HomeMy WebLinkAboutAgenda CC 10.28.1986VW
THE CITY OF GEORGETOWN
REGULAR COUNCIL MEETING AGENDA
OCTOBER 28, 1986
6:00 PM
1. Executive Session Under Art. 6252-17 Sec. 2 (e) Litigation -
Jobe Carter
2. Jobe Carter Action
3. Workshop - Water/Sewer Plant Contract Operations OMI/Allyn Moore
Consent Agenda
4. Minutes
5. Bills over $5,000.
6. Resolution - Designation Of Deputy City Secretary
7. City Audit Proposal - Bob Gaylor/Virgil Carlson
8. Mickler Park Final Plat Extension - Randall Gaither
Regular Agenda
9. Certificates of Appreciation - Mayor Colbert
10. Nominate Member to Appraisal District - Mayor Colbert
11. Use of State Contract for Vehicle Purchases — Terry Jones
12. Ordinance - Lone Star Gas Rate Increase, 1st Reading - Bob Gaylor
13. San Jose Neighborhood Improvement Project - Allyn Moore
14. Karsten Addition Final Plat Extension - Randall Gaither
15. Dennis P. McCoy Final Plat Extension - Randall Gaither
16. Legend Oaks Section 2 Final Plat- Randall Gaither
17. Variance - 703 Parkway - Randall Gaither
18. Adoption of Official zoning Map - Randall Gaither
19. Billing Work Authorization for LCRA - Allyn Moore
misc.
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October 28, 1986
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The City Council of the City of Georgetown met
in Regular Session on the above date at 6:00 PM
with Mayor Jim Colbert presiding. The following
council members and officials were present:
Council Member Eb C. Girvin, Council Member Joan
King, Council Member Marvin E. Lackey, Council
Member Bill Connor, Council Member William C.
Shell, City Secretary Pat Caballero, City
Manager R. Bob Gaylor, Director of Public Works
Allyn Moore, Development and Planning Director
Ed Barry, and Police Chief Hugh Anderson III.
1. EXECUTIVE SESSION UNDER ART. 6252-17 SEC. 2 (E) LITIGATION
Mayor Colbert announced that the council would
meet in executive session under Art. 6252-17
Section 2 (e) Litigation to discuss Job Carter.
After the executive session the meeting was
again open to the public.
2. JOBE CARTER ACTION
Motion by Connor and second by Lackey to
authorize the city manager to make final
settlement in all matters in the Job Carter
Case. Motion carried by unanimous vote.
3. WORKSHOP - WATER/SEWER PLANT CONTRACT OPERATIONS
The City Council held a workshop with the firm
of OMI on the advantages of privatizition of the
operations of the city's Water and Waste Water
Plants.
CONSENT AGENDA Motion by Lackey and second by King to approve
consent items 4, 5, 6 & 7, and to consider item
number 8 separately. Motion carried by
unanimous vote.
4. MINUTES To approve the October 14, 1986 Council Meeting
Minutes with the following correction to item
number 10: The motion was seconded by Connor.
5. BILLS OVER $5,000.
To approve the following bills over $5,000.
Freese and Nichols Inc. $ 19973.22
Hidell Architects 10/2/86 statement 10029.61
10/28/86 regular council meeting page 1 of 6
6. RESOLUTION - DESIGNATION OF DEPUTY CITY SECRETARY
To adopt the following resolution.
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS to authorize the
designation of Denise Lebowitz as Deputy City
Secretary of the City of Georgetown and in the
absence of the City Secretary the Deputy City
Secretary shall perform all the acts and duties
performed the the City Secretary including, but
not limited to, keeping the minutes of the
meetings of the City Council, attesting
documents of every character involving the City
of Georgetown and such other duties performed by
the City Secretary.
7. CITY AUDIT PROPOSAL - BOB GAYLOR/VIRGIL CARLSON
To accept the proposal of Virgil F. Carlson,
P.C. for performing the fiscal year 1985/86 city
audit (as outlined in a letter dated August 4,
1986) for a cost of $13,000.
8. MICKLER PARK FINAL PLAT EXTENSION - RANDALL GAITHER
Motion by Lackey and second by Shell to table
this matter until it has been determined whether
or not fees have been paid. Motion carried by
unanimous vote.
REGULAR AGENDA
9. CERTIFICATES OF APPRECIATION - MAYOR COLBERT
Mayor Colbert presented Tommy Foust and Wayne
Lawhon certificates of appreciation for their
work on the Board of Electrical Examiners, Gary
Clark, Neil Boydston and Kenneth Olsen for their
work on the Parking, Traffic and Safety
Committee, and Jack Gregoire for his work on the
downtown sidewalk project.
10. NOMINATE MEMBER TO APPRAISAL DISTRICT - MAYOR COLBERT
Motion by Connor and second by Shell to table
this item. Motion carried by unanimous vote.
11. USE OF STATE CONTRACT FOR VEHICLE PURCHASES - TERRY JONES
Motion by King and second by Girvin to adopt the
following resolution. Voting went as follows:
Yes: Girvin, King, Lackey and Connor; no: Shell.
Motion carried.
10/28/86 regular council meeting page 2 of 6
RESOLUTION
WHEREAS, the City of Council of the City of
Georgetown, Texas pursuant to the authority
granted by Article, 664-7, V.T.C.S., as amended,
desires to participate in described purchasing
programs of the State Purchasing and General
Services Commission, and
WHEREAS, the City Council is of the opinion that
participation in these programs will be highly
beneficial to the taxpayers of this City,
through the anticipated savings to be realized;
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS THAT the City Council of
the City of Georgetown does request the State
Purchasing and General Services Commission to
include its stated need for 070 - Vehicles on
the commission's annual contracts for those
items, whereby the City may be allowed to
purchase those items from the annual contract;
and that Robert Gaylor, City Manager, is
authorized and directed to sign and deliver all
necessary requests and other documents in
connection therewith for and on behalf of the
City of Georgetown.
12. ORDINANCE - LONE STAR GAS RATE INCREASE, 1ST READING
Motion by Lackey and second by Connor to affirm
the first reading of the following captioned
ordinance. Motion carried by unanimous vote.
ORDINANCE NO
AN ORDINANCE FIXING AND DETERMINING THE GENERAL
SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL
GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS IN
THE CITY OF GEORGETOWN, WILLIAMSON COUNTY,
TEXAS; PROVIDING FOR THE MANNER IN WHICH SUCH
RATE MAY BE CHARGED, ADJUSTED, AND AMENDED; AND
PROVIDING FOR THE RECOVERY OF ANY CURRENT AND
UNRECOVERED PRIOR RATE CASE EXPENSE, PROVIDING
FOR A SCHEDULE OF SERVICE CHARGES, AND PROVIDING
FOR A MAIN LINE EXTENSION RATE.
13. SAN JOSE NEIGHBORHOOD IMPROVEMENT PROJECT - ALLYN MOORE
Motion by Connor and second by Shell to accept
the Final San Jose Neighborhood Improvement
Project Report, authorize final project payment,
10/28/86 regular council meeting page 3 of 6
and direct the public works staff to report on
the drainage structure that runs along the San
Jose Park. Motion carried by unanimous vote.
14. KARSTEN ADDITION FINAL PLAT EXTENSION - RANDALL GAITHER
Motion by King and second by Shell to approve
granting the reinstatement of the Karsten
Addition Final Plat and extending approval until
January 13, 1987 with the understanding that
should the plat not be recorded by this date
then all City Approvals shall be void and the
subdivision ordinance in effect on that date
shall be applied to the property. All previous
conditions of final plat approval shall be met.
The following condition shall be added. "Fire
protection improvements shall comply with city
standards prior to the issuance of building
permits, utility connection permits, or on-site
wastewater disposal system permits. Motion
carried by unanimous vote.
15. DENNIS P. MCCOY FINAL PLAT EXTENSION - RANDALL GAITHER
Motion by Connor and second by King to table
pending staff resolution of fire protection
issue to include future provision of fire
service in conformance with City standards and
specific language for required interim
improvements. Motion carried by unanimous
vote.
16. LEGEND OAKS SECTION 2 FINAL PLAT - RANDALL GAITHER
Motion by Lackey and second by Connor to approve
the Legend Oaks Preliminary and Final Plat
subject to the following: 1) All ordinance
requirements shall be met. 2) Utilities being
adequate: a. Utility Concept Plan shall
indicate all utilities required for the site and
be revised to conform to City construction
standards. b. Fire protection improvements
shall be approved by City Fire Marshall. 3) A
Detailed Development Plan shall be submitted for
each site in conformance with Section 6 of the
Subdivision Ordinance. Specifically, these plans
shall: a. Maximize the preservation of existing
trees. b. Provide for stormwater filtration
and erosion controls. C. Control the use of
signage to minimize visual clutter and intrusion
upon the landscape. 4) An acceptable detention
plan shall be provided for. all lots in the
subdivision. A total maximum impervious cover
of 708 per lot shall be indicated on the plat.
10/28/86 regular council meeting page 4 of 6
5) A Stormwater Facility Maintenance Covenant
shall be filed with the plat. 6) The requested
variance regarding building lines and utility
easements is hereby granted, conditional upon
the addition of a 20 -foot P.U.E. along the
perimeter of the site if needed to provide
service and any additional easements required to
accommodate specific utilities identified by the
above item 2.a. Motion carried by unanimous
vote.
17. VARIANCE - 703 PARKWAY - RANDALL GAITHER
Motion by Connor and second by King to grant a
variance from Section 2.0203 Part 1 a & b of the
Zoning Ordinance to allow the existing home to
encroach into the front yard setback, an
existing concrete slab and storage building to
encroach into the .side yard setback; and a
portable building and aforementioned storage
building to encroach upon rear yard setbacks and
from applicable dedication provisions of the
subdivision plat of Lot 4, Block 5 Country Club
Acres, Unit 2, as recorded in Cabinet B, Slides
26-27 of the Plat REcords of Williamson County,
Texas to allow an existing portable building and
storage building to remain encroached within a
15 foot Public Utility Easement subject to the
following: 1) If any of the encroaching
structures are destroyed or damaged in excess of
50% of Fair Market Value, they shall not be
replaced, except in conformance with all
requirements. 2) The encroaching structures
shall not be extended or enlarged into the yard
PUE. 3) If at any time in the future the City
needs to utilize said easement for the repair,
extension, replacement, etc. of utility lines
and appurtenances, then all encroachments shall
be removed at the expense of owner. 4)
Applicant shall file an Indemnity Agreement
containing the above provisions, to be approved
by the City Attorney. Motion carried by
unanimous vote.
18. ADOPTION OF OFFICIAL ZONING MAP - RANDALL GAITHER
Motion by Connor and second by Girvin to resolve
the adoption of a "Official Zoning Map of
Georgetown" with the understanding that this map
represents current city zoning status to the
best of the city staff's knowledge and the
conflicts which may arise due to additional
information may be resolved by amending the map
10/28/86 regular council meeting page 5 of 6
by a resolution of the City Council. Motion
carried by unanimous vote.
19. BILLING WORK AUTHORIZATION FOR LCRA - ALLYN MOORE
Motion by Connor and second by Shell to
authorize the LCRA to perform the design
services on the major electrical feeder to run
from the City Substation located near Georgetown
High School to Serenada Subdivision. The design
services will encompass approximately 2.7 miles
of large size 3 phase electrical feeder and the
proposed fee is $23,736. Such work shall be
performed in accordance with Technical Services
Agreement dated November 2, 1979. Motion carried
by unanimous vote.
ADJOURN Motion by Shell and second by Connor to
adjourn. Motion carried by unanimous vote.
TIME 8:35 PM
Mayor Jim Colbert
Pat Caballero, City Secretary
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF GEORGETOWN
I , being the current City Secretary of the
City of Georgetown do hereby certify that the above meeting of
the City Council of the City of Georgetown convened in a meeting
open to the public and notice of said meeting, giving the date,
place, and subject thereof, having been posted as prescribed by
Article 6252-17, Section 3A, VATCS, and that the above minutes
are the true and correct minutes of said meeting.
Dated this day of 19
City Seal)
City Secretary
10/28/86 regular council meeting page 6 of 6
PRELIMINARY AGENDA
City of Georgetown
City Council Meeting
October 28, 1986 7:00 pm
Planning Items:
1. Legend Oaks Section 2 - Preliminary / Final Plat
2. Variance - 703 Parkway - Building Line and P.U.E.
encroachments
3. Variance - Karsten Addition - Reinstatement of Final Plat
approval
4. Variance - Mickler Park - Reinstatement of Final Plat
approval
5. Variance - Dennis P. McCoy Subdivision - Reinstatement of
Final Plat approval
6. Zoning Map
MICRLER PARR - VARIANCE - REINSTATEMENT OF FINAL PLAT.
Project #00093
Location Map 1"=1000'
Applicant: Gilbreath, McDill, and Associates, Inc.
PO Box 1245
Georgetown, Tx 78627
863-9862
Owner: Gretchen Mickler
Route 6
Box 872-S
Leander, Tx 78759
Request: A variance, as required by Section 4.04 Part
15 of the Subdivision Ordinance, to allow a
reinstatement and six month extension of
Final Plat approval for Mickler Park.
Facts:
History: The City Council, on March 11, 1986, approved
a Final Plat request for Mickler Park. The
six month plat recordation time period
specified by Section 4.04 Part 15 of the
Subdivision Ordinance expired on September
11, 1986.
Mickler Park - Reinstatement 2
Note: The owner owes $584.27 in development review
fees, as of October 28, 1986.
Analysis: The applicant has requested a Final Plat
approval reinstatement in order to allow for
the completion of construction plans and
approval of the required Water Pollution
Abatement Plan.
Staff Recommendation_ (October 14, 1986)
Granting of request and reinstatement of Final Plat approval
until April 28, 1987 subject to all original conditions of
approval.
City Council Action: (October 28, 1986) (5-0)
Tabled until it has been determined whether or not fees have been
paid.
0
KARSTEN ADDITION - VARIANCE - REINSTATEMENT OF FINAL PLAT.
Project #00139
Location Map 1"=1000'
Owner/Applicant: Creditbanc Savings Association
9442 Capital of Texas Highway North
Arboretum Plaza One
Building A
Austin, Tx 78759
343-1651 (ext 5301)
Agent: Gilbreath, McDill, and Associates
PO Box 1245
Georgetown, Tx 78627
863-9862
Request: A variance, as required by Section 4.04 Part
15 of the Subdivision Ordinance, to allow an
extension of Final Plat approval for Karsten
Addition. A previous three month extension
of Final Plat approval expired June 11, 1986.
Analysis: On August 13, 1985, council approved a Final
Plat for the Karsten Addition. Due to the
extended amount of time required to receive
approval of the Water Pollution Abatement
Plan from the Texas Water Commission, the
applicant requested a three month extension
Karsten - Reinstatement 2
for plat approval. Council approved this
request on March 11, 1986 for a three month
extension, until June 11, 1986.
The subject property was recently
foreclosed. The new owner, Creditbanc of
Austin would like to continue the subdivision
process; and as a result, requests a three
month reinstatement for approval of the
Karsten Addition.
The Subdivision Ordinance, Section 4.04 Part
15, states that Council may grant a Plat
reinstatement and extension of up to one year
if the final plat is not recorded with the
County Clerks office within six months after
approval by the Planning and Zoning
Commission and City Council, if just cause
for reinstatement and extension is
demonstrated. Reinstatement of approval of
the Karsten Addition until February 13, 1987,
should give the applicant sufficient time to
record this plat, while corresponding to the
one year maximum allowable extension under
Section 4.04 Part 15 of the Subdivision
Ordinance, had the reinstatement and
extension request been promptly submitted as
soon as the previous extension request
expired.
This plat is in an area of substandard fire
protection. Therefore, staff recommends
using the expiration of this plat as an
opportunity to improve this situation by
requiring that fire protection improvements
be required.
Staff Recommendation: (October 13, 1986)
Granting of request to reinstate the Final Plat and extending
approval until January 13, 1987 with the understanding that
should the plat not be recorded by this date then all City
approvals shall be void and the subdivision ordinance in effect
on that date shall be applied to the property. All previous
conditions of final plat approval shall be met. The following
condition shall be added. "Fire protection improvements shall be
approved by the City Fire Marshall".
City Council Action: (October 28, 1986) (5-0)
Approved the reinstatement of final plat subject to the
conditions stated in the staff recommendation and the additional
condition that "Fire protection improvments shall conform to City
Karsten — Reinstatement 3
standards prior to issuance of building permits, utility
connection permits, or on—site wastewater disposal system
permits.
DENNIS P MCCOY SUBDIVISION - VARIANCE - REINSTATEMENT OF FINAL
PLAT. Project #00094
Location Map
Owner/Applicant:
Agent:
McCoy Realty Corporation
PO Box 1028
San Marcos, Tx 78667
Steger and
PO Box 858
Georgetown,
863-4521
Bizzell, Inc.
Tx 78627
1"=1000'
Request: A variance, as required by Section 4.04 Part
15 of the Subdivision Ordinance, to allow a
reinstatement of Final Plat approval for the
Dennis P. McCoy Subdivision which has
expired.
Analysis: On March 11, 1986, the City Council approved
the Final Plat for the Dennis P. McCoy
Subdivision. The six month plat recordation
time period specified by Section 4.04 Part 15
of the Subdivision Ordinance expired on
September 11, 1986. As a result, the
applicant requests a reinstatement of plat
approval. The illness of one of the owners
Dennis P McCoy - Reinstatement 2
was attributed for the delay in completing
the subdivision process in the normally
allotted time.
The applicant did not request a specific
reinstatement limit. Three months, however,
should be sufficient to complete the
subdivision process as the Construction plans
have been approved. City Council may extend
Final Plat approval for a time limit not to
exceed one year.
The original planning report discussed the
desireability of using common access
easements to reduce the number of driveway
cuts and assure that they tend to line up
with similar approaches across the street.
Also the need for adequate fire protection to
be provided. However, no condition of
approval was established for these issues.
Therefore, staff recommends using the
expiration of this plat as an opportunity to
improve this situation.
Planning Staff Recommendation: (October 15, 1986)
Granting of request to reinstate approval of the Final Plat with
the following conditions:
1. All ordinance requirements shall be met
2. All drainage requirements shall be met; A drainage facilities
maintenance covenant shall be required prior to recordation
3. Utilities being adequate - Water availability note shall
apply and fire protection improvements shall be approved by
City Fire Marshall
4. A landscape plan shall be submitted in conjunction with
subdivision construction plans for designated drainage and
landscape easements
5. Driveway access to Fox Drive shall be restricted to one 30
foot approach per lot and opposing approaches shall align
with each other
City Council Action: (October 28, 1986) (5-0)
Tabled pending staff resolution of fire protection issue to
include future provision of fire service in conformance with City
standards and specific language for required interim
improvements.
703 PARKWAY - VARIANCE - FRONT, SIDE AND REAR YARD SETBACK
ENCROACHMENT AND P.U.E. ENCROACHMENT. Project #00547.
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COUNTRY LU TS\
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Location Map 1"= 1000'
Owner/Applicant: Elvin and Donna Hall
703 Parkway Street
Georgetown, Tx 78626
863-5225
Request: Approval for a variance from Section 2,0203
Part 1 a & b of the Zoning Ordinance to allow
the existing home to encroach into the front
yard setback; an existing concrete slab and
storage building to encroach into the side
yard setback; and a portable building and
aforementioned storage building to encroach
upon rear yard setbacks; and from applicable
dedication provisions of the subdivision plat
of Lot 4, Block 5 Country Club Acres, Unit 2,
as recorded in Cabinet B, Slides 26-27 of the
Plat Records of Williamson County, Texas to
allow an existing portable building and
storage building to remain encroached within
a 15 foot Public Utility Easement. (see copy
of survey plat attached.)
703 Parkway 2
Facts•
Location: Is within the corporate City Limits of
Georgetown, at 703 Parkway Street, near the
intersection with Mesquite Lane.
Surrounding Area: Single family residential, within the R -S
zoning district classification.
Existing Site: Single family residential, zoned R -S.
History: Country Club Acres, Unit 2 was filed for
record on August 23, 1966. A home was
constructed upon Lot 4, Block 5 in 1972
before the City Building and Inspection
Division was created. Storage buildings were
built near the rear of the property around
1977, without required building permits.
Notification: One response form has been returned in favor
of this request. None have been returned in
opposition.
Analysis: Conflicting front yard building line
restrictions were created when the subject
property was platted. The plat graphically
shows a 25 foot building line while the deed
restrictions that accompany the plat
specifically state that no building or any
part thereof shall be erected nearer than 30
feet to the front property line.
The City zoning and Subdivision Ordinances
require that front setbacks be a minimum of
25 feet, but does not prohibit more
restrictive setbacks. Generally, 25 foot
front yard setbacks are employed for
residential development in the City.
The rear and side yard building line
encroachments have been surveyed by the
Public Works Division and determined to
appear to pose no significant sight distance
hazard or current interference with the
existing 15 foot P.U.E. along the rear
property line. However, the City may
eventually choose to locate utilities within
this P.U.E. that runs along the north side of
Block 5 Lots 1-13 and Block 6 Lots 1-12.
Buildings exist up to 10 feet within the 15
foot P.U.E. and thus would conflict with
utility placement within the P.U.E. An
indemnity agreement may be necessary to
703 Parkway 3
protect the City against damages that may
occur to the encroaching structures if and
when the P.U.E. is utilized.
Staff Recommendation: (October 13, 1986)
Staff Recommends approval of requested variances subject to the
following conditions:
1. If any of the encroaching structures are destroyed or damaged
in excess of 507 of Fair Market Value, they shall not be
replaced, except in conformance with all requirements,
2. The encroaching structures shall not be extended or enlarged,
into the yard & PUE
3. If at any time in the future the City needs to utilize said
easement for the repair, extension, replacement, etc. of
utility lines and appurtenances, then all encroachments shall
be removed at the expense of owner,
4. Applicant shall file an Indemnity Agreement containing the
above provisions, to be approved by the City Attorney.
City Council Action: (October 28, 1986) (5-0)
Approval with conditions as recommended by staff above being met.
October 15, 1986
City Council
Georgetown, TX
Attn: Mr. Barry
Department of Planning
Georgetown, TX
Dear Sirs:
We, the homeowners at 703 Parkway, Georgetown, TX are scheduled to
appear before the City Council at 7 p.m., October 28, 1986.
This is regarding 4 variances on our property in Country Club Acres II.
The 4 variances are:
1) The front building line easement
2) The side building line on rear of property
3) The back building line on rear of property
4) The PUE in rear of property
In the past 2 years we have built on to our home and have recently
acquired a home improvement loan and completed the remodeling. By
refinancing we are able to combine our 2 loans for a consolidated
monthly payment. We have run into problems though after having a survey
completed.
We purchased this home in 1974, it then being 2 years old. We had nothing
to do with the building and had no problems at the time of buying. Now we
are told our home is at least 5 ft over the building line. We ask for
your sincere consideration in granting the variance for the front easement.
Regarding the rear easements and the PUE that our outdoor storage buildingisviolating.. .We ask for your cooperation in allowing the building to
stay with the understanding that if ever a problem arises that we
understand this building will be removed. We know that for a fact there
are no utilities under our building. This could be confirmed by asking
either John or Raymond Frias who work in the Public Works Department.
This building was built about 7 years ago and has not presented any
problems to anyone.
We ask for your sincere consideration and approval.
Thank you,
Elvin and Donna Hall
703 Parkway
Georgetown, TX 78628
Job No. 2==0PXo
SURVEY PERFORMED FOR ELVIIJ ,4,15D M5)_I"A "L -L -
IMPROVEMENT SURVEY OF LCr-4 eULGfl< FIVE Cz:,UWTTRtY GLCI-C-
bF RECORD IN CABINET J7 SLIDES rllo 27 OF THE PEAT RECORDS OF
1/1(ILL141-d5ot_1 COUNTY, TEXAS.
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Registered Public Surveyor, do hereby certify that the above
plat correctly represents the property as determined by an on -the -ground survey
performed under my supervision and direction on the 1 1 day of Atm us -r, 1433&;
Pe property platted hereon is correct and there are no apparent discrepancies,
conflicts, shortages in area, boundary line conflicts, encroachments. overl?nninn
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INDEMNITY AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That, WHEREAS, ELVIN AND DONNA HALL
hereinafter referred to as "Owners") on the following described'
property in Williamson County, Texas to -wit:
L•ot 4 Block Five COUNTRY CLUB ACRES UNIT TWO
Subdivision, City of Georgetown, Williamson County,
Texas, according to the map or plat thereof, recorded
in Cabinet B , Slide 26-27 , Plat Records
of Williamson County, Texas, as shown on the attached
Exhibit "A", which is incorporated by reference herein;
hereinafter referred to as the "Property"); and
WHEREAS, the
Zoning Ordinances
referred to as "C
remain encroached
the rear yard of
Easement; and
Owners have requested a variance from the
of the City of Georgetown, Texas (hereinafter
ity") for a detached accessory building(s) to
into both the rear and side yard -setback areas,
which is also a dedicated 15' Public Utility
WHEREAS, for and in consideration of the City granting the
variance to Owners, Owners have agreed to indemnify the City for
any damages to these structures resulting from the encroachment,
including, but not limited to, the use,placement, repair or
extension of any of the utility lines within said easement;
NOW, THEREFORE, we, Owners, do hereby agree and covenant to
indemnify the City of Georgetown against any damages to said
structure which may occur as a result of the use, repair,
replacement, or extension of the utility easements over which the
structure is encroaching, as shown on Exhibit "A", attached
hereto;
AND ALSO, we, Owners, Bio hereby agree not to extend or
enlarge, or improve any encroaching structure in such a manner as
to further violate City Ordinances or further encumber the Public
Utility Easement shown on Exhibit "A";.
AND FURTHERMORE, we, the Owners of said Property, as shown
on Exhibit "A", our successors and assigns, do hereby
additionally agree and covenant that if said structures:which
encroach on said Public Utility Easements are demolished or
destroyed or damaged in excess of fifty (50) percent of fair
market value in the future, that if reconstructed, it will be
constructed only in conformance with the established setback
lines and Public Utility Easements on said property, and shall
not encroach upon the same. This paragraph, and covenant shall
run with the land and be binding upon and inure to our successors
and assigns.
EXECUTED this a! day of OCeiz ee 19&.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the day
of 6CZ/Q&.e , 19&,, by
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DALE A.EMEPMERO
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APPROVED:
CITY OF GEORGETOWN
DEPARTMENT OF DEVELOPMENT
BY: I
STUMP & STUMP
CITY ATTORNEY
BY:
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Notary Public, St//a "e //of Texas
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PLANNING
Job No.
SURVEY PERFORMED FOR I=LYIIJ A.Ib Cbi-li-IA H4L-L
IMPROVEMENT SURVEY OF Lar4 6LG2:3< i9yf1 Cbi.IflmkY CLU13 AC7;r
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F RECORD IN CABINET 17 SLIDES -.Z,/07 OF THE PLAT RECORDS OF
WILL-)A.d OLI COUNTY, TEXAS.
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RegisteredRegistered Public Surveyor, do hereby certify that the above
plat correctly represents the property as determined by an on -the -ground survey
performed under my supervision and direction on the day of ALLeALtsT , 19e4,;
The property platted hereon is correct and there are no apparent Iscrepancies,
conflicts, shortages in area, boundary line conflicts, encroachments, overlapping
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LEGEND OARS SECTION 2 — PRELIMINARY/FINAL PLAT PROJECT #00542
Location Map 1"=2000'
Applicant: Thomas G. Foust, Jr.
3609 Williams Dr.
Georgetown, Texas 78626
869-4145
Agent: G.W. Schmidt and Co.
600 Forest Street
Georgetown, Texas 78626
863-4594
Request: Approval for Preliminary/Final Plat for
Legend Oaks Section 2, a 10.09 acre
subdivision out of the J. Pulsifer Survey No.
498 in Williamson County, Texas and a portion
of the 22.64 acres described in Volume 1182
page 537 of the Official Records of
Williamson County, Texas. Granting of
variances deleting the building setback lines
and Public Utility Easements adjacent to
interior side lot lines as required by
Sections 5.04 and 5.06, respectively, of the
Subdivision Ordinance.
Legend Oaks 2
Facts•
Location: Along the southside of Hwy 29 west of IH -35.
Is within the City's ETJ and is located
within Edwards Aquifer Recharge Zone.
Surrounding Area: A single large lot residence, the Legend Oaks
residential subdivision, and a church
currently under construction to the west. To
the north of the subject property is unzoned
rural residential property, with undeveloped
and unzoned properties to the east and south.
Existing Site: Undeveloped vacant property that is unzoned.
A tributary of the South Fork San Gabriel
River drainage basin is included within this
property.
Proposed Use: Six lots, one to two acres in size for
unspecified commercial development.
Development Plan: Development Plan district 9b. The plan
recommends large lot residential use for the
subject property. The proposed use does not
conform to the plan.
Utilities: The applicant is requesting water service
from the Chisholm Trail Water Supply
Corporation and electrical service from the
Pedernales Electrical Coop. Sewage disposal
will be provided by private on—site disposal
systems.
Annexation: The City has scheduled the annexation of a
250 foot strip of property on each side of
the centerline of Hwy 29 for December 1986.
The majority of the subject property would be
included.
Analysis
Overview: The proposed Legend Oaks Section 2
development is the subdivision plat west of
IH -35 along Hwy 29 and between the South Fork
San Gabriel River and the Middle Fork San
Gabriel River to be reviewed by the City. As
a result, this development poses the
following issues for the City:
1. The Hwy 29 corridor between IH -35 and the
limits of the ETJ is predominantly
undeveloped, with only small scale
commercial operations near the IH -35
Legend Oaks 3
intersection and the Legend Oaks
residential subdivision. The First
Baptist Church under construction and the
proposed 1500 acre Wood Ranch development
just west and north of the subject
property are the beginnings of a dramatic
change to this corridor. The City must
decide if the Development Plan recommen—
dation for large—lot residential for all
of this corridor is to remain as the
pattern for future development or if a
new development precedent is to be
established, or to what degree commercial
and large—lot residential land uses can
co—exist in a compatible manner.
2. Currently, due to the terrain, heavy tree
cover, and the absence of significant
urban type development, Hwy 29 is perhaps
the most dramatic entry to the City; and
thus offers the opportunity for an
aesthetically attractive visual entrance
to the City. The City should attempt to
conserve most of the significant trees in
this area and encourage high quality
development.
3. The subject property is located within
the drainage basin of the South Fork San
Gabriel River north of the river and west
of IH -35. The City should attempt to
regulate development to prevent adverse
impacts on the South Fork San Gabriel
River, namely sedimentation and
pollution.
4. Utility service to this site is a major
question. The applicant has proposed to
receive water service from the Chisholm
Trail Water Supply Corp. and sewage
disposal by private individual septic
systems. Existing City water and sewer
lines are approximately 4,000 feet from
the site. However, a major portion of
Legend Oaks Section 2 is proposed for
annexation by the City in December,
1986. Thus, it may be in the best
interest of the City to serve this
subdivision with City water and sewer,
either now, or at some future date. The
applicant has proposed to receive
electrical service from P.E.C. The site,
however, lies within the City's joint
Legend Oaks 4
service area. The City should consider
negotiation of a service agreement with
the developer.
Land Use: The proposed use of this property does not
conform to the Development Plan, which
recommends large—lot residential land use for
the general area. Approval of this project
would constitute an amendment of the Plan and
could establish a precedent for strip
commercial development similar to that
currently found along other thoroughfares.
The applicant has not specified what type of
commercial activities are anticipated for
this site. The range of commercial land uses
is very broad, containing very land intensive
activities and low land intensive
activities. Until more specific commercial
activities can be identified, with proposed
site plans, the impact of the broad
commercial classification for land use cannot
be fully evaluated. The selection of a
specific category of commercial activities
will dictate landscaping requirements, the
need for aesthetic considerations along Hwy
29, parking requirements and impervious
cover, and the degree of impact on the South
San Gabriel River drainage basin.
Drainage: The applicant has proposed that individual
storm—water detention systems be developed
for each lot and that these systems be
approved with the site plan for each lot
prior to its individual development. In
developments such as this, the City
consulting engineer and the Texas Water
Commission generally recommend the use of a
single regional detention facility. A single
regional facility may be more cost effective
than six individual systems, provide a single
unified concept for detention, and perhaps
require less total land be dedicated for
detention facilities. Since it is likely that
building permits may not be required, the
only manner in which the City can insure that
proper drainage facilities are constructed is
through platting, placing a restriction to
require a Detailed Development Plan,
including plans for stormwater management, to
be approved by the City prior to construc—
tion. A Stormwater Facility Maintenance
Covenant should also be required. If
easements for drainage facilities, including
Legend Oaks 5
detention and/or filtration facilities are
not shown on the plat, then a re -plat of each
individual lot should be required whenever
the configuration of these facilities is
known.
Utilities: The applicant has proposed to serve this site
with water from the Chisholm Trail Water
Supply Corporation. According to the
information provided, adequate City standards
for fire protection can not be met by this
system (900 gallons per minute estimated
versus 1500 gallons per minute required).
Since the City may need to provide water
service to this area in the future, all
construction should conform to City
construction standards.
The City requires as a minimum that an 8 inch
water line be installed along Hwy 29.
However, because of the single feed and fire
flow requirements, this line should be a 12
inch minimum. The consulting engineers
recommend that the existing 6 inch water line
crossing Hwy 29 be replaced with a larger
diameter line, as all flows to this
development will be transported through this
line. The proposed on-site line should be
extended along the entire length of the north
property line to facilitate future extension.
The high ground elevation of Legend Oaks
Section 2 will require that any connections
be tied into the upper pressure plane system
to provide adequate City water service.
Connection to the lower pressure plane will
require booster pumps to provide adequate
service.
The Public Works Division has requested that
as a 20 -foot wide Public Utility Easement be
required along the entire outer perimeter of
this property. A complete utility layout
should be provided in order to ascertain the
size and location of necessary easements.
Variances: The applicant is requesting approval for
variances deleting the building setback lines
and Public Utility Easements adjacent to
interior side lot lines, as required by
Sections 5.04 and 5.06, respectively, of the
Subdivision Ordinance, only in those cases
where instances of common ownership between
Legend Oaks R
two lots exists. Such a situation is only
hypothetical and does not yet exist on a
proposed site plan.
Landscaping: The subject property is located in a woodland
area in the Edwards Aquifer Recharge Zone.
Development of this site will likely require
the removal of many of the site's trees,
reducing tree cover and exposing slopes to
run—off of pollutants and sediments. A tree
survey and landscape plan for this site is
required to fully evaluate the impact of -
development on the site slopes.
Staff Recommendation: (October 2, 1986)
The staff recommends approval of the Preliminary/Final Plat
request subject to the following conditions:
1. All ordinance requirements being met,
2. Utilities being adequate:
a. Utility Concept Plan shall indicate all utilities
required for the site and be revised to conform to City
construction standards,
b. Fire protection improvements shall comply with City
standards
3. A Detailed Development Plan shall be submitted for each site
in conformance with Section 6 of the Subdivision Ordinance.
Specifically, these plans shall:
a. Maximize the preservation of existing trees,
b. Provide for stormwater filtration and erosion controls,
C. Control the use of signage to minimize visual clutter and
intrusion upon the landscape,
4. A common detention facility shall be provided for all lots in
the subdivision. A total maximum impervious cover of 70%
per lot shall be indicated on the plat,
5. A Stormwater Facility Maintenance Covenant shall be filed
with the plat,
6. The requested variance regarding building lines and utility
easements should be granted, conditional upon the addition of
a 20—foot P.U.E. along the perimeter of the site and any
additional easements required to accommodate specific
utilities identified by the above item 2.a.
Note: Applicant should consider the use of City utilities
P&Z Recommendation: (October 7, 1986) (5-0)
Recommend approval of the request, with the staff recommendations
above being met with the following amendments:
2b. Fire protection improvements shall be approved by City Fire
Marshall.
Ah ac=ceptable detention plan shall be provided for all lots in
the subdivision. A total maximum impervious cover of 70%
Legend Oaks 7
Note: Applicant should consider the use of City utilities
P&Z Recommendation: (October 7, 1986) (5-0)
Recommend approval of the request, with the staff recommendations
above being met with the following amendments:
2b. Fire protection improvements shall be approved by City Fire
Marshall,
4. An adequate detention plan shall be provided for all lots in
the subdivision. A total maximum impervious cover of 70%
per lot shall be indicated on the plat,
6. The requested variance regarding building lines and utility
easements should be granted, conditional upon the addition of
a 20 -foot P.U.E. along the perimeter of the site if needed to
provide service and any additional easements required to
accommodate specific utilities identified by the above item
2.a.
City Council Action: (October 28, 1986) (5-0)
Approval with the conditions as amended by the Commission above
with the understanding that the applicant has agreed to use City
Electric Service.
MEMORANDUM
To: Mayor and City Council
From: Edward J. Barry, AICPrector
Date: November 18, 1986
Subject: Wastewater discharge permit for Creek Place Subdivision
About a year ago we received notice of an application
submitted to the Texas Water Commission (TWC) regarding the above
project. Not much has transpired since then but now the request
is again up for consideration before the TWC. Staff has reviewed
the matter and for the reasons outlined in the attached memo of
Oct. 21, 1986 proposes that the City take no further action in
this case. The question of whether or not this should be our
position has been raised an it is possible that our stand should
be reconsidered. For this reason it is being placed on the
agenda so that staff may receive direction from the Council on
how we should address this issue. I'd be happy to try and answer
any questions you might have about this between now and the
meeting.
MEMORANDUM
To: Mayor and City Council
From: Randall Gaither - Chief Current Plan
Date: October 20, 1986
Re: Official City Zoning Map
For the past several months staff has been preparing an updated
Official Zoning Map for the City. This project involved many
hours of research and documentation in addition to the technical
drafting and presentation aspects. The Planning and Zoning
Commission has recommended adoption of the map.
The improved features of this map are:
1. It is reproducible and in its uncolored format, possible to
distribute to the Community,
2. Future updates can be performed much more efficiently,
3. The color coded version is designed to conform with
standard" designations for easier interpretation,
4. The approximate limits of the 100 -year flood plain have been
added,
5. An index number has been added which references the specific
Zoning Map Amendment Ordinance for each case,
6. Several, more recently developed areas have been added to the
map.
The map was prepared in an attempt to comply with Section 14.206
of the Zoning Ordinance and will upon adoption by Council and
Planning and Zoning Commission, become the "Official Zoning Map
of Georgetown".
Staff recommends the adoption of this map as representative of
the most comprehensive and accurate documentation of information
available at this time. It is essential for the proper
enforcement of the City's Zoning Ordinance.
However, there are some potential problem areas reflected on the
map which should be acknowledged at this time. These are:
1. Areas for which no Zoning Map Amendment Ordinance has been
found and yet are indicated by previous "City Zoning Maps".
This includes the RM -3 District of Haven Heights subdivision
and the C-1 District in Highland Park Subdivision,
2. Areas in which the zoning district does not correspond with
current property ownership and legal lot lines,
3. Areas where the zoning district does not fit either the
current land use or adopted plans for future land use
decisions. The R—P District in San Gabriel Heights, the I
District north of 22nd Street, Wicks Lumber Company and
others along Leander Road are examples of this,
4. Discrepancies between the "zoning" of the South San Gabriel
Urban Renewal Plan and the documented ordinances amending the
Zoning Map.
These are areas which should be the focus of future efforts to
improve the accuracy of the map as part of the ongoing update
process.
CITY COUNCIL
CITY OF GEORGETOWN
The City of Georgetown City Council PPROV /
the request listed
below. WITNESS OUR HANDS this 28 day of October, 1986.
Mayor, City of Georgetown
Project Name & #: Legend Oaks Section Two Preliminary/Final Plat
Project #00542
Applicant: Thomas G. Foust, Jr.
Owner: same
Request: Approval for Preliminary/Final Plat for Legend Oaks
Section 2. Granting of variances deleting the
building setback lines and Public Utility Easements
adjacent to interior side lot lines as required by
Sections 5.04 and 5.06, respectively, of the
Subdivision Ordinance.
Approval with the conditions as listed below being met, with the
understanding that the applicant has agreed to use City Electric
Service:
1. All ordinance requirements being met,
2. Utilities being adequate:
a. Utility Concept Plan shall indicate all utilities
required for the site and be revised to conform to City
construction standards,
b. Fire protection improvements shall be approved by City
Fire Marshall,
3. A Detailed Development Plan shall be submitted for each site
in conformance with Section 6 of the Subdivision Ordinance.
Specifically, these plans shall:
a. Maximize the preservation of existing trees,
b. Provide for stormwater filtration and erosion controls,
C. Control the use of signage to minimize visual clutter and
intrusion upon the landscape,
4. An adequate detention plan shall be provided for all lots in
the subdivision. A total maximum impervious cover of 70%
per lot shall be indicated on the plat,
5. A Stormwater Facility Maintenance Covenant shall be filed
with the plat,
6. The requested variance regarding building lines and utility
easements should be granted, conditional upon the addition of
a 20 -foot P.U.E. along the perimeter of the site if needed to
provide service and any additional easements required to
accommodate specific utilities identified by the above item
2.a.
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CITY COUNCIL
CITY OF GEORGETOWN
The City of Georgetown City Counc' APPROV /
he request listed
below. WITNESS OUR HANDS this 28 day of October, 1986.
Mayor, City of Georgetown
Project Name & #: Official City Zoning Map
Applicant:
Owner:
Request: Adoption of the "Official Zoning Map"
Approval of the adoption of the "Official City Zoning Map" with
the understanding that this represents the current zoning to the
best of the City's knowledge and the conflicts which may arise
due to additional information may be resolved by amending the map
by a resolution of the Council.
1
CITY COUNCIL
CITY OF GEORGETOWN
The City of Georgetown City Council 'PP
T"' ;
S/
the request listed
below. WITNESS OUR HANDS this 28 day of October, 1986.
Mayor, City of Georgetown
Project Name & #: 703 Parkway - Variance - Front, Side and Rear
Yard Setback Encroachment and P.U.E. Encroachment.
Project #00547.
Applicant: Elvin and Donna Hall
Owner: same
Request: Approval for a variance from Section 2.0203 Part 1 a
b of the Zoning Ordinance to allow the existing
home to encroach into the front yard setback; an
existing concrete slab and storage building to
encroach into the side yard setback; and a portable
building and aforementioned storage building to
encroach upon rear yard setbacks; and from applicable
dedication provisions of the subdivision plat of Lot
4, Block 5 Country Club Acres, Unit 2, as recorded in
Cabinet B, Slides 26-27 of the Plat Records of
Williamson County, Texas to allow an existing
portable building and storage building to remain
encroached within a 15 foot Public Utility Easement.
Approval of requested variances subject to the following
conditions:
1. If any of the encroaching structures are destroyed or damaged
in excess of 50% of Fair Market Value, they shall not be
replaced, except in conformance with all requirements,
2. The encroaching structures shall not be extended or enlarged,
into the yard & PUE
3. If at any time in the future the City needs to utilize said
easement for the repair, extension, replacement, etc. of
utility lines and appurtenances, then all encroachments shall
be removed at the expense of owner,
4. Applicant shall file an Indemnity Agreement containing the
above provisions, to be approved by the City Attorney.
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CITY COUNCIL
CITY OF GEORGETOWN
The City of Georgetown City Council S ABLES
the request listed
below. WITNESS OUR HANDS this 28 day of October, 1986.
l I — cu' -\\'--
Mayor, City of Georgetown
Project Name & #: Dennis P McCoy Subdivision - Variance -
Reinstatment of Final Plat. Project #00094
Applicant: McCoy Realty Corporation
Owner: same
Request: A variance, as required by Section 4.04 Part 15 of
the Subdivision Ordinance, to allow a reinstatement
of Final Plat approval for the Dennis P. McCoy
Subdivision which has expired.
Tabled pending staff resolution of fire protection issue to
include future provision of fire service in conformance with City
standards and specific language for required interim
improvements.
1
CITY COUNCIL
CITY OF GEORGETOWN
The City of Georgetown City Council APPROVE /
the request listed
below. WITNESS OUR HANDS this 28 day of October, 1986.
Mayor, City of Georgetown
Project Name & #: Karsten Addition - Variance - Reinstatement of
Final Plat. Project #00139
Applicant: Creditbanc Savings Association
Owner: same
Request: A variance, as required by Section 4.04 Part 15 of
the Subdivision Ordinance, to allow an extension of
Final Plat approval for Karsten Addition.
Granting of request to reinstate the Final Plat and extending
approval until January 13, 1987 with the understanding that
should the plat not be recorded by this date then all City
approvals shall be void and the subdivision ordinance in effect
on that date shall be applied to the property.
All previous conditions of final plat approval shall be met.
Fire protection improvements shall conform to City standards
prior to issuance of building permits, utility connection
permits, or on-site wastewater disposal system permits.
1
CITY COUNCIL
CITY OF GEORGETOWN
The City of Georgetown City Council ABLES
the request listed
below. WITNESS OUR HANDS this 28 day of October, 1986.
Mayor, City of Georgetown
Project Name & #: Mickler Park - Variance - Reinstatement of
Final Plat. Project #00093
Applicant: Gilbreath, McDill, and Associates, Inc.
Owner: Gretchen Mickler
Request: A variance, as required by Section 4.04 Part 15 of
the Subdivision Ordinance, to allow a reinstatement
and six month extension of Final Plat approval for
Mickler Park.
Tabled until it has been determined whether or not fees have been
paid.
1