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Home My WebLink AboutORD 2023-02 - Berry Lane RezoningORDINANCE NO. _ �OZ� -Q2 An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Official Zoning Map to rezone 1.964 Acres out of the W. Stubblefield Survey, for the property generally located at 51 Berry Ln, from the Agriculture (AG) zoning 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 12th day of June, 2012, for the specific Zoning District classification of the following described real property ("The Property"): 1.964 Acres out of the W. Stubblefield Survey, for the property generally located at 51 Berry Ln, as recorded 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 December 20, 2022, 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 January 10, 2023, held an additional public hearing prior to taking action on the requested rezoning of the Property; and Whereas, the City Council, at a meeting on January 24, 2023, 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 for the Property is hereby amended from the Agriculture (AG) zoning district to the General Ordinance Number: UZ,3 —02 Page 1 of 2 Description: Berry Lane C-Store Rezoning Case File Number: 2022-12-REZ Date Approved: January 24, 2023 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 10th day of January 2023 APPROVED AND ADOPTED on Second Reading on the 241h day of January 2023. THE CITY OFIGEORGETOWN. ATTEST: Josh S oeder Robyn D smore, TRMC Mayor City Secretary APPROVED AS TO FORM: Skye Neasson City Attorney Ordinance Number: '4023 '0 Z. Page 2 of 2 Description: Berry Lane C-Store Rezoning Case File Number: 2022-12-REZ Date Approved: January 24, 2023 Exhibits A-B Attached z z [ at }/\ # § \ \ \ A m 2 � q �- �-. � DIN Exhibit B MC SURVEYING, LLC 31 Silver Elm Place, Spring, TX 77381 Phone: (737) 202-8333 TBPELS FIRM REG # 10194678 METES & BOUNDS DESCRIPTION BEING 1.97 ACRES OF LAND, LOCATED IN THE WOODRUFF STUBBLEFIELD SURVEY, ABSTRACT NUMBER 556, WILLIAMSON COUNTY TEXAS, AND BEING THE SAME TRACT OF LAND DESCRIBED TO SILVER GATE TAYLOR INVESTMENTS, LLC, AS THE REMAINDER OF A 2.25 ACRE TRACT, IN DOCUMENT NUMBER 2021191673 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS [O.P.R.W.C.T.]; SAID 1.97 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod with "Red" cap, found for the southwest corner of said 2.25 acre remainder tract, same being the southeast corner of the remainder of a called 4.50 acre tract, described to Ekram and Tammy Mezayek in Document Number 2000015931 [O.P.R.W.C.T.], and same being in the north right of way line of State Highway 29, a variable width right of way as described in Document Number 2004060781 [O.P.R.W.C.T.] Thence, N 20'1731" W, 349.40 feet with the east line of said 4.50 acre remainder tract, to a calculated point for the northwest corner of said 2.25 acre remainder tract, same being at the southwest corner of a called 2.252 acre tract described to Ricki Pierce in Document Number 1998010954 [O.P.R.W.C.T.]; Thence, with the south line of said 2.252 acre tract and the north line of said 2.25 acre remainder tract, the following courses and distances: l . N 70019'38" E, 229.02 feet to a calculated point, 2. N 70018'28" E, 19.64 feet to a calculated point, for the northeast corner of said 2.25 acre remainder tract, same being the southeast corner of said 2.252 acre tract, and same being in the paved roadway near the western margin of Berry Lane, a 50 foot wide private roadway access easement described in Volume 874, Page 622 of the Deed Records of Williamson County, Texas, Thence, S 19°42'21" E, 344.34 feet with east line of said 2.25 acre remainder tract, over and across said 50 foot wide roadway easement, to a mag nail spike in asphalt pavement, found for the southeast corner of said 2.25 acre remainder tract, same being in the north right of way of said State Highway 29, Thence, S 69°09'00' W, with the north right of way of said State Highway 29, same being the south line of said 2.25 acre remainder tract, passing at a distance of 19.70 feet, a 1/2 inch iron rod, found for reference, and continuing in total 245.13 feet back to the POINT OF BEGINNING of the herein tract of land, containing 1.97 acres, more or less. Basis of bearing is the Texas Coordinate System, Central Zone [4203], NAD83. All distances (U.S. Survey Feet) are grid and may be converted to ground by multiplying by an inversed combined scale factor of 1.00013. This document was prepared under 22 tac §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Garrett CavaiRPLS # 6714 Garrettf-MC evTX.com TBPELS# 10194678 PRJ# 0005-WM665A :07A �6►s Te :¢ GARRETT CAVAIUOLO ...6714... v:.. Page 1 of 2 CALLED 2.252 ACRES RICKI PIERCE DOC. # 1998010954 O.P.R.W.C.T. N REMAINDER p• CALLED 4.50 ACRES EKRAM S & TAMMY G MEZAYEK DOC. # 2000015931 0. P. R.W.C.T. REZONING BOUNDARY EXHIBIT WILLIAMSON COUNTY, e-. 07/1512022 ' GF No. NIA No. 05—WM556A Scale: 1'=60' Tress: 51 BERRY LN GEORGETOWN LEGAL DESCRIPTION: BEING 1.97 ACRES OF LAND, LOCATED IN THE WOODRUFF N 70*18'28" E STUBBLEFIELD SURVEY, ABSTRACT NUMBER 556, WILLIAMSON 19.64' COUNTY TEXAS, AND BEING THE SAME TRACT OF LAND DESCRIBED TO SILVER GATE TAYLOR INVESTMENTS, LLC, AS THE REMAINDER OF A 2.25 ACRE TRACT, IN DOCUMENT NUMBER 2021191673 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.1; SAID 1.97 ACRES BEING MORE PARTICULARLY DESCRIBED BY THE Z29'p� ACCOMPANYING METES AND BOUNDS DESCRIPTION. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A 50' ACCESS EASEMENT TITLE COMMITMENT. EASEMENTS OR OTHER MATTERS OF VOL. 874, PG. 622 RECORD MAY EXIST WHERE NONE ARE SHOWN. D.R.W.C.T. CONTROL NOTE: BASIS OF BEARING IS THE TEXAS COORDINATE [ SYSTEM, CENTRAL ZONE (4203), NORTH AMERICAN DATUM 1983 (NAD83), NAVD88, GEIODI8. ALL COORDINATE VALUES AND DISTANCES SHOWN ARE GRID VALUES AND MAY BE VERTED TO GROUND BY USING A COMBINED SCAIE FACTOR OF UNITS: US SURVEY FEET. 1.97 ACRES REMAINDER OF A CALLED 2.25 ACRES SILVER GATE TAYLOR INVESTMENTS, LLC DOC. # 2021191673 O. P. R. W. C.T. G �r Ti P 19.70' _ 1/2" IRON MAC ROD SPIKE N s 60g G��A� of 40 0 60 120 0 Q. - lvp�G��dAd PO O SUBJECT LOT BOUNDARY LEGEND IRON ROD "RED" APPROXIMATE AD101NER BOUNDARY — — — — CAP ILLEGIBLE EXISTING EASEMENT 1/2" IRON ROD FOUND (UNLESS NOTED) CALCULATED POINT POINT OF BEGINNING POB RIGHT OF WAY ROW DEED RECORDS WILLIAMSON COUNTY TEXAS DRWCT OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY TEXAS OPRWCT TEXAS Size: 8.5x11 Drawn By. GC__ 2B Rev: — MC SURVEYING, LLC 79 S Wynnoak Cir., Spring, TX 77382 Mobile : 737-202-8333 Email: Garrettnmcsurveytxcom ww .MCSurveyTX com TBPELS FIRM # 10194678 THIS DOCUMENT WAS PREPARED UNDER 22 TAC §663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. FS TCAVAIUOLO 7/15/2022 RED PROFESSIONAL LAND SURVEYOR EGISTRATION NO. 6714 TBPELS FIRM REG. NO. 10194678 PAGE 2 OF 2