Ord 1372 8/9/2022 Zoning Borgfeld Rd OF C/
r o
rE:x As
ORDINANCE NO.-1372
AN ORDINANCE ESTABLISHING ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTIES LOCATED NORTHEAST (LOT 2) AND NORTHWEST (LOT 3) OF THE
INTERSECTION OF WEST BORGFELD ROAD AND SOMERSET AVENUE, COMPRISED OF
3.4 ACRES FROM MULTI-FAMILY RESIDENTIAL (MF-1) TO NEIGHBORHOOD
:COMMERCIAL (C71) FOR LOT 2 AND MULTI-FAMILY : RESIDENTIAL (MF-1) TO
GENERAL RETAIL/OFFICE RESTRICTIVE ALCOHOL SALES (C-3R); AND PROVIDING
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; safetyand 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 to rezone 3.4 acres located northeast (Lot 2) and
northwest (Lot 3) of the intersection of West Borgfeld Road and Somerset Avenue, from Multi-Family
Residential (MF-1) to Neighborhood Commercial (C-1) for Lot 2 and from Multi-Family Residential .
(MF-1)to General Retail/Office Restrictive Alcohol Sales(C-3R)for Lot 3; and
WHEREAS, two public, hearings were held.to discuss the rezoning to the real properties described
herein; w it h the first public hearing being conducted by the Planning & Zoning Commission on
Wednesday,_July 13, 2022 at.6:30 p.m. in the Cibolo City.Hall and the second.public Bearing being
conducted by City Council on Tuesday, July.26, 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 3.4 acres from MF-1 to C-1„for Lot 1 and MF-1 to C=3R for Lot 2, 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 June 26, 2022, 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 and the City Council;-therefore
determined that rezoning certain real property located northeast (Lot 2) and northwest (Lot 3) of the
intersection of West Borgfeld Road and Somerset Avenue, from Multi-Family Residential (MF-1) to
Neighborhood Commercial (C-1) for Lot 2 and from Multi-Family Residential (MF-1) to General
Retail/Office Restrictive Alcohol Sales (C-3R) for Lot 3, as reflected in the attached Exhibit "A" would
be in,the best interest of the City.
NOW, THEREFORE: BE IT ORDAINED BY: THE CITY COUNCIL OF THE CITY OF
CIBOLO;TEXAS:
SECTION 1.AMENDMENT
A. The 3.4 acres located northeast(Lot 2) and northwest(Lot 3) of the intersection of Wes_t Borgfeld
Road and Somerset Avenue; shall be rezoned from Multi-Family Residential (MF-1) to
Neighborhood Commercial (C-1) for Lot 2 and from Multi-Family Residential(MF-1)to General
Retail/Office Restrictive. Alcohol :-Sales (C73R) for Lot 3, a :depiction,of which is more
specifically defined on Exhibit"A".
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 riot 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 orphrases 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 q DAY OF 2022.
Stosh Boyle
Mayor, City of-Cibolo
ATTEST:��
Peggy Cimics;TRMC
.City Secretary, City of Cibolo
EXHIBIT A: Rezoning Exhibit
Exhibit A:
..
S mbola
Y gY
0 Property Requesting Re2one
PYoperties in 200'Notification Area
®200'Notification Area
Q Parcel Boundaries
N.
0 65 130. 260
Feet PpH12022
66%7
167051 : .
i'
Lot 3
071
Lot 2 167063
65%9
0711 167062
` U71
6-Am 670m0
144901
67027
67050
ti
EXHIBIT B: Updated Official Zoning Map - City Of Cibolo, Texas
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