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
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November 14, 2004
Map maintained by the City of Georgetown -
Planning & Development Services Division
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