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HomeMy WebLinkAboutORD 2012-42 - SUP Hat CreekAn Ordinance of the City Councilof the City of Georgetown,+ a Special Permit! +, Restaurant Di '' on 1 Downtown zoned property, at City of Georgetown, Block 24 (replat), to be known as Hat Creek Burger Com _,an�k located at 405 S. Austin Avenue� reyealing 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 allowing a special use on the following described real property ("The Property"): 0.7434 acres in City of Georgetown, Block 24 (replat), as recorded in Document Number 2004039040 of the Official Records of Williamson County, Texas, hereinafter referred to as "The Property"; Whereas, the City Council has submitted the proposed special use request to allow a drive- through restaurant in a MU -DT District to the Planning & Zoning Commission for its consideration in 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, which time was not earlier than fifteen (15) days after the first day of such publication; and Whereas, written notice of such hearing was given not less than fifteen (15) days before the date set for the meeting before the Planning and Zoning Commission to all the owners of the lots within two hundred feet of the property, as required by law; and Whereas, the applicant for such zoning change placed on the property such sign(s) as required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen (15) days before the date set for such hearing; and Whereas, the City Planning and Zoning Commission, in a meeting held on April 3, 2012, recommended denial of the requested special use for the above described property to allow a drive- through in a MU -DT, Mixed -Use Downtown, zoned property subject to the following Conditions: No special conditions were addressed by the Planning and Zoning Commission. Ordinance Number: CPO 1 P - LI a Page 1 of 2 Description: Special Use Permit to allow a restaurant with drive-through Date Approved: June 26, 2012 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 overall vision, goals, and policies of the Georgetown 2030 Comprehensive Plan, and further finds that the enactment of this Ordinance is consistent with the policies of the Georgetown 2030 Comprehensive Plan, Section 2. The Zoning District for the Property shall remain MU -DT, Mixed -Use Downtown and the Ordinance allowing a special use of a drive-through restaurant on the property is hereby adopted by the City Council of the City of Georgetown, Texas. 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 Mayor is hereby authorized to sign this Ordinance and the City Secretary 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 22nd Day of May, 2012, PASSED AND APPROVED on Second Reading on the 261hDay of Tune, 2012, Brettle Secretary Ordinance Number.- ® L I A Description: Special Use Permit to allow a restaurant with drive-through Date Approved: June 26, 2012 By: Ge Mayor OF Garver