HomeMy WebLinkAboutAgenda_P&Z_03.04.2014Notice of Meeting for the
Planning and Zoning Commission
of the City of Georgetown
March 4, 2014 at 6:00 PM
at City Council Chambers, 101 East 7th Street, Georgetown, TX
The City of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you
require assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable
assistance, adaptations, or accommodations will be provided upon request. Please contact the City at least four
(4) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 113 East 8th Street for
additional information; TTY users route through Relay Texas at 711.
Regular Session
(This Regular Session may, at any time, be recessed to convene an Executive Session for any purpose
authorized by the Open Meetings Act, Texas Government Code 551.)
A Call to Order
Pledge of Allegiance
Comments from the Chair
- Welcome and Meeting Procedures
Action from Executive Session
Public Wishing to Address the Board
On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found at the
Board meeting. Clearly print your name, the letter of the item on which you wish to speak, and present it to the
Staff Liaison, preferably prior to the start of the meeting. You will be called forward to speak when the Board
considers that item.
On a subject not posted on the agenda: Persons may add an item to a future Board agenda by filing a written
request with the Staff Liaison no later than one week prior to the Board meeting. The request must include the
speaker's name and the specific topic to be addressed with sufficient information to inform the board and the
public. For Board Liaison contact information, please logon to
http://government.georgetown.org/category/boards-commissions/.
B - As of the deadline, no persons were signed up to speak on items other than what was posted on the
agenda.
Consent Agenda
The Statutory Consent Agenda includes non-controversial and routine items that may be acted upon with one
single vote. An item may be pulled from the Consent Agenda in order that it be discussed and acted upon
individually as part of the Regular Agenda.
C - There are no items for the Consent Agenda.
Legislative Regular Agenda
D Election of Vice-chair and Secretary for the 2013-2014 Planning and Zoning Commission.
E Consideration and possible action to approve the minutes of the regular Planning and Zoning
Commission meeting held on February 18, 2014.
F Public Hearing and possible action on a Final Plat of a Replat of Lot B of the Replat of Lot 28, Chaparro
Estates Subdivision, located at 225 Sedro Trail. FP-2013-030 (Carla Benton)
G Public Hearing and possible action on a Special Use Permit to allow automotive uses in a C-3 District,
for Kelley Trust, Phases One, Two and Three, Block A, Lots 1 and 2, located at 7551 South IH 35. SUP-
2014-001 (Carla Benton)
H Public Hearing and possible action on a Final Plat of a Replat of Lot 28, Block A, of The Reserve at
Berry Creek, Section 1C, Lot 28, located at 905 Shinnecock Hills Drive. FP-2014-006 (Mike Elabarger)
I Public Hearing and possible action on a rezoning of 4.10 acres, being Lot 1, G. B. F. Subdivision, from
Residential Single-Family (RS) District to Public Facilities (PF) District, located at 302 Serenada Dr. at
the east corner of Serenada Dr. and Northwest Blvd. REZ-2014-001 (Valerie Kreger)
J Discussion and possible recommendation to City Council regarding direction to staff to proceed with
negotiations of a potential special financing district to facilitate development for a certain ~300 acre
property located in Southeast Georgetown adjacent to Sam Houston Avenue.
K Update on the Georgetown Transportation Advisory Board (GTAB) meetings. (Commissioner Rankin)
Questions or comments from Commissioners-in-Training about the actions and matters considered on this
agenda.
Reminder of the March 18, 2014, Planning and Zoning Commission meeting.
Adjournment
CERTIFICATE OF POSTING
I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of
Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times,
on the ______ day of __________________, 2014, at __________, and remained so posted for at least 72
continuous hours preceding the scheduled time of said meeting.
____________________________________
Jessica Brettle, City Secretary
City of Georgetown, Texas
SUBJECT:
Consideration and possible action to approve the minutes of the regular Planning and Zoning Commission
meeting held on February 18, 2014.
ITEM SUMMARY:
FINANCIAL IMPACT:
SUBMITTED BY:
City of Georgetown, Texas
SUBJECT:
Public Hearing and possible action on a Final Plat of a Replat of Lot B of the Replat of Lot 28, Chaparro
Estates Subdivision, located at 225 Sedro Trail. FP-2013-030 (Carla Benton)
ITEM SUMMARY:
Background: The applicant has requested to re-subdivide an 8.04-acre tract from one residential lot to
two residential lots.
Public Comments: No comments have been received as of the writing of the report.
Special Considerations: None
Recommended Motion: Approval of the request for Final Plat of a Replat of Lot B of the Replat of Lot
28, Chaparro Estates Subdivision.
FINANCIAL IMPACT:
The applicant has paid all required fees.
SUBMITTED BY:
Carla Benton
ATTACHMENTS:
Description Type
Staff Report Cover Memo
Location Map Backup Material
Final Plat Backup Material
Georgetown Planning Department Staff Report
Chaparro Estates, Lot B of Lot 28 Replat Page 1 of 4
Report Date: February 17, 2014
File No: FP-2013-030
Project Planner: Carla Benton, Planner
Item Description
Public Hearing and possible action on a Final Plat of a Replat of Lot B of the Replat of Lot
28, Chaparro Estates Subdivision, located at 225 Sedro Trail.
Staff Recommended Motion
Approval of the request for Final Plat of a Replat of Lot B of the Replat of Lot 28, Chaparro
Estates Subdivision.
Item Details
Project Name: Chaparro Estates Subdivision Rezoning
Location: 225 Sedro Trail (See Exhibit 1)
Total Acreage: 8.04 acres
Legal Description: 8.04 acres being Lot B of the Replat of Lot 28 of Chaparro
Estates Subdivision
Applicant: Josh Schroeder, Jones and Carter, Inc.
Property Owner: Joseph and Mary Tunnicliffe
Contact: Josh Schroeder, Jones and Carter, Inc.
Existing Use: Undeveloped lot
Existing Zoning: Agriculture (AG)
Proposed Zoning: Residential Single-family (RS)
Future Land Use: Low and Moderate Density Residential
Heritage Trees: 3 Heritage Trees on this site
Growth Tier: Tier 1A
Overview of Applicant’s Request
The applicant has requested to re-subdivide an 8.04-acre tract from one residential lot to
two residential lots.
Site Information
Location:
This property is located northeast of the intersection of Sedro Trail and Williams Drive (See
Exhibit 1)
Planning Department Staff Report
Chaparro Estates, Lot B of Lot 28 Replat Page 2 of 4
Physical Characteristics:
The property is currently an undeveloped, heavily treed site with three Heritage Trees.
Property History
The City Council annexed the subject property by Ordinance #95-12 with an Agricultural
(AG) base District. A Final Plat of Chaparro Estates was recorded on February 25, 1980 and
a Replat of Lot 28 was recorded April 20, 1987. A rezoning of the property from AG,
Agriculture to RS, Residential Single-family was approved by City Council on January 28,
2014.
2030 Plan Conformance
The proposed rezoning is in conformance with the 2030 Plan land use designation of Low
and Moderate Density Residential, which is intended to accommodate a density ranging
between 1.1 and 6 dwelling units per gross acre.
The 2030 Plan Growth Tier Map designation is Tier 1A. Within Tier 1A, the city is called on
to conduct assessments of public facility conditions and capacities and to prioritize short
and long term capital investments so as to ensure that infrastructure capacity is sufficient to
serve development intensities as indicated on the Future Land Use Map and in the zoning
districts.
Proposed Final Plat
The proposed replat of Lot B, an 8.04-acre lot, will divide the 8.04 acres into two lots of
approximately 4 acres each. The Heritage Trees are all located to the rear of Lot 28B-1.
Planning Department Staff Report
Chaparro Estates, Lot B of Lot 28 Replat Page 3 of 4
Utilities
The lots are served by Pedernales Electric, Chisholm Trail water, and on-site septic. The
property will develop at the same level of service currently provided within the
development.
Transportation
The lots will be accessed from Sedro Trail off of Williams Drive.
Future Application(s)
No additional applications are anticipated with this project.
Staff Analysis
Staff Recommendation and Basis:
Staff is supportive of the proposed replat as the plat meets all of the requirements of the
Unified Development Code and standards of the City.
Inter Departmental, Governmental and Agency Comments
None
Planning Department Staff Report
Chaparro Estates, Lot B of Lot 28 Replat Page 4 of 4
Public Comments
A total of 15 notices were sent out to property owners within 200 feet of the proposed
replat. Public notice was posted in the Sun newspaper on February 16, 2014. As of the
writing of this report, no comments have been received.
Special Considerations
None
Attachments
Exhibit 1 – Location Map
Exhibit 2 – Final Plat
Meetings Schedule
March 4, 2014 – Planning and Zoning Commission
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SUBJECT:
Public Hearing and possible action on a Special Use Permit to allow automotive uses in a C-3 District,
for Kelley Trust, Phases One, Two and Three, Block A, Lots 1 and 2, located at 7551 South IH 35. SUP-
2014-001 (Carla Benton)
ITEM SUMMARY:
Background: The applicant has requested a Special Use Permit for Kelley Trust, Phases One, Two and
Three, Block A, Lots 1 and 2, being initiated for the development of Lot 1. The proposed development
will be located along Kelley Drive and provide space for new vehicle storage.
Per Table 5.04.010 of the UDC, an “Automotive Sales and Services” Use Category for Sales, Rental or
Leasing, is allowed in the C-3 zoning district, subject to approval of a Special Use Permit by the City
Council.
Public Comments: No comments have been received as of the writing of this report.
Special Considerations: None.
Recommended Motion: Recommendation of approval for the requested Special Use Permit to allow
automotive uses in a C-3 District, for Kelley Trust, Phases One, Two and Three, Block A, Lots 1 and 2.
FINANCIAL IMPACT:
The applicant has paid the required fees.
SUBMITTED BY:
Carla Benton
ATTACHMENTS:
Description Type
Staff Report Cover Memo
Location Map Backup Material
Future Land Use Map Backup Material
Zoning Map Backup Material
Aerial Map Backup Material
Georgetown Planning Department Staff Report
Roger Beasley Mazda - Special Use Permit Page 1 of 4
Report Date: February 18, 2014
File No: SUP-2014-001
Project Planner: Carla Benton, Planner
Item Details
Project Name: Roger Beasley Mazda Dealership
Location: 7551 S. IH 35 and 121 Westinghouse Road (See Exhibit 1)
Total Acreage: 7.63 acres
Legal Description: Kelley Trust, Phases One, Two and Three, Block A, Lots 1 and 2
Applicant: Steve Wenzel
Property Owner: Premier Autogroup, Inc.
Contact: Jerry Jorschick, Premier Autogroup, Inc. Representative
Existing Use: Roger Beasley Mazda auto dealership and undeveloped land
Existing Zoning: General Commercial (C-3) District
Proposed Zoning: General Commercial, C-3 with a Special Use Permit
Future Land Use: Employment Center
Growth Tier: Tier 1A
Overview of Applicant’s Request
The applicant has requested a Special Use Permit for Kelley Trust, Phases One, Two and
Three, Block A, Lots 1 and 2, being initiated for the development of Lot 1. The proposed
development will be located along Kelley Drive and provide space for new vehicle storage.
Per Table 5.04.010 of the UDC, an “Automotive Sales and Services” Use Category for Sales,
Rental or Leasing, is allowed in the C-3 zoning district, subject to approval of a Special Use
Permit by the City Council.
Site Information
Location:
This property is located at the corner of IH-35, Westinghouse Road and Kelley Drive. (See
Exhibit 1)
Planning Department Staff Report
Roger Beasley Mazda - Special Use Permit Page 2 of 4
Proposed Lot 1 development
Property History
Kelley Trust, Phase One, Two and Three subdivision was approved by City Council on
October 27, 1998 and recorded on July 6, 2000. The property was rezoned to General
Commercial (C-3) District by City Council on August 11, 1998 by Ordinance #98-45. A Site
Plan was approved for the development of Lot 2, auto dealership, on May 25, 2001.
Planning Department Staff Report
Roger Beasley Mazda - Special Use Permit Page 3 of 4
Utilities
Electric, water, and wastewater are served by the City of Georgetown. It is anticipated that
there is adequate capacity to serve this property and the expansion does not include any
additional utility demand.
Future Application(s)
The following applications will be required to be submitted:
• Site Plan to be processed administratively.
Staff Analysis
Staff Recommendation and Basis:
This application is being brought forward for a proposed expansion of the Roger Beasley
Mazda auto dealership to allow vehicle storage on Lot 1. The SUP will bring the existing
dealership into compliance with more current Code requirements and allow for the
automotive dealership vehicle storage.
The requirement for a Special Use Permit is to determine appropriate locations for the
automotive industry to ensure compatibility with surrounding uses and entries into the
community. The proposed use is consistent with automotive uses in this area providing for
the centralization of major automotive sales.
Through the above analysis, staff is supportive of the request and recommends approval
based on the request fully meeting the applicable criteria (below) listed in Section 3.07.030(C.):
C. In addition to the criteria for zoning changes in Section 3.06.020, the City Council may
approve an application for a Special Use Permit where it reasonably determines that
there will be no significant negative impact upon residents of surrounding property or
upon the general public. The City Council may consider the following criteria in its
review:
1. The proposed use is not detrimental to the health, welfare, and safety of the
surrounding neighborhood or its occupants.
2. The proposed conceptual site layout, circulation plan, and design are harmonious
with the character of the surrounding area.
3. The proposed use does not negatively impact existing uses in the area and in the
City through impacts on public infrastructure such as roads, parking facilities and
water and sewer systems, and on public services such as police and fire protection
and solid waste collection, and the ability of existing infrastructure and services to
adequately provide services.
Planning Department Staff Report
Roger Beasley Mazda - Special Use Permit Page 4 of 4
4. The proposed use does not negatively impact existing uses in the area and in the
City through the creation of noise, glare, fumes, dust, smoke, vibration, fire hazard,
or other injurious or noxious impact.
Staff is supportive of the proposed request for a Special Use Permit for all of the reasons
stated.
Inter Departmental, Governmental and Agency Comments
None
Public Comments
A total of 3 notices were sent out to property owners within 200 feet of the proposed Special
Use Permit. Public notice was posted in the Sun newspaper on February 16, 2014. As of the
writing of this report, no comments have been received.
Special Considerations
None.
Attachments
Exhibit 1 – Location Map
Exhibit 2 – Future Land Use Map
Exhibit 3 – Zoning Map
Exhibit 4 – Aerial Map (2013)
Meetings Schedule
March 4, 2014 – Planning and Zoning Commission
March 25, 2014 – City Council First Reading
April 8, 2014 – City Council Second Reading
CITY OF
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City of Georgetown, Texas
SUBJECT:
Public Hearing and possible action on a Final Plat of a Replat of Lot 28, Block A, of The Reserve at
Berry Creek, Section 1C, Lot 28, located at 905 Shinnecock Hills Drive. FP-2014-006 (Mike Elabarger)
ITEM SUMMARY:
Background: This Final Plat (a Replat) of Lot 28, Reserve at Berry Creek Section 1C, will be for one (1)
residential lot. The purpose of this plat is to remove the one-story limitation on this lot found in the last
sentence of Plat Note #11, which states “Also Lots 27-37 will be restricted to one story structures.”
Public Comments: As of the writing of this report, one phone call was received from a neighbor who
received the notification letter. Two (2) property owners residing on Brangus Road – unplatted lots in the
Wright Survey in the City's Extraterritorial Jurisdiction (ETJ) – contacted staff prior to the replat
application being filed.
Recommended Motion: Approval of the Final Plat of a Replat of Lot 28, Block A, of The Reserve at
Berry Creek, Section 1C, Lot 28, located at 905 Shinnecock Hills Drive.
FINANCIAL IMPACT:
The applicant paid the required fees.
SUBMITTED BY:
Mike Elabarger, Senior Planner and Andrew Spurgin, Planning Director
ATTACHMENTS:
Description Type
Staff Report Cover Memo
Exhibit 1 - Location Map Backup Material
Exhibit 2 - Future Land Use/Transportation Backup Material
Exhibit 3 - Zoning Map Backup Material
Exhibit 4 - Aerial Map (2013) Backup Material
Exhibit 5 - The Reserve at Berry Creek Section 1C Backup Material
Exhibit 6 - FP-2014-006-Proposed Replat Backup Material
Georgetown Planning Department
Planning & Zoning Commission
Replat of Lot 28, Block A, The Reserve at Berry Creek Page 1 of 5
Meeting Date: March 4, 2014
File No: FP-2014-006
Project Planner: Mike Elabarger
Report Date: February 27, 2014
Item Description
Public Hearing and possible action on a Final Plat of a Replat of Lot 28, Block A, of The
Reserve at Berry Creek, Section 1C, Lot 28, located at 905 Shinnecock Hills Drive.
Staff Recommended Motion
Approval of the Final Plat of a Replat of Lot 28, Block A, of The Reserve at Berry Creek,
Section 1C, Lot 28, located at 905 Shinnecock Hills Drive.
Item Details
Project Name: Replat of Lot 28, Block A, of The Reserve at Berry Creek, Section
1C, Lot 28
Project Address: 905 Shinnecock Hills Drive (see Exhibit 1)
Total Acreage: 12,595 SF (0.29 acre)
Legal Description: Lot 28, Section 1C, The Reserve at Berry Creek
Applicant: P.J. Stevens, Steger Bizzell
Property Owner: Giddens Development, Inc.
Contact: P.J. Stevens, Steger Bizzell
Proposed Lots: 1 residential lot
Streets Proposed: None
Parkland: Parkland requirements were met with original subdivision
Heritage Trees: There are no Heritage Trees located on this plat
Existing Use: Undeveloped land
Existing Zoning: Residential Single-family (RS) per Annexation Ordinance 1996-53.
Growth Tier: Tier 1
Applicant’s Request
This Final Plat (a Replat) of Lot 28, Reserve at Berry Creek Section 1C, will be for one (1)
residential lot. The purpose of this plat is to remove the one-story limitation on this lot
found in the last sentence of Plat Note #11, which states “Also Lots 27-37 will be restricted
to one story structures.” See Exhibit 5, then Exhibit 6.
Planning Department Staff Report
Replat of Lot 28, Block A, The Reserve at Berry Creek Page 2 of 5
Site Information
Location:
The undeveloped lot is located in The Reserve at Berry Creek neighborhood, less than a
mile north of the Georgetown Airport. The lot is on the end of a cul-de-sac (Shinnecock
Hills Drive), where the curve of the cul-de-sac creates a crescent shape at the front of the
lot. The aerial image below is from early 2013.
Physical Characteristics:
The lot is generally flat with several trees on it.
2030 Plan Conformance
The proposed Final Plat does not conflict with the 2030 Plan land use designation of
Moderate Density Residential (MDR), which supports single-family neighborhoods and
associated non-residential uses. The gross density of the original subdivision (Section 1C)
was below the current standard for the MDR category (3-6 dwelling units per acre); the
replat does not propose any new lot boundaries or configurations.
Utilities
The City of Georgetown provides electric, water, and wastewater utilities to the lot. Public
utility easements were dedicated with the original plat in 2002, and are reiterated on this
Replat in accordance with the City of Georgetown standards.
Planning Department Staff Report
Replat of Lot 28, Block A, The Reserve at Berry Creek Page 3 of 5
Transportation
The lot is accessed from Shinnecock Hills Drive.
Background
Subdivision
The property was platted as Lot 28 of The Reserve at Berry Creek Section 1C, which was
recorded with Williamson County on August 28, 2002, and can be found under Document
#2002065516 in the County Public Records (see Exhibit 5). This 27+ acre subdivision created
fifty-four (54) residential lots within the City of Georgetown jurisdiction. It included eleven
(11) Plat Notes governing the development. Note #9 limited impervious cover per lot to
40% (and building cover to 30%). Note #11 created specific development requirements for
Lots 27-37 of Block A:
• Lots 27-34 required to have a 40’ (rear) setback.
• Lots 27-37 required to construct an 8’ (rear) privacy fence.
• Lots 27-37 restricted to one story structures.
Private Restrictions
All properties within this subdivision (Section 1C) are subject to the private ‘Covenants,
Conditions, and Restrictions’ (CCR’s) of The Reserve at Berry Creek Homeowners
Association; this document was initially recorded as Williamson County Document
#199941556. The CCR’s set forth additional design criteria on single-family homes,
including Design Guidelines and review and approval by an Architectural Review
Committee (ARC). A Supplemental Declaration to the CCR’s, recorded in Document
#2002080872, set forth design requirements for Section 1C, The Reserve at Berry Creek. The
following is an excerpt that immediately affects the construction of a house on Lot 28:
• (1.1) - Masonry requirements;
• (1.2) – Minimum square footage within improvements [2,600 Square feet for a one-
story residence or a two-story residence, exclusive of open porches and parking facilities]
• (1.3) – Roofing materials
• (1.4) – Fences
• (1.9) – Garages [All garages will be side entry, rear entry or front entries with a
minimum setback of 25’ behind the house front building line].
Texas Local Government Code
The State Code, under Section 212.014, describes the Replatting process for a subdivision or
part thereof without vacation of the (original) plat. The Code states that a replat may be
recorded and is controlling over the preceding plat without vacation if, per Section
212.014(3), it “…does not attempt to amend or remove any covenants or restrictions.” The
current plat for this property contains Plat Notes, which are not considered covenants or
restrictions, which therefore makes their revision or removal permissible via a Replatting.
Planning Department Staff Report
Replat of Lot 28, Block A, The Reserve at Berry Creek Page 4 of 5
Analysis
The Texas Local Government Code allows the applicant to make this application, and if the
minimum checklist requirements established by the City (and enabled by the State Code)
are met, the subdivision plat must be approved.
Justification
Lot 28 is one of the smaller overall lots subject to Note #11, and the only lot not rectangular
in shape (see Exhibits 1-4), which reduced the amount of frontage width (77.80’, compared
to between 83’ and 100’ for Lots 29-34). This reduced frontage width is further complicated
by being a curve, which pushes the (platted) 25’ front setback line further back into the lot,
creating an irregular (ie, not rectangular) building setback envelope in which to place a
building footprint (foundation); see Exhibit 6, the proposed Replat.
The combination of the platted setbacks [25’ front and 7.5’ side; current UDC setbacks for RS
District are 20’ front and 6’ side], the Plat Note #11 restrictions, and 1.2 and 1.9 above
rendered Lot 28 virtually unbuildable - all of the platted and private restrictions could not
be accomplished. The CCR’s do provide a Variance request process from its requirements,
but relief from any of those private regulations would not have overcome the Plat Note #11
regarding one-story structures.
Future Application(s)
A New Residential Building Permit application must be approved by the City’s Inspection
Services Department for construction on this property.
Staff Recommendation
Staff Recommendation and Basis:
Staff supports the Final Plat (Replat) as it meets all of the requirements of the City’s Unified
Development Code.
Special Consideration:
None
Interdepartmental, Governmental and Agency Comments
None
Public Comments
A total of 8 notices were sent out to property owners within the original subdivision (The
Reserve at Berry Creek Section 1C) and within 200 feet of the proposed Replat, and public
notice was posted in the Sun newspaper on February 16, 2014, as required by the Texas
Local Government Code. As of the writing of this report, one phone call was received from
a neighbor who received the notification letter. Two (2) property owners residing on
Brangus Road – unplatted lots in the Wright Survey in the City’s Extraterritorial
Planning Department Staff Report
Replat of Lot 28, Block A, The Reserve at Berry Creek Page 5 of 5
Jurisdiction (ETJ) – contacted staff prior to the replat application being filed.
Proposed Meetings Schedule
March 4, 2014 – Planning and Zoning Commission
Submitted By
Mike Elabarger, Senior Planner and Andrew Spurgin, Planning Director
Attachments
Exhibit 1 – Location Map
Exhibit 2 – Future Land Use/Transportation Map
Exhibit 3 – Zoning Map
Exhibit 4 – Aerial Map (2013)
Exhibit 5 – The Reserve at Berry Creek Section 1C plat (Document #2002065516)
Exhibit 6 – Proposed plat - Replat of Lot 28, Block A, The Reserve at Berry Creek Section 1C
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City of Georgetown, Texas
SUBJECT:
Public Hearing and possible action on a rezoning of 4.10 acres, being Lot 1, G. B. F. Subdivision, from
Residential Single-Family (RS) District to Public Facilities (PF) District, located at 302 Serenada Dr. at
the east corner of Serenada Dr. and Northwest Blvd. REZ-2014-001 (Valerie Kreger)
ITEM SUMMARY:
Background: The applicant has requested rezoning from the Residential Single-Family (RS) District to
Public Facilities (PF) District to allow for a charter school to occupy the existing building. The site is
currently occupied by Grace Bible Church who wishes to sell the property to Priority Charter School. The
charter school will provide education services to a mix of age groups, including elementary, middle
school, and high school students.
Public Comments: No comments have been received as of the writing of the report.
Special Considerations: None
Recommended Motion: Recommend to City Council Approval of the rezoning of Lot 1, G. B. F.
Subdivision, from Residential Single-Family (RS) District to Public Facilities (PF) District, located at 302
Serenada Dr.
FINANCIAL IMPACT:
The required application fee has been paid.
SUBMITTED BY:
Valerie Kreger, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director
ATTACHMENTS:
Description Type
Staff Report Cover Memo
Exhibit 1 - Location Map Exhibit
Exhibit 2 - Future Land Use Map Exhibit
Exhibit 3 - Zoning Map Exhibit
Exhibit 4 - Aerial Map Exhibit
Georgetown Planning Department Staff Report
G. B. F. Subdivision, Lot 1 Rezoning Page 1 of 4
Report Date: February 26, 2014
File No: REZ-2014-001
Project Planner: Valerie Kreger, AICP, Principal Planner
Item Description
Public Hearing and possible action on a rezoning of 4.10 acres, being Lot 1, G. B. F.
Subdivision, from Residential Single-Family (RS) District to Public Facilities (PF) District,
located at 302 Serenada Dr. at the east corner of Serenada Dr. and Northwest Blvd.
Item Details
Project Name: Grace Bible Church Rezoning
Location: 302 Serenada Drive (See Exhibit 1)
Total Acreage: 4.10 acres
Legal Description: 4.10 acres being Lot 1 of the G. B. F. Subdivision
Applicant: Gary Cocanougher, ERA Colonial Real Estate
Property Owner: Grace Bible Church
Existing Use: Church
Existing Zoning: Residential Single-Family (RS)
Proposed Zoning: Public Facilities (PF)
Future Land Use: Mixed Use Neighborhood Center
Growth Tier: Tier 1A
Overview of Applicant’s Request
The applicant has requested rezoning from the Residential Single-Family (RS) District to
Public Facilities (PF) District to allow for a charter school to occupy the existing 8,288
square foot building. The site is currently occupied by Grace Bible Church who wishes to
sell the property to Priority Charter School, which is currently leasing space from Heritage
Baptist Church in Georgetown. The charter school will provide education services to a mix
of age groups, including elementary, middle school, and high school students. Grace
Academy, a K-12 private school, operated at this location from 2002-2008. UDC changes in
2010 removed high schools as a permitted use in the RS district and added a Special Use
Permit requirement for middle schools in the RS district. Since the private school has been
removed for some time now, the inclusion of high school and middle school students is no
longer grandfathered and therefore necessitates the rezoning to the PF district.
Planning Department Staff Report
G. B. F. Subdivision, Lot 1 Rezoning Page 2 of 4
Site Information
Location:
This property is located at the east corner of the intersection of Serenada Drive and
Northwest Boulevard (See Exhibit 1)
Physical Characteristics:
The relatively flat property is currently developed with a church facility.
Surrounding Properties:
The surrounding properties include vacant residentially zoned properties in the city limits
and residential home sites (Serenada subdivision) in the ETJ across Serenada Drive from
the subject site. The City’s tennis center and airport are nearby. (See Exhibit 4)
Location Zoning Future Land Use Existing Use
North ETJ Low Density Residential Serenada subdivision;
residential
South Residential Single-
Family (RS)
Mixed Use
Neighborhood Center undeveloped
East Residential Single-
Family (RS)
Mixed Use
Neighborhood Center undeveloped
West ETJ Low Density Residential Serenada subdivision;
residential
(See Exhibits 2 and 3)
Planning Department Staff Report
G. B. F. Subdivision, Lot 1 Rezoning Page 3 of 4
Property History
The City Council annexed the subject property in November of 1986 (Ordinance #86-56).
The default zoning for annexation at that time was residential. A Final Plat for the G. B. F.
Subdivision was recorded on July 9th, 1987, and a site plan (detailed development plan) for
the church development was approved on April 4th, 1987.
2030 Plan Conformance
The proposed rezoning is in conformance with the 2030 Plan land use designation of Mixed
Use Neighborhood Center, which may include non-commercial uses such as churches,
schools, or small parks.
The 2030 Plan Growth Tier Map designation is Tier 1A, which is the portion of the City
where infrastructure systems are in place, or can be economically provided, and where the
bulk of the City’s growth should be guided over the near term.
Proposed Zoning District
The Public Facilities (PF) District is intended to provide a location for government and
other public or quasi-public facility operations, including schools, hospitals, government
offices, churches and other related uses. Some uses allowed in this District might generate
heavy traffic volumes and high-intensity operations. The PF District shall contain uses that
are allowed in both residential and non-residential districts and is subject to non-residential
design and landscaping standards for compatibility.
Utilities
The City of Georgetown provides water, wastewater, and electric services at this location.
Transportation
The site is located at the intersection of a minor arterial (Serenada Drive) and a collector
(Northwest Boulevard). Access to the existing facility is provided via Serenada Drive. A
Traffic Impact Analysis (TIA) was not deemed necessary for review of this rezoning.
Future Application(s)
A Certificate of Occupancy will be required for the change of use. Building permits will be
required if any interior alterations are needed to accommodate the proposed use as a
school.
Planning Department Staff Report
G. B. F. Subdivision, Lot 1 Rezoning Page 4 of 4
Staff Analysis
Staff Recommendation and Basis:
This application proposes a rezoning from Residential Single-Family (RS) District to Public
Facilities (PF) District. Staff is supportive of the proposed request for rezoning based on
the following:
1. The request is consistent with the 2030 Comprehensive Plan, Mixed Use
Neighborhood Center Use Category, which supports both the existing church
use and the proposed school use.
2. The surrounding area is either developed with large lot residential properties
(located in the ETJ) and governmental uses or is undeveloped. Nearby uses
include the City’s tennis center, the Georgetown Airport, and further down
Northwest Boulevard, Benold Middle School and Frost Elementary School.
3. The transportation network supports the proposed rezoning as the property is
located at the intersection of a minor arterial road and a collector road.
Inter Departmental, Governmental and Agency Comments
None
Public Comments
One notice was sent out to an owner of property (two tracts) within the city limits and
within 200 feet of the proposed rezoning. Public notice was posted in the Sun newspaper
on February 16th, 2014. As of the writing of this report, no public comment has been
received.
Special Considerations
None
Attachments
Exhibit 1 – Location Map
Exhibit 2 – Future Land Use Map
Exhibit 3 – Zoning Map
Exhibit 4 – Aerial Map (2013)
Meetings Schedule
March 4, 2014 – Planning and Zoning Commission
March 11, 2014 – City Council First Reading
March 25, 2014– City Council Second Reading
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Exhibit #2REZ-2014-001
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City of Georgetown, Texas
SUBJECT:
Discussion and possible recommendation to City Council regarding direction to staff to proceed with
negotiations of a potential special financing district to facilitate development for a certain ~300 acre
property located in Southeast Georgetown adjacent to Sam Houston Avenue.
ITEM SUMMARY:
Background:
In anticipation of future development resulting from completion of the SH-130 tollway the Georgetown
City Council annexed land along the SH-130 corridor during 2006 in order to extend land use controls
over this area, such as zoning and permitting.
In 2008 the City Council adopted the Georgetown 2030 Comprehensive Plan that established a vision for
increasing density, mixed-use development and the need for employment centers across the community.
The 2030 Plan becomes a basis for other policy actions such as utility planning, transportation plans, and
CIP programming.
One of the locations identifed in the 2030 Plan for "Employment Center" land use is along the SE1
corridor (a.k.a. Sam Houston Avenue) and along the SH-130 corridor roughly between the Dove Springs
Treatment Plant and Westinghouse Road. The Employment Center category is intended as a deliberate
blend of commercial and industrial uses that anchor a locus of major employers and contribute to the
economic development of Georgetown.
The Employment Center category authorizes a degree of multi-family development supportive of major
employers, similar to the La Frontera development in Round Rock or the Tech Ridge development in
North Austin. The Georgetown Transportation Enhancement Corporation (GTEC) participated to fund
construction of Sam Houston Avenue in anticipation of facilitating this Southeast Georgetown
Employment Center.
Since the time of annexation there has been little interest in developing the land in the Southeast
Employment Center, for any type of land use. Much of this area is served by Jonah water and Oncor
electric and does not have existing wastewater infrastructure.
Issue:
Recently city staff was approached by a potential developer with plans for a c300 acre property known as
“Woodhull” located in the Southeast Employment Center. This developer has indicated an intent to carry
out a primarily single-family residential development that retains only a small amount of land for future
commercial and multi-family development.
The developer has proposed creation of a Municipal Utility District (MUD) to assist with financing the
debt for the project's infrastructure. A MUD could potentially assist the City with construction of a
wastewater line of approximately one-quarter (1/4) mile length with appropriate oversizing that could
serve this development as well as several additional properties in the southeast sector that could develop
once off-site wastewater infrastructure is established. Since this location is Oncor Electric and Jonah
Water, there would be little direct benefit to Georgetown Utility Systems.
Existing criteria in Section 13.10 of the Unified Development Code (UDC) for evaluating a request for
MUD contemplates a location outside the City Limits. This criterion gives City Council the option to
either annex and serve the property with water and wastewater within 4 1/2 years. As this location is
already in the City and within the ultimate wastewater service boundary, this criteria seemingly would
make this location ineligible for a MUD. To allow City Council the opportunity to go beyond existing
UDC provisions, additional direction to staff is requested.
Staff has identified avenues for the proposed 300 acre development to proceed however before the project
proceeds into more technical levels of study and review, staff and the developer mutually decided it was
appropriate to obtain direction from City Council on the merits of the proposal. Two main issues should
be given consideration:
1). Is a proposal that is primarily residential land use desirable in an area designated by current City
planning policies for Employment Center land use?
2). Is disannexing property from the city limits an acceptable means to facilitate development in this
location due to the situation that exists?
Staff is generally unsupportive of disannexing land from the corporate limits of the City purely to enable
development entitlements resulting in special privileges not generally available to other properties. Also,
City Council should beware of the financial advantage that may accrue for this property by this action
may cause neighboring properties to claim that they are unable to fairly compete in the market if they are
not also allowed to disannex to obtain a MUD. In essence this is a precedent that Council should consider
if there are ramifications beyond the scope of the current proposal. Staff will support a unique one-time
request at this particular location if City Council determines that the extraordinary measures outlined
above are necessary to attract new development to the underdeveloped southeast quadrant of Georgetown.
Next Steps:
The Planning & Zoning Commission is requested to make a recommendation to City Council on this item
and specifically if the measures that would depart from the 2030 Plan and disannex 300 acres of territory
are appropriate. If directed by City Council to proceed with the Woodhull proposal, staff will negotiate
with the developer and property owner to seek the maximum of benefits to the greater Georgetown
community including:
1. Off-site road and utility improvements;
2. Sales tax collection;
3. A parks or series of park to be reviewed and accepted by the Parks & Recreation Board;
4. Retention of a developable strip of Employment Center land uses along the frontage of Sam Houston
Avenue and the eastern extent closer to SH-130 including a potential Municipal Management District
(MMD); and
5. Thoughtful neighborhood design that exceed UDC minimum standards with consideration to housing
diversity, street layout, community amenities and relationship to adjacent public school sites.
6. Request transitioning the property from Oncor and Jonah into Georgetown's utility service area.
Potential future actions by City Council that would facilitate this development, and the proposed MUD,
may include Comprehensive Plan amendment and an agreement with the property owner to disannex the
land from full purpose jurisdiction in order to establish a special financing district, such as a MUD. City
consent to a special financing district allows the City opportunity to control land uses and densities
consistent with the scheme when annexed in 2006 and potentially collect sales taxes, while keeping
residential land outside of the City Limits as long as there is outstanding debt held by the District. During
the life of the District, it could contract for city services such as fire, police and park access which would
help residents feel like that they are a part of the greater Georgetown community. Upon retirement of
District's debt the City could reannex the land for full purposes.
Alternatives:
City Council could retain this 300 acres within the City Limits and consider the following actions, either
individually or in combination:
1). Direct staff to continue to seek out the Employment Center land uses established in the 2030
Comprehensive Plan and explore funding opportunities through GEDCo, GTEC and/or a Tax Increment
Reinvestment Zone (TIRZ). A large industrial user has approached the City's Economic Development
Department seeking location assistance, and the Woodhull tract is a site recommended by staff to this
customer.
2). Direct staff to work with the developer on the timing and sizing of off-site wastewater and accelerate
the current Capital Improvement Program (CIP) for this location, to open us this property and several
others to development.
These options have been offered to the developer and the desire to establish a MUD remains the
preference.
FINANCIAL IMPACT:
Policy direction only. Future actions related to this development may have financial impacts that will be
referenced when those items are brought forward.
SUBMITTED BY:
Andrew Spurgin, AICP; Planning Director
ATTACHMENTS:
Description Type
UDC -district criteria Backup Material
Map - SE employment center Exhibit
13-18 Georgetown, Texas
Unified Development Code
D. Impact Fee Credit Calculations
1. When the sub-divider constructs line extensions included in the ten-year Impact Fee CIP,
the sub-divider may be eligible for an Impact Fee Credit on the fee assessment for each
lot in the planned development.
2. Impact Fee Credit shall be calculated based upon the number and size of service
connections and the allocation of costs in the most recent Impact Fee Calculation.
E. Cost Participation Calculations
1. The developer may be reimbursed for eligible construction costs of the oversized
facilities greater than the utility minimum diameter. Cost participation shall be based
upon the diff erence in cost between the actual line size and the line size required to
serve the development, subject to the utility minimum.
2. The fees shall be calculated by GUS using information from the developer’s engineer,
using a methodology that apportions the developer’s planned usage (based upon the
minimum pipe size) to the available usage due to oversizing, and the following sources:
a. Water/Wastewater facilities – the developer’s engineer shall use the City’s approved
water or wastewater master plan as a basis for calculating residential fl ow per
dwelling unit. Calculations for non-residential units shall be calculated using the
latest edition of the “Design Criteria for Sewage Systems,” as produced by the
Texas Commission on Environmental Quality.
b. Irrigation facilities – calculations for irrigation re-use facilities shall be made using
the City’s irrigation master plan.
3. Costs used in calculating cost participation shall be based on construction costs in eff ect
at the time the tap is made. All calculations shall be submitt ed to GUS for appropriate
review, verifi cation, and approval.
13.09.040 Engineering
A. The City will charge for engineering inspection during construction and for fi nal inspection
as established by City Council resolution from time to time; however, it is to be understood
that the City will do no layout work or daily inspection.
B. The City will require compaction tests on embankments and fl exible bases, and depth
tests on fl exible bases and pavements, and pressure tests on piping systems, before fi nal
inspection and approval. Charges for such inspection shall be as established by City
Council resolution from time to time.
Section 13.10 Creation of Special Districts
13.10.010 Purpose and Intent
To provide for the prudent use of political subdivisions that are created pursuant to Article III,
Section 52, and/or Article XVI, Section 59, of the Texas Constitution and that are authorized by
law to provide water, wastewater, drainage, and other services (“districts”), in order to allow
development within the City’s corporate boundaries and extraterritorial jurisdiction that is
generally consistent with the City’s Comprehensive Plan.
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Unified Development Code
This section is intended to be equitably applied to the creation of, inclusion of land within, and
operation of all proposed districts, while allowing fl exibility necessary to address unique factors
that may arise with respect to each proposed district.
Prior to considering whether to consent to or support the creation of a district, the City will
consider whether the City is able to provide water and/or wastewater service to the area
proposed to be included in the district and whether such area is within the City’s projected
ultimate city limit boundary.
The standards established in this section are intended to carry out the following purposes:
• Encourage quality development;
• Protect the water quality within all watersheds of the City;
• Protect the water quality of the City’s drinking water sources;
• Allow the City to enforce land use and development regulations consistent with the City’s
comprehensive plan;
• Provide for construction of infrastructure consistent with City standards and City
inspection of such infrastructure;
• Provide notice to residents of the district that the City may annex the district at some
future time;
• Facilitate cost-eff ective construction of infrastructure to serve the area within the district,
including police and fi re stations, that is consistent with City standards and plans, so that
the potential fi nancial burden on the citizens of Georgetown will be reduced, in the event
of annexation of such land by the City;
• Provide for extension of water and wastewater lines that will serve future growth in the
City and its extraterritorial jurisdiction consistent with the City’s regional utility planning.
• Establish guidelines for reasonable conditions to be placed on;
•Issuance of bonds by the district; and
•The City’s consent to creation of the district, including conditions consistent with the
City’s water and sewer bond ordinances regarding creation of districts that might
otherwise detrimentally compete with the City’s utility systems;
• Establish guidelines for other mutually benefi cial agreements by the City and the district;
• Provide a procedural framework for responding to an application seeking the City’s
consent to the creation of a district; and
13.10.020 Defi nitions
A. Bond. Instrument, including a bond, note, certifi cate of participation or other instrument
evidencing a proportionate interest in payments due to be paid by an issuer or other type
of obligation that: (1) is issued or incurred by an issuer under the issuer’s borrowing
power; without regard to whether it is subject to annual appropriation; and (2) is
represented by an instrument issued in bearer or registered form or is not represented by
an instrument but the transfer of which is registered on books maintained for that purpose
by or on behalf of the issuer.
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Unified Development Code
B. Certifi cate of convenience and necessity (CCN). A permit issued by the Texas
Commission on Environmental Quality (“TCEQ”) authorizing a specifi ed utility to be the
retail water or sewer service provider in a specifi ed area.
C. City Council. City Council of the City of Georgetown.
D. Consent agreement. An agreement between the City and owners and developers of
land in a proposed district which, if agreed to, shall be att ached to the consent resolution
adopted by the City Council.
E. Consent resolution. A resolution approved by the City Council sett ing forth terms of its
consent to creation of a district.
F. Consent to creation of a district. Authorization for the owners of land in a proposed
district to initiate proceedings to create a district as provided by law.
G. District. A municipal utility district (“MUD”), water control and improvement district
(“WCID”), fl esh water supply district (“FWSD”), or similar political subdivision created to
provide water, sewer or drainage utility services, roads, or other services allowed by law
to a specifi ed area, pursuant to Article III, Section 52, and/or Article XVI, Section 59, of the
Texas Constitution.
H. Extraterritorial jurisdiction (ETJ). Unincorporated area generally extending two miles
from the City limit, excluding other incorporated municipalities and their ETJ, in which the
City has the authority to annex property, as determined in accordance with Chapter 42 of
the Local Government Code.
I. Strategic partnership agreement. An agreement between the City and a district addressing
the relationship between the City and the district, including limited purpose annexation of
commercial areas and other matt ers pursuant to Section 43.0751 of the Local Government
Code.
J. TCEQ. The Texas Commission on Environmental Quality or its successor.
13.10.030 Prerequisites to Consent to Creation of a District
A. Before the City Council consents to creation of a district, the following issues shall be
considered in accordance with this chapter:
1. If applicable, whether the area proposed for inclusion in the district meets criteria for
annexation set out in the City’s annexation policy and is within the City’s projected
ultimate city limit boundary; and
2. Whether the City will provide water and/or wastewater services to the land within
the proposed district at a reasonable cost and will commence construction of facilities
necessary to serve the land within 2 years and substantially complete such construction
within 4½ years after submitt al of the petition pursuant to the City’s policies on the
extension of utility services.
B. If the determination on both issues 1 and 2 above is negative, then before consenting to the
creation of a district, the City Council shall consider further whether the creation of the
district is feasible, practicable, necessary for the provision of the proposed services and
would be a benefi t to the land, and therefore warrants the City’s consent, consistent with
the other considerations in this policy.
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Unified Development Code
C. If the determination on either of the two issues is affi rmative, then the City Council shall
not consent to creation of the district unless the applicant demonstrates that unique factors
justify its creation. If appropriate under the circumstances, the City shall:
1. Commence negotiations with the owners of at least 50 percent of the land in the
proposed district and a majority of the qualifi ed voters concerning the City’s provision
of water and wastewater services, upon receipt of a petition submitt ed by such persons
in accordance with Local Government Code, Section 42.042; or
2. Commence proceedings to annex the land in the proposed district.
13.10.040 Staff Analysis
Upon receipt of an application seeking the City’s consent to creation of a district and after a
preliminary determination of the prerequisites in Section 13.10.030, City staff shall analyze the
proposed development and its potential impact on facilities and services. The applicant shall
provide the following preliminary information relative to the land proposed to be included in
the district, if available:
A. Engineering report showing:
1. Preliminary water availability study, including copies of any proposed contracts;
2. Preliminary wastewater treatment availability, including copies of any proposed
contracts;
3. Preliminary drainage study; and
4. Preliminary road study for any roads proposed to be reimbursed by bonds.
B. Preliminary cost estimates for water, wastewater, drainage or road facilities or projects, and
any other proposed district facilities to be reimbursed or paid for by the issuance of district
bonds;
C. Master development plan showing general layout of proposed land uses; major streets and
roads; water, wastewater, and drainage facilities; and any other district facilities;
D. Information concerning provision of fi refi ghting and law enforcement services;
E. Estimated buildout schedule by year with estimated assessed valuations in the district;
F. Estimated ultimate amount of bonds to be issued by the district, ultimate debt service
requirements, and projected district tax rate;
G. District boundary and vicinity map;
H. Traffi c study identifying potential impacts on:
1. The City’s road system serving the land proposed to be included in the district, if all
or any portion of the land is located within the City or within two miles of the City’s
boundaries; and
2. The county’s road system,this traffi c study is in addition to any traffi c studies required
by the City’s subdivision regulations in connection with submitt al of subdivision plats;
3. If all or any portion of the proposed district is located outside the City’s boundaries,
13-22 Georgetown, Texas
Unified Development Code
proof that the applicant has provided the following information by certifi ed mail to the
Williamson County Judge and each member of the Commissioners Court: the name,
acreage, and location of the proposed district, buildout schedule, estimated population
on total buildout, and map of the area;
4. Such other information as City staff may reasonably require to analyze the need for the
proposed facilities and the development’s potential impact; and
5. Any proposed City consent agreements.
13.10.050 Conditions to City’s Consent to Creation of a District
If the City Council elects to consent to the creation of or inclusion of land within a district,
then it shall impose the following requirements as conditions of the City’s consent, and such
requirements shall be stipulated in the consent resolution and/or other ancillary agreement,
unless the City Council determines that requirements are not appropriate with regard to a
specifi c district.
A. All water, wastewater, drainage, and road infrastructure and facilities as well as any other
infrastructure or facilities to be reimbursed or paid for by the issuance of district bonds,
shall be designed and constructed to City standards, including without limitation fi re
fl ow standards and utility and road design, construction and installation standards, in
accordance with plans and specifi cations that have been approved by the City. In the event
of a confl ict between City water and wastewater standards and standards imposed by the
CCN holder for the proposed district, City standards shall prevail, unless otherwise agreed
by the City.
B. The City shall have the right to inspect all facilities being constructed by or on behalf of the
district and to charge inspection fees consistent with the City’s inspection fee schedule, as
amended from time to time.
C. Bonds, including refunding bonds issued by the district, shall, unless otherwise agreed to
by the City, comply with the following requirements, provided such requirements do not
generally render the bonds unmarketable:
1. Maximum maturity of 20 years for any one series of bonds;
2. Interest rate that does not exceed 2% above the highest average interest rate reported
by the Daily Bond Buyer in its weekly “20 Bond Index” during the one month period
preceding the date notice of the sale of such bonds is given;
3. The bonds shall expressly provide that the district shall reserve the right to redeem
bonds at any time subsequent to the tenth (10th) anniversary of the date of issuance,
without premium. No variable rate bonds shall be issued by a district without City
Council approval; and
4. Any refunding bonds of the district must provide for a minimum of 3% present value
savings and that the latest maturity of the refunding bonds may not extend beyond the
latest maturity of the refunded bonds unless approved by the City Council.
D. The City shall require the following information with respect to bond issuance:
1. At least 30 days before issuance of bonds, except refunding bonds, the district’s fi nancial
advisor shall certify in writing that the bonds are being issued within the existing
Georgetown, Texas 13-23
Unified Development Code
economic feasibility guidelines established by the TCEQ for districts issuing bonds for
water, sewer, or drainage facilities in the county in which the district is located and shall
deliver the certifi cation to the City Secretary, and the City.
2. At least 30 days before the issuance of bonds, the district shall deliver to the City
Secretary, and the City Manager notice as to:
a. The amount of bonds being proposed for issuance;
b. The projects to be funded by such bonds; and
c. The proposed debt service tax rate after issuance of the bonds.
d. If the district is not required to obtain TCEQ approval of the issuance of the
bonds (other than refunding bonds), the district shall deliver such notice to the
City Secretary, and the City Manager at least 60 days prior to issuing such bonds.
Within 30 days after the district closes the sale of a series of bonds, the district
shall deliver to the City Secretary, and the City Manager a copy of the fi nal offi cial
statement for such series of bonds. If the City requests additional information
regarding such issuance of bonds, the district shall promptly provide such
information at no cost to City.
E. The purposes for which a district may issue bonds shall be restricted to the purchase,
construction, acquisition, repair, extension and improvement of land, easements, works,
improvements, facilities, plants, equipment, and appliances necessary to:
1. Provide a water supply for the district for municipal uses, domestic uses, and
commercial purposes;
2. Collect, transport, process, dispose of and control all domestic, industrial or communal
wastes from the district whether in fl uid, solid, or composite state;
3. Gather, conduct, divert, and control local storm water or other local harmful excesses of
water in the district; and
4. Pay organization and administrative expenses, operation expenses during construction,
cost of issuance, interest during construction, and capitalized interest.
5. If appropriate in a particular district, the City may consent to issuance of bonds for
purchase, construction, acquisition, repair, extension, or improvement of fi re stations,
roads, and/or other capital improvements that are mutually agreed upon by the City
Council and the applicant.
F. The district shall contain suffi cient acreage to assure the economic viability of the district
but no more acreage than can feasibly be annexed at one time. In general, a district is not
expected to include less than 200 acres or more than 500 acres.
G. Development within the district shall be consistent with the City’s Comprehensive Plan.
H. No district shall include land in more than one city’s Extraterritorial Jurisdiction.
I. The City and the owners of all land in the proposed district shall reach agreement on the
terms of a development agreement pursuant to Local Government Code, Section 212.171, et
seq. to extend the City’s planning authority over land included in the district by providing
for approval of a development plan, authorizing enforcement by the City of land use and
13-24 Georgetown, Texas
Unified Development Code
development regulations, and including other lawful terms and considerations the parties
consider appropriate. The development agreement shall include provisions relating to the
following matt ers:
1. Land use plan refl ecting all approved land uses and residential densities;
2. Compliance with City construction Codes, including permit requirements;
3. Compliance with City and other applicable stormwater and water quality regulations;
4. Development standards comparable to City zoning regulations; and
5. Dedication and development of park land, open space, and trails.
The above list is not intended to be exhaustive. It is expected that the parties will cooperate
to identify those matt ers unique to the district that may be addressed in a development
agreement.
J. At least 30 days before issuance of bonds, the district shall certify in writing that the district
is in full compliance with the consent resolution approved by the City Council and, to the
extent such agreements impose requirements on the district, with the consent agreement,
strategic partnership agreement and all other agreements executed by the City and the
district, and shall deliver the certifi cation to the City Secretary, and the City Manager.
K. No land within the district shall be allowed, at any time in the future, to incorporate,
join in an incorporation, or be annexed into any incorporated city other than the City of
Georgetown.
L. No land shall be annexed by the district without prior City Council approval.
M. The district shall not construct or install infrastructure or facilities to serve areas outside
the district or sell or deliver services to areas outside the district without prior City Council
approval.
N. After creation of the district, and unless otherwise expressly authorized by the consent
agreement or development agreement, no district shall be converted into another type of
district, consolidated with another district, divided into two or more new districts or seek
additional governmental powers that were beyond its statutory authority at the time the
district was created, without prior City Council approval.
O. If allowed by law, the City may annex any commercial development within the district for
limited purposes pursuant to Local Government Code, Section 43.0751, and may impose
a sales and use tax within the area annexed for limited purposes. If limited purpose
annexation is not allowed by law, then the City may not consent to inclusion of commercial
retail areas within the district. The City may consider sharing tax receipts with the district,
provided the district’s share is used to fi nance infrastructure, retire bond debt or for other
purposes acceptable to the City.
P. The district shall not issue any bonds other than those authorized by the consent agreement
without City Council approval.
Q. The district shall fi le a notice in the real property records of all counties in which the
district is located stating that the City has authority to annex the district. The parties may
att ach a form of such notice to the consent agreement or development agreement.
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Unified Development Code
R. The district shall send a copy of the order or other action sett ing an ad valorem tax rate to
the City Secretary, and the City Manager within 30 days after district adoption of the rate.
S. The district shall, send a copy of its annual audit to the City Secretary, and the City
Manager within 30 days after approval.
T. The City shall encourage the district to maintain a debt service structure that will ensure
that the district’s taxes are maintained at a rate at least equal to the City’s tax rate, to the
extent feasible.
U. The district shall provide copies of any material event notices fi led under applicable federal
securities laws or regulations to the City Secretary, and the City Manager within 30 days
after fi ling such notices with the applicable federal agency.
V. Construction of capital improvements such as fi re stations and recreational amenities shall
be encouraged.
W. Sharing of fi re stations, recreational amenities, and other capital improvements by the City
and the district shall be encouraged.
X. If construction or expansion of a wastewater treatment facility is proposed to serve the
district, the plant design shall conform to all applicable state and federal permitt ing and
design standards. In addition, any wastewater discharge shall be permitt ed to meet
effl uent limitations no less stringent than 5-5-2-1 (5 parts per million {“ppm”} biochemical
oxygen demand; 5 ppm total suspended solids; 2 ppm nitrogen; and 1 ppm phosphorus) or
the current limits in permit(s) held by the City, whichever is strictest. The City reserves the
right to protest any wastewater treatment facility permit application or amendment.
Y. The board of directors of the district and landowners within the district shall assist the City
in annexing one or more areas as reasonably necessary for the City to connect areas to the
City that are outside the district and that the City intends to annex in the foreseeable future.
Z. The City shall require the district to complete a traffi c impact analysis pursuant to Section
12.05 of this Code.
AA. The City may agree not to annex and dissolve the district any earlier than the fi rst to
occur of: (i) extension of water, sanitary sewer, and drainage facilities to serve 90% of the
land within the district; or (ii) 15 years after creation of the district. The contract between
the City and the district may provide that the City may set rates for water and/or sewer
services for property that was within the district that vary from those for other properties
within the City in order to compensate the City for assumption of district obligations
upon annexation, in compliance with any statutory requirements applicable to such an
agreement.
AB. The consent agreement and ancillary documents shall include terms providing for the
district to be fully developed and ready for full purpose annexation by the City within a
reasonable time period.
AC. The applicant shall reimburse the City for expenses incurred by the City in connection with
the City’s consent to formation of the district, including but not limited to professional
fees incurred in connection with negotiation and preparation of the consent resolution,
consent agreement, development agreement, strategic partnership agreement, and related
documents.
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13.10.060 City Operations Compensation Fee
A fee shall be assessed for each residential unit within the district equal to the proportion of City
operations att ributed to serving residents of the district. The fee shall be calculated as follows:
B = Total General Fund budget for the fi scal year in which the consent application is fi led.
P = The estimated population of the City at the time the consent application is fi led.
H = The estimated average household size within the City at the time the consent application is
fi led.
D = The percentage of City services used by district residents. This percentage shall be adopted
by the City annually as a part of the City’s budget adoption process.
Y = Number of years of duration of the district.
R = Discount rate. This rate shall be adopted by the City annually as a part of the City’s budget
adoption process.
PV = Present value.
City Operations Compensation Fee = PV(R,Y,-((B /(P /H)) * D))
Example:
B = $24,000,000
P = 41,000
H = 2.8
D = 15%
Y = 20
R = 6%
Fee = $2,819.92
2030 Comprehensive Plan
Southeast Georgetown Sector