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HomeMy WebLinkAboutORD 2021-88 - PUD Bery Creek CrossingORDINANCE NO. Z C�j _ U� An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Official Zoning Map to amend the existing the Berry Creek Crossing PUD which consists of 49.31 acres and to expand the PUD onto an additional 11.438 within the John Berry Survey, Abstract No 51, for property generally located at 2800 N IH 35 and currently zoned Agriculture (AG) 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/ Exiting PUD '; and 11.438 acres out of the John Berry Survey, Abstract No. 51, as recorded in Document Number 9663744 of the Official Public Records of Williamson County, Texas, hereinafter referred to as "The Property/ Proposed PUD addition " 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 November 2, 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 November 9,2021, 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. Ordinance Number: WZ 1-9 O Page 1 of 2 Description: Berry Creek Crossing Case File Number: 2021-13-PUD Date Approved: Exhibits A-B Attached 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 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. THE Josh APPROVED on First Reading on the 9th day of November 2021. APPROVED AND ADOPTED on Second Reading on the 23,d day of November 2021. GEORGETOWN: APPROVED AS TO FORM: Skye assa City Attorney Ordinance Number: 2AZ�-$ t Description: Berry Creek Crossing Date Approved: ATTEST: Robyn Densmore, TRMC City Secretary Page 2 of 2 Case File Number: 2021-13-PUD Exhibits A-B Attached ORDINANCE EXHIBIT B FOREST SURVEYING AND MAPPING CO. T.B.P.L.S Firm # 10002000 1002 Ash St. Georgetown, TX, 78626 DESCRIPTION FOR: IH35 SH 135, LP 11.438 Acres BEING 11.438 acres of land, situated in the John Berry Survey, Abstract No. 51, in Williamson County, Texas, said 11.438 acres being a portion out of a 73.153 acre tract, of record to Larry D. Kokel and Dale Illig, Document No. 9663744, Official Public Records Williamson County, Texas (OPRWCT). This tract was surveyed on the ground in August of 2021 under the direction of William F. Forest, Jr., Registered Professional Land Surveyor No. 1847. Survey note: The bearing basis for this survey is the State Plane Coordinate System, Texas Central Zone (4203), and being more particularly described by metes and bounds as follows: BEGINNING, at a'/z" capped iron pin found (steel pin), marked "FOREST RPLS 184711, in the East Right -of -Way line of State Highway 130 and the South boundary line of said 73.153 acre tract, at the Northwest corner of a 49.31 acre tract, of record to IH 35 South 130, LP, Document No. 2018066618 (OPRWCT), for the Southwest corner hereof, THENCE, with the East Right -of -Way line of State Highway 130, N 08024'25" W, 315.00 feet, to an aluminum capped iron pin found, marked "TXDOT ", in the East Right -of -Way line of Interstate Highway 35 and the West boundary line of said 73.153 acre tract, for an angle point hereof, THENCE, with the common boundary line of said Interstate Highway 35 and said 73.153 acre tract, (LI) N 16°02'46" E, 37.31 feet, to a''/Z" iron pin found, at the Southwest corner of Lot 1 of The Tilson Subdivision, Volume O, Page 263, Plat Records Williamson County, Texas (PRWCT), for the most westerly Northwest corner hereof, from which a'/Z" iron pin found, at the Northwest corner of said Lot 1, bears: N 17034'14" E, 307.95 feet, THENCE, with the South and East line of said Lot 1, departing said Right -of -Way line, following two (2) courses and distances: 1. S 72-26104" E, 335.04 feet, to a'/z" iron pin found, at the Southeast corner of said Lot 1, for an ell corner hereof, 2. N 17031'40" E, 179.97 feet, to a'/2" iron pin found, at the Northeast corner of said Lot 1, for the most northerly Northwest corner hereof, THENCE, over and across said 73.153, the following nine (9) courses and distances: 1. S 77°16'34" E, 680.81 feet, to a'/z" capped iron pin set, marked "FOREST RPLS 184711, for an angle point hereof, 2. (L2) N 82°39'18" E, 142.46 feet, to a'/z" capped iron pin set, marked "FOREST RPLS 1847", for an angle point hereof, 3. N 81059137" E, 187.34 feet, to a'/z" capped iron pin set, marked "FOREST RPLS 1847", for an angle point hereof, 4. N 66029'51" E, 265.54 feet, to a %:" capped iron pin set, marked "FOREST RPLS 1847", for an angle point hereof, 5. (L3) N 62-53141" E, 124.46 feet, to a'/z" capped iron pin set, marked "FOREST RPLS 1847", for an angle point hereof, 6. (L4) N 78009'45" E, 94.58 feet, to a'/:" capped iron pin set, marked "FOREST RPLS 1847", for an angle point hereof, 7. (L5) N 86005'06" E, 145.89 feet, to a'/z" capped iron pin set, marked "FOREST RPLS 1847", for an angle point hereof, 8. (L6) N 79-49129" E,124.49 feet, to a %a" capped iron pin set, marked "FOREST RPLS 1847", for an angle point hereof, 9. (L7) S 89027124" E, passing at 60.76, a'/2" capped iron pin set, marked "FOREST RPLS 1847", in all a total of 106.21 feet, to the center of Berry Creek, same point being the East boundary line of said 73.153 acres, same point being in the West boundary line of a 210.514 acre tract, of record to Williamson County, Tract II, Document No. 2011066293, for the Northeast corner hereof, IH35 SH130 11.438 Ac: Page 2 of 2 THENCE, with the center line of Berry Creek, S O1009'08" E, 76.84 feet, to a submerged point, at the Northeast corner of said 49.31 acre tract, for the Southeast corner hereof, THENCE, leaving said creek, with the common boundary line of said 73.153 acre tract and said 49.31 acre tract, the following ten 10 courses and distances: 1. S 69031143" W, passing at 30.00 feet, a a %" iron pin found on the West bank, in all a total of 183.33 feet, to a'/2" iron pin found, for an angle point hereof, 2. S 68°59'47" W, 380.38 feet, to a'/z" iron pin found, for an angle point hereof, 3. S 68037'25" W, 240.64 feet, to a''/2" capped iron pin found, marked "FOREST RPLS 184711, for an angle point hereof, 4. (L9) N 37°19'21" W, 55.01 feet, to a'/2" iron pin found, for an angle point hereof, 5. S 75032'54" W, 487.11 feet, to a''/2" iron pin found, for an angle point hereof, 6. S 74053'10" W, 353.11 feet, to a'/2" capped iron pin found, marked "FOREST RPLS 1847", for an angle point hereof, 7. (L10) S 89015'54" W, 98.51 feet, to a''/2" capped iron pin found, marked "FOREST RPLS 1847", for an angle point hereof, 8. S 87033'21" W, 206.86 feet, to nail found in the South base of 44" triple oak, for an angle point hereof, 9. N 85°29'12" W, 250.19 feet, to the POINT OF BEGINNING, and containing 11.438 acres, more or less. STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS; COUNTY OF WILLIAMSON I, WM. F. FOREST, JR., do hereby certify that this survey was made on the ground of the property legally described hereon, under my supervision. This description is true and correct to the best of my knowledge and belief. The attached plat identifies any significant boundary line conflicts, shortages in area, apparent protrusions, intrusions or overlapping of improvements. This property abuts a public roadway, except as shown. Ownership and easement information for this tract has not been researched except as shown on the attached plat. TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Texas, this, the 20th day of August 2021, A.D. File: IH35 SH130 11.438 Ac.docOF ���•x � ot;J7 •,WILLIAM F FOREST, JR C .................... -- ...................4....... .. WM.F. FOREST JR. REGISTERED PROFESSIONAL LAND SURVEYOR NO.1847 Surveying Services are regulated by the Texas Board of Professional Engineers and Land Surveyors 1917 S Interstate 35 Austin, TX 78741, US (512) 440-7723 Ordinance Exhibit C Exhibit A Berry Creek Crossing Planned Unit Development Amendment Development Plan A. PROPERTY Berry Creek Crossing Planned Unit Development District comprising of 49.31 acres (the "Approved Property") was approved and adopted via Ordinance 2021-52 on July 27,2021. The proposed amendment to the PUD encompasses adding approximately 11.4 acres of property adjacent to Berry Creek Crossing PUD, legally known as 11.4 acres of land out of the John Berry Survey, Abstract No-51, Williamson County, TX as described in more detail in the attached Exhibit B (the " Additional Property"). B. PURPOSE The purpose of the addition to the existing Berry Creek Crossing PUD District is to continue the well - planned commercial and residential district currently approved 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 Approved Property, Additional Property and the surrounding area under the City of Georgetown Comprehensive Plan is designated to be Regional Centers (RC) and Employment Center (EQ. 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 proposed addition to the 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 currently zoned PUD together with the property that is part of this request are unique in the following ways. • The Approved Property and Additional Property are at the intersection of two main highways — IH35 and SH 130 and backs up to Berry Creek and Berry Springs Park and Preserve. • The Additional Property provides the PUD with additional exposure to IH35 and adds another access point for the PUD to improve internal traffic circulation from shared access at Tilson Homes property to the north. • The Approved Property's and Additional 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 The owner's vision for this Additional Property is to be developed into approximately 5 acres of residential development in the back near the high topo, trees and creek area, consistent with the City of Georgetown Comprehensive Plan, adjacent to the residential area in the approved PUD, while developing approximately 6.4 acres of Additional Property into commercial uses adjacent to the commercial area in the approved PUD C. APPLICABILITY AND BASE ZONING In accordance with UDC Section 4.06.010.A "Compatibility with Base Zoning District" and consistent with the existing Berry Creek Crossing Planned Unit Development, all development of the Additional 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 amendment to the PUD, the PUD and the regulations of the base zoning district, the amendment to the PUD shall control, followed by the PUD. D. LAND USES 1. Primary Use. The primary use of the Additional Property shall be for General Commercial (C-3) and high density Multi Family (MF-2) consistent with the existing PUD. The amendment to the PUD will add the Additional Property to the currently approved two -character zones (depicted in Exhibit D): - Zone A:C-3 Base Zoning - approximately 6.4 acres shall be added to the currently approved 15-17 acres resulting in a total of 21.4-23.4 acres in size adjacent to SH130 and IH35. - Zone B: MF-2 Base Zoning — approximately 5 acres shall be added to the currently approved 32-34 acres resulting in a total of 37-41 acres in size location 2. Prohibited Uses. The following uses shall be prohibited on the Additional Property being added to the PUD, consistent with such restrictions on the Approved Property under the approved PUD: - 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 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 as close to IH35 as possible. Automotive Parts Sales (indoor) shall be at least 500 ft away from the Fuel Sales Station and shall not allow auto repair on site. The following uses are allowed under the MF-2 base zoning but shall be prohibited on the Additional Property consistent with such restrictions on the Approved Property under the approved PUD - Group Home (16+ residents) - Student Housing - Rooming or Boarding House - Halfway House -Orphanage - Golf Course - School (Elementary) - School (Middle) - Emergency Services Station -Student Housing A limited amount of commercial uses (less than 10% of the overall built MF-2 square feet) shall be allowed in the Approved Property and the Additional Property in the MF-2 area to support the residential development. Commercial uses allowed in the MF-2 area shall be limited to, neighborhood services oriented businesses like general retail, medical/dental office, dry cleaning (pick up and drop off only), personal services, educational and daycare facilities, pharmacy, banking E. DESIGN STANDARDS 1. Density. The total number of residential units on the Additional Property shall be limited to 50 units on 5 acres, taking the combined total to 700 units. 2. Building Height. The maximum building heights on the Approved Property and Additional Property shall be 45 ft for MF-2 area. Notwithstanding the above, 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 Prior to the 351st unit an additional an 6,000 square feet of commercial shell building space shall be ready and available for lease or purchase for a commercial business to finish out the space for its need. VEHICULAR ACCESS AND CIRCULATION 1. 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. A TIA shall be completed, submitted and approved prior to approval on first final plat for any portion of the Property. G. PARKLAND AND COMMON AMENITY AREA 1. The parkland dedication requirements of UDC Section 13.05 will be met with fee -in lieu of dedication. H. 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. I. LIST OF EXHIBITS Exhibit B — Legal Description Exhibit C —Location Map Exhibit D —Areas for C-3 and MF-2 Exhibit E — Topo map Exhibit F — Land Use Map PUD Exhibit B FOREST SURVEYING AND MAPPING CO. T.B.P.L.S Firm # 10002000 1002 Ash St. Georgetown, TX, 78626 DESCRIPTION FOR: IH35 SH 135, LP 11.438 Acres BEING 11.438 acres of land, situated in the John Berry Survey, Abstract No. 51, in Williamson County, Texas, said 11.438 acres being a portion out of a 73.153 acre tract, of record to Larry D. Kokel and Dale Illig, Document No. 9663744, Official Public Records Williamson County, Texas (OPRWCT). This tract was surveyed on the ground in August of 2021 under the direction of William F. Forest, Jr., Registered Professional Land Surveyor No. 1847. Survey note: The bearing basis for this survey is the State Plane Coordinate System, Texas Central Zone (4203), and being more particularly described by metes and bounds as follows: BEGINNING, at a'/2" capped iron pin found (steel pin), marked "FOREST RPLS 1847", in the East Right -of -Way line of State Highway 130 and the South boundary line of said 73.153 acre tract, at the Northwest corner of a 49.31 acre tract, of record to 11135 South 130, LP, Document No. 2018066618 (OPRWCT), for the Southwest corner hereof, THENCE, with the East Right -of -Way line of State Highway 130, N 08024'25" W, 315.00 feet, to an aluminum capped iron pin found, marked "TXDOT ", in the East Right -of -Way line of Interstate Highway 35 and the West boundary line of said 73.153 acre tract, for an angle point hereof, THENCE, with the common boundary line of said Interstate Highway 35 and said 73.153 acre tract, (L1) N 16"02'46" E, 37.31 feet, to a'/z" iron pin found, at the Southwest corner of Lot 1 of The Tilson Subdivision, Volume O, Page 263, Plat Records Williamson County, Texas (PRWCT), for the most westerly Northwest corner hereof, from which a '/a" iron pin found, at the Northwest corner of said Lot 1, bears: N 17034'14" E, 307.95 feet, THENCE, with the South and East line of said Lot 1, departing said Right -of -Way line, following two (2) courses and distances: 1. S 72026'04" E, 335.04 feet, to a'/2" iron pin found, at the Southeast corner of said Lot 1, for an ell corner hereof, 2. N 17031140" E,179.97 feet, to a '/z" iron pin found, at the Northeast corner of said Lot 1, for the most northerly Northwest corner hereof, THENCE, over and across said 73.153, the following nine (9) courses and distances: 1. S 77-16134" E, 680.81 feet, to a''/z" capped iron pin set, marked "FOREST RPLS 184711, for an angle point hereof, 2. (L2) N 82-39118" E, 142.46 feet, to a %Z" capped iron pin set, marked "FOREST RPLS 1847", for an angle point hereof, 3. N 81059137" E, 187.34 feet, to a'/z" capped iron pin set, marked "FOREST RPLS 184711, for an angle point hereof, 4. N 66-29151" E, 265.54 feet, to a'/:" capped iron pin set, marked "FOREST RPLS 1847", for an angle point hereof, 5. (L3) N 62-53141" E,124.46 feet, to a %z" capped iron pin set, marked "FOREST RPLS 1847", for an angle point hereof, 6. (L4) N 78009145" E, 94.58 feet, to a'/z" capped iron pin set, marked "FOREST RPLS 1847", for an angle point hereof, 7. (L5) N 86-05106" E,145.89 feet, to a %Z" capped iron pin set, marked "FOREST RPLS 1847", for an angle point hereof, 8. (L6) N 79-49129" E,124.49 feet, to a'/E" capped iron pin set, marked "FOREST RPLS 1847", for an angle point hereof, 9. (L7) S 89°27'24" E, passing at 60.76, a %2" capped iron pin set, marked "FOREST RPLS 1847", in all a total of 106.21 feet, to the center of Berry Creek, same point being the East boundary line of said 73.153 acres, same point being in the West boundary line of a 210.514 acre tract, of record to Williamson County, Tract II, Document No. 2011066293, for the Northeast corner hereof, IH35 SH130 11.438 Ac: Page 2 of 2 THENCE, with the center line of Berry Creek, S 01009'08" E, 76.84 feet, to a submerged point, at the Northeast corner of said 49.31 acre tract, for the Southeast corner hereof, THENCE, leaving said creek, with the common boundary line of said 73.153 acre tract and said 49.31 acre tract, the following ten 10 courses and distances: 1. S 69031143" W, passing at 30.00 feet, a a ''/2" iron pin found on the West bank, in all a total of 183.33 feet, to a %" iron pin found, for an angle point hereof, 2. S 68°59'47" W, 380.38 feet, to a'/2" iron pin found, for an angle point hereof, 3. S 68037125" W, 240.64 feet, to a'/2" capped iron pin found, marked "FOREST RPLS 1847", for an angle point hereof, 4. (L9) N 37019'21" W, 55.01 feet, to a'/2" iron pin found, for an angle point hereof, 5. S 75032'54" W, 487.11 feet, to a''/2" iron pin found, for an angle point hereof, 6. S 74°53'10" W, 353.11 feet, to a %2" capped iron pin found, marked "FOREST RPLS 1847", for an angle point hereof, 7. (L10) S 89°15'54" W, 98.51 feet, to a'/2" capped iron pin found, marked "FOREST RPLS 1847", for an angle point hereof, 8. S 87033'21" W, 206.86 feet, to nail found in the South base of 44" triple oak, for an angle point hereof, 9. N 85029'12" W, 250.19 feet, to the POINT OF BEGINNING, and containing 11.438 acres, more or less. STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS; COUNTY OF WILLIAMSON I, WM. F. FOREST, JR., do hereby certify that this survey was made on the ground of the property legally described hereon, under my supervision. This description is true and correct to the best of my knowledge and belief. The attached plat identifies any significant boundary line conflicts, shortages in area, apparent protrusions, intrusions or overlapping of improvements. This property abuts a public roadway, except as shown. Ownership and easement information for this tract has not been researched except as shown on the attached plat. TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Texas, this, the 20th day of August 2021, A.D. File: IH35 SH130 11.438 Ac.doc o.. sJ, • ••c, sir 4ti' o ••WILLIAMF. FOREST, JR. ........................F , ` WAI.F. FOREST JR. ; 1847 s REGISTERED PROFESSIONAL LAND SURVEYOR N0.1847 9 ° F E"\°''• S Surveying Services are regulated by the Texas Board of Professional Engineers and Land Surveyors 1917 S Interstate 35 Austin, TX 78741, US (512) 440-7723 Exhibit C- Location Map l l P X • ® site r r r' Parcels L Gty Limits c ( Georgetown ETJ A 8 4 Exhibit E Slopes Table NUMBER MIMINUM SLOPE MAXIMUM SLOPE COLOR AREA (Ac) 1 0.00% 10.00% ■ 9.117 2 10.00% 15.00% . 2234 3 15.00% 25.00% . 2 490 4 25.00% 35.00% . 1810 5 35.00% 116204.92% ■ 1972. Exhibit F Note: Original 49 Acres — Berry Creek Crossing PUD approved via Ordinance 2021-52 (attached).