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HomeMy WebLinkAboutORD 2006-40 - Cowan Springs DevORDINANCE NO. AMC- 0 An Ordinance of the City Council of the City of Georgetown, Texas, amending Exhibit 1 - Intensity Map of the Century Plan - Development Plan passed and adopted on the 131h Day or March 1990, to change 1,222.6 acres in the Fredrick Foy and Lewis P. Dyches Surveys, from Intensity Level and Intensity Level 2 to 757.5 acres at Intensity Level 3, 60.0 acres at Intensity Level 4, and 213.4 acres at Intensity Level 5, or any more restrictive classification, for the Cowan Springs Development; and to modify the Future Land Use Plan for 213.4 acres from Residential to Office/Retail/Commercial use, 60.0 acres from Residential to Mixed Use,155.5 acres from Residential to Parks/Open Space, and 15.0 acres of Williams Drive Mixed Use and 19.4 acres of Industrial to Residential, repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, the City Charter of the City of Georgetown was amended by vote of the people in April 1986 such that comprehensive planning was established as a continuous and ongoing governmental function; and Whereas, the City Council did, on March 8, 1988, adopt by Ordinance Number 880097 the Georgetown Century Plan - Policy Plan as the Comprehensive Plan for the City pursuant to Section 1.08 of the City Charter; and Whereas, the City Council did, on March 13,1990, adopt by Ordinance Number 900149 the Georgetown Century Plan - Development Plan as the Land Intensity, Transportation, and Utilities functional plan elements pursuant to Section 1.08 of the City Charter; and Whereas, the Century Plan- Development Plan contains the Intensity Map designed to assign development intensities throughout the Georgetown Planning Area; and Whereas, the City Council did, on May 28, 2002, adopt by Ordinance Number 2002-32 adopt new elements of the Century Plan: The Future Land Use Plan pursuant to Section 1.08 of the City Charter; and Whereas, the Century Plan- the Future Land Use Plan contains the Future Land Use Map designed to assign future land uses throughout the Georgetown planning area; and Whereas, an application from Waterstone Development has been made to change the intensity assignment for 1,222.6 acres, more or less, out of the Fredrick Foy and Lewis P. Dyches Surveys (the "Property"), from Intensity Level 1 And Intensity Level 2, to 757.5 acres at Intensity Level 3, 60.0 acres at Intensity Level 4, and 213.4 acres at Intensity Level 5, located north and west of Sun City Texas for Cowan Springs Development; and Century Plan Amendment —Cowen Springs Development Ordinance No.A004—T0 Page 1 of 4 Whereas, an application from Waterston Development has been made to change the change the Future Land Use Plan Map for 213.4 acres from Residential to Office/Retail/Commercial use, 60.0 acres from Residential to Mixed Use, 155.5 acres from Residential to Parks/Open Space, and 15.0 acres of Williams Drive Mixed Use and 19.4 acres of Industrial to Residential, located north and west of Sun City Texas for Cowan Springs Development; and Whereas, the Planning and Zoning Commission did, on April 4, 2006, conduct a public hearing regarding the proposed amendment to EXHIBIT 1 of the Century Plan - Development Plan and to the Century Plan — Future Land Use Plan; 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 Plan amendment placed on the 1,222.6 acres, more or less, out of the Fredrick Foy and Lewis P. Dyches Surveys, such Sign(s) 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 Planning and Zoning Commission did, on April 4, 2006, recommend that the City Council approve the proposed amendment to EXHIBIT 1 of the Century Plan - Development Plan and the Century Plan — Future Land Use Plan Map; and Whereas, Chapter 212.172 of the Texas Local Government Code grants the governing body of a municipality the authority to enter into a written contract with an owner of land in the extraterritorial jurisdiction of the municipality concerning land use, infrastructure, extent of planning authority and other lawful terms and considerations the parties consider appropriate, and the provisions of this Ordinance are expressly made conditional on the entry into such an Agreement between the Applicant and the City as set forth herein relating to 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: Century Plan Amendment —Cowen Springs Development Ordinance No.®®� e Page 2 of 4 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. EXHIBIT 1 - Intensity Map, contained within the Century Plan - Development Plan, is hereby amended by the City Council of the City of Georgetown, Texas, to change the Intensity Level 1 And Intensity Level 2 designation to 757.5 acres at Intensity Level 3, 60.0 acres at Intensity Level 4, and 213.4 acres at Intensity Level 5, out of the Fredrick Foy and Lewis P. Dyches Surveys, located north and west of Sun City Texas for Cowan Springs Development, as illustrated in Exhibit A of this ordinance. Section 3. The Future Land Use Map, contained in the Century Plan — Future Land Use Plan, is hereby amended by the City Council of the City of Georgetown Texas, to change the Future Land Use Plan Map for 213.4 acres from Residential to Office/Retail/Commercial use, 60.0 acres from Residential to Mixed Use,155.5 acres from Residential to Parks/Open Space, and 15.0 acres of Williams Drive Mixed Use and 19.4 acres of Industrial to Residential, located north and west of Sun City Texas for Cowan Springs Development, as illustrated in Exhibit A of this ordinance. Section 4. The Future Land Use Map, contained in the Century Plan — Future Land Use Plan, includes a Public land use category. While not shown on Exhibit A, the applicant will be responsible for siting and locating a minimum of 60.Oacres for school and fire station use as public uses in the Residential and Mixed Use areas. Section 5. Approvals of the Century Plan Amendments as stated in Section 2, Section 3, Section 4, and Exhibit A of this ordinance are hereby expressly made conditioned on the City and Applicant entering into a mutually acceptable agreement on or before July 30, 2006 that addresses, Century Plan Amendment —Cowen Springs Development Ordinance No. q Page 3 of 4 infrastructure, extent of planning authority and other lawful terms and considerations the parties consider appropriate, as authorized by Chapter 212.172 of the Texas Local Government Code and any other applicable laws. Section 6. 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 7. 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 8. 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 Q5�day of i 2006. PASSED AND APPROVED on Second Reading on theCl+h day of 2006. ATTEST: rtpyASecretary "`__� APPROVED AS TO FORM: Patricia E. Carls City Attorney THE CITY OF GEORGETOWN: By: Gar elon Mayor Century Plan Amendment —Cowen Springs Development Ordinance No. SLOO(P'40 Page 4 of 4 r :J r J ws'P:u� 4�