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ORD 1237 07/10/2018 of C/ A "0 y 0 r_o ''3-flh'I nnn@�P TeX Ar' "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 2 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. 3 EXHIBIT A: Rezoning Exhibit (Graphic Illustration) Exhibit A m � �� °0� Symbology a° 0 Caliber Rezone Properties in 200' Notification Area .0-az (65 I 1200' Notification Area Fa � R Parcel Boundaries 11 0 0.03 0.05 0.1 Miles 139834 4091641107 SChN���FR.pR 40915 ‘.1‘^�o 156721 CG eT 156724 166883 AM Pp, Ro 4 EXHIBIT B: Updated Official Zoning Map - City Of Cibolo, Texas 'ill JL,r t ,_ , ate e , Cl9- = _ '°�" '7,-. 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