ORD 1429 1/9/2024"City of Choice"
ORDINANCE NO. Pq 19
AN ORDINANCE APPROVING THE REZONING OF 2.227 ACRES
LOCATED AT 12090 IH -10 WEST, LEGALLY DESCRIBED AS ABS: 134
SUR: JOSE FLORES 2.227 AC, FROM THE CURRENT ZONING OF
GENERAL COMMERCIAL (C4) DISTRICT TO AGRICULTURAL —
HOMESTEAD (AG). DECLARING COMPLIANCE WITH MUNICIPAL
ZONING REGULATIONS, STATE LAW, PUBLIC NOTICE AND
HEARING REQUIREMENTS; 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 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, Section 9.02 of the City Charter of the City of Cibolo also provides that the City
Council with the authority to fix City zoning district boundaries by ordinance, and provide for the
alteration of said boundaries in any manner provided by law; and
WHEREAS, the City of Cibolo received an application from Phillip and Jean Smith to rezone
2.227 acres located at 12090 IH -10 West, legally described as ABS: 134 SUR: JOSE FLORES
2.227 AC, from the current zoning of General Commercial (C-4) District to Agricultural —
Homestead (AG). 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 Wednesday, November 15, 2023 at 6:30 p.m. in the Noble Group Event Center,
and the second public hearing being conducted by City Council on Tuesday, December 12, 2023
at 6:30 p.m. in the Noble Groupe Event Center; each being conducted for the purpose of
providing all interested persons the opportunity to be heard concerning the proposed rezoning of
2.227 acres located at 12090 IH -10 West, legally described as ABS: 134 SUR: JOSE FLORES
2.227 AC, from the current zoning of General Commercial (C-4) District to Agricultural —
Homestead (AG).
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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, on October 22, 2023 with said publication
provided more than fifteen (15) days prior to the public hearing before the City Council; and
WHEREAS, written notice of the above public hearings before the Planning & Zoning
Commission and the City Council were sent to each owner of real property, as indicated on the
approved tax roll of the City of Cibolo, within 200 feet of the property to be rezoned, with said
notice provided more than ten (10) days prior to the initial public hearing of the City Council as
cited above; and
WHEREAS, the Planning and Zoning Commission, by action at a regular meeting held on
November 15, 2023, recommended to City Council that the rezoning of 2.227 acres located at
12090 IH -10 West, legally described as ABS: 134 SUR: JOSE FLORES 2.227 AC, from the
current zoning of General Commercial (C-4) District to Agricultural — Homestead (AG). as
reflected in the attached Exhibit "A," be approved by a 6-1 vote, and
WHEREAS, the City Council has determined that the rezoning of 2.227 acres located at 12090
IH -10 West, legally described as ABS: 134 SUR: JOSE FLORES 2.227 AC, from the current
zoning of General Commercial (C-4) District to Agricultural — Homestead (AG).), as reflected in
the attached Exhibit "A," shall be approved, and voted to approve as City Council finds that the
proposed rezoning action would promote the health, safety, and general welfare of the City and
the safe and orderly development of the City, is compatible with the present zoning and conforming
uses of nearby property and with the character of the neighborhood, and would result in properties
suitable for uses permitted by the zoning district as changed by this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS:
SECTION 1. AMENDMENT.
A. The zoning district for 2.227 acres acres of land in Guadalupe County, Texas, out of the
Jose Flores Survey, Abstract 134 of Guadalupe County Public Records; said 2.227 acres
of real properties being depicted in EXHIBIT "A" (the "Property"), and incorporated
herein by reference, is hereby amended from General Commercial (C-4) to Agricultural —
Homestead (AG).
B. 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 "B".
SECTION 2. DECLARATION OF COMPLIANCE. The City Council finds that all required
public notices for the rezoning of the Property described in EXHIBIT "A" have been published
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and the public hearings as required by Municipal Code of Ordinances and state law have been held
to consider the application to amend the zoning district boundary.
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,
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, and shall require approval by at least three-fourths (3/4) majority of City Council
following a recommendation by P&Z that this action be disapproved.
PASSED, APPROVED AND ADOPTED THIS Li DAY OF
ATTEST:
Peggy Cimics, TRMC
City Secretary, City of Cibolo
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EXHIBIT "A"
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