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HomeMy WebLinkAboutORD 99-56 - REZ Pecan Branch Northi • _} .: 1; is • 1 i r. j: ! jii• 'j i 1 }. i', r .. • tri ,} i► j �, � 4� t r r 1 1; i 'l' � r�: a a. i. �., is 1 '..•' r j. a .. u. '. ♦ r 'j. 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 avow scut e r (rrar( ir. asa 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; "` ,j l ( 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 f L t If � rrM� North aswc so" , r o (MPJ �1r.R A