ORD 1328 03/02/2021 or c/�
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ORDINANCE S
AN ORDINANCE APPROVING THE REZONING OF PROPERTIES LOCATED AT
1876 FM 1103;COMPRISED OF 10.75 ACRES,OF WHICH 3.616 ACRES ALONG FM
1103 WOULD BE REZONED FROM NEIGHBORHOOD COMMERCIAL (C-1) TO
GENERAL RETAIL/OFFICE RESTRICTIVE ALCOHOLIC SALES DISTRICT (C-
3R)WITH A CONDITIONAL USE PERMIT(CUP)FOR CONVENIENCE STORAGE
AND 7.134 ACRES FROM NEIGHBORHOOD COMMERCIAL (C-1) TO GENERAL
COMMERCIAL (C-4) WITH A CONDITIONAL USE PERMIT FOR VEHICULAR
STORAGE; 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 Janet C Day and Raymond Wallace to rezone
10.75 acres of real properties located 1876 FM 1103, of which 3.616 acres would be rezoned from
Neighborhood Commercial (C-1) to General Retail/Office Restrictive Alcoholic Sales District (C-
3R)/Conditional Use Permit (CUP) for Convenience Storage and 7.134 acres would be rezoned from
Neighborhood Commercial (C-1) to General Commercial (C-4)/Conditional Use Permit (CUP) for
Vehicular Storage.
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, 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, March 2, 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 10.75 acres, of which 3.616 acres from C-1 to C-3R/CUP and 7.134 acres from C-1
to C-4/CUP,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 Gazette, a newspaper
of general circulation in the City of Cibolo, on January 24, 2021 and January 27, 2021 and February 21,
2021, with said publications provided more than fifteen (15) days prior to the public hearing before the
City Council; and
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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 at 1876 FM 1103,
for 3.616 acres from C-1 to C-3R/CUP and 7.134 acres from C-1 to C-4/CUP, 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 10.75 acres of land in Guadalupe County, Texas, out of the Sexto
Dominguez Survey, Section 152, Abstract 110 of Guadalupe County Public Records; said 10.75
acres of real properties being depicted in EXHIBIT"A"(the"Property"), and incorporated herein
by reference, is hereby amended from 3.616 acres of Neighborhood Commercial (C-1)to General
Retail/Office Restrictive Alcoholic Sales District (C-3R)/Conditional Use Permit (CUP) for
Convenience Storage and 7.134 acres from Neighborhood Commercial (C-1) to General
Commercial (C-4)/Conditional Use Permit(CUP)for Vehicular Storage.
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.
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PASSED,APPROVED,AND ADOPTED THIS DAY OF 2021.
Stosh Boyl
ATTEST: Mayor, City of Cibolo „
Peggy Cimics, TRMC
City Secretary, City of Cibolo
EXHIBIT A: REZONING EXHIBIT (LEGAL DESCRIPTION)
METES AND BOUNDS DESCRIPTION OF
A 10.760 ACRE(466.267 SOURE FOOT)TRACT OF LAND SITUATED IN THE SEXTO DOMINGUEZ SURVEY.SECTION NUMBER
152.ABSTRACT 110,GUADALUPE COUNTY.TEXAS:AND BEING OUT OF A 19.63 ACRE TRACT OF LAND DESCRIBED IN
WARRANTY DEED RECORDED IN VOLUME 586.PAGE 64.OFFICIAL PUBLIC RECORDS.GUADALUPE COUNTY.TEXAS:SAID
10.75 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1/24NCH IRON ROD MARKING THE MOST NORTHERLY CORNER OF A 0243 OF AN ACRE TRACT.
DESCRIBED IN A DEED RECORDED IN DOCUMENT NUMBER 2017019093.OFFICIAL PUBLIC RECORDS,GUADALUPE COUNTY.
TEXAS AND BEING THE MOST EASTERLY CORNER OF A 0.192 OF AN ACRE TRACT OF LAND DESCRIBED IN A DEED
RECORDED IN DOCUMENT NUMBER 2017025M.OFFICIAL PUBLIC RECORDS.GUADALUPE COUNTY.TEXAS.
THENCE N W 40'20'E A DISTANCE OF 889.86 FEET,TO A 1124 NCH IRON ROD FOUND ON THE SOUTHWESTERLY
BOUNDARY LINE OF A 10.0 ACRE TRACT OF LAID.DESCRIBED IN WARRANTY DEED WITH VENDOR'S LIEN RECORDED IN
VOLUME 2975.PAGE 1008.OFFICIAL PUBLIC RECORDS.GUADALUPE COUNTY.TEXAS,AND MARIaNG THE MOST EASTERLY
CORNER OF A CALLED 78 ACRE TRACT OF LAND DESCRIBED IN SPECIAL WARRANTY DEED RECORDED IN VOLUME 2873,
PAGE W.OFFICIAL PUBLIC RECORDS:
THENCE S 31`10!58'E A DISTANCE OF 525.55 FEET.TO A 14NCH IRON PIPE ON THE NORTHWESTERLY BOUNDARY LINE OF
A CALLED 15.196 ACRE TRACT OF LAND DESCF48M IN GIFT DEED RECORDED IN VOLUME 2665,PAGE 885.OFFICIAL
PUBLIC RECORDS,BEXAR COUNTY.TEXAS AND MARKING THE MOST SOUTHERLY CORNER OF SAID 10.0 ACRE TRACT:
THENCE S 58' W 21'W A DISTANCE OF 894.58 FEET,ALONG THE NORTHWESTERLY BOUNDARY LINE OF SAID 15.196 ACRE
TRACT TO A 1/24NCH IRON ROD FOUL MARKING THE MOST EASTERLY CORNER OF SAID 0.243 ACRE TRACT.
THENCE N 30"40'OT W A DISTANCE OF 524.19 FEET.ALONG THE NORTHEASTERLY BOUNDARY LINE OF SAID 0243 ACRE
TRACT TO THE POINT OF BEGINNING AND CONTAINING 10.750 ACRES MORE OR LESS AS SURVEYED BY MACINA,BOSE,
COPELAND.AND ASSOCIATES.INC.
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