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HomeMy WebLinkAboutORD 890214 - REZ Sierra Vista8cz) AN ORDINANCE AMENDING•' ORDINANCE PASSED AND ADOPTED BY THE CITY COUNCILOF OF l' i TEXASON DAY OF B' A' '•: AMENDING a •A• OF • DISTRICT MAP OF ORIGINAL ORDINANCE, TO CHANGE LOTSAND 2 OF BLOCK {, LOT 1 OF BLOCK OF i.• .t SUBDIVISION KNOWN • ACRE SUBDIVISIONt• • •, SURVEY (A�115) AND THE LEWIS J. t SAID PROPERTY BEING LOCATED IN THE CITY OF GEORGETOWN AND WILLIAMSON COUNTY, TEXAS, FROM THE RS RESIDENTIAL DISTRICT •COMMERCIAL FIRST 1 HEIGHT DISTRICT !CLASSIFICATION,AND PROVIDING FOR A SAVINGS CLAUSE 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"), which is mapped in Exhibit A. Lots 1 and 2 of e and Lot 1 of • of proposed •r e •wn as Sierra Vista IV, a 14.59 acre subdivision in the Ruidosa IrrigationCo. • the Lewis J. Dyches 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 fewer than fifteen (15) days after the first day of such publication; and WHEREAS, written notice was given as required by state law for the meeting before the Planning and Zoning Commission to all the owners of the lots within two hundred feet of the property; 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; and WHEREAS, the City Planning and Zoning Commission in a meeting held on May 2, 1989, recommended the changing of said zoning district classifications provided in the Base Ordinance on the above described property from the RS RESIDENTIAL SINGLE-FAMILY district to the C -2A COMMERCIAL FIRST HEIGHT district zoning classification; and SIERRA VISTA SECTION IV - REZONING RS TO C -2A ML - SIERRAV2 2 WHEREAS, the City Council hereby finds that reasonable conditions of development permit issuance are necessary to provide for the orderly development of the property within the proposed District and that such conditions are necessary for the protection of the surrounding properties and the general public; and WHEREAS, the City Council hereby finds that this amendment to the zoning district containing the described property is appropriate and consistent with the City's comprehensive plan NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS. That all of the facts recited in the preamble to this ordinance are hereby found by the Council to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim? That the Base Ordinance and the Zoning Map of the City, as well as the Zoning District for the property described as Lots 1 and 2 of Block A and Lot 1 of Block B of the proposed subdivision known as Sierra Vista IV, a 14.59 acre subdivision in the Ruidosa Irrigation Co. Survey (A-715) and the Lewis J. Dyches Survey (A-180), shall be and the same are hereby changed from the RS RESIDENTIAL SINGLE-FAMILY district zoning classification to the C -2A COMMERCIAL FIRST HEIGHT district zoning classification. Section Three. That the City requires the applicant for this zoning change to comply with following condition. Ho development p- be issued for this tract prior to platting No development permit nor certificate of occupancy shall be issued for any construction or reconstruction on such Property until the condition is completed. The condition imposed herein is not to be construed as condition to the granting of zoning, but rather, it is a condition precedent to the issuance of development permits and certificates of occupancy. The rights and obligations of the applicant for zoning change under this ordinance shall be binding upon the applicant for zoning change and any subsequent owners of the Property. SIERRA VISTA SECTION IV - REZONING RS TO C -2A ML - SIERRAV2 3 That if any section, provision, subsection, paragraph, sentence, clause, phrase, or word in this ordinance or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holdings shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Georgetown, Texas, hereby declares it would have enacted such remaining portions, despite such invalidity. READ first on this 9th day of May, 1989. READ, PASSED AND ADOPTED this �Z3rd day of ��. , 19', on the second and final reading. ATTEST. 04 LETA F. WILLOUGHBY CITY SECRETARY THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF GEORGETOWN CITY OF GEORGETOWN BY. TIM `MA w`1 90 otellrj 21• •- 3_ CITY ATTORNEY I, LETA F. WILLOUGHBY, being the current City Secretary City of Georgetown, do hereby certify that the attached of the City Council of the City of Georgetown is a true rect copy of such ordinance adopted at a council meeting the public, and notice of said meeting, giving the date, and subject thereof, having been posted as prescribed by 6252-17, Section 3A, VATCS. Dated this (City Seal) day of LETA F. WILLOUGHBY CITY SECRETARY SIERRA VISTA SECTION IV - REZONING RS TO C -2A ML - SIERRAV2 of the ordinance and cor- open to place Article 1988. N L) �1 �f• � y D TENTION' CHRIST \VLUTHERN CHURCH �i Gt 692/388 5.00 AC E _ / 2 P t� �r APT& SATE / n \ J 14.593 AC v o t` 1 r_ r.) Q ..7tL�t \t alb ' N A LONE STAR G S CO. 10 t14AC O 00 1V i t� 1-A 2 W.W. UAUBA ! 329/19; .. JVA ANT Al 25 0 ' 24.27 VACANT. j 3 1 `{ W. W. LAUBACH, et. al. 329 / 194qp ' (. 127.86 AC) 29.93 AC 2.133 AC p CITY OF G TWN. SCALE: 1 400' Zy9 occcd •rn _ F SIERRA VISTA SECTION IV: REZONING FROM RS TO C -2A. PROJECT #01628. Owner. Citizens State Bank P.O. Box 649 Georgetown, Texas 78627 863-2567 Applicant. Paul Williams 404 W. 9th St. Georgetown, Texas 78626 869-2952 Request: Rezoning from Residential Single -Family (RS) to Commercial, First Height (C -2A) of Lots 1 and 2 of Block A and Lot 1 of Block B of the proposed subdivision known as Sierra Vista IV Location and Surrounding Uses: See Exhibit A. Surrounding Zoning: See Exhibit Be Existing Use: Vacant. Proposed Use: Commercial use is anticipated. The owner has no specific end use for this tract planned at present. Development Plan. District 9c: The plan recommends residential development, History. f City Council reviewed the Concept Plan of Sierra Vista in August of 1983. The meetings' records reflect no objections to r the Concept Plan's proposed land uses. C -2A and C-1 zoning are consistent with the Concept Plan. However, Christ Lutheran Church's concerns about potentially incompatible land uses led to a 1984 agreement between the property owners and Church. The City was not party to that agreement which involved the exchange of some land and the restriction of the northernmost 120 feet of Sierra Vista Section IV to single family or duplex use. Sierra Vista Section IV SIERRA VISTA SECTION IV: REZONING FROM RS TO C -2A. PROJECT #01628. Owner. Citizens State Bank P.O. Box 649 Georgetown, Texas 78627 863-2567 Applicant. Paul Williams 404 W. 9th St. Georgetown, Texas 78626 869-2952 Request: Rezoning from Residential Single -Family (RS) to Commercial, First Height (C -2A) of Lots 1 and 2 of Block A and Lot 1 of Block B of the proposed subdivision known as Sierra Vista IV Location and Surrounding Uses: See Exhibit A. Surrounding Zoning: See Exhibit Be Existing Use: Vacant. Proposed Use: Commercial use is anticipated. The owner has no specific end use for this tract planned at present. Development Plan. District 9c: The plan recommends residential development, History. The Planning and Zoning Commission and the City Council reviewed the Concept Plan of Sierra Vista in August of 1983. The meetings' records reflect no objections to the Concept Plan's proposed land uses. C -2A and C-1 zoning are consistent with the Concept Plan. However, Christ Lutheran Church's concerns about potentially incompatible land uses led to a 1984 agreement between the property owners and Church. The City was not party to that agreement which involved the exchange of some land and the restriction of the northernmost 120 feet of Sierra Vista Section IV to single family or duplex use. Sierra Vista Section IV was annexed in 1987. Notification: Proper notification advertising this request was completed. SIERRA VISTA IV - REZONING RS TO C-1 ml - SV IV.FW3 2 ALYSIS• Land Use: The proposed zoning is consistent with the Concept Plan presented to the Planning and Zoning Commission and the City Council in 1983 and the Preliminary Plat submitted to the City for review and approval in April 1989. If the proposed lots are developed in compliance with the design standards of the subdivision regulations, problems due to land use incompatibility will be mitigated to some degree. However, the C -2A zoning district permits a broad range of uses which could be incompatible with existing residential development. These uses include: outdoor recreational facilities, light manufacturing (ie. bottling plant), and lumber yards. The C-1 district permits a broad range of commercial uses that would be less likely to create compatibility problems with the existing multi -family and church property. Access: Construction of the west frontage road for IH -35 in front of this property should begin in early May of this year. The property will then be accessible via either Rockmoor Drive or the frontage road. Because the property is being platted, the access and all other design standards of the subdivision regulations will apply to future development of this parcel. Procedure: The City has maintained a policy of deferring the second reading of rezoning requests until the subject property is contained within a legal lot.In March, the Commission found that due to the size, configuration and current undeveloped state of two similarly situated tracts, the City could be reasonably assured that the property will be platted before commercial or industrial development. Compliance with City design standards was thus assured without deferring the approval of rezoning. STAFF RECOFR4ENDATION. (March 28, 1989) Approval of the rezoning of the land located north of the proposed extension of Rockmoor Drive (Sierra Vista Section IV, Block A) to C-1 and of the land located south of the proposed extension of Rockmoor Drive (Sierra Vista Section IV, Block B) to C -2A subject to the condition that no development permit shall be issued for this tract prior to the recordation of a plat of the entire parcel. SIERRA VISTA IV - REZONING RS TO C-1 ml - SV IV.FW3 3 Comment® Approval of the requested rezoning prior to plat recordation is not intended as a repeal of the policy of requiring plat recordation prior to -rezoning. Due to the fact that this is an undeveloped tract, the City can be reasonably assured that development will not occur prior to plat recordation. (April 4, 1989) By a vote of 3-1-2, the Commission recommended approval of the rezoning of the land located north of the proposed extension of Rockmoor Drive (Sierra Vista Section IV, Block A) to C-1 and of the land located south of the proposed extension of Rockmoor Drive (Sierra Vista Section IV, Block B) to C -2A subject to the conditions that no development permit shall be issued for this tract prior to the recordation of a plat of the entire parcel and that this recommendation is conti:.gent on the execution of an agreement between representatives of Citizens State Bank and Christ Lutheran Church prior to first reading of an ordinance rezoning this property. The dissenting Commissioner did not feel that the attachment of the condition requiring execution of an agreement between the property owners was appropriate. Commissioners Whisler and Meadows abstained from the discussion and vote due to potential conflicts of interest. Note: If the Council chooses to approve C2 -A zoning of the entire parcel as requested, A 4/5 VOTE IS REQUIRED TO OVERRIDE THE COMMISSION'S RECOMMENDATION of C-1 for the northern two lots. UPDATE. (April 17, 1989) In an April 14 meeting with the staff, Paul Williams, agent in this rezoning, presented the attached request. The staff recommendation is not amended as Mr. Williams has requested, because of the potential for incompatible uses allowed in the C2 -A district adjacent to the existing apartments. However, if the Council finds C2 -A uses appropriate, then the site design variables most available to mitigate incompatible land use are (1) the depth of the bufferyard and (2) the density of planting within that bufferyard. To minimize land use incompatibility, the applicant proposes to exceed the City's design standards by installing a 20 -foot wide Type E bufferyard as opposed to the required Type C bufferyard. Planting density and the resulting visual screening are greater in the Type E than the Type C bufferyard. The further use restrictions proposed by the applicant would limit the potential land use conflicts. However, the City's intentions over the past year have been to avoid rezoning actions which prohibit particular uses within the approved zoning SIERRA VISTA IV - REZONING RS TO C-1 ml - SV IV.FW3 4 district. The Council can weigh the effect of covenant which has been proposed, but the staff recommend inclusion of such restriction in any the restrictive .does not action to rezone. Note: The Commission's action was contingent on an agreement between the neighboring church and the applicant concerning further use restrictions. The Commission's intention was that the request not proceed to Council until such agreement has been executed. Because the Commission did not state that the request should be returned to the Commission, the staff's interpretation (affirmed by the four voting Commissioners) is that if the agreement has not been completed prior to Council consideration of the rezoning request, the Commission's recommendation would be that the request be disapproved. A 4/5 VOTE BY THE COUNCIL IS REQUIRED FOR APPROVAL OF ANY REZONING IN THE ABSENCE OF THE SUBJECT AGREEMENT. LV*WAKK61s1Ztoo sfWTQisto) z E (April 25, 1989) By a vote of 3-2-1 the Council remanded the request to the staff and the Commission. The request is to be reconsidered based on the following guidelines set forth by the Council, which favors C2 -A zoning for the following reasons: 1. Access to the frontage road of IH -35 2. Concept plan previously accepted by the City showing "Commercial" use of the property 3. C -2A zoning and, in some instances, I zoning adjacent to multi -family uses elsewhere in Georgetown 4. Subdivision ordinance provisions to protect adjacent property with respect to screening and setback requirements UPDATE: (April 27, 2,989) Upon reconsideration under the Council, the staff recognizes: IH -35; and the concept plan and Impact" use designation on -the are not inconsistent with C -2A considerations, the request for guidelines established by the the site's accessibility to proposed "Commercial --High approved preliminary plat, which zoning. In light of these C -2A is reasonable. (April 27, 1989) Approval of C -2A zoning subject to the condition that no development permit shall be issued for this tract prior to the recordation of a plat of the entire parcel. (May 2, 1989) By a vote of 3-0-3, the Commission recommended approval of the requested rezoning subject to the condition that no development permit shall be issued for this tract prior to the recordation of a plat of the entire parcel. SIERRA VISTA IV - REZONING RS TO C-1 ml - SV IV.FW3 5 CITY COUNCIL ACTION< (May 9, 1989) By a vote of 4®0-1, the Council approved on first reading an ordinance rezoning the property in conformance with the Planning and Zoning Commission's May 2, 1989 recommendation. SIERRA VISTA IV e REZONING RS TO C-1 ml - SV IV.FW3 OUTH ESQ' CONSULTING SE VICE 404 West 9th Street .- Suite 101 Georgetown, Texas 78626 512/8692952 MEMOAl TO MIKE LAUER JOHN WARDEN Apr '4 FROM mA. PAUL WILLIAM, �° DATE: APRIL 14, 1389 RE. y$ SIERRA VISTA IV ash � REZONING 10< 14v We will seek Council approval at the regular scheduled meeting on April 25th of the Applications as filed for C -2A on the entire traQt. It is our intention to comply with your concerns for the existing residential use by amending the request with the following items: 1. A covenant restriction to be filed with the plat for the site to prevent the following C -2A uses adjacent to existing residential use; on Lot 1 & 21 Block A: "Zoning Ord. Sec. 2.05 Use Regulations a. Trailer Parks Ref. 2.0:0111. b. Lumber Yards Ref. 2.0501, 11. c. Drive- in Theater Ref. 2.0501, 13. 2. Add a buffer yard to the plat along West property line of Lots 1 & 21 Block A in excess of the required Subdivision design criteria shown in Table 37030. The existing multi --family use adjacent to commercial use requires Buffer Yard Level C t3 plants/100,)e We propose to provide a Buffer Yard Level E utilizing 7 plaritsl1001 (the most dense planting required by the regulation) plus a 6' privacy fence. .3. Because the property is bring platted, all other design standards of the subdivision regulations v+iii apply to any future development of this parcel. The Christ Lutheran Church and CSB have agreed to certain other restrictions on Lot 2 ton 270, S of the church property). We are requesting your comments to be Amended to support the application as result of these actions. XCOO Ed Barry Bob Hart oA 1 co r r l o �d 71 y D TETI®N E '•:. �Q �CHRIST ,1 JtIUTHERN CHURCH ni 692/388 5.00 AC f a / a � �V p� jCt LA APTSm SITE .i 14.593 AC v Q t`Iiv rQ A j N a- 30 �2 �V I `) ! /-AVA NT o � � 2 r v If �I ,zaa C?1 D y P GI 0 N GE fl 1�..i� in r—LONE STAR GAS CO. - A •1t4AC 4 Z i -)3 VACANT: �{ W. W. LAUBACH, e4. oi. 329 / 194 , ` { 127.86 AC) 29.93 AC 2.133 AC SCALE: 1" — 400' occ d rn\ EXHIBIT LOCATIOINJAND LAND USE f W.W. LAUB< 329/19 24.2? t CITY OF G' TWN. 1.41 � �.: '� ts. � s, NOIJCE OF PUBLIC 101EETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF GEORGETOWN, TEXAS Notice is hereby given that the City of Georgetown Planning and Zoning Commission will meet at 2.*.0p, m. on the o'clock 4th day of April 19 8_°_ at its regular meeting place in the Council Chambers, 101 E. 7th Street, Georgetown, Texas to consider the proposed change at Sierra Vista, Sec. IV at Rockmoor Drive to So.IH �S from RS (Residential -Single Family-) o icurrent• zoning} to C -2A (Commercial -First Height) (Proposed zoning). As one of the property owners of adjacent property you are invited to be present at such, --,meeting if -you desire to discuss the Proposed change or advisabxZity.__of any other change, SEE ATTACHED LOCATION MAP FOR FURTHER INFORMATION, City Planning and Zoning Commission Georgetown, Texas Dated* 3/3!89 ' For further information phone the City Planning Department at, 863-7274 or.255-6043. PROPERTY OWNERS COMMENT Project name Sierra Vista IV Rezoning Name of respondent Lone Star Gas Co Bi11 Simpkins I am in favor X I object Comments If you wish to submit written comment it will be read before the Planning and Zoning Commission at the above stated time and place,. PLEASE REPLY TO: City of Georgetown-� 14l 37 C/o Planning Department P.O. Box 409' s IVE Georgetown, Texas 78627-0409 MA 0) N I a,