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ORD 1331 04/27/2021 0 cit Al 0 t U r= 0 T£ XAS "City of Choice" ORDINANCE NO. 1331 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CIBOLO, TEXAS, APPENDIX A — UNIFIED DEVELOPMENT CODE, ARTICLE 4, ARTICLE 10, ARTICLE 11, ARTICLE 13, ARTICLE 14 AND ARTICLE 15 TO REPEAL HIGH DENSITY RESIDENTIAL DISTRICT ("SF-6") AND REMOVE ALL INTERNAL 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, on April 14, 2021, 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 repeal the single-family residential zoning district currently designated as "High Density Residential District"or"SF-6"(hereinafter referred to as"SF-6"); and WHEREAS, after duly providing all required public notice, on April 27, 2021, the City Council conducted a public hearing regarding amending the City's UDC to repeal SF-6 and to remove all internal references thereto, 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 these amendments 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 interfere with any existing use of any property in the City or the City's extraterritorial jurisdiction; and WHEREAS,the City Council and the Planning and Zoning Commission have determined that the repeal of SF-6 is necessary because the City's remaining residential zoning district classifications are adequate and appropriate to meet the City's residential zoning needs,thereby rendering SF-6 unnecessary; 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 CIBOLO,TEXAS: 1 AMENDING THE UDC TO REPEAL SF-6 7362/1 DM#276760 SECTION 1. AMENDMENTS TO UDC SECTION 4.4. 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 remove references to SF-6, 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 — i AG Agricultural - Homestead SF-1 Estate Residential _ SF-2 Low Density Single-Family Residential A j i SF-3 Low-Medium Density Single-Family Residential SF-4 Medium Density Residential SF-5— Medium-High Density Single-Family Residential High Density Single Family Residential TF-1 Duplex MF-I Multi Family MF-2 Multi Family r MH-1 Manufactured Housing MH-2 Mobile Home Park C-1 Neighborhood Commercial C-2 Community Retail/Service I C-2R Community Retail/Service—Restrictive Alcohol Sales C-3 General Retail/Office i i C-3R General Retail/Office—Restrictive Alcohol Sales 2 AMENDING THE UDC TO REPEAL SF-6 7362/1 DM#276760 C-4 General Commercial PF 7ublic Facilities (Parks and Institutional Facilities) I-1 Light Industrial I 1-2 Heavy Industrial MURE Mixed Use Regional Employment Center OT Old Town Mixed Use Overlay 78 FM 78 Mixed Use Overlay TC Town Center Mixed Use Overlay SECTION 2. AMENDMENTS TO UDC SECTION 4.5. 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 at Subsection 4.5.1.6 — High Density Residential Districts, and shall hereinafter read as follows: 4.5.1 Residential Districts 4.5.1.1 Estate Residential(SF-1) This district is established for large-lot single-family residential housing and is consistent with a very low density suburban/exurban development with housing arranged in conventional detached format with a maximum density of 1 unit per acre, to create a semi-rural setting of the City. 4.5.1.2 Low Density Residential District(SF-2) This district is established for large-lot single-family residential housing and is consistent with a very low density suburban/exurban development with housing arranged in conventional detached format with a maximum density of 2 units per acre, to create a semi-rural setting of the City. 4.5.1.3 Low-Medium Density Residential District(SF-3) This district is established for traditional suburban development of single-family detached dwellings in a low to medium density setting of up to three (3) units per acre maximum. Higher intensity residential development serves as a buffer to protect this area from incompatible uses. 4.5.1.4 Medium Density Residential District(SF-4) This district is established for traditional suburban development of single-family detached dwellings in a medium density setting of 4 units per acre maximum. Higher intensity residential development serves as a buffer to protect this area from incompatible and nuisance issues. 4.5.1.5 Medium-High Density Residential District(SF-5) 3 AMENDING THE UDC TO REPEAL SF-6 7362/1 DM#276760 The mixed-density residential district enables a mix of residential densities (up to 5 units per acre). The district is intended to complement the suburban district and allow a mixture of different density neighborhoods. 4.5.1.6—[Intentionally left blankHigh Density Residential Distr-iet(8" The mi�Eed density residential distriet enables a fnix of residential densities (up to 5.5 units pef different densit�,,neighbor-hoods. 4.5.1.7 Two-Family Residential District(TF-1) The two-family residential district enables duplex residential development up to 12 units per acre. The district is intended to serve as a transitional or buffer use. 4.5.1.8 Multi-Family District(MF-1) This district provides for attached, multiple family residential use to a maximum density of 18 units per acre, situated with access to an arterial roadway. It is intended to be located near retail and office use to provide convenient service and serve as a transitional or buffer use. 4.5.1. 9 Multi-Family District(MF-2) This district provides for attached, multiple family residential use to a maximum density of 24 units per acre, situated with access to an arterial roadway or highway. It is intended to be located near retail and office use to provide convenient service, and access to regional facilities for its residents and serve as a transitional or buffer use. 4.5.1.10 Manufactured Home District(MH-1) The Manufactured Home District, MH-1, is established to provide a single-family residential zoning district most appropriate to an established neighborhood that contains predominantly manufactured home residences. This district allows for HUD-Code manufactured homes, modular homes, or other site-built homes on individual lots and provides for a diversity of housing options. 4.5.1.11 Mobile Home Park District(MH-2) The MH-2 Mobile Home Park District is intended to provide locations for development of mobile home residence parks. Homes in this district shall be restricted to mobile homes as defined by the U.S. Department of Housing and Urban Development. 4.5.1. 12 Agricultural-Homestead District(AG) The Agricultural district is intended to serve as an initial temporary zoning designation for newly annexed properties into the City and as a permanent zoning designation for those rural properties of the City that are ideally suited for agricultural purposes. Since single-family residences are permitted in this district,this district is considered to be a residential district. NOTE: All remaining sections of the UDC shall remain unchanged SECTION 3. AMENDMENTS TO UDC SECTION 4.7. From and after the effective date, Subsection 4.7.4.3 —Mixed Use Regional Employment Center(MURE) District Regulations, Section 4.7 —Lot Design Regulations, Article 4—Zoning Regulations, of the City's Unified Development Code, shall be amended at Subsection 4.7.4.3(F)(2)to reflect repeal of SF-6, and shall hereinafter read as follows: 4.7.4.3 Mixed Use Regional Employment Center(MURE)District Regulations 4 AMENDING THE UDC TO REPEAL SF-6 7362/1 DM#276760 F. HEIGHT, AREA and GENERAL BUILDING PLACEMENT DEVELOPMENT STANDARDS In the "MURE" Mixed Use Regional Employment district, the following development standards shall be applicable: 1.Floor Space: No limit on floor space for shops, stores, or businesses except as specified herein. 2. Height: No building hereafter erected, reconstructed, altered, or enlarged shall exceed sixty-five (65) feet. Building height is limited to two and one-half(2 ''h) stories, or thirty-five feet (35') when they are located within one hundred feet (100') of a property zoned Single-Family (SF-1 through SF-56). NOTE: All remaining sections of the UDC shall remain unchanged SECTION 4. AMENDMENT TO UDC ARTICLE 10. From and after the effective date, Section 10.7 — Use of Required Parking Spaces, Article 10 — Off-Street Parking and Loading, of the City's Unified Development Code, shall be amended at Subsection 10.7(B) to reflect repeal of SF-6, and shall hereinafter read as follows: Section 10.7-Use of Required Parking Spaces A. Required off-street parking areas shall be used solely for the parking of licensed, motor vehicles in operating condition. Required spaces may not be used for storage of trash dumpsters, the display of goods for sale or lease, for motor vehicle repair or service work of any kind, storage of vehicles, boats,motor homes, campers, mobile homes, or building materials, or for display or storage of vehicles for lease, sale or rent. Seasonal outdoor seasonal sales shall be considered an exception from this requirement, if operated in accordance with the temporary use requirements described in Article 6 of this UDC. B. Recreational vehicles shall not be stored on any lot(zoned SF-2 through SF-56 or C-2) or street other than a residential lot of the owner or a site specifically designed for Vehicle Parking. NOTE: All remaining sections of the UDC shall remain unchanged SECTION 5. AMENDMENT TO UDC ARTICLE 11. From and after the effective date, Section 11.5 — Small Wind Energy Systems and Windmills, Article l l — Wireless Communication Facilities, HAM Radio Antenna, Satellite Dishes, Small-Scale Wind Energy Conversion Systems, Solar Arrays, of the City's Unified Development Code, shall be amended at the first paragraph of Subsection 11.5(D)(1)(b)—Height,to reflect repeal of SF-6, and shall hereinafter read as follows: Section 11.5- Small Wind Energy Systems and Windmills D. Standards 5 AMENDING THE UDC TO REPEAL SF-6 7362/1 DM#276760 1. The City shall evaluate the application for compliance with the following standards; (b)Height. For lots in the SF-1, SF-2, SF-3, SF-4, SF-5,SF-6-, TF-1, MH-1, MH-2, C-1, C-2 and Old Town zoning districts, small scale wind generation systems shall be limited free-standing and/or roof mounted vertical axis helix wind turbines with a height that shall not exceed 35'. In the event that structures or vegetation on an adjoining property result in practical difficulties in deploying such a system, the Board of Adjustment can consider a variance to allow additional height and consider the off-site impediment to wind flow as a valid hardship for the granting of a variance to a height that will clear the wind generation system from the impediment. NOTE: All remaining sections of the UDC shall remain unchanged SECTION 6. AMENDMENTS TO UDC ARTICLE 13. From and after the effective date, the table located in Section 13.1 — Residential Uses, Article 13 — Use Tables, of the City's Unified Development Code, shall be amended to remove the column designated"SF-6,"and shall hereinafter read as follows: Section 13.1 -Residential Uses All uses not expressly permitted by the UDC shall be prohibited. P=Permitted use C Conditional use S=Subject to supplemental use regulations of UDC Article 6 Accessory living quarters. P P C C C �,g C C An accessory building used solely as the temporary dwelling of guests of the occupants of the premise;such dwellings having no kitchen facilities and not rented or otherwise used as a separate dwelling unit. Accessory Residential Units,Residential District. P P TP P C C C C P �_- AT-��-T�� � The residential occupancy of a portion of the principal use, not exceeding 33%of the gross floor area,and is owner- occupied.Commonly referred to as"mother-in-law flat",it may include full kitchen and/or restroom accommodations. This space must comply with all building and fire codes and 6 AMENDING THE UDC TO REPEAL SF-6 7362/1 DM4276760 have one(1)additional off-street parking space. Apartment residential. �P�� k _ The use of a site for three(3)or more dwelling units,within one(1)or more buildings. TABLE CONTINUES J NOTE: All remaining sections of the UDC shall remain unchanged SECTION 7. AMENDMENTS TO UDC SECTION 14.1. From and after the effective date, the table found in Section 14.1 — Lot Design Standards (Residential), Article 14 — Lot Design Standards, of the City's Unified Development Code, shall be amended to the row designated as "SF-6" and remove all other references to SF-6, and shall hereinafter read as follows: Section 14.1 -Lot Design Standards (Residential) —� Article 14.1 Lot Design Standards(Residential) Zoning District SETBACKS (for setbacks in _ Maximum Maximum District Overlay Maximum Minimum Lot Building Lot/ Code Districts z Height Impervious Develop. Area(ft Minimum Minimum Minimum Minimum g reference UDC Density )/*Maximum Lot Lot Width Front BSL Rear BSL Side BSL (in feet) Coverage Article 4) (units/ac) Area(ac) I RESIDENTIAL —T— Agricultural- aF35AG Homestead None None None 35 10 10 35 SF l 10 Estate 1.00 43,560' 100 40 25 2535� 35 2 Residential __T_ Low Density SF-2 35 2.00 21,000 85 25 15' 35 35 2 u Residential �� Low-Medium SF-3 10 Density 3.00 12,000 80 25 259 106.7 35 40' Residential Medium SF-4 10 Density 4.00 9,200 70 25 ]0 9 10 6'' 35 50' Residential Medium-High SF-5 Density 5.00 7,200 65 253 109 10 35 55 i Residential High Density 3 9 De.. o..r:.,l � 8 z2-5- 4, 3J- I AMENDING THE UDC TO REPEAL SF-6 7362/1 DM#276760 TF-1 Two-Family 12.00 9,000 75 25 i 10 10 35 60 Residential MF1 MResidentialultifamily 18.00 *20 100 25 a 10 10 45 75 I � Multifamily � * ^a MF2 Residential 24.00 30 100 25 10 ]0 45 80 —J MH1 Manufactured 5.50 6,600 75 25 20 _ 100 �40 Home Manufactured MH2 Housing Park 12.00 43,560 55 25 a 10 5 35 50 SECTION 8. AMENDMENTS TO UDC SECTION 14.2. From and after the effective date, Subsection N. ETJ Lot Standards, Section 14.2 — Lot Design, Article 14 — Lot Design Standards, of the City's Unified Development Code, shall be amended at Subsections 14.2(N)(1) and 14.2(N)(7)to remove all references to SF-6 while preserving existing numbering where possible, 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 twenty-oite (20-1) districts,with each corresponding Future Land Use Map designation: Zonine District Future Land Use Map Desienation 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 (tip to 5.5 dwelling, miss,,.o) [Intentionally Left Blank 8 AMENDING THE UDC TO REPEAL SF-6 7362/1 DM#276760 Zonine District Future Land Use Map Desiunation g. TF-1 Duplex Residential(Up to 12 dwelling units/acre) h. 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 in. 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. 1-1 Light Industrial r. 1-2 Heavy Industrial s. AG Agricultural- Homestead 7. [Intentionally Left Blank[ ,High Density Residentin a. intent The high density r-esidential distfiet enables higher densit�,(tip to 5.5 units per-aer-e) infill afeas of the Town Centef, sen,ing as a 4ansitional use between eemmefeial and single fafni4y uses. N4ebile�mafitifaettir-ed4modular-homes are fiat pefmit4ed. b. Pefmitted uses one(1)dwelling unit per-let, and eammunity feefeational . e. Speeifie uses subjeet to site plan > , s 9 AMENDING THE UDC TO REPEAL SF-6 7362/1 DM#276760 d. Lot Design ReEjuifemefAs 1) 1\elinif, ufn Tot Are f71 1\R;,,:..,,,.+, Tet Width th (4) N4inifnufn Rear Sethaek 4-0! (5) Naim,. ufn ciao Sett.,, t. 4-0! Buildin !7\ HST.,.,:,,-ufn Tet/T..pe-..ions 'over-age (8) ET-j Classifieation High Density Residential NOTE: All remaining sections of the UDC shall remain unchanged SECTION 9. AMENDMENTS TO UDC ARTICLE 15. From and after the effective date, the table located in Section 15.1 — Accessory Buildings, Article 15 — Accessory Buildings, of the City's Unified Development Code, shall be amended to remove the row designated as "SF-6," and shall hereinafter read as follows: Section 15.1.-Accessory Buildings Article 15 Accessory Buildings --� I T-------- District Setbacks(ft) Typical Code Zoning District^ Accessory From — Buildings 3 Maximum Height Side Rear', (ft) Principal 2 2 Building RESIDENTIAL 5 10 SF-1 Estate Residential 12 10 T ^–��Storage sheds,hobby workshops,noncommercial -- 10 AMENDING THE UDC TO REPEAL SF-6 7362/1 DM#276760 SF-2 Low Density 12 5 10 10 greenhouses F Residential I, SF-3 Low-Medium 10 5 5 5 Residential SF-4 Medium Residential 1 10 5 5 5 SF-5 Medium-High 10 5 5 5 Residential F_ High Density 4-0 3 Residential MFI Multifamily 10 5 5 5 On-site laundry facilities,activity center F'M�Fq_mTMultifamily �® 15 5 � -15 NOTE: All remaining sections of the UDC shall remain unchanged SECTION 10. 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 11. INCORPORATING RECITALS. The City Council approves the recitals hereto and incorporates them herein as findings of fact. SECTION 12. 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 13. 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 14. EFFECTIVE DATE. The Ordinance shall be effective immediately following publication as required by law. ORDERED this a'Z day of �pr�' 2021. 11 AMENDING THE UDC TO REPEAL SF-6 7362/1 DM#276760 By: STOSH BOYLE Mayor ATTEST — PEGGY CIMICS, TRMC City Secretary 12 AMENDING THE UDC TO REPEAL SF-6 7362/1 DM4276760