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ORD 1004 12/13/2011 OF Ci6 * 141=`-0 z "^WI/N/llll�l TCX Pr' `CITY OF CHOICE" ORDINANCE 1004 AN ORDINANCE AMENDING THE ZONING CLASSIFICATIONS OF CERTAIN PROPERTIES LOCATED IN THE DEVELOPMENT KNOWN AS TURNING STONE, REZONING 19.08 ACRES FROM SINGLE- FAMILY RESIDENTIAL (SF-3) AND NEIGHBORHOOD COMMERCIAL (C-1) TO RETAIL/OFFICE (C-3), REZONING 7.64 ACRES FROM RETAIL/OFFICE (C-3) TO SINGLE-FAMILY RESIDENTIAL (SF-3) AND REZONING 3.39 ACRES FROM SINGLE-FAMILY RESIDENTIAL (SF-3) TO RETAIL/OFFICE (C-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 rezone certain sections of real property to match the proposed boundaries of proposed residential and commercial uses depicted on an amended Turning Stone Land Study; 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 rezoning of certain tracts of real property in the Turning Stone;.with the first public hearing being conducted by the Planning & Zoning Commission on Wednesday,November 9, 2011 at 6:30 p.m. in the Cibolo City Hall; and, the second public hearing being conducted by City Council on Tuesday, December 13, 2011 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 19.08 acres from SF-3 and C-1 to C-3, the proposed rezoning of 7.64 acres from C-3 to SF-3, and the proposed rezoning of 3.39 acres from SF-3 to C-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 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 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; and WHEREAS, the City Council has determined and found that the proposed rezoning application is accordance with the Amended Turning Stone Land Study, attached hereto as Exhibit"A". NOW,THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS: SECTION I. THAT a 19.08 acre parcel of property along the west side of FM 1103, north of Green Valley Road, being more specifically defined on Exhibit "B", is hereby rezoned from SF-3 and C-1 to C-3. THAT a 7.64 acre parcel of property along the east side of FM 1103, north of Green Valley Road, being more specifically defined on Exhibit"B", is hereby rezoned from C-3 to SF- 3. THAT a 3.39 acre parcel of property along the east side of FM 1103, and north of Green Valley Road, being more specifically defined on Exhibit"B", is hereby rezoned from SF-3 to C- 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 13th DAY OF December, 2011. moi' vVr` nnifer 1+ an Mayor, ity of Cibolo ATTEST: (3 ,,.,,,,.,.,,;;, l .e-_7q7 Peggy Cimics City Secretary, City of Cibolo EXHIBIT A: Amended Turning Stone Land Study -___ _ 7 ,,,,. ,_____ 4�'�„ (r q h A i ‘,, i \ -' ------ 1 - \°P AI is ------- in iii 1 , ,,..., al i I i , r \ ,I, ., i i \,..,.., 1 1 al 1 1 i 1 ..., . ____,, , ...... , N.., I ; ii .........„, 1 ___,...___,,__:....„ ...1 Diii 4 , •-•,.. i N, ------tE^6.3.--:---11.7) t k f a I1iz>v 111 ,;x.-.-:f �, ' Ili I •__..i ;m.. 0 „.--... 111 4) NM= IIMEMEN13 iiil, ‘ {alb `r • 1 Wool n :' pLi g ! 8i 197p �}0 Ili v, ,161 5 ■ if,d ti !rut+;;( !tel ■ d r 11 '��e 1 i 11 ii NI ,1 ) t i ~` �' 1 1 fig { 1 ill! ROO --, i N.,1 1111.20 \ ri \ \ ktohan mi. , .:.r_________ , \,. t , Nyi ,, T--., N .iimommitio. f',//"1 Ci .,,,.. ,....: , -mat ' --r-v,_,_\ ssi.: ) (f „. .. : i . ,.., / , .‘„, , \ .., cW-Asi 1 ? 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