ORD 1153 02/23/2016 or c/g
O
r
Tex AS
"City of Choice"
ORDINANCE 1153
AN.ORDINANCE TO REZONE CERTAIN REAL PROPERTY LOCATED SOUTHWEST OF THE
INTERSECTION OF F.M. 1103 AND CIBOLO DRIVE,COMPRISED OF APPROXIMATELY 1.71
ACRES FROM LIGHT INDUSTRIAL (I-1) TO GENERAL COMMERCIAL (C-4); AND
PROVIDING 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, 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 to rezone 1.71 acres located southwest of'the
intersection-of F.M. 1103 and Cibolo Drive,to be rezoned from Light Industrial(I-1)-to General Commercial
(C-4); and
WHEREAS, two publichearings 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,February
10,2016 at 6:30 p.m.in the Cibolo City Hall;and,the second.public heating being conducted.by City Council
on Tuesday,February 23,2016 at 6:30 p.m. in the Cibolo City Hall; each being conducted for the purpose of
providing all interested persons the opportunity to be heard concerning the proposed rezoning of 1.71 acres
from 1-1 to C-4, as described herein and depicted on Exhibit A; and
WHEREAS,legal notice notifying the public of both public hearings.on the property proposed to be rezoned,
was published in the Seguin Gazette, a newspaper of general circulation in the City of Cibolo,on January 24,
2016 and January 26,.2016, with said publications provided more than fifteen (15) days prior to the public
hearing before the City Council; and
WHEREAS, written notice of the above public hearing before the Planning and Zoning Commission was
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 Planning and Zoning Commission as cited above; and
WHEREAS,the Planning and Zoning Commission.recommended and the City Council,therefore determined
that rezoning 1.71 acres of real property located southwest of the intersection of F.M. 1103 and Cibolo Drive,
of which 1.71 acres would be rezoned from Light Industrial (1-1)to General.Commercial-(C-4), as reflected
in the attached Exhibit"A"would be in accordance with the City's Comprehensive Plan and would be in the
best interest of the City.
NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS.
SECTION I.
THAT 1.71 acres of real properties located southwest of the intersection of F.M. 1103 and Cibolo Drive shall
be rezoned from Light Industrial.(I-1)-to General Commercial(C-4),a depiction of which is more specifically
defined on Exhibit"A".
SECTION IT.
THAT the zoning map of the City of Cibolo.is hereby amended to reflect the new zoning designations created
by this Ordinance,being more specifically defined on Exhibit B".
SECTION M.
THAT all provisions of the Code.of Ordinances of the City of Cibolo not herein amended or repealed shall
remain in full force and effect.
SECTION IV.
THAT--all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent that
they are in conflict.
SECTION V.
THAT if any provisions of this ordinance shall be held void or unconstitutional,it is hereby.provided that all
other parts of the same which are not held void or unconstitutional shall.remain in full force and effect.
SECTION VI.
THAT this ordinance is not severable.
SECTION VII
THIS ordinance will take effect its passage, approval and publication as provided by law.
PASSED,APPROVED,AND ADOPTED THIS 23rd DAY OF February,2016.
Allen Dunn
Mayor, City of Cibolo
ATTEST:
19
Peggy Cimics
City Secretary, City of Cibolo
Exhibit A: Rezoning Exhibit(Legal Description)
TITLE COMPANY LEGAL DESCRIPTION
1.705 ACRE TRACT OF LAND MORE OR- LESS, -BEING OUT OF
LOT 1, BUFFALO INDUSTRIAL PANIC SUBDIVISION, ACCORDING
TO THE MAP OR PEAT "THEREOF RECORDED IN VOLUME 5,
PACE 25E8A, OF 'THE_ PLAT RECORDS- OF ruADALUPE COUNTY,
TEXAS.
METES AND BOUNDS DESCRIPTION
B®NG 1.7122 ACRES OF LAND SITUAW IN THE A.S. LEWIS SURVEY. ABSTRACT
No. 216, IN THE CITY OF CIBOLO, GUADALUPE COUNTY, TEXAS, BEING A PART
OF LOT 1. BUFFALO INDUSTRIAL PARK SUBDIVISION RECORDED 114 VOLUME 5.
PAGE 258A PLAT RECORDS OF GUADALUPE COUNTY. TEXAS. BONG ALL OF
THAT SAME 1.708 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO
ENGINEERED PERFORMANCE SOLUTIONS, LLC. RECORDED IN VOLUME 2855, PAGE
928 OFFJCjAL PUBLIC RECORDS OF GUADALUPE COUNTY. TEXAS. SAID 1,7122
ACRE TRACT OF LAND IS MM13ED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A TXDOT CONCRETE RIGHT-OF—WAY Mt6614UMENT FOUND ON
THE NORTH%EST RIGHT-OF—WAY UNE OF F.M. HIGHWAY No. 1103 (WIDTH
VARIES): SAID MONUMENT BEING THE.SOUTHEAST CORNER OF SAID LOT 1. THE
SOU1HEAST CORNER OF LOT 1, :BLOCK 1 OF DOLLAR MERAL CIBOLO
SUBDIVISION RECORDED IN .VOLUME 7. PAGE 40 PLAT RECORDS OF GUADALUPE
COUNTY, TEXAS AND THE NORTHEAST CORNER OF LOT 1-C, BLOCK 4 OF SDS
DEVELOPMENT. A SUBDIWSION ,RECORDED IN VOLUME 7. PAGE 199 PLAT
RECORDS OF GUADALUPE COUNTY, TEXAS; 7MCE, NORTH.82 DEGREES 43
MINUTES 37 SECONDS WEST`. ALONG THE SOUTH UNE. -OF LOT 1. SAID
BUFFALO INDUSTRIAL PARK SUBDIVISION. THE SOUTH LINE OF LOT 1, SAID
DOLLAR GENERAL CIBOLO SUBDIVISION AND ALONG THE NORTH LINE OF SAID
LOT 1-C. 300.00 FEET TO A 5/8 INCH "BASS CORP." PLASTTC CAPPED
IRON ROD SET FOR THE SOUTHWEST CORNER OF LOT 1. SAID DOLLAR GENERAL
CIBOLO SUBDIVISION AND THE POINT CF BEGtNNING OF THIS TRACT HEREIN
DESCRIBED, FROM SAID CAPPED IRON ROT} A -3/8 INCH IRON ROD FOUND
BEARS NORTH 44 DEGREES 1 SST, 0.3 FEET;
THENCE, NORTH 82 DEGREES 43 MINUTES 37 SECONDS WEST. ALONG THE
SOUTH LINE OF LOT 1, SAID BUFFALO INDUSTRIAL PARK SUBDIVISION AND
ALONG THE NORTH LINE OF SAID LUT 1-C, 54.85 FIXT TO A. 5/8 INCH
1WELINE CORP." PLASTIC CAPPED IRON . ROD SET FOR 1HE SOUTHWEST
CORNER -OF LOT 1, SAID BUFFALO INDUSTRIAL PARK SUBDIVISION AND THE
SOUTHEAST CORNER OF LOT '2, SAID BUFFALO INDUSTRIAL PARK SUB04SION-
FROM SAID CAPPED IRON ROD A 1/2 -INCH "SOCE5263" PLASTIC CAPPED IRON.
ROD FOUND EMS NORTFI 33 DEGREES.EAST, 1.1 FEET;
THENCE, NORTH 24 DEGREES 38 MINUTES 38 SECONDS EAST, ALONG THE WEST
LINE OF LOT I- SAID BUFFALO INDUSTRIAL PARK SUBDIVISION AND THE EAST
LINE OF LOT 2, SAID BUFFALO INDUSTRIAL PARK SUBDIVISION, 352.08 FEET TO
A 5/8 IiNCI.1 "BASELINE CORP." PLASTIC CAPPED IRON. ROD SET ON THE SOUTH
RIGHT-SOF-WAY LINE OF CISALO ORIVE (60 FM WIlDE) AS DEDICATED BY `SIE
PLAT- RECORDED IN VOLUME 5, PAGE 315A PLAT RECORDS OF GUADALUPE
COUNTY, TEXAS, SAID CAPPED IRON ROD BELNG THE NORTHWEST CORNER: OF
LOT 1, SAID BUFFALO INDUSTRIAL PARK SUBDIVISION AND THE NORTHEAST
CORNER OF LOT 21 SAID BUWAL,O INDUSTRIAL PARK SUBDIVISION, FROM SAP
CAPPED IRON ROD A 1/2 INCH IRON ROD FOUND SEARS NORTH 11 DEGAS
EAST. 1.0 FEET;
THENCE. SOUTH 82 DEGREES 113 WNUTES 37 SECONDS EAST, ALONG TM
NORTH LINE OF SAID LAT 1 AND ALONG TL{E SOUTH RIGHT-OF-WAY LIN>r OF
SAID CCBOLO DRIVE, 168.64 _FEImT TO A 5/8 INCL "BASELINE CORP." PLASTIC
CAPPED IRON ROD SET AT THE .BEGINNING OF A TANGENT CURVE TO THE
RIGHT WHOSE RADIUS IS 594.62 FEET;
THENCIE, IN AN EASTERLY DIREC31ON ALONG THE NORTH LINE OF SAID LOT 1,
THE SOUTH RIGHT—OF—WAY LINE OF SAID CIBOLO DRIVE AND ALONG SAID
CURVE THROUGH A CENTRAL ANGLE-OF 17 DEGREES 22 MINUTES 14 SECONDS.
180.27 FEET TO AN ^x" SET IN CONCRETE ON THE NORTHiSEST RtGHIT—OP—WAY
ZINE OF SAID F.M. HIGHWAY No. 1103, SAID "X" BEING THE NORTHEAST
CORNER OF SAID LOT 1. FROM SAID "X" A TXDOT BRASS Do FOUND ON THE
NORTHWEST RIGHT-OF-WAY LINE OF. SAID .F.M; HIGHWAY N4. 1103 BEARS
NORTH 24 DEGREES 38 MINUTES 38 SECONDS EAST, 677.65 FEET;
TEIENCE, SOUTH 24 DEGREES 38 MINUTES 38 SECONDS IVEST. ALONG THE EAST
LINE OF SAID LOT 1 AND ALONG THE NORTHWEST RIGHT—OF—WAY LINE OF SAID
F.M. HIGHWAY No, 1103, 17U6 FEET TO AN "X" SET IN CONCRETE FOR THE
NORTHEAST CORNER OF LOT 1, SAID:BULLAR GENERAL CIBOLO SUBDIVISION;
THENCE, NORTH 62 DEGREES 43 MINUTES 37 SECONDS WEST, ALONG THE
NORTH. LINE OF LOT 1. SAID DOLLAR GENERAL CIBOLO SUBDMSION, 300.00
T TO A 5/8 INCH "BASEURE CORP." PLASTIC CAPPED IRON ROD .SET FOR
THE NORTHWEST CORNER OF LOT- 1. SAID DOLLAR GENERAL CIBOLO
SUBDIVISION, FROM SAID CAPPED IRON ROD A 3/8 INCH IRON RCD FOUND
BEARS NORTH 42 DEGREES %VEST, 1.3 FEET;-
THENCE, SOUTH 24 DEGREES 38 MINUTES 38 .SECONDS WW. ALOXr, THE
WEST LINE OF LOT 1, SAID DOLLAR GENERAL CISOLD SUBLIIVLSION, 18040 FET
TO THE POINT OF BEGINNING AND CONTAINING 1.7122 ACRD OF LAND.
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EXHIBIT B: Updated Official Zoning Map - City Of Cibolo,Texas
EXPLAINATION
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OFFICIAL ZONING MAP
^lam City of Cibolo
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