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Home My WebLink AboutORD 2014-75 - REZ Berry SurveyORDINANCE NO. 0V— An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Official Zoning Map to rezone 19.033 acres in the John Berry Survey, from the Industrial (IN) District and the Agriculture (AG) District to the General Commercial (C-3) District, located along Berry Creek Drive near the intersection of SH 195 andrepealing 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"): 19.033 acres in the John Berry Survey, being a portion of a 51.99 acre tract recorded in Document Number 2006105681 of the Official Public Records of Williamson County, Texas, a portion of a 58.06 acre tract recorded in Volume 1969, Page 104, of the Official Public Records of Williamson County, Texas, and a portion of a 0.743 acre tract recorded in Document Number 2007088489 of the Official Public Records of Williamson County, Texas, hereinafter referred to as "The Property"; and Whereas, the City Council has submitted the proposed amendment to the Official Zoning Map to the Planning and Zoning Commission for its consideration at a public hearing and for its recommendation or report; 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 September 2, 2014, 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 September 9, 2014, held an additional public hearing prior to taking action on the requested rezoning of the Property. M 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 Ordinance Number: aQ1q,--15 Description: Berry Survey, 19.033 ac. Page 1 of 2 Date Approved: October 14, 2014 Exhibits A & B Attached Case File Number: REZ-2014-002 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 Industrial (IN) District and the Agriculture (AG) District to the General Commercial (C-3) District, in accordance with the attached Exhibit A (Location Map) and Exhibit B (Field Notes) incorporated herein by reference. 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 in accordance with the provisions of state law and the City Charter of the City of Georgetown. APPROVED on First Reading on the 91h day of September, 2014. Jestic� Brettle Ci Secretary APPROVED AS TO FORM: n Bridget Chapan City Attorney Ordinance Numben 0 Description: Berry Survey, 19.033 ac. Date Approved: October 14, 2014 Case File Number- REZ-2014-002 Dale Ross Mayor Page 2 of 2 Exhibits A & B Attached 4"i :7Ii_1 € e A€ z r t E a��y j ,�..,,,•r D i ,,,rj { R ,} b!d € iiiE E E EeE •. 4t + = �iR f f n7 i .� d. k y 4 { i jj � �fR ss tt «v E G €E :tCf eE4 ` r Ei}y;. S g. R 12f"{r, F � `"^-� t+•sa awc N33tl0 �."'.,.,-,�,,..� __...�...e-------•'-`�"'®..r j { .,, cw6`�1sSS $ (�" -.- �,�..,.-^..-._..� r a .ww+ ,! i� � � q • S " It r } tI �6Q i L J x: nip } i kS { ••_ !"� jr4 t,�,"t'�t ` i [ ' ` o✓ hF it i, ;•.. ooo.*"` � t*� 11 {r• 1q_ t�. i�: �{5, �....^. �n%,r 3�yY/ w lit' - tt � � �7/f� a,r i ""^•. �.`Lg _,,.." fs+�,µw.r .w'' ¢i fL �4 � .�S 1 `"� ^'y✓/�'F ' ! �,-^- t R&e" ,,.� �--y"'a � ,2 CRs '" ry� P ': �"•d �"Q «��.) $ Vj f° ��. 1 �``�,^"''• -�.�' j,,"� ~ {; ,✓ � 8 � ) A t�ea``I g� €} z: i `l,^^•.., --a.. jRr`°� � tit., e`a' .-,�•_---"` rw"!" ,,,-,''�.r ,. ~ B^ 4 ^.a f }1 ,.®.®aw+ r' bifa a ape S i 4E - FSS#_T �� j¢� t:i3 - °'""!` � w --T f at •-°'":- l ` aS� ¢ sd � FA a gMIli tA^4 b �. i F Q'A' INTERSTATE HIGHWAY 35 Eg [# N C,fip$S- �}4}'S dam o krM•ruK p�o.r+ WOOD ROAD TRACTSURVEY EXHIBITBURY ..0 s . .5 GC 5 E Y 3 G P Ar a 11a1 it •. t] E1Y.2 LIQ .n wrvc we+.a GEORGETOWN NORTH Rl:..-Ero wf •:sr1 y a c c c .C'£.,SC +v1Ar1,.l I-J, c Ir .-.vic.arl y iE :, � .n 1— -17111— va'EkeNa a'Y-*ai 19.033 ACRES WOOD ROAD PROPERTIES INC. GEORGETOWN NORTH • r a • 17, 2014 BURY NOi 100010-10025 OF 19.033 ACRES OF LAND OUT OF THE JOHN BERRY SURVEY, ABSTRACT OSITUATED GEORGETOWN, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 51.99 ACRES OF LAND CONVEYED TO WOOD ■Oxl PROPERTIES INC. BY DEED OF RECORD IN DOCUMENT NO. 2006105681, A PORTION OF THE REMAINDER OF THAT CERTAIN 58.06 ACRE TRACT OF LAND CONVEYED TO WOOD ROAD PROPERTIES DEED OF i'i IN VOLUME••• PAGE 104, AND ALSO BEING ' PORTION OF THAT CERTAIN 0.743 ACRE TRACT OF LAND CONVEYED TO WOOD ROAD PROPERTIES INC. BY DEED O.... RECORD IN DOCUMENT NO. 207088489 ALL OF THE OFFICIAL PU13LIC RECORDS OF WILLIAMSON COUNTY, TEXAS-;�- SAID 19.033 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED 13Y METES AND BOUNDS AS • • BEGINNING, at a 60d nail found in a wood fence post in the curving southerly right-of-way line of Berry Creek Drive (also known as County Road 190) (R.O.W. varies) ', being the northwesterly corner of the remaining portion of - - of land conveyed to Yaab Investments, L.P. by Deed of Record in Document No. 199631789 of the Official Records of Williamson Countyj Texas, for the northeasterly corner of said 51.99 acre tract and hereof, from which a 1/2 inch iron «« found for reference at the point of bearscurvature of said curving southerly right-of-way line bears, along a curve to the left having a radius of 1030.00 feet, a central angle of 7025,22", an arc length of 138.44 feet and a chord which • / ! •distance of 133.35 feet; THENCE, S3500010011E, leaving the southerly right-of-way line of Berry Creek Drive, along the westerly line of said 11.50 acre remainder tract, being a portion of the easterly line of said 51.99 acre tract, for a portion of the easterly line hereof, a distance 1126.01 feet to a 1/2 inch iron rod with LCRA cap found at the southwesterly corner of said 11.50 acre remainder tract, for an angle point hereof; S80 -1010211E, o portion of the common of said - t acre remainder distancecommon line of said 11.50 acre remainder tract and said remainder of 58.06 acre tract, for a portion of the easterly line hereof, a of 229.96 feet to a 1/2 inch iron rodDs HighwayAluminum cap found in the curving westerly right-of-way line of Interstate ('.O. - for - southeasterly « s 11.50 acre remainder - northeasterly cornerof said remainder of • •. acre tract and the mosteasterly • hereof; FN NO. 14 - 3 6 2 (MJR) SEPTEMBER 17, 2014 PAGE 2 OF 3 THENCE, leaving the southerly line of said 11.50 acre remainder tract, along the westerly right-of-way line of Interstate Highway 35 for a portion of the easterly line hereof, along a non -tangent curve to the right, having a radius of 1928.24 feet, a central angle of 1104215411, an arc length of 394.26 feet, and a chord which bears, S0201312111W, a distance of 393.57 feet, to a 1/2 inch iron rod with BURY cap set at the end of said curve for the southeasterly corner hereof, being in the easterly line of said 0.743 acre tract; THENCE, leaving the westerly right-of-way line of Interstate 35, over and across a portion of said 0.743 acre tract, a portion of said remainder of 58.06 acre tract, and a portion of said 51.99 acre tract, for the southerly line hereof, the following five (5) courses and distances: 1) N82015138"W, a distance of 194.31 feet to a 1/2 inch iron rod with BURY cap set at the point of curvature of a tangent curve to the right; 2) Along said tangent curve to the right, having a radius of 180.50 feet, a central angle of 5504915811, an arc length of 175.89 feet, and a chord which bears, N54020139"W, a distance of 169.01 feet to a 1/2 inch iron rod with BURY cap set at the point of tangency of said curve; 3) N26025140"W, a distance of 499.04 feet to a 1/2 inch iron rod with BURY cap set for an angle point; 4) S69034152"W, a distance of 557.77 feet to a 1/2 inch iron rod with BURY cap set for an angle point; 5) S81028130"W, a distance of 201.97 feet to a point at or near the centerline meanders of Berry Creek, being the easterly line of that 370.983 acres of land conveyed to Three Forks Partnership, Ltd. by Deed of Record in Document No. 2005003916 of said Official Public records, same being the westerly line of said 51.99 acre tract, for the southwesterly corner hereof; THENCE, along the calculated westerly line of said 51.99 acre tract, being the easterly line of said Three Forks tract, with the approximate center line meanders of Berry Creek, for the easterly line hereof, the following three (3) courses and distances: 1) N09046119"E, a distance of 68.64 feet to an angle point; 2) N04002141"W, a distance of 612.47 feet to an angle point; 3) N31020122"W, a distance of 193.12 feet to a point in the apparent southerly line of the remaining portion of that certain tract of land conveyed to Joe L Lykes by Deed of Record in Document No. 199932320 of said Official Public Records, for the northwesterly corner of said 51.99 acre tract and hereof; FN NO. 14-362(MJR) SEPTEMBER 17, 2014 PAGE 3 OF 3 THENCE, along a portion of the irregular northerly line of said 51.99 acre tract, being the apparent southeasterly line of said Lykes Tract, for a portion of the irregular northerly line hereof, the following two (2) courses and distances. 1) N4701513811E, a distance of 78.46 feet to a 1/2 Inch iron rod: found for an angle point; 2) N22045138"E, a distance of 52.78 feet to a 1/2 inch iron rod found in the apparent southerly right-of-way line of Berry Creek Drive, for an angle point in the northerly line hereof; THENCE, leaving the apparent easterly line of said Lykes Tract, along a portion of the irregular northerly lines of said 51.99 acre tract, being the apparent southerly right-of-way line of Berry Creek Drive, for a portion of the irregular northerly line hereof, the following four (4) courses and distances: 1) S41°47' 22"E, a distance of 93.6G feet to a 1/2 inch iron rod with BURY cap set; 2) N69002138"E a distance of 186.72 feet to a 1/2 inch iron rod with BURY cap set; 3) N70018138"E, a distance of 143.36 feet to a 1/2 inch iron rod with BURY cap set at the point of curvature of a non -tangent curve to the left; Along r non -tangent curv- to the left,• a radiusof 1030.00 __ central • - of 503710311,an arc lengthof 100.98 feet and a chord which bears N80012108"E, a distance of 100.94 feet to the POINT OF s • an area of 19.033 acres (829,090 square feet) of land, more or less, within these metes •' bounds. . : • 1f i . . ■ . 00.9am 1111 11 i s . •■ NUM"4010 ) • • JOHN T. BILNOSKI,i REGISTERED PROFESSIONAL LAND SURVEY!f GROUNDHEREBY STATE THAT THIS DESCRIPTION 18 BASED UPON A SURVEY MADE ON THE . AND SUPERVISION. •US, INC. Jomr-:��BILNOSKm 221 WEST SIXTH STREET NO. 499 SUITE .1i OF TEXAS AUSTINI TEXAS 1 TBPLS