ORD 1129 05/26/2015 .o
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"City of Choice"
ORDINANCE No: 1129
AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF
APPROXIMATELY 162.2 ACRES FRONTING WIEDNER ROAD TO THE
SOUTH, IMMEDIATELY NORTH: OF BUFFALO CROSSING .AND WEST OF
GATEWOOD SUBDIVISIONS, FROM THE MEDIUM DENSITY-SINGLE
FAMILY RESIDENTI.AL (SF-2) TO THE PLANNED UNIT DEVELOPMENT
(PUD) DISTRICT TO ALLOW MIXED DENSITY SINGLE-FAMILY
RESIDENTIAL; 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 rezone 162.2 acres of real property
fronting Wiedner Road to the south, immediately north of Buffalo Crossing and west of
Gatewood subdivisions , to be rezoned from Medium Density-Single Family Residential (SF-2)
to the Planned Unit Development(PUD)District; and
WHEREAS,.two public hearings were held to discuss the rezoning to the real property described
herein; with the-first public hearing being conducted by the Planning & Zoning Commission on
Wednesday, May 13, 2015 .at 6:30 p.m. in the Cibolo City Hall; and, the second public hearing
being conducted by City Council on Tuesday, May 26,-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 theproposed rezoning- of approximately 162.2 acres from SF-2 to PUD, as
described herein and depicted on Exhibit A; 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 26, 2015 and April 28, 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 rollof the
City of Cibolo, within 200 feet of the property 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 :City Council, therefore
determined that rezoning approximately 162.2 acres of real property fronting Wiedner Road to the
south, immediately north of Buffalo Crossing and west of Gatewood subdivisions, of which 162.2
acres would be rezoned from Medium Density-Single Family Residential (SF-2) to the Planned
Unit Development (PUD) District, 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 162.2 acres of real property fronting Wiedner Road to the south,
immediately north of Buffalo Crossing and west of Gatewood subdivisions shall be rezoned from
Medium Density-Single Family Residential (SF-2) to the. Planned Unit Development (PUD)
District, a depiction of which is more specifically defined oil Exhibit "A" and with the following
conditions:.
1. Total build-out of the development is capped at 480 lots.
2. Staff approval of an ingress/egress plan to-minimize traffic within the Buffalo Crossing
Subdivision.
3. The following properties per Guadalupe County Records are entitled to and shall be
provided access to a public right-of-way:
a. Property ID: 63718
b. Property ID: 126714
c. Property ID: 126715
d. Property ID: 126716
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.
THAT this ordinance is not severable.
SECTION VII
THIS ordinance will take effect its passage, approval and publication as provided by law.
PASSED,APPROVED,AND ADOPTED THIS 26a'DAY OF May, 2015 by a positive vote of,
to 0
Lisa M. Jack o
Mayor, City of Cibolo
ATTEST:
Peggy Cimics
City Secretary, City of Cibolo
Exhibit A: Rezoning Exhibit (Legal Description)
Denhatn-Ratnanes Englneetring
and A ssoclafts,In*,
FIELD NOTES
FOR
LENROY KOEHLER,ET ALI,ZONING TRACT
93.94 Acte Tract
Being 93.74 rncres out of th—a 141:747 acre paicel of land in the Trinidad,Garcia Survey
No.94,Abstract No. 137,of Guadalupe County,Texas,said 141.747 acres being-all-of
the called 61.75:acre tract recorded in Volume 530,Page 65.and all of the called 79.86
acre troct recorded in Volume 526, Pae 911 both of the Deed Records (D.1L) of
Guadalupe County,Texas;the 93;74 aetes being more particularly dcscrib.-d by metes
and bounds as follows.
BEGINNINd at an chlqeled"X"in bolt at the bake of g world fence post found at the
north comer of 1.ot 10s,Mock A,of Buffalo Grossin,s Unit 49 as shotivrt on the plat
recorded in Volume.7, Pages 384.386 Plat Records(P.R.) of Gmulatupe.Cnunly, said
corner also being the occupied east comer of the above described 61.75 acre tract,lying
on the southwcst litre ofthe above described 79.86 acre tract.
THENCE S $9'17'53" W,with the worthiest line of Block A of said Uttit 413, and
continuing with a northwest litre of ffi ffalo Crossing Unit 5 recorded in Volume 8,Pages
49-50 D.R, pass at 1829.26 feet a found 1!2"-neb ar with G&R-cap at the-nob corner of
Lot 9,Block M.continue on for a total distance of 1830.80 feat to a=end found 112"
-tebar with G&R cap at the south comer of the called 61.75 acre tract for the westernmost
south comer of this description;
TIMNCE N 30055'04'1 W, with the northeast line of said Unit 5, same lbeing tate
southwest-line of the 61.7-5 acre tract,for a distance of-1474.93 feet to a set 112"rebar
with Denhath-Ramones-Engineering plastic cap (U-Et B.) for the Kest comer of this
description,on the southeast rlght-of way line of Weidner Road(ROWi'varies),a found
1r2"re6*r(no cap)at the north comer of Lot 36,131ock),bears S 30'55'04"ly-.21.05
feet;
THENCE N.59°18'41"E,.Kith the.southeast right-of-Key lilac of Weidner Road,and
continuing Kith the southeast line of a fenced lana,1for a distance.of 2444.27 feet,to a sad
V2"mbar with D•R E cap,at the north corner of this dcscription,same being the notch
corner of a calltid-78.86 acre tract;a V2"rebar fogad at the h6tiheast end of the fenced
lane bears N 59'18'41"E--32.08 feu ty
TH04CE S 3OP47'05" E, with, the southwes-t line of a 49.13 acre tract, recorded in
Volume 383,Page 31,P.R.,for a distance of.2.089.86 feet;to a found lit".rab ar(no cap)
at.the south corner of said 49.13 acres,the.rebar also being the west comer of a 70.00
acre tract recorded in Volu=.427,Pogo 299,P.R.;
HALMO' hk'kms!%Ud.am
nig:r at2
1380 Pand lean Way,Suite 290 Ph: (214)495.3100
San Antonio,Tcuas 78234 F=(210)495-3 Ui
THENCE S 30141'33"E,with the southwest line of the 20.00 acre tract,for a distance of
140.633,feet to a point for the east corner of this description;
THENCE through the 141.747 acre tract for the following ere(5)courses-,
S 63'42"14"W for a distance of 1418 fact to a point;
S 60'38'00"W for a distance of 190.14 feet to a point,
S 4948`27"\4'for a dist mce of 151.47 feet to a point;
S 40'1612"W for a distance of 149.79 feet to a point;
S 3(WO(Y25"W for a distance of 136.54 feet to a point for the eastc=ost south
corner of this description;
T11ENCE N 30"28'38"W,for a distance of 891.18 feet to the POINT OF BEGINNING,
and containing 93.74 aces of land,store nr teas.
Bearings souice is the lice bowl en the first and third monuments descnbed
above,and shovm as S 5"7'53'6 W as derived from MIS observation based
an NAD 83 (2011), Tcxas State Plane Coordhiate System - South Central
rine.
1 hereby cen! ,that this description conforms to the minimum standards set forth by the
Tcras.Board of Professional Land Surveying according to an actual survey made on the
ground by employees of"Donhatn-Rainones Engineering and Associates,Inc."
hate. a ju,� I-s,x015
YA�zgl -4
Gory B.Ncill ...3...... .... .{ ,
R.P_T_S.83964 GARY, BonhEU
.P.,.
Tirm No., 10273.60 3964
Warning:Only those copies with the Sigaatwe and
Seat in red should be relied upon.
Kuchler Tract Boandmy
Projsct Number:140015.700
H31tnd a�caj7n7.��axfik�'eums's11tkB•Kaet&�Tsidd Psccf dx
[�a2rif2
DenharwRantones Engineering
ane AsseeiaW%inc.
FIEELIID NO ES
FOR
JUAN VE.AZEY,, AL TRACT
68:06 Acre Remainder
Being a 68.46 acre parcel of land in the Trinidad Garcia Survey No,94. Abstract No.
137, of Ousdalupe County.Texas,and being the called 68.52 acre tract recorded in
Volume 1847,Page 205 of the Deed Records(i7,lt.)of Guadalupe Countyr Texas;said
68.52 acre tract being out of the rimainder of a called 99 r crc tract recorded in tfolumc
230,.Palle 39. D.R.: the 68.46 acres being amore particularly described by metes and
bounds as follov s:
BEGINNING at a found 112" rebar(no cap)-at the north corner of a 5.00 acre tract
recorded in Volume 3082, Page 426,D.R. lying on the southeast riot=of-way tine of
Wicdrer Road (County Road 380- ROWvaries); said rebar being the swsternntost
Gilmer of this description;
THENCE N 5"9106"1r,with said southeast tight-of-wuy]m'a for a distance of 518.90
feet-to a set In-rcbw with Derdtam-Rarnuncs Engineering cap(1D-lt E.)for an angle
point in the road;
THENCE N 59015706'E,for a distance of 938,110 feet to a set M"rebar with Denham-
Ratnones Engineering cap(D-R E.)for a second angle point in the coed;
THENCE N 59c2l'06"E,for a distance of 1344.92 feet.to a set if2"rebar with Dcnhsm-
Ramones Engineering cap(1)-R E.)for:the north comer of this dcscripGon;a found 112"
rubar with a SUPWCON cap found disturbed on the batik ofsteak bears N 59°20'06"E-
0.34 feet;
THENCE S 30"43'59'E, with the northeast line of this description,for a distance of
1241.56 feet to a point in a snail for the easternmost comer of this description,a found
M-null in the top of a leaning fence comer post bears S 50P26'05"W-0,64 feet;.
THENCE S 59°2605"W,with the southeast line of the called 68.52 and 99 acre tracts
.fur a distance.of 1883.14 feet to a found 112''rcbar(no sap)at the east career ofa CAW-
2.500 acre Iraet recorded in Volume 2412}Page 830, D.R.;
THENCE through the 319 acct trod and with thr"lines of the called 68.52 acre tract for the
.following three(3)courses.
Et:ttan3 Vrmlem3'Neucy-6k��'au�+,Sib�H-�'ea�Yast bndy,duc
Para E d2
7380 Pmrthcon Way,Suite 1-90 Ph-, (2W)4U-3109
$al Antonio,Texas 78232 "F x:fa r0}M-31221
N 30112434"1V,with the northeast line of the 2.500 acne tract,for a distance of
273.09 feet,to a found 112"rebar(no cap)at the cast coiner of a secand
2.500 acre tract recorded in Volume 2312,Page 820,D.R;
N 30041'45"W tivith the northeast line of the second 2.500 acre tract,for a
distance of2S'3.76.Acct,to a found 112"rebar.(no cap)at the north corner
.of said 2.500 acre tract,and:being a re-entrant corner of the before
mentioned 65.52 acre tract
S 59112050"W.pass at 419.04 feet a found 112"rcbar(no-cap)for the west c[amer
of slid tract and also being the north comer of a third 2.500 acre tract
recorded in Volume 2412,Page 825,13.8;pass at 825.72 feet to a found
>I t2"rcbor(no cap)at the west comer of said third tract,continuing on for
a towl distance of 921.04 feet to a found bent I a"rcbar tato cap)at the
we tesnniost south coiner of die 68.52 acre tract;said bent rebar also
being the cast comer.ofa called 5.00 acre tract first mentioned above;
THf;NCR N 30"4i'2l"W,with the northeast line of said 5.00 acre tract,for a distance of
704.10 feet to the.POINT OF BEGINNING,and containing 09,46 acres of land,more
or less.
Bearings source is the northeast line of the 5.00 acre tract recorded in Volume
301;2,.page 426 of the Iced Records of Guadalupe County between the first
and last found monument described above,and shown as N 30°41'21"W as
Arrived from GPS obwrvaiion based on NAD 83(IIARN),Texas.Sze Plane
Coordinate system-South central 7.anc.
I]hereby certify that this description conforms to the minimum standards set forth by the
Texas Board of Professional Lend Surveying according to an actual sun-ey made on the
ground by employees of"Dcliham-Ramoncs Fatginecring and Associates,Inc."
Date: Gt�e.,.. t 1-3,lex15
Gary B. ' M OARY_tt..ficltL
R_P.L.S.48964
Titin No.10273.00 Y e,-
:SU 4'4?o 8w v yG3~
u
Warnin&Only.those copies with the Signature and
Seal in red should he relied upon.
Veazey Tract Rmndary
Paoject Number:120035-700
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