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HomeMy WebLinkAboutORD 2003-14 - REZ Berry CreekORDINANCE NO, o�a�-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING THE ZONING ORDINANCE PASSED AND ADOPTED ON THE 12TH DAY OF FEBRUARY 1968, AND AMENDING PART OF THE ZONING DISTRICT MAP OF THE ORIGINAL ORDINANCE, TO CHANGE 1.83 ACRES OUT OF THE WILLIAM ROBERTS SURVEY, ABSTRACT NO. 524, LOCATED ON THE WEST SIDE OF S.H. 195 NORTH OF BERRY CREEK DRIVE / AIRPORT ROAD AS RECORDED IN CABINET H, SLIDE 377 OF THE OFFICIAL PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM C1, LOCAL COMMERCIAL DISTRICT TO RS, RESIDENTIAL SINGLE-FAMILY 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"): 1.83 ACRES OUT OF THE WILLIAM ROBERTS SURVEY, ABSTRACT NO. 524, LOCATED ON THE WEST SIDE OF S.H. 195 NORTH OF BERRY CREEK DRIVE / AIRPORT ROAD AS RECORDED IN CABINET H, SLIDE 377 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 January 7, 2003 recommended APPROVAL of the requested zoning4district classification change for the above described property from C1, Local Commercial district classification to RS, Residential Single -Family district classification, or any more restrictive use, in accordance with attached Exhibit A. 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 objectives of the Georgetown Century Plan, Future Land Use and Thoroughfare Plan: oRA 1.83 Acres out of the Williams Roberts survey. Derry Creek Sec. 5 Page 1 of 2 Goal 1: Encourage the most desirable and efficient use of land while enhancing the physical environment through functional and compatible land use configurations. Objective 1.3: Ensure that new developments will be compatible with existing land uses in terms of use, density, building heights, scale, and offsite effects. Objective enactment 1.5: not inconsistent or in conflict Require zoning site is consistent change with the requests to be consistent with the Future Land Use Plan. Future Land Use Plan designation of "Mixed Use11. The subject 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 C1, Local Commercial district classification to RS, Residential Single -Family district classification, in accordance with attached Exhibit A which are 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�vvhich 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 28th Day of January 2003. PASSED AND APPROVED on Second Reading on the nth Day of February 2003. Sandra U. Lee City Secretary APPROVED AS TO FORM: l • 1� Patricia E. Carls City Attorney 09n a 0?o03- / 41 . 1.83 Acres out of the Williams Roberts survey, BerTy Creek Sec. 5 Page 2 of 2 THE CITY OF GEORGETOWN: Mayor EXHIBIT A LEG ENO •: - �y-ncatcral =_ccoJmi .m�emcrrael. r=!r s: CURRENT ppR gT QVtVV .`•t."=?esrcenuai. _ ?estcenual- ersant• r`_ _ n �3r.2f3 Berry Creek, Section 5 '.._.. -. --•-- _ - n a - _ :�estceMai —mac _ = 7Rd5icer%al. �tli�y n Ra9tcanual. EXHIBIT C Field Notes Rezoning from "C-1", Local Commercial to "RS", Residential Single -Family 1.83 acres within Berry Creek Section 5 BEING 1.83 acres of land, situated in the William Roberts Survey, Abstract No. 524, in Williamson County, Texas, being a portion of Berry Creek, Section Five, a subdivision of record in Cabinet H, Slide 377, of the Plat Records of Williamson County, Texas. Surveyed on the ground in the month of May, 2002,under the supervision of Don H. Bizzell, Registered Professional Land Surveyor, and being more particularly described as follows: BEGINNING at an iron pin found marking an interior corner of the above -referenced Berry Creek, Section Five, being the most westerly corner of Sybert Subdivision, a subdivision of record in Cabinet G, Slide 25, of the Plat Records of Williamson County, Texas, for the most northerly corner hereof; THENCE, along an easterly line of the said Berry Creek, Section Five, being the west line of the said Sybert Subdivision, S 210 41' E, 514.51 feet to a point for the Southeast Corner hereof; THENCE, S 680 19'06" W, 57.20 feet to a point for the Southwest corner hereof; THENCE, N 42° 27'39" W, 550.58 feet to a point for the most westerly corner hereof; THENCE, N 680 22'40" E, 252.51 feet to a Place of BEGINNING and containing 1.83 acres of land. MO " 2_(,003 -/ 5/ Exhi bi 1 �/6 11