HomeMy WebLinkAboutORD 2003-17 - REZ Villages of Berry CreekORDINANCE NO. G"4.✓ - / %
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 70.32 ACRES OUT OF THE WILLIAM
ROBERTS AND JOHN BERRY SURVEYS, LOCATED ON THE WEST SIDE OF S.H.
195 NORTH OF COUNTY ROAD 190, AS RECORDED IN BOOK 160, PAGE 171 OF
THE OFFICIAL DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM A,
AGRICULTURAL DISTRICT TO RP, RESIDENTIAL PLANNED 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
70.32 ACRES OUT OF THE WILLIAM ROBERTS .AND JOHN BERRY SURVEYS,
LOCATED ON THE WEST SIDE OF S.H. 195 NORTH OF COUNTY ROAD 190, AS
RECORDED IN BOOK 160, PAGE 171 OF THE OFFICIAL DEED RECORDS O F
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 purpose of the RP, Residential Planned district is to allow flexibility in the
development of projects that may not comply with the minimum development standards for their specific
use, however the benefits of such projects in terms of planning, design, and / or environmental protection
justify the flexibility in the application of the development standards; and
WHEREAS, the special provisions associated with the subject development are outlined in
Section 2 of this Ordinance; and
WHEREAS, the City Planning and Zoning Commission in a meeting held on February 4, 2003,
recommended APPROVAL of the requested zoning district classification change for the above described
property from A, Agricultural district classification to RP, Residential Planned district classification, or any
more restrictive use, in accordance with the special provisions outlined in Section 2 and as presented on
the attached Exhibit A.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
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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:
Goal 1: Encourage the most desirable and efficient use of land while enhancing the physical
environment through functional and compatible land use configurations.
Objective 1.5: Require zoning change requests to be consistent with the Future Land Use Plan
The subject site is consistent with the Future Land Use Plan designation of "Residential".
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. Pursuant to Section 2.08 of the Zoning Ordinance and consistent with the intent of
the RP, Residential Planned zoning district, the development is subject to the provisions provided below
and presented on the attached Exhibit(s) B and B2, attached hereto and incorporated by reference herein:
a. Individual lots within the development may utilize minimum required sideyard setbacks of 5
feet, 6 inches from the main building to the side lot line(s);
b. The development may utilize sidewalks of 4 feet in width along one side of ail streets with the
following exceptions, the entry at Mourning Dove Lane and the length of Diamond Dove Trail,
which shall provide sidewalks 4 feet in width along both sides of the street as depicted on the
attached Exhibit(s) B and 132;
c. The total
acreage
dedicated to the
City for parkland purposes shall be a minimum of 7.51
acres as
depicted
on the attached
Exhibit(s) B and 132;
d. Landscaping, in addition to the minimum standards required, shall be provided as depicted
on the attached Exhibit(s) B and B2, specifically:
Additional landscaping for
each
residential lot
comprising 2 front yard
trees (2"
Caliper),
5 — 10 gallon plants, 10 —
3 to 5
gallon plants,
and solid grass sod in
the front
yard;
ii. Six (6) landscaped areas along County Road 190 comprised of 1 shade tree (4" Caliper)
and 2 ornamental trees (6'-8' in height); and,
iii. A landscaped entry feature at County Road 190 and Mourning Dove Lane comprised of
11 shade trees (4" Caliper) and 7 ornamental trees (6'-8' in height);
e. Provide a 20 foot strip of land along Briarcrest Drive for additional 'landscaping and open
space subject to the review and approval of the Parks Commission;
f. Establish a Homeowner's Association responsible for the maintenance of common areas;
and,
g. Provide a deed restriction standardizing the design and materials to be used for rear yard
fencing along all properties adjacent to County Road 190.
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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 A, Agricultural district classification to RP,
Residential Planned district classification, in accordance with the attached Exhibit A, attached hereto and
incorporated by reference herein is hereby adopted by the City Council of the City of Georgetown, Texas
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 be severable.
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 28th Day of February 2003.
PASSED AND APPROVED on Second Reading on the 25th Day of March 2003,
ATTEST:
C24 Z. C� 4
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
c a Z-
PatriciaE. Carls
City Attorney
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THE CITY OF GEORGETOWN:
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