ORD 1086 12/10/2013 OF
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"City of Choice"
ORDINANCE NO: 10 8 6
AN ORDINANCE TO ASSIGN PERMANENT ZONING TO CERTAIN
REAL PROPERTY, AS DEPICTED HEREIN, LOCATED GENERALLY
IMMEDIATELY LOCATED NORTH OF INTERSTATE HIGHWAY 10,
SOUTH OF BOLTON ROAD, WEST OF SANTA CLARA ROAD AND
EAST OF ZUEHL ROAD; COMPRISED OF APPROXIMATELY 5.001
ACRES FROM AGRICULTUAL (AG) TO GENERAL COMMERCIAL
(C-4); 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
I
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 5.001 acres of
real property located generally immediately north of Interstate Highway 10, south of Bolton
Road, west of Santa Clara Road and east of Zuehl Road, 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 proposed rezoning of 5.001 acres
from AG to C-4; 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:
BE IT ORDAINED BY THE CITE'COUNCIL OF THE CITY OF CIBOLO, TEXAS:
SECTION I.
THAT an approximate 5.001 acre parcel of property located generally immediately north
of Interstate Highway 10, south of Bolton Road, west of Santa Clara Road and east of Zuehl
Road,being more specifically defined on Exhibit"A", is hereby rezoned from AG to C-4.
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
THIS ordinance will take effect its passage, approval and publication as provided by law.
PASSED, APPROVED,AND ADOPTED THIS 10th DAY OF December, 2013.
Lisa M. Jackson
Mayor, City of Cibolo
ATTEST:
Peggy Cimics
City Secretary, City of Cibolo
EXHIBIT A: Rezoning Exhibit(Legal Description)
BJETT.ERSWORTH&ASSQCIAATES,INC,
ENGMERS-StM VEYORS-WNSULTANTS
I I I EAST MOUNTAIN STREET,SEGUI14,'EXAS 78155
20523" (830)379-5552 FAX(830)37R-5553
680.56&690.33 E•Mall: blah Qa 11ashmet
20523-C-(3
May 25,2001 KEN L.RE WINGER,P.E.&R.P.L,S.
TRACT C
5.001 ACRE TRACT
Being a 5.001 ACRE TRACT situated in Jose Flores Survey,A-134, Guadalupe County,Texas,
Said 5.004 ACRE TRACT is comprised of part of a tract called 9.979 acres In conveyance from
Thelma B. Schaefer, at vir to Read Miner recorded in Volume 1018 at Page 377 and part of a
tract called First Tract (9.979 acres) in conveyance from Thelma B. Schaefer, et vir to Read
Miner recorded In Volume 1018 at Page 371 of the Oficial Recorda of said county and being
described by metes and bounds as follows:
BEGINNING at a one-half inch diameter rebar found bent(shot base)marking the south corner
of the tract herein described,some being the south corner of sold 9.979 acre tract, lying in the
northwest line of a tract called 4.475 acres In Volume 137 at Page 200, further described as
being the east corner of Lot 7,Country Side Acres Subdivision recorded in Volume 4 at Page 93
of the Map Records, being the east corner of a called 27.966 acre in Volume 840 at Page 110,
and lying in the northwest line of interstate Highway No.10;
THENCE with the southwest line of the tract herein described, same being a segment of the
common line of said 9.979 acre tract and said Lot 7,N 300 53'30u W,(called N 300 53'30"W
basis of bearing)685.85 feet to a one-half Inch diameter rebar set with cap (B&A)marking-the
west corner of the tract herein described,same being the south corner of a 5.001 acre tract this
day surveyed by me;
THENCE with the northwest line of the tract herein described, into said 9.979 acre tract, N 650
52' 13° E;-at 277.98 feet a one-half inch diameter rebar set with cap (B&A) marking the east
corner of a 5.001 acre tract this day surveyed by me and being the south corner of a 5.001 acre
tract this day surveyed by me and at 318.94 feet a one-half Inch diameter rebar set with cap
(13M)marking the north comer of the tract herein described;
THENCE with the northeast line of the tract herein described,S 300 681 3p"E,689.79 feet to a
one-half inch diameter rebar set with cap (B&A),.marking the east corner of the tract herein
described, along the common line of said 9,979 acrgjract and said 4.475 acre tract, further
described as lying In the northwest line of said Interstate Highway No. 10;
THENCE with the southeast litre of the tract herein described, same being a segment of the
common line of said 9.979 acre tract and said 4.475 acre tract, along a segment of the
northwest line of said Interstate Highway No, 10, S 66" 34' 17" W, (called S 660.34' 31" W)
319.42 feet to the PLACE OF BEGINNING and containing 6,001 AqRES OF LAND.--
I hereby certify the foregoing field notes represent the resins of orf njthe ground su �y made
under my supervision in March 2001. 77
4Y
EN RFzINI (3ER,".•.P,L.S.26
EXHIBIT A: Rezoning Exhibit (Graphically)
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