ORD 1173 08/23/2016 �" ++++Q'""„�ri 1Q
V %�_
*
4 I
S&+/ Ilii+i�
E X P,�'
"City of Choice"
ORDINANCE 117 3
AN ORDINANCE ASSIGNING A PERMANENT ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTIES GENERALLY LOCATED NORTH OF BOLTON ROAD AND EAST OF STOLTE
ROAD, COMPRISED OF 39.14 ACRES FROM AGRICULTURAL (AG) TO LIGHT INDUSTRIAL(I-1)
WITH A CONDITIONAL USE PERMIT(CUP)TO ALLOW A COMMERCIAL GO-KART COMPLEX;
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 39.14 acres generally located north of Bolton
Road and east of Stolte Road, to be rezoned from Agricultural (AG) to Light Industrial (I-1) with a Conditional
Use Permit(CUP)to allow a commercial Go-Kart complex; and
WHEREAS, the proposed use under the zoning of Light Industrial (I-1) district, is expressly allowed only upon
the issuance of a CUP; and
WHEREAS, the Cibolo UDC stipulates that Conditional Use may be granted subject to all procedural
requirements of the zoning map amendment process, as stipulated in Texas Local Government Code Section
211.006,and the CUP criteria stipulated in UDC Section 4.3.2; and
WHEREAS, two public hearings were held to discuss the rezoning and the issuance of a CUP at the properties
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 CUP and
rezoning of 39.14 acres from AG to I-1,as described herein and depicted on Exhibit A; and
WHEREAS, legal notice notifying the public of both public hearings on the rezoning and the issuance of a CUP
for the properties described herein,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
• 1
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
properties 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, in making its recommendation in favor of the requested change in zoning designation of the 39.14
acres of real properties generally located north of Bolton Road and east of Stolte Road, of which 39.14 acres
would be rezoned from Agricultural to Light Industrial(I-1) with a Conditional Use Permit(CUP), as reflected in
the attached Exhibit "A" the Planning and Zoning Commission found the following: (i) the proposed use is in
accord with the objectives of the zoning regulations and the purposes of the district in which the site is located;
(ii) the proposed use will comply with each of the applicable provisions of the zoning regulations; (iii) the
conditions applicable to approval are the minimum necessary to minimize potentially unfavorable impacts on
nearby uses and ensure compatibility with existing or permitted uses in the same district and the surrounding area,
and that the prescribed zoning standards do not provide enough mitigation of the impacts identified, thus
warranting stricter standards; (iv)the Commission gave due consideration to all technical information supplied by
the applicant; and(v) the proposed use, together with the conditions applicable thereto, will not be detrimental to
the public health,safety or welfare or materially injurious to properties or improvements in the vicinity; and
WHEREAS, in granting the aforemention requested change the City Council finds the CUP to be: (i) consistent
with the Comprehensive Plan; (ii) in conformity with regulations and standards established by the Unified
Development Code; (iii) compatible with existing or permitted uses on abutting sites,in terms of building height,
bulk, scale, setbacks and open spaces, landscaping and site development, and access/circulation; (iv) addresses
potentially unfavorable impacts on existing or permitted uses on abutting sites; and (v) addresses safety and
convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be
generated by the proposed use.
NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS:
SECTION I.
THAT 39.14 acres of real properties generally located north of Bolton Road and east of Stolte Road shall be
rezoned from Agricultural (AG) to Light Industrial (I-1) a depiction of which is more specifically defined on
Exhibit"A".
SECTION II.
THAT a Conditional Use Permit is granted for the property generally located north of Bolton Road and east of
Stolte Road,subject to the following conditions:
1. Hours of Operation:Weekdays LOAM-IOPM, Saturday 8AM-12AM,Sunday 12PM-8PM
2. Extended Hours for Special Events may be requested with a 48 hour notice to the City for approval.
3. Track lighting may remain on up to 1 (one)hour after hours of operation indicated above.
SECTION III.
THAT the zoning map of the City of Cibolo is hereby amended to reflect the new zoning designations and the
Conditional Use Permit as created by this Ordinance,being more specifically defined on Exhibit`B".
2
SECTION IV.
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 V.
THAT all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent that they
are in conflict.
SECTION VI.
THAT the above cited recitals are incorporated herein for all purposes..
SECTION VII.
THAT this ordinance is not severable.
SECTION VIII.
THIS ordinance will take effect its passage, approval and publication as provided by law.
PASSED,APPROVED,AND ADOPTED THIS 23RD DAV OF AUGUST,2016.
Allen Dunn
Mayor, City of Cibolo
ATTEST:
1�2
Peggy Cimics
City Secretary, City of Cibolo
3
Exhibit Ao Rezoning Exhibit(Legal Description)
FIELD NOTES
TRACT 2
Field notes of a 19.569 acre tract of land situated in Guadalupo County,Texas and being out of tho Joseph Flores Survey,
Abstract 134,and being designated Tract 2,and being part of that 58,715 acre tract conveyed to Shawna Shaw and spouse,
Deborah K.Shaw by deed recorded in Volume 1775,Page 290,Oficial Public Records of Guadalupe County,Texas,and
being more part icularly described by metes and bounds as follows:
Beginning at a IV iron pin found in the northwest line of Bolton Road(County Road 308)at the east corner of this tract,said
point being S 580 12'0571 W,430.67 feet along the northwest line of Bolton Road f,am a=Yz'iron pits found east corner of
said 58.715 acre tract and the south comer of a 68.211 acre tract described in deed recorded in Volume 940,Page 684.
Thence S 580 12'05"W.424.31 feet along the northwest line of Bolton Road to a%11 iron pin set at the south corner of this
tract.
Thence N 3011581 30"W.2009.03 feet across said 58.715 acre tract to a 1/"iron pin set in the northwest line of said 58.715
acre tract,being tate southeast line of a 56.04 acre tract described in deed recorded in Voltunc 273 9,Page 783,being the 4vest
corner of this tract.
Thouce,N 380 10123"E.424.32 feet along the northwest line of said 55.715 acre tract,being the southeast line of said 56.05
acre.tract to a%"iron pin set at the north corner of this tract.
Thence S 301158'30"E.2009.24 feet across said 58.715 acre tract,to the place ofBeginuing and containing 19.569 acres of
land according to a survey made on the ground.
All 1I2"iron pins set with orange plastic cap"RPLS 4020".
Job No. 084-10
RF:Plat—Bearing Source Texas State Plane NAL)83
South Central Tone °•
HE1NR}`g.WHOM
SurveyedNovcmber 30,2010 4 a�
t�r�tifi PS10.9q�
QF SUR
VA. U POLENf
P.}WOSTERBD PROFESSIONAL LAND SURVEYOR
NO.4020
4
FIELD NOTES
TRACT 3
Field notes of 19.569 acre tract of laud situated ht Guadalupe County,Texas and being out of the Joseph Flores Survey,
.Abstract 134,and being designated Tract 3,and being part of that 58.715 Acre tract Conveyed to Shawn Shaw and spouse,
Deborah K.Shaw by deed recorded in Volume 1775,page 290,Official pubtic Records of Guadalupe County,Texas,and
being more particularly described by metes and bounds as follows.'
Beginning at a I%i"iron pin found in the northwest line of Bolton Road(County Road 308)at the south coater of said
58.715 acre tract and this tract,being the east Cotner of a 41.03 acre tract described in deed recorded in Volume 2093,Page
851.
Thence N 30"58'30"W.2008.82 feet along the southwest lite of said 58,715 acre tract,being the northeast line of said
41.03 acre tract,to a%"iron pint set at the west corner of said$8.715 acre tract and this tract,being the south cornet'of a
56.05 acts:tract described in decd recorded in Valu ne 2739,Page 783.
Thence N 589 10'23"E.424.37 feet along the northwest lin.e of said".715 acre tract,being the soutbeost line of said 56.05
acre tract to a V211 iron pin sot at the north corner of this tract.
Thence S 300 58'WE.2009.03 feet across said 58.715 acre tract to a;'7"iron pin sut in the northwest lime of Bolton Road at
the east comer of this tract.
'tltcnce S 5$°12'05"W.424!6 feet along the northivest line of Bolton Road to the place of Beginning and containing
19,569 acres of land according to a survey made on the ground.
All 112"iron pins set with orange plastic cap"RPLS 4020". F
Job No. 084-10 s7 ,° �jP
RE;PIat—Bearing Source Texas State Plane NAD 83
South Central Zone �UEE1hEE
FiENt�V A.
Surveyed November 30,2010 ���
- A. 1
REGISTERED pROFFSSIONAL LAND SURVEYOR
NO.4020
5
EXHIBIT&: Rezoning Exhibit(Graphic Illustration)
- , _
~ ` 44A7'
) ,
� 1
� • .
!
: .
k| �
�
� � \
. . .
\ �
� %
\ # ■ � § ma �
#
°
§ ■ U
,
| R
� [ q
( � �
�■r�� � k
{ |
� |
ggOG,��A
4WM QGAW fmIj
BOLTON- AD |avy"
6
EXHIBIT B: Updated Official Zoning Map - City Of Cibolo, Texas
I -
R#�Jeyr' Ci 4'
� ,
r t ..grvu I+•s
�'" e'er __1_ ca.•wa..,,r�oea�al -_
ev•• vCE3 44 I ..n.aweroclmm
Urn
— j ,r,l—
rr, � �� �` ZOt6 Zonlno Woan4vdneoh
Al r
-- f
ij
�-1 - ,./'� •_�' �CYF J� �! :.ice. "�t� F -. - _
a ° A OFFICIAL ZONING MAP
City of Cibolo
Teyr,� Dv.5 7
•angry r]x]¢r• 124,000 Miles
7