HomeMy WebLinkAboutORD 99-56 - REZ Pecan Branch Northi • _} .: 1; is • 1 i
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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"):
PROPERTY OWNED BY DAVID KUTCH, GENERAL PARTNER OF PECAN
BRANCH JOINT VENTURES, CONSISTING OF 108.95 ACRES IN THE JOHN
BERRY SURVEY, AS RECORDED IN DOCUMENT NUMBER 9641421 OF THE
OFFICIAL DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND AS
DESCRIBED IN THE ATTACHMENT TO THIS ORDINANCE, 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
108.95 acres in the John Berry Survey, to be known as Pecan Branch North Rezoning Ordinance No.5. (P
Page 1 of 3
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 September
8, 1999, recommended changing said zoning district classification of the above described property
from the A, Agricultural district zoning classification to the R -MH, Residential Manufactured
Home district zoning classification, tied to the City Council approved Revised Concept Plan, in
accordance with Exhibits "A" and "B" .
NOW, TBEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF
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 1, which states: "The City will ensure that
future land use patterns provide economic, cultural, and social activities to all residents,
businesses and organizations, and the City's development process encourages new and
infill development"; and
2. Growth and Physical Development Policy 2, which states: "The City's regulatory
actions will efficiently and effectively implement the Policy Statements and provide the
opportunity to seek change with reasonable effort and expense"; and
3. Growth and Physical Development Policy 4, which states: "The City will encourage
new development and infill redevelopment in the community"; and
4. Environmental and Resource Conservation Policy 1, which states: "The City will take
the steps necessary to protect the physical attributes that make Georgetown attractive";
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 the A, AGRICULTURAL
district to the R -MH, RESIDENTIAL MANUFACTURED HOME district, tied to the City
Council approved Revised Concept Plan, in accordance with Exhibits "A" and "B", which is
108.95 acres in the John Berry Survey, to be known as Pecan Branch North Rezoning Ordinance No.
Page 2 of 3
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 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 28th day of September, 1999.
PASSED AND APPROVED on Second Reading on the 12th day of October, 1999.
ATTEST:
R
Sandra D. Lee
City Secretary
sVwf _ 1 E- 6 6
MUMPHTOMFUMUMoo Wo
City Attorney
THE CITY OF GEORGETOWN:
y: MARYELLEN KERSCH
Mayor
148.95 acres in the John Berry Survey, to be known as Pecan Branch North Rezoning Ordinance No. #
Page 3 of 3
EXHIBIT A
Revised Concept Plan of
A Planned Unit Development of
Pecan Branch North
Approved by City Council on
September 8, 1998
Requested Rezoning from A, Agricultural to
R -MH, Residential Manufactured Home
North
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EXHIBIT
BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIA14SON COUNTY
TEXAS, AND BEING OUT OF AND A PART OF THE JOHN BERRY SURVEI
ABSTRACT N0. 51, AND BEING A PART OF THAT CERTAIN TRACT OF LAND AS
DESCRIBED IN A SPECIAL WARRANTY DEED TO JOHN T. HARDAGE AND
PATRICIA K. HARDAGE, CO -TRUSTEES FOR THE JOHN T. HARDAGE AND
PATRICIA K. HARDAGE, TRUST FROM FCLT REO ONE, L.P., DATED AUGUST
30, 1995, AND RECORDED IN DOCUMENT NO. 9542329, OF THE OFFICIAL
RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found in the north line of State Highway
F.M. 971, for the Southeast corner of that certain tract of land as
described in a deed to the Board of Trustees for Heritage Baptist
Church of Williamson County from John T. Hardage and Patricia K.
Hardage, Co -Trustees for the John T. Hardage and Patricia K.
Hardage Trust, dated May 24, 1996, and recorded in Document No.
9627062, of the Official Records of Williamson County, Texas, and.
for the Southwest corner and POINT OF BEGINNING of the herein
described tract;
THENCE with the east line of the said Heritage Baptist Church tract
Borth 18'31'45" West, a distance of 945.59 feet to an iron rod
found in the south line of that certain ttact'of land as described
in a deed to Joe W. Garrett and wife, Betty L. Garrett from Walter
I. Clements, Jr. and wife, Pauline I. Clements, dated May 23, 1979,
recorded in Volume 758, Page 740, of the Official Records of
Williamson County, Texas, for the Northeast corner of the said
Heritage Baptist Church tract, and for the Northwest corner of this
tract;
THENCE with the south line of the said Garrett tract, the following
nine (9) courses:
(1) North
69°40116"
North
East,
a distance of 308.11
feet
to
an iron rod
set at
a
fence
post
found, for an angle
corner
of
this tract;
(2) North 35'41'02" East, a distance of 443.57 feet to an iron rod
set at a fence post found, for an angle corner of this tract;
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( 1 )
(3)
North
24°16'10"
East, a distance of 365,55
feet
to
an iron rod
found
at
a fence post, for an -angle corner of
this
tract;
(4)
North
13'26'05"
East, a distance of 245.56
feet
to
an iron rod
found
at
a fence post, for an angle corner of
this
tract;
(5)
North
31°25'27"
East, a distance of 46.21
feet
to
an iron rod
set at
a
fence post foundp for an angle
corner
of
this tract,
` (6)
North
46°41'01"
East, a distance of 23.61
feet
to
an iron rod
set at
a
fence post found, for an angle
corner
of
this tract;
(7)
North
63°46144"
East, a distance of 105.99
feet
to
an iron rod
set at
a
fence post found, for an angle
corner
of
this tract;
(8)
North
71'52'44"
East, a distance of 68.91
feet
to
an iron rod
set at
a
fence post found, for an'angle
corner
of
this tract;
(9)
North
75°19121"
East, a distance of 174.46
feet
to
an iron rod
found,
for
the Southeast corner of the said
Garrett tract, and
for an
interior corner of this
tract;
"` ,j
l
( 1 )
THENCE with the east line of the said Garrett tract, North
19'40117" West, a distance of 134.30 feet to a point in the
approximate centerline of Pecan Branch, for the Southwest corner of
that certain tract of land as described in a deed to Duane
McBachron and wife, Carol McEachron from Charles E. Hughes and wife
Lois M. Hughes, recorded in Volume 568, Page 447, of the Official
Records of Williamson County, Texas, and for an exterior corner of
this tract;
THENCE with the south line of the said McSachron tract and the
southwest line of that certain tract of land as described in a deed
to Clyde Neal Kimbro from the Veterans Land Board of the State of
Texas, dated November 2, 1990, and recorded in Volume 1960, Page
303, of the Official Records of Williamson County, Texas, and with
the approximate centerline of said Pecan Branch the following
thirty-one (31) courses,
(1} South 62020128" East, a distance of 359.21 feet to a point,
for an angle corner of this tract;
(2) North 76'33125" East, a distance of 314.86 feet to a point,
for an angle corner of this tract;
(3)
an angle
North 41'46108"
East, a distance of 116.12 feet
to a point,
for an angle corner of
this tract;
(11)
North 88'36'49"
(4)
North 88'06'32"
distance of
East, a
distance of
50,64 feet to
a point, for
an angle
an angle
corner
of this
tract;
(5)
South 46'59158"
East, a
distance of
44.57 feet to
a point, for
for
an angle
corner
of this
tract;
tract,
(6)
South 81'47101"
(13)
East, a
distance of
83.31 feet to
a point, for
88.45 feet to
an angle
corner
of this
tract;
corner
of this
tract;
(14)
North 76'05'40"
(7)
North 74'46112"
to a point,
East, a distance of
103.92 feet
to a point,
this tract;
for an angle corner of
this tract,
(15)
(8)
South 70'53154"
East, a
East, a
distance of
95.43 feet to
a point, for
an angle
corner
of this
tract;
(9)
South 48'16105"
East, a
distance of
48.86 feet to
a point, for
an angle
corner
of this
tract;
10 ) South 86'43' 45" East, a distance of 30.67 feet to a point, for
(2)
an angle
corner
of this
tract;
(11)
North 88'36'49"
East, a
distance of
84.88 feet to
a point,
for
an angle
corner
of this
tract;
(12)
North 58'08114"
East, a
distance of
45.02 feet to
a point,
for
an angle
corner
of this
tract,
(13)
South 86'49157"
East, a
distance of
88.45 feet to
a point,
for
an angle
corner
of this
tract;
(14)
North 76'05'40"
East, a distance of
307.23 feet
to a point,
for an angle corner of
this tract;
(15)
North 06'40'42"
East, a
distance of
39.96 feet to
a point,
for
an angle
corner
of this
tract;
(2)
THENCE continuing with a line common to the said Kimbro tract,
South 34'44129" West, a distance of 41.62 feet to a point, for the
Northeast corner of that certain tract of land as described in a
deed to Texas Power and Light Company from Ruben L. Lehman and
wife, Bertha Ann Lehman, recorded in Volume 669, Page 550, of the
Official Records of Williamson County, Texas, and for an angle
corner of this tract;
ORO*
ie el 0
(16)
Horth 77'50157"
East, a
distance of
84.16 feet to
a point,
for
an angle
corner
of this
tract;
(17)
South 62'31'36"
East, a distance of 177.01 feet
to a point,
for an angle corner of
this tract;
(18)
South 44`08147"
East, a
distance of
85.22 feet to
a point,
for
an angle
corner
of this
tract;
(19)
South 12'33121"
East, a distance of
153.28 feet
to a point,
for an angle corner of
this tract;
(20)
South 43'29101"
East, a
distance of
71.66 feet to
a point,
for
an angle
corner
of this
tract;
(21)
South 57°16124"
East, a
distance of
96.52 feet to
a point,
for
an angle
corner
of this
tract;
(22)
South 32'37124"
East, a
distance of
39.87 feet to
a point,
for
an angle
corner
of this
tracts
(23)
South 04'09'09"
West, a
distance of
89.75 feet to
a point,
for
an angle
corner
of this
tract,
(24)
South 51'1642"
East, a distance of
144.29 feet
to a point,
for an angle corner of
this tract;
(25)
South 42'23113"
East, a
distance of
55.80 feet to
a point,
for
an angle
corner
of this
tract,
(26)
South 73'16131"
East, a
distance of
56.98 feet to
a point,
for
an angle
corner
of this
tract;
(27)
South 59'55'54"
East, a
distance of
121.13 feet
to a point,
for an angle corner of
this tract;
(28)
Borth 89'54155"
East, a
distance of
44.34 feet to
a point,
for
an angle
corner
of this
tract;
(29)
South 51'01102"
East, a
distance of
49.70 feet to
a point,
for
an angle
corner
of this
tract;
(30)
South 27'43152"
East, a
distance of
38.22 feet to
a point,
for
an angle
corner
of this
tract;
(31)
South 54'18154"
East, a
distance of
86.07 feet to
a point,
for
the East
corner
of this
tract;
THENCE continuing with a line common to the said Kimbro tract,
South 34'44129" West, a distance of 41.62 feet to a point, for the
Northeast corner of that certain tract of land as described in a
deed to Texas Power and Light Company from Ruben L. Lehman and
wife, Bertha Ann Lehman, recorded in Volume 669, Page 550, of the
Official Records of Williamson County, Texas, and for an angle
corner of this tract;
ORO*
ie el 0
THENCE with the north line of the said Texas Power and Light
Company tract, South 46.51'10" West, a distance of 595.15 feet to
an iron rod found in the north line of said State Highway F.M. 971,
for the West corner of the said Texas Power and Light Company
tract, and for an angle corner of this tracts
northTHENCE with the of said - HighwaySouto
70*5212811 West, a distance of 3,089.43 feet to the POINT CQ
BEGINNING, i i • 950 acres of land, more or
.�AE
..
Georgy E. Lucas
Registered Professional
Land Surveyor No. 4160
State of Texas
Date: 07-22-96
File No. pecan.doc
Randall Jones Engineering,
1212 E. Braker Lane
Austin, Texas
Inc.
EXHIBIT B
Revised Concept Plan of
A Planned Unit Development of
Pecan Branch North
Approved by City Council on
September 8, 1998 and
Reflects Council Conditions
Requested Rezoning from A, Agricultural to
R -MH, Residential Manufactured Home
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North
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