Ord 1363 05/24/2022 Zoning SF2 to AG O f C/
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ORDINANCE. I �J
AN ORDINANCE APPROVING THE REZONING OF 31.54 ACRES OY REAL
PROPERTY LOCATED AT 553 TOLLE ROAD FROM LOW DENSITY SINGLE-
FAMILY RESIDENTIAL (SF-2) TO AGRICULTURAL-HOMESTEAD DISTRICT
(AG); 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 Council directed the City's Planning staff to proceed with city-initiated re-zoning of
31.54 acres located at 553 Tolle Road from Low Density Single-Family Residential(SF-2)to Agricultural-
Homestead District(AG); 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,,May 11,.2022 at 6:30 p.m. in the Cibolo City Hall and the second public hearing being
conducted by City Council on Tuesday,May 24, 2022 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 31.54 acres from SF-2 to-AG,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 11, 2022 and May 24, 2022, 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 provide_d 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, after much discussion, recommended to.City
Council to consider one of-two options: (1) to-deny the rezone because it is not:consistent with the future
land use.map'-in that this-area'calls for SF-2 zoning; or(2)to approve the zoning classifications of the real
property located 553 Tolle Road,from SF-2 to AG, as reflected in the attached Exhibit "A" at the s am e
time the City amends the future land use map so: that this. : rezoning to AG is
consistent with the future land use .map;
NOW,THEREFORE:BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOL09
TEXAS:
SECTION 1.AMENDMENT.
A. The zoning district for 31.54 acre tract of land in Guadalupe County, Texas,.situated. in the
Geronimo Leal Survey No. 85, recorded at Vol. 386 Page 397-398, Vol. 393 Page 5.50 and Vol.
437 Page 231 of Guadalupe County Deed Records; said 31.54 acre tract being depicted in
EXHIBIT "A" (the "Property"), and incorporated herein by reference, is hereby amended from
Low Density Single-Family Residential(SF-2)to Agricultural-Homestead District(AG).
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 QDAY OF ,2022.
Stosh Boyle
Mayor, City of Cibolo
ATTEST: .
Peggy Cimics, TRN4C
City Secretary, City of Cibolo
EXHIBIT A: Rezoning-Exhibit(Legal Descriptions)
FIELD, NOTES
FOR
A 31.540 acre tract of .land out .of the Geronimo Leal Survey No. 85, and also being .
out of a tract called 25:acres as described in:Volume 386, Pages 397-398 of the Deed
Records, and: out of a tract called 23.664 acres, said 23.664 acre tract being out
of a 77.995.acre tract described in Volume 393, Pages 550 and also out of a tract
:called .15:884 acres :as described in Volume 437, Page 231 of the Deed. _Records of Guada-
lupe County, Texas, and being more particularly described as follows:
BEGINNING: At-an iron, pin set in the Southwest Right-of-Way line of Tolle Road No: .
373, for a corner of this tract, said point being S .290 12" 28" E 38.05 feet from
: the Northeast corner of the aforementioned 25 acre. tract ,.same being.the East corner
of the aforementioned 23.664 acre tract;
THENCE: Leaving said Right-of-Way, S 58° 01' 31" W 1289.83 feet to an iron pin
set for an interior corner of this tract;
THENCE: S 30" 00' 00" E 353.75 .feet to• an iron pin set in-the Southeast fence Tine
of the aforementioned 25 acre tract, -for the Southeast corner of this tract:;
THENCE: With•said'Southeast. line, S 60° 001 00" W-1204.45 feet to'-an iron pipe
found..for_the Southwest corner.Of this tract; sai.d.poi.nt alsa*being the.Southwest
corner of the aforementi'one'd 25 acre tract;
THENCE: With fence and=the Southwest line.-of the..aforementioned 25 acre._tract, .N 30
00' 00" W 1 436.24 feet to an iron pipe -found for an.angle point of this tract,` taid
point also being the Northwest corner of-the aforementioned 25 'acre tract, same being
the South corner,of the aforementioned 15.844 acre tract;
THENCE: Continuing with fence and the Southwest line of the aforementioned 15.884
acre tract,-N 29" 25- :31" W 686.21 feet to an iron pipe found for the Northwest
corner of-this tract; said point also being the West corner of the aforementioned
15:884 acre tract;
THENCE: With fence and-the Northwest line.-of the aforementioned 15.884 acre tract;
N 590 34'09" E 1005.15 feet to an angle point of this tract,. said point being the
North corner of the aforementioned 15.884 acre tract, same being the.West corner
of the aforementioned 23.664 acre. tract;
THENCE: With the Northwest line,of said23.664 acre.tract, N 600 03' 49" E 32.76
feet to an iron pin :set for the Northeast corner of this tract.
THENCE: S 290 37' 07" E 681.81, feet to-an iron pin set for an interior corner of.
.this tract
THENCE.: N 58° 01:' 31" E 1455.14 feet to an iron pin set. in-.the Southwest Right-
of-Way line of Tolle Road No. 373, said point being in the Northeast line of; the
aforementioned 23.664.acre tract;
THENCE:. With said' Right-of-Way line, S 29° 37' 07" E 62.05 ;feet and S. 29° 12' 2t3" E
38:05 feet to the Point'of Beginning and containing 31.540 acres of land, more or
less.:...
I hereby certify that these-field notes were prepared from an actual survey made
on the ground under my supervision, December 5, 1981.
OF r S. Craig Hollmig -j
Registered Public Surveyor
S..UMIG...........
HOLL I lG
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......................
oce RF 23539 f°:44
EXHIBIT A:Rezoning Exhibit(Mapped) .
Di
I I I III I I III H I I
Symbology
• Properties Requesting Rezone
•' iii. Properties in 200'Notification Area
200'Notification Area
L,_a Cibolo City Limits
I HL• 0 Parcel Boundaries
June 2019
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EXHIBIT B: Updated Official.Zoning Map.-City Of Cibolo, .Texas
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