ORD 1253 01/22/2019y O.f,.,,,. /&
R on
Ci �a 1 =zp
# 3 i
T e X N
ORDINANCE 5 3
AN ORDINANCE APPROVING THE REZONING OF A ONE ACRE TRACT OUT OF
A 3.0 ACRE TRACT LOCATED AT 1537 BOLTON ROAD FROM GENERAL
COMMERCIAL (C-4) TO MANUFACTURED HOME RESIDENTIAL (MH -1);
DECLARING COMPLIANCE WITH MUNICIPAL ZONING REGUATIONS, STATE
LAW, PUBLIC NOTICE AND HEARING REQUIREMENTS, INCORPORATING
RECITALS; REPEALING ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT; PROVIDING FOR SEVERABILITY AND DECLARING 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 from Mr. James Calhoun to rezone 1.0 acre out of
his 3.0 acre tract located at 1537 Bolton Road, from General Commercial (C-4) to Manufactured Home
Residential (MH -1); and
WHEREAS, two public hearings were held to discuss the rezoning to the real properties described
herein; with the first public hearing being conducted by the Planning &c Zoning Commission on
Wednesday, January 9, 2019 at 6:30 p.m. in the Cibolo City Hall and the second public hearing being
conducted by City Council on Tuesday, January 22, 2019 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 1.0 acre from C-4 to MH -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 December 23, 2018 and December 25, 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 hearings before the Planning and Zoning Commission and
the City Council were 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 City Council 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 property located 1537 Bolton Road,
from C-4 to MH -1, as reflected in the attached Exhibit "A" 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 1. AMENDMENT.
A. The zoning district for a one acre tract out of the Residue of called 3.0 acre tract of land in
Guadalupe County, Texas, out of the Jose Flores Survey, Abstract 134, and being a portion of the
3.0 acre tract of land described in the Warranty Deed dated August 20, 2000, recorded at Vol. 1539,
Page 853, Coma] County Deed Records; said 1.0 acre tract being depicted in EXHIBIT "A" (the
"Property"), and incorporated herein by reference, is hereby amended from Commercial (C-4) to
Manufactured Home Residential (MH -1) District.
B. The zoning map of the City of Cibolo is hereby amended to reflect the new zoning designations as
created by this Ordinance, being more specifically defined on EXHIBIT `B".
SECTION 2. DECLARATION OF COMPLIANCE. The City Council finds that all required public
notices for the rezoning of the Property described in EXHIBIT "A" have been published and the public
hearings as required by Municipal Code of Ordinances and state law have been held to consider the
application to amend the zoning district boundary.
SECTION 4. INCORPORATION OF RECITALS. The City Council finds the recitals in the preamble
of this Ordinance are true and correct and incorporates them as findings of fact.
SECTION 5. REPEALER. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance
is for any reason held to be unconstitutional or illegal, such decision shall not affect the validity of the
remaining sections of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance, and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared void; and that in lieu of each clause
or provision of this Ordinance that is invalid, illegal, or unenforceable there be added by the Mayor as
necessary with the approval of the City Attorney as to form, and as a part of the Ordinance a clause or
provision as similar in terms to such invalid, illegal or unenforceable clause or provision as may be possible,
legal, valid and enforceable.
SECTION 7. EFFECTIVE DATE. This ordinance shall become effective upon the adoption of this
ordinance.
PASSED, APPROVED, AND ADOPTED TINS QDAY OF 2019.
ATTEST:
Peggy Cimics
City Secretary, City of Cibolo
Stosh Boyle
Mayor, City 6f Cibolo
COOROINAW FlIE 21279 UD
ORAMN6 PLO: MM C.WN 2CNE CNARM.
NOT3:B90-02
iE<H/DAIE:
H11 -12 -IB
FROiFRTY 10/: Wi OF BD02
pmrya,wm[p
mi >u
v _
1.m.. vee,nm.
_TY Imp un
WI— uu.ax-n ramwt.0
M
wpW me°:enax a.
RSB
EAWlill A: lfezonine Exhibit
0 40 80.
2
® s
BA95 OF 9ERR.M
a.
xaBW
CVS B9XNVATgY 11.].IB
11.306)
t„ .e
80Q9 :s
1,000
ACRE
BETERSWORTH &
111 EAST MOUNTAIN 5
PH: 630.379.55
CALLED 342 ACRES
HECTOR WNMOI TO
mina, MITCHELL
0-3-06 IN 2350\781
RESIDUE OF CALLED 3.00 ACRES
PHIL (A W. ET OR
TO JAMES W. CN Qum
6-29—W IN 1539\853
ZONE CHN40E REQUEST
1.000 ACRES
JOSE FLORES SURVEY, A-134
GUADALUPE COUNTY, TEXAS
mxo a] OF MA] C. WAC]. ).M
INC. JAYfS R C.YMOM M... W ., U. 1.
BSS
70155
WCTcfA MOW POW
JOB:27279•C-G
EXHIBIT B: Updated Official Zoning Map - City Of Cibolo, Texas