HomeMy WebLinkAboutORD 2020-49 - ANX Chapel Hill PUDOrdinance No.d% T
An Ordinance of the City Council of the City of Georgetown, Texas, providing
for the extension of certain boundary limits of the City of Georgetown, Texas,
and the annexation and initial zoning designation of Planned Unit
Development (PUD) with a base district of Local Commercial (C-1) and High
Density Multi -Family (MF-2) for certain territory consisting of 36.035 acres,
more or less, in the Francis A. Hudson Survey, Abstract No. 295 and the John
Powell Survey, Abstract No. 491, as described herein; and amending part of the
Official Zoning Map to rezone 18.105 acres out of the Francis A. Hudson Survey,
Abstract No. 295, John Powell Survey, Abstract No. 491, J.S. Patterson Survey,
Abstract No. 502, and the E. Evans Survey, Abstract No. 212 from Residential
Single -Family (RS) to Planned Unit Development (PUD) with a base district of
Local Commercial (C-1) and High Density Multi -Family (MF-2); repealing
conflicting ordinances and resolutions; including a severability clause; and
establishing an effective date.
Whereas, the approximately 36.035 acres of land described in Exhibit "A" (the "Annexed
Property") lies within the extraterritorial jurisdiction of the City of Georgetown, Texas (the
"City"); and
Whereas, approximately 18.105 acres of land, being the 54.14 acres of land described in
Exhibit "B" (the "Property") save and except the Annexed Property, lies within the city limits and
is zoned RS (the "RS Property"); and
Whereas, the owners of the Property have requested annexation of the Annexed Property
by the City, pursuant to Local Government Code Section 43.0671; and
Whereas, the Georgetown City Council approved a Municipal Services Agreement for the
Annexed Property on February 25, 2020; and
Whereas, the Section 4.03.010 of the City's Unified Development Code ("UDC") creates
procedures for initial zoning of newly annexed territory; and
Whereas, public notice of the hearing required by Section 4.03.010 of the UDC was
accomplished in accordance with State Law and the City's Unified Development Code through
newspaper publication, signs posted on the Annexed Property, and mailed notice to nearby
property owners; and
Whereas, the owners of the Property have also submitted an application to the City for
the purpose of amending the Official Zoning Map, adopted on the 12th day of June, 2012, for the
specific Zoning District classification for the RS Property; and
Ordinance No. 20m 4q Page 1 of 3
Chapel Hill PUD — Annexation of 36.035 acres 2020-1-ANX
Date Approved: June 23, 2020 Exhibits A, B, C, D attached
Whereas, public notice of such hearing for the Zoning Map Amendment was
accomplished in accordance with State Law and the City's Unified Development Code through
newspaper publication, signs posted on the RS Property, and mailed notice to nearby property
owners; and
Whereas, the Planning and Zoning Commission, at a meeting on June 2, 2020, held the
required public hearings and submitted a recommendation of approval to the City Council for
both the requested initial zoning designation of the Annexed Property and the requested Zoning
Map Amendment of the RS Property; and
Whereas, all prerequisites of state law and the City Charter have been complied with;
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.
Section 2. The City Council of the City of Georgetown hereby annexes into the city limits
36.035 acres, more or less, in the Francis A. Hudson Survey, Abstract No. 295 and the John Powell
Survey, Abstract No. 491, as shown and described in Exhibit "A" of this ordinance (the "Annexed
Property"). The Annexed Property is hereby included in City Council District 1, as it is adjacent
to Council District 1 and no other City Council Districts. The City's official boundary map and
City Council Districts map shall be amended accordingly.
Section 3. In accordance with the procedures for initial zoning of newly annexed territory
described in Section 4.03.010 of the UDC, and for the reasons set forth by City Staff, the City
Council hereby finds that a zoning classification of Planned Unit Development (PUD) with a base
district of Local Commercial (C-1) and High Density Multi -Family (MF-2) is appropriate for the
Annexed Property and consistent with the City's Comprehensive Plan, and upon annexation the
Annexed Property shall have a zoning of Planned Unit Development (PUD) with a base district
of Local Commercial (C-1) and High Density Multi -Family (MF-2) in accordance with the
Development Plan attached as Exhibit "D" to this ordinance. The City's Official Zoning Map shall
be amended accordingly.
Section 4. Upon annexation of the Annexed Property, the City shall provide to the
Annexed Property the municipal services set forth in the Municipal Services Agreement attached
to this ordinance as Exhibit "C" and by this reference incorporated within it (the "Agreement"),
pursuant to the schedule set forth therein. The City shall have no obligation to provide services
to the Annexed Property not listed in the Agreement.
Ordinance No. Page 2 of 3
Chapel Hill PUD — Annexation of 36.035 acres 2020-1-ANX
Date Approved: June 23, 2020 Exhibits A, B, C, D attached
Section 5. In accordance with the Zoning Map Amendment procedures of Section 3.06 of
the UDC, and for the reasons set forth by City Staff, the Official Zoning Map, as well as the Zoning
District classification for the RS Property is hereby amended to the Planned Unit Development
(PUD) zoning district with a base of Local Commercial (C-1) and High Density Multi -Family (MF-
2), in accordance with the Development Plan attached as Exhibit "D" to this ordinance. The City's
Official Zoning Map shall be amended accordingly.
Section 6. The City Council hereby finds that this Ordinance implements the vision, goals,
and policies of the Georgetown 2030 Comprehensive Plan and further finds that the enactment
of this Ordinance is not inconsistent or in conflict with any other policies or provisions of the 2030
Comprehensive Plan and the City's Unified Development Code.
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. 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 accordance with
the City Charter.
Passed and Approved on First Reading on the 9t" day of June 2020.
Passed and Approved on Second Reading on the 23,d day of June 2020.
The City of Georgetown:
Dale Ross
Mayor
Approved as to form:
S�� NY1�iS3oh
City Attorney
Ordinance No. iV zo '
Chapel Hill PUD —Annexation of 36.035 acres
Date Approved: June 23, 2020
Attest:
City Secretary
Page 3 of 3
2020-1-ANX
Exhibits A, B, C, D attached
EXHIBIT "A"
County: Williamson Page 1 of 3
Project: Barton Chapel Hill Annexation May 31, 2018
Halff AVO: 33984.001
BEING A DESCRIPTION OF 36.035 ACRES OF LAND, SITUATED IN THE FRANCIS A. HUDSON SURVEY,
ABSTRACT NO. 295, AND THE JOHN POWELL SURVEY, ABSTRACT NO.491, WILLIAMSON COUNTY, TEXAS,
BEING A PORTION OF THOSE CERTAIN TRACTS DESCRIBED AS TRACT I CONTAINING 12.40 ACRES AND
TRACT II CONTAINING 3.74 ACRES IN A TRUSTEE'S SPECIAL WARRANTY DEED TO CHILDREN AT HEART
FOUNDATION, OF RECORD IN DOCUMENT NO. 203.7006685, OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS (O.P.R.W.C.T.) AND A PORTION OF THE REMAINDER OF THAT CERTAIN 55.41 ACRE TRACT
DESCRIBED IN AN EXECUTOR'S SPECIAL WARRANTY DEED TO TERRI LEANNE WISIAN AND MERRY CAROL
RODRIGUEZ, CO -TRUSTEES OF THE CARRIE ANN BARTON SMITH SEPARATE PROPERTY REVOCABLE TRUST,
OF RECORD DOCUMENT NO. 2017004719, O.P.R.W.C.T.; SAID 36.035 ACRES OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an angle point in the easterly line of said 55.41 acre tract, same being in the westerly line
of that certain 59.56 acre tract described in a General Warranty Deed to Celebration Church, of record in
Document No. 2005003124, O.P.R.W.C.T., same being an angle point in the irregular southerly line of that
certain 98.22 acres annexed into the City of Georgetown, Texas by Ordinance No. 2014-32;
THENCE, with the easterly line of said 55.41 acre tract, same being the westerly line of said 59.56 acre
tract, with said City of Georgetown City Limits Line, S21°38'30"E, a distance of 635.00 feet (Called
S21°38'30"E) to a point in the existing City Limits Line of Georgetown, Texas as annexed by Ordinance No.
86-54, same being a line 500 foot north of and normal to the old northerly right-of-way line of
Westinghouse Road, for the southeasterly corner of the tract described herein;
THENCE, with the southerly line of the tract described herein, with the said existing City Limits Line of
Georgetown, Texas, over and across said 55.41 acre tract, the following seven (7) courses and distances:
1. S68°23'00"W, a distance of 138.48 feet (Called S68°23'W) to a point;
2. S69°00'00"W, over and across said Children at Heart Foundation Tracts 1 & 3, a total distance of
732.10 feet (Called S69'00'W) to a point;
3. S58°29'30"W, continuing over and across said Children at Heart Foundation Tract 3, a distance of
46.96 feet (Called S58°29'30"W) to a point;
4. S64°40'30"W, continuing over and across said Children at Heart Foundation Tract 3, a distance of
5.07 feet (Called S64°40'30"W) to a point;
5. S68°05'30"W, continuing over and across said Children at Heart Foundation Tract 3, a distance of
58.24 feet (Called S68°05'30"W) to a point;
6. S69°27'00"W, continuing over and across said Children at Heart Foundation Tract 3, and over and
across said 55.41 acre remainder tract, a distance of 103.95 feet (Called S69°27'W) to a point; and
7. S68°55'04"W, continuing over and across said 55.41 acre remainder tract, a distance of 660.67
feet (Called S68'55'W) to a point in the westerly line of said 55.41 acre tract, same being in the
easterly line of that certain called 5.2410 acre tract described in a Special Warranty Deed to Group
1 Realty, Inc., of record in Document No. 2016043868, O.P.R.W.C.T. for the southwesterly corner
of the tract described herein, same also being the southeasterly corner of that certain 6.14 acre
tract annexed into the City of Georgetown, Texas by Ordinance No. 2013-24;
EXHIBIT "A"
County: Williamson
Project: Barton Chapel Hill Annexation
Halff AVO: 33984.001
Page 2 of 3
May 31, 2018
THENCE, with the westerly line of said 55.41 acre tract, and the westerly line of the tract described herein,
same being the City Limits Line, the following five (5) courses and distances:
1. N21"05'00"W, a distance of 77.28 feet (Called N21"05'W) to a point for the southeasterly corner
of Lot 1, Mercedes Benz of Georgetown, a subdivision of record in Document No. 2013078846,
Plat Records of Williamson County, Texas (P.R.W.C.T.);
2. N21°24'30"W, with said City Limits Line, a distance of 256.69 feet (Called N21"21'30"W, a distance
of 256.69 feet) to a point;
3. N66°24'00"E, with said City Limits Line, a distance of 63.15 feet (Called N66"24'E, a distance of
63.15 feet) to a point;
4. N22°05'30"W, with said City Limits Line, passing the southeasterly corner of that certain 4.503
acre tract annexed into the City of Georgetown, Texas by Ordinance No. 2013-23, same being the
southeasterly corner of Lot 1, Mac Haik Ford Truck Subdivision, a subdivision of record in
Document No. 2013074700, P.R.W.C.T., a total distance of 425.85 feet (Called N22°05'30"W, a
distance of 425.85 feet) to a point; and
S. N22°07'30"W, with said City Limits Line, a distance of 193.22 feet (Called N22"07'30"W, a distance
of 193.22 feet) to a point for the northwesterly corner of said 55.41 acre tract and the
northwesterly corner of the tract described herein, same being the southwesterly corner of that
certain 49.86 acre tract described in a General Warranty Deed to Celebration Church, of record in
Document No. 2005003122 & Document No. 2005003123, O.P.R.W.C.T. and being the
southwesterly corner of said 98.22 acre annexation tract;
THENCE, with the northerly line of said 55.41 acre tract, the northerly line of the tract described herein,
with the southerly line of said 49.86 acre tract, and the southerly line of said 98.22 acre annexation tract,
N68'21'30"E, a distance of 1487.07 feet (Called N68"21'30"E, a distance of 1487.08 feet) to a point for the
northeasterly corner of said 55.41 acre tract and the northeasterly corner of the tract described herein,
same being the southeasterly corner of said 49.86 acre tract and being in the westerly line of said 59.56
acre Celebration Church tract;
THENCE, with the easterly line of said 55.41 acre tract, same being the easterly line of the tract described
herein, same also being the irregular southerly line of said 98.22 acre annexation tract, and the westerly
line of said 59.56 acre tract, the following two (2) courses and distances:
1. S21°14'06"E, a distance of 328.23 feet (Called S21"14'06"E, a distance of 328.23 feet) to a point;
and
N68°21'30"E, a distance of 200.00 feet (Called N68"21'30"E, a distance of 200.00 feet) to the
POINT OF BEGINNING and containing 36.035 acres of land, more or less, within these metes and
bounds.
EXHIBIT "A"
County: Williamson Page 3 of 3
Project: Barton Chapel Hill Annexation May 31, 2018
Halff AVID: 33984.001
Basis of bearings is the 55.41 acre tract described in said Document No. 2017004719, O.P.R.W.C.T.
This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground
survey, and is not to be used to convey or establish interests in real property except those rights and
interests implied or established by the creation or reconfiguration of the boundary of the political
subdivision for which it was prepared. There is an exhibit to accompany this description.
Prepared by:
Coleen M. Johnso .P.L.S.
Registered Profes 'o al Land Surveyor
Texas Registration No. 4871
Halff Associates, Inc., TBPLS Firm No. 10029607
9500 Amberglen Blvd., Bldg. F, Suite 125
Austin, Texas 78729
512-777-4600
Ca►Si E9�+:�d'
I MARIE JOH�NS:ON
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4871
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Date
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General Warranty Deed to
Celebration Church
Called 49.86 Acres
Doc. No, 2005003122 &
Doc No. 2005003123 O,P.R.W.C.T.
L14
•Executor's Special WWraely Dip amFon Deed to
Terri Leanne Wisian end Nelry Card Rodrlgaey, Co^ Traelees of the
Cor,
ie Ann Barton Smith Separate Prbpnrty Rernee to Trust
Remainder of Called 55,41 Acres
Doo, No, 2017004719 O.P.R,WCT
Lie
36.035 ACRES
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Trustee's Special Warranty
Deed to Children at Heart Foundation
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Called Troct 1 — 12 40 Acres
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Doc. No. 2017006685 O.P.R.W,C.T.
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D-6 to Wlliomson c.nly, Texas
Doc No 20071OD116 O.P.R KC T
BASIS OF BEARINGS IS THE 55.41 ACRE TRACT DESCRIBED IN EXECUTOR'S
SPECIAL WARRANTY DISTRIBUTION DEED TO TERRI LEANNE WISIAN AND MERRY
CAROL RODRIGUEZ AS CO -TRUSTEES OF THE CARRIE ANN BARTON SMITH
SEPARATE PROPERTY REVOCABLE TRUST OF RECORD IN DOCUMENT NO,
2017004719, O.P.R.W.C.T.
THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE
RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY
OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND
INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION
OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS
PREPARED. THERE IS A DESCRIPTION TO ACCOMPANY THIS EXHIBIT.
ANNEXATION EXHIBIT
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OF 36,035 ACRES OUT OF THE FRANCIS A. HUDSON SURVEY, ABSTRACT NO. 295, WILLIAMSON COUNTY, TEXAS,
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BEING A PORTION OF TRACTS 1 & 3 DESCRIBED IN A TRUSTEE'S SPECIAL WARRANTY DISTRIBUTION DEED TO
9500 AMBERGLEN BLVD., BLDG F, SUITE 125
AUSTIN, TEXAS TB]29
CHILDREN AT HEART FOUNDATION, OF RECORD IN DOCUMENT NO. 2017006685, O,P.R.W,C.T. AND A PORTION
OF THE REMAINDER OF A 55.41 ACRE TRACT DESCRIBED IN AN EXEUCTOR'S SPECIAL WARRANTY DISTRIBUTION
TEL(512)m-46M
DEED TO TERRI LEANNE WISIAN AND MERRY CAROL RODRIGUEZ AS CO -TREES OF THE CARRIE ANN BARTON
FAX (512)252-B141
TBPLS FIRM NO 10ON607
SMITH SEPARATE PROPERTY REVOCABLE TRUST, OF RECORD IN DOCUMENT NO. 2017004719, O.P. R.W.C.T.
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FOREST SURVEYING AND MAPPING CO.
1002 Ash St.
Georgetown, Tx. 78626
DESCRIPTION FOR CARRIE ANN BARTON SMITH TRACT 1
BEING 12.40 acres of the Francis A. Hudson Survey, Abstract No. 295, and the J.S. Patterson
Survey, Abstract No. 502, in Williamson County, Texas. This tract is a part of the 55.41 acre property which
was partitioned to Carrie Ann Barton Smith as described in the Partition Deed which is recorded in Doc.
2004049997, of the Official Records of Williamson County, Texas (ORWCT). This tract was surveyed on
the ground in January of 2011, under the supervision of William F. Forest, Jr., Registered Professional Land
Surveyor No. 1847. Survey note: The bearing basis for this survey is the Texas Coordinate System of 1983,
Grid North, Texas Central Zone.
BEGINNING at an iron pin which was set for the Southeast corner of this tract and the lower
Southwest corner of an 11.05 acre Tract 2 which was surveyed this date. This corner exists in the North line
of County Road I I I (Westinghouse Road) as widened. An iron pin which was found in the East line of the
said 55.41 acre Smith tract and in the lower West line of the 59.56 acre property that was conveyed to
Celebration Church as described in Doc. 2005003124 (ORWCT); at the Northeast corner of the 1.278 acre
road widening strip which was conveyed to Williamson County (Doc. 2007100116, ORWCT) stands (L1) N
690 56'01" E 124.13 feet. From the said Northeast corner of the 1.278 acre tract the Southeast corner of the
said 55.41 acre Smith tract and the Southeast corner of the said 1.278 acre County parcel stands S 21 °27'38"
E 37.15 feet according to record information.
THENCE with the North line of County Road 111, S 69°56'01" W 787.28 feet to an iron pin which
was set at the Southeast corner of Tract 3 of 3.74 acres as described this date.
THENCE with the East boundary of the said Tract 3, setting'/2 inch iron pins at fence corners as
follows; N 08°00'36" W 456.93 feet ; and (L15) S 87'12'20" W 53.52 feet ; continuing along unfenced lines
setting iron pins as follows; (L14) N 04'17'34" W 128.94 feet (North of Northeast corner of shed); (L13) N
08034'52" W passing West of a shed and crossing a fence, continuing in all 78.26 feet ; (L12) N 84'18'21" E
95.85 feet; rejoining the existing fence line and setting iron pins at fence corners, (L11) N 05°59'58" E 97.50
feet; and (L10) N 18'19'23" W 68.18 feet to the upper Southwest corner of the said Tract 2 of 11.05 acres.
THENCE with the upper South boundary of the said Tract 2, S 69'59' 16" E 506.73 feet to an iron
pin which was set.
THENCE with the lower West boundary of the said Tract 2, S 23°29'33" E 797.21 feet to the POINT
OF BEGINNING.
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS;
COUNTY OF WILLIAMSON
I, WM. F. FOREST, JR., do hereby certify that this survey was made on the ground of the property legally described
hereon, under my supervision. This description is true and correct to the best of my knowledge and belief. The attached
plat identifies any significant boundary line conflicts, shortages in area, apparent protrusions, intrusions or overlapping
of improvements. This property abuts a public roadway, except as shown. Ownership and easement
information for this tract has not been researched except as shown on the attached plat.
TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Texas, this the 1ST
day of Feb. of2011, A.D. File: Word: SMITHSCHOOLI.DOC
�-►�� WM . F . FOREST JR .
REGISTERED PROFESSIONAL, LAND SURVEYOR
NO. 1847
FOREST SURVEYING AND MAPPING CO.
1002 Ash St.
Georgetown, Tx. 78626
DESCRIPTION FOR CARRIE ANN BARTON SMITH TRACT 2
BEING 11.05 acres of the Francis A. Hudson Survey, Abstract No. 295, and the J.S. Patterson
Survey, Abstract No. 502, in Williamson County, Texas. This tract is a part of the 55.41 acre property which
was partitioned to Carrie Ann Barton Smith as described in the Partition Deed which is recorded in Doc.
2004049997, of the Official Records of Williamson County, Texas (ORWCT). This tract was surveyed on
the ground in January of 2011, under the supervision of William F. Forest, Jr., Registered Professional Land
Surveyor No. 1847. Survey note: The bearing basis for this survey is the Texas Coordinate System of 1983,
Grid North, Texas Central Zone.
BEGINNING at an iron pin which was found at the most Northerly Northeast fence corner of the
said 55.41 acre tract, in the upper West line of the 59.56 acre property that was conveyed to Celebration
Church as described in Doc. 2005003124 (ORWCT) and at the Southeast corner of the 49.86 acre property
that was conveyed to Celebration Church as described in Doc. 2005003123 (ORWCT).
THENCE with the common boundary of the property of Carrie Ann Barton Smith and Celebration
Church (59.56 ac. Doc. 2005003124 ORWCT); S 19°39'30" E 328.56 feet to an iron pin which was found at
a fence corner; N 69°56'01" E 200.00 feet to an iron pin which was set at a fence corner; and with a line that
departs the existing fence, S 20°03'51" E 1098.13 feet to an iron pin which was found in the North line of
County Road I I I (Westinghouse Road).
THENCE with the North line of County Road 111, and the North line of the 1.278 acre road
widening strip which was conveyed to Williamson County (Doc. 2007100116, ORWCT), (L1) S 69° 56'01"
W 124.13 feet to an iron pin which was set.
THENCE with the boundary of a 12.40 acre Tract 1 which was described this date, N 23°29'33" W
797.21 feet to an iron pin which was set and S 69°59' 16" W 506.73 feet to an iron pin which was set at a
corner in the fenced East line of a 3.74 acre Tract 3 which was described this date.
THENCE with the East line of the said 3.74 acre tract, along or near the existing fence, N 20°51'20"
W 136.58 feet to an iron pin which was set at a corner in the East line of a 26.96 acre Tract 4 which was
described this date; continuing along or near the general line of the fence and the East line of Tract 4, N 20°
01'54" W 493.65 feet to an iron pin which was set in the North line of the said 55.41 acre tract of Carrie
Smith.
THENCE with the North line of the said 55.41 acre Smith tract and the South line of the said 49.86
acre property of Celebration Church (Doc. 2005003123, ORWCT), N 69054'39" E 482.46 feet to the POINT
OF BEGINNING.
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS;
COUNTY OF WILLIAMSON
I, WM. F. FOREST, JR., do hereby certify that this survey was made on the ground of the property legally described
hereon, under my supervision. This description is true and correct to the best of my knowledge and belief. The attached
plat identifies any significant boundary line conflicts, shortages in area, apparent protrusions, intrusions or overlapping
of improvements. This property abuts a public roadway, except as shown. Ownership and easement
information for this tract has not been researched except as shown on the attached plat.
TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Texas, this the 31sT
day of January of 2011, A.D. File: Word: SMITHSCHOOL2.DOC
2L- -�f
1
WM.F. FOREST JR.
REGISTERED PROFESSIONAL LAND SURVEYOR
NO. 1847
-
cis
FOREST SURVEYING AND MAPPING CO.
1002 Ash St.
Georgetown, Tx. 78626
DESCRIPTION FOR CARRIE ANN BARTON SMITH TRACT 3
BEING 3.74 acres of the Francis A. Hudson Survey, Abstract No. 295, and the J.S. Patterson Survey, Abstract
No. 502, in Williamson County, Texas. This tract is a part of the 55.41 acre property which was partitioned to Carrie
Ann Barton Smith as described in the Partition Deed which is recorded in Doc. 2004049997, of the Official Records of
Williamson County, Texas (ORWCT). This tract was surveyed on the ground in January of 2011, under the
supervision of William F. Forest, Jr., Registered Professional Land Surveyor No. 1847. Survey note: The bearing basis
for this survey is the Texas Coordinate System of 1983, Grid North, Texas Central Zone.
BEGINNING at an iron pin which was set for the Northeast corner of this tract, for the upper Southeast corner
of a 26.96 acre Tract 4 which was described this date, and in the upper West boundary of an 11.05 acre Tract 2 which
was surveyed this date. An iron pin which was found at the most Northerly Northeast fence corner of the said 55.41
acre tract, in the upper West line of the 59.56 acre property that was conveyed to Celebration Church as described in
Doc. 2005003124 (ORWCT), and at the Southeast corner of the 49.86 acre property that was conveyed to Celebration
Church as described in Doc. 2005003123 (ORWCT), stands N 20'01'54" W 493.65 feet and N 69°54'39" E 482.46
feet.
THENCE with the upper West boundary of the said Tract 2 of 11.05 acres, along the general line of the
existing fence, S 20°51'20" E 136.58 feet to an iron pin which was set for the upper Southwest corner of Tract 2 and for
the Northwest corner of Tract 1 of 12.40 acres.
THENCE following the West boundary of said Tract 1 setting iron pins at fence corners as follows; (L 10) S 18'
19'23" E 68.18 feet; and (L11) S 05°59'58" W 97.50 feet; continuing with lines that are unfenced, (1,12) S 84'18' 21"
W 95.85 feet; (L13) S 08°34'52" E crossing a fence and passing West of a shed, in all 78.26 feet to an iron pin which
was set on the North side of a shed at its Northeast corner, (1,14) S 04°17'34" E 128.94 feet to an iron pin which was set
at a fence corner; rejoining the fenced boundary, (L15) N 87°12'20" E 53.52 feet to an iron pin which was set at a fence
corner; and S 08°00'36" E 456.93 feet to an iron pin which was set in the fenced North line of County Road I I I
(Westinghouse Road) as widened.
THENCE with the North line of County Road 111, as widened, following the North line of the 1.278 acre
parcel which was conveyed to Williamson County (Doc. 2007100116, ORWCT), (L2) S 69°56'01" W 33.05 feet to an
iron pin which was set at the lower Southeast corner of the said 26.96 acre Tract 4.
THENCE with the East boundary of the said Tract 4, setting %z inch iron pins at fence corners as follows; N 08'
42'03" W 304.10 feet; and (L6) N 31000'23" W 13.36 feet; N 55°28'08" W 353.61 feet; and N 11017'17" E 48.72 feet;
continuing with the East line of Tract 4 along an unfenced boundary, N 02°26'03" E 383.98 feet to an iron pin which
was set in an existing fence line.
THENCE with the boundary of Tract 4, setting iron pins in the fence, as follows; (L7) S 80°32' 10" E 63.59
feet; (L8) N 88°25'27" E 23.38 feet; (L9) N 85°14'57" E 36.75 feet; and N 76°46'05" E 127.08 feet to the POINT OF
BEGINNING.
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS;
COUNTY OF WILLIAMSON
I, WM. F. FOREST, JR., do hereby certify that this survey was made on the ground of the property legally described
hereon, under my supervision. This description is true and correct to the best of my knowledge and belief. The attached
plat identifies any significant boundary line conflicts, shortages in area, apparent protrusions, intrusions or overlapping
of improvements. This property abuts a public roadway, except as shown. Ownership and easement
information for this tract has not been researched except as shown on the attached plat.
TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Texas, this the 1
day of Feb. of 2011, A.D. File: Word: smith homesite 3.DOC
�I h./ .N........................
WM.F. FOREST JR. .......
LAND SURVEYOR NO. 1847
REGISTERED PROFESSIONAL
�. .
FOREST SURVEYING AND MAPPING CO.
1002 Ash St.
Georgetown, Tx. 78626
DESCRIPTION FOR CARRIE ANN BARTON SMITH TRACT 4
BEING 26.96 acres in Williamson County, Texas; situated in the Francis A. Hudson Survey,
Abstract # 295, and in the J.S. Patterson Survey, Abstract 4502; and potentially including small portions of
the John Powell Survey, Abstract # 491, and the E. Evans Survey, Abstract # 212. This tract is a part of the
55.41 acre property which was partitioned to Carrie Ann Barton Smith as described in the Partition Deed
which is recorded in Doc. 2004049997, of the Official Records of Williamson County, Texas (ORWCT).
This tract was surveyed on the ground in January of 2011, under the supervision of William F. Forest, Jr.,
Registered Professional Land Surveyor No. 1847. Survey note: The bearing basis for this survey is the Texas
Coordinate System of 1983, Grid North, Texas Central Zone.
BEGINNING at an iron pin which was found at the Northwest fence corner of the said 55.41 acre
tract and at the Southwest corner of the 49.86 acre property that was conveyed to Celebration Church as
described in Doc. 2005003123 (ORWCT). This corner exists in the East boundary of the property of the
W.D. Kelley Foundation (Ex. D. 82.8658 ac. Doc. 2002001129 ORWCT).
THENCE with the South boundary of the said 49.86 acre property of Celebration Church, and the
North boundary of the said 55.41 acre Smith property, along or near the general line of an existing fence, N
69054'39" E 1005.18 feet to an iron pin which was set at the Northeast corner of this tract and the Northwest
corner of Tract 2 of 11.05 ac. as surveyed this date.
THENCE following the West boundary of said Tract 1, along or near the general line of an existing
fence, S 200 01'54" E 493.65 feet to an iron pin which was set for the Northeast corner of a 3.74 acre Tract 3
which was surveyed this date.
THENCE with the boundary of the said 3.74 acre Tract 3, setting iron pins at bends in the fence, as
follows; S 76°46'05" W 127.08 feet; (L9) S 85014'57" W 36.75 feet; (L8) S 88°25'27" W 23.38 feet; and
(L7) N 80°32' 10" W 63.59 feet to an iron pin set.
THENCE continuing with the West boundary of the said Tract 3, along an unfenced boundary; S 02°
26'03" W 383.98 feet to an iron pin which was set at a fence corner, joining the general line of the existing
fence, setting iron pins at bends in the fence as follows; S 11°17' 17" W 48.72 feet; S 55°28'08" E 353.61
feet; (L6) S 31°00'23" E 13.36 feet; and S 08° 42'03" E 304.10 feet to an iron pin which was set in the
fenced North line of County Road I I I (Westinghouse Road) as widened.
THENCE with the North line of County Road 111, as widened, following the North line of the 1.278
acre parcel which was conveyed to Williamson County (Doc. 2007100116, ORWCT), S 69056'01" W
702.89 feet to an iron pin which was set in the lower West boundary of the Smith property. This corner
exists in the East boundary of the 0.696 acre property that was conveyed to the City of Round Rock (First
Tract 547/122).
THENCE with the boundary of the property of the City of Round Rock, finding iron pins at chain
link fence comers as follows; N 20°03'55" W 268.72 feet; and (L4) S 71'20'14" W 99.33 feet.
THENCE with the East boundary of the 82.8658 ac. property as described in Exhibit D which is of
record in a deed to the W.D. Kelley Foundation (Doc. 2002001129, ORWCT, 82.8658 ac., less exceptions),
finding iron pins at fence corners as follows; N 19°30'45" W 277.35 feet; N 19°50'26" W 256.84 feet; (L5)
N 68002'49" E 63.30 feet; N 2091'41" W 425.83 feet; and N 20041'53" W 193.08 feet to the POINT OF
BEGINNING.
DESCRIPTION FOR CARRIE ANN BARTON SMITH (TRACT 4) PAGE 2
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS;
COUNTY OF WILLIAMSON :
I, WM. F. FOREST, JR., do hereby certify that this survey was made on the ground of the property
legally described hereon, under my supervision. This description is true and correct to the best of my
knowledge and belief. The attached plat identifies any significant boundary line conflicts, shortages in area,
apparent protrusions, intrusions or overlapping of improvements. This property abuts a public roadway,
except as shown. Ownership and easement information for this tract has not been researched
except as shown on the attached plat.
TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Texas, this the 1ST
day of Feb. of 2011, A.D. File: Word: smith reserve 4.DOC
............................
r �•
I 'Ail I/,I/
F. FOREST JR............................:....
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 1847 ;
Exhibit "C"
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF GEORGETOWN, TEXAS
AND AMFP IV CHAPEL HILL LLC, MLL HORIZON INVESTMENTS LCC AND BILL
NATIONS, and CARRIE ANN BARTON SEPARATE PROPERTY REVOCABLE
TRUST
This Municipal Services Agreement ("Agreement") is entered into on the _25f,-- day of
. 2020 by and between the City of Georgetown, Texas, a home -rule
municipality, f the State of Texas ("City") and AMFP IV Chapel Hill LLC, MLL Horizon
Investments LLC and Bill Nations, and Carrie Ann Barton Separate Property Revocable Trust
(collectively, "Owner").
. ,A
The parties agree that the following recitals are true and correct and form the basis upon
which the parties have entered into this Agreement
WHEREAS, Section 43.0671 of the Local Government Code permits the City to annex an
area if each owner of land in an area requests the annexation;
WHEREAS, where the City elects to annex such an area, the City is required to enter into
a written agreement with the property owner(s) that sets forth the City services to be provided for
the Property on or after the effective date of annexation (the "Effective Date");
WHEREAS, Owner owns certain parcels of land located at 401 Westinghouse Road,
which consists of approximately 36.035 acres of land in the City's extraterritorial jurisdiction, such
property being more particularly described and set forth in Exhibit "A" attached and incorporated
herein by reference ("Property");
WHEREAS, Owner has filed a written request with the City for annexation of the
Property, identified as Annexation Case No. 2020-1-ANX ("Annexation Case");
WHEREAS, City and Owner desire to set out the City services to be provided for the
Property on or after the effective date of annexation;
WHEREAS, the Annexation Case and execution of this Agreement are subject to approval
by the Georgetown City Council; and
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein, City and Owner agree as follows:
1. PROPERTY. This Agreement is only applicable to the Property, which is the
subject of the Annexation Case.
2. INTENT. It is the intent of the City that this Agreement provide for the delivery
Owner -Initiated Annexation Service Agreement
of full, available municipal services to the Property in accordance with state law,
which may be accomplished through any means permitted by law.
3. MUNICIPAL SERVICES.
a. Commencing on the Effective Date, the City will provide the municipal
services set forth below. As used in this Agreement, "providing services"
includes having services provided by any method or means by which the
City may extend municipal services to any other area of the City, including
the City's infrastructure extension policies and developer or property owner
participation in accordance with applicable city ordinances, rules,
regulations, and policies.
i. Fire Protection and Emergency Medical Services — The City of
Georgetown Fire Department will provide response services in the
annexed area consisting o£ fire suppression and rescue; emergency
response to 9-1-1 calls; fire prevention education efforts, and other
duties and services provided by the Georgetown Fire Department.
ii. Police — The City's Police Department will provide protection and
law enforcement services.
iii. Planning and Development Building Permits. and Inspections
Services - Upon annexation, the City will provide site plan review;
zoning approvals; Building Code and other standard Code
inspection services; City Code enforcement; sign regulations and
permits; and Stormwater Permit services in the annexed area.
iv. Parks and Recreational Facilities. Residents of the Property will be
permitted to utilize all existing publicly -owned parks and
recreational facilities and all such facilities acquired or constructed
after the Effective Date (including community service facilities,
libraries, swimming pools, etc.), throughout the City. Any private
parks, facilities, and buildings will be unaffected by the annexation;
provided, however, that the City will provide for maintenance and
operation of the same upon acceptance of legal title thereto by the
City and appropriations therefor. In the event the City acquires any
other parks, facilities, or buildings necessary for City services within
the Property, the appropriate City department will provide
maintenance and operations of the same.
V. Other Publicly Owned Buildings. Residents of the Property will be
permitted to use all other publicly owned buildings and facilities
where the public is granted access.
vi. Libra — Upon annexation, library privileges will be available to
anyone residing in the annexed area.
Owner -Initiated Annexation Service Agreement
2
vii. Stormwater Utility Services — The Property will be included in the
City's Stormwater Utility service area and will be assessed a
monthly fee based on the amount of impervious surface. The fees
will cover the direct and indirect costs of stormwater management
services.
viii. Streets Roads and Street Lighting — The City will provide
preventative maintenance of the existing public streets and roads in
the annexed area over which it has jurisdiction through maintenance
and preventative maintenance services such as emergency pavement
repair; ice and snow monitoring; crack seal, sealcoat, slurry seal, and
PM overlay; and other routine repair. The City shall not maintain
private roads in the annexed area. Preventative maintenance
projects are prioritized on a City-wide basis and scheduled based on
a variety of factors, including surface condition, rideability, age,
traffic volume, functional classification, and available funding. As
new streets are dedicated and accepted for maintenance they will be
included in the City's preventative maintenance program.
ix. Water and Wastewater Facilities in the Annexed Area that Are Not
Within the Area of Another Water or Wastewater Utili — The City
owned water and wastewater facilities that exist in the annexed area
will be maintained in accordance with City ordinances, standards,
policies and procedures.
X. Solid Waste Services — The City will provide solid waste collection
services in accordance with existing City ordinances and policies,
except where prohibited by law.
xi. Code Compliance -- The City's Code Department will provide
education, enforcement, and abatement relating to code violations
within the Property.
xii. Animal Control Services — Upon annexation, the City shall provide
animal control services in the annexed area.
xiii. Business Licenses and Regulations — Upon annexation, the City
shall provide business licensing services (Carnivals Circuses and
Other Exhibitions; Electrician's Licenses; Gross Receipts Charge or
Street Rental; Peddlers and Solicitors; Taxicabs, Buses and Other
Vehicles for Hire; Horse Drawn Carriages and other Non -Motorized
Vehicles for Hire; Sexually Oriented Businesses; and Alcoholic
Beverages) in the annexed area.
b. The City will provide water service and wastewater treatment service to
developments established after the Effective Date in accordance with, and
on the schedule determined by, the City's extension policies, capital
Owner -Initiated Annexation Service Agreement
3
improvements schedule, and applicable law and at rates established by City
ordinances for such services.
The City may impose a fee for any municipal service in the area annexed if
the same type of fee is imposed within the corporate boundaries of the City.
All City fees are subject to revision from time to time by the City in its sole
discretion.
d. It is understood and agreed that the City is not required to provide a service
that is not included in this Agreement.
e. Owner understands and acknowledges that the City departments listed
above may change names or be re -organized by the City Manager. Any
reference to a specific department also includes any subsequent City
department that will provide the same or similar services.
4. SERVICE LEVEL. The City will provide the Property with a level of services,
infrastructure, and infrastructure maintenance that is comparable to the level of
services, infrastructure, and infrastructure maintenance available in other parts of
the City with topography, land use, and population density similar to those
reasonably contemplated or projected for the Property.
5. AUTHORITY. City and Owner represent that they have full power, authority and
legal right to execute, deliver and perform their obligations pursuant to this
Agreement. Owner acknowledges that approval of the Annexation Case is within
the sole jurisdiction of the City Council. Nothing in this Agreement guarantees
favorable decisions by the City Council.
6. SEVERABILITY. If any part, tern, or provision of this Agreement is held by the
courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity,
or unenforceability will not affect the validity of any other part, tern or provision,
and the rights of the parties will be construed as if the part, tern, or provision was
never part of the Agreement.
7. INTERPRETATION. The parties to this Agreement covenant and agree that in
any litigation relating to this Agreement, the terms and conditions of the Agreement
will be interpreted according to the laws of the State of Texas. The parties
acknowledge that they are of equal bargaining power and that each of them was
represented by legal counsel in the negotiation and drafting of this Agreement.
8. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in
Williamson County, Texas or the United States District Court for the Western
District of Texas, Austin Division and construed in conformity with the provisions
of Texas Local Government Code Chapter 43.
9. NO WAIVER. The failure of either party to insist upon the performance of any
term or provision of this Agreement or to exercise any right granted hereunder shall
not constitute a waiver of that parry's right to insist upon appropriate performance
Owner -Initiated Annexation Service Agreement
4
or to assert any such right on any future occasion.
10. GOVERNMENTAL POWERS. It is understood that by execution of this
Agreement, the City does not waive or surrender any of its governmental powers
or immunities.
11. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original and constitute one and the
same instrument.
12. CAPTIONS. The captions to the various clauses of this Agreement are for
informational purposes only and shall not alter the substance of the terms and
conditions of this Agreement.
13. AGREEMENT BINDS AND BENEFITS SUCCESSORS AND RUNS WITH
THE LAND. This Agreement is binding on and inures to the benefit of the parties,
their successors, and assigns. The term of this Agreement constitutes covenants
running with the land comprising the Property, is binding on the Owner and the
City, and is enforceable by any current or future owner of any portion of the
Property.
14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the parties and supersedes all prior oral and written agreements between
said parties. This Agreement shall not be amended unless executed in writing by
both parties.
Owner -Initiated Annexation Service Agreement
Executed as of the day and year first above written to be effective on the effective date of
annexation of the Property.
CITY OF GEORGETOWN
By: <1
Dale Ross
Mayor
Approved as jo Form:
Charlie McNabb
City Attorney
Attest:
Robyn De smore. TRMC
City Secretary
State of Texas §
County of Williamson §
This instrument was acknowledged before me on the ��� day o - , 2020, by
Dale Ross, Mayor of the City of Georgetown, a Texas municipal corporation, on behalf of said
corporation. j] ,
Notary Public, State of Texas
�.i'7•'�Fz_ LINDA RUTH WHITE
My Notary ID # 124936123
Expires May 24, 2020 _ J
Owner -Initiated Annexation Service Agreement
AMFP IV CHAPEL HILL LLC,
A TEXAS LIMITED LIABILITY COMPANY
By:
Name: Benjamin Friedman
Title: President
State of §
§
County of'JI-tidvjajo §
This instrument was acknowledged before me on thedav of . 2020, by
J- cif AMFP IV HAP)~ L LLC a
Texas limited liability company on behalf ofsaid limited liability company.
By:
[SEAL] Notary 1'ui?lic ate of t ��
,4tChAE: A poDEKMAi` F
VOTARY PU"UC-STATE OF NEW �U
No. 01 A161889'77
Qualified In Ne'^' �OLx County
Owner -Initiated Annexation Service Agreement
MLL HORIZON INVESTMENTS, L.L.C., a
Texas limited liabili company
By:
le:
r;tle:
STATE OF TEXAS
COUNTY OF WILLIAMSON
11 This instrument was acknowledged before me on the day of 2020.
by._.� RAI iIG -A A 14, lA& I�AgAAX K of MIJ(9 HORIZON
INVESTMENTS. L.L.C., a Texas limited liability company, of behalf of said limited liability company.
DEBRA K. HERNANDEZ
fir` Notary Public, State of Texes _
y''L Comm. Expires 12-10-2021 Notary Public Signature
r� T,.f7F i41`y�
Notary ID 11062057
r
BILL NATIONS
STATE OF TEXAS
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the U day of cl a AW 2020,
by Bill Nations.
a
�11'_N DEBRA K. HERNANDEZ
- 'Notary Public, State of Texas
,si'�.•` Comm. Expires 12-10-2021
Notary I62057
Owner -Initiated Annexation Service Agreement
:kA&"A&W
Notary Public Signature
CARRIE ANN BARTON SEPARATE PROPERTY
REVOCABLE TRUST, a Texas revocable trust
t r ■
Title: rip — ij .
CARRIE ANN BARTON SEPARATE PROPERTY
REVOCABLE TRUST, a Texas revocable trust
Name: ,r Co-rb cr4 u-eZ
Title: C -
STATE OF TEXAS
COUNTY OF WILLIAMSON
This i strument was acknowledged before me on the y of
2020, by and 1✓L
of tic CA RI ANN BARTON SEPARATE
PROPERTY REVOCABLE TRUST, a Texas revocable trust, of behalf of said trust.
(seal)
DEBRA K. HERNANDEZ
Notary Public, State of Texos
Comm. Expires 12-1 o-2021
p!�s;;�``�� Notary ID 11062057
Owner -Initiated Annexation Service Agreement
Notary Publ%ignature
EXHIBIT A
EXHIBIT "A"
County: Williamson Page 1 of 3
Project: Barton Chapel Hill Annexation May 31, 2018
Halff AVO: 33994.001
BEING A DESCRIPTION OF 36.035 ACRES OF LAND, SITUATED IN THE FRANCIS A. HUDSON SURVEY,
ABSTRACT NO.295, AND THE JOHN POWELL SURVEY, ABSTRACT NO.491, WILLIAMSON COUNTY, TEXAS,
BEING A PORTION OF THOSE CERTAIN TRACTS DESCRIBED AS TRACT I CONTAINING 12.40 ACRES AND
TRACT If CONTAINING 3.74 ACRES IN A TRUSTEE'S SPECIAL WARRANTY DEED TO CHILDREN AT HEART
FOUNDATION, OF RECORD IN DOCUMENT NO.2027006685, OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS (O.P.R.W.C.T.) AND A PORTION OF THE REMAINDER OF THAT CERTAIN 55.41 ACRE TRACT
DESCRIBED IN AN EXECUTOR'S SPECIAL WARRANTY DEED TO TERRI LEANNE WISIAN AND MERRY CAROL
RODRIGUEZ, CO -TRUSTEES OFTHE CARRIE ANN BARTON SMITH SEPARATE PROPERTY REVOCABLE TRUST,
OF RECORD DOCUMENT NO. 2017004719, O.P.R.W.C,T.; SAID 36.035 ACRES OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an angle point in the easterly line of said 55.41 acre tract, same being in the westerly line
of that certain 59.56 acre tract described in a General Warranty Deed to Celebration Church, of record In
Document No. 2D05003124, O.P.R.W.C.T., same being an angle point in the irregular southerly line of that
certain 98.22 acres annexed into the City of Georgetown, Texas by Ordinance No. 2014-32;
THENCE, with the easterly line of said 55.41 acre tract, same being the westerly fine of said 59.56 acre
tract, with said City of Georgetown City Limits Line, 521'38'30"E, a distance of 635.00 feet (Called
S21'38'30"E) to a point in the existing City Limits Line of Georgetown, Texas as annexed by Ordinance No.
86-54, same being a line 500 foot north of and normal to the old northerly right -of --way line of
Westinghouse Road, for the southeasterly comer of the tract described herein;
THENCE, with the southerly line of the tract described herein, with the said existing City Limits Line of
Georgetown, Texas, over and across said 55.41 acre tract, the following seven (7) courses and distances:
1. 568'23'00"W, a distance of 13BA8 feet (Called S68123'W) to a point;
2. S69"00'00"W, over and across said Children at Heart Foundation Tracts 1 & 3, a total distance of
732.10 feet (Called S69"00'W) to a point;
3. S58'29'30"W, continuing over and across said Children at Heart Foundation Tract 3, a distance of
46.96 feet (Called S58'29'30"W) to a point;
4. S64'40'30"W, continuing over and across said Children at Heart Foundation Tract 3, a distance of
5.07 feet (Celled S64.40'30"W) to a point;
5. 568"05'30"W, continuing over and across said Children at Heart Foundation Tract 3, a distance of
58.24 feet (Called S68'05'30"W) to a point;
6. S69'27'00"W, continuing over and across said Children at Heart Foundation Tract 3, and over and
across said 55A1 acre remainder tract, a distance of 103.95 feet (Called S69'27'W) to a point; and
7. S68'55'04"W, continuing over and across said 55.41 acre remainder tract, a distance of 660.67
feet (Called 568'55'W) to a point in the westerly line of said 55.41 acre tract, same being In the
easterly line of that certain called 5.2420 acre tract described in a Special Warranty Deed to Group
1 Realty, Inc., of record in Document No. 2016043868, O.P.R.W.C.T. for the southwesterly corner
of the tract described herein, same also being the southeasterly comer of that certain 6.14 acre
tract annexed into the City of Georgetown, Texas by Ordinance No. 2013.24;
Owner -Initiated Annexation Service Agreement
10
EXHIBIT "A"
County: Williamson Page 2 of 3
Project: Barton Chapel Hill Annexation May 31, 2018
Halff AVO: 33984.001
THENCE, with the westerly line of said 55.41 acre tract, and the westerly line of the tract described herein,
same being the City Limits Line, the following five (5) courses and distances:
1. N21'DS'00"W, a distance of 77.28 feet (Called N21'05'W) to a point for the southeasterly corner
of Lot 1, Mercedes Bent of Georgetown, a subdivision of record in Document No. 2013078846,
Plat Records of Williamson County, Texas (P.R.W.C.T.);
2. N21'24'30"W, with said City Limits Line, a distance of 256.69 feet (Called N21'21'30"W, a distance
of 256.69 feet) to a point;
3. N66'24'00"E, with said City Limits Line, a distance of 63.15 feet (Called N66'24'E, a distance of
63.15 feet) to a point;
4. N22'D5'30"W, with said City Limits Line, passing the southeasterly corner of that certain 4.503
acre tract annexed into the City of Georgetown, Texas by Ordinance No. 2013-23, same being the
southeasterly corner of Lot 1, Mac Haik Ford Truck Subdivision, a subdivision of record in
Document No. 2013074700, P.R.W.C.T., a total distance of 425.85 feet (Called N22'05'30"W, a
distance of 425.85 feet) to a point; and
5. N22'07'30"W, with said City Limits Line, a distance of 193.22 feet (Called N22'07'30"W, a distance
of 193.22 feet) to a point for the northwesterly corner of said 55.41 acre tract and the
northwesterly corner of the tract described herein, same being the southwesterly corner of that
certain 49.86 acre tract described in a General Warranty Deed to Celebration Church, of record in
Document No. 2005003122 & Document No. 2005003123, O.P.R.W.C.T, and being the
southwesterly corner of said 98.22 acre annexation tract;
THENCE, with the northerly line of said 55.41 acre tract, the northerly line of the tract described herein,
with the southerly line of said 49.86 acre tract, and the southerly line of said 98.22 acre annexation tract,
N68'21'30"E, a distance of 1487.07 feet (Called N68'21'30"E, a distance of 1487.OB feet) to a point for the
northeasterly corner of said 55.41 acre tract and the northeasterly comer of the tract described herein,
same being the southeasterly corner of said 49.86 acre tract and being in the westerly line of said 59.56
acre Celebration Church tract;
THENCE, with the easterly line of said SSA1 acre tract, same being the easterly line of the tract described
herein, same also being the irregular southerly line of said 98.22 acre annexation tract, and the westerly
line of said 59.56 acre tract, the following two (2) courses and distances:
1. S21'14'06"E, a distance of 328.23 feet (Called S21'14'06"E, a distance of 328.23 feet) to a point,
and
2. N68'21'30"E, a distance of 200.00 feet (Called N68'21'30"E, a distance of 200.00 feet) to the
POINT OF BEGINNING and containing 36.035 acres of land, more or less, within these metes and
bounds.
Owner -Initiated Annexation Service Agreement
11
EXHIBIT "A"
County: Williamson
Project: Barton Chapel Hill Annexation
Halff AVO: 33984.001
Page 3 of 3
May 31, 2018
Basis of bearings is the 55.41 acre tract described in said Document No. 2017004719, O.P.R.W.C.T.
This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground
survey, and Is not to be used to convey or establish interests in real property except those rights and
Interests implied or established by the creation or reconfiguration of the boundary of the political
subdivision for which It was prepared. There Is an exhibit to accompany this description.
Prepared by:
COLEEN MARIE JOH H 60K
J --M, 2018
Cole I-n M. 30hnso .P.1.5. Date
Registered Profes 'v ial Land Surveyor
Texas Registration No. 4871
Halff Associates, Inc., TBPLS Firm No.10029607
9500 Amberglen Blvd., Bldg. F, Suite 125
Austin, Texas 78729
512-777-4600
Owner -Initiated Annexation Service Agreement
12
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BASIS OF BEARINGS IS THE 55.41 ACRE TRACT DESCRIBED IN EXECUTOR'S
SPECIAL WARRANTY DISTRIBUTION DEED TO TERRI LEANNE WISIAN AND MERRY
CAROL RODRIGUEZ AS CO -TRUSTEES OF THE CARRIE ANN BARTON SMITH
SEPARATE PROPERTY REVOCABLE TRUST OF RECORD IN DOCUMENT NO.
2017004719. O.P.R W C.T.
THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE
RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY
OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND
INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION
OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS
PREPARED. THERE IS A DESCRIPTION TO ACCOMPANY THIS EXHIBIT.
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ANNEXATION EXHIBIT
HUIBED DSON SURVEY, ABSCT NO, 295, WILLIAMSON COUNTY, TEXAS,
THER111
jIA1 HALF F•
31D SCRA.
BEING A PORTIONOUT OF TRACTS 1OF
IN A TRUS EE'SSPSPECIAL WARRANTY DISTRIBUTION DEED TO
CHILDREN AT HEART FOUNDATION. OF RECORD IN DOCUMENT NO. 2017006685, O.P.R.W.C.T, AND A PORTION
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DEED TO TERRI LEANNE WISIAN AND MERRY CAROL RODRIGUEZ AS CO -TREES OF THE CARRIE ANN BARTON
Isnernylr<I 1o.2W
SMITH SEPARATE PROPERTY REVOCABLE TRUST, OF RECORD IN DOCUMENT NO. 2017004719, O.P.R.W.0 T.
;r-Initiated Annexation Service Agreement
13
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TABLE OF CONTENTS
I. GENERAL PROVISIONS......................................................................................1
II. ZONING AND LAND USE..........................................................................3
III. DEVELOPMENT STANDARDS.........................................................................4
IV. ACCESS, CIRCULATION, AND PARKING....................................................5
V. OPEN SPACE, LANDSCAPING, AND IMPERVIOUS COVER................6
VI. SIGNAGE..................................................................................................................7
VII. LIST OF EXHIBITS....................................................................................I...........8
Title
This document is known as "Chapel Hill Planned Unit
Development," and may be cited as "Chapel Hill PUD"
or "this PUD" or "this document."
Property
The Chapel Hill PUD is located on Westinghouse Road,
a.k.a. CR 111. The "Property" includes approximately
54.14 acres and may also be referred to as the "site,"
"project," or "development."
Purpose and Intent
The Chapel Hill PUD is intended to provide a framework
for a quality mixed -use environment integrating mixed
commercial, high -density residential, open space. The
PUD is intended to integrate good planning practices
to meet the spirit and intent of the Georgetown
Unified Development Code (UDC).
Development Rights
The Project is defined as a mixed -use development
described in this PUD. Development of the Property
will occur through a series of submittals to the City
to obtain the proper approvals and permits. All
standards and regulations not specified in this PUD
are governed by the "Unified Development Code of
the City of Georgetown, Texas" in effect on the date
of approval of the Development Agreement with the
landowners, developer and City (February 12, 2019).
In those cases where in conflict with the UDC, this
PUD shall take precedence.
Base Zoning Districts
The base zoning districts for the PUD are MF-2, High -
Density Residential and C-1, Local Commercial. Except
as expressly provided herein, all development within
this PUD shall comply with the allowed land uses and
required development standards in the MF-2 and C-1
Districts. The terms of this PUD shall control unless
otherwise specified herein.
Definitions
This PUD shall follow the definitions established
in Chapter 16, Definitions, of the UDC, except as
expressly identified herein.
Severability
If a regulation, article, section, phrase, clause, term,
word, or part of this PUD is considered invalid, it will
not affect the applicability and enforceability of the
remaining portions of this PUD.
Modifications and Amendments
Technical or engineering considerations may call
for minor deviations from the approved PUD. Minor
deviations may be approved by the Director if they are
consistent with the intent of the original PUD approval.
Minor deviations include adjustments in area not to
exceed 10%, numerical deviations to the standards set
forth in this PUD not to exceed 10%, final locations
of green space, trails, stormwater facilities, driveways
and/or access points. Changes to the approved PUD
that the Director determines are not minor deviations
require a PUD amendment.
Graphics, illustrations and exhibits in this PUD are
for illustrative purposes only and are subject to
change. Precise location of streets, driveways, trails,
stormwater facilities, lot layouts, building elevations,
and amenities, etc. will be determined at Site
Development Plan.
GUIDING PRINCIPLES
As the site develops, a series of aspirational guiding principles will be considered by
designers. These principles include:
• Promoting quality design and aesthetics that integrate different land uses
• Generating sufficient density to support commercial amenities and services
Ensuring careful preservation of unique natural features
■ Enhancing the image of the site from the public street and view corridor
2
Chapel Hill is planned as a cohesive, mixed -use
environment supportive of the mix of uses in the
corridor. The MF-2 area is intended for attached
residential development, such as apartments and
condominiums. The C-1 area is intended to provide
areas for commercial retail and employment activities.
BASE ZONING
The base zoning districts for this PUD are Local
Commercial (C-1) and Multifamily High Density (MF-
2), as depicted in "Exhibit C.1." This page provides a
summary of the two base zoning districts.
LAND USES
Except as provided in this PUD, Chapel Hill land uses
shall be governed by the allowances and procedures
established in Chapter 5 of the UDC, as of the effective
date of the Development Agreement (February 12,
2019).
Prohibited Land Uses
In addition to specified land uses that are prohibited in
Chapter 5 of the UDC at the time of the Development
Agreement, the uses outlined in Table C.1 are also
prohibited throughout the Development.
Table C.1 Prohibited Land Uses
Prohibited Land Uses
1. Cemetery, Mortuary, or funeral home
2. Correction Facility
3. Firing Range (Indoor or Outdoor)
4. Manufactured Housing
S. Manufactured Housing Sales
6. Pawn Shop
7. RV Sales, Rental or Service
8. Self -Storage, Outdoor
9. Sexually -oriented business
10. Transient Service Facility
11. Waste -Related Uses
12. Wrecking, Scrap and Salvage Yard
Additional Permitted Land Uses
In addition to the land use allowances in Chapter 5,
Chapel Hill includes additional permitted primary land
uses, as described in Table C.2.
Any "Permitted" uses added by the City to the C-1 and
MF-2 Districts in the UDC following the effective date
of this PUD shall, upon adoption, become a Permitted
use in the Development.
Table C.2 Additional Permitted Land Uses
1. Restaurant, General
2. Restaurant, Drive -Through
3. Food Catering Services
4. Live Music or Entertainment
5. Printing and Publishing
6. Office/Warehouse
7. Office/Showroom
8. Research, Testing and Development Lab
9. Manufacturing, Processing and Assembly,
Limited
10. Commercial Document Storage
Additional
1. Office
2. Multifamily, Detached Dwelling Units
3. Townhouse
Notes:
• All primary uses in Table C.2 are permitted by -
right without supplemental requirements or
special use permits.
3
C-1
None
15
10
0
10
40
45
10
482
No min.
WESTINGHOUSE OVERLAY
these driving lanes. This appearance may include the
• Sustainable building materials that are in harmony
with other buildings on site. Building materials
are not intended to be the same throughout
the property, but should retain elements of
consistency.
• At the landowner/builder's discretion masonry
building materials to provide an enhanced, high -
quality storefront appearance are encouraged.
Additionally, commercial site development plans that
include areas within this overlay, shall include enhanced
No min. landscaping at 30% over the UDC requirements. This
enhanced landscaping shall be eligible for impervious
cover bonuses, as shown in Table F.1, Impervious
Cover. This area shall include water -wise species and
irrigation techniques to ensure water conservation
Notes and encourage an open, natural appearance. Small
Perimeter Setback applies to outer boundary of property to medium-sized trees shall be clustered and
zResidential Units in commercial area allowed for upper -story only intermittingly spaced, with a variety of species and
3No building wall shall exceed 240 feet in length seasonal interest. For the increased landscaping over
the code minimums, Ornamental Trees are allowed to
count for 100% of the additional Shade Tree amounts
to allow for placement within utility easements closer
to Westinghouse.
All buildings facing the overlay area depicted on C.1
shall present an architectural appearance towards
following:
• Variation of wall planes, with offsets and
MF-2 articulation.
None Building design elements such as awnings,
windows, doors, lighting, and other architectural
15 features found on primary facades. (main entry to
10 building not required to face these streets).
10
45
483
10
N/A
10
N/A
Along Westinghouse Road and part of the entry
drive, an "overlay" area, as designated on Exhibit C.1,
is intended to provide a cohesive appearance and
green buffer from the high-speed public street. This
area will be framed by a 40-foot green street setback
from Westinghouse, where no buildings or parking
lots shall be located (setback does not apply adjacent
to the main entry drive).
DEVELOPMENT STANDARDS
Table D.2 Development Standards
Minimum Lot Size
Minimum Lot Width (feet)
Perimeter' Setback (feet)
Internal Commercial Lot Setback (feet)
Setback to a Residential District (feet)
Westinghouse Road Setback
Building Height (feet)
Building Separation (feet)
Residential Units per Building (max.)
Residential Dwelling Unit Size (min.)
Sidewalk - Westinghouse Road (feet)
In
SITE ACCESS
Access to the 54 acres will betaken from Westinghouse
in the form of three driveways, as generally depicted
in "Exhibit C.2." The final number of driveways and
locations of each will be studied with the T.I.A. to
determine the number of and precise locations, based
on speed and sight distance analysis.
In order to promote a cohesive site, shared access
points and private driveway circulation will ensure a
sense of inclusion and commonality.
The main entry will be constructed and designated as a
driveway, serving both the residential and commercial
uses on the site.
Traffic circulation throughout the site will primarily be
achieved through private driveways. A traffic calming
feature such as a traffic circle may be installed at the
developer's election.
Gated access is allowed for the multifamily
development. Stacking depths for gates located on
an internal driveway shall not be required to exceed
one (1) car length. If a gated entry is directly adjacent
to a public street, a stacking of four (4) car lengths is
required.
PEDESTRIAN AND BICYCLE
A 6-foot sidewalk adjacent to Westinghouse
Road shall be built with the first multi -family Site
Development Plan, from the main entry drive to the
eastern boundary line.
A 6-foot sidewalk adjacent to Westinghouse Road
from the main entry drive to the western boundary
line shall be designed and constructed with the first
commercial Site Development Plan located in the C-1
Area west of the main entry drive.
To provide connectivity within the site and non -
vehicular access to commercial areas within the site
and beyond, a 10' pedestrian path shall be constructed
from the first multi -family site to the Westinghouse
Road sidewalk, in a location at the developer's
choosing. This path shall be constructed prior to the
last phase of the first multi -family site. Any future
residential sites shall also connect to the Westinghouse
sidewalk, through a separate route or by connecting
to the first multi -family site's constructed path.
PARKING SPACE / PARKING LOT DESIGN
Tandem Parking may be utilized for multi -family up
to 20% of required parking, but only when the front
vehicle is designated inside of a garage or carport. All
such parking shall be demarcated as reserved.
Aisle Widths for driveways interior to the site
without parking on either side of the aisle shall be a
minimum of 22 feet in width. Driveways less than 26
feet shall be signed or marked for no parking.
OFF-STREET PARKING REQUIREMENTS
Off-street parking shall generally adhere to the UDC
Chapter 9 requirements, except as specified in Table
E.1 below. Shared parking may be considered by the
Director in areas where commercial and office uses
are permitted.
Table E.1 Vehicular Parking
C-1 M F-2
Household Living 1 per 1 BR -unit; 1 per 1 BR -unit;
IS per 2+ BR -unit 2 per 2+ BR -unit
Mixed -Use Retail 1 per 200 1 per 200
Center (GFA)
Professional and
Business Offices 1 per 300 1 per 300
(GFA)
All Other Uses As specified in UDC Chapter 9
Terms:
BR = Bedroom
GFA = Gross Floor Area square footage
Open space and shared stormwater facilities are
necessary components of this development due to
the ridgeline and topography throughout the site.
COMMON AREA AMENITIES
Development within the multifamily area shall provide
on -site amenities according to the UDC.
LANDSCAPING AND BUFFERING
All landscaping on site shall be in conformance with
Chapter 8 of the UDC, except as stated below for
bufferyards and boundary walls.
Bufferyards internal to the site shall not be required
between commercial and multifamily development,
regardless of zoning district.
Residential Boundary Walls will not be required in
order to maintain the open aesthetic of the natural
landscape. Wrought -iron or similar fencing may
be constructed along Westinghouse Road at the
developer's discretion, not to exceed six (6) feet in
height.
TREE PRESERVATION/MITIGATION
Trees shall be protected on -site and mitigation
measures taken for removals in accordance with
Chapter 8 of the UDC.
The "Rocky Grove" tree stand shall be substantially
retained to support the guiding principle of
preservation of natural elements and open spaces.
The Rocky Grove is defined as the group of Heritage
Trees along the east ridge of the Property, as shown
on the plat for this area. Any removals within this
tree stand shall be well -justified when proposed for
removals, and meet the mitigation requirements in
Chapter 8 of the UDC.
IMPERVIOUS COVER
Impervious cover maximum per -acre percentages
are specified below in Table F.I. To achieve higher
impervious cover percentages, the following features
are established on the Conceptual Master Plan
("Exhibit C.1"):
1. Low Impact Design - Regional wet pond;
2. Preservation of Natural Areas - The Rocky Grove
tree stand; and
3. Over -provision of Landscaping.
Table F.1 Impervious Cover
Commercial Multifamily
Impervious Cover - Overall (max.)
60%
50%
Regional Wet Pond
+7%
+7%
Preservation of Native Tree Stands
+5%
+5%
Extra Landscaping
+3%
+3%
1. Bonuses may be achieved for all uses. All uses may get credit for a
regional wet pond if the pond retains drainage from each.
2. Multifamily development may include portions of the commercial area
property as part of the calculation of impervious cover as long as the
area and calculation are depicted on a Site Development Plan.
0
Signage and commercial identification are critical
to the success of the project because most of the
development will not have frontage on Westinghouse
Road. So that internal businesses and multifamily
providers can advertise their presence to the public,
additional signs and sizes are permitted. A cohesive
design theme along Westinghouse Road will be
presented with a Master Sign Plan. Prior to approval
of the first sign permit for any portion of the property,
a Master Sign Plan shall be submitted to the City.
Except as specified in this PUD, all other signage shall
be in conformance with Chapter 10 of the UDC.
SIGN TYPES ESTABLISHED
The following sign types are permitted within the site:
• Westinghouse Low -Profile Monument Signs
• Westinghouse Entry Monument Signs
• Interior Low -Profile Monument Signs
• Building Wall Signs
• Exempt and Provisionally Exempt Signage
SIGN LOCATIONS
Signs will be located for optimal identification
and direction for the end -users on the site. Final
locations will be determined by, but not limited to,
lot boundaries, driveway layouts, building locations,
and other similar factors. Sign setbacks shall be in
accordance with the UDC.
Table GA Sign Standards
SIGN DESIGN AND MATERIALS
Sign materials will tend to evoke the architectural
elements associated with the site's buildings.
Accordingly, the sign design and material palette
may vary based on the sign location and context but
will remain consistent with the general design theme
established in the master sign plan.
Sign height and area maximum dimensions can be
found in Table G.1, below. Sign Base materials shall
consist of Class I masonry material at a minimum
height established in Table G.1. Additional landscaping,
beyond minimum requirements, will be provided
around the base of the signs, and will be submitted at
the time of sign permit.
ENTRY SIGNAGE
The primary front door for Chapel Hill is the Barton
Drive shared private entry from Westinghouse Road. It
is essential that any multi-user development also hasve
relevant signage and street expression to advertise
their locations. The Westinghouse Entry monument
signs will have plant and monument landscaping
features in addition to the signage allowed in Table
G.1. These features will help define a sense of place for
both residents and patrons.
Max. # of Sign Height Sign Face Total Sign Area Sign Base
Signs (max. ft.) Area (max. sq. ft.) (max. sq. ft.) (min. height)
Westinghouse Low -Profile Monument 4 6 45 60 181,
Westinghouse Entry Monument 2 8 64 80 24"
Interior Low -Profile Monument 4 5 32 40 18"
Building Wall Signs As set out in Chapter 10 of the UDC
Exempt and Provisionally Exempt As set out in Chapter 10 of the UDC
Note: Directional signage within the site may contain the names of businesses and residential communities located within the site
7
Exhibit C.1 -- Conceptual Master Plan
Exhibit C.2 -- Driveway Access Locations
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LEGEND
MF-2 Multi -family
C-1 Local Commercial
Westinghouse Overlay
C 40' 80 160
SCALE: 1" = 40r
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LEGEND
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Primary Drive
M
Secondary Drive
6383187 -5357521
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