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HomeMy WebLinkAboutORD 2004-79 - Future Land Use Cowan SpringsAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, GIVING CONDITIONAL APPROVAL TO AMENDING EXHIBIT 1 - 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, OFFICE/RETAIL/COMMERCIAL, AND PARKS/OPEN SPACE; IMPOSING PRECONDITIONS FOR APPROVALS OF THE REQUESTED CHANGES TO THE CENTURY PLAN; 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 Ordinance No. 4a004 19 Century Plan Amendment —Cowan Springs Development Page 1 of 5 As Approved on Second Reading WHEREAS, an application from Del Webb Texas Limited Partnership (the current owner of the Property) and from Waterston Development (the prospective purchaser of the Property) has been made to change the intensity assignment for 2,430.18 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 1,828.045 Acres of Intensity Level 3, 213.358 acres at Intensity Level 4, and 289.773 acres at Intensity Level 5, located north and west of Sun City Texas for Cowan Springs Development; and WHEREAS, an application has also been made by Del Webb Texas Limited Partnership (the current owner of the Property) and from Waterstone Development (the prospective purchaser of the Property) to change the change the Future Land Use Plan Map from Residential and Williams Drive Mixed Use to Residential, Mixed Use, Office/Retail/Commercial, and Parks/Open Space, for the Property from located north and west of Sun City Texas for Cowan Springs Development; and WHEREAS, the Planning and Zoning Commission did, on November 4, 2004, 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 applicants for such Plan amendment placed on the Property, 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 November 4, 2004, 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, the City and Del Webb Texas Limited Partnership, as successor in interest to Del E. Webb Development Co., L.P., and the City are parties to that certain Development Agreement Concerning Proposed Subdivision and Construction of Master Planned Community by Del E. Webb Development Co., LLP dated February 14, 1995, and amended by the First Amendment to Development Agreement dated December 12, 1995, Second Amendment to Development Agreement dated September 23, 1997, Third Amendment to Development Agreement dated November 10, 1998, Fourth Amendment to Development Agreement dated September 28, 1999, Fifth Amendment to Development Agreement dated May 24, 2000, Sixth Amendment to Development Agreement dated February 27, 2001, and Seventh Amendment to Development Agreement dated March 11, 2003 (the "Seventh Amendment") (collectively, the "Development Agreement"); and WHEREAS, the Property that is the subject of the application and this ordinance is also the subject of Section 8 "Sale of Land" of the Seventh Amendment which addresses the obligations of Del Webb and any purchaser(s) of the Property who desire to develop the Property without regard to the Development Agreement; and Ordinance No. 4QC04 Century Plan Amendment—Cowan Springs Development Page 2 of 5 As Approved on Second Reading WHEREAS, in addition, 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 WHEREAS, at this time, neither the requirements of the Seventh Amendment relating to the Sale of Land, nor an agreement addressing land use, infrastructure, extent of the City's planning authority, annexation, and the specifics of the provision of water and wastewater services to the Property has been finalized, and the City therefore desires to grant only conditional approval of the amendments to the Century Plan at this time. 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 fords that this ordinance implements the following Policy Ends of the Century Plan - Policy Plan Element and Goals of the Future Land Use Plan: A. Policy Statement: Georgetown's natural and physical resources are managed so that citizens enjoy the benefits of economic and social development. B. 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 1,828.045 Acres, more of less, of Intensity Level 3, 213.358 acres, more or less, at Intensity Level 4, and 289.773 acres, more or less, 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 from Residential and Williams Drive Mixed Use to Residential, Mixed Use, Office/Retail/Commercial, and Parks/Open Space, located north and west of Sun City Texas for Cowan Springs Development, as illustrated in Exhibit A of this ordinance. Ordinance No. 01W4 `079 Century Plan Amendment —Cowan Springs Development Page 3 of 5 As Approved on Second Reading 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 61.2 acres 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 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 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, and 4. Annexation. 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. 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. Ordinance No. Qooqw7q Century Plan Amendment —Cowan Springs Development Page 4 of 5 As Approved on Second Reading PASSED AND APPROVED on First Reading on the 23rd day of November, 2004, PASSED AND APPROVED on Second Reading on the 14'11 day of December, 2004. ATTEST:( L Sandra D. Lee City Secretary APPROVED AS TO FORM: 6, r, 4, Patricia E. Carls City Attorney Ordinance No. 0100q" 19 Century Plan Amendment—Cowan Springs Development Page 5 of 5 As Approved on Second Reading THE CITY OF By: Doug; miff. Mayor Pro Tem Legend intensity-rectified FutureLandUsePlan THOROUGHFARE Intensity LANDUSE EXIST MAJ_ARTERiA1 ---PROP COLLECTOR Q t ® 4 INC) MIXED Q RES EXIST MIN ARTERIAL ----- WTRWAYS e PROP_MAJ_ARTERIAL✓:f 2 ® 5 Q MINING :-'' WDWXED ; PARKS Qlatyl'pnts_recU ed 7r. ---- PROP_MIN_ARTERiAL O—1#CavanSp rings ' S ®B COM Q OFFISER b. ,i PUB ,� d aD * t 004 - j g, Ex h 9 }l/ E k 4"'A"' N Exhibit A November 14, 2004 Map maintained by the City of Georgetown - Planning & Development Services Division Projection: Texas State Plane/Central ZonetNAD 83/Feet uba 0 oA 08 16