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HomeMy WebLinkAboutORD 2005-10 - Madison OaksORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING THE FUTURE LAND USE PLAN MAP OF THE CENTURY PLAN - DEVELOPMENT PLAN PASSED AND ADOPTED ON THE 28TH DAY OF MAY 2002, TO CHANGE THE AMENDED PLAT OF MADISON OAKS, PHASE I, BLOCK B, LOT 4 AND MADISON OAKS, PHASE II, BLOCK B, LOT 5, FROM RESIDENTIAL, TO LIGHT INDUSTRIAL, OR ANY MORE RESTRICTIVE CLASSIFICATION, LOCATED ON THE SOUTH EASTERN CORNER OF MADISON OAKS AVENUE; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Charter of the City of Georgetown was amended by vote of the people in April 1986 such that comprehensive planning was established as a continuous and ongoing governmental function; and WHEREAS, the City Council did, on March 8, 1988, adopt by Ordinance Number 880097 the Georgetown Century Plan - Policy Plan as the Comprehensive Plan for the City pursuant to Section 1.08 of the City Charter; and WHEREAS, the City Council did, on May 28, 2002, adopt by Ordinance Number 2002-32 adopt the Century Plan: Future Land Use Plan pursuant to Section 1.08 of the City Charter; and WHEREAS, the Century Plan- Future Land Use Plan contains the Future Land Use Map designed to assign future land uses throughout the Georgetown planning area; and WHEREAS, an application has been made to change the Future Land Use Plan Map assignment for the Amended Plat of Madison Oaks, Phase I, Block B, Lot 4 and Madison Oaks, Phase H, Block B, Lot 5, from Residential, designated for Multi Family, to Industrial, located at the southeastern corner of Madison Oaks Avenue; and WHEREAS, an application has been made to change the change the Future Land Use Plan Map from Residential and Williams Drive Mixed Use to Residential, Mixed Use, Office/Retail/Commercial, and Parks/Open Space, located north and west of Sun City Texas for Cowan Springs Development; and WHEREAS, the Planning and Zoning Commission did, on January 4, 2005, conduct a public hearing regarding the proposed amendment to the Century Plan — Future Land Use Plan; 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 Century Plan Amendment -Madison Oaks Ordinance No. ' # Page 1 of 3 WHEREAS, the applicant for such Plan amendment placed on the Amended Plat of Madison Oaks, Phase I, Block B, Lot 4 and Madison Oaks, Phase H, Block B, Lot 5, 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 Planning and Zoning Commission did, on January 5, 2005, recommend that the City Council approve the proposed amendment to the Century Plan — Future Land Use Plan Map; and 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 Policy Ends of the Century Plan - Policy Plan Element and Goals of the Future Land Use Plan: 1. Policy Statement: Georgetown 's natural and physical resources are managed so that citizens enjoy the benefits of economic and social development. 2. Future Land Use and Thoroughfare Plan: Goal l: Encourage the most desirable and efficient use of land while enhancing the physical environment through functional and compatible land use configurations. Objective 1.2: Plan for future development that is compatible with the City's natural features, environmentally sensitive areas, and existing land uses. 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. and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Ends, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The Future Land Use Map, contained in the Century Plan — Future Land Use Plan, is hereby amended by the City Council of the City of Georgetown Texas, to change the Future Land Use Plan Map from Residential, designated for Multi -Family, to Industrial, located at the southeastern corner of Madison Oaks Avenue for the Amended Plat of Madison Oaks, Phase I, Block B, Lot 4 and Madison Oaks, Phase H, Block B, Lot 5, as illustrated in Exhibit A of this ordinance. 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. Century Plan Amendment -Madison Oaks Ordinance No. 2 o ` @i Page 2 of 3 SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the 25 h day of January, 2005. PASSED AND APPROVED on Second Reading on the Y4 day of ebr - .Y MU1 I ATTEST: City Secretary ! APPROVED AS TO FORM: I� Patricia E. Carls City Attorney THE CITY OF GEORGETOWN: Mayor Century Plan Amendment -Madison Oaks Ordinance No. 00 T, # Page 3 of 3 Ordinance No. 2005-10 EXHIBIT A Exhibit p S MIXE q'ka en rILL 15" PUB oft 4� »2a»,✓�at s..� ezi.„-ur r w �+> ��.x .4>�.� adRa:o,r.h� 3 �� ,.u.3.a .4 e,�AM^a COM COM it a COM M011 0 M it IND 4 M .tR . VA If RES M P0 ZIr Miles S 0 0.05 0.1 0.2 0.3 0.4 Legend INETJo and Phase Two, Block B, Lot 5 ` Parcel Boundary Madison Oaks, Phase One, Block B, Lot 4 WE ��♦1 PARKS AND WILDLIFE COD? CHAPTER 26 EXHIBIT B Page 1 of I CHAPTER 26. PROTECTION OF PUBLIC PARKS AND RECREATIONAL LANDS 26.001, PROTECTED LAND; NOTICE OF TAKING. (a) A department, agency, political subdivision, county, or municipality of this state may not approve any program or project that requires the use or taking of any public land designated and used prior to the arrangement of the program or project as a park, recreation area, scientific area, wildlife refuge, or historic site, unless the department, agency, political subdivision, county, or municipality, acting through its duly authorized governing body or officer, determines that: (1) there is no feasible and prudent alternative to the use or taking of such land; and (2) the program or project includes all reasonable planning to minimize harm to the land, as a park, recreation area, scientific area, wildlife refuge, or historic site, resulting from the use or taking. (b) A finding required by Subsection (a) of this section may be made only after notice and a hearing as required by this chapter. (c) The governing body or officer shall consider clearly enunciated local preferences, and the provisions of this chapter do not constitute,.a,,mandatory prohibition against the use of the area if the findings are made that justify the approval of a program or project. Added by Acts 1983, 68th Leg., p. 1035, ch. 235, art. 6, 2(a), eff. Sept. 1, 1983. Ordinance No. 2005-10 Exhibit B 1,++..//.,.,,,,,, + t + + +., .,,./ + +,.+�,.117\17/ + «+/1 +. 1.,.... nn? nn nnnnnc nn t_+...,. I-i/inielnnA