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Home My WebLink AboutORD 2008-70 - REZ Shell Road TractORDINANCE NO. a2009"'70 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 change 2.131 acres (Tract 1) from OF, office to Cwt, Local Commercial and for 7.558 acres from OF, office to MF, Multifamily (Tract 2) out of 33.76 acres in the J. Fish and D. Wright Surveys, as recorded in Volume 1678, Page 9 of the Official Records of Williamson County, Texas; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an eff ective 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"): 2.131 acres (Tract 1) and 7.558 acres (Tract 2) out of a 33.76 -acre tract in the J. Fish and D. Wright Surveys, as recorded in Volume 1678, Page 9 of the Official Records of Williamson County, Texas, hereinafter referred to as "The Property"; 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 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 signs) 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 3, 2008 recommended approval of the requested Zoning change for the above described property for 2.131 acres (Tract 1) from OF, Office to C-1, Local Commercial and for 7.558 acres from OF, Office to MF, Multifamily (Tract 2) out of 33.76 acres in the J. Fish and D. Wright Surveys, subject to the multifamily portion being limited to age -restricted development. Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas, that: "Olw*70 Fish and Wright Surveys 33.76 acres Page 1 of 3 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 CitT Council hereby finds that this ordinance implements the following visions/Goals/Policies and Comprehensive Plan, Land Use Element Plan: Actions of the Georgetown 2030 Policies and Actions: I.A. Encourage a balanced mix of residential, commercial and employment uses at varying densities. and intensities, to reflect a gradual transition from urban to suburban to rural development. Policies and Actions: 1E.3. Promote mixed-use, pedestrian4riendly land use patterns, including community activity centers, neighborhood activity centers, conservation subdivisions, and walkable neighborhoods. Policies and Actions: 3A.1 Establisha' tiered growth framework as follows: Tier 1 - Short Term, Tier 2 — Intermediate, Tier 3 Long Term; to promote contiguous, compact and incremental expansion of the city's edge. and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other policies of the Georgetown 2030 Comprehensive Plan Section 2. The zoning Map of the City, as well as the Zoning District for the following described Property, is hereby changed as follows: Tract 1— being 2.131 acres out of 33.76 acres in the J. Fish and D. Wright Surveys, and further "Tract 1" on Exhibit A, is hereby changed from OF, Office to C4, described by metes and bounds as Local Commercial. 558 acres out of 33.76 acres in the J. Fish and D. Wright Surveys, and further Tract 2 —being 7. described by metes and bounds as "Tract 2" on Exhibit A, is hereby changed from OF, Office to MF, Multifamily. Tract 2 shall further be subject to the special condition that the tract shall be limited to age -restricted development. Exhibit A is attached hereto and incorporated herein by reference for all purposes, and the above described zoning map change is hereby adopted by the City Council of the City of Georgetown, Texas. Section 3. The definition of age -restricted development is herein established as a multiple - family structure where each unit is occupied by at least one person who is 55 years of age or older. Section 4. 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. ;PCfiC)n 5 If an T rovision of this Ordinance ora lication th f t . circumstance, p pp ereo o any person or shall be held invalid, such invalidity shall not affect the other provisions, or ORDe 0`01w 70 ow Fish and Wright Surveys 33.76 acres Page 2 of 3 } 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 CitT Council hereby finds that this ordinance implements the following visions/Goals/Policies and Comprehensive Plan, Land Use Element Plan: Actions of the Georgetown 2030 Policies and Actions: I.A. Encourage a balanced mix of residential, commercial and employment uses at varying densities. and intensities, to reflect a gradual transition from urban to suburban to rural development. Policies and Actions: 1E.3. Promote mixed-use, pedestrian4riendly land use patterns, including community activity centers, neighborhood activity centers, conservation subdivisions, and walkable neighborhoods. Policies and Actions: 3A.1 Establisha' tiered growth framework as follows: Tier 1 - Short Term, Tier 2 — Intermediate, Tier 3 Long Term; to promote contiguous, compact and incremental expansion of the city's edge. and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other policies of the Georgetown 2030 Comprehensive Plan Section 2. The zoning Map of the City, as well as the Zoning District for the following described Property, is hereby changed as follows: Tract 1— being 2.131 acres out of 33.76 acres in the J. Fish and D. Wright Surveys, and further "Tract 1" on Exhibit A, is hereby changed from OF, Office to C4, described by metes and bounds as Local Commercial. 558 acres out of 33.76 acres in the J. Fish and D. Wright Surveys, and further Tract 2 —being 7. described by metes and bounds as "Tract 2" on Exhibit A, is hereby changed from OF, Office to MF, Multifamily. Tract 2 shall further be subject to the special condition that the tract shall be limited to age -restricted development. Exhibit A is attached hereto and incorporated herein by reference for all purposes, and the above described zoning map change is hereby adopted by the City Council of the City of Georgetown, Texas. Section 3. The definition of age -restricted development is herein established as a multiple - family structure where each unit is occupied by at least one person who is 55 years of age or older. Section 4. 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. ;PCfiC)n 5 If an T rovision of this Ordinance ora lication th f t . circumstance, p pp ereo o any person or shall be held invalid, such invalidity shall not affect the other provisions, or ORDe 0`01w 70 ow Fish and Wright Surveys 33.76 acres Page 2 of 3 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 6. The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance sham 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 24th day of June 2008. PASSED AND APPROVED on Second Reading on the 25tH da Sandra U. Lee City Secretary APPROVED AS TO FORM: Patricia E. Carls City .Attorney a Ob 7D DRDo cloog Fish and Wright Surveys 33.76 acres Page 3 of 3 By• 7e Mayor OF orge Garver of November, 2008. RGETOWN: EXHIBIT Tract 1, to be. zoned eginnin� Tor ► efe� encs at a point in the soot; ie, n rignL OT ��2 of Shell Road, being disci trig r, r1 + ► j r~ rt rti r e -N h r`. r f 1 too { E 1. r /� r+ res p.' . (` t p 1 !1 C i"i t- 1 C }"• i r-� !t\ (^� .. r r r..-. P Sr L { 7 �.+' y7 r `✓ ( I 9l L� �- t t . a �.: r V s . l.•�'k a f L r: I t : Lr w V" V' i i i i L' : t the TC) fiowing three courses: a distance of 82.48`: thence e a a►stance Of 2%CW) ;thence, crossing the said 33.763 acre p ire L. 3. N 07°46'34'' E, a distance of 128.58', to the POINT OF BEGINNING, Thence; crossing the said 33.763 acre parcel, the following four courses: N 82 ° 13'26" \A/) a distance of 2.43.96"to an angle poin 2. N 25`18'14" W, a dist 3. S 57`'27`54" W, a dist ante of 689.64' to an angle poin t; thence t; thence ante of 295.79' to an angle point; thence.. 4. S 07°46'34" W, a distance of 640.41`, t an area of 2.135 acres, more or less, Tract 2, to be zoned MF Beginning for reference at a po northwestern corner of 33.763 the following two courses: t_. o the POINT OF BEGINNING, and enclosing int in the southern right of way of Shell Road, being also the acres, a part of the Joseph Fish Survey, Abstract No. 232, S 37 °05'53" E, a distance of 82.48'; thence 2. N 67014'14" , a distance of 295.79'to the POINT OF BE EGINNING. Thence, crossing the said 33.7 63 acre parcel, The following sig; courses: 1. N 07c4634" t, a distance of 766.99' to an angle point; thence 2. S 57027'54'� E, a distance of 208.62' to an angle point; thence 3. N. 25°01'08" E, a distance of 264.15' to an angle point; thence 4. S 39 039'30" a distance of 158.18' to an angle point; thence 5. S 1 tD 09'21 " E, a distance of 235.97' to an angle paint; thence OIQD. aOoS-70 Exh]b�t A Page l of 3 CD, � ? ?`%Dai +_ C'stan e o .83m)c 2 to cNNr i analrol Doim beinc also c DO'lm in tne. southern tDeunaary 0 saia3. 73 amore Darce! . e ,..k, ; Ll l' Ems! t � Ll �[ 14.4C�dl � ! 1 F I'1rgt f.:.. ^` ,E �'1, ti 1 `W t F 4.d a f �.= �.�/` � c ! L.! i.,.� V �P) !�' Cwt Vd. I 1e� `...r c �•� \\„! ! f a.s. ( r. �; i' e�.i. aistanue a ? 'to tt�e P 1 v � 1" f l , ana encesin an area acre , more or less. oar. a.oas-7o P t Z-Ofl, e f CD, � ? ?`%Dai +_ C'stan e o .83m)c 2 to cNNr i analrol Doim beinc also c DO'lm in tne. southern tDeunaary 0 saia3. 73 amore Darce! . e ,..k, ; Ll l' Ems! t � Ll �[ 14.4C�dl � ! 1 F I'1rgt f.:.. ^` ,E �'1, ti 1 `W t F 4.d a f �.= �.�/` � c ! L.! i.,.� V �P) !�' Cwt Vd. I 1e� `...r c �•� \\„! ! f a.s. ( r. �; i' e�.i. aistanue a ? 'to tt�e P 1 v � 1" f l , ana encesin an area acre , more or less. oar. a.oas-7o P t Z-Ofl, K:\DATA\l401-145011418101\DWGNTopo_base.dwg, 04128/0817:04:26 � PAj s , �►