HomeMy WebLinkAboutORD 97-24 - Zoning Berry Creek Sec 5AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, AMENDING THE ZONING ORDINANCE
PASSED AND ADOPTED ON THE 12TH DAY OF FEBRUARY 19685 AND
AMENDING PART OF THE ZONING DISTRICT MAP OF THE
ORIGINAL ORDINANCE, TO CHANGE A PORTION OF A 52.4 ACRE
TRACT IN THE WILLIAM ROBERTS SURVEY (EXCLUDING THAT
PORTION KNOWN AS TRACT 1), FORMERLY KNOWN AS A PORTION
OF BERRY CREEK SUBDIVISION, SECTION FIVE, AND A
RESUBDIVISION OF THE SYBERT SUBDIVISION, TO BE KNOWN AS
BERRY CREEK, SECTION FIVE, FROM THE A, AGRICULTURAL
DISTRICT ZONING CLASSIFICATION TO THE RS, RESIDENTIAL
SINGLE FAMILY, AND RP, RESIDENTIAL PLANNED DISTRICT
ZONING CLASSIFICATIONS; 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 WOOD ROAD PROPERTIES, CONSISTING OF A
PORTION OF 52.4 ACRES IN THE WILLIAM ROBERTS SURVEY (EXCLUDING
THAT PORTION KNOWN AS TRACT 1), FORMERLY KNOWN AS A PORTION
OF BERRY CREEK SUBDIVISION, SECTION FIVE, AS RECORDED IN VOLUME
542, PAGE 166 OF THE OFFICIAL DEED RECORDS OF WILLIAMSON COUNTY,
TEXAS; AND A RESUBDIVISION OF THE SYBERT SUBDIVISION, AS
RECORDED IN CABINET G, SLIDE 25 OF THE OFFICIAL PLAT 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
Berry Creek 5 and Sybert Rezoning Ordinance No. / a
Page 1 of 4
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 March 4,
1997, recommended changing said zoning district classification of the above described property
from the A, Agricultural district zoning classification to RS, Residential Single Family, and RP,
Residential Planned district zoning classifications, 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
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.
Berry Creek 5 and Sybert Rezoning Ordinance No.� d
Page 2 of 4
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 following zoning district classifications, and with the following restrictions:
0 Tract 2, to RS, Residential Single Family.
® Tracts 3, 4, and 5, to RP, Residential Planned for single family detached development
conforming to the design guidelines illustrated by Exhibit F, with the following revisions:
® No accessory structure shall be permitted within side and rear setbacks except
those permitted by Section 34020 G.2. of the Subdivision Regulations.
® Fences are permitted in accordance with Section 37040.
• Maximum impervious cover is 40 percent, and building cover is 30 percent,
consistent with Table 34020.
® All local and collector street corners shall have 15 foot radii consistent with
Section 33030 0.2.
0 The front building setback line for all corner lots shall conform to the front
setback line for interior lots, consistent with Section 34020 F.4.
® Tract 6, to RP, Residential Planned for uses permitted in. the RM -3, Office and Service
zoning district only, thereby prohibiting any uses permitted in the other "R" districts.
Also, prior to any development on the subject tract a rezoning to attach a full DDP
meeting the requirements of the Subdivision Regulations be approved.
Tract 7, to RP, Residential Planned for uses permitted in the RM -3, Office and Service
zoning district, thereby prohibiting any uses permitted in the other "R" districts. Also,
prior to any development on the subject tract a rezoning to attach a full DDP meeting the
requirements of the Subdivision Regulations be approved,
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.
Berry Creek 5 and Sybert Rezoning Ordinance No. 7 z! 0ZV
Page 3 of 4
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 Chartertof the City of
Georgetown.
PASSED AND APPROVED on First Reading on the 22nd of April, 1997.
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PASSED AND APPROVED on Second Reading on the day of i ' 1997.
ATTEST:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
Berry Creek 5 and Sybert Rezoning Ordinance No.
Page 4 of 4
THE CITY OF GEORGETOWN:
By: `LEO WOOD
Mayor
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TRACT 2
BEING 12.83 acres of land, situated in the William Roberts Survey, Abstract, No.
524, in Williamson County, Texas, said land being more particularly described as
follows:
BEGINNING at a point for the most westerly Northwest corner of Berry Creek
Section Five, a subdivision of record in Cabinet H Slide 377 of the Plat Records of
Williamson County, Texas, for the Northwest corner hereof;
THENCE, with a north line of the said Berry Creek Section Five, N 70° 56' E,
18.30 feet to a point, N 69° 57' E, 586.87 feet to a point, and N 720 03' 30" E,
265.73 feet to a point for an interior comer of the said Berry Creek Section Five,
for the most northerly Northeast comer hereof,
THENCE, S 800 49'E) 138.96 feet and S 830 54' E, 40.00 feet to a point in the
center of St. Andrews Drive, for the most easterly Northeast comer hereof,
THENCE, S 380 07' E, 392.82 feet to a point for the most easterly Southeast
corner hereof;
THENCE, with a curve to the left (Radius = 550.00 feet, Long Chord bears
S 340 43' W, 438.89 feet), an arc distance of 451.46 feet to a point for the most
southerly Southeast corner hereof;
THENCE, N 570 34' W, 302.62 feet to a point for an interior corner hereof,
THENCE, S 690 57' W, 600.00 feet to a point on the east line of Kingsway road,
being on the west line of the said Berry Creek Section Five, for the Southwest
corner hereof,
THENCE, along the said east line of Kingsway road, with a curve to the right
(Radius = 270.00 feet, Long Chord bears N 25° 21' W, 55.00 feet), an arc distance
of 55.10 feet to a point, N 19° 30' W, 164.52 feet to a point, N 35° 31' 30" W,
21.59 feet to a point, and N 19° 30'W, passing the intersection of the west line of
Kingsway Road and the north line of St. Andrews Drive, 242.15 feet to the Place
of BEGINNING and containing 12.83 acres of land.
NOTE:
These field notes are for future zoning only and should not be used for
conveyance of property.
7616-15\tract2. doc
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BEING 9.31 acres of land, situated in the William Roberts Survey, Abstract, No.
524, in Williamson County, Texas, said land being more particularly described as
follows:
BEGINNING at a point on the west line of Berry Creek Section Five, a
subdivision of record in Cabinet H, Slide 377 of the Plat Records of Williamson
County, Texas, being on the east line of Kingsway Road, said point being
S 200 52'30" E, 482.27 feet from the most westerly Northwest comer of the said
Berry Creek Section Five, for the most westerly corner hereof,
THENCE, N 690 57' E, 600.00 feet to a point for the most northerly Northeast
corner hereof,
THENCE, S 570 34' E, 302.62 feet to a point for the most easterly Northeast
corner hereof,
THENCE, with a curve to the left (Radius = 550.00 feet, Long Chord bears
S 60 48'30" E, 340.00 feet to a point for a corner hereof;
THENCE, S 310 13' W, 435.00 feet to a point on the west line of the said Berry
Creek Section Five for the Southeast comer hereof,
THENCE, with the said west line of Berry Creek Section Five, N 58° 47' W, 3 5. 00
feet to a point, N 67° 14' 30" W, 126.17 feet to a point, and N 72° 31' 30" W,
223.31 feet to a point for a corner of the said Berry Creek Section Five, for the
Southwest corner hereof;
THENCE, N 240 24' 30' E, 323.97 feet to a point for an interior corner of the said
Berry Creek Section Five, being on the north line of Kingsway Road, for an
interior comer hereof,
THENCE, along the north and east line of Kingsway road, and the west line of the
said Berry Creek Section Five, N 65° 35' 30' W, 317.46 feet to a point at the
beginning of a curve to the right (Radius = 270.00 feet, Long Chord bears
N 480 24' W, 159.68 feet), and along said curve to the right an are distance of
162.10 feet to the Place of BEGINNING and containing 9.31 acres of land.
NOTE:
These field notes are for future zoning only and should not be used for
conveyance of property.
7616-15\tract3.doc
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BEING 10.89 acres of land, situated in the William Roberts Survey, Abstract, Ido.
.524, in Williamson County, Texas, said land being more particularly described as
follows:
BEGINNING at a point on the east line of Berry Creek Section Five, a subdivision
of record in Cabinet H, Slide 377 of the Plat Records of Williamson County,
Texas, being the Southwest corner of the Sybert Subdivision, a subdivision of
record in Cabinet G, Slide 25 of the Plat Records of Williamson County, Texas,
for the Northeast comer hereof,
THENCE, S 190 53' E, 1009.31 feet to a point for a corner of the said Berry
Creek Section Five, for the Southeast comer hereof,
THENCE, S 700 07' W, 215.25 feet to a point on the east line of Kingsway Road,
for an interior comer of the said Berry Creek Section Five, for the most southerly
Southwest corner hereof;
THENCE, along the said east line of Kingsway Road, with a curve to the left
(Radius = 460.00 feet, Long Chord bears N 44° 43' 30" W, 327.65 feet), an arc
distance of 335.00 feet to a point, and N 65° 35'30" W, 357.03 feet to a point for
the most westerly Southwest comer hereof,
TB NCE, N 310 13' E, 135.36 feet to a point on a curve to the right (Radius =
550.00 feet, Long Chord bears N 160 42'30" E, 729.17 feet);
Thence, with said curve to the right an arc distance of 797.12 feet to a
point for the Northwest corner hereof,
TBENCE, S 380 0 E, 218.77 feet to the Place of BEGINNING and containi
7'ng
10.89 acres of land.
NOTE:
These field notes are for future zoning only and should not be used for
conveyance of property.
7616-15\tract4. doc
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TRACT 5
BEING 5.64 acres of land, situated in the William Roberts Survey, Abstract, Nd.
524, in Williamson County, Texas, said land being more particularly described as
follows:
BEGINNING at a point at the. intersection of the north line of Claremont Drive
and the east line of Kingsway Road, being an interior corner of Berry Creek
Section Five, a subdivision of record in Cabinet H, Slide 377 of the Plat Records
of Williamson County, Texas, for the Northeast corner hereof,
THENCE, S 710 51' 30" W, 264.61 feet to a point on the west line of the said
Berry Creek Section Five for the Southeast corner hereof,
THENCE, with the west line of the said Berry Creek Section Five, N 35° 28' W,
74.90 feet to a point, N 45° 46' 30" W, 90.44 feet to a point, N 56° 14' 30" W,
96.84 feet to a point, N 56° 01' W, 147.52 feet to a point, and N 58° 47' W,
248.84 feet to a point for the Southwest corner hereof,
THENCE, N 31° 13' E, 299.64 feet to a point on the east line of Kingsway Road,
for the Northwest corner hereof,
TBENCE, along the east line of the said Kingsway Road, S 65° 35'30" E, 357.03
feet to a point at the beginning of a curve to the right (Radius = 460.00 feet, Long
Chord bears S 37° 08' E, 438.35 feet), along said curve to the left, an arc distance
of 456.90 feet to a point, S 8° 41' E, 50.00 feet to a point at the beginning of a
curve to the left (Radius = 20.00 feet, Long Chord bears S 53° 41' E, 28.28 feet),
and along said curve to the left, an arc distance of 31.41 feet to the Place of
BEGINNING and containing 5.64 acres of land.
NOTE:
These field notes are for future zoning only and should not be used for
conveyance of property.
7616-15\tract5.doc
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BEING 5.99 acres of land,
524, in Williamson County,
follows:
situated in the William Roberts Survey, Abstract, No.
Texas, said land being more particularly described as
BEGINNING at a point at the most southerly Southeast corner of Berry Creek
Section Five, a subdivision of record in Cabinet H, Slide 377 of the Plat Records
of Williamson County, Texas, for the Southeast corner hereof;
THENCE, S 710 41'W) 180.07 feet to a point for the most southerly Southwest
corner of the said Berry Creek Section Five, for the most southerly Southwest
comer hereof,
THENCE, with a west line of the said Berry Creek Section Five, N 190 53' W,
220.00 feet to,,a point, and N 34° 48' W, 220.42 feet to a point for an interior
corner of the said Berry Creek Section Five, for an interior comer hereof,
THENCE, with a south line of the said Berry Creek Section Five, S 70° 51' W,
30.81 feet to a point for the most westerly Southwest corner hereof,
THENCE, N 190 53'W, 677.31 feet to a point for the Northwest comer hereof;
THENCE, N 710 51' 30" E, 50.70 feet to a point at the intersection of the north
line of Claremont Drive and the east line of Kingsway Road, and continuing along
the north line of the said Claremont Drive, N 810 19' E, 221.08 feet to a point for
the most southerly Northeast comer of the said Berry Creek Section Five, for the
Northeast corner hereof,
THENCE, S 190 5 E, 1071.14 feet to the Place of BEGINNING and containi
3'ng
599 acres of land.
NOTE:
These field notes are for future zoning only and should not be used for
conveyance of property.
7616-15\tract6. doc
TRACT 7
BEING 6. 10 acres of land, situated in the William Roberts Survey, Abstract, No.
524, in Williamson County, Texas, said land being more particularly described as
follows:
BEGINNING at a point at the most southerly Southwest corner of Berry Creek
Section Five, a subdivision of record in Cabinet H, Slide 377 of the Plat Records
of Williamson County, Texas, for the Southwest corner hereof,
THENCE, with the west line of the said Berry Creek Section Five, N 6° 13' 30" E,
159.54 feet to a point, N 6° 50'E, 186.59 feet to a point, N 21° 35' E, 121.22 feet
to a point, N 15° 00'30" E, 111.67 feet to a point, N 0° 10'30" W, 195.50 feet to
a point for the Northwest corner hereof,
THENCE, N 710 51' 30" E, 213.91 feet to a point for the Northeast corner hereof,,
4
THENCE, S 190 53'E7 677.31 feet to a point on the south line of the said Berry
Creek Section Five, for the Southeast corner hereof;
THENCE, S 700 51' W, 578.03 feet to the Place of BEGINNING and containing
6.10 acres of land.
NOTE:
These field notes are for future zoning only and should not be used for
conveyance of property.
7616-15\tract7.doc