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ORD 1096 04/22/2014 of C/ 0 r= IR , * nnnnn . 7� X AS "City of Choice" ORDINANCE 10 9 6 AN ORDINANCE TO REZONE APPROXIMATELY 6.059 ACRES OUT OF APPROXIMATELY 12.559 ACRES LOCATED ON THE SOUTHEAST CORNER OF TOWN CREEK ROAD AND MAIN STREET FROM THE SINGLE-FAMILY RESIDENTIAL (SF-2)/NEIGHBORHOOD COMMERCIAL (C-1) ZONING DISTRICT TO THE OLD TOWN/TOWN CENTER (C-2) ZONING DISTRICT; PROVIDING REPEALER AND SEVERABILITY CLAUSES AND 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 12.559 acres of real property located on the southeast corner of Town Creek Road and Main Street-which was originally zoned in part as Single-Family Residential (SF-2) and in part as Neighborhood Commercial (C-1) -to Retail/Office (C-3) entirely; and WHEREAS, two public hearings were held to discuss the assignment of permanent zoning to the real property described herein; with the first public hearing being conducted by the Planning & Zoning Commission on Wednesday, April 9, 2014 at 6:30 p.m. in the Cibolo City Hall; and, the second public hearing being conducted by City Council on Tuesday, April 22, 2014 at 7:00 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 approximately 12.559 acres from SF-2/C-1 to C-3 and a 300 foot strip along Town Creek Road to C-3 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 assigned permanent zoning, 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 City Council has determined and found that the proposed rezoning application if approved in its original form would not be in in accordance with the Comprehensive Plan or with the provisions of the City's zoning regulations and through discussions with the applicant determined and agreed with the applicant that a better solution would be to approve a rezoning of the property from SF-2 and Neighborhood Commercial to C-2 and C-1 as appropriate to accommodate the intentions and master development plan of the applicant with respect to the property; and WHEREAS, the Planning and Zoning Commission recommended and the City Council, therefore determined that rezoning approximately 12.559 acres of real property located on the southeast corner of Town Creek Road and Main Street, of which approximately 6.059 acres would be rezoned from Single-Family Residential (SF-2)/Neighborhood Commercial (C-1) zoning district to Old town/Town Center (C-2), 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 approximately 6.059 acres out of the entire tract of 12.559 acres of real property located on the southeast corner of Town Creek Road and Main Street shall be rezoned from the Single-Family Residential (SF-2)/Neighborhood Commercial (C-1) zoning district to the Old Town/Town Center(C-2) a depiction of which is more specifically provided 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 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. THIS ordinance will take effect its passage, approval and publication as provided by law. PASSED,APPROVED,AND ADOPTED THIS 22nd DAY OF April, 2014. Lisa M. Jackson Mayor, City of Cibolo ATTEST: Peggy Cimics City Secretary, City of Cibolo Exhibit A: Rezoning Exhibit(Legal Description & Proposed Boundaries) Guadalupe CAD - Map of Property ID•121284 for Year 2014 126611126609126610 135182 '122178 31704 �';,�.,. 126621 % 126599 122146,•,.�.: 1. 9t 1126608, 126622.. 126598 126597 122145''x'12215 126625: hj- / 12fr607 \ �" 126623 )• '122144 122153 h�kS:oJ:"126581 r�t 126606 g�.G�. 126594 00� 122152 '1221435119 126582112650,626605-. \y ••126 3 '122142'•11972 Y 135543 h� 126584 265b2 5118b84 126585 '126589126591 `119683:.'' 126580126586 126590 2 1 1355 \� / fi ` 126595;`= 179682, 135546 . •126587126588/x;; 1292$4119681 5547./ 119680 ,.� \1196 548 X11 148-18 549 0 13555 /! 12128$ ' 63747 1 135552 m 135553 63748 3 X135554 ' C-2 135555' 135556 f 1 5557f 63813 58j 115848 66976 63744 66979 t 63 719 Streets 138479 '•�, 115847 63818 69 Feet 147656 63810. ■Selected Property Property Details Account Property ID: 121284 Geo ID: 1G0929-0001-00100-0-00 Type: Real Legal Description: EVERYDAY CHRISTIAN FELLOWSHIP SUBD, BLOCK 1, LOT 1,ACRES 12.5690 Location Situs Address: 824 N MAIN ST TX Neighborhood: CLA21 Mapsco: Jurisdictions: GCO, LTR, CCI, SCS, CAD Owner Owner Name:,EVERYDAY CHRISTIAN FELLOWSHIP Mailing Address: ,824 MAIN ST,SCHERTZ,TX 78154 Property Appraised Value: N/A powercdby: https://propaccess.trueautomation.com/Map/View/Map/2/121284/2014 Property_AC_CESS Map Disclaims,This product Is for Informational purposes only and may not have been prepared for or be suitable for legal,engineering,or surveying purposes.It does not represent an on-Me-ground survey and represents only the approximate relative location of property boundaries.The Guadalupe County Appraisal District expressly disclaims any and all liability In mnnectlan herewith. EXHIBIT B: Updated Official Zoning Map -City Of Cibolo, Texas "1r '4F T•w }I•I II..' I #' � { } r d ! Lamend_ S;k., l ' W + I �r '''W+:'.•° ? f`�. •„ei„- r fi 1,•,1y ,I .!S t ��. �� I ,t �:I•Z. ,j11. h v:�r'L^"8'�'•'i' f '1 1 "�bb k4J1 I� _ I�—�-• v � 1�. c v I• .* ar ' •• � y>: - ' '�. �I ^ - 1.�.r-...ivz I ... r ' s } I rj•1-r-�” flE �: ,, . �, . � "�pr•. _ � - ..; �• max.- , � I,'�.�,:�rr: ''• ,�I t fi,_. Public F.cililtu .r'> � I!I I• _. f' r l "' '�.I ��,." �,, 1..} l:�i'�d Y`..?I�uw,� c♦..� rl -I 4 ot W.Q® r of 1� lk- "' �;•, y ;.•moi �� F _ � _,�:;1' .[.i I_•YI' L.:�,_ +.y, FM 110378 n •• r—r rold Town4 Town Center FF 1`t_ ,. }�h• I + 3 I - III:-, Fra T. i1 } ,I. a L!I� Fh178F »F _PM�B ..'r t -ry'• I. f(�j_ pati �1'- �,` '-,TT---�� _"-''__awl:• I ��_:�__ __ al �i � 11 �� si j 144r sDj _I 11 - j .•t. A .a _�.l l `�,r b '�Fa� .. •--_'__' .- � i _..Li{'+.�.I�:�i� I)@,'.r�•`r' �X�••' -_ � 4r � .�'P, , I ,._, � � `vet:'>,'r:'':��:I•�� .3" r .: >: fir.` -_J�I --I�•?�' }i '\', 'i °� � �E1g�o 9EDo OFFICIAL ZONING MAP z7nWµ .,. F.t CRYOF CIBOLO 6mDhic Sub t,50D'