HomeMy WebLinkAboutORD 2021-52 - Berry Creek Crossing PUDORDINANCE NO. -6 Z
An Ordinance of the City Council of the City of Georgetown, Texas,
amending part of the Official Zoning Map to rezone 49.31 acres out of the
John Berry Survey, Abstract No 51, generally located at 2800 N IH 35, from
the Agriculture (AG) and Residential Single -Family (RS) zoning districts to
a Planned Unit Development District (PUD) with a base zoning of General
Commercial (C-3) zoning district and High Density Multi -Family (MF-2)
zoning district repealing conflicting ordinances and resolutions; including
a severability clause; and establishing an effective date.
Whereas, an application has been made 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 of the following described real property ("The Property"):
49.31 acres out of the John Berry Survey, Abstract No. 51, as recorded in Document
Number 1985006675 of the Official Public Records of Williamson County, Texas,
hereinafter referred to as "The Property"; and
Whereas, public notice of such hearing was accomplished in accordance with State Law
and the City's Unified Development Code through newspaper publication, signs posted on the
Property, and mailed notice to nearby property owners; and
Whereas, the Planning and Zoning Commission, at a meeting on July 6,2021, held the
required public hearing and submitted a recommendation of approval to the City Council for
the requested rezoning of the Property; and
Whereas, the City Council, at a meeting on July 13,2021, held an additional public
hearing prior to taking action on the requested rezoning of the Property.
Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas,
that:
Section 1. The facts and recitations contained in the preamble of this Ordinance are
hereby found and declared to be true and correct, and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this
Ordinance implements the 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 2. The Official Zoning Map, as well as the Zoning District classification(s) for the
Property is hereby amended from the Agriculture (AG) and Residential Single -Family (RS)
zoning districts to Planned Unit Development District (PUD) with a base zoning of General
Commercial (C-3) zoning district and High Density Multi -Family (MF-2) zoning district, in
Ordinance Number: ZOZ l 5 2-
Page 1 of 2
Description: Berry Creek Crossing Case File Number: 2021-5-PUD
Date Approved: Exhibits A-B Attached
accordance with the attached Exhibit A (Location Map) and Exhibit B (Legal Description) and
Exhibit C (PUD Plan) incorporated herein by reference.
Section 3. 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 4. If any provision of this Ordinance or application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are hereby declared to be
severable.
Section 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary
to attest. This ordinance shall become effective in accordance with the provisions of state law
and the City Charter of the City of Georgetown.
APPROVED on First Reading on the 13w day of July, 2021.
APPROVED AND ADOPTED on Second Reading on the 270, day of July, 2021.
THE CrW OF GEORGETOWN:
Schroeder
APPROVED AS TO FORM:
Sky ass n
City Attorney
Ordinance Number:
Description: Berry Creek Crossing
Date Approved:
ATTEST:
Robyn D nsmore, TRMC
City Secretary
Page 2 of 2
Case File Number: 2021-5-PUD
Exhibits A-B Attached
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Exhibit A
Berry Creek Crossing
Planned Unit Development
Development Plan
A. PROPERTY
The Berry Creek Crossing Planned Unit Development District is located and encompasses
approximately 49.31 acres, legally known as 49.31 acres of land out of the John Berry Surrey, A-
51, Williamson County, TX as described in more detail in the attached Exhibit B (the "Property").
B. PURPOSE
The purpose of the PUD is to create a well -planned commercial and residential district that
compliments the surrounding land uses, offers well -designed internal connections between uses,
and preserves Georgetown's cultural and architectural heritage.
The future land use for the property and the surrounding area under the City of Georgetown
Comprehensive Plan is designated to be Regional Centers (RC) and Employment Center (EC).
Regional Center's primary use is large retailers with secondary uses as mixed -
use, high density residential, chain restaurants, specialty retailers, professional
office, and civic uses.
Employment Center's primary use is advanced manufacturing, life sciences, and
professional services and secondary uses are flex workspaces, environmentally
friendly manufacturing, retail, commercial, high -density residential and mixed -
use.
This PUD accomplish the goals of the 2030 Plan Land Use by encouraging a mixture and balance
of commercial and residential uses that complement one another and promote a "complete
neighborhood."
The Property is unique in the following ways.
The Property is at the intersection of two main highways — IH35 and SH 130 and backs up
to Berry Creek and Berry Springs Park and Preserve.
• The Property's topography provides a flat top along the highways with significant
topographic drop (over 65 ft) and 100+ year Pecan trees and Oak trees in the back near
Berry Creek (See Exhibit Q.
The owner's vision for this property is to be developed into a high density commercial on the flat
area adjacent to the highways and into residential development in the back near the high topo,
trees and creek area, consistent with the City of Georgetown Comprehensive Plan, while working
around the beautiful trees on the Property.
In addition, because of the location of the property at the intersection of two high traffic highways,
this development plan will provide convenience services to Georgetown residents and visitors.
Uniquely, due to the adjacent Berry Creek and Berry Springs Park, the back part of the property
shall be a very attractive area for people to live and enjoy the outdoor amenities Georgetown has
to offer.
C. APPLICABILITY AND BASE ZONING
In accordance with UDC Section 4.06.010.A "Compatibility with Base Zoning District', all development
of the property shall conform to the base zoning district of General Commercial (C-3) and High Density
Multi Family (MF2). Except for those requirements specifically deviated by this Development Plan, all
development standards established in the most current version of the UDC at time of this PUD approval
shall be applicable. In the case that this Development Plan does not address a specific item, the City of
Georgetown UDC and any other applicable Ordinances shall apply. In the event of a conflict between
the regulations of this PUD and the regulations of the base zoning district, the PUD shall control.
D. LAND USES
1. Primary Use. The primary use of the Property shall be for General Commercial (C-3) and high
density Multi Family (MF-2). The PUD will have two -character zones (depicted in Exhibit D):
- Zone A: General Commercial (C-3) Base Zoning - approximately 15-17 acres in size. Located
adjacent to SH130 and IH35.
- Zone B: High Density Multifamily District MF-2) Base Zoning — approximately 32-34 acres in
size. Located in the rear of the Property adjacent to Berry Creek and to the East of Zone A
2. Prohibited Uses.
2a. In addition to the uses prohibited in the General Commercial (C-3) district the following uses are
prohibited on the Property in Zone A:
- Dance Hall or Nightclub
- Landscape Supply Sales/Garden Center
- Flea Market
- Printing, Mailing and Preproduction Services
- Funeral Home
- Self Storage — Indoor or Outdoor
- Pest Control or Janitorial Services
- Commercial Vehicle Sales, Rental or Leasing Facility
- Recreational Vehicle Sales, Rental or Service
- Blood/Plasma Center
- Parking Lot (commercial/park-n-ride)
- Transit Passenger Terminal
- Heliport
- Bus Barn
- Cemetery, Columbaria, Mausoleum, or Memorial Park
- Correctional Facility
- Firing Range, Indoor
- Flea Market
- Multifamily attached
- Recreational Vehicle Sales, Rental
2b. In addition to the uses prohibited in the High -Density Multifamily District MF-2) Base Zoning
following uses is allowed under the MF-2 base zoning but shall be prohibited on the Property:
- Group Home (16+ residents)
- Student Housing
- Rooming or Boarding House
- Halfway House
- Orphanage
- Golf Course
- School (Elementary)
- School (Middle)
- Emergency Services Station
-Student Housing
3. Uses Permitted with Limitation.
Zone A.
3a. There shall be no more than one Fuel Sales station (limited to 20 fuel dispensers) and no more than
one car wash and both uses shall be located on property fronting 1-35. A car wash shall be permitted as
an accessory use to the fuel sales station not as a primary use.
3b. Automotive Parts Sales (indoor) shall be at least 500 ft away from the Fuel Sales Station and shall
not allow auto repair on site.
Zone B.
3c. A limited amount of commercial uses (less than 10% of the overall built MF-2 square feet) shall be
allowed in the MF-2 area to support the residential development. Commercial uses allowed in the MF-2
area shall be limited to uses permitted as personal services (as defined by the UDC), neighborhood -
oriented businesses. Commercial users in the MF-2 district are limited to , dry cleaning (pick up and
drop off only), , commercial day care, pharmacy, banking and financial services, fitness center.
E. DESIGN STANDARDS
1. Density. The total number of residential units on the Property shall be limited to 650.
2. Building Height. The maximum building heights on the Property shall be 60 ft for C-3 area
and 45 ft for MF-2 area. Buildings in the MF-2 area shall be allowed to be taller than 45 ft with
an administrative exception, provided the request allows for increased tree preservation and
meets the UDC identified approval criteria for an Administrative Exception.
F. PHASING
To balance the availability of commercial services contemporaneously with residential
development, this PUD shall comply with the following phasing:
Prior to City's approval of the Certificate of Occupancy for the first multifamily project, the
development shall comply with the following:
1. A minimum of commercial lot shall be platted, ready and available with access to and
from public right of way via a driveway or a shared drive and utilities delivered to the
pad, including but not limited to water, sewer, drainage, and electric available to the pad.
2. At least 6,000 square feet of commercial shell building space ready and available for
lease or purchase for a commercial business to finish out the space for its need.
G. VEHICULAR ACCESS AND CIRCULATION
• Development shall comply with the applicable provisions in UDC Chapter 12 governing
pedestrian and vehicular circulation. The Property shall have two of more access points
from IH35 and SH130 as approved by TXDOT. The main entry drive shall be designed like
a boulevard with a landscaped/hardscaped median and sidewalks.
H. PARKLAND AND COMMON AMENITY AREA
Parkland and Common Amenity Requirements. This project will adhere to the UDC
Requirements.
PUD MODIFICATIONS
In conformance with Section 4.06.010.D.3 of the UDC, modifications to this Development Plan
shall require City Council approval of an amendment to this PUD processed pursuant to Section
3.06 of the UDC, except, where the Director of Planning determines such modifications to be
minor, the Director may authorize such modifications. Minor modifications may include changes
to building sizes, uses, or locations providing those modifications conform to the general intent
of this PUD, uses authorized by this PUD, or to applicable provisions of the UDC and any other
applicable regulations.
P. LIST OF EXHIBITS
Exhibit A — Legal Description
Exhibit B —Location Map
Exhibit C—Areas for C-3 and MF-2
Exhibit D — Topo map
EXHIBIT A
FOREST SURVEYING AND MAPPING CO.
T.B.P.L.S Firm # 10002000
1002 Ash St.
Georgetown, Tx. 78626
DESCRIPTION FOR MARY ANN JOSEPH & VIRGINIA BISHOP, TRUSTEES - IH35 SH130, LP
BEING 49.31 ac. of the John Berry Survey, Abstract No. 51, in Williamson County, Texas;
part of a tract that was described in a deed to the Glen Willbern Bishop and Arlene Lelia Bishop
Li,%iug Trust (77.059 ac. less exceptions) of record in Doc. 2003097140, of the Official Public Records of
Williamson Co1uty, Texas (OPRVVCT). For various interests in this property see deed to Mail Ann
Joseph and Virginia Bishop, Co -Trustees, as set out in Doc. 2016053295. This tract was surveyed on
the ground in Play of 2018 trader the direction of William F. Forest, Jr., Registered Professional Laud
Surveyor No. 1847. Survey note: The hearing basis for this survey is the State Plane Coordinate
System, Texas Central Zone Western Data VRS Network.
COMMENCING FOR REFERENCE at the Southeast corner of the said 77.059 acre tract at
the approximate center of the channel of Berry Creek. This corner exists at the Northeast corner of
the property of Linda Vise, Larry Wittera and Ruth Ann Sudduth, the heirs of Amelia Wittera, et. vir,
the same property that was conveyed to Amelia Wittera, et. vir, as described in Vol. 472, Pg. 133
(remaiuder parcel, formerly 102.5 acres). This corner also exists in the West boundary of the property
that is described in a deed to Williamson County (Tract II Doc. 2011066293, 210.514 ac. to centerline of
creek).
THENCE with the South line of a 30 foot wide utility easement of 0.66 acres (City of
Georgetown sewer easement agreement Doc. 2017009836), (L10) S 68°48'43" W 94.21 feet to an Iron
pin which was found on the High West bank of the creek (edge of a cliff); and S 68' 42'25" W 867.02
feet to the TRUE POINT OF BEGINNING. This coruer is an Iron pin which was found in the most
Southerly South boundary of the said 77.059 acres, at the Southeast corner of the 4.13 acre property
that was described in a Deed to Zymac Group Ltd., as filed in Doc. 2017009838.
THENCE with the boundary of the property conveyed to Zymac Group Ltd., N 21022'49" W
285.01 feet to an iron pin which was found; and S 68047'17" W 673.63 feet to an iron pin which was
found in the East boundary of State Highway 130 (lower Northeast corner of the property conveyed to
the Texas Transportation Commission, Part 2 called 2.449 ac. as described in Doc. 2004037653). It is
noted that at this location access is permitted to the service road of State Highway 130. This coruer
exists at the Southwest coruer of a utility easement granted to the public (30 feet wide, 0.937 acres), as
described in Doc. 2017009837.
THENCE with West line of the said easement and the East line of State Highway 130
(Condemnation Judgement, Part 1 called 11.07 ac. as described in Doc. 2005015488); N 37°47'45" W
492.12 feet to an iron pin which was found at the beginning of a curve (C19) to the left haviug a radius
of 1268.17 feet and a central angle of 17°44'17", 392.61 feet with the arc of the curve, the chord bears.N
46009'40" W 391.04 feet to an iron pin which was found at the beginning of a curve to the right (C18)
having a radius of 200 feet and a central angle of 22' 00'13", 76.81 feet with the arc of the curve, the
chord bears N 43042'41" R' 76.34 feet to an iron pin which was found at the beginning of a
curve(C22).
THENCE continuing with the West line of the said utility easement and with the curved East
line of State Highway 130, with a curve to the right (C16) haviug a radius of 1307.00 feet and a central
angle of 17°40101", 403.01 feet with the are of the curve, the chord hears N 24012'03" W 401.42 feet to
a'/2 inch capped iron pin which was found at the Northwest corner of this property, in the South
boundary of the property of Larry D. Kokel and Dale Illig (73.153 ac. Doc. 9663744).
THENCE with the North boundary of the 77.059 acres and the South boundary of the 73.153
acres, as follows; S 85029'11" E 250.15 feet to a nail found in the In south base of 44" triple oak;
finding'/2 inch capped iron pins at bends In the fence as follows; N 87033'22" E 206.83 feet; and N
89°15'52" E 98.50 feet.
DESCRIPTION FOR MARY ANN JOSEPH & N'IRGINIA BISHOP, TRUSTEES- IH35 SH130, LP
49.31 AC. PAGE 2
THENCE continuing with the common boundary between the 77. 059 acres and the 73.153
acres, as follows; N 74153'10" E 353.06 feet to an iron pin which was found; and N 75132'54" E 487.05
feet to an iron pin that was found at a corner in the South boundary of the property that is described in
a deed to Larry D. Kokel and Dale Illig (73.153 ac. Doc. 9663744).
THENCE with the common boundary between the said 77.059 acres and the said 73.153 acres,
generally along or near an existing fence, (L6) S 37019128" E 55.0 feet to an Iron pin which was found
at another offset corner that exists in the North line of the 77.059 ac. and the South line of the 73.153
acres.
THENCE with the common boundary between the property of Kokel and Illig and the said
Bishop 77.059 acres, finding iron pins as follows; N 68037'26" E 240.61 feet; N 68159'47" E 380.33 feet;
N 69031' 41" E 153.31 feet to an iron pin which was found on the West bank of Berry Creek; and (L7)
N 69031141" E 30.00 feet to a submerged point in the approximate center of the channel of Berry
Creek.
THENCE downstream with the approximate center of the channel of Berry Creek following
the common boundary between the said 77.059 acres and the said 210.514 acres that is described in a
deed to Williamson County, (Doc. 2011066293), as follows; S 050 53'10" W 304.87 feet (this submerged
point stands (L9) S 65032'17" E 34.83 feet from an iron pin which was found at north base of 36"
cotton wood tree on the bank of the creek; continuing with the centerline of the waterway, S 04°31'49"
E 427.11 feet {this submerged point stands (L8) N 20104119" E 32.54 feet from an iron pin which was
found on the low West bank of the creek}; continuing with the approximate centerline of the waterway
to submerged points as follows: S 14°39'34" E 117.74 feet; S 15°31'17" E 127.66 feet; and S 41045'09"
E 316.70 feet to the Southeast corner of the said 77.059 acres. This corner exists at the Southeast
corner of an easement for utilities containing 0.66 acres (Commencing Point).
THENCE with the South line of the 77.059 acres and the North boundary of the property of
Linda Vise, Larry Wittera and Ruth Ann Sudduth, and with the South line of a 30 foot wide utility
easement as follows; (L10) S 68*48143" W 94.21 feet to an iron pin which was found on the High Vest
bank of the creek (edge of a cliff); and S 68142'25" W 867.02 feet to the TRUE POINT OF
BEGINNING.
I, W.M. F. FOREST, JR., do hereby certify that this survey was made on the ground of the property
legally described hereon, under my supervision In Flay of 2018. 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 4th day of May of 2018, A.D. File: bishop 49.31 ac.doc
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EXHIBIT B
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EXHIBIT D
Slopes Table
Number
Minimum Slope
Maximum Slope
Color
1
0.00%
10.00%
2
10.00%
15.00%
3
15.00X
25.00X
4
25.00X
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