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Ord 1357 02/22/22 Revise Art. 13.3 CUP `ddlllllllillirii/II///ryry / . ` .. 1,% 0 r .. .. `""��Hry!/IIIII/I11i1111111111� T ._X.A 5 "City of Choice" ORDINANCE NO. 3 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" TO REVISE ARTICLE 13.3 INDUSTRIAL USES TO ALLOW CONVENIENCE STORAGE BY CONDITIONAL USE PERMIT (CUP) AND SUPPLEMENTAL STANDARDS ... WITHIN THE COMMUNITY RETAIL/SERVICE (C-2) ZONING DISTRICT; PROVIDING FOR ADOPTION; REPEALING ALL: OTHER ORDINANCES IN CONFLICT; PROVIDING FOR:SEVERABILITY;.PROVIDING FOR PENALTY; AND PROVIDING AN:EFFECTIVE DATE. WHEREAS, Chapter 212: of the Texas Local 'Government Code empowers the City- of Cibolo; Texas (the "City") to establish,administer, enforce and amend Subdivision Regulations; and WHEREAS, Chapter 211of the Texas Local Government Code empowers the- City to establish,administer, enforce and amend Zoning Regulations; and WHEREAS,the City Council of the City of Cibolo, Texas, ("City Council") adopted Ordinance 1048 on February 26,2013,adopting a Unified Development Code("UDC")to improve the ability of the City to protect the community health, safety and general welfare; and WHEREAS,Article 3; Section 33 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 provide for-safe, orderly and healthful development within themunicipality's jurisdiction; and WHEREAS, two..public hearings were held,-to discuss the proposed amendment:to allow. Convenient Storage by-Conditional Use Permit and. Supplemental Standards in the Community Retail/Service (C-2)Zoning District of the UDC,with the first public hearing being conducted by the Planning and Zoning Commission on February 9,2022 in the Cibolo City Hall; and,the second public hearing being conducted by:City Council on February 22, 2022 in ate Cibolo City Hall; each being conducted for the purpose of providing all interested persons the opportunity to be heard concerning the proposed amendment to the UDC; and 1 7362/8#285313.3 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 January 23, 2022, in accordance with applicable state and local laws; and WHEREAS,on February 9,2022,the Planning and Zoning Commission,after due consideration, recommended.that City Council'approve the proposed amendment to the UDC to allow Convenient Storage by Conditional Use :Permit (CUP).and Supplemental Standards in the Community Retail/Service (C-2)Zoning District;-and WHEREAS, the City Council finds and determines that the various proposed amendments were fully reviewed by the Planning and. Zoning :Commission and :accurately reflect the land development policies of the City Council as appropriate,-necessary and in the public interest; and NOW, THEREFORE, BE IT ORDAINED-BY THE CITY COUNCIL OF THE. CITY OF CIBOLO, TEXAS: SECTION,I: ADOPTION. THAT, the Appendix A of the City's Code: of Ordinances, also known as the UNIFIED DEVELOPMENT CODE("UDC") is hereby amended to revise the Use Table in Section 13.3 Industrial Uses to allow:Convenience Storage by Conditional Use Permit(CUP)and:Supplemental Standards within the Community Retail/Service (C-2) Zoning District. The Use Table shall hereinafter include a"C-S."in the column labelled C2 at the row for Convenience Storage,located beneath the Warehousing and Distribution heading,thereby permitting issuance of a CUP to allow Convenience Storage on property located within the Community Retail/Service (C-2) Zoning District, subject to applicable supplemental use regulations described elsewhere in the UDC. SECTION.II. PUBLIC PURPOSE. THAT, the City Council finds that this amendment to the UDC is in the public interest and is reasonably necessary to protect the community health, safety, and. general welfare of the municipality:arid promote 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. 2 7362/8:#285313.3. SECTION VI. PUBLIC MEETING-. THAT,it is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to thepublic 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- pursuant to Chapter 551, 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 22'd day of February 2022. STOSH BOY Mayor ATTEST: .; PEGGY CIMICS,TRMC City Secretary qp . . 3 7362/8:#285313.3 .