HomeMy WebLinkAboutORD 2023-30 - Annexation and Zoning Business ParkOrdinance No. -2,o - 30
An Ordinance of the City Council of the City of Georgetown, Texas, providing
for the extension of certain boundary limits of the City of Georgetown, Texas,
and the annexation and initial zoning designation of Business Park (BP) of
certain territory consisting of 9.441 acres, more or less, out of the Lewis P.
Dyches Survey Abstract No. 180, as described herein; repealing conflicting
ordinances and resolutions; including a severability clause; and establishing an
effective date.
Whereas, the owner of 9.441 acres out of the Lewis P. Dyches Survey Abstract No. 180
shown on the location map attached hereto as Exhibit A and described and depicted Exhibit B
attached hereto and by this reference incorporate herein (the "Property"), has requested
annexation of the property 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 City Council approved a Municipal Services Agreement, attached hereto as
Exhibit C and by this reference incorporated herein, with Longhorn Junction Land and Cattle
Company LLC. for the property on January 24, 2023; 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, all prerequisites of state law and the City Charter have been complied with;
Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas
that:
Section 1. The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct, and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim.
Section 2. The City Council of the City of Georgetown hereby annexes into the city limits
9.441 acres out of the Lewis P. Dyches Survey Abstract No. 180, 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 1, as it is adjacent to Council District 1 and no other City Council Districts. The
City's official boundary map and City Council Districts map shall be amended accordingly.
Section 3. In accordance with the procedures for initial zoning of newly annexed territory
described in Section 4.03.010 of the UDC, and for the reasons set forth by City Staff, the City
Ordinance No. 2(]Z —30 Page 1 of 2
BPI Georgetown 9.441 acres 2022-18-ANX
Date Approved: Ra,,6 2-sl Exhibit A,B,C attached
Council hereby finds that a zoning classification of Business Park (BP) is appropriate for the
Property and consistent with the City's Comprehensive Plan, and upon annexation the Property
shall have a zoning of Business Park (BP). 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 25th day of April.
Passed and
The City of
Josh Sc
Mayor
Approved as to form:
Skye asson
City Attorney
on Second Reading on the 91" day of May.
Attest:
Robyn Nensmore, TRMC
City Secretary
Ordinance No. luz, 3 — Page 2 of 2
BPI Georgetown 9.441 acres 2022-18-ANX
Date Approved: 1-kn s-511073 Exhibit A,B,C attached
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9.441 ACRE
LONGHORN JUNCTION
BOUNDARY DESCRIPTION
EXHIBIT B
DESCRIPTION
FN. NO. 22-255 (ABB)
DECEMBER 16, 2022
JOB NO. 222012648
A 9.441 ACRE OF LAND OUT OF THE LEWIS P. DYCHES SURVEY ABSTRACT
NO. 180, SITUATED IN THE CITY OF GEORGETOWN, WILLIAMSON COUNTY,
TEXAS BEING A PORTION OF THAT CERTAIN TRACT 3 - 62.8417 ACRE TRACT
OF LAND CONVEYED TO LONGHORN JUNCTION LAND AND CATTLE COMPANY BY
DEED OF RECORD IN 2010002544 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS; SAID 9.441 ACRE BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a 1/2 inch iron rod with "BURY" cap found in the
southerly right-of-way line of SE Inner Loop (R.0.W. varies), being
the common northerly corner of Lot 1, Block A, Project Lonestar
Subdivision of record in Cabinet CC, Slides 349-351 of the Plat
Records of Williamson County, Texas and the remaining portion of
said Tract 3 - 62.8417 acres, for the northeasterly corner hereof;
THENCE, S09013'26"W, leaving the southerly line of SE Inner Loop,
along the northerly line of said Lot 1, Block A, Project Lonestar
Subdivision, a distance of 426.83 feet to a 1/2 inch iron rod with
"BAKER AIKLIN" cap found at the northeasterly corner of Lot 1,
Block A, Final Plat of Rock Springs Hospital Block A, Lot 1, a
subdivision of record in Document No. 2014008206 of said Official
Public Records, being the southeasterly corner hereof;
THENCE, leaving the northerly line of said Lot 1, Block A, Project
Lonestar Subdivision, along the northerly line of said Lot 1, Block
A, Final Plat of Rock Springs Hospital Block A, Lot 1, for the
southerly and westerly lines hereof, the following two (2) courses
and distances:
1) S7202411911W, a distance of 983.44 feet to a "X" cut in
concrete found at the southwesterly corner hereof;
2) N1703511211W, a distance of 380.87 feet to PK nail with
"STANTEC" washer set in the southerly line of Southeast Inner
Loop, being the northerly line of said Tract 3 - 62.8417 acre,
for the northwesterly corner hereof;
FNNO. 22-255(ABB)
DECEMBER 16, 2022
SHEET 2 OF 2
THENCE, N72024'10"E, along the southerly line of SE Inner Loop,
being the northerly line of said Tract 3 - 62.8417 acre and hereof,
a distance of 1175.96 feet to the POINT OF BEGINNING, containing
an area of 9.441 acre (411,254 square feet) of land, more or less,
within these metes and bounds.
THE BASIS OF BEARING OF THE SURVEY SHOWN HEREON IS TEXAS STATE
PLANE COORDINATE SYSTEM, CENTRAL ZONE, NAD83(2011), BY UTILIZING
REAL-TIME KINEMATIC (RTK) CORRECTIONS PROVIDED BY RTK COOPERATIVE
NETWORK, MANAGED BY ALLTERRA CENTRAL.
I, AUSTIN B. BURKLUND, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION.
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SERVICES INC.
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NO. 6879
AUSTIN B. BURKLUND
1905 ALDRICH STREET
STATE OF
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1905 Aldrich Street, Suite 300
Austin, TX 78723
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LONGHORN JUNCTION
SE INNER LOOP GEORGETOWN
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BOUNDARY DESCRIPTION
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LEGEND
�PK PK NAIL WITH "STANTEC" WASHER SET
�cnP 1/2" IRON ROD WITH "BAKER AIKLEN"
CAP FOUND (UNLESS NOTED OTHERWISE)
®"x" FOUND "X" CUT IN CONCRETE FOUND
P.O.B. POINT OF BEGINNING
BEARING BASIS NOTE:
THE BASIS OF BEARING OF THE SURVEY SHOWN HEREON IS TEXAS STATE
PLANE COORDINATE SYSTEM, CENTRAL ZONE, NAD83(2011), BY UTILIZING
REAL—TIME KINEMATIC (RTK) CORRECTIONS PROVIDED BY RTK COOPERATIVE
NETWORK, MANAGED BY ALLTERRA CENTRAL.
5 stantec
1905 Aldrich Street, Suite 300
Austin, TX 78723
TBPELS # F-6324 TBPELS # 10194230
www.stantec.com
DECEMBER 201
222012641
Client/Project
LONGHORN JUNCTION
SE INNER LOOP GEORGETOWN
Figure No.
SHEET 2 OF 2 _
Me
BOUNDARY DESCRIPTION
EXHIBIT C
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF GEORGETOWN, TEXAS
AND LONGHORN JUNCTION LAND AND CATTLE COMPANY LLC
This Municipal Services Agreement ("Agreement") is entered into on the 214It% day of
lkk�_c,,1CLA , 2023 by and between the City of Georgetown, Texas, a home -rule
municipality_ ofxate of Texas ("City") and Longhorn Junction Land and Cattle Company LLC,
a Texas limited liability corporation ("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 720 SE Inner Loop, which
consists of approximately 9.441 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. 2022-18- 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.
BPI Georgetown (2022-18-ANX) Municipal Service Agreement
1
3. M[UNICIPAL SERVICES.
a. Commencing on the Effective Date, the City will provide the municipal
services set forth below. As used in this Agreement, "providing services"
includes having services provided by any method or means by which the
City may extend municipal services to any other area of the City, including
the City's infrastructure extension policies and developer or property owner
participation in accordance with applicable city ordinances, rules,
regulations, and policies.
i. Fire Protection and Emergency Medical Services — The City of
Georgetown Fire Department will provide response services in the
annexed area consisting 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. Libr — Upon annexation, library privileges will be available to
anyone residing in the annexed area
vii. Stormwater Utility Services — The Property will be included in the
City's Stormwater Utility service area and will be assessed a
monthly fee based on the amount of impervious surface. The fees
BPI Georgetown (2022-18-AN7) Municipal Service Agreement
2
will cover the direct and indirect costs of stormwater management
services.
viii. Streets, Roads, and Street Lighting — The City will provide
preventative maintenance of the existing public streets and roads in
the annexed area over which it has jurisdiction through maintenance
and preventative maintenance services such as emergency pavement
repair; ice and snow monitoring; crack seal, sealcoat, slur,y 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. Solid Waste Services — The City will provide solid waste collection
services in accordance with existing City ordinances and policies,
except where prohibited by law.
xi. Code Compliance — The City's Code Department will provide
education, enforcement, and abatement relating to code violations
within the Property.
xii. Animal Control Services — Upon annexation, the City shall provide
animal control services in the annexed area.
xiii. Business Licenses and Reg ilations — 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
BPI Georgetown (2022-18-ANJ) Municipal Service Agreement
3
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 aclmo viedges 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
BPI Georgetown (2022-18-ANX) Municipal 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: / I
Josh Sclhrdcdcr
Mayor
BPI Georgetown (2022-18-ANX) Municipal Service Agreement
5
Approved as to Form:
Skye Aisson
City Attorney
Attest:
Robyn De more, TRMC
City Secretary
State of Texas §
County of Williamson §
This instrument was acknowledged before me on the day of
by Josh Schroeder, Mayor of the City of Georgetown, a Texas mun' ' I corporatio , on behalf of
said corporation.
By:
Notary Public, State of Texas
EF--. LINDARUTHWHITEMy Notary ID # 124936123
Expires May 24, 2024
BPI Georgetown (2022-18-ANX) Municipal Service Agreement
0
LONGHORN JUNCTION LAND AND CATTLE COMPANY, LLC
i
By:
Drew . Ha
Manager, Longhorn Junction Land and Cattle Company, LLC
State of Texas §
County of ��1i1��f, j��`1�
This instrument was acknowledged before me on the �—on day of , 20;RZ by
Drew G. Hall, Manager of Longhorn Junction Land and Cattle Company, LLC all belialf' of said
L n hoi:n-iLnction Tand anti Role Co ..'Anv r LC.
By:
Notary Public, State of Texas
PATRICIA COLLINS
i Notary ID #124095210
My Commission Expires
March 20, 2026
BPI Georgetown (2022-18-ANX) Municipal Service Agreement
7
EXHIBIT C
BPI Georgetown (2022-18-ANX) Municipal Service Agreement
8
9.441 ACRE
LONGHORN JUNCTION
BOUNDARY DESCRIPTION
EXHIBIT C
DESCRIPTION
FN. NO. 22-255 (ABB)
DECEMBER 16, 2022
JOB NO. 222012648
A 9.441 ACRE OF LAND OUT OF THE LEWIS P. DYCHES SURVEY ABSTRACT
NO. 180, SITUATED IN THE CITY OF GEORGETOWN, WILLIAMSON COUNTY,
TEXAS BEING A PORTION OF THAT CERTAIN TRACT 3 - 62.8417 ACRE TRACT
OF LAND CONVEYED TO LONGHORN JUNCTION LAND AND CATTLE COMPANY BY
DEED OF RECORD IN 2010002544 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS; SAID 9.441 ACRE BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a 1/2 inch iron rod with "BURY" cap found in the
southerly right-of-way line of SE Inner Loop (R.O.W. varies), being
the common northerly corner of Lot 1, Block A, Project Lonestar
Subdivision of record in Cabinet CC, Slides 349-351 of the Plat
Records of Williamson County, Texas and the remaining portion of
said Tract 3 - 62.8417 acres, for the northeasterly corner hereof;
THENCE, S0901312611W, leaving the southerly line of SE Inner Loop,
along the northerly line of said Lot 1, Block A, Project Lonestar
Subdivision, a distance of 426.83 feet to a 1/2 inch iron rod with
"BAKER AIKLIN" cap found at the northeasterly corner of Lot 1,
Block A, Final Plat of Rock Springs Hospital Block A, Lot 1, a
subdivision of record in Document No. 2014008206 of said Official
Public Records, being the southeasterly corner hereof;
THENCE, leaving the northerly line of said Lot 1, Block A, Project
Lonestar Subdivision, along the northerly line of said Lot 1, Block
A, Final Plat of Rock Springs Hospital Block A, Lot 1, for the
southerly and westerly lines hereof, the following two (2) courses
and distances:
1) S7202411911W, a distance of 983.44 feet to a "X" cut in
concrete found at the southwesterly corner hereof;
2) N17°35112"W, a distance of 380.87 feet to PK nail with
"STANTEC" washer set in the southerly line of Southeast Inner
Loop, being the northerly line of said Tract 3 - 62.8417 acre,
for the northwesterly corner hereof;
FNNO. 22-255(ABB)
DECEMBER 16, 2022
SHEET 2 OF 2
THENCE, N72024'10"E, along the southerly line of SE Inner Loop,
being the northerly line of said Tract 3 - 62.8417 acre and hereof,
a distance of 1175.96 feet to the POINT OF BEGINNING, containing
an area of 9.441 acre (411,254 square feet) of land, more or less,
within these metes and bounds.
THE BASIS OF BEARING OF THE SURVEY SHOWN HEREON IS TEXAS STATE
PLANE COORDINATE SYSTEM, CENTRAL ZONE, NAD83(2011), BY UTILIZING
REAL-TIME KINEMATIC (RTK) CORRECTIONS PROVIDED BY RTK COOPERATIVE
NETWORK, MANAGED BY ALLTERRA CENTRAL.
I, AUSTIN B. BURKLUND, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION.
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t`OFRc r AUSTIN B. BURKLUND Date...:....STAATE., CONSULTINGSERVICES INC. R.P.L.S. NO. 6879 B. BURKLUND
1905 ALDRICH STREET STATE OF TEXAS6879
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SUITE 300 TBPELS # 10194230AUSTIN, TEXAS 78723 austin.burklund@stantec.com Sl1fiV �
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Doc. No. 2014008205
LOT 1, BLOCK A
BLUE SPRINGS BUSINESS PARK, LLC
FN N0.22-255(ABB) Doc. NO, 2022085235
(3 stantec
1905 Aldrich Street, Suite 300
Austin, TX 78723
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BOUNDARY DESCRIPTION
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LEGEND
APK PK NAIL WITH "STANTEC" WASHER SET
CAP 1/2" IRON ROD WITH "BAKER AIKLEN"
CAP FOUND (UNLESS NOTED OTHERWISE)
®"X' FOUND "X" CUT IN CONCRETE FOUND
P.O.B. POINT OF BEGINNING
BEARING BASIS NOTE:
THE BASIS OF BEARING OF THE SURVEY SHOWN HEREON IS TEXAS STATE
PLANE COORDINATE SYSTEM, CENTRAL ZONE, NAD83(2011), BY UTILIZING
REAL—TIME KINEMATIC (RTK) CORRECTIONS PROVIDED BY RTK COOPERATIVE
NETWORK. MANAGED BY ALLTERRA CENTRAL.
FN NO.22-255(ABB)
(3 stantec
1905 Aldrich Street, Suite 300
Austin, TX 78723
TBPELS # F-6324 TBPELS # 10194230
www.stantec.com
DECEMBER 2022
222012648
Crient/Pm,ect
LONGHORN JUNCTION
SE INNER LOOP GEORGETOWN
Fgure No
SHEET 2 OF 2
BOUNDARY DESCRIPTION