ORD 1264 05/14/2019"City of Choice"
ORDINANCE NO:
AN ORDINANCE AMENDING THE ZONING CLASSIFICATIONS OF THIRTY-
EIGHT (38) PROPERTIES THAT ENCOMPASS 1,045 ACRES, EACH ANNEXED
INTO THE CITY OF CIBOLO DURING 2017, IN ACCORDANCE WITH THE
CIBOLO UNIFIED DEVELOPMENT CODE AND WERE AUTOMATICALLY
ASSIGNED A TEMPORARY ZONING CLASSIFICATION OF AGRICULTURAL
(AG) UNTIL SUCH TIME AS CITY COUNCIL ASSIGNED PERMANENT ZONING
CLASSIFICATIONS TO EACH PROPERTY AS IDENTIFIED HEREIN IN THE
MANNER PRESCRIBED BY THE CITY OF CIBOLO UNIFIED DEVELOPMENT
CODE AND TLGC SECTION 211; DECLARING COMPLIANCE WITH
MUNICIPAL ZONING REGULATIONS, 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, Article 4, Section 4.4.9 of the Unified Development Code of the City of Cibolo states that
all territory annexed into the City of Cibolo shall automatically be classified as temporary Agricultural
(AG) until such time as permanent zoning is designated by the City Council through the Zoning Map
Amendment Process, as prescribed in the Unified Development Code; and
WHEREAS, the City of Cibolo invited all of the affected property owners of the affected properties to
attend a two (2) Neighborhood Meetings conducted at City Hall on February 28, 2019 and March 6, 2019,
at which time the City of Cibolo explained the rationale for the proposed permanent zoning designation
for their properties and for the rationale for the assignment of permanent zoning on all properties within
200 feet of their properties; and
WHEREAS, four 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, March 13, 2019 at 6:30 p.m. in the Cibolo City Hall and the second public hearing being
conducted by City Council on Tuesday, March 26, 2019 at 6:30 p.m. in the Cibolo City Hall and with
the third public hearing being conducted by the Planning & Zoning Commission on Wednesday, April
10, 2019 at 6:30 p.m. in the Cibolo City Hall and the fourth public hearing being conducted by City
Council on Tuesday, April 23, 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 properties from Agricultural (AG) to the Agricultural Homestead (AG), Low -Density Single -Family
Residential (SF -2), Medium -High Density Residential (SF -5), Retail/Office (C-3), and General
Commercial (C-4) districts; and
WHEREAS, legal notice notifying the public of both public hearings on the property proposed to be
rezoned, was published in the Seguin Gazelle, a newspaper of general circulation in the City of Cibolo,
on February 24, 2019 and February 26, 2019, 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 the proposed permanent zoning designations, as reflected in the attached Exhibit "A" and
Exhibit "B" would be in accordance of the Comprehensive Plan and Future Land Use Map of the City of
Cibolo 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 1. AMENDMENT.
A. The zoning districts for the 38 tracts of land that encompass 1,045 acres in Guadalupe County,
Texas, as specified in EXHIBIT "A" (the "Properties") as attached hereto and incorporated by
reference herein, and being depicted graphically in EXHIBIT `B" as attached hereto and
incorporated by reference herein, is hereby amended from Agricultural (AG) to Agricultural
Homestead (AG), Low -Density Single -Family Residential (SF -2), Medium -High Density
Residential (SF -5), Retail/Office (C-3), and General Commercial (C-4) districts as depicted
thereon.
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 "C" as attached
hereto and incorporated by reference herein.
SECTION 2. DECLARATION OF COMPLIANCE. The City Council finds that all required public
notices for the rezoning of the Properties 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 THIS 14 DAY OF MAY, 2019.
ATTEST:
�9y
Peggy Cimics
City Secretary, City of Cibolo
Slosh Boyle
Mayor, City of Cibolo
EXHIBIT
DESCRIPTION OF
PROPOSED 2019 PERMANENT ZONING
CITY OF CIBOLO
17W
SURVEYING
A:
Description of those tracts of land to be included In the Proposed 2019 Permanent Zoning, all situated in
the City of Cibolo, Guadalupe County, Texas, and being more particularly described as follows:
PROPOSED ZONING CLASSIFICATION AG: Rezoning Exhibit (Legal Description)
Situated in the Francisco Rodriguez Survey No. 84, Abstract No. 271:
1. All that called 7.805 acre tract of land as conveyed to Ronald S. Growl Supplemental Needs Trust
and recorded in Document No. 2016-018270, O.P.R. (PID 69658).
2. All that called 37.089 acre tract of land conveyed to Glenn M. Mueller and wife Stephanie Mueller
and recorded in Volume 674, Page 527, O.P.R. (PID 69598).
3. All that called 21 acre tract of land conveyed to Stephanie Mueller and recorded in Volume 632,
Page 858, O.P.R. (PID 69568 and 69569).
4. All that called 11.31 acre tract of land conveyed to Stephanie Mueller, Davene Ball, and Annette
Branecky and recorded in Document No. 2017.009746, O.P.R. (PID 69564 and 69565).
5. All that called 14.000 acre tract of land conveyed to Robert L. Redding and recorded in Volume
2039, Page 272, O.P.R. (PID 115059).
6. All that called 17.60 acre tract of land conveyed to Robert L. Redding (Veterans Land Board) and
recorded in Volume 1238, Page 859, O.P.R. (PID 69566 and 69567).
7. All that called Lot 3 - 0.72 acre tract of land described in plat of Nemec Subdivision recorded in
Volume 5, Page 1998, Map and Plat Records of Guadalupe County, Texas (M.P.R.) as conveyed to
Robert E. Nemec and recorded in Volume 1010, Page 413, O.P.R. (PID 34122).
8. All thatcalled RESERVE (4.694 acre tractof land) described in plat of Nemec Subdivision recorded
In Volume 5, Page 199B, M.P.R, as conveyed to Robert E. Nemec (PID 69682).
Situated in the lose M. Rosa Survey No. 86, Abstract No. 272:
9. All thatcalled 1 acre tractof land as conveyed to Bernadette Haeckerand recorded in Volume 443,
Page 386, O.P.R. (PID 69679).
10. All that called 15.414 acre tract of land conveyed to Waylon Haecker, Bradley Haecker, and
Camella Haecker and recorded in Document No. 2016.018044, O.P.R. (PID 69685).
11. All that called 15.414 acre tract of land conveyed to Donna F. Nemec and recorded in Volume
1823, Page 17, O.P.R. (PID 69686).
12, All that called 32.5 acre tract of land conveyed to Clayton L. Stolte and recorded In Volume 4081,
Page 854, O.P.R. (PID 69707).
13. All that called 12 acre tract of land conveyed to Clayton L. Smite and recorded in Volume 4081,
Page 854, O.P.R. (PID 69706).
Situated in the lose Flores, Sr. Survey No. 63, Abstract No. 134:
14. All thatcalled 36.27 acre tract of land conveyed to Clayton L. Stolte and recorded in Volume 4081,
Page 854, O.P.R. (PID 63540).
15. All that called 2 acre tractof land conveyed to Clayton L. Stolteand recorded in Volume 4081, Page
854, O.P.R. (PID 63538).
16. All that called 16 acre tract of land conveyed to Clayton L. Stolte and recorded in Volume 4081,
Page 854, O.P.R. (PID 63536).
17. All thatcalled 32.65 acre tract of land conveyed to Clayton L Stolte and recorded in Volume 1653,
Page 461, O.P.R. (PID 63539).
18. All that called 29.739 acre tract of land conveyed to Thomas W. White and Dorothee E. White and
recorded in Volume 2575, Page 292, O.P.R. (PID 131460).
19. All that called 105 acre tract of land conveyed to Thomas W. White and Dorothee E. White and
recorded in Volume 1318, Page 258, O.P.R. (PID 63340 and 63341).
20. All that called 42-1/2 acre tract of land conveyed to Thomas W. White and Dorothee E. White and
recorded in Volume 1318, Page 258, O.P.R. (PID 63339).
21. All that called S7-1/2 acre tract of land conveyed to Danalyn Hood Kircher and recorded in
Volume 3162, Page 572, O.P.R. (PID 63395 and 63396).
22. All of that called 132.483 acre tract of land conveyed to Pete Garza Interests, LLC and recorded
in Volume 1935, Page 154, O.P.R. (PID 63380). SAVE AND EXCEPT that portion that lies outside
of the city limits of the City of Cibolo.
EXHIBIT A: Rezoning Exhibit (Legal Description cont.)
23. All that called 15.836 acre tract of land conveyed to Grover E, Wright and recorded in Volume
814, Page 743, O.P.R. (PID 63566).
24. ONLY the access road lying within that called 4.00 acre tract of land conveyed to Pete Garza
Interests, LLC and recorded in Volume 1935, Page 154, O.P.R. (PID 128112).
Situated In the Guadalupe Torres Survey No. 69, Abstract No. 313:
25. All that called 6,99 acre tract of land conveyed to Clayton R. Parker, Jr. and Stella L. Parker and
recorded in Volume 4126, Page 113, O.P.I. (PID 126785).
26. All that called 1.000 acre tract of land conveyed to Chambers Living Trust and recorded in
Document No. 2018-99007321, O.P.R. (PID 129767).
Situated in the Geronimo Leal Survey No, 85, Abstract No. 210:
1. The most northerly 500 feet of that called 86.703 acre tract of land as conveyed to Laura Elizabeth
Ridge and Patrick Randall Ridge and recorded in Document No. 2018-99021693 in the Official
Public Records of Guadalupe County, Texas (O.P.R.) also known as Guadalupe County Appraisal
District Property ID (PID) 66342 and 66343.
2. The most northerly 500 feet of that called 225.523 acre tract of land conveyed to Cibolo South
Series 226.523 and recorded in Document No. 2016-001362, O.P.R. (PID 66340 and 66341).
3. The most westerly 400 feet of that called 88.7 acre tract of land conveyed to Cibolo South Series
88.7 and recorded in Document No. 2016-001361, O.P.R. (PID 66390).
Situated in the Jose Flores, Sr. Survey No, 63, Abstract No. 134;
1. All that called 34.17 acre tract of land conveyed to Melvin H. Schumann Testamentary Trust and
recorded in Volume 1401, Page 415, O.P.R. (PID 63520).
2. All that called 21.097 acre tract of land conveyed to Nolan H. Zunker (deceased) and recorded in
Volume 1073, Page 654, O.P.R. (PID 63589).
PROPOSED ZONING CLASSIFICATION SF5:
Situated in the Geronimo Leal Survey No. 85, Abstract No. 210:
1. All that called 86.703 acre tract of land as conveyed to Laura Elizabeth Ridge and Patrick Randall
Ridge and recorded in Document No. 2018.99021693 in the Official Public Records of Guadalupe
County, Texas (O.P.R.) also known as Guadalupe County Appraisal District Property ID (PID)
66342 and 66343. SAVE AND EXCEPT the most northerly 500 feet thereof.
2. All that called 225.523 acre tract of land conveyed to Cibolo South Series 226.523 and recorded
in Document No. 2016-001362, O.P.R. (PID 66340 and 66341). SAVE AND EXCEPT the most
northerly 500 feet thereof.
3. All that called 88.7 acre tract of land conveyed to Cibolo South Series 88.7 and recorded in
Document No. 2016.001361, O.P.R. (PID 66390). SAVE AND EXCEPT the most westerly 400 feet
thereof.
This legal description was prepared from record data only, and i. of the result ofaground survey.
7nilq
lob No.: 19-027
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Prepared by: KFW Surveying
Date: March 20,2019
File: S:\Draw2019\19-027 CItyofClbolo Annsxadp Ing description by class TCP
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EXHIBIT B: Rezoning Exhibit (Graphic)
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