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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 cn Cd x H s HUH• U _ zp q- [� oU o w " 3 >= w ow E° r� o.� °� a, ►� W�O�H o A �l w�O O W�V WU a° r~ ° o GQ w _ z z v� �o M F' £57ANCIA WAY E-+ O u x W �W W �y�°y SL > o VI 0-4 N � � ° Pobb� ■ � b �r b � O � b •iyy � 0 � • Q � H � W '� Qn W F. 2.1 A,4 7 N� w- Z Z cn >bw ' o ° o oN � Y VI N � Q M a 5� U U C bb cn to N U i i a - 2jI 3 V !3�"' teddy y 01 0 c a N F O z O 0�o e o li7 �0.xz M h 00 N u Q < 03 Q0 a J O � U a � flp JPN z F •N O O n U q10. F- 0 U '-' O C,� . N �c O 00 �0 N oo D\ � b0 Q, b 7 �D I� . V1 In oOMo m N M V CJ 0- V O� Q u o o O o 0 N 0 0 o M 0 O W o�0 N V] V) En V) V) V) V] V] z z z a O a xLE.S BAGEL A00 w1LLAMCSInG NL1•TRIJMt:SO F PATlB CHI CA StlS1R31"I TpltiwuC i.0.P.R Ls —,— x PLATWAT"ROAKN0Rm um Tli.56C41ON1 MNpL iNST.H 2pi7633m• U,P'R•w G RL]AK Sd[1R1'li. SEC�.ti }7 3, r O� wA �5 rIASP- 4FLZrAk FAR W..cT. IT 20141 tN76.E3•P• f I l 1 r7VNld I asvlq V Z SNO].LJ7SN N 0 21fl LtlM f � M u x o� 1W ery A N m 4 Q 11 /. 1� 1 x s ' �Y . i t�3 W413p3ya4�• �� /1 U rn U oo N 3 0 N � L � N 0000 F" O N -H M � 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 ° Y C U r N X zoo z� a S � N W x o= .0 a 0 � = O Z SO a ad Z m � v oa o cu °2'5�.c U°`dam � U ca 00 cn GG U GAVEL p�T .. w F- GABµIEL FOREST DR ,r ESTANCIA WAY c � a 0 1 4a z E a. e`. o U O cu U oG ° z co JUG U � O� O N r 7 � � M � ril w cry w w rir w w 3 3 3 � C � v � N m N � � n � m o 0 _ OHO W OHO N �D � � O OHO OHO N z z z o a z - O O N a I Nas Q U I�yy w U U ui [-+ Q w � W W W uWIA.t- A-41) _ \I'H.y.tA1'F l'y tlA�xt.FS`il:i:SITF m f l7T 3.1S4k%'1l t tifJ[-1111.� f I,vfi11.'lAt' ilA[iI1,0113Y^ t.IM lliHfYA%Tb1itS'. / {'tlh 11A[AVfiLIR. % f'INAl- I't.Al "VA 1S4F1.11I'•t[.\�.L� a p,plal,\. 1/b _ 3 �,• 1\":t 1'i.H l!A yt. 5 FI\A1- PI -A! { 3 z r� ,r_oiau�7r,� eon s. W a -v ryf ��7i rx V ,�CROSS L.rNiislar N o�c rn0 �J � I I I if r-A/'i[d0'9LLWIbIOZ�.I..SN1 ;I V ld'1VNId I F1tiVIL d b V T ONV Z SNOIJ.Ji s I I.No.\ )ivo H-uvA1 VA U o U C) °° N�3 • = x o a �= = �N� o N pp o : ? c > p M O� M q J O �o N ` O J � a�W la M r � 4 crt d �w1, f w d�3� ci I 1 o� CIO) pe 4 F ONK 7. Vol V PO a��a 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 -50 l l' srry' �pT Sd ` pm `0CQ/ Building R3 �i y � _ loT s s���eo ass COT, ` y Building F� COT I � p king F,7 4a z 81 �N� Buildi Ire,. r { Fa 75 ZQ? ng F? 11 `°T 8 1 I 4 P p2 �6q,�?J5''RCS 4 to I I ' fi4L'I. Nu. 7i�, ■ l `07 '0 —4- fn II COT z ► I 1� 4re A COT Buildi g F, 8 D' ice 25p• n 0 d st `aar� � I 1 J ` N4 arc COT 5 1 / C0T Ck �--- 1J 107 COT /9�pROJn„01 06 � IN!-� Bad. j }r toT 73 - ?4 f33R,Rw 107 40 II . POTENTIAL OUTDOOR SEATING AREA, GATHERING SPACE OR PICNIC AREA l loT zs B`o"`�1 +•Yy. 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 r°Nsuti�■ \ li - 'ysSp7d55��97f I I \ h'0nr1 ��iSJ I 4 \ f T 1 Are, r `U � �Q;T I C. `0T 10 m ao. Corm Ocal ram, -■ l orciai I i\ °T6 1 I Srd lI � TB9?)gm�SIOH Or 1 I l� zk4ti f (OT '0 Area - Its C. j Loi �' Corn cal I I I COT ,2 _ � �� \ or A l ice �� sr district �°�YB�GS� rl��[°� r Sal (oT _ \ � or Wftb (AS• ko.) for 40 all _ l r0r 25 % 84oc" 20 The Preserve at Water Oak O.M. Development June 18, 2020