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ORD 1332 04/27/2021 y OF C/9 O v r o 1 re x AS "City of Choice" ORDINANCE NO. 1332 AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, AMENDING APPENDIX A OF THE CITY OF CIBOLO'S CODE OF ORDINANCES, ENTITLED "2013 CIBOLO UNIFIED DEVELOPMENT CODE" BY REVISIONS TO THE ARTICLES THEREIN; INCLUDING ARTICLE 1, ARTICLE 2, ARTICLE 3, ARTICLE 4, ARTICLE 6, ARTICLE 8, ARTICLE 10, ARTICLE 11, ARTICLE 12, ARTICLE 13, ARTICLE 14, ARTICLE 15, ARTICLE 16, ARTICLE 17, ARTICLE 18, ARTICLE 19, ARTICLE 20 AND APPENDIX A; PROVIDING FOR ADOPTION; REPEALING ALL OTHER ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY, PROVIDING FOR PENALTY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, § 212 of the Texas Local Government Code empowers the City of Cibolo to establish,administer, enforce and amend Subdivision Regulations;and WHEREAS, §211 of the Texas Local Government Code empowers the City of Cibolo to establish,administer, enforce and amend Zoning Regulations; and WHEREAS,the City Council of the City of Cibolo,Texas, adopted Ordinance 1048 on February 26, 2013, adopting a Unified Development Code to improve the ability of the City to protect the community health, safety and general welfare; and WHEREAS, Article 3, Section 3.7 of the UDC allows the City of Cibolo to amend the UDC as necessary, in accordance with the requirements of Texas Local Government Code to protect the community health, safety and general welfare and the safe, orderly and healthful development of the municipality; and WHEREAS, the City Council of the City of Cibolo, Texas, appointed a Unified Development Code Committee in 2019, comprised of citizens from multiple appointed advisory groups with expertise in land development, economic development, infrastructure construction and who were active in the affairs of the City of Cibolo, to update the Cibolo Unified Development Code to improve the ability of the City protect the community health, safety, and general welfare and the safe, orderly and healthful development of the municipality; and WHEREAS, the UDC Committee held ten(10)meetings to discuss proposed amendments of the UDC, each held within the Cibolo City Hall; all as being legally posted and open to the public; and WHEREAS, a joint workshop was held to discuss the various proposed amendments as outlined in Exhibit "A", The Amendment of Article 1, Article 2, Article 3, Article 4, Article 6, Article 8, Article 10, Article 11, Article 12, Article 13, Article 14, Article 15, Article 16, Article 17, Article 18,Article 19,Article 20 and Appendix A of the Unified Development Code by City Council,the Planning & Zoning Commission, the Unified Development Code Committee, Parks and Recreation and Economic Development Corporation on February 20,2020 in the Cibolo City Hall; as being legally posted and open to the public; and WHEREAS, two public hearings were held to discuss the various proposed amendments of the UDC as depicted in Exhibit"A",with the first public hearing being conducted by the Planning and Zoning Commission on April 14, 2021 in the Cibolo City Hall; and, the second public hearing being conducted by City Council on April 27, 2021 in the Cibolo City Hall; each being conducted for the purpose of providing all interested persons the opportunity to be heard concerning the proposed amendments to the Unified Development Code; and WHEREAS, legal notice notifying the public of both public hearings was published in the Seguin Gazette, a newspaper of general circulation in the City of Cibolo, on March 28, 2021, with said publication provided more than fifteen (15) days prior to the initial public hearing of the City Council as cited above; and WHEREAS, the Unified Development Code Committee recommended approval of the various proposed amendments on July 20, 2020; and WHEREAS, the Planning and Zoning Commission recommended approval of the various proposed amendments on April 14, 2021; and WHEREAS, the City Council finds and determines that the various proposed amendments were fully reviewed by the Planning and Zoning Commission and accurately reflects the land development policies of the City Council as appropriate, necessary and in the public interest; NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS: SECTION I. ADOPTION THAT,the City of Cibolo Code of Ordinances' UNIFIED DEVELOPMENT CODE "UDC" is hereby amended as more particularly described on Exhibit"A", to Article 1, Article 2, Article 3, Article 4, Article 6, Article 8, Article 10, Article 11, Article 12, Article 13, Article 14, Article 15, Article 16, Article 17, Article 18, Article 19, Article 20 and Appendix A. SECTION II. PUBLIC PURPOSE THAT, The City Council finds that the amendments to the UDC are in the public interest and are reasonably and necessary to protect the community health, safety, and general welfare of the municipality and the safe, orderly and healthful development of the municipality. SECTION III. INCORPORATING RECITALS THAT the recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. SECTION IV. REPEALING ORDINANCES IN CONFLICT AND SAVINGS CLAUSE. THAT,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 V. SEVERABILITY THAT, 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 remining 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 VI. PUBLIC MEETING THAT,it is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time,place,and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code and Chapters 211 and 212 of the Texas Local Government Code. SECTION VII. EFFECTIVE DATE THIS ordinance will take effect its passage, approval and publication as provided by law. PASSED AND APPROVED this, the 271h day of April 2021. Stosh Boytr Mayor ` 1 ATTEST: Peggy Cimics, TRMC City Secretary