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ORD 1272 06/25/2019OF g r mixnN� T f X 1, "City of Choice" ORDINANCE I a 7a AN ORDINANCE APPROVING THE REZONING OF .636 ACRES OF REAL PROPERTY LOCATED AT 203 AND 205 RAWE AVENUE FROM HIGH DENSITY SINGLE-FAMILY RESIDENTIAL (SF -6) TO COMMUNITY RETAIL/SERVICE (C-2); 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 two (2) applications to rezone a total of 0.636 acres from High Density Single -Family Residential (SF -6) to Community Retail/Service (C-2) 1. Application from Mario Montoya to rezone a.335 acre tract located at 203 Rawe Avenue 2. Application from Lucinda Culver to rezone a.301 acre tract located at 205 Rawe Avenue; 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 12, 2019 at 6:30 p.m. in the Cibolo City Hall and the second public hearing being conducted by City Council on Tuesday, June 25, 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 0.64 acres from SF-6/Old Town Overlay to C -2/01d Town Overlay, 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 May 26, 2019 and May 28, 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 approval and the City Council determined the zoning classifications of certain real property located 203 and 205 Rawe Avenue, from SF-6/Old Town Overlay to C-2/Old Town Overlay, as reflected in the attached Exhibit "A" would promote the health, safety, and general welfare of the City and the safe and orderly development of the City, be consistent with the adopted Comprehensive Plan, be compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood, and result in properties suitable for uses permitted by the new district. NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION 1. AMENDMENT. A. The zoning district for .636 acres of land in Guadalupe County, Texas, situated in the A.S. Lewis Survey No. 78 Survey; said .636 acres being depicted in EXHIBIT "A" (the "Properties"), and incorporated herein by reference, is hereby amended from High Density Single -Family Residential (SF-6)/Old Town Overlay to Retail/Service (C-2)/Old Town Overlay 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. SEVERABH,ITY. 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 gj DAY OF V lt11' 2019. ATTEST: Z�)%'jzlell v�� Peggy Cimics City Secretary, City of Cibolo EXHIBIT A: Rezoning Exhibit (Legal Descriptions) Property Itlenimcatlon n: 67083 Property Infolmatlon: 2019 Owner Idenll0cation #:209801 Geo 10: 2G0216-0000-11400.0-00 Legal ABS: 216 SUR: AS Name: MONTOYA MARIO Situs Address -203 RAWE AVE TX Description: LEWIS D.3400 AC. Exemptions: Properly Type: Real Abstract: GA0216 DBA: Null Stale Cotle: A7OLD Nalghborhootl: CIBOLO RESIDENTIAL Appralsetl Value: 694,712.00 LTR,CCI.SCS, Jurisdictions: CAD CAD bb90-L _ I 96 66958 66959 6]062 67074 5w52 67063 67082 66943 Property Identi0cation #: 67082 Property Information: 2019 Owner ltlentitiwiton 9:176600 Geo ID: 2G0216.0000-11300-0-00 Legal ABS: 216 SUR: AS Name: SCARBOROUGH LUCINDA Situs AGtlres% 206 RAWE AVE TX Descriptlou: LEWIS 0.3010 AC. Exemptions:HS Property Type: Real Abstract: GA0216 DBA: Null State Coca: AlOLD Neighborhactl: CIBOLO RESIDENTIAL Appralead Value: $121.646.00 LTB. CCI, SCS, Jurisdictions: CAD CAD 66961 66962 I Amm i n: upuaiea trmctat cloning iviap - airy vi t.ml 1 cxas T- JF H��rY-�^� � �� -_d. � ••� QiwnNnb�MNVa OaW kgMm!bnmaef lCll 1 j ®AvmdYNu49nrtelbl [ ': PIIII �awloe..lm •' - L ��— � v-fxnel GvmnuilGl r 4•I y ` _ AufamrynuemW lk` 1 1116 I _A blsn.exu 1 1 (• A I11's �- I �Im aenaw.ryrvl v LL I InradVn�Re)<el 1 FnibmmCGM L {3 � 2 i o o..�fr sq.r+++rnr.•.v I .,C II ^� tl1 ••I rl l �y-- I -�},. I nyia'u(srW.frtllMSi4ptlisfs•a - IIP" . .• �• �� , -} 1�' I �I ` �• wc+. f..s/rvfl pwx.m� win fwrylRl �, { .• P �e , iR •• trr I ° Ll I a i upaamiamw aiemnrs Per o�am..ralov .aepl.aa .:� I :.__. r 1 �fI f pal L,]OIB r / 1 'VeeleiPee n[e091! "Vealetl ronInO Per OrdInmceMl6 Ye OFFICIAL ZONING MAP ,r, O { eiwpwa.•...ww pWWcne+v v • x. City of 2019 m.rn wma.� c June 25,, 2019 P ple}{ 0 0.5 1 2 r.A.mwmsa�.uv 1:24,000 Miles