Of the 93 properties that fell within the rezoning area, 12 submitted affidavits to be rezoned as medi- um-density single-family residential, while 47 submit- ted affidavits to remain commercial/retail properties, and 21 did not respond. The remaining 13 properties were already zoned commercial/retail before 2010. Local business owner Cassandra Kearns told coun- cil members the rezoning of properties would be a set- back to business development in the area. “If [City Council rezones], you are going to set back our downtown area for probably five-plus years while you sit here and figure out what you want it to look like and as you spend time to redo the plan,” she said. Lamar Street resident Adam Savoy said he believes residents should have a choice in zoning, and the rezoning is welcome as long as residents agree. “I think that the right thing for the city of Cibolo to do is to allow folks that want to stay commercial now to stay commercial and for those folks who want to revert back to what they were in 2010 to do that,” Savoy said. Some residents expressed concerns with zoning changes affecting properties’ appraisal values. Peter Snaddon, chief appraiser for the Guadalupe County Appraisal District, said protections are pro- vided by the state to homeowners within an area where the zoning conflicts with the properties’ use. The Texas Tax Code states the market value of a residence homestead shall be determined solely on the basis of the property’s value as a residence home- stead, regardless of whether the residential use of the property by the owner is considered to be the highest value and best use of the property.
This means resident homestead properties within the district should be appraised as residential regardless of the overlay zoning. “If the single-fam- ily residence is an owner’s elected homestead, a jurisdictional exception is afforded appraisal dis- tricts in the appraisal of the property,” Snaddon said. The outcome With the approval of the ordinance to rezone properties, city staff will begin work on the second phase of the project, which includes redefining the medium-density single-family residential zoning designation so it also applies to the Old Town Cibolo area. The remaining parts of the process are to be completed by the end of May, and until then, city officials will analyze the properties within the dis- trict and have staff return with an Overlay District Regulation, Reed said. While the city has zoning for medium-density sin- gle-family areas, the properties that fall within the district will follow an alternative definition, similar to how commercial zoning varies between down- town and the rest of the city. Now, property owners who wish to sell to devel- opers or start a business will have to go through the rezoning process again, Reed said. “[The rezoning] gives the property owners assur- ance that their property can remain a single-family [residence] without commercial uses,” Reed said.
The Old Town Overlay was created in 2010, rezoning some commercial/retail. In January, City Council began discussions on rezoning homes to medium-density single-family residential. Council creates timeline for rezoning JAN. 11
Letter sent out to property owners JAN. 20
Town hall meetings held for resident feedback FEBRUARY
City Council holds public hearing regarding the rezoning
MARCH 14
City Council approves zoning ordinance MARCH 28 City staff works on second phase of the rezoning projects APRIL
Initial presentation on the second phase is to be held MAY
City Council to approve finalized second phase SUMMER
For more information, visit communityimpact.com .
SOURCE: CITY OF CIBOLO/COMMUNITY IMPACT
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