HomeMy WebLinkAboutORD 880014.00A.4 - River RidgeORDINANCE MCA,
AN ORDINANCE AMENDING THE BASE ZONING ORDINANCE FOR THE CITY OF
GEORGETOWN, ENABLING THE CITY COUNCIL TO IMPOSE CONDITIONS
PRECEDENT TO THE GRANTING OF A BUILDING PERMIT IN CERTAIN ZONING
DISTRICTS; CONTAINING A SEVERABILITY CLAUSE.
WHEREAS, the Base Zoning Ordinance ("Base Ordinance") of the City of
Georgetown ("City") provides for the cumulative grouping of land uses while
providing development standards which are relatively limited in scope and
flexibility and as a result the Base Ordinance does not adequately insure
general compatibility among diverse urban land uses; and
WHEREAS, it is the intent of the City Council ("Council") in
responding to petitions for rezoning amendments to treat similar properties
in a consistent, uniform manner to be able to deal effectively with certain
unique features of a particular site or development proposal for the
protection of nearby property owners, as well as the citizens of the City;
and
WHEREAS,
the Council
by resolution
dated November
24, 1987,
has
directed the
City Planning
and Zoning Commission
("Commission")
to assess
land within
the Base Ordinance
and
to initiate and
propose to the
Council
such
amendments to
the Base Ordinance
as the
Commission finds
necessary
and
appropriate,
and the Council
recognizes
the scope and
possible
long
duration of
such amendment
process; and
WHEREAS, the
City has previously undertaken
and is seeking
to complete
the preparation of
a new comprehensive plan, the
respective
elements of
which will contain
guidelines for the use and
development of
land within
the City, and are
anticipated to be considered
and adopted by
the Council
in 1988 as prescribed
by the City Charter; and
property,
and not as
WHEREAS, the Council finds it to
be in
the best
interest
of the City
and its inhabitants to authorize the
imposition
of
certain
conditions by
the Council in granting amendments
to the
District
Map,
as conditions
precedent to the granting of building
permits
on the
property,
and not as
conditions precedent to the change of
zoning
of such property;
and
WHEREAS, the Council finds it to be in the best interest of the City
and its inhabitants to authorize the imposition of such conditions under
circumstances hereinafter set forth, in order that the City may more
properly promote the health and general welfare, lessen congestion in the
streets, prevent the overcrowding of land, and allow reasonable
consideration to the character of such district in its peculiar suitability
for particular uses;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS:
1. Part Two of the Base Ordinance is hereby amended by the addition
of a new Section 2.0406, "Additional Requirements,1t to the "C-1" Local
Commercial District, providing the following:
Z. AMENDMENT CONDITIONS ENABLING (psf ZENABL 12-17-87) Page 1 of 4
2.0406 Additional Requirements. In granting the rezoning
amendment to the District Map, the City Council may impose
reasonable conditions as set forth below for the protection of
surrounding land owners, as well as the general public, which
shall be complied with by the owner of the property seeking
rezoning amendment, or such owner`s successor in interest, before
a building permit or certificate of occupancy may be issued by
the Building Inspector for the construction or reconstruction of
improvements on such property subject to said rezoning amendment.
Provided, however, that nothing in this Ordinance shall preclude
the Council in enforcing such conditions from pursuing any other
remedies allowed by law or equity. Any conditions imposed shall
be made with reasonable consideration to the character of the
district, uniformity, and the district's particular suitability
for particular uses. Such conditions may include the following:
(a) Provisions for safe ingress and egress from thoroughfares,
and reasonable connections among adjacent properties with similar
use;
(b) Provisions for reasonable visual screening of thoroughfares,
and buffering for adjacent, more restrictive districts or
thoroughfares;
(c) Provisions concerning signs, like prevention of sight
obstructions and reasonable clearance from overhead electrical
lines,
(d) Provisions concerning public improvements like sidewalks and
traffic control devices to insure public safety, health and
welfare;
(e) Reasonable landscaping requirements, concerning visual
screening, reduction of pollution in storm water run-off, visual
relief to large paved areas, and provisions to diminish the
perceived scale of building mass.
(f) Restricting the property to one or more particular use(s)
within the proposed Zoning District.
(g) Requirement of a site plan to be approved in the Commission
and Council in accordance with the requirements of Section 2.1105
of the Base Ordinance. Subsequent modification(s) of an approved
site plan require new approval by the Commission and Council.
Any construction or reconstruction of improvements shall be in
accordance with an approved site plan.
Any such conditions imposed shall not be construed as conditions
precedent to the granting of the rezoning amendment of such
property, but shall be construed as conditions precedent to the
granting of the building permit.
Z. AMENDMENT CONDITIONS ENABLING (psf ZENABL 12-17-87) Page 2 of 4
2. Part Two of the Base Ordinance is hereby amended by the addition of
a new Section 2.0505 "Additional Requirements", to the "C2 -A Commercial
First Height District", providing the following.
2.0505 Additional Requirements. (The regulations set forth in
Section 2.0406 entitled 1°Additional Requirements" for the "C-1"
District shall apply to this District.)
3. Part Two of the Base Ordinance is hereby amended by the addition of
a new Section 2.0602 "Additional Requirements" for the "C -2-B Commercial
Second Height District", providing the following:
2.0602 Additional Requirements. (The regulations set forth in
Section 2.0406 entitled "Additional Requirements" for the "C-1"
District shall apply to this District.)
4. Part Two of the Base Ordinance, Section 2.1105 entitled 91Site Plan
Required" within the "R-0 Zoning District" shall be amended by the addition
of the following at the end of said section:
Subsequent modifications to a site plan approved by the Planning
and Zoning Commission and City Council shall require new approval
by such Commission and Council. Further, any construction or
reconstruction of improvements shall be in accordance with an
approved site plan. Such approved site plan is necessary before
a building permit or certificate of occupancy may be issued by
the Building Inspector for the construction or reconstruction of
improvements on such property subject to said zoning amendment.
5. If any article, paragraph, or part of a paragraph of this Ordinance
is held to be invalid or unconstitutional by a court of competent
jurisdiction,
such article, paragraph or
part of a paragraph shall not
invalidate or
impair
the validity, force
or affect of any other article,
paragraph or
part of
a paragraph of this
Ordinance.
6. Any
ordinance
or ordinances
in conflict with the provisions hereof
are
hereby
repealed
to
the
extent of
such
conflict.
READ first on this 15th day of December 1987.
R ! PASSED, AND ADOPTED
of JanaarLj• ;..;i
ATTEST:
LETA WILLOUGHBY, CITY ,
on second reading this IZA day
CITY OF EORGETO
BY: W� q
JIM COLBERT, Mayor
Z. AMENDMENT CONDITIONS ENABLING (psf ZENABL 12-17-87) Page 3 of 4
ATTEST
CITr 9 GEORGETOWN
BYE_
//Joan King, Mayor Vr Tem
•
i, , 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 correct 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, VACTCS.
Dated this
(City Seal)
City Secretary
day of
Heibeler - Rezoning (psf HEIBELER 12/23/87) P. 3 of 4
19
Property. A 0.37 acre tract located at the northwest
corner of SH -29 and Wilbarger Point Road, as
described by Deed in Volume 492, Page 375 of
the Deed Records of Williamson County, Texas,*
The following condition shall be applicable to the above
described property.
1. The use of this tract shall be limited to the existing
uses on the site, those being automotive, motorcycle, and
truck repair and a single family residence.
Heibeler - Rezoning (psf HEIBELER 12/23/87) P. 4 of 4