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ORD 1219 10/10/2017 o� JA Tf X Pr' ORDINANCE AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS,AMENDING ORDINANCE 4841, PREVIOUSLY KNOWN AS THE OLD SPANISH TRAIL PLANNED DEVELOPMENT; REVISING THE ZONING CLASSIFICATIONS OF APPROXIMATELY 80.480 ACRES LOCATED ALONG AND SOUTH OF M-35 AND NORTH OF THE LANTANA SUBDIVISION, NOW REFERENCED AS THE CIBOLO CROSSING PLANNED UNIT DEVELOPMENT;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Texas Local Government Code Section 211.004 provides that zoning regulations and district boundaries must be adopted in accordance with a duly adopted Comprehensive Plan; and WHEREAS, Texas Local Government Code Section 211.002 authorizes the City of Cibolo, as a home- rule municipality, to adopt, repeal or amend zoning district boundaries in order to promote the public health, safety and general welfare of the City; and WHEREAS, Section 9.02 of the City Charter of the City of Cibolo also provides that the City Council with the authority to fix City zoning district boundaries by ordinance, and provide for the alteration of said boundaries in any manner provided by law; and WHEREAS, Section 4.7.4.1., (entitled "Planned Unit Development (PUD) Districts Regulations) authorized the designation of land as a planned Unit Development District in order to allow the land to be developed as an integral unit for single or mixed-uses in accordance with a plan that may vary from the established regulations of other zoning districts, with the objective of observing good zoning practices while allowing certain desirable departures from the strict provisions of specific zoning classifications; and WHEREAS, pursuant to Section 4.7.4.1.; on May 13, 2008, City Council adopted Ordinance No. 841 establishing the"Cibolo Crossing at Old Spanish Trail Planned Development'; and WHEREAS, the city of Cibolo received an application to amend the Cibolo Crossing at Old Spanish Trail Planned Development"to Cibolo Crossing Planned Unit Development;and WHEREAS, two public hearings were held to discuss the amendment of the PUD described herein; with the first public hearing being conducted by the Planning&Zoning Commission on Wednesday, September 13, 2017, at 6:30 p.m. in the Cibolo City Hall; and, the second public hearing being conducted by City Council on Tuesday, September 26,2017 at 6:30 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 PUD amendment as described herein and depicted on Exhibit A;and WHEREAS, legal notice notifying the public of both public hearings on the property proposed to be rezoned, was published in the Seguin Gazette, a newspaper of general circulation in the City of Cibolo, on August 27,2017, and August 29, 2017,with said publications provided more than fifteen (15) days prior to the public hearing before the City Council; and (00306784) WHEREAS, written notice of the above public hearing before the Planning and Zoning Commission 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 property that is the subject of the PUD amendment,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, hereby determines that the amendment of the Cibolo Crossing at Old Spanish Trail Planned Development Exhibit"A"is in accordance with the City's Comprehensive Plan. NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS: SECTION I. THAT approximately 80.480 acres of real property located along and south of IH-35 and north of the Lantana Subdivision shall be rezoned by the Amendment to the existing Planned Unit Development(PUD) District,as depicted more specifically defined on Exhibit"A". SECTION H. THAT the zoning map of the City of Cibolo is hereby amended to reflect the new zoning designations created by this Ordinance,being more specifically defined on Exhibit`B". SECTION M. 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 this ordinance is not severable. SECTION VH THIS ordinance will take effect its passage, approval and publication as provided//by law. PASSED,APPROVED,AND ADOPTED THIS /0 DAY OF 12017. CIBOLO,TEXAS Allen Dunn Mayor, City of Cibolo ATTEST: Peggy Cimics City Secretary, City of Cibolo (00306784)