HomeMy WebLinkAboutORD 2020-57 - ANX PUD Preserve at Water OakOrdinance No. � �'" 5
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 of certain territory and designation of Planned Unit
Development (PUD) zoning district, with base districts of Local Commercial (C-
1), Office (OF), and the Scenic/Natural Gateway Overlay for 20.26 acres, more or
less, in the Isaac Donagan Survey, Abstract No.178, to be known as the Preserve
at Water Oak PUD, as described herein; repealing conflicting ordinances and
resolutions; including a severability clause; and establishing an effective date.
Whereas, the owners of the area proposed for annexation requested annexation of the area
by the City of Georgetown ("City"), pursuant to Local Government Code Section 43.0671; and
Whereas, all of the herein -described property lies within the extraterritorial jurisdiction
of the City of Georgetown, Texas; and
Whereas, the Georgetown City Council approved a Municipal Services Agreement for the
subject property on March 24, 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, the Planning & Zoning Commission, at a meeting on August 4, 2020, held the
required public hearings and submitted a recommendation of approval with the following
conditions (listed below) to the City Council on the initial zoning request; and
1. Addition of a masonry wall along the entirety of Lot 6 of the adjacent property,
2. Limit the automobile -oriented special use permit uses in Area A to no more than 20% of the
total floor plan allowed in Area A,
3. That lighting be restricted to zero candle foot at the south and west property lines, all
exterior light fixtures must be completely shielded,
4. No pole mounted lights to be installed around the water feature in the southwest portion
of the property.
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.
Ordinance No. .20w _ Page 1 of 3
Project Name: The Preserve at Wate Oak PUD, 20.26 acres 2020-2-ANX
Date Approved: September 8, 2020 Exhibit A,B,C, D attached
Section 2. The City Council of the City of Georgetown hereby annexes into the city limits
20.26 acres in the Isaac Donagan Survey, Abstract No. 178, as shown in "Exhibit A" and as
described in "Exhibit B" of this ordinance (the "Property"). The Property is hereby included in
City Council District 2, as it is adjacent to Council District 2 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) zoning
district, with base districts of Local Commercial (C-1), Office (OF), and the Scenic/Natural
Gateway Overlay is appropriate for the Property (described in "Exhibit B") and is consistent with
the City's Comprehensive Plan, and upon annexation the Property shall have a zoning of Planned
Unit Development (PUD) zoning district, with base districts of Local Commercial (C-1), Office
(OF), and the Scenic/Natural Gateway Overlay in accordance with "Exhibit D" (PUD
Development Plan). The City's Official Zoning Map shall be amended accordingly.
Section 4. Upon annexation of the Property, the City shall provide to the 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 Property
not listed in the Agreement.
Section 5. 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 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 accordance with
the City Charter.
Passed and Approved on First Reading on the 251h day of August 2020.
Passed and Approved on Second Reading on the 811, day of September 2020.
Ordinance No. ?-hZD Page 2 of 3
Project Name: The Preserve at Water Oak PUD, 20.26 acres 2020-2-ANX
Date Approved: September 8, 2020 Exhibit A,B,C, D attached
The City of Georgetown:
�L
Dale Ross
Mayor
Approved as to form:
1
Skye k6rsson
City Attorney
Ordinance No.
Project Name: The Preserve at Water Oak PUD, 20.26 acres
Date Approved: September 8, 2020
Attest:
Robyn Densmore, TRMC
City Secretary
Page 3 of 3
2020-2-ANX
Exhibit A,B,C, D attached
JPH Land Surveying, Inc.
Dallas -Fort Worth * Austin * Abilene
(PAGE 1 OF 4) EXHIBIT "B"
LEGAL DESCRIPTION
t,aNd
FIELD NOTES for a 20.26 acre tract situated in in the Isaac Donagan
Suz`� .
Survey, Abstract No. 178, Williamson County, Texas, being the tract described in a deed to
3701 SH29 LLC (hereafter referred to as 3701 SH29 tract), recorded under Instrument Number
2019030375, of the Official Public Records of Williamson County, Texas; the subject tract
being more particularly described as follows:
BEGINNING at a 1/2 inch rebar found in the southerly line of State Highway No. 29
(a called 100' wide right-of-way as shown in Williamson County Right-of-way
Map Control 337, Section 01, Job 02), at the northwest corner of said 3701 SH29
tract, and at the northeast corner of a called 17.5' right-of-way dedication, as
shown on Final Plat Water Oak North, Section 1, a subdivision recorded under
Instrument Number 2013033404, of said Official Public Records;
THENCE along the southerly line of said State Highway No. 29, the following bearings
and distances:
SOUTH 86" 52' 59" EAST, a distance of 207.95 feet to a 1/2 inch rebar found;
2. SOUTH 860 38' 57" EAST, a distance of 192.19 feet to a 1/2 inch rebar found;
3. SOUTH 860 46' 36" EAST, a distance of 410.62 feet to a 1/2 inch rebar found at
the westerly corner of the tract described in a Warranty Deed to Steve W. Wilson
and wife, Theresa K. Wilson (hereinafter referred to as Wilson tract), recorded
under Instrument Number 199979200 of said Official Public Records;
THENCE along the southwest line of said Wilson tract the following bearings and
distances:
1. SOUTH 210 07' 24" EAST, a distance of 198.76 feet to a 1/2 inch rebar found;
2. SOUTH 650 14' 3 1 " EAST, a distance of 106.20 feet to a 3/8 inch rebar found;
3. SOUTH 660 14' 26" EAST, a distance of 42.44 feet to a 1/2 inch capped rebar
stamped "FOREST 1847" found;
Dallas -Fort Worth Austin Abilene
785 Lonesome Dove Trail 1516 E. Palm Valley Blvd., Ste. A4 500 Chestnut Street, Suite 702
Hurst, Texas 76054 Round Rock, Texas 78664 Abilene, Texas 79602
(817)431-4971 (512)778-5688 (325)672-7420
Firm #10019500 Firm #10194073 Firm #10193867
W W W. JPHLAND SURVEYING. COM
(PAGE 2 OF 4)
4. SOUTH 690 21' 47" EAST, a distance of 172.30 feet to a 1/2 inch rebar found at
the northwest corner of the tract described in a General Warranty Deed to
William Charles Bagwell and Patricia C. Bagwell, Trustees of The Bagwell -
Cody Trust (hereinafter referred to as Bagwell tract), recorded under Instrument
Number 2010025183, of said Official Public Records;
THENCE SOUTH 06" 50' 04" EAST, along the west line of said Bagwell tract, a distance
of 649.79 feet to a 1/2 inch rebar found at the northeast corner of Lot 3, Block
C, of said Water Oak North, Section 1;
THENCE NORTH 880 27' 50" WEST, along the north line of said Lot 3 and Block A of
Water Oak North, Sections 2 and 3, Phase 1 Final Plat, a subdivision recorded
under Instrument Number 2014100976 of said Official Public Records, a
distance of 178.45 feet to a 1/2 inch rebar found in the northerly terminus of
Cross Mountain Trail (a called 55' wide right-of-way shown on said Water Oak
North, Sections 2 and 3);
THENCE NORTH 880 34' 42" WEST, along the north line of Block A of said Water Oak
North, Sections 2 and 3, Phase 1 Final Plat and the north line of Block A of said
Water Oak North, Section 1, a distance of 699.49 feet to a 1/2 inch rebar found;
THENCE NORTH 210 07' 39" WEST, continuing along the east line of Block A of said
Water Oak North, Section 1, a distance of 1,046.73 feet returning to the Point of
Beginning and enclosing 20.26 acres.
BEARING BASIS NOTE
The bearings described herein are Texas State Plane Grid bearings (Texas Central Zone, NAD83)
Cole Strevey
Registered Professior
Land Surveyor No. 6'
cole@jphls.com
Date: March 9, 2020
Dallas -Fort Worth
785 Lonesome Dove Trail
Hurst, Texas 76054
(817)431-4971
Firm #10019500
Austin
1516 E. Palm Valley Blvd., Ste. A4
Round Rock, Texas 78664
(512)778-5688
Firm #10194073
Abilene
500 Chestnut Street, Suite 702
Abilene, Texas 79602
(325)672-7420
Firm #10193867
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Exhibit C
VkVJ M IM MR M1 Do MVA ;7040431VIY
BETWEEN THE CITY OF GEORGETOWN, TEXAS
AND 3701 SH29 LLC
This Municipal Services Agreement ("Agreement") is entered into on (lie day of
_ ( m&. , Z07& by and between the City of Georgetown, Texas, a home -rule
municipality of the State of Texas ("City") and 3701 SH29 LLC ("Owner").
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 3701 W. SH 29, which consists
of approximately 20.26 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. 2020-2-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
of full, available municipal services to the Property in accordance with state law,
which may be accomplished through any means permitted by law.
Owner -Initiated Annexation Service Agreement
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.
Fire: Protection and Emergency Medical Services — The City of
Georgetown Fire Department will provide response services in the
annexed area consisting of: 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.
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. Library — Upon annexation, library privileges will be available to
anyone residing in the annexed area
vii. Stonnwater 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
Owner -Initiated Annexation Service Agreement
2
will cover the direct and indirect costs of stormwater management
services.
viii. Streets, Roads, and Street _Lightin_g — 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 Utility —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. SoIid 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 RMulations — 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
improvements schedule, and applicable law and at rates established by City
ordinances for such services.
C. The City may impose a fee for any municipal service in the area annexed if
Owner -Initiated Annexation Service Agreement
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, term, 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, term or provision,
and the rights of the parties will be construed as if the part, term, 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 party's right to insist upon appropriate performance
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
Owner -initiated Annexation Service Agreement
4
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.
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: 1/416C .
Dale Ross
Mayor
Owner -Initiated Annexation Service Agreement
Approved as to Fo - i
Charlie cNabb
City Attorney
Attest:
Robyn Di sIttore, TRMC
City Secretary
State of Texas
County of Williamson
This instrument was acknowledged before me on the _ day of , 20TV
by Dale Ross, Mayor of the City of Georgetown, a Texas municipal corporation, on behalf of said
corporation.
By:
Notary Public, State of Texas
"'y r'''I KAREN E FROST
NOTARY PUSL"TATE OF TEXAS
COMM. EXR 05-24-2020
'`• O/' ' NOTARY ID 10536084
A!l111�
Owner -Initiated Annexation Service Agreement
6
3-7 v l '3K Z1k
VIPUL GOPANI
By. 0
)
Vipul Gonad
President
State of Texas §
County of Williamson §
This instrument was acknowledged before me on the day of �, —k , 202 ,
by Vipul Gopani of 3701 SH29 LLC, a Texas Limited Liability Company, on behalf of said
- WME111i)-ak
Notary Public, State of Texas
Owner -Initiated Annexation Service Agreement
7
Heather Kendrick
My Comm% WW Expkes
i' r: 0810712020
tF [ ID No. 1008781
3�ol '5 -4 Za
NIRMAL KHANDERIA
By:
Nirmal Khanderia
Vice President
State of Texas §
County of Williamson §
This instrument was acknowledged before me on the I o[day of ice , , 2020
by Nirmal Khanderia of 3701 SH29 LLC, a Texas Limited Liability Company, on behalf of said
Collll?iill f^
)gy: • :f ilt Heather Kendrick
�� My Cammlesiyri i xpkea
uji�� °,� OSIp7124Zt1
ID No.1080781
or
Notary Public, State of Texas
Owner -Initiated Annexation Service Agreement
8
EXHIBIT A
Owner -Initiated Annexation Service Agreement
JPH Land Surveying, Inc.
Dallas -Fort Worth * Austin * Abilene
(PAGE 1 OF 4) EXHIBIT "A"
LEGAL DESCRIPTION
N,aNd
FIELD NOTES for a 20.26 acre tract situated in in the Isaac Donagan
Sur`"
Survey, Abstract No. 178, Williamson County, Texas, being the tract described in a deed to
3701 SH29 LLC (hereafter referred to as 3701 SH29 tract), recorded under Instrument Number
2019030375, of the Official Public Records of Williamson County, Texas; the subject tract
being more particularly described as follows:
BEGINNING at a 1/2 inch rebar found in the southerly line of State Highway No. 29
(a called 100' wide right-of-way as shown in Williamson County Right-of-way
Map Control 337, Section 01, Job 02), at the northwest corner of said 3701 SH29
tract, and at the northeast corner of a called 17.5' right-of-way dedication, as
shown on Final Plat Water Oak North, Section 1, a subdivision recorded under
Instrument Number 2013033404, of said Official Public Records;
THENCE along the southerly line of said State Highway No. 29, the following bearings
and distances:
1. SOUTH 860 52' 59" EAST, a distance of 207.95 feet to a 1/2 inch rebar found;
2. SOUTH 860 38' 57" EAST, a distance of 192.19 feet to a 1/2 inch rebar found;
3. SOUTH 860 46' 36" EAST, a distance of410.62 feet to a 1/2 inch rebar found at
the westerly corner of the tract described in a Warranty Deed to Steve W. Wilson
and wife, Theresa K. Wilson (hereinafter referred to as Wilson tract), recorded
under Instrument Number 199979200 of said Official Public Records;
THENCE along the southwest line of said Wilson tract the following bearings and
distances:
1. SOUTH 210 0724" EAST, a distance of 198.76 feet to a 1/2 inch rebar found;
2. SOUTH 650 14' 31" EAST, a distance of 106.20 feet to a 3/8 inch rebar found;
3. SOUTH 660 14' 26" EAST, a distance of 42.44 feet to a 1/2 inch capped rebar
stamped "FOREST 1847" found;
Dallas -Fort Worth
Austin
Abilene
785 Lonesome Dove Trail
1516 E. Palm Valley Blvd., Ste. A4
500 Chestnut Street, Suite 702
Hurst, Texas 76054
Round Rock, Texas 78664
Abilene, Texas 79602
(817)431-4971
(512)778-5688
(325)672-7420
Firm #10019500
Firm #10194073
Firm #10193867
W W W.JPHLAND SURV EYING. C OM
U
"_4
4p
(PAGE 2 OF 4)
4. SOUTH 690 21' 47" EAST, a distance of 172.30 feet to a 1/2 inch rebar found at
the northwest corner of the tract described in a General Warranty Deed to
William Charles Bagwell and Patricia C. Bagwell, Trustees of The Bagwell -
Cody Trust (hereinafter referred to as Bagwell tract), recorded under Instrument
Number 2010025183, of said Official Public Records;
THENCE SOUTH 06" 50' 04" EAST, along the west line of said Bagwell tract, a distance
of 649.79 feet to a 1/2 inch rebar found at the northeast corner of Lot 3, Block
C, of said Water Oak North, Section 1;
THENCE NORTH 880 27' 50" WEST, along the north line of said Lot 3 and Block A of
Water Oak North, Sections 2 and 3, Phase 1 Final Plat, a subdivision recorded
under Instrument Number 2014100976 of said Official Public Records, a
distance of 178.45 feet to a 1/2 inch rebar found in the northerly terminus of
Cross Mountain Trail (a called 55' wide right-of-way shown on said Water Oak
North, Sections 2 and 3);
THENCE NORTH 88" 34' 42" WEST, along the north line of Block A of said Water Oak
North, Sections 2 and 3, Phase 1 Final Plat and the north line of Block A of said
Water Oak North, Section 1, a distance of 699.49 feet to a 1/2 inch rebar found;
THENCE NORTH 210 07' 39" WEST, continuing along the east line of Block A of said
Water Oak North, Section 1, a distance of 1,046.73 feet returning to the Point of
Beginning and enclosing 20.26 acres.
BEARING BASIS NOTE
The bearings described herein are Texas State Plane Grid bearings (Texas Central Zone, NAD83)
Cole Strevey
Registered Profession
Land Surveyor No. 6'
cole@jphls.com
Date: March 9, 2020
Dallas -Fort Worth
785 Lonesome Dove Trail
Hurst, Texas 76054
(817)431-4971
Firm #10019500
Austin
1516 E. Palm Valley Blvd., Ste. A4
Round Rock, Texas 78664
(512)778-5688
Firm #10194073
Abilene
500 Chestnut Street, Suite 702
Abilene, Texas 79602
(325)672-7420
Firm #10193867
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The Preserve at Water Oak, State Highway 29 Commercial Planned Unit Development
�ZYMTIVMITIi- i
The Preserve at Water Oak Planned Unit Development (PUD) is composed of
approximately 20.255 acres within the Isaac Donagan Survey, Abstract 178, Williamson
County, Texas and being that tract of land being described in Warranty Deed, Document
No. 2016026299 O.P.R.W.C.T. (See Exhibit B). The property's current address is 3701
W. Hwy 29. Pursuant to Section 4 of the Eighth Amendment, the City's Development
Regulations in effect on November 1, 1999 govern this application and all other
development approvals for the site. Pursuant to meetings with City of Georgetown staff,
the Applicant has agreed to entitle and develop the 20.255-acre PUD in compliance with
the Georgetown Unified Development Code (UDC), except as established in this exhibit.
The PUD is envisioned to be developed as a Commercial/Office center along State
Highway 29 near the intersection of Water Oak Parkway. The Property enjoys strong
visibility along the regional roadway along with access to surrounding residential
neighborhoods.
All aspects regarding the development of this PUD shall comply with the UDC, and other
applicable provisions in the City's Code of Ordinances, except as modified within this
PUD or the exhibits attached to the PUD Ordinance.
For the purpose of complying with the UDC requirement of selecting a base zoning
district, C-1 Local Commercial has been selected for Area's A&B of the PUD, OF Office
District has been selected for Area-C of the PUD. This property is also hereby designated
as a part of the Scenic/Natural Gateway Overlay District along SH-29.
This PUD allows the flexibility to mix various land uses and define boundaries during
the site planning process. Each plat or site plan submitted to the City will identify the use
at the time of submittal to the City. All development within the PUD will comply with
the modified development standards of this PUD. In the case that this PUD does not
address a specific City requirement, the Georgetown UDC shall apply. In the event of a
conflict between this PUD and the identified base zoning district, this PUD shall control.
C. Utilitl Services
Upon the extension of a wastewater line to the border of the Property as approved by the
City and at the Applicant's expense, the City agrees to provide water and wastewater
services to the Property for the uses permitted under this PUD Ordinance.
D. Land Use Plan
Exhibit C attached is a conceptual land use plan intended to visually convey the design
intent for the PUD. Approval of this PUD does not constitute plat or site plan approval,
and all development related approvals required by the UDC are still required.
ICI , .. IfI11m
Area -A:
The uses allowed within The Preserve at Water Oak PUD Area -A shall comply with the
list of allowed and prohibited uses defined in the UDC Zoning Use Tables 5.03.010 and
5.04.010 for the C-1 base district with the following exceptions.
The following C-1 uses shall not be permitted in this Area:
■ Self -Storage, Indoor
■ Senior Living
■ Landscape/Garden Sales
■ Rooming/Boarding House
■ Home Health Care Services
■ Loading Docks
■ Outdoor Storage, Limited
■ Outdoor Storage, General
• Outdoor Display, General
■ Outdoor Display, Off -Site Vehicles
• Gun Range
The following uses shall be permitted in this Area:
■ Office/Showroom
Additionally, all uses identified in UDC Zoning Tables 5.06.010, 5.07.010 and 5.10.010
shall be restricted from the Property.
Area-B:
The uses allowed within The Preserve at Water Oak PUD Area-B shall comply with the
list of allowed and prohibited uses defined in the UDC Zoning Use Tables 5.03.010,
5.04.010 and 5.09.020 for the C-1 base district with the following exceptions.
The following C-1 uses shall not be permitted in this Area:
• Self -Storage, Indoor
■ Senior Living
■ Landscape/Garden Sales
r Rooming/Boarding House
■ Home Health Care Services
■ C-Store
• Loading Docks
■ Outdoor Storage, Limited
■ Outdoor Storage, General
■ Outdoor Display, General
■ Outdoor Display, Off -Site Vehicles
■ Gun Range
The following uses shall be permitted in this Area:
■ Office/Showroom
■ Automobile Parts and Accessories Sales, Indoor
■ Automobile Repair Service, Limited
■ Contractor Services, Limited
+� Contractor Services, General
■ Printing and Publishing
■ Office/Warehouse
■ Research, Testing and Development Lab
■ Manufacturing, Processing and Assembly, Limited
■ Warehousing and Distribution, Limited
■ Outdoor Display, Limited
Additionally, all uses identified in UDC Zoning Tables 5.05.010, 5.07.010, 5.09.010
and 5.10.010 shall be restricted from the Property.
Area-C:
The uses allowed within The Preserve at Water Oak PUD Area-C shall comply with the
list of allowed and prohibited uses defined in the UDC Zoning Use Tables 5.03.010 and
5.04.010 for the OF base district with the following exceptions.
The following OF uses shall not be permitted on the Property:
■ Dry Cleaning Service, Drop-off Only
• Restaurant, General
■ Hotel, Boutique
Additionally, all uses identified in UDC Zoning Tables 5.05.010, 5.06.010, 5.07.010,
5.08.010, 5.09.010 and 5.10.010 shall be restricted from the Property.
F. lmpery'mis Cover
The maximum impervious cover within this PUD shall be 70-percent (70%) for the first
5-acres and 55-percent (55%) for the remaining acreage.
G. Cotnmca-cial Lot DgSILnaStanjard,€
Development in Area -A shall comply with the design standards for non-residential
development set forth in UDC Chapter 7,
Development in Area-B shall comply with the design standards for non-residential
development set forth in UDC Chapter 7 with the following exceptions Restrictions:
■ Overhead doors shall not be allowed to face the adjacent property line
■ Outside display or storage is not permitted
■ Screening of the rear parking/loading areas is required to obstruct the view from the
neighboring platted single-family lots
■ Loading docks are not permitted
• All buildings are restricted to two -stories
Development in Area-C shall comply with the design standards for non-residential
development set forth in UDC Chapter 7 with the following exceptions as illustrated on
Exhibit :
The building setback line along the common boundary with platted single-
family lots shall be increased to 50-feet (50').
There shall be a 75-foot (75') 2-Story/levels standard height building setback
line along the common boundary with platted single-family lots.
There shall be a 250-foot (250') 3-Story/levels standard height building
setback line along the common boundary with platted single-family lots.
H. l3 iildin 17e.s' =n Standards — Commercial
Commercial development shall comply with UDC Section 7.03.
Development shall comply with the applicable provisions in UDC Chapter 12 governing
pedestrian and vehicular circulation.
Primary access to and from the PUD shall be located at the entrance along SH 29 as
illustrated on Exhibit C. The PUD shall have limited access from the public Right -of -
Way (Cross Mountain Trail) extension on the Southern end of the PUD from the Water
Oak Subdivision. This access will provide direct access to Area-C only, access to Area's
A&B while not direct, is accessible thru the site as illustrated on Exhibit C. In addition,
a cross access stub will be required to the commercial properties to East and West as
illustrated on Exhibit C.
Along with the pedestrian circulation design standards outlined in UDC Chapter 12,
development of this PUD shall include pedestrian street connections at the main entrance
on SH 29 as well as the entrance from Water Oak Subdivision via Cross Mountain Trail,
providing pedestrian connections through -out the development and to the public rights -
of -way. The pedestrian connections will internally link all buildings, open spaces and
gathering spaces to allow for full pedestrian maneuverability. The development will
maintain the open spaces for gathering, outdoor seating areas of picnic areas as
referenced in Exhibit C. The development will construct a screening wall/sign as shown
on Exhibit C. The wall portion shall be limited to a 15' long by 6' tall masonry wall.
The signage shall be limited to 32 square feet and shall comply with all applicable
requirements of UDC Chapter 10.
J. &hansed Landscape Standards
A twenty-five foot (25') wide landscape buffer shall be provided along the SH 29
frontage to the same standards as the Highway Gateway as outlined in Section 4.11 and
8.04.050 of the UDC. Landscape planting provided within the landscape buffer shall
count toward the street yard landscaping requirements.
The development shall provide a minimum of twelve (12) open space outdoor areas as
identified in Exhibit-C. Those areas are intended for a seating, gathering and work
areas.
r.�:7IfM'f Tl TM, rr r
Buffer Yards must comply with the provisions of Section 8.04.060 of the UDC, as
applicable, with the following exceptions:
■ A Medium Level Bufferyard as defined in UDC Section 8.04.060(C)(2) shall
be provided along the PUD common boundary with the platted single-family
lots.
2 A 6' masonry fence shall be provided along the shared property boundary of
the PUD and Lot 6, Block A, Water Oak North, Section 1.
The maximum building heights shall adhere to Section-G and as illustrated on Exhibit
C. The height will be restricted by the setbacks as illustrated on Exhibit C.
M. Tree Preervation
Applicant shall comply with applicable provisions in UDC Section 8.02 governing Tree
Preservation and Protection. A minimum of 95% of the Heritage trees shall remain., any
removal of a Heritage Tree shall be subject to review and approval of City Council.
Effort shall be taken to save all Heritage trees along the Single -Family property line.
A tree survey and tree inventory meeting the requirements established in the UDC
Development Manual will be submitted on a site plan by site plan basis at the time of
each plan submittal. The tree survey will identify all Protected and Heritage Trees (as
defined in the UDC) located within the submitted plan. Required mitigation for the
approved removal of Protected and Heritage Trees will occur within the land area of the
subject plan.
Protected and Heritage Trees identified for removal will follow procedures and reviews
as outlined in the UDC Chapter 3.
N. Lighting
■ Lighting Levels shall not exceed zero -foot candles at the south and west
property lines.
■ All exterior light fixtures must be completely shielded.
it No pole mounted lights are permitted around the water feature in the
southwest portion of the property.
EXHIBIT B
EAGLE EYE
arsrwx'rtavurour
20.255 ACRES, (882,324 Sq. Ft.)
WILLIAMSON COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION
Eagle Eye Construction Layout
1807 S. Highway 183
Leander, Texas 78641
(512) 494-4468
TBPLS FIRM # 10194139
A DESCRIPTION OF A 20.255 ACRE (APPROX. 882,324 Sq. Ft.) TRACT OF
LAND, SITUATED IN THAT ISAAC DONAGAN SURVEY, ABSTRACT No.178,
LOCATED IN WILLIAMSON COUNTY, TEXAS, AND BEING THAT SAME
TRACT OF LAND BEING DESCRIBED IN THAT CERTAIN GENERAL
WARRANTY DEED, CONVEYED TO W. BRYAN FARNEY, DATED
DECEMBER 23, 2015 AND APPEARING OF RECORD UNDER DOCUMENT
No. 2016026299 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS, SAID 20.255 ACRES OF LAND BEING MORE
PARTICULARLY DESCRIBED BY THE FOLLOWING METES AND BOUNDS
DESCRIPTION:
BEGINNING at a found 1/2-inch iron rod, along the southerly right-of-way line of
State Highway 29 (Texas 29), having a variable right-of-way width, for the
northwesterly corner of the herein described 20.255 Acre tract, from which a
found 1/2-inch iron rod with cap stamped "BURY" at the northeasterly corner of
Lot 35, Block A, Water Oak North Section 1, a subdivision appearing of record
under Document No. 2013033404 of the Official Public Records of Williamson
County, Texas, bears South 21 ° 07' 42" West, a distance of 19.75 feet;
THENCE along the southerly right-of-way line of aforementioned State Highway
29 (Texas 29), the following three (3) courses and distances:
1). South 870 00' 18" East, a distance of 207.55 feet to a set 1/2-inch iron
rod with cap stamped "4863", for an angle point of the herein describe 20.255
Acre tract;
2). South 860 31' 40" East, a distance of 192.46 feet to a found 1/2-inch
iron rod, for an angle point of the herein described 20.255 Acre tract;
3). South 860 47' 26" East, a distance of 410.65 feet to a found 1/2-inch
iron rod, same being the northwesterly corner of that certain called 2.55 Acre tract
of land being described in that certain Warranty Deed, conveyed to Steve and
Theresa Wilson, dated November 23, 1999 and appearing of record under
Document No. 199979200 of the Official Public Records of Williamson County,
Texas, for the northeasterly corner of the herein described 20.255 Acre tract;
THENCE leaving the southerly right-of-way line of aforementioned State Highway
29 (Texas 29), along the westerly and southerly lot lines of the aforementioned
2.55 Acre tract, the following four (4) courses and distances:
Exhibit A -Page 1 of 3
1). South 210 05' 58" East, a distance of 198.79 feet to a found 1/2-inch
iron rod, for an angle point of the herein described 20.255 Acre tract;
2). South 660 09' 23" East, a distance of 105.68 feet to a set 1/2-inch iron
rod with cap stamped "4863", for an angle point of the herein described 20.255
Acre tract;
3). South 660 17' 39" East, a distance of 42.43 feet to a set 1/2-inch iron
rod with cap stamped "4863", for an angle point of the herein described 20.255
Acre tract;
4). South fig° 22' 26" East, a distance of 172.80 feet to a found 1/2-inch
iron rod, same being an angle point in the westerly line of that certain called
22.5562 Acre tract of land being described in that certain General Warranty Deed,
conveyed to William and Patricia Bagwell, dated April 21, 2010 and appearing of
record under Document No. 2010025183 of the Official Public Records of
Williamson County, Texas, for an angle point of the herein described 20.255 Acre
tract;
THENCE South 060 50' 31" East, leaving the southerly lot line of the
aforementioned 2.55 Acre tract, along the westerly line of the aforementioned
22.5562 Acre tract, a distance of 649.59 feet to a found 1/2-inch iron rod, same
being the northeasterly corner of Lot 3, IBlock C, Water Oak North Sections 2 and
3 Phase 1 Final Plat, a subdivision appearing of record under Document No.
2014100976 of the Official Public Records of Williamson County, Texas, for the
southeasterly corner of the herein described 20.255 Acre tract;
THENCE leaving the westerly lot line of aforementioned 22.5562 Acre tract, along
the northerly lot line of Lot 3, Block C, Lot 21, Block G, and Lot 40, Block A of the
aforementioned Water Oak North Sections 2 and 3 Phase 1 Final Plat, same
being the northerly terminus of Cross Mountain Trail having a 55' right-of-way
width, the following two (2) courses and distances:
1). North 880 26' 05" West, a distance of 178.27 feet to a found 1/2-inch
iron rod, for an angle point of the herein described 20.255 Acre tract;
2). North 880 36' 41" West, a distance of 177.43 feet to a found 1/2-inch
iron rod with cap stamped "BURY", same being the northwesterly corner of the
aforementioned Lot 40, Block A, same being the northeasterly corner of Lot 24,
Block A of the aforementioned Water Oak North Section 1, for an angle point of
the herein described 20.255 Acre tract;
THENCE leaving the northwesterly corner of the aforementioned Lot 40, Block
A, along the northerly lot line of Lots 16•-24, Block A and the easterly lot line of
Lots 5-13 and Lot 35, Block A of the aforementioned Water Oak North Section 1,
same being the southerly right-of-way line of aforementioned State Highway 29
(Texas 29), the following two (2) courses and distance:
1). North 880 34' 40" West, a distance of 522.17 feet to a found 1/2-inch
iron rod, for the southwesterly corner of the herein described 20.255 Acre tract;
Exhibit A -Page 2 of 3
2). North 210 07' 42" West, a distance of 1046.46 feet to the POINT OF
BEGINNING, containing the hereon, described 20.255 Acre (Approx. 882,324
Sq. Ft.) tract of land, more or less.
Survey on the ground July 21, 2018.
Bearings are based on the Texas Coordinate System, Central Zone (FIPS 4203),
utilizing the local VRS Network Base No. PRS370780058369.
A separate sketch accompanies this metes and bounds description.
� .� �Ca15i �Rtic qd'
CHARLESFh.BEN50N
' 0 4,8663
Charles M. Benson
Registered Professional Land Surveyor
State of Texas No. 4863
July 24, 2018
Exhibit A -Page 3 of 3
EXHIBIT C
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The Preserve at Water Oak 203 E. MAIN STREET, SUITE 204
O.M. Development ROUND ROCK, TEXAS 78664
June 18, 2020 512-344-9664
TBPE FIRM #F-19351
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The Preserve at Water Oak
O.M. Development
June 18, 2020