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Home My WebLink AboutORD 97-62 - Zoning VoglerORDINANCE NO. AN 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 A 29.005 ACRE TRACT IN THE JOHN BERRY SURVEY, TO BE KNOWN AS VOGLER SUBDIVISION, FROM THE A, AGRICULTURAL DISTRICT ZONING CLASSIFICATION TO C- 2A - RESTRICTED, COMMERCIAL FIRST HEIGHT 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 MR, MICHAEL VOGLER AND MS, LINDA FUTRELL, ESTATE OF MILDRED VOGLER, CONSISTING, OF 29.005 ACRES IN THE JOHN BERRY SURVEY, TO BE KNOWN AS VOGLER SUBDIVISION, AS RECORDED IN VOLUME 332, PAGE 164 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 March 4, 1997, recommended changing said zoning district classification of the above described property 29.005 acres in the John Berry Survey (Vogler Subdivision) Rezoning Ordinance No. ` Page 1 of 3 from the A, AGRICULTURAL district zoning classification to C -2A - RESTRICTED, COMMERCIAL FIRST HEIGHT district zoning classification, 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 A, AGRICULTURAL district to C -2A - RESTRICTED, COMMERCIAL FIRST HEIGHT district classification, and with the following restrictions: 0 No mini -warehouse uses will be permitted. 0 If any request for a use with outside display and/or storage is made, the detailed development plan must be reviewed and approved by the Planning and Zoning Commission and City Council. At that time, the Commission and Council will have the discretion to deny the request or to condition their approval on the basis of use and design issues. 29.005 acres in the John Berry Survey (Vogler Subdivision) Rezoning Ordinance No. Page 2 of 3 0 At the time development of this property is proposed, access to CR190 will not be permitted until that road is improved as specified in the Century Plan. If the Commission and Council approve the request, the second reading of the rezoning ordinance may not be held until a public water supply system capable of providing commercial fire flows and a public wastewater system can be made available to the property. Further, if the second reading is not approved within one (1) year of the Commission's hearing on the request, this approval will be void, 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. 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 25th of March, 1997, PASSED AND APPROVED on Second Reading on the day of ',ilc � iejf t 1997. ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney 29.005 acres in the John Berry Survey (Vogler Subdivision) Rezoning Ordinance No. Page 3 of 3 THE CITY OF G By:'LEO WOOD Mayor ETOWN: EXHIBIT A 2 1626 REZONING FROM AGRICULTURAL TO ClA, COMMERCIAL RRSi NEIGKT-RESTRICTED _ 1 •-. so- TCR'"Ou"a, 340/603 C.. L .�.�\oe [\,t 1.H "t }, vl +.3 va A OCRRT CRECI uTILITT 1632 /IT6 D•1O u• • 1,06 CIC. T � 9 AY CJC(a P 1141 R3 OCR vOGlf a, 4I ra Q 2164 /064 V' 332 /164 ~ 03.13 CIC ( T4,99 a.G1 1101.624) [t y ti I OAc 100.42 K .o_rca 1 .....:. nWt,n6, J. rr BISH� ESTATE ��•�S7 16060 /IJI LT (12.641 •:: LCRI .93X 66.0 Ac A1 r e Const 1P1 Ai)1 ROSCLL£ 4AIAi111`4++ ••.• •• 17/678 411 /cIa /•C'\j +'O40 ..:; '.::•: "� e�KKI OY d 4.3634. K.Il ac- / b ` $10 •••y.;��J°.A IWIXL ?X= Ac 16 cc BERRY '`• Ob1i6 No d $ ( 4 \ o CLRi Sl J 1Gl nIGS A L - X'+a • 4ri/T44 4. gulf n.3O CIC 12NY[Tx R'°J x 196 /336 °•. 1462 /2 o t 24cC-2A - Restricted L.aO36 71 4 A6.. - b SAlac1 S +h000 ROAD t+ApPCRTICS 1969/104 GLTYR 0 OuK 39.06 A.C. E 3!6/436 1107.09 Ac I Restricted L[Ror elbRia Oubl»Ch 136y 160 13.9317. c. „ •i: li`i C!Z 1 `� """ cwt/ lae+.l A 1 p •Kf b.M AiJ 4.41u.t WK O sR / zzo6 OEZZOGI I w't ' 3 311 ac Ck)Rri3 srr4 •.r , 609 �` ♦.y.. (381: l0>.11 PETROLEC W"0I.ESA4.ECf TCACS,Iw,' 2250/ R3 11,02 Ac w.Ls If CAAOTHEAS +A GLTNN 0. &VIE ' la!/nT 516/636 _ Ir (362 .b Acl rA,,, •,,, ] '1 b LtRRr a CO? ,304. .50A- 264,35A9. .,A I, •~1'�'•' •++ 2MOl Acs 3:13. It h •.0 A4 STIGOO• Q 616 /640 •�11 w LIAY CnLY�ALIM, TR. '+� (141.1W. At.) 146/466 r 1,0 K. 19 TAS (60.75 •cl t% !'+ 4129 At: / t-1 _lam" /NOI+a1 6ULLI0h TR ` 1093 / T6• 1 n3.63 Aa.) a4b[RLIh ` \ � \ Ati-ILLIAu C»AWCI+Lw• TRV SJCC N3.0 ac 10At, 13612 6C 1292,9t K.1 /' ''`WAI