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HomeMy WebLinkAboutORD 97-21 - Zoning Devonshire FarmsAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING THE ZONING ORDINANCE PASSED AND ADOPTED ON THE 12TH DAY OF FEBRUARY 1968, AND AMENDING PART OF THE ZONING DISTRICT MAP OF THE ORIGINAL ORDINANCE, TO CHANGE 3.42 ACRES IN THE WILLIAM ADDISON SURVEY, TO BE KNOWN AS PART OF DEVONSHIRE FARMS, AS RECORDED IN VOLUME 19359 PAGE 627 OF THE OFFICIAL DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM THE RS, RESIDENTIAL SINGLE FAMILY ZONING DISTRICT CLASSIFICATION TO C4, LOCAL COMMERCIAL DISTRICT ZONING CLASSIFICATION; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE 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 DAVID KELLY, 3.42 ACRES IN THE WILLIAM ADDISON SURVEY TO BE KNOWN AS A PART OF DEVONSHIRE FARMS, AS RECORDED IN VOLUME 1935, PAGE 627 OF THE OFFICIAL DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, 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 December 3, 1996, recommended changing said zoning district classification of the above described 3.42 acres Devonshire Farms Rezoning Ordinance No. Page 1 of 3 property from the RS, Residential Single Family District to C-1, Local Commercial District, in accordance with Exhibit "A". 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 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 RS, RESIDENTIAL SINGLE FAMILY district to C-1, LOCAL COMMERCIAL district, 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. 3.42 acres Devonshire Farms 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 (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 10th day of December, 1996. PASSED AND APPROVED on Second Reading on the ltday of , 1997. ATTEST: r � _., 'tits✓.- {,"�•�� wr' ., ,-.� Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney 02 1 3.42 acres Devonshire Farms Rezoning Ordinance No. Page 3 of 3 THE CITY OF GEORGETOWN: By: LEO WOOD Mayor .TAIII E "._:.: Il c 51 c _� ::-111 __ SCALE 10(a @r 11.4 Iron fiaj Fourxl 'h" Iron Rnd Sof Will'o Fence Ex1sf1rx3 l-fillltY LIfti9 N °� Nin Pec rd Smrina Fv 0161000 �q �31 60 kJk k 2 3.420 Acres i lGt L o St,iRVEYED N G Wry. �I , x X /� ( /0:l r `Y (; • Gir pdd y 0c h2 t5 t�As �j Z,. _- r •� r- 'li:�TES:t1 Th15 ?ract of land is nllrt Lot ,of the rircR^std subdivision DEVONSHit1E rAR645 COMMERCIAL,SECTION 1. This subdivision hos begirt ;ubrrtied to ti`i!Aanson �,ounty,however the subdiviSion hos NUT been oppfoved or recorded.This property, as !is OXiSts prior to the dedicolion at the adGiilcnoinghl-at-++uy tpr State Nighvray 29,daes tJOT have oecess !9?odeLir,ated roadway. 21 The euserirer•t record=_d in `Joivata. 241 Poge i16 of the Deed Records of Wtiiiomson County. Ter.os states that It is on easerne.ni for tour quy wires, and gives no other iocafion or description. Since this eOSement Is dedicated within our chain of title 41116 e�5ternenl does apply to Ihls traxl,Irovievir thete are no cilrrdnily esisGng guy wirBS o. P G y' 31 the e[rsemc[vs rccolded in the fallowing VatUrP4s and Prges of the Deed Records of Wit!tamson Coun ty do r',ol directly ultect ih t iracl Vaiirm>, 23r1 Pole 53a; Valume 292 Foge 138; Volume 294 Page 338; Vaiume 316 Page 42; Volume 523 Page 46; Volume 553 Put}e 561; Volume 675 Poge 375; Voh1!n+, 402 Page 664; Volkume 843 Poge 670; Volume 239 Page IIsi Vatume 304 Pnon27G; Vebrme bt0 6'oge 363: Voianie 502 Page 144; and Volume 470 Poge 613. -Y" z 9 41 The Easernenf Recvrd�`�i in Velurna 2544 Foge 568,Ond the Road Maintenance Agteentent recorded in Dacuniar,t Number 9632713 of the OfticioiRecords of Williamson Couniy,"II Go not oppiy to this "rotl. gi the (:lopcsn•.i subdivision DEVOP1SI71RE t �Public r�U!h!ly Ei cement lelOnlgl the Elae thedate irlrld fQt$�3td!d;ngy Shaws a 715 Public hti!ily Easement along [lie North line, a t_ir;es and !U' Public UtIMY Eosemenls along I;te South and West Droperty Ar+es. SURVEY MAP Or* + ACROI OF 1AND OUT Or WILLIAM ADDISON SURVICYI. ABSTRACT 21, K .I 4" v • XASt + +' +. OF THAT CERTAIN VOLUMEO ACR TRACT OF LAND CONVEYED TO DAVID L KELLEY IN A DEED AS RECOKDKD IN t +AGE 'V OF OFFICIAL RECORDS or + _ + THE ` l ATE OF TExAS Tit_ Amen(an Capital Ciroup, inc. rljtltlTY OF TkAV1S Georgetown Title Company. Inc. (6.F do A01197035066 A0 Stewart Title insurance Company The umjersicined does hereby Certify that a sur Vey was this day made on the ground of ttre prnrr?ety (pgatty described hereon rind is (orre(t and that there ore no boundary sine conflicts, encroochments, shortages in area, overtoppinu of improvements. risible utility tines, or roads in prate, except as shown hereon.tTo portton of this property ties vrithin o special flood hazard area (Zone 'It accordingg to the Fedorat Emergency 110(riGgement A iency Flood Insurance Rate Mcip, Cammunity Panels 4130668 0230 C and IrlrF 4$1079 0230 C, Dated `erlember q9 Ht5 the 81h day of APRIL, A 0., 1997 trilin n 1904 Furtvrew Road Aurttin, rPexas 76704 BUSH S UR V E jl' G ` e 1904 FUrtYtew Road AU%tin, TexaS 18704 Phone (512) 442.0990 Fax (512) 442-1084 April 4, 199'7 AM FI6t..1) taf?'t'E Dt,.SC:R'iPT1ON OF 3.420 ACRES OF LAND OU1' OF THE AND WILLTI>3EII1G A r , R'PRACT 21, IId P1TL.T.IAP1;�t71V COUtz`I'Y, TEXAS, ADDI9IttI7 ,(..RVI 'i AB._ . PORTION OF `CHI\'C C'ERTt'�lN (�32 • >87 ACRE) TRACT OF LAND CONVEYED TO DAG ID L. KELLEY IN A DEED AS RFCORDED IPl GJOE1935 IE 627 OF THE OFFICIAL AND BEING MORE PAR'TICULAHL RECORDS OF tNIILLIAr15()lNl COlJNTY, TEXA5, DESCRIBED BY ME'T'ES AND B01(jNDS AS FOLLOWS: E3 GINNINCI at a 1/7" iron rocs found in the Southwesterly line of that r«rtain (6.06 acre) tract of ).and conveyed 'to W. Reinhardt in a deed as r.erordGd in. Volufue 573 Page 469 of the deed. recordsilfhtilliamsoline of County, IF' cas, and being in the pJ oL,osed northerly g gt:.ate lii.ghwsly 110. 29, anis being in an interior northeasterly line of th<3t cel.•tain (332.587 acre) tract of lend conveyed to David L. Kelley i_n a deeCl as re< of freer ).n Volwne 1935 Page 627 of the Of ficial Records of 3illTamson County, 'Texas, rand being for the most sautheastezly Rjst corner of the trract },+?rein described, attdtefR inhard)t le tiractobearsuSl,161y common corner of the Kelley tract, and clog. 43' 31" F; 20.06 feet, THENCE, along the proposed nortttorly rightA-of waY line of State Highway No. 29, Y3olnq 2U feet north of and p3ra11elN,t 357ia94efeetlng to al/'2" ioiron way line of said highway 6 77 deg, 02 09 roc} set. in the pzoposed ettsterl.y right--of-way 3.1ne of AvAnte Drive, being for file most southerly southeast corner of this tract, TFIL.NCE, with the prOpOsed easterly right -Of -way lino of said Avante DT: ive, tale following two (2) courts?5: 1) along a cut've to the right, having a radius of. 25.00 feet, and a chord which bears N 51 its deg. 57' 30" F� elle feet to a 1/2" iron rod set in the interior of the iron zoo fset. tract, 2) f1 12 deg. 57' il" Pd 379.97 feet to a 1/2" iron in the interior of the Kelsey tract, tieing fctr the most nox th,40s ter.ly corner of this tract, THFNCE N 77 deg. 34' 09" E 356.48 feet to a 1/2" iron rod set in the COtlllttoll line of the Kelley tract, and the a fore'lle"Lioned Reinhardt tract, being fol thEi tttost northeasterly corner of tills tract, and from ahiC.l1 a L/2" iron rod found at the tliost northwesterly cornc)r of floe Reinhardt tract bears N 16 deg. 43' 31" W 56.11 feet' THENCE, frith the common tract S 16 deg. 43' 31' c;v Itaininy 3.420 CIcres stJRVEYED: Apt'i.l. 8, 1.997 BY: line of tt,e Kelley tract, and the Reinhardt E 402.53 feet to the PLACE OF BEGINNING, in ail Of land. Rett; steyed 0521094 D. Hear sslonal 5