HomeMy WebLinkAboutORD 2006-117 - REZ 402 W University AveORDINANCE O
An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the
Zoning District Map adopted on the 41h Day of April 2002 in accordance with the Unified
Development Code passed and adopted on the 111h Day of March 2003, to Change 0.258 acres in
the Dalrymple Addition, Block G, as recorded in Volume 20, Page 169 of the Records of
Williamson County, Texas from RS, Residential Single Family District, to MUDT, Mixed Use
Downtown District repealing conflicting ordinances and resolutions; includinga 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 property ( "The Property "):
0.258 acres in the Dalrymple Addition, Block G, as recorded in Volume 20, Page 169
of the Records of Williamson County, Texas hereinafter referred to as "The
Property";
Whereas, the City Council has submitted the proposed change in the Base Ordinance to the
Planning and 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
for the first day of such publication; and
Whereas, written notice 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 September 5, 2006
recommended Approval of the requested zoning change for the above described property from RS,
Residential Single Family District, to MUDT, Mixed Use Downtown District, in accordance with
attached Exhibit A.
d to. o -I17
Dalrymple Addition, Block G
Rezoning from RS to MUDT
Pagel of 3
Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas, that::
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 objective of the Georgetown Century Plan, Future Land Use and
Thoroughfare Plan:
• Objective 1.3: Ensure that new developments will b compatible with existing land uses in
terms of use, density, building heights, scale and offsiteeffects.
• Objective 1.5: Require zoning change requests to be consistent with the Future Land Use
Plan.
• The future Land Use Plan designates this property as "Downtown."
and further finds that the enactment of this ordinance is not inconsistent or in conflict with any
other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy
Plan.
Section 2. The Base Ordinance and the Zoning Map of the City, as well as the Zoning
District for the Property shall be and the same is hereby changed from RS, Residential Single Family
District, to MUDT, Mixed Use Downtown District, in accordance with attached Exhibit A which is
attached hereto and incorporated by reference herein, 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.
oRD, Aoob 1/7
Dalrpnple Addition, Block G
Rezoning from RS to MUDT
Page 2 of 3
PASSED AND APPROVED on First Reading on the24t', day of October 2006.
PASSED AND APPROVED on Second Reading on the 141" day of November 2006.
ATTEST:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
x
Patricia E. Carls
City Attorney
THE CITY OF GEORGETOWN:
B . Gary felon
Mayor
J:\ CUR_ PLAN \REZONE \REPORT \2006 \Dalrymple Addition, Block G.ORD.doc
Dalrymple Addition, Block G
Rezoning from RS to MUDT
Page 3 of 3
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CRICHTON AND ASSOCIATES, INC.
LAND SURVEYORS
107 NORTH LAMPASAS
ROUND ROCK, TEXAS
512 -244 -3395
FIELD NOTES
FIELD NOTES FOR A °0.4151 ACRE TRACT OF LAND BEING
LOTS 53 61 AND THE SOUTH ONE -HALF OF LOT 7, BLOCK 4,
GLASSCOCK ADDITION TO THE CITY OF GEORGETOWN AS
RECORDED IN VOL. 26, PG, 321, DEED RECORDS,
WILLIAMSON COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS
BEGINNING at a %z" iron rod set at the point of intersection of the North R.O.W. line of West 10'i'
Street and the East R.O.W. liar of Forest Street, being the Southeast comer of said Block 4 and the Southwest
corner of said Lot 5. Said iron rod also being the Southwest corner of this tract and the POINT OF
BEGINNING.
THENCE N 000 00' 00" W, with the East R.O.W. line of Forest Street, also being the West line of said
Lots 5, 6, and 7, Block 4, 151.21 feet to a'' /z" iron rod set on the West line of Lot 7, being the Southwest comer
of a 0.2856 acre tract conveyed to Kelly Olmstead in Document No. 2000078685, Official Public Records,
Williamson County, Texas, and the Northwest comer of this tract.
THENCE S 890 49' 09" E, with the South line of the said Olmstead tract, and through the interior of
said Lot 7, 119.60 feet to a'' /a" iron rod set on the West line of Lot 2 of said Block 4, also being the East line of
said Lot 7, being the Northeast comer of this tract.
THENCE S 000 40' 37"W, with the West line of said Lot 7, 3097 feet to a %a" iron rod found being
the West common comer of Lots 2 and 3, of said Block 4.
THENCE S 000
20' 59"
E, with
the West line of said Lot 3, 60.36 feet to a'iz" iron rod found, being
the West common corner
of Lots
3 and 4,
of said Block 4.
THENCE S 00° 14' 24" E, with the West line of said Lot 4, 60.01 feet to a %z" iron rod found on the
North R.O.W. line of West 10'h Street, being the Southwest corner of said Lot 4, the Southeast corner of said
Lot I. and the Southeast comer of this tract.
THENCE N 890 45' 32" W, with the North R.O.W. line of West 10`f Street, 119.85 feet to the POINT
OF BEGINNING and containing 0.4151 acres of land more or less
I hereby certify that the foregoing field notes were prepared from a survey on the ground under my
supervision and are true and correct to the best of my knowledge and belief.
Witness m hand and s al st 17, 2006
E ward W. Bradfield, R.P.L.S. 5617
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06.318
iAH D W. BRA
City Council meeting: November 14, 2006 Item No.
da Item Cover Sheet
Subject: Second Reading of an Ordinance Rezoning a 0.258 acre portion of Block G. Dalrymple
Addition, located at 402 West University Avenue from RS, Residential Single - Family district to MU-
DT, Mixed Use Downtown district REZ- 2006 -033
Item Summary:
Owner: Paul and E'Lane Lefforge
Location: City Limits
Utilities: City of Georgetown water, wastewater and electric
Century Plan: Intensity Level 3
Zoning: RS, Residential Single Family District within the Downtown Overlay District
Land Use Plan: Downtown
Status /History:
The site is located on the south side of University Avenue, west of Austin Avenue (See Exhibit A).
The site has been vacant for several months and a historic residential structure will be moved to the
lot. The surrounding properties are zoned RS, Residential Single Family, OF, Office, and PUD,
Planned Unit Development. The property is within the Downtown Overlay District which has a
future land use designation of Downtown. A property across University Avenue has recently
rezoned to MUDT and an application for rezoning has also been filed on the property contiguous to
the west.
Proposal:
The applicant is seeking a rezoning from the current "RS ", Residential Single Family district to
"MUDT ", Mixed Use Downtown district. Per the submitted letter of request (See Exhibit B) the
applicant is seeking the rezoning for consistency with other properties along University Avenue
Pursuant to Section 4.04.020(C) of the UDC the purpose of the MUDT, Mixed Use Downtown
District is:
"to provide a location for a mix of land uses including general commercial and retail
activities, office as well as single and multi- family residential in the downtown area.
Individual uses are typically limited in size although there may be regular and occasionally
heavy traffic. The Mixed Use Downtown District is only appropriate in the traditional
downtown area of Georgetown ".
Pursuant to the Future Land Use Plan the " Downtown" land use designation is intended to
encourage a combination of uses including residential, office and retail. Per the Downtown Master
Plan the subject property is located within the "University Avenue Character Area" described as a
"major point of access into the downtown and the historic Old Town neighborhood ". The
development recommendations for the area include maintaina-ig the residential character when and
where possible and improving the pedestrian experience while allowing for commerial uses.
I
The request is in keeping with the commercial uses along west University Avenue and the Future
Land Use Plan. The property to the immediate west is zoned PUD and has filed an application for
rezoning to MUDT, Mixed Use Downtown district. Surrounding zoning includes Office (OF),
Residential Single- family (RS) and PUD, Planned Unit Development. The proposed MUDT zoning
is in keeping with the Future Land Use Plan and the Downtown Master Plan.
Surrounding Zoning and Land Uses.
Location
Zoning
Existing Use
Future Land Use
North (across University)
PUD
RS
Office
Residential
Downtown
South (along Forest)
RS
Residential
Residential
East (across Forest on University)
OF
Office
Downtown
West (contiguous on University)
PUD
Office
Downtown
Zoning Designations:
RS, Residential Single Family; OF, Offic4 PUD, Planned Unit Development
Site Plan:
The site has been vacant for several months and a historic residential structure will be moved to the
lot. The applicant will be required to submit a site plan as a part of this development. The addition .
of the structure to the lot has been approved by the Historic and Architectural Review Commission.
Section 3.13.010 (A)(1) requires that a Certificate of Design Compliance for any proposed exterior
changes be issued for the project subject to review by the Historic and Architectural Review
Commission (HARC).
Signage:
Exterior signage for the property is subject to the guidelines for signs established by the Design
Guidelines for the Downtown Overlay District and review HARC. Pursuant to Table 10.06.010
( "Sign Dimensions by District ") of the UDC monument signs in the Downtown Overlay District can
be no greater than 5 feet in height and pole signs are not permitted.
Bases of Support:
Section 3.06.030 Approval Criteria (Rezoning)
A. The application materials submitted provide complete, sufficient and correct information
necessary to render adequate review and final action;
B. The proposed MUDT, Mixed Use Downtown district implements the following Goals J
Policies of the future Land Use Plan:
Objective 1.3: Ensure that new developments will be compatible with existing land uses
in terms of use, density, building heights, scale, and offsite effects.
Objective 1.5: Require zoning change requests to be consistent with the Future Land Use
Plan.
- The proposed MUDT, Mixed Use Downtown district is consistent with the
2
"Downtown" land use designation.
• The Downtown Master Plan recommends that this area (University, Avenue Character
Area) retain its residential character while allowing for commercial uses.
C. T11e proposed MUDT, Mixed Use Downtown district promotes the health, safety, or general
welfare of the City and the safe, orderly and healthful development of the City.
D. Tl1e proposed MUDT, Mixed Use Downtown district is compatible with the zoning and use
of surrounding properties, and with the character of the surrounding area.
• As indicated, the surrounding land uses and zoning include residential, office and
commercial which are compatible with the proposed downtown commercial
designation.
E. The site is suitable for the range of uses permitted in the MUDT, Mixed Use Downtown
district. However, an intensity level change will be required before the property can be
used as a restaurant.
Special Considerations: None.
Financial Impact: None.
Comments: One comment in favor of the rezoning has been received.
At their regular meeting on October 3, 2006 the Planning and Zoning Commission recommend to
the City Council APPROVAL of the Rezoning of a 0.258 acre portion of Block G of the Dalrymple
Addition, from RS, Residential Single- family District to MUDT, Mixed Use Downtown district for
the property located at 402 University. Approved 6-0.
Recommended Motion: Conduct a second reading of an Ordinance Rezoning a 0.258 acre portion of
Block G of the Dalrymple Addition, from RS, Residential Single - family District to MUDT, Mixed
Use Downtown district for the property located at 402 University.
Attachments: Ordinance with Location Map.
Submitted Bv:
4 Z44 A
Bobby Ray, AICP
Director of Planning and Development
.r
3
v
Rebecca Rowe
Historic District Planner
ORDINANCE NO.
An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the
Zoning District Map adopted on the 411, Day of April 2002 in accordance with the Unified
Development Code passed and adopted on the 1111, Day of March 2003, to Change Lots 5, 6 and
south 1/2 of Lot 7 in the Glasscock Addition, Block 4, as recorded in Volume 79, Page 253 of the
Records of Williamson County, Texas from RS, Residential Single Family District, to MUDT,
Mixed Use Downtown District; 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 followirg described real property ( "The Property"):
Lots 5, 6 and the south 1/2 of Lot 7 in the Glasscock Addition, Block 4, as recorded in
Volume 79, Page 253 of the Records of Williamson County, Texas hereinafter
referred to as "The Property ";
Whereas, the City Council has submitted the proposed change in the Base Ordinance to the
Planning and 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
for the first day of such publication; and
Whereas, written notice 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 bylaw 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 Plarming and Zoning Commission in a meeting held on September 5, 2006
recommended Approval of the requested zoning change for the above described property from RS,
Residential Single Family District, to MUDT, Mixed Use Downtown District, in accordance with
attached Exhibit A.
Glasscock Addition, Block 4
Rezoning from RS to MUDT
Page I of 3
Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas, that::
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 objective of the Georgetown Century Plan, Future Land Use and
Thoroughfare Plan:
• Objective 1.3: Ensure that new developments will b compatible with existing land uses in
terms of use, density, building heights, scale and offsite effects.
• Objective 1.5: Require zoning change requests to be consistent with the Future Land Use
Plan.
• The future Land Use Plan designates this property as "Downtown."
and further finds that the enactment of this ordinance is not inconsistent or in conflict with any
other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy
Plan,
Section 2. The Base Ordinance and the Zoning Map of the City, as well as the Zoning
District for the Property shall be and the same is hereby changed from RS, Residential Single Family
District, to MUDT, Mixed Use Downtown District, in accordance with attached Exhibit A which is
attached hereto and incorporated by reference herein, 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.
Glasscock Addition, Block 4
Rezoning from RS to MUDT c+c.0 i% `t/ Ex 7
Page 2 of 3
PASSED AND APPROVED on First Reading on the 2411, day of October 2006,
PASSED AND APPROVED on Second Reading on the 14t1, day of November 2006.
ATTEST:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Patricia E. Carls
City Attorney
THE CITY OF GEORGETOWN:
By: Gary Nelon
Mayor
J: \CUR_PLAN \REZONE \REPORT \2006 \Glasscock Addition, Block 4.ORD.doc
Glasscock Addition, Block 4
Rezoning from RS to MUDT
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