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HomeMy WebLinkAboutORD 2011-31 - REZ Bourn TractORDINANCE NO. 2011- 31 An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Zoning District Map adopted on the 41h Day of April 2002 in accordance with the Unified Development Code passed and adopted on the 11th Day of March 2003, to rezone 183.15 acres of the B.C. Low Survey, from the Agriculture District (AG) to Business Park (BP), Local Commercial (C -1), and Multi- family (MF); repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. 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 "): 183.15 acres of the B.C. Low Survey, as recorded in Document Numbers 2007102274, 2007102275, and 2008002933 of the Official Public Records of Williamson County, Texas, hereinafter referred to as "The Property"; Whereas, the City Council has submitted the proposed change in the zoning district classification to the Planning and Zoning Commission for its consideration at 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 earlier than fifteen (15) days for the first day of such publication; and Whereas, written notice was given not less than fifteen (15) days before the date set for the meeting before the Planning and Zoning Commission to all the owners of the lots within two hundred feet of the property, as required by law; 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, not less than fifteen (15) days before the date set for such hearing; and Whereas, the City Planning and Zoning Commission in a meeting held on June 7, 2011, recommended approval of the requested zoning change for the above described property from the Agriculture District (AG) to Business Park (BP), Local Commercial (C -1), and Multi - family (MF). Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas, that: Section 1. The facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance implements the vision and policies of the Georgetown 2030 Comprehensive Plan and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any Ord iott -3i other policies of the Georgetown 2030 Comprehensive Plan. Section 2. The Zoning District Map of the City, as well as the Zoning District for the Property shall be and the same is hereby changed from the Agriculture District (AG) to Business Park (BP), Local Commercial (C -1), and Multi- family (MF), in accordance with Exhibit A (Location Map) and Exhibit B (Legal Description) incorporated herein by reference, is hereby adopted by the City Council of the City of Georgetown, Texas. Section 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 4. If any provision of this Ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are hereby declared to be severable. Section 5. The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect on the date of final adoption by City Council. PASSED AND APPROVED on First Reading on the 28th day of June, 2011. PASSED AND APPROVED on Second Reading on the 12th day of July, 2011. ATTEST: APPROVED AS TO FORM: Bridget Chapm Acting City Attorney ©t THE CITY OF GEORGETOWN: By: George Garver Mayor Exhibit E- Location Map EST. 1846 GE©RGETOWI• TEXAS e 600 Feet 1,200 —1 Parcels Site City Limits The Bourne Tract B.C. Low Survey CR 111 & IH -35 CPA -2011 -002 REZ- 2011 -003 EXHIBIT B LEGAL DESCRIPTION i T. PARCEL 1 C -1 20.99 ACRES ASH STREET — PHONE (512) 930.5927 ETOWN, TEXAS 78026 — FAX (512) 86i billeforestsurveying.com BEING 20.99 acres of the Barney C. Low Survey, Abstract No. 385, in Williamson County, Texas. This property includes a part of 3 tracts that are described in deeds to BP Westinghouse Investors, LLG, (1) West parcel: part of 76.27165 Ac. from Charles Terry Isaacks, et. ux., as set out in Doc. 2007102275, less right of way described in Doc. 2008059372; (2) East Parcel: all of the 102.24 acre (reserve of 113.49 ac. less 11.25 exception tract) from BP Steele Investors, LLC, as set out in Doc. 2007102274, (right.of..way Doc, 9757466 was from prior title); and (3) part of the North Tract: 6.40 ac. from Westinghouse Road 6.4 Ac. Partnership, as set out in Doc. 2008002933, less right-of-way as set out in Doc. 2008059372, of the Official Public Records of Williamson County, Texas (OPRWCT). This description is based on a survey that was made on the ground in March of 2011, under the supervision of William F. Forest, Jr., Registered Professional Land Surveyor No. 1847. Survey note: The bearing basis for this description is the Texas Coordinate System of 1983, Grid North, Texas Central Zone. BEGINNING for a point of reference at an iron pin which was found in the South line of Westinghouse Road, at the Northeast corner of the 102.24 acre property which was conveyed to BP Westinghouse Investors, LLC, This comer exists at the Northwest corner of the exception tract called 11,25 ac. as described in Doc. 2007102274 (OPRWCT ). This corner exists in the South line of the 0.5392 acre right-of-way widening strip which was described as conveyed to Williamson County by deed recorded in Doc. 9757466, and at the Northwest comer of the property of the Norma Steel Trust, et. al, according to tax records. THENCE with the North boundary of the 102.24 acre property of BP Westinghouse Investors, LLC, and the South Right-of-Way of Westinghouse Road, (L14 and L12) S 70 °1632" W 295,09 feet to the True Pont of i !inning. This corner exists at the most Easterly Northwest corner of Parcel 2 and at the Northeast corner of this parcel. THENCE with a boundary of Parcel 2, (L15) S 19 °42'57 ' E 445.99 to the beginning of a curve to the right; continuing 386.83 feet with the arc of a curve (C7) with a radius of 809.49 feet and a central angle of 27 °22'474; the chord bears 5 06 °01'33" E 383.16 feet to the end of the curve. THENCE continuing with the boundary of Parcel 2, S 80°0456 W 596.39 feet, (L9) N 18° 480T W 231.50 feet, S 70°2805" W 910.29 fee t and N 19 °36'26" W 44266 to a point in the South Right- offWay of Westinghouse Road. THENCE with the South line of Westinghouse Road, as widened, (L10) N 72 °48426" E 22,8 f t t0 an iron pin which was set at the beginning of a curve to the left (C2) having a radius of 5060.00 feet and a central angle of 01 °167 ", 107.87 feet with the arc of the curve, the chord bears N 72 °11 *473aE 107.87 feet to a nail which was set in the West line of the said 64 ac. property of BP Westinghouse investors, LLC: continuing with the South line of the road, with the arc of the curve (4) to the left having a radius of 5060.00 feet and a central angle of 0 °36'36 "; 317.33 feet with the arc of the curve, the chord bears N 69'4721" E 317.28 feet to an iron pin which was found at the end of the curve; and N 68 °00'25" E 622.97 feet to an iron pin which was found the Southeast corner of the said 1.237 acre road widening ship which was conveyed to Williarrison County (Doc. 2008059372). PARCEL 1 C-1 20 99 ACRES 2 THENCE with the existing right -of -way of Westinghouse Road, (L6) N 19 °24.46" W 16,64 feet to an iron pin which was found in the East line of the 1,137 acre road widening strip as set out in a deed to Williamson County, Doc. 2 008059372), at the Southwest corner of the 0.5392 acre road widening strip (Wiltiarnson County Doc. 9757466); continuing with the South line of the said 0.5392 acre strip, N 70 °10'32" E 513.69 feet to the POINT OF BEGINNING, STATE OF TEXAS KNOW ALL MEN BY THESE IRE NTS; COUNTY OF WILLIAI ISON WM. F. FOREST, JR., do hereby certify that this description was prepared fro r'n data collected in a survey which was made on the ground of the property legally described hereon, under my supervision. This description is true and correct to the best of my knowledge and belief. TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Texas, this ;. tlst day of May of 2011, A.D. File: bpwi zoning parcel 1.doc TERED PROFE M.P. FOREST JR. ND SURVEYOR OR NO.1 847 PARCEL 2 BP 99.91 ACRES t"RFFT — PH0 F (512) 530-5927 , TEXAS MX FAX (512) MOO NItfir survey BEING 99.91 acres of the Ramey C. Low Survey, Abstract No. 385, in W11ia arson County, Texas, This property includes part of 2 tracts that are described in deeds to BP Westinghouse Investors, LLC, (1) West parcel, part of 75,27155 Ac. from Charles Terry Isaack , et. u .. as sort out in Doc, 2007192275, less right of way described in Doc. 2008059372, 2) East Parcel: all of the 102.24 acre (reserve of 113,49 ac, less 11.25 exception tract) from BP Steele Investors, LLC, as set out in Doc_ 2007102274; of the Official Public Records of Wiiliarx son County, Texas CPRWCT), It is noted that the South boundary of the East parcel has been modified by a boundary agreement which follows the fenced boundary as surveyed by Steger and E3izzell, as referred to in Doc. 2007102274 (see Doc. 9801107, agreement between Norma Steele and Margaret M. Nash, e. l.). This description is based on a survey that was made on the ground in March of 2011; under the supervision of William F. Forest, Jr., Registered Professional Land Surveyor No. 1847. Survey note: The bearing basis for this description is the Texas Coordinate System of 1983, Grid Nora(, Texas Central Zone. COIVIMENCING for a point of reference at an iron pin vvhich was found in the South lira of Westinghouse Road, at the Northeast corner of the 102.24 acre property which was conveyed to SP Westinghouse Investors, LLC. This corner exists at the Northwest corner of the exception tract called 11,25 acs as described in Doc. 2007102274 CPRWCT). This corner exists in the South line of the 0,5392 acre right -of -way widening strip which was described as conveyed to VVilfiamson County by deed recorded in Doc. 9757455, and at the Northwest corner of the property of the Norma Steel Trust, et al. according to tax records, TI-1ENCE with the North boundary of the 102.24 acre property of BP Westinghouse Investors, LLC, and the South Right-of-Way of Westinghouse Road (L14) S 70 °10'32" 183.((9 feet to the True Point of Beginning. This corner exists at the Northwest corner of Parcel 4 and the Northeast corner of this tract. THENCE with the West line of Parcel 4, (1,13) S 142'57`° E 362.04 feet to an iron pin which was found at the Southwest corner of Parcel 4; continuing with the West boundary of the said 11.25 acre property that was excepted out from the deed to BP Westinghouse Investors, LLC; (1 2) S 19°42'5r E 84,16 feet to an iron pin which was found at the beginning of a curve (C5) to the right having a radius of 921.49 feet and a central angle of 7 °32'42" continuing 1214. 99 feet with the arc of the curve, joining the curved North line of Parcel 3 and Parcel 5, the chord bears S 18°0224" W 1128,:: feet to the slid of the carve; and (L1) S 55 °49'45" IN 98.97 feet to the beginning of a curve; continuing with the North boundary of Parcel 5; following the arc of a curve to the right (C 8) having a radius of 1202.80 feet and a central angle of 09°3019". 199.54 feet with the arc of a curare, the chord : rs S 60°34'544. W 199.31 feet to the end of the curve. PARCEL 2 BP 9 9 91 ACRES 2 THENCE continuing with the North boundary of Parcel 5, S 65°20'04" W 604.33 feet. THENCE with the West boundary of Parcel 5 and Parcel 3, S18°4103" E 1293.61 feet to an iron pin which was found at the common South corner between the said 102.24 acre tract and the said 76.27165 acre tract. THENCE with the South boundary of the said 76.27165 acre tract and the North boundary of Teravista Sec. 268 (plat 7/249), S 70°20'22" W passing the Northeast corner of Teravista Sec. 27 ( plat Z/254), continuing in all 1237.45 feet to a pipe which was found at the Southeast fence corner of Lot 1, Block C of Sec. 5 of the CPG Partners Commercial Tract (plat 2005095432), and at the Southwest corner of the 0.179 acre dram.. - easement conveyed to CPG Round Rock LP. (Doc. 2006010328, OPRWCT). THENCE with the West boundary of the said 76.27165 acres, with the East boundary of said Lot 1, Block C, and the East line of the remainder of the 132.28 acre tract that was conveyed to ANC-Round Rock Assets 11, LP, N 19°34'30" W 774.62 feet to an iron pin which was found; and (L1) N 18°18'39" W 16.51 feet to an iron pin which was found. THENCE with the West boundary of the said 76,27165 acres, and the East boundary of the property of Forest Financial Services Ltd., (19,492 ar. Doc, 2010083163, OPRWCT), N19° 17'12" W, joining the East boundary of the property of Hewlett Holdings, Ltd. (44.626 ac, Doc. 9530321, OPRWCT), continuing in all 1947.54 feet to the most Northerly of WO iron pins which were found 9.89 feet apart, at the Southwest corner of the 0.14 acre road widening strip which was conveyed to VVfiliamson County as described in Doc. 2008059372 (OPRWCT). THENCE with the South line of Westinghouse Road, as widened, (C3) 30,62 feet with the arc of the curve to the right having a radius of 4955.00 feet, and a central angle of 00° 21'16% the chord bears N 68°44' 32" E 30.62 feet to an iron pin which was set at the Northwest corner of the property of David W. Hamby, et. ux. (3.002 ac. 2005039945). THENCE with the boundary of the said Hamby parcel; 5 18°52153" E 341.89 feet to a pipe which was found; N 7094428" E 362,66 feet to an iron pin which was found; and IN 19°09' 07" W 340.30 feet to an iron pin which was found at the Southwest corner of a 0,908 acre road widening strip (2008059372). THENCE with the South line of Westinghouse Road, as widened, with the arc of a curve (CI) to the right having a radius of 5000 feet and a central angle of 02°43'33; 237.87 feet with the arc of the curve, the chord bears N 73°3406' E 237.85 feet to an iron pin which was set at the end of the curve; continuing with the South line of Westinghouse Road (L5) N 74°55'52" E 27,86 t; and N 72°4826" E 477,17 to the Northwest corner of Parcel 1. THENCE with the boundary of Parcel 1, $ 19°3626 E 442,66 feet, N 70°28'05" E 910.29 feet; (L9) 5 1898'03" E 231.50 feet; and N 80°04'58" E 596,39 feet to the beginning of a non-tangent curve (C7); continuing with the arc of the curve to the left having a radius of 809.49 feet and a central angle of 27°2247; 386.83 feet with the are of the curve, the chord bears NI 06°01'33" W 383.16 feet to the end of the curve; and (L15) N 19°42'57 W 445.99 feet to the Northeast corner of Parcel 1, a point in the South Right-of-Way of Westinghouse Road, as widened. THENCE with the existing right-of-way of Westinghouse Road, (L12) tti 7090'321' E 112.00 feet to the POINT OF BEGINNING. PARCEL 2 EL% 9 9.91 ACRES STATE OF TEXAS KNOW ALL t EN BY THESE PRESENTS; COUNTY OF WILLIAMSON I, WM. F. FOREST, JR., do hereby rtify that this description was prepared from data collected in a survey which was made on the ground cif the property legally described hereon, under my supervision. This description is true and correct to the best of my knowledge and belief. TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Texas, this the 31st day of May of 2011. File; BPWI Zoning parcel 2.doc TERE PROFS ONAL `W. FOREST JR. AND SURVEYOR NO. 1847 FOREST SURVEYING 6 MAPPING CO. PARCEL 3 MF 38.00 ACRES 1M2 ASH STREET — PHONE (312) 930.5927 GEORGETOWN„, TEXAS 78626 — FAX (312) 868.0605 bill@forestserveyinix0m BEING 38.00 acres of the Barney C. Low Survey, Abstract No. 385, in Williamson County, Texas. This property includes part of the 102.24 acre property (reserve of 113,49 ac, less 11.25 exception tract) from BP Steele Investors, LLC, as set out in Doc. 2007102274, of the Official Public Records of Williamson County, Texas (OPRWCT). It is noted that the South boundary of this parcel has been modified by a boundary agreement which follows the fenced boundary as surveyed by Steger and Bizzell, as referred to in Doc. 2007102274 (see Doc. 9801107, agreement between Norma Steele and Margaret M. Nash, et. al.), This description is based on a survey that was made on the ground in March of 2011, under the supervision of Wiliam F. Forest, Jr, Registered Professional Land Surveyor No. 1847. Survey note; The bearing basis for this description is the Texas Coordinate System of 1983, Grid North, Texas Central Zone. BEGINNING at an iron pin which was found at the Southeast fence corner of the said 102.24 acre tract, at a bend in the property line of a property that was conveyed to Net,vland-Rourid Rock Asso., LP (remainder of 895,35 acre parcel set out in Doc, 9801109, OPRWCT). This corner exists at a fence corner of the boundary as established by the boundary agreement between Steel and Nash (Doc. 9801107), and at the Northeast corner of Teravista Sec. 26A, according the plat which is filed in Cab, Z, Slide 246. THENCE with the South boundary of the said 102.24 acre property as modified by the said boundary agreement, following the North boundary of the said Teravista Sec. 26A, generally along or near the existing fence, as follows; S 57°1655" W 339,80 feet to a nail found; (14) 8 64°00381 W 36.76 feet to a nail found; (L3) S 72°1428" W 236.32 feet to an iron pin found; and 8 70'22'29" W 1326,60 feet to an iron pin which was found at the common South corner between the said 102.24 acre tract and the said 76,27165 acre tract, This comer exists at the Southeast corner of Parcel 2 of 99.91 acres. THENCE with the East boundary of the said 76,27165 acre tract and the West boundary of the said 102,24 acres, and with the boundary of Parcel 2, N 18°4103 W 368,59 feet. THENCE continuing with the boundary of Parcel 5, N 71°2122" E 200.06 feet; N 47°40'30' E 1040,62 feet; N 01°31'39" E 349.29 feet and N 43°3631" W 428.84 feet to a point on a curve to the left (C9) having a radius of 921.49 feet and a central angle of 15°3719"; continuing 251.25 feet with the arc of the curve, the chord bears N 34°28'44' E 250.47 feet to an it pin which was found at the Southwest comer of the 11.25 ac. exception tract that was described in the deed to BP Westinghouse inv. LLC.; continuing with the South line of the said 11.25 acre exception tract that is in possession of Norma S. Steel, Tr., et. al. according to tax records, S 51°5769 E 337.18 feet to a steel cotton spindle which was found, and N 71°33'08" E 423.72 feet to a mag nail which was found driven into a rock ledge at a fence corner. THENCE with the East boundary of the said 102.24 acre property and the West boundary of the property conveyed to the Trustees of the Joe D. Anderson, et, ux,, Trust (82,060 ad. Doc. 2001034; ;8, OPRWCT), 8 19°52'15' E 1263.62 feet to the POINT OF BEGINNING. PARCEL 3 MF 38 . 00 ACRES STATE OF TEXAS COUNTY OF KNOW ALL "N BY THESE PRESENTS; WILLIAMS IVISON I, WM. F. FOREST, JR,, do hereby certify that this description was prepared from data collected in a survey which was made on the ground of the property legally described hereon, under my supervision. This description is true and correct to the best of my knowledge and belief. TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Texas, this the 31st day of May of 2011, A.D. File: bpwi zoning parcel adoc 2 a.p...rxxx WF. FOREST JR. REGISTERED PROFES ONAL LAND SURVEYOR NO. 1847 FOREST SURVEYING MAPPING CO. PARCEL 5 C-1 22.73 ACRES aSHt7€ E (5i ) +:03-597 r GETOWN. ' FAX (5) l c }i ,c a BEING 22.73 acres of the Barney C. Low Survey, Abstract No. 385, in Williamson County, Texas. This property includes part of the 102.24 acre property (reserve of 113.49 ac. less 11.25 exception tract) from BP Steele Investors, LLC, as set out in Doc, 2007102274, of the Official Public Records of Williamson County, 'Texas (OPRWCT). It is noted that the South boundary of this parcel has n modified by a boundary agreement which follows the fenced boundary as surveyed by Steger and Bizxell, as referred to in Doc, 2007102274 (see Doc. 9801107, agreement between Norma Steele and Margaret M. Nash, et, al.). This description is based on a survey that was made on the ground in March of 2011, under the supervision of William F. Forest, Jr., Registered Professional Land Surveyor No. 1847. Survey note. The bearing basis for this description is the Texas Coordinate System of 1983, Grid North, Texas Central Zone, BEGINNING for a point of reference at an iron pin which was found at the Southwest fence comer of the said 102.24 acre tract, at the Southeast corder of the 76,27165 tract described in a deed to BP Westinghouse Investors, LI.,C in Doc. 2007102275_ This corner exists at a fence corner of the boundary as established by the boundary agreement between Steel and Nash Poe, 9801107), and at the Southwest corner of Teravista Sec. 26A, according the plat which is filed in Cab. 2, Slide 246, This corner exists at the Southeast comer of Parcel 2 of 99.91 acres. THENCE with the East boundary of the said 76.27165 acre tract and the West boundary of the said 102,24 acres. and with the boundary of Parcel 2,, N 18°41'03' W 368.59 feet to the Southwest corner of this parcel and the True Point of Beginning. THENCE continuing with the East boundary of Parcel 2, N 18 °41'03" W 925.02 feet to the Northwest corner of this parcel, THENCE N 65 °20'04" E 604.33 feet to the beginning of a curve to the left (C8) having a radius of 1202.80 feet and a central angle of 09 °30'19 "; continuing 199.54 feet with the arc of the curve, the chord bears N 60 °34'54" E 199.31 feet to the end of the curve; (L16) N 55 °49'45" E 98.97 feet to the beginning of a curve to the left (C10) having a radius of 921.49 feet and a central angle of 13 °32'21 continuing with the arc of the curve. 217,75 feet, the chord bears N 49°03'34' E 217.24 feet to the upper Northwest corner of Parcel 3. THENCE with the westerly boundary of Parcel 3, S 43 °36`31°' E 428,84 feet, S 01 °31'39" W 34 9.29 feet, 8 47 °40'30" W 1040.62 feet and S 71°21'22" W to the TRUE POINT OF BEGINNING. PARCEL 5 C - 1 22 73 ACRE$ STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS; I, WM. F. FOREST, JR., do hereby certify that His description was prepared from data collected in a survey which was made on the ground of the property legally described hereon, under my supervision. This description is true and correct to the best of my knowledge and belief. TO CERTIFY WtlICH, WITNESS my hand and seal at Georgetown. Texas, this the 31st day of May of 2011, A.D File: bowl zoning parcel 5.doic WM.F. FOREST JR. REGISTERED PROFESSIONAL LAND SURVEYOR NO 1847 2