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.
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VACANT. j
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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
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71
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329 / 194 ,
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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,