administrative offices, and services
including real estate, insurance, property
management, investment, personnel, travel,
secretarial services, telephone answering,
photocopy and reproduction, and business offices
or public utilities, organizations and associations,
or other use classifications when the service
rendered is that customarily associated with
administrative office services.
Agricultural sales and services. P P P
Establishments or places of business engaged in
sale (from the premises) of feed, grain, fertilizers,
pesticides and similar goods or in the provision of
agricultural related services with incidental
storage on lots other than where the service is
rendered. Typical uses include nurseries, hay,
feed and grain stores and tree service firms.
Amusement center C P P
An establishment offering 5 (five) or more
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AMENDING THE UDC TO CREATE RESTRICTIVE ALCOHOL
SALES ZONING DISTRICTS C-2R AND C-3R
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amusement devices, including, but not limited to,
coin-operated electronic games, shooting
galleries, table games and similar recreational
diversions within an enclosed building.
• � E
Bar/Micro Brewery P* P* P
A use engaged in the preparation and retail sales
of alcohol beverages for consumption on the
premises, including taverns, bars, cocktail 1
lounges, micro-breweries and similar uses that *Prohibited in C2-R and C-3R
derive 75% or more of the establishment's gross
revenue from the on-premise sale of alcoholic
beverages.
Liquor Store i C* P* P
Establishments or places of business engaged in
the sale of alcoholic beverages for the purpose of
off-premises consumption. Typical uses include
i
liquor stores bottle shops or any licensed sales of
alcohol for off-site consumption such that the Prohibited in C2-R and C-3R
3
establishment derives 75% or more of its gross
revenue from the on-premise sale of alcoholic
i
beverages. I j
NOTE: All remaining sections of the UDC shall remain unchanged
SECTION 4. AMENDMENTS TO UDC ARTICLE 14. From and after the effective date, certain
provisions of Section 14.2 — Lot Design, Article 14 — Lot Design Standards, of the City's Unified
Development Code, shall be amended to reflect the two new commercial zoning districts established by
this Ordinance (C-2R and C-3R) and the uses permitted in those districts, and shall hereinafter read as
follows:
Section 14.2—Lot Design
N. ETJ Lot Standards
Subdivisions outside the city but within the city's extraterritorial jurisdiction (ETJ) are not subject to
the zoning requirements of this UDC. Based on the proposed use of property in the ETJ, developers
are encouraged to follow the below standards when preparing development plans:
1. For the Purpose of this UDC, the City is divided into the following nineteen ( 9) twenty-
one 21 districts,with each corresponding Future Land Use Map designation:
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AMENDING THE UDC TO CREATE RESTRICTIVE ALCOHOL
SALES ZONING DISTRICTS C-2R AND C-3R
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Zoning District Future Land Use Map Designation
a. SF-1 Estate Residential (0- 1 dwelling units per acre)
b. SF-2 Low Density Residential(up to two(2)dwelling units/acre)
c. SF-3 Low-Medium-Density Residential (up to three(3) dwelling units/acre)
d. SF-4 Medium Density Residential (up to four(4)dwelling units/acre)
e. SF-5 Medium-High Density Residential(up to five (5) dwelling units/acre)
f. SF-6 High Density residential (up to 5.5 dwelling units/acre)
g. TF-1 Duplex Residential (Up to 12 dwelling units/acre)
It. MF-1 Multi-Family Residential (Max. Density 18 dwellings/acre)
i. MF-2 Multi-Family Residential (Max. Density 24 dwellings/acre)
j. MH-1 Manufactured Home Residential (Max density 5.5 units per acre)
k. MH-2 Mobile Home Residential (Max density 12 units per acre)
1. C-1 Neighborhood Commercial
m. C-2 Community Retail/Service
m-1. C-2R Community Retail/Service Restrictive Alcohol Sales
n. C-3 General Retail/Office
n-1. C-3R General Retail/Office Restrictive Alcohol Sales
o. C-4 General Commercial
p. PF Public Facilities (Parks and Institutional Facilities)
q. I-1 Light Industrial
r. I-2 Heavy Industrial
s. AG Agricultural - Homestead
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SALES ZONING DISTRICTS C-2R AND C-3R
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14.Zoning District C-2, Community Retail/Service
a. Intent - This classification is established to reinforce and reinvigorate downtown Cibolo's
historical traditions and monuments. The district is intended to ensure harmonious development,
redevelopment, and rehabilitation of uses in the historic core by integrating an appropriate mix of
retail, office, entertainment, civic, and residential uses commensurate with traditional values of
the city, its citizens, and the surrounding area.
b. Permitted uses- a mix of retail, office, entertainment, civic, and residential uses
c. Specific uses- subject to site plan approval, office,retail and service uses which are compatible
and designed in scale with Old Town Cibolo and a Town Center.
d. Lot Design Requirements
(1) Minimum Lot Area None
(2) Minimum Lot Width 70'
(3) Minimum Front Setback 15'
(4) Minimum Rear Setback 15'
(5) Minimum Side Setback 15'
(6) Maximum Lot/Impervious Coverage 70%
(7) Maximum Height of Principal Building 45'
(8) ETJ Classification Retail, Office and Services
1.4.1 Zoning District C-2R, Community Retail/Service Restrictive Alcohol Sales
a. Intent - This district allows all uses permitted in the Community Retail/Service District (C-2)
except that certain uses involving high-volume sales of alcoholic beverages are prohibited,
including liquor sales and bars/micro-breweries, in order to provide a buffer area between more
intensive commercial uses permitted in existing commercial zoning districts and other types of
zoning districts, especially residential districts, which may be adversely impacted by commercial
uses associated with high-volume alcohol sales businesses, including liquor stores, bars, and
microbreweries, due to increased traffic, noise, and/or hours of operation caused by such
businesses.
b. Permitted uses- a mix of retail, office,entertainment and civic.
c. Specific uses- subject to site plan approval, office, retail and service uses which are compatible
and designed in scale with Old Town Cibolo and a Town Center.
d. Lot Design Requirements
(1) Minimum Lot Area None
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AMENDING THE UDC TO CREATE RESTRICTIVE ALCOHOL
SALES ZONING DISTRICTS C-211 AND C-311
7362/8 DM#274807
(2) Minimum Lot Width 70'
(3) Minimum Front Setback 15'
(4) Minimum Rear Setback 15'
(5) Minimum Side Setback 15'
(6) Maximum Lot/Impervious Coverage 70%
(7) Maximum Height of Principal Building 45'
(8) ETJ Classification Retail, Office and Services
15. Zoning District C-3,General Retail/Office
a. Intent - The Retail/Office District establishes a broad range of business operations, services and
commercial development requiring arterial or collector street access. This district is intended for a
variety of office, institutional and indoor retail uses that are designed to make the most efficient
use of existing infrastructure and provide for orderly transitions and buffers between districts and
uses. This district should facilitate economic development activities that will strengthen
neighborhoods; promote the development of targeted industries and provide community balance;
provide educational and employment opportunities; and encourage local economic investment for
citizens of Cibolo.
b. Permitted uses-general retail, office and service uses
c. Specific uses- subject to site plan approval, completely enclosed general retail, office and service
uses
d. Lot Design Requirements
(1) Minimum Lot Area None
(2) Minimum Lot Width 70'
(3) Minimum Front Setback 25'
(4) Minimum Rear Setback 15'
(5) Minimum Side Setback 15'
(6) Maximum Lot/Impervious Coverage 75%
(7) Maximum Height of Principal Building 35'
(8) ETJ Classification Indoor retail, office and services
15.1 Zoning District C-3R,General Retail/Office Restrictive Alcohol Sales
a. Intent - This district allows all uses permitted in the General Retail/Office District (C-3), except
that certain uses involving high-volume sales of alcoholic beverages are prohibited, including
liquor sales and bars/micro-breweries in order to provide a buffer area between more intensive
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AMENDING THE UDC TO CREATE RESTRICTIVE ALCOHOL
SALES ZONING DISTRICTS C-2R AND C-311
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commercial uses permitted in existing commercial zoning districts and other types of zoning
districts especially residential districts which may be adversely impacted by commercial uses
associated with high-volume alcohol sales businesses, including liquor stores, bars, and
microbreweries due to increased traffic noise, and/or hours of operation caused by
businesses.
b. Permitted uses- general retail, office and service uses.
c. Specific uses- subject to site plan approval, completely enclosed general retail, office and service
uses.
d. Lot Design Requirements
(1) Minimum Lot Area None
(2) Minimum Lot Width 70'
(3) Minimum Front Setback 25'
(4) Minimum Rear Setback 15'
(5) Minimum Side Setback 15'
(6) Maximum Lot/Impervious Coverage 75%
(7) Maximum Height of Principal Building 35'
(8) ETJ Classification Indoor Retail, Office and Services
NOTE: All remaining sections of the UDC shall remain unchanged
SECTION 5. 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 6. INCORPORATING RECITALS. The City Council approves the recitals hereto and
incorporates them herein as findings of fact.
SECTION 7. 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 8. 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 9. EFFECTIVE DATE. The Ordinance shall be effective immediately following
publication as required by law.
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AMENDING THE UDC TO CREATE RESTRICTIVE ALCOHOL
SALES ZONING DISTRICTS C-2R AND C-3R
7362/8 DM#274807
YL
ORDERED this day of 2021.
By:
STOSH B0,101
Mayor
ATTEST
el-1-2-11-
/ /-11-17
PEGGY CIMICS, TRMC
City Secretary
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AMENDING THE UDC TO CREATE RESTRICTIVE ALCOHOL
SALES ZONING DISTRICTS C-2R AND C-3R
7362/8 DM#274807