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ORD 1057 06/25/2013 u , no * 1 z * a t� � TE X AS "City of Choice" ORDINANCE 10 5 7 AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES LOCATED IN THE DEVELOPMENT REFERENCED AS KNIGHT'S CROSSING PLANNED UNIT DEVELOPMENT FROM THE NEIGHBORHOOD COMMERCIAL (C-1) TO THE PLANNED UNIT DEVELOPMENT (PUD) DISTRICT TO ALLOW A MIXED USE DEVELOPMENT COMPRISED OF TWO (2.0) ACRES DESIGNATED FOR USES PERMITTED IN THE NEIGHBORHOOD COMMERCIAL (C-1) DISTRICT AND EIGHTEEN (18.0) ACRES OF USES PERMITTED IN THE MULTI-FAMILY (MF-2) DISTRICT, PER THE DEVELOPMENT STANDARDS OF CIBOLO UNIFIED DEVELOPMENT CODE DESIGNATED FOR THE C-1 AND MF-2 DISTRICTS, RESPECTIVELY; 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 Knight's Crossing Planned Unit Development; 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 May 8, 2013 in the Cibolo City Hall; and, the second public hearing being conducted by City Council on May 28, 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 the 20.0 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 April 21, 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 20.0 acre property referenced as Knight's Crossing Planned Unit Development, as is more particularly described in Exhibit "A" is hereby rezoned from the Neighborhood Commercial (C-1) district to the Planned Unit Development (PUD) district to allow a mixed use development comprised of uses permitted in the C-1 and MF-2 zoning districts. SECTION II THAT, the Planned Unit Development established by this ordinance shall allow a mixed use development comprised of 2.0 acres of uses permitted in the C-1 zoning district and 18.0 acres of uses permitted in the MF-2 zoning district zoning districts in accordance with the Mixed Use Concept Plan attached hereto as Exhibit `B-1 and B-2" and by all other applicable requirements of the Cibolo Unified Development Code, as amended. SECTION III THAT all development standards of the C-1 and MF-2 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-1 and B-2". SECTION IV THAT the Knight's Crossing Planned Unit Development shall be permitted one (1) integrated free standing monument sign that integrates the name of the development project and the names of tenants and designed in a manner that incorporates and compliments the design themes, colors and exterior building materials typical in the Knight's Crossing PUD, in accordance with all requirements of the Cibolo Sign Ordinance. SECTION V 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 VI THAT all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent that they are in conflict. SECTION VII 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 VIII THIS ordinance will take effect its passage, approval and publication as provided by law. PASSED,APPROVED,AND ADOPTED THIS 25th DAY OF June. 2013. 4741 11::& J fer L. . I an Mayor, City of Cibolo ATTEST: Peggy Cimics City Secretary, City of Cibolo :gs' EXHIBIT A: Legal Description -1111H0C--- MACINA • BOSE • COPELAND and ASSOCIATES, INC CONSULTING ENGINEERS AND LAND SURVEYORS Texas Registered Engineering Firm F-784 1035 Central Parkway North,San Antonio,Texas 78232 EN I NEER S 1210)545-1122 FAX 1210)545-9302 www.mbcenglneers.com METES AND BOUNDS DESCRIPTION OF A 20.00 ACRE (871,220 SQUARE FEET) TRACT OF LAND OUT OF A CALLED 155 ACRE TRACT CONVEYED BY EMIL WEIDERSTEIN TO XAVIER RITTIMAN BY DEED DATED MARCH 27, 1928 AND RECORDED IN VOLUME 99, PAGES 241- 242, OF THE DEED RECORDS OF GUADALUPE COUNTY, TEXAS, AND BEING OUT OF THE TRINIDAD GARCIA SURVEY NO. 94, GUADALUPE COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED IN A CLOCKWISE MANNER AS FOLLOWS: BEGINNING: At a found 60D Nail in post, said found 60D Nail being the south west corner of said 20 acre tract, said found 60D Nail being on the north right-of-way line of Farm Market 1103 Road (a public right-of- way varies) ; THENCE: N 30°07' 00" W, 2171.00 feet, leaving the north right-of-way line of said Farm Market 1103 Road, to a found %" iron rod at the north west corner of said 20 acre tract; THENCE: N 60°00' 00" E, 401.30 feet, to a set '/p" iron rod and cap "MBC"; THENCE: S 30°07'00" E, passing a found %" iron rod at a distance of 780.60 feet, being at the northwest corner of Cibolo Valley Ranch Subdivision Unit 3, as recorded in Volume 7, Page 80 of the Plat Records of Guadalupe County, Texas, continuing along and with the west line of said Cibolo Valley Ranch Unit 3 a total distance of 2171.00 feet, to a set W" iron rod and cap "MBC", said set %" iron rod being on the north right-of-way line of said Farm Market 1103 Road; • Page 1 of 3 P:\Cibolo\30873-Knights Crossing Residence\Letters\20.00 Ac 040813.doc THENCE: S 60°00'00" W, 401.30 feet, along and with the north right-of-way line of said Farm Market 1103 Road, to the point of beginning of this tract. I, Joe Edward Higle, Registered Professional Land Surveyor do hereby affirm that this description is based on the results of a survey made on the ground by the firm of Macin- Bose, Copeland and Associates, Inc. , of which a survey m-„{ .'.Vr i;4.;-n prepared. • y` + sNF JOE :DW' ' � 8@....�y�.... 'Y . NO. 4788 REGI.TERED'.� '4P' r I• LAND SURVEYOR 30873-Cibolo sURs1r .� April 8, 2013 JEH/nt Page 2 of 3 P:\Cibolo\30873-Knights Crossing Residence\Letters\20.00 Ac 040813.doc IMME11111117EEN ii 71 ;.1 oce \ Og-1, 17 _... 00 70 Stni 11/4........-44 / 74 1 ..t. Z tt I PP C1301:* VPLIET Itkatc % St:MA/TOW 1.10T-3 _f; CfAll-7,PCI.CO \\...,,,.........„51D01.0 VALLEI afftrati ; L. 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