ORD 1434 01/23/2024"City of Choice"
ORDINANCE NO. 1434
AN ORDINANCE APPROVING THE REZONING OF 1.93 ACRES OF
REAL PROPERTY LOCATED AT 432 TOLLE ROAD, FROM LOW
DENSITY SINGLE-FAMILY RESIDENTIAL (SF -2) DISTRICT TO
MANUFACTURED HOME (bHI-1) DISTRICT; 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 -Wile 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 &x 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 Owner, Gerardo Padilla Barajas, to
rezone 1.93 acres,of real .property located at.432 Tolle Road from Low Density Single -Family
Residential (SF 2) District to Manufactured Home (MH -1) District; 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
December 13, 2023, and the second public hearing being conducted by City Council on January
9, 2024; each being conducted for the purpose of providing all interested persons the opportunity
to be.heard concerning the proposed rezoning 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 general circulation in the City of Cibolo, November 26, 2023, with said publication
provided more than fifteen (15) days prior to the public hearing before the City Council; and
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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
December 13, 2023, recommended to City Council that the rezoning of certain real property
located at 432 Tolle Road from 'Low Density Single -Family Residential (SF -2) District to
Manufactured Home (MH -1) District, as reflected in the attached Exhibit "A," be approved; and
WHEREAS, the City Council has determined that the rezoning of certain real property located at
432 Tolle Road, from Low Density Single -Family Residential (SF -2) District to Manufactured
Home (MH -1) District, as reflected in the attached Exhibit "A," shall be approved, 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 1.93 acres of land in Guadalupe County, Texas, legally described
as LOT 1, RUBY ESTATES SUBDIVISION, GUADALUPE COUNTY, TEXAS
ACCORDING TO MAP OR PLAT THEREOF RECORDED IN VOLUME 8, PAGE 118,
OF THE MAP AND/OR PLAT RECORDS OF GUADALUPE COUNTY, TEXAS; said
1.93 acres of real properties being depicted in EXHIBIT "A" (the "Property"), and
incorporated herein by reference, is hereby amended from Low Density Single -Family
Residential (SF -2) District to Manufactured Home (MH -1) District.
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
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.
7362/811294707.1
EXHIBIT "A"
REZONING EXHIBIT
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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 any notice and publication required by City Charter or other law.
PASSED, APPROVED AND ADOPTED THIS DAY OF :iruia,-2024.
ATTEST:
7
PEGGY CIMICS, TRMC
City Secretary, City of Cibolo
7362/611294707.1
MARK ALLEN
Mayor, City of Cibolo