HomeMy WebLinkAboutORD 2019-45 -REZ Inner Space CavernsORDINANCE NO. _ �Okq " q"50
An Ordinance of the City Council of the City of Georgetown, Texas,
amending part of the Official Zoning Map to rezone 12.58 acres out of the
Lewis J. Dyches Survey, Abstract No.180, generally located at 4200 S. IH-35,
from Residential Single -Family (RS) District to the General Commercial (C-
3) zoning district; repealing conflicting ordinances and resolutions;
including a severability clause; and establishing an effective date.
Whereas, an application has been made to the City for the purpose of amending the
Official Zoning Map, adopted on the 121h day of June, 2012, for the specific Zoning District
classification of the following described real property ("The Property"):
12.58 acres out of the Lewis J. Dyches Survey, Abstract No. 180, generally located at
4200 S. IH-35, as described in Exhibit B in the Official Public Records of Williamson
County, Texas, hereinafter referred to as "The Property'; and
Whereas, public notice of such hearing was accomplished in accordance with State Law
and the City's Unified Development Code through newspaper publication, signs posted on the
Property, and mailed notice to nearby property owners; and
Whereas, the Planning and Zoning Commission, at a meeting on June 4, 2019, held the
required public hearing and submitted a recommendation of approval to the City Council for
the requested rezoning of the Property; and
Whereas, the City Council, at a meeting on June 25, 2019, held an additional public
hearing prior to taking action on the requested rezoning of the Property.
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, goals, 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 other policies or provisions of the 2030 Comprehensive Plan and the City's Unified
Development Code.
Section 2. The Official Zoning Map, as well as the Zoning District classification(s) for the
Property is hereby amended from the Residential Single -Family District (RS) to the General
Commercial District (C-3), in accordance with the attached Exhibit A (Location Map) and
Exhibit B (Legal Description) and incorporated herein by reference.
Section 3. All ordinances and resolutions, or parts of ordinances and resolutions, in
Ordinance Number: _ 2011t1 Page 1 of 2
Description: Inner Space Caverns
Date Approved: July 9, 2019
Case File Number: 2019-5-REZ
Exhibits A-B Attached
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 in accordance with the provisions of state law
and the City Charter of the City of Georgetown.
APPROVED on First Reading on the 25th day of June, 2019.
APPROVED AND ADOPTED on Second Reading on the 91h day of July, 2019.
THE CITY OF GEORGETOWN: ATTEST:
cI L.A[
Dale Ross Robyn ensmore, TRMC
Mayor City Secretary
APPROVED AS TO FORM:
Cl rlie Mc abb
City Attorney
Ordinance Number: 4�Oi*j'_ 7/ Page 2 of 2
Description: Inner Space Caverns Case File Number: 2019-5-REZ
Date Approved: July 9, 2019 Exhibits A-B Attached
o
Exhibit B
W. W. Laubach Trust, The Georgetown Corp.- 12.58 Ac. MEADOR SURVEYING
A O. Box 96
Georgetown, Texas 78627
(512) 863-5851
Field notes for a tract of 12.58 acres of land out of the Lewis J. Dyches Survey, Abstract Number 180, in
Williamson County, Texas; being out ofand a part ofthat "13.54 acre Parcel C", that "29,93 acre Parcel D". and
that "Parcel E" described in that Memorandum of Lease Agreement between W. W. Laubach; et ux, and Georgetown
Corporation, dated August 27, 1965, and recorded in Volume 482, Page 9 of the Deed Records of Williamson
County, Texas — said Parcels also being described in a gill deed from W. W. Laubach to Paul John Charles Laubach,
et al, dated July 15, 1983, and recorded in Volume 929, Page 139 of the Official Records of Williamson County,
Texas; said tract also being out and a part of that "127.86 acre FIRST TRACT", that "24.38 acre SECOND
TRACT", that "5.55 acre" 'THIRD TRACT -SECOND", and "2.133 acre FIFTH TRACT" described in a deed from
W. W. Laubach to Paul John Charles Laubach, et al, dated January 29, 1974, and recorded in Volume 581, Page 602
of said Deed Records.
Beginning at a 1/2" rebar iron stake found marking the "point of beginning" and an interior angle comer in
the easterly boundary of the above described "13.54 acre Parcel C'; said point also being the record southeast
comer ofthe above referenced "5.55 acre" "THIRD TRACT -SECOND" described in a deed ofrecord in Volume
581. Pggti 602, teed -Records; said point also being the record westerly corner of that "0.59 acre FIRST TRACT"
described in a deed from A. C. Hill, et ux, to the City of Georgetown, dated December 30, 1942, and recorded in
Volume 3 15, Page 243 of sand Dccd Records; said paint also being the record southwesterly corner of that "0.438
acre FOURTH TRACT" described in said deed of record in Volume 581, Page 602, Deed Records" said "0.4.38
acre FOURTH TRACT" being out of and a part of that "Parcel Z" described in said Memorandum of Lease
Agreement recorded in Volume 482, Page 9, Deed Records; for the POINT OF BEGINNING and angle point
hereof.
Thence leaving said Laubach "5.55 acre" "THIRD TRACT -SECOND", and proceeding along a segment of
said "13.54 acre Parcel C" easterly boundary, common with the southerly boundary of said "0.438 acre FOURTH
TRACT"/"Parcel Z" and the southerly boundary of said "0.59 acre FIRST TRACT", N80"53'24"E 91.50 fl. to a
1/2" rebar iron stake with an orange -plastic cap stamped "M. MEADOR RPLS 1966" set in the curving westerly
right-af~way of Interstate Highway No. 35; said point being a record exterior angle comer in said "1.3.54 acre
Parcel C" easterly boundary; said point also being the record southeast corner ofsaid "0A38 acre FOURTH
TRACT"/"Parcel Z"; said point also being the record "point of beginning" and norlhwestcrly comer or that ,9,800
acre TRACT NO 3" described in an agreed judgement styled The State of Texas vs. W. W. Laubach, ct ux, dated
January 27. 1965, and recorded in Volume 474, Page 677 of said Deed Records: said point also being the record
southwesterly comer of that "6.296" acre tract described in a ccmdcuutat!on styled The State of Te%n.S vs. the City of
Georgetown, dated January 29, 1964, and recorded in Volumc 465, Page 625 of said Deed Records: from stud point
stands a cattcrete highway right-of-way monuineril found, at a point ofcurvaturc in said right -of way, lying 7.50 R.
westerly of;tnd opposite highway reference line slat ion 961 173.68 at the point of curvature of 1100' reference line
curve, which monument bears, along. a segment of curve to tine left -- said curve segment having a radius of
54 79.5 8 It-, a ccutral angle or07°42'59", attd.a long chord which bears N I 1"13`07"W 737A I R. - all arc distance of
737.96 ft. distant; for the Northeast corner hereof.
Thence leaving said "0A38 acre FOURTH T'RACC"/'Pncel Z', and proceeding along said easterly
boundary ar96id "13.54 acre Parcel C", common with said tnterstate highway No. 35 westerly right-of-way and the
westerly boundary of said "9.800 acre TRACT NO3",'as follows:
{ I) along a seLmcnt of a eurvc to the right-- said curve segment having a radius of 5479.58 ft., a centmi angle or
00°32'49%and a long chord which bears S07005'09"£ 52.30 R. - an arc distance of 52.30 ft. to tine remains of a
concrete highway right-of-way monuntcill found, lying 250 ft. westerly of and opposite bighwny reference Iine
slat iont 970 00, marking a common angle point in Said ,13.54 acre Pttrcel C" easterly boundary and Interstate
1-1ighway No. 35 westerly right-of-way and "9.800 acre TRACT NO 3" westerly boundary; and
(2) SO6029'18"W 580,06 R. to a 112 . rebar iron stake !round marking the southeast comer of said "1:+.54 acre Parcel
C"; said stake lying in the northwesterly right-of-way of tile "relocated" right-of-way of the Georgetown Railroad,
and marking the northeasterly comer of that "0.707 acre TI I I R D TRACT" described in a deed from W. W. Laubach,
et ux, to Georgetown Railroad Co., dated December 17, 190, and recorded in Volumc 465, Pare 33 orsal d Deed
Records: from said point stands a 1/2" rebar iron stake round marking the con unon southeasterly corner or said
"0.707 acre THIRD TRACT" and northeasterly comer of that "4.68 acre "Parcel H" described in said ivfemortndunt
of Lease Agreement recorded in Volume.482. Page-9. Deed Records. which bears S06'29'I8" W, along the common
castoriy boundary of said "0.707 acre T191RD TRACT"' and westerly right-of-way/boundary of said Inturstatc
iiighwaty No. 35 and "9.800 acreTRACTNO 3", 83.2 ft. distant: also rmrn said point stands the remains ofa
concrete highway right -of --way monurrtcnI found. at a point of curvature in said right-of-way, lying 388.2 R. westerly
of arid opposite highway reference station 980+00, which montuncnt bears S06'29'I.9"W, along the common
easrerl}• beundary.of said "0,707 acre THIRD TRACT" and westerly right -of waylboundary of said Interstate
highway No. 35.and "9A00 acre TRACT NO 3", 373.04 R, distant; said stake lying 30It. nonitwcsterly of and
opposite the center of the rails of said railroad; for the Southeast corner hereof.
Thence leaving said interstate Highway No. 35 and said "9.800 acre TRACT NO 3", and proceeding along
the common southeasterly boundary of said "13.54 acre Parcel C" and northwesterly right-of-way of said
Page l of 3
W. W. Laubacb Trust, The Georgetown Corp.- 12.58 Ac., coot. MEADOR SURVEYING
P. 0. Box 96
Georgetown, Texas 78627
(512) 863-5852
Georgetown Railroad "0.707 acre THiRD TRACT", being the northwesterly right-of-way of said "relocated"
railroad right-of-way, S521N'20"W, running 60 ft. northerly of and parallel to tie monumented easterly segment of
the common southeasterly boundary of said "0.707 acre THIRD TRACT" and northwesterly boundary of said "4.68
acre "Pared B" and approximately 30 R. northerly ofand parallel to said center of the easterly segment ofrails of
said railroad - at 57.64 R. pass 0 fl. northwesterly of and opposite the aforementioned 1/2" rebar iron stake found
marking the common sou i heaster ly corner orsaid "0.707 acre THIRD TRACT" and northeasterly comer or said
"4.68 acre "Parcel H" - at about 291 11. pass about 7 R. southerly of the southeasterly tamer of a segment of wire
fence running northerly of said boundary - at 439.32 ft. pass 60 ill. northerly or and opposite a 1/2" rebar iron slake
found marking an angle point in said common "0.707 acre TIi1RD TRACT" southeasterly boundary and "4.68 acre
"Parcel B" northwesterly boundary -- I ALL 528.18 it. to a 1/2" rebar iron stake set at the record common
*muhweslerly comer of said " 13.54 acre Parcel C" and northwesterly corner or said "0.707 acre THL RD TRACT";
said point being the record northeasterly corner of chat "0:389 acre" trait described in a deed l'rorn hula M. Miller to
the Georgetown Railroad Company, dated NovcInher S. 1963, and recorded in Volume 464; Page 264 of mid Deed
Records; said point also being tile record soodwzL4terly comer ol that "0.419 acre" Wet described in a deed from
Eiula M. Mille:' to the Oeorgelown Railroad Company, dated November S. 1963. anti recorded in VoIuttte 464, Page
266 of said Oced Records; said point lying in the westerly boundary of the ataremcntiolled "24.38 acre SECOND
TRACT" described in Volume 581, Page 602, Deed Records; said stake lying in the southerly projr0tion ofan old
hire rcnce running along the common westerly boundary ofsaid "13.54 acre Parcel C" arid casterly boundary of
said "0.419 acre" tract; for the Southwest corner hereof.
Thence leaving said Georgetown Railroad "0.707 acre THIRD TRACT", and proceeding along said
common "13.54 acre Parcel C" weslerly hotmdary and "0.419 acre" easterly boundary, along said westerly boundary
of said "24.38 acre SECOND TRACT", as evidenced by an old wire fence, N21 °05'30"W -at 5.9 ft. pass a nail
found southerly of an old cedar fence comer post, at the. beg inning of a segment said old wire fence - proceeding
along said nld wire Ii s= -- in all 115.63 ft, to a nail round, northerly afan old cedar fence anglelcomer past, i I I the
easterly righl-of-way o€the old (abandoned) railroad right-of-way; said point beinG an angle/tamer in stud "13.54
acre Parcel C" westerly boundary and common northerly comer of mid "0.419 acre" tract; said point also being the
most soulherly Peirtt/comer in the casterly iroundary or the aforemenioned "Parcel E" described in said
Memorandum of (.case Agreement recorded do Volume 482, Page 9, Deed Records, said "Parcel E" being Ihar same
aforementioned "2.133 acre 1-1T7'1•I TRACT"; said point also being an angle/comer in the easterly boundary of Iltat
" 175.62 acre" tract described in a deed from Jack R. Barnes, et ax, to The Texas Crushed Stone Co.. dated January
17, 1979, and recorded in Volume 744, Page 516 ofsaid Deed Records.
Thence lcavingsaid "13.5-1acre Parcel C" and said "0.419 acre" Tract, and proceeding through said old
(abandoned) railroad tight -of -way, along the common southerly end of said "Parcel E" and said "2.133 acre Fti•TI i
TRACT" and easterly Ixiundary of said Texas Crushed Stone "175.62 acre", along said "24.38 acre SECOND
TRACT" westerly boundary, N21105'30"W - intersecling/crossing the record westerly rigltl-of-way of said old
(abandoned) railroad right-of--wuy, said point of into meet ion being the record most southerly poiill/comer in the
westerly boundary of said "Parcel E" and said '*1133 acre FII.-rH TRACI"' and the musl wulhurl y corner of the
afore meinioned "29.93 acre Parcel 13" described in said Mear=iidunn of Lease Agreemcnt recorded in Vol mile
482, ('age 9, need Records - leaving said old (abandoned) railroad right-of-way and said "Parcel E" and said " 2.133
acre I'I FM l TRACT" and proceeding along the common westerly boundary of said "29.93 acre Parcel D" -- in all
194.62 0, to a rail found in the easterly edge of a 10" Live pas tree at an slight rum in an old wire fence fine.
Thence continuing along the common westerly boundary of said "29.93 acre Parcel D" and casterly
boundary of said Texas Crushed Stone 175.62 75.62 acre", along said "24.38 acre SECOND TRACT" westerly
boundary, as evidenced by said old wire feacc, as follows:
(1) N 14°41'W 16.13 il., a nail found in the caslcrly edge ora 10" Live Oak tree;
(3} N21`03'03"W - passing the record common northwesl corner of said "24.38 acre SECOND TRACT" attd
southw"I comer c;f the aforementioned "5.55 acre" '7111RD TRAC '-SEiCC1ND" - prorecdierg along the westerly
boundary o€said "5.55 acre" "THIRD TRACT -SECOND" - at 388.7 R. pass 0.5 R. westerly ollopposile a I/2" rebar
iron stake found - is all 400.86 ft.. a nail found casterly o f a cedar fence post;
(3) N23.19-W 64A6 It., a nail round it, the southeasterly edge ofa dead 14" tree;
(4) N26144'20"W - crossing a smaII creek bed -- in at 43.77 ll., a nail found in the easterly edge of a 15" Elm tree;
(5) N17-26'W 36.28 ft„ It nail found in the easterly edge ofa 4" L-Inn tree: and
(6) N22°0110"W -- passing the record common northwest comer ofsaid "535 acre" "TE11RD T TACT' -SECOND"
and tut exterior angsWcomer in the saullterly boundary of the nforcmentioned "12186 acre FIRST TRACT"
described in Volume 5a1, Page 602, Deed Records - proceeding along said "127,86 acre FERST TRACT" boundary
- at about 116.63 ft. pass a 20" Live Oak tree -- in all t26.63 A. to a 112" rebar iron stake found, on the
norl heaster ly side of a cedar fence corner post, marking the "point of beginning" and interiorlangle comer in said
"29.93 acre Parcel D" westerly boundary, said poIIII also being the northeasterly corner of said "175.62 acre" tract;
said point also being an interior angle/corner ill the southerly boundary orsaid "127,86 acre FIRST TRACT'": for
the Northwest corner hereof.
Thence leaving said " 175.62 acre" tract, and leaving said "29.93 acre Parcel W westerly boundary,
Page 2 of 3
W. W. Laubach Trust, The Georgetown Corp: 12.58 Ac., cont. MEADOR SURVEYING
P. O. Bov 96
Georgetown, Teras 78627
(512) 863-5852
S8313TI VE -- proceeding through the interior ofsaid 29.93 acre Parcel D" — intersecting/crossing the record
westerly right•of-way of -the aforementioned old (ahandtmed) railroad rigjtt-of way, being the record common
easterly boundary of said 4'29.93 acre Parcel D" and westerly boundary of the aforementioned "Parcel E" and "2.1 i
acre FIFTH TRACT' • leaving said " 29.93 acre Parcel ly" and proceeding through the lntcHor ofsaid old
(abandoned) railroad right -of --way and said "Parcel UP 2.133 acre FlF-111 TRACT" - intersectIng/crossing the
r"ard masterly right -of -sway ofsaid old (abandoned) railroad right-of-way, being the record common casterly
boundary ofsaid and said "Parcel F" and "2.133 acre FIFTH TRACT" and westerly boundary or the afnremenrioned
"13.5d acne Parcel C" - leaving said old (abandoned) railroad right-of-way and said "Parcel E" P'2.133 acre FII.-NI
TRACT" and proceeding through the interior of said "13.54 acre Parcel C" — IN A1,L 797.69 11, to the POINT OF
131-0INNIN6, containing 12.58 acres of land, approximately 8.55 Beres of which is out and part of said "Parcel C',
approximately 3.16 acres or which is out and past of said "Parcel D' and approxinsateiy 017 acre of which is out and
part ofsaid "Parcel 0-
Note: refer to the accompanying plat.
To- The Georgetown Corporation. W. W. Laubach Trust:
STATE OF TEXAS KNOW ALL MEN BY THESE PRESDENTS: That 1, Michael
WILLIAMSON COUNTY Meador Registered Professional Surveyor Number 1966 ofthe State of
Texas, do hercby certify that I surveyed on the ground the Tract of land
dosed bud herein, and Ihis description is Irmo and correct; and There are no known sit nificant discrepancies, cun11icts
or shortages in area or boundary lines. encroachments or overlapping of improvenicnts, or visible or apparent
casements or public roadways. except as may be indicated herein, and said tract has access to and from a public
roadway. r1nA .I�A�
Witness my hand and seal ofoftice as
Goorgelowrt, Williamson CounLy.'fexa-s, this Michael Meador, RPLSP1%6
the 270 day of August, 2004. P.OBox 96, Georgetown, Tr.
(512)$63-5952
Page 3 of 3
W. W. Laubach Trust, The Georgetown Corp.- 12.58 Ae., cont. MEADOR SURVEYING
P. O. Box 96
Georgetown, Texas 78627
(512) 863-5852
S83035'18"E —proceeding through the interior of said 29.93 acre Parcel D" — intErsectinglcrossing the record
westerly right-of-way of the aforementioned old (abandoned) railroad right-of-way, being the record common
easterly boundary of said "29.93 acre Parcel D" and westerly boundary of the aforementioned "Parcel E" and "2.133
acre FIFTH TRACT" - leaving said "29.93 acre Parcel D" and proceeding through the interior of said old
(abandoned) railroad rigbt-of-way and said "Parcel E"P'2.133 acre FIFTH TRACT" - intersecttng/crassing the
record easterly right-of-way of said old (abandoned) railroad right-o%way, being the record common easterly
boundary of said and said "Parcel E" and "2.133 acre FIFTH TRACT" and westerly boundary of the aforementioned
"13.54 acre Parcel C" - leaving said old (abandoned) railroad right-of-way and said "Parcel h"1"2.133 acre FIFTi-1
TRACT" and proceeding through the interior of said "13.54 acre Parcel C" -- IN ALL -192.69 ft. to the POINT OF
BEGINNING, containing 12.58 acres of land, approximately 8.55 acres of which is out and part of said "Parcel C',
approximately 3.16 acres of which is out and part of said "Parcel D' and approximately 0.87 acre of which is out and
part of said "Parcel F.
Note: refer to the accompanying plat.
To- The Georgetown Corporation, W. W. Laubach Trust:
STATE OF TEXAS KNOW ALL MEN BY THESE PRESDENTS: That I, Michael
W ILLIAMSON COUNTY Meador Registered Professional Surveyor Number 1966 of the State of
Texas, do hereby certify that 1 surveyed on the ground the tract of land
described herein, and this description is true and correct; and there are no known significant discrepancies, conflicts
or shortages in area or boundary lines, encroachments or overlapping of improvements, or visible or apparent
easements or public roadways, except as may be indicated herein, and said tract has access to and from a public
roadway. �•�v�
Witness my hand and seal of office at
Williamson County, Texas, this Michael Meador, RPLS #1966
Georgetown,
the 27th day of August, 2004- P.O. Box 96, Georgetown, Tx.N
(512) 863-5852