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HomeMy WebLinkAboutORD 2009-03 - REZ EsperanzaORDINANCE NOC, 001 0 An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Zoning District Map adopted on the 4ti Day of April 2002 in accordance with the Unified Development Code passed and adopted on the 11tt, Day of March 2003, to rezone 7.94 acres in the San Gabriel Estates, sots 7 and 8, from AG, Agriculture District to C-1, Local Commercial District, as recorded in Cabinet A, Slides 366-367 in the Official Public Records of Williamson County, Texas; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, an application has been made to the City Council for the Purpose of changing the Zoning District Classification of the following described real propert�� ("The Property"1: 7.94 acres in the San Gabriel Estates, Lots 7 and 8, recorded in Cabinet A, Slides 365-367 of the Official Public Records of �/t-'illiamson County, Texas, hereinafter referred to as "The Property Whereas, the Citgo Council has submitted the proposed change in the Base Ordinance to the Planning and Zoning Commission for its consideration at a public hearing and for its recommendation or report; and Whereas, notice of such hearing was published in a newspaper of general circulation in the City; which stated the time and place of hearing, whicih time was not earlier than fifteen (15) da�rs for the first day of such publication: and Whereas, written. notice was given not less than fifteen (15j days before the date set for the meeting before the Planning and Zoning Commission to all the owners of the lots within LLWO hundred feet of the property, as required by law,.- and Whereas, the applicant for such zoning change placed on the property such signs} as lam= for advertising the Planning and Zoning Commission hearing, not less than required by fifteen (15) days before the date set for such hearing; and Whereas, the City Planning and Zoninor Commission in a meeting held on December 9, 2008, recommended approval of the requested zoning change for the above described property from AG, Agriculture District to C-1, Local Commercial District. that: Now, therefore, be it ordained by the City Council of the City, of Georgetown, Texas, Section 1. The facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance implements the following vision of the Georgetown 2030 Comprehensive Plan, Esperanza AG to C-1 Zoning Pagel of.:� DYZ( 000q Z2> specifically the following goals, policies and actions of the Land Use Element: Goal 1: Promote sound, sustainable, and compact development patterns with balanced land uses, a variety of housing choices and well -integrated transportation, public facilities, and open space amenities. Goal 4: Maintain and strengthen viable land uses and land use patterns (e.g., stable neighborhoods, economically sound commercial and emplovment areas, etc.). and further finds that the enactment of this Ordinance is not inconsistent or in conflict with anv other policies of the Georgetown 2030 Comprehensive Plan. Section 2. The Base Ordinance and tine Zoning Map of the City, as well as the Zoning District for the Property shall be and the same is hereby changed from AG, Agriculture District to C-1, General Commercial District in accordance with Exhibit A (Location Map) and Exhibit B (Field Notes) and incorporated herein by reference, is hereby adopted by the City Council of the City of Georgetown, Texas, subject to the following condition: a. In the event of subdivision into two or more lots fronting Williams Drive, the "build - to" provision of the C-1 Zoning District may be applied to the entire linear road frontage of the Property and not on an individual lot basis. Section 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 4. If any provision of this Ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are hereby declared to be severable. Section 5. The Mavor is hereby authorized to sign this Ordinance and the Citv Secretan to attest. This Ordinance shall become effective and be in full force and effect on the date of final adoption by City Council. PASSED AND APPROVED on First Reading on. the 131, day of Tanuary, 2009. PASSED AND APPROVED on Second Reading on the 27 to day of January, 2009. ATTEST: Assistant City Esperanza AG to C-1 Zoung Page 2 of 3r THE CITY OF GEORGETOWN: George Garver Mavor APPROVED AS TO FORM: PatrlCia E. Carls City Attorney Esperanza AG to G1 Zoning Page of Oro Exhibit B FIELD NOTES Legal Description: Lot 7, SAVE AND EXCEPT a portion of Lot 7, conveyed to the State of Texas by deed recorded in Volume 1617, Page 420, Official Records, Williamson County, Texas, and Lot 8, SAVE AND EXCEPT a portion of Lot 8 conveyed to the State of Texas by deed recorded in Volume 1617, Page 416, Official Records, Williamson County, Texas of SAN GABRIEL ESTATES, a subdivision in Williamson County, TEXAS, according to the map or plat thereof recorded in Cabinet A, Slide 365-367, Plat Records, Williamson County, Texas. Metes and Bounds for Lots 7 and 8, San Gabriel Estates, Williamson County, Texas Beginning at the North East corner of Lot 8, San Gabriel Estates located in the Western Right-of-way of FM 2338 Bear South 36 degrees 55' 41" Fast 249.98' to a shared corner between lots 7 and 8 San Gabriel Estates thence bear South 36 degrees 55' 41" East 249.98' to the South East corner of lot 7, thence bear South 53 degrees 00' 41" West 636.42' to the South West corner of lot 7, thence bear North 49 degrees 08' 42" 256.24' to a shared corner between lots 7 and 8, thence bear North 49 degrees 08' 42" 256.28 feet to the North V'r,'est corner of lot 8, thence bear North 53 degrees 05' 38" 744.87' to the point of beginning. All in all encompassing 7.9408 acres.