ORD 1326 01/09/2021 _k o�' cit
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TEX P,
"City of Choice"
ORDINANCE / 32 6
AN ORDINANCE APPROVING THE REZONING OF .23 ACRES OF REAL
PROPERTY LOCATED AT 203 BEE ALLEY HIGH DENSITY SINGLE-FAMILY
RESIDENTIAL (SF-6) AND OLD TOWN OVERLAY (OT) TO COMMUNITY
RETAIL/SERVICE (C-2) AND OLD TOWN 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 David and Ana Freimarck to rezone .23
acres of real property located at 203 Bee Alley from High Density Single-Family Residential (SF-6) and
Old Town Overlay(OT)to Community Retail/Service(C-2)and Old Town 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, February 10, 2021 at 6:30 p.m. in the Cibolo City Hall and the second public hearing being
conducted by City Council on Tuesday, February 23, 2021 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.23 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 December 27, 2020, 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 & 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 &. Zoning Commission recommended approval and the City Council
determined the zoning classifications of certain real property located 203 Bee Alley, 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 .23 acres of land in Guadalupe County, Texas, situated in the A.S. Lewis
Survey Number 78, Abstract 216; said .23 acres being depicted in EXHIBIT "A" (the
"Property"), and incorporated herein by reference, is hereby amended from High Density Single-
Family Residential (SF-6) and Old Town Overlay (OT) to Retail/Service (C-2) and 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. REPEALED. 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.
Qfih �
PASSED,APPROVED,AND ADOPTED THIS -4 DAY OFn2021.
G
Stosh Boyle v
Mayor, City of Cibolo
ATTEST:
Peggy Cimics, TRMC
City Secretary, City of Cibolo
EXHIBIT A: Rezoning Exhibit
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EXHIBIT B: Updated Official Zoning Map - City of Cibolo, Texas
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TeX A`' 1:24,000 Mlles