ORD 1167 07/26/2016 O /�O!
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T A X 15
"City of Choice"
ORDINANCE 1 16 7
AN ORDINANCE TO REZONE CERTAIN REAL PROPERTY LOCATED SOUTHEAST OF THE
INTERSECTION OF F.M. 1103 AND GULF STREET, COMPRISED OF APPROXIMATELY 1.39
ACRES FROM LIGHT INDUSTRIAL (I-1) TO RETAIL/COMMERCIAL (C-3); 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 1.39 acres located southeast of the
intersection of F.M. 1103 and Gulf Street, to be rezoned from Light Industrial (I-1) to Retail/Commercial
(C-3); 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, July
13, 2016 at 6:30 p.m. in the Cibolo City Hall; and, the second public hearing being conducted by City
Council on Tuesday, July 26, 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
1.39 acres from I-1 to C-3, 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
June 26, 2016 and June 28, 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 Cbmmission 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 1.39 acres of real property located southeast of the intersection of F.M. 1103 and
Gulf Street, of which 1.39 acres would be rezoned from Light Industrial (1-1) to Retail/Commercial (C-3),
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 1.39 acres of real properties located southeast of the intersection of F.M. 1103 and Gulf Street shall
be rezoned from Light Industrial (I-1)to Retail/Commercial (C-3), a depiction of which is more specifically
defined on Exhibit"A".
SECTION H.
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 HI.
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 26th DAY OF JULY, 2016.
Allen Dunn
Mayor, City of Cibolo
ATTEST:
Peggy Cimics
City Secretary, City of Cibolo
Exhibit A: Rezoning Exhibit (Legal Description)
1.390 ACRE TRACT OF LAND MORE OR LESS,BEING OUT OF LOT 1, FM 1103
INDUSTRIAL PARK SUBDIVISION,ACCORDING TO THE MAP OR PLAT THEREOF
RECORDED IN VOLUME 8,PAGE 372, OF THE PLAT RECORDS OF GUADALUPE
COUNTY,TEXAS.
Being.all thaf ceMln tract cr.parcel Of JW. ntAIn1hg:f.2,00 a In the QtV` iF- !0'j�u���I�pp
irn �Te ,. cit t : 13 Sllr+d ` I , s;tf3ii a � ,;. lg:- _pa. ., . ft Fn trail
owled Tract :44.73 a s,,de5crihed'Ifn.Correi=tlen.t)eed €ated- fi rrber 100_tQ►a9,and`tibtOdLad
VpWrne 325, lege_390-or,the Dep.'d.Rords 6rCiu alupe un ,�0'4� 8:an i'ti In hrl, artictil�rfy
Deginning at a piDfut 5et in fire hr n t the West ref of E 1e.Cogstructib'n,and°lar ronmental
e�vtc L0. 15,00 4-cr tract reerrded-In�a'ol vPr 15-7 page 3� f t [ a d of u���[tat �T ;. or
e-Northcorner or this herein dO-sgbad'�d*.being 50 ` i egm" Ib intl -'d' �. ~66 w�-t,.
4' 8'1'5fit frdm tie`North c0rnerd, =444.73 4.73 awe tr��,
Thence.South 6 deegrees-42,m[nutes 35.,=c nils qtr a chi.5wi�e
4ie cif shad 15.'00. b,4d tee ori I�on.oin;fvund, at the Sei�k}i a r.�E �al� t�.� Acs
+Grner of s''herein 4osc.ib� d d;
Thence South 31,&Jrgel..34 rofnips 37.trickto wdisstt op pf 42,154fe k' lartc�tirxik#t I� in link
ft'we to.an Iron pini i4 for be_ uth comr -of this he'rein d&.cH . r.Ct;
Ylj�bnte i'Crjh.;58.degr 9.47-MFrirlt 3 i s t, �f n -of 19.8 fief to ,X¢ "�r pigSet�
fir the-West tonief of this herefri d riled trtct,
ThunO North 21-dggreqs.16 Minuies 00,sewrds%st,a dunce oaf 15JO f t.al0o it t flne,of
fid FA'Road.Nd. 134I ,and' l Ono Ot-wi ilue df said 44.73% trd [a 9w,-FF Mot, Ipning.
EXHIBIT A: Rezoning Exhibit (Graphic Illustration)
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City of Cibolo
' SIGNEDSIGNED
! July 26,2016 Aar was Mary (�ml
Goes Nere)
ATTEST
rCX 0, 0 0.5 1 2 1a c-l¢,Oty Serrebry
-city of choice 1.24,000 Miles