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ORD 1181 09/27/2016 OF C/ ,�0 °° < V r=_ O T£ XAS ORDINANCE NO: 1181 AN ORDINANCE TO REZONE CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 950 FEET WEST OF THE INTERSECTION OF FM 1103 AND GREEN VALLEY ROAD, COMPRISED OF APPROXIMATELY 12 ACRES FROM LOW DENSITY SINGLE-FAMILY RESIDENTIAL (SF-1) TO PLANNED UNIT DEVELOPMENT (PUD) DISTRICT TO ALLOW A MIXED USE DEVELOPMENT COMPRISED OF USES ALLOWED IN THE OLD TOWN/TOWN CENTER(C-2)AND MULTI-FAMILY RESIDENTIAL(MF-2)ZONING DISTRICTS; 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 12 acres located approximately 950 feet west of the intersection of FM 1103 and Green Valley Road from the current zoning of Low Density Single-Family Residential (SF-1) to Planned Unit Development (PUD) to allow a mixed use development comprised of uses allowed in the Old Town/Town Center(C-2)and Multi-Family Residential(MF-2)zoning Districts; and WHEREAS,two public hearings were held to discuss the rezoning to the real properties described herein;with the first public hearing being conducted by the Planning&Zoning Commission on Wednesday, September 14,2016 at 6:30 p.m. in the Cibolo City Hall; and, the second public hearing being conducted by City Council on Tuesday, September 27, 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 12 acres from Low Density Single-Family Residential(SF-1)to Planned Unit Development(PUD),as described herein and depicted on Exhibit A; and WHEREAS, legal notice notifying the public of both public hearings on the rezoning to the real properties described herein,was published in the Seguin Gazette, a newspaper of general circulation in the City of Cibolo, on August 28, 2016 and August 30, 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 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,the Planning and Zoning Commission recommended and the City Council,therefore determined that rezoning 12 acres of real property located 950 feet west of the intersection of FM 1103 and Green Valley Road, of 1 which f4 acres would be rezoned from Low Density Single-Family Residential(SF-1)to Old Town/Town Center (C-2) and the remaining±9 acres would be rezoned from Low Density Single-Family Residential(SF-1)to Multi- Family Residential (MF-2) 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±12 acres located approximately 950 feet west of the intersection of FM 1103 and Green Valley Road shall be rezoned from Low Density Single-Family Residential (SF-1)to Planned Unit Development(PUD) a depiction of which is more specifically defined on Exhibit"A". SECTION II. 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 III. 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 this ordinance is not severable. SECTION VI. THIS ordinance will take effect its passage, approval and publication as provided by law. PASSED,APPROVED,AND ADOPTED THIS 27th DAY OF SEPTEMBER,2016. Allen Dunn Mayor,City of Cibolo ATTEST: Peggy Cimics City Secretary,City of Cibolo 2 Exhibit A: Rezoning Exhibit(Legal Description) MAOINA f 134$5 . COPELAND and ASSOC1AT6E, IKC GONGIULTIN8 ENGINEERS AND LAND SURVEYOnS Tess 11"M erred Qngrmcho Rm K754 11333 central PA*Wry LYanft SM A.mxfltr,nor 74M METE,AND BOUNDS DESCRIPTION 3,370 ACMES OF LAND BEING ALL OF A CALLER 3.600 ACRE TRACT OF LAND AS 09SCRIBED IN DEED RECORDED IN VOLUME 2922,PAIGE 996,OFFICIAL.RECORDS OF GUADALUPE COUNTY,TEMPS,SAVE AND MEPT A CALLED 0.129 ACRE TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN DOCUMENT NO.2016009197. SAID 3470 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FC11.LOWS: SeGINNING AT A 112"IRON ROD FOUND ON THE SOEJrHEAST RIGHT.OF WAY UNE OF GREEN VAiLEY ROAD MARKING THE MOST SOUTHERLY CORNER OF SAID 0.129 ACRE TRACT; THENCE NORTH 89 DEGREES 30 MINUTES 10 SECONDS EAST 260.66 FEET ALONG THE SOUTHEAST OF GREEN VALLEY ROAD TO A 117 IRON ROD SET WITH CAP MARKED"MEC EN01NEERSn MARKING THF;MOST EASTERLY CORNER OF SAID-0,129 ACRE TRACT AND THE MOST NORTHERLY CORNER OF THE HEREIN DESCRIBED TRACT; THENCE SOUTH 30 DEGREES 54 MINUTES 34 SECONDS F=AST S62A2 FEST TO A ill° IRON ROD FOUND My4WNra THE MOST EASTERLY CORNER OF THE HEREIN D7ESGF45ED TRACT; TMENCE SOUTH 59 DEGREES a3 MINUTES 53 SECONDS WEST 280.66 FEET TO A 117 IRON NOD, FOUND MARRING THE MOST SOUTHERLY CORNER OF THE HEREIN DESCRIBED TRACT, THENCE FORTH 30 DEGREES 64 MINUTES 34 SECONDS WEST 564.42 FEET TO THE: POINT OF BEGINNING,ARID CONTAINING 3.370 ACRES OF LAND. J001 ChFidqF5o1wVn,R.F.L.S. :5 Datta t G7F � � RR NNM+Ii4MlMM EL CH!!L#T1AV OHNSI wrayN�M w Su 3 Exhibit A: Rezoning Exhibit(Legal Description Cont.) DESCREPTION OIF LANA All that certain tract or parcel of land containing 8.482 acres of land out of the Trinidad Garcia Survey No. 94,Abstract No. 137,in Guadalupe County,Texas,and being comprised of Two Tracts.mown as Tract I as described in Volume 1069 at Page 278 Official Public Records of Guadalupe County,Texas and Tract III of record in Volume 999 at Page 0060 of said Official " Public Records and being further described by metes and bounds as follows: BEGINNING: At a la"iron rod set in the Southern right of way line of Green Valley Road,the Northwest corner of Gary A.Pundt and wife Darla J. Pundt 7.000 acre tract of land of record in Volume 1017 at Page 691 of said public records,the Northernmost corner of this tract; THENCE:Departing said right-of-way line and-along a fence line South 30°33'55" seconds East a distance of 1,168.47 feet to an iron rod found at a fence corner on the Northern line of the Albert'.Allen Avery III and wife,Regina Lynn Avery 13.956 acre tract of land of record in Volume 894 at Page 613 of said public records,the Southernmost corner of said 7.000 acre tract, the Easternmost corner of this tract; THENCE: with a barbed wire fence South 590 3314811 West,a distance of 447.32 feet to a 1!z inch iron rod found,the Easternmost corner of the William Barowsid 10.00 acre tract of record in Volume 544 at Page 698 of said public records,the Southernmost corner of this tract; THENCE: with a barbed wire fence North 30133'47" Nest a distance of 584.04 feet to a 112" iron iod found at a fence corner,the most Westerly Corner of this tract; THENCE: with a barbed wire fence North 591 24'20"East a distance of 263.64 feet to a fence post for a re-entrant corner of this tract; THENCE:with a barbed wire fence North 30° 50' 25" West a distance of 584.04 feet to a Ila" iron rod set in said southern right line,the most Westerly corner of this tract; THENCE:North 59°47' 00"East, a distance of 186.46 feet along said Southerly right of way line of Green Valley Road to the POINT OF BEGINNING and containing 8.482 acres of land, more or less by survey made on the ground- 4 LAND USE SUMMARY 200 NOTIFICATION USE AREA r------------ -- COMMERCIAL(C2) 3.83 AC -- - - J GREEN VALLEY ROAD AC - ROW VARIES MULTI FAMILY(MF2) 9.18 AC I I 200 ►., SSy'ti"t1J'E 25056 N 59'2f8T'F 18946 eV Y � O SCALE,1"=100' COMMERCIAL :3 l� MAt4 /1 i � A I►-200' c --- — 200'— --— �I I� (MF2) MULTI FAMIL, INICLVJA BAR01YSk. GARY A DAMA J ALW Af fE c'REEN VALLEY A146 GREEN VALLEY 1 I I I 1 I I I I I � I i 1 � I I I 200 SO W.MN RERT�E4 UC TEN WE O GUAW NOTE r4 RD KFIO IM,WEXNdR RO I THE ACREAGE OF EACH LAND USE AS WELL AS 80UNDARIFS I ONAEl 4 WFMA w BETWEEN LAND USES ARE APPROXIMATE AND MA CHANGE 1479 CWEN VALLEV <� Atl MASt ER SIGN PROGRAM SHALL HE REQUIRE SUB.EC i TO PLANNING AND L —— ———— —— I _ _ _ _ — ——— — — — —— ZONING CONOSSION APINWAL TO ALLOW SITE SIGNAGE AS NECESSARY TO 2!'10 NOT MF KAT ION IDENTIFY ENTRANCES TO THF.VARIOUS PODS WITH THE DEVELOPMENT AS WELL AS RE TAIL Sf 1AGE EXHIBIT B: Updated Official Zoning Map - City Of Cibolo, Texas . '� `.• 3 ti �FX TBVd Ua.fNan»' • F Y . _ - c� OWie�LL.tl Uw-�wnay +mppsmr.luoC.�al r ._Rrr/ddld) - �, -pnrrCmma4lUf •.: {{.. +� wMUr Rgen�6+pbv^ti COY MUaE 9 ., a.a LU M,MY 3rP-F+.�I'RrwanW f3F1i € �R��� to143mmffiYl�mh Pd�AI_1iSi »�jrz�u • e�u� leu) sl a r^ "s a, is A � 4 , F Cl a.•w.�r..r.�.ar.awrrr•wwaro+o►r ;, e° ti OFFICIAL ZONING MAP City of Gbolo September 27•x 16 rtx 0 0.5 1 2 114.000 Mils 6