ORD 1270 06/11/2019"City of Choice"
ORDINANCE I A :F 0
AN ORDINANCE ASSIGNING A PERMANENT ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTIES GENERALLY LOCATED AT 3453 SOUTH SANTA CLARA ROAD,
COMPRISED OF 159.534 ACRES FROM AGRICULTURAL HOMESTEAD (AG) TO LIGHT
INDUSTRIAL (1-1); 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 fns 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 159.534 acres located at 3453 Santa Clara Road,
from Agricultural (AG) to Light Industrial (I-1); and
WHEREAS, two public hearings were held to discuss the rezoning with the fust public hearing being conducted
by the Planning & Zoning Commission on Wednesday, May 8, 2019 at 6:30 p.m. in the Cibolo City Hall; and, the
second public hearing being conducted by City Council on Tuesday May 28, 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 159.534 acres from AG to I-1, as described herein and depicted on Exhibit A;
and
WHEREAS, legal notice notifying the public of both public hearings on the rezoning was published in the Seguin
Gazette, a newspaper of general circulation in the City of Cibolo, on April 21, 2019 and April 23, 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 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 of 159.534 acres of real property located at 3453 Santa Clara Road would be rezoned from Agricultural
(AG) to Light Industrial (I-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 159.534 acres of real properties located at 3453 Santa Clara Road, shall be rezoned from Agricultural (AG)
to Light Industrial (I-1) a depiction of which is more specifically defined on Exhibit "A".
SECTION H.
THAT 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 IH.
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 if any provisions of this ordinance shall be held void or unconstitutional, it is hereby provided that all other
parts of the same which are not held void or unconstitutional shall remain in full force and effect.
THAT this ordinance is not severable.
SECTION VI.
SECTION VII.
THIS ordinance will take effect its passage, approval and publication as provided by law.
PASSED, APPROVED, AND ADOPTED THIS /f DAY OF r � c '2019.
ATTEST:
1 // 1�2
Peggy Cimics, TRMC
City Secretary, City of Cibolo
Slegh Boyle
Mayor, City of Cibolo
EXHIBIT A: Rezoning Exhibit (Legal Description)
ASSURVEYED DESCRIPTION
BEING A 159.5 -ACRE (6,948,568 SQUARE FEET) TRACT OF LAND OUT OF
THE FRANCISCO GARCIA SURVEY NO. 231, ABSTRACT NO. 141 AND THE
JOSE FLORES SURVEY NO. 63, ABSTRACT NO. 134, GUADALUPE
COUNTY, TEXAS, SAID 159.5 -ACRE TRACT BEING THAT CALLED
159.534 -ACRE TRACT CONVEYED FROM BERNICE S. FRIESENHAHN,
TRUSTEE FOR THE SCHEEL FAMILY, NO.2 TO GUADALUPE VALLEY
DEVELOPMENT CORPORATION BY SPECIAL WARRANTY DEED
RECORDED IN VOLUME 4101, PAGE 146, OFFICIAL PUBUC RECORDS OF
GUADALUPE COUNTY, TEXAS, SAID i59.6 -ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, WITH ALL BEARINGS BEING
REFERENCED IU NORTH AMERICAN UAIUM OF 1983, IEXAS
COORDINATE SYSTEM, SOUTH CENTRAL ZONE:
BEGINNING AT A FOUND IRON ROD WITH DAMAGED BLUE CAP ON THE
NORTHWEST RIGHT-OF-WAY (R.O.W.) LINE OF INTERSTATE HIGHWAY
10 (VARIABLE -WIDTH R.O.W., VOLUME 137, PAGE 179, DEED RECORDS
OF GUADALUPE COUNTY TEXAS AND VOLUME 137, PAGE 182, DEED
RECORDS OF GUADALUPE COUNTY, TEXAS), SAID POINT ALSO BEING
THE MOST EASTERLY CORNER OF A CALLED 73."ACRE TRACT, SAVE
AND EXCEPT 10.842 ACRES CONVEYED TO DIANE EVELYN TYO, KAREN
SUE WEINSTEIN, AND LYNN HENRY MEYER. RECORDED IN DOCUMENT
NO. 2016013721, DEED RECORDS OF GUADALUPE COUNTY TEXAS, SAID
POINT ALSO BEING THE MOST SOUTHERLY CORNER OF SAID CALLED
159.534 -ACRE TRACT, FOR THE MOST SOUTHERLY CORNER OF THE
HEREIN DESCRIBED TRACT;
THENCE N31'33'52 -W, DEPARTING SAID R.O.W., ALONG THE
SOUTHWEST LINE OF SAID CALLED 159.534 -ACRE TRACT AND THE
NORTHEAST LINE OF SAID CALLED 73.81 -ACRE TRACT, SAVE AND
EXCEPT 10.842 -ACRES, A DISTANCE 2,128.20 FEET TO A POINT ON THE
SOUTHEAST R.O.W. UNE OF BOLTON ROAD, CR -308, SAID POINT ALSO
BEING THE MOST NORTHERLY CORNER OF SAID CALLED 73.84 -ACRE
TRACT, SAVE AND EXCEPT 10.842 ACRES AND THE MOST WESTERLY
CORNER OF SAID CALLED 159.534 -ACRE TRACT, FOR THE MOST
WESTERLY CORNER OF THE HEREIN DESCRIBED TRACT, FROM WHICH
A FOUND 117 IRON ROD BEARS 534'38'11 E, 2.17 FEET;
THENCE N58 -50'47-E, ALONG SAID SOUTHEAST R.O.W. UNE OF BOLTON
ROAD, CR -308 AND NORTHWEST UNE OF SAID CALLED 159.634 -ACRE
TRACT, A DISTANCE OF 3,215.18 FEET TO A FOUND IRON ROD WITH
BLUE CAP STAMPED 'KFW SURVEYING' AT THE SOUTHWEST R.O.W.
INTERSECTION OF SAID BOLTON ROAD, CR-= AND S. SANTA CLARA
ROAD, CR315, SAID POINT ALSO BEING THE MOST NORTHERLY
CORNER OF SAID CALLED 159.534 -ACRE TRACT, FOR THE MOST
NORTHERLY CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE S31'0T50'E, ALONG THE NORTHEAST UNE OF SAID
159.534 -ACRE TRACT AND THE SOUTHWEST R.O.W. LINE OF SAID S.
SANTA CLARA ROAD, CR -315, A DISTANCE OF 1,703.04 FEET TO A
FOUND W IRON ROD AT THE R.O.W. INTERSECTION OF SAID S. SANTA
CLARA ROAD, CR -315 AND INTERSTATE HIGHWAY 10 (VARIABLE -WIDTH
R.O.W., VOLUME 324, PAGE 53, DEED RECORDS AND VOLUME 321,
PAGE 468, DEED RECORDS), AT THE MOST EASTERLY CORNER OF SAID
CALLED 159.534 -ACRE TRACT, FOR THE MOST EASTERLY CORNER OF
THE HEREIN DESCRIBED TRACT;
THENCE ALONG THE COMMON LINE OF SAID 159,534 -ACRE TRACT AND
SAID INTERSTATE HIGHWAY 10 R.O.W., THE FOLLOWING TWO (2)
CALLS:
524'10A(W A DISTANCE OF 374.66 FEET TO A FOUND TYPE I
R.O.W. MONUMENT, FOR A CORNER OF THE HEREIN DESCRIBED
TRACT,AND
809.0518-E, A DISTANCE OF 298.92 FEET TO A FOUND TYPE I
R.O.W. MONUMENT AT THE NORTH CORNER OF A CALLED 2.071 -ACRE
TRACT CONVEYED TO 2015 PP PETERSON PROPERTIES, LLC ,
RECORDED IN DOCUMENT NO. 2016025M, OFFICIAL PUBLIC RECORDS
OF GUADALUPE COUNTY TEXAS, AT AN EAST CORNER OF SAID CALLED
169.534 -ACRE TRACT, FOR AN EAST CORNER OF THE HEREIN
DESCRIBED TRACT;
THENCE S59°2428 -W, ALONG THE SOUTHEAST UNE OF SAID CALLED
159.634 -ACRE TRACT AND THE NORTHWEST LINE OF SAID CALLED
2.071 -ACRE TRACT, A DISTANCE OF 338.92 FEET TO A FOUND'/: IRON
ROD AT THE MOST WESTERLY CORNER OF SAID CALLED 2.071 -ACRE
TRACT, SAME POINT ALSO BEING THE MOST NORTHERLY CORNER OF
A CALLED 0.480 -ACRE TRACT CONVEYED TO RALPH REININGER,
RECORDED IN VOLUME 3079, PAGE 763, OFFICIAL PUBLIC RECORDS OF
GUADALUPE COUNTY TEXAS, AT A CORNER OF SAID CALLED
159.634 -ACRE TRACT, FOR A CORNER OF THE HEREIN DESCRIBED
TRACT;
THENCE S80"26'67'W, CONTINUING ALONG SAID SOUTHEAST LINE OF
CALLED 159.534 -ACRE TRACT AND THE NORTHWEST LINE OF SAID
CALLED 0.480 -ACRE TRACT, AT A DISTANCE OF APPROXIMATELY 85.00
FEET PASSING THE MOST WESTERLY CORNER OF SAID CALLED
0.480 -ACRE TRACT AND THE MOST NORTHERLY CORNER OF A CALLED
0.502 -ACRE TRACT CONVEYED TO EDGAR AND VALERIA SANCHEZ,
RECORDED IN DOCUMENT NO. 2015023215, OFFICIAL PUBLIC RECORDS
OF GUADALUPE COUNTY TEXAS, CONTINUING ALONG THE
NORTHWEST LINE OF SAID CALLED 0.502 -ACRE TRACT, FOR A TOTAL
DISTANCE OF 185.60 FEET TO A FOUND IRON ROD WITH YELLOW CAP
STAMPED 'RPLS 2024- AT THE MOST WESTERLY CORNER OF SAID
CALLED 0.502 -ACRE TRACT, SAME POINT ALSO BEING THE MOST
NORTHERLY CORNER OF A CALLED 3.000 -ACRE TRACT CONVEYED TO
JOHN R. MONTAGUE, RECORDED IN VOLUME 2126, PAGE 808, OFFICIAL
PUBLIC RECORDS OF GUADALUPE COUNTY TEXAS, AT A CORNER OF
SAID CALLED 169.634 -ACRE TRACT, FOR A CORNER OF THE HEREIN
DESCRIBED TRACT;
THENCE S80°1320NJ, CONTINUING ALONG SAID SOUTHEAST LINE OF
CALLED 159.534 -ACRE TRACT AND THE NORTHWEST LINE OF SAID
CALLED 3.000 -ACRE TRACT, A DISTANCE OF 652.86 FEET TO A FOUND
IRON ROD WITH ORANGE CAP STAMPED 'TRI -COUNTY' AT THE MOST
WESTERLY CORNER OF SAID 3.000 -ACRE TRACT, SAME POINT ALSO
BEING AN INTERIOR CORNER OF SAID CALLED 159.534 -ACRE TRACT,
FOR AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE S30'33VB*E, ALONG THE SOUTHWEST LINE OF CALLED
3.000 -ACRE TRACT AND CONTINUING ALONG SAID SOUTHEAST LINE OF
SAID CALLED 159.634 -ACRE TRACT, A DISTANCE OF 165.71 FEET TO A
FOUND 1' IRON PIPE ON SAID NORTHWEST R.O.W. LINE OF INTERSTATE
HIGHWAY 10, SAME POINT ALSO BEING A THE MOST SOUTHERLY
CORNER OF SAID 3.000 -ACRE TRACT, AT A CORNER OF SAID CALLED
159.534 -ACRE TRACT, FOR A CORNER OF THE HEREIN DESCRIBED
TRACT;
THENCE S88'12'08W, CONTINUING ALONG SAID SOUTHEAST LINE OF
CALLED 159.534 -ACRE TRACT AND SAID NORTHWEST R.O.W. LINE OF
INTERSTATE HIGHWAY 10, A DISTANCE OF 1,613.46 FEET, RETURNING
TO THE POINT OF BEGINNING AND CONTAINING 169.5 ACRES (6,948,568
SQUARE FEET) OF LAND.
EXHIBIT A: REZONING EXHIBIT (MAPPED)
EXHIBIT B: UPDATED OFFICIAL ZONING MAP - CITY OF CIBOLO, TEXAS