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HomeMy WebLinkAboutORD 890307 - REZ 4.37 AcresORDINANCE NO* 8M`,loq AN ORDINANCE AMENDING THE ZONING ORDINANCE PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ON THE 12TH DAY OF FEBRUARY 1968, AMENDING A PART OF THE ZONING DISTRICT MAP OF THE ORIGINAL ORDINANCE, TO CHANGE 4.37 ACRES SITUATED Iii THE L.J® DYCHES (A-130) SURVEY BEING LOCATED AT 4550 S. IH -35 AND BEING DESCRIBED IN DEED RECORDED IN VOLUME 1014® PAGE 592 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM COMMERCIAL FIRST HEIGHT (C -2A) WITH PARTICULAR RESTRICTIONS TO COMMERCIAL FIRST HEIGHT (C -2A), 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: 4.37 ACRES SITUATED IN THE L.Jo D' LOCATEDBEING AT 4550 ! BEING DESCRIBED DEED RECORDED IN VOLUME 1014, PAGE 592 OF THE OFFICIAL RECORDS i 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 publications 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 July 5, 1989, recommended the changing of said zoning district classifications provided in the Base Ordinance on the above described property from the COMMERCIAL FIRST HEIGHT (C -2A) District Zoning Classification with particular restric- tions to the COMMERCIAL FIRST HEIGHT (C -2A) District Zoning Classification; and 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 4550 S. IH -35 - REZONING C -2A TO C -2A ML - 4550SI35.FW3 2 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; Section Two. That the Base Ordinance and the Zoning Map of the City, as well as the Zoning District for the property described as 4.37 ACRES SITUATED IN THE L.J. DYCHES (A-130) SURVEY BEING LOCATED AT 4550 S. IH -35 AND BEING DESCRIBED IN DEED RECORDED IN VOLUME 1014, PAGE 592 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY shall be and the same are hereby changed from the COMMERCIAL FIRST HEIGHT (C -2A) District Zoning Classification WITH PARTICULAR RESTRICTIONS to the C014MERCIAL FIRST HEIGHT (C-2A)District Zoning Classification Section Three. That the City requires the applicant for this zoning change to comply with the following condition: A detailed development plan meeting the requirements of the then existing subdivision regulations shall be approved prior to issuance of a development permit for this site. 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. Section Four. That if any section, provision, clause, phrase, or word in this to any person or circumstance subsection, paragraph, sentence, ordinance or application thereof is held invalid by any court of 4550 S. IH -35 - REZONING C -2A TO C -2A ML - 4550SI35oFW3 3 competent jurisdiction, such holdings validity of the remaining portions of City Council of the City of Georgetown, would have enacted such remaining invalidity. READ first on this 25th day of July, READ, PASSED AND ADOPTED this the second and final reading. ATTEST. LETA`°"f' . WILLOU CITY SECRETARY THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF GEORGETOWN shall not affect the this ordinance, and the Texas, hereby declares it portions, despite such day of CITY OF GEORGETOWN BY TIM KENNEDY, APPROVED AS TO FORM. 19 on CITY ATTORNEY I, LETA F. WILLOUGHBY, being the current City Secretary of the City of Georgetown, do hereby certify that the attached ordinance of the City Council of the City of Georgetown is a true and cor- rect copy of such ordinance adopted at a council meeting open to the public, and notice of said meeting, giving the date, place and subject thereof, having been posted as prescribed by Article 6252-17, Section 3A, VATCS. Dated this (City Seal) day of LETA F. WILLOUGHBY CITY SECRETARY 4550 S. IH -35 - REZONING C -2A TO C -2A ML - 4550SI35.FW3 1988. REZONING OF 4.37 ACRES SITUATED IN THE L.J. DYCHES SURVEY FROM COMMERCIAL FIRST HEIGHT (C -2A) WITH CERTAIN CONDITIONS TO COMMERCIAL FIRST HEIGHT (C -2A). Project # 01644 Owner/Applicant: REQUEST: FACTS: Surrounding Uses. Surrounding Zoning: Existing Use: •rey; WL •Q �.}. Robert D. Werneburg 2201 Gabriel View Dr. Georgetown, Texas 78628 Rezoning from Commercial First Height (C -2A) with certain conditions to Commercial First Height (C -2A) of a 4.37 acre tract out of the L.J. Dyches Survey, Abstract #180, being more particularly described by deed in Volume 1014, Page 592, of the Official Deed Records of Williamson County, Texas. A waiver of rezoning fees is also requested. See Exhibit A. See Exhibit B. The site is presently used for the sale of used cars and a single family residence. 4550 S. IH -35 - Rezoning C2 -A to C2 -A ML - Wernebur.FW3 Proposed Use: Development Plan: History: ANALYSISo No new use is proposed. District 9c. The plan does not recommend a land use at this location. At the time the subject property was annexed into the City on November 25, 1986, only a single family residence was located on the site. The site was zoned RS Residential Sin- gle Family, in accordance with the Zoning Ordinance provisions at that time governing newly annexed land. In March 1987, Newberg Used Cars relocated to the subject property. In April of 1987, the Building Inspection Department notified the owners that the used car lot was in violation of the Zoning Ordinance, as a used car lot is not a permitted use within an. RS zoning dis- trict. Rather than relocating to another site, the owners requested a zoning change in_ order to legalize the existing used car lot. On August 4, 1987 the Planning and Zoning Commission recommended the rezoning of this 4.37 acre tract to the C -2A zoning district. On March 22, 1988, the City Council approved a zoning change to the C -2A district subject to the condition that the use of this site be limited to the existing use, car sales. The subdivision regulations adopted by the City on February 14, 1988 contain detailed site design standards which are not included in the City's zoning ordinance. Subsequent to the passage of the subdivision regula- tions, the City developed the current policy of granting requests for commercial zoning while requiring the approval of a Detailed Development Plan (DDP) meeting the requirements of the subdivision regulations prior to issuance of any development permit for the site. The owner is agreeable with the current policy requiring a DDP prior to issuance of a building permit. The staff finds this condition consistent with other recent actions taken in similar situations. The applicant has requested a waiver of rezoning fees. Given the fact that the applicant is merely seeking to amend the conditions of the ordinance rezoning this 4550 S. IH -35 - Rezoning C2 -A to C2 -A ML - Wernebur.FW3 property to correspond with current City policies, staff finds this request to be reasonable. (June 27, 1989) Approval of the requested rezoning from C -2A with particular use restrictions to C -2A subject to the approval of a Detailed Development Plan meeting the requirements of the subdivision regulations prior to the issuance of any development permit for this site. The requested waiver of rezoning fees is also recommended. By a vote of 6-0, the Commission recommended approval of the requested rezoning from C -2A with particular use restrictions to C -2A subject to the approval of a Detailed Development Plan meeting the requirements of the subdivision regulations prior to the issuance of any development permit for this site. Following a lengthy discussion of the zoning history of this site with the applicant, and of the Commission's past recommendations regarding fee waivers, the Commission, by a vote of 6-0, recommended denial of the requested fee waiver. CITY COUNCIL ACTION: (July 25, 1989) By a vote of 6-0 the Council approved on first reading an ordinance rezoning the property as recommended by the Planning and Zoning Commission on July 5, 1989, and approved the requested waiver of rezoning fees. 4550 S. IH -35 - Rezoning C2 -A to C2 -A ML - Wernebur.FW3