ORD 1195 01/10/2017 0 IF
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T £ XA5
ORDINANCE 11955
AN ORDINANCE ASSIGNING A PERMANENT ZONING CLASSIFICATION
OF CERTAIN REAL PROPERTIES LOCATED AT 379 WEIL ROAD,
COMPRISED OF APPROXIMATELY SEVEN (7) ACRES FROM
AGRICULTURAL HOMESTEAD (AG) TO PLANNED UNIT DEVELOPMENT
(PUD) TO ALLOW USES WITHIN THE TWO-FAMILY RESIDENTIAL
DISTRICT (TF-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 approximately seven (7) acres
located at 379 Weil Road, from Agricultural (AG) to Planned Unit Development (PUD) to allow uses
allowed in the Two-Family Residential District(TF-1); 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,December 14, 2016 at 6:30 p.m. in the Cibolo City Hall; and, the
second public hearing being conducted by City Council on Tuesday, January 10, 2017 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 seven (7) acres from
AG to PUD, as described herein and depicted in Exhibit"A";and
WHEREAS, legal notice notifying the public of both public hearings on the property proposed
to be rezoned, was published in the Seguin Gazette, a newspaper of general circulation in the
City of Cibolo, on November 27, 2016 and November 29, 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 revising the zoning classifications of certain real properties located
379 Weil Road, from AG to PUD to allow uses allowed in the TF-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.
NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO,TEXAS:
SECTION I.
THAT the seven (7) acre property located at 379 Weil Road shall be rezoned from Agricultural
(AG) to Planned Unit Development(PUD) to allow uses allowed in the Two-Family Residential District
(TF-1), a depiction of which is more specifically defined on Exhibit"A".
SECTION II
THAT subject to the conditions stated in Section III, the zoning map of the City of Cibolo is
hereby amended to reflect the new zoning designations created by this Ordinance, as shown on
Exhibit "B", attached hereto; provided all other applicable requirements of the Cibolo Unified
Development Code are followed.
SECTION III
THAT all uses and development standards of the Two-Family Residential District (TF-1)
zoning district designations of the Cibolo Unified Development Code, as amended, shall
govern the development of the seven (7) acres of the residential in accordance with this
Planned Unit Development, Concept Plan attached hereto as Exhibit "A"; and further provided
that compliance with the recommended conditions of the P&Z are achieved. Said conditions are
as follows:
1. Maximum of 18 residential lots.
2. Maximum of 4 residential lots with a minimum lot width at front building setback line of
65 feet and a minimum overall lot area of 8,775 square feet.
3. Minimum side building setback line at 7.5 feet for all residential lots.
SECTION IV
THAT all references herein to the Cibolo Unified Development Code -shall mean the
Cibolo Unified Development Code as may be amended, re-codified or otherwise revised and
such amendment, recodification or other revision shall apply to this Planned Unit
Development.
SECTION V
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 VI
THAT all other ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent that they are in conflict.
SECTION VII
THAT this ordinance is not severable.
SECTION VIII
THIS ordinance will take effect upon its passage, approval and publication as provided by
law.
PASSED,APPROVED, AND ADOPTED THIS /0 DAY OF 2017.
Allen Dunn
Mayor, City of Cibolo
ATTEST:
'7
Peggy
--�-�-�-
Peggy Cimics
City Secretary, City of Cibolo
EXHIBIT A: Rezoning Exhibit(Legal Description)
DAM=YEP.
LAND SURVEYING�-----
METES A11411)BOUNDS I)ESCRIPTION
FOR A
7,377 ACRE TRACT OF LAND
"ZONNG"
B cin g 7.377 acres of land situated in the Sexto Domingum Survey No. 152,Abstract 10,Guadalupe County,
Texas and consisting of a 1.71 acre tract of land recorded in Volume 4159,Page 1 a22 of the Official Public
Records of Guadalupe County,Texas,a 0.517 acre tract of land as recorded in Volume 4159,Page 1024 of the
Official Public Records of Guadalupe County,Texas,and a 5.15 acre tract of land as recorded in Volume 4159,
Page 1020 of the Official Public records of Guadalupe County,Texas,and said 7.377 acre tract of land beine
more particularly described as follows:
BEGINNING at a point in the Northwesterly line of Weil Road,being the Southerly comer of a 5.8 acne tract of
Iand as conveyed to Clarence Belleveau,and recorded in Volume 544,Page 44,of the Official Public Records
of Guadalupe County,Texas,being the Easterly comer of said 1.71 acre tract,and being the Easterly comer of
this herein described 7.377 acre tract of land;
Thcnce with deed calls,along the Northwesterly line of We Road,S 600 09'00"W a distance of 150.00 feet to
a point for the Southerly corner of said 1.71 acre tract,being the Easterly corner of said 0.51 acre tract of land,
and a corner in the Southeasterly line of this herein described 7,377 acre tract of land;
Thence continuing with the Northwesterly line of Neil Road,5 60156'56"W a distance of 150.00 feet to a
point for the Southerly corner of said 031 acre tract,being the Southeasterly comer of said 5.15 acre tract,and
being a corner along the Southeasterly line of this herein described 7.377 acre tract of land;
Thence continuiuga along the Northwesterly line of Weil Read,S 601 00'W a distance of 357.25 feet to a point
for the Easterly corner of a 4.92 acre tract of land conveyed to Thomas Group,as recorded.in Volume 1178,
Page 240,of the Official Public Records of Guadalupe County,Teras,being the Southerly corner of said 5.15
acre tract of land,and beim the Southerly corner of this herein described 7.377 acre tract of land;
Thence departing the Northwesterly line of Weil Road,with the Northeasterly line of said 4.92 acre tract,
N 270 54'03"W a distance of 496.99 feet to a point in the Southeasterly line of a 6,475 acre tract conveyed to
Jessica Silveyra,as recorded in DocumentNo.2014019710,of the Official Public Records of Guadalupe
County,Texas,being the Northerly corner of said 4.92 acre tract,being the Westerly comer of said 5.15 acre
tract,and the Westerly corner of this herein described 7.377 acre tract of land;
Thence with the Southeasterly line of said 6.075 acre tract,N 600 00'E a distance of 486.61 feet to a point for
the Easterly comer of said 6.075 acre tract,being a Southerly corner of Cibolo Vistas Phase 1,as recorded in
Volume 7,Pages 308309,ofthe Map and Plat Records,Guadalupe County,Texas,being the Northerly comer
of said 5.15 acre tract,being the Westerly corner of saidl.71 acre tract,and being in the Northwesterly line of
this herein described 7.377 acre tract of land;
Exhibit A: Rezoning Exhibit(Legal Description Cont.)
Thence along the Southeasterly line of said Cibolo Vistas,Phase 1,N 6010 04'H a distance of 150.00 feet to a
point for the Westerly corner of said 5.8 acre tract,being the Northerly corner of said 1.71 acre tract,and beim
the Northerly corner of this herein described 7.377 acre tract of land;
The=along the Southwesterly litre of said 5.8 acre tract,S 300 13'E a distance of 496.72 feet to the Paint of
Beginning and containing this herein described 7.377 acre tract of land;
"This document was prepared under 22 TAC §663.21,does not reflect the results of an on the ground survey,
and is not to be used to convey or establish interests in real property except those frights and interests implied or
established by the creation or reconfiguration of the boundary of the political subdivision for which it was
prepared-if
Bearings based on recorded deed information located in the official Public Records of Guadalupe County,
Texas.
OF
Drew A.Mpy
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Registered Professional Laud Surveyor No.5348 �•� �,�
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City Council
Meeting Date: January 10, 2017
From: Rudolph F. Klein IV, P.E., Director of Planning & Engineering
Subject: Zoning Petition I Ordinance
379 Weil Road—Permanent Zoning of 7 acres to PUD(including TF-1)
Owner: Barbara Kay Dennis
Applicant: JHFS Holdings, LLC by Jack Scanio
Representative: Moeller&Associates by James Ingells
Area: 6.86 acres
Location: 379 Weil Road
Council District: 7
Proposed Zoning: Planned Unit Development(PUD)
Proposed Uses: Two-Family Residential (TF-2)—Duplexes
Attachments: Rezoning Ordinance & Applicant Narrative
Background/History:
The City Council and P&Z Commission held public hearings on December 13'h and December 14"' respectively, to
hear public testimony on the voluntary annexation of the seven (7) acres, including the .672 acre homestead,
generally located east of FM 1103 and north along Weil Road. In anticipation of the annexation the Planning &
Zoning Commission and City Council held/will hold public hearings on December 14, 2016 and January 10, 2017,
respectively, to hear public testimony concerning the assignment of PUD permanent zoning for the seven (7)
acres as described within the attached ordinance.
Staff was approached by the applicants about the possibility of placing residential duplexes at the below subject
tracts located at 379 Weil Road. The site is currently within the Extra Territorial Jurisdiction (ETJ):with uses
including agricultural and a homestead. The applicant is requesting annexation and permanent zoning of PUD to
provide alternative housing choices that are currently unavailable to the community. The PUD request does not
include the .672 acre homestead as temporary Agricultural zoning will be applied pending permanent zoning
designations at a later date. Please see provided narrative on the proposed lot configuration of the subdivision.
Find ingslCurrent Activity: I
The subject tracts are located along Weil Road with surrounding uses/zoning as follows:
1. North I
• Cibolo Vistas, Single Family Residential(SF-2)
2. East
• Vacant, ETJ
3. South (across Weil Rd.) ti
• AG/Residential, ETJ Little Co.wys
4. West a
• AG/Daycare, ETJ
The recently adopted Future Land Use Map indicates
the property to have Commercial and Neighborhood
Residential. The proposed transitional residential
would serve as an appropriate buffer between the
existing/proposed uses and the realignment/extension
of the future FM 1103.
s
1 3
Public Notice: , 1, y
Per TLGC, the proposed rezoning notice was published within the local
newspaper and provided to seven (7) property owners within 200' of the site. C OF
To exceed these minimum requirements, Staff placed signage on site (see PQ Ic
photo) and sent property owners notice by certified mail. Following this
process, to date, Staff has received no letters in favor of or in opposition to the
request.
P &Z Recommendation:
On December 14, 2016, the Planning &Zoning Commission conducted a public
hearing, to solicit public testimony regarding the rezoning. Following staff's
presentation, the public hearing opened for citizen comment whereas one (1)
citizen expressed concerns about the durability of the public notice signs. (In
review by staff) By a vote 6-1, the Planning & Zoning Commission
recommended approval of the proposed rezoning with the following conditions:
1. Maximum of 18 residential lots.
2. Maximum of 4 residential lots with a minimum lot width at front building setback line of 65 feet and a
minimum overall lot area of 8,775 square feet.
3. Minimum side building setback line at 7.5 feet for all residential lots.
City Council Action
Options:
1. Approve the proposed Zoning Ordinance of approximately 7 acres at 379 Weil Road to a Planned Unit
Development(PUD), as recommended by the P&Z Commission.
2. Deny the request.
Recommendation:
1. Approve the proposed Zoning Ordinance of approximately 7 acres at 379 Weil Road to a Planned Unit
Development(PUD), as recommended by the P&Z Commission.
J- n
Rudolph F. Klein IV, P.E. Lisa Gonzalez
Director of Planning&Engineering City Planner
Rklein(a)cibolotx.gov Laonzalez@cibolotx.gov
210-658-9900 x 3139 210-658-9900 x 3141
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Future Land Use Map(2016 Master Plan update) Current Official Zoning Map
Neighborhood Residential
Commercial
2
Weil Duplex Subdivision
Planned Development District (RMHPDD)
Narrative
REQUEST
The applicant is requesting a Planned Development District ("PDD") with a Base Zoning TF-1 of the
proposed 6.86ac tract to allow for the development of a duplex residential community. The current TF-1
zoning district requires a minimum 75' lot width with a 9,000 square foot lot area. The proposed
community will consist of lots consistent with the TF-1 zoning, only with a 65ft lot width minimum. The
proposed typical 65'x135' lot in Weil Duplex Subdivision is 8,775 square feet in area. We are proposing
to revise the current TF-1 district requirements to a minimum 65' lot width, 8,775 sf minimum lot area
allowing duplex dwellings along with the implementation of several other PDD standards with this PDD.
We respectfully request consideration of the proposed Planned Development District for the 6.86 acres of
land located off Weil Rd.
BASE ZONING DISTRICT
The Weil Duplex Subdivision will have the base zoning requirements of the TF-1 zoning district as
described in the current zoning ordinance of the City of Cibolo. The PDD will revise the minimum lot
widths set forth in the current zoning standards for an TF-1 zoning district.
Development Standards
The general development standards per land use areas as follows:
Land Use: Standard TF-1 Zoning Weil Duplex PDD
Base Zoning: TF-1 TF-1
Minimum Lot Width: 75 Feet Wide 65 Feet Wide
Minimum Lot Depth: 120 Feet 135 Feet
Minimum Lot Area 9,000 Square Feet 8,775 Square Feet
Minimum Front Setback: 25 Feet 25 Feet
Minimum Side Setback: 10 Feet 7.5 Feet
Minimum Rear Setback: 10 Feet 10 Feet
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