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
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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
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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
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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
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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
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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
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