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HomeMy WebLinkAboutORD 2006-108 - ADG DevelopmentAn Ordinance of the City Council of the City of Georgetown, Texas, to amend 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.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, 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, 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 and Thoroughfare PIan 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 Century Plan Amendment —ADG Development Page 1 of 6 Ordinance No.'s WHERAS, the City Council did, on June 22, 2004, adopt by Ordinance Number 2004- 35 adopt new elements of the Century Plan: the Overall Transportation Plan, as an element of the Century Plan - Development Plan, replacing the Thoroughfare Plan; and Whereas, an application has been made to change the intensity assignment 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 San Gabriel Development; and Whereas, an application has been made to change the change the Future Land Use Plan Map 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 Residential to Office/Retail/Commercial, Mixed Use, and Residential, or any more restrictive classification, located north of FM 2243, south of SH -29, and east of Escalera Ranch for the proposed San Gabriel Development; and Whereas, an application has been made to change the change the Overall Transportation Plan Map, 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, the Planning and Zoning Commission did, on October 3, 2006, conduct a public hearing regarding the proposed amendment to EXHIBIT 1 of the Century Plan - Development Plan, the Century Plan - Future Land Use Plan, and the Century Plan - Overall Transportation 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 Centunj Plan Amendment - ADG Development Ordinance No. � lot Page 2 of 6 Whereas, the applicant for such Plan amendment placed on the 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 Residential to Office/Retail/Commercial, Mixed Use, and Residential, or any more restrictive classification, located north of FM 2243, south of SH -29, and east of Escalera Ranch, 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 October 3, 2006, recommend that the City Council conditionally approve the proposed amendment to EXHIBIT 1 of the Century Plan - Development Plan, the Century Plan - Future Land Use Plan, and the Century Plan - Overall Transportation Plan, 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. Century Plan Amendment — ADG Development Page 3 of 6 Ordinance No. C200(oW fo 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 to 1,570 acres of Intensity Level 3, 113 acres of Intensity Level 4, and 25 acres of Intensity Level 5 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. 7111 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 IsaacDonagan Survey, Abstract No. 178, and the Joseph Thompson Survey, Abstract No. 608, as illustrated in Exhibit A of this Ordinance. Section 3. The Future Land Use Map, contained in the Century Plan - Future Land Use Plan and Thoroughfare Plan, is hereby amended by the City Council of the City of Georgetown Texas, to change the Future Land Use Plan Map from Residential to Office/Retail /Commercial, Mixed Use, and Residential, 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, as illustrated in Exhibit A of this Ordinance. Section 4. The Overall Transportation Plan Map, contained in the Century Plan - Overall Transportation Plan, is hereby amended by the City Council of the City of Georetown Texas, 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, in the proposed San Gabriel Development, as illustrated in Exhibit A of this Ordinance. 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(s) which on or before February 28, 2007: (A) Amends the 2005 Development Agreement pertaining to the remaining 690 acres, more or less of Escalera Ranch (Sections 7 -10 of the original Escalera Ranch Concept Plan), and includes that land under the terms of a new Development Agreement together with the additional 1,018 acres, more or less, from the Watson Tract, Barton Tract and Faubion Tract to be approved by the City Council; Century Plan Amendment -ADG Development Ordinance No. 0?00 ®10 Page 4 of 6 (B) Establishes Planned Unit Development Standards (PUD Standards) for zoning of the property, based on Conservation Design principles for the entire 1707.749 acres, more or less; (C) Establishes the Conservation Design: Parkland and Open Space standards for a minimum of 600 acres of parkland and open space; (D) Establishes a water and wastewater service agreement; and (E) Provides for nineteen (19) acres of Public uses, thirteen (13) acres of which are proposed to be used for a school(s), and six (6) acres will be used for two fire stations at locations determined by the Georgetown Fire Department and ABG Development. Section 6: Failure to comply with all of the conditions in Section 5 of this Ordinance shall cause the Century Plan approvals requested in the application to automatically terminate, and to be without any force or effect, and the Intensity Levels, Future Land Uses, and Overall Transportation Plan for the Property, to automatically revert to the levels and uses that were in place immediately prior to the effective date of this Ordinance without further action from the City Council. Section 7. 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 8. 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 9. 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. Centunf Plan Amendment —ADG Development Page 5 of 6 Ordinance No. +� PASSED AND APPROVED on First Reading on the 241h day of October, 2006. PASSED AND APPROVED on Second Reading on the _ day of November, 2006. A TT V Qrr• Sandra D. Lee City Secretary APPROVED AS TO FORM: Patricia E. Carls City Attorney THE CITY OF GEORGETOWN: Mayor Centunj Plan Amendment — ADG Development Ordinance No. o&`In Page 6of6 IN Exhibit A N� E RES COM m RE u �s 2 Adopted Land Use & Intensity Legend STREAMCLINE THOROUGHFARE Future Land Use Plan Intensity Level amOtytnnas CLASS LANDUSE Intensity GTMPUBPARKSQMSMaMajorAftn2I Q MINING 1 v PARCSINFO MYnor Anginal COM 2 CoI CW MIXED =3 Mill Pmposed MatorAn OFF/SER =4 t kw -' ,„ N aOa Proosed MiwrArt. PARKS 5 �Trl ; ✓1'i'* v . ® T[ti,1ti =m. Proposed CdlKW 1 PIES =6 ORS. �2OD� -1o�' Exhihil A pay 1 of l Proposed Land Use & Intensity October 28, 2005 Map maintained by the City of Georgetown Planning & Development Services Division Projection: Texas State Plane/Central Zon&NAD 331Feet