ORD 1046 02/26/2013 Val J r zo
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"City of Choice"
ORDINANCE NO: 1046
AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF
CERTAIN PROPERTIES LOCATED IN THE DEVELOPMENT
REFERENCED AS RED RIVER DEVELOPMENT FROM THE
GENERAL COMMERCIAL (C-4) AND FM 78 (78) OVERLAY
DISTRICTS TO THE PLANNED UNIT DEVELOPMENT (PUD)
DISTRICT TO ALLOW A MIXED UNIT DEVELOPMENT COMPRISED
OF USES PERMITTED IN THE C-3, MF-2, 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 211.02 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 certain sections of real
property to match the proposed boundaries of proposed residential and commercial uses depicted
on the Red River PUD; 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 February 20, 2013 in the Cibolo City Hall; and, the second public hearing being conducted by
City Council on February 26, 2013 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 a 148.78 acres described as Exhibit"A", as attached hereto; and
WHEREAS, legal notice notifying the public of both public hearings and property proposed to
be rezoned, was published in the Seguin Gazette, a newspaper of general circulation in the City
of Cibolo, on February 10, 2013, with said publication 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 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 the 148.78 acre property referenced as Red River Planned Unit Development, as
is more particularly described in Exhibit "A" is hereby rezoned from the General Commercial
(C-4) and FM 78 Overlay (78) districts to the Planned Unit Development district to allow a
mixed use development comprised of uses permitted in the C-3, MF-2 and SF-3 zoning districts.
SECTION II
THAT, the 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, as amended.
SECTION III
THAT all development standards of the C-3, MF-2 and SF-3 zoning district designations
of the Cibolo Unified Development Code 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
SECTION IV
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 V
THAT all other ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent that they are in conflict.
SECTION VI
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 VII
THIS ordinance will take effect its passage, approval and publication as provided by law.
PASSED, APPROVED, AND ADOPTED THIS 2:6 DAY OFc.ehr-uc,.e-y, 2013..
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1 /
nnifer H ' an
Mayor, City of Cibolo
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ATTEST: l
Peggy Cimics
City Secretary, City of Cibolo
.EXHIBIT A:
LEGAL DESCRTIPTION
A 148.78 ACRE TRACT IS COMPRISED OF A 146.52 ACRE TRACT OF LAND CONVEYED TO
HM CIBOLO 1.51, LP BY DEED: RECORDED IN VOLUME 3135 PAGES 980-986 AND A 2.26
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 CJTY OF CIBOLO, GUADALUPE, COUNTY, TEXAS, OUT OF THE
WILLIAM BRACKEN SURVEY NO. 65, ABSTRACT NO. 57.
EXHIBIT B:
Attached
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