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ORD 1054 04/23/2013 oc c , 00p!�tlpp x„nap„ 0 u � � r^'° miunrrW 7-E..X 0,5 "City.of Choice” ORDINANCE 10 5 4 _ AN ORDINANCE AMENDING THE ZONING CLASSIFICATIONS OF FORTY-ONE (41) PROPERTIES THAT ENCOMPASS 388.10 ACES, EACH ANNEXED INTO THE CITY OF CIBOLO DURING 2010 AND 2011 AND TWO (2) PROPERTIES THAT ENCOMPASS 5.714 ACRES ANNEXED INTO THE CITY OF CIBOLO ON FEBRUARY 12, 2013, EACH IN ACCORDANCE WITH THE CIBOLO UNIFIED DEVELOPMENT CODE AND WERE AUTOMATICALLY ASSIGNED A TEMPORARY ZONING CLASSIFICATION OF AGRICULTURAL (AG) UNTIL SUCH TIME AS CITY COUNCIL ASSIGNED PERMAMENT ZONING CLASSIFICATIONS TO EACH PROPERTY, IN THE MANNER PRESCRIBED BY THE CITY OF CIBOLO UNIFIED DEVELOPMENT CODE AND TLGC SECTION 211; 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, Article 4, Section 4.4.9 of the Unified Development Code of the City of Cibolo states that all territory annexed into the City of Cibolo shall automatically be classified as Agricultural (AG)until such time as permanent zoning is designated by the City Council through the Zoning Map Amendment Process, as prescribed in the Unified Development Code; 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, the City of Cibolo invited all of the affected property owners of the affected properties to attend a Neighborhood Meeting conducted at City Hall on March 25, 2013, at which time the City of Cibolo explained the rationale for the proposed permanent zoning designation for their properties and for the rationale for the assignment of permanent zoning on all properties within 200 feet of their properties; and WHEREAS, two public hearings were held to discuss the rezoning of the affected properties; with the first public hearing being conducted by the Planning & Zoning Commission on Wednesday, April 10, 2013 at 6:30 p.m. in the Cibolo City Hall; and, the second public hearing being conducted by City Council on Tuesday, April 23, 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 properties to from Agricultural (AG) to the Agricultural (AG) , Medium Density 1-Family Residential (SF-2), Residential/Office (C-3), General Commercial (C-4) and to Mixed Use Regional Employment Center (MURE) districts; 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, the Legal Notice of the proposed rezoning was published in the Seguin Gazette, a newspaper of general circulation in the City of Cibolo; and WHEREAS, the City Council has determined and found that the proposed permanent zoning designation would be in accordance with the recommendations of the Comprehensive Plan and Future Land Use Map of the City of Cibolo 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 43 properties that encompass 393.814 acres, as specified in Exhibit "A" and depicted graphically by Exhibit "B" are hereby rezoned from Agricultural (AG) to the Agricultural (AG) , Medium Density 1-Family Residential (SF-2), Residential/Office (C-3), General Commercial (C-4) and to Mixed Use Regional Employment Center(MURE) districts as designated by said Exhibits "A" and"B". 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 bylaw. PASSED, APPROVED,AND ADOPTED THIS 23rd DAY OF April, 2013. Jit -fer H.;; an Mayor, City of Cibolo ATTEST: Peggy Cimics, TRMC City Secretary, City of Cibolo EXHIBIT A (Page 1 of 2) Proposed Permanent Zoning Property Owners/GCAD Parcel Numbers Below are properties to be assigned permanent zoning. This list, showing the proposed permanent zoning district&a proposed zoning map were provided to each owner to notify them of the pending zoning action on their property and other properties within 200 feet of their properties to comply with the legal notice requirements of TLGC Section 211. Parcel ID Map ID Zoning Owner Name 63569 33&24 Ag NICHOLS BURTON K&SALLY P 63573 27 Ag SMIDT LANA 71067 159 C-3 KELLY KIRK&ANDREA 71059 49& 158 C-3 LENZ ELVA NELL THEILENGERDES&AARON LE THEILENGERDES 63309 47 C-3 WEST WILLIAM G 70979 29 C-3 ZIMMER-ZAMPESE&ASSOCIATES INC 63325 147 C-4 BRIEDEN KENNETH D&CONNIE 63392 152 C-4 CALHOUN JAMES W 125269 3 C-4 CHRISTOPHER L MILLS 63306 76 C-4 KIMBLER WILLIAM C 63362 113& 146 C-4 NICHOLS BURTON K&SALLY P 63299 81 &82 C-4 O'HARA NATHAN D 19581 102 C-4 REAL LAWRENCE R&JOYCE A 63479 95& 172 C-4 RIEDEL PHILIP&DOROTHY V 63480 150 C-4 RIEDEL WAYNE&SHERRI G 19582 96 C-4 RINALDI JANIS C 63481 91 C-4 RODRIGUEZ ALEXANDER M 63487 149 C-4 SAMPLES EUGENE 63305 148 C-4 SANCHEZ JESSE JR 63300 46 C-4 SLIWINSKI ZBIGNIEW 129127 93 C-4 SMITH DAVID M &JILL HARRIS SMITH JOINT TRUST AGREEMENT 63497 151 &92 C-4 SMITH PHILLIP E&JEAN M 63498 48 C-4 VILLANUEVA ROMERO&MARIA A 63343 157 MURE ALLEN ELMA DORIS COX 63338 155 MURE BRYANT RICHARD G&SANDRA B 110472 153 MURE D&D CONTRACTORS INC 71063 80 MURE FROBOESE LEROY E 63423 168 MURE LUENSMANN ROLAND H&ANNA DELL 114386 8 MURE MITCHELL RAQUEL 63475 154 MURE MONTAGUE JOHN R 63440 2 MURE MUELLER LLOYD J 63439 1 MURE NOLEN LUCILLE L 63474 167 MURE REININGER LEROY&CAROLYN A BLEDSOE 63476 156 MURE REININGER RALPH 63387 9 MURE ST ADAMS VICTOR HIS MAJESTY EXHIBIT A (Page 2 of 2) Parcel ID Map ID Zoning Owner Name 145230 Lot 01 SF-2 Cibolo Valley Ranch Unit 6C 143386 Lot 02 SF-2 Cibolo Valley Ranch Unit 8(Stormwater Pond) EXHIBIT B (Page 1 of 4) Proposed Permanent Zoning Designations GREEN shading designates Agricultural (AG)zoning. RED shading designates General Commercial (C-4). Properties 86-90, 94, and 103-109 were previously assigned permanent Agricultural zoning on January 8, 2013. Properties with any other color shading, including those that are white and those enclosed within heavy black boundaries on this map, and subsequent maps, are not being considered as a part of this permanent zoning action. 1 27 r... 107 14 94 ....... I 109 r 24 89 08 1 88 106 J 33 8.7 105 104 -; : 86 103 M 90 4 - - — MIi l [ '' 10 , \ \ \ .11 ' ..'--" '''' t toitc,"<e EXHIBIT B (Page 2 of 4) Proposed Permanent Zoning Designations RED shading designates General Commercial (C-4). PURPLE shading designates Mixed Use Regional Employment Center(MURE). Properties 160 & 527 were previously assigned permanent Agricultural zoning on January 8, 2013. i I gai\ - I Art. - - - -t \ ' ': f I - fi 1 _ ___+: r_J £ # 1 i F. 1 w ■ I --- -- -• 11# f- --.L.JL DI t I l I �E ' IT� I EXHIBIT B (Page 3 of 4) Proposed Permanent Zoning Designations PURPLE shading designates Mixed Use Regional Employment Center(MURE). LIGHT RED shading designates C-3 zoning. Properties 51, 78 & 134 were assigned permanent zoning on January 8, 2013.No other shaded properties shown on this exhibit are affected. „LA__J__ILJILIJ I i •..,„, , , __ to- ,tt, . r r n � ■ ' M T i 1 I ■ € r ■ ■ I ■ I III I ■ $ I I ■ ■ ■ £ I eV ■ I tom: 4 vi f I • 4P , eI)IEntaes i ��T- --cam � +� �66 i r� ri '. f -�- J s w:.n if / wI/ ■ --,, m 171 R /ti EXHIBIT B (Page 4 of 4) Proposed Permanent Zoning Designations Properties designated below, legally known as Cibolo Valley Ranch Unit 6C and Cibolo Valley Ranch Unit 8, Block 6, Lot 2 will both be permanently zoned SF-2. 7182 \137.43,'13714137,1‘,46--'1433‘8814338.-e n • a�- 371%48 1433E 3 ‘ , 62738 ? 5287s �a• !7154 145199145200 14519E 1'o 145196145197' 63797 ,il 62645 145195 14522 45194 2� , 1452 ,p 145205\ . • d ,452 145206\ 1452 14523 0 ;l 145207 1452 145208 1452 145209 145228 ay 63799 1145211µo451 145212 'P 7 14521 t;1451 145214 d 1451 143386 5206` 145229 r \ `10 1451 26205 145215 1451. '126204 14521 1451 145217 ' 126203 \ 1451 126202 145218 . c � . 114723 145219 • 1451• o r 145220 1451, 'Q4 114722 145221 66367 — streets 4583' 114721 1451 ,, s. ! \ 362 Feet s 145179 /,/ _66309\ 1 a Selected Property