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HomeMy WebLinkAboutORD 99-59 - REZ Kelley TrustORDINANCE NO. CLASSIFICATION;FIRST HEIGHT ZONING REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING 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"): PROPERTY OWNED BY WILLIAM D. KELLEY TRUST, DALE ILLIG, TRUSTEE, CONSISTING OF 27.24 ACRES IN THE JOHN POWELL AND EPHRAIM EVANS SURVEYS, AS RECORDED IN VOLUME 2299, PAGE 897 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 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 October 5, 1999, recommended changing said zoning district classification of the above described property from the A, Agricultural district zoning classifications to C -2A - Restricted, Commercial First Height district zoning classification, excluding mini -warehouse use, in accordance with Exhibit "A". 27.24 acres in the John Powell and Ephraim Evans Surveys (Kelley Trust, Phases One and Two) Rezoning Ordinance No. Page I of 3 THEREFORE, ORDAINED OF THE CITY OF i 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 C -2A - RESTRICTED, COMMERCIAL FIRST HEIGHT district, excluding mini - warehouse use, in accordance with Exhibit "A", which is 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. 27.24 acres in the John Powell and Ephraim Evans Surveys (Kelley Trust, Phases One and Two) Rezoning Ordinance No. Page 2 of 3 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 (14) 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 9th day of November, 1999, PASSED AND APPROVED on Second Reading on the 23rd day of November, 1999. ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney THE CITY OF GEORGETOWN: MaryEllen Kersch Mayor II 27.24 acres in the John Powell and Ephraim Evans Surveys (Kelley Trust, Phases One and Two) Rezoning Ordinance No: ffosy Page 3 of 3 jflJf . Y. .1C Rezoning from A. Agricultural to C -2A, Commercial First Height, or any more restrictive district Public Review Final Plat oO