Loading...
ORD 1085 12/10/2013 1 `\1j111O111/� ��O/ II/ilillll00\ seX AS "City of Choice" ORDINANCE 1085 AN ORDINANCE TO ASSIGN PERMANENT ZONING TO CERTAIN REAL PROPERTY, AS DEPICTED HEREIN, LOCATED NORTH OF THE DEVELOPMENTS KNOWN AS MESA AT TURNING STONE AND LANDMARK POINTE, EAST OF FM 1103; COMPRISED OF APPROXIMATELY 21.303 ACRES FROM AGRICULTUAL (AG) TO HIGH DENSITY SINGLE-FAMILY RESIDENTIAL (SF-3) AND TO REZONE CERTAIN REAL PROPERTY, AS DEPICTED HEREIN, LOCATED IMMEDIATELY NORTH OF THE DEVELOPMENTS KNOWN AS MESA AT TURNING STONE AND LANDMARK POINTE, EAST OF FM 1103; COMPRISED OF APPROXIMATELY 12.194 ACRES FROM RURAL RESIDENTIAL (SF-1) TO HIGH DENSITY SINGLE- FAMILY RESIDENTIAL (SF-3); RESULTING IN 33.497 ACRES TO DE ZONED SF-3; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Texas Local Government Code Section 211.02 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 33.497 acres of real property located generally immediately north of the developments known as Mesa at Turning Stone and Landmark Pointe and immediately east of FM 1103, as more particularly described in the attached Exhibit A; 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 the public health, safety and general welfare of the City; 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, November 13, 2013 at 6:30 p.m. in the Cibolo City Hall; and, the second public hearing being conducted by City Council on Tuesday, December 10, 2013, 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 assignment of permanent zoning to 21.303 acres of real property annexed into the city on December 10, 2013 from AG to SF-3; and the rezoning of an adjoining 12.194 acre tract from SF-1 to SF-3; resulting in a total of 33.497 acres proposed to be zoned SF-3, as described herein; 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, 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: RE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION I. THAT an approximate 33.497 acre parcel of property located generally immediately north of the developments known as Mesa at Turning Stone and Landmark Pointe and immediately east of FM 1103, being more specifically defined on Exhibit"A", is hereby rezoned from AG and SF-1 to SF-3. 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. 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 THUS ordinance will take effect its passage, approval and publication as provided by law. PASSED, APPROVED,AND ADOPTED THIS 10"DAY OF December, 2013. �4- whwv-�- Lisa M. Jackso Mayor, City of Cibolo ATTEST: Peggy Cimics City Secretary, City of Cibolo EXHIBIT A: Rezoning Exhibit(Legal Description) RF _Arff -nF [,, ANn, ni OT-,nF TUFAAMF-S,W.GRAY q E mwtv un" 255,ABSTRACT NO. 144, OUT OF TITHEREMAI NI NIG 13ORTIDNO F A 715A3 S.FGRE T1 VT A$ DESCRISFE-1) IN DE RD AECORCI-ED 1N VOLUME G17-01,P' 'AGM 1.27-330, ;OFF 101 AL P Id BLIC RIECORDSG-1 UAIDALUPECCOU HTY, TEXAS4,1ND BEING-,7H I-SAIUE PROPERTY GALLED 31S01 ACRES AS BESCRI BED IN DEED RECORDED IN VOLUME 2sw, PAGE 872',OFF[CIA L PU 15LIC RE-CORDS,1GUADALUPE COU NTY,TEXAS, SAID, 3a.49Y AQ R 5$ LIE IN6 M ORE PA'R7lGU LA RLY VE-5 GRI REV.,AS f CrULL.0 WS-: B MINN INS AT A 11Z IRGA ROD iFOLaND ON 7KE NORITITI EA EF LY RI FIT-0 F-QMAY ACRE'TRACT ANID THE r1,410ST SOUTHERLY C.RBIER OF THIS TRACT; THENCEE %.WFEET.ALONG THE N-12,R7HH,EASTfE!R;L.YPI-CHT�FJ,'jAY f INE.QF!F.M, HIGH0NAYNO, '110370A 1r,21" IRON ROD; THENCE; NORTH'59 DEGFEES 20,L"JINFLITES 24.SECOND$ EAST 11SRS.-.96, FEET TO A IM"IR-nN FLOG SET IMVITH CAP MARKED, 'RFLS SC178"; a ), THENC E NORTH 39 ORTDEGREES 00 L'4,1 INU TES. 45 SECO N 11S EAST I q 19 FE ET 7 0 A I),915 IR ON ROT D SET'A71TH GAP MARKED"RKS 557B" T H E.1 N,0 E N 0 RT H ff4 DEGREES' 12,%i I N 1J T E 6 $-E C'0 N D S$N E J$7 116;61 FEET T 0 A I i2T [ROH ROD 1701J14 D,FOR A CON1 MON CORN ER WITH'WHISPER TAEADOVefS,AT NI 0 R T F.C L I F F E II .6 U B D I VI 9.10 N LI 14 1 T':3, OkS REC ORD E ED I N V 0 LILl bi E S.PAO ES 676 74j'n'a 8. PLAT fPEC0R4;)S OF GUADA LUIPE COUNTY,TEEMMS.: T'HE NCE NIG- 147H 90 05-GIIEEE43 Pht'114LI TES 448EGUNDS Ek3T 20132,40 FEET ALONG THE 00LOTHEAS TEERLY LIIN E,0F 0A.1 D M&I ISIPER MEAC_30v�ls Kri N0110E-f fl,0LI FFE 11 SUBDIVISI 0-44 UN17 3 AND AN ADJA,0E_NT'YYHI-f_'5P.ER MEADOA05-5 AT WIRT HCL I FFE II SUBDIVISION UNIT 4,AS RECORDED IN VOLUME 7, PACE 52, PLATRECORDS;,SNE 9,234 WC R T, I ' A-qCT,VOLU)e�,E20001, PAOE32BFFICIA3LPLiBLI!CREIA CiORID8. Nill,Aa; J ACRrm 7FIACT,VOLUNIE 2v6l, PAGE �51,DEED!RE*(7,0f�,D$,,GP-j'AIDALUP,�L- ,C,OUN'rY. TEXAS: THENCE NORTH 60 D63KETES 43 K(lNUTES .01 SECONDS EAST 406,018;REET &LONG THE 90VTHEArpTERY. LINE-OF A 13.192 ACRE TRA TAS DZS.,C1R.1e1ED IN DEED RECORDIED IN VOLURAE 2295, PAGE 3135',OFFICIAL Pul SLIC�RECORDS, 0,UAD-ALLIPE. GOILINTY,TEXAS TO A lre-- IRON ROD RIDUND MkP.KIN;G TIME MOST N OR TKERLY C"n-R 04 @ R 0r Tr fl IS T if tPA rYT: THENCE 8101JITE-1 30 DEGREES 51 NIIN LJ7ES- L54 SECO b1O8'_E0ZT 821,2 'FEET TO A TPZ' I rt 0-N RO D F0 U t,4 D i PA'A R K I N G Trfl E Nf,'0 S*c-11'1 E ok S%TE,i�1-Y C 0.f!,�4 IE'R,1__)F T H I S T W. ,0,r: THENCE SIOUTH 53 DEGREES 33 reAl N L'IEE, 01 :SECO NDS 'UESIT I 1:4&4ff FEET To A 1rZ IRON ROD FL)UND"' THENCE NOR71 H ZIB DE-13 .EEE811 N`IINUITES 42 SECONDS WEST 290,01 ;FEE TO.,.,% 1 t2_4 RON R:OD r-OUN 01 THENCE 830UTH-59 D�"GREES 49 ro.11 N U17TES, 00-SECONDS'ATEST 1732.09 FEET ALONG T -C O-.F LAND,Fj P401 r417 OF M,EGI NN IN G AND OONTAI.N IN G 314N,4CRE 5 LEGEND _ - -r-j— / $URVEY or; CrQ cr MR.MAE SwtvaxINUICERrunCArION •i lM�.rir.,w.w�tiil�w L.�„ 11+ \ ` mn,xa.s_a...mvennieJnTC(uert-isa "ANNF-I ATTON EXHEHIT" _ham�, IOTNS�iY SUnY'3'IYO�IYC. __ _–'ti'–v"—�– .�m►`11F nq•°v Wya+nrd'mm; w�iv+r a�.v+upm LEGEND El SURVEY OF: ,ate ._........R. ..n \\\\\ ��W � 4sJ"°l�� $ .rowan,.ruan.evu,¢mrmxciwnwemnn. \\ .�a wvwro,wmn; rmrwmuuownmeew,nonnen, / �� omn,mroumu,naro„crmr ,wurnv„m mrcc '� / _...e. \ w,mn n Eanrmvnaussm�aa.sar,esumerm. /.,�/.v...Y...... \ n¢r®v,veccwwa..amrtwmlcwn.amrown nuam €` \ SURVEYOR'S CERTIFICATION "Land Title Survey" MMRED- -7 an.,,,\n,,,,,e1Oi��, M r� NOTES JOHNSON SURVEYING,INC. .r _ taun.mm,eu,rcvumcror omwLLWtn,Munm All Naluun.f_