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HomeMy WebLinkAboutORD 2001-68 - Intensity Nicholas Porter9 11 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 13TH DAY OF MARCH 1990, TO CHANGE 31A0 ACRES, MORE OR LESS, IN THE NICHOLAS PORTER SURVEY, LOCATED ALONG NORTHWEST BOULEVARD, AS RECORDED IN DOCUMENT NUMBER 2000029539 OF THE OFFICIAL DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM INTENSITY LEVEL THREE TO INTENSITY LEVEL FOUR, 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, an application has been made to change the intensity assignment for 31.10 acres, more or less, in the Nicholas Porter Survey, from Intensity Level Three to Intensity Level Four; and WHEREAS, the Planning and Zoning Commission did, on June 5, 2001, conduct a public hearing regarding the proposed amendment to EXHIBIT 1 of the Century Plan - Development 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 property at 31.10 acres, more or less, in the Nicholas Porter Survey, 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 Century Plan Amendment — 31.10 acres in the Nicholas Porter Survey, located on Northwest Boulevard Ordinance No. Page 1 of 3 WHEREAS, the Planning and Zoning Commission did, on June 5, 2001, recommend that the City Council approve the proposed amendment to EXHIBIT 1 of the Century Plan - Development Plan, and WHEREAS, the City Council, on June 12, 2001, denied the approval of the original proposal to amend the Century Plan, based on potential traffic impacts of the project, and WHEREAS, Section 4.04 Approval, of the Century Plan - Policy Plan, allows the Planning and Zoning Commission to make a determination of substantial change in an application that is denied by the City Council, in order to be reconsidered before the six month reapplication deadline, and WHEREAS, the Planning and Zoning Commission did, on September 4, 2001, make a Determination of a Substantial Change in the original application to Amend the Century Plan for 31.10 acres located in the Nicholas Porter Survey, based on the addition of a Traffic Impact Study. 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: 1. Economic Development End 1.1, which states: "Existing undeveloped sites are put to beneficial use", and 2. Growth and Physical Development End 7.0, which states: "Georgetown's land uses support economic, cultural and social activities for all residents, businesses and organizations; and the City's development process encourages new and infill development;" and 3. Growth and Physical Development End 7.1, which states: "The City's regulations implement the Policy Ends and provide the opportunity to seek change with reasonable effort and expense;" 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. Subject to the conditions of Section 3 of this Ordinance, 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 Three designation to Intensity Level Four for 31.10 acres, more or less, in the Nicholas Porter Survey, located along Northwest Boulevard, as recorded in Document Number 2000029539 of the Official Deed Records of Williamson County, Texas, and as shown on Exhibit A of this Ordinance. SECTION 3. The applicant shall,post the required financial surety instrument(s) prior to plat recordation guaranteeing the construction of such improvements described in the October, 2001, Traffic Impact Analysis prepared by HDR, Inc. and Alliance Texas Engineering, which improvements Century Plan Amendment — 31.10 acres in the Nicholas Porter Survey, located on Northwest Boulevard Ordinance No. Page 2 of 3 represent a pro rata share of the total traffic improvements attributable to the site, and are summarized in the attached Exhibit C, October 16, 2001, memorandum detailing the necessary transportation improvements, of this Ordinance, in accordance with the requirements of the City's Subdivision Ordinance, SECTION 4. 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 5. 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 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the 25th day of September, 2001, PASSED AND APPROVED on Second Reading on the 23rd day of October, 2001, ATTEST: P' Sandra D. Lee City Secretary APPROVED AS TO FORM: City Attorney CITY OF Mayor LLEN KERSCH Century Plan Amendment — 31.10 acres in the Nicholas Porter Survey, located on Northwest Boulevard Or`inance No. 400149 Page 3 of 3 EXHIBIT A REQ C ^Y o♦ ri I � f'\� ` .fH•I P^ � � �,.. pyx is rr '\ __.__.'. ./• .V'• ' \ \ /\ /P= \ry PPM R.. 01)5 a`•.� ��� 111 > i / 4)S[j79 r:tL:99 GrT Cr CC C.iC4-Cr JC. :C:o/TJa .•.ee••\` C.SC JCC. . .. J.a.0 Cj..Pv...S. rI e xcEArA EAaT\ \ .j.:9 INC. e" � r � \` 1 Y.x. usr A. \ •'' � atm Jx. �;�^t ®vfi,� rV 1 Y -- EXHIBIT B '-- SZo7V L'_/ OF 3'.096: AC3' OL: OF ' NiC'c"r_i5 SUR= ABS�ACP7 VO. 4S'TVLq-rfi:.Luf50s COCN'7:0 =ZwLi,5 BE.TNG. v�;-�_- 1) AL OF A 2 ' AC= 7?.:C' rrC323r3 LN :CL 5232 ?C. 151 2; AL OF :!.:S k r :3A^ 3rC3r7i3 Ci VOL 144?C. 298 3) A ?=ON OF A :5.51 46c�r OF ;i A ?OF -':O\ OF A :2.AC7 CACrr YC. 141,72. OF VVY�l... Inti ?iutA.r �v✓?.a�.�. at i S]f Oft +""M1.f "Ya A RAC; AC 7 It -w+.t *��- ` _ 10 •. :SLA: .4.V ]. :. .. sa.f• ZF(@ SZo7V L'_/ OF 3'.096: AC3' OL: OF ' NiC'c"r_i5 SUR= ABS�ACP7 VO. 4S'TVLq-rfi:.Luf50s COCN'7:0 =ZwLi,5 BE.TNG. v�;-�_- 1) AL OF A 2 ' AC= 7?.:C' rrC323r3 LN :CL 5232 ?C. 151 2; AL OF :!.:S k r :3A^ 3rC3r7i3 Ci VOL 144?C. 298 3) A ?=ON OF A :5.51 46c�r OF ;i A ?OF -':O\ OF A :2.AC7 CACrr YC. 141,72. OF VVY�l... Inti ?iutA.r �v✓?.a�.�. 10/16/01 To: City Council EXHIBIT C MEMORANDUM From: David Munk, P.E., Development Engineer City of Georgetown Re: Updated Traffic Analysis for proposed 31 Acre Apartment Development near Northwest Boulevard and River Bend Drive. The initial traffic study by HDR Engineering Inc. included trip generation from the Land Use Activity to Demand Conversion Chart of the Century Plan at full intensity level buildout. This revised study includes trip generation information from the Institute of Transportation Engineers' (ITE) based on actual site buildout and land use. The trip generation was found to be approximately 50 % less using the ITE manual as compared to the Century Plan. The initial traffic study included a study of the roadway requirements with trip generation at intensity level 3 as compared to the required improvements with trip generation at level 4. If the intensity level 4 trips dropped the roadway level of service below C, the developer was required to make all improvements to regain the level C. The updated report includes the percent of proposed site traffic in reference to the non -site or background traffic. Therefore the developers cost is much less because the proportion of improvements cost is related to the percent of site traffic to background traffic to maintain level of service C. The following traffic improvements and pro rata costs outlined in the above referenced traffic analyses (completed by HDR Engineering Inc. and Alliance Texas Engineering Company on October 16, 2001) are required to maintain a minimum C Level of Service for all areas impacted by the referenced development. The traffic improvement requirements are as follows: Build Year 2005 required improvements and pro rata share: 1. Lakeway Drive lane striping (at Williams Drive) to be changed to exclusive left turn lane with a shared through/right. Developer share, 1.1 percent, equals $1,350 for items 1 and 2 in 2005 scenario. 2. Bootys Crossing lane striping (at Williams Drive) to be changed to exclusive left turn lane with a shared through/right. 3. Provide signalization on Williams Drive at River Bend. Developer share, 3.2 percent, equals $3,100 for this item in 2005 scenario. Build Year 2015 required improvements and proportionality: 1. Add an exclusive right turn lane to NB Williams Drive at River Bend Drive. Alliance Texas Engineering recommends no pro rata share for this scenario. 2. Add an exclusive right turn lane to Williams Drive at Lakeway Drive. Alliance Texas Engineering recommends no pro rata share for this scenario. The proposed improvements within Williams Drive must be approved by the Texas Department of Transportation.