ORD 1108 08/12/2014 �.� °IF crs
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ORDINANCE 1108
AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF
CERTAIN PROPERTIES LOCATED EAST OF FM 1103 ON GREEN
VALLEY ROAD AND IMMEDIATELY NORTH OF THE
DEVELOPMENT KNOWN AS MUSTANG VALLEY ESTATES;
COMPRISED OF 3.2417 ACRES KNOWN AS NORTEX SUBDIVISION
FROM SINGLE-FAMILY RESIDENTIAL (SF-1) TO PLANNED UNIT
DEVELOPMENT (PUD) DISTRICT TO ALLOW A MIXED USE
DEVELOPMENT COMPRISED OF USES PERMITTED IN THE C-1, SF-
2 AND SF-3 ZONING DISTRICTS, PER THE DEVELOPMENT
STANDARDS OF EACH OF THOSE DISTRICTS; APPROVING A
PLANNED UNIT DEVELOPMENT MIXED USE CONCEPT PLAN; 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 certain sections of,real
property to match the proposed boundaries of proposed residential and commercial uses depicted
on the Nortex Subdivision Planned Unit Development; and
WHEREAS, Texas Local Government Code Section 211.004 provides that zoning regulations
and district boundaries must be adopted in accordance with a Comprehensive Plan and promote
public health, safety and general welfare; 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 each of the properties proposed 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, two public hearings were held to discuss the rezoning of certain tracts of real
property; with the first public hearing being conducted by the Planning & Zoning Commission
on May 14, 2014 in the Cibolo City Hall; and, the second public hearing being conducted by
City Council on May 27, 2014 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
the 3.2417 acres described as Exhibit"A", as attached hereto; 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 April 27., 2014 and April 29, 2014, with said publications provided more than
fifteen(15) days prior to the public hearing of the City Council ascited above; and
WHEREAS, the City Council has determined and found that the proposed rezoning application
is accordance with the recommendations of the Comprehensive -Plan and would promote public
health, safety and general welfare.
NOW,THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS:
SECTION I.
THAT an approximate 3.2417 acres of real property referenced as Nortex Subdivision
Planned Unit Development, as is more particularly described in Exhibit "A" is hereby rezoned
from the Single-Family Residential (SF-1) district to the Planned Unit Development (PUD)
district to allow_a mixed-use development comprised of uses permitted in the C-1., SF-2 and SF-3
zoning districts.
SECTION II
THAT the zoning map of the City of Cibolo is hereby amended to reflect the new zoning.
designations as 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 12th DAY OF August, 2014.
Lisa M. Jackson
Mayor, City of Cibolo
ATTEST:
Peggy Cimics
City Secretary, City of Cibolo
EXHIBIT A: Legal Description
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FOR
A 3.2417 ACRE TRACT
A 3.2417 acre tract of land,ont of the P.San Miguel Survey No.256,Abstract 227 and being=out of:a
.149.5.acre tract 6f,land,known as Tract.I-7;as.conveyed to.NAN NbkTex,LTD,of recordin Document
Number 201106000950'of the Official Public RecordS:bf-Corral'Couitty,Texas,a 100 acre tract of-land,.
known as Tract 11,as conveyed to WAN NotTex;LTD.of record in Document-Number 201106000950 of
the Official-Public Records of=Corral County,a 20.00 acre.tract.oF)and,conveyed.fo'No6Tez HQFano,
LTD.,of recbrd`in Volume 2949`Page 993 of the Official Public.Records of�.Gdadalape County,Texas
and.a 59.018'acre tract of land,conveyed to'Nor-Tex HQ Farm,-•LTD of record in Volume'2949;,Page 982
61f,the Official•Public Records of'Orbadalupe County; Texas and being more parlidilarly'described by
metes and-bounds as follows:.
COMMENCING at a'set V2"iron rod with a blue plastic cap staiiiped"KFW-Surveying';:inahesoutl►east
light=of-ivay,line_of Inierst4ie Highway 35,a Variable width right=of way;in the northeast,line of Lot 27,
Block 17; a yaiiable width.Sanitary.Sewer Easement of The Fairways at Scenic-Hills, Unit 3B, a
subdivision plaurbf-record-iii Volume 7 Page 203.of t}ie:Map and-Plat-Records of Corral.County;Texas;
forahe:northwest corner of the retiiaining portion of a 10.608 acre.'tract;•bf land,knoFvn as Tract I=S;as
conveyed to NAN NorTex,LTD.of record in Document Number-161 106000950 bf,the-Official-Public
Records of Comal County,Texas, from which a'found Texas Department of Transportation Moiu ni6fit
Type 2.bears,N 29°-34'33"W,,a distance of 4.79 feet;
THENCE:S 29°=34'33"E.,along and with the northeast line of Lot,27,Block 17.of The Fairways at
Sccnic Hills,.Unit 3B,it_0.5696 iof,an acre tract of land,conveyed to Louis P.Maria A..and Linda L.
Martinez,,of-•record-in,Document No.,9906033723 of ithe Official Public Records.of Cotifal County,
Texas, a 0.4.469 of.an acre-tract of land, conveyed to Randall Rand Eileen T. Moore,.of record in
Document No.9806008458 of the.Official Public.Records of ComaKounty,Texas�;a 0:3227 of an-acre
tract of land,conveyed to Charlie N.and Gayle A.Maltby,of record in-Volume 86t Page 8 of the Official
Public Recordsof.Cottial,Cottnty;Texas.and a.northcast line of T1terFainvays.at Scenic Hills,'Unit3B
and the southwest line of* 130.3 acre tract of land,known as Tract I-8,as-conveyed to-NAN NorTex,
LTD,of record in Document Number 201106000950 of the Official Public Records.of;Comal County,
Texas and the,remaining portion of:the 10.608.acre tract of land,at a:distance of 474.84.'feef passing a
found 1/2"iron-rod with a plastic cap stamped"CEC"i for the-northea.si.cornec of The.Fainvays-at,Scenic
.Hills,Unit 3B,.the southeast.corner of the 0.3227 of an acre tract.of!midi continuing for:wtotal distance of
1803:74-feet to.a found 02"46n rod:for the southwest corner of Lot 23 00d;lie,northeast cornenof.Lot 26
and'for,an angle point,in the southeast-fine of The Fairways of Scenic.flills,Unit 3BJ&an angle point'hi
the southwest line of the 130.3-acre tract of land;
THENCE:S 296 38'53".E,.along-and:with'-[lie northeasr.line of The Fairivays at Scenic Hills,Unit 313,
The Ridge at'Scenic Hills,Unit l,Ia.subdivision plat of record'in Volutne 6 Page 763-of the3vfap and Plat
Records of Guadaltipe County,Texas,and the northeast line.ofFaiihaveii,Unit 2;a subdivision plat_of-
record in Volume'7 Page 224 of the Map'and Plait Records of Guatdalupe.County; Texas and'the
"sotithwest line-of the 130.3 acre tract,of land and a 148.57 acre'tract of land;known as Tract I-6, as
conveyed to NAN Noffex,'LTD.:of'record in,Document'Number_ 201106000950 of.tale:Official Public
Records-of Gomi l County,Texas,a distance of 1310.96 feet to:a fonnd'U2"iron rod Vith. plastic cap
stamped"C-B SA Prop"in the.west line of the 149.57 acre tract of land,for the northerly�co�ner of the
relhtkiniiig porti6n'of h 118.86 fiche tract.of landi-known as Tract I=1;as conveyed to NAN Nor1'ex,LTD.
of record in Document Number 201106000950 of the-,Official'Publie Records of Comal_County,Texas
aiid a easterly angle point of:tbe Fairhaven,Unit.2;
14603 kuebner Rd. Bldg 46; San Antonio, Texas:78230 0 Phone: (210) 979-8444 0 Fax: (210)_9798441.0 www.kfwdnyineers.com
THENCE: S 12'20' 23" E, along.and with the northeast lines of.Fairhaven, Unit 2, the Replat of
Fairhaven,Unit 2, a"subdivision plat of record in Volume 7.Page 447 of,-the Map and Plat Records of
Guadalupe,,Coitnty;Texas,The Links at Scenic.Hills,Unit 1,a.:subdivission plat of'record'in Volume 7
Page 389 of the.,Map and Plat Records ofOuadalupe County,Texas;,the remaining.portion of a 168.089
acr`e'tedet of land,,coiiveyed-to htvestmelit.Sceiuc Hills;'tTD,.of record:in Volume 1634 Page-179 of the
Official Public Records of Guadalupe-County,Texas':iud The Links,at'Scegic Hills;,Unit 3;a subdivision
plat of record°in Volume 7,Pa 646 the Map and:Plat Records of'Gnadalupe County;.Texas,the west
line. the remaining portion of the 118.86 acre traci'of land and-the .149:5,acre;tract of land and the
northwest liiie,of,the remaining portion of a 76:356 acre.teact of land,;known'
as'Tmct 1-4.as conveyed to
NAN NotTex; LTD. of record in 1)ocurnent Nuhiber 201106000950 of'the'Official Public Records.of,
Con»al Countyi,at a dislance of.968.68 Feet passing a found r/2"iron rod with a plastic cap:stamped';C-B
SA-Prop",for the-northeast coi•ner'of Lot 57,Block 26 of the:Replat of Fairhaveir;:Unif 2,the southeast
corner of Lot 36,of the:Fairhaven,Unii 2 and coittinning fora total distance of 2501.48 feet to,a set-1%2"
iron rod with,a blue.Plastic cap.stamped "KFW Surveying"for the northwest corner of the remaining,
portion of the 76.356.acre tract of land,an interior corner of The Linksat Scenic Hilig,-Unita;
THE S 30' 56' 16"E, along and with a northeast line of The.'Links at Scenic Hills,Unit 3,the
northeast line of an 18T751-acre tract of land,,conveyed to Lee Novikoff,of record.iiiYolume 1693,Tage
-120 of the Official,Public..Records of Guadalupe County,Texas and,the,.southwest line of the:remaining
portion of the-.76,356 acre'tract of land,'at it-distance of 285.45 feet,p8sing a found 4/2"icon=rod with a
plastic cap stamped `Jacobs Prop", for the noitheast corner of;the 18.751 acre tract of land and_the
southeast.corner of The Links At Scenic Hills,.Unit-3;-continuing a for total distance of 501.70.feet to a
found�i/2"iron rod With a-plasticeap stamped"CEC',forthe southwest corner of the remaining portion'of
the 76:356 acre tract of land,art interior corner of the 18.751 acre tract of land;
THENCE:N;80 16'13"E,along and.With a north ire,of the 18.751 acre tract of land'and the southeast
line_of the remaining portion of the 76;356-acreliact of Brod;-a dista»ce of 12.95 feet,to• a found:V2",iron
rad with a plasticxap stamped"CEC",fors
theouthenst corner of Ave remaining portion.of the 76:356
acretract of land,theznorthmst.d6kner of f the 100-acre tract of land,an easterly cornu of'the I8.751 acre
tractof land;
THENCE:S 30'.20' 29"E,along and with the northeast line of the"18.751 acre tract of land rind the
southwest Gine of;the 100 acretract of-land, a distance of 320.81'.feet to a found MY' iron.iod; for a
southerly southeast,corner of the 18.751-acre tract of land,for the notihwest corner,of the.20.00 acre tract
of land;
THENCE:'S 59°`15' 15"'W,along and-with the ostensible,location of te city limits line of the City of
-Schertz and City-of C'ibolo ETJ line being-thesoutheast line of the 18.751,acre tract of land,.the"southwest
line of-,the;,*69 0.1928 acre'-tractof hand conveyed to-Ronin Holtz,of record in Volume 614 Page 696 of
the OfPub]io,Records of'Gundalupe County,Texas and the northwest,line of the 20.00 acre tract of
laird,a distance,of-459,15-feet to a set'1/2"iron.rod'With a-blue'plastic cap.stamped"'KFW Surveying
for anangle point;
THENCE:S.59°18'30"W,along',and with thesouthwcst line:of the west 0.1928 of an acre tractof land,
conveyed to Roma Holtz and the-northW6st.line of-the-20.00.acre tracf of land,a.distance-.of-78 :52 feet to
a set 1/2:'iron rod With a blue plastic cap stamped"KFW Surveying', for the;norMvtst corner of.the
20.00-acre tract:Afid the northeast corner of a 95.861 acre tract oUland,conveyed to Archie IL Heimer of
record in Volume 743 Page I t73'of the Official Public Records'of Guadalupe Countyi Texas;
THENCE:S.30"4-1' 17" E;..along and with-, northeast line of the 95.861 acre tract of-land and-the
southwest line of the 20.00 acre tract of land,a distance of 135033 feet,to a set IIT iron rod with a blue.
plastic'cap sta'inped "KPW Surveying'',for the POINT Oh.III;GIIVNING and northwest comer of the
tract described;
THENCE:Alorig�ond--with'tlte'ostensible')ocation of life city)imits'line of the City ofCibolo ETJ line;
into and'across the'20.004tcre tract,the following calls and`distance:
14603 Huebner Rd, Bldg 40,.San-Antonio,.Texas.78230 0 Phone: (2f0) 979-8444 � Fax: (210) 979-8441 -*.www.ktvrengineers:coM
1. M.590 38'23"E,a4stance of 532.83.feet.to a.set 1l2"-iron rod with a blue plastic cap,stamped
"KFW Surveyihg?"in'the southwest fine of the 100 acre tract,for ffie'northeastcbrner of the tract
-;of land described herein;-
2. 9 30?27! IT' 124, a distance of 264.47 feet to a iron rod; northeast corner of the,
.remaining poitiorh of.the 10.000 acre tract of land,the sofild,ienst comer of the 100 acre tract of
land and Wi
lat
- . b itheast corner of the tra.ct,of land described herein;
THENCE:S 590 ZT 41"Wj along and with the northwest line of.the reffiaining,portion.or the tomp
We tract of land,dhorthw6tt.liue of a 95.861 acre,tract of land andthe southeast line of the 20.00 acre
tract of1and,a distance of 531.74 feet to a found 1-/2?'iron-rbd id'conere-Ad for-an interior:corner-of the
95.861 1 acre tract of land,'the southwest corner of the 20.00 acre tract of land and,the tract of land
described hereirn;
THENCE, N 30'. _41'-'17"W,along and with,a northeast line of the 05.8-61 acre tract of,land and the.
^
southwest line.of the 20.00 acre tract of]And,a distance of 266.1 Lfeet to thePOINT
POINT OI'110'IN.NING
and containing 12417 acres,more or less SitUatedin the City.of Cibolo"QuadIA.too County,Texas a .d
being described in,Accordance with a survey.prepared by KFW Surveying.
",This-dociiiii6fitwas prepared undcr22TAC663.2l,,does not reflect theresulti:of anon the ground survey,:
and
not-0 lie-used to convey or establish interests in real propeity except those lights and interests implied or established,
by the creation or reconfiguration of the boundary of t4p.political-sub-divisioh for-which it was prepared;"
A)b No.:, -111-016
Prepared by: KMVSurveyiug
Dile: April 10,2014
tile: S:\Dra%v 2013\\13-016 Nortex%DW,SUN 1 3.24.17 AC-doe
14603 Huebner Rd. Bldg 40, San Antonio, Texas 78230 0 Phone: (210) 979-8444. 0 Fat (210) 979-8441 9 W*w.kkdnj164e-rs.com
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