ORD 1185 10/11/2016 o IF ci
,,,, ,&o
v , �t0
T£ X P.
"City of Choice"
ORDINANCE 118 5
AN ORDINANCE ASSIGNING A PERMANENT ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTIES GENERALLY LOCATED ALONG THE WEST SIDE OF
HAECKERVILLE ROAD BETWEEN LOWER SEGUIN ROAD AND BOLTON ROAD,
COMPRISED OF 1 ACRE FROM AGRICULTURAL HOMESTEAD (AG) TO
MANUFACTURED HOME (MH-1); 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 acre generally located along the west side of
Haeckerville Road between Lower Seguin Road and Bolton Road, from Agricultural (AG) to
Manufactured Home (MH-1); 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 1 acre from AG to MH-1, 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 1 acre of real property located along the west side of Haeckerville Road between Lower Seguin
Road and Bolton Road, of which 1 acre would be rezoned from Agricultural (AG) to Manufactured Home
(MH-1), 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 1 acre of real property located along the westbound IH-10 frontage and immediately east of Santa Clara
Road, shall be rezoned from Agricultural (AG) to Manufactured Home (MH-1); 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 IH.
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 11th DAY OF October,2016.
Allen nn
Mayor, City of Cibolo
ATTEST: Z'
l
Peggy Cimics
City Secretary, City of Cibolo
2
EXHIBIT A: rezoning Exhibit(Legal Description)
t
Being 1.003 acres of land,more oc less, out of a 39.70 acre t t of land out of and part a
the Jose Flores Survey No.63, Abstract 134,Guadalupe County,Texas as described in
Distribution Deed recorded in Volume 1186,Page 251,OfficiW P ublio Records of
Guadalupe County,Teams,said 1.003 awes being more particularly described by metes
and bounds as follows:
BEiClNNllsNG at a 112 inch iron rod fund for the East corner of this 1.003;crews,sine
being tin the northeast line of paid 39.70.acres at the North corner of the Mark Wayne
Michalek 1.000 acres(Volume 2579,Page 305), samc also being on the southwest Rightm
of-Way line of 1-laeckerville Road,same also being the POINT OF BEGINNING
THENCE dung the lines common to thh 1.003 acres and said lvIlchalela 1..000 acres the,
following courses and distances:
South 58 degrees 40 minutes 31 seconds West(Scut-h 5:8 degrees 39 minutes 39
seconds West),a distance of 216.99 feet(called 21 y7.00 feet.)to a 1/2 inch iron ro#
found for an.angle comer of this 1.003 acres,same being the West corner of said
Michalek 1.000 acres;
South 34 degrees 24 minutes 33 seconds Bast(Som 34 degrees 25 minutes 1p
seconds East), a distance of 77.64 feet to a 1f'2 inch iron rod set fhr an angle
corner of this 1.003 acres,same being on the southwest line ofsaid Michalek
1.000 acres.
THENCE departing the interior line of and severing said 39.74 acres the fallowing
courses and distances:
South.58 domes 40 minutes 31 seeGnds West,a distance of 127.71 feet to a Y2
inch ironrod set for the South corner of this 1.003 acres;
North 30 degrees 44 nani:nutes 51 seconds West,a distance of 177,54 feet to a If2
inch iron rod set for the%Vest cornier of this 1.003 acres;
North, 58 degrees 40 minutes 31 seconds East,a distance of 339.74 feet to a 112
inch iron rand set for the northeast corner of this 1.003 aces,same being on the
northeast line of said 39.70 acres and the southwest Right-of-Way line of said
Haeclaerville Road;
THENCE along the southwest light-of--''day line of said 14mckerville.Road,South 30
degas 44 minutes 51 seconds East(called South 29 degrees 17 minutes 00 seconds
East), a distmce of 100.00 feet to the POINT OF BEGINNING,NING,and containing 1..003
acres of land,more or less.
3
EXHIBIT A: Rezoning Exhibit(Graphic Illustration)
0
SCALE: 1°=60'
REMAINING PORTION
OF 39.70 ACRES '
(1186/251)
0
POINT OF
BEGINNING
SUBJECT TRACT '
43,581 SQ. Ef
1.003 ACRES
(VACANT LOT)
CJ 151 I
MARK WAYNE MICHALEK
1.000 ACRES
D, (2579/305)
� rs
�r
4
EXHIBIT B: Updated Official Zoning Map -City Of Cibolo, Texas
), »
Symbology
h,�
w)rr 99..ew r
_ \ .94J LMaFgml Enpgn�.nCwr P.,�FEI '
15!•21
I g
gif1 69wd M:y e.y.�aN)Fr swY:sP91
1'i,. -PWwfw+ylPP7.Pr9
'Sl
.n.
EES ��, pdn.nn• IOFF�[¢P](9]]161
'� -.] • w�, '_.,�1� �((,�.��i... o,6,u,..e• 2oNE Ilo-t,ml6)
l �_I
J yn
aal-
WJ
jW-
R•
—7� "•`sig----'.
OFFICIAL ZONING MAP
Clty of Cibolo
a...wP.
,rrs+
Pw mw� r
rrxf`' 0 0-5 1 2
ueu w o90 x' 124,006Melee
5