The URL can be used to link to this page

Home My WebLink AboutORD 2000-67 - REZ River Hills*RDINANCE NO. 001 r AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING THE ZONING ORDINANCE PASSED AND ADOPTED ON THE 12 T' DAY OF FEBRUARY, 1968, AS AMENDED (THE "ZONING ORDINANCE"), AND THE ZONING DISTRICT MAP OF THE CITY OF GEORGETOWN TO REZONE 17.997 ACRES OUT OF LOT 1, THE RIVERY SUBDIVISION, AS RECORDED IN CABINET P, SLIDE 325-326, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM C -2A COMMERCIAL FIRST HEIGHT RESTRICTED ZONING DISTRICT CLASSIFICATION TO RM -3 RESIDENTIAL -OFFICE AND SERVICE ZONING DISTRICT CLASSIFICATION; AND TO REZONE 12.532 ACRES OUT OF THE J.B. PULSIFER SURVEY, ABSTRACT NO. 498, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF RIVER HILLS, SECTION FOUR, A SUBDIVISION OF RECORD IN CABINET H, SLIDE 231, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM THE RM -3 RESIDENTIAL -OFFICE AND SERVICE ZONING DISTRICT CLASSIFICATION TO THE C-1, LOCAL COMMERCIAL ZONING DISTRICT CLASSIFICATION; AND TO REZONE THE BALANCE OF LOT 1, RIVER HILLS, SECTION FOUR, EXCLUDING THE FRONT 150 FEET OF DEPTH, CONSISTING OF APPROXIMATELY 0.726 ACRES, ALONG I11-35, SAID BALANCE BEING MORE FULLY DESCRIBED AS 5.572 ACRES OF LAND SITUATED IN THE J.B. PULSIFER SURVEY, ABSTRACT NO. 498, IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF RIVER HILLS, SECTION FOUR, A SUBDIVISION OF RECORD IN CABINET H, SLIDE 231, PLAT RECORDS, TO RS RESIDENTIAL SINGLE-FAMILY ZONING CLASSIFICATION,; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, application was made to the City Council for the purpose of changing the zoning district classification of the following described real property ("the property"): 40.55 ACRES, OR A LESSER AMOUNT, OF THE RIVERY, LOT 1, AS RECORDED IN DOCUMENT NUMBER 9825312 AND 18.33 ACRES, OR A LESSER AMOUNT, OF RIVER HILLS, SECTION 4, AS RECORDED IN DOCUMENT 9831551 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AS DESCRIBED IN THE ATTACHMENT TO THIS ORDINANCE, hereinafter referred to as "the property"; WHEREAS, the City Council submitted the proposed change to the Planning and Zoning Commission for its consideration in a public hearing and for its recommendation or report; and A000 tP7 Ordinance No.cw Rezoning of Lot 1, River Hills, Section 4, and the Rivery, Lot 1 Page 1 of 4 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 before 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 March 7, 2000, recommended changing the zoning district classification of the above described property fiom the C -2A, Commercial First Height Restricted to C -2A Commercial First Height, allowing multifamily residential zoning district classification and C-1, Local Commercial zoning district classification, respectively. WHEREAS, on November 28, 2000, the City Council voted to revise the Planning and Zoning Commission's recommendation to revise the amount of property to be rezoned, as well as the zoning district classifications, as described in the caption of this ordinance. 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 Policies of the Century Plan - Policy Plan Element: 1. Growth and Physical Development Policy 7.0 which states: "Georgetown's land uses support economic, cultural and social activities for all residents, businesses and organizations; and the City's development process encourages new and infill development"; and 2. Growth and Physical Development Policy 7.1, which states: "The City's regulations implement the Policy Ends and provide the opportunity to seek change with reasonable effort and expense"; and 3. Environmental and Resource Conservation Policy 3.0, which states: "The physical qualities that make Georgetown attractive are protected"; 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. Ordinance No. ` 000 Rezoning of Lot 1, River Hills, Section 4, and the Rivery, Lot 1 Page 2 of 4 SECTION 2. The City Council of the City of Georgetown hereby amends the Zoning Ordinance and the Zoning District Map of the City of Georgetown, as well as the zoning district classifications for the following described real property as follows: 17.997 acres out of Lot 1, The Rivery Subdivision, as recorded in Cabinet P, Slide 325-326 of the Plat Records of Williamson County, Texas, and being more particularly described by metes and bounds on Exhibit "A" attached hereto and incorporated herein, from C -2A Commercial First Height Restricted to RM -3 Residential -Office and Service to allow for multi -family residential use; and 12.532 acres of land, situated in the J.B. Pulsifer Survey, Abstract No. 498, in Williamson County, Texas, said land being a portion of River Hills, Section Four, a subdivision of record in Cabinet H, Slide 231, of the Plat Records of Williamson County, Texas and being a portion of that certain 18.83 acre tract of land conveyed by deed to Gregory Hall, Trustee, as recorded in Document No. 9534937 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds on Exhibit "B" attached hereto and incorporate herein, from RM -3 Residential -Office and Service to C-1, Local restricted against multi -family residential use; and 5.572 acres of land, situated in the J.B. Pulsifer Survey, Abstract No. 498, in Williamson. County, Texas, said land being a portion of River Hills, Section Four, a subdivision of record in Cabinet H, Slide 231, of the Plat Records of Williamson County, Texas and being a portion of that certain 18.83 acre tract of land conveyed by deed to Gregory Hall, Trustee, as recorded in Document No. 9534937 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds on Exhibit "C" attached hereto and incorporate herein, from RM -3 Residential -Office and Service to RS Residential Single -Family, all as shown on Exhibit "D" attached hereto and incorporated herein. 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 in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. Ordinance No. cqOb &7 Rezoning of Lot 1, River Hills, Section 4, and the Rivery, Lot 1 Page 3 of 4 PASSED AND APPROVED on First Reading on the 22nd day of August, 2000. PASSED AND APPROVED on Second Reading on the 28t" day of November, 2000. ATTEST: D. Lee City Secretary APPROVED AS TO FORM: City Attorney THE CITY OF GEORGETOWN: By: Ellen Kersch Mayor Ordinance No. cQ000 " &7 Rezoning of Lot 1, River Hills, Section 4, and the Rivery, Lot 1 Page 4 of 4 FIED"D NOTE 4246 REVISED UDG 4 99--075 DESCRIPTION FIELD NOTES FOR ZONING RIVERY MULTIFAMILY TRACT PAGE 1 OF22 DESCRIBING 17.997 ACRES OUT OF LOT 1, THE RIVERY SUBDIVISION AS RECORDED IN CABINET P, SLIDE 325-326 OF THE PLAT RECORDS OF WILLIAMSON COUi TY, TEXAS, SAID 17.997 ACRES MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a point in the north line of said Lot 1 from which beginning point the most northwest corner of said Lot 1 bears S79°51'16"W, 143.67 feet; THENCE, along the north line of said Lot 1, N79051'16"E, 848.30 feet to a point in the north line of said Lot l; THENCE, through the interior of said Lot 1 the following six (6) courses: 1. S49045'21 "E, 161.72 feet to a point: 2. Along a non -tangent curve to the left, Radius = 682.00 feet, Central Angle =15° 10'26 ' Long Chord bears S32°39'25"W, 180.09 feet, an arc distance of 180.62 feet to a point; ;. S25004'1 2"W1 1031.30 feet to a point; 4. N64058'07"W, 522.30 feet to a point; 5. NOS°01'06"W, 603.73 feet to a point, 6. N24058'51 "E, 240.95 feet to the POINT OF BEGINNING and containing 17.997 acres of land. Field Notes Prepared by URBAN DESIGN GROUP 3660 Stoneridge Road, 4 E101 Austin, Texas 78746 (5 12) 347-0040 C'Jobs\Rivery - 99-075'NField Note 346.wpd a ki FIELD NOTE 246A — FIELD NOTES FOR REZONING 12.532 ACRE TRACT RIVERY PROPOSED C-1 BEING 12.532 acres of land, situated in the J.B. Pulsifier Survey, Abstract No. 498, in Williamson County, Texas, said land being a portion of River Hills, Section Four, a subdivision of record in Cabinet H. Slide 231, of the Plat Records of Williamson County, Texas and being a portion of that certain 18.83 acre tract of land conveyed by deed to Gregory Hall. Trustee, as recorded in Document 49534937 of the Official Records of Williamson County, Texas; BEGINNING at an iron pin on the west line of Interstate Highway No. 35, marking the northeast corner of the above -referenced River Hills, Section Four, for the northeast corner hereof; THENCE, along the said west line of Interstate Highway No. 35, along a curve to the left, radius = 6029.58 feet, central angle = 7°45'55", long chord bears S30°40'52"W, 816.57 feet, an arc distance of 817.20 feet to a point; THENCE, through the interior of said River Hills, Section Four, the following six (6) courses: 1. N67023'23"W, 86.55 feet to a point; 2. Along a non -tangent curve to the left, radius = 200.20 feet, central angle = 50°55'15", long chord bears N42'08'3 8"W, 172.13 feet, an arc distance of 177.93 feet to a point; 3. Along a non -tangent curve to the left, radius = 200.20 feet, central angle = 51 °03'40", long chord bears NO' )'0 172.57 feet, an arc distance of 178.42 feet to a point; 4. N22°28'51 "W, 330.03 feet to a point; 5. Along a non-tanaerl;curve.:to the left, radius =200.20 feet, central angle = 6913527", long chord bears N57618133"W, 228.49 feet, an arc distance of 243.16 feet to a point; 6. N22032'53"W, 145.73 feet to a point in the north line of said River Hills Section Four; THENCE, with a fence along the north line of the said River Hills, Section Four, N71 ° 16'38"E, 74.15 feet to a nail; N76°37'26"E, 357.64 feet to an iron pin and N79°52'24"E, 443.24 feet to an iron pin, marking the northerly corner of the said River Hills, Section Four; THENCE, S 17059' 14"E, 397.83 feet to the place of BEGINNING and containing 12.275 acres of land. Field Notes Prepared by URBAN DESIGN GROUP 3660 Stoneridge Road, 4 E 101 Austin, Texas 78746 { (512) 347-0040 Sketch or • attached. OgD. qaoo�&7 0 1000,F opsR•.F 70 JOHN NOELL / 2433 SUFkq ate: 1, R.P.L.S. #,433 C `JobsAivery - 99 -0951C -?A Rezoning .wpd FIELD NOTE 300 UDG #99-075 FIELD NOTES FOR REZONING 5.572 ACRE TRACT RIVERY PROPOSED R -S BEING 5.572 acres of land, situated in the J.B. Pulsitier Survey, Abstract No. 498, in Williamson County, Texas, said land being a portion of River Hills, Section Four, a subdivision of record in Cabinet H. Slide 231, of the Plat Records of Williamson County, Texas and being a portion of that certain 18.83 acre tract of land conveyed by deed to Gregory Hall, Trustee, as recorded in Document 49534937 of the Official Records of Williamson County, Texas; BEGINNING at the northeast corner of Lot 15, Block E, River Hills, Section One, a subdivision recorded in Cabinet D. Slides 304-306 of the Plat Records of Williamson County, Texas; THENCE, with the north line of said River Hills, Section One, N671 8'41 "W, 162.03 feet, N22°41'56"W, 47.69 feet and N22°34'59"W, 134.92 feet to a point; THENCE, through the interior of said River Hills, Section Four, N67") 1'09"E, 130.00 feet, N22°28'51 "W, 330.03 feet and S6703 110911W, 130.00 feet to apoint in the north line of said River Hills, Section One; THENCE, with said north line N22°4837W, 60.01 feet and N22")' T53 W", 286.55 feet to a point in the west line of said River Hills, Section Four; THENCE, with said west line N71 ° 16'38"E, 200.65 feet to a point; THENCE, through the interior of said River Hills, Section Four, the following nine (9) courses: 1) S22032'53"E, 145.73 feet to a point; 2) Along a non -tangent curve to the right, Radius —200.20 feet, Central Angle = 69°3527, Long Chord bears S57°18'33"E, 228.49 feet, an arc distance of 243.16 feet to a point; 3) S22028'51 "E, 330.03 feet to a point; 4) Along a non -tangent curve to the right, Radius = 200.20 feet, Central Angle = S 1'0"40", Long Chord bears SO' )'0 172.57 feet, an arc distance of 178.42 feet to a point; 5) Along a non -tangent curve to the right, Radius .200.20 feet, Central Angle = 28'29'18", Long Chord bears S5' )'2 98.52 feet, an arc distance of 98.52 feet to a point; 6) Along anon -tangent curve to the left, Radius. 6179.58 feet, Central Angle. O 1 °37'28", Long Chord bears S26°20'4211W, 175.21 feet, an arc distance of 175.22 feet to a point; 7) S23°59'18"W, 74.91 feet to a point; 8) N6702323"W1 81.66 feet to a point; 9) N22° W35"E7 73.41 feet to the POINT OF BEGINNING containing 5.572 acres of land. Field Notes Prepared by URBAN DESIGN GROUP 3660 Stoneridge Road, # E101 Austin, Texas 78746 (512) 347-0040 �. OF . T .......................... JOHN NOELL 2433 0...........e'i. Q.. '•' SUR`�� >hn Zrlc�ell, R.P.L.S. #2433 : d' �'3 . t t �Y�11FYrYlAIY1YrYl, j ' ! I � " 2 N Z `z m 0 1 N W wU O EX (j) U d , m---'-=-••._ Cry }- N m 1 w 4 V • a „ E , Lz a\iLL � U � — co wQ N r N U - M to ch, CN Ul CQ a , ornv,YN,z UO inn o ;•�CMI U-) N to CN tNrn} y e3• l -a3 U .._- -(k• , � p f'., r.'CD .- N { W t O00 �'oTo m t „ O�<V �O . N .n M ,} o Q4 O C00 to bC�4 Ln co 7,01 -1 r� Z0 N. . CN Ln a \sz Mn1 1 N.i�M N N O NCD �M V• 3 c Cya��OQt-L1 GJ to •.. M,tD N \ d o 0 M' S a.. O a Q. 1 IL N yC z N 3 CN �Q m w. ^ ,� W U N to S N v N. 04 Z tnC%4 .,.-- ._ 01 M N. CO N N h A'Lo 40: - u? ""' M �OQr vc> N • � '.E ES, a� o ��, N ujLki N Ln to Po o M ._ N h N CD M Z h GO co N ,p NN �t NNM t/✓D o EJ _ O a �n W an Cn i-61B[T MEMORANDUM PRIVILEGED AND CONFIDENTIAL ATTORNEY/CLIENT COMMUNICATION PRIVILEGED AND CONFIDENTIAL: This is a privileged attorney/client communication. Release of this information by anyone is a waiver of the privilege for the City as a whole. The confidentiality of privileged information is important both under the Texas Rules of Civil Evidence, for pending litigation, and under the exceptions to the Public Information Act, for all legal matters. TO: The Honorable Mayor MaryEllen Kersch FROM: Mariamle Landers Banks, City Attorneyo DATE. February 19, 2001 RE: Rivery and River Hills Rezoning NOWWWWWON This memo is provided to you since the ordinance presented for your signature varies slightly from the caption approved by the City Council. It is clear from the Council's motions to approve the ordinance that the revised ordinance does reflect the Council's intent. However, I wanted to be sure you were aware of the differences in wording. As you probably recall, when the ordinance was presented by Development Services to Council for second reading on November 28, 2000, it was discovered that the Council's recommended changes (from first reading) had been inadvertently omitted from the ordinance. The Council's recommendations were restated at the November 28 meeting and have since been incorporated into the attached ordinance. In addition, language was added to the approval to make clear which portions of the River Hills tract were being maintained at existing zoning. This approval was also made subject to a legal description of the property, revised with the changes, as well as a revised diagram. Upon receipt of the field notes and diagram of the property, we reviewed the ordinance originally drafted by Ed before he left. We discovered that the caption as originally published did not contain property descriptions described with sufficient specificity to properly describe the property being rezoned. We were concerned about the validity of the second reading since what was read on the 28`h and published in the Sun wouldn't have been a clear representation of what was being rezoned, and could lead to a procedural defect in the validity of the ordinance. I brought this to the attention of the City Manager and Assistant City Manager and sought their direction on whether or not to "re -do" the second reading based on my concerns. On January 22, the City Manager advised not to do so. Accordingly, the ordinance was finalized with the correct legal descriptions of the property, however, the caption of this ordinance varies slightly from what was published in the newspaper and read at second reading on the 28th in that it now reflects comprehensive legal descriptions of the rezoned property.