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ORDINANCE NO. 1481
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS APPROVING A
ZONING MAP AMENDMENT FOR CERTAIN REAL PROPERTY
LOCATED AT 633 TOLLE ROAD; CHANGING THE ZONING
CLASSIFICATION OF SAID PROPERTY TO ESTATE RESIDENTIAL SF -
1; DECLARING COMPLIANCE WITH APPLICABLE STATE AND
LOCAL LAWS; PROVIDING FOR SAVINGS, REPEAL, SEVERABILITY,
AND PUBLICATION; DECLARING CONDUCT OF MEETING IN
COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT;
PROVIDING A PENALTY; PROVIDING AN EFFECTIVE DATE; AND
CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, the City Council of the City of Cibolo ("City Council") finds that Texas Local
Government Code Chapter 211 authorizes the City of Cibolo ("City"), as a home rule municipality,
to adopt, repeal or amend zoning district boundaries and regulations in order to promote the public
health, safety, and general welfare of the City; and
WHEREAS, the City Council finds that the City has adopted a set of comprehensive development
regulations known as the Unified Development Code ("UDC"); and
WHEREAS, the City Council finds that Section 4.3.1.5 of the UDC provides the criteria for
approval of a zoning map amendment request; and
WHEREAS, the City Council finds that Steven Krueger ("Owner") owns certain land within the
corporate limits of the City, described as ABS: 210 SUR: JERONIMO LEAL 9.0000 AC, ABS:
210 SUR: JERONIMO LEAL 0.5000 AC, and ABS: 210 SUR: JERONIMO LEAL 0.5000 AC,
located at 633 Tolle Road, Cibolo, Texas ("Property"); and
WHEREAS, the City Council finds that the Property presently has a zoning district classification
of General Retail/Office C-3; and
WHEREAS, the City Council finds that Owner has submitted to the City an application for a
zoning map amendment seeking to change the zoning district classification of the Property from
General Retail/Office C-3 to Estate Residential SF -1; and
WHEREAS, the City Council finds that said application was submitted to the City in compliance
with the UDC; and
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WHEREAS, the City Council finds that two public hearings were held for the purpose of
providing all interested persons the opportunity to be heard concerning the proposed zoning map
amendment in accordance with state and local law; and
WHEREAS, the City Council finds that legal notice, notifying the public of both public hearings,
was posted on the City's official website and published in the Seguin Gazette, a newspaper of
general circulation in the City, in accordance with state and local law; and
WHEREAS, the City Council finds that written notice of the aforementioned public hearings
before the Planning and Zoning Commission and the City Council were sent to each owner of real
property within 200 feet of the subject property, as indicated on the most recently approved
municipal tax roll of the City, in accordance with applicable state and local law; and
WHEREAS, the City Council finds that the Planning and Zoning Commission, using the factors
set forth in Section 4.3.1.5 of the UDC, issued its recommendation regarding the zoning map
amendment application to the City Council in accordance with applicable law; and
WHEREAS, the City Council finds that 1) the application is complete and the information
contained in the application is sufficient and correct enough to allow adequate review and final
action; 2) the zoning map amendment is consistent with the City's adopted Comprehensive Master
Plan; 3) the zoning map amendment promotes the health, safety, or general welfare of the city and
the safe and orderly development of the City; 4) the zoning map amendment is compatible with
the present zoning and conforming uses of nearby property and the character of the neighborhood;
and 5) the Property to be rezoned is suitable for uses permitted within the District that would be
applied by the proposed amendment; and
WHEREAS, the City Council, having duly considered the request for a zoning map amendment,
desires to approve the amendment to allow for a change in classification of the subject Property
from General Retail/Office C-3 to Estate Residential SF -1.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS:
SECTION 1. 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 2. Description of Property. The Property to which this Ordinance applies is identified
as ABS: 210 SUR: JERONIMO LEAL 9.0000 AC, ABS: 210 SUR: JERONIMO LEAL 0.5000
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AC, and ABS: 210 SUR: JERONIMO LEAL 0.5000 AC, and located generally at 633 Tolle Road,
Cibolo, Texas as depicted in the attached Exhibit A.
SECTION 3. Zoning Map Amendment Application Granted. City Council hereby approves a
zoning map amendment for the Property, rezoning the Property from General Retail/Office C-3 to
Estate Residential SF -1.
SECTION 4. Zoning Map Amendment. The Zoning Map of the City of Cibolo is hereby
amended to reflect the zoning classification set forth in Section 3.
SECTION 5. Declaration of Compliance. The City Council finds that all required public notices
for consideration of the zoning map amendment have been properly issued and all required public
hearings have been properly conducted.
SECTION 6. Savings. All rights and remedies of the City are expressly saved as to any and all
violations of the provisions of any ordinances which have accrued at the time of the effective date
of this ordinance; and such accrued violations and litigation, both civil and criminal, whether
pending in court or not, under such ordinances, shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 7. Repeal. All resolutions, ordinances, or parts thereof conflicting or inconsistent with
the provisions of this ordinance are hereby repealed to the extent of such conflict. In the event of
a conflict or inconsistency between this ordinance and any other resolution, code or ordinance of
the City, or parts thereof, the terms and provisions of this ordinance shall govern.
SECTION 8. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance
is for any reason held to be unconstitutional or illegal by final judgment of a court of competent
authority, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have passed and ordained all the remaining portions
of this ordinance without the inclusion of such portion or portions found to be unconstitutional or
invalid.
SECTION 9. Publication. The City shall publish this Ordinance in the newspaper designated as
the official newspaper of the City twice as required by Section 3.13(3) of the City Charter.
SECTION 10. Open Meeting Compliance. The City Council finds that the meeting at which this
ordinance passed was conducted in compliance with the Texas Open Meetings Act.
SECTION 11. Penalty. It shall be unlawful for any person to violate any provision of this
Ordinance. Any person who violates, or any person who causes or allows another person to violate,
any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine of not more than Two Thousand Dollars ($2,000.00). Each
occurrence of any violation of this Ordinance shall constitute a separate offense. Each day on
which any violation of this Ordinance occurs shall constitute a separate offense.
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SECTION 12. Effective Date. This Ordinance will become effective upon the required newspaper
publication.
PASSED, APPROVED, and ADOPTED on this 14" day of January 2025.
ATTEST:
✓ X99 � �n-�-,�_
Peggy Cimics, TRMC
City Secretary
Mark Allen, Mayor
APPROVED AS TO FORM:
MY111�3
H e Kelley LLP
City Attorney
Vu
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Exhibit A
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P • N r i• ���'iay`ap�: �P � i
Property Information Map
633 Tolle Rd
®ompmm!', 'I'l Property of Interest
!A Agricultural (AG)
Retail / Office (C3)
Manufactured Home Residential
(MH1)
Low Density Single -Family
Residential (SF2)
Public Facility (PF) - Institution
Parcel Boundaries
Cibolo City Limits
Cibolo ETJ
(i Water: City of Cibolo
(� Sewer Service: City of Cibolo
Council District: 7
Zoning: Retail / Office (C3)
0 1,000
i Feet
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