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Home My WebLink AboutORD 99-42 - Intensity Berry Creek 5• '. �" 4 ... ,, '• � �Y alb':.. •' • 1' 1i_ ! 11. 1 r' • i ,• �, � / 1 i �' r t r 4 r •, •, �, 4. r 4 `sr jl 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 Century Plan Development Plan contains the Intensity Map designed to assign development intensities throughout the Georgetown Planning Area; and WHEREAS, an application has been made by Wood Road Properties, Inc. for commercial development located between SH195 and the existing Berry Creek development, necessitating a change in the intensity assignment of a 2.1 acre portion of 52.4 acres formerly known as Berry Creek Section Five, from Intensity Level Three to Intensity Level Four and Five and a 8 acre portion of a resubdivision of the Sybert Subdivision from Intensity Level Three to Intensity Leve 1 Four and Intensity Level Five, to be known as Berry Creek Section Five, Tract 1; and WHEREAS, the Planning and Zoning Commission did, on March 4, 1997, conduct a public hearing regarding the proposed amendment to EXHIBIT 1 of the Century Plan - Development Plan; and Century Plan A d ent- Berry Creek, Section Five ordinance No. Page 1 of 3 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 Plan, amendment placed on the property at the 10.1 acres to be known as Berry Creek, Section Five, Tract 1, such sign(s) as required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen (I5) days before the date set for such hearing; and WHEREAS, the Planning and Zoning Commission did, on March 4, 1997, recommend that the City Council approve the proposed amendment to EXHIBIT 1 of the Century Plan - Development Plan; and WHEREAS, the recommendation by the Planning and Zoning Commission included a condition that second reading of the ordinance for Tract 1, not occur until a public water supply system capable of providing commercial fire flows and a public wastewater system can be made available to this property, and further, if second reading is not approved within one year of the Planning and Zoning Commission's recommendation, the approval will be void; and WHEREAS, the second reading of the ordinance for Berry Creek, Section Five, Tract 1, was granted an extension to the time constraint by City Council on June 23, 1998 and a removal of the administrative conditions on April 13, 1999, having met all the utility requirements as set forth by the City Council, 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: 1. Economic Development End 1. 1, which states: "Existing undeveloped sites are put to beneficial use", and 2. Growth and Physical Development End 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 Century Plan Amendm nt- Berry Creek, Section Five Ordinance No. Page 2 of 3 development;" and 3. Growth and Physical Development End 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 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, EXHIBIT 1 - Intensity Map, contained within the Century Plan - Development Plan, is hereby amended by the City Council of the City of Georgetown, Texas, to change the Intensity Level Three designation to Intensity Level Four and Five for the 10.1 acre portion of 52.4 acres formerly known as Berry Creek Section Five and Sybert Subdivision, to be known as Berry Creek, Section Five,Tract 1, as shown on 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. 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. PASSED AND APPROVED on First Reading on the 22nd day of April, 1997. PASSED AND APPROVED on Second Reading on the 24th day of August, 1999. ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Century Plan Amendm nt- Berry Creek, Section Five Ordinance No. Page 3 of 3 THE CITY OF GEORGETOWN: MaryEllen Kersch Mayor Marianne Landers Banks City Attorney Century Plan Amendment- Berry Creek, section Five Ordinance No. Page 4 of 3 Yia G. Oh" i :Ose: VaO f L[ 1 z:c1 -- BERRY CKEEK, SFC71 EX"181T Q CN,RVE AND SYBERT SUBD[V1 C3 1 U O At i l S TeCar TCanGrtt°IN i fl 10 xc +K•• . 11 al a r '- ;ieJO A TOE t S. PC °r 448 r 1)E) 54 1E zi 1d X ^ SsSHOa CSr.TC 460trTf ya;v bt O.t