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ORD 1184 10/11/2016 o F C/ 4 1-10 T£ X AS "City of Choice" ORDINANCE 1 1 R 4 AN ORDINANCE ASSIGNING A PERMANENT ZONING CLASSIFICATION OF CERTAIN REAL PROPERTIES GENERALLY LOCATED ALONG THE WESTBOUND IH-10 FRONTAGE AND IMMEDIATELY EAST OF SANTA CLARA ROAD, COMPRISED OF 4 ACRES FROM AGRICULTURAL HOMESTEAD (AG) 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 approximately 4 acres generally located along the westbound IH-10 frontage and immediately east of Santa Clara Road, from Agricultural (AG) to General Commercial(C-4); and WHEREAS, two public hearings were held to discuss the rezoning 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 October 11, 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 approximately 4 acres from AG to C-4, as described herein and depicted on Exhibit A; and WHEREAS, legal notice notifying the public of both public hearings on the rezoning 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 4 acres of real property located along the westbound IH-10 frontage and immediately east of Santa Clara Road, of which 4 acres would be rezoned from Agricultural (AG)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. 1 NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION I. THAT 4 acres of real properties generally located along the westbound IH-10 frontage and immediately east of Santa Clara Road, shall be rezoned from Agricultural (AG)to General Commercial (C-4) 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 as 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 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 jDAY OF QC:r,2016. Allen Dunn Mayor, City of Cibolo ATTEST: Peggy Cimics City Secretary, City of Cibolo 2 EXHIBIT A: Rezoning Exhibit(Legal Description) BEING 4.021 ACRES OF LAND, MORE OR LESS, OUT OF THE GUADALUPE TORRES SURVEY NO. 69, ABSTRACT 313, GUADALUPE COUNTY, TEXAS AND BEING COMPRISED OF A ONE ACRE TRACT DESCRIBED AS "TRACT I" AND 3 ACRES, DESCRIBED AS "TRACT II" IN VOLUME 2017, PAGE 835 OF THE OFFICIAL RECORDS OF GUADALUPE COUNTY, TEXAS. EXHIBIT A: Rezoning Exhibit(Graphic'Illustration) 'E 464.25 N60'fl5'�x - z a h 4 tp E7 -T x _ _ -- - LR t. 1 f w N LT ? l _ 1, E Ti-:T Dar :L!' I. i M -__ . ':•5 aC 3.i'E „3N.93'_ 3,•�yCRe;T. M",� P1 T S -EA SC "t &E:E-E' 'E iL F. {:T T E- GdE+av lr E" Fr FU.luES - 25 VE ____ _CSL.____ _ - SE6'16'56"iY 461 =2' �H I' INTERSTATE HIGHWAY 10 %E3T ACCESS ROAD 3 EXHIBIT B: Updated Official Zoning Map - City Of Cibolo,Texas _—�-+`,� r•� ,I "�_. � 77 Sy hao0y Y „a�l,L.,al lea.:Ll �Y '- � �W yfcnmmtl,l(GI ie...• -7 �_i LLpFmNPe�Le1Lu 1.IF11 y �( _Lra.✓:mNa.LL.nLu 1.4'x1 yP���ay-,• ' 9 ,i'~ �,WLJavglmn.LPutl..tiY1�H11 �� -NW Num Pe.aww(N131 - 1 L--'W Pplenal urpgm .va.(uUPE) _ •� LFrrw owWn s NFmmi Nawia.�nw-e.�ui 1 ) r ( �iN ��� •+ '�: r iJ rweFwrer(vFl.•Fmmn �,:� a . - ,�h `•3 r ®,L-n.m..awngrmn ".�� ♦ n '� �✓ '1 2416 ZON Hae M.mJrtierrts _ yP x� 6NPP.. ud xoPF i�rr lLl �. • �� \ trd ) xOPF 1)141[1 ' Qd i r 1 13-ril q6 rzom t tOr[I r R mrL yfi i _ . Of�{ C!BP.wmrmraaew,mreaul.a.w rc.wl.ammawnrauw..ma..e O UOlm.�oet.a(FaW tirurLaa,�eLlwlumx� Mnt 4nsuli:IfnYdn�1. N OFFICIAL ZONING MAP mwm._� ae.an�LxdLw Cry of Cibolo .rtsr T C x 1.5 0 0-5 1 2 Iwro-L•mY.nN��� •cAru nJ clwkr- 124,006 wes 4