ORD 1308 07/14/2020 OF
T'e x P S
ORDINANCE 1308
AN ORDINANCE APPROVING THE REZONING OF A ONE ACRE TRACT OUT OF
A 8.681 ACRE TRACT LOCATED AT 4371 LOWER SEGUIN ROAD FROM
AGRICULTURAL (AG) TO MANUFACTURED HOME RESIDENTIAL (M11-1);
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, the City of Cibolo received an application from Mr. Robert Helm to rezone 1.0 acre out of
his 8.681-acre tract located at 4371 Lower Seguin Road, from Agricultural (AG)to Manufactured Home
Residential(MH-1); and
WHEREAS, two public hearings were held to discuss the rezoning to the real property described
herein; w it h 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, June 23, 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 1.0 acre from AG 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 May 24, 2020 and May 26, 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 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 property 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 4371 Lower Seguin
Road,from AG to MH-1, as reflected in the attached Exhibit "A" 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 a one acre tract out of the Residue of called 8.681 acre tract of land in
Guadalupe County, Texas, out of the Francisco Rodriquez Survey, Abstract 271, and being a
portion of the 8.681 acre tract of land described in the Survey Plat dated April 4,2013,recorded at
Vol. 1587, Page 136, Guadalupe County Public Records; said 1.0 acre tract being depicted in
EXHIBIT "A" (the "Property"), and incorporated herein by reference, is hereby amended from
Agricultural(AG)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 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. REPEALED. 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 �y DAY OF 2020.
Stosh Boyle
Mayor, City of Cibolo
ATTEST:
/�7
Peggy Cimics, TRMC
City Secretary,City of Cibolo
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EXHIBIT A: REZONING EXHIBIT (LEGAL DESCRIPTION)
FIELD NOTES
8.681 ACRE"TRACT B"
OUT OF A 9.94 ACRE TRACT
FRANCISCO RODRIQUEZ SURVEY,ABSTRACT 271,
GUADALUPE COUNTY,TEXAS
Being a 8.681 acre (378,127 sq. ft.)tract of land called Tract"B" situated in the Francisco Rodriquez Survey,
Abstract 271,Guadalupe Courtly,Texas,being out of a called 9.94 acre tract as conveyed toMarlin C.and Dayle G.
Evans as described and recorded in Volume 1587,Page 136,Official Public Reco.m..s of said County;and said 8.681
acre tract being more particularly described by metes and bounds as follows:
COMMENCING at a found 1,2"iron rod found in the South right-of-way of Lower Seguin Road( Rocngnmd hit
foot right-of-way:vidth)for the most Northwest corner of an 86.831 acre tract conveyed to Som and Sukesh Kansal
as described and recorded in Volume 2463,Page 372,Oflicial Public Records of said County and for the Northeast
corner of a 1168 acre tract called"Tract A'as survcvcd this date and said called 9.94 acre tract which bears South
81"15'00"West,a distance of 391.64 feet from a found 12"iron rod found at the intersection of Lower Seguin Road
and Nemec Late as recorded in Volume 5,Page 199B Map and Plat Records of said County and being the Northeast
cornea of said 86.831 acre tract:
THENCE,South 2S'43'00"East,with the Northeast lire of said 1.268 acre tract and said 9.94 acre tract,a distance
of 397.24 fed to a%2"iron rod with RODS cap set for the Southeast corner of said 1.268 acre tract and the Northeast
comer and PO.TNT OF BEGTIv'NTNG of this tract;
THENCE,South 29"43'00"East,continuing with tate Northeast lute of said 9.94 acre tract,a disWxt of 1094.7511 d
to a Y2"iron rod with RODS cap set being a re-entrant corner of said 86.831 acre tract and for the Southeast corner of
said 9.94 acre tract and of this tract:
THENCE,South 60°19'00"West,a distance of 490.40 feel,to a'/i'iron rod with RODS cap set being a re-entrant
corner of said 86.831 acre tract and for the South::est comer of said 9.94 acre tract and of this tract;
THENCE,North 29'43'00" West,a distanoo of 500.00 feet,to a found 1/2"iron rod found being the Northeast
corner of a 5.683 acre tract as conveyed.to Loraine R-and Charles R.Wear and described and recorded is Volume
1342,Page 695,said Oficial Public Records and being in the South line of a 34.270 acre trect as conveyed to Paul S.
and Mary E. Cole as described and recorded in Volume 1059,Page 37,said Official Public Records for the West
comer of said 9.94 acre tract and of this tract.
THENCE,North 601 I T 00"East,a distance of 307.19 feet,to a''Y2"iron rod with RODS cap set.being the Southeast
comer of a called 4.59 acne tract as conveyed to Paul S.and Mary E.Cole as described and recorded in Volume 449,
Page 36,Deed Records of said County for a re-entrant comer of said 9.94 acre tract and of this tract;
THENCE,North 29°43'00"West,a distance of 106262 feet,to a 8 inch wood fence post in the South right-of-way
lire of said Lower Seguin Road being the Northeast comer of said 4.59 acre tract and for the Northwest corner of said
994 acre tract and of this tract:
THENCE,North 81"15'00"East,along the South right-of-m y line of said Lon- Seguin Road a distance of 53.5=
feet to a '-'iron rad with RODS cap set for the Northwest corner of sad 1268 acre tract and the North corner of this
traUl'
THENCE,South 29°43'00"East,crossing said 9.94 acre tract and with the Southwest line of said 1.268 acre tract,a
distance of 432,22 feet,to a'/."iron rod with RODS cap set for the Southvmst comer of said 1.268 acre tract all for a
re,-.ttra--corner of this tract:
Tf IENCF,,North 67°09'27'Fist,continuing across said 9.94 acre tract with the Southeast line of said 1.268 acre
tract,a distance of 134.17 fed to doe POINT OF BEG1NNRdG and cxxutaiuung 8.6:11 acres(378,127 sq.13.)of land
more or less.
J,O—�
John David Kenney,RPLS 42080
April 4,2013
OF
"JOHN DAVID KENNEY
00 t
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EXHIBIT A: REZONING EXHIBIT (MAPPED)
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69541 69552 I
69639
69636
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EXHIBIT B: UPDATED OFFICIAL ZONING MAP — CITY OF CIBOLO,TEXAS
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