ORD 1060 07/23/2013 pF c/o
OC
,*
•
TA. .
e x A5
"City of Choice"
ORDINANCE 10 6 0
AN ORDINANCE ASSIGNING PERMANENT ZONING TO 5.002 ACRES
ANNEXED INTO THE CITY OF CIBOLO ON JULY 9, 2013; LOCATED ON
WEIDNER ROAD EAST OF TOWN CREEK EAST, FROM THE
AGRICULTURAL (AG) DISTRICT TO THE RURAL SINGLE-FAMILY
RESIDENTIAL (SF-1) DISTRICT TO ALLOW RURAL SINGLE-FAMILY
RESIDENTIAL DEVELOPMENT, AS PERMITTED IN THE SF-1 ZONING
DISTRICT, PER THE DEVELOPMENT STANDARDS OF THAT DISTRICT;
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 annex and rezone certain sections of real
property described in Exhibit"A"of this ordinance into the City of Cibolo; and
WHEREAS,the City of Cibolo annexed the said property on July 9, 2013; and
WHEREAS, the said property, upon annexation, was automatically zoned Agricultural (AG), per the
requirements of the Cibolo 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,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 property 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 below; 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 July 10, 2013 in the
Cibolo City Hall; and,the second public hearing being conducted by City Council on July 23,2013 in the
Cibolo City Hall; each being conductedfor the purpose of providing all interested persons the opportunity
to be heard concerning the assignment of permanent zoning to the 5.002 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,
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 5.002 acre property referenced in Exhibit"A" is hereby rezoned from the Agricultural
(AG) district to the Rural Single-Family Residential (SF-1) district, with the Zoning Map amended as
shown in Exhibit B, and shall be governed by all SF-1 development standards and other requirements of
the Cibolo Unified Development Code, as amended.
SECTION II
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 VII
THIS ordinance will take effect its passage, approval and publication as provided by law.
PASSED,APPROVED,AND ADOPTED THIS DAY OF fl1 y , 2013.
JAit fifer Ha an
Mayor,City of Cibolo
ATTEST:
Peggy Cimics
City Secretary, City of Cibolo •
EXHIBIT A (Page 1 of 2)
Legal Description
4- n C.M. \
2b`�6��$'...-.-
\,\ 2`ccs
5g1L - ��^
LINE: REARING DISTANCI.
.' ' 6 - LI S 59.05'39"W 32.72'
\3`.� (LI) (S 59'28'52"W) (32.65')
L2 S 59"32'33"W 64.36'
FENGE, •
1N 0 6
Z SCALE: 1"=100'
N�1 O. P�
REMAIN/NG PORTION OF
a C' 50.315 ACRE TRACT
0 sl:. VOL
VOL 879, PG 175
wU IJ
N
�•pT ��cp
.mow �� 0'
SCHLATHER INVESTMENTS. LLC SUBJECT TRACT
143.06 ACRES 217877 50. FT.
VOL 3005, PG. 73 5 002 ACRES
Z
47"N
W
O
Uz
(P 0 B
.P \.1 i/
�r AA
9 9
NOM No rr£smicnvf COVENANTS OF RECORD PERE 5 i 10N• �O
fOLIND. •
BEARINGS SHORN HEREON ARE BASED ON /� ��\ ��
RECORD PLAT INDICATED BELOW. �t1 �!
THIS SURVEY IS �1`.
ACKNOWLEDGED AND
IS ACCEPTED:
FLOOD ZONE INTERPRETATION: IT IS THE RESPONSIBILITY OF ANY INTERESTED PERSONS TO art THE ACCURACY OF FEMA 8000 ZONE DESIGNATION OF 11115 PROPERTY KITH FEMA AND STATE
AND LOCAL OFFICIALS.AND TO DETERMINE 111E EFFECT RUT SUCH DESIGNATION MAY HAVE REGARDING TE INTENDED U0S5EE,�OF THE PROPERTY.They mode the.ubJect of thN wvwY
Y.dud
appears I.be ed M now a FEMA ood Irwinpow..Mop(FRIM).towns..w Co.o....fy Na 46167C.Pane No.0230 F Mach Y Doted 11-02-2007.By toeing Nam:hot now R
.gpeara that dl or a portion of ane property may be In Flood Zein(') X .Beta...this M warms Noonday wmthe Nevey db not ter.ane IND..bo dMat.Ma Dm flood Zone Moto.of Me
NMyed pop.rty ether than to Interpret the e.farmalb...t aut an FLMA'0 F .as deeolbed saw.ENS SURVEYOR DOES NOT rev THE ACCURACY OF THIS INTERPRETATION OF THE FLOOD
ZONES which may noteke Me Interpretations of FOIA or Mate a bwow*,.sed• M Wee may not Ott'.the Poet'.aetud...ORM..More I.tam aa.c
metlereng MIA..Specht
..
Need Hazard ArefadaZne,mei be taehd M nits://eee.f h.syoo/I.de.Mob...
v Property Address:
WEIDNER ROAD
Property Description:
Being 5.002 Ones ofload,male or less,out of the TYimdsd Garcia Survey Namber 94,Abstract 137 Guadalupe
County,Teas,and also being out ofa 50.317 awe tract ddactbad in Volume 879,Page 175,Official Public
Records,Qwdalupe County,Tawas,and being that same tract of land desmbed m a Release of Lien nocofdedm
Volume 3195,Page 1044,Official Public Records,Guadalupe County,Tams,said 5.002 awes being noon
particularly described by metes and bawds amecbcdhereto.
Owner:
ALEJANDRO OROZCO AND JOSE ORTEGA
v LEGEND v -_—_ ''I,MARK J. EWALD,Registered ProfaaMand
• e lir ROI+ROD TO 9E SET _ = O f Land Surveyor, State of TOO.., do hereby
-FMD 1/2'NOH R00 certify that the above plat represent.on
• ••t..4 octad ewv.y mode the ground under y
B_5. a RECORD AOtTON ��'QN.. *.9lQ 5/e• ; .uperet on, and there or.no d boundary
W e s t a r C.M. -CONTROUINC MDNUMENT or shortage.o .area a �y
.Fra MwJNG a conflicts,
OrnY encroachment overlapping of
MARK J.EINALD • Improvements. to h best of knowledg
Alamo =DRIER VALVE T• vz r and belief, opt .h herein.
DROUGHT IRON FENCE ro sons i• ,
LAND SURVEYORS.LLC. rv,irO FF S sv.t.�ic'r
P.O.BOX 1036 NELOTES.TEXAS 71023-1036 - S UP. —
PRONE(210)372-9600 FAX(210)372-9999 DRAWN 8Y: JW -. - — MARK J. EWALD
Registered Professional Land Surveyor
C.F. NO. 1222213-SHSA JOB NO.55126 TILE COMPANY:INDEPENDENCE TITLE DATE:10-16-2012 ^ Texas Realstration No. 5095
EXHIBIT A(Page 2 of 2)
Legal Description
METES AND BOUNDS
Being 5.002 acres of land,more or less,out of the Trinidad Garcia Survey Number 94,
Abstract 137,Guadalupe County,Texas,and also being out of a 50.315 acre tract described
in Volume 879,Page 175,Official Public Records,Guadalupe County,Texas,and being that
same tract of land described in a Release of Lien recorded in Volume 3195,Page 1044,
Official Public Records,Guadalupe County,Texas,said 5.002 acres being more particularly
described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found for the southeast corner of this 5.002 acres,same
being the lower southwest corner of the remainder of said 50315 acres and on the northwest
Right-of-Way line of Wiedner Road,same also being the POINT OF BEGINNING;
THENCE along the northwest Right-of-Way line of said Wiedner Road the following
courses and distances:
South 59 degrees 05 minutes 39 seconds West(called South 59 degrees 28 minutes
52 seconds West),a distance of 32.72 feet(called 32.65 feet)to a 1/2 inch iron rodset
for an angle corner;
South 59 degrees 46 minutes 42 seconds West,a distance of 192.66 feet to a 1/2 inch
iron rod set for an angle corner;
South 58 degrees 45 minutes 19 seconds West,a distance of 101.14 feet to a 1/2 inch
iron rod set for an angle corner;
South 59 degrees 32 minutes 33 seconds West,a distance of 64.36 feet to a 1/2 inch
iron rod found for the southeast comer of this 5.002 acres,same being on the lower
East line of the Schlather Investments,LLC 143.06 acres(Volume 3005,Page 73);
THENCE along the lines common to this 5.002 acres and said Schlather 143.06 acres the
following courses and distances:
North 14 degrees 23 minutes 05 seconds West,a distance of 491.95 feet to a 1/2 inch
iron rod set for an angle corner;
North 14 degrees 28 minutes 27 seconds West,a distance of 326.73 feet(called
326.79 feet)to a 1/2 inch iron rod found for the northwest corner of this 5.002 acres,
same being an interior corner of said Schlather 143.06 acres;
North,59 degrees 24 minutes 02 minutes East,a distance of 163.67 feet(called
163:78 feet)to a 1/2 inch iron rod found for the North corner of this 5.002 acres,
same being the upper southwest corner of the remainder of said 50.315 acres;
THENCE along the line common to this 5.002 acres and the remainder of said 50.315 acres,
South 30 degrees 31 minutes 08 seconds East(bearing basis),a distance of 786.63 feet
(called 786.55 feet) to the POINT OF BEGINNING,and containing 5.002 acres of land,
more or less.
I hereby certify that these fieldnoteswere prepared from an actual survey made on the
ground under my supervision and are true and correct to the best of my knowledge and
belief. All iron rods set are 1/2 inch rebar. A survey plat of the above described tract
prepared this day is hereby attached to and made a part hereof.
cirriMark J Ewa d '~ 441. #ems ofy ,
Registered Professional Land Surveyor MARK J.EWALD
Texas Registration No.5095 " o
October 16,2012 7N'poC5095 4,::i74t.
SUR -
EXHIBIT B
ZONING MAP
, (Attached)
•
I j
I 1 1
1
I
2
1 ' _u
1 ,
1
1 I tI ,-_____J
:
1
a y __:I /
1 l :
• 1
i
(.: I , i xr
L.---_-- -
•C " 1 _, /_ t
f M78 A.
.%
1 //1c
.::
r_
!._._.I I
1
1 i
1 _ I 1 i
1. ,1 1 :
1(
IA ' i
1 1
1--i
t ( I
•1
2 t'-'� - ii 1
1, I
•_.i 1 1 ;.( I
I. `i '
I Li i 1
137.
1 1 �5
1
:!.....-1.!.-
11
;mow-��.yw-_�_.�, `S 2'f d ls�,7 1-J ` .-r:'
_._.._.� _-\------;;-:11.111-1-----
It
A
i1 r"' —
•� «a�a�R`°M1j ma commonly referred to as the Wed wrelw mace(UDC)
�•�'� n / OFFICIAL ZONING MAP �� ° l "" July 23 °'°""" °"�I°°"""'
Ell City limes U 150 ,.SOO D.000 ' 'SIGNED . --
/[��►/' ® CITY of CisoLo ., Ma>a •
�1 Oboe.ETJ Feel
• •overlay Dema ®Espey .„,.,�,k ATTEST
Peppy am.»a s