Loading...
ORD 1073 10/07/2013 or c, 0.„.,_o_rho Te,x AS "City of Choice" ORDINANCE NO. 10 7 3 AN ORDINANCE ASSIGNING A PERMANENT ZONING CLASSIFICATION TO A CERTAIN PROPERTY LOCATED EAST OF FM 1103 AND EAST OF SADDLE CREEK RANCH UNITS 1-4, NORTH OF COY LANE AND SOUTH OF HEIGHTS OF CIBOLO; COMPRISED OF APPROXIMATELY 119.5239 ACRES KNOWN AS SADDLE CREEK RANCH UNITS 5-9, FROM AGRICULTURAL (AG) TO HIGH DENSITY SINGLE-FAMILY RESIDENTIAL (SF-3); 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 assign permanent zoning to a certain section of real property; 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, 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, September 11, 2013 at 6:30 p.m. in the Cibolo City Hall; and, the second public hearing being conducted by City Council on Tuesday, September 24, 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 permanent zoning of 119.5239 acres to SF-3; 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 recommendations of the Comprehensive Plan and would promote public health, safety and general welfare; and WHEREAS, the proposed SF-3 zoning designation is consistent with the development standards used by the developer to prepare the Land Study of Saddle Creek Ranch Units 5-9, which was subsequently approved by the City of Cibolo City Council; and NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS: SECTION I. THAT An approximately 119.5239 acre parcel of property east of FM 1103 and east of Saddle Creek Ranch Units 1-4, north of Coy Lane and south of Heights of Cibolo, being more specifically defined on Exhibit"A", is hereby rezoned from AG to SF-3. 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 7th DAY OF October, 2013. • oLtA1 C1j�h / Jennifer man Mayor, City of Cibolo ATTEST: re---//i Z3?-2.4.------- _ . ,. Peggy Cimics . ` City Secretary, City of Cibolo - - t EXIIIBIT A: Rezoning Exhibit(Legal Description) Baitera Land SAkivOyiiig -7715 rylaililtind Deivd.,1§.ite 114 San,AatoiliO.Tikas 78250 (210)-444992 : -(210)444-9479(fax) dliiasatx@yahoipamal STATE,OF TEXAS COUNTY'OFFIEXAR LOA L DESCRIPTION "For 719.5239 Acre Tract - FIEUD NOTES describing:a 119.5239 acre:tract.of land.being out of and part of a 119_539:acre tract of land as described in deed recorded in-Volume 1504. Page-513. of the Official Public 1,2cededg:cif citiiidaldpqrdtarity,"trc.*, .Said 119.5239acre tract of land,being mere'partienlarly described as follows: BEGINNING': ....2kt a found 1/27isteel-rod'orilhe eat,.dorrigr-df Saddle Creek SithdiriaiOn Unit 1.Voltimel..-Pages 755L.760.,Map anriPlatitecords;,Gteichilupe County.Texas.for the.,StinthweSt corner,ofthis:.herein de'scribked tract; THENCE: N 30°443-1:0 W,along the-west boundary line of said 119.5 39 acre trect,a distance a 3243.99 feet to a found I/27'steel rod"On,tbe.SOuth,-boundary line-sof The-Heights Of Cibolo Stihdivithion.Unit-i.Vrilume.7.Pages 176- 1 7S,-Map and Flat Records: Guadalupe 'County; Texas. and for the' northwest Corner'ofiltisherein described tract: THENCE: N'595313"E.along-With the nerd: btiundary ,Of said 119i39 acre tract a distaiice f 1455.70.feet to a found 1t 2"steel rod.int the:northeaSt corner of this herein described tract: THENCE: S 30°04-00?E.along the east-boundary line of said'119.539 acre tract a distance of I 521,64_feet-tq_a found 1/2 steel rod an,the e4;stilopndary,line. of said119,539eoretrtetfor`a corder of thisherein described traCt; THENCE: N 50905%4r''E..a distance of 219.90feet to a.found 1/2e-steel red on the east boundary-line cif said:119.539-acre inlet for a carrier of this herein described.tract; THENCE: S 50'04'08-'E..alena the,east boundary line of said 119.539'adre tract,rt distance of 133927 feet to.a set 1/2 steel rod,with a cap marked-RPES 5215'.;for-a_coiner afthislierchi-deseribed tract; THENCE: rs.1'59°27.99-,-E. a.distariee of-109.$3 Feet to albund 1/2—Steel rodfor a corner of this herehrdescribed tract: THENCE: S 30*13,-00-- distaite.e of 40273'feet to ti fOund Pr steel„rod on the. southeast-comer of said 119.539 acre tract and,fOr:a,corner,of this-herein de,§cril? "cl trriet; THENCE S 60'16-36-W.along the south boundary line of said 119.539.acre Iract'a diStande f20448&th the POINT OF BEGINNINQ. Containing 119.5239:acres of land (5206.462 SQ.FT.),more or less. Survey prepared this idate. -llac;1209-201-1 ............ N•47,r,,a • rf "- DAVV.3, • - • 2 4,o D4vidNo:-5236 _ Job No. 150-11 r 1 IOGRON MAP .. J 1FfFIdIl. wm,sl na o. l P ' ®wo yr vmw e 11193rN G i : vR s00.0.1.000.0.1.0vuaalo�Ni'm� aon rL ro.0 =u w $., 1 Ca l i _....m..,m 6V _ s ram.e 9rt.N pl ` !!CJ I 113.5239 ACRES I _ I ;ty N t R• i II VOLUME 1504,PACE 513 / I kE �Lp Cgig II s '� I' f I iI td a5 Ii1 ( ,,.../' `.... DLLs 1141 {1 • •0 ll D11 t ..s..g• —., or..• 1 �"--� N II 0 Jki t • \ , , R::F TITLED 1117K rao.011001919 Rig _ It • cm IV ._M"'=M» r. Dill.'1 ;—:Ii-' ql ' ,:( ':'.� Pu:K ( .p i; �; ... yr yr ,slim UV, f 2.13 A „v. W. Cr .,d ., ;� �. I1ll ..aw ...�a.,.. alt ,.r >� mW...« m itl a � 1 b � mw Fa�~;:K Ill waCa� CERTIFICATE OF SURVEYOR W ie, 0 `Y II SURVEI'Or R'S NOTES c,.......,,,,,,,,,,,, arcw.e i"• ..' II III >. .::=". ^ UNDSLPIYEYVJO \\ am a w ws2(00/0,; Ihryy`-JC II GRAPHIC WALE oe ...+a.ur.wm+nv........e..w w..,,. .R ` 4