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ORD 1189 12/13/2016 tI0,,,f ll.,,,C l Z4 •\ '0" \\\oy--i�/ Ci r=_ O f o T£ X A,s "City of Choice" ORDINANCE 118 9 AN ORDINANCE TO REZONE CERTAIN REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF FM 1103 AND SCHNEIDER DRIVE, COMPRISED OF 1.86 ACRES FROM LIGHT INDUSTRIAL (I-1) TO RETAIL/OFFICE (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 1.86 acres located at the northwest corner of FM 1103 and Schneider Drive from the current zoning of 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, October 19, 2016 at 6:30 p.m. in the Cibolo City Hall; and, the second public hearing being conducted by City Council on Tuesday, October 25, 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 1.86 acres from I-1 to C-3, as described herein and depicted in Exhibit A; and WHEREAS, legal notice notifying the public of both public hearings on the rezoning to the real property described herein, was published in the Seguin Gazette, a newspaper of general circulation in the City of Cibolo, on October 9, 2016,with said publication 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 1.86 acres of real property located at the northwest corner of FM 1103 and Schneider Drive from the current zoning of I-1 to 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. 1 NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS: SECTION I. THAT the 1.86 acres located at the northwest corner of FM 1103 and Schneider Drive shall be rezoned from Light Industrial (I-1) to Retail/Commercial (C-3) a depiction of which is more specifically defined in 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 M. 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 13th DAY OF DECEMBER,2016. C--enb7unn Mayor,City of Cibolo ATTEST: Peggy Cimics City Secretary, City of Cibolo 2 Exhibit A: Rezoning Exhibit(Legal Description) ME,TES AND 13O NDS Being 1.860 acres of land,more or loss,out of the A. S.Lewis Survey No.78,Abstract 216, Guadalupe County,Texas,also boing out of Lot 1,Block 1 of Schneider Industrial Park,=corded k Volume 4,Page 124 of the map and plat records of Guadalupe County, Texas,and being the same property described in a'Warranty Deed recorded in Volume 1923,Page 742,Official Public Records of Guadalupe County,Texas,TOGETHER with a Boundary Line Agreement recorded in Volume 4042,Page 457 said 1.860 acres being more particularly described by metes and bounds as follows: BEGINNING at a 112 ineh iron rod found for the southwest comer of this 1,860 acres, same being on the North Righ"f Way line of Schneider Road and the southeast corner of Lot 2,Block 2 of Schneider Industrial Park(Volume 4, Page 124),same also being the POINT OF BEGINNING; THENCE along the line common to this 1.860 acres and said Lot 2,North 05 degrees 49 minutes 14 seconds West(called North 06 degrees 01 Minutes 31 seconds West),a distance of 164.67 feet(called 164,56 feet)to a 112 inch iron rod found for the northwest corner of this 1.860 acres,same being the southwest comer of the Cibolo Storage,LLC. 2.1440 acres(Volume 4055,Page 728); THENCE along the lines common to this 1.560 acres and said Mole Storage 2.1440 acres, same also being the boundary line agreentemt recorded in Volume 4042,Page 457, the following courses and distances; North 84 degrees 18 minutes 08 seconds East(called North.84 degrees 41 minutes 30 seconds East),at distanoo of 246,87 feet(called 246,26 feet)to a 112 inch iron rod found for ars angle comer; South 06 degrees 03 minutes 55 seconds East(called South 05 degrees 40 minutes 33 seconds East), ar distance of 4595 feet(called 45.73 feet)to a point for an angle comer,from which the center of a fence post bears North 36 degrees 56 minutes 02 seconds East,0.06 feet, North 84 degrees 17 minutes 55 seconds East(called North 84 degrees 41 minutes 17 seconds East), a distance of 217.18 feet(called 217.46 fect)to a 112 inch iron rod found for the point of curvature of a curve to the right; Along said curve to the right having a radius of 91.25 feet,as are length of 42.72 feet(called 42.23 feet),a chord length of 42.33 feet,a chord bearing of South 82 degrees 12 minutes 24 seconds East,and a delta angle of 26 degrees 49 minutes 26 seconds to a 112 inch iron rod found for the point of tangency; South 69 degrees 09 minutes 24 seconds East(called South.68 degrees 30 minutes 23 seconds East),a distance of 29.65 feet(calted 30.19 feet)to a 112 inch iron rad found for the northeast corner of this 1.860 acres,same being the southeast comer of said Cibolo Storage 2.1440 acres and on the West Right-of-Way line of F.M. 1103; 3 THENCE along the Nest Right-of-Way line of said F14. 11413,South 20 degrees 48 minutes 415 seconds West(called South 20 degrees 28 minutes 26 seconds West),a distance of 199.67 feet(called 199.89 feet)to a point for the southeast corner ofthis 1..860 acres,some being at the intersection of the West Right of Way Hue of said.F.M. 1103 and the North Right-of-Way line of said Schneider Drive; THENCE along the North Right-of-Way line of said Schneider Road the Following courses and distances; North 69 degrees 18 minutes 29 seconds Test(called North 69 degrees 38 minutes 08 seconds West),a distance of 86.90 feet(called 8+6.87 feet)to a point for the point of curvature of curve to the left; Along said curve to the left having a radius of 430.00 feet,an are length of 199.16 feet, a chord longth of 197.38 feet,a chard bearing of North 82 degrees 34 minutes 37 seconds West,and a delta angle of 26 degrees 32 minutes 14 seconds to a point for the point of tangency, South 84 degrees 11 minutes 11 seconds West(called South 83 degrees 51 minutes 32 seconds West),a distance of 172.51 feet to the POINT OF RIEGYNNING,and containing 1.834 acres of land,more or less. 4 y 0 a in+tir rnK um N.+.wa n.nvn,s,sa.n o,.�..�.......�.....-. �... _ .. _ ►+• rW KtY rK•o�rrff AD Ya MepaKWNa i{rPla K t.aN a IKtl oRaaa ala r1(a,mrY M arra MO Un WiY�nsN1s racHsea i(iee+/r•.t�fn w,.n5p RYAS StKf! `S„s �' J �, .xrW N•ni Kd AnN M.YI fin!al hi,q/ SaYa W NGNIN, l / s sy6. 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