Ord 1384 11/21/2022 Buffering Of. .0
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ORDINANCE NO: 1 7
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF CIBOLO, TEXAS, APPENDIX A — UNIFIED: DEVELOPMENT
CODE, ARTICLE 4 "ZONING REGULATIONS", .SECTION 4.7.4.4.2
"PERFORMANCE STANDARDS" SUBSECTION G "BUFFERING" TO .
ADOPT NEW: CRITERIA FOR BUFFERING IN THE OLD. TOWN
MIXED USE OVERLAY DISTRICT WHERE A NON:RESIDENTIAL USE
IS ADJACENT TO A RESIDENTIAL USE; DECLARING _A PUBLIC
PURPOSE; INCORPORATING-RECITALS; PROVIDING A REPEALER
AND SAVINGS .CLAUSE;. PROVIDING .FOR SEVERABILITY; AND
SETTING AN EFFECTIVE DATE.
WHEREAS,the City of Cibolo; Texas (the"City") is a home.rule municipality; 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 in the Old Town Mixed Use
Overlay District, specifically Section 4.7.4.4.2 (G) -`:`Buffering" of the:UDC are necessary to
adopt buffering standards .between residential and non-residential:uses are.both reasonable and
enforceable, 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 October
12, 2022 at 6:30 PM in.the Cibolo City Hall and the second public hearing being conducted by
City Council on October 25. at 6-:30 PM 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 :proposed
amendment, 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 October 9,.2022; and
WHEREAS, on- October 12, 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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WHEREAS, the City Council fmds-that the proposed amendments do clarify the buffering
requirements in the Old Town Mixed
Use District and the amendment to the UDC are
consistent with-the City's Comprehensive.Master. Plan and shall not interfere.-with any:existing
use of anyproperty in the City; and
NOW THEREFORE,ahe 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.:AMENDING SUBSECTION 4.7.4.4..2 (G) "Buffering" OF UDC - From and
after: the effective date, Article 1 — General Provisions of the Unified Development Code;
Section 4.7.4.4.2 (G)'Screening Wall and Buffer Yard shall be revised and shall hereinafter read
-as follows:
Article 4=Zoning Regulations
Section 4.7—.Lot Design
Section 4.7.4.4-Old"Town Mixed Use Overlay District Regulations
Section 4.7.4.4.2 Performance Standards..
G. Screening Wall and Buffer Yard.
A screening. walls and: buffer.yards are to: be used as a.development tool.to minimize:
potential nuisances as well as act as a transition between non-residential and residential land
uses. The screening.walls and buffer yards shall include (but not limited to) landscaping.
The screening.walls and landscaping are to be installed along the property lines between the
non-residential and residential._.land uses.-The requirements:_ for the screening Walls .and
buffer yards areas follows:
1. Eight (8)-foot high solid screening wall made of masonry-and/or concrete requiring no
additional buffer,yard; or
2. Eight (8) foot high semi-opaque (meaning very:small gaps=exist between screening
material) screening.wall made of wood; masonry, and/or.-:concrete;with a-required five
(5) foot wide landscape buffer yard which shall include:
a. One (1) evergreen tree no smaller than three inches (3.0") caliper every 20-feet
along:a property line between the non-residential and residential properties; and
b. Eight(8) no less than four(4) foot tall shrubs between each set of evergreen trees
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3. :If lot is seventy (70) feet or:wider, the property shall comply with the non-residential-
and.multi-family landscape buffer requirements as set out in the UDC; Article 17,
Section 1.7.(L)
a. If property is .within ahe Old Town Mixed Use Overlay District the owner may
apply for a.variance.from the requirements set out in Item.3.
Any: utilization of the front yard by non-residential uses other -than for: vehicular
ingress/egress and landscaping shall construct a.four (4) foot high.screening wall made of
wood, masonry and/or concrete along the side property lines abutting residential land uses.
beginning from the front.elevation of the building to the front property line.
All open space within a buffer yard.shall be planted with grass.or other.vegetative ground ..
cover.:No parking, HVAC equipment, generators; dumpsters, storage, and/or accessory.
building shall be permitted within a required buffetyard.
The following.must not be considered as all or part of a buffer yard: alleys or public right of
ways:
NOTE:All remaining sections of the UDC shall remain unchanged.
SECTION 2. 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.3. INCORPORATING RECITALS. -The City Council approves the recitals hereto.
and incorporates them herein as findings of fact: .
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SECTION-4. 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°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.
SECTION. 6. EFFECTIVE DATE. The Ordinance shall be effective immediately, following
publication as required bylaw.
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ORDERED this day of November 2022.
By:
STOSH BOYLE
Mayor
ATTEST:
PEGGY CIMICS, TRMC
City Secretary -
APPROVED AS TO FORM:
TR , C.
Attorney
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