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Ord 1395 03/28/2023 Old Town OverlayUs 1 O. TeX�,s "City of Choice" ORDINANCE NO: AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF CIBOLO, TEXAS; TO CHANGE THE ZONING DESIGNATION OF CERTAIN LOTS LOCATED WITHIN THE OLD .TOWN OVERLAY DISTRICT, AS IDENTIFIED HEREIN,TROM C-2(COMMUNITY RETAIL/SERVICE) TO SF -4 (MEDIUM: DENSITY RESIDENTIAL), AS SET FORTH .IN THE CITY'S CODE OF ORDINANCES, APPENDIX A, ALSO KNOWN AS THE UNIFIED DEVELOPMENT CODE;: DECLARING. A ..PUBLIC..:: PURPOSE; INCORPORATING RECITALS;- PROVIDING A REPEALER AND SAVINGS CLAUSE; AUTHORIZING STAFF TO UPDATE .CITY'S OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY AND. SETTING AN EFFECTIVE DATE. WHEREAS; the City of Cibolo, Texas ("City"), as a home -rule municipality, is authorized under.: Chapter 21.1, Texas Local Government Code, to adopt zoning. regulations and zoning districts, including amendments to same from time to. time as appropriate, in accordance with the City's comprehensive plan and with reasonable consideration :for the character of each district and :.its peculiar suitability for . :particular uses so as to conserve the value of buildings and encourage the. most appropriate use of land in the City. for the purpose of promoting the public .health, safety; morals,: or general welfare of the public and protecting areas of historical, cultural, or architectural significance; and WHEREAS, the City Council,;. under Chapter 211 of the Texas Local Government Code and Section 4.3.1 of the City's Unified Development Code, may amend the Official- Zoning Map of the City to rezone an area provided that the amendment is in accordance with the City's comprehensive plan, also known as the Future Land Use Plan; and WHEREAS, the City Council, having duly considered existing land uses -in light of the . City's . comprehensive. plan and existing zoning regulations, has -determined that certain lots .located within the . Old Town Overlay District which are currently zoned as C-2 (Commercial Retail/Service) should be rezoned as SF -4 (Medium Density Residential) to better serve the City's comprehensive plan and advance the stated objectives of the City's zoning authority under applicable state and local -laws, including preservation.of the existing character of the neighborhood, and adjacent current and future land uses; and WHEREAS, the ;City Council and staff have, in addition to the notices and public hearings required by law, conducted town hall 'meetings to solicit public input on the amendments:proposed herein and;- based upon the action or, inaction of allproperty owners affected by the zoning changes proposed herein, have found thereto be no opposition to the zoning changes proposed herein; and 1 REZONING OT OVERLAY DISTRICT LOTS FROM C-2 TO SF -4 DM#291513.0 (3/16/23) WHEREAS, after duly providing all required public :notice, on -March 8, 2023, the Planning and Zoning- Commission oning Commission for City conducted a.public hearing regarding:the amendments to the City's Official Zoning Map as described herein, and thereafter moved to submit to City -Council a final report recommending that such amendments be denied; and WHEREAS, after duly -providing -all .required public notice, on March 14, 2023, the City Council, having received the final report issued by the Planning and: Zoning Commission, conducted a public hearing regarding the amendments to the City's Official Zoning Map as described herein; and WHEREAS, having held public hearings and duly considering this matter in: accordance with applicable local laws as well as statutory requirements set forth in Chapter 211 of -the Texas Local Government Code, the:City Council desires to approve the amendments to the Oficial Zoning Map set:forth herein and acknowledges that a: three-fourths majority vote is required due .the Planning and Zoning Commission's. final report recommending disapproval of the amendments; and WHEREAS, the City Council have determined that the proposed amendment to the UDC is -consistent with the City's Comprehensive Master Plan and the approval criteria set .forth the City's Unified Development Code; 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 CIBOLO, TEXAS: SECTION 1. . AMENDMENTS TO ZONING DISTRICT DESIGNATIONS. From and after the effective date, the zoning: district.designation for each lot identified in this section shall.be changed from . C-2 (Commercial Retail/ServicO to SF -4 (Medium Density Residential), as those terms are defined and used throughout the City's Code of Ordinances, including Appendix A therein, also known as the Unified Development Code. The specific lots affected by this section, hereinafter referred to as the "Rezoned Properties," are enumerated in Exhibit "A" of this ordinance, which shall include sufficient information . . to properly identify all Rezoned Properties, e.g. legal address, :physical address, appraisal district property identification number, etc. For illustration purposes only, an unofficial version.of the City's zoning,map depicting the Rezoned Properties. shall be attached hereto as : Exhibit "B" and shall be marked accordingly as being "FOR ILLUSTRATION PURPOSES ONLY." NOTE: The zoning designation of any lot, other than the Rezoned Properties identified in Exhibit "A" and illustrated in Exhibit, "B;' shall remain unchanged. SECTION 2. . UPDATE OFFICIAL ZONING MAP. In accordance with Section 4.4.1 of the UDC, as of the effective date. of this ordinance the City Council hereby authorizes and directs City staff to amend the City's Official Zoning Map to include the zoning changes set forth in.this ordinance. Such -changes . shall be entered on the Official Zoning Map within thirty (30) business days after, - the amendments described herein have been approved by the City Council and signed by the Mayor. Upon receiving a final, certified version . of the revised Official Zoning Map, the :City Secretary shall attach a copy of the new map to this Ordinance as Exhibit "C." SECTION 3. PUBLIC: PURPOSE. The City Council finds that the zoning. changes described herein are consistent with the City's comprehensive plan and all applicable state and local laws,`and are necessary and appropriate to serve the stated objectives of state and local zoning laws, as well as the public interest. 2 REZONING OT OVERLAY DISTRICT LOTS FROM C-2 TO SF -4 DM#291513.0 (3/16/23) SECTION 4. INCORPORATING RECITALS. The City Council approves the recitals. hereto and incorporates them herein as findings of fact. SECTION 5. 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 6. 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 7. EFFECTIVE DATE. The Ordinance shall be effective immediately once approved by City Council, signed by the Mayor, and attested to by the City Secretary. ORDERED this 28 day of March, 2023. ATTEST PEGGY CIMICS, TRMC City Secretary By: .MARK ALLEN Mayor 3 REZONING OT OVERLAY DISTRICT LOTS FROM C-2 TO SF -4 DM9291513.0 (3/16/23) No Text EXHIBIT A - Attachment 1 List of property :owners who have submitted an affidavit electing to be rezoned from C-2 to SF -4 Date: March 28, 2023; as approved by. City Council Line ,# Parcel ID _ ' _ _' :Legal Description , ' .- ..r Physcial.Address 1 23857 LOT- 12 N 62.5'OF BLK::1 ADDN:-FOUR LEAF -PARK 113 ELM.DR .. 2 23859 LOT: 13 :S 45' OF; N 17.5 OF 14 .BLK: 1 ADDN: FOUR LEAF PARK: 117 ELM DR 3. 23860.: LOT: 14 :S 62.5 OF BLK: 1 ADDN: FOUR LEAF PARK I.119.ELM DR 4 40896 LOT: 9 N 70' OF BLK: 2 ADDN: GEORGE SCHLATHER #2 206 PECAN ST 5 40897 LOT: '10 S 15' OF 9 BLK: 2 ADDN: GEORGE SCHLATHER #2 208 PECAN ST 6 60611 ABS: 57 SUR: WILLIAM BRACKIN 0.4600 AG. 213 MAIN ST 7 67061 ABS: 216 :SUR: AS LEWIS 0.32 AC. 315 SIPPEL 8 67892 ABS: 226 SUR: DAVID MILLER 0.2000AC 105 SANTA CLARA AVE :9 67899 ABS::226 SUR: DAVID MILLER 0.3800AC 103 SANTA:CLARA AVE 10 67909 ABS: 226 SUR`. DAVID MILLER 0.6600 AC. 408 MAIN ST 11 67917 ABS: 226 ::SUR: DAVID MILLER ::0.2100AC :. 203 LAMAR ST 12 67936 ABS: F2761 us-iR: DAVID MILLE=R 0.3380 AC. 402 MAIN ST ® Denotes udpate to list up to Council action on March 28, 2023 EXHIBIT A - Attachment 2 List -of property owners who have, not submitted an affidavit to the City and will be reclassified to SF -4 Date: March 28, 2023, as approved by City Council arceID L PhyscaAddressBri 1 23846 LOT: 3 S 60' OF BLK: 1 ADDN: FOUR LEAF PARK 110 RHEA DR 2 :.: 23847- . LOT: 3 N 20 OF- S 40 OF 4 BLK: 1 ADDN: FOUR LEAF PARK- 108 RHEA DR. 3 23849 LOT- 5 N 60 OF BLK: 1 ADDN: FOUR LEAF PARK 104 RHEA DR 4 23850 LOT: 6 BLK:.1 ADDN::FOUR LEAF: PARK 102 RHEA DR 5 23851 LOT: 7 BLK: 1 ADDN: FOUR LEAF PARK 100 RHEA DR 6 ::: 23853: LOT: 9:. N 60 OF: BLK: 1 ADDN: FOUR LEAF PARK: .. 105 ELM DR: :8 23856 LOT: 11 S 60 OF BLK: 1. ADDN: FOUR LEAF PARK 111 ELM:DR 9 23858 LOT: 13 N 35 OF; .S 27.5 OF 12 BLK: 1 ADDN: FOUR LEAF PARK 115 ELM DR 10. - 35351: LOT: 4 BLK: ADDN: NORTHSIDE-CIBOLO 504 MAIN ST 11 40875 LOT: 3 BLK: ADDN: GEORGE SCHLATHER #1 113 SOUTH ST 12 40876 LOT- 4 BLK: ADDN: GEORGE SCHLATHER #1 109 SOUTH ST 13 40881 LOT: 10 BLK: ADDN: GEORGE SCHLATHER #1 114 ELM ST 14: 40883 LOT: 12: BLK: ADDN: GEORGE SCHLATHER #1 104 ELM STREET 15 40886 LOT; 1. & 2 BLK: 1 ADDN: GEORGE SCHLATHER #2 .7338 AC 109 WIEDERSTEIN 16 40890 LOT: 2 N 5' OF 3 BLK: 2 ADDN: GEORGE SCHLATHER #2 205 WIEDERSTEIN ST 17 40895 LOT: 8 BLK: 2 ADDN: GEORGE SCHLATHER #2 PECAN ST 18::: 66991: ABS: 216 SUR: A S: LEWIS :0.2249 AC. 216 PECAN ST 19 67898 ABS: 226 SUR: DAVID MILLER 0.1600 AC. 207 LAMAR ST 20 67902 ABS: 226 SUR: DAVID -MILLER 0.3400 AC. A09LAMAR ST 21 .67913 ABS: 226 SUR: DAVID MILLER 0.2410 AC. 210 LAMAR ST 22::: 67920: ABS: 226 SUR: DAVID MILLER 0.336 : AC. 211 LAMAR ST i3 6-731- n�L226--QoR� �'-ME61=€1�-0:760-A,G �a � r n n n n to er -Denotes change based. on Council: approval of.ordinance on March 28, 2023 Stricken -font represents the property has been removed'and is not being, reclassified. No Text Symbology Agricultural (AG) Planned Unit Development ®(PUD) Temp. Agricultural (UDC 'Low 4.4.9) Density Single -Family Neighborhood Commercial Residential (SF2) (Cl) Medium Density Residential Community Retail/Service (SF4) (C2) - Medium -High Density Single - Retail / Office (C3) Family Residential (SF5) - Retail/Office - Restrictive High Density Single -Family Residential (SF6) Alcohol Sales (C3R) - Public Facility (PF) - Park - General Commercial (C4) ® Light Industrial (It) Public Facility (PF) - C- J Institution Multi -Family Residential ® FM 78 Mixed Use Overlay (MF1) Old Town Mixed Use Overlay Multi -Family Residential (MF2) Town Center Mixed Use L _ Manufactured Home Overlay Residential (MH1) }tl Cibolo City Limits Mobile- Home Residential Property Boundaries (MH2) Cibolo ETJ Mixed Use Regional �----r Employment Center (MURE) ¢ Nan -Annexation Agreements 2023 Zoning May Amendments Ordinance # 1394 CUP (02-28-2023) ' �` �.,,� bks ��#, !� c_a� 77, fwr �•� ,,� �� I� J IN�t "7 r 1f -i Updated zoning districts as per Ordinance #1332, adopted April 27, 2021 *Zoning district vested by preceding ordinance, details on website map A rL Y F S 0 250 500 1,000 m Feet No Text Symbology cmro uv uam. m Ugm pti :- f it I —t r r `� r — _ I omoEu wuFar,uy Restlertial ' 'ae�2 {s t : r r z wg,acew NaMec+ueea Hemv ...._— ' 1 .." op a�$y{ / i✓.«wF"`i 3 —�_�- � — �kY - Yotikfbm ReYirtial G ! c � -� • � sra ..1 ,y:,,�- 7 _ �1 _ — _ Ctl Yved Use -INH]) _— ' I I ! t 4L 3 •' •..a-�. _ I ..1 _ �T Certe Ni tllke i(muRp -a... a..era Certer _ Zoning �Owdry yam d�M oeaelamKg (Nol I(�) iF ems" t u�s' i fr 'd `�45� E TRawilaeaai(Yoc ®F.14ResNanl�a(M) 11 � f i r ' � a i�- r .. -' � " _^•-, -- I '"' goal Negan oaerty ._.( f ! f�a Kc, d µ'.rt I� Iiir,+�... �A'---i ®conenewllcil 6i eGamaHgh Oemay �y'[, VVV Tj ha a i %414W 1� ReiaV - ResiCcnial (SF51 ~ s' t tii F . e: I$'-'-rnF'-t�iC1,�a..s•i• - Retad IOMa (pl - Fa NResge m (SF67 SMC F.-ypq- .I� 1. �;h--3. � �� � -� is :f �i�^e }i"KM �:'k'.' 1..�, �. u'ialWmmerwl 4-..d m�iavrou FacaM IFFI• . 2023 Zoning Mao Amendments I$ L I � _-I Ordinance # 1394 CUP (02-28-20731 4 +6-- • # Zone (03-28-20231 c I --� c .[1" • <Y '�a � � � w�s��[ f � P'<P 'gr `lh. � .; _Yi r A "I"-` � � Y'r 3 a ¢ �� I i" i- 4 —77 C3 � Y � L _ G I iw, 11 4l4�SF6' I i r� 77 SF2 S Fy6 ..�P P i., _,.:.•_._" � � [_ �r er,uk ({ %_. ...!�1_ 11-fffi (nl S _ym aD C4 1.. I - -,. as R� ai a/! o ; ; Ll 1I Updated zoning districts as per Ordinance 41332, adopted April 27, 2021 Lh- 'Zoning district vested by preceding ordinance, detaits on w..it. map i _ ..... or. Cis OFFICIAL ZONING MAP hY'—N'�' hU,.01fitla12anhgHaprdared.NtheQydMd. Cadea/ O N Adie dWo NivnbsrdenMonMWthnie�i cuyNm W tlw Ryal Gbab,T " r o c�cry of cibolo #= t 9GN® :+,. _ • �' - (dark Allen, Mayor Tuesday, March 28, 2023 (CRY -1 1 M 4 S ATTE r 0 0.5 1 2 �avam�:s�a T e X A 5 1:24,000 Miles