Ord 1359 04/12/2022 CUP Conv Storage r
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ORDINANCE:
AN ORDINANCE APPROVING A CONDITIONAL USE PERMIT.FOR 4.682 ACRES OF
REAL PROPERTY LOCATED AT: FM 1.103 AND KNIGHTS CROSSING (STEELE
CREEK;SUBDIVISION) TO ALLOW FOR CONVENIENCE STORAGE; DECLARING
COMPLIANCE WITH APPLICABLE STATE AND LOCAL LAWS; 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 21-1.002..authorizes the City. of Cibolo
("City"),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, the subject property of this .Conditional Use Permit ("CUP") is located within a
Community Retail/Sery ce (C-2) Zoning District; and
WHEREAS,the Use Table set forth in Section 13.3 of Appendix A of the Code of Ordinances for
the City of Cibolo, also known as.the Unified Development Code ("UDC_ "), allows Convenience _.
Storage as a permitted use within'that zoning district upon approval of a CUP for same, subject to
applicable supplemental use regulations described in Article 6 of the City's UDC; and
WHEREAS, the City-of Cibolo has received a valid and completed application from Mr. James :
A. Bredewater to request a CUP for 4.682 acres of real property located at FM 1103 and Knights
Crossing (Steele Creek Subdivision)to allow for Convenience Storage on the subject property;
and
WHEREAS, two public hearings were held to discuss the rezoning to the real property
described herein; with..the first public hearing being conducted by:.the Planning & Zoning
Commission on March 24, 2022, in the 'Cibolo City Hall and the second public hearing being
conducted by City.Council on Apri1,12, 2022,.in the Cibolo City_Hall; each being conducted for
the purpose of providing all interested persons the opportunity to .be heard concerning the
proposed CUP to allow for Convenience Storage on the subject property;comprised of 4.682 acres
as described,herein and further depicted in Exhibit"A"hereto;and
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WHEREAS, legal notice notifying the.public of both public hearings on the property proposed to
be_rezoned, was posted on the City's official website and published in the Seguin Gazette, a
newspaper of general circulation in the City of Cibolo; and .
WHEREAS, written notice of the aforementioned public hearings before.the Planning& Zoning
Commission and the City-Council were sent to each owner of real property within 200 feet of the
_subject property of this CUP, as-indicated on the most recently approved municipal tax roll of the
:City of Cibolo, in accordance with applicable state and local law;and
WHEREAS, on March 24, 2022, the Planning and Zoning Commission, after due consideration.
of the requested CUP, including all matters listed in Section 4.3.2 of the UDC,recommended that
the City'Council approve the.requested CUP with conditions; and
WHEREAS, on April 12, 2022, the City Council, having duly considered the request.for CUP,
determined that the CUP should be approved.as requested by adoption of this Ordinance; and
NOW, THEREFORE, BE.IT ORDAINED BY THE CITY COUNCIL OF THE:CITY OF
CIBOLO;TEXAS:
SECTION 1. AMENDMENT. The zoning district for 4.682 acres of land in Guadalupe-County,
Texas, out of the Geronimo Leal Survey 210, Abstract 85.of Guadalupe County Public Records;
said 4:682 acres of real properties being depicted in EXHIBIT "A" (the "Property"), and -
incorporated herein by reference is hereby amended by Conditional Use Permit for the use of
Convenience Storage,with Conditions A, B, and C, subject to all applicable federal, state or local
laws or regulations, including supplemental use regulations set forth in the City's UDC.
A. Maximum Building Height of 35'
B. Downward facing shielded lights required, and
C. Hours of operation per City Noise Ordinance
i. Monday-Friday 7:00am-9:00pm
ii. Saturday and.Sunday 9:00am-7:00pm
SECTION 2.:DECLARATION-..OF COMPLIANCE. The:City Council finds that all required
public notices for a Conditional Use Permit for the Property described in Exhibit "A" have been.
properly issued and all required public hearings have been properly conducted.
SECTION 3. INCORPORATION OF RECITALS. The City Council finds 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,
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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,and 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. This ordinance shall become effective upon the adoption of
this ordinance.
PASSED, APPROVED,AND ADOPTED THIS 12 DAY OF APRIL 2022.
STOSH BO
Mayor
ATTEST:
PEGGY CIMICS, TRMC
City Secretary
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EXHIBIT"A": SUBJECT PROPERTY FOR CONDITIONAL USE PERMIT
Exhibit A
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