HomeMy WebLinkAboutORD 2005-38 - Cowan Springs Land Use PlanORDINANCE NO. 40067'
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, AMENDING SECTION 5 OF ORDINANCE NO.
200449 (RELATING TO THE CONDITIONAL APPROVAL OF AN
AMENDMENT TO THE INTENSITY MAP OF THE CENTURY PLAN -
DEVELOPMENT PLAN PASSED AND ADOPTED ON THE 13TH DAY OF
MARCH 1990, TO CHANGE 2,430.18 ACRES, MORE OR LESS, OUT OF
THE FREDRICK FOY AND LEWIS P. DYCHES SURVEYS, FROM
INTENSITY LEVEL 1 AND INTENSITY LEVEL 2, TO 1,828.045 ACRES OF
INTENSITY LEVEL 3, 213.358 ACRES AT INTENSITY LEVEL 4, AND
289.773 ACRES AT INTENSITY LEVEL 5, OR ANY MORE RESTRICTIVE
CLASSIFICATION, FOR COWAN SPRINGS DEVELOPMENT, LOCATED
NORTH AND WEST OF SUN CITY TEXAS; AND GIVING CONDITIONAL
APPROVAL TO MODIFY THE FUTURE LAND USE PLAN FROM
RESIDENTIAL AND WILLIAMS DRIVE MIXED USE TO RESIDENTIAL,
MIXED USE, OFFICEIRETAIUCOMMERCIAL, AND PARKS/OPEN SPACE)
TO CHANGE THE DEADLINE SPECIFIED THEREIN FROM JUNE 30, 2005
TO A DATE NOT LATER THAN DECEMBER 31, 2005; REPEALING
CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A
SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on December 14, 2004, by Ordinance No. 2004-79, the City Council
conditionally approved changes to the City's Intensity Level Map and Future Land Use Plan
to reflect the development intentions of the prospective purchaser, Waterstone
Development Group ( now its affiliate, Somerset Hills, Ltd. ("Somerset")), the owner of
approximately 1202.68 acres of the "Northern Lands," with the consent of Del Webb Texas
Limited Partnership ("Del Webb"), the owner of approximately 1028.50 acres of the
"Northern Lands"
WHEREAS, Section 5 of Ordinance No. 2004-79 provides as follows:
Section 5: Approvals of the Century Plan Amendments as stated in Section 2,
Section 3, Section 4, and Exhibit A of this ordinance [No. 2004-79] are hereby
expressly made conditional on compliance with the following conditions on or before
June 30, 2005:
(A) compliance with all terms of the Seventh Amendment prior to any development
or approvals for development on the Property that does not comply with the
terms of the [Del Webb] Development Agreement; and
(B) the City and Waterstone Development Group (Robert D. Wunsch, Trustee)
entering into a mutually acceptable agreement that addresses, at a minimum,
the following topics, as authorized by Chapter 212.172 of the Texas Local
Government Code and any other applicable laws:
(1) Development Plan for the Property, including build out schedule and
specific land uses,
(2) Land use controls and specific design considerations,
Ordinance No.
Century Plan Amendment—Cowen Springs Development- Extension of Time
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(3) Water and wastewater service by the City of Georgetown,
(4) Annexation,
(5) Assignment to Waterstone of Del Webb's and the City's obligations to pay
$125 per Unit to Chisholm Trail Special Utility District pursuant to the
August 31, 1994 "Agreement Between the City of Georgetown, Texas, Del
E. Webb Development Co., LLP, and Chisholm Trail Special Utility
District,
WHEREAS, Section 6 of Ordinance No. 2004-79 provides as follows:
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 applications to
automatically terminate, and to be without any force or effect, and the Intensity
Levels and Future Land Uses 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.
WHEREAS, the City and Waterstone/Somerset and Del Webb have been working on an
Agreement pursuant to the requirements of Section 5 of Ordinance No. 2004-79, but
additional time is needed; and
WHEREAS, the parties agree that it would be in the best interest of the City and
Waterstone/Somerset and Del Webb to extend the time allowed to finalize the Agreement
past the June 30, 2005 date set forth in Section 5 of Ordinance No. 2004-79.
NOW, - •- BE ORDAINED BY • OF TAE T
GEORGETOWN,
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.
Ordinance No
Century Plan Amendment —Cowen Springs Development - Extension of Time
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Obiective 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. That Section 5 of Ordinance No. 2004-79 be and hereby is amended
to provide as follows:
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
conditional on compliance with the following conditions on or before December 31,
2005:
(A) compliance with all terms of the Seventh Amendment priorto any development
or approvals for development on the Property that does not comply with the
terms of the Development Agreement; and
(B) the City and Waterstone Development Group (Robert D.Wunsch, Trustee)
entering into a mutually acceptable agreement that addresses, at a minimum,
the following topics, as authorized by Chapter 212.172 of the Texas Local
Government Code and any other applicable laws:
(1) Development Plan for the Property, including build out schedule and
specific land uses,
(2) Land use controls and specific design considerations,
(3) Water and wastewater service by the City of Georgetown,
(4) Annexation,
(5) Assignment to Waterstone of Del Webb's and the City's obligations to pay
$125 per Unit to Chisholm Trail Special Utility District pursuant to the
August 31, 1994 "Agreement Between the City of Georgetown, Texas, Del
E. Webb Development Co., LLP, and Chisholm Trail Special Utility
District."
SECTION 3. All other provisions of Ordinance No. 2004-79 not amended hereby
shall remain in full force and effect. 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.
Ordinance No.
Century Plan Amendment —Cowen Springs Development - Extension of Time
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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 ` . i i on day of 1 1
PASSED AND APPROVED on Second Reading on the day of June, 2005.r
ATTEST:
Sandra D. Lee
City Secretary
APPRO.V,ED AS TO FORNTIF�_
4 - i
E. Carls
City Attorney
THE CITY OF GEORGETOWN:
Mayor Pro Tem
Ordinance No.
Century Plan Amendment—Cowen Springs Development - Extension of Time
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