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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 C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N CITY OFGEORGETOWN G e o r g eto w n E T J G e o r g e t o w n E T J G e o r g e t o w n E T J WILLIAMS DR R E D P O P P Y TRL L I A T R I S L N SED R O TRL VINCA DR DEWBERRY DR O L D E O A K D R D A N D E L I O N D R PEN N Y L N FP-2013-030Exhibit #1 Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only 0 500 1,000Feet ¯ LegendSiteParcelsCity LimitsGeorgetown ETJ Williams Dr Del W ebbBlvd. Site City Lim its Street Site ³ FP-2013-030 City of Georgetown, Texas 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 GEORGETOWN C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N G e o r g e t o w n E T J S I H 3 5 N B SIH35FR S I H 3 5 F W Y N B HEWLETT LOOP W E S T I N G H O U S E R D N I H 3 5 F W Y HEWLET T L O O P S I H 35 FW Y S B EXIT 259 NB K E L L E Y D R SUP-2014-001 SUP-2014-001 Exhibit #1 Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only 0 500 1,000Feet ¯ LegendSiteParcelsCity LimitsGeorgetown ETJ §¨¦35 §¨¦35 W e s ti n g h o u s e R dSite City Limits Street Site ³ CITY OF GEORGETOWN CITY OF GEORGETOW N C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N G e o r g e t o w n E T J N I H 3 5 F R S I H 3 5 F W Y N B JOHN H A M I L T O N W A Y W E S T I N G H O U S E R D EXIT 257 SB N I H 3 5 F W Y EXIT 259 NB K E L L E Y D R S I H 35 FW Y S B S I H 3 5 N B SIH35 SB S IH 35 FR HEWLETT L O O P H E W L E T T L O O P SUP-2014-001 0 500 1,000Feet Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJ Future Land Use / Overall Transportation Plan Exhibit #2SUP-2014-001 Legend Thoroughfare Future Land Use Institutional Regional Commercial Community Commercial Employment Center HIgh Density Residential Low Density Residential Mining Mixed Use Community Mixed Use Neighborhood Center Moderate Density Residential Open Space Specialty Mixed Use Area Ag / Rural Residential W e s ti n g h o u s e R d §¨¦35 U N I V E R S I T Y B L V D Site ³ City Limits Street Site Existing Collector Existing Freeway Existing Major Arterial Existing Minor Arterial Existing Ramp Proposed Collector Proposed Freeway Propsed Frontage Road Proposed Major Arterial Proposed Minor Arterial Proposed Railroad C I T Y OFGEORGETOW N CITYOF GEORGETOWN C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N Georgetown ETJ SUP-2014-001 J O H N H A M I LT O N W AY N I H 3 5 F R S IH 35 FR W E ST I N G H OU S E R D S I H 3 5 S B EXIT 257 SB N I H 3 5 F W Y HEWLETT LOOP EXIT 259 NB S I H 3 5 F W Y N B K E L L E Y D R S I H 3 5 N B S I H 35 FW Y S B 0 500 1,000Feet Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJSUP-2014-001Zoning Information Exhibit #3 W e s ti n g h o u s e R d §¨¦35³ City Limits Street Site Site SUP-2014-001 S I H 35 FW Y S B K E L L E Y D R S I H 3 5 N B S I H 3 5 S B N I H 3 5 F R S I H 3 5 F W Y N B S IH 35 FR W E S T I N G H O U S E R D N I H 3 5 F W Y EXIT 257 SB HEWLETT LOOP EXIT 259 NB LegendSiteParcelsCity LimitsGeorgetown ETJ Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ 0 500 1,000Feet Exhibit #4 SUP-2014-001 W e s ti n g h o u s e R d §¨¦35 §¨¦35 Site City Limits Street Site ³ 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 CITY OF GEORGETOWN C I T Y O F G E O R G E T O W N CITY OFGEORGETOWN CITY OF GEORGETOWN G e o r g e t o w n E T J Georgetown ETJ G e o r g e t o w n E T J P R A I R I E D U N E S D R LOGAN R A N C H R D C H A M P I O N S D R K I M R A C V L I S C I O C V N S A R A Z E N L O O P L U N A T R L S HINNECOCKHILLSDR W O O D A L L D R D E E R T R L CASTLE P I N E S C V SEREN A D A D R S E G U N D O D R S S A R A Z E N L O O P L I S C I O L O O P B R A NGUS RD B R A N G U S R D FP-2014-006 FP-2014-006 Exhibit #1 Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only 0 500 1,000Feet ¯ LegendSiteParcelsCity LimitsGeorgetown ETJ S hellRd AirportRd ¬«195 Site City Limits Street Site ³ CITYOF GEORGETOWN C I T Y O F G E O R G E T O W N CITY OF GEORGETOWN GeorgetownETJ Georgetown ETJ S E G U N D ODR K I M R A C V P R A I R I E D U N ES DR SHINNECOCKHILLSDR L I S C I O L O O P CASTLE P I N E S C V B R A N G U S R D FP-2014-006 0 250 500Feet Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJ Future Land Use / Overall Transportation Plan Exhibit #2FP-2014-006 Legend Thoroughfare Future Land Use Institutional Regional Commercial Community Commercial Employment Center HIgh Density Residential Low Density Residential Mining Mixed Use Community Mixed Use Neighborhood Center Moderate Density Residential Open Space Specialty Mixed Use Area Ag / Rural Residential ¬«195 Site ³ City Limits Street Site Existing Collector Existing Freeway Existing Major Arterial Existing Minor Arterial Existing Ramp Proposed Collector Proposed Freeway Propsed Frontage Road Proposed Major Arterial Proposed Minor Arterial Proposed Railroad ShellRd AirportRd CITY OFGEORGETOWN CITY OF GEORGETOWN C I T Y O F G E O R G E T O W N CITY OF GEORGETOWN S E R E N A D A D R K I M R A C V L I S C I O C V L U N A T R L D E E R T R L TIG E R V A LL E Y L N LOGAN RANCH RD CASTLE PINES CV MEADOWS END N SARAZEN LOOP PRAIRIEDUNES DR L A N C A S T E R D R S E G U N D O D R LISCIO LOOP W O O D A L L D R C H A M P I O N S D R B R A N G U S R D SHINNECOCK HILLS DR S S A R A Z E N L O O P 0 470 940Feet Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJFP-2014-006Zoning Information Exhibit #3 Shell Rd ¬«195³ City Limits Street Site Site FP-2014-006 AirportRd FP-2014-006 L A N C A S T E R D R N SARAZEN LOOP K I M R A C V L I S C I O C V B R A N G U S R D L U N A T R L LOGAN RANCH RD P R A I R I E D U N E S D R SERENADA DR SHINNECOCK HILLS DR M E A D O W S E N D ALHMBRA DR A L H A M B R A D R W CORDOBA CIR CASTLE PINES CV S I E R R A D R D E E R T R L L I S C I O L O O P W O O D A L L D R C H A M P I O N S D R S E G U N D O D R S S A R A Z E N L O O P LegendSiteParcelsCity LimitsGeorgetown ETJ Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ 0 500 1,000Feet Exhibit #4FP-2014-006 Shell Rd ¬«195 SiteCity Limits Street Site ³ AirportRd 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 C I T Y O F G E O R G E T O W N CITYOF GEORGETOWN Georgetown ETJ Georgetown ETJ G e o r g e t o w n E T J S E R E N A D A D R L U N A T R L B E L L O C I R E S E Q U O I A T R L E E S P A R A D A D R R O B L E G R A N D E C I R G R A N A D A D R N O R T H W E S T B LV D REZ-2014-001 REZ-2014-001 Exhibit #1 Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only 0 500 1,000Feet ¯ LegendSiteParcelsCity LimitsGeorgetown ETJ Willia m s Dr §¨¦35 L a k e w a y A ir p o rt R d Site City Limits Street Site ³ SerenadaDr N o r t h w e s t B l v d C I T Y O F G E O R G E T O W N Georgetown ETJ G e o r g e t o w n E T J Georgetown ETJ G R A N A D A D R S E R E N A D A D R E E S P A R A D A D R R O B L E G R A N D E C I R NORTHWEST BLVD E S E Q U O I A T R L REZ-2014-001 0 500 1,000Feet Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJ Future Land Use / Overall Transportation Plan Exhibit #2REZ-2014-001 Legend Thoroughfare Future Land Use Institutional Regional Commercial Community Commercial Employment Center HIgh Density Residential Low Density Residential Mining Mixed Use Community Mixed Use Neighborhood Center Moderate Density Residential Open Space Specialty Mixed Use Area Ag / Rural Residential Williams Dr Lake way Dr W illia ms Dr N o r t h w e s t B l v d Booty's CrossingRd Se r e nad a Dr Site³ City Limits Street Site Existing Collector Existing Freeway Existing Major Arterial Existing Minor Arterial Existing Ramp Proposed Collector Proposed Freeway Propsed Frontage Road Proposed Major Arterial Proposed Minor Arterial Proposed Railroad CITY OF GEO RGETO W N REZ-2014-001 S I N U S O D R SERENADA DR L U N A T R L B E L L O C I R R O B L E G R A N D E C I R E E S P A R A D A D R E S E Q U O I A T R L G R A N A D A D R NO RT H W E ST B LV D 0 500 1,000Feet Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJREZ-2014-001Zoning Information Exhibit #3 N o r t h w e s t B l v d B o oty'sCrossingRd WilliamsDr Lake w ay Dr ³ City Limits Street Site Site Se r enad a Dr REZ-2014-001SERE N A D A D R SINUSO DR E S E Q U O I A T R L BELLO CIR L U N A T R L ROBLE GRA N D E C I R E ESPARADA DR G R A N A D A D R NO R T H W E S T B L V D LegendSiteParcelsCity LimitsGeorgetown ETJ Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ 0 500 1,000Feet Exhibit #4REZ-2014-001 B o o t y 's C r o s sing Rd W illia m s Dr Lakew ay Dr S ere n ad a Dr Nort h w e s t B l v d Site City Limits Street Site ³ 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. Georgetown, Texas 13-19 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. 13-20 Georgetown, Texas 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. Georgetown, Texas 13-21 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. Georgetown, Texas 13-25 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. 13-26 Georgetown, Texas Unified Development Code 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