The URL can be used to link to this page

ORD 1097 04/22/2014 OF Ci s r_0 -""y NI//gI//1J11NNI11N1, T£,x PS "City of Choice" ORDINANCE 1097 AN ORDINANCE TO REZONE A 300 FOOT DEEP STRIP ALONG TOWN CREEK ROAD (APPROXIMATELY 6.5 ACRES) OUT OF APPROXIMATELY 12.559 ACRES LOCATED ON THE SOUTHEAST CORNER OF BORGFELD ROAD AND MAIN STREET FROM THE SINGLE-FAMILY RESIDENTIAL (SF-2)/NEIGHBORHOOD COMMERCIAL (C-1) ZONING DISTRICT TO THE NEIGHBORHOOD COMMERCIAL (C-1) 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 Borgfeld 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; 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 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 therefore recommended and the City Council has 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 a 300 foot deep strip along Town Creek Road (approximately 6.5 acres) would be rezoned from the Single- Family Residential (SF-2) zoning district to the Neighborhood Commercial (C-1) 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 a 300 foot deep strip along Town Creek Road (approximately 6.5 acres) shall be rezoned from the Single-Family Residential (SF-2) zoning district to the Neighborhood Commercial (C-1), 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. Jac 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 126599 122146:;;v,.. : "1 3.1704 �' ;;\� 126608 126621 126597 126625- ��`� `� 126622. 126598 122445;:,'112215 hi / 126607` 122144:122153 P`C ;o4r 126623. �;r 126596 e h 26581 A 126606 ` Gt-: f� Q 122152 422143 149 oo• ' `(126605 \jer' .r—„26594 3Q 126582426583,. �t�;• '126593 122442,11972 135543` dp hJ 126584 ” r? 26582 149684':: `*'�r�126585 126589128591 1196831 126580126586 126590 `419682 135545 X126595 `:: ii \ 12b588�; 119681 135546 426587 ,121284 V 5 547419680 548 ` \1196 C.-,� X11 549 148618 \4 5550 135551 121284E " 63747 1 135552 ;ra• 135553135554 tt C�2 63748 135555;,' , 135556 1 5557f 63813 t 115848 66976 63744 66979 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 von�h- https://propaccess.trueautomation.com/Map/View/Map/2/121284/2014 PropertyACCE55 Hap DiW imer:This product Is for Informational purposes only and may not have been prepared for or be suitable for legal,engineedng,or surveying purposes.it does not represent an on-the-gmund survey and represents only,the approximate relative lotatloo of property boundaries.The Guadalupe County Appraisal Distdot expressly disclaims any and all lability in conneetloo hem,lth. EXHIBIT B: Updated Official Zoning Map - City Of Cibolo,Texas I.. ` ( }}.arra ■■ ''' I 'u' �•5, :aC,R,z: �'� i � ' r "`"�' r' Legend , jt!.. �',ti ' �1 � �� .,a�;.,,�,_'a �!��1E ;� 1 �� i•1 J ,f� � i�• �w,nwo.�a. '" I 1 ��{-w7, -- -•� fu'.i'a_` _'1i ��' � �� • . • �,�=: '.?, � � �� , �R' . ,f•. �� Al ••u � 1 � 7no1 1 t {1 vl � P�.SzE.I r L# � 1•ja„t �.•,� _I d i _i Inc. �' �•1_ �{ m j'o I�a� '!' kY T��a �-�p 1 13J-.0!' •_ � vl �t 1 { a �� • fr'^7�^''''.a�.°If .••.� � � �� d'��' ,I i�•le�, I.NPE -'. ,i Flti{ .'Y:yyra� •'�`�i�� VI � 1 "ryJ vl•al{ i �I;T vl �F�'? ..-. I�r� "rSzF "�4rb� cl ' �`� 1 � �' - ♦ � _..f I4��E.—...�.�1 sl -.t. .,i F:1' I� dl ivl�lY � _ �, KI '•�-lIT' I l" .S , 1 Y sa .,`3}11 - i � �- 1 I� '/' •- PubSc Fac INios j,� I I - � _L�rl � �.• .L�sYa _ � �f 14 S ,� ,1 1 1 ►•• �+ _. —_®('.•_--' � .1 ..r � � ` � 1 � � 1. I ..I ell •� 'niK ' +JpT, �: 'd � _ •Y-_; I; 1 'n FM 7103 m 78 t Old Town 4 Town Center;-=-'fit' ; t ' •� .1-"Yi" e I! Fle 7a _��a `I � ,' �� ,i 1 f:TJ� —r<I •`+ f' -14 1-8 diem .16 FVN� OFFICIAL ZONING MAP_'1�=1:r='-1_' �F.1 CRY OFCISOLO 6mpN0 Sub 1.500'