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HomeMy WebLinkAboutORD 2005-19 - REZ SH29 W at CR265ORDINANCE NO. � !` AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING PART OF THE ZONING DISTRICT MAP ADOPTED ON THE 4T" DAY OF APRIL 2002 IN ACCORDANCE WITH THE UNIFIED DEVELOPMENT CODE PASSED AND ADOPTED ON THE 11T" DAY OF MARCH 2003, TO CHANGE 5.24 ACRES IN THE JOSEPH P. PULSIFER SURVEY, ABSTRACT NO.498 AND THE CLEMENT STUBBLEFIELD SURVEY, ABSTRACT NO. 558 AS RECORDED IN DOCUMENT NUMBERS 2002018646 AND 2002001637 OF THE OFFICIAL DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM AG, AGRICULTURE DISTRICT AND RS, RESIDENTIAL SINGLE-FAMILY DISTRICT TO C-3, GENERAL COMMERCIAL 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 following described real property ("the property'): 5.24 ACRES IN THE JOSEPH P. PULSIFER SURVEY, ABSTRACT NO. 498 AND THE CLEMENT STUBBLEFIELD SURVEY, ABSTRACT NO, 558 AS RECORDED IN DOCUMENT NUMBERS 2002018646 AND 2002001637 OF THE OFFICIAL DEED 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 far 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 data. 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 December 7, 2004 recommended changing said zoning district classification of the above described property from AG, Agriculture district classification and RS, Residential Single-family district classification to C-31 General Commercial district classification, in accordance with attached Eyhibit A. e2p . zoos -/ 5.2"i Acres ['ulsifcr and Stubble ied AU t;) ('3 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 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 Future Land Use Plan designates this property for "Office / Retail t Commercial". 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 AG, Agriculture district classification and RS, Residential Single-family district classification to C-3, General Commercial district classification, 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, subject to the following condition: a. All uses permitted under General Commercial District (C-3) shall be permitted, with the exception of the following uses which are expressly prohibited: All residential uses, mini -warehouses, rental storage units, flea markets, sexually oriented businesses (as defined in Section 243.002 of the Texas Local Government Code), amusement parks or carnivals, portable buildings, recreational vehicle parks, outdoor shooting ranges, pawn shops, heavy equipment sales, kennels (but not prohibiting pet shops and veterinary clinics with overnight facilities), vehicle sales (unless related to special events and under 20 vehicles), vehicle repair shops, and truck stops. b. Development of this site shall be subject to the site / building design, signage design and building materials outlined in the attached Master Architectural and Signage Plan attached as Exhibit B, and incorporated by reference herein. Minor deviations from this plan are subject to the review and approval of the Director of Planing and Development. 4P'- boos -i S.24 Acres PulsiPerand Stubbletied \G to C3 Page 2 of 3 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 25th dayof January 2005. PASSED AND APPROVED on Second Reading on the 22nd day of March 2005. ATTEST: Sandra D. Lee City Secretary APPROVED. AS TO FORM: i Patricia E.'\Caris City Attorney THE CITY OF GEORGETOWN: T Grp Nelon JACUR PLAN\REZ0NE\REP0R'R2005\5.24 A.c_Pulsifer&Stubblefield Survey.ordinance.doc 5.14 Acres Pulsiter and Stubbletied !W to C3 P32e 3 of.) CVLIIQI'r A Legend [� Parcel Boundary �ETJ tlsifr y, 5. acres Ci Limits . A0'05 "' (Property and boundary lines are approximate) �osaet City t`,r�� Waterways N W ` E 5 LEGAL DE.SCRIVI'ION OCT 2 7 2004 11LAPlI'!I; .i Af11) La1�V. r:�.tVlC'L:S BEING 5.24 acres of land, situated in the Joseph P. Pulsifer Survey, Abstract No. 498, and the Clement Stubblefield Survey, Abstract No. 5581 in Williamson County, Texas, said land being a portion of that certain Tract One, called 2.54 acres and a portion of that certain Tract Two, called 4.00 acres, as conveyed to William M. Booth DBA Westinghouse Road Ventures by deed recorded as Document No. 2002018646 of the Official Records of Williamson County, Texas, and as conveyed to Bill J. Chapman and wife, P.D. Chapman, by deed recorded as Document No. 2002001637 of the Official Records of Williamson County, Texas. Surveyed on the ground in the months of February, 2004 and August, 2004, under the supervision of Don H. Bizzell, Registered Professional Land Surveyor, and being more particularly described as follows; BEGINNING at an iron pin set on the south line of County Road No. 265, for the Northeast corner of the above -referenced Tract One, being the Northwest corner of the Citizens Memorial Garden Cemetery (being the remainder of that certain tract of land, called 127/I0 acres, as conveyed to R.E. Ward, mayor of the City of Georgetown, Texas, by deed as recorded in Volume 117, Page 173, of the Deed Records of Williamson County, Texas), for the Northeast corner hereof; THENCE, along the west line of the said Citizens Memorial Garden Cemetery, S 170 31' 30" E, 239.05 feet to an iron pin set for the Southeast corner of the said Tract One, being the Northeast line of the above -referenced Tract Two, and S 17° 32' E, 310.09 feet to the center of a 0.8 foot in diameter concrete monument found on, or near, the south line of the Joseph P. Pulsifer Survey, Abstract No. 498, and tite north line of the Clement Stubblefield Survey, Abstract No. 558, marking the Southwest corner of the said Citizens Memorial Garden Cemetery, being the Northwest corner of that certain tract of land, called 0.33 of an acre, as conveyed to A -Tex Water Proofing, tile., of record in Volume 1160, Page 809, of the Official Records of Williamson County, "Texas, from said point a fence corner hears S 82° 50' F, 2.3 feet and continuing along the west of line of the said A -Tex Water Proofing, [tic. tract, S 17" 38' E, 51.08 feet to an aluminum disc found marking the trust easterly Northeast corner of •.ltai certain "Tract I, called 0.415 of an acre, as conveyed to the City of Georgetown by deed recorded as Document No. 2004059727 of the Official Records of Williamson County, Texas, for the Southeast corner hereof; TI FENCE, along the said new north line of State Highway No. 29, S 89° 58' 30" W, passing the north line of the Clement Stubblefield Survey, Abstract 558 and tite south iine of the Joseph P. Pulsifer Survey, Abstract No. 498, for a total distance of 398.75 feet, in all, to concrete mark on a wood hub found and N 44° 57' W, 70.79 feet to it mark on a wood hub found marking the most westerly Northeast corner of the said Tract 1, beim* the Southeast corner of that certain Tract 11, called 0.892 acres, as conveyed to the City of Georgetown by deed recorded as Document No. 2004059727 of the Official Records of Williamson County, Texas, being the intersection of the new north line of State Highway No. 29 and the new cast line of County Road No. 265N, for cite Southwest corner hereof; THENCE, along the east line of the said Tract Il, being the said new east fine of County Road No. 256N, as follows; N 00 00' 30" E, 135.32 feet to an aluminum disc found at the beginning of a curve to the left, (Radius = 339.19 feet, Lang Chord bears N t50 34' 30" W, 182.20 feet); Thence, along the said curve, passing the north line of the said 'Tract Two and the south line of the said Tract One, for a total are distance of 184.45 feet to an aluminum disc found at the beginning of' it curve to the right, (Radius = 286.Q0 feet, Long Chord bears N 16" 20' 30" W, 146.35 feet); 'Thence, along the said curve for an arc distance of 147.98 feet to an aluminum disc found; Thence, N In 36' W, 75.02 feet to an aluminum disc found and N 44° 53' 30" E, 27.19 feet to an iron pin found on the north line of the said Tract One, marking the Northeast corner of the said Tract 11, being at the intersection of the said new east line of County Road No. 265N, for the Northwest corner hereof; Consulting Engineers Surveyors (51210.0 0412 Kuum4m: 15121914 9414 1916 Swn A"tn naa00ro,*n, 1e1a6 78626 ralk I z (D V) 1� z w � � z O 5; \ ƒ \ < ■ /b®�! 7 9 & % // \}\k ; f / + ® D/% !9\#[ ° . . .. �. 3 § G ,a \ \\ ~ice �£§t } k\ ❑ ❑ / a, \_/ ralk I z (D V) 1� z w � � z O 5; \ ƒ THENCE, along the said south line of County Road No. 265, S 86° 01' E, 341.17 feet to the Place of BEGINNING and containing 5.24 acres of land. STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON } 1, Don H. Bizzell, Registered Professional Land Surveyor, do hereby certify that this survey was made on the ground of the property legally described hereon and is correct, and that there are no apparent discrepancies, conflicts, overlapping of improvements, visible utility lines or roads in place, except as shown on the accompanying plat, and that said property has access to and from a public roadway, to the best of my knowledge and belief. To certify which, witness my han&#d seal at eorgetown, Williamson County, Texas, this the r day of 120047 A.D. r ; Registered Pro Page 2 of 2 19901-id-4.doc State of Texas rr �( Uon H. Bizzell Surveyor, No. 2218 t< g�rr &z Bn'zzel! 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