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HomeMy WebLinkAboutORD 95-35 - Intensity Sierra VistaAN 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 1990, TO CHANGE A 14.59 ACRE TRACT IN THE RUIDOSA COMPANY AND LEWIS DYCHES SURVEYS, TO BE KNOWN AS SIERRA VISTA SECTION FOUR, LOCATED ON THE IH35 FRONTAGE ROAD SOUTH OF THOUSAND OAKS DRIVE, FROM INTENSITY LEVEL FOUR TO INTENSITY LEVEL SIX, 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 establish 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 Elvin L. Gentry, proposing a restaurant, mixed retail and multifamily development, necessitating changing the intensity assignment of the 14.59 acre tract in the Ruidosa Company and Lewis Dyches Surveys, to be known as Sierra Vista Section Four, located on the IH35 frontage road south of Thousand Oaks Drive, from Intensity Level Four to Intensity Level Six; and WHEREAS, the Planning and Zoning Commission did, on July 6, 1995, 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 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 Century Plan Amendment -14.59 acres in the Ruidosa Company and Lewis Dyehes Surveys to be known as Sierra Vista Section Pour Ordinance No. y Page 1 of 3 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 14.59 acre tract in the Ruidosa Company and Lewis Dyches Surveys, located on the IH35 frontage road south of Thousand Oaks Drive, 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 July 6, 1995, recommend that the City Council approve the proposed amendment to EXHIBIT 1 of the Century Plan - Development Plan. 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. Economic Development Policy 1, which states: "The City will encourage diversified growth and promote business opportunities to create jobs, broaden the tax base and minimize the impact of economic fluctuations", and 2. 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 3. 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;" as well as the following Goal of the Century Plan - Development Plan Element: 1. Policy 8, Goal A, which states: "The City will prepare and adopt a land use management program to promote orderly growth, address environmental issues, and coordinate provision of City services;" 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 Century Plan Amendment -14.59 acres in the Ruidosa Company and Lewis Dyches Surveys to be known as Sierra Vista Section Four Ordinance No. Page 2 of 3 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 Four designation to Intensity Level Six at the 14.59 acre tract in the Ruidosa Company and Lewis Dyches Surveys, located on the IH35 frontage road south of Thousand Oaks Drive, as shown on Exhibit A of this Ordinance, conditional upon the provision of dedicated public roadway access to the IH35 frontage road via an extension of Rockmoor Drive, and the provision of the required water and wastewater system improvements; these required public improvements to be built or financially secured prior to recordation of the final plat. SECTION 3. All ordinances and resolutions, or parts t and resolutions, in 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 Four designation to Intensity Level Six at the 14.59 acre tract in the Ruidosa Company and Lewis Dyches Surveys, located on the IH35 frontage road south of Thousand Oaks Drive, as shown on Exhibit A of this Ordinance, conditional upon the provision of dedicated public roadway access to the IH35 frontage road via an extension of Rockmoor Drive, and the provision of the required water and wastewater system improvements; these required public improvements to be built or financially secured prior to recordation of the final plat. 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 day of July, 1995, PASSED AND APPROVED on Second Reading on the 8th day of August, 1995. City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney THE CITY OF GEORGETOWN: Fs Leo ood Mayor Century Plan Amendment -14.59 acres in the Ruidosa Company and Lewis Dyches Surveys to be known as Sierra Vista Section Four Ordinance No. Page 3 of 3 IBJ 7FER TO 3 2012 REFER TO 325 7 pt• 3 2 212 62 52 AC TEXAS CaDSXED STONE I•.1116 �n 62 aC •OO>C ORD._ 9�- 35 Exh�blY fJ EXHIBIT A INTENSITY LEVEL MAP r 5.7Sac n9 REFER TO 3 1614 1n` _ - u•m QOp GE 10r•n 0pT[O, INC,I "I r' < `)1K• o«,Kt ITail 54 Lr 51 60A IO.f6 At G_p kc REFER TO / 3 IR16,/' Fr ( •W/5+5 t I _ 7695.0 CIA f Y 'P GO O � GEG�r n w r-fV 173�I .1r .r , V1 �1. 1 1 1X \1151_ 1.If I �ry y OF ON AN ial• V 5o5n66r gAr J `tet Ale At) f} L j eG•5f )O . 9>t I •c c to 2u 1a .0 ®11il ti tEp.GE `OvX p p i r i i ORDINANCE NO. 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 1990, TO CHANGE A 14.59 ACRE TRACT IN THE RUIDOSA COMPANY AND LEWIS DYCHES SURVEYS, TO BE KNOWN AS SIERRA VISTA SECTION FOUR, LOCATED ON THE IR35 FRONTAGE ROAD SOUTH OF THOUSAND OAKS DRIVE, FROM INTENSITY LEVEL FOUR TO INTENSITY LEVEL SIX; 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 establish 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 Elvin L. Gentry, proposing a restaurant, mixed retail and multifamily development, necessitating changing the intensity assignment of the 14.59 acre tract in the Ruidosa Company and Lewis Dyches Surveys, to be known as Sierra Vista Section Four, located on the IH35 frontage road south of Thousand Oaks Drive, from Intensity Level Four to Intensity Level Six; and WHEREAS, the Planning and Zoning Commission did, on July 6, 1995, 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 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 Century Plan Amendment -14.59 acres in the Ruidosa Company and Lewis Dyches Surveys to be known as Sierra Vista Section Four Ordinance No. Page 1 of 3 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 14.59 acre tract in the Ruidosa Company and Lewis Dyches Surveys, located on the IH35 frontage road south of Thousand Oaks Drive, 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 July 6, 1995, recommend that the City Council approve the proposed amendment to EXHIBIT 1 of the Century Plan - Development Plan. 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. Economic Development Policy 1, which states: "The City will encourage diversified growth and promote business opportunities to create jobs, broaden the tax base and minimize the impact of economic fluctuations", and 2. 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 3. 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;" as well as the following Goal of the Century Plan - Development Plan Element: 1. Policy 8, Goal A, which states: "The City will prepare and adopt a land use management program to promote orderly growth, address environmental issues, and coordinate provision of City services;" 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 Century Plan Amendment -14.59 acres in the Ruidosa Company and Lewis Dyches Surveys to be known as Sierra Vista Section Four Ordinance No. awajT Page 2of3 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 Four designation to Intensity Level Six at the 14.59 acre tract in the Ruidosa Company and Lewis Dyches Surveys, located on the IH35 frontage road south of Thousand Oaks Drive, as shown on Exhibit A of this Ordinance, conditional upon the provision of dedicated public roadway access to the IH35 frontage road via an extension of Rockmoor Drive, and the provision of the required water and wastewater system improvements; these required public improvements to be built or financially secured prior to recordation of the final plat. 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 day of July, 1995, PASSED AND APPROVED on Second Reading on the 8th day of August, 1995. 0 Sandra D. 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