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ORD 1123 03/10/2015 0 {@ Cx O K 0 ORDINANCE 1123 AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS; AMENDING ORDINANCE #1046, COMMONLY REFERRED TO AS THE RED RIVER PLANNED UNIT DEVELOPMENT (PUD); APPROVING A PLANNED UNIT DEVELOPMENT MIXED USE CONCEPT PLAN; 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 amend Ordinance 1046, revising the zoning classifications of certain real properties located south of 78, west of South Main Street, north of Schaeffer Road and east of Cibolo Creek, referenced as the Red River Planned Unit .Development; and WHEREAS, two public hearings were held to discuss the rezoning to the real properties described herein; with the first public hearing being conducted by the Planning & Zoning Commission-on Wednesday,.February 11, 2015 at 6:30 p.m. in the Cibolo City Hall; and, the second public hearing being conducted by City Council on Tuesday, February 24, 2015 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 amendment of Ordinance 1046, as described herein and depicted on Exhibit B; 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 January 25, 2015 and January 27, 2015, 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 revising the zoning classifications of certain real properties-located south of 78, west of South Main Street, north of Schaeffer Road and east of Cibolo Creek, referenced as the Red River Planned Unit Development, as reflected in the attached Exhibit, `B" 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 COUNCIIL, OF THE CITY OF CIBOLO,TEXAS: SECTION I. THAT the 148.78 acre property referenced as Red River Planned Unit Development, as is more particularly described in.Exhibit "A" is hereby amended from the Planned Unit Development district, a depiction of which is more specifically defined by Ordinance 1046. SECTION II THAT, the amended Planned Unit Development established by this ordinance shall allow a mixed use development comprised of uses permitted in the C-3, MF-2 and SF-3 zoning districts in accordance with the Mixed Use Concept Plan attached hereto.as Exhibit `B" and by all other applicable requirements of the Cibolo Unified Development Code. SECTION III THAT all development standards of the:C-3, MF-2 and SF-3 zoning.district designations of the Cibolo Unified Development Code, as amended, shall govern the development of each section of this Planned Unit Development, per the zoning districts designated on-the Mixed Use Concept Plan attached hereto as Exhibit `B"; and, in event of a conflict between the Cibolo Unified Development Code and Exhibit`B", the exhibit shall prevail. SECTION IV THAT all references herein to the Cibolo Unified Development Code shall mean the Cibolo Unified Development Code as may be amended, .re-codified or otherwise revised and such amendment,recodification or other revision shall apply to this Planned Unit Development. SECTION V 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 VI THAT all other ordinances or parts of'ordinances in conflict herewith are hereby repealed to the extent that they are in conflict. SECTION VII THAT this ordinance is not severable. SECTION VIII THIS ordinance will take effect its passage, approval and publication as provided by law. PASSED,APPROVED,AND ADOPTED THIS /D DAY OF 1'�c�r-��i ,.2015. Lisa-M. Jackson Mayor City of Cibolo ATTEST: Peggy Cimics, TRMC City Secretary City of Cibolo EXHIBIT A: LEGAL DESURTIPTION A 148,78 ACRE TRACT -IS COMPRISED OF A 146,52 ACRE TRACT OF LAND CONVEYED TO HM CIBOLO 151, LP BY DEED RECORDED IN VOLUME 3135 PACES 980-986 AND A 126 ACRES TRACT OF LAND CONVEYED TO -HM CIBOLO 151, LP BY DEED RECORDED IN VOLUME 3075, PAGES 513-523 ALL RECORDED IN THE DEED RECORDS OF GUADALUPE COUNTY, TEXAS, LAND SITUATED IN THE CR OF CIGOLO, OU ADALUPE, COUNTY, TEXAS, OUT OF THE WILLIAM BRACKEN S - 1 7.*5 SURVEY NO, 65, ABSTRACT NO LANG USE SUMMARY ZONE USE NO. LOTS UNITS AREA C-3 RETAIL/COMMERCIAL -- 19.09.ACRES o uu ,.� MF-2 APARTMENTS 390 UNITS 16.31 ACRES °,o�•v`esMni!`+�.e SF SINGLE FAMILY 376'LOTS 90.68,ACRES 1OD a 1TE - GREEN;SPACE/OPEN SPACE - 1'8.92'ACRES PUBLIC STREET 1.64 ACRES n.+•y ..,yn emn ow. m,7nl w.a u,g ee:.4 KEY NOTES - R.O.W DEDICATION - 2:12 ACRES c. nae..• ,Maa4M'sr+T'c•• wax' IM.ne•,n narmrar "N y x ACCESSIPOINT9 '0 TOTAL AREA 148.78 ACRES \ IV '� •\ ,.,Y` j\\`��,%. `�/ �"� \J-/!, `'�; '1\ \ /, �': :Y. •�1, `/' +- , (PUBLIC 9TREET/DRNEWAY) 41 3 £ f :\ �'�. /��." :t/ �. �Y/ \-v'jti;' \ \ 'r �/ ,/ >" .•:/`'` KEY NOTES g '� \��'-' \•\ \ \ �' ./ W✓/I� �'4� `•^w"�� t.TH�ACREAGE OFEACHLAND USE AS WELL AS BOUNDARIES BETWEEN • '� J. -'LAND USES AREAPPROlOM11ATEANDIAAYCHANGE o A' -•�." "�. ' b•� / - �i.- \. 2.COMMERCIAL,USES SHALL BE LIMBED TO THOSE USES PERMITTED IN THE '� �• ' �,`.. ✓!!x•. %•"�`f� q....v�• / '•.'v ��,\\ / ''C.3 ZONANG DISTRICT.AND DEVELOPMENT SHALL COMPLY WITH C-3 md{�, , �'•�• a..,. /.'/I '!' v..e• \:` / % %STANDARDS, a. i/ 'V �y/ •Sy/.,,,.�) 3.. \ // _ /;:^� �..IT'' r ���.���J.!�K N,v..,.v`• W ._.. t fir/ MULTIFAMILY USES SHA E THOSE USES PE THE AF-2ZONING DISTRICT.AND DEVELOPMENT SHALL COMPLY WITH MF-2 STANDARDS: C� \\ '4.SINGLE-FAMILY USES SHALL BE LIWTEDTOTH09E UU-SPERMITTEDIN �_32DDACRE TTiE SFJ ZONING OISTRIGf.ANO DEVELOPMENT SHALL COMPLY WTTFi ALL %j✓' •a;.� jjZ'T>n!� �, -�. "`�°'^"'�" �•� ;:t :^"`9', SF-3 STANDARDS.WITH TIE FOLLOWING EXCEPTIONS: 4 G7 - C.35.72 ACRE �t]61 ACRE •B, .0+, ALL LOTS SHALL'BE 5S%120•MINIMUM(8.600 SF MRN4. ��558 ACRE .n„ pJ'♦ i WITH 25FRONT SETBACKS AND 7.5510E SETBACKS. C3 IL (711 -.., \`c _ :16.31 ACRE' as z OPENIGR-cENSPACE ` ^ `t 1 I �] - `'1�Y-�,• r \ ,`. M92 ACRE %' :' `. .`•`'»``°�' / SINGLE-FAMILY / \ D- ` RESIDENTIAL /// // *109.60 ACRE §� - -. - _ -_.- - - '��'I"�oieii Ice»__ --i•2,-.—>•. _ t,.. .,1 it 57 '' _ _ --_ �i1',•�. w�wa' �•�.J "~5�:�- _ _ --:x,1:9 ice':\.4 mw avx