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HomeMy WebLinkAboutORD 2007-27 - ABG DevelopmentORDINANCE NO. 0 007�n An Ordinance of the City Council of the City of Georgetown, Texas, Amending Section 5 of Ordinance No. 2006-108 relating to the amendment of the Intensity Map of the Century Plan -Development Plan, passed and adopted on the 13th Day of March 1990, to change from Intensity Level 1 to Intensity Level 3, Intensity Level 4 and Intensity Level 5, or any more restrictive classification, and to amend the Future Land Use Plan, passed and adopted on the 28th day of May 2002, from Residential to Residential, Mixed Use and Office/Retail/Commercial, and to amend the Overall Transportation Plan, passed and adopted on the 22nd day of June 2004, to realign the northern terminus of the future SW2 on State Highway 29, for 1707.749 acres, more or less, out of the Samuel Campbell Survey, Abstract No. 157, the J.I. Johns Survey, Abstract No. 365, the John T. Church Survey, Abstract No. 140, the Key West Irrigation Co. Survey, Abstract No. 711, I. & G.N. R.R. CO. Survey, Abstract No. 744, the W.E. Pate Survey, Abstract No. 836, the Daniel Medlock Survey, Abstract No. 839, the Robert Milby Survey, Abstract No. 459, the John Berry Survey, Abstract No. 98, the A.H. Porter Survey, Abstract No. 490, the Isaac Donagan Survey, Abstract No.178, and the Joseph Thompson Survey, Abstract No. 608, consisting of the eastern part of Escalera Ranch, the Barton Tract, eastern portion of the Faubion Tract, and Watson Tract, located north of FM 2243 and south of SH -29, repealing conflicting ordinances and resolutions including a severability clause and establishing an effective date. WHEREAS, on November 14, 2006, the City Council approved Ordinance No. 2006-108, which amended the Century Plan to change the intensity levels for 1707.749 acres, more or less, out of the Samuel Campbell Survey, Abstract No. 157, the J.D. Johns Survey, Abstract No. 365, the John T. Church Survey, Abstract No. 140, the Key West Irrigation Co. Survey, Abstract No. 711, I. & G.N. R.R. CO. Survey, Abstract No. 744, the W.E. Pate Survey, Abstract No. 836, the Daniel Medlock Survey, Abstract No. 839, the Robert Milby Survey, Abstract No. 459, the John Berry Survey, Abstract No. 98, the A.H. Porter Survey, Abstract No. 490, the Isaac Donagan Survey, Abstract No. 178, and the Joseph Thompson Survey, Abstract No. 608, from Intensity Level 1 to 1,570 acres of Intensity Level 3, 113 acres of Intensity Level 4, and 25 acres of Intensity Level 5, or any more restrictive classification, located north of FM 2243, south of SH -29, and east of Escalera Ranch for the proposed ABG/San Gabriel Development (the "Property"); and WHEREAS, on Ordinance No. 2006-108 also amended the Century Plan to change the Future Land Use Plan Map for the Property; and WHEREAS, Ordinance No. 2006-108 also amended the Century Plan to shift the northern terminus of the future SW2, a major arterial identified in the Overall Transportation Plan (OTP) connecting to Round Rock's Wyoming Springs Road, at State Highway 29, approximately 3,500 feet to the east, for the proposed San Gabriel Development. WHEREAS, it is necessary to clarify that the provisions of Ordinance No 2006-108 are expressly made conditional on and subject to the terms of the Development Agreement ("Development Agreement") and the Offsite Utility Construction and Reimbursement Agreement Amendment to Ordinance No. 2006-108 Relating to Centum/ Plan Amendment - ABG Development Ordinance No. cQ007� 27 Page 2 of 3 ("Offsite Agreement") by and between the City and ABG Development, Ltd. (which were subsequently assigned to Laredo WO, Ltd.), approved by the City Council on November 14, 2006 (as those agreements may be amended from time to time), including, without limitation, the restriction on the number of Service Unit Equivalents (SUEs) allowed to be placed on 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 following Policy Ends of the Century Plan - Policy Plan Element and Goals of the Future Land Use Plan: 1. Policy Statement: Georgetown's natural and physical resources are managed so that citizens enjoy the benefits of economic and social development. 2. Future Land Use and Thoroughfare Plan: Goal 1: Encourage the most desirable and efficient use of land while enhancing the physical environment through functional and compatible land use configurations. Objective 1.2: Plan for future development that is compatible with the City's natural features, environmentally sensitive areas, and existing land uses. Objective 1.3: Ensure that new developments will be compatible with existing land uses in terms of use, density, building heights, scale, and offsite effects. Objective 1.6: Ensure that the local infrastructure systems can accommodate future growth; ensure that such systems are expanded as needed, and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Ends, as required by Section 2.03 of the Administrative Chapter of the Policy Plan, Section 2. Section 5 of Ordinance No. 2006-108 is hereby repealed and replaced with the following text: Section 5. Approvals of the Century Plan Amendments as stated in Section 2, Section 3, Section 4, and Exhibit A of this ordinance [Ordinance No. 2006-108] are hereby expressly made subject to and conditioned on the terms and conditions of the Development Agreement and the Offsite Agreement, and any amendments thereto, including, without limitation, the limits and restrictions on the number of Service Unit Equivalents (SUEs) allowed on the Property. 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, including, without limitation, Section 5 of Ordinance No. 2006-108. Amendment to Ordinance No. 2006-108 Relating to Centunj Plan Amendment — ABC Development Ordinance No, Page 2 of 3 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 the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the 27th day of March, 2007, PASSED AND APPROVED on Second Reading on the 24th day of April, 2007. ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Patricia E. Carls City Attorney THE CITY OF GEORGETOWN: Mayor Amendment to Ordinance No. 2006-108 Relating to Centun/ Plan Amendment — ABC Development Ordinance No. 9007� Z7 Page 3 of 3