ORD 1237 07/10/2018 of C/
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"City of Choice"
ORDINANCE /aZ 3 7
AN ORDINANCE TO REZONE CERTAIN REAL PROPERTY LOCATED AT
THE NORTHEAST CORNER OF FM 1103 AND SCHNEIDER DRIVE,
COMPRISED OF 2.555 ACRES FROM RETAIL/OFFICE (C-3) TO GENERAL
COMMERCIAL(C-4); 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 211.005 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 2.555 acres located at the Northeast
corner of FM 1103 and Schneider Drive, from the current zoning of Retail/Commercial (C-3)to General
Commercial(C-4); and
WHEREAS, two public hearings were held to discuss the rezoning to the real property described herein;
with the first public hearing being conducted by the Planning&Zoning Commission on Wednesday, June
13, 2018 at 6:30 p.m. in the Cibolo City Hall; and, the second public hearing being conducted by City
Council on Tuesday, June 26, 2018 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 2.555 acres from C-3 to C-4, as described herein and depicted in Exhibit A; and
WHEREAS, legal notice notifying the public of both public hearings on the rezoning to the real property
described herein, was published in the Seguin Gazette, a newspaper of general circulation in the City of
Cibolo, on May 27, 2018 and May 29, 2018, 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 rezoning 2.555 acres of real property located at the Northeast corner of FM 1103 and
Schneider Drive from the current zoning of C-3 to C-4, 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.
1
NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO,TEXAS:
SECTION I.
THAT the 2.555 acres located at the Northeast corner of FM 1103 and Schneider Drive shall be rezoned
from Retail/Commercial (C-3) to General Commercial (C-4) a depiction of which is more specifically
defined in Exhibit"A".
SECTION II.
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 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 this ordinance is not severable.
SECTION VI.
THIS ordinance will take effect its passage, approval and publication as provided by law.
PASSED,APPROVED,AND ADOPTED THIS 10th DAY OF JULY,2018.
Stosh Boyle
Mayor, City of Ci olo
ATTEST:
/
Peggy Cimics,TRMC
City Secretary,City of Cibolo
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Exhibit A: Rezoning Exhibit (Legal Description)
LEGAL DESCRIPTION
2.555 ACRES OF LAND
2.555 acres of land located in the A.S. Lewis Survey No.78,Abstract No.216,City of Cibolo,Guadalupe County,
Texas and being a portion of that certain tract of land conveyed to HerbertA.Mueller,as described in Volume 326,
Page 573,Deed Records of Guadalupe County,Texas,as amended by Affidavits of Heirship recorded in Document
Numbers 201602557 and 2016025558,Official Public Records of Guadalupe County,Texas;said 2.555 acres being
more particularly described as follows:
BEGINNING,at a found 1/2 inch iron rod located in the southeasterly right of way line of F.M. Highway 1103 and
marking the southeasterly corner of the Replat of FM 1103 Industrial Park Subdivision,according to the map or
plat thereof recorded in Volume 8,Page 372,Plat Records of Guadalupe County,Texas;
THENCE,South 69deg 10'26"East,leaving the southeasterly right of way line of F.M.Highway 1103 and along the
southwesterly line of the said Replat of FM 1103 Industrial Park Subdivision,a distance of 514.25 feet,to a set V2
inch iron rod with"CUDE"cap;
THENCE,leaving the southwesterly line of the said Replat of FM 1103 Industrial Park Subdivision,and into the said
Mueller tract,the following courses:
South 20deg 58'17"West,a distance of216.64 feet,to a set V2 inch iron rod with"CUBE"cap;
North 69deg 10'26"West,a distance of 513.42 feet,to a set 1/2 inch iron rod with"CUBE"cap located in
the southeasterly right of way line of F.M.Highway 1103;
THENCE,North 20deg 45'07"East,along the southeasterly right of way line of F.M.Highway 1103,a distance of
216.64feet,to the POINT OF BEGINNING and containing 2.555 acres(111,317 square feet)of land,more or less.
Basis of bearings is the Texas State Plane Coordinate System,South Central Zone(4204),NAD 83(93).
James W.Russell --OF i��,`
Registered Professional Land Surveyor No.4230 0;,-G�,sTti,^=f;'��'
Cude Engineers co 45, i,- `'i -tP
4122 Pond Hill Road,Suite 101 'JAMES'N. BUBBLED
San Antonio,Texas 78231 `s"�" 2 � "':"
TBPLS Firm No.10048500 \,f'' o r: '� '���/
TBPE Firm No.455 "`.\ �H ;--�
Job No.03207.000.0 -,.z;r.i%
April 4,2018
J.W.R.
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EXHIBIT A: Rezoning Exhibit (Graphic Illustration)
Exhibit A
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Properties in 200' Notification Area .0-az
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Parcel Boundaries
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EXHIBIT B: Updated Official Zoning Map - City Of Cibolo, Texas
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