Ord 1341 07/27/2021 CC final decision maker o C
IIIIIIIIIGINNNINN ,oO
000
r`_o
'''�0%NiiGIGmmGwill
"'1
T XA `5
"City of Choice"
ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF CIBOLO, TEXAS, APPENDIX A — UNIFIED DEVELOPMENT
CODE, ARTICLES 4, 8, 12, 17, 19 AND 20 TO AMEND VARIOUS
PROVISIONS IN ORDER TO PROVIDE CITY COUNCIL WITH FINAL
DECISION-MAKING AUTHORITY; DECLARING A PUBLIC PURPOSE;
INCORPORATING RECITALS; PROVIDING A REPEALER AND
SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; AND SETTING
AN EFFECTIVE DATE.
WHEREAS, certain provisions of the City's current Unified Development Code grant the
Planning and Zoning Commission final decision-making authority over certain matters;,and
WHEREAS, the City Council, having duly considered such grants of authority to the Planning
and Zoning Commission, has determined that final decision-making authority should instead be
vested solely in City Council which, as an elected rather than appointed body, is better-suited to
wield such authority where possible; and
WHEREAS, the City Council has directed staff to identify such grants of authority to the
Planning and Zoning Commission and prepare this ordinance to amend relevant provisions
throughout the current Unified Development Code so that such authority shall instead be granted
to City Council; and
WHEREAS, the City Council has determined that wielding 'final authority, subject in some
cases to prior review and recommendation by the Planning and Zoning Commission or City staff,
is necessary to promote the health, safety, or general welfare of local residents and the safe,
orderly, and healthful development of the City; and
WHEREAS, the City Council acknowledges that requiring approval of preliminary and final
plats by both the Planning and Zoning Commission and City Council necessitates certain
revisions relating to the timeframes provided for such approvals, due to recent legislative
changes to Subsection 212.009(b) of the Texas Local Government Code, and finds such
revisions, as set forth in this Ordinance, to be necessary and appropriate under the applicable
statutes; and
WHEREAS, having held a public hearing and duly considering this matter, in accordance with
applicable local laws as well as statutory requirements set forth in the Texas Local Government
Code, the City Council has approved these amendments to the City's UDC, having found that
1
AMENDING THE UDC TO GRANT FINAL APPROVAL
AUTHORITY TO CITY COUNCIL
DM#279732.1
doing so will promote the health, safety and welfare of the public and the.safe, orderly, and
healthful development of the City; and
WHEREAS,.the City Council finds that the.proposed amendments to the UDC are 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
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: AMENDMENT TO UDC ARTICLE 4. From and after the effective date,
Subsection 4.3.6 of the Unified Development Code, shall be amended and shall hereinafter read
as follows:
Section 4.3.6 Color Variance.
New construction and existing buildings and structures and appurtenances thereof within the City
that are moved, reconstructed, materially altered or repaired shall be visually compatible with
other buildings to which they are visually related and/or upon the repainting and/or alteration of
any structure, the paint and material color shall be submitted for review and approval to the
Planning and Engineering Director or designee. Staff is authorized to attempt to find a design
solution that will satisfy the general spirit and intent of this UDC.
If a solution cannot be found relative to Section 8.3.23 of the UDC regarding building colors,
the Planning and Zoning Commission shall have the authority to hear requests for a color
variance in accordance with the terms of this UDC. The Planning and Zoning Commission shall
thereafter adopt a recommendation to approve or deny the variance request. City Council shall
have final authority to brant or deny the variance request, taking into consideration the
Commission's recommendation and all other relevant criteria set forth Subsection 4.3.6.2.
NOTE: All remaining sections of the UDC shall remain unchanged.
SECTION 2. ADDITIONAL AMENDMENTS TO UDC ARTICLE 4. From and after the
effective date, Subsections 4.7.4.2(D)(10), 4.7.4.2(F)(6) and 4.7.4.2(K)(2) within Section 4.7.4.2
- Mixed Use Regional Employment Center (MURE) District Regulations of the Unified
Development Code, shall be amended and shall hereinafter read as follows:
4.7.4.2 Mixed Use Regional Employment Center(MURE)District Regulations
D. Process
2
AMENDING THE UDC TO GRANT FINAL APPROVAL
AUTHORITY TO CITY COUNCIL
DM#279732.2
10. Procedures and Criteria for Alternative Compliance
Alternative compliance is a procedure that allows development to propose alternative
design concepts that will fully implement the spirit and intent of any design standard for
mixed use development through an alternative design. It is not a general waiver of
regulations but is rather a site-specific plan to incorporate an alternative design that is
equal to, or better than, the strict application of a design standard in meeting the intent of
both the particular mixed use zone district and the applicable standard..
If a mixed-use concept plan or site plan is to include a.request for approval of alternative
compliance, a pre-submittal conference is required to determine the preliminary response
from the City Planner. Based on that response, the application for a concept plan or site
plan shall include enough explanation and justification, in both written and graphic form,
for the alternative compliance requested. A request.for approval of alternative compliance
may include proposed alternatives to one or more design standards.
To grant an alternative compliance request, the City Planner must find that the following
criteria are met:
i. The proposed alternative achieves the intent of the subject design standard to
the same or better degree than the subject standard;
ii. The proposed alternative achieves the mixed-use goals and policies in the
Comprehensive Master Plan to the same or better degree than the subject
standard; and
iii. The proposed alternative results in benefits to the community that .are
equivalent to, or better than, compliance with the subject design standard.
If the City Planner determines that all three criteria are not met, an applicant may appeal
that determination to the Planning and Zoning Commission, which shall hear the appeal
and issue a recommendation to City Council. City Council shall have final authority to
approve or deny the ap e�al.
Alternative compliance shall apply to the specific site for which it is requested and does
not establish a precedent for assured approval of any other request at any other location in
the City.
F. Height,Area and General Building Placement Development Standards
6. Zero Lot Line Setback Permitted.
3
AMENDING THE UDC TO GRANT FINAL APPROVAL
AUTHORITY TO CITY COUNCIL
DM#279732.2
The City Planner may consider zero lot line development where appropriate on those side
and rear property lines within the interior of the Highway Commercial zoning district
where same uses adjoin one another, subject to compliance with all applicable City
Building and Fire Codes, as amended. The allowance for zero lot line setbacks does not
supersede any requirements for landscaping, or buffering required by this UDC or any
applicable City Building or Fire Codes. The zero-lot line setback option shall not apply to
uses allowed by right in C-4, I-1 and I-2 districts except uses in those districts that adjoin
uses in the same C-4, I-1 or I-2 districts. If the City Planner denies a request for a zero-lot
line setback, the developer may appeal this decision to the Planning and Zoning
Commission. The Commission shall hear the appeal and issue a recommendation to City
Council, which shall have final authority to approve or den the he appeal;
K.Use Context and Use Transitions.
2. Transitional Standards.
a) Development of a more intensive land use adjacent to an existing, planned or
zoned less-intensive land use, either inside or outside the Mixed-Use district
boundary. The City Planner shall have the authority to make a final determination
regarding relative intensity of adjacent land uses, taking into consideration, at a
minimum, the relative size, design, operations and traffic generation patterns of
the adjacent land uses; and
b) Require mitigation techniques to mitigate negative impacts, uses or activities on a
project that, as determined by the City Planner, could reasonably be regarded as a
nuisance for neighbors.
c) Transitional determinations made the City Planner may be appealed to the Qty
Council, after review and recommendation by the Planning and Zoning
Commission.
NOTE: All remaining sections of the UDC shall remain unchanged.
SECTION 3. AMENDMENT TO UDC ARTICLE 8. From and after the effective date,
Article 8. — Fences, Screening and Exterior Design Standards, Subsection 8.3.1(C) — Exterior
Building Materials, of the Unified Development Code, shall be amended and shall hereinafter
read as follows:
Article 8—Fences, Screening and Exterior Design Standards
8.3.1 Exterior Building Materials (refer to Appendix C)
4
AMENDING THE UDC TO GRANT FINAL APPROVAL
AUTHORITY TO CITY COUNCIL
DM#279732.2
C. If encouraged exterior building materials are used, developer may be granted
reductions to items such as but not limited to landscaping, buffering and/or parking for
overall development. Reductions will be approved per by the City Council, following
review and recommendation by the Planning and Zoning Commission.
NOTE: All remaining sections of the UDC shall remain unchanged.
SECTION 4. AMENDMENT TO UDC ARTICLE 12. From and after the effective date,
Article 12 — Site Plan Review, Subsection 12.2.3(5) — Approval Procedures, of the Unified
Development Code, shall be amended and shall hereinafter read as follows:
Article 12. Site Plan Review
12.2.3 Approval Procedures
5. The approval procedure shall be conducted within the 30 days prescribed by
Section 212.009 of the TLGC and Section 20.3.1.C.
If the cause for denial is based.on any. of the criteria described in Section 12.2.1, the
applicant can appeal the decision of the City Planner to the Planning and Zoning
Commission for review before a final determination by City Council. If a Site Plan is
denied based on the failure of the Site Plan to comply with a specific development
standard of the UDC, the applicant may pursue variance relief through the Board of
Adjustment.
NOTE: All remaining sections of the UDC shall remain unchanged.
SECTION 5. AMENDMENTS TO UDC ARTICLE 17. From and after the effective date,
Article 17 —Landscaping; Buffering and Protected Trees, Subsections 17.1(C)(8)(d), 17.1(L)(5)
and 17.1(0) of the Unified Development Code, shall be amended and shall hereinafter read as
follows:
Article 17—Landscaping, Buffering and Protected Trees
Section 17.1 Landscaping and Buffering
5
AMENDING THE UDC TO GRANT FINAL APPROVAL
AUTHORITY TO CITY COUNCIL
DM#279732.2
C. Installation and:Maintenance
8:Irrigation:
a. All landscaped areas shall be irrigated with an approved automatic_ underground
irrigation system unless the landscaped area has been designed utilizing xeriscaping
methods. All irrigation systems shall be designed and sealed in accordance with the
Texas Commission on Environmental Quality (TCEQ) and shall be professionally
installed. Irrigation shall not be required for undisturbed natural areas 'or
undisturbed existing trees.
b. Flat spray heads should be utilized under shrubs rather than upward spray heads on
risers above shrubs..Lawn spray heads should have low precipitation rates,.run for.
longer periods of time, and water infrequently to promote deep root growth for
grasses. Irrigation systems must be equipped with a rain/freeze sensor.
c. The 20% landscaping requirement for multi-family or nonresidential development
may be reduced to 10%, for those developments where 67% of the total required
landscaping is devoted to any combination of the following:
i. Undisturbed natural areas or undisturbed existing trees,
ii. Xeriscape landscape design,
iii. Incorporate porous hose, deep pipe, clay-pot lid, porous capsule, perforated
drainpipe, micro catchment, drip, wick, or other comparable alternative
irrigation systems for and climates,
iv..Utilize reclaimed, recycled, gray water, non-potable surface water, rainwater
or alternative water harvesting systems in accordance.with Texas Commission
on Environmental Quality (TCEQ)standards and the adopted plumbing code,
or
d. In review of landscape plans for compliance with the above criteria to. reduce the
amount of required landscaping requirement, the City Planner may grant a pro-rata
reduction between the required percentage and a reduced percentage. An applicant
may appeal the pro-rata credit proposed by the.City Planner to the PlatmAng and
City Council for a final determination, following :review and
recommendation by the Planning and Zoning Commission.
.L.Non-residential and Multi-family Landscape Buffer Requirements
5. Depending upon the height of the items being screened; the distance from the buffer of
items being stored, utility easement locations and the proximityof residential lots, staff
reserves the flexibility to increase or decrease the above buffering standards based upon
site specific circumstances, An applicant may appeal the final decision of the City with
respect to this requirement to the City Council, following review and.recommendation by
the Planning and Zoning Commission.
6
AMENDING THE UDC TO GRANT FINAL APPROVAL
AUTHORITY TO CITY COUNCIL
DM#279732.2
'O. Public.and Private Schools, Churches,Landscaping.Credits
The- City recognizes the unique circumstances associated with school and church
development and the fact each of these uses may have considerable. open space, devoted
to playgrounds, ball fields, outdoor recreation or areas.for future expansion of facilities.
For.these uses, the City Planner has the .discretion'to issue landscaping credit toward .
fulfilling the landscaping requirements of this UDC subject to the following criterion:
.1. Open space is landscaped with approved turf grass designated by this section,
2. Open space contains recreational facilities, including, but not limited to playgrounds
and tennis courts, on pervious or impervious surfaces;
3. More substantial tree and shrub landscaping is planted along the perimeter of the
school or church property lines;
4. Landscape Plan complies,with all Landscape Buffer requirements of this section for
protected uses.
The decision of the City Planner may be appealed, to the City Council, following
review and recommendation by the Planning and Zoning Commission.
NOTE: All remaining sections of the UDC shall remain unchanged.
SECTION 6. AMENDMENTS TO.UDC ARTICLE 19. From and after the effective date, ,
"Article 19 General:Subdivision Standards,.Subsections 19.9(H)(4) and 19.9(0)(8)(1)(1) of:the
Unified-Development Code, shall be amended and shall hereinafter read.as follows: .
Article.19.=General Subdivision Standards
H.Alternative Design Standards
4.Appeals to the Planning and Zo6ing Commission.
If a proposed alternative design is rejected by the City Engineer, the subdivider may appeal the
decision to the City Council, following review and.recommendation by the Planning and Zoning
Commission.
7
AMENDING THE UDC TO GRANT FINAL APPROVAL.
AUTHORITY TO CITY COUNCIL
DM#279732.2
O. Green Space Preservation
8. Buffer Management and Maintenance.
a) Protected stream systems and vegetative buffers shall be managed to enhance and maximize
the unique value of these resources. Management includes specific limitations on alteration
of the natural conditions of these resources. The following practices and activities are
restricted within the vegetative.buffer:
i. Clearing of any existing vegetation;
ii. Soil disturbance by grading, stripping, or other practices;
iii. Filling or dumping;
iv. Use, storage, or application of herbicides.
b) The following -structures, practices, and activities are 'permitted in the vegetative buffer,
with specific design or maintenance features:
is Roads,bridges, sidewalks, and utilities;
(1) These facilities may be constructed if such are required by the City; access to
the property would be hindered or compromised because of the property's location;
or if conditions specific to the land require it. In any of these instances, the
Planning and Engineering Director or designee may administratively grant
approval or deny the request for the construction of said structure(s). In the event .
of denial by the Planning and Engineering Director or designee, the issue may be
appealed to the City Council; following review and recommendation by the
Planning and Zoning Commission, whese deeisien shall be fires'. The Cily
Council's decision shall be final.
NOTE: All remaining sections of the UDC shall remain unchanged.
SECTION 7. AMENDMENTS TO UDC ARTICLE 20. From and after the effective date,
Article 20 — Subdivision Regulations, Subsections 20.3.3(H), 20.3.5(G), 20.3.5(H),
20.3.14(B)(2), 20.3.15(C) and 20.3.17(D) of the Unified Development Code, shall be amended
and shall hereinafter read as follows:
Article 20—Subdivision Regulations
Section 20.3.3 Preliminary Plat.
H. Approval of the Preliminary Plat
8
AMENDING THE UDC TO GRANT FINAL APPROVAL
AUTHORITY TO CITY COUNCIL
DM#279732.2
1. The PlmirAng and Zening GaRHnissie City Council shall be the governing
body with final authority for approval, denial or approval with conditions for Preliminary
Plats, following review and approval by the Planning and Zoning Commission. Pursuant
to Section 212.009(a) of the Texas Local Government Code, the Planning and Zoning
Commission must approve, approve with conditions, or disapprove a preliminary plat
within thirty (30) dgys after the date on which the preliminary_plat was filed with the
City. Pursuant to Section 212.009(b) of the Texas Local Government Code, the City
Council must approve, approve with conditions, or disapprove a preliminary_plat within
thiM 30) dgys after the date on which the preliminary plat was approved by action or
inaction of the Planning and Zoning Commission. A preliminary_plat is approved unless
it is disapproved within either of the aforementioned thirty (30) dgy timeframes specified
by state law and in accordance with Section 212.0091 of the Texas Local Government
Code..
2. When a preliminary plat has been approved, the subdivider may file
construction plans. On approved construction plans, the subdivider may thereafter file a
final plat of sections of the proposed subdivision upon which approval of the preliminary
plat has been obtained, and upon the filing of a final plat covering a portion of such
subdivision, the remainder of the preliminary plat shall be deemed as considered
approved or conditionally approved;provided, however,that such approval or conditional
approval of the remainder of the preliminary plat shall be limited to a three (3) year
period.from the date of final approval of a section or sections thereof; provided further;
however, that the Planning and Zoning Commission may, upon application and at its
discretion, recommend to extend such period of validity not to exceed two (2) years,
subject to final approval by City Council. When a preliminary plat has been approved and
thereafter the subdivider fails to file a final plat of the subdivision or a section thereof
within a period of two (2)years, the approval of the preliminary plat shall be void except;
however, the Planning and Zoning Commission may, upon application and at its
discretion, recommend to extend such period of validity not to exceed one (1) additional
year, subject to final approval by City Council.
Section 20.3.5 Final Plat.
G. Approval of Final Plat
1. The City Council shall the governing body
with final authority for approval, denial or approval with conditions for Final-Plats.,
following review and 'approval by the Planning and Zoning Commission. Pursuant to
Section 212.009(a) of the Texas Local Government Code, the Planning and Zoning
Commission must approve, approve with conditions, or disapprove a final plat within
thirty_(30)ddays after the date on which the final plat was filed with the City. Pursuant to
Section 212.009(b) of the Texas Local Government Code, the City Council must
9
AMENDING THE UDC TO GRANT FINAL APPROVAL
AUTHORITY TO CITY COUNCIL
DM#279732.2
ap rpm ove, approve with conditions, or disapprove a final plat within thiM (30) days after
the date on which the final plat was approved by action or inaction of the Planning and
Zoning Commission. A final plat is approved unless it is disapproved within either of the
aforementioned thiM (30) day timeframes specified by state law and in accordance with
Section 212.0091 of the Texas Local Government Code.
2. In the event a Final Plat does not receive Planning and Zening C
City Council approval within the above thirty. (30) day timeframe, a note on the recorded
Final Plat will state: "This plat was filed for approval on in
accordance with the City of Cibolo Unified Development Code, Article 20. Due to
inaction by the approving body of the Planning and Zo in C,,mi n -si .flQu Council, this
plat is deemed approved on by operation of law per
-,..:, ill 3WSubsection 21-2.009(6) of the Texas Local Government Code.".
3. When a Final Plat has been approved, the subdivider may commence with the
plat recordation process, provided that the City is furnished a current Certified Tax
Certificate confirming that all taxes have been paid in full.
44. On approval of the plat, said plat being otherwise fully and properly endorsed,
the Chairman of the Commission, the Commission Vice-Chair, Mayor and City Secretary
shall sign the Final Plat. However, in no case shall the plat be recorded nor signed by any
agent of the City until the City Engineer has approved all plans and specifications for the
subdivision as herein required.
25. Final Plat approval will expire two (2) years after City Council
action granting approval of any plat unless the plat has been filed for record.
36. After final approval has been obtained and prior to recording the plat, one (1)
mylar print and one (1) paper copy of the Final Plat shall be furnished to the City, at the
developer's expense. The plat recording fees of the County Clerk shall also be submitted
to the City.
4 (NOTE: strikethrough number 114") 7. Staking Plat on Ground — The
engineer or surveyor shall place such monuments as required by the City set at all corners
and angle points of the boundaries of the original tract to be subdivided and at all street
intersections, angle points in street lines and points of curve, and at such intermediate
points as shall be required by the City. Such monuments shall be of iron pipe not less
than three-quarters (3/4") of an inch in diameter and three (3') feet in length, driven
securely into solid earth with the grades of same being at grade with established
sidewalk, or if the walk is not established, flush with natural grade.
The City recommends that staking be performed prior to recording the Final Plat
to confirm that the plat accurately represents the survey and that all required monuments
are accurately shown on the plat. Remedies to resolve any discrepancy between the
staking survey and approved Final Plat are subject to the Amending Plat requirements of
10
AMENDING THE UDC TO GRANT FINAL APPROVAL
AUTHORITY TO CITY COUNCIL
DM#279732.2
this Article, but the City has more latitude to administratively correct minor discrepancies
on the Final Plat before the plat being recorded.
H. Expiration and Extension.of a Final Plat
1. Expiration. The approval of a Final Plat shall remain in effect for a period of
two (2)years after the date the application was approved or conditionally approved by the
Planning and Zening GeRHnissie City Council, during which period the applicant shall
submit any required revisions for approval and recordation of the plat. If the Final Plat
has not been recorded within the two (2) year period, the Final Plat approval, unless
extended, shall expire and the plat shall be null and void.
2. Extension. At the request of the properly owner or their representative, the
expiration date for approval of a Final Plat may be extended by the Cennfilissieft Ci1y
Council for a period not to exceed six (6) months. A Final Plat is not subject to
reinstatement following expiration.
Section 20.3.14 Replatting.
B. Replatting without vacating preceding plat.
A replat of a Final Plat or portion of a Final Plat may be recorded and is controlling over
the preceding plat without vacation of that plat if the replat:
1. Is signed and acknowledged by only the owners of the property being replatted;
2. Is approved by the City Council, following review and recommendation by the
Planning and Zoning Commission;
3. Does not attempt to amend or remove any covenants or restrictions previously
incorporated in the Final Plat.
Section 20.3.15 Amending Plats.
C. The City Planner may approve amending plats administratively, or, for any reason,
may elect to present the Amending Plat to the Planning and Zoning.Commission and City
Council for consideration and approval. Any decision made on the Amending Plat by the
Planning and Engineering Director shall be approval of the plat. Should the City refuse to
approve.the Amending Plat, then the plat shall be referred to the City Council
and Zoning Cefffinissien for review and approval within the time period required by State
law, following review and recommendation by the Planning and Zoning Commission.
11
AMENDING THE UDC TO GRANT FINAL APPROVAL
AUTHORITY TO CITY COUNCIL
DM#279732.2
Section 20.3.11 Development Plats.
D.Exceptions.
No development plat shall be required where:
1..the tract to be developed has received Final Plat or Replat approval.or was
created prior to the effective date of this Ordinance; or
2. a.subdivision plat is also required under the ordinances .of the City.. The
Planning and Zoning Commission may from time:to time recommend to exempt other
development or land divisions from the requirements of this Section, subject to final
approval by City Council.
. NOTE: All remaining sections of the UDC shall remain unchanged.
SECTION `8. AMENDMENTS. The only amendments to the Code of Ordinances are
identified above as outlined by strikeouts for deletion and underlines for addition, and all other
provisions of those sections and the Code of Ordinances remain unchanged.
SECTION 9. PUBLIC PURPOSE. The City Council finds that these amendments to the
UDC are in the public interest and are necessary to promote the health, safety and welfare.of the
public.
SECTION 10. INCORPORATING RECITALS. The City Council -approves the recitals
hereto and incorporates them herein as findings of fact.
SECTION 11. 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 12. 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 13. EFFECTIVE DATE. The Ordinance shall.be effective immediately,following
publication as:required by law.
ORDERED this 277 day of 2021.
12
AMENDING THE UDC TO GRANT FINAL APPROVAL.
AUTHORITY TO CITY COUNCIL
DM#279732.2
By:
STOSH BOYI
Mayor
ATTEST
PEGGY CIMICS,TRMC
City Secretary
APPROVED AS TO FORM:
DTRG, City Attorney
13
AMENDING THE UDC TO GRANT FINAL APPROVAL
AUTHORITY TO CITY COUNCIL
DM#279732.2