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ORD 1105 07/22/2014 V 'Q e e ORDINANCE 1 10 9 AN ORDINANCE TO REZONE CERTAIN REAL PROPERTY LOCATED IMMEDIATELY 'NORTH OF THE DEVELOPMENT KNOWN AS TURNING STONE AND WEST OF FM 1103; COMPRISED OF 98.406 ACRES, OF WHICH 6.086 ACRES ALONG FM 1103 WOULD BE REZONED FROM RURAL SINGLE-:FAMILY RESIDENTIAL (SF-1) TO RETAIL/OFFICE (C-3); AND PROVIDING AN EFFECTIVE DATE. 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; and WHEREAS, Section 9.02 of the City Charter of the City of. Cibolo provides that the -City Council with the authority by ordinance to fix City zoning district boundaries, 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 6.086 acres of real property located immediately north of the development known as Turning Stone and west of FM 1103, to be rezoned from Rural Single-Family Residential (SF-1) to Retail/Office (C-3), as depicted in Exhibit A; and WHEREAS, Texas Local Government Code Section 211.004 provides that zoning regulations and districtboundaries must be adopted in accordance with--a Comprehensive Plan and promote the public health, safety and general welfare of the City; and WHEREAS, two public hearings were held to discuss the rezoning of certain tracts of real property described herein; with the first public hearing being conducted by the Planning & Zoning Commission on Wednesday, March 12, 2014 at 6:30 p.m. in the Cibolo City Hall; and, the second public hearing being conducted by City Council on Tuesday, March 25, 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 6.086 acres from SF-1 to C-3, as described herein and depicted on Exhibit A; and WHEREAS, written notice 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, legal notice notifying the public of both public hearings and property proposed to be rezoned, was published in the Seguin Gazette, a newspaper of general circulation in the City of Cibolo, on February 23, 2014. and February 25, 2014, with said publication provided more than fifteen(15) days prior to the public hearing of the City Council as cited above; and WHEREAS, the City Council has determined and found that the proposed rezoning application is in accordance with the comprehensive plan and would promote public health, safety and general welfare of the City; and NOW,THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION I. THAT an approximate 6.086 acres of real property located immediately north of the development known as Turning Stone and west of FM 1103, to be rezoned from Rural Single- Family Residential (SF-1)to Retail/Office(C-3), being more specifically defined on Exhibit"A" SECTION II. THAT the Zoning Map of the City of Cibolo ishereby amended to reflect the new zoning designations created by this Ordinance, attached hereto as 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 July, 2014. Lisa M. Jackso Mayor; City of Cibolo i ATTEST: Peggy Cimics City Secretary, City of Cibolo TURNING STONE, UNIT-WI LOT INFORMATION VOL. 7, PG. 776-777, P.R. u .�.lo&«. _ ]I.Yu,i -- - pn 4 loot wl y fD T mx ro rtwcA ceow,n,aloe lol];pUl l em ISmd4 aa0.0,n leioe' —Ti 111m Lox]],&n 1 v0.]WN rM 1YniYA wY0.4 n oTYe TRACT INFORMATION k wpn, .+qn n„ NwA oeao,n 1mwa•n cT l w..w va x o pin.rY-alas.. (D ox � ww a aeu wu�oww�er a wjvns n+reu] TURNING STONE, UNIT-W2 LOT INFORMATION' pa Yu aw.a TY roles VOL. 8, PG. 91, P.R. _-_ - -_ _ —L! 'a - ox a mo.aNx A.mYa n>ersl .w..alY>.ro.al.oF. ]oa D�:se r�os a w�m.oY.Ynras n,er]] N ® val�raMu.a° b a.w ee -1 .1. wsm > z 911.oa 6,01sAx.nrmn n->ex1] Worr en, G..mm oz Ps xx,on wo ow.nYwunv u�.roux �� ®, or a mH, e sl9w�a z w w o. nxao.,rnaa,n,nes mow. non awµlowo,+.re]ee t7 ra let w m a 0� i tot.;6Ut l Cmumle xkmn or i,n,lY .oY.e0.Y]].pH ]l+.H laa>law L naa.9.x ANtR°p.n,em] xewmw© 200'NOTIFICATION RADIUS •Y° r e- 530'Ia'S3'E .n w �xw..�.Y��o-, w�w.c®�.�; ..,•.w A..ux vw YY.Y a umrw°♦ a°mM 30.00' pse+,TiMHa s y 6 N59Y5'02•E ]26].66'Tom° a p�p r N59Y507'E 265a.A6 LZ 3 Rl 0 1 o mp"� n �s z H 69, F ees m REs DwnAL TRACT 1 _ 442.32 a Iz E%STING'ZONm:GE55F-1 Mo. I u"i J S O 60 � F O® PROPOSED WING.$P-3 1 . '6?" I U - W.8 o � R Ivan IFlo. L4 Q I N Z 1 1 �ig I g 165e9'JT59'W I®a+icvr 9101.45' / 959'39'37'W 1015.39', ovnwx rxar e c°a'+wc km.r,o�r.°. " 1 _I 1- ' §y_- t k i F 200'NOTIFICATION RADIUS ,w.ww smw 34 1°rro±r-�,'a'w"p��=." s i ZONING EXHIBIT OF ppb g perlharn-penes 6gFleertrlA CODIMERCIAL TRACT(6.086 AC.) H� ! d m GRAPHIC SCALE an esoc p c. OUT OF TUE JAMES R.RICHARDSON SURVEY No. 102, Ysw I ABSTRACT No. 277. OF E 144.UPF. COUNTY, TEXAS. 5 1 ee, N AND BEING: OUT OF F G IQJ.0 ALO TY TEXAS. +1�u 1aa>t H r>m Pw,u.m r .9°9.zoo (xlo7 ays-also otrc. TRACT RECORDED IN VOLUME 9E8, PG. 69 OF TWE •• sm M,vua T.n i (Lp).os-al]]Y,. DEED RECORDS OF GUADALUPE COUNTY,TEXAS. wx«m I F nr,n wp,+r,llo+n r.T9PL r-81.1.TBLi 1p0U,.Po P (Legal Description & Proposed Zoning Boundaries) • Denham-Ramones Engineering and Associates, Inc. FIELD NOTES FOR JANET FOERG,ET AL TRACT Zoning Tract-Commercial Being a 6.086 acre parcel of land in the James R. Richardson Survey No. 102, Abstract No. 277, of Guadalupe County, Texas, and being out of the called 144.89 acre remainder tract recorded in Volume 988,Page 59 of the.Deed Records (D.R.)of Guadalupe County, Texas-, said 6.086 acres being more particularly described by metes and bounds as follows: BEGINNING at point for the east corner of the above described remainder tract, and the east corner of this description, lying.on the southwest right-of-way line of FM 1103 (80' ROW),a found Type III TxDOT monument bears S 29°59'28"E- 1762.23 feet; THENCE S 59039'57" W,pass at 0.73 feet a found 1/2"rebar with CEC cap held for line only, continue on for a total distance of 345.42 feet toa set 1/2" rebar with Denham Ramones Engineering(D-R E.); THENCE.N 29059'28" W, crossing the above described 144.89 acre tract, for a distance of 767.79 feet to a set 112" rebar with a D-R E. cap-on the southeast line of the 30' Road Tract described as a Save&Except tract in Volume 988,Page 59; THENCE N 59045'07" E, for a. distance of 345.42 feet to a set 1/2" rebar with D-R E. plastic cap on the southwest right-of-way line of FM 1103 for.the north corner of this description; a second found Type III TxDOT monument bears N 29°59'28" W-.1993.87 feet; THENCE S=29°59'28" E,with the southwest right-of way line of FM 1103; for a distance of 767.27 feet to the POINT OF BEGINNING, and containing 6.086 acres of land, more or less. • Bearings source is the southwest.ROW line of FM 1103, between the .two Type III TxDOT monuments described above,.and shown as N29'59'28" W as derived from GPS observation based on NAD 83 (HARN), Texas State Plane Coordinate System-South central Zone. H:\Land Projects 3Tocrg Tract\survey\Zoning\M&B-Zone-Com-Bndy_doc Page I of 2 - 1380 Pantheon Way,Suite 290 Ph: (210)495-3100 San Antonio,Texas 78232 Fax:(210)495-3122 I hereby certify that this description conforms to the minimum standards set forth by the Texas Board of Professional Land Surveying according to an actual survey made on the ground by employees of"Denham:Ramones Engineering and Associates,Inc." Date: :, -2 Gary B.Neill R.U.S.#3964 Firm No. 10273.00 Warning:-Only those copies with the Signature and Seal in red should be relied upon. Foerg Tract Boundary Project Number: 130033.307 EXHIBIT B: UPDATED OFFICIAL ZONING MAP F s a im �` ., ....... �,� +r ...j 1. n �d • _ MYc4tir - , , r� a -Ole r II ;;. T.—c.­ ...E,s s y FM 78" U , ns �4 • m � 1 ^* ` 5� '' jr Noma f, OF - E3 OFFICIAL ZONING MAP _�� c"v tomo