ORD 1322 12/08/2020 OF C/6
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ORDINANCE
AN ORDINANCE APPROVING THE REZONING OF 71 ACRES OF REAL
PROPERTIES LOCATED BETWEEN GREEN VALLEY ROAD AND WIEDNER
ROAD, NORTHWEST OF THE GATEWOOD SUBDMSION, FROM LOW
DENSITY SINGLE-FAMILY RESIDENTIAL (SF-2) TO MEDIUM DENSITY
SINGLE-FAMILY RESIDENTIAL (SF-4); 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 GovemmentCode 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 Blanton Family,LP,Donna Council,Peter A
Blahs,and Daniel& Sabrina Pish to rezone 71 acres of real properties located between Green Valley Road
and Wiedner Road and northwest of the Gatewood Subdivision, from Low Density Single-Family
Residential(SF-2)to Medium Density Single-Family Residential(SF-4);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 a& Zoning Commission on
Wednesday,November 18,2020 at 6:30 p.m. in the Cibolo City Hall and the second public hearing being
conducted by City Council on Tuesday,December 8, 2020 at 6:30 p.m. in the Cibolo City Hall; each
being conducted for the purpose of providing all interested persons the opportunityto be heard concerning
the proposed rezoning of 71 acres from SF-2 to SF-4,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 posted on the City's official website and published in the Seguin Gazelle, a newspaper
of general circulation in the City of Cibolo, on October 25, 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 between Green Valley
Road and Wiedner Road and northwest of the Gatewood Subdivision, from SF-2 to SF-4, as reflected in
1
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 CIROLO,
TEXAS:
SECTION 1.AMENDMENT.
A. The zoning district for 71 acres of land in Guadalupe County, Texas, out of the Trinidad Garcia
Survey,No.94,Abstract 137 of Guadalupe County Public Records;said 71 acres of real properties
being depicted in EXHIBIT"A"(the"Property"),and incorporated herein by reference,is hereby
amended from Low Density Single-Family Residential(SF-2)to Medium Density Single-Family
Residential(SF-4).
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 EXHIB T"B".
SECTION 2. DECLARATION OF COMPLIANCE. The City Council finds that all required public
notices for the rezoning of the Property described in EXHHiIT "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. 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 6. EFFECTIVE DATE. This ordinance shall become effective upon the adoption of this
ordinance.
PASSED,APPROVED,AND ADOPTED THIS g DAY OF Dom,2020.
Stash Boyle
ATTEST: Mayor,City of Cibolo
Peggy Cimics,TRMC
City Secretary,City of Cibolo 40
2
EXHIBIT A: REZONING EXHIBIT (LEGAL DESCRIPTION)
METES AND BOUNDS DESCRIPTION
FOR
MESA WESTERN ZONING EXHIBIT
A 71.751 acre,or 3,125,467 square feet more or less,tract of land,being comprised of all of a called 9.78-
acre tract,described in deed to Daniel J.Pish and Sabina M.Pish recorded In Document No.201899029086
of the Official Public Records of Guadalupe County,Texas,all of a called 21.168-acre tract,described in
deed to Daniel J. Pish and Sabina M. Pish recorded in Volume 2657, Pages 11-15 of the Official Public
Records of Guadalupe County,Texas and all of a called 13.684-acre tract, described in deed to Daniel J.
Pish and Sabina M.Pish recorded in Volume 1565,Pages 13-15 of the Official Public Records of Guadalupe
County,Texas,all of a called 10.87 acres described in deed to Blanton Family Limited Partnership recorded
in Document Number 202099001908 of the Official Public Records of Guadalupe County,Texas, all of a
called 1.429-acre tract, described in deed to Peter A. Blaha recorded in Volume 2074, Page 283 of the
Official Public Records of Guadalupe County,Texas,all of a called 3.8180-acre tract,described in deed to
Donna Lynn Council recorded in Document Number 201899014381 of the Official Public Records of
Guadalupe County, Texas, all of a called 11.000-acre tract, described in deed to Duane M. Vollmer
recorded in Document Number 201899024707 of the Official Public Records of Guadalupe County,Texas,
out of the Trinidad Garcia Survey 94,Abstract 137, of the City of Clbolo, Guadalupe County,Texas.Said
71.751-acre tract being more fully described as follows, with bearings based on the Texas Coordinate
System established for the South Central Zone from the North American Datum of 1983 NAD 83(NA2011)
epoch 2010.00:
BEGINNING: At a found K"iron rod,on the southeast right-of-way line of Green Valley Road,a
variable width right-of-way,40-foot minimum,the north corner of a 50.32-acre tract
recorded in Volume 2803,Pages 606-612 of the Official Public Records of Guadalupe
County,Texas,same being the west comer of said called 9.78-acre tract;
THENCE: N 59'50'40"E, with the southeast right-of-way line of said Green Valley Road, same
being the northwest line of said called 9.78-acre tract,a distance of 319.11 feet to a
found K" iron rod,the west corner of a called 1.00-acre tract recorded in Document
No. 201616026813 of the Official Public Records of Guadalupe County,Texas, same
being the north corner of said called 9.78-acre tract;
3
THENCE; 530'55'07"E, departing the southeast right-of-way line of said Green Valley Road,
with the southwest line of said called 1.00-acre tract,same beingthe northeast line of
said called 9.78-acre tract,at a distance of 546.37 feet passing a found%"iron rod,at
the west corner of a called 5.73-acre tract,less&except an unlocated 19.5'x 360'strip
recorded in Volume 1665, Pages 227-231 of the Official Public Records of Guadalupe
County,Texas,same being the south corner of said called 1.00-acre tract, continuing
with the northeast line of said called 9.78-acretract,same being the southwest line of
said called 5.73-acre tract, less & except an unlocated 19.5' x 360' strip, for a total
distance of 1329.32 feet to a found 1f" Iron rod, on the northwest line of the
aforementioned called 21.168-acre tract, same being the south corner of said called
5.73-acre tract, less & except an unlocated 19.5' x 360' strip, same being the east
corner of said called 9.78-acre tract;
THENCE: N 59'57'07"E,with the northwest line of said called 21.168-acre tract,same being the
southeast line of said called 5.73-acre tract, less &except an unlocated 19.5' x 360'
strip,at a distance of 298.96 feet passing the south corner of a called 10.16-acre tract
recorded in Volume 1294, Pages 177-180 of the Official Public Records of Guadalupe
County,Texas,same being the east corner of said called 5.73-acre tract,less&except
an unlocated 19.5' x 360' strip, continuing with the northwest line of said called
21.168-acre tract, same being the southeast line of said called 10.16-acre tract, at a
distance of 318.31 feet passing a found M"Iron rod,In the southeast line of said called
10.16-acre tract, continuing with the northwest line of said called 21.168-acre tract,
same being the southeast line of said called 10.16-acre tract, at a distance of 628.94
feet passing the west corner of the aforementioned called 13.684-acre tract and the
north corner of said 21.168-acre tract, from which a found %" iron rod bears
5 35°24'02" E,a distance of 1.87 feet,continuing with the southeast line of said called
10.16-acre tract, same being the northwest line of said called 13.684-acre tract, at a
distance of 645.18 feet passing a found iron rod with a cap marked "MIS RPIS 4612",
at the south corner of a called 8.522-acre tract recorded in Document No.2017005479
of the Official Public Records of.Guadalupe County,Texas,same being the east corner
of said called 10.16-acre tract,continuing with the northwest line of said called 13.684-
acre tract,same being the southeast line of said called 8.522-acre tract,at a distance
of 966.35 feet passing the south corner of a called 10-acre tract recorded in Volume
1035, Pages 336-338 of the Official Public Records of Guadalupe County,Texas,same
being the east comer of said called 8.522-acre tract, continuing with the northwest
line of said called 13.684-acre tract, same being the southeast line of said called 10-
acre tract,for a total distance of 1296.44 feet to a fence post,on the southwest line
of a called 10.93-acre tract recorded in Document No. 2016016200 of the Official
Public Records of Guadalupe county,Texas,same being the east corner of said called
10-acre tract,same being the north corner of said called 13.684-acre tract,from which
a found 34"Iron rod bears 5 72'28'51"W,a distance of 0.69 feet;
4
THENCE: 5 30'30'18"E,with the southwest line of said called 10.93-acre tract,same being the
northeast line of said called 13.684-acre tract,at a distance of 723.96 feet passing the
west corner of a called 1.80000-acre tract recorded In Volume 3181, Pages 65-67 of
the official Public Records of Guadalupe County,Texas,same being a south corner of
said called 10.93-acre trac,continuing with the northeast line of said called 13.684-
acre tract,same being the southwest line of said called 1.80000-acre tract,for a total
distance of 947.33 feet to a fence post,on the northwest right-of-way line of Wiedner
Road (C.R. 380), a variable width right-of-way, same being the south corner of said
called 1.80D00-acre tract,same being the east corner of said called 13.684-acre tract,
from which a found X"iron rod bears N 59'26'03" E,a distance of 1.04 feet;
THENCE: Along and with the northwest and southwest right-of-way line of said Wiedner Road
(C.R.380),the following bearings and distances:
559°26'03"W, same being the southeast line of said called 13.684-acre tract, a
distance of 585.83 feet to a found K"iron rod,at an east corner of the aforementioned
21.168-acre tract,same being the south corner of said called 13.684-actre tract;
S 59'51118"W,same being a southeast line of said called 21.168-acre tract,a distance
of 123.77 feet to a found K"Iron rod,at a point of intersection forthe northwest and
southwest right-of-way lines of said Wiedner Road (C.R.380),same being an interior
comer of said called 21.168-acre tract;
S 30'3842" E,same being a northeast line of said called 21.168-acre tract,a distance
of 29.54 feet to a found pinched pipe, at the north corner of said called 10.87-acre
tract,
S 30'48'51" E,same being the northeast line of said called 10.87-acre tract,a distance
of 632.85 feet to a point;
S 08'49'47"E,a distance of 37.72 feet to a found 60D nail;
510'32'44"W,a distance of 22.12 feet to a found 60D nail;
5 22'37'10"W,a distance of 26.60 feet to a found 60D nail;
538'01'35"W,a distance of 57.49 feet to a found 60D nail;
S 59'33'55"W, a distance of 557.61 feet to found 1/2" Iron rod at an angle corner of
said called 3.8180-acre tract and the east comer of said called 1.429-acre tract;
5 59'19'41" W, same being on the southeast line of said called 1.429-acre tract, a
distance 245.07 feet to a point on the northeast line of said called 11.000-acre tract,
same being the south corner of said 1.429-acre tract;
5
S 31'16'39" E, same being the southeast line of said called 11.000-acre tract, a
distance of 7.64 feet to a point,same being the southeast corner of said called 11.000-
acre tract;
5 59'17'43" W, same being the southeast line of said called 11.000-acre tract, a
distance of 434.85 feet to a point,same being the south corner of said called 11.000-
acre tract;
THENCE: N 29'29'24"W,along the southwest line of said called 11.000-acre tract,at a distance
of 6.76 feet passing a point at an angle corner of said called 50.32-acre tract,
continuing for a total distance of 1133.11 feet to a point, same being the northwest
corner of said called 11.000-acre tract;
THENCE: Along the northeast lines of said 50.32-acre tract, the following bearings and
distances:
N 59'16'01" E, same being the northwest line of said called 11.000-acre tract, a
distance of 409.66 feet to a found 1/2" Iron rod, on the southwest line of said called
21.168-acre tract;
N 30'38'35" W, same being the southwest line of said called 21.168-acre tract, a
distance of 119.75 feet to a point;
N 30°44'10"W, same being the southwest line of said called 21.168-acre tract, a
distance of 466.09 feet to a found W Iron rod, at the south corner of the
aforementioned 9.78-acre tract,same being the west corner of said called 21.168-acre
tract;
N 30'49'20"W, same being the southwest line of said 9.78-acre tract, a distance of
420.03 feet to a found 1S"iron rod;
N 30'46'00"W,a distance of 541.78 feet to a found A"iron rod,and;
THENCE: N 30'40'19"W,a distance of 366.86 feet to the POINT OF BEGINNING and containing
71.751 acres In the City of Cibolo,Guadalupe County,Texas.Said tract being described
In conjunction with an exhibit prepared under job number 12132-01 by Pape-Dawson
Engineers,Inc.
This document was prepared under 22TAC663.21,does not reflect the results of an on the ground
survey,and is not to be used to convey or establish interests in real property except those rights and
Interests implied or established by the creation or reconfiguration of the boundary of the political
subdivision for which it was prepared.
\e OF
y,�PP�oNtrnep`1tP
PREPARED BY: Pape-Dawson Engineers,Inc. �
DATE: September 14,2020 G.E.Bg-H'g�N^'
JOB NO. 12132-01 ^q"'. H
.I /
DOC. ID. N:\CIVIL\12132-01\Word\12132-01 FN 71.751 AC.docx �8 SOA
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EXHIBIT A: REZONING EXHIBIT(MAPPED)
W LEGEND:
DN DEED RECORDS OF GUAOALUPE COUNTY, TEXAS
CITY OF OPR OFFICIAL PUBLIC RECORDS OF WADALUPE COUNTY.
CIBOLO TEXAS
DPR DEED AND PLAT RECORDS Q GOADAWPE COUNTY.
SITE raAS
p, PR PLAT RECORDS M GUADALUPE COUNTY. TEAS
FIR FOUND 1/2• IRON ROD
NOTES: NYY a wD' e9D'
IS E%HIBIT IS ISSUED IN CONJUNCTION
GUADALUPE WITH A METES AND BOUNDS
COUNTY �ON PREPARED UNDER JOB NO
WN3 OIl B PAPE OAWSON ENGINEERS.
INC. SCALE: 1'-,500'
2 THE BEARINGS ARE BASED ON THE
IIXAS COORDINATE SYSTEM ESTABLISHED
LOCATION MAP FOR THE SOUTH CENTRAL ZONE GRAN
THE NORTH AMERICAN DAWM OF 1983
„ggR.AM NAD 83 MA2011) EPOCH 2010.00. �� Y75� ACRES
GREEN VALLEY ROAD
W. WF�� (3,125,467 SO.FT.MORE OR LESS)
NIL K• +/// TRINIDAD GARCIA
P.O.B.
flA K'ML a SURVEY NO. 94
B ABSTRACT 137 K LR.
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DANIEL J. PISH A w
MESA WESTERN ED. 1/0.W SABIRA M. PISIN `PJ ZONING EXHIBIT 21.188 ACRES
(VOL 2657, www E l.d'
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SCHERU CIBGLO UNIVERSALCI AINNDEPENDENT SGHC% DISTRICT
CRES
nA (VYA. 2803, PCS. 606-612 O.P.R.)
1�19'41"W
INE TABLE
BEARING LENGTH LEE GOWNS
�ACQUELINEMELAINE GOWNS
98O40'E }18.11' - 1.00 ACRES
9'26'03'W 58&0.Y (DOC. /201616026813 O.P.R.)
JESUS PWNO R MY G. POLINO
931'18'W 123.TY 673 ACRES
[1'38'{2'E 29.5L' LESS k EXCEPT AN UNLOCATED
19.5' X 360' STRIP
]0'48'51'E 632.85' (VOL 1665. PGS. M-231 O.P.R.)
C49'Q'E 37.]7 JANES SCONELD & JUDY SCMELO0'32'4L'W 22.12' D10.16 ACRES(VOL. 1294, PGS toS O.P.R.)
Y'J7'10'W 26.60'38V1'35W 57.49' DAWD L. ENSUE 8: DOROTHY G. ENSUE, CO-TRUSTEES OF IHE RAND
L h DOROTHY C. ENSUE UWNG REVOCABLE TRUST
9'33'S5W 557.81' 8.522 ACRES
(DOC. 12017005479 O.P.R.)
5919'41'W 246.07'3118']9'E 7.84' THE BAROWSXI FAMILY
LIMITED PARTNERSHIP
L13 55917'4YW 434.85' ❑F 10 ACRES
(VDI. 1035, PGS. ]]8-338 O.P.R.)
L14 N5916'01'E 409.66'
S P 35'
3610 Mg1PRO5 1. LLC
30
L15 N ' ' W 119.75' G 10.83 ACRES
L16 N]0'4{'10'W 468.08' (DOC. /2018016200 O.P.R.)
L17 N30'4B'20'W 420.03' DANIEL J. TSH h SABINA M. PISH
1.80000 ACRES
L30'4WDIrW 541.78' (WL. 3181, PGS. 65-W O.P.R.)18 ;
L19 N30'40'19"W 368.86' BLANTON FAMILY LIMITED PARTNERSHIP
LIJ 10.87 ACRES
(DOC. #202099001908 O.P.R.)
PETER A. BIAHA
1.429 ACRES
(VDI. 2074, PG. 283 O.P.R.)
DONNA LYNN CWNCIL
3.8180 ACRES
(DOC. /201898014381 O.P.R.)
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8
EXHIBIT B: UPDATED OFFICIAL ZONING MAP - CITY OF CIBOLO,TEXAS
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City of Gbolo
Oaemt"oe.2020
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9