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ORD 1197 01/24/2017 O f C1 O F nininin//nntn� 71 "City of Choice" ORDINANCE 1147-7 AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, AMENDING ORDINANCE #1118, PREVIOUSLY KNOWN AS BISON RIDGE PLANNED UNIT DEVELOPMENT (PUD); REVISING THE ZONING CLASSIFICATIONS OF APPROXIMATELY 177 ACRES OF REAL PROPERTIES LOCATED ALONG AND SOUTH OF FM 78 BETWEEN COUNTRY LANE AND MEADOWVIEW ESTATES, AND NOW REFERENCED AS THE VENADO CROSSING PLANNED UNIT DEVELOPMENT. 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 amend Ordinance 1118, revising the zoning classifications of certain real properties located along and south of FM 78 between Country Lane and Meadowview Estates,referenced as the Venado Crossing Planned Unit Development;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 amendment of Ordinance 1118, as described herein and depicted in Exhibit B;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 1 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 along and south of FM 78 between Country Lane and Meadowview Estates, referenced as the Venado Crossing Planned Unit Development, as reflected in the attached Exhibit "B" 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 approximate 177 acre property referenced as the Venado Crossing Planned Unit Development, as is more particularly described in Exhibit `B", is hereby amended from the Planned Unit Development district, a depiction of which is more specifically defined by Ordinance 1118 and Exhibit"A". SECTION II THAT the amended Planned Unit Development established by this ordinance shall allow the revision of the zoning classifications of 177 acre property from 35 acres of Retail/Office (C-3), 128 acres of Mixed Density Residential (SF-3) and 14 acres of Multi-Family Residential (MF-2) as depicted in Exhibit "A" to 20 acres of Retail/Office (C-3), 39 acres of Medium Density Residential (SF-2), 110 acres of Mixed Density Residential (SF-3) and 8 acres of Multi-Family Residential (MF-2), 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 C-3, SF-2, SF-3 and MF-2 zoning district designations of the Cibolo Unified Development Code, as amended, shall govern the development of the 20 acres of the C-3 district, 3 9 acres of the SF-2 district, 110 acres of the SF- 3 district and 8 acres of the MF-2 district of this Planned Unit Development, per the zoning districts designated on the Mixed Use Concept Plan attached hereto as Exhibit "B"; SECTION IV 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"C". SECTION V 2 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 24th DAY OF JANUARY, 2017. Allen Dunn Mayor, City of Cibolo ATTEST: Peggy Cimics City Secretary, City of Cibolo 3 Exhibit A: Ordinance#1118 Exhibit (Existing Districts) 3213 -13 - 23%';66 23 ';V6 1 MULTI-FA I4 IIy f *14 ACRES i r rezoned _ -..�-. 4 yRwar 61 RESIDENTIAL g 1128 ACRES 66496 697V r"�+t 66390 69704 • 35 acres of Retail/Office (C-3) • 128 acres of Mixed Density Residential (SF-3) • 14 acres of Multi-Family Residential (MF-2) 4 Exhibit B: Rezoning Exhibit(Legal Description) 177.22 ACRES STATE OF TEXAS COUNTY OF GUADALUPE Field notes for a 177.22 acres of land being approximately 174.12 acres out of the Geronimo Leal Survey, and approximately 3.1 acres of land out of the Josefa De Cortinas Survey in Guadalupe County, Texas and being the residue of a called 200,895 acre tract of land as described in a deed from Reitmeyer Investments Holding Company, Ltd., to Reitmeyer Investments, Ltd., A Texas Partnership, recorded in Volume 1312, Page 133 of the Official Public Records of Guadalupe County, Texas. Said 200.895 acres being comprised of all that 70.41 acre tract of land as described in a deed by Alma Schraub to Alfred Schraub by deed dated July 13, 1963 and recorded in Volume 358, Page 26-29 of the deed records of Guadalupe County, Texas, all of that 62.23 acre tract of land as described in a deed by George Schraub, et al to Alfred Schraub, et ux by deed dated i�Iarch 31, 1945 and recorded in Volume 209, Page 277 of the deed records of Guadalupe County, Texas, the greater part of that certain 66 acre tract described in a Decree of Partition from Wilhelmna Schraub dated December 21, 1910 and recorded in Volume 35, Pages 483-488 of the deed records of Guadalupe County, Texas and the greater part of that certain 7.69 acre tract as described in a deed from Wilhelmine Schraub, widow of William Schraub to Alfred Schraub by deed dated December 14, 1927 and recorded in Volume 95, Page 482 of the deed records of Guadalupe County, Texas, Title to said 200.895 acre tract conveyed by Lillie Amanda Schraub, widow of. Alfred Schraub to Dorthy Alexander and Justin Huey by deed dated July 14, 1973 and recorded in Volume 538,Pages 3 13-3 14 of the Deed Records of Gaudalupe County, Texas, the description of the property in said deed is in error in that it describes the Wilhelmina Schraub 200 acre tract as described in Volume 35, on Pages 438-488 and not the total of the Alfred Schraub property: Said 177.22 acres tract being more particularly described by metes and bounds as follows; BEGINNING at a one half inch steel pin found on the south right-of-way line of F.M. Highway 78 for the northwest corner of this tract and being the northwest corner of a called 200.895 acre tract as described in a deed from Reitmeyer Investments Holding Company, Ltd., to Reitmeyer Investments, Ltd., A Texas Partnership, recorded in Volume 1312,Page 133 of the Official Public Records of Guadalupe County, Texas. THENCE with the south Right-Of-Way line of F.M. Highway 78, North 840 43' 00" East, a distance of 1978,58 feet to a one half inch steel pin set for the northeast corner of this tract and being the northwest corner of Meadow View Estates,recorded in Volume 5, Page 93B of the Map and Plat records of Guadalupe County,Texas, and also being on the west right-of-way line of Deer Meadow. THENCE along the west right-of-way line of Deer Meadow, South 500 17' 29"East, a distance.of 36,29 feet to a one half inch steel pin set on a curve to the left THENCE with said curve to the left (whose radius is 1188,28 feet, central angle is 14° 23' 21" and whose chord bears South 22° 59' 44" East, a distance of 297 64 feet) an arc distance of 298.42 feet to a one half inch steel pin set for the PT of the curve. 5 THENCE with the west line of said Lot 9, South 30° 11' 24" East, a distance of 109.68 feet to a.one half inch steel pin set for the southwest corner of Lot 9. THENCE with the south line of said Lot 9, North 72" 24' 59" East, a distance of 204.94 feet to a one half inch steel pin found for the southeast corner of Lot 9. THENCE with the west line of Meadow View Estates, South 30° 11' 24" East, a distance of 858.16 feet to a one half inch steel pin found on the north right-of-way line of Golden Meadow for the southwest corner of Lot 1. THENCE with the north right-of-way line of Golden Meadow the following two calls; South 590 53' 02" West, a distance of 238.21 feet to a one half inch steel pin set and South 82° 03' 55" West, a distance of 169.22 feet to a one half inch steel pin set for a corner of this tract and being the northwest corner of Meadow View Estates III, recorded in Volume 5, Page 115A of the Map and Plat Records of Guadalupe County, Texas. THENCE with the west line of Meadow View Estates 111, South 07° 53' 32" East, a distance of 350.44 feet to a one half inch steel pin set for the southwest corner of Lot 22 and being on the north line of a called 52.14 acre tract of land as described in a deed to Clayton L. & Jackie L. Stolte by deed recorded in Volume 476, page 628 of the Deed Records of Guadalupe County, Texas. THENCE with the northwest line of the Stolte tract and the southeast line of the Alfred Schraub 62.23 acre tract also being the southeast line of a called 60.668 acres recorded in Volume 861, Page 201 of the Deed Records of Guadalupe County, Texas, South 59" 51' 58" West, a distance of 449.92 feet to a one half inch steel pin found for the northern most northwest corner of the Stolte tract. THENCE with the southwest line of the Stolte 52.14 acre tract, and being the northeast line of the Alfred Schraub 70.41 acre tract, South 30° 10' 00" East, a distance of 961.33 feet to a one half inch steel pin found for a salient corner of the Stolte 52.14 acre tract and the east corner of this tract. THENCE with the northwest and north line of the Solte 52.14 acre tract, a southeast and south line of the Alfred Schraub 70.41 acre tract the following two calls; South 59° 50' 00" West, a distance of 188.00 feet to a one half inch steel pin set and South 81° 52' 57" West, a distance of 981.95 feet to a one half inch steel pin found for a salient corner of the Alfred Schraub 70.41 acre tract and for the west corner of the Stolte 52.14 acre tract. THENCE with the southwest line of the Stolte 52.14 acre tract, and being the northeast line of the Alfred Schraub 70.41 acre tract, South 30° 14' 23"East, a distance of 1090.07 feet to a one half inch steel pin set on the northwest right-of-way line of County Road 318 (AICA Arizpe Road) for the south corner of the stolte 52.14 acre tract and being on the southeast line of the Wilhelinina Schraub 200 acre tract. THENCE along the northwest right-of-way line of County Road 318, South 59° 38' 14" West, a distance of 1283.59 feet to a 1 '/x inch pipe found for the south corner of this tract, in the southeast line of the Geronimo Leal Survey also being the southeast line of the Alfred Schraub 70.41 acre tract and the southeast line of the Wilhelmina Schraub 200 acre tract. 6 THENCE with the southeast line of the 15 acre tract, a northwest line of the Alfred Schraub 62.23 acre tract, North 59° 43' 37" East, a distance of 1342.50 Feet to a eye bolt :found for the east corner of the 15 acre tract and a salient corner of the Alfred Schraub 62.23 acre tract and a salient corner of this tract. THE, with the northwest line of the 15 acre tract, the northwest line of a 67 acre tract as described in a Decree of Partition from Wilhelmina Schraub to Julia. Schraub (now Mrs Herbert Krause) dated December 21, 1910 and recorded in volume 35 on Pages 483-488 of the deed Records of Guadalupe County, Texas and being a southwest line of the Alfred Schraub 62.23 acre tract, the southwest line of the Alfred Schraub 66 acre tract, North 30° 29' 23" West, a distance of 2264.96 feet to the PLACE OF THE BEGINNING. (Reference is hereby made to an 24" x 36" survey plat prepared this same date.) (Ali pins set with red cap stamped No. 4724) BEARING BASED ON DEED RECORDED IN VOLUME 1312, PAGE 133 OF Tfll✓ OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS. I, Jerry D. Wilkie, Jr., hereby certify that these field notes were prepared from an on the ground,survey made under my direction and supervision on January 20, 2004. Jerry D. Wilkie, Jr. Registered Professional Land Surveyor No. 4724 Job Number 14168 7 m 9 td -.' •i^'SMS. ..� ... .. �. }; � � r: .-1 5 TM WOL r• 3t l Y I r LAY (* SINE1f IAYIII • i✓ S LI r rAYI tYta 'M' e R SIL NLII ' sD,-„ ,IVENADO DEVELOPMENT y r� R •�"� ; `� -^ '"� "RETAIL/OFFICE(C-3) +/ 20 ACRES s IN c I r r A "MULTI-FAMILY(MF-2) +/ 8 ACRES s/w c I r r A Y l I (s I'I) �� "MEDIUM DENSITY SINGLE-FAMILY +/ 39 ACRES •>„ R s I D LN r1Al w �� (s r•f 1 RESIDENTIAL(SF-2) "HIGH DENSITY SINGLE-FAMILY +/-110ACRES RESIDENTIAL(SF-3) ` "SIDE SETBACK 7.5' ; •�t f1Nf t I rAYItI f L S I D I N r/A I w N �= ROSSINE EXHIBIT C: Updated Official Zoning Map - City Of Cibolo,Texas Symbology (- A-1 ua - l` i �aaarroran� _ L . I �'• FF C�+h 3wY•s�rygeuawrca.:�Fl 44■ _ II {j , Pw4FM,PFl hvaton _ . �g �° rl }c • yc��M j _ ���■ �$� 201lZweM�4:»ndmat; r✓� iEi c.. 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