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HomeMy WebLinkAboutORD 97-25 - Intensity Berry Creek Sec 5Iq AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING EXHIBIT 1- INTENSITY MAP OF THE CENTURY PLAN - DEVELOPMENT PLAN, PASSED AND ADOPTED ON THE 13TH DAY OF MARCH 19909 TO CHANGE A 38 ACRE PORTION OF 52.4 ACRES IN THE WILLIAM ROBERTS SURVEY, FORMERLY KNOWN AS A PORTION OF THE BERRY CREEK SUBDIVISION, SECTION FIVE, FROM INTENSITY LEVEL THREE TO INTENSITY LEVEL FOUR, TO BE KNOWN AS BERRY CREEK, SECTION FIVE, LOCATED BETWEEN SH195 AND THE EXISTING BERRY CREEK DEVELOPMENT; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Charter of the City of Georgetown was amended by vote of the people in April 1986 such that comprehensive planning was established as a continuous and ongoing governmental function; and WHEREAS, the City Council did, on March 8, 1988, adopt by Ordinance Number 880097 the Georgetown Century Plan - Policy Plan as the Comprehensive Plan for the City pursuant to Section 1.08 of the City Charter; and WHEREAS, the City Council did, on March 13, 1990, adopt by Ordinance Number 900149 the Georgetown Century Plan - Development Plan as the Land Intensity, Transportation, and Utilities functional plan elements pursuant to Section 1.08 of the City Charter; and WHEREAS, the Century Plan Development Plan contains the Intensity Map designed to assign development intensities throughout the Georgetown Planning Area; and WHEREAS, an application has been made by Wood Road Properties, Inc. for residential and commercial development located between SH 195 and the existing Berry Creek development, necessitating a change in the intensity assignment of a 40.1 acre portion of 52.4 acres formerly known as Berry Creek Section Five, from Intensity Level Three to Intensity Level Four and a 5.9 acre portion and a 2.1 acre portion of a resubdivision of the Sybert Subdivision from Intensity Level Three to Intensity Level Four and Intensity Level Five, to be known as Berry Creek Section Five; and WHEREAS, the Planning and Zoning Commission did, on March 4, 1997, conduct a public hearing regarding the proposed amendment to EXHIBIT 1 of the Century Plan - Development Plan; and WHEREAS, notice of such hearing was published in a newspaper of general circulation Century Plan Amendment- Berry Creek, Section Five Ordinance No. Page 1 of 3 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 Plan amendment placed on the property at the 49.2 acres to be known as Berry Creek, Section Five, 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 Planning and Zoning Commission did, on March 4, 1997, recommend that the City Council approve the proposed amendment to EXHIBIT 1 of the Century Plan - Development Plan; and WHEREAS, the recommendation by the Planning and Zoning Commission included a condition that second reading of the ordinance for the Sybert Subdivision, a portion of Tract One, not occur until a public water supply system capable of providing commercial fire flows and a public wastewater system can be made available to this property, and further, if second reading is not approved within one year of the Planning and Zoning Commission's recommendation, the approval will be void; and WHEREAS, this second reading of the ordinance has been revised to exclude all of Tract One, including the Sybert Subdivision and a 2.1 acre portion of the area formerly known as Berry Creek Subdivision, Section Five, 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 Policy Ends of the Century Plan - Policy Plan Element: 1. Economic Development End 1. 1, which states: "Existing undeveloped sites are put to beneficial use", and 2. Growth and Physical Development End 7.0, which states: "Georgetown's land uses support economic, cultural and social activities for all residents, businesses and organizations; and the City's development process encourages new and infill development; " and Century Plan Amendment- Berry Creek, Section Five Ordinance No. Page 2 of 3 3. Growth and Physical Development End 7. 1, which states: "The City's regulations implement the Policy Ends and provide the opportunity to seek change with -reasonable effort and expense;" R 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. EXHIBIT 1 - Intensity Map, contained within the Century Plan - Development Plan, is hereby amended by the City Council of the City of Georgetown, Texas, to change the Intensity Level Three designation to Intensity Level Four for the 38 acre portion of 52.4 acres formerly known as Berry Creek Section Five, to be known as Berry Creek, Section Five, as shown on Exhibit A of this Ordinance. 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 22nd day of April, 1997. PASSED AND APPROVED on Second Reading on the 27th day of May, 1997. City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney Century Plan Amendment- Berry Creek, Section Five Ordimance No. 6 - Page 3 of 3 THE CITY OF GEORG Leo' -Wood Mayor 0 R i � v R 0 �a G U C 0 OSI EXHIBIT A m 0 0 �a G U C OSI EXHIBIT A 11`t; S 01 GC'O\\CGl Z R m p mf N � 1 V 1 U 4 Y 1 1 r AAK 2 a F 7 BEING 12.83 acres of land, situated in the William Roberts Survey, Abstract, Na. t 524, in Williamson County, Texas, said land being more particularly describedas 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 72° 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 83° 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 comer 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 comer hereof, THENCE, along the said east line of Kingsway road, with a curve to the right (Radius = 270.00 feet, Long Chord bears N 250 21' W, 55.00 feet), an arc distance of 55.10 feet to a point, N 190 30'W, 164.52 feet to a point, N 350 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 TRACT 3 BEING 9.31 acres of land, situated in the William Roberts Survey, Abstract, Na. 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 K 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 V 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 he of Berry Creek Section Five, N 58° 47W, 35.00 feet to a point, N 671 14' 30" W, 126.17 feet to a point, and N 720 31' 30" W, 223.31 feet to a point for a comer 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 comer 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 arc 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. 761645\tract3 .doc fft. Fe BEING 10.89 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 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 OT W, 21525 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 comer 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 corner hereof, THENCE, N 310 13' E, 135.36 feet to a point on a curve to the right (Radius -- 5 5 0. 00 550.00 feet, Long Chord bears N 16° 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, THENCE, S 380 OT E, 218.77 feet to the Place of BEGINNING and containing 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 F TRACT 5 BEING 5.64 acres of land, situated in the William Roberts Survey, Abstract, Ijo. 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 560 14' 30" W, 96.84 feet to a point, N 560 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 310 13' E, 299.64 feet to a point on the east line of Kingsway Road, for the Northwest corner hereof, THENCE, 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 81 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 BEING 5.99 acres of land, situated in the William Roberts Survey, Abstract, N©_ 524, in Williamson County, Texas, said land being more particularly described as follows: 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 corner hereof, THENCE, with a west line of the said Berry Creek Section Five, N 19° 53' W, 220.00 feet to,a point, and N 340 48' W, 220.42 feet to a point for an interior comer of the said Berry Creek Section Five, for an interior corner hereof; THENCE, with a south line of the said Berry Creek Section Five, S 700 51' W, 30.81 feet to a point for the most westerly Southwest corner hereof, THENCE, N 190 53'W1 677.31 feet to a point for the Northwest corner 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 53' E, 1071.14 feet to the Place of BEGINNING and containing 5.99 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 i 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° 35E, 121.22 feet to a point, N 150 00'3011 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 comer hereof THENCE, S 190 53E, 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 tri