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HomeMy WebLinkAboutORD 2005-84 - REZ Berry Creek Sect 5Ordinance • 4: An Ordinance of the City Council of the City Of Georgetown, Texas, amending part of the zoning district map adopted on the 4th Day of April 2002 in accordance with the Unified Development Code passed and adopted on the 11th day Of March 2003, to Approve a change for Berry Creek Section Five, Phase 1, Block A, Lot 12 and Deny a change for Block E, Lot 1 As Recorded In Cabinet Z, Slides 304-306 of the Official Plat Records Of Williamson County, Texas, from C1, Local Commercial 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"): Berry Creek Section Five, Phase 1, Block A, Lot 12 and Block E, Lot 1 as recorded In Cabinet Z, Slides 304-306 of the Official Plat 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 August 4, 2005 recommended to the City Council Approval of the requested zoning change, subject to conditions, for the above described property from Cl, Local Commercial district classification to C-3, General Commercial district classification. Berry Creek, Section 5 Page 1 of 3 { Ordinance • 4: An Ordinance of the City Council of the City Of Georgetown, Texas, amending part of the zoning district map adopted on the 4th Day of April 2002 in accordance with the Unified Development Code passed and adopted on the 11th day Of March 2003, to Approve a change for Berry Creek Section Five, Phase 1, Block A, Lot 12 and Deny a change for Block E, Lot 1 As Recorded In Cabinet Z, Slides 304-306 of the Official Plat Records Of Williamson County, Texas, from C1, Local Commercial 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"): Berry Creek Section Five, Phase 1, Block A, Lot 12 and Block E, Lot 1 as recorded In Cabinet Z, Slides 304-306 of the Official Plat 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 August 4, 2005 recommended to the City Council Approval of the requested zoning change, subject to conditions, for the above described property from Cl, Local Commercial district classification to C-3, General Commercial district classification. Berry Creek, Section 5 Page 1 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 "Mixed Use", 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 City Council, at their regular meeting of December 13, 2005, Denied the zoning request for Berry Creek Section Five, Block E, Lot 1 and Approved the same zoning request for Berry Creek Section Five, Phase 1, Block A, Lot 12, Section 3. 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 C1, Local Commercial district classification to C-3, General Commercial district classification for Berry Creek Section Five, Phase 1, Block A, Lot 12, 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(s): a. The permitted uses on the site shall be limited to the following: L Those uses identified for the C1, Local Commercial zoning district pursuant to Unified Development Code (UDC) Table 5.01.020; and, ii. "Fuel Service", as defined in Unified Development Code (UDC) Section 16.03.050.H., with no more than four pumps and eight fueling stations, operated in conjunction with a "convenience store"(UDC Section 16.05 "Convenience Goods"), built to the specific standards outlined in section "b" below. Berry Creek, Section 5 Page 2 of 3 b. In addition to the applicable standards of the UDC, the project shall comply with the following design, materials, lighting and landscaping standards: i. Exterior building materials for the convenience store shall be limited to brick, stone, cast stone or rock. ii. A landscape buffer equivalent to a Type B, as defined in UDC Section 8.04.020 (C), shall be required between the subject property and the adjacent commercial lots to the southwest. iii. UDC Section 7.04.030 'Building Mass, Articulation and Building Elements"; iv. UDC Section 7.05 "Outdoor Lighting"; and, V, UDC Section8.06.030 "Highway Gateway" landscaping; and, Section 4. 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 5. 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 beseverable. Section 6. 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 day of October 2005. Passed and Approved on Second Reading on the 13th day of December 2005. Attest: r, r Sandra D. Lee City Secretary Approved As To Form: P11 Patricia E. Carls City Attorney a . Os Berry Creek, Section 5 Page 3 of 3 The City Of Georgetown: By: G.a Mayor Nelon Legend Berry Creek, Section 5, N SitePhase Parcel Boundarys tan. ..:+;..:: i�A (Property1 boundaryapproximate) jk MIIMIv%I Y irr ORA/ r.