Ord 1386 11/21/2022 CUP Manfu. Home OF C/
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"City of Choice"
ORDINANCE No:
rAN ORDINANCE APPROVING A CONDITIONAL USE PERMIT.-FOR ONE (1) ACRE OF-�:
REAL PROPERTY LOCATED AT: : 607 , COUNTRY : LANE TO :ALLOW FOR .: A
MANUFACTURED.HOME; DECLARING COMPLIANCE WITH APPLICABLE:STATE AND
LOCAL LAWS;JNCORPORATING RECITALS; REPEALING ORDINANCES OR PARTS OF .:
ORDINANCES: IN CONFLICT; PROVIDING FOR SEVERABILITY; AND DECLARING AN .:q
EFFECTIVE-DATE.----
WHEREAS, Texas Local::Govemmeht Code Section ,211.004 provides Ahat zoning regulations and:
district boundaries must be adopted in accordance with a duly adopted Comprehensive Plan;:and
WHEREAS, Texas Local Government Code Section 211.002 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 subj ect.pro.p.erty of t I h.is Condit I i onal Use Permit("CUP")is:located within aLow Density'
Sin le-Faniil��Resideiitial(SF-2)�Zonin District and
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WHEREAS, the Use Table set forth in Section 13.1.of Appendix A of the Code.of Ordinances for the
City of Cibolo,,:also known as the.Unified Development Code ("UDC"), allows a Manufactured Home as
a ermitted use within that zoni district upon approval of ai CUP for same; and
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WHEREAS, the'City, of*Cibolo has received a valid and completed application'fromMr. 'James M.
a
Hodges and.G6neva M-. Hodges to request:a CUP for one(1)acre of real property located on 607 Country
Lane to allow for a Manufactured Home on the subject property; and
WHEREAS, two public hearings were.held to discuss the rezoning to the. real property described
herein; with the firstpublichearing being conducted by th e- Planning&Zoning Commission on October
42, 2022 in the cibolo Cit
y:Hall and:the second public:hearin :being,conducted b
.9 y City
Council.o. n
October 25, 20*223 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.aManufactured
Home-on the subject property,comprised of I acre as described herein and further depicted in Exhibit"A"
. . . hereto';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 eneral circulation in the City.of Cibolo and
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7362/8#2953 14.2
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 October 12; 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 a condition;and ..
WHEREAS, on November 21, 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 I acre of land in Guadalupe County, Texas, out:
of the Leal Jeronimo.Survey,Abstract 210 of Guadalupe County Public Records; said one (1) acre of real
properties being depicted in EXHIBIT.."A" (the.."Property"); and incorporated herein by reference, is
hereby amended byConditional Use Permit for the use of a Manufactured Home, with the condition that .
the Accessory Residential Unit is a maximum of 1,500 square feet, subject to all applicable federal, state
or local laws or regulations set forth in the:City's UDC.
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'
SECTION 3.INCORPORATION OF-RECITALS: The City Council finds the recitals in the preamble
of his Ordinance are true and correct and incorporates them as findings-of fact.
SECTION 4. REPEALED. All ordinances, parts of ordinances;'or resolutions in confliet,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,: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.
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PASSED,APPROVED,AND ADOPTED THIS1_�DAY O2022.
STOSH BOYL
Mayor
ATTEST:
PEGGY CIMICS, TRMC
City Secretary
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EXHIBIT "A": SUBJECT PROPERTY FOR CONDITIONAL USE PERMIT
Exhibit A
Symbology.
Q.Property Requesting Rezone .
®.Properties within 200'Notification Area
® 20O'Properties
Parcel Boundaries
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Feet September 2022
135227
65360
6650
1 7331
66499
137330
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EXHIBIT "B": UPDATED OFFICIAL CIBOLO ZONING MAP
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