ORD 1307 07/14/2020 OF c/6
rex P S
ORDINANCE 1307
AN ORDINANCE ASSIGNING A PERMANENT ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY GENERALLY LOCATED .19 MILES WEST OF THE INTERSECTION
OF BOLTON ROAD AND SOUTH SANTA CLARA ROAD, COMPRISED OF 10.03 ACRES
FROM AGRICULTURAL HOMESTEAD (AG) TO PUBLIC FACILITIES (PF); 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 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 10.03 acres located .19 miles west of the
intersection of Bolton Road and South Santa Clara Road, from Agricultural(AG)to Public Facilities(PF); and
WHEREAS, two public hearings were held to discuss the rezoning with the first public hearing being conducted
by the Planning&Zoning Commission on Wednesday,June 10,2020 at 6:30 p.m. in the Cibolo City Hall;and,the
second public hearing being conducted by City Council on Tuesday July 14, 2020 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 10.03 acres from AG to PF, 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 May 17, 2020 and May 20, 2020, 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
property 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 10.03 acres of real property located .19 miles west of the intersection of Bolton Road and South Santa
Clara Road would be rezoned from Agricultural (AG)to Public Facilities (PF), 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.
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NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS:
SECTION 1.AMENDMENT.
A. The zoning district for 10.03 acres of land in Guadalupe County, Texas, situated in the Francisco Garcia
Survey,Abstract 141; said 10.03 acres being depicted in EXHIBIT"A"(the"Property"), and
incorporated herein by reference, is hereby amended from Agricultural(AG)to Public Facilities(PF).
B. The zoning map of the City of Cibolo is hereby amended to reflect the new zoning designation 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 3.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 4.REPEALER. All ordinances,parts of ordinances, or resolutions in conflict herewith are expressly
repealed.
SECTION 5.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 6.EFFECTIVE DATE. This ordinance shall become effective /upon the adoption of this ordinance.
//-/PASSED,APPROVED,AND ADOPTED THIS � DAY OF v6 ,2020.
Stosh Boyle
Mayor, City of Cibolo
ATTEST:
Peggy Cimics,TRMC
City Secretary,City of Cibolo
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EXHIBIT A: REZONING EXHIBIT (LEGAL DESCRIPTION)
BEING an 10.030 acre tract of land lying in the Francisco Garcia Survey,Abstract 141,Guadalupe County,Texas,
same being a portion of a 13,5 acre tract of land as described and nx:orded in volume 482,page 702,Deed Records
of Guadalupe County,Texas,same also being described by a drawing(1 19281 Krebs- 10_03Ac Tract.dwg dated
November 11,2019) attached to and made part hereof and more particularly described as follows:
BEGINNING at a 1/2" iron pipe found in the existing north right-of-way line of Bolton Road (60' wide right-of-
way), for the southwest comer of a 10.00 acre tract of land as described and recorded in volume 3186, page 389,
Official Public Records of Guadalupe County, Texas, the southeast comer of the aforementioned 13.5 acne tract,
and the southeast comer of the herein described 10.030 acre tract;
THENCE along the existing north right-of-way line of the aforementioned Bolton Road and the south line of the
aforementioned 13.5 acre tract, S58°59'57"W a distance of 853.93 fort(Record- S60°32'W per volume 482,page
702) to a 112" iron rod set with plastic cap stamped"CDS.f1MUERY S,A. TX." for the southeast corner of a 3.500
acre tract of land as described and recorded in volume 595,page 480, Deed Records of Guadalupe County,Texas,
and the southwest corner of the herein described 10.030 acre tract;
THENCE leaving the south line of the aforementioned 13.5 acre tract and the existing north right-of-way time of
the aforementioned Bolton Road,over and across said 13.5 acre tract, N31°22'59"W.passing a 1 i2"iron pipe found
at a distance of 509.43 feet, a total distance of 510.59 feet to a 112" iron rod set with plastic cap stamped
"CDSIMUERY S.A.TV',in the south line of an 18.7927 acre tract of land as described and recorded in document
n 2016003819,Official Public Records of Guadalupe County,Texas,for the northeast comer of the aforementioned
3.500 acre tract, and the northwest comer of the herein described 10.030 acre tract;
THENCE N58059'57"E a distance of 857.45 feet(Record-N60132'E per volume 482,page 702),along the south
line of the aforementioned 18.7927 acre tract,and the north line of the aforementioned 13.5 acre tract,to a lit"iron
rod set with plastic cap stamped"CDSiMLFERY S.A. TX.", for the northwest comer of the aforementioned 10.00
acre tract,the northeast corner of the aforementioned 13.5 acre tract,and the northeast comer of the herein described
10.030 acre tract, from which a found 112" iron pipe found bears S07°28'05"E a distance of 2.54 feet;
THENCE leaving the south line of the aforementioned 18.7927 acre tract,along the west line of the aforementioned
10.00 acre tract and the east line of the aforementioned 13.5 acre tract, S30059'17"E a distance of 510.58 feet
(Record-S29°28'E,509.1 feet per volume 482,page 702),to the PLACE OF BEGINNING and containing 10.030
acres of land.
The bearing basis for this survey is Grid North, Texas State Plane Coordinate System,NAD 1983(HARN), South
Central Zone.
THE STATE OF TEXAS X
X KNOWN TO ALL MEN BY THESE PRESENTS:
COUNTY OF BEXAR X
I,Derek Snoga,a Registered Professional Land Surveyor,do hereby certify that the above field notes were prepared
using information obtained by an on the ground survey made under my direction and supervision in November
2019.
Date day of Alalle^kr 2019 A.D.
Derek Sno a
g
DEREK SNOGA Registered Professional Land Surveyor
....... .......... ....'....
0 6511�P� No. 6511 - State of Texas
�q''•FESS\�....
��SUF
EXHIBIT A: REZONING EXHIBIT (MAPPED)
Pg. 3 of 3
LECA: DESC. LARRY W. 'TRACT A' 'TRACT A'
KREBS - 10.030 AC.docx 18.7927 ACRES 18.7927 ACRES
CDS JOB N0. 119281 DOC# 2016003819 DOC# 2016003819
BEARING BASIS: GRID NORTH O.P.R.G.C. O.P.R.G.C.
COORDINATE SYSTEM: TEXAS STATE PLANE,
NA002011), EPOCH:2010
TEXAS SOUTH CENTRAL ZONE (4204) h
'22'59'E ti
ALL DISTANCES SHOWN ARE SURFACE. S31t 16'
(GRID X 1.00016 = SURFACE) v�
Al
THIS EXHIBIT REPRESENTS A BOUNDARY SURVEY 1/2" IRON 10.00 1D•0
ONLY. NO VISIBLE EASEMENTS OR EASEMENTS OF PIPE FOUND ACRES ACRES yc,
RECORD ARE DEPICTED HEREON.
a
o; 1/2' IRON
PIPE FOUND
`TRACT A"
DETAIL "A" 18.7927 ACRES DETAIL "B"
NOT TO SCALE DOC# 2016003819 NOT TO SCALE
O.P.R.G.C.
DETAIL 'A' DETAIL '8'
l
1/2" IRON N58'59'57'E 857.45' 1/2" IRON
PIPE FOUND (RECORD-N50'J2E) PIPE FOUND
FRANCISCO CARCIA SURVEY,
ABSTRACT 141
10.00 ACRES
VOL. 3186, PG. 38
13.500 ACRES O.P.R.G.C.
In VOL. 482, PG. 702 'co
o D.R.G.C.
3.500 ACRES h 0
VOL. 595, PG. 460 4i LO z
D.R.G.C. M 10.030 ACRE TRACT N n w
N p1
0, N t!1 m
z W Nl
Z V1
Qj
cj
L (RECORD-S60-32'W)
BARB WIRE FENCE PC
S58'4'57W 853.93' BARB WIRE FENCE
R.O,W.
BOLTON ROAD
R.O.W. (60' WIDE RICHT-OF-WAY) POB
1/2' IRON
PIPE FOUND
154.534 ACRES
VOL. 4101. PG. 416
O.P.R.G.C.
LEGEND
...............
0- 1/2' IRON ROD SET WITH PLASTIC CAP DEREK SNOGA
STAMPED 'CDS/MUERY S.A. TX." ...._.......................
0- FOUND MONUMENTATION •,� 6511 .
Poe- PLACE OF
BEGINNING
q- PROPERTY LINES
��FESS�C�P
O.R C.C.— DEED RECORDS OF GUADALUPE COUNTY quo S v ° 10.030 ACRE TRACT
O.P.R.G.C.- OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY )f LARRY W. KREBS
0 150' 300' 11 FRANCISCO GARCIA SURVEY
ABSTRACT 141
SCALE IN FEET GUADALUPE COUNTY, TEXAS
1"=150'
DRAWN 8Y: DATE:
�c11CDSmuery SAM NOVEMBER 1 1, 2019
DRAWING NAME: 1bur MYd al PeR'
ENGINEERS •SURVEYORS 119281_KREBS-10_03AC TRACT.OWG
INTERNET I ELECTRIC I HOME
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EXHIBIT B: UPDATED OFFICIAL ZONING MAP - CITY OF CIBOLO,TEXAS
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("-n..se..o'
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of �= ()rdiry�R 1301 3OIIF 105-11]0101
- � • Q ".'� / 0.�♦ 130] )bE 105-1)-20301
`( Ik{soen• IDlf 10)-1430101
{ OrAR00a ID0E(0)-1430111,
• � I
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1
Upeatee,11100 enuias a5 per OrOinance#1237.aeoptee April 21 2018 -^_--_ I `
•Veaeee zonu,D per Orem—9931
V—ed zonmg per 0fd—ce 9101! --- --- \
or C'e OFFICIAL ZONING MAP
° r ° Cityofof Cibolo
Ju14,20200
ecft�w
•msr
0 0.5 1 2 D"
7-e x s 1:24.000 Miles
5