Ord 1380 09/27/2022 UDC Article 1,3,20 Of C/�
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ORDINANCE NO. 1380:
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITYOF CIBOLO, TEXAS, APPENDIX A — UNIFIED DEVELOPMENT
CODE, ARTICLES 1, 3, AND 20 TO ADOPT ADDITIONAL APPROVAL
CRITERIA FOR CERTAIN PLATS AND DEVELOPMENT PLANS AND
CLARIFY EXISTING.APPROVAL CRITERIA FOR SAME; DECLARING
A PUBLIC PURPOSE; INCORPORATING RECITALS; PROVIDING A
REPEALER AND SAVINGSCLAUSE; PROVIDING FOR
SEVERABILITY; AND:SETTING AN EFFECTIVE DATE.
WHEREAS,the City of Cibolo, Texas(the "City”) is a home-rule:municip.ality; and
WHEREAS, Section 3.7 of;the City's Unified_ Development Code ("UDC") establishes a
process for adopting amendments thereto; and
WHEREAS, the City.Council has determined that certain revisions to the UDC are necessary to
clarify the purpose of certain'provisions and adopt_additional approval criteria for development-
concept:plans, land studies, etc.; and
WHEREAS, the City Council has determined that such revisions.are necessary and appropriate
for the. efficient administration of the City's.zoning and subdivision rules, 'as set forth in the
UDC, and to promote the health, safety and welfare of the public; and
WHEREAS, two public hearings were held to discuss the UDC amendments described herein;
with the first public hearing being conducted by the Planning & .Zoning Commission on .
September 14; 2022 at 6:30 p.m. in the Cibolo City Hall and the second public hearing being
conducted by City Council on September 27, 2022 at 6:30 p.m. in the Cibolo City Hall; each
being conducted for the purpose of providing all interested persons the opportunity to be heard
concerning the proposed"UDC amendments described herein; and
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, on September 11, 2022; and
WHEREAS, on September 14, -2022, the Planning and Zoning Commission, after due .
consideration of this ordinance; -including all -matters listed in .Section 3.7 of the .UDC,
recommended that the City Council approve the proposed amendments to the UDC; and
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AMENDING THE UDC PLAT/PLAN APPROVAL CRITERIA
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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 CIBOL0;
TEXAS:
SECTION 1. AMENDINGSUBSECTION 1.403) OF UDC From and after the-effective
date, Article 1 General.Provisions of the Unified Development Code; Section 1.4 Jurisdiction;
Subsection(13)(5)(a), shall be revised and shall hereinafter read as follows:
Article 1 —General Provisions
Section 1.4 -Jurisdiction
B. Jurisdiction within Extraterritorial Jurisdiction
The City extends to its extraterritorial jurisdiction (ETJ) the regulation of subdivisions and.
property development adopted under TLGC Chapter 212. Unless otherwise authorized by State
law, within its ETJ,the City may not regulate:
5. The size; type, or method of construction of a water or wastewater facility that can be
constructed to serve a developed:tract of land if:
a) The facility meets the minimum standards established for water or wastewater facilities
by state and federal regulatory entities er and
SECTION 2..AMENDMENT TO SECTION 3.12.A OF UDC - From and after the effective
date, Section 3.12 Public.Infrastructure Improvements, Construction Plans and Facility
Agreements, Article 3 — Procedures and Applications, of the City's Unified Development Code,
shall, be amended at Subsection_ 3.12.A Applicability to add the language indicated with
underlines below, and shall hereinafter read as follows:
Section 3.12 - Public Infrastructure Improvements, Construction-Plans -and Facility .
Agreements
A.Applicability
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AMENDING THE UDC PLAUPLAN APPROVAL CRITERIA -
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Every subdivision or.development which requires the installation of public infrastructure-
improvements to serve the proposed subdivision or development is required to submit
construction .plans to ensure that the requiredimprovements are constructed in
accordance with all applicable _standards.of this UDC or any other codes of the City
pertaining to the construction and- installation of the improvements: All public
infrastructure improvement construction plans shall he submitted and approved prior to
an .application for- a final plat. For any final plats in the ETJ -that involve public
infrastructure for water or wastewater:utilities that are.intended to be serviced by an
entity separate from the City of Cibolo, the City shall be provided a letter from the
service provider affirming that: the service provider has reviewed and approved all
associated public infrastructure improvement construction plans necessary to be
constructed to provide adequate water or wastewater services: Timeframes of said
infrastructure .improvements shall be expressly provided as part of -the application
package that is reviewed by the Cily prior.to approval of a final plat.
SECTION 3.:AMENDMENTS.TO UDC ARTICLE 20. From and after the effective- date,
Subsection 20.1.3(b); Article 20 - Subdivision Regulations, of the.City's-Unified Development
Code, shall-hereinafter read as follows to add-the language indicated with underlines below:
Section 20.1.3 Authority of the City; Extension to Extraterritorial Jurisdiction
(ETJ); Purpose.
b. Purpose. In order to achieve orderly, efficient and environmentally sound:
development of land, the City must be provided with appropriate guidelines and
development management mechanisms. This Article, in conjunction with anyother
land use:control tool as may be adopted by the City, provides those guidelines and
mechanisms. The purpose of this Article is to promote sound planning in the
subdivision of land, and to provide consistent rules, which protect the public health,
safety, and welfare while allowingthe he legal platting of land:
SECTION 4. ADDITIONAL AMENDMENTS TO UDC ARTICLE 20. From and after the
effective date, Subsection 20.3.2 — Overall Development .Concept Plan/Land Study/Master .
Plan/Mixed Use Concept Plan, Article 20 - Subdivision Regulations, of the City'.s Unified
Development Code, shall- hereinafter read as follows to add the language indicated with .
underlines below:
Section 20.3.2 Overall Development Concept Plan/Land Study/Master: Plan/Mixed
Use Concept Plan.
(E) Criteria for Approval..The Planning and Zoning Commission, in its review, and the
City Council, in considering final action on an Overall Development Concept Plan/Land
Study/Master Plan/Mixed Use Concept Plan, should consider the following criteria:
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AMENDING THE UDC PLAT/PLAN APPROVAL CRITERIA
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1. the Study/Plan will be consistent:with all zoning requirements for the propeily, if
within the City corporate limits, or any development regulations approved as part
of a Development Agreement;
2. the proposed provision-and configuration'of roads; water,.wastewater,-drainage
and parkfacilities will be adequate to serve each phase of the development;
3. the schedule of development is feasible and prudent and assures that the proposed
development will progress to completion within the time limits proposed or
allowed prior to Study/Plan expiration;
- 4. if the land lies within the extra territorial jurisdiction and/or is part of an approved
Development Agreement, the proposed-Study/Plah conforms to the provisions of
the Development Agreement and is consistent:with the:incorporated Conceptual
Plan .or any development regulations contained in the approved Development
Agreement; and
5. the location, size and sequence of.the phases of development proposed assures
orderly and efficient development of the land subject to the plan.
ffILand Study Requirement Not Required
1. The requirement to obtain approval of a Land Study prior to beginning the platting
process of a development may not be required when the Planning and Engineering
Director'or his/her designee determines that the scope of the development can
fully be resolved through the platting and site plan review processes or-in those
instances where plats. are filed. in accordance with a previously approved Land
Study.
SECTION 5. AMENDMENTS TO UDC ARTICLE 20. From and after the effective date,
Subsection 20.3.3 Preliminary Plat,:Subsection D, of the City's Unified Development Code, shall
hereinafter read as follows to include the addition of-the following underlined provisions:
20.3.3 Preliminary Plat
D. With the Preliminary Plat Submittal additional reports, data and information; shall be.
submitted.under separate cover identified as an Engineering Report and will include the
following:
6. Developer must also provide the Standard.or Non-Standard Service Agreement
Letters and Wastewater Capacit�ysis required in Section 19.1.F.l.f of this
U.
I. Approval Criteria for-Preliminary Plat Application
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AMENDING THE UDC PLAUPLAN APPROVAL CRITERIA
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In exercising its authority under the preceding subsection; the Planning and Zoning
Commission, in reviewingthe he application and making its recommendation, and the. City
Council, in considering final action on a preliminary plat application, should consider the
following criteria:
1. includes all information and supporting documentation required under applicable
state and local laws;
2. .if approved, plat will comply with all applicable .zoning . and subdivision
regulations promul atg ed by the City and/or County (where applicable);
3. conforms with, and is not contrary to, the City's Comprehensive Master Plan; _-
4. includes template forms for all required easements and dedications including all
conveyances relating to public utilities, and documentseg nerally evidencing
ability to obtain same from grantor or power of eminent domain along with letter
of approval as to,form from the utility provider;
provides for the installation and dedication of adequate .public improvements,
including water and wastewater services as required by Section 19.1(F) of the
UDC.
6. includes all existing sewers, water mains, gas mains, electric and telephone lines,
culverts .,or other underground structures or utilities 1 within .the tract and
immediately gdjacent thereto with pipe sizes and locations indicated,- as well as
the direction, distance and size of water or sewer mains not within or adjacent to
the tract;:
7. includes the size and location of all proposed roads, streets,public and private
drainage facilities; public parks, and.public utility infrastructure and easements,
including water and wastewater distribution main;
8. includes a Conditional-Letter of Map Change ("CLOW") issued by the Federal
Emergency Management Agencyy("FEMA"). if any lots within-the proposed
subdivision will be located within an existingfloodplain, including a Conditional
Letter of Map Revision (as designed or based on fill) ("CLOMR" or "CLOMR-
F") or Conditional Letter of Mqp Amendment("CLOMA"), as applicable; and
9. complies with all terms and conditions of a Public Improvement Agreement, if
applicable, which.may: be evidenced by a certified letter, issued by an attorney
representin the he applicant, affirming that the:applicant has reviewed the 'entire
Public Improvement Agreement and determined that the proposed development is
in compliance.
5.
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SECTION 6. AMENDMENTS TO UDC ARTICLE 20. From and after the effective date;
Subsection 20.3.5 Final Plat, Subsection D, of the City's Unified Development Code, .shall
hereinafter read as follows to include the addition of the following underlined provisions:
20.3.5 Final-Plat
G.:Approval Criteria for Final-Plat Application
8. In exercising its authority under this section, the Planning and Zoning
- Commission, in reviewing the final plat and making its recommendation,and the
City Council, in :considering final action on a final plat application,. should
consider the following criteria:
a. includes all..information and supporting documentation required .under
applicable state and local laws;
b. -if approved, the completed development will comply with all applicable
zoning and subdivision regulations proinul atg ed by. the City and/or County
,(where applicable);.
c Icompliance with all terms and conditions of a Public .Improvement
Agreement, if applicable, which may be evidenced by a certified letter, issued
by an attorney representing. the applicant, affirming that the applicant has
reviewed the entire Public Improvement Agreement and determined that the
proposed development is in compliance.
d. includes a Conditional Letter of Map Change (CLOMA, CLOMR,-or
CLOMR-F) issued by the Federal Emergency Management Agency, if @Lny lot
within the proposed subdivision will be located within an existingfloodplain.
d. conforms with, and is not contrary to, the Ci 's Comprehensive Master
Plan;
e. includes fully executed agreements for all required easements and
dedications, including any conveyances relating to public utilities or other
public infrastructure;
f. includes complete- plans and specifications, approved in writing by all
entities having_jurisdiction over the :proposed improvements, for the
installation, maintenance and. operation of adequate water utility.service as
required by Section 19.1(F) of the UDC, including a final engineering report
certifying the availability of sufficient surface water and/or ground.water to
satisfy the ultimate needs of the subdivision and evidence that sufficient water
rights have been obtained and dedicated, .whether through acquisition or
wholesale water supply. agreement.
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AMENDING THE_ UDC PLAUPLAN APPROVAL CRITERIA
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g:- Where-wastewater treatment is to be provided by an existingrpublic
utility, as that. term is defined by §13.002(19); Texas Water Code, the
applicant shall furnish evidence of a .contractual agreement between the
applicant and a retail public utility in substantially the form attached in
Section 20.6. Before final plat approval,.an appropriate permit to dispose of
wastes shall have been obtained from the TCEQ and complete plans and .
specifications for the installation, maintenance .and operation of adequate
wastewater collection and treatment facilities, as required by Section 19.1(F)
of the UDC,,shall have been approved by all entities having jurisdiction over
the proposed project:
h. Where there is no existingrpublic utility to.construct and maintain
the proposed sewerage facilities,-the applicant shall establish a retail public
utility and obtain a CCN from the Public Utility Commission. Before final
plat approval, a wastewater treatment permit authorizing the treatment-of the
wastewater for the ultimate build-out population of the subdivision shall have
been obtained from the Texas Commission on Environmental Quality and
complete plans and specifications for the proposed wastewater facilities shall
have, been approved by all entities having_jurisdiction over the proposed . .
project.
9. Disapproval of Final Plat. The Planning and Zoning Commission shall not
recommend approval of, nor shall the City Council approve of, any final plat that
does not include the following as applicable: .
a. Applicant has demonstrated that adequate public.improvements have been ,
constructed which- .are sufficient to service -the needs of the. propose
subdivision and all lots -therein. Such public improvements shall include
public streets, roads, alleyways, parks, drainage and other such infrastructure
as are necessary and sufficient to provide adequate service the entire
subdivision and which have not been designed or installed in a manner that is
inconsistent with any provision of the City's Comprehensive.Master.Plan or
other applicable law.
b. Applicant has demonstrated that sites for adequate water-and wastewater
facilities have been dedicated to the appropriate retail public utility_
responsible for operation and maintenance of the facilities;
c. Applicant has provided adequate evidence that adequate water and ...
wastewater facilities have been constructed and installed in accordance with
all applicable laws and regulations, pursuant to plans and specifications
approved by all appropriate entities having_jurisdiction over the facilities
being City, County, other public utility provider, and/or TCEQ, including any
change orders;
AMENDING THE UDC PLAUPLAN_ APPROVAL CRITERIA .
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d: Applicant has :obtained .all necessary permits for the proposed water
facilities and wastewater facilities (other than for OSSF permits on individual
lotswithin the proposed subdivision). and has : entered: into a financial
agreementwith the:City or other public:utility provider, secured by a bond or
otheralternative financial-guarantee such as a cash deposit or letter of credit,
for the provision of adequate water and wastewater facilities in compliance
with the requirements of the UDC; and
e. The final plat, or an en ing eenng_report attached thereto, must discuss the
availability and methodology -of providinadequate water and wastewater
services to each-individual lot within the development, including a detailed
cost estimate per lot for any unconstructed water or wastewater facility.
necessary to serve each lot within the development.:The plan shall include a
construction schedule for each-significant element needed to provide adequate
water or wastewater facilities, including any required financial guarantees.
NOTE: All remaining sections of the UDC shall remain unchanged.
SECTION-7. PUBLIC PURPOSE. The City Council finds that the amendments to the UDC
are in the.public interest and are necessary to promote the health, safety.and welfare of the.
public.
SECTION.8. INCORPORATING RECITALS. The City Council approves the recitals hereto
and incorporates them herein as findings of fact.
SECTION 9. 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 10. 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 11. EFFECTIVE DATE. The Ordinance .shall be effective immediately following
publication as required by law.
ORDERED this `? day of Jae 4 e-M Lz__ 2022.
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AMENDING THE UDC PLAU/PLAN APPROVAL CRITERIA
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By:
STOSH B
Mayor
: :ATTEST:
PEGGY CIMICS,TRMC
City Secretary
:APPROVED AS TO FORM:
ZDT- , C' Attorney
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AMENDING THE UDC PLAUPLAN APPROVAL CRITERIA
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