ORD 1296 01/14/2020 OF C/�
O
rex AS
"City of Choice"
ORDINANCE Q 476
AN ORDINANCE APPROVING THE REZONING OF .314 ACRES OF REAL
PROPERTY LOCATED AT 201 RAWE AVENUE FROM HIGH DENSITY
SINGLE-FAMILY RESIDENTIAL (SF-6) AND OLD TOWN MIXED USE
OVERLAY (OT) TO COMMUNITY RETAHJSERVICE (C-2) AND OLD TOWN
MIXED USE OVERLAY (OT); 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 Sean Penner and Samantha Wise to rezone
0.314 acres of real property located at 201 Rawe Avenue from High Density Single-Family Residential
(SF-6) and Old Town Mixed Use Overlay(OT)to Community RetaillService(C-2)and Old Town Mixed
Use Overlay(OT);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, November 12, 2019 at 6:30 p.m. in the Cibolo City Hall and the second public hearing
being conducted by City Council on Tuesday,December 10, 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 0.314 acres from SF-6/OT to C-2/OT, 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 October 27, 2019, with said publication 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 201 Rawe Avenue, from SF-6/OT
to C-2/OT, 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 .314 acres of land in Guadalupe County, Texas, situated in the A.S. Lewis
Survey No. 78 Survey, Abstract 216; said .314 acres being depicted in EXHIBIT "A" (the
"Property"), and incorporated herein by reference, is hereby amended from High Density Single-
Family Residential (SF-6)/Old Town Overlay (OT) to Retail/Service (C-2)/Old Town Overlay
(OT)District.
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 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 /N DAY OF . ! m-,&?r ,2020.
St Boyle
Mayor,CityCibolo
ATTEST:
ZL
Peggy Cimics.TRMC
City Secretary,City of Cibolo
EXHIBIT A: Rezoning Exhibit (Legal Descriptions)
STxm- OF 'TEXAS
COUNTY OF GUADALUPE §
Metes &Bounds Description
A tract of land containing 0.3135 Acres out of the A.S. Lewis Survey, No. 78, Abstract 216,
Guadalupe County, Texas, being the szme tract recorded in the name of Kathy Radich & Lois
McCue in Volume 1244, Page 496 of the Official Public Records Guadalupe County, Texas
(O.P.R.G.C.T.) and bung more particularly described by metes and bounds as follows: (bearings
'eased on said Volume 1244, Page 496 of the O.P.R.G.C.T.)
BEGINMNG at a point at the intersection of the westerly right-of-way lire of Selma-Cibolo
Road, and the north right-of-way line of Rawe Avenue(60 Foot wide) being the southeast corner
of this tract from which a 1/2 Inch iron rod fbv.nd bears South 65° 48' 00" West, a distance of
5 06 beet;
TI-IENCE, SOUTH 85° 00' 00" WEST, with said north right-of--way line of Rawe Avenue, a
distance of 118.80 Feet to a 1/2 Iron rod found at the southwest corner of this tract;
THENCE, NOR'T'H 040 30' 00" WBS i, with the east line of a tract recorded in the name of
Sirron Zamora & wife, Maria U. Zamora in Volume 2369, Page 749 of the OY.R.G.C.T., being
further described in Vclw-ic 1540, Page 651 of the OTR.G.C.T., a distance of 174.50 Feet to a
point at the northwest corner of this tact from which a fence post bears North 82'34 00" East, a
distance of 1.71 Feet;
THENCE, NORTH 84' 42' 19" EAST, wi?h the south line of a tract rscorded in the nar:.a of
Todd Anthony Burnett in Volume 2232, Page 210 o1 the O.P.R.G.C.T., a distance of 37.60 Feet
to a 1/2 Inch iron rod foand on the aforementioned westerly right-of-way line of Solma-Cibolo
Read at the northeast corner of this tract;
THENCE, SOUTH 290 31' 07" EAST, with said wes.erly right-of--way line of Selma-Cibolo
Read, a distance of 192.00 Feet to the POINT Of BEGINMNG and containing 0.3135 Acre of
lznd.
(See attached drawing)
Terrance P. Mish
Registered Professional Land Surveyor
C: . . No. 4981
4 Job No. SA2016-01 128
l ' February 12,2016
EXHIBIT A: Rezoning Exhibit(Graphic)
Exhibit A
Symbology
CM Property Requesting Rezone
O Properties in 200' Notification Area
200'Notification Area
Cibolo City Limits
Parcel Boundaries
Od 2019
0 0.01 0-03 0.05 Miles
as
67062
66958
67074 66936 172487
67082
67083 67072
66943 67070
5-0
160771
66949
0
....................... ............................................
EXHIBIT B: Updated Official Zoning Map - City Of Cibolo, Texas
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