ORD 1215 09/12/2017AN ORDINANCE ASSIGNING A PERMANENT ZONING CLASSIFICATION
OF CERTAIN REAL PROPERTIES LOCATED AT 521 WEIL ROAD,
COMPRISED OF APPROXIMATELY FOUR (4) ACRES FROM
AGRICULTURAL HOMESTEAD (AG) TO PLANNED UNIT DEVELOPMENT
(PUD) TO ALLOW USES WITHIN THE TWO-FAMILY RESIDENTIAL
DISTRICT (TF -1) AND 1.8 ACRES FROM AGRICULTURAL HOMESTEAD
(AG) TO SINGLE-FAMILY RESIDENTIAL (SF -1); 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, the City of Cibolo received an application to rezone approximately four (4) acres located at
521 Weil Road, from Agricultural (AG) to Planned Unit Development (PUD) to allow uses allowed in the
Two -Family Residential District (TF -1) and 1.8 acres from Agricultural (AG) to Single -Family Residential
(SF -1); and
WHEREAS, three public hearings were held to discuss the rezoning to the real properties described
herein; w it h the first public hearing being conducted by City Council on Tuesday, August 8, 2017 at
6:30 p.m. in the Cibolo City Hall with the second public hearing being conducted by the Planning &
Zoning Commission on Wednesday, August 9, 2017 at 6:30 p.m. in the Cibolo City Hall; and, the third
public hearing being conducted by City Council on Tuesday, September 12, 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 rezoning of 3.5 acres from AG to SF -1, as described herein and
depicted in 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 July 23, 2017 and July 25, 2017, with said publications provided more than fifteen (15) days prior to
the public hearing before the City Council; and
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 properties 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 Planning and Zoning Commission recommended and the City Council,
therefore determined that revising the zoning classifications of certain real properties located
521 Weil Road, four (4) acres from AG to PUD to allow uses allowed in the TF -1 and 1.8 acres from AG
to SF -1, as reflected in the attached Exhibit "A" would be in accordance with the City's
Comprehensive Plan and would be in the best interest of the City.
NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS:
SECTION I.
THAT the property subject to this Ordinance is a 5.8 acre tract legally described by the metes and
bounds attached hereto as Exhibit "A" and that has been assigned the physical address 521 Weil
Road, Cibolo, Guadalupe County, Texas,
SECTION II.
THAT as depicted in Exhibit "B", four acres of the 5.8 acre tract shall be rezoned from Agricultural
(AG) to Planned Unit Development (PUD) to allow uses allowed in the Two -Family Residential District
(TF -1) and the remaining 1.8 acres shall be rezoned from Agricultural (AG) to Single -Family Residential
(SF -1).
SECTION III.
THAT all uses and development standards of the Two -Family Residential District (TF -1)
zoning district designations of the Cibolo Unified Development Code, as amended, shall govern
the development of the four (4) acres of the residential in accordance with this Planned
Unit Development, Concept Plan attached hereto as Exhibit "C"; and further provided that
compliance with the recommended conditions of the P&Z are achieved. Said conditions are as
follows:
Maximum of 2 residential lots with a minimum lot width at front building setback line of
65 feet and a minimum overall lot area of 8,775 square feet.
2. Minimum side building setback line at 7.5 feet for all residential lots.
SECTION IV
THAT subject to the conditions stated in Section II1, the zoning map of the City of Cibolo is
hereby amended to reflect the new zoning designations created by this Ordinance, as shown on
Exhibit 'D", attached hereto; provided all other applicable requirements of the Cibolo Unified
Development Code are followed.
SECTION IV
THAT all references herein to the Cibolo Unified Development Code shall mean the Cibolo
Unified Development Code as may be amended, re -codified or otherwise revised and such
amendment, recodification or other revision shall apply to this Planned Unit Development.
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.
THAT this ordinance is not severable.
SECTION VH
SECTION VIII
THIS ordinance will take effect upon its passage, approval and publication as provided by law.
PASSED, APPROVED, AND ADOPTED THIS DAY OF e n er , 2017.
ATTEST:
9yh
Peggy Cimics
City Secretary, City of Cibolo
EXHIBIT A: Rezoning Exbibit (Legal Descriptio„
Allen Dunn
Mayor, City of Cibolo
METES AND BOUNDS
Being 5.800 acres of land, more or less, out of the Sexto Dominguez Survey No. 152, Abstract
110, in Guadalupe County, Texas and being that same property conveyed in a Will recorded in
Document No. 2017003574 and described in a Warranty Deed with Vendor's Lien recorded in
Volume 544, Page 44, Official Public Records, Guadalupe County, Texas, said 5.800 acres being
more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found for the South corner of this 5.800 acres, same being
on the northwest Right -of -Way line of Weil Road and the southeast corner of the JHFS Holdings,
LLC 7.398 acres (Document No. 2017004154), same also being the POINT OF BEGINNING;
THENCE along the line common to this 5.800 acres and said JHFS Holdings 7.398 acres, North
31 degrees 24 minutes 07 seconds West (called North 30 degrees 13 minutes West), a distance of
496.39 feet (called 496.72 feet) to a 1/2 inch iron rod found for the West corner of this 5.800
acres, same being the North corner of said JHFS Holdings 7.398 acres and on the southeast line
of a variable width drainage easement in the Cibolo Vistas Subdivision, Phase 3-B (Volume 8,
Page 37);
THENCE along the line common to this 5.800 acres and said Cibolo Vistas Subdivision, Phase
3-13, North 58 degrees 57 minutes 36 seconds East (called North 60 degrees 04 minutes East), a
distance of 510.36 feet (called 509.88 feet) to a 1/2 inch iron rod found for the North Corner of
this 5.800 acres, same being the West corner of the Gregory Randall Umsted, et ux 4.19 acres
(Volume 2589, Page 304);
THENCE along the line common to this 5.800 acres and said Umsted 4.19 acres, South 30
degrees 57 minutes 27 seconds East (called South 29 degrees 51 minutes East), a distance of
497.49 feet (called 497.46 feet) to a 1/2 inch iron rod found for the East corner of this 5.800
acres, same being the South corner of said Umsted 4.19 acres and on the northwest Right -of -Way
line of said Weil Road;
THENCE along the northwest Right -of -Way line of said Weil Road, South 59 degrees 05
minutes 05 seconds West (called South 60 degrees 09 minutes West), a distance of 506.51 feet
(called 506.70 feet) to the POINT OF BEGINNING, and containing 5.800 acres of land, more
or less.
I hereby certify that these field notes were 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, A survey plat of the above described tract prepared this day is hereby attached to
and made a part hereof. Bearings shown herein are based on actual GPS observations,
Texas State Plane Coordinate, South Central Zone, Grid.
Mark J. Ewald
Registered Professional Land Surveyor
Texas Registration No. 5095
May 15, 2017
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EXHIBIT D: Updated Official Zoning Map - City Of Cibolo, Texas
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