ORD 1198 01/24/2017 OF C/L4
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ORDINANCE //9$
AN ORDINANCE TO REZONE CERTAIN REAL PROPERTY LOCATED AT
THE NORTHEAST CORNER OF FM 1103 AND FM 78, COMPRISED OF 4.85
ACRES FROM RETAIL/OFFICE (C-3) 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 4.85 acres located at the Northeast corner
of FM 1103 and FM 78, from the current zoning of Retail/Commercial (C-3)to General Commercial (C-
4); 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,
January 11, 2017 at 6:30 p.m. in the Cibolo City Hall; and,the second public hearing being conducted by
City Council on Tuesday,January 24,2017 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 4.85 acres from C-3 to C-4, 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 December 25, 2016 and December 27,2016,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 4.85 acres of real property located at the Northeast corner of FM 1103 and FM 78
from the current zoning of C-3 to 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.
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NOW,THEREFORE:BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS:
SECTION I.
THAT the 4.85 acres located at the Northeast corner of FM 1103 and FM 78 shall be rezoned from
Retail/Commercial(C-3)to General Commercial(C-4)a depiction of which is more specifically defined in
Exhibit"A".
SECTION II.
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 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 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 24th DAY OF JANUARY,2017.
Allen Dunn
Mayor,City of Cibolo
ATTEST:
Peggy Cimics
City Secretary, City of Cibolo
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Exhibit A: Rezoning Exhibit(Legal Description)
LEGAL DESCRIPTION: BEING A 4.854 ACRES MORE OR LESS, OUT OF THE A. S.LEWIS
SURVEY,ABSTRACT 216, GUADALUPE COUNTY, TEXAS AND BEING A PORTION OF THAT
CERTAIN 32.610 ACRE TRACT AS PER APPRAISAL RECORDS AND BEING THE REMAINDER
OF THE 75 ACRE TRACT OF LAND DESCRIBED IN A DEED TO OTTO MUELLER IN VOLUME
326,PAGE 573,DEED RECORDS, GUADALUPE COUNTY,TEXAS,AS AMENDED BY
AFFIDAVITS OF HEIRSHIP TO HERBERT A.MUELLER RECORDED AS DOCUMENT
NUMBERS 2016025557 AND 2016025558, OFFICIAL PUBLIC RECORDS, GUADALUPE
COUNTY,TEXAS,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT 1/2 INCH IRON ROD WITH ALUMINUM CAP MARKED "WPG INC" SET FOR
THE NORTHEAST CORNER OF THE INTERSECTION OF F.M. HIGHWAY 1103 AND THE
SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY,FOR THE SOUTHWEST CORNER OF THE
SAID MUELLER TRACT,FOR THE SOUTHWEST CORNER HEREOF,FROM WHICH A 1/2 INCH
IRON ROD CAPPED MARKED "RGI 2906"FOUND FOR THE NORTHWEST CORNER OF THE
SAID INTERSECTION OF FM HIGHWAY 1103 AND THE SOUTHERN PACIFIC RAILROAD
RIGHT-OF-WAY,FOR THE SOUTHEAST CORNER OF LOT 5,BLOCK 1, CIBOLO VILLAGE
SUBDIVISION,AN ADDITION OF THE CITY OF CIBOLO, GUADALUPE COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF OF RECORD IN VOLUME 6,PAGE 661,PLAT
RECORDS OF GUADALUPE COUNTY, TEXAS,BEARS SOUTH 84°15'26" WEST,A DISTANCE
OF 134.11 FEET;
THENCE NORTH 20046'27" EAST,ALONG THE EAST RIGHT-OF-WAY LINE OF SAID F.M.
HIGHWAY 1103, THE WEST LINE OF SAID MUELLER TRACT,A DISTANCE OF 353.15 FEET,
TO A 1/2 INCH IRON ROD WITH ALUMINUM CAP MARKED "WPG INC" SET FOR THE
NORTHWEST CORNER HEREOF;
THENCE NORTH 84015'26" EAST, CROSSING THE SAID MUELLER TRACT,A DISTANCE OF
590.15 FEET,TO A 1/2 INCH IRON ROD WITH ALUMINUM CAP MARKED "WPG INC" SET FOR
THE NORTHEAST CORNER HEREOF;
THENCE SOUTH 05046'34"EAST, CROSSING THE SAID MUELLER TRACT,A DISTANCE OF
316.00 FEET,TO A 1/2 INCH IRON ROD WITH ALUMINUM CAP MARKED "WPG INC" SET IN
THE NORTH RIGHT-OF-WAY LINE OF THE SAID SOUTHERN PACIFIC RAILROAD,FOR THE
SOUTHEAST CORNER HEREOF;
THENCE SOUTH 84015'26" WEST,ALONG THE NORTH RIGHT-OF-WAY LINE OF THE SAID
SOUTHERN PACIFIC RAILROAD,A DISTANCE OF 748.00 FEET TO THE POINT OF
BEGINNING AND CONTAINING 4.854 ACRES,MORE OR LESS.
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EXHIBIT A: Rezoning Exhibit (Graphic Illustration)
Exhibit 1
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Symbology
Other
Main Road
Major Road
C3Rezone Area
CMProperties in 200 R Buffer
Buffer-200 feet
Parcel Boundaries
0 0.025 0.05 Miles
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EXHIBIT B: Updated Official Zoning Map - City Of Cibolo, Texas
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