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HomeMy WebLinkAboutORD 2004-64 - Reducing Commercial NodeORDINANCE NO. �� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, TO MODIFY THE FUTURE LAND USE PLAN PASSED AND ADOPTED ON THE 28TH DAY OF MAY 2002, FOR 94.34 ACRES SITUATED IN THE BARNEY C. LOW SURVEY, BY REDUCING THE SIZE OF THE COMMERCIAL NODE FROM 25 TO 14 ACRES, AND TO CHANGE THE MIXED USE AREA TO RESIDENTIAL, LOCATED AT THE SOUTHWEST CORNER OF FM 1460 AND WESTINGHOUSE ROAD, 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 March 13, 1990, adopt by Ordinance Number 900149 the Georgetown Century Plan - Development Plan as the Land Intensity, Transportation, and Utilities functional plan elements 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 new elements of the Century Plan: The Future Land Use Plan pursuant to Section 1.08 of the City Charter; and WHEREAS, the Century Plan- the 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 change the Future Land Use Plan Map from Office/Retail/Commercial, and Mixed Use to Residential, for approximately 11 acres located at the southwest corner of the intersection of FM 1460 and County Road 111 (Westinghouse Road); and WHEREAS, the Planning and Zoning Commission did, on September 7, 2004, conduct a public hearing regarding the proposed amendment to EXHIBIT 1 of the Century Plan - Development Plan and 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 —Teravista, LLP, CenturyPlan Amendment Ordinance No. Z o Yu " Page 1 or 3 WHEREAS, the applicant for such Plan amendment placed on the for 94.34 acres situated in the Barney C. Low Survey, by reducing the size of the commercial node from 25 to 14 acres, 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 September 7, 2004, recommend that the City Council approve the proposed amendment to EXHIBIT 1 of the Century Plan - DeveIopment Plan and the Century Plan — Future Land Use Plan Map. 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 1: 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 L3: Ensure that new developments will be compatible with existing land uses in terms of use, density, building heights, scale, and offsite effects. Objective 1.6: Ensure that the local infrastructure systems can accommodate future growth; ensure that such systems are expanded as needed, 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 and Thoroughfare Plan, is hereby amended by the City Council of the City of Georgetown Texas, to change the Future Land Use Plan Map from Office(RetaillCommercial and Mixed Use to Residential, for approximately 11 acres located at the southwest corner of the intersection of FM 1460 and County Road 111 (Westinghouse Road), 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 —Teravista, LLP, CenturyPlan Amendment Ordinance No. "f 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 28 b day of September 2004, PASSED AND APPROVED on Second Reading on the /-day of October, 2004. ATTEST: �.f Sandra City Secretary AS TO FORM: Patricia E. Carls City Attorney THE CITY OF GEORGETOWN: Ividyvr Century Plan Amendment —Teravista, LLP, CenturyPlan Amendment Ordinance No. aOO m (A Page 3 of 3