Ord 1334 06/08/2021 CUP CVD or
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ORDINANCE NO: 1334
AUTHORIZING THE ISSUANCE OF A CONDITIONAL USE PERMIT (CUP) TO
ALLOW LOCAL CONVENIENCE STORE SALES AND DRIVE-THRU WINDOW
USES LOCATED AT 3893 CIBOLO VALLEY DRIVE,SUITE 107, CIBOLO,TEXAS;
DECLARING COMPLIANCE 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,as 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 Bernardo Baxter, SipIt UC LLC to allow
Convenient Store Sales and Drive-Thru Window Uses, located at 3893 Cibolo Valley Drive, Suite 107,
Cibolo,Texas; and
WHEREAS,the property and proposed use is located within the Neighborhood Commercial(C-1)zoning
district, which expressly allows the proposed use only upon the issuance of a Conditional Use Permit
("CUP"); 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 May 12, 2021,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 May 25, 2021; each being
conducted for the purpose of providing all interested persons the opportunity to be heard concerning the
proposed Convenient Store Sales and Drive-Thru Window Uses,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,April 25,2021, with said publication 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 and City Council duly considered,andmade favorable
findings of fact, on each of the considerations listed under both lists (A.)through(F.) under UDC Section
4.3.2; and
WHEREAS, the Planning and Zoning Commission recommended and the City Council, therefore
determined thatgranting a CUP at certain real property located at 3893 Cibolo Valley Drive,-Suite 107,
Cibolo,Texas, 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. Property located at 3893 Cibolo Valley.Drive, Suite 107, Cibolo, Texas, being.depicted in
EXHIBIT "A" (the "Property''), and'incorporated herein by reference, is hereby granted a
Conditional Use,Permit within the Neighborhood Commercial (C-1) ;zoning:district for the
following use"Convenient Store Sales and Drive-Thru Window Uses."'
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
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 fmds 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, ar�d as a part of the Ordinance a clause or
provision as similar in terms,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 adoption of this ordinance.
PASSED,APPROVED,AND ADOPTED THIS DAY OF Vt trt @ ,2021.
Stosh Boyl
Mayor, City of Cibolo
:ATTEST:
`c 19 .7
Peggy Cimics, TRMC
City Secretary, City of Cibolo
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