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Agenda CC 03.27.2012
Notice of Meeting of the Governing Body of the City of Georgetown, Texas MARCH 27, 2012 The Georgetown City Council will meet on MARCH 27, 2012 at 6:00 P.M. at Council Chambers - 101 East 7th Street, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. 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 Mayor - Welcome and Meeting Procedures - 2012 Compensation Committee Appointments - Autism Awareness Day Proclamation City Council Regional Board Reports - CAMPO - Lone Star Rail District City Manager Comments - Best Inter-generational Community Award Presentation Action from Executive Session Public Wishing to Address Council On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subject not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. B - As of the deadline, no persons were signed up to speak on items other than what was posted on the agenda. Statutory 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 Consideration and possible action to approve the minutes of the Workshop and Regular Council meeting held on Tuesday, March 13, 2012 -- Jessica Brettle, City Secretary D Consideration and possible action to approve payment to Electsolve Technology Solutions and Services, Inc. for the amount of $50,400.00 for annual software maintenance of the City’s Meter Data Management System -- Mike Peters, Information Technology Director and Micki Rundell, Chief Financial Officer E Consideration and possible action to award the annual bid for office supplies to V-Quest, of Georgetown, Texas, in the estimated amount of $80,000.00 -- Trina Bickford, Purchasing Manager and Micki Rundell, Chief Financial Officer F Consideration and possible action to approve the declaration of various impounded vehicles and security monitoring equipment to be disposed of using online auctioneering services of Gaston and Sheehan Auctioneers, Inc., of Pflugerville, Texas -- Trina Bickford, Purchasing Manager and Micki Rundell, Chief Financial Officer G Forwarded by the Convention and Visitors Bureau Board (CVBB): Consideration and possible action to approve an allocation of $2,500.00 in Hotel Occupancy Tax (HOT) funds to the Georgetown High School Soccer Booster Club, for help in the cost of promoting and facilitating the Men’s and Women’s UIL State Soccer Tournament -- Cari Miller, Tourism Director H Consideration and possible action to enter into the Georgetown Grand Event Production Agreement with Holland Racing, LLC for the Georgetown Grand bicycle racing weekend to be held on May 19 - 20, 2012 -- Keith Hutchison, Public Communications Director and Bridget Chapman, Acting City Attorney I Consideration and possible action to appoint Council Member Rachael Jonrowe to the Clean Air Coalition -- Mayor George Garver J Consideration and possible action to appoint David Kellerman to the Main Street Advisory Board to fill a vacancy -- Mayor George Garver Legislative Regular Agenda K Public Hearing and possible action on a Special Use Permit to allow a “Personal Services, Restricted” specific use – a check cashing facility doing business as Check ‘n Go - in the Local Commercial (C-1) District, in a portion of Fleager Addition, Block 1, Lot 7-19, located at 603 West University Avenue, Unit 104 -- Mike Elabarger, Planner III and Elizabeth Cook, Community Development Director(action required) L Public Hearingand First Reading of an Ordinance on a Comprehensive Plan Amendment to change the future land use designation from Low Density Residential (LDR) to Mixed Use Community (MUC) for 121.64 acres in the Issac Jones Survey, to be known as Gatlin Creek, located at 4900 Williams Drive -- Valerie Kreger, AICP, Principal Planner and Elizabeth A. Cook, Community Development Director (action required) M Public Hearingand First Reading of an Ordinance on a Rezoning from the Agriculture (AG) District to Planned Unit Development (PUD) District with a base district of Local Commercial (C-1), for 121.64 acres in the Issac Jones Survey, to be known as Gatlin Creek, located at 4900 Williams Drive -- Valerie Kreger, AICP, Principal Planner and Elizabeth A. Cook, Community Development Director (action required) N Public Hearingand First Reading of an Ordinance Rezoning 78.52 acres of the N. Porter and A. Flores Surveys from Single-Family Residential (RS) District, Local Commercial (C-1) District, General Commercial (C-3) District and Planned Unit Development (PUD) with a C-1 base district to PUD with base districts of Multifamily (MF), C-1, and C-3, located on Washam Drive and I-35, to be known as Fontana Plaza -- Jennifer C. Bills, AICP, LEED AP, Housing Coordinator and Elizabeth A. Cook, Community Development Director(action required) O Consideration and possible action to approve a Resolution amending the development processing and application fees pursuant to Chapter 3.02.020 of the Unified Development Code (UDC) -- Elizabeth A. Cook, Community Development Director and Valerie Kreger, AICP, Principal Planner (action required) P Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to award a Construction Contract to Westar Construction, Inc., of Georgetown, Texas, for the construction of the 2009 Miscellaneous Sidewalks, Curb and Drainage Improvements Projects in the amount of $297,330.50 -- Edward G. Polasek, AICP, Transportation Services Director and Bill Dryden, P.E., Transportation Engineer Q Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to award a Construction Contract to Patin Construction Co., of Taylor, Texas, for construction of curb and gutter at various locations in the City, in the amount of $641,006.00 -- Edward G. Polasek, AICP, Transportation Services Director and Mark Miller, Transportation Services Manager R Forwarded from the Georgetown Transportation Advisory Board (GTAB) & the Georgetown Transportation Enhancement Corporation (GTEC): Discussion and possible action to approve a Resolution authorizing a 90/10 Agreement for Right of Way Procurement with the Texas Department of Transportation related to the FM 1460 Project in an estimated amount of $1,501,176.12 for local share of right-of-way acquisition and utility relocation -- Edward G. Polasek, AICP, Transportation Services Director and Bill Dryden, P.E., Transportation Engineer S Discussion and possible action regarding amending the proposed roadway plan for the intersection of FM 1460 and Inner Loop -- Tommy Gonzalez, Council Member District 7 T Consideration and possible action to amend the City of Georgetown's Roadway plan -- Tommy Gonzalez, Council Member District 7 U Forwarded from the Georgetown Utility System Advisory Board(GUS): Consideration and possible action to approve Task Order CDM-12-004 with CDM Smith, Inc., of Austin, Texas, for professional services related to Pecan Branch Wastewater Treatment Plant Expansion in the amount of $957,815.00 -- David Munk, P.E., Utility Engineer and Glenn W. Dishong, Utility Director V Forwarded from the General Government and Finance Subcommittee (GGAF): Consideration and possible action to approve award of three year lease for cardio equipment to be used in the Recreation Center to Marathon Fitness, of Sugar Land, Texas, with Allstate Capital providing the financing for a total of $108,568.02 -- Kimberly Garrett, Parks and Recreation Director W Forwarded by the General Government and Finance Subcommittee (GGAF): First Reading of an Ordinance amending Chapter 12.20 of the City of Georgetown Code of Ordinances entitled "Parks and Recreational Facilities" -- Kimberly Garrett, Parks and Recreation Director (action required) X First Reading of an Ordinance amending Chapter 12.24 of the City of Georgetown Code of Ordinances, entitled “Events and Celebrations” -- Robert Fite, Fire Chief and Laurie Brewer, Deputy City Manager (action required) Y Second Readingof an Ordinance on a Rezoning to remove a previous Ordinance restriction regarding land uses in a General Commercial (C-3) District at The Rivery Park II (Amended), Block B, Lots 2, 3, 4 and 6, located on Rivery Boulevard and Wolf Ranch Parkway -- Carla Benton, Planner II and Elizabeth A. Cook, Community Development Director (action required) Z Second Reading of an Ordinance to amend the Unified Development Code (UDC) Chapter 3, "Applications and Permits" -- Valerie Kreger, AICP, Principal Planner and Elizabeth Cook, Community Development Director (action required) AA Consideration and possible action to approve a Resolution pertaining to the cancellation of the May 12, 2012 Election for District 1 and District 5 -- Jessica Brettle, City Secretary and Bridget Chapman, Acting City Attorney BB Consideration and possible action to approve a Resolution confirming the appointment of Glenn Mautner to fill the current vacancy on the Fire Fighters' and Police Officers' Civil Service Commission -- Paul E. Brandenburg, City Manager Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session. CC Sec. 551.071: Consultation with Attorney - Advice from attorney about pending litigation that has been filed against the City or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including but not limited to this week's agenda items DD Sec. 551.072: Deliberation about Real Property - Deliberations concerning the acquisition of a 36.969-acre parcel of land in fee simple and a 0.152- acre drainage easement situated in the Joseph Thompson Survey, A-608, Williamson County, Texas, from A.C. Weir Properties, Ltd., in connection with the Southwest Bypass Road Project -- Terri Glasby Calhoun, Real Estate Services Coordinator and Kent Alan Sick, Attorney at Law, Legal Counsel for the City - Deliberations concerning possible purchase of +12.05-acre railroad easement along Inner Loop Road from Georgetown Railroad Company, Inc. -- Paul E. Brandenburg, City Manager and Jim Briggs, Assistant City Manager EE Sec. 551.086: Competitive Matters - Contract with EDF Trading North America, LLC, for Energy Above the Capped Load (EACL), 2012 -- Jim Briggs, Assistant City Manager - Contract issues regarding LCRA Wholesale Power Contract -- Jim Briggs - Assistant City Manager 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 _________________, 2012, 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 March 27, 2012 SUBJECT: Call to Order Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures - 2012 Compensation Committee Appointments - Autism Awareness Day Proclamation City Council Regional Board Reports - CAMPO - Lone Star Rail District City Manager Comments - Best Inter-generational Community Award Presentation Action from Executive Session ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Cover Memo Item # A City of Georgetown, Texas March 27, 2012 SUBJECT: - As of the deadline, no persons were signed up to speak on items other than what was posted on the agenda. ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Cover Memo Item # B City of Georgetown, Texas March 27, 2012 SUBJECT: Consideration and possible action to approve the minutes of the Workshop and Regular Council meeting held on Tuesday, March 13, 2012 -- Jessica Brettle, City Secretary ITEM SUMMARY: Please see attached for draft minutes. FINANCIAL IMPACT: SUBMITTED BY: Jessica Brettle, City Secretary ATTACHMENTS: March 13, 2012 Workshop Minutes- Draft March 13, 2012 Regular Meeting Minutes- Draft Cover Memo Item # C City of Georgetown, Texas March 27, 2012 SUBJECT: Consideration and possible action to approve payment to Electsolve Technology Solutions and Services, Inc. for the amount of $50,400.00 for annual software maintenance of the City’s Meter Data Management System -- Mike Peters, Information Technology Director and Micki Rundell, Chief Financial Officer ITEM SUMMARY: This item is for the annual software maintenance contract for the Electsolve meter data management system, which was acquired during FY 2011-2012 as part of the City Links project. FINANCIAL IMPACT: This item was budgeted during the FY 2012 budget process. Expenses will be recorded in account 570-5- 0641-51-341 (Annual Contracts). SUBMITTED BY: ATTACHMENTS: Invoice Cover Memo Item # D City of Georgetown Utilities Emailed to Mike Peters PO Box 406 Georgetown, TX 78627 INVOICE 20122 1.5% discount for net 15 payment Phone: (877)221-2055 Fax#: (318)670-1355 Terms:30 Early pmt discount 1.5% for net 15 Date Description of Services Amount February 2012 2/27/2012 MDM Basic Software Annual Maintenance Support Contract for City of Georgetown $50,400.00 One time billing for 2012 $50,400.00 Please Remit To: ElectSolve Technology Solutions and Services, Inc. Attn: Mark T. Ponder P.O.Box 661 Shreveport, La. 71162 Mark T. Ponder Approval Signature(s) President City of Georgetown ElectSolve Technology Solutions and Services, Inc. Attachment number 1 \nPage 1 of 2 Item # D Attachment number 1 \nPage 2 of 2 Item # D City of Georgetown, Texas March 27, 2012 SUBJECT: Consideration and possible action to award the annual bid for office supplies to V-Quest, of Georgetown, Texas, in the estimated amount of $80,000.00 -- Trina Bickford, Purchasing Manager and Micki Rundell, Chief Financial Officer ITEM SUMMARY: After review of available group purchase contracts and the City’s current office supply requirements, it was determined that the contract with V-Quest offered under the TIPS/TAPS interlocal purchasing organization presented the best value for the City. V-Quest is a local vendor and has provided excellent service to the City for several years as the holder of the current blanket order for office supplies. Additionally, V-Quest has worked closely with the City to ensure our needs are completely met, even if the best solution was available from a source other than V-Quest. Staff recommends continuing this successful relationship through the end of the TIPS/TAPS contract, April 30, 2012, at which time the requirement will be reevaluated. Items included on this bid are ordered on an as needed basis. Quantities are based on the previous year’s history. FINANCIAL IMPACT: The estimated total for this bid is $80,000.00. Funds for this expenditure are budgeted in the individual department office supply accounts. SUBMITTED BY: Cover Memo Item # E City of Georgetown, Texas March 27, 2012 SUBJECT: Consideration and possible action to approve the declaration of various impounded vehicles and security monitoring equipment to be disposed of using online auctioneering services of Gaston and Sheehan Auctioneers, Inc., of Pflugerville, Texas -- Trina Bickford, Purchasing Manager and Micki Rundell, Chief Financial Officer ITEM SUMMARY: Various vehicles and security monitoring equipment (detailed on attachment) have been deemed of no further use by all City departments. Staff recommendation is to declare these items surplus and authorize staff to dispose of through online auctioneering services of Gaston and Sheehan Auctioneers, Inc. of Pflugerville, Texas. The abandoned vehicles have been confiscated by the Police Department and placed in the City’s impound yard. After all required procedures have been completed, State law allows Police Departments to sell abandoned vehicles and the proceeds from the sale are deposited into the abandoned vehicle fund for the purchase of police equipment. Previously, the abandoned vehicles were sold in the City’s surplus auction. After moving to online auctions, the revenue received was higher than from the City’s live auctions and the expenses were lower. Additionally, as a result of changes in technology and system upgrades, several components used for security monitoring are no longer in operation and of no further use to the City. Although the items are outdated, a modest amount of revenue may be expected from offering them as a part of the online process. The City of Georgetown Code of Ordinances states, in section 4.28 Disposition of Excess Property, that the City Council may declare any City property to be excess, as recommended by the City Manager. The ordinance states that the City Council shall determine the method of disposal of any surplus property. Staff recommends that these items be sold through online auction. Austin, Round Rock, Taylor, Hutto, Cedar Park and Pflugerville have all used the online auctioning services provided by Gaston and Sheehan. FINANCIAL IMPACT: Gaston & Sheehan will retain 7.5 percent of the proceeds from this auction, the rate Gaston & Sheehan has imposed for the past few years with no increase. Staff anticipates the income from this auction to be approximately $3400. Revenue received from the sale of the vehicles will be deposited in the Abandoned Vehicles Fund, account #273-4-0701-44-235, and revenue for sale of the security monitoring equipment will be deposited in the Sale of Property account, 100-4-0001-44-361. SUBMITTED BY: ATTACHMENTS: List of Vehicles and security monitoring equipment Photo 1 Photo 2 Photo 3 Photo 4 Photo 5 Photo 6 Cover Memo Item # F Attachment to Council agenda item, 3/27/2012 Abandoned vehicles for auction: 1993 Ford 1996 Ford 1991 Ford 1988 Ford 1989 Buick 1993 Saturn Obsolete security monitoring equipment for auction: 10 Dedicated Micros brand video video recorders for security camera systems 4 monitors 1 wall mount bracket 24 Northern brand circuit boards and power supply boxes for security systems Attachment number 1 \nPage 1 of 1 Item # F Attachment number 2 \nPage 1 of 1 Item # F Attachment number 3 \nPage 1 of 1 Item # F Attachment number 4 \nPage 1 of 1 Item # F Attachment number 5 \nPage 1 of 1 Item # F Attachment number 6 \nPage 1 of 1 Item # F Attachment number 7 \nPage 1 of 1 Item # F City of Georgetown, Texas March 27, 2012 SUBJECT: Forwarded by the Convention and Visitors Bureau Board (CVBB): Consideration and possible action to approve an allocation of $2,500.00 in Hotel Occupancy Tax (HOT) funds to the Georgetown High School Soccer Booster Club, for help in the cost of promoting and facilitating the Men’s and Women’s UIL State Soccer Tournament -- Cari Miller, Tourism Director ITEM SUMMARY: The Convention and Visitors Bureau Board hereby respectfully recommends that City Council approve the allocation of $2,500.00 out of the 2011/2012 CVB budget to the Georgetown High School Soccer Booster Club for help in the cost of promoting the Men’s and Women’s UIL State Soccer Tournament, April 19 – 21, 2012. FINANCIAL IMPACT: There are sufficient HOT funds available ($8,000 available) in the CVB budget for this request in the Co-op Advertising account # 201-5-0208-51-132. SUBMITTED BY: Cari Miller ATTACHMENTS: H.O.T. Grant Application Cover Memo Item # G At t a c h m e n t n u m b e r 1 \ n P a g e 1 o f 6 It e m # G At t a c h m e n t n u m b e r 1 \ n P a g e 2 o f 6 It e m # G At t a c h m e n t n u m b e r 1 \ n P a g e 3 o f 6 It e m # G At t a c h m e n t n u m b e r 1 \ n P a g e 4 o f 6 It e m # G At t a c h m e n t n u m b e r 1 \ n P a g e 5 o f 6 It e m # G At t a c h m e n t n u m b e r 1 \ n P a g e 6 o f 6 It e m # G City of Georgetown, Texas March 27, 2012 SUBJECT: Consideration and possible action to enter into the Georgetown Grand Event Production Agreement with Holland Racing, LLC for the Georgetown Grand bicycle racing weekend to be held on May 19 - 20, 2012 -- Keith Hutchison, Public Communications Director and Bridget Chapman, Acting City Attorney ITEM SUMMARY: The agreement delineates mutual responsibilities for the City of Georgetown and Holland Racing regarding the production of the Georgetown Grand, a bicycle racing event in downtown Georgetown May 19 – 20, 2012. The event will be sponsored by Holland Racing, a bicycle racing event promotion company based in Austin. The Georgetown Grand will be the state criterium championship for the Texas Bicycle Racing Association on a course sanctioned by USA Cycling. The Georgetown Grand also will include a non- competitive recreational ride on the morning of Saturday, May 19. FINANCIAL IMPACT: None SUBMITTED BY: ATTACHMENTS: Georgetown Grand Agreement Exhibit A - Map Cover Memo Item # H GEORGETOWN GRAND EVENT PRODUCTION AGREEMENT This Georgetown Grand Event Production Agreement ("Agreement") is entered into as of the ____ day of __________ 2012 ("Effective Date"), by and between The City of Georgetown, Texas (“Georgetown”) and HOLLAND RACING, LLC, a Texas limited liability company (“Holland”). WHEREAS, Holland is the preeminent promoter of bicycle racing in Texas, with significant experience over multiple years in staging USA Cycling (“USAC”) sanctioned bicycle races, including criteriums (“crits”), road races, time trials, stage races and gran fondos. WHEREAS, in order to promote tourism and other economic investment in its community, Georgetown desires to serve as the host city for a successful weekend of bicycle races during the height of the crit season, known as the Georgetown Grand, and for Holland to stage and promote same. WHEREAS, in order to accommodate Georgetown’s desire to host a successful weekend of bicycle races during the height of the crit season, Holland has secured a weekend on the bicycle racing calendar which was previously reserved for and dedicated to a separate event Holland has promoted for the last three years. ACCORDINGLY, IN CONSIDERATION of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, both Holland and Georgetown agree as follows: 1. Scope and Description of Event. (a) The Georgetown Grand will consist of two days of bicycle racing in the downtown historic district of Georgetown, Texas. Holland and Georgetown will work together to promote a festive atmosphere surrounding the bicycles races. For 2012, the Georgetown Grand race course (the “Course”) is shown on the attached Exhibit A, and has been approved by USAC and the City of Georgetown. Georgetown and Holland acknowledge that the Course may have to be modified to meet USAC standards in future years. (b) The Georgetown Grand will occur in 2012 on the weekend of May 19-20, 2012. In successive years, Holland will attempt to secure the third weekend of May for the Georgetown Grand, but cannot guarantee such schedule, given that regional and national cycling calendars are separately governed by the Texas Bicycle Racing Association (“TXBRA”) calendar and USA Cycling National Racing Calendar (“NRC”). In the event the Georgetown Grand should be scheduled on a different weekend to accommodate TXBRA or NRC calendars, Holland and Georgetown will negotiate in good faith to find a mutually agreeable date. For the purposes of this Agreement, the Georgetown Grand Weekend runs from 4:00 p.m. on the Friday preceding the bike races until 12 p.m. on the Monday following the second day of bike races (the “Georgetown Grand Weekend”). 2. Term. (a) The Term of this Agreement shall commence upon execution of this Agreement and runs for 1 year. The Agreement is automatically extended for additional 1 year terms in the absence of timely notice of termination by either party as provided in (b) below. Because it is possible that the Georgetown Grand may not occur on the same calendar dates in successive Attachment number 1 \nPage 1 of 9 Item # H 2 years, an automatic renewal for an additional 1 year term means that the Georgetown Grand will occur during the following calendar year, even if that means it has been longer than 12 calendar months since the last Georgetown Grand occurred. (b) This Agreement will terminate under one of the following scenarios: (1) This Agreement will terminate upon written notice from either party, received by the other party on or before July 1, or 60 days after the Georgetown Grand Weekend ends, whichever is later, that the Agreement will not be renewed for the following calendar year; or (2) This Agreement will terminate upon written notice by either party to the other party that the notifying party elects to terminate this Agreement for default under Paragraph 6 of this Agreement. © If at any time before July 1 of a particular year, Georgetown receives an offer from another race promoter to stage a cycling event in Georgetown which competes with the Georgetown Grand for the following calendar year, or if Georgetown believes that a non-cycling related event should be held instead of the Georgetown Grand during the following calendar year, then Georgetown will give Holland written notice of such offer (“Notice of Offer”) identifying the material terms of the proposed agreement. In such event, Holland will have the right, at its election, to offer to stage the Georgetown Grand for the following calendar year on the same material terms specified in the Notice of Offer. Holland’s written offer shall be provided to Georgetown within ten (10) days after receipt of Georgetown’s Notice of Offer. 3. Holland’s Rights and Obligations. (a) Holland agrees to and has all rights to perform all acts necessary for the staging, structure, scheduling and promotion of the Georgetown Grand. (b) Holland’s promotion of the Georgetown Grand includes promoting two days of bicycle racing. Holland will run the registration process. The daily schedule for the bike races will be determined by Holland, and may include races happening during the late evening time. (c) Holland agrees to and has all rights to contract for and purchase goods and services, including volunteer services for the staging and promotion of the Georgetown Grand. (d) Holland has the right to invite sponsors and food and beverage vendors to advertise and sell their products at the Georgetown Grand. (e) Holland has full rights to promote and advertise the Georgetown Grand on the radio, television, internet, email, in various cycling publications, and by other commercially reasonable methods. (f) Holland has full rights to produce, advertise and sell merchandise which bears the name of the Georgetown Grand and its logo in connection with the promotion and advertising efforts for the Georgetown Grand. Such merchandise may include but is not limited to event apparel, beer glasses and pitchers, cycling water bottles, coffee mugs and coffee. (g) Holland has the right to park and/or store its equipment, including trucks, trailers and food trucks in the Georgetown downtown square district during the Georgetown Grand Weekend. (h) Holland has the right to perform set-up, maintenance, tear-down and clean-up for all equipment and materials during the Georgetown Weekend, meaning beginning on 4:00 p.m. Attachment number 1 \nPage 2 of 9 Item # H 3 on the Friday preceding the bike races until 12 p.m. on the Monday following the second day of bike races. (i) Holland has all rights of ownership to the name “Georgetown Grand” and any branding or logos for the Georgetown Grand. Holland has all rights of ownership and maintenance over dedicated websites for the Georgetown Grand, including www.georgetowngrand.com (j) Holland agrees to create and has all rights of ownership over the logo for the Georgetown Grand. (k) Holland agrees to and has all rights to obtain any necessary licenses and permits and insurance from USAC or other governing cycling body required by USAC to promote the Georgetown Grand. Before racer and/or sponsor participation during any day of the Georgetown Grand, Holland will obtain from each participant and/or sponsor an applicable USAC waiver and liability release. (l) Holland has all rights, but is not obligated, to solicit sponsorship monies to fund any and all expenses associated with the Georgetown Grand. (m) Holland has all rights to all entry fees and sponsorship monies associated with the Georgetown Grand. 4. Georgetown’s Rights and Obligations. (a) During the Term of the Agreement, Georgetown agrees to designate the Georgetown Grand as a “Major City Event,” which means that Georgetown, at its own expense, agrees to: (1) Provide police personnel to adequately control Georgetown city street corners and/or intersections. Holland and Georgetown agree that a minimum of 10 police officers will be required each day of the Georgetown Grand weekend. (2) Make necessary repairs or improvements to the roads which comprise the Course in order to ensure rider safety. All roads comprising the Course will be closed to car traffic and Georgetown agrees to provide the necessary barricades to close same. (3) Install brighter bulbs in the street lamps of the Georgetown Downtown Square district in order to more brightly light the Course for races occurring at night. (4) Provide medical support via EMS/Paramedics during the Georgetown Grand Weekend. (5) Create and provide a traffic control plan for the Georgetown Grand Weekend. (b) Georgetown agrees that the Course as it is currently shown on Exhibit A has been approved by USAC and may not be changed without USAC’s and Holland’s approval. (c) Georgetown agrees and acknowledges that HOT Grant funds have been allocated to the Georgetown Grand including $15,000 in 2012. Holland will be reimbursed by Attachment number 1 \nPage 3 of 9 Item # H 4 Georgetown from the HOT Grant to cover expenses incurred in promoting the Georgetown Grand. Holland may reapply for such HOT Grant funds in future years during the Term. 5. Holland’s and Georgetown’s Joint Rights and Obligations. (a) Holland and Georgetown agree to and have all rights to coordinate press and publicity for the Georgetown Grand. (b) Holland and Georgetown will work together to promote a festive atmosphere surrounding the bicycles races. (c) Holland and Georgetown have the right to use the Georgetown Grand name in promoting the event on print advertisements, promotion on the internet, promotional radio spots, television, cycling or sports publications, press releases, and for any other uses agreed to in writing by the parties. Georgetown and Holland will be permitted to use photographs and video footage of the Georgetown Grand for promotional and publicity purposes, for so long as they desire, as long as Holland and/or Georgetown have obtained permission from any professional photographers taking such photographs or video. (d) Holland and Georgetown agree to perform any further acts and to execute and deliver any further documents which may be reasonably necessary from time to time to carry out the provisions of this Agreement. 6. Default. (a) Either party shall be deemed to be in default hereunder if it fails to perform or observe any material term of this Agreement, and such failure has not been completely cured within thirty (30) days after receipt of written notice thereof from the other party. (b) Upon an uncured default as defined above, the party not in default may, at its option, elect to terminate this Agreement by serving written notice on the defaulting party of termination. 7. Mutual Indemnity for Third Party Claims. (a) Excluding claims, losses and damages arising as a result of intentional misconduct or intentional violation of any law or regulation, the parties will indemnify and hold each other harmless, including directors, officers, employees, agents and assigns, from and against all damages, losses, liabilities, expenses, and costs (including, without limitation, reasonable attorneys' fees) that the parties may incur that arise out of or in connection with any third-party claim that alleges the indemnifying party’s: (a) failure to comply with any applicable law, ordinance, rule, or regulation, or (b) material breach of this Agreement, or (c) breach of any third-party intellectual property, or (d) breach of any warranty or representation made herein, or (e) act or omission, or the act or omission of its employees or authorized agents which results in: (A) any damage to tangible personal property during the Georgetown Grand; and (B) any and all claims for personal injury to or death of participants, staff, media, sponsors, volunteers and Georgetown Grand attendees, including but not limited to, spectators, vendors and contractors or any other third parties during the Georgetown Grand. (b) Georgetown and Holland agree to give reasonable notice to the other of any such claim, loss, action, damage, expense or other liability subject to indemnification under this Section. Each party shall have the right to defend its own interests in connection with any such claim, loss, action, damage, expense or other liability, and its election to so defend its own Attachment number 1 \nPage 4 of 9 Item # H 5 interests shall in no way relieve the indemnifying party of its indemnity obligations under this Section. An indemnifying party shall not settle any claim that results in any obligation or assignment of liability to the indemnified party without the prior written consent of the indemnified party. 8. Insurance. Holland will ensure that the Georgetown Grand is covered by the appropriate event insurance through USAC, naming the City of Georgetown as an additional insured. Holland will also provide Georgetown with a Certificate of Insurance evidencing all other insurance coverage maintained by Holland. 9. Notices. All notices hereunder shall be sent in writing and shall be deemed to be duly given as of the date of delivery if hand delivered, or as of the postmark if sent by United States certified or registered mail, return receipt requested, postage fully prepaid, to the following addresses: (a) If to Georgetown: Keith Hutchinson Communications Director P.O. Box 0409 City of Georgetown, Texas 78627 (512) 930-3690 With a copy to the City Attorney: City Attorney P.O. Box 0409 City of Georgetown, Texas 78627 (512) 930-8158 (b) If to Holland: Andrew Willis 2001 Romeria Austin, Texas 78757 With a copy to Holland’s attorney: Christopher H. Trickey Graves, Dougherty, Hearon & Moody, P.C. 401 Congress Avenue, Suite 2200 Austin, Texas 78701 10. Relationship of the Parties. It is understood and agreed that Holland and Georgetown at all times are acting and performing as independent parties in providing services or performing acts under this Agreement, and Holland and Georgetown will not direct the manner or the method by which the other parties provide such services or performs such acts except pursuant to this Agreement. The parties hereto do not intend to create an employment, joint venture, partnership or agency relationship between Holland and Georgetown. Attachment number 1 \nPage 5 of 9 Item # H 6 11. No Assignment, Transfer or Sale of Rights, Obligations or Sponsorship Assets. Neither party hereto may assign or transfer to any third party any of the rights or obligations granted under this Agreement without the prior written consent of the other party. During the initial 1 year term or during any renewal term, Georgetown specifically agrees that it is not entitled to hire or engage any other management company to promote and stage the Georgetown Grand. 12. Governing Law and Venue. THIS AGREEMENT IS PERFORMABLE IN WILLIAMSON COUNTY, TEXAS AND WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THE PARTIES AGREE THAT ANY LAWSUIT FILED CLAIMING ANY BREACH OF THIS AGREEMENT OR SEEKING TO ENFORCE OR DECLARE ANY RIGHTS UNDER THIS AGREEMENT SHALL BE BROUGHT EXCLUSIVELY IN A COURT OF PROPER JURISDICTION IN WILLIAMSON COUNTY, TEXAS. 13. Representations and Warranties. Each of the parties hereby represents, warrants to, and covenants with, the other party as follows: (a) Each party hereby represents and warrants to the other that: (i) it has the power and authority to enter into and perform this Agreement in accordance with its terms, and (ii) the execution and performance of this Agreement by it will not contravene the terms of any other agreement to which it is a party. (b) Holland hereby represents and warrants that it has the full power and authority to enter into this Agreement; that all governmental permits and authorizations of whatever nature required for Holland to conduct the Georgetown Grand and for Holland’s performance of its obligations under the Agreement to be conducted in a lawful manner shall be obtained; and that Holland shall comply with all applicable laws, ordinances or governmental rules or regulations and orders applicable to such performance or the presentation of the Georgetown Grand. (c) Georgetown hereby represents and warrants that it has the full power and authority to enter into this Agreement and to perform its obligations under this Agreement and to grant the rights granted hereunder; and that Georgetown will work with Holland to provide the necessary governmental permits and authorizations of whatever nature required for Holland to conduct the Georgetown Grand. 14. Entire Agreement; Amendment. This Agreement constitutes the final and complete understanding of the parties regarding the subject matter hereof, superseding any prior agreements or understandings between them. This Agreement may not be amended or modified except by a subsequent written instrument evidencing the express consent of each of the parties, duly executed by the parties. 15. Severability. If at any time subsequent to the date of this Agreement, any clause or provision of this Agreement is held by any court of competent jurisdiction to be illegal, void or unenforceable, such provision shall be of no force and effect. In addition, the invalidation of any clause or provision of the Agreement will have no effect on the remaining provisions of this Agreement, and as such, the remaining Agreement will remain in full force and effect, and will be interpreted as consistently as possible. Attachment number 1 \nPage 6 of 9 Item # H 7 16. Waiver. The failure of either party hereto to insist in any instance upon the strict performance of any provision of this Agreement or to exercise any election contained herein shall not be construed as a waiver or relinquishment for the future of such provision or election. No waiver or modification by any party shall have been deemed to have been made unless expressed in writing by such party. 17. Force Majeure. Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder), to the extent such failures or delays are due to causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, Acts of God, earthquakes, hurricanes, floods or other natural disasters, wars, acts of terrorism, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected, provided however, that the Force Majeure event goes to the nexus of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. THE CITY OF GEORGETOWN _________________________ George G. Garver, Mayor ATTEST: APPROVED AS TO FORM: _________________________ ____________________________ Jessica Brettle, City Secretary Bridget Chapman Acting City Attorney Attachment number 1 \nPage 7 of 9 Item # H 8 HOLLAND RACING, LLC. Printed Name: ______ Title: STATE OF TEXAS } CORPORATE COUNTY OF ___________________ } ACKNOWLEDGEMENT On this _____day of ________________, 20___, _______________________ personally appeared before me and proved to me through satisfactory evidence of identification to be the person who signed this document in my presence. SEAL Notary Public, in and for the State of Texas Attachment number 1 \nPage 8 of 9 Item # H 9 EXHIBIT A Course Map Approved by Georgetown, Holland and USAC Attachment number 1 \nPage 9 of 9 Item # H = 1 mile = Courthouse Georgetown Grand Criterium Course State Criterium Championship May 19 – 20, 2012 GeorgetownGrand.com = Start/Finish Attachment number 2 \nPage 1 of 1 Item # H City of Georgetown, Texas March 27, 2012 SUBJECT: Consideration and possible action to appoint Council Member Rachael Jonrowe to the Clean Air Coalition -- Mayor George Garver ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Cover Memo Item # I City of Georgetown, Texas March 27, 2012 SUBJECT: Consideration and possible action to appoint David Kellerman to the Main Street Advisory Board to fill a vacancy -- Mayor George Garver ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Cover Memo Item # J City of Georgetown, Texas March 27, 2012 SUBJECT: Public Hearing and possible action on a Special Use Permit to allow a “Personal Services, Restricted” specific use – a check cashing facility doing business as Check ‘n Go - in the Local Commercial (C-1) District, in a portion of Fleager Addition, Block 1, Lot 7-19, located at 603 West University Avenue, Unit 104 -- Mike Elabarger, Planner III and Elizabeth Cook, Community Development Director(action required) ITEM SUMMARY: Background: Per Table 5.04.010 of the UDC, a check cashing facility is considered a “Personal Services, Restricted” specific use and is permitted in the Local Commercial (C-1) zoning district, subject to approval of a Special Use Permit. The “Personal Services, Restricted” use is defined as: an establishment providing personal services that are generally less desirable adjacent to residential areas including, but not limited to, tattoo parlors, body piercing studios, check cashing facilities, bail bond agents, pawnshops, and palm and card readers.” The applicant seeks to establish the use in Unit 104 of the existing University Commons shopping center; the unit was formerly inhabited by a Curves indoor fitness center. The 2065 square foot lease space will be renovated to provide a customer service area, several work stations/terminals, and an open reception area. Planning and Zoning Commission Recommendation: On March 6, 2012, the Planning and Zoning Commission, with a vote of 5-0, recommended approval of the Special Use Permit to allow a 'Personal Services, Restricted' use in the Local Commercial (C-1) District at 603 West University Avenue, Unit 104. The Commission held a public hearing, at which there were no speakers. Draft minutes from the meeting have been attached to this report as Exhibit 5. Staff Recommended Motion: Approval of the Special Use Permit for 603 West University Avenue, Unit 104, to allow a “Personal Services, Restricted” specific use – a check cashing facility doing business as Check ‘n Go - in the Local Commercial (C-1) District, per Table 5.04.010 of the UDC. FINANCIAL IMPACT: None. SUBMITTED BY: Mike Elabarger, Planner III and Elizabeth Cook, Community Development Director ATTACHMENTS: Staff Report Exhibit 1 - Location Map Exhibit 2 - Future Land Use Map Exhibit 3 - Zoning Map Exhibit 4 - Aerial Map Exhibit 5 - P and Z Minutes Exhibit 6 - SUP-2012-002_Permit Cover Memo Item # K Georgetown Planning and Development Department Staff Report Check-N-Go – SUP 2012-002 Page 1 of 4 Report Date: February 29, 2012 File #: SUP-2012-002 Project Planner: Mike Elabarger Item Details Project Name: Check ‘n Go Project Address: 603 West University Avenue, Unit 104 Location: 603 West University Avenue, Unit 104 Total Acreage: A 2065 Square Foot tenant space Legal Description: Fleager Addition, Block 1, Lot 7-19, 2.57 acres Applicant: Axcess Financial (dba Check-N-Go) Property Owner: Stapel LP Contact: Gerald Franks, SL Commercial Services Existing Use: Commercial Existing Zoning: C-1, Local Commercial Overview of Applicant’s Request The applicant has requested a Special Use Permit to allow a check cashing facility, considered a “Personal Services, Restricted” use, in the C-1, Local Commercial District. This use is defined in Section 16.02 as “an establishment providing personal services that are generally less desirable adjacent to residential areas including, but not limited to, tattoo parlors, body piercing studios, check cashing facilities, bail bond agents, pawnshops, and palm and card readers.” Per Table 5.04.010 of the UDC, a “Personal Services, Restricted” use is allowed in the C-1 zoning district, subject to approval of a Special Use Permit by the City Council. Section 3.07 of the UDC details the process of applying for and receiving a Special Use Permit. Because this use is proposed in a lease space in an existing shopping center, there is no conceptual site plan layout, which is called for and described in Sections 3.07.030(A.) and (B.). See Exhibits 1 and 4 for location within the shopping center and aerial view of the vicinity. Attachment number 1 \nPage 1 of 4 Item # K Planning & Development Staff Report Check ‘n Go – SUP 2012-002 Page 2 of 4 Location The applicant seeks to inhabit a lease space (Unit 104) in the shopping center that was most recently used as the fitness center “Curves”; it is located between the El Patron restaurant and Family Dollar store. The shopping center fronts on University Avenue (State Highway 29), and is bordered by 11th Street to the north, Railroad Avenue to the west, and another commercial structure to the east (which borders Martin Luther King [MLK], Jr. Street). The subject property is zoned Local Commercial (C-1); all properties fronting University Avenue, on the north and south sides between Scenic Drive and MLK St., are commercially zoned. The north side of 11th Street, to the north of University Commons, is the nearest residentially zoned area (Residential Single Family, RS), and there are several dozen residences to the northwest, north, and northeast of this shopping center. See Exhibit 3 for the zoning districts in this vicinity, and Exhibit 4 for the aerial view. Utilities Water, wastewater, and electric are currently served by the City of Georgetown. Future Application(s) Should this Special Use Permit be approved, the applicant may need to apply for and receive any necessary Building Permits for renovations to the tenant space. Prior to opening, a Certificate of Occupancy application will need to be submitted and approved. Staff Analysis As noted in the definition of “Personal Services, Restricted”, a check cashing facility use was deemed to be ‘generally less desirable adjacent to residential areas’. As noted above, there are several dozen residences to the north within several hundred feet of the shopping center. This application is being brought forward for a proposed location of the “Check ‘n Go” brand (www.checkngo.com) of cash checking facilities, which boasts 228 store locations in Texas (and locations in 31 states). Services include check cashing, payday loans, title loans, and other financial lending options. The basic service of check cashing allows an individual to cash a check in exchange for a commission or fee, either with or without registering with the check cashing facility. This primarily serves people who do not have bank accounts with traditional financial institutions for a variety of reasons. According to the applicant representative, the lease space will be finished out with an entry reception area, several work stations where transactions will occur, a consulation/customer Attachment number 1 \nPage 2 of 4 Item # K Planning & Development Staff Report Check ‘n Go – SUP 2012-002 Page 3 of 4 service area, and staff-only areas in the rear of the space. The space is described by the applicant as being akin to a traditional banking, financial counseling, or tax preparation type of business. A security system, including cameras, is typical at th ese locations. Proposed hours of operation are Monday-Friday, 10:00 a.m. to 6:30 p.m., and Saturdays 10:00 a.m. to 3:00 p.m. One consideration closely looked at by staff with this type of particular use was the timing and volume of customers, given the nature of the business. As with traditional banks, the heaviest period of use comes when customers come to deposit or cash their paychecks, which mostly occurs at the the end of the day, and usually the end of the week (Thursdays and particularly Fridays). Most modern banks are stand alone developments and have multiple drive-through lanes in addition to the walk-in teller windows to service the customers. Locating this cash checking facility in a built shopping center, where there are no drive-through options, means all customer traffic will be walk-in, and thus, each customer will need to park their vehicle while conducting business. The shopping center has over 150 parking spaces for the approximately seven tenants, and provides more than the required spaces based on the square footage of the proposed use (1 per 300 SF minimum, or 7 spaces). Staff Recommendation and Basis: 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. 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. 4. The proposed use does not negatively impact existing uses in the area and in the Attachment number 1 \nPage 3 of 4 Item # K Planning & Development Staff Report Check ‘n Go – SUP 2012-002 Page 4 of 4 City through the creation of noise, glare, fumes, dust, smoke, vibration, fire hazard, or other injurious or noxious impact. Inter Departmental, Governmental and Agency Comments Not applicable. Public Comments A total of 29 notices were sent out to the owners of property within 200 feet of the subject property. Public notice was posted in the Sun newspaper on February 19, 2011. As of the day of this report, Staff had received one phone call inquiry from a neighbor, asking for details of the application; they were satisfied with the explanation of the specific use, as is outlined in this staff report. Attachments Exhibit 1 – Location Map Exhibit 2 – Future Land Use Map Exhibit 3 – Zoning Map Exhibit 4 – Aerial Map Meetings Schedule March 6, 2012 – Planning and Zoning Commission March 27, 2012 – City Council Attachment number 1 \nPage 4 of 4 Item # K S C E NIC DR W 1 0TH ST W U N IV E R S IT Y AV E W 11 T H S T W 9 TH ST W 1 0TH ST M A R T I N L U T H E R K I N G J R S T W E S T S T RAILROAD AVE W E ST ST H A R T S T RAILROAD AVE T I M B E R S T W 11 T H S T 0 210 420Feet Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJExhibit #1SUP-2012-002 SUP-2012-002 Attachment number 2 \nPage 1 of 1 Item # K W 1 0 T H ST W U N IV E R S I T Y AV E M A R T I N L U T H E R K I N G J R S T W E ST ST RAILROAD AVE W E S T S T W 11T H S T H A R T S T W E S T ST W 1 3 T H S T T I M B E R S T 0 200 400Feet Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJ Legend Thoroughfare EC EF EMA EMIA ERF PC PF PFR PMA PMIA PR Future Land Use Institutional Regional Com mercial Community Com mercial Ag / Rural Residential Employment Center HIgh Density Residential Low Density Residential Mining Mixed Use Com munity Mixed Use Neighborhood Center Moderate Density Residential Open Space Specialty Mixed Use Area Future Land Use / Overall Transportation Plan Exhibit #2SUP-2012-002 SUP-2012-002 Attachment number 3 \nPage 1 of 1 Item # K C-1 LocalCommercial C-1 LocalCommercial C-1 LocalCommercial C-1 Local Commercial C-3 General Commercial C-3 General Commercial C-3 GeneralCommercial C-3 GeneralCommercial C-3 GeneralCommercial MF Multifamily MF Multifamily OF Office OF Office OF Office RS Residential Single-Family RS Residential Single-Family RS ResidentialSingle-Family R S R e s i d e n t i a l S i n g l e -F a m i l y RS ResidentialSingle-Family RS Residential Single-Family RS ResidentialSingle-Family W 1 0 T H ST W U N IV E R S IT Y AV E RAILROAD AVE W E S T ST H A RT S T T I M B E R S T W 11 TH S T MA R TIN LU T H E R KING JR ST 0 160 320Feet Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ SUP-2012-002 LegendSiteParcelsCity LimitsGeorgetown ETJ Zoning Information Exhibit #3 SUP-2012-002 Attachment number 4 \nPage 1 of 1 Item # K W 1 0 T H ST RAILROAD AVE W E S T S T H A RT S T W U N I V E R S I T YAVE W U N IV E R S IT Y AV E W 11 T H S T W 1 0TH ST M A R T I N L U T H E R K I N G J R S TW E ST ST M A R T I N L U T H E R K I N G J R S T W E S T ST W 1 3 T H S T RAILROAD AVE W 11 T H ST MA R TIN LU TH E R KING JR ST T I M B E R S T 0 200 400Feet Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJExhibit #4SUP-2012-002 SUP-2012-002 Attachment number 5 \nPage 1 of 1 Item # K Planning & Zoning Commission Agenda / February 7, 2012 Page 1 of 5 City of Georgetown, Texas Planning and Zoning Commission Meeting Minutes Tuesday, March 06, 2012 at 6:00 PM Council Chambers 101 E. Seventh Street, Georgetown, Texas 78626 Commissioners: Ercel Brashear, Chair; Porter Cochran, Annette Montgomery, John Horne and Roland Peña. Commissioners in Training: Scott Rankin Commissioner(s) Absent: Sally Pell and Robert Massad Commissioner(s) in Training Absent: Staff Present: Elizabeth Cook, Community Development Director, Carla Benton, Planner; Mike Elabarger, Planner; Valerie Kreger, Planner; David Munk, City Engineer and Stephanie McNickle, Recording Secretary. Regular Session - To begin no earlier than 6:00 p.m. Chair Brashear called the meeting to order at 6:00 p.m. and led the Pledge of Allegiance. Chair Brashear stated the order of the meeting and that those who speak must turn in a speaker form to the recording secretary before the item that they wish to address begins. Each speaker will be permitted to address the Commission once for each item, for a maximum of three (3) minutes, unless otherwise agreed to before the meeting begins. (In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the Commission may, at any time, recess the Regular Session to convene an Executive Session at the request of the Chair, a Commissioner, the Director or legal counsel. Any items discussed in Executive Session may be subject to action in the regular session.) 1. Action from Executive Session. There was not an executive session. 2. Election of Vice-chair and Secretary for the 2012-2013 Planning and Zoning Commission. Motion by Commissioner Horne to nominate Porter Cochran to serve as Vice-chair for 2012- 2013 Planning and Zoning Commission. Second by Commissioner Montgomery. Approved (5-0) Motion by Commissioner Cochran to nominate Annette Montgomery to serve as Secretary for 2012-2013 Planning and Zoning Commission. Second by Commissioner Pena. Approved (5-0) 3. Consideration of the Minutes of the February 7, 2012, meeting of the Planning and Zoning Commission as amended. Motion by Commissioner Facey to approve the consent agenda including the Minutes as amended of the February 7, 2012 meeting of the Planning and Zoning Commission. Second by Commissioner Armour. Approved (5-0) Attachment number 6 \nPage 1 of 2 Item # K Planning & Zoning Commission Agenda / February 7, 2012 Page 2 of 5 5. Public Hearing and possible action on a Special Use Permit to allow a “Personal Services, Restricted” use in the Local Commercial (C-1) District, located at 603 W. University Avenue, Suite 104, known as University Commons. SUP-2012-002 (Mike Elabarger) Staff report by Mike Elabarger. Per Table 5.04.010 of the UDC, a check cashing facility is considered a “Personal Services, Restricted” specific use and is permitted in the Local Commercial (C-1) zoning district subject to approval of a Special Use Permit. The “Personal Services, Restricted” use is defined as: an establishment providing personal services that are generally less desirable adjacent to residential areas including, but not limited to, tattoo parlors, body piercing studios, check cashing facilities, bail bond agents, pawnshops, and palm and card readers.” The applicant seeks to establish the use in Unit 104 of the existing University Commons shopping center; the unit was formerly inhabited by a Curves indoor fitness center. The 2065 square foot lease space will be renovated to provide a customer service area, several work stations/terminals, and an open reception area. The shopping center that was most recently used as the fitness center “Curves”; it is located between the El Patron restaurant and Family Dollar store. One consideration closely looked at by staff with this type of particular use was the timing and volume of customers, given the nature of the business. As with traditional banks, the heaviest period of use comes when customers come to deposit or cash their paychecks, which mostly occurs at the the end of the day, and usually the end of the week. The shopping center has over 150 parking spaces for the approximately seven tenants, and provides more than the required spaces based on the square footage of the proposed use. Chair Brashear Invited the applicant to address the Commission. Wendy Elkins, representing the applicant gave a presentation. She said she will be glad to answer questions. Chair Brashear Opened the Public Hearing, no one came forward, and the Public Meeting was closed. Motion by Commissioner Montgomery Recommend to the City Council approval of the Special Use Permit for 603 West University Avenue, Unit 104, to allow a Personal Services, Restricted use – a cash checking facility - per Table 5.04.010. Second by Commissioner Horne. Approved. (5-0) 16. Adjourn. 9:20 Attachment number 6 \nPage 2 of 2 Item # K SPECIAL USE PERMIT (SUP-2012-002) LOCATION: 603 West University Avenue, Unit 104 PROPERTY OWNER: Stapel LP LEGAL DESCRIPTION: Fleager Addition, Block 1, Lot 7-19, 2.57 acres REQUEST: Special Use Permit to allow a check cashing facility, considered a “Personal Services, Restricted” use, in the C-1, Local Commercial District. Planning Commission Recommendation Date: March 6, 2012 X Approved. _____ Denied. _____ Other. City Council Action Date: March 27, 2012 X Approved, based on the following findings and subject to the conditions (if applicable) below. _____ Denied. _____ Other. Effective Date: March 27, 2012 Expiration Date1: March 27, 2013 1 The Permit will expire unless a Building Permit or Certificate of Occupancy has been issued by the identified date. See UDC Section 3.07.050. Attachment number 7 \nPage 1 of 4 Item # K SPECIAL USE PERMIT FINDINGS: Section 3.07.030 (Special Use Permit Approval Criteria): C. In addition to the criteria for zoning changes in Unified Development Code (UDC) Section 3.06.030, 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 check-cashing facility is not detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants. 2. The proposed check-cashing facility in the completely developed University Commons shopping center is harmonious with the character of the surrounding area. 3. The proposed check-cashing facility does not negatively impact the 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. 4. The proposed check-cashing facility 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. CITY OF GEORGETOWN: By: George G. Garver, Mayor APPLICANTS: By: Printed Name: ATTEST: Jessica Brettle, City Secretary By: Printed Name: Attachment number 7 \nPage 2 of 4 Item # K STATE OF TEXAS § § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on ______________, 2012, by _____________________________________________, an individual known to me. [S E A L] Notary Public, State of Texas STATE OF TEXAS § § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on ______________, 2012, by _____________________________________________, an individual known to me. [S E A L] Notary Public, State of Texas Attachment number 7 \nPage 3 of 4 Item # K STATE OF TEXAS § § CORPORATE ACKNOWLEDGEMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this ____ day of _____________, 2012 by George G. Garver, a person known to me, in his capacity as Mayor of the City of Georgetown, Texas, a Texas home-rule municipal corporation, on behalf of said municipality. [S E A L] Notary Public, State of Texas After Recording Return To: City of Georgetown Planning Department Attn: Mike Elabarger 300-1 Industrial Blvd. Georgetown, Texas 78627 Attachment number 7 \nPage 4 of 4 Item # K City of Georgetown, Texas March 27, 2012 SUBJECT: Public Hearingand First Reading of an Ordinance on a Comprehensive Plan Amendment to change the future land use designation from Low Density Residential (LDR) to Mixed Use Community (MUC) for 121.64 acres in the Issac Jones Survey, to be known as Gatlin Creek, located at 4900 Williams Drive -- Valerie Kreger, AICP, Principal Planner and Elizabeth A. Cook, Community Development Director (action required) ITEM SUMMARY: Background: The applicant has requested to change the future land use designation on the property located at 4900 Williams Drive from Low Density Residential to Mixed Use Community, with the intention of developing a mix of uses including commercial, office, and residential. This application was initially received during the annual 2030 Plan amendment cycle in 2011, which stalled in order for the applicant to prepare a PUD zoning to support the requested land use change. It is companion to a rezoning request for a Planned Unit Development District. Please refer to the attached staff report for more information. Public Comment: Staff has received a total of two written comments from surrounding and area property owners in opposition of this project, although comments have specifically been directed at the accompanying rezoning. At the Planning and Zoning Commission meeting on March 6th, there were 6 speakers who all spoke in opposition of the project, although again comments were specifically directed at the rezoning request. The speakers primarily cited concerns regarding drainage and the potential for multifamily or another more dense development adjacent to their properties. Planning & Zoning Commission Recommendation: At their regularly scheduled meeting on March 6, 2012, the Planning and Zoning Commission voted unanimously, 5-0, to recommend approval of the request, subject to approval of the accompanying rezoning. Special Consideration: This request for a comprehensive plan amendment will not require the typical super majority vote from City Council for approval since the application was made during an annual 2030 Plan amendment cycle. Recommended Motion: Approval of the first reading of an Ordinance changing the Future Land Use designation from Low Density Residential (LDR) to Mixed Use Community (MUC) for 121.64 acres in the Issac Jones Survey, to be known as Gatlin Creek, located at 4900 Williams Dr., subject to the approval of the accompanying rezoning for the Planned Unit Development district. FINANCIAL IMPACT: No financial impact was studied. SUBMITTED BY: Valerie Kreger, AICP, Principal Planner and Elizabeth Cook, Community Development Director ATTACHMENTS: Staff Report Exhibit 1 - Location Map Cover Memo Item # L Exhibit 2 - Future Land Use Map Exhibit 3 - Zoning Map Exhibit 4 - Aerial Map Exhibit 6 - Draft March 6th P&Z Minutes Ordinance Exhibit 5 - Written Public Comments Cover Memo Item # L Georgetown Planning and Development Department Staff Report Gatlin Creek Comprehensive Plan Amendment Page 1 of 6 Report Date: March 1, 2012 File No: CPA-2011-001 Project Planner: Valerie Kreger, AICP, Principal Planner Item Details Project Name: Gatlin Creek Location: 4900 Williams Dr. (See Exhibit 1) Total Acreage: 124.5 acres (121.64 acres per most recent applicant survey) Legal Description: 124.5 acres in the Jones Survey Applicants: David Wolf Property Owner: David Wolf Contact: Philip Wanke, BWM Group Existing Use: Undeveloped Existing Zoning: Agricultural (AG) Proposed Zoning: Planned Unit Development (PUD) with C-1 base district Existing Future Land Use: Low Density Residential Proposed Future Land Use: Mixed Use Community Growth Tier: Tier 1A & Tier 2 Overview of Applicant’s Request The applicant has requested to change the future land use designation on the property located at 4900 Williams Drive from Low Density Residential to Mixed Use Community, with the intention of developing a mix of uses including commercial, office, and residential. This application was initially received during the annual 2030 Plan amendment cycle in 2011, which stalled in order for the applicant to prepare a PUD zoning to support the requested land use change. It is companion to a rezoning request for a Planned Unit Development District. The applicant initially intended to pursue standard zoning for the site in order to sell a portion of the frontage for development of an assisted living facility and to lay out commercial lots along the remaining frontage. Because the Future Land Use Map shows this area as Low Density Residential, approval of a Comprehensive Plan Amendment was needed to proceed forward with any of the zoning districts that would allow this type of development. Staff could not find justification for support of a future land use change to a Attachment number 1 \nPage 1 of 6 Item # L Georgetown Planning and Development Department Staff Report Gatlin Creek Comprehensive Plan Amendment Page 2 of 6 commercial designation; the property is not at a major or minor node as is typically necessary for the commercial designations. However, after further discussions with the property owner, it was determined staff could support a change to a mixed-use designation, provided a Planned Unit Development was developed for the property ensuring a mixture of uses and requiring some type of internal roadway circulation to alleviate the numerous driveway conflicts that would have been allowed with standard zoning. Site Information Location: The approximately 122-acre property is located on the east side of Williams Drive, just south of the Sun City entrance at Del Webb Boulevard and north of Sedro Trail. Physical Characteristics: The property is currently undeveloped with approximately 2,536 feet of frontage along Williams Drive. The site’s elevation drops significantly towards the rear portion of the property where it backs up to the US Army Corp of Engineer property surrounding Lake Georgetown. The rear of the property is encumbered with a significant amount of 100-year floodplain as well as an inundation easement for the lake. The property has significant tree coverage, including over 200 Heritage Trees. Surrounding Properties: The properties immediately adjacent to this site include the Casa Loma, Fountainwood Estates, and Olde Oak residential subdivisions. Also, the property backs up to the US Army Corp of Engineers property that surrounds Lake Georgetown and the Gunn property. Across Williams Drive are several undeveloped lots in the Chaparo Estates subdivision as well as property developing as the Legacy at Georgetown and Colonial Real Estate. The surrounding zoning, existing uses and future land uses include: Location Zoning Future Land Use Existing Use North ETJ (no zoning) Low Density Residential Casa Loma Subdivision, Fountainwood Estates South AG & ETJ (no zoning) Low Density Residential & Open Space Old Oak Subdivision East AG & C-3 Low & Moderate Density Residential undeveloped, developing (Legacy at Georgetown and Colonial Realty) West AG & ETJ (no zoning) Low Density Residential & Open Space Fountainwood Estates, US Army Corp of Engineer Property Attachment number 1 \nPage 2 of 6 Item # L Georgetown Planning and Development Department Staff Report Gatlin Creek Comprehensive Plan Amendment Page 3 of 6 Property History The property was brought into the City’s limits via a series of annexations. The first of these was in 1995 when the first approximately 42 acres along Williams Drive was included in a larger City initiated annexation along FM 2338 (Ordinance 95-12). In April of 2010, an additional 18.61 acres was brought into the City via a voluntary request for annexation by the property owner – at the time for a potential development prospect (Ordinance 2010-11). The last of the property, the remaining 60.24 acres, was voluntarily annexed into the City in February of 2011 in anticipation of the applications currently under consideration (Ordinance 2011-05). The properties were assigned the default zoning of Agriculture (AG) upon annexation. Utilities Water: The property is currently in the Chisholm Trail Special Utility District’s water service area. The City of Georgetown is currently evaluating the possibility of managing the Chisholm Trail service area in the future. Under either scenario, the developer will be required to provide water pressure levels meeting the minimum City of Georgetown standards for fire flow and domestic water service. Wastewater: The City of Georgetown provides wastewater service within this area. However, the developer has been made aware of their responsibility for any extensions or upgrades necessary to serve this property. Electric: This property lies within the Pedernales Electric Cooperative’s electric service area. Transportation The site has extensive frontage along Williams Drive, approximately 2,536 feet. The associated PUD for this prioperty proposes a loop road off of Williams Drive that will extend to the core of the property and provide access to the rear development, so additional access along Williams Drive will be limited. A Traffic Impact Analysis (TIA) for this proposed development was a requirement of the PUD zoning. The loop road and driveway access onto Williams Drive were reviewed with the TIA. Attachment number 1 \nPage 3 of 6 Item # L Georgetown Planning and Development Department Staff Report Gatlin Creek Comprehensive Plan Amendment Page 4 of 6 2030 Comprehensive Plan Currently, the subject property is designated as Low Density Residential on the City’s future land use map (see Exhibit 2). The applicant seeks to change the future land use to Mixed Use Community. The Mixed Use Community land use designation is intended for large tracts of undeveloped land, which are appropriate for larger scale, creatively planned communities, where a mix of residential type and densities are complemented by supporting retail, small to medium scale office development, and integrated open spaces, where appropriate. Development in this category is best served by a Planned Unit Development or via the Mixed Use zoning standards. The existing Low Density Residential category primarily supports residential at 1.1 to 3 dwelling units per acre density, although, this category may also support complementary non-residential uses along arterial roadways such as neighborhood serving retail, office, institutional, and civic uses, even if not depicted on the Future Land Use Map. The 2030 Plan includes a Growth Tier categorization that identifies where growth is desired to occur over the next two decades or more, heavily focused on the delivery of municipal services. This particular property straddles two Growth Tier categories, Tier 1A and Tier 2. Tier 1A 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. Tier 2 is primarily for areas of the ETJ where growth and the provision of public facilities are anticipated beyond the next 10 years. Zoning Districts As noted, the applicant is also seeking approval of a rezoning to a PUD district with a base district of C-1 (see the Staff Report for REZ-2011-004); staff is supportive of that rezoning, as those districts implement the proposed future land use designation in this report. The PUD, Planned Unit Development District, is intended to allow flexibility in planning and designing for unique or environmentally sensitive properties, which are to be developed in accordance with a common development scheme or planned associations of uses. PUD zoning is designed to accommodate various types of development, including a combination or mix of uses. The proposed C-1 base district is intended to provide areas for commercial and retail activities that primarily serve residential areas. Uses should have pedestrian access to adjacent and nearby residential areas, but are not appropriate along residential streets or residential collectors. The District is more appropriate along major and minor thoroughfares and corridors. Typical uses would include townhouse/multifamily dwellings and group living situations, institutional uses, restaurants, hotels, and retail sales. In order of intensity, the C-1 District is the middle of Attachment number 1 \nPage 4 of 6 Item # L Georgetown Planning and Development Department Staff Report Gatlin Creek Comprehensive Plan Amendment Page 5 of 6 the three Commercial districts (CN, Neighborhood Commercial and C-3, General Commercial). Future Application(s) There is a companion application for a PUD rezoning running concurrently with this appilcation. Following these applications, it will be necessary to obtain approval of preliminary and final plats, construction plans and site plans, for each portion of the development, in addition to any necessary building permits in order to proceed further with development within this PUD. Staff Analysis Staff is in support of the request to change the Future Land Use for this property from Low Density Residential to Mixed Use Community, subject to approval of the associated PUD rezoning application under review for this property. While the location is not appropriate for a commercial “node” designation, achieving a mix of uses and providing for more internal circulation for the site through PUD standards creates more of an activity center that provides for opportunities for more localized trips within the development. While not at a major or minor intersection, the property’s location along a major arterial such as Williams Drive provides for support from the 2030 Plan for mixed use developments. Special Considerations The companion rezoning of this property is subject to approval of a TIA, which is still awaiting final submittal. Staff is proposing a condition on the approval of the rezoning, requiring receipt of the final TIA document prior to the first reading of the ordinance at City Council. Staff’s support of this application is contingent on the PUD rezoning, and as such, staff would recommend the Commission condition its recommendation on this application to be subject to the rezoning proceeding to first reading simultaneously. Please note, because this application was received during an annual review cycle, the super majority vote that is applicable to out-of-cycle requests is not required with this item. Inter Departmental, Governmental and Agency Comments None Public Comments A total of 37 notices were sent out to property owners within 200 feet of the proposed rezoning. Public notice was posted in the Sun newspaper on February 19th. There have Attachment number 1 \nPage 5 of 6 Item # L Georgetown Planning and Development Department Staff Report Gatlin Creek Comprehensive Plan Amendment Page 6 of 6 been two public comments received at the time of this report – both in opposition (see Exhibit 5). Attachments Exhibit 1 – Location Map Exhibit 2 – Future Land Use Map Exhibit 3 – Zoning Map Exhibit 4 – Aerial Map Exhibit 5 – Public Comments Meetings Schedule March 6, 2012 – Planning and Zoning Commission March 27, 2012 – City Council First Reading (pending) April 10, 2012 – City Council Second Reading (pending) Attachment number 1 \nPage 6 of 6 Item # L C I T Y O F G E O R G E T O W N CITY OF GEORGETOWN CITY OF GEORGETO W N C I T Y O F G E O R G E T O W N CITY OF GEORGETOWN CITY OF GEORGETO W N Georgetown ETJ G e o r g e t o w n E T J Georgetown ETJ RE D P O P P Y TRL D EL WEBB BLVD TRAIL OF THE FLOWERS WILLIAMS DR Y E L L O W R O S E T R L DEL WEBB B L V D VINCA DR A C A CIA W A Y SEDRO TRL DEWBERRY DR DAISY P A T H J IM HOGG P A R K R D O L D E O A K DR LI A T R I S L N LANTANA DR DAN D E L I O N DR L A KEVIEW L N H ESTER H O L L OW WHITEWING W A Y B L A ZIN G S T A R DR P L O V E R P A S S S C H O OL DV O L DE O A K D ROLDE O A K D R C A S A L O M A C I R A L L E N C I R A LLEN C I R J I M H O G G P ARK RD JIM HOGG PARK RD 0 1,200 2,400Feet Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic D ata For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJExhibit #1REZ-2011-004/ CPA-2011-001 CPA-2011-001 Attachment number 2 \nPage 1 of 1 Item # L 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 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 C I T Y O F G E O R G E T O W N WILLIAMS DR RM 2338 0 2,400 4,800Feet Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic D ata For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJ Legend Thoroughfare EC EF EMA EMIA ERF PC PF PFR PMA PMIA PR Future Land Use Institutional Regional Commercial Community Commercial Ag / Rural Residential 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 Future Land Use / Overall Transportation Plan Exhibit #2REZ-2011-004 CPA-2011-001 Attachment number 3 \nPage 1 of 1 Item # L 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 OF GEORGETOWN CITY OF GEORGETO W N Georgetown ETJ Georgetown ETJ DAISY PATH WOODLAKE DR SEDR O TRL BLUESTEM DR VINCA DR A C A C I A W A Y R E D P O P PY TRL SU N DAY SC H O OL D R T H IS T L E T R L DEWBERRY DR WILLIAMS DR WOODSTOCK DR LI A T R I S L N P E N N Y L N B L A ZIN G S T A R D R D A N D E LI O N D R SCHOOL DV HESTERHOLLOW LAKEVIEW LN LANTANA DRDEL W EBB BLV D O L D E O A K D R C A S A L O M A C I R A L L E N C I R JIM HOGG PARK RD 0 1,200 2,400Feet Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic D ata For General Planning Purposes Only ¯ CPA-2011-001 LegendSiteParcelsCity LimitsGeorgetown ETJ Zoning Information Exhibit #3 CPA-2011-001 Attachment number 4 \nPage 1 of 1 Item # L CITY OF GEORGETOWN CITY OF GEORGETO W N C I T Y O F G E O R G E T O W N CITY OF GEORGETOWN CITY OF GEORGETO W N Georgetown ETJ G e o r g e t o w n E T J Georgetown ETJ WILLIAMS DR PENNY LN COLUMBINE CT BLUESTEM DR VINCA DR A C A C IA W A Y SEDRO TRL R E D P O P P Y T R L R E D P O P P Y T R L T H IS T L E T R L DEWBERRY DR HESTERHOLLOW JIM H O G G P A R K R D LI A T R I S L N LANTANA DRBLAZING S T A R D R SCHOOL DV D A N D E LIO N D R LAKEVIE W LN D E L W E B B B L V D DEL W EBB BLVD O L D E O A K D R ALLE N CIR C A S A L O M A C I R JIM HOGG PARK RD 0 1,000 2,000Feet Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic D ata For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJExhibit #4CPA-2011-001 CPA-2011-001 Attachment number 5 \nPage 1 of 1 Item # L At t a c h m e n t n u m b e r 6 \ n P a g e 1 o f 5 It e m # L At t a c h m e n t n u m b e r 6 \ n P a g e 2 o f 5 It e m # L At t a c h m e n t n u m b e r 6 \ n P a g e 3 o f 5 It e m # L At t a c h m e n t n u m b e r 6 \ n P a g e 4 o f 5 It e m # L At t a c h m e n t n u m b e r 6 \ n P a g e 5 o f 5 It e m # L Planning & Zoning Commission Agenda / February 7, 2012 Page 1 of 5 City of Georgetown, Texas Planning and Zoning Commission Meeting Minutes Tuesday, March 06, 2012 at 6:00 PM Council Chambers 101 E. Seventh Street, Georgetown, Texas 78626 Commissioners: Ercel Brashear, Chair; Porter Cochran, Annette Montgomery, John Horne and Roland Peña. Commissioners in Training: Scott Rankin Commissioner(s) Absent: Sally Pell and Robert Massad Commissioner(s) in Training Absent: Staff Present: Elizabeth Cook, Community Development Director, Carla Benton, Planner; Mike Elabarger, Planner; Valerie Kreger, Planner; David Munk, City Engineer and Stephanie McNickle, Recording Secretary. Regular Session - To begin no earlier than 6:00 p.m. Chair Brashear called the meeting to order at 6:00 p.m. 6. Public Hearing and possible action on a Comprehensive Plan Amendment to change the future land use designation from Low Density Residential to Mixed Use Community for 121.64 acres out of the Jones Survey, to be known as Gatlin Creek, located at 4900 Williams Drive. CPA-2011-001 (Valerie Kreger) 7. Public Hearing and possible action on a Rezoning from the Agriculture (AG) District to Planned Unit Development (PUD) District with a base district of Local Commercial (C-1) for 121.64 acres out of the Jones Survey, to be known as Gatlin Creek, located at 4900 Williams Drive. REZ-2011-004 (Valerie Kreger) The Comprehensive Plan Amendment and Rezone staff report was presented as combined. Staff report by Valerie Kreger. The applicant has requested to change the future land use designation from Low Density Residential to Mixed Use Community. The applicant intends to develop a mix of uses including commercial, office, and residential. This application was initially received during the annual 2030 Plan amendment cycle in 2011, but was stalled in order for the applicant to prepare a Planned Unit Development (PUD) zoning district to support the requested land use change. The proposed PUD documents are now complete and included in an accompanying application which seeks to establish a PUD utilizing a C-1 base district. Because this application was received during an annual review cycle, the super majority vote that is applicable to out-of-cycle requests is not required with this item. The rezoning of this property is subject to approval of a TIA, which is still awaiting final submittal and approval. The rezoning request, if acted on by the Planning & Zoning Commission, will not move forward for City Council consideration until the TIA has received final approval. Staff’s support of this application is contingent on the PUD rezoning, and as Attachment number 7 \nPage 1 of 3 Item # L Planning & Zoning Commission Agenda / February 7, 2012 Page 2 of 5 such, staff would recommend the Commission make approval of this item contingent on approval of the rezoning and require this item move forward to City Council on the same schedule as the PUD application. The applicant has requested a rezoning from Agriculture (AG) to Planned Unit Development (PUD) with a base district of Local Commercial (C-1). The applicant intends to develop a mix of uses including commercial, office, and residential. The TIA for the project has been reviewed, but still awaits the final submittal for approval. The rezoning request, if acted on by the Planning & Zoning Commission, will not move forward for City Council consideration until the TIA has received final approval. Chair Brashear invited the applicant to address the Commissioners. Phillip Wanke representing the applicant stated the idea is to consolidate the commercial to the center of the track and propose a larger building in the center, possibly a grocery store. Chair Brashear Opened the Public Hearing. Michael Conner, 117 Casa Loma Circle state he is against the rezoning and does not want total commercial. He is also concerned with the impact this development will have on Lake Georgetown. Dennis McNutt, 311 Allen Circle stated he believes in property owner rights, but feels the development is so large; it will obstruct the water drainage to Lake Georgetown. John Cowman, Leander stated he is a land rights advocate, but need to work on land transition and compatibility standards need to be addressed. Mr. Cowman believes in the process, but feels this plan is not ready to be moving forward. He is not for this plan and feels there needs to be a good neighbor policy in place. Rene Broom, 309 Allen Circle strongly objects with the rezoning. She stated this development is up to 70% impervious coverage and will affect Lake Georgetown. This development is also in the 100 year flood plain and should only allow low density development. David Wolf, applicant feels there is misinformation. Engineering study for the water drainage has not been completed. Steve O’Conner, 313 Allen Circle stated he is concerned with the drainage and the flooding and afraid flooding with effect his home. Chair Brashear Closed the Public Hearing. Phillip Wanke, representing the applicant stated they are addressing the stormwater concerns and the development is regulated by TCEQ to make sure there is no water run off. FEMA will also have to approve the water drainage. Project Website has wrong information regarding the drainage. Water quality features will include a wet pond. Mr. Wanke feels the water drainage will not impede the neighbors. David Munk, Development Engineer for the City of Georgetown, stated the City requires a Professional Engineer to design the water drainage for this development. Flood plan control has to be through the Corp of Engineer. Mr. Munk stated the City does a lot of water quality, but TCEQ and Corp has to be happy with the development before it can move forward. Attachment number 7 \nPage 2 of 3 Item # L Planning & Zoning Commission Agenda / February 7, 2012 Page 3 of 5 Motion by Commissioner Cochran to recommend to the City Council approval of the Comprehensive Plan Amendment for 121.64 acres in the Issac Jones Survey, to change the future land use designation from Low Density Residential to Mixed Use Community, contingent on the simultaneous consideration of the associated PUD rezoning application. Second by Commissioner Horne. Approved. (5-0) Motion by Commissioner Montgmoery to recommend to the City Council approval of a request to rezone 121.64 acres in the Issac Jones Survey from the Agriculture (AG) District to Planned Unit Development (PUD) District with a base district of Local Commercial (C-1) District, contingent on the resubmittal and final approval of the TIA prior to City Council consideration. Second by Commissioenr Horne. Approved. (5-0) Meeting Adjourned. 9:20 Attachment number 7 \nPage 3 of 3 Item # L Ordinance Number: Page 1 of 2 Description: Gatlin Creek Comprehensive Plan Amendment Date Approved: April 10, 2012 ORDINANCE NO. ____________ An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Future Land Use Plan, adopted on the 20th Day of February 2008, from Low Density Residential (LDR) to Mixed Use Community (MUC) for 121.64 acres of the Issac Jones Survey; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, an application has been made to the City Council for the purpose of changing the Future Land Use Plan designation on the following described real property ("The Property"): 121.64 acres of the Issac Jones Survey, as recorded in Document Numbers 9612381 and 2009090679 of the Official Public Records of Williamson County, Texas, hereinafter referred to as "The Property"; Whereas, the City Council has submitted the proposed change to the Comprehensive Plan to the Planning and Zoning Commission for its consideration at a public hearing and for its recommendation or report; and Whereas, notice of such hearing was published in a newspaper of general circulation in the City; which stated the time and place of hearing, which time was not earlier than fifteen (15) days for the first day of such publication; and Whereas, written notice was given not less than fifteen (15) days before the date set for the meeting before the Planning and Zoning Commission to all the owners of the lots within two hundred feet of the property, as required by law; and Whereas, the applicant for such Comprehensive Plan Amendment placed on the property such sign(s) as required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen (15) days before the date set for such hearing; and Whereas, the City Planning and Zoning Commission in a meeting held on March 6, 2012, recommended approval of the Future Land Use Plan Amendment. Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas, that: Section 1. The facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance implements the overall vision, goals and policies of the Georgetown 2030 Comprehensive Plan and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other policies of the Georgetown 2030 Comprehensive Plan. Attachment number 8 \nPage 1 of 2 Item # L Ordinance Number: Page 2 of 2 Description: Gatlin Creek Comprehensive Plan Amendment Date Approved: April 10, 2012 Section 2. The Future Land Use Plan of the 2030 Comprehensive Plan, as well as the land use for the Property shall be and the same is hereby changed from Low Density Residential (LDR) to Mixed Use Community (MUC), and is hereby adopted by the City Council of the City of Georgetown, Texas. Section 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 4. If any provision of this Ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are hereby declared to be severable. Section 5. The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect on the date of final adoption by City Council. PASSED AND APPROVED on First Reading on the 27th day of March, 2012. PASSED AND APPROVED on Second Reading on the 10th day of April, 2012. ATTEST: THE CITY OF GEORGETOWN: ______________________ _________________________ Jessica Brettle By: George Garver City Secretary Mayor APPROVED AS TO FORM: ______________________ Bridget Chapman Acting City Attorney Attachment number 8 \nPage 2 of 2 Item # L City of Georgetown, Texas March 27, 2012 SUBJECT: Public Hearingand First Reading of an Ordinance on a Rezoning from the Agriculture (AG) District to Planned Unit Development (PUD) District with a base district of Local Commercial (C-1), for 121.64 acres in the Issac Jones Survey, to be known as Gatlin Creek, located at 4900 Williams Drive -- Valerie Kreger, AICP, Principal Planner and Elizabeth A. Cook, Community Development Director (action required) ITEM SUMMARY: Background: The applicant has requested a rezoning from Agriculture (AG) to Planned Unit Development (PUD) with a base district of Local Commercial (C-1). The applicant intends to develop a mix of uses including commercial, office, and residential. This application is companion to a Comprehensive Plan Amendment initially received during the annual 2030 Plan amendment cycle in 2011, which stalled in order for the applicant to prepare a PUD zoning to support the requested land use change. Please refer to the attached staff report for more information. At the time of the Planning and Zoning Commission meeting on March 6th, final traffic impact analysis (TIA) results had not yet been received, and the recommendation from the Commission was subject to receipt of those results. Staff has since received confirmation of the TIA approval from our consultant. A summary of the TIA results are attached as Exhibit 7 that indicates any future potential for a signal light at this development will be at the cost of the developer and identifies several areas that will require road improvements in the future due to this development as well as other area development. Those improvements include: 1. Exclusive southbound right turn lane at Williams Drive and Shell/DB Woods Road in 2019. Pro rata share of improvements is 76%. 2. Exclusive left turn land and shared right-through-left-turn lane at Williams Drive and Wildwood Drive in 2019. Pro rata share of improvements is 1.9%. 3. Exclusive eastbound and westbound left turn lanes at Williams Drive and Shell/DB Woods Road in 2029. Pro rata share of improvements is 16.5%. 4. Dual westbound left turn lanes and exclusive northbound right turn lane at Williams Drive and Wildwood Drive in 2029. Pro rata shares of improvements are 13.3% and 0.5% respectively. 5. Signal timing modifications at Williams Drive and Woodlake Drive in 2029. Pro rata share of improvements is 11.4%. 6. Signal timing modifications at Williams Drive and Del Webb Boulevard in 2029. Pro rata share of improvements is 15.3%. 7. Installation of traffic signal, once warranted, at Williams Drive and Jim Hogg Road in 2029. Pro rata share of improvements is 13.6%. Public Comment: Staff has received a total of two written comments from surrounding and area property owners in opposition of this rezoning. At the Planning and Zoning Commission meeting on March 6th, there were 6 speakers who all spoke in opposition of the rezoning request. The speakers primarily cited concerns regarding drainage and the potential for multifamily or another more dense development adjacent to their properties. Planning & Zoning Commission Recommendation: At their regularly scheduled meeting on March 6, 2012, the Planning and Zoning Commission voted unanimously, 5-0, to recommend approval of the request, subject to receipt of final TIA results. Recommended Motion: Approval of the first reading of an Ordinance rezoning 121.64 acres in the Issac Jones Survey, to be known as Gatlin Creek, located at 4900 Williams Dr., from Agriculture (AG) district to Planned Unit Development Cover Memo Item # M (PUD) with a base zoning district of Local Commercial (C-1). FINANCIAL IMPACT: No financial impact was studied. SUBMITTED BY: Valerie Kreger, AICP, Principal Planner and Elizabeth Cook, Community Development Director ATTACHMENTS: Staff Report Exhibit 1 - Location Map Exhibit 2 - Future Land Use Map Exhibit 3 - Zoning Map Exhibit 4 - Aerial Map Exhibit 6 - March 6th Draft P&Z Minutes Exhibit 7 - TIA Approval Letter Ordinance Ordinance Exhibit A - PUD Development Plan (with PUD Exhibits A-I) Exhibit 5 - Written Public Comments Cover Memo Item # M Georgetown Planning and Development Department Staff Report Gatlin Creek PUD Page 1 of 7 Report Date: March 1, 2012 File No: REZ-2011-004 Project Planner: Valerie Kreger, AICP, Principal Planner Item Details Project Name: Gatlin Creek Location: 4900 Williams Dr. (See Exhibit 1) Total Acreage: 124.5 acres (121.64 acres per most recent applicant survey) Legal Description: 124.5 acres in the Jones Survey Applicant: David Wolf Property Owner: David Wolf Contact: Philip Wanke, BWM Group Existing Use: Undeveloped Existing Zoning: Agricultural (AG) Proposed Zoning: Planned Unit Development (PUD) with C-1 base district Future Land Use: Concurrent Application for Mixed Use Community (currently Low Density Residential) Growth Tier: Tier 1A & Tier 2 Overview of Applicant’s Request The applicant has requested a rezoning from Agriculture (AG) to Planned Unit Development (PUD) with a base district of Local Commercial (C-1). The applicant intends to develop a mix of uses including commercial, office, and residential. This application is companion to a Comprehensive Plan Amendment initially received during the annual 2030 Plan amendment cycle in 2011, which stalled in order for the applicant to prepare a PUD zoning to support the requested land use change. The applicant initially intended to pursue standard zoning for the site in order to sell a portion of the frontage for development of an assisted living facility and to lay out commercial lots along the remaining frontage. Because the Future Land Use Map shows this area as Low Density Residential, approval of a Comprehensive Plan Amendment was needed to proceed forward with any of the zoning districts that would allow this type of development. Staff could not find justification for support of a future land use change to a commercial designation; the property is not at a major or minor node as is typically necessary for the commercial designations. However, after further discussions with the property owner, it was determined staff could support a change to a mixed-use Attachment number 1 \nPage 1 of 7 Item # M Planning & Development Staff Report Gatlin Creek PUD Page 2 of 7 designation, provided a Planned Unit Development was developed for the property ensuring a mixture of uses and requiring some type of internal roadway circulation to alleviate the numerous driveway conflicts that would have been allowed with standard zoning. The property is heavily treed and has a significant amount of Heritage Trees (over 200). The property owner worked with staff to establish a hierarchy or prioritization of the trees to establish different levels of preservation for each subgroup and allow some flexibility with development at time of Site Plan. The Protected Tree requirements of the UDC are not affected and will remain applicable to the development of this property. Gatlin Creek PUD Summary: 1. The PUD establishes a C-1 base district. 2. The PUD divides the property into three different Development Zones as follows: Zone A: 15.7 acres within the proposed loop road designed to be the retail hub of the development. Zone B: 73.1 acres outside of the loop road including the north and rear portions of the property set up to be predominantly residential and assisted living type uses. Zone C: 32.8 acres located at the southern portion of the property allowing residential, retail, and office uses. 3. The PUD provides for an internal roadway to provide access and circulation on site. 4. In addition to the uses allowed in the C-1 district, the PUD allows single-family residential in Zones B and C. Also, indoor kennels are allowed in Zones B and C with approval of a Special Use Permit. 5. The PUD establishes perimeter setbacks exceeding those of the UDC, 100 feet adjacent to residential properties. 6. Commercial, retail, service, or office buildings in Zone A are allowed to exceed 25,000 square feet. 7. Impervious coverage for the development is identified as 70% to be applied to the comprehensive area of the PUD. However, any single-family residential lots are limited to 45% impervious coverage. 8. A Master Sign Plan will be required for the project. The PUD establishes that the development will be allowed up to two subdivision entry signs that may be placed in a median in the public right-of-way of the loop road. Additionally, the PUD allows the subdivision entry sign to increase to eight feet (from 6’). Attachment number 1 \nPage 2 of 7 Item # M Planning & Development Staff Report Gatlin Creek PUD Page 3 of 7 9. Water quality and detention are allowed and may be located within the floodplain or inundation easement with the approval of the CORPS of Engineers, TCEQ, and the City. 10. Heritage Tree Preservation Requirements are amended as follows: 30”+ Single Trunk Heritage Trees: Removal requires City Council approval with 3:1 mitigation. <30” Single Trunk Heritage Trees: Removal requires standard process of Heritage Tree Removal Permit and 3:1 mitigation. Double Trunk Heritage Trees where each trunk is less than 26”: May remove up to 20% with 2:1 mitigation. Multi Trunk Heritage Trees where each trunk is less than 26”: May remove up to 40% with 1:1 mitigation. 11. Curb Cuts: The UDC would allow up to five curb/road cuts. The PUD, however, proposes to limit this to two roadway intersections and two additional driveway cuts. 12. Parkland: The development will follow standard parkland dedication requirements. The Parks Director has indicated that at this time, fees-in-lieu of parkland dedication would be preferred at this location. Site Information Location: The approximately 122-acre property is located on the east side of Williams Drive, just south of the Sun City entrance at Del Webb Boulevard and north of Sedro Trail. Physical Characteristics: The property is currently undeveloped with approximately 2,536 feet of frontage along Williams Drive. The site’s elevation drops significantly towards the rear portion of the property where it backs up to the US Army Corp of Engineers property surrounding Lake Georgetown. The rear of the property is encumbered with a significant amount of 100-year floodplain as well as an inundation easement for the lake. The property has significant tree coverage, including over 200 Heritage Trees. Surrounding Properties: The properties immediately adjacent to this site include the Casa Loma, Fountainwood Estates, and Olde Oak residential subdivisions. Also, the property backs up to the US Army Corp of Engineers property that surrounds Lake Georgetown and the Gunn property. Across Williams Drive are several undeveloped lots in the Chaparo Estates Attachment number 1 \nPage 3 of 7 Item # M Planning & Development Staff Report Gatlin Creek PUD Page 4 of 7 subdivision as well as property developing as the Legacy at Georgetown and Colonial Real Estate. The surrounding zoning, existing uses and future land uses include: Location Zoning Future Land Use Existing Use North ETJ (no zoning) Low Density Residential Casa Loma Subdivision, Fountainwood Estates South AG & ETJ (no zoning) Low Density Residential & Open Space Olde Oak Subdivision East AG & C-3 Low & Moderate Density Residential undeveloped, developing (Legacy at Georgetown and Colonial Realty) West AG & ETJ (no zoning) Low Density Residential & Open Space Fountainwood Estates, US Army Corp of Engineer Property Property History The property was brought into the City’s limits via a series of annexations. The first of these was in 1995 when the first approximately 42 acres along Williams Drive was included in a larger City initiated annexation along FM 2338 (Ordinance 95-12). In April of 2010 an additional 18.61 acres was brought into the City via a voluntary request for annexation by the property owner – at the time for a potential development prospect (Ordinance 2010-11). The last of the property, the remaining 60.24 acres, was voluntarily annexed into the City in February of 2011 in anticipation of the applications currently under consideration (Ordinance 2011-05). The properties were assigned the default zoning of Agriculture (AG) upon annexation. 2030 Plan Conformance Currently, the subject property is designated as Low Density Residential on the City’s future land use map (see Exhibit 2). As noted, the applicant is also seeking approval of a Comprehensive Plan Amendment to change the future land use designation of this property from Low Density Residential to Mixed Use Community (see the Staff Report for CPA-2011-001). As shown, the PUD is in conformance with the Mixed Use Community land use category proposed in the companion Comprehensive Plan Amendment. The Mixed Use Community land use designation is intended for large tracts of undeveloped land, which are appropriate for larger scale, creatively planned communities, where a mix of residential type and densities are complemented by supporting retail, small to medium scale office Attachment number 1 \nPage 4 of 7 Item # M Planning & Development Staff Report Gatlin Creek PUD Page 5 of 7 development, and integrated open spaces, where appropriate. Development in this category is best served by a Planned Unit Development or via the Mixed Use zoning standards. If the Comprehensive Plan Amendment for this property is not approved, it will not be appropriate to approve this PUD for the property as the existing Low Density Residential category primarily supports residential at a1.1 to 3 dwelling units per acre density, although, this category may also support complementary non-residential uses along arterial roadways such as neighborhood serving retail, office, institutional, and civic uses, even if not depicted on the Future Land Use Map. The 2030 Plan includes a Growth Tier categorization that identifies where growth is desired to occur over the next two decades or more, heavily focused on the delivery of municipal services. This particular property straddles two Growth Tier categories, Tier 1A and Tier 2. Tier 1A 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. Tier 2 is primarily for areas of the ETJ where growth and the provision of public facilities are anticipated beyond the next 10 years. Proposed Zoning District The PUD, Planned Unit Development District, is intended to allow flexibility in planning and designing for unique or environmentally sensitive properties, which are to be developed in accordance with a common development scheme or planned associations of uses. PUD zoning is designed to accommodate various types of development, including a combination or mix of uses. The proposed C-1 base district is intended to provide areas for commercial and retail activities that primarily serve residential areas. Uses should have pedestrian access to adjacent and nearby residential areas, but are not appropriate along residential streets or residential collectors. The District is more appropriate along major and minor thoroughfares and corridors. Typical uses would include townhouse/multifamily dwellings and group living situations, institutional uses, restaurants, hotels, and retail sales. In order of intensity, the C-1 District is the middle of the three Commercial districts (CN, Neighborhood Commercial and C-3, General Commercial). Utilities Water: The property is currently in the Chisholm Trail Special Utility District’s water service area. The City of Georgetown is currently evaluating the possibility of managing the Chisholm Trail service area in the future. Under either scenario, the developer will be required to provide water pressure levels meeting the minimum City of Georgetown standards for fire flow and domestic water service. Attachment number 1 \nPage 5 of 7 Item # M Planning & Development Staff Report Gatlin Creek PUD Page 6 of 7 Wastewater: The City of Georgetown provides wastewater service within this area. However, the developer has been made aware of their responsibility for any extensions or upgrades necessary to serve this property. Electric: This property lies within the Pedernales Electric Cooperative’s electric service area. Transportation The site has extensive frontage along Williams Drive, approximately 2,536 feet. The PUD proposes a loop road off of Williams Drive that will extend to the core of the property and provide access to the rear development, so additional access along Williams Drive will be limited. A Traffic Impact Analysis (TIA) for this proposed development was a requirement of the PUD zoning. The loop road and driveway access onto Williams Drive were reviewed with the TIA. The final edits to that TIA have yet to be submitted to the City’s TIA reviewer. The TIA has been reviewed, but still awaits the final submittal for approval. The rezoning request, if acted on by the Planning & Zoning Commission, will not move forward for City Council consideration until the TIA has received final approval. Future Application(s) There is a companion application for a Comprehensive Plan Amendment under consideration, to which this application is reliant on. Following these applications, it will be necessary to obtain approval of preliminary and final plats, construction plans and site plans, for each portion of the development, in addition to any necessary building permits in order to proceed further with development within this PUD. Staff Analysis Staff is supportive of the proposed PUD as it provides for development of the property in a more comprehensive manner than would be required for straight zoning of the property. Provided the companion Comprehensive Plan Amendment is approved, the PUD fullfills the expectation of a mixture of uses that the Mixed Use Community requires. Per 2030 Plan Goal 1.E, it provides an innovative form of compact, pedestrian friendly development and per Goal 1.E.3, it promotes the development of community activity centers with complementary mixed uses (e.g., neighborhood-oriented retail, higher density residential). While typicaly staff would not support a PUD that includes regulations that would allow for the removal of Heritage Trees, as mentioned, this property has more than 200 Heritage Attachment number 1 \nPage 6 of 7 Item # M Planning & Development Staff Report Gatlin Creek PUD Page 7 of 7 Trees. Staff understands that during development, the applicant would have ended up making requests for Heritage Tree Removal. By creating a prioritization of the trees, the applicant has some idea going into a project what the expectations are for designing around the Heritage Trees and staff has some assurance that the most desired trees will be preserved. Finally, establishing entry roads and internal circulation reduces driveways and bring more traffic movements onto the site, as opposed to Williams Drive. Without a PUD, there is not a mechanism to require an internal roadway and, although unlikely, the property could develop with a series of driveways along Williams Drive, adding to potential conflicts along the increasingly busy roadway. Special Considerations The TIA for the project has been reviewed, but still awaits the final submittal for approval. The rezoning request, if acted on by the Planning & Zoning Commission, will not move forward for City Council consideration until the TIA has received final approval. Inter Departmental, Governmental and Agency Comments None Public Comments A total of 37 notices were sent out to property owners within 200 feet of the proposed rezoning. Public notice was posted in the Sun newspaper on February 19th. There have been two public comments received at the time of this report – both in opposition (see Exhibit 6). Attachments Exhibit 1 – Location Map Exhibit 2 – Future Land Use Map Exhibit 3 – Zoning Map Exhibit 4 – Aerial Map Exhibit 5 – Gatlin Creek Development Plan with attachments Exhibit 6 – Public Comments Meetings Schedule March 6, 2012 – Planning and Zoning Commission March 27, 2012 – City Council First Reading (pending) April 10, 2012 – City Council Second Reading (pending) Attachment number 1 \nPage 7 of 7 Item # M C I T Y O F G E O R G E T O W N CITY OF GEORGETOWN CITY OF GEORGETO W N C I T Y O F G E O R G E T O W N CITY OF GEORGETOWN CITY OF GEORGETO W N Georgetown ETJ G e o r g e t o w n E T J Georgetown ETJ TRAIL OF THE FLOWERS JI M H O G G PAR K R D Y E L L O W R O S E T R L J IM HOGG P A R K R D VINCA DR A C A CIA W A Y DEWBERRY DR DEL WEBB BLV D PURPLE SAGE DR WILLIAMS DR DEL WEBB B L V D PENNY L N WOODLAKE DR SEDRO TR L O L D E O AK DR B O N N I E R O S E LI A T R I S L N D A N D E LION DR S LAKEWOODS DR LANTANA DR L A KEVIEW L N WHITEWING W A Y B L A ZIN G S TAR DR H ESTER H O L L O W P L O V E R P A S S SCHOOL DV O L D E O A K D ROLDE O A K D R C A S A L O M A C I R A L L E N C I R J I M H O G G P A RK RD JIM HOGG PARK RD 0 1,250 2,500Feet Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJExhibit #1REZ-2011-004 REZ-2011-004 Attachment number 2 \nPage 1 of 1 Item # M 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 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 C I T Y O F G E O R G E T O W N WILLIAMS DR RM 2338 0 2,400 4,800Feet Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic D ata For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJ Legend Thoroughfare EC EF EMA EMIA ERF PC PF PFR PMA PMIA PR Future Land Use Institutional Regional Commercial Community Commercial Ag / Rural Residential 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 Future Land Use / Overall Transportation Plan Exhibit #2REZ-2011-004 REZ-2011-004 Attachment number 3 \nPage 1 of 1 Item # M 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 OF GEORGETOWN CITY OF GEORGETO W N Georgetown ETJ Georgetown ETJ DAISY PATH WOODLAKE DR SEDR O TRL BLUESTEM DR VINCA DR A C A C I A W A Y R E D P O P PY TRL SU N DAY SC H O OL D R T H IS T L E T R L DEWBERRY DR WILLIAMS DR WOODSTOCK DR LI A T R I S L N P E N N Y L N B L A ZIN G S T A R D R D A N D E LI O N D R SCHOOL DV HESTERHOLLOW LAKEVIEW LN LANTANA DRDEL W EBB BLV D O L D E O A K D R C A S A L O M A C I R A L L E N C I R JIM HOGG PARK RD 0 1,200 2,400Feet Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic D ata For General Planning Purposes Only ¯ REZ-2011-004 LegendSiteParcelsCity LimitsGeorgetown ETJ Zoning Information Exhibit #3 REZ-2011-001 Attachment number 4 \nPage 1 of 1 Item # M CITY OF GEORGETOWN CITY OF GEORGETO W N C I T Y O F G E O R G E T O W N CITY OF GEORGETOWN CITY OF GEORGETO W N Georgetown ETJ G e o r g e t o w n E T J Georgetown ETJ WILLIAMS DR PENNY LN COLUMBINE CT BLUESTEM DR VINCA DR A C A C IA W A Y SEDRO TRL R E D P O P P Y T R L R E D P O P P Y T R L T H IS T L E T R L DEWBERRY DR HESTERHOLLOW JIM H O G G P A R K R D LI A T R I S L N LANTANA DRBLAZING S T A R D R SCHOOL DV D A N D E LIO N D R LAKEVIE W LN D E L W E B B B L V D DEL W EBB BLVD O L D E O A K D R ALLE N CIR C A S A L O M A C I R JIM HOGG PARK RD 0 1,000 2,000Feet Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic D ata For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJExhibit #4REZ-2011-004 REZ-2011-004 Attachment number 5 \nPage 1 of 1 Item # M At t a c h m e n t n u m b e r 6 \ n P a g e 1 o f 5 It e m # M At t a c h m e n t n u m b e r 6 \ n P a g e 2 o f 5 It e m # M At t a c h m e n t n u m b e r 6 \ n P a g e 3 o f 5 It e m # M At t a c h m e n t n u m b e r 6 \ n P a g e 4 o f 5 It e m # M At t a c h m e n t n u m b e r 6 \ n P a g e 5 o f 5 It e m # M Planning & Zoning Commission Agenda / February 7, 2012 Page 1 of 5 City of Georgetown, Texas Planning and Zoning Commission Meeting Minutes Tuesday, March 06, 2012 at 6:00 PM Council Chambers 101 E. Seventh Street, Georgetown, Texas 78626 Commissioners: Ercel Brashear, Chair; Porter Cochran, Annette Montgomery, John Horne and Roland Peña. Commissioners in Training: Scott Rankin Commissioner(s) Absent: Sally Pell and Robert Massad Commissioner(s) in Training Absent: Staff Present: Elizabeth Cook, Community Development Director, Carla Benton, Planner; Mike Elabarger, Planner; Valerie Kreger, Planner; David Munk, City Engineer and Stephanie McNickle, Recording Secretary. Regular Session - To begin no earlier than 6:00 p.m. Chair Brashear called the meeting to order at 6:00 p.m. 6. Public Hearing and possible action on a Comprehensive Plan Amendment to change the future land use designation from Low Density Residential to Mixed Use Community for 121.64 acres out of the Jones Survey, to be known as Gatlin Creek, located at 4900 Williams Drive. CPA-2011-001 (Valerie Kreger) 7. Public Hearing and possible action on a Rezoning from the Agriculture (AG) District to Planned Unit Development (PUD) District with a base district of Local Commercial (C-1) for 121.64 acres out of the Jones Survey, to be known as Gatlin Creek, located at 4900 Williams Drive. REZ-2011-004 (Valerie Kreger) The Comprehensive Plan Amendment and Rezone staff report was presented as combined. Staff report by Valerie Kreger. The applicant has requested to change the future land use designation from Low Density Residential to Mixed Use Community. The applicant intends to develop a mix of uses including commercial, office, and residential. This application was initially received during the annual 2030 Plan amendment cycle in 2011, but was stalled in order for the applicant to prepare a Planned Unit Development (PUD) zoning district to support the requested land use change. The proposed PUD documents are now complete and included in an accompanying application which seeks to establish a PUD utilizing a C-1 base district. Because this application was received during an annual review cycle, the super majority vote that is applicable to out-of-cycle requests is not required with this item. The rezoning of this property is subject to approval of a TIA, which is still awaiting final submittal and approval. The rezoning request, if acted on by the Planning & Zoning Commission, will not move forward for City Council consideration until the TIA has received final approval. Staff’s support of this application is contingent on the PUD rezoning, and as Attachment number 7 \nPage 1 of 3 Item # M Planning & Zoning Commission Agenda / February 7, 2012 Page 2 of 5 such, staff would recommend the Commission make approval of this item contingent on approval of the rezoning and require this item move forward to City Council on the same schedule as the PUD application. The applicant has requested a rezoning from Agriculture (AG) to Planned Unit Development (PUD) with a base district of Local Commercial (C-1). The applicant intends to develop a mix of uses including commercial, office, and residential. The TIA for the project has been reviewed, but still awaits the final submittal for approval. The rezoning request, if acted on by the Planning & Zoning Commission, will not move forward for City Council consideration until the TIA has received final approval. Chair Brashear invited the applicant to address the Commissioners. Phillip Wanke representing the applicant stated the idea is to consolidate the commercial to the center of the track and propose a larger building in the center, possibly a grocery store. Chair Brashear Opened the Public Hearing. Michael Conner, 117 Casa Loma Circle state he is against the rezoning and does not want total commercial. He is also concerned with the impact this development will have on Lake Georgetown. Dennis McNutt, 311 Allen Circle stated he believes in property owner rights, but feels the development is so large; it will obstruct the water drainage to Lake Georgetown. John Cowman, Leander stated he is a land rights advocate, but need to work on land transition and compatibility standards need to be addressed. Mr. Cowman believes in the process, but feels this plan is not ready to be moving forward. He is not for this plan and feels there needs to be a good neighbor policy in place. Rene Broom, 309 Allen Circle strongly objects with the rezoning. She stated this development is up to 70% impervious coverage and will affect Lake Georgetown. This development is also in the 100 year flood plain and should only allow low density development. David Wolf, applicant feels there is misinformation. Engineering study for the water drainage has not been completed. Steve O’Conner, 313 Allen Circle stated he is concerned with the drainage and the flooding and afraid flooding with effect his home. Chair Brashear Closed the Public Hearing. Phillip Wanke, representing the applicant stated they are addressing the stormwater concerns and the development is regulated by TCEQ to make sure there is no water run off. FEMA will also have to approve the water drainage. Project Website has wrong information regarding the drainage. Water quality features will include a wet pond. Mr. Wanke feels the water drainage will not impede the neighbors. David Munk, Development Engineer for the City of Georgetown, stated the City requires a Professional Engineer to design the water drainage for this development. Flood plan control has to be through the Corp of Engineer. Mr. Munk stated the City does a lot of water quality, but TCEQ and Corp has to be happy with the development before it can move forward. Attachment number 7 \nPage 2 of 3 Item # M Planning & Zoning Commission Agenda / February 7, 2012 Page 3 of 5 Motion by Commissioner Cochran to recommend to the City Council approval of the Comprehensive Plan Amendment for 121.64 acres in the Issac Jones Survey, to change the future land use designation from Low Density Residential to Mixed Use Community, contingent on the simultaneous consideration of the associated PUD rezoning application. Second by Commissioner Horne. Approved. (5-0) Motion by Commissioner Montgmoery to recommend to the City Council approval of a request to rezone 121.64 acres in the Issac Jones Survey from the Agriculture (AG) District to Planned Unit Development (PUD) District with a base district of Local Commercial (C-1) District, contingent on the resubmittal and final approval of the TIA prior to City Council consideration. Second by Commissioenr Horne. Approved. (5-0) Meeting Adjourned. 9:20 Attachment number 7 \nPage 3 of 3 Item # M Attachment number 8 \nPage 1 of 3 Item # M Attachment number 8 \nPage 2 of 3 Item # M Attachment number 8 \nPage 3 of 3 Item # M Ordinance Number: Page 1 of 2 Description: Gatlin Creek PUD Rezoning Date Approved: April 10, 2012 ORDINANCE NO. 2011-_____ An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Zoning District Map adopted on the 4th Day of April 2002 in accordance with the Unified Development Code passed and adopted on the 11th Day of March 2003, to rezone 121.64 acres of the Issac Jones Survey, from the Agriculture District (AG) to Planned Unit Development District (PUD) with a base district of Local Commercial (C-1); repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, an application has been made to the City Council for the purpose of changing the zoning district classification of the following described real property ("The Property"): 121.64 acres of the Issac Jones Survey, as recorded in Document Numbers 9612381 and 2009090679 of the Official Public Records of Williamson County, Texas, hereinafter referred to as "The Property"; Whereas, the City Council has submitted the proposed change in the zoning district classification to the Planning and Zoning Commission for its consideration at a public hearing and for its recommendation or report; and Whereas, notice of such hearing was published in a newspaper of general circulation in the City; which stated the time and place of hearing, which time was not earlier than fifteen (15) days for the first day of such publication; and Whereas, written notice was given not less than fifteen (15) days before the date set for the meeting before the Planning and Zoning Commission to all the owners of the lots within two hundred feet of the property, as required by law; and Whereas, the applicant for such zoning change placed on the property such sign(s) as required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen (15) days before the date set for such hearing; and Whereas, the City Planning and Zoning Commission in a meeting held on March 6, 2012, recommended approval of the requested zoning change for the above described property from the Agriculture District (AG) to Planned Unit Development District (PUD) with a base zoning district of Local Commercial (C-1). Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas, that: Section 1. The facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance implements the vision and policies of the Georgetown 2030 Comprehensive Plan and Attachment number 9 \nPage 1 of 2 Item # M Ordinance Number: Page 2 of 2 Description: Gatlin Creek PUD Rezoning Date Approved: April 10, 2012 further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other policies of the Georgetown 2030 Comprehensive Plan. Section 2. The Zoning District Map of the City, as well as the Zoning District for the Property shall be and the same is hereby changed from the Agriculture District (AG) to Planned Unit Development District (PUD) with a base zoning district of Local Commercial (C-1), in accordance with Exhibit A (PUD Development Plan with Exhibits A-I) incorporated herein by reference, is hereby adopted by the City Council of the City of Georgetown, Texas. Section 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 4. If any provision of this Ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are hereby declared to be severable. Section 5. The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect on the date of final adoption by City Council. PASSED AND APPROVED on First Reading on the 27th day of March, 2012. PASSED AND APPROVED on Second Reading on the 10th day of April, 2012. ATTEST: THE CITY OF GEORGETOWN: ______________________ _________________________ Jessica Brettle By: George Garver City Secretary Mayor APPROVED AS TO FORM: ______________________ Bridget Chapman Acting City Attorney Attachment number 9 \nPage 2 of 2 Item # M 1 DEVELOPMENT PLAN GATLIN CREEK PLANNED UNIT DEVELOPEMENT 1. DEFINITIONS 1.1 All definitions referenced in the Unified Development Code of the City of Georgetown, Ordinance No. 2003-16, as subsequently amended and codified in Title 17 of Georgetown Code of Ordinances (the “Code”), shall apply to interpretation of the terms of this Planned Unit Development for the Gatlin Creek (this “PUD”). Any terms not defined in this Development Plan shall be construed by applying the Random House Webster’s Unabridged Dictionary, subject to the approval of such interpretation by the director of Planning and Development Services of the City of Georgetown. 2. PROPERTY 2.1 This PUD applies to approximately 122 acres of land located within the jurisdictional limits of the City of Georgetown, Texas, which land consists of three (3) lots being 121.64 ACRES OUT OF THE ISSAC JONES DURVEY, ABSTRACT NO. 232, WILLIAMSON COUNTY, TEXAS, which are collectively herein defined as the “Property”, and which are legally described as follows: JAMES DAVID WOLF, et al. TRACT THREE, PARCEL ONE DOC. #2009090679 O.P.R.W.C. 1.64 acres JAMES DAVID WOLF, et al. TRACT THREE, PARCEL TWO DOC. #2009090679 O.P.R.W.C. 100.5 acres JAMES DAVID WOLF, et al. DOC. #9612381 O.R.W.C. 19.54 acres Attachment number 10 \nPage 1 of 28 Item # M 2 3. APPROVAL CRITERIA 3.1 This PUD is intended to conform to the approval criteria of Sections 3.06.030 and 3.06.040 of the Code. Section 3.06.030 of the Code provides that the following criteria shall be considered by City Council for zoning changes: (a) The application is complete and the information contained within the application is sufficient and correct enough to allow adequate review and final action; (b) The zoning change is consistent with the Comprehensive Plan; (c) The zoning change promotes the health, safety, or general welfare of the City and the safe, orderly, and healthful development of the City; (d) The zoning change is compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood; and (e) The property to be rezoned is suitable for uses permitted by the District that would be applied by the proposed amendment. Section 3.06.040 of the Code provides that, in addition of consideration of the foregoing criteria of Section 3.06.030, the following applicable criteria shall be considered by City Council for approving this PUD: (a) An orderly and creative arrangement of all land uses with respect to each other and to the entire community; (b) A planned and integrated comprehensive transportation system providing for a separation of pedestrian and vehicular traffic, to include facilities such as roadways, bicycle ways and pedestrian walkways; (c) The provisions of cultural or recreational facilities for all segments of the community; (d) The location of general building envelopes to take maximum advantage of the natural and manmade environment; and (e) The staging of development in a manner which can be accommodated by the timely provision of public utilities, facilities and services. 4. APPLICABILITY OF CITY ORDINANCES 4.1 This PUD shall be applicable to zoning as it applies to all portions of the Property. All design, development, and use criteria not specifically covered by this PUD shall be subject to the applicable provisions of the Code. All design, development and use of the Property shall generally conform to the PUD described herein and, unless superseded, amended or controverted by the terms of this PUD, to a Local Commercial District (C-1), which is the zoning designations most similar to and compatible with the design, development and use proposed for the Property. Residential Single Family Detached is an allowable use in Zone B and Zone C on the Property. Attachment number 10 \nPage 2 of 28 Item # M 3 4.2. In Addition to permitted uses for base zoning district in Chapter 5 of the Code and this PUD, the following shall be permitted uses for the Property: (a) Indoor Kennels with a special use permit in Zone B and Zone C. 5. DEVELOPMENT ZONES 5.1 Improvements on the Property shall be designed and developed in three Zones as shown on Exhibit “B”,being Zone A, Zone B and Zone C. 5.2 Zone A represents approximately 15.7 acres of land comprising the Property and is generally depicted as the area within the loop road of the Development. Zone A is primarily the retail portion designed as the hub of the development. 5.3 Zone B consists of approximately 73.1 acres of land and is generally depicted as the Northern section outside the loop road of the Property. Zone B is predominately Residential and Assisted Living/Nursing Home. 5.4 Zone C consists of approximately 32.8 acres of land and is generally depicted as the Southern section outside the loop road of the Property. Zone C is primarily Residential, Retail and Office. 5.5 Improvements on the Property shall be designed and developed in accordance with Sec. 4.1 with the following restrictions: (a) All commercial uses except office shall not be within 50’ of existing residential adjacent to the Property on the Northern most corner and Williams Drive for a distance of 100’ from Williams Drive; and not within 100’ of all other existing residential uses adjacent to the Property (Ref. Exhibit D). (b) Commercial uses excluding office may not exceed the following percent of the Zone area with a maximum 25% for the overall Property: Zone A – 100% Zone B – 10% Zone C – 25% 5.6 A proposed rendering of the project which remains subject to modification as permitted under this PUD and the Code is depicted in Exhibit “C”,attached hereto and incorporated herein by reference. The final number, size, use and location of Buildings may vary on the final site plan(s).Proposed Building Setbacks are depicted on Exhibit “D”, attached hereto and incorporated herein for all purposes. 5.7 The final site plan(s) shall be subject to City approval according to Section 3.09 of the Code. This PUD allows for multiple site plans or subdivisions within the Property in order to allow for phased development. City approval shall be based upon Attachment number 10 \nPage 3 of 28 Item # M 4 each individual site plan, provided that, taken together, all site plans provide for an integrated mixed use development on the Property. 5.8 Under this PUD, “Building Height” shall be defined according to Section 7.03.030(D) and will be designed and developed to comply with building height limitations prescribed under Table 7.03.020. 5.9 Setbacks are not required between Residential and Multifamily uses as part of the development. Setbacks are not required between Office and Commercial as part of this development. Setbacks excluding those shown on Exhibit D are subject to the UDC requirements. 5.10 Impervious cover shall not exceed seventy (70) percent as applied to the aggregate sum of the building and improvement footprints compared to the comprehensive area of land comprising the Property. Individual site plans for the Property shall tabulate cumulative totals relative to impervious cover for the Property. In no case, shall a site plan be approved by the City if it causes the impervious cover on the comprehensive area of land comprising the Property to exceed seventy (70) percent. However, platted Single Family Residential lots will conform to the 45% impervious cover per the UDC. Property shall meet the requirements of 11.02.020.A.1, Low Impact Design by incorporating a Regional Water Pond for Water Quality, Vegetative Filter Strips along the inundation easement on the property and providing a maintenance agreement for these elements. Property shall meet the requirements of 11.02.020.A.3, Preservation of Natural Areas by preserving the entire area on the Property within the inundation easement by allowing only trail, water quality development and park improvements in this area. 6. SIGNAGE STANDARDS 6.1 A Master Sign Plan, meeting the requirements of Chapter 10 of the UDC, shall be required for this development at time of Site Plan. This PUD proposes additional signage standards that, where in conflict with the provisions of Chapter 10, shall prevail. The Master Sign Plan will serve to implement signs uniformly as a means of clear visual communication, and is intended to cause the designs of any signs on the Property to be complementary to the natural environment, and to improve pedestrian and vehicular safety. 6.2 Signs may only convey the name of the businesses, logos and the products or services offered within the Property, provided, however, that temporary construction signs, signs advertising portions of the Property for sale or lease, and temporary signs announcing special events on any portion of the Property shall be permitted. 6.3 Subdivision entry signs, monument signs, walls, fencing, architectural features, as well as sign design and lettering, along the public right-of-way adjoining Attachment number 10 \nPage 4 of 28 Item # M 5 the Property will be homogenous and will consist of a standard design to ensure that the comprehensive signage for the Property does not dominate the streetscape. All signs shall be constructed of materials and colors compatible with those utilized on the Buildings’ facades so as to blend into the environment and the development scheme of the Property in general. 6.4 Billboard signs shall not be erected on the Property. 6.2 Up to two (2) Subdivision Entry Signs may be designed, developed and placed in a median in the public right-of-way of the loop road of the Property, more specifically at Williams Drive at two major roadway intersections, subject to site triangle analysis and approval of a License to Encroach. Subdivision Entry Signs on the property shall not be subject to a 5-foot setback from the public right-of way, provided the signage does not obstruct the site triangles. Where advertising four (4) or more tenants, each Subdivision Entry Sign may be a maximum of eight (8) feet in height and be allowed a maximum of sixty four (64) square feet for each of the two (2) permitted sign faces to advertise the tenants of the development. Refer to “Exhibit I” for Signage details. 6.3 Signage for the remainder of the development, shall comply with the provisions of Chapter 10 of the Code. 6.4 When a portion of the development is designed as pedestrian oriented plaza surrounded by restaurants, office, retail or any combination of these, all with direct access to the pedestrian promenade, the need may arise for informational kiosks | message centers to help orient pedestrians to the available services and events of this style of development. 7. WATER QUALITY & DETENTION 7.1 Water Quality. The Property is located within the Edwards Aquifer Recharge Zone according the TCEQ USGS Quad Map. The Property must comply with the requirements of Chapter 11 of the Code and the Edwards Aquifer Rules of the Texas Commission on Environmental Quality (TCEQ). Water Quality and Detention are allowed and may be located within the floodplain or innundation easement with the approval of the CORPS of Engineers, TCEQ and the City. 8. ENVIRONMENTAL PROTECTION & TREE PRESERVATION 8.1 The Plan will comply with the tree preservation and environmental protection standards detailed in Chapter 11and Chapter 8 of the Code, except as otherwise specified in this PUD. 8.2 Due to the great number of Heritage Trees on this Property, Heritage Trees on this Property are allowed to be removed as follows: Attachment number 10 \nPage 5 of 28 Item # M 6 Single Trunk Heritage Trees (30”+ diameter) – Removal requires City Council Approval at time of Site Plan review and 3:1 mitigation ratio Single Trunk Heritage Trees (<30”) – Removal requires approval of a Tree Removal Permit at time of Site Plan review following standard UDC procedures for such and 3:1 mitigation ratio Two Trunk Heritage Trees (each trunk <26”) – Maximum removal of 20% of the trees allowed with 2:1 mitigation ratio Multi Trunk Heritage Trees (each trunk <26”) – Maximum removal of 40% of the trees allowed with 1:1 mitigation Due to the uncertainty of the final water quality and detention plans, the Urban Forrester shall have full responsibility for approval of all tree removal and mitigation, including heritage trees, associated with these facilities. 8.3 It is an overriding goal of this development to preserve as many quality trees as feasible, protected and heritage, along and generally for a minimum distance of 100' from the Williams Drive R.O.W. 9. ROADWAY INFRASTRUCTURE 9.1 The Property has approximately 2,536 feet of frontage along Williams Drive, a 5 lane arterial roadway. The City of Georgetown transportation criteria require that a driveway or intersection on an arterial be separated by a minimum of 425 feet based upon the posted speed limit of 50 miles per hour, unless a waiver is approved by the City Engineer. The Property, under this definition is allowed five (5) curb / road cuts however under this PUD, the Property shall have two (2) roadway intersections and two (2) curb cuts on Williams Drive. 9.2 Intersection Safety Lighting and necessary traffic signal infrastructure may be installed at the intersection of Williams Drive and the loop road of the Property in preparation for a traffic signal when the intersection meets warrants. 9.3 No additional Traffic Impact Analysis (TIA) or TIA update will be required for this PUD, provided that the total peak-hour trips for the entire development as outlined in the submitted TIA are not exceeded. The peak-hour trips for the submitted TIA are from the 8th Edition of Trip Generation. For the purposes of assessing allocated peak-hour trips as it relates to this requirement, all future peak- hour trip generation calculations will be based on the 8th Edition of Trip Generation. 10. PEDESTRIAN & VEHICULAR CIRCULATION 10.1 The improvements within this PUD will be designed to maximize pedestrian and vehicular circulation within the Property. Attachment number 10 \nPage 6 of 28 Item # M 7 This PUD will include pedestrian and vehicular circulation plans designed to provide access to all areas within the Property and will incorporate homogenous design features for all Buildings and other improvements and appurtenances within the Property. 10.2 After final approval of this PUD, the general alignment of proposed internal pedestrian and vehicular circulation may be modified from the proposed rendering shown in Exhibit “C” to accommodate Building locations on the approved site plan(s) and for the protection of trees and fire safety requirements. A schematic presentation of suggested internal pedestrian and vehicular circulation is depicted in Exhibit “C”, attached hereto and incorporated herein by reference. It is the intent of this PUD that vehicular streets internal to the Property and depicted as such in Exhibit “C” be considered as public streets. Design Details for public streets on the Property shall conform to Chapter 12 of the Code. 10.3 Connectivity to the property to the undeveloped Northwest is not required as it was platted with the Fountainwood Estates, Phase 7 plat, has a Lakeview Lane address and noted in the plat note 23 that resubdivision of more than 16 lots is not allowed. Right Of Way will be dedicated to allow connectivity to the adjacent to the property to the Southeast, Williamson County Appraisal District ID Number R079841 10.4 Pedestrian walkways on the Property are planned to connect through the CORPs of Engineers property and to their trail system with the CORPs approval, ultimately providing connectivity to the City’s trail system. 11. LANDSCAPING, OPEN SPACE, COMMON RECREATION AREA & PARKLAND 11.1 Landscape Maintenance. A property owners’ association will maintain landscaping and irrigation in the rights of way and common areas on the Property. 11.2 Parkland Dedication. Fees may be paid in lieu of parkland dedication, pursuant to the Code at submission of individual site plan(s) or subdivision, in an amount equal to $250 per new dwelling unit, except that, for each structure containing more than four (4) dwelling units, the fee shall be in an amount equal to $200 per dwelling unit. 11.3 A minimum of 280 square feet of improved common recreation area per dwelling unit shall be provided for all Multi-family development on this Property. The required recreation area shall meet the basic needs of a local park, be approved by the Director, and shall include a minimum of either: two (2) children’s play areas, picnic areas, trails (walkways or bike trails) or landscaped sitting areas, or one (1) game court area, turf playing field, swimming pool, or recreational building. The common recreation area shall be designed to adequately serve the number of Attachment number 10 \nPage 7 of 28 Item # M 8 dwellings within the development, according to accepted City standards set by the Parks and Recreation Department. All equipment and other improvements must be of commercial quality and required private yard, open space or parkland dedication. The common recreation area shall be privately constructed, maintained and operated by the developer or an owner’s association. The person or entity responsible for ownership, maintenance and operational responsibilities shall be noted on the plat and/or on a separate instrument recorded in the Official Records of Williamson County. 12. BUILDING REGULATIONS 12.1 All Buildings designed for and constructed on the Property for non- residential use will comply with the Non-Residential Design Standards set forth in Section 7.04 of the Code unless otherwise provided for in this PUD. 12.2 Commercial, retail, services and office buildings within Zone A may exceed 25,000 square feet. 13. EXTERIOR LIGHTING 13.1 Exterior Lighting on the Property and its Buildings will comply with the requirements set forth in Section 7.05.020 of the Code related to outdoor lighting unless otherwise described in this PUD. 14. PUD MODIFICATIONS 14.1 This PUD represents the allowable uses and design standards for the three Zones contained within the Property. The concept plan depicted in Exhibit “C”, and the proposed pedestrian and vehicular circulation depicted in Exhibit “C” are general in nature and do not represent final designs. Minor modifications, as approved by the Director of Planning, to Building sizes, uses and locations, as well as to amenity areas and to pedestrian and vehicular circulation, are allowed without amendment to the PUD, providing modifications conform to the general intent of the PUD, uses authorized by this PUD or to applicable provisions of the Code. Attachment number 10 \nPage 8 of 28 Item # M 9 15. LIST OF EXHIBITS 15.1 The following exhibits are attached hereto and incorporated herein by reference: A. Property Map with Existing Tract or Lot Lines Designated B. Property Map with Zone Designations Outlined C. Property Map with Conceptual Land Use Plan & Circulation D. Property Map with Building Setbacks Outlined E. Tree Survey and Tree Details F. Typed Field Notes Identifying the Property on Letter-sized Paper G. Tabulation of Total Square Footage and Residential Density H. Existing Natural Features I. Signage Details Attachment number 10 \nPage 9 of 28 Item # M 55 8 + 0 0 5 5 9 + 0 0 56 0 + 0 0 561 + 0 0 56 2 + 0 0 5 6 3 + 0 0 5 6 4 + 0 0 5 6 5 + 0 0 5 6 6 + 0 0 5 6 7 + 0 0 5 6 8 + 0 0 5 6 9 + 0 0 57 0 + 0 0 571 + 0 0 57 2 + 0 0 5 7 3 + 0 0 5 7 4 + 0 0 5 7 5 + 0 0 5 7 6 + 0 0 5 7 7 + 0 0 5 7 8 + 0 0 5 7 9 + 0 0 58 0 + 0 0 58 1 + 0 0 58 2 + 0 0 5 8 3 + 0 0 5 8 4 + 0 0 5 8 5 + 0 0 L30 L31 N 37° 5 4 ' 1 6 " W 298.5 0 ' N 19°23 ' 1 0 " W 216.92 ' L 3 2 N 29° 4 6 ' 3 7 " W 274.1 4 ' L33 L34 L35 L 3 6 L37 L38 L39 L40 L41 L 4 2 L 4 3 L 4 4 N 17°56 ' 0 4 " W 200.43' N 7 0 ° 3 4 ' 5 4 " E 2 0 6 . 6 2 ' L 4 5 N 6 8 ° 1 1 ' 1 1 " E 2 7 9 . 3 8 ' N 6 8 ° 1 1 ' 1 1 " E 2 1 7 . 5 7 ' L 4 6 L 4 7 N 6 7 ° 1 4 ' 3 9 " E 2 8 1 . 7 6 ' L 4 8 L 4 9 L 5 0 L 5 1 L 5 2 L 5 3 L 5 4 N 7 1 ° 0 4 ' 0 8 " E 2 9 8 . 2 6 ' L 5 5 C2 S 5 6 ° 4 5 ' 0 3 " E 94 2 . 8 9 ' S 5 6 ° 4 5 ' 0 3 " E 48 3 . 0 3 ' S 5 6 ° 4 5 ' 0 3 " E 5 3 . 1 8 ' S 5 6 ° 4 5 ' 0 3 " E 85 7 . 6 8 ' L 5 6 L 5 7 S 6 7 ° 5 6 ' 3 0 " W 1 0 8 5 . 6 4 ' L 5 8 S 6 8 ° 1 3 ' 1 3 " W 4 3 5 . 7 0 ' S 6 7 ° 5 9 ' 1 1 " W 2 2 2 . 9 4 ' S 6 8 ° 0 5 ' 3 2 " W 5 0 2 . 1 8 ' S 6 7 ° 5 1 ' 0 6 " W 7 0 7 . 8 1 ' FE E T 75 15 0 3 0 0 0 B M W G R O U P N AGatlin Creek Planned Unit DevelopmentPROPERTY MAP Co n c e p t u a l s i t e pl a n . Fi n a l s i t e p l a n m a y v a r y . Attachment number 10 \nPage 10 of 28 Item # M 55 8 + 0 0 5 5 9 + 0 0 56 0 + 0 0 561 + 0 0 56 2 + 0 0 5 6 3 + 0 0 5 6 4 + 0 0 5 6 5 + 0 0 5 6 6 + 0 0 5 6 7 + 0 0 5 6 8 + 0 0 5 6 9 + 0 0 57 0 + 0 0 571 + 0 0 57 2 + 0 0 5 7 3 + 0 0 5 7 4 + 0 0 5 7 5 + 0 0 5 7 6 + 0 0 5 7 7 + 0 0 5 7 8 + 0 0 5 7 9 + 0 0 58 0 + 0 0 58 1 + 0 0 58 2 + 0 0 5 8 3 + 0 0 5 8 4 + 0 0 5 8 5 + 0 0 L30 L31 N 37° 5 4 ' 1 6 " W 298.5 0 ' N 19°23 ' 1 0 " W 216.92 ' L 3 2 N 29° 4 6 ' 3 7 " W 274.1 4 ' L33 L34 L35 L 3 6 L37 L38 L39 L40 L41 L 4 2 L 4 3 L 4 4 N 17°56 ' 0 4 " W 200.43' N 7 0 ° 3 4 ' 5 4 " E 2 0 6 . 6 2 ' L 4 5 N 6 8 ° 1 1 ' 1 1 " E 2 7 9 . 3 8 ' N 6 8 ° 1 1 ' 1 1 " E 2 1 7 . 5 7 ' L 4 6 L 4 7 N 6 7 ° 1 4 ' 3 9 " E 2 8 1 . 7 6 ' L 4 8 L 4 9 L 5 0 L 5 1 L 5 2 L 5 3 L 5 4 N 7 1 ° 0 4 ' 0 8 " E 2 9 8 . 2 6 ' L 5 5 C2 S 5 6 ° 4 5 ' 0 3 " E 94 2 . 8 9 ' S 5 6 ° 4 5 ' 0 3 " E 48 3 . 0 3 ' S 5 6 ° 4 5 ' 0 3 " E 5 3 . 1 8 ' S 5 6 ° 4 5 ' 0 3 " E 85 7 . 6 8 ' L 5 6 L 5 7 S 6 7 ° 5 6 ' 3 0 " W 1 0 8 5 . 6 4 ' L 5 8 S 6 8 ° 1 3 ' 1 3 " W 4 3 5 . 7 0 ' S 6 7 ° 5 9 ' 1 1 " W 2 2 2 . 9 4 ' S 6 8 ° 0 5 ' 3 2 " W 5 0 2 . 1 8 ' S 6 7 ° 5 1 ' 0 6 " W 7 0 7 . 8 1 ' ZO N E ' A ' ZO N E ' B ' ZO N E ' C ' FE E T 75 15 0 3 0 0 0 B M W G R O U P N BGatlin Creek Planned Unit DevelopmentDEVELOPMENT ZONES Co n c e p t u a l s i t e pl a n . Fi n a l s i t e p l a n m a y v a r y . Attachment number 10 \nPage 11 of 28 Item # M 55 8 + 0 0 5 5 9 + 0 0 56 0 + 0 0 561 + 0 0 56 2 + 0 0 5 6 3 + 0 0 5 6 4 + 0 0 5 6 5 + 0 0 5 6 6 + 0 0 5 6 7 + 0 0 5 6 8 + 0 0 5 6 9 + 0 0 57 0 + 0 0 571 + 0 0 57 2 + 0 0 5 7 3 + 0 0 5 7 4 + 0 0 5 7 5 + 0 0 5 7 6 + 0 0 5 7 7 + 0 0 5 7 8 + 0 0 5 7 9 + 0 0 58 0 + 0 0 58 1 + 0 0 58 2 + 0 0 5 8 3 + 0 0 5 8 4 + 0 0 5 8 5 + 0 0 L30 L31 N 37° 5 4 ' 1 6 " W 298.5 0 ' N 19°23 ' 1 0 " W 216.92 ' L 3 2 N 29° 4 6 ' 3 7 " W 274.1 4 ' L33 L34 L35 L 3 6 L37 L38 L39 L40 L41 L 4 2 L 4 3 L 4 4 N 17°56 ' 0 4 " W 200.43' N 7 0 ° 3 4 ' 5 4 " E 2 0 6 . 6 2 ' L 4 5 N 6 8 ° 1 1 ' 1 1 " E 2 7 9 . 3 8 ' N 6 8 ° 1 1 ' 1 1 " E 2 1 7 . 5 7 ' L 4 6 L 4 7 N 6 7 ° 1 4 ' 3 9 " E 2 8 1 . 7 6 ' L 4 8 L 4 9 L 5 0 L 5 1 L 5 2 L 5 3 L 5 4 N 7 1 ° 0 4 ' 0 8 " E 2 9 8 . 2 6 ' L 5 5 C2 S 5 6 ° 4 5 ' 0 3 " E 94 2 . 8 9 ' S 5 6 ° 4 5 ' 0 3 " E 48 3 . 0 3 ' S 5 6 ° 4 5 ' 0 3 " E 5 3 . 1 8 ' S 5 6 ° 4 5 ' 0 3 " E 85 7 . 6 8 ' L 5 6 L 5 7 S 6 7 ° 5 6 ' 3 0 " W 1 0 8 5 . 6 4 ' L 5 8 S 6 8 ° 1 3 ' 1 3 " W 4 3 5 . 7 0 ' S 6 7 ° 5 9 ' 1 1 " W 2 2 2 . 9 4 ' S 6 8 ° 0 5 ' 3 2 " W 5 0 2 . 1 8 ' S 6 7 ° 5 1 ' 0 6 " W 7 0 7 . 8 1 ' A SS I S T E D L I V I NG M U L T I -F A M I L Y R ES I D E N T I A L F L OO D P L A I N I NN U N D A T I O N E A SE M E N T W A T E R Q UA L I T Y C O N T R O L S D E T E N T I O N R ES I D E N T I A L O FF I C E C O MM E R C I A L W I LL I A M S D R I V E C L U B H O U SE E X I S T I N G T R A I L FE E T 75 15 0 3 0 0 0 B M W G R O U P N CGatlin Creek Planned Unit DevelopmentLAND USE PLAN & CIRCULATION Co n c e p t u a l s i t e pl a n . Fi n a l s i t e p l a n m a y v a r y . Le g e n d Ve h i c u l a r R. O . W . Pr i v a t e D r i v e Po t e n t i a l P r i v a t e D r i v e Pe d e s t r i a n Pa t h w a y Attachment number 10 \nPage 12 of 28 Item # M 1 0 0 ' C O M M E R C I A L B U I L D I N G S E T B A C K 1 0 0 ' C O M M E R C I A L B U I L D I N G S E T B A C K 50 ' B U I L D I N G S E T B A C K INNUN D A T I O N E A S E M E N T INNUND A T I O N E A S E M E N T FE E T 75 15 0 3 0 0 0 B M W G R O U P N DGatlin Creek Planned Unit DevelopmentSETBACK EXHIBIT Co n c e p t u a l s i t e pl a n . Fi n a l s i t e p l a n m a y v a r y . Attachment number 10 \nPage 13 of 28 Item # M E Attachment number 10 \nPage 14 of 28 Item # M E Attachment number 10 \nPage 15 of 28 Item # M E Attachment number 10 \nPage 16 of 28 Item # M E Attachment number 10 \nPage 17 of 28 Item # M E Attachment number 10 \nPage 18 of 28 Item # M E Attachment number 10 \nPage 19 of 28 Item # M F Attachment number 10 \nPage 20 of 28 Item # M F Attachment number 10 \nPage 21 of 28 Item # M F Attachment number 10 \nPage 22 of 28 Item # M F Attachment number 10 \nPage 23 of 28 Item # M Attachment number 10 \nPage 24 of 28 Item # M Attachment number 10 \nPage 25 of 28 Item # M G GatlinCreekDevelopment ProjectYields February9,2011 TotalProperty: 121.6 ac LandUse Commercial 134,000 sf ffi f Total YIELD Office 78,000 sf MultiFamily 280 units Clubhouse 1,000 sf Residential 228 units NOTE:THISINFORMA TIONISBASEDONASSUMPTIONS ANDESTIMATESANDREPRESENTSNO REGULATORYAPPROVALS.Planallocation aresubjecttochange. Attachment number 10 \nPage 26 of 28 Item # M 55 8 + 0 0 5 5 9 + 0 0 56 0 + 0 0 561 + 0 0 56 2 + 0 0 5 6 3 + 0 0 5 6 4 + 0 0 5 6 5 + 0 0 5 6 6 + 0 0 5 6 7 + 0 0 5 6 8 + 0 0 5 6 9 + 0 0 57 0 + 0 0 571 + 0 0 57 2 + 0 0 5 7 3 + 0 0 5 7 4 + 0 0 5 7 5 + 0 0 5 7 6 + 0 0 5 7 7 + 0 0 5 7 8 + 0 0 5 7 9 + 0 0 58 0 + 0 0 58 1 + 0 0 58 2 + 0 0 5 8 3 + 0 0 5 8 4 + 0 0 5 8 5 + 0 0 L30 L31 N 37° 5 4 ' 1 6 " W 298.5 0 ' N 19°23 ' 1 0 " W 216.92 ' L 3 2 N 29° 4 6 ' 3 7 " W 274.1 4 ' L33 L34 L35 L 3 6 L37 L38 L39 L40 L41 L 4 2 L 4 3 L 4 4 N 17°56 ' 0 4 " W 200.43' N 7 0 ° 3 4 ' 5 4 " E 2 0 6 . 6 2 ' L 4 5 N 6 8 ° 1 1 ' 1 1 " E 2 7 9 . 3 8 ' N 6 8 ° 1 1 ' 1 1 " E 2 1 7 . 5 7 ' L 4 6 L 4 7 N 6 7 ° 1 4 ' 3 9 " E 2 8 1 . 7 6 ' L 4 8 L 4 9 L 5 0 L 5 1 L 5 2 L 5 3 L 5 4 N 7 1 ° 0 4 ' 0 8 " E 2 9 8 . 2 6 ' L 5 5 C2 S 5 6 ° 4 5 ' 0 3 " E 94 2 . 8 9 ' S 5 6 ° 4 5 ' 0 3 " E 48 3 . 0 3 ' S 5 6 ° 4 5 ' 0 3 " E 5 3 . 1 8 ' S 5 6 ° 4 5 ' 0 3 " E 85 7 . 6 8 ' L 5 6 L 5 7 S 6 7 ° 5 6 ' 3 0 " W 1 0 8 5 . 6 4 ' L 5 8 S 6 8 ° 1 3 ' 1 3 " W 4 3 5 . 7 0 ' S 6 7 ° 5 9 ' 1 1 " W 2 2 2 . 9 4 ' S 6 8 ° 0 5 ' 3 2 " W 5 0 2 . 1 8 ' S 6 7 ° 5 1 ' 0 6 " W 7 0 7 . 8 1 ' 90 0 900 900 90 0 898 8 9 6 896 896 896 89 8 90 0 89 8 90 0 89 8 8 9 8 898898 898 89 6 898 89 6 89 6 896 896 89 8 898 8 9 8 8 9 4 8 9 2 89 2 89 2 89 4 89 4 89 2 89 0 8 9 0 8 8 8 8 8 6 88 4 89 0 88 8 8 9 2 8 9 4 884886 88 8 8 9 0 888888 89 0 89 0 88 8 886 888 89 0 890 89 0 89 2 89 4 892 890 888 886 89 2 894 89 2 89 2 89 0 89 0 88 8 88 8 886 896 89 4 8 9 2 89 0 88 8 8 8 6 88 4 882880 87 8 8 7 6 87 4 87 2 87 0 86 8 884 882 880 878 87 6 87 4 87 2 87 0 86 8 86 6 86 4 86 2 86 0 880 878 876 874 872 870 866 864 862 860 858 856 852 848 844 840 854 850 846 842 838 836 89 8 89 6 89 4 892 8 9 0 8 8 8 8 8 6 8 8 4 8 8 2 8 8 0 8 7 8 87 6 8 7 4 87 2 8 7 0 868 866 864 8 6 2 8 6 0 858 8 5 6 8 5 4 852 850 848 84 6 84 4 8 4 2 8 4 0 8 3 8 8 3 6 8 3 4 8 3 2 8 3 0 8 2 8 8 2 6 824 8 2 2 8 2 0 818 8 1 6 814 812 8 1 4 816 8 1 6 8 1 6 8 1 4 812 810 818 820 822 824 826 828 830 832 834 83 8 88 4 88 2 880 87 8 876 87 4 872 870 868 866 864 862 860 858 856 854 852850 848 846 844 842 840 838 836 8 3 4 83 2 8 3 0 828 826 828 826 824 838 834 832 840 87 6 87 2 86 8 86 4 86 0 856 85 2 84 8 846 842 838 834 832 8 3 2 8 3 4 8 3 8 84 0 84 2 8 4 6 84 8 85 0 852 85 485685 8 FE E T 75 15 0 3 0 0 0 B M W G R O U P N H Gatlin Creek Planned Unit Development EXISTING NATURAL FEATURES Co n c e p t u a l s i t e pl a n . Fi n a l s i t e p l a n m a y v a r y . FEM A 1 0 0 Y R F L O O D P L A I N Attachment number 10 \nPage 27 of 28 Item # M MAX. 8' - 0" PR O J E C T LO G O PR O J E C T LO G O SI G N A R E A MA X . 6 4 S . F . VARIES W/DESIGN 10' - MAX.NO T E : T H I S I S A G R A P H I C R E P R E S E N T A T I O N A N D D O E S N O T S P E C I F Y W A L L D E S I G N O R M A T E R I A L S . TR A N S I T I O N TO P R O J E C T BO U N D A R Y FE N C I N G TR A N S I T I O N TO P R O J E C T BO U N D A R Y FE N C I N G PR O J E C T EN T R Y W A L L PR O J E C T LO G O MAX. 8' - 0" PR O J E C T LO G O PR O J E C T LO G O SI G N A R E A MA X . 6 4 S . F . 10' - MAX.NO T E : T H I S I S A G R A P H I C R E P R E S E N T A T I O N A N D D O E S N O T S P E C I F Y W A L L D E S I G N O R M A T E R I A L S . TR A N S I T I O N PR O J E C T EN T R Y W A L L PR O J E C T LO G O SI G N I N T E G R A L W I T H W A L L O P T I O N ME D I A N S I G N O P T I O N A SS I S T E D L IV I N G M UL TI-FAM IL Y R E S I D E N T I A L F L OO D P L A I N I NN U N D A T I O N E A S E M E N T W A T E R Q U A L I T Y C O N T R O L S D E T E N T I O N R E S I D E N T I A L O FF I C E C OM M E R C I A L W I LL I A M S D R I V E C L UB HOUSE E X I S T I N G T R A I L A SS I S T E D L IV I N G M UL TI-FAM IL Y R E S I D E N T I A L F L OO D P L A I N I NN U N D A T I O N E A S E M E N T W A T E R Q U A L I T Y C O N T R O L S D E T E N T I O N R E S I D E N T I A L O FF I C E C O M M E R C I A L W I LL I A M S D R I V E CC L UB HOUSEE E X I S T I N G T R A I L FE E T 75 15 0 3 0 0 0 B M W G R O U P N I Gatlin Creek Planned Unit Development SIGNAGE DETAILS Co n c e p t u a l s i t e pl a n . Fi n a l s i t e p l a n m a y v a r y . LE G E N D 1 GA T L I N C R E E K D E V E L O P M E N T E N T R Y S I G N 2 GA T L I N C R E E K D E V E L O P M E N T E N T R Y S I G N DE V E L O P M E N T E N T R Y S I G N S P E C I F I C A T I O N S MA X I M U M T O T A L S I G N A R E A ( 2 S I G N F A C E S X 6 4 S Q F T ) : 1 2 8 S Q F T MA X I M U M H E I G H T O F S I G N F A C E : 8 F T MA X I M U M N U M B E R O F S I G N S A L L O W E D O N T H E L O T ( S ) I N C L U D E D I N TH E P L A N : 2 S I G N S 2 1 Attachment number 10 \nPage 28 of 28 Item # M City of Georgetown, Texas March 27, 2012 SUBJECT: Public Hearingand First Reading of an Ordinance Rezoning 78.52 acres of the N. Porter and A. Flores Surveys from Single-Family Residential (RS) District, Local Commercial (C-1) District, General Commercial (C-3) District and Planned Unit Development (PUD) with a C-1 base district to PUD with base districts of Multifamily (MF), C-1, and C-3, located on Washam Drive and I-35, to be known as Fontana Plaza -- Jennifer C. Bills, AICP, LEED AP, Housing Coordinator and Elizabeth A. Cook, Community Development Director(action required) ITEM SUMMARY: Item Background On March 6, 2012, the Planning & Zoning Commission reviewed the applicant's request for rezoning. At the time the Traffic Impact Analysis approval was still pending. The City's TIA consultant has since approved the TIA submitted by the applicant. From the TIA, a number of improvements will be required by the developer to existing and future offsite road networks (Exhibit 8). Under the Ultimate Build-out scenario (2021), the following pro rata share of improvements would be required. Under this development scenario there are many intersections that operate under unacceptable Levels of Service (LOS). These intersections along with the needed improvements are: Williams Drive/IH 35 Southbound Frontage Road and Williams Drive/IH 35 Southbound Frontage Road During the 2021 development year the Williams Drive bridge needs to be widened in order to accommodate a triple left turn lane form the northbound frontage road onto westbound Williams Drive (thus carrying a minimum of three westbound lanes across the bridge) (pro rata share 8.7%). Williams Drive and Austin Avenue During the 2021 development year traffic signal timing adjustments are needed this intersection (pro rata share 4.6%). Northwest Boulevard and Washam Drive During the 2021 development year the installation of a traffic signal could be considered. It should be noted that given the proximity of this intersection to the proposed Northwest Boulevard Bridge, a traffic signal may not be able to be installed. If this is case the construction of a round-about or another traffic control measure may be considered (pro rata share 57.7%). Williams Drive and Washam Drive During the 2021 development year the reconstruction of Williams Drive should be considered. During this development year, Williams Drive will need to be widened to accommodate a total of six travel lanes (three in each the eastbound and westbound directions – pro rata share 14.9%) in addition the reconstruction will need to accommodate dual eastbound left turns onto Washam (pro rata share 51.7%). In addition to the above improvements, it should also be noted that the TIA assumed that the connection of Washam Drive between Northwest Boulevard and Williams Drive was already constructed. There are no pro rata share calculations for the construction of the connection. Based upon the volumes within the TIA, the developers pro rata share is approximately 35%. This is based upon a comparison between the projected background traffic and the site traffic that would be utilizing the connection. The Pro Rata must be contributed because there are no definitive plans for the roadway. While the road is included in the Transportation Plan, there are no additional construction plans. The City will purchase the right-of-way, but all developments must contribute their appropriate pro rata share. This development is not contingent upon this connection being in place, but if this connection is not constructed there will be significant impacts to the remaining intersections. Public Comment At the time of the P&Z report, staff had received three comments in writing, one in favor and two against the Cover Memo Item # N development. At the Commission meeting, four residents spoke against the project. There were several main concerns, the impact of future development on the existing single-family homes, the amount of buffering provided between uses and addressing drainage issues in the area. Planning and Zoning Commission Recommendation The P&Z Commission voted 7-0 to recommend approval of the rezoning with an additional condition that a High Level Bufferyard, as described in the Unified Development Code Section 8.04.060 (C) 3, be provided along the western boundary of the property where the single-family residential is adjacent to the future Washam Drive. This condition was included to address traffic and noise concerns of the adjacent residents. As this rezoning is for a Planned Unit Development, the P&Z Commission and City Council have the ability to require additional conditions for approval. The applicant was accepting of this condition and the attached Exhibit 5-Fontana Plaza Planned Unit Development Plan has been revised to include this requirement. Recommended Motion Approval of the first reading of the Ordinance rezonimg 78.52 acres of the N. Porter and A. Flores Surveys from the RS, C-1, and C-3 Districts and PUD with a C-1 base district to PUD with base districts of MF, C-1, and C-3. FINANCIAL IMPACT: None. SUBMITTED BY: Jennifer C. Bills, AICP, LEED AP, Housing Coordinator ATTACHMENTS: P&Z Staff Report Exhibit 1-Location Map Exhibit 2-Future Land Use Map Exhibit 3-Zoning Map Exhibit 4-Aerial Map Exhibit 5-Fontana PUD Development Plan Exhibit 6-Drainage Engineer Letter Exhibit 7-Public Comments Ordinance with Exhibits Exhibit 8-Traffic Impact Analysis Exhibit 9 - Draft P and Z Minutes Cover Memo Item # N Georgetown Planning and Development Department Planning & Zoning Commission Cover Memo Fontana Plaza Rezoning Cover Memo Meeting Date: March 6, 2012 Item: 8 File No.: REZ-2011-011 Item Description Public Hearing and possible action on a Rezoning of 78.52 acres of the N. Porter and A. Flores Surveys from Single-Family Residential (RS) District, Local Commercial (C-1) District, General Commercial (C-3) District and Planned Unit Development (PUD) with a C-1 base district to PUD with base districts of Multifamily (MF), C-1, and C-3, located on Washam Drive and I-35, to be known as Fontana Plaza. REZ-2011-011 (Jennifer C. Bills) Item Summary The applicant has requested a rezoning of 78.52 acres north of Northwest Boulevard and west of Interstate 35, from Single Family Residential District and Planned Unit Development with a base district of Local Commercial, Local Commercial and Regional Commercial to Planned Unit Development with base districts of Multifamily (22.14 acres), Local Commercial (17.85 acres) and Regional Commercial (38.54). The Future Land Use designation requires this area to be zoned either Mixed Use or to apply a Planned Unit Development plan that meets the intent of the Specialty Area Mixed Use Community land use. Fontana Plaza is intended to be an urban mixed use commercial center that will build out over the next five to ten years. Anticipated users within the development are restaurants, hotels, apartments, townhomes, and larger retail. The area will serve the adjacent residential as well as be a destination shopping area. The first site that is scheduled to be developed is the Gateway Northwest Apartments that will be managed by the Texas Housing Foundation. At this time, approval of the Traffic Impact Analysis is still pending due to a few issues. The rezoning request, if acted on by the Planning & Zoning Commission, will not move forward for to City Council until the TIA has been approved. Staff Recommended Motion Recommend to the City Council approval of the Rezoning for 78.52 acres in the N. Porter and A. Flores Surveys from Single-Family Residential (RS) District, Local Commercial (C-1) District, General Commercial (C-3) District and Planned Unit Development (PUD) with a C- 1 base district to PUD with base districts of Multifamily (MF), C-1, and C-3, contingent upon the approval of the Traffic Impact Analysis. Attachment number 1 \nPage 1 of 11 Item # N Georgetown Planning and Development Department Planning & Zoning Commission Cover Memo Fontana Plaza Rezoning Cover Memo Attachments Staff Report Exhibit 1 – Location Map Exhibit 2 – Future Land Use Map Exhibit 3 – Zoning Map Exhibit 4 – Aerial Map Exhibit 5 – Development Plan for Fontana Plaza Exhibit 6—Engineers justification for pond location Exhibit 7—Public Comments Submitted By Jennifer C. Bills, AICP, LEED AP Housing Coordinator and Elizabeth Cook, Community Development Director Attachment number 1 \nPage 2 of 11 Item # N Georgetown Planning and Development Department Staff Report Fontana Plaza Rezoning Page 1 of 9 Report Date: February 29, 2012 File No: REZ-2011-011 Project Planner: Jennifer C. Bills, AICP, LEED AP, Housing Coordinator Item Details Project Name: Fontana Plaza Location: North of Northwest Boulevard and west of I-35. (See Exhibit 1) Total Acreage: 78.52 acres (per Applicant Survey) Legal Description: Gateway Northwest Subdivision, Northwest Retail Subdivision, 67 acres of the N. Porter Survey Applicants: Philip Wanke Property Owner: Georgetown Housing Authority, David Wolf Contact: Philip Wanke, BWM Group Existing Use: Vacant Existing Zoning: Single-Family Residential (RS), Local Commercial (C-1), Planned Unit Development (base district C-1), Regional Commercial (C-3) Proposed Zoning: Planned Unit Development with base districts Multifamily (MF), Local Commercial (C-1), and Regional Commercial (C-3) Future Land Use: Specialty Area Mixed Use Growth Tier: Tier 1A (Developed/Redeveloping) Overview of Applicant’s Request The applicant has requested a rezoning of 78.52 acres north of Northwest Boulevard and west of Interstate 35, from Single Family Residential District and Planned Unit Development with a base district of Local Commercial, Local Commercial and Regional Commercial to Planned Unit Development with base districts of Multifamily (22.14 acres), Local Commercial (17.85 acres) and Regional Commercial (38.54). The Future Land Use designation requires this area to be zoned either Mixed Use or to apply a Planned Unit Development plan that meets the intent of the Specialty Area Mixed Use land use. Fontana Plaza is intended to be an urban mixed use commercial center that will build out over the next five to ten years. Anticipated users within the development are restaurants, hotels, apartments, townhomes, and larger retail. The area will serve the adjacent residential as well as be a destination shopping area. The first site that is scheduled to be developed is the Gateway Northwest Apartments that will be managed by the Texas Housing Foundation. Attachment number 1 \nPage 3 of 11 Item # N Planning & Development Staff Report Fontana Plaza Rezoning Page 2 of 9 Site Information Location: The property is located on the west side of IH-35 and north of Northwest Boulevard. Washam Drive currently exists from Northwest Boulevard, dead ending into the tract. Physical Characteristics: The property is generally a long rectangular shape, sloping towards the highway. The property has significant drainage issue on the southwest end. Water from Northwest Boulevard flows from a drainage channel between two existing buildings and into an existing drainage easement. All of the water from the site pools along the frontage road, eventually draining into a culvert that flows under I-35. In this same area there is a high concentration of Heritage and Protected Trees. There are other Heritage and Protected trees sporadically throughout the site, but the majority exists along the drainage area. (Exhibit 4) Surrounding Properties: The property is surrounded by multiple tracts. The western boundary is largely bordered by developed single family residential units (Williams Addition, Golden Oaks Subdivisions). On the south part of the western boundary there are existing rental multifamily units (Shady Oaks Apartments, Northwest Apartments). The southern boundary is adjacent to existing commercial businesses that are largely retail and office in nature. (Exhibit 3). Location Zoning Future Land Use Existing Use North Single Family Residential (RS), Local Commercial (C-1), ETJ Specialty Area Mixed Use Vacant, Residential, Commercial South Regional Commercial (C-3) Specialty Area Mixed Use Commercial East N/A N/A (IH-35 ROW) Highway West Single Family Residential (RS), Multifamily (MF) Specialty Area Mixed Use, Moderate Density Residential Residential Property History The property was annexed in four separate annexation ordinances—January 1, 1964 (#64-A1), January 1, 1968 (#68-A1), January 1, 1978 (#78-23) and January 1, 1987 (#870403). A 0.90 acre tract was platted at the Northwest Retail Subdivision in 1985 but never developed. Approximately 11 acres was platted as the Gateway Northwest Subdivision, which consisted of three larger commercial lots, 12 small residential lots, and dedicated right-of-way for Washam and Janis Drives. The infrastructure for this development was never completed, including the construction of the streets and, therefore, never developed. The portion of the subdivision south of Washam Drive has had significant drainage problems that result in water backing up into the properties along Northwestern Boulevard. The rest of the property has been used for grazing in the past, but has been vacant for a while. Attachment number 1 \nPage 4 of 11 Item # N Planning & Development Staff Report Fontana Plaza Rezoning Page 3 of 9 Utilities All areas of the City and ETJ are placed within a Growth Tier policy category that identifies where to stage contiguous, compact, and incremental growth over a period of the next two decades or more. These Tiers dictate where the delivery of municipal services may be focused, and thus, where growth is desired to occur: Tier 1A designates areas within the current city limits where some infrastructure systems are in place, can be economically provided and/or will be proactively extended, and where consolidation of the city’s development pattern is encouraged over the next 10 years through the City’s Capital Improvement Program (CIP). Tier 1B designates areas within the present city limits that were recently annexed or subject to development agreements, which are presently underserved by infrastructure. Tier 1B will require the provision of public facilities to meet the city’s growth needs as Tier 1A approaches build-out, over the next 10 years. Tier 2 designates areas within the ETJ where growth and the provision of public facilities are anticipated beyond the next 10 years and where premature, fragmented, leapfrog, or inefficient development is discouraged by the City. Tier 3 designates areas within the ETJ where growth, annexation, and the extension of public facilities are anticipated beyond 20 years, and premature, fragmented, leapfrog, or inefficient development is discouraged by the City. Being a Tier 1A designee, this property is currently included in the City’s infrastructure planning. It is within the City’s water, wastewater, and electric service areas. The property owner will be responsible for the extension of necessary lines, which will be addressed during the subdivision process. The applicant has submitted an Utility Evaluation application to the Georgetown Utility Systems (GUS) to study water and wastewater service impacts, with the basis of future development being 458 multifamily residential units and 56 acres of commercial development. The findings were: The property is within the City’s certified water and wastewater service areas. Water – no comment was made, indicating there is sufficient supply to serve. Wastewater - the estimated demands of proposed development indicated by the applicant would not exceed that planned for the area. The demand for the proposed development is estimated at 425,383 gallons per day, which is below the 505,000 gpd estimate for the Specialty Area Mixed Use land use category. Additional off-site improvements may be necessary based upon the timing of the City’s Capital Improvement Plan (CIP) and developer need. All final details and guarantees of capacity would be determined during the Final Plat or Site Plan approval processes, with capacity reservation occurring upon Impact Fee payment. Attachment number 1 \nPage 5 of 11 Item # N Planning & Development Staff Report Fontana Plaza Rezoning Page 4 of 9 Transportation The property has approximately 3,300 feet of road frontage along IH-35 and 300 feet along Northwest Boulevard. The intent of the Specialty Area Mixed Use Future Land Use area is to create a north to south route parallel to IH-35. The extension of Washam Drive to the northern boundary will be part of the larger road network that will eventually connect Williams Drive to Airport Road to create better traffic circulation north and south. There are five street connections to the west of the property. The development will continue Garden Villa Drive, Golden Vista Drive, Golden Crest Drive and Garden View Drive. With this PUD, the applicant is requesting that the connection of Janis Drive be exempted. The right-of-way for Janis Drive is already platted and property owner will be required to go through the abandonment and subdivision process to remove the ROW. A Traffic Impact Analysis (TIA) has been submitted and is under review. There are three issues that are still outstanding at this time. 1. Proportional cost sharing of the extension of Washam Drive to the south of Northwest Boulevard. To date, the applicant is showing that their development will not send any trips south through the Williams Drive Gateway area, thus not including any pro rata share of the cost, which the City disputes. 2. The inclusion of deceleration/acceleration lanes on IH-35. Currently, the TIA does not show the inclusion of an additional lane on the frontage road for traffic that will be entering/exiting the development (similar to the lane on the frontage road in front of The Rivery). This additional lane needs to be added for safety concerns. 3. The TIA shows a traffic signal at Washam and Northwest Boulevard. Staff does not believe that this signal will meet minimum street spacing with the future Northwest Boulevard bridge over IH-35, even if it meets warrants at this location. The recommendation for approval of this rezoning is conditional based on the resolution of these issues. The TIA must be approved by staff before going to City Council for the Public Hearing and First Reading of the rezoning ordinance. 2030 Comprehensive Plan Currently, the subject property is designated with the Specialty Area Mixed Use category. (Exhibit 2). As noted under the Utility section of this report, the 2030 Plan Growth Tier Map designation is Tier 1A, which is the portion of the City where infrastructure systems are intended for improvements within the next ten years. Zoning District Currently, the property is zoned RS, C-1, and PUD with a base district of C-1, and C-3. The RS, C-1, and C-3 districts on approximately 66 acres were assigned when the property was Attachment number 1 \nPage 6 of 11 Item # N Planning & Development Staff Report Fontana Plaza Rezoning Page 5 of 9 annexed into the City. The Gateway Northwest Subdivision, approximately 10.5 acres, was rezoned in 2008 to PUD with C-1 for the Sierra Ridge development, which did not materialize. In accordance with the UDC: A PUD is designed to be used in conjunction with a designated base zoning district. An application for PUD zoning shall specify the base District(s) and the uses proposed. If no base zoning exists, the base zoning shall be that zoning designation that is most similar to or compatible with the uses proposed for the PUD. Any uses not permitted in the base District shall be specifically identified. The standards and requirements of the specified base District shall apply unless specifically superseded by the standards and requirements of the PUD Development Plan. Fontana Plaza is directly north of the Williams Drive Gateway Redevelopment Area and Washam Drive will continue north through Fontana Plaza as a primary road for the future development. The intent of this PUD is to continue the mixed use and urban design that is included within the redevelopment plan. To this end, specific uses normally allowed by the base zoning district have been prohibited within the development plan. The PUD Development Plan proposes three base districts that are described in the UDC, as follows: The Multifamily District, MF, is intended for Multifamily residential development, such as apartments, townhouses, and associated uses. This District is appropriate in areas designated on the Future Land Use Plan for higher density and mixed-use and may be located along major thoroughfares, and adjacent to both Residential and Non-Residential Districts. The Local Commercial District, C-1, is intended to provide areas for commercial and retail activities that primarily serve residential areas, with pedestrian access to the nearby residential areas, but location should be along major and minor thoroughfares and corridors, and not on residential streets or collectors. Typical uses would include townhouse/multifamily dwellings and group living situations, institutional uses, restaurants, hotels, and retail sales. In order of intensity, the C-1 District is the middle of the three Commercial districts (CN, Neighborhood Commercial and C-3, General Commercial). The General Commercial District, C-3, is intended to provide a location for general commercial and retail activities that serve the entire community and its visitors. Uses may be large in scale and generate substantial traffic, making the C-3 District only appropriate along freeways and major arterials. Attachment number 1 \nPage 7 of 11 Item # N Planning & Development Staff Report Fontana Plaza Rezoning Page 6 of 9 Prohibited Uses For the MF District, orphanages, halfway houses, elementary and middle schools, and golf courses have been removed from the list of allowed uses. For the C-1 District, elementary, middle, and high schools, group living (except for assisted living), colleges, emergency service stations, hospitals, pest control or janitorial service, home health care services, agricultural sales, fuel sales, car wash, and restricted personal services have been removed from the list of allowed uses. For the C-3 District, elementary, middle, and high schools, correctional facility, transient service facility, psychiatric hospital, substance abuse treatment facility, cemetery, driving range, indoor firing range, data center, flea market, outdoor self-storage, bus barn, group living, college, hospital, motel, event catering, pest control and janitorial service, manufactured housing sales, automotive sales, rental or leasing facility, home health care services, agricultural saves, restricted personal services, consumer repair, small engine repair, kennel, indoor self-storage, outdoor automotive parts and accessories, limited automobile repair and service, recreational vehicle sales, rental and service, private transportation service dispatch facility, lumber yard, portable classrooms, general outdoor display, and outdoor display or storage of off-site vehicles have been removed from the list of allowed uses. Allowed with Restrictions Within the C-3 District, Fuel Sales are only allowed as an accessory use to a primary business or stand-alone if located along the frontage road at the northern boundary on the property. Automobile Repair and Service, Limited are allowed with specific design requirements as to the direction of the car bays, storage of equipment, and where the work can be performed. Allowed Uses Live/work units consisting of ground level commercial space internally connected to residential units on the second story have been added to the allowed uses of the C-1 and C-3 Districts. Development Plan Per the Unified Development Code; Development requirements for the PUD District shall be set forth in the Development Plan and/or the approving ordinance and shall include, at a minimum, the purpose and intent of the PUD, uses, density, building height, building setbacks, limits of construction, building elevations, parking, vehicular and pedestrian access, streets, and circulation, screening, landscaping, environmental protection, signage, lighting, phasing Attachment number 1 \nPage 8 of 11 Item # N Planning & Development Staff Report Fontana Plaza Rezoning Page 7 of 9 or scheduling, or any other requirements of the Development Manual or as the City Council may deem appropriate. Drainage Drainage has long been an issue along Northwest Boulevard and has affected the existing commercial businesses as well as the development potential of the property. Currently, the natural drainage patterns sends the water through the commercial business into a drainage easement in the undeveloped Gateway Northwest Subdivision and eventually pools along the frontage road to drain through an existing culvert under IH-35. Some sort of drainage structure (box culvert or channel) needs to be installed to efficiently move the water past the businesses and to the pond. This Development Plan includes establishing a regional detention and water quality pond to handle existing flows and future drainage caused by development. Due to the topographic nature of the property, there is a low point and natural location of the pond, as depicted in Exhibit C of the Development Plan. Tree Preservation Due to location and configuration of the pond, there is the possibility that 12 Heritage Trees and 22 Protected Trees will have to be removed (Exhibit H of the Development Plan). The applicant’s engineer has included a letter detailing why the location of the pond cannot be moved or configured to save more of the trees. Mitigation of the trees will follow Chapter 8 of the UDC. The mitigation will be divided amongst the sites responsible for the amount of drainage into the pond. If the pond is installed in one phase, Fontana Plaza will provide 20% of the mitigation at the time of pond construction, with the rest divided on a per acre basis to the remaining property. If the pond is built in phases, mitigation will be provided for the trees removed with each phase. No other Heritage Trees other than those identified in the Development Plan will be removed without an amendment to the PUD Development Plan. Roadway and Pedestrian Circulation To provide better circulation for the entire area from Williams Drive to Airport Road, this development will extend Washam Drive to the northern boundary of the property (Exhibit C of the Development Plan). Washam Drive is a collector-level road, and to keep a more urban feel, parking will be limited between the buildings and the street, and all facades facing Washam Drive will be required to meet all primary façade articulation and materials requirements. Garden Villa Drive, Golden Vista Drive, Golden Crest Drive, and Garden View Drive will all be extended and connect to Washam Drive. As each site within the Fontana Plaza PUD develops, the site plans will provide pedestrian circulation (Exhibit D of the Development Plan). Along the entire length of Washam Drive, 8-foot sidewalks will be provided, while 5-foot sidewalks will be required of the rest of the pedestrian plan. Attachment number 1 \nPage 9 of 11 Item # N Planning & Development Staff Report Fontana Plaza Rezoning Page 8 of 9 Site Development Standard Deviations from the UDC For each development zone within the PUD, specific development standards have been defined. Some of the main requirements are: All facades facing public streets must meet materials and articulation requirements of the front façade. Only a limited amount of parking is allowed (1 or 2 rows) between a public street and building. The rest must be internal to the site. Fencing (decorative with plantings) or an opaque masonry wall must be provided along the remainder of Zone A (non-Texas Housing Foundation development) adjacent to the existing residential neighborhoods. All zones are allowed 70 percent maximum impervious cover. A 25-foot buffer must be provided adjacent the existing single family residential to the west. Future Application(s) If the applicant, or other future property owner, should seek to develop the property, the following applications would at a minimum be required: Plat Vacation; Subdivision Plats; Site and Construction plans; Building permits for construction; and Certificate of Occupancy for any new structures and tenants. Staff Analysis Staff is supportive of the proposed rezoning for Fontana Plaza for the following reasons: 1. The Future Land Use designation of Specialty Area Mixed Use supports the mix of multifamily and commercial uses that are proposed within the PUD Development Plan. 2. The entire site will utilize a regional detention and water quality pond, which provides for an efficient solution to a regional drainage issue and a better development potential for the area. 3. The extension of Washam Drive improves the future transportation network in conjunction with the Northwest Boulevard bridge and planned road network through the Williams Drive Gateway Redevelopment Plan Area. 4. The inclusion of urban design requirements and mix of retail and residential uses will continue the mixed use and urban feel of the Williams Drive Gateway Redevelopment Plan. Attachment number 1 \nPage 10 of 11 Item # N Planning & Development Staff Report Fontana Plaza Rezoning Page 9 of 9 Inter Departmental, Governmental and Agency Comments None Public Comments A total of 59 notices were sent out to property owners within 200 feet of the proposed rezoning. Public notice was posted in the Sun newspaper on February 19, 2012. Three property owner comments have been received to date, one supporting and two in opposition the application. See Exhibit 7. Attachments Exhibit 1 – Location Map Exhibit 2 – Future Land Use / Overall Transportation Plan Map Exhibit 3 – Zoning Map Exhibit 4 – Aerial Map Exhibit 5 – Development Plan for Fontana Plaza Exhibit 6—Engineers justification for pond location Exhibit 7—Public Comments Anticipated Meetings Schedule March 6, 2012 – Planning and Zoning Commission March 27, 2012 – City Council First Reading (pending) April 10, 2012 – City Council Second Reading (pending) Attachment number 1 \nPage 11 of 11 Item # N CIT Y O F G E O R G E T O W N Georgetown ETJ G eorgeto w n E T J GARDEN VILLA DR GARDEN VIEW DR RYAN LN GOLDEN VISTA DR N IH 35 SB GARDEN VILLA CIR THORNTON LN E JANIS DR ENTR 263 SB WASHAM DR E JANIS DR E CENTRAL DR ROYA L DR E CENTRAL DR N O R T H W E S T B L V D G A R D E N M E A D O W D R N AUSTIN AVE G O L D E N OAKS RD N IH 35 FWY NB N IH 35 FWY SBREZ-2011-011 0 770 1,540 Feet Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJExhibit #1REZ-2011-011 Attachment number 2 \nPage 1 of 1 Item # N CIT Y O F G E O R G E T O W N Georgetown ETJ G e org eto w n E TJ N IH 35 SB N AUSTIN AVE GARDEN VILLA DR GARDEN VIEW DR RYAN LN GOLDEN VISTA DR GARDEN VILLA CIR P A R K L N DAWN DR THORNTON LN TANGLEWOOD DR WESTWOOD LN G O LDEN OAKS DR N O R T HWEST BLVD E JANIS DR SILVERLEAF DR WASHAM DR E JANIS DR TANGLEWOOD DR E CENTRAL DR A P P L E C R E E K D R SHANNON LN E JANIS DR GARDEN VILLA DR F M 9 7 1 E CENTRAL DR ENTR 263 SB N O R T H W E S T B L V D E CENTRAL DR G A R D E N M E A D O W D R S H A D Y H O L L O W D R R O Y A L D R G O L D E N OAKS RD N IH 35 FWY NB N IH 35 FWY SB REZ-2011-011 0 800 1,600Feet Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJ Legend Thoroughfare EC EF EMA EMIA ERF PC PF PFR PMA PMIA PR Future Land Use Institutional Regional Com mercial Community Com mercial Ag / Rural Residential Employment Center HIgh Density Residential Low Density Residential Mining Mixed Use Com munity Mixed Use Neighborhood Center Moderate Density Residential Open Space Specialty Mixed Use Area Future Land Use / Overall Transportation Plan Exhibit #2REZ-2011-011 Attachment number 3 \nPage 1 of 1 Item # N AG Agriculture C-1 Local Commercial C-1 Local Commercial C-1 Local Commercial C-1 LocalCommercial C-3 GeneralCommercial C-3 General Commercial C-3 General Com mercial C-3 General Commercial IN Industrial IN Industrial IN Industrial I N I n d u s t r i a l MF Multifamily MF Multifamily O F Office O F Office O F Office RS ResidentialSingle-Family RS ResidentialSingle-Family RS Residential Single-Family RS Residential Single-Family RS Residential Single-Family RS Residential Single-Family RS Residential Single-Family RS Residential Single-Family R S R e si d e n ti a l S i n g l e -F a m ily RS ResidentialSingle-Family N AUSTIN AVE P A R K L N GARDEN VIEW DR RYAN LN GOLDEN VISTA DR GARDEN VILLA CIR GANN ST THORNTON LN DAWN DR G O L D E N O A K S D R SILVERLEAF DR WASHAM DR TANGLEWOOD DR A I R P O R T R D PARKVIEWDR E JANIS DR GARDEN VILLA DR GOLDEN OAKS RD A P P L E C R E E K D R SHANNON LN ENTR 263 SB NORTHWESTBLVD E CENTRAL DR G A R D E N M E A D O W D R F M 9 7 1 ROYAL DR OLD AI RPORT RD S H A D Y H O LL O W D R N IH 35 SB N IH 35 FWY NBN IH 35 FWY SB 0 940 1,880Feet Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ REZ-2011-011 LegendSiteParcelsCity LimitsGeorgetown ETJ Zoning Information Exhibit #3 REZ-2011-011 Attachment number 4 \nPage 1 of 1 Item # N REZ-2011-011 ENTR 263 SB GARDEN VIEW DR THORNTON LN GOLDEN VISTA DR GARDEN VILLA CIR WASHAM DR E JANIS DR GARDEN VILLA DR E CENTRAL DR ROYAL DR N AUSTIN AVE N O R T H W E S T B LV D G A R D E N M E A D O W D R G O L D E N O A K S R D N IH 35 FWY NB N IH 35 FWY SB N IH 35 SB 0 500 1,000 1,500Feet Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJExhibit #4REZ-2011-011 REZ-2011-011 Attachment number 5 \nPage 1 of 1 Item # N 1 DEVELOPMENT PLAN FOR FONTANA PLAZA PLANNED UNIT DEVELOPMENT 1. DEFINITIONS 1.1 All definitions referenced in the Unified Development Code of the City of Georgetown, Ordinance No. 2003-16, as subsequently amended and codified in Title 17 of Georgetown Code of Ordinances (the “Code”), shall apply to interpretation of the terms of this Planned Unit Development for the Fontana Plaza (this “PUD”). Any terms not defined in this Development Plan shall be construed by applying the Random House Webster’s Unabridged Dictionary, subject to the approval of such interpretation by the director of Planning and Development Services of the City of Georgetown. This development is using the UDC effective on April 26, 2011. 2. PROPERTY 2.1 This PUD applies to approximately 78.52 acres of land located within the jurisdictional limits of the City of Georgetown, Texas, which land consists of three (3) lots being 76.73 ACRES OUT OF THE N. PORTER SURVEY, ABSTRACT NO. 235, and THE A. FLORES SURVEY, ABSTRACT NO. 497, WILLIAMSON COUNTY, TEXAS, which are collectively herein defined as the “Property”, and which are legally described as follows: JAMES DAVID WOLF, et al. AW0497 - Porter, N. Sur. DOC# 2009090679 GEORGETOWN HOUSING AUTHORITY S8562 - NORTHWEST RETAIL SUB DOC# 2008036776 GEORGETOWN HOUSING AUTHORITY S3665 - Gateway Northwest DOC# 2007068693 Attachment number 6 \nPage 1 of 21 Item # N 2 3. APPLICABILITY OF CITY ORDINANCES 4.1 This PUD shall be applicable to zoning as it applies to three (3) Zones as defined by section 5 of this document. All design, development, and use criteria not specifically covered by this PUD shall be subject to the applicable provisions of the UDC. All design, development and use of the Property shall generally conform to the PUD described herein and, unless superseded, amended or controverted by the terms of this PUD, to Zone A comprising of Multifamily (MF), Zone B of Local Commercial District (C-1), and Zone C of General Commercial (C-3) which are the zoning designations most similar to and compatible with the design, development and use proposed for the Property. 4. DEVELOPMENT ZONES 4.1 Improvements on the Property shall be designed and developed in three Zones as shown on Exhibit “B”, being Zone A, Zone B and Zone C. 4.2 Zone A represents approximately 22.14 acres of land comprising the Property and is generally depicted as West of the alignment of Washam Drive as it extends through the site. 4.3 Zone B consists of approximately 17.85 acres of land and is generally depicted as the Southern portion, approximately 1200 feet from the Southern most corner at IH-35. 4.4 Zone C consists of approximately 38.54 acres of land and is generally depicted as the remainder the Property. 4.5 Due to Roadway realignments and sound planning decisions, minor modifications to the zone acreage may be requested and subject to approval by the Director of Planning. 4.6 A proposed rendering of the project which remains subject to modification as permitted under this PUD and the UDC is depicted in Exhibit “C”, attached hereto and incorporated herein by reference. The final number, size, use and location of Buildings may vary on the final site plan(s). 4.7 The final site plan(s) shall be subject to City approval according to Section 3.09 of the UDC. This PUD allows for multiple site plans or subdivisions within the Property. City approval shall be based upon each individual site plan, provided that, taken together, all site plans provide for an integrated mixed use development on the Property. Attachment number 6 \nPage 2 of 21 Item # N 3 4.8 Development within Zone A are allowed the following: a) 24 units per acre b) 10 foot setbacks will only be against existing multifamily development. A minimum of a 25 foot buffer will be provided against all of the single family residential property to the north and west c) The boundary between Golden Vista Drive and Garden View Drive will be required to provide a High Level Bufferyard, as described in Section 8.060.040 C 3 to provide separation between the single-family residential and Washam Drive. d) Development Zone A is allowed a 15’ build-to line along public Rights Of Way when providing an urban façade and an 8’ sidewalk. e) Impervious cover of seventy (70) percent as applied to the aggregate sum of the building and improvement footprints for each site plan submitted is allowed. f) Parallel parking can be counted for onsite parking only on the section adjacent to the Texas Housing Foundation section of Zone A. g) Only open fencing is allowed along public streets for any of Zone A. h) Fencing (decorative with plantings) or an opaque masonry wall must be provided on the remainder of Zone A (non-THF) adjacent to existing residential. i) The triangle between Golden Vista Drive and Washam Drive will be a pocket park. j) An 8’ urban sidewalk shall be included along the full extent of Washam Drive on both sides. 4.9 Development within Zone B and are allowed the following: a) A minimum of a 25 foot landscape easement will be provided against IH35 only. b) Development Zone B is allowed a 15’ build-to line along public Rights Of Way when providing an urban façade and a minimum 8’ sidewalk. c) Impervious cover of seventy (70) percent as applied to the aggregate sum of the building and improvement footprints for each site plan submitted is allowed. d) All facades facing public streets, especially Washam, must meet materials and articulation requirements of the front façade. Only a limited amount of parking will be allowed (1 to 2 rows) between Washam Drive or I-35 and any buildings. The rest must be internal to the entire site. e) An 8’ urban sidewalk shall be included along the full extent of Washam Drive on both sides. f) For each building, there cannot be more than three individual tenants on the first floor. 4.10 Development within Zone C are allowed the following: a) A minimum of a 25 foot landscape easement will be provided against IH35 only. Attachment number 6 \nPage 3 of 21 Item # N 4 b) Development Zone C is allowed a 15’ build-to line along public Rights Of Way when providing an urban façade and a minimum 8’ sidewalk. c) Impervious cover of seventy (70) percent as applied to the aggregate sum of the building and improvement footprints for each site plan submitted is allowed. d) All facades facing public streets, especially Washam, must meet materials and articulation requirements of the front façade. Only a limited amount of parking will be allowed (1 to 2 rows) between Washam Drive or I-35 and any buildings. The rest must be internal to the entire site. e) An 8’ urban sidewalk shall be included along the full extent of Washam Drive on both sides. f) For each building, there cannot be more than three individual tenants on the first floor. 4.11 The following uses will be prohibited in Zone A: a) Orphanage b) Halfway house c) Elementary school d) Middle school e) Golf course 4.12 The following uses will be prohibited in Zone B: a) Elementary school b) Middle school c) High school d) Everything under Group Living except for Assisted Living e) College or University f) Emergency Services Station g) Hospital h) Pest Control or Janitorial Services i) Home Health Care Services j) Agricultural Sales k) Fuel Sales l) Car Wash m) Personal Service, Restricted 4.13 The following uses will be prohibited in Zone C: a) Elementary school b) Middle school c) High school d) Correctional facility e) Transient service facility f) Psychiatric hospital g) Substance abuse treatment facility h) Cemetery, columbaria, mausoleum or memorial park i) Driving range Attachment number 6 \nPage 4 of 21 Item # N 5 j) Firing range, indoor k) Data center l) Flea market m) Self storage, outdoor n) Bus barn o) Everything under Group Living p) College or University School q) Hospital r) Hospital, Psychiatric s) Substance Abuse Treatment Facility t) Motel u) Event Catering and Equipment Rental Services v) Pest Control and Janitorial Services w) Manufactured Housing Sales x) Automotive Sales, Rental or Leasing Facility y) Home Health Care Services z) Agricultural Sales aa) Personal Service, Restricted bb) Consumer Repair cc) Small Engine Repair dd) Kennel ee) Self-Storage, Indoor ff) Automotive Parts and Accessories, Outdoor gg) Automobile Repair and Service, Limited hh) Recreational Vehicle Sales, Rental and Service ii) Private Transport Service Dispatch Facility jj) Lumber Yard kk) Portable Classrooms ll) Outdoor Display, General mm) Outdoor Display, Off-Site Vehicles 4.14 The following are allowable uses in Zone B and Zone C: a) Live/work units consisting of ground level commercial space internally connected to residential units above. 4.15 The following uses are allowed with restrictions in Zone C: a) Fuel Sales—only allowed as a accessory use to a primary business or as a Limited uses as noted in 5.04.020 T if the specific location is clearly defined within the PUD document. b) Automobile Repair and Service, Limited: 1. Building may not front onto I-35 or Washam Drive All work shall take place within enclosed service bays. Free-standing facilities of a standardized prototype are not permitted. 2. Parking and storage of cars scheduled for service shall be in a parking lot or garage visually screened from adjacent uses. Attachment number 6 \nPage 5 of 21 Item # N 6 3. The facility must be staffed during all hours of operation. Automated, self service facilities are not permitted. 4. Exterior storage of inventory, parts, and supplies is not permitted. 5. MASTER SIGN PLAN 5.1 This PUD requires the development of a Master Sign Plan in accordance with Section 10.01.050 of the UDC. The Master Sign Plan shall be submitted to the City for approval by the Building Official prior to and as a condition for final approval of any site plan for this Property. Signage designed, developed or constructed within the Property shall comply with the approved Master Sign Plan. 6. ROADWAY INFRASTRUCTURE 1 A cul de sac turnaround will be provided for Janis Drive on the Property as well as decorative fencing and a fire access gate for emergency access. Vacation of the existing right-of-way for Janis Drive will have to go through the appropriate planning process. 6.2 After final approval of this PUD, the general alignment of proposed vehicular circulation may be modified from the proposed rendering shown in Exhibit “C” to accommodate Building locations on the approved site plan(s) and for the protection of trees and fire safety requirements. A schematic presentation of suggested internal vehicular circulation is depicted in Exhibit “C”, attached hereto and incorporated herein by reference. It is the intent of this PUD that vehicular streets internal to the Property and depicted as such in Exhibit “C” be considered as public streets. Design Details for public streets on the Property shall conform to Chapter 12 of the UDC. 6.3 Required drainage easements will be granted to facilitate improving the drainage conditions of Northwest Boulevard. Following a drainage study, Northwest Boulevard drainage will be included in the drainage solution of the overall property. The detention pond for the site and Northwest Boulevard may be built in phases for the entire PUD and for City drainage requirements in the area. Necessary easements and access will be provided to the City by the property owner when the first plat within the development is approved. Each site that develops will be granted the necessary easements for use of the pond for detention from the property owner(s). Attachment number 6 \nPage 6 of 21 Item # N 7 7. TREE PRESERVATION 7.1 Due to the concentration of Heritage Trees and Protected Trees in the area required for the WQ/Detention Pond, Heritage Trees and Protected Trees on this Property are allowed to be removed as follows: Single Trunk Heritage Trees (30” +) - 5 trees Single Trunk Heritage Trees (> 30”) - 2 trees Two Trunk Heritage Trees - 1 tree Multi Trunk Heritage Trees – 4 trees Protected Trees – 26 trees The removal of any trees must be justified by the pond design. Refer to Exhibit H for removals. If the pond is developed in phases, only trees within the area for the current phase may be removed. Tree mitigation calculations will be based on the actual trees removed as shown in the construction plans. Tree mitigation for these removals will be prorated across the remainder of the property on an acre by acre basis and tracked on the landscape plan submittals. No other single trunk Heritage Trees can be removed without amending the PUD. 7.2 A minimum of twenty percent (20%) of the total required tree mitigation for the detention pond including both Heritage Tree removal and Protected Tree removal shall be installed at the time of pond construction. These trees will not be allowed to be removed upon future individual site development without Director of Planning approval. This installation shall follow one of the following: a) These trees shall all be planted along the IH35 frontage and span the entire length of the property. That 20% shall be made up of all ornamental trees due to overhead electric lines. In this case the ornamentals will be counted by the City as shade trees thus meeting pre set mitigation tree requirements of the ordinance. The tree species can be anything from the "ornamental" section of the City of Georgetown's, Development Manual, Preferred Plant List. A mix of species shall be provided wherein no more than 25% of the plantings may be from the same species. All trees must be a minimum of a 15 gallon container. All trees installed as part of this 20% requirement will have irrigation installed at the same time; or, b) A planting plan approved by the Director of Planning. 8. BUILDING DESIGN & MATERIALS 8.1 All Buildings designed for and constructed on the Property for non-residential use will comply with the Non-Residential Design Standards set forth in Section 7.04 of the UDC unless otherwise provided for in this PUD. Attachment number 6 \nPage 7 of 21 Item # N 8 9. PUD MODIFICATIONS 9.1 This PUD represents the allowable uses and design standards for the Property. The concept plan, and the proposed pedestrian and vehicular circulation depicted in Exhibit “C” are illustrative only and do not represent final designs. Any minor modifications to the PUD will be considered and approved by the Director of Planning. Attachment number 6 \nPage 8 of 21 Item # N 9 LIST OF EXHIBITS 10.1 The following exhibits are attached hereto and incorporated herein by reference: A. Property Map with Tract or Lot Lines Designated B. Property Map with Zone Designations Outlined C. Property Map with Conceptual Land Use Plan D. Conceptual Pedestrian Circulation Plan E. Tree Survey F. Typed Field Notes Identifying the Property on Letter-sized Paper G. Tabulation of Total Square Footage and Residential Density H. Property Map with Heritage Trees Identified I. Reduced Copies on Letter-sized Paper (8.5” x 11”) of All Sheets of the Plan Attachment number 6 \nPage 9 of 21 Item # N (S 41°1 9 ' W 1717.14' O V E R A L L - R E C 3 A N D R E C 4 ) (N 26°36'57" E 208.87' - REC7) ( O V E R A L L C A L L - R E C 6 ) (S 38°2 8 ' W 438.64' O V E R A L L - R E C 1 ) ( S 5 8 ° 4 3 ' E 4 1 7 . 2 9 ' - R E C 1 ) (S 5 1 ° 1 7 E 1 4 5 . 2 2 ' R E C 1 ) (S 38°4 3 ' W 267.44' - R E C 1 ) (S 5 1 ° 1 7 ' E 2 1 9 . 4 9 ' - R E C 1 ) (N 39° 0 3 ' E 273.62' - R E C 1 ) (S 38°1 1 ' W 244.50' - R E C 1 ) (N 2 5 ° 1 7 ' W 20 1 . 6 2 ' - R E C 1 ) (S 2 5 ° 1 7 ' E 20 1 . 6 2 ' - R E C 1 ) (S 2 7 ° 2 8 ' 1 5 " E 14 9 . 1 6 ' - R E C 2 ) (S 4 8 ° 4 1 ' E 1 1 6 . 0 6 ' - R E C 4 ) (S 17° W 223.47' - RE C 5 ) ( N 8 7 ° 3 5 ' W 3 6 3 . 3 9 ' - R E C 5 ) ( N 8 7 ° 3 2 ' W 3 8 7 . 0 2 ' - R E C 5 ) ( N 8 7 ° 2 1 ' W 3 6 1 . 9 0 ' - R E C 6 ) ( N 8 7 ° 5 1 ' 1 0 " W 2 0 9 . 3 7 ' - R E C 7 ) (S 26°44.6' W1106.4 OVERALL - REC8) (N 29°36.4' E 801.0' - REC8)(S 26°44.6' W1426.2' - REC8) (N 27°04' E 202.26' - REC1) (S 38°43' W 141.12 - R E C 1 ) (R E C 1 ) (R E C 1 ) (REC1) (R E C 1 ) (REC1) (REC1) (REC1) (R E C 1 ) ( R E C 1 ) (R E C 4 ) (R E C 4 ) (R E C 4 ) (REC4) (REC 6 ) ( R E C 1 ) (REC1) (S 38°2 8 ' W 156.80' - R E C 1 ) ( R E C 1 ) (R E C 1 ) (R E C 1 ) (R E C 1 ) (R E C 1 ) ( R E C 1 ) (REC 1 ) S 26°38'55" W 1575.97' S 8 8 ° 0 9 ' 1 4 " E 2 1 1 . 9 6 ' S 26°46'35" W 211.36' A. FL O R E S S U R V E Y ABST R A C T N O . 4 9 7 N. PO R T E R S U R V E Y ABST R A C T N O . 2 3 5 APPR O X I M A T E S U R V E Y L I N E PER T E X A S N A T U R A L R E S O U R C E S I N F O R M A T I O N S Y S T E M G I S D A T A 1 / 2 " I P F I N C O N O R A N G E C A P 3 / 8 " I P F N O C A P 5 / 8 " I P F N O C A P 5 / 8 " I P F N O C A P 3 / 8 " I P F N O C A P 3 / 8 " I P F N O C A P Y E L L O W C A P " C S L T D " 5 / 8 " I P F N O C A P 5 / 8 " I P F N O C A P 1 / 2 " I P F I N C O N O R A N G E C A P " R P L S 5 7 8 4 " 1 / 2 " I P F I N C O N O R A N G E C A P " R P L S 5 7 8 4 " 3 " B R A S S D I S K I N C O N " C H A P A R R A L " O R A N G E C A P " R P L S 5 7 8 4 " 1 / 2 " I P F I N C O N O R A N G E C A P O R A N G E C A P N 38°29 ' 2 3 " E 1716.06' L1 0 L1 1 L1 2 L13 N 5 1 ° 3 7 ' 1 1 " W 11 6 . 9 2 ' N 16°43'09 " E 222.51' S 8 7 ° 5 6 ' 2 0 " E 3 6 3 . 5 3 ' S 8 7 ° 4 1 ' 1 2 " E 3 8 6 . 7 5 ' S 8 7 ° 3 4 ' 1 1 " E 3 6 1 . 3 3 ' L14 L 1 5 S 26°49'25" W 209.02' S 8 7 ° 3 3 ' 2 8 " E 2 1 1 . 1 4 ' S 26°46'35" W 894.88'S 29°38'32" W 801.00' S 26°48'48" W 1424.78' S 27°09'30" W 199.94' N 5 9 ° 0 4 ' 1 3 " W 4 1 6 . 6 3 ' L1 L2 L3 N 5 1 ° 1 4 ' 2 1 " W 14 2 . 7 2 ' N 37°45' 3 5 " E 141.22' N 38°45 ' 5 6 " E 267.38' L4 N 5 1 ° 2 0 ' 2 2 " W 2 1 9 . 2 9 ' S 38°57' 1 1 " W 273.41' C 1 L 7 N 38°03' 1 4 " E 244.36' N 38°23' 1 9 " E 438.28' L8 N 38°29' 0 8 " E 156.46' N 2 7 ° 2 2 ' 5 8 " W 14 9 . 6 8 ' L 9 C2 C3 N 2 5 ° 2 5 ' 1 2 " W 20 1 . 7 1 ' S 2 5 ° 2 6 ' 1 1 " E 20 1 . 9 0 ' C4 C5 C 6 C7 L16 L1 7 L6 L5 2 1 G A T E W A Y N O R T H W E S T C A B . G , S L D . 1 2 1 P . R . W . C . WASHA M D R I V E WASHA M D R I V E JA N I S D R I V E 3 . 9 4 A C J A Y W O L F V O L U M E 4 5 7 , P A G E 5 8 9 D . R . W . C . GA T E W A Y N O R T H W E S T C A B . G , S L D . 1 2 1 P. R . W . C . J A Y W O L F V O L U M E 4 5 7 , P A G E 5 8 9 D . R . W . C . 7 2 . 7 9 A C G A T E W A Y N O R T H W E S T C A B . G , S L D . 1 2 1 P . R . W . C . (RIGHT OF WAY VARIES) ME M 3 5 , L T D . DO C . N o . 2 0 2 0 1 6 1 1 0 O. P . R . W . C . M . I . S U M M E R L I N & J . E . S P R I N G , T R U S T E E S V O L . 1 1 2 2 , P G . 3 7 3 O . R . W . C . G O L D E N O A K S C A B . B , S L D . 3 9 4 P . R . W . C . GARDEN V I E W D R I V E G O L D E N C R E S T D R I V E W I L L I A M S A D D I T I O N U N I T 7 C A B . E , S L D . 9 1 P . R . W . C . GO L D E N V I S T A D R I V E W I L L I A M S A D D I T I O N U N I T 6 C A B . D , S L D . 2 8 2 P . R . W . C . G A R D E N V I L L A D R I V E G E O R G E T O W N H O U S I N G A U T H O R I T Y D O C . N o . 2 0 0 8 0 5 0 7 0 1 O . P . R . W . C . JA N I S D R I V E W E L L S F A R G O B A N K D O C . N o . 2 0 0 9 0 9 2 8 0 5 O . P . R . W . C . T E X A S L . A . W . A D D I T I O N C A B . E , S L D . 3 6 1 P . R . W . C . T R A C T 2 T R A C T 1 INTERSTATE HIGHWAY -35 N O R T H W E S T B O U L E V A R D S 26°38'55" W 1575.97' S 8 8 ° 0 9 ' 1 4 " E 2 1 1 . 9 6 ' S 26°46'35" W 211.36' 1 / 2 " I P F I N C O N O R A N G E C A P 3 / 8 " I P F N O C A P 5 / 8 " I P F N O C A P 5 / 8 " I P F N O C A P 3 / 8 " I P F N O C A P 3 / 8 " I P F N O C A P Y E L L O W C A P " C S L T D " 5 / 8 " I P F N O C A P 5 / 8 " I P F N O C A P 1 / 2 " I P F I N C O N O R A N G E C A P " R P L S 5 7 8 4 " 1 / 2 " I P F I N C O N O R A N G E C A P " R P L S 5 7 8 4 " 3 " B R A S S D I S K I N C O N " C H A P A R R A L " O R A N G E C A P " R P L S 5 7 8 4 " 1 / 2 " I P F I N C O N O R A N G E C A P O R A N G E C A P O R A N G E C A P " R P L S 5 7 8 4 " O R A N G E C A P C O T T O N S P I N D L E F O U N D L1 L2 N 37°45' 3 5 " E 141.22' N 39°1 1 ' 2 6 " E 271.95' S 5 2 ° 1 8 ' 4 0 " W 19 9 . 5 0 ' L3 (S 38°43' W 141.12 - R E C 1 ) (R E C 1 ) (R E C 1 ) (R E C 9 ) (S 5 2 ° 1 4 ' 5 6 " W 19 9 . 5 9 ' - R E C 9 ) (N 38° 3 7 ' 2 7 " E 271.95' - R E C 9 ) Fo n t a n a P l a z a Pl a n n e d U n i t D e v e l o p m e n t PR O P E R T Y M A P Conceptual site plan.Final site plan may vary. FEET 60 120 2400 B MW G R O U P N A Attachment number 6 \nPage 10 of 21 Item # N (S 41°1 9 ' W 1717.14' O V E R A L L - R E C 3 A N D R E C 4 ) (N 26°36'57" E 208.87' - REC7) ( O V E R A L L C A L L - R E C 6 ) (S 38°2 8 ' W 438.64' O V E R A L L - R E C 1 ) ( S 5 8 ° 4 3 ' E 4 1 7 . 2 9 ' - R E C 1 ) (S 5 1 ° 1 7 E 1 4 5 . 2 2 ' R E C 1 ) (S 38°4 3 ' W 267.44' - R E C 1 ) (S 5 1 ° 1 7 ' E 2 1 9 . 4 9 ' - R E C 1 ) (N 39° 0 3 ' E 273.62' - R E C 1 ) (S 38°1 1 ' W 244.50' - R E C 1 ) (N 2 5 ° 1 7 ' W 20 1 . 6 2 ' - R E C 1 ) (S 2 5 ° 1 7 ' E 20 1 . 6 2 ' - R E C 1 ) (S 2 7 ° 2 8 ' 1 5 " E 14 9 . 1 6 ' - R E C 2 ) (S 4 8 ° 4 1 ' E 1 1 6 . 0 6 ' - R E C 4 ) (S 17° W 223.47' - RE C 5 ) ( N 8 7 ° 3 5 ' W 3 6 3 . 3 9 ' - R E C 5 ) ( N 8 7 ° 3 2 ' W 3 8 7 . 0 2 ' - R E C 5 ) ( N 8 7 ° 2 1 ' W 3 6 1 . 9 0 ' - R E C 6 ) ( N 8 7 ° 5 1 ' 1 0 " W 2 0 9 . 3 7 ' - R E C 7 ) (S 26°44.6' W1106.4 OVERALL - REC8) (N 29°36.4' E 801.0' - REC8)(S 26°44.6' W1426.2' - REC8) (N 27°04' E 202.26' - REC1) (S 38°43' W 141.12 - R E C 1 ) (R E C 1 ) (R E C 1 ) (REC1) (R E C 1 ) (REC1) (REC1) (REC1) (R E C 1 ) ( R E C 1 ) (R E C 4 ) (R E C 4 ) (R E C 4 ) (REC4) (REC 6 ) ( R E C 1 ) (REC1) (S 38°2 8 ' W 156.80' - R E C 1 ) ( R E C 1 ) (R E C 1 ) (R E C 1 ) (R E C 1 ) (R E C 1 ) ( R E C 1 ) (REC 1 ) S 26°38'55" W 1575.97' S 8 8 ° 0 9 ' 1 4 " E 2 1 1 . 9 6 ' S 26°46'35" W 211.36' A. FL O R E S S U R V E Y ABST R A C T N O . 4 9 7 N. PO R T E R S U R V E Y ABST R A C T N O . 2 3 5 APP R O X I M A T E S U R V E Y L I N E PER T E X A S N A T U R A L R E S O U R C E S I N F O R M A T I O N S Y S T E M G I S D A T A 1 / 2 " I P F I N C O N O R A N G E C A P 3 / 8 " I P F N O C A P 5 / 8 " I P F N O C A P 5 / 8 " I P F N O C A P 3 / 8 " I P F N O C A P 3 / 8 " I P F N O C A P Y E L L O W C A P " C S L T D " 5 / 8 " I P F N O C A P 5 / 8 " I P F N O C A P 1 / 2 " I P F I N C O N O R A N G E C A P " R P L S 5 7 8 4 " 1 / 2 " I P F I N C O N O R A N G E C A P " R P L S 5 7 8 4 " 3 " B R A S S D I S K I N C O N " C H A P A R R A L " O R A N G E C A P " R P L S 5 7 8 4 " 1 / 2 " I P F I N C O N O R A N G E C A P O R A N G E C A P N 38°29' 2 3 " E 1716.06' L1 0 L1 1 L1 2 L13 N 5 1 ° 3 7 ' 1 1 " W 11 6 . 9 2 ' N 16°43'09 " E 222.51' S 8 7 ° 5 6 ' 2 0 " E 3 6 3 . 5 3 ' S 8 7 ° 4 1 ' 1 2 " E 3 8 6 . 7 5 ' S 8 7 ° 3 4 ' 1 1 " E 3 6 1 . 3 3 ' L14 L 1 5 S 26°49'25" W 209.02' S 8 7 ° 3 3 ' 2 8 " E 2 1 1 . 1 4 ' S 26°46'35" W 894.88'S 29°38'32" W 801.00' S 26°48'48" W 1424.78' S 27°09'30" W 199.94' N 5 9 ° 0 4 ' 1 3 " W 4 1 6 . 6 3 ' L1 L2 L3 N 5 1 ° 1 4 ' 2 1 " W 14 2 . 7 2 ' N 37°45' 3 5 " E 141.22' N 38°45' 5 6 " E 267.38' L4 N 5 1 ° 2 0 ' 2 2 " W 21 9 . 2 9 ' S 38°57' 1 1 " W 273.41' C 1 L 7 N 38°03' 1 4 " E 244.36' N 38°23' 1 9 " E 438.28' L8 N 38°29' 0 8 " E 156.46' N 2 7 ° 2 2 ' 5 8 " W 14 9 . 6 8 ' L 9 C2 C3 N 2 5 ° 2 5 ' 1 2 " W 20 1 . 7 1 ' S 2 5 ° 2 6 ' 1 1 " E 20 1 . 9 0 ' C4 C5 C 6 C7 L16 L1 7 L6 L5 2 1 G A T E W A Y N O R T H W E S T C A B . G , S L D . 1 2 1 P . R . W . C . WASHA M D R I V E WASHA M D R I V E JA N I S D R I V E 3 . 9 4 A C J A Y W O L F V O L U M E 4 5 7 , P A G E 5 8 9 D . R . W . C . GA T E W A Y N O R T H W E S T C A B . G , S L D . 1 2 1 P. R . W . C . J A Y W O L F V O L U M E 4 5 7 , P A G E 5 8 9 D . R . W . C . 7 2 . 7 9 A C G A T E W A Y N O R T H W E S T C A B . G , S L D . 1 2 1 P . R . W . C . (RIGHT OF WAY VARIES) ME M 3 5 , L T D . DO C . N o . 2 0 2 0 1 6 1 1 0 O. P . R . W . C . M . I . S U M M E R L I N & J . E . S P R I N G , T R U S T E E S V O L . 1 1 2 2 , P G . 3 7 3 O . R . W . C . G O L D E N O A K S C A B . B , S L D . 3 9 4 P . R . W . C . GARDEN V I E W D R I V E G O L D E N C R E S T D R I V E W I L L I A M S A D D I T I O N U N I T 7 C A B . E , S L D . 9 1 P . R . W . C . G O L D E N V I S T A D R I V E W I L L I A M S A D D I T I O N U N I T 6 C A B . D , S L D . 2 8 2 P . R . W . C . G A R D E N V I L L A D R I V E G E O R G E T O W N H O U S I N G A U T H O R I T Y D O C . N o . 2 0 0 8 0 5 0 7 0 1 O . P . R . W . C . JA N I S D R I V E W E L L S F A R G O B A N K D O C . N o . 2 0 0 9 0 9 2 8 0 5 O . P . R . W . C . T E X A S L . A . W . A D D I T I O N C A B . E , S L D . 3 6 1 P . R . W . C . T R A C T 2 T R A C T 1 INTERSTATE HIGHWAY -35 N O R T H W E S T B O U L E V A R D S 26°38'55" W 1575.97' S 8 8 ° 0 9 ' 1 4 " E 2 1 1 . 9 6 ' S 26°46'35" W 211.36' 1 / 2 " I P F I N C O N O R A N G E C A P 3 / 8 " I P F N O C A P 5 / 8 " I P F N O C A P 5 / 8 " I P F N O C A P 3 / 8 " I P F N O C A P 3 / 8 " I P F N O C A P Y E L L O W C A P " C S L T D " 5 / 8 " I P F N O C A P 5 / 8 " I P F N O C A P 1 / 2 " I P F I N C O N O R A N G E C A P " R P L S 5 7 8 4 " 1 / 2 " I P F I N C O N O R A N G E C A P " R P L S 5 7 8 4 " 3 " B R A S S D I S K I N C O N " C H A P A R R A L " O R A N G E C A P " R P L S 5 7 8 4 " 1 / 2 " I P F I N C O N O R A N G E C A P O R A N G E C A P O R A N G E C A P " R P L S 5 7 8 4 " O R A N G E C A P C O T T O N S P I N D L E F O U N D L1 L2 N 37°45' 3 5 " E 141.22' N 39°1 1 ' 2 6 " E 271.95' S 5 2 ° 1 8 ' 4 0 " W 19 9 . 5 0 ' L3 (S 38°43' W 141.12 - R E C 1 ) (R E C 1 ) (R E C 1 ) (R E C 9 ) ( S 5 2 ° 1 4 ' 5 6 " W 19 9 . 5 9 ' - R E C 9 ) (N 38° 3 7 ' 2 7 " E 271.95' - R E C 9 ) ZONE 'A' ZONE 'B'ZONE 'C' ZONE 'A' ZONE 'B'ZONE 'C' Fo n t a n a P l a z a Pl a n n e d U n i t D e v e l o p m e n t DE V E L O P M E N T Z O N E S Conceptual site plan.Final site plan may vary. FEET 60 120 2400 B MW G R O U P N B Attachment number 6 \nPage 11 of 21 Item # N GA R D E N V I L L A D R I V E GO L D E N V I S T A D R I V E GO L D E N C R E S T D R I V E GARDEN V I E W D R I V E PR I V A T E A C C E S S I-35 FRONTAGE ROAD NO R T H W E S T B L V D . WASHA M D R I V E NO R T H W E S T B L V D . HOTEL RESTAURANT RETAIL TOWN HOME RETAIL RETAIL HOUSING FOUNDATION WATER QUALITY | DETENTION MULTI FAMILY RESIDENTIAL COLLECTOR STREET RESIDENTIAL LOCAL STREET PRIVATE ACCESS LEGEND Fo n t a n a P l a z a Pl a n n e d U n i t D e v e l o p m e n t LA N D U S E P L A N Conceptual site plan.Final site plan may vary. FEET 60 120 2400 B MW G R O U P N C Attachment number 6 \nPage 12 of 21 Item # N (S 41°1 9 ' W 1717.14' O V E R A L L - R E C 3 A N D R E C 4 ) (N 26°36'57" E 208.87' - REC7) ( O V E R A L L C A L L - R E C 6 ) (S 38°2 8 ' W 438.64' O V E R A L L - R E C 1 ) ( S 5 8 ° 4 3 ' E 4 1 7 . 2 9 ' - R E C 1 ) (S 5 1 ° 1 7 E 1 4 5 . 2 2 ' R E C 1 ) (S 38°4 3 ' W 267.44' - R E C 1 ) (S 5 1 ° 1 7 ' E 2 1 9 . 4 9 ' - R E C 1 ) (N 39°0 3 ' E 273.62' - R E C 1 ) (S 38°11' W 244.50' - R E C 1 ) (N 2 5 ° 1 7 ' W 20 1 . 6 2 ' - R E C 1 ) (S 2 5 ° 1 7 ' E 20 1 . 6 2 ' - R E C 1 ) (S 2 7 ° 2 8 ' 1 5 " E 14 9 . 1 6 ' - R E C 2 ) (S 4 8 ° 4 1 ' E 1 1 6 . 0 6 ' - R E C 4 ) (S 17° W 223.47' - R E C 5 ) ( N 8 7 ° 3 5 ' W 3 6 3 . 3 9 ' - R E C 5 ) ( N 8 7 ° 3 2 ' W 3 8 7 . 0 2 ' - R E C 5 ) ( N 8 7 ° 2 1 ' W 3 6 1 . 9 0 ' - R E C 6 ) ( N 8 7 ° 5 1 ' 1 0 " W 2 0 9 . 3 7 ' - R E C 7 ) (S 26°44.6' W1106.4 OVERALL - REC8) (N 29°36.4' E 801.0' - REC8)(S 26°44.6' W1426.2' - REC8) (N 27°04' E 202.26' - REC1) (S 38°43' W 141.12 - R E C 1 ) (R E C 1 ) (R E C 1 ) (REC1) (R E C 1 ) (REC1) (REC1) (REC1) (R E C 1 ) ( R E C 1 ) (R E C 4 ) (R E C 4 ) (R E C 4 ) (REC4) (REC 6 ) ( R E C 1 ) (REC1) (S 38°2 8 ' W 156.80' - R E C 1 ) ( R E C 1 ) (R E C 1 ) (R E C 1 ) (R E C 1 ) (R E C 1 ) ( R E C 1 ) (REC 1 ) A. FL O R E S S U R V E Y ABST R A C T N O . 4 9 7 N. PO R T E R S U R V E Y ABST R A C T N O . 2 3 5 APPR O X I M A T E S U R V E Y L I N E PER T E X A S N A T U R A L R E S O U R C E S I N F O R M A T I O N S Y S T E M G I S D A T A N 38°29' 2 3 " E 1716.06' L1 0 L1 1 L1 2 L13 N 5 1 ° 3 7 ' 1 1 " W 11 6 . 9 2 ' N 16°43'09" E 222.51' S 8 7 ° 5 6 ' 2 0 " E 3 6 3 . 5 3 ' S 8 7 ° 4 1 ' 1 2 " E 3 8 6 . 7 5 ' S 8 7 ° 3 4 ' 1 1 " E 3 6 1 . 3 3 ' L14 L 1 5 S 26°49'25" W 209.02' S 8 7 ° 3 3 ' 2 8 " E 2 1 1 . 1 4 ' S 26°46'35" W 894.88'S 29°38'32" W 801.00' S 26°48'48" W 1424.78' S 27°09'30" W 199.94' N 5 9 ° 0 4 ' 1 3 " W 4 1 6 . 6 3 ' L1 L2 L3 N 5 1 ° 1 4 ' 2 1 " W 1 4 2 . 7 2 ' N 37°45' 3 5 " E 141.22' N 38°4 5 ' 5 6 " E 267.38' L4 N 5 1 ° 2 0 ' 2 2 " W 21 9 . 2 9 ' S 38°5 7 ' 1 1 " W 273.41' C 1 L 7 N 38°03' 1 4 " E 244.36' N 38°23' 1 9 " E 438.28' L8 N 38°29' 0 8 " E 156.46' N 2 7 ° 2 2 ' 5 8 " W 14 9 . 6 8 ' L 9 C2 C3 N 2 5 ° 2 5 ' 1 2 " W 20 1 . 7 1 ' S 2 5 ° 2 6 ' 1 1 " E 20 1 . 9 0 ' C4 C5 C 6 C7 L16 L1 7 L6 L5 GA R D E N V I L L A D R I V E GO L D E N V I S T A D R I V E GO L D E N C R E S T D R I V E GARDEN V I E W D R I V E PR I V A T E A C C E S S I-35 FRONTAGE ROAD NO R T H W E S T B L V D . WASHA M D R I V E NO R T H W E S T B L V D . 8' SIDEWALK 5' SIDEWALK LEGEND FEET 60 120 2400 B MW G R O U P N D Fo n t a n a P l a z a Pl a n n e d U n i t D e v e l o p m e n t PE D E S T R I A N C I R C U L A T I O N Conceptual site plan.Final site plan may vary. 8' SIDEWALK 5' SIDEWALK LEGEND Attachment number 6 \nPage 13 of 21 Item # N 9628257 TEXAS L.A.W. ADDITION CAB. E, SLD. 361 P.R.W.C. SCOFIE L D P R O P E R T I E S , L L C . DOC. N o . 2 0 0 5 0 3 2 3 5 3 O.P.R.W . C . SCOFIE L D P R O P E R T I E S , L L C . DOC. N o . 2 0 0 5 0 3 2 3 5 1 O.P.R.W . C . NORTH W E S T R E T A I L S U B D . CAB. Y , S L D . 3 7 5 P.R.W. C . GATEWAY NORTHWEST CAB. G, SLD. 121 P.R.W.C. WELLS FARGO BANK DOC. No.2009092805 O.P.R.W.C. JANIS D R I V E GEORGETOWN HOUSING AUTHORITY DOC. No. 2008050701 O.P.R.W.C. GARD E N V I L L A D R I V E WILLIAMS ADDITION UNIT 6 CAB. D, SLD. 282 P.R.W.C. GOLDEN VISTA DRIVE WILLIAMS ADDITION UNIT 7 CAB. E, SLD. 91 P.R.W.C. GOLDEN CRE S T D R I V E G A R D E N V I E W D R I V E GOLDEN OAKS CAB. B, SLD. 394 P.R.W.C.M.I. SUMMERLIN & J.E. SPRING, TRUSTEES VOL. 1122, PG. 373 O.R.W.C. MEM 3 5 , L T D . DOC. N o . 2 0 2 0 1 6 1 1 0 O.P.R . W . C . (R I G H T O F W A Y V A R I E S ) GATEWAY NORTHWEST CAB. G, SLD. 121 P.R.W.C. 72.79 AC JAY WOLF VOLUME 457, PAGE 589 D.R.W.C. G A T E W A Y N O R T H W E S T C A B . G , S L D . 1 2 1 P . R . W . C . JAY WOLF VOLUME 457, PAGE 589 D.R.W.C. BEARINGS CITED HEREON BASED ON GRID NORTH TEXAS STATE PLANE COORDINATE SYSTEM (NAD83) 3.94 AC J A N I S D R I V E W A S H A M D R I V E W A S H A M D R I V E 1 2 N O R T H W E S T B O U L E V A R D IN T E R S T A T E H I G H W A Y - 3 5 TRACT 1 TRACT 2 (S 3 8 ° 2 8 ' W 438 . 6 4 ' O V E R A L L - R E C 1 ) (S 4 1 ° 1 9 ' W 171 7 . 1 4 ' O V E R A L L - R E C 3 A N D R E C 4 ) (OVERALL CALL - REC6) (N 2 6 ° 3 6 ' 5 7 " E 2 0 8 . 8 7 ' - R E C 7 ) (S 58°43' E 417.29' - REC1) (S 5 1 ° 1 7 E 1 4 5 . 2 2 ' R E C 1 ) (S 3 8 ° 4 3 ' W 267 . 4 4 ' - R E C 1 ) (S 5 1 ° 1 7 ' E 2 1 9 . 4 9 ' - R E C 1 ) (N 3 9 ° 0 3 ' E 273 . 6 2 ' - R E C 1 ) (S 3 8 ° 1 1 ' W 244 . 5 0 ' - R E C 1 ) ( N 2 5 ° 1 7 ' W 2 0 1 . 6 2 ' - R E C 1 ) ( S 2 5 ° 1 7 ' E 2 0 1 . 6 2 ' - R E C 1 ) ( S 2 7 ° 2 8 ' 1 5 " E 1 4 9 . 1 6 ' - R E C 2 ) (S 4 8 ° 4 1 ' E 1 1 6 . 0 6 ' - R E C 4 ) (S 1 7 ° W 2 2 3 . 4 7 ' - R E C 5 ) (N 87°35' W 363.39' - REC5) (N 87°32' W 387.02' - REC5) (N 87°21' W 361.90' - REC6) (N 87°51'10" W 209.37' - REC7) (S 2 6 ° 4 4 . 6 ' W 1 1 0 6 . 4 O V E R A L L - R E C 8 ) (N 2 9 ° 3 6 . 4 ' E 8 0 1 . 0 ' - R E C 8 ) (S 2 6 ° 4 4 . 6 ' W 1 4 2 6 . 2 ' - R E C 8 ) (N 2 7 ° 0 4 ' E 2 0 2 . 2 6 ' - R E C 1 ) (S 3 8 ° 4 3 ' W 141 . 1 2 - R E C 1 ) ( R E C 1 ) ( R E C 1 ) (R E C 1 ) ( R E C 1 ) (RE C 1 ) (R E C 1 ) (R E C 1 ) ( R E C 1 ) (REC1 ) ( R E C 4 ) (R E C 4 ) ( R E C 4 ) (R E C 4 ) ( R E C 6 ) ( R E C 1 ) (R E C 1 ) (S 3 8 ° 2 8 ' W 156 . 8 0 ' - R E C 1 ) (REC1) ( R E C 1 ) ( R E C 1 ) (R E C 1 ) (R E C 1 ) (REC1) ( R E C 1 ) TRACT 1 TRACT 1 POINT OF BEGINNING POINT OF BEGINNING S 2 6 ° 3 8 ' 5 5 " W 1 5 7 5 . 9 7 ' S 88°09'14" E 211.96' S 2 6 ° 4 6 ' 3 5 " W 2 1 1 . 3 6 ' S 2 6 ° 4 7 ' 0 4 " W 4 4 8 . 1 6 ' A . F L O R E S S U R V E Y A B S T R A C T N O . 4 9 7 N . P O R T E R S U R V E Y A B S T R A C T N O . 2 3 5 A P P R O X I M A T E S U R V E Y L I N E P E R T E X A S N A T U R A L R E S O U R C E S I N F O R M A T I O N S Y S T E M G I S D A T A T150 T45 T44 T43 T42 T40 T39 T38 T41 T46 T47T2018T49 T48 T151 T2000 T2002 T2003 T2001 T2004 T2005 T2006 T2007 T2016 T2017 T2008 T2012 T2009 T2010T2011 T2015 T2014 T1011 T1009 T1010 T1008 T2138 T2137 T2136 T2135 T2134 T2075 T2074 T2073 T2077 T2076 T2156 T2157 T2079 T2078 T2080 T2081 T1007 T1006 T126 T127 T128 T125 T129 T124 T123 T100 T101 T102 T2133 T103 T105 T107T106 T104 T110 T109 T108 T1004 T1003 T114 T112 T111 T113 T1002 T52 T53 T54 T55 T56 T57 T58 T59 T60 T61 T62 T63 T64 T65 T66 T67 T68 T69 T70 T71 T72 T73 T74 T75T76 T8 T190 T3000 T1001 T1000 T2149 T3001 T2152 T2151 T2150T2153 T2154 T2155 T1012 T2131 T2132 T1005 T2139 T2140 T2142 T2141 T2143 T2144 T37 T14 T13 T15 T16 T28 T25 T26 T27 T24 T23 T22 T21 T20 T19 T18T17 T5 T7T6 T36 T29 T30 T31 T32 T33 T34 T35 T2146 T2145 T1 T2 T3 T4 T50 T51 T10 T9 T12 T11 T152 T154 T153 T169 T168 T170 T171 T155 T156 T157 T158 T159 T160 T161 T172 T173 T174 T2147 T2148 T175 T182 T182A T180 T179 T178 T177 T176 T185 T184 T183 T186 T188 T187 T189 T2019 T2020 T2021 T2022 T2023 T2024 T2025 T2026 T2028 T2029 T2027 T2030 T2062 T2063 T2071 T2070 T2061 T2060 T2031 T2032 T2034 T2033 T2035 T2059 T2058 T2057 T2055 T2054 T2040 T2038 T2039 T2037 T2036 T2041 T2048 T2047 T2049 T2050 T2051 T2052 T2053 T2056 T2042 T2043 T2044 T2045 T2046 T2064 T2065 T2069 T2072 T2068 T2067 T2066 T2013 T2103 T2104 T2105 T2106 T2107 T2108 T2121 T2118T2119 T2120 T2117 T2124 T2125 T2123 T2122 T2082 T2116 T2114 T2113 T2112 T2111 T2115 T2110 T2109 T130 T122 T131 T132 T121 T120 T119 T117 T118 T116 T115 T2126 T2127 T2128 T2129 T2130 T2097 T2095 T2096 T2094 T2093 T2092 T2089 T2088 T2087 T2084 T2086 T2085 T2090 T2091 T2083 T2102 T2101T2100 T2099 T2098 T167T165 T163 T164 T166 T162 1/2" IPF IN CON ORANGE CAP 3/8" IPF NO CAP 5/8" IPF NO CAP 5/8" IPF NO CAP 3/8" IPF NOCAP 3/8" IPF NO CAP YELLOW CAP "CS LTD" 5/8" IPF NO CAP 5/8" IPF NO CAP 1/2" IPF IN CON ORANGE CAP "RPLS 5784" 1/2" IPF IN CON ORANGE CAP "RPLS 5784" 3" BRASS DISK IN CON "CHAPARRAL" ORANGE CAP "RPLS 5784" 1/2" IPF IN CON ORANGE CAP ORANGE CAP N 3 8 ° 2 9 ' 2 3 " E 17 1 6 . 0 6 ' L10 L1 1 L12 L1 3 N 5 1 ° 3 7 ' 1 1 " W 11 6 . 9 2 ' N 1 6 ° 4 3 ' 0 9 " E 22 2 . 5 1 ' S 87°56'20" E 363.53'S 87°41'12" E 386.75'S 87°34'11" E 361.33' L 1 4 L15 S 2 6 ° 4 9 ' 2 5 " W 20 9 . 0 2 ' S 87°33'28" E 211.14' S 2 6 ° 4 6 ' 3 5 " W 89 4 . 8 8 ' S 2 9 ° 3 8 ' 3 2 " W 80 1 . 0 0 ' S 2 6 ° 4 8 ' 4 8 " W 14 2 4 . 7 8 ' S 2 7 ° 0 9 ' 3 0 " W 19 9 . 9 4 ' N 5 9 ° 0 4 ' 1 3 " W 41 6 . 6 3 ' L 1 L 2 L3 N 5 1 ° 1 4 ' 2 1 " W 1 4 2 . 7 2 ' N 3 7 ° 4 5 ' 3 5 " E 14 1 . 2 2 ' N 3 8 ° 4 5 ' 5 6 " E 26 7 . 3 8 ' L4 N 5 1 ° 2 0 ' 2 2 " W 2 1 9 . 2 9 ' S 3 8 ° 5 7 ' 1 1 " W 27 3 . 4 1 ' C1 L7 N 3 8 ° 0 3 ' 1 4 " E 24 4 . 3 6 ' N 3 8 ° 2 3 ' 1 9 " E 43 8 . 2 8 ' L8 N 3 8 ° 2 9 ' 0 8 " E 15 6 . 4 6 ' N 2 7 ° 2 2 ' 5 8 " W 1 4 9 . 6 8 ' L9 C 2 C 3 N 2 5 ° 2 5 ' 1 2 " W 2 0 1 . 7 1 ' S 2 5 ° 2 6 ' 1 1 " E 2 0 1 . 9 0 ' C 4 C 5 C6 C 7 L1 6 L 1 7 L6 L5 EXHIBIT TO ACCOMPANY FIELD NOTES WILLIAMSON COUNTY TEXAS TRACT 1 - 72.79 ACRES OUT OF THE A. FLORES SURVEY, ABSTRACT NO. 497 AND THE N. PORTER SURVEY, ABSTRACT NO. 235 TRACT 2 - 3.94 ACRES OUT OF THE N. PORTER SURVEY, ABSTRACT NO. 235 SHEET OF Castleberry Surveying, Ltd. FENCE POST 1/2" IRON PIN SET 1/2" IRON PIN FOUND w/YELLOW PLASTIC CAP "CS, LTD" (UNLESS OTHERWISE NOTED) PLAT RECORDS WILLIAMSON CO. OFFICIAL RECORDS WILLIAMSON CO. DEED RECORDS WILLIAMSON CO. P.R.W.C. O.R.W.C. D.R.W.C. TXDOT CONCRETE MONUMENT OFFICIAL PUBLIC RECORDS WILLIAMSON CO.O.P.R.W.C. 3613 Williams Drive, Suite 903 - Georgetown, Texas 78628 (512) 930-1600/(512) 930-9389 fax www.castleberrysurveying.com LEGEND 1 1 E Attachment number 6 \nPage 14 of 21 Item # N TAG# 1 2 3 4 5 6 7 8 10 11 12 13 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 TYPE ELM ELM ELM POST OAK ELM POST OAK ELM POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK ELM ELM ELM ELM POST OAK POST OAK ELM POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK ELM ELM ELM ELM ELM LIVE OAK LIVE OAK LIVE OAK LIVE OAK ELM LIVE OAK LIVE OAK LIVE OAK CHARACTERISTICS SINGLE SINGLE SINGLE SINGLE TRIPLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE TWIN TWIN TWIN SINGLE SINGLE TWIN SINGLE TRIPLE SINGLE SINGLE SINGLE SINGLE SINGLE DIAMETER (INCHES) 14 15 16 23 16, 14, 10 31 19 19 17 22 25 13 28 18 21 22 26 18 14 16 13 25 27 23 19 28 29 23 27 21 22 21 20 21 21 21 19 15, 11 13, 9 12, 12 12 12 13, 10 12 12, 7, 6 12 14 16 13 15 TAG# 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 TYPE LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK ELM LIVE OAK ELM ELM LIVE OAK LIVE OAK LIVE OAK LIVE OAK ELM LIVE OAK LIVE OAK ELM POST OAK ELM ELM LIVE OAK ELM SPANISH OAK SPANISH OAK SPANISH OAK ELM ELM ELM ELM ELM LIVE OAK ELM ELM LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK CHARACTERISTICS SINGLE SINGLE QUAD SINGLE SINGLE SINGLE TWIN SINGLE SINGLE SINGLE TWIN SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE TRIPLE TWIN TWIN SINGLE SINGLE SINGLE SINGLE TWIN TRIPLE DIAMETER (INCHES) 13 17 13, 12, 10, 6 17 17 36 24, 8 14 13 12 26, 26 13 13 16 12 13 24 14 12 14 12 17 17 14 18 14 20 18 27 13 16 12 15 14 32 14 15 16 29 13 12 23, 20, 17 17, 13 19, 16 23 18 20 29 20, 18 15, 13, 13 TAG# 124 125 126 127 128 129 130 131 132 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 182 182A 183 184 185 186 187 188 189 190 TYPE LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK ELM ELM POST OAK POST OAK POST OAK ELM POST OAK POST OAK ELM ELM POST OAK POST OAK POST OAK POST OAK POST OAK ELM ELM POST OAK ELM ELM PECAN POST OAK POST OAK ELM POST OAK POST OAK POST OAK ELM POST OAK ELM ELM ELM POST OAK ELM POST OAK POST OAK ELM POST OAK CHARACTERISTICS SINGLE SINGLE SINGLE SINGLE SINGLE TWIN SINGLE SINGLE SINGLE SINGLE TWIN SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE TWIN SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE TWIN TWIN SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE TWIN SINGLE SINGLE SINGLE SINGLE DIAMETER (INCHES) 51 49 27 31 38 24, 18 43 31 38 27 13, 10 24 12 12 24 22 28 14 20 13, 5 12 13 15 14 13 16 36 15 14 24 12 16 47 1 14, 11 13, 11 13 13 13 12 16 13 14 12 20 15, 12 20 21 12 36 TAG# 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 TYPE ELM POST OAK ELM ELM ELM LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK ELM LIVE OAK LIVE OAK ELM ELM LIVE OAK ELM LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK ELM LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK ELM LIVE OAK LIVE OAK LIVE OAK LIVE OAK ELM ELM ELM ELM ELM ELM LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK CHARACTERISTICS SINGLE SINGLE SINGLE SINGLE SINGLE QUAD SINGLE SINGLE SINGLE TWIN SINGLE SINGLE SINGLE SINGLE TWIN SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE TWIN SINGLE SINGLE SINGLE SINGLE SINGLE TWIN SINGLE TRIPLE SINGLE SINGLE TWIN TWIN SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE TWIN SINGLE SINGLE SINGLE SINGLE TWIN SINGLE TWIN SINGLE DIAMETER (INCHES) 14 25 12 14 13 22, 18, 17, 8 27 29 28 18, 16 21 17 13 22 35, 32 14 13 22 17 35 28 34, 23 14 14 15 14 27 19, 18 13 15, 15, 11 22 12 13, 9 17, 14 12 19 13 21 13 15 12 12, 8 14 14 18 13 28, 17 13 15, 12 13 TAG# 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 TYPE LIVE OAK LIVE OAK ELM LIVE OAK LIVE OAK LIVE OAK ELM LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK POST OAK LIVE OAK LIVE OAK LIVE OAK ELM ELM LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK ELM LIVE OAK LIVE OAK ELM LIVE OAK LIVE OAK ELM LIVE OAK LIVE OAK LIVE OAK ELM LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK CHARACTERISTICS SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE TWIN TWIN SINGLE TRIPLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE TWIN SINGLE TRIPLE SINGLE SINGLE SINGLE TRIPLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE TRIPLE TRIPLE TRIPLE SINGLE SINGLE SINGLE DIAMETER (INCHES) 21 25 15 20 25 18 14 27, 20 16, 12 22 35, 10, 9 15 18 19 15 17 15 15 21 26 14 14 17 21 19, 19 15 19, 16, 15 23 18 17 19, 16, 15 13 26 28 27 14 36 17 23 15 16 12 13 14 12, 12, 10 18, 14, 13 18, 16, 14 13 14 15 TAG# 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 TYPE LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK ELM ELM ELM LIVE OAK LIVE OAK LIVE OAK CHARACTERISTICS SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE TWIN SINGLE SINGLE SINGLE SINGLE SINGLE TWIN SINGLE SINGLE TWIN SINGLE TWIN TWIN TWIN QUAD TWIN TWIN SINGLE TWIN SINGLE SINGLE 5X TWIN TRIPLE SINGLE SINGLE SINGLE SINGLE TWIN TWIN SINGLE TWIN SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE DIAMETER (INCHES) 13 12 12 12 13 16 13 14 19 13 13, 12 14 15 17 12 13 12, 10 14 13 15, 12 14 14, 10 14, 10 27, 12 21, 15, 12, 10 12, 6 18, 12 12 18, 12 21 22 14, 12, 9, 9, 7 16, 12 15, 10 16 15 13 19 34, 11 14, 12 15 16, 7 15 12 13 12 13 20 29 23 TAG# 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 3000 3001 TYPE LIVE OAK LIVE OAK LIVE OAK POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK ELM POST OAK POST OAK ELM ELM POST OAK POST OAK POST OAK LIVE OAK ELM POST OAK POST OAK CHARACTERISTICS SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE TWIN SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE DIAMETER (INCHES) 18 25 21 16 17 15 23 16 19 23 19 16 17 20 12, 11 12 19 13 18 24 15 22 18 TREE LIST TREE LIST TREE LIST TREE LIST TREE LIST TREE LIST TREE LIST DRAWING FILE: H:\11020 - Wolf 68 ac IH35 at NW Blvd\data\Surveys\ ACAD-V2004_11082_BOUNDARY_20110505.dwg May 16, 2011 - 11:22 am mmorris SHEET OF Castleberry Surveying, Ltd. PLAT RECORDS WILLIAMSON CO.P.R.W.C. 3613 Williams Drive, Suite 903 - Georgetown, Texas 78628 (512) 930-1600/(512) 930-9389 fax www.castleberrysurveying.com 1 1 E Attachment number 6 \nPage 15 of 21 Item # N F Attachment number 6 \nPage 16 of 21 Item # N F Attachment number 6 \nPage 17 of 21 Item # N F Attachment number 6 \nPage 18 of 21 Item # N F Attachment number 6 \nPage 19 of 21 Item # N FontanaPlazaͲIH35atNWBlvd. January4,2012 ProjectYields TotalProperty:77.63 ac Parcel LandUse Assumptions Percent Ac Total SF A HAͲMultiͲFamily (HousingAuthority24U/AC) 24 u/a 11% 8.90 ac 213.4 units B MultiͲFamily (3 Story Ͳ 20 Unils/AC)20 u/a 4%3.48 ac 69.6 units UnitYield YIELD B Multi Family (3Story20Unils/AC)20 u/a 4%3.48 ac 69.6 units C MultiͲFamily (3StoryͲ20Unils/AC)20 u/a 7% 5.36 ac 107.2 units D Hotel (100rooms)5% 3.62 ac 100.0 rooms E Restaruant (ResturantUse)5,000 sf/a 2% 1.72 ac 8,600.0 SF F Retail (RetailUse)10,000 sf/a 12% 9.70 ac 97,000.0 SF G Retail (RetailUse)10,000 sf/a 39% 30.49 ac 304,900.0 SF H Retail (RetailUse)10,000 sf/a 4% 3.12 ac 31,200.0 SF I Detention|WQ 6% 4.66 ac R.O.W.(Roadways) 9% 7.19 ac Total: 78.24 ac NOTE:THISINFORMATIONISBASEDONASSUMPTIONSANDESTIMATESANDREPRESENTSNOREGULATORYAPPROVALS.Planallocationaresubjecttochange. Exhibit G At t a c h m e n t n u m b e r 6 \ n P a g e 2 0 o f 2 1 It e m # N S 26°48'48" W 1424.78' (S 26°44.6' W1426.2' - REC8) I-35 FRONTAGE ROAD RETAIL WATER QUALITY | DETENTION T 2 0 0 2 T 2 0 0 3 T 2 0 0 1 T 2 0 0 4 T 2 0 0 5 T 2 0 0 6 T 2 0 0 7 T 2 0 1 6 T 2 0 1 7 T 2 0 0 8 T 2 0 1 2 T 2 0 0 9 T 2 0 1 0 T 2 0 1 1 T 2 0 1 5 T 2 0 1 4 T 1 0 1 1 T 1 0 0 9 T 1 0 1 0 T 1 0 0 8 T 2 1 3 8 T 2 1 3 7 T 2 1 3 6 T 2 1 3 5 T 2 1 3 4 T 2 0 7 5 T 2 0 7 4 T 2 0 7 3 T 2 0 7 7 T 2 0 7 6 T 2 1 5 6 T 2 1 5 7 T 2 0 7 9 T 2 0 7 8 T 2 0 8 0 T 2 0 8 1 T 1 0 0 7 T 1 0 0 6 T 1 2 6 T 1 2 7 T 1 2 8 T 1 2 5 T 1 2 9 T 1 2 4 T 1 2 3 T 1 0 0 4 T 1 0 0 3 T 1 1 4 T 1 1 2 T 1 1 1 T 1 1 3 T 1 0 0 2 T 1 0 0 1 T 2 1 5 1 T 2 1 3 1 T 2 1 3 2 T 1 0 0 5 T 2 0 6 2 T 2 0 6 3 T 2 0 7 1 T 2 0 7 0 T 2 0 6 1 T 2 0 6 0 T 2 0 3 3 T 2 0 5 9 T 2 0 5 8 T 2 0 5 7 T 2 0 5 5 T 2 0 5 4 T 2 0 4 0 T 2 0 3 8 T 2 0 3 9 T 2 0 3 7 T 2 0 3 6 T 2 0 4 1 T 2 0 4 8 T 2 0 4 7 T 2 0 4 9 T 2 0 5 0 T 2 0 5 1 T 2 0 5 2 T 2 0 5 3 T 2 0 5 6 T 2 0 4 2 T 2 0 4 3 T 2 0 4 4 T 2 0 4 5 T 2 0 4 6 T 2 0 6 4 T 2 0 6 5 T 2 0 6 9 T 2 0 7 2 T 2 0 6 8 T 2 0 6 7 T 2 0 6 6 T 2 0 1 3 T 2 1 0 3 T 2 1 0 4 T 2 1 0 5 T 2 1 0 6 T 2 1 0 7 T 2 1 0 8 T 2 1 2 1 T 2 1 1 8 T 2 1 1 9 T 2 1 2 0 T 2 1 1 7 T 2 1 2 4 T 2 1 2 5 T 2 1 2 3 T 2 1 2 2 T 2 0 8 2 T 2 1 1 6 T 2 1 1 4 T 2 1 1 3 T 2 1 1 2 T 2 1 1 1 T 2 1 1 5 T 2 1 1 0 T 2 1 0 9 T 1 3 0 T 1 2 2 T 1 3 1 T 1 3 2 T 1 2 1 T 1 2 0 T 1 1 9 T 1 1 7 T 1 1 8 T 1 1 6 T 1 1 5 T 2 1 2 6 T 2 1 2 7 T 2 1 2 8 T 2 1 2 9 T 2 1 3 0 T 2 0 9 7 T 2 0 9 5 T 2 0 9 6 T 2 0 9 4 T 2 0 9 3 T 2 0 9 2 T 2 0 8 9 T 2 0 8 8 T 2 0 8 7 T 2 0 8 4 T 2 0 8 6 T 2 0 8 5 T 2 0 9 0 T 2 0 9 1 T 2 0 8 3 T 2 1 0 2 T 2 1 0 1 T 2 1 0 0 T 2 0 9 9 T 2 0 9 8 FEET 15 30 600 B MW G R O U P N H Fo n t a n a P l a z a Pl a n n e d U n i t D e v e l o p m e n t HE R I T A G E T R E E S - P O N D Conceptual site plan.Final site plan may vary. HERITAGE TREE LEGEND SINGLE TRUNK - 30" + SINGLE TRUNK - >30" TWO TRUNK MULTI-TRUNK PROPOSED TO BE REMOVED Attachment number 6 \nPage 21 of 21 Item # N At t a c h m e n t n u m b e r 7 \ n P a g e 1 o f 2 It e m # N At t a c h m e n t n u m b e r 7 \ n P a g e 2 o f 2 It e m # N At t a c h m e n t n u m b e r 8 \ n P a g e 1 o f 3 It e m # N At t a c h m e n t n u m b e r 8 \ n P a g e 2 o f 3 It e m # N At t a c h m e n t n u m b e r 8 \ n P a g e 3 o f 3 It e m # N At t a c h m e n t n u m b e r 9 \ n P a g e 1 o f 5 It e m # N At t a c h m e n t n u m b e r 9 \ n P a g e 2 o f 5 It e m # N At t a c h m e n t n u m b e r 9 \ n P a g e 3 o f 5 It e m # N Mr. Ed Polasek, AICP Parkview Retail Center TIA Page 2 Under this development scenario there are many intersections that operate under unacceptable Levels of Service (LOS). These intersections along with the needed improvements are: Williams Drive/1H 35 Southbound Frontage Road and Williams Drive/!H 35 Southbound Frontage Road During the 2021 development year the Williams Drive bridge needs to be widened in order to accommodate a triple left turn lane form the northbound frontage road onto westbound Williams Drive (thus carrying a minimum of three westbound lanes across the bridge) (pro rata share 8.7%). Williams Drive and Austin Avenue During the 2021 development year traffic single timing adjustments are needed this intersection (pro rata share 4.6%). Northwest Boulevard and Washam Drive During the 2021 development year the installation of a traffic single could be considered. It should be noted that given the proximity of this intersection to the proposed Northwest Boulevard Bridge, a traffic signal may not be able to be installed. If this is case the construction of a round- about or another traffic control measure may be considered (pro rata share 57.7%). Williams Drive and Washam Drive During the 2021 development year the reconstruction of Williams Drive should be considered. During this development year, Williams Drive will need to be widened to accommodate a total of six travel lanes (three in each the eastbound and westbound directions-pro rata share 14.9%) in addition the reconstruction will need to accommodate dual eastbound left turns onto Washam (pro rata share 51.7%). In addition to the above improvements it should also be noted that the T!A assumed that the connection of Washam Drive between Northwest Boulevard and Williams Drive was already constructed. The no pro rata share calculations for the construction of the connection. Based upon the volumes within the T!A, the developers pro rata share is approximately 35%. This is based upon a comparison between the projected background traffic and the site traffic that would be utilizing the connection. The Pro Rata must be contributed because there are no definitive plans for the roadway. While the road is included in the Transportation Plan, there are no additional construction plans. The City will purchase the right-of-way, but all developments must contribute their appropriate pro rata share. This development is not contingent upon this connection being in place, but if this connection is not constructed there will be significant impacts to the remaining intersections. 2031 Ultimate Build-out Plus 10 Years The analysis performed under this scenario assumed that the entire development had been built out and in place for 10 years. The same intersections presented during the 2021 analysis year were analyzed under this scenario. As presented in the TIA, there are a few intersections which would require geometric and/or traffic control modification Attachment number 9 \nPage 4 of 5 Item # N At t a c h m e n t n u m b e r 9 \ n P a g e 5 o f 5 It e m # N Planning & Zoning Commission Agenda / February 7, 2012 Page 1 of 5 City of Georgetown, Texas Planning and Zoning Commission Meeting Minutes Tuesday, March 06, 2012 at 6:00 PM Council Chambers 101 E. Seventh Street, Georgetown, Texas 78626 Commissioners: Ercel Brashear, Chair; Porter Cochran, Annette Montgomery, John Horne and Roland Peña. Commissioners in Training: Scott Rankin Commissioner(s) Absent: Sally Pell and Robert Massad Commissioner(s) in Training Absent: Staff Present: Elizabeth Cook, Community Development Director, Carla Benton, Planner; Mike Elabarger, Planner; Valerie Kreger, Planner; David Munk, City Engineer and Stephanie McNickle, Recording Secretary. Regular Session - To begin no earlier than 6:00 p.m. Chair Brashear called the meeting to order at 6:00 p.m. 8. Public Hearing and possible action on a Rezoning of 78.52 acres of the N. Porter and A. Flores Surveys from Single-Family Residential (RS) District, Local Commercial (C-1) District, General Commercial (C-3) District and Planned Unit Development (PUD) with a C-1 base district to PUD with base districts of Multifamily (MF), C-1 and C-3, located on Washam Drive and I-35, to be known as Fontana Plaza. REZ-2011-011 (Jennifer C. Bills) Staff report by Jennifer Bills. The applicant has requested a rezoning of 78.52 acres north of Northwest Boulevard and west of Interstate 35, from Single Family Residential District and Planned Unit Development with a base district of Local Commercial, Local Commercial and Regional. Commercial to Planned Unit Development with base districts of Multifamily (22.14 acres), Local Commercial (17.85 acres) and Regional Commercial (38.54). Currently the land is vacant. The Future Land Use designation requires this area to be zoned either Mixed Use or to apply a Planned Unit Development plan that meets the intent of the Specialty Area Mixed Use Community land use. The property is located on the west side of IH-35 and north of Northwest Boulevard. Washam Drive currently exists from Northwest Boulevard, dead ending into the tract. The property was annexed in four separate annexation ordinances—January 1, 1964 (#64-A1), January 1, 1968 (#68-A1), January 1, 1978 (#78-23) and January 1, 1987 (#870403). A 0.90 acre tract was platted at the Northwest Retail Subdivision in 1985 but never developed. The area will serve the adjacent residential as well as be a destination shopping area. The first site that is scheduled to be developed is the Gateway Northwest Apartments that will be managed by the Texas Housing Foundation. Attachment number 10 \nPage 1 of 3 Item # N Planning & Zoning Commission Agenda / February 7, 2012 Page 2 of 5 The PUD Development Plan proposes three base districts that are described in the UDC, are Multifamily District, MF; Local Commercial District, C-1 and General Commercial District, C- 3. A list of Prohibited uses, Allowed uses and Allowed uses with restrictions are included in the staff report. Drainage has long been an issue along Northwest Boulevard and has affected the existing commercial businesses as well as the development potential of the property. Currently, the natural drainage patterns sends the water through the commercial business into a drainage easement in the undeveloped Gateway Northwest Subdivision and eventually pools along the frontage road to drain through an existing culvert under IH-35. Some sort of drainage structure (box culvert or channel) needs to be installed to efficiently move the water past the businesses and to the pond. Due to location and configuration of the pond, there is the possibility that 12 Heritage Trees and 22 Protected Trees will have to be removed to make the pond function properly. No other Heritage Trees other than those identified in the Development Plan will be removed without an amendment to the PUD Development Plan. To provide better circulation for the entire area from Williams Drive to Airport Road, this development will extend Washam Drive to the northern boundary of the property. As each site within the Fontana Plaza PUD develops, the site plans will provide pedestrian circulation. Along the entire length of Washam Drive, 8-foot sidewalks will be provided, while 5-foot sidewalks will be required of the rest of the pedestrian plan. For each development zone within the PUD, specific development standards have been defined. Some of the main requirements are: · All facades facing public streets must meet materials and articulation requirements of the front façade. · Only a limited amount of parking is allowed (1 or 2 rows) between a public street and building. The rest must be internal to the site. · Fencing (decorative with plantings) or an opaque masonry wall must be provided along the remainder of Zone A (non-Texas Housing Foundation development) adjacent to the existing residential neighborhoods. · All zones are allowed 70 percent maximum impervious cover. · A 25-foot buffer must be provided adjacent the existing single family residential to the west. At this time, approval of the Traffic Impact Analysis is still pending due to a few issues. The rezoning request, if acted on by the Planning & Zoning Commission, will not move forward for to City Council until the TIA has been approved. Chair Brashear invited the applicant to address the Commission. Phillip Wanke , BWM Group, representing the applicant gave a brief presentation and confirmed staff’s presentation regarding the drainage and heritage trees. Mr. Wanke stated there is a need for commercial property on Interstate Highway 35. Chair Brashear expressed concern with the limited distance between the residents and Washum Drive. Chair Brashear Opened the Public Hearing Attachment number 10 \nPage 2 of 3 Item # N Planning & Zoning Commission Agenda / February 7, 2012 Page 3 of 5 Brenda Brooks, 1006 Garden View Dr. stated she has lived in the area for 19 years and is very concerned with a major highway being constructed directly behind her backyard with only a 25 foot buffer. Jerry Temple, 704 Garden villa Circle is concerned with the multi-family and the water shortage and restrictions to water use. He also stated he is concerned lighting and the traffic. Don Jansen, 902 Garden View Drive stated he is concerned with a major freeway and the 13 homes being sandwiched between two streets. Mr. Jansen requests a larger buffer than 25 feet, possibly a 100 foot buffer or a landscape area. Jerimia Lugo, 305 W. University stated Janis Drive is being used as a car dumping area. He is concerned with low income people moving into the area and feels Frost Elementary and Benold Middle School will turn into a low income school. Chair Brashear Closed the Public Hearing. Commissioner Cochran stated she would like to see a buffer and fencing for the 13 homes before she is comfortable approving this PUD. Motion by Commissioner Pena to recommend to the City Council approval of the Rezoning for 78.52 acres in the N. Porter and A. Flores Surveys from Single-Family Residential (RS) District, Local Commercial (C-1) District, General Commercial (C-3) District and Planned Unit Development (PUD) with a C-1 base district to PUD with base districts of Multifamily (MF), C-1, and C-3, contingent upon the approval of the Traffic Impact Analysis and the requirement of a High Level Buffer Yard as outlined in the UDC-8.04.060C3. Second by Commissioner Horne. Approved. (5-0) Meeting Adjourned. 9:20 Attachment number 10 \nPage 3 of 3 Item # N Ordinance Number:___________ Description: Rezone from RS, C-1, C-1 PUD, and C-3 to PUD with MF, C-1, C-3 base districts Date Approved: March 27, 2012 Page 1 of 2 ORDINANCE NO. ____________ An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Zoning District Map adopted on the 4th Day of April 2002 in accordance with the Unified Development Code passed and adopted on the 11th Day of March 2003, to rezone 78.52 acres of the N. Porter and the A. Flores Surveys, from the Single-Family Residential (RS) District, Local Commercial (C-1) District, General Commercial (C-3) District and Planned Unit Development (PUD) with a C-1 base district to Planned Unit Development with base districts Multifamily (MF), Local Commercial (C-1) and General Commercial (C-3); repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, an application has been made to the City Council for the Purpose of changing the Zoning District Classification of the following described real property ("The Property"): 73.64 acres of the A. Flores Survey and N. Porter Survey, as recorded in Volume 457, Page 589, Lots 1 & 2, Block A and Lots 1-7, Block B of the Gateway Northwest Subdivision, as recorded in Cabinet G, Slide 121 and Lot 1 of the Northwest Retail Subdivision as recorded in Cabinet Y, Slide 375, of the Official Public Records of Williamson County, Texas, hereinafter referred to as "The Property"; Whereas, the City Council has submitted the proposed change in the zoning district classification to the Planning and Zoning Commission for its consideration at a public hearing and for its recommendation or report; and Whereas, notice of such hearing was published in a newspaper of general circulation in the City; which stated the time and place of hearing, which time was not earlier than fifteen (15) days for the first day of such publication; and Whereas, written notice was given not less than fifteen (15) days before the date set for the meeting before the Planning and Zoning Commission to all the owners of the lots within two hundred feet of the property, as required by law; and Whereas, the applicant for such zoning change placed on the property such sign(s) as required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen (15) days before the date set for such hearing; and Whereas, the City Planning and Zoning Commission in a meeting held on March 6, 2012, recommended approval of the requested zoning change for the above described property from the Single-Family Residential (RS) District, Local Commercial (C-1) District, General Commercial (C-3) District and Planned Unit Development (PUD) with a C-1 base district to Planned Unit Development with base districts Multifamily (MF), Local Commercial (C-1) and General Commercial (C-3). Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas, that: Section 1. The facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and Attachment number 11 \nPage 1 of 28 Item # N Ordinance Number:___________ Description: Rezone from RS, C-1, C-1 PUD, and C-3 to PUD with MF, C-1, C-3 base districts Date Approved: March 27, 2012 Page 2 of 2 expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance implements the vision and policies of the Georgetown 2030 Comprehensive Plan and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other policies of the Georgetown 2030 Comprehensive Plan. Section 2. The Zoning District Map of the City, as well as the Zoning District for the Property shall be and the same is hereby changed from the Single-Family Residential (RS) District, Local Commercial (C-1) District, General Commercial (C-3) District and Planned Unit Development (PUD) with a C-1 base district to Planned Unit Development with base districts Multifamily (MF), Local Commercial (C-1) and General Commercial (C-3), in accordance with Exhibit A (Location Map) and Exhibit B (Legal Description), and Exhibit C (Development Plan for Fontana Plaza Planned Unit Development) incorporated herein by reference, is hereby adopted by the City Council of the City of Georgetown, Texas. Section 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 4. If any provision of this Ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are hereby declared to be severable. Section 5. The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect on the date of final adoption by City Council. PASSED AND APPROVED on First Reading on the 27th day of March, 2012. PASSED AND APPROVED on Second Reading on the 10th day of April, 2012. ATTEST: THE CITY OF GEORGETOWN: ______________________ _________________________ Jessica Brettle By: George Garver City Secretary Mayor APPROVED AS TO FORM: ______________________ Bridget Chapman Acting City Attorney Attachment number 11 \nPage 2 of 28 Item # N CIT Y O F G E O R G E T O W N Georgetown ETJ G eorgeto w n E T J GARDEN VILLA DR GARDEN VIEW DR RYAN LN GOLDEN VISTA DR N IH 35 SB GARDEN VILLA CIR THORNTON LN E JANIS DR ENTR 263 SB WASHAM DR E JANIS DR E CENTRAL DR ROYA L DR E CENTRAL DR N O R T H W E S T B L V D G A R D E N M E A D O W D R N AUSTIN AVE G O L D E N OAKS RD N IH 35 FWY NB N IH 35 FWY SBREZ-2011-011 0 770 1,540 Feet Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJExhibit #1REZ-2011-011 Attachment number 11 \nPage 3 of 28 Item # N F Attachment number 11 \nPage 4 of 28 Item # N F Attachment number 11 \nPage 5 of 28 Item # N F Attachment number 11 \nPage 6 of 28 Item # N F Attachment number 11 \nPage 7 of 28 Item # N 1 DEVELOPMENT PLAN FOR FONTANA PLAZA PLANNED UNIT DEVELOPMENT 1. DEFINITIONS 1.1 All definitions referenced in the Unified Development Code of the City of Georgetown, Ordinance No. 2003-16, as subsequently amended and codified in Title 17 of Georgetown Code of Ordinances (the “Code”), shall apply to interpretation of the terms of this Planned Unit Development for the Fontana Plaza (this “PUD”). Any terms not defined in this Development Plan shall be construed by applying the Random House Webster’s Unabridged Dictionary, subject to the approval of such interpretation by the director of Planning and Development Services of the City of Georgetown. This development is using the UDC effective on April 26, 2011. 2. PROPERTY 2.1 This PUD applies to approximately 78.52 acres of land located within the jurisdictional limits of the City of Georgetown, Texas, which land consists of three (3) lots being 76.73 ACRES OUT OF THE N. PORTER SURVEY, ABSTRACT NO. 235, and THE A. FLORES SURVEY, ABSTRACT NO. 497, WILLIAMSON COUNTY, TEXAS, which are collectively herein defined as the “Property”, and which are legally described as follows: JAMES DAVID WOLF, et al. AW0497 - Porter, N. Sur. DOC# 2009090679 GEORGETOWN HOUSING AUTHORITY S8562 - NORTHWEST RETAIL SUB DOC# 2008036776 GEORGETOWN HOUSING AUTHORITY S3665 - Gateway Northwest DOC# 2007068693 Attachment number 11 \nPage 8 of 28 Item # N 2 3. APPLICABILITY OF CITY ORDINANCES 4.1 This PUD shall be applicable to zoning as it applies to three (3) Zones as defined by section 5 of this document. All design, development, and use criteria not specifically covered by this PUD shall be subject to the applicable provisions of the UDC. All design, development and use of the Property shall generally conform to the PUD described herein and, unless superseded, amended or controverted by the terms of this PUD, to Zone A comprising of Multifamily (MF), Zone B of Local Commercial District (C-1), and Zone C of General Commercial (C-3) which are the zoning designations most similar to and compatible with the design, development and use proposed for the Property. 4. DEVELOPMENT ZONES 4.1 Improvements on the Property shall be designed and developed in three Zones as shown on Exhibit “B”, being Zone A, Zone B and Zone C. 4.2 Zone A represents approximately 22.14 acres of land comprising the Property and is generally depicted as West of the alignment of Washam Drive as it extends through the site. 4.3 Zone B consists of approximately 17.85 acres of land and is generally depicted as the Southern portion, approximately 1200 feet from the Southern most corner at IH-35. 4.4 Zone C consists of approximately 38.54 acres of land and is generally depicted as the remainder the Property. 4.5 Due to Roadway realignments and sound planning decisions, minor modifications to the zone acreage may be requested and subject to approval by the Director of Planning. 4.6 A proposed rendering of the project which remains subject to modification as permitted under this PUD and the UDC is depicted in Exhibit “C”, attached hereto and incorporated herein by reference. The final number, size, use and location of Buildings may vary on the final site plan(s). 4.7 The final site plan(s) shall be subject to City approval according to Section 3.09 of the UDC. This PUD allows for multiple site plans or subdivisions within the Property. City approval shall be based upon each individual site plan, provided that, taken together, all site plans provide for an integrated mixed use development on the Property. Attachment number 11 \nPage 9 of 28 Item # N 3 4.8 Development within Zone A are allowed the following: a) 24 units per acre b) 10 foot setbacks will only be against existing multifamily development. A minimum of a 25 foot buffer will be provided against all of the single family residential property to the north and west c) The boundary between Golden Vista Drive and Garden View Drive will be required to provide a High Level Bufferyard, as described in Section 8.060.040 C 3 to provide separation between the single-family residential and Washam Drive. d) Development Zone A is allowed a 15’ build-to line along public Rights Of Way when providing an urban façade and an 8’ sidewalk. e) Impervious cover of seventy (70) percent as applied to the aggregate sum of the building and improvement footprints for each site plan submitted is allowed. f) Parallel parking can be counted for onsite parking only on the section adjacent to the Texas Housing Foundation section of Zone A. g) Only open fencing is allowed along public streets for any of Zone A. h) Fencing (decorative with plantings) or an opaque masonry wall must be provided on the remainder of Zone A (non-THF) adjacent to existing residential. i) The triangle between Golden Vista Drive and Washam Drive will be a pocket park. j) An 8’ urban sidewalk shall be included along the full extent of Washam Drive on both sides. 4.9 Development within Zone B and are allowed the following: a) A minimum of a 25 foot landscape easement will be provided against IH35 only. b) Development Zone B is allowed a 15’ build-to line along public Rights Of Way when providing an urban façade and a minimum 8’ sidewalk. c) Impervious cover of seventy (70) percent as applied to the aggregate sum of the building and improvement footprints for each site plan submitted is allowed. d) All facades facing public streets, especially Washam, must meet materials and articulation requirements of the front façade. Only a limited amount of parking will be allowed (1 to 2 rows) between Washam Drive or I-35 and any buildings. The rest must be internal to the entire site. e) An 8’ urban sidewalk shall be included along the full extent of Washam Drive on both sides. f) For each building, there cannot be more than three individual tenants on the first floor. 4.10 Development within Zone C are allowed the following: a) A minimum of a 25 foot landscape easement will be provided against IH35 only. Attachment number 11 \nPage 10 of 28 Item # N 4 b) Development Zone C is allowed a 15’ build-to line along public Rights Of Way when providing an urban façade and a minimum 8’ sidewalk. c) Impervious cover of seventy (70) percent as applied to the aggregate sum of the building and improvement footprints for each site plan submitted is allowed. d) All facades facing public streets, especially Washam, must meet materials and articulation requirements of the front façade. Only a limited amount of parking will be allowed (1 to 2 rows) between Washam Drive or I-35 and any buildings. The rest must be internal to the entire site. e) An 8’ urban sidewalk shall be included along the full extent of Washam Drive on both sides. f) For each building, there cannot be more than three individual tenants on the first floor. 4.11 The following uses will be prohibited in Zone A: a) Orphanage b) Halfway house c) Elementary school d) Middle school e) Golf course 4.12 The following uses will be prohibited in Zone B: a) Elementary school b) Middle school c) High school d) Everything under Group Living except for Assisted Living e) College or University f) Emergency Services Station g) Hospital h) Pest Control or Janitorial Services i) Home Health Care Services j) Agricultural Sales k) Fuel Sales l) Car Wash m) Personal Service, Restricted 4.13 The following uses will be prohibited in Zone C: a) Elementary school b) Middle school c) High school d) Correctional facility e) Transient service facility f) Psychiatric hospital g) Substance abuse treatment facility h) Cemetery, columbaria, mausoleum or memorial park i) Driving range Attachment number 11 \nPage 11 of 28 Item # N 5 j) Firing range, indoor k) Data center l) Flea market m) Self storage, outdoor n) Bus barn o) Everything under Group Living p) College or University School q) Hospital r) Hospital, Psychiatric s) Substance Abuse Treatment Facility t) Motel u) Event Catering and Equipment Rental Services v) Pest Control and Janitorial Services w) Manufactured Housing Sales x) Automotive Sales, Rental or Leasing Facility y) Home Health Care Services z) Agricultural Sales aa) Personal Service, Restricted bb) Consumer Repair cc) Small Engine Repair dd) Kennel ee) Self-Storage, Indoor ff) Automotive Parts and Accessories, Outdoor gg) Automobile Repair and Service, Limited hh) Recreational Vehicle Sales, Rental and Service ii) Private Transport Service Dispatch Facility jj) Lumber Yard kk) Portable Classrooms ll) Outdoor Display, General mm) Outdoor Display, Off-Site Vehicles 4.14 The following are allowable uses in Zone B and Zone C: a) Live/work units consisting of ground level commercial space internally connected to residential units above. 4.15 The following uses are allowed with restrictions in Zone C: a) Fuel Sales—only allowed as a accessory use to a primary business or as a Limited uses as noted in 5.04.020 T if the specific location is clearly defined within the PUD document. b) Automobile Repair and Service, Limited: 1. Building may not front onto I-35 or Washam Drive All work shall take place within enclosed service bays. Free-standing facilities of a standardized prototype are not permitted. 2. Parking and storage of cars scheduled for service shall be in a parking lot or garage visually screened from adjacent uses. Attachment number 11 \nPage 12 of 28 Item # N 6 3. The facility must be staffed during all hours of operation. Automated, self service facilities are not permitted. 4. Exterior storage of inventory, parts, and supplies is not permitted. 5. MASTER SIGN PLAN 5.1 This PUD requires the development of a Master Sign Plan in accordance with Section 10.01.050 of the UDC. The Master Sign Plan shall be submitted to the City for approval by the Building Official prior to and as a condition for final approval of any site plan for this Property. Signage designed, developed or constructed within the Property shall comply with the approved Master Sign Plan. 6. ROADWAY INFRASTRUCTURE 1 A cul de sac turnaround will be provided for Janis Drive on the Property as well as decorative fencing and a fire access gate for emergency access. Vacation of the existing right-of-way for Janis Drive will have to go through the appropriate planning process. 6.2 After final approval of this PUD, the general alignment of proposed vehicular circulation may be modified from the proposed rendering shown in Exhibit “C” to accommodate Building locations on the approved site plan(s) and for the protection of trees and fire safety requirements. A schematic presentation of suggested internal vehicular circulation is depicted in Exhibit “C”, attached hereto and incorporated herein by reference. It is the intent of this PUD that vehicular streets internal to the Property and depicted as such in Exhibit “C” be considered as public streets. Design Details for public streets on the Property shall conform to Chapter 12 of the UDC. 6.3 Required drainage easements will be granted to facilitate improving the drainage conditions of Northwest Boulevard. Following a drainage study, Northwest Boulevard drainage will be included in the drainage solution of the overall property. The detention pond for the site and Northwest Boulevard may be built in phases for the entire PUD and for City drainage requirements in the area. Necessary easements and access will be provided to the City by the property owner when the first plat within the development is approved. Each site that develops will be granted the necessary easements for use of the pond for detention from the property owner(s). Attachment number 11 \nPage 13 of 28 Item # N 7 7. TREE PRESERVATION 7.1 Due to the concentration of Heritage Trees and Protected Trees in the area required for the WQ/Detention Pond, Heritage Trees and Protected Trees on this Property are allowed to be removed as follows: Single Trunk Heritage Trees (30” +) - 5 trees Single Trunk Heritage Trees (> 30”) - 2 trees Two Trunk Heritage Trees - 1 tree Multi Trunk Heritage Trees – 4 trees Protected Trees – 26 trees The removal of any trees must be justified by the pond design. Refer to Exhibit H for removals. If the pond is developed in phases, only trees within the area for the current phase may be removed. Tree mitigation calculations will be based on the actual trees removed as shown in the construction plans. Tree mitigation for these removals will be prorated across the remainder of the property on an acre by acre basis and tracked on the landscape plan submittals. No other single trunk Heritage Trees can be removed without amending the PUD. 7.2 A minimum of twenty percent (20%) of the total required tree mitigation for the detention pond including both Heritage Tree removal and Protected Tree removal shall be installed at the time of pond construction. These trees will not be allowed to be removed upon future individual site development without Director of Planning approval. This installation shall follow one of the following: a) These trees shall all be planted along the IH35 frontage and span the entire length of the property. That 20% shall be made up of all ornamental trees due to overhead electric lines. In this case the ornamentals will be counted by the City as shade trees thus meeting pre set mitigation tree requirements of the ordinance. The tree species can be anything from the "ornamental" section of the City of Georgetown's, Development Manual, Preferred Plant List. A mix of species shall be provided wherein no more than 25% of the plantings may be from the same species. All trees must be a minimum of a 15 gallon container. All trees installed as part of this 20% requirement will have irrigation installed at the same time; or, b) A planting plan approved by the Director of Planning. 8. BUILDING DESIGN & MATERIALS 8.1 All Buildings designed for and constructed on the Property for non-residential use will comply with the Non-Residential Design Standards set forth in Section 7.04 of the UDC unless otherwise provided for in this PUD. Attachment number 11 \nPage 14 of 28 Item # N 8 9. PUD MODIFICATIONS 9.1 This PUD represents the allowable uses and design standards for the Property. The concept plan, and the proposed pedestrian and vehicular circulation depicted in Exhibit “C” are illustrative only and do not represent final designs. Any minor modifications to the PUD will be considered and approved by the Director of Planning. Attachment number 11 \nPage 15 of 28 Item # N 9 LIST OF EXHIBITS 10.1 The following exhibits are attached hereto and incorporated herein by reference: A. Property Map with Tract or Lot Lines Designated B. Property Map with Zone Designations Outlined C. Property Map with Conceptual Land Use Plan D. Conceptual Pedestrian Circulation Plan E. Tree Survey F. Typed Field Notes Identifying the Property on Letter-sized Paper G. Tabulation of Total Square Footage and Residential Density H. Property Map with Heritage Trees Identified I. Reduced Copies on Letter-sized Paper (8.5” x 11”) of All Sheets of the Plan Attachment number 11 \nPage 16 of 28 Item # N (S 41°1 9 ' W 1717.14' O V E R A L L - R E C 3 A N D R E C 4 ) (N 26°36'57" E 208.87' - REC7) ( O V E R A L L C A L L - R E C 6 ) (S 38°2 8 ' W 438.64' O V E R A L L - R E C 1 ) ( S 5 8 ° 4 3 ' E 4 1 7 . 2 9 ' - R E C 1 ) (S 5 1 ° 1 7 E 1 4 5 . 2 2 ' R E C 1 ) (S 38°4 3 ' W 267.44' - R E C 1 ) (S 5 1 ° 1 7 ' E 2 1 9 . 4 9 ' - R E C 1 ) (N 39° 0 3 ' E 273.62' - R E C 1 ) (S 38°1 1 ' W 244.50' - R E C 1 ) (N 2 5 ° 1 7 ' W 20 1 . 6 2 ' - R E C 1 ) (S 2 5 ° 1 7 ' E 20 1 . 6 2 ' - R E C 1 ) (S 2 7 ° 2 8 ' 1 5 " E 14 9 . 1 6 ' - R E C 2 ) (S 4 8 ° 4 1 ' E 1 1 6 . 0 6 ' - R E C 4 ) (S 17° W 223.47' - RE C 5 ) ( N 8 7 ° 3 5 ' W 3 6 3 . 3 9 ' - R E C 5 ) ( N 8 7 ° 3 2 ' W 3 8 7 . 0 2 ' - R E C 5 ) ( N 8 7 ° 2 1 ' W 3 6 1 . 9 0 ' - R E C 6 ) ( N 8 7 ° 5 1 ' 1 0 " W 2 0 9 . 3 7 ' - R E C 7 ) (S 26°44.6' W1106.4 OVERALL - REC8) (N 29°36.4' E 801.0' - REC8)(S 26°44.6' W1426.2' - REC8) (N 27°04' E 202.26' - REC1) (S 38°43' W 141.12 - R E C 1 ) (R E C 1 ) (R E C 1 ) (REC1) (R E C 1 ) (REC1) (REC1) (REC1) (R E C 1 ) ( R E C 1 ) (R E C 4 ) (R E C 4 ) (R E C 4 ) (REC4) (REC 6 ) ( R E C 1 ) (REC1) (S 38°2 8 ' W 156.80' - R E C 1 ) ( R E C 1 ) (R E C 1 ) (R E C 1 ) (R E C 1 ) (R E C 1 ) ( R E C 1 ) (REC 1 ) S 26°38'55" W 1575.97' S 8 8 ° 0 9 ' 1 4 " E 2 1 1 . 9 6 ' S 26°46'35" W 211.36' A. FL O R E S S U R V E Y ABST R A C T N O . 4 9 7 N. PO R T E R S U R V E Y ABST R A C T N O . 2 3 5 APPR O X I M A T E S U R V E Y L I N E PER T E X A S N A T U R A L R E S O U R C E S I N F O R M A T I O N S Y S T E M G I S D A T A 1 / 2 " I P F I N C O N O R A N G E C A P 3 / 8 " I P F N O C A P 5 / 8 " I P F N O C A P 5 / 8 " I P F N O C A P 3 / 8 " I P F N O C A P 3 / 8 " I P F N O C A P Y E L L O W C A P " C S L T D " 5 / 8 " I P F N O C A P 5 / 8 " I P F N O C A P 1 / 2 " I P F I N C O N O R A N G E C A P " R P L S 5 7 8 4 " 1 / 2 " I P F I N C O N O R A N G E C A P " R P L S 5 7 8 4 " 3 " B R A S S D I S K I N C O N " C H A P A R R A L " O R A N G E C A P " R P L S 5 7 8 4 " 1 / 2 " I P F I N C O N O R A N G E C A P O R A N G E C A P N 38°29 ' 2 3 " E 1716.06' L1 0 L1 1 L1 2 L13 N 5 1 ° 3 7 ' 1 1 " W 11 6 . 9 2 ' N 16°43'09 " E 222.51' S 8 7 ° 5 6 ' 2 0 " E 3 6 3 . 5 3 ' S 8 7 ° 4 1 ' 1 2 " E 3 8 6 . 7 5 ' S 8 7 ° 3 4 ' 1 1 " E 3 6 1 . 3 3 ' L14 L 1 5 S 26°49'25" W 209.02' S 8 7 ° 3 3 ' 2 8 " E 2 1 1 . 1 4 ' S 26°46'35" W 894.88'S 29°38'32" W 801.00' S 26°48'48" W 1424.78' S 27°09'30" W 199.94' N 5 9 ° 0 4 ' 1 3 " W 4 1 6 . 6 3 ' L1 L2 L3 N 5 1 ° 1 4 ' 2 1 " W 14 2 . 7 2 ' N 37°45' 3 5 " E 141.22' N 38°45 ' 5 6 " E 267.38' L4 N 5 1 ° 2 0 ' 2 2 " W 2 1 9 . 2 9 ' S 38°57' 1 1 " W 273.41' C 1 L 7 N 38°03' 1 4 " E 244.36' N 38°23' 1 9 " E 438.28' L8 N 38°29' 0 8 " E 156.46' N 2 7 ° 2 2 ' 5 8 " W 14 9 . 6 8 ' L 9 C2 C3 N 2 5 ° 2 5 ' 1 2 " W 20 1 . 7 1 ' S 2 5 ° 2 6 ' 1 1 " E 20 1 . 9 0 ' C4 C5 C 6 C7 L16 L1 7 L6 L5 2 1 G A T E W A Y N O R T H W E S T C A B . G , S L D . 1 2 1 P . R . W . C . WASHA M D R I V E WASHA M D R I V E JA N I S D R I V E 3 . 9 4 A C J A Y W O L F V O L U M E 4 5 7 , P A G E 5 8 9 D . R . W . C . GA T E W A Y N O R T H W E S T C A B . G , S L D . 1 2 1 P. R . W . C . J A Y W O L F V O L U M E 4 5 7 , P A G E 5 8 9 D . R . W . C . 7 2 . 7 9 A C G A T E W A Y N O R T H W E S T C A B . G , S L D . 1 2 1 P . R . W . C . (RIGHT OF WAY VARIES) ME M 3 5 , L T D . DO C . N o . 2 0 2 0 1 6 1 1 0 O. P . R . W . C . M . I . S U M M E R L I N & J . E . S P R I N G , T R U S T E E S V O L . 1 1 2 2 , P G . 3 7 3 O . R . W . C . G O L D E N O A K S C A B . B , S L D . 3 9 4 P . R . W . C . GARDEN V I E W D R I V E G O L D E N C R E S T D R I V E W I L L I A M S A D D I T I O N U N I T 7 C A B . E , S L D . 9 1 P . R . W . C . GO L D E N V I S T A D R I V E W I L L I A M S A D D I T I O N U N I T 6 C A B . D , S L D . 2 8 2 P . R . W . C . G A R D E N V I L L A D R I V E G E O R G E T O W N H O U S I N G A U T H O R I T Y D O C . N o . 2 0 0 8 0 5 0 7 0 1 O . P . R . W . C . JA N I S D R I V E W E L L S F A R G O B A N K D O C . N o . 2 0 0 9 0 9 2 8 0 5 O . P . R . W . C . T E X A S L . A . W . A D D I T I O N C A B . E , S L D . 3 6 1 P . R . W . C . T R A C T 2 T R A C T 1 INTERSTATE HIGHWAY -35 N O R T H W E S T B O U L E V A R D S 26°38'55" W 1575.97' S 8 8 ° 0 9 ' 1 4 " E 2 1 1 . 9 6 ' S 26°46'35" W 211.36' 1 / 2 " I P F I N C O N O R A N G E C A P 3 / 8 " I P F N O C A P 5 / 8 " I P F N O C A P 5 / 8 " I P F N O C A P 3 / 8 " I P F N O C A P 3 / 8 " I P F N O C A P Y E L L O W C A P " C S L T D " 5 / 8 " I P F N O C A P 5 / 8 " I P F N O C A P 1 / 2 " I P F I N C O N O R A N G E C A P " R P L S 5 7 8 4 " 1 / 2 " I P F I N C O N O R A N G E C A P " R P L S 5 7 8 4 " 3 " B R A S S D I S K I N C O N " C H A P A R R A L " O R A N G E C A P " R P L S 5 7 8 4 " 1 / 2 " I P F I N C O N O R A N G E C A P O R A N G E C A P O R A N G E C A P " R P L S 5 7 8 4 " O R A N G E C A P C O T T O N S P I N D L E F O U N D L1 L2 N 37°45' 3 5 " E 141.22' N 39°1 1 ' 2 6 " E 271.95' S 5 2 ° 1 8 ' 4 0 " W 19 9 . 5 0 ' L3 (S 38°43' W 141.12 - R E C 1 ) (R E C 1 ) (R E C 1 ) (R E C 9 ) (S 5 2 ° 1 4 ' 5 6 " W 19 9 . 5 9 ' - R E C 9 ) (N 38° 3 7 ' 2 7 " E 271.95' - R E C 9 ) Fo n t a n a P l a z a Pl a n n e d U n i t D e v e l o p m e n t PR O P E R T Y M A P Conceptual site plan.Final site plan may vary. FEET 60 120 2400 B MW G R O U P N A Attachment number 11 \nPage 17 of 28 Item # N (S 41°1 9 ' W 1717.14' O V E R A L L - R E C 3 A N D R E C 4 ) (N 26°36'57" E 208.87' - REC7) ( O V E R A L L C A L L - R E C 6 ) (S 38°2 8 ' W 438.64' O V E R A L L - R E C 1 ) ( S 5 8 ° 4 3 ' E 4 1 7 . 2 9 ' - R E C 1 ) (S 5 1 ° 1 7 E 1 4 5 . 2 2 ' R E C 1 ) (S 38°4 3 ' W 267.44' - R E C 1 ) (S 5 1 ° 1 7 ' E 2 1 9 . 4 9 ' - R E C 1 ) (N 39° 0 3 ' E 273.62' - R E C 1 ) (S 38°1 1 ' W 244.50' - R E C 1 ) (N 2 5 ° 1 7 ' W 20 1 . 6 2 ' - R E C 1 ) (S 2 5 ° 1 7 ' E 20 1 . 6 2 ' - R E C 1 ) (S 2 7 ° 2 8 ' 1 5 " E 14 9 . 1 6 ' - R E C 2 ) (S 4 8 ° 4 1 ' E 1 1 6 . 0 6 ' - R E C 4 ) (S 17° W 223.47' - RE C 5 ) ( N 8 7 ° 3 5 ' W 3 6 3 . 3 9 ' - R E C 5 ) ( N 8 7 ° 3 2 ' W 3 8 7 . 0 2 ' - R E C 5 ) ( N 8 7 ° 2 1 ' W 3 6 1 . 9 0 ' - R E C 6 ) ( N 8 7 ° 5 1 ' 1 0 " W 2 0 9 . 3 7 ' - R E C 7 ) (S 26°44.6' W1106.4 OVERALL - REC8) (N 29°36.4' E 801.0' - REC8)(S 26°44.6' W1426.2' - REC8) (N 27°04' E 202.26' - REC1) (S 38°43' W 141.12 - R E C 1 ) (R E C 1 ) (R E C 1 ) (REC1) (R E C 1 ) (REC1) (REC1) (REC1) (R E C 1 ) ( R E C 1 ) (R E C 4 ) (R E C 4 ) (R E C 4 ) (REC4) (REC 6 ) ( R E C 1 ) (REC1) (S 38°2 8 ' W 156.80' - R E C 1 ) ( R E C 1 ) (R E C 1 ) (R E C 1 ) (R E C 1 ) (R E C 1 ) ( R E C 1 ) (REC 1 ) S 26°38'55" W 1575.97' S 8 8 ° 0 9 ' 1 4 " E 2 1 1 . 9 6 ' S 26°46'35" W 211.36' A. FL O R E S S U R V E Y ABST R A C T N O . 4 9 7 N. PO R T E R S U R V E Y ABST R A C T N O . 2 3 5 APP R O X I M A T E S U R V E Y L I N E PER T E X A S N A T U R A L R E S O U R C E S I N F O R M A T I O N S Y S T E M G I S D A T A 1 / 2 " I P F I N C O N O R A N G E C A P 3 / 8 " I P F N O C A P 5 / 8 " I P F N O C A P 5 / 8 " I P F N O C A P 3 / 8 " I P F N O C A P 3 / 8 " I P F N O C A P Y E L L O W C A P " C S L T D " 5 / 8 " I P F N O C A P 5 / 8 " I P F N O C A P 1 / 2 " I P F I N C O N O R A N G E C A P " R P L S 5 7 8 4 " 1 / 2 " I P F I N C O N O R A N G E C A P " R P L S 5 7 8 4 " 3 " B R A S S D I S K I N C O N " C H A P A R R A L " O R A N G E C A P " R P L S 5 7 8 4 " 1 / 2 " I P F I N C O N O R A N G E C A P O R A N G E C A P N 38°29' 2 3 " E 1716.06' L1 0 L1 1 L1 2 L13 N 5 1 ° 3 7 ' 1 1 " W 11 6 . 9 2 ' N 16°43'09 " E 222.51' S 8 7 ° 5 6 ' 2 0 " E 3 6 3 . 5 3 ' S 8 7 ° 4 1 ' 1 2 " E 3 8 6 . 7 5 ' S 8 7 ° 3 4 ' 1 1 " E 3 6 1 . 3 3 ' L14 L 1 5 S 26°49'25" W 209.02' S 8 7 ° 3 3 ' 2 8 " E 2 1 1 . 1 4 ' S 26°46'35" W 894.88'S 29°38'32" W 801.00' S 26°48'48" W 1424.78' S 27°09'30" W 199.94' N 5 9 ° 0 4 ' 1 3 " W 4 1 6 . 6 3 ' L1 L2 L3 N 5 1 ° 1 4 ' 2 1 " W 14 2 . 7 2 ' N 37°45' 3 5 " E 141.22' N 38°45' 5 6 " E 267.38' L4 N 5 1 ° 2 0 ' 2 2 " W 21 9 . 2 9 ' S 38°57' 1 1 " W 273.41' C 1 L 7 N 38°03' 1 4 " E 244.36' N 38°23' 1 9 " E 438.28' L8 N 38°29' 0 8 " E 156.46' N 2 7 ° 2 2 ' 5 8 " W 14 9 . 6 8 ' L 9 C2 C3 N 2 5 ° 2 5 ' 1 2 " W 20 1 . 7 1 ' S 2 5 ° 2 6 ' 1 1 " E 20 1 . 9 0 ' C4 C5 C 6 C7 L16 L1 7 L6 L5 2 1 G A T E W A Y N O R T H W E S T C A B . G , S L D . 1 2 1 P . R . W . C . WASHA M D R I V E WASHA M D R I V E JA N I S D R I V E 3 . 9 4 A C J A Y W O L F V O L U M E 4 5 7 , P A G E 5 8 9 D . R . W . C . GA T E W A Y N O R T H W E S T C A B . G , S L D . 1 2 1 P. R . W . C . J A Y W O L F V O L U M E 4 5 7 , P A G E 5 8 9 D . R . W . C . 7 2 . 7 9 A C G A T E W A Y N O R T H W E S T C A B . G , S L D . 1 2 1 P . R . W . C . (RIGHT OF WAY VARIES) ME M 3 5 , L T D . DO C . N o . 2 0 2 0 1 6 1 1 0 O. P . R . W . C . M . I . S U M M E R L I N & J . E . S P R I N G , T R U S T E E S V O L . 1 1 2 2 , P G . 3 7 3 O . R . W . C . G O L D E N O A K S C A B . B , S L D . 3 9 4 P . R . W . C . GARDEN V I E W D R I V E G O L D E N C R E S T D R I V E W I L L I A M S A D D I T I O N U N I T 7 C A B . E , S L D . 9 1 P . R . W . C . G O L D E N V I S T A D R I V E W I L L I A M S A D D I T I O N U N I T 6 C A B . D , S L D . 2 8 2 P . R . W . C . G A R D E N V I L L A D R I V E G E O R G E T O W N H O U S I N G A U T H O R I T Y D O C . N o . 2 0 0 8 0 5 0 7 0 1 O . P . R . W . C . JA N I S D R I V E W E L L S F A R G O B A N K D O C . N o . 2 0 0 9 0 9 2 8 0 5 O . P . R . W . C . T E X A S L . A . W . A D D I T I O N C A B . E , S L D . 3 6 1 P . R . W . C . T R A C T 2 T R A C T 1 INTERSTATE HIGHWAY -35 N O R T H W E S T B O U L E V A R D S 26°38'55" W 1575.97' S 8 8 ° 0 9 ' 1 4 " E 2 1 1 . 9 6 ' S 26°46'35" W 211.36' 1 / 2 " I P F I N C O N O R A N G E C A P 3 / 8 " I P F N O C A P 5 / 8 " I P F N O C A P 5 / 8 " I P F N O C A P 3 / 8 " I P F N O C A P 3 / 8 " I P F N O C A P Y E L L O W C A P " C S L T D " 5 / 8 " I P F N O C A P 5 / 8 " I P F N O C A P 1 / 2 " I P F I N C O N O R A N G E C A P " R P L S 5 7 8 4 " 1 / 2 " I P F I N C O N O R A N G E C A P " R P L S 5 7 8 4 " 3 " B R A S S D I S K I N C O N " C H A P A R R A L " O R A N G E C A P " R P L S 5 7 8 4 " 1 / 2 " I P F I N C O N O R A N G E C A P O R A N G E C A P O R A N G E C A P " R P L S 5 7 8 4 " O R A N G E C A P C O T T O N S P I N D L E F O U N D L1 L2 N 37°45' 3 5 " E 141.22' N 39°1 1 ' 2 6 " E 271.95' S 5 2 ° 1 8 ' 4 0 " W 19 9 . 5 0 ' L3 (S 38°43' W 141.12 - R E C 1 ) (R E C 1 ) (R E C 1 ) (R E C 9 ) ( S 5 2 ° 1 4 ' 5 6 " W 19 9 . 5 9 ' - R E C 9 ) (N 38° 3 7 ' 2 7 " E 271.95' - R E C 9 ) ZONE 'A' ZONE 'B'ZONE 'C' ZONE 'A' ZONE 'B'ZONE 'C' Fo n t a n a P l a z a Pl a n n e d U n i t D e v e l o p m e n t DE V E L O P M E N T Z O N E S Conceptual site plan.Final site plan may vary. FEET 60 120 2400 B MW G R O U P N B Attachment number 11 \nPage 18 of 28 Item # N GA R D E N V I L L A D R I V E GO L D E N V I S T A D R I V E GO L D E N C R E S T D R I V E GARDEN V I E W D R I V E PR I V A T E A C C E S S I-35 FRONTAGE ROAD NO R T H W E S T B L V D . WASHA M D R I V E NO R T H W E S T B L V D . HOTEL RESTAURANT RETAIL TOWN HOME RETAIL RETAIL HOUSING FOUNDATION WATER QUALITY | DETENTION MULTI FAMILY RESIDENTIAL COLLECTOR STREET RESIDENTIAL LOCAL STREET PRIVATE ACCESS LEGEND Fo n t a n a P l a z a Pl a n n e d U n i t D e v e l o p m e n t LA N D U S E P L A N Conceptual site plan.Final site plan may vary. FEET 60 120 2400 B MW G R O U P N C Attachment number 11 \nPage 19 of 28 Item # N (S 41°1 9 ' W 1717.14' O V E R A L L - R E C 3 A N D R E C 4 ) (N 26°36'57" E 208.87' - REC7) ( O V E R A L L C A L L - R E C 6 ) (S 38°2 8 ' W 438.64' O V E R A L L - R E C 1 ) ( S 5 8 ° 4 3 ' E 4 1 7 . 2 9 ' - R E C 1 ) (S 5 1 ° 1 7 E 1 4 5 . 2 2 ' R E C 1 ) (S 38°4 3 ' W 267.44' - R E C 1 ) (S 5 1 ° 1 7 ' E 2 1 9 . 4 9 ' - R E C 1 ) (N 39°0 3 ' E 273.62' - R E C 1 ) (S 38°11' W 244.50' - R E C 1 ) (N 2 5 ° 1 7 ' W 20 1 . 6 2 ' - R E C 1 ) (S 2 5 ° 1 7 ' E 20 1 . 6 2 ' - R E C 1 ) (S 2 7 ° 2 8 ' 1 5 " E 14 9 . 1 6 ' - R E C 2 ) (S 4 8 ° 4 1 ' E 1 1 6 . 0 6 ' - R E C 4 ) (S 17° W 223.47' - R E C 5 ) ( N 8 7 ° 3 5 ' W 3 6 3 . 3 9 ' - R E C 5 ) ( N 8 7 ° 3 2 ' W 3 8 7 . 0 2 ' - R E C 5 ) ( N 8 7 ° 2 1 ' W 3 6 1 . 9 0 ' - R E C 6 ) ( N 8 7 ° 5 1 ' 1 0 " W 2 0 9 . 3 7 ' - R E C 7 ) (S 26°44.6' W1106.4 OVERALL - REC8) (N 29°36.4' E 801.0' - REC8)(S 26°44.6' W1426.2' - REC8) (N 27°04' E 202.26' - REC1) (S 38°43' W 141.12 - R E C 1 ) (R E C 1 ) (R E C 1 ) (REC1) (R E C 1 ) (REC1) (REC1) (REC1) (R E C 1 ) ( R E C 1 ) (R E C 4 ) (R E C 4 ) (R E C 4 ) (REC4) (REC 6 ) ( R E C 1 ) (REC1) (S 38°2 8 ' W 156.80' - R E C 1 ) ( R E C 1 ) (R E C 1 ) (R E C 1 ) (R E C 1 ) (R E C 1 ) ( R E C 1 ) (REC 1 ) A. FL O R E S S U R V E Y ABST R A C T N O . 4 9 7 N. PO R T E R S U R V E Y ABST R A C T N O . 2 3 5 APPR O X I M A T E S U R V E Y L I N E PER T E X A S N A T U R A L R E S O U R C E S I N F O R M A T I O N S Y S T E M G I S D A T A N 38°29' 2 3 " E 1716.06' L1 0 L1 1 L1 2 L13 N 5 1 ° 3 7 ' 1 1 " W 11 6 . 9 2 ' N 16°43'09" E 222.51' S 8 7 ° 5 6 ' 2 0 " E 3 6 3 . 5 3 ' S 8 7 ° 4 1 ' 1 2 " E 3 8 6 . 7 5 ' S 8 7 ° 3 4 ' 1 1 " E 3 6 1 . 3 3 ' L14 L 1 5 S 26°49'25" W 209.02' S 8 7 ° 3 3 ' 2 8 " E 2 1 1 . 1 4 ' S 26°46'35" W 894.88'S 29°38'32" W 801.00' S 26°48'48" W 1424.78' S 27°09'30" W 199.94' N 5 9 ° 0 4 ' 1 3 " W 4 1 6 . 6 3 ' L1 L2 L3 N 5 1 ° 1 4 ' 2 1 " W 1 4 2 . 7 2 ' N 37°45' 3 5 " E 141.22' N 38°4 5 ' 5 6 " E 267.38' L4 N 5 1 ° 2 0 ' 2 2 " W 21 9 . 2 9 ' S 38°5 7 ' 1 1 " W 273.41' C 1 L 7 N 38°03' 1 4 " E 244.36' N 38°23' 1 9 " E 438.28' L8 N 38°29' 0 8 " E 156.46' N 2 7 ° 2 2 ' 5 8 " W 14 9 . 6 8 ' L 9 C2 C3 N 2 5 ° 2 5 ' 1 2 " W 20 1 . 7 1 ' S 2 5 ° 2 6 ' 1 1 " E 20 1 . 9 0 ' C4 C5 C 6 C7 L16 L1 7 L6 L5 GA R D E N V I L L A D R I V E GO L D E N V I S T A D R I V E GO L D E N C R E S T D R I V E GARDEN V I E W D R I V E PR I V A T E A C C E S S I-35 FRONTAGE ROAD NO R T H W E S T B L V D . WASHA M D R I V E NO R T H W E S T B L V D . 8' SIDEWALK 5' SIDEWALK LEGEND FEET 60 120 2400 B MW G R O U P N D Fo n t a n a P l a z a Pl a n n e d U n i t D e v e l o p m e n t PE D E S T R I A N C I R C U L A T I O N Conceptual site plan.Final site plan may vary. 8' SIDEWALK 5' SIDEWALK LEGEND Attachment number 11 \nPage 20 of 28 Item # N 9628257 TEXAS L.A.W. ADDITION CAB. E, SLD. 361 P.R.W.C. SCOFIE L D P R O P E R T I E S , L L C . DOC. N o . 2 0 0 5 0 3 2 3 5 3 O.P.R.W . C . SCOFIE L D P R O P E R T I E S , L L C . DOC. N o . 2 0 0 5 0 3 2 3 5 1 O.P.R.W . C . NORTH W E S T R E T A I L S U B D . CAB. Y , S L D . 3 7 5 P.R.W. C . GATEWAY NORTHWEST CAB. G, SLD. 121 P.R.W.C. WELLS FARGO BANK DOC. No.2009092805 O.P.R.W.C. JANIS D R I V E GEORGETOWN HOUSING AUTHORITY DOC. No. 2008050701 O.P.R.W.C. GARD E N V I L L A D R I V E WILLIAMS ADDITION UNIT 6 CAB. D, SLD. 282 P.R.W.C. GOLDEN VISTA DRIVE WILLIAMS ADDITION UNIT 7 CAB. E, SLD. 91 P.R.W.C. GOLDEN CRE S T D R I V E G A R D E N V I E W D R I V E GOLDEN OAKS CAB. B, SLD. 394 P.R.W.C.M.I. SUMMERLIN & J.E. SPRING, TRUSTEES VOL. 1122, PG. 373 O.R.W.C. MEM 3 5 , L T D . DOC. N o . 2 0 2 0 1 6 1 1 0 O.P.R . W . C . (R I G H T O F W A Y V A R I E S ) GATEWAY NORTHWEST CAB. G, SLD. 121 P.R.W.C. 72.79 AC JAY WOLF VOLUME 457, PAGE 589 D.R.W.C. G A T E W A Y N O R T H W E S T C A B . G , S L D . 1 2 1 P . R . W . C . JAY WOLF VOLUME 457, PAGE 589 D.R.W.C. BEARINGS CITED HEREON BASED ON GRID NORTH TEXAS STATE PLANE COORDINATE SYSTEM (NAD83) 3.94 AC J A N I S D R I V E W A S H A M D R I V E W A S H A M D R I V E 1 2 N O R T H W E S T B O U L E V A R D IN T E R S T A T E H I G H W A Y - 3 5 TRACT 1 TRACT 2 (S 3 8 ° 2 8 ' W 438 . 6 4 ' O V E R A L L - R E C 1 ) (S 4 1 ° 1 9 ' W 171 7 . 1 4 ' O V E R A L L - R E C 3 A N D R E C 4 ) (OVERALL CALL - REC6) (N 2 6 ° 3 6 ' 5 7 " E 2 0 8 . 8 7 ' - R E C 7 ) (S 58°43' E 417.29' - REC1) (S 5 1 ° 1 7 E 1 4 5 . 2 2 ' R E C 1 ) (S 3 8 ° 4 3 ' W 267 . 4 4 ' - R E C 1 ) (S 5 1 ° 1 7 ' E 2 1 9 . 4 9 ' - R E C 1 ) (N 3 9 ° 0 3 ' E 273 . 6 2 ' - R E C 1 ) (S 3 8 ° 1 1 ' W 244 . 5 0 ' - R E C 1 ) ( N 2 5 ° 1 7 ' W 2 0 1 . 6 2 ' - R E C 1 ) ( S 2 5 ° 1 7 ' E 2 0 1 . 6 2 ' - R E C 1 ) ( S 2 7 ° 2 8 ' 1 5 " E 1 4 9 . 1 6 ' - R E C 2 ) (S 4 8 ° 4 1 ' E 1 1 6 . 0 6 ' - R E C 4 ) (S 1 7 ° W 2 2 3 . 4 7 ' - R E C 5 ) (N 87°35' W 363.39' - REC5) (N 87°32' W 387.02' - REC5) (N 87°21' W 361.90' - REC6) (N 87°51'10" W 209.37' - REC7) (S 2 6 ° 4 4 . 6 ' W 1 1 0 6 . 4 O V E R A L L - R E C 8 ) (N 2 9 ° 3 6 . 4 ' E 8 0 1 . 0 ' - R E C 8 ) (S 2 6 ° 4 4 . 6 ' W 1 4 2 6 . 2 ' - R E C 8 ) (N 2 7 ° 0 4 ' E 2 0 2 . 2 6 ' - R E C 1 ) (S 3 8 ° 4 3 ' W 141 . 1 2 - R E C 1 ) ( R E C 1 ) ( R E C 1 ) (R E C 1 ) ( R E C 1 ) (RE C 1 ) (R E C 1 ) (R E C 1 ) ( R E C 1 ) (REC1 ) ( R E C 4 ) (R E C 4 ) ( R E C 4 ) (R E C 4 ) ( R E C 6 ) ( R E C 1 ) (R E C 1 ) (S 3 8 ° 2 8 ' W 156 . 8 0 ' - R E C 1 ) (REC1) ( R E C 1 ) ( R E C 1 ) (R E C 1 ) (R E C 1 ) (REC1) ( R E C 1 ) TRACT 1 TRACT 1 POINT OF BEGINNING POINT OF BEGINNING S 2 6 ° 3 8 ' 5 5 " W 1 5 7 5 . 9 7 ' S 88°09'14" E 211.96' S 2 6 ° 4 6 ' 3 5 " W 2 1 1 . 3 6 ' S 2 6 ° 4 7 ' 0 4 " W 4 4 8 . 1 6 ' A . F L O R E S S U R V E Y A B S T R A C T N O . 4 9 7 N . P O R T E R S U R V E Y A B S T R A C T N O . 2 3 5 A P P R O X I M A T E S U R V E Y L I N E P E R T E X A S N A T U R A L R E S O U R C E S I N F O R M A T I O N S Y S T E M G I S D A T A T150 T45 T44 T43 T42 T40 T39 T38 T41 T46 T47T2018T49 T48 T151 T2000 T2002 T2003 T2001 T2004 T2005 T2006 T2007 T2016 T2017 T2008 T2012 T2009 T2010T2011 T2015 T2014 T1011 T1009 T1010 T1008 T2138 T2137 T2136 T2135 T2134 T2075 T2074 T2073 T2077 T2076 T2156 T2157 T2079 T2078 T2080 T2081 T1007 T1006 T126 T127 T128 T125 T129 T124 T123 T100 T101 T102 T2133 T103 T105 T107T106 T104 T110 T109 T108 T1004 T1003 T114 T112 T111 T113 T1002 T52 T53 T54 T55 T56 T57 T58 T59 T60 T61 T62 T63 T64 T65 T66 T67 T68 T69 T70 T71 T72 T73 T74 T75T76 T8 T190 T3000 T1001 T1000 T2149 T3001 T2152 T2151 T2150T2153 T2154 T2155 T1012 T2131 T2132 T1005 T2139 T2140 T2142 T2141 T2143 T2144 T37 T14 T13 T15 T16 T28 T25 T26 T27 T24 T23 T22 T21 T20 T19 T18T17 T5 T7T6 T36 T29 T30 T31 T32 T33 T34 T35 T2146 T2145 T1 T2 T3 T4 T50 T51 T10 T9 T12 T11 T152 T154 T153 T169 T168 T170 T171 T155 T156 T157 T158 T159 T160 T161 T172 T173 T174 T2147 T2148 T175 T182 T182A T180 T179 T178 T177 T176 T185 T184 T183 T186 T188 T187 T189 T2019 T2020 T2021 T2022 T2023 T2024 T2025 T2026 T2028 T2029 T2027 T2030 T2062 T2063 T2071 T2070 T2061 T2060 T2031 T2032 T2034 T2033 T2035 T2059 T2058 T2057 T2055 T2054 T2040 T2038 T2039 T2037 T2036 T2041 T2048 T2047 T2049 T2050 T2051 T2052 T2053 T2056 T2042 T2043 T2044 T2045 T2046 T2064 T2065 T2069 T2072 T2068 T2067 T2066 T2013 T2103 T2104 T2105 T2106 T2107 T2108 T2121 T2118T2119 T2120 T2117 T2124 T2125 T2123 T2122 T2082 T2116 T2114 T2113 T2112 T2111 T2115 T2110 T2109 T130 T122 T131 T132 T121 T120 T119 T117 T118 T116 T115 T2126 T2127 T2128 T2129 T2130 T2097 T2095 T2096 T2094 T2093 T2092 T2089 T2088 T2087 T2084 T2086 T2085 T2090 T2091 T2083 T2102 T2101T2100 T2099 T2098 T167T165 T163 T164 T166 T162 1/2" IPF IN CON ORANGE CAP 3/8" IPF NO CAP 5/8" IPF NO CAP 5/8" IPF NO CAP 3/8" IPF NOCAP 3/8" IPF NO CAP YELLOW CAP "CS LTD" 5/8" IPF NO CAP 5/8" IPF NO CAP 1/2" IPF IN CON ORANGE CAP "RPLS 5784" 1/2" IPF IN CON ORANGE CAP "RPLS 5784" 3" BRASS DISK IN CON "CHAPARRAL" ORANGE CAP "RPLS 5784" 1/2" IPF IN CON ORANGE CAP ORANGE CAP N 3 8 ° 2 9 ' 2 3 " E 17 1 6 . 0 6 ' L10 L1 1 L12 L1 3 N 5 1 ° 3 7 ' 1 1 " W 11 6 . 9 2 ' N 1 6 ° 4 3 ' 0 9 " E 22 2 . 5 1 ' S 87°56'20" E 363.53'S 87°41'12" E 386.75'S 87°34'11" E 361.33' L 1 4 L15 S 2 6 ° 4 9 ' 2 5 " W 20 9 . 0 2 ' S 87°33'28" E 211.14' S 2 6 ° 4 6 ' 3 5 " W 89 4 . 8 8 ' S 2 9 ° 3 8 ' 3 2 " W 80 1 . 0 0 ' S 2 6 ° 4 8 ' 4 8 " W 14 2 4 . 7 8 ' S 2 7 ° 0 9 ' 3 0 " W 19 9 . 9 4 ' N 5 9 ° 0 4 ' 1 3 " W 41 6 . 6 3 ' L 1 L 2 L3 N 5 1 ° 1 4 ' 2 1 " W 1 4 2 . 7 2 ' N 3 7 ° 4 5 ' 3 5 " E 14 1 . 2 2 ' N 3 8 ° 4 5 ' 5 6 " E 26 7 . 3 8 ' L4 N 5 1 ° 2 0 ' 2 2 " W 2 1 9 . 2 9 ' S 3 8 ° 5 7 ' 1 1 " W 27 3 . 4 1 ' C1 L7 N 3 8 ° 0 3 ' 1 4 " E 24 4 . 3 6 ' N 3 8 ° 2 3 ' 1 9 " E 43 8 . 2 8 ' L8 N 3 8 ° 2 9 ' 0 8 " E 15 6 . 4 6 ' N 2 7 ° 2 2 ' 5 8 " W 1 4 9 . 6 8 ' L9 C 2 C 3 N 2 5 ° 2 5 ' 1 2 " W 2 0 1 . 7 1 ' S 2 5 ° 2 6 ' 1 1 " E 2 0 1 . 9 0 ' C 4 C 5 C6 C 7 L1 6 L 1 7 L6 L5 EXHIBIT TO ACCOMPANY FIELD NOTES WILLIAMSON COUNTY TEXAS TRACT 1 - 72.79 ACRES OUT OF THE A. FLORES SURVEY, ABSTRACT NO. 497 AND THE N. PORTER SURVEY, ABSTRACT NO. 235 TRACT 2 - 3.94 ACRES OUT OF THE N. PORTER SURVEY, ABSTRACT NO. 235 SHEET OF Castleberry Surveying, Ltd. FENCE POST 1/2" IRON PIN SET 1/2" IRON PIN FOUND w/YELLOW PLASTIC CAP "CS, LTD" (UNLESS OTHERWISE NOTED) PLAT RECORDS WILLIAMSON CO. OFFICIAL RECORDS WILLIAMSON CO. DEED RECORDS WILLIAMSON CO. P.R.W.C. O.R.W.C. D.R.W.C. TXDOT CONCRETE MONUMENT OFFICIAL PUBLIC RECORDS WILLIAMSON CO.O.P.R.W.C. 3613 Williams Drive, Suite 903 - Georgetown, Texas 78628 (512) 930-1600/(512) 930-9389 fax www.castleberrysurveying.com LEGEND 1 1 E Attachment number 11 \nPage 21 of 28 Item # N TAG# 1 2 3 4 5 6 7 8 10 11 12 13 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 TYPE ELM ELM ELM POST OAK ELM POST OAK ELM POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK ELM ELM ELM ELM POST OAK POST OAK ELM POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK ELM ELM ELM ELM ELM LIVE OAK LIVE OAK LIVE OAK LIVE OAK ELM LIVE OAK LIVE OAK LIVE OAK CHARACTERISTICS SINGLE SINGLE SINGLE SINGLE TRIPLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE TWIN TWIN TWIN SINGLE SINGLE TWIN SINGLE TRIPLE SINGLE SINGLE SINGLE SINGLE SINGLE DIAMETER (INCHES) 14 15 16 23 16, 14, 10 31 19 19 17 22 25 13 28 18 21 22 26 18 14 16 13 25 27 23 19 28 29 23 27 21 22 21 20 21 21 21 19 15, 11 13, 9 12, 12 12 12 13, 10 12 12, 7, 6 12 14 16 13 15 TAG# 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 TYPE LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK ELM LIVE OAK ELM ELM LIVE OAK LIVE OAK LIVE OAK LIVE OAK ELM LIVE OAK LIVE OAK ELM POST OAK ELM ELM LIVE OAK ELM SPANISH OAK SPANISH OAK SPANISH OAK ELM ELM ELM ELM ELM LIVE OAK ELM ELM LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK CHARACTERISTICS SINGLE SINGLE QUAD SINGLE SINGLE SINGLE TWIN SINGLE SINGLE SINGLE TWIN SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE TRIPLE TWIN TWIN SINGLE SINGLE SINGLE SINGLE TWIN TRIPLE DIAMETER (INCHES) 13 17 13, 12, 10, 6 17 17 36 24, 8 14 13 12 26, 26 13 13 16 12 13 24 14 12 14 12 17 17 14 18 14 20 18 27 13 16 12 15 14 32 14 15 16 29 13 12 23, 20, 17 17, 13 19, 16 23 18 20 29 20, 18 15, 13, 13 TAG# 124 125 126 127 128 129 130 131 132 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 182 182A 183 184 185 186 187 188 189 190 TYPE LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK ELM ELM POST OAK POST OAK POST OAK ELM POST OAK POST OAK ELM ELM POST OAK POST OAK POST OAK POST OAK POST OAK ELM ELM POST OAK ELM ELM PECAN POST OAK POST OAK ELM POST OAK POST OAK POST OAK ELM POST OAK ELM ELM ELM POST OAK ELM POST OAK POST OAK ELM POST OAK CHARACTERISTICS SINGLE SINGLE SINGLE SINGLE SINGLE TWIN SINGLE SINGLE SINGLE SINGLE TWIN SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE TWIN SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE TWIN TWIN SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE TWIN SINGLE SINGLE SINGLE SINGLE DIAMETER (INCHES) 51 49 27 31 38 24, 18 43 31 38 27 13, 10 24 12 12 24 22 28 14 20 13, 5 12 13 15 14 13 16 36 15 14 24 12 16 47 1 14, 11 13, 11 13 13 13 12 16 13 14 12 20 15, 12 20 21 12 36 TAG# 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 TYPE ELM POST OAK ELM ELM ELM LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK ELM LIVE OAK LIVE OAK ELM ELM LIVE OAK ELM LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK ELM LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK ELM LIVE OAK LIVE OAK LIVE OAK LIVE OAK ELM ELM ELM ELM ELM ELM LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK CHARACTERISTICS SINGLE SINGLE SINGLE SINGLE SINGLE QUAD SINGLE SINGLE SINGLE TWIN SINGLE SINGLE SINGLE SINGLE TWIN SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE TWIN SINGLE SINGLE SINGLE SINGLE SINGLE TWIN SINGLE TRIPLE SINGLE SINGLE TWIN TWIN SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE TWIN SINGLE SINGLE SINGLE SINGLE TWIN SINGLE TWIN SINGLE DIAMETER (INCHES) 14 25 12 14 13 22, 18, 17, 8 27 29 28 18, 16 21 17 13 22 35, 32 14 13 22 17 35 28 34, 23 14 14 15 14 27 19, 18 13 15, 15, 11 22 12 13, 9 17, 14 12 19 13 21 13 15 12 12, 8 14 14 18 13 28, 17 13 15, 12 13 TAG# 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 TYPE LIVE OAK LIVE OAK ELM LIVE OAK LIVE OAK LIVE OAK ELM LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK POST OAK LIVE OAK LIVE OAK LIVE OAK ELM ELM LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK ELM LIVE OAK LIVE OAK ELM LIVE OAK LIVE OAK ELM LIVE OAK LIVE OAK LIVE OAK ELM LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK CHARACTERISTICS SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE TWIN TWIN SINGLE TRIPLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE TWIN SINGLE TRIPLE SINGLE SINGLE SINGLE TRIPLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE TRIPLE TRIPLE TRIPLE SINGLE SINGLE SINGLE DIAMETER (INCHES) 21 25 15 20 25 18 14 27, 20 16, 12 22 35, 10, 9 15 18 19 15 17 15 15 21 26 14 14 17 21 19, 19 15 19, 16, 15 23 18 17 19, 16, 15 13 26 28 27 14 36 17 23 15 16 12 13 14 12, 12, 10 18, 14, 13 18, 16, 14 13 14 15 TAG# 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 TYPE LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK LIVE OAK ELM ELM ELM LIVE OAK LIVE OAK LIVE OAK CHARACTERISTICS SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE TWIN SINGLE SINGLE SINGLE SINGLE SINGLE TWIN SINGLE SINGLE TWIN SINGLE TWIN TWIN TWIN QUAD TWIN TWIN SINGLE TWIN SINGLE SINGLE 5X TWIN TRIPLE SINGLE SINGLE SINGLE SINGLE TWIN TWIN SINGLE TWIN SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE DIAMETER (INCHES) 13 12 12 12 13 16 13 14 19 13 13, 12 14 15 17 12 13 12, 10 14 13 15, 12 14 14, 10 14, 10 27, 12 21, 15, 12, 10 12, 6 18, 12 12 18, 12 21 22 14, 12, 9, 9, 7 16, 12 15, 10 16 15 13 19 34, 11 14, 12 15 16, 7 15 12 13 12 13 20 29 23 TAG# 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 3000 3001 TYPE LIVE OAK LIVE OAK LIVE OAK POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK POST OAK ELM POST OAK POST OAK ELM ELM POST OAK POST OAK POST OAK LIVE OAK ELM POST OAK POST OAK CHARACTERISTICS SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE TWIN SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE SINGLE DIAMETER (INCHES) 18 25 21 16 17 15 23 16 19 23 19 16 17 20 12, 11 12 19 13 18 24 15 22 18 TREE LIST TREE LIST TREE LIST TREE LIST TREE LIST TREE LIST TREE LIST DRAWING FILE: H:\11020 - Wolf 68 ac IH35 at NW Blvd\data\Surveys\ ACAD-V2004_11082_BOUNDARY_20110505.dwg May 16, 2011 - 11:22 am mmorris SHEET OF Castleberry Surveying, Ltd. PLAT RECORDS WILLIAMSON CO.P.R.W.C. 3613 Williams Drive, Suite 903 - Georgetown, Texas 78628 (512) 930-1600/(512) 930-9389 fax www.castleberrysurveying.com 1 1 E Attachment number 11 \nPage 22 of 28 Item # N F Attachment number 11 \nPage 23 of 28 Item # N F Attachment number 11 \nPage 24 of 28 Item # N F Attachment number 11 \nPage 25 of 28 Item # N F Attachment number 11 \nPage 26 of 28 Item # N FontanaPlazaͲIH35atNWBlvd. January4,2012 ProjectYields TotalProperty:77.63 ac Parcel LandUse Assumptions Percent Ac Total SF A HAͲMultiͲFamily (HousingAuthority24U/AC) 24 u/a 11% 8.90 ac 213.4 units B MultiͲFamily (3 Story Ͳ 20 Unils/AC)20 u/a 4%3.48 ac 69.6 units UnitYield YIELD B Multi Family (3Story20Unils/AC)20 u/a 4%3.48 ac 69.6 units C MultiͲFamily (3StoryͲ20Unils/AC)20 u/a 7% 5.36 ac 107.2 units D Hotel (100rooms)5% 3.62 ac 100.0 rooms E Restaruant (ResturantUse)5,000 sf/a 2% 1.72 ac 8,600.0 SF F Retail (RetailUse)10,000 sf/a 12% 9.70 ac 97,000.0 SF G Retail (RetailUse)10,000 sf/a 39% 30.49 ac 304,900.0 SF H Retail (RetailUse)10,000 sf/a 4% 3.12 ac 31,200.0 SF I Detention|WQ 6% 4.66 ac R.O.W.(Roadways) 9% 7.19 ac Total: 78.24 ac NOTE:THISINFORMATIONISBASEDONASSUMPTIONSANDESTIMATESANDREPRESENTSNOREGULATORYAPPROVALS.Planallocationaresubjecttochange. Exhibit G At t a c h m e n t n u m b e r 1 1 \ n P a g e 2 7 o f 2 8 It e m # N S 26°48'48" W 1424.78' (S 26°44.6' W1426.2' - REC8) I-35 FRONTAGE ROAD RETAIL WATER QUALITY | DETENTION T 2 0 0 2 T 2 0 0 3 T 2 0 0 1 T 2 0 0 4 T 2 0 0 5 T 2 0 0 6 T 2 0 0 7 T 2 0 1 6 T 2 0 1 7 T 2 0 0 8 T 2 0 1 2 T 2 0 0 9 T 2 0 1 0 T 2 0 1 1 T 2 0 1 5 T 2 0 1 4 T 1 0 1 1 T 1 0 0 9 T 1 0 1 0 T 1 0 0 8 T 2 1 3 8 T 2 1 3 7 T 2 1 3 6 T 2 1 3 5 T 2 1 3 4 T 2 0 7 5 T 2 0 7 4 T 2 0 7 3 T 2 0 7 7 T 2 0 7 6 T 2 1 5 6 T 2 1 5 7 T 2 0 7 9 T 2 0 7 8 T 2 0 8 0 T 2 0 8 1 T 1 0 0 7 T 1 0 0 6 T 1 2 6 T 1 2 7 T 1 2 8 T 1 2 5 T 1 2 9 T 1 2 4 T 1 2 3 T 1 0 0 4 T 1 0 0 3 T 1 1 4 T 1 1 2 T 1 1 1 T 1 1 3 T 1 0 0 2 T 1 0 0 1 T 2 1 5 1 T 2 1 3 1 T 2 1 3 2 T 1 0 0 5 T 2 0 6 2 T 2 0 6 3 T 2 0 7 1 T 2 0 7 0 T 2 0 6 1 T 2 0 6 0 T 2 0 3 3 T 2 0 5 9 T 2 0 5 8 T 2 0 5 7 T 2 0 5 5 T 2 0 5 4 T 2 0 4 0 T 2 0 3 8 T 2 0 3 9 T 2 0 3 7 T 2 0 3 6 T 2 0 4 1 T 2 0 4 8 T 2 0 4 7 T 2 0 4 9 T 2 0 5 0 T 2 0 5 1 T 2 0 5 2 T 2 0 5 3 T 2 0 5 6 T 2 0 4 2 T 2 0 4 3 T 2 0 4 4 T 2 0 4 5 T 2 0 4 6 T 2 0 6 4 T 2 0 6 5 T 2 0 6 9 T 2 0 7 2 T 2 0 6 8 T 2 0 6 7 T 2 0 6 6 T 2 0 1 3 T 2 1 0 3 T 2 1 0 4 T 2 1 0 5 T 2 1 0 6 T 2 1 0 7 T 2 1 0 8 T 2 1 2 1 T 2 1 1 8 T 2 1 1 9 T 2 1 2 0 T 2 1 1 7 T 2 1 2 4 T 2 1 2 5 T 2 1 2 3 T 2 1 2 2 T 2 0 8 2 T 2 1 1 6 T 2 1 1 4 T 2 1 1 3 T 2 1 1 2 T 2 1 1 1 T 2 1 1 5 T 2 1 1 0 T 2 1 0 9 T 1 3 0 T 1 2 2 T 1 3 1 T 1 3 2 T 1 2 1 T 1 2 0 T 1 1 9 T 1 1 7 T 1 1 8 T 1 1 6 T 1 1 5 T 2 1 2 6 T 2 1 2 7 T 2 1 2 8 T 2 1 2 9 T 2 1 3 0 T 2 0 9 7 T 2 0 9 5 T 2 0 9 6 T 2 0 9 4 T 2 0 9 3 T 2 0 9 2 T 2 0 8 9 T 2 0 8 8 T 2 0 8 7 T 2 0 8 4 T 2 0 8 6 T 2 0 8 5 T 2 0 9 0 T 2 0 9 1 T 2 0 8 3 T 2 1 0 2 T 2 1 0 1 T 2 1 0 0 T 2 0 9 9 T 2 0 9 8 FEET 15 30 600 B MW G R O U P N H Fo n t a n a P l a z a Pl a n n e d U n i t D e v e l o p m e n t HE R I T A G E T R E E S - P O N D Conceptual site plan.Final site plan may vary. HERITAGE TREE LEGEND SINGLE TRUNK - 30" + SINGLE TRUNK - >30" TWO TRUNK MULTI-TRUNK PROPOSED TO BE REMOVED Attachment number 11 \nPage 28 of 28 Item # N City of Georgetown, Texas March 27, 2012 SUBJECT: Consideration and possible action to approve a Resolution amending the development processing and application fees pursuant to Chapter 3.02.020 of the Unified Development Code (UDC) -- Elizabeth A. Cook, Community Development Director and Valerie Kreger, AICP, Principal Planner (action required) ITEM SUMMARY: Background: The Planning and Development related fees were last updated in March 2010. As part of the that approval City Council established a three-year cycle to review development related fees, so staff will conduct a full review of fees next year. In the interim, there are proposed Unified Development Code (UDC) amendments that are creating new review processes that do not have associated fees in the existing fee schedule. These new application types are noted below with the proposed fee. The proposed fees are based on an estimated amount of staff review time and costs anticipated for each application type; while the proposed fee may not be a full recovery, it seems appropriate based on the existing fee schedule. Site Plan and Subdivision Plat Extension $100 Site Plan and Subdivision Plat Reinstatement $250 Minor Site Plan $150 Vacation of Recorded Plat $250 Special Use Permit Extension $100 Unified Development Code Amendment Text (individual) $400 Waiver of Building Permit Delay, pursuant UDC Section 3.13.010.D.4 $100 The Development Fee Schedule is attached with the proposed new fees shown in red text and underlined. GGAF Recommendation: On March 6, 2012, the General Government and Finance Subcommittee recommended approval with a vote of 5 to 0. Recommended Motion: Approval of the Resolution amending Unified Development Code Section 3.02.020 pertaining to development processing fees. FINANCIAL IMPACT: The new fees will be paid into the General Fund and will help offset the cost to process applications including staff review and notification expenses, if applicable. It is not clear how many of the proposed applications will be submitted. It is likely that some Site Plan Amendment applications might now qualify as a Minor Site Plan, and therefore, for that application type there would be a reduction in fees. As well, if applicants have the option to extend or reinstate an expired plan or plat rather than submit an entire new application with the full fee, there could also be a reduction in anticipated fees. However, staff believes that these processes have value and are supported by the UDC Task Force who worked with staff to create these abbreviated processes to help facilitate project development. SUBMITTED BY: Elizabeth A. Cook, Community Development Director ATTACHMENTS: Exhibit A - Fee Schedule Fee Resolution Cover Memo Item # O Resolution No. _________ Page 1 of 1 RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, UPDATING THE DEVELOPMENT PROCESSING AND APPLICATION FEES PURSUANT TO CHAPTER 3.02.020 OF THE UNIFIED DEVELOPMENT CODE. WHEREAS, as part of the 2011-2012 Annual Unified Development Code (UDC) review process there are new application review processes that are being created for which there are no existing fees identified: Minor Site Plan, Site Plan Extension, Site Plan Reinstatement, Plat Extension, Plat Reinstatement, Vacation of Recorded Plat, Special Use Permit Extension, Unified Development Code Text Amendment (individual), and Waiver of Building Permit Delay, pursuant to UDC Section 3.13.010.D.4; and WHEREAS, Section 3.02.020 of the Unified Development Code provides that City Council shall establish the application fees; and WHEREAS, the City Council has determined that the Planning and Development fees are not required to reflect a full recovery of staff review time spent for each individual application, however; they should seek to recover the cost of application processing; and WHEREAS, the City Council has determined that the Development Processing and Application Fees should be reviewed on a three-year cycle to ensure that the fees are appropriate and reasonable and instructs City staff to develop a fee review process that will be followed every third year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The City Council of the City of Georgetown hereby updates and adopts the development processing and applications fees as shown in Exhibit A to this Resolution. RESOLVED this ______ day of March, 2012. ATTEST: THE CITY OF GEORGETOWN: By: ______________________________ By: _______________________________ Jessica Brettle George Garver City Secretary Mayor APPROVED AS TO FORM: By: ______________________________ Bridget Chapman Acting City Attorney Attachment number 1 \nPage 1 of 1 Item # O 1 Application Fee Schedule The following is a summary of the City of Georgetown’s land development processing fees. For questions or verification of the total fees for your project, please contact Planning and Development at 512-930-3575. All application fees include the initial notification fees. However, subsequent notifications will be charged to the applicant prior to making each additional notice at the rate of $75 per notice. For large scale projects with over 50 mailed notices, an additional fee of $1.00 per letter shall be charged for each mailing over 50 pieces. All calculations will be based on fractions of an acre charged as a full acre. Some applications may require additional companion applications, such as a Comprehensive Plan Amendment that will likely require a Georgetown Utility Systems Utility Evaluation. Access Point Connection Exemption $350 Administrative Exception/ Determination $300 Annexation (Voluntary) $1,000 Appeal (100% refunded if appeal is granted) $250 Certificate of Design Compliance: Administrative / DeMinimis Projects (Exterior signage, paint color, fencing and other minor improvements) $25 Minor Projects: (Remodel of structures less than 5,000 sq. ft. in size; landscape/ hardscape installation; alternative parking plans; demolition and/ or removal of structures) $150 Major Projects: (Remodel of structures greater than 5,000 sq. ft. in size, infill/ new construction) $250 Certificate of Occupancy (billed with Inspections/ Permitting, if applicable) $50 per inspection Comprehensive Plan Amendment $700 Construction/ Infrastructure Plans (submitted alone, no site plan) $300 base + $100 per acre acre/ lot, after first, whichever is greater Construction/ Infrastructure Plans - minor amendment / revision $300 Construction / Infrastructure Plans- major revision Full fee for area subject to revision Development Agreement / MUD / Special District $3,000 (includes 5 hrs Staff meetings) + Staff time @ rate to be determined + related Legal Fees @ $225 hour. Rate will be higher if billed at higher rate. Development Agreement Amendment $1,500 (includes 5 hrs Staff meetings) + Staff time @ rate to be determined + related Legal Fees @$225 hour. Rate will be higher if billed at higher rate. Attachment number 2 \nPage 1 of 3 Item # O 2 Driveway Permit Agricultural $50 Residential $100 per site + $250 if TIA required, see also TIA fees Non-Residential $100.00 per driveway + $250 if TIA required, see also TIA fees Letters of Regulatory Compliance $50 License to Encroach $200 Master Sign Plan $75 per sign Parkland Dedication $250 per LUE Resubmissions received more than 45 days after comments sent or after 3rd submission: Plats, Construction/ Infrastructure Plans & Site Plans $250 Revision - Minor - Administrative (plats, site plan or other administratively approved application) $250 Revision - Minor to Board or City Council 50% of current application fee Revision - Major Current application fee Rezoning - (0 - 5 acres) $500 Each additional 5 acres $75 Rezoning - PUD or Mixed Use District (3-5 acres) $1,000 Each additional 5 acres $100 Sign Permit $75 per sign Sign Permit, Open House / Model Home $25 (1 sign) + $5 per additional sign Sign Permit, temporary event $25 for up to 5 signs then $5 per sign Site Plan $650 + $75 per acre over 1 acre Site Plan w/ Construction Plan Combo - must be part of Site Plan $750 + $175 per acre over 1 acre Site Plan, Minor $150 Site Plan Extension $100 Site Plan Reinstatement $250 Special Exception or Variance $350 Special Use Permit $500 Special Use Permit Extension $100 Stormwater Permit $150 Attachment number 2 \nPage 2 of 3 Item # O 3 Subdivision: Administrative or Amending Plat $300 Preliminary Plat or Replat $900 + $20 per acre or lot whichever is greater Preliminary Plat and Final Plat combined, if option available $400 + $12.50 per acre or lot whichever is greater Final Plat $800 + $25 per acre or lot whichever is greater Plat Waiver $100 Plat Extension $100 Plat Reinstatement $250 Plat Notice, if required $50 Plat Recording Fees, set by Williamson County and subject to change $61 1st pg, $50 ea. add’l pg, 2 sets, $5 ea. add’l set Vacation of Recorded Plat $250 Temporary Use Permit $100 Traffic Impact Analysis $500 + Engineer Review Fees @ $150 per hr., rate will be higher if City billed at higher rate Tree Protection Priority $300 if stand alone, otherwise included in companion application fee Unified Development Code Text Amendment (individual) $400 Utility Evaluation $300 + Engineer Review Fees @ $150 per hour. Each request will be charged separately. Engineer fee will be higher if City billed at higher rate. Variance $350 Waiver without a Plat $250 Waiver of Building Permit Delay – UDC Section 3.13.010.D.4 $100 Attachment number 2 \nPage 3 of 3 Item # O City of Georgetown, Texas March 27, 2012 SUBJECT: Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to award a Construction Contract to Westar Construction, Inc., of Georgetown, Texas, for the construction of the 2009 Miscellaneous Sidewalks, Curb and Drainage Improvements Projects in the amount of $297,330.50 -- Edward G. Polasek, AICP, Transportation Services Director and Bill Dryden, P.E., Transportation Engineer ITEM SUMMARY: The City of Georgetown is proposing to construct sidewalk and drainage improvements along Austin Avenue between 2nd Street and 5th Street and at other various locations in the City as shown on the attached Location Map. The City engaged the firm of Baker-Aicklen & Associates, Inc., of Round Rock, Texas, to provide professional services to develop Plans Specifications and Estimate (PS&E) for the 2009 Miscellaneous Sidewalks, Curb and Drainage Improvements Projects. This project was publicly advertised on February 19th and 26th. Five bids were received on March 5th and the lowest responsive bidder is Westar Construction, Inc., of Georgetown, Texas, with a bid of $297,330.50. The Engineer’s estimate for this project is $274,563.00. The project engineer, Baker-Aicklen & Associates, Inc., has evaluated the bids and recommends award to Westar Construction, Inc., of Georgetown, Texas, in the amount of $297,330.50. GTAB BOARD RECOMMENDATION: This item was unanimously recommended by the GTAB Board for Council approval at the March 9, 2012, GTAB Board meeting. STAFF RECOMMENDATION: Staff concurs with Baker-Aicklen, a & Associates, Inc., and recommends award of the Construction Contract to Westar Construction, Inc., of Georgetown, Texas, for the construction of the 2009 Miscellaneous Sidewalks, Curb and Drainage Improvements Projects in the amount of $297,330.50 FINANCIAL IMPACT: CIP – Budgetary and Financial Analysis Worksheet is attached. SUBMITTED BY: Edward Polasek/Bill Dryden ATTACHMENTS: Location Map CIP Budget Worksheet Engineer Letter of Recommendation Bid Tab Cover Memo Item # P At t a c h m e n t n u m b e r 1 \ n P a g e 1 o f 1 It e m # P At t a c h m e n t n u m b e r 2 \ n P a g e 1 o f 1 It e m # P At t a c h m e n t n u m b e r 3 \ n P a g e 1 o f 1 It e m # P At t a c h m e n t n u m b e r 4 \ n P a g e 1 o f 1 It e m # P City of Georgetown, Texas March 27, 2012 SUBJECT: Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to award a Construction Contract to Patin Construction Co., of Taylor, Texas, for construction of curb and gutter at various locations in the City, in the amount of $641,006.00 -- Edward G. Polasek, AICP, Transportation Services Director and Mark Miller, Transportation Services Manager ITEM SUMMARY: The City of Georgetown’s Transportation Services Department engaged Steger Bizzell Engineering to provide professional services for Curb and Gutter as part of the Specified Street and Drainage Rehabilitation and Maintenance project. The City received sealed bids from twelve bidders on February 22nd for the Curb and Gutter portion of this project. This curb and gutter installation basically involves replacement of existing stand up curbs on sections of the Williams Addition between Golden Oaks Drive and Shannon lane, replacement of deteriorated, poorly draining curb on Rock Street between University Avenue and 9th Street, and installing a new valley curb along 22nd Street between Austin Avenue and Church Street. The low bid came from Patin Construction of Taylor, Texas consisting of a base bid of $566,451.50 plus an alternate bid of $74,554.50 totaling $641,006.00. The City has used Patin Construction on smaller utility tasks in the past with satisfactory results. GTAB BOARD RECOMMENDATION: This item was unanimously recommended by the GTAB Board for Council approval at the March 9, 2012 GTAB Board meeting. STAFF RECOMMENDATION: Staff concurs with Steger Bizzell and recommends award of the Construction Contract to Patin Construction of Taylor, Texas for the combined Base plus Alternate bid total of $641,006.00. FINANCIAL IMPACT: See attached CIP- Budgetary and Financial Analysis Worksheet SUBMITTED BY: Edward G. Polasek/Mark Miller ATTACHMENTS: CIP Budget Worksheet Engineers Letter of Recommendation Bid Tabs Cover Memo Item # Q At t a c h m e n t n u m b e r 1 \ n P a g e 1 o f 1 It e m # Q It e m # Q At t a c h m e n t n u m b e r 3 \ n P a g e 1 o f 2 It e m # Q At t a c h m e n t n u m b e r 3 \ n P a g e 2 o f 2 It e m # Q City of Georgetown, Texas March 27, 2012 SUBJECT: Forwarded from the Georgetown Transportation Advisory Board (GTAB) & the Georgetown Transportation Enhancement Corporation (GTEC): Discussion and possible action to approve a Resolution authorizing a 90/10 Agreement for Right of Way Procurement with the Texas Department of Transportation related to the FM 1460 Project in an estimated amount of $1,501,176.12 for local share of right-of-way acquisition and utility relocation -- Edward G. Polasek, AICP, Transportation Services Director and Bill Dryden, P.E., Transportation Engineer ITEM SUMMARY: At the February 10, 2012 GTAB Meeting staff discussed the Texas Department of Transportation (TxDOT) intent to fund the FM 1460 right-of-way (ROW) and utility relocation efforts, if the City of Georgetown and Round Rock agreed to complete 100% PSE work for the project. Based on the Boards recommendation, City Council approved the Interlocal Agreement with the City of Round Rock and Task Order Amendment with Brown & Gay Engineers to complete this work in February. Now, the City has received the attached Agreement for Right of Way Procurement from TxDOT to initiate this process. This agreement will allow TxDOT to pay for 90% of the ROW and utility relocation cost, with the local government covering the standard 10% of the cost. This will result in having TxDOT construction plans, with cleared ROW and utilities, ready for bid in FY 2014. The Right of Way maps used in the acquisition process are being updated to reflect the shift in FM 1460/SE Inner Loop Intersection to the east, once all property owners sign the appropriate agreement for the environmental document. GTAB BOARD RECOMMENDATION: This item was unanimously recommended by the GTAB Board for Council approval at the March 9, 2012 GTAB Board meeting. GTEC BOARD RECOMMENDATION: GTEC Board meeting was after the due date for Council items. GTEC’s recommendation will be given at the dais. STAFF RECOMMENDATION: Recommend City Council approval of the Agreement for Right of Way Procurement and necessary resolutions to approve the agreement. FINANCIAL IMPACT: TxDOT has developed with it’s partner agencies the attached Funding Matrix which show the distribution of existing committed funds and bonds sold by the City. By completing this work now, we are shaving years off of project development before ROW and utility relocation assistance may be available again. SUBMITTED BY: Edward G. Polasek/Bill Dryden ATTACHMENTS: Fund Matrix Resolution - Part 1 Resolution - Part 2 Letter to Mayor Garver Cover Memo Item # R At t a c h m e n t n u m b e r 1 \ n P a g e 1 o f 1 It e m # R At t a c h m e n t n u m b e r 2 \ n P a g e 1 o f 1 2 It e m # R At t a c h m e n t n u m b e r 2 \ n P a g e 2 o f 1 2 It e m # R At t a c h m e n t n u m b e r 2 \ n P a g e 3 o f 1 2 It e m # R At t a c h m e n t n u m b e r 2 \ n P a g e 4 o f 1 2 It e m # R At t a c h m e n t n u m b e r 2 \ n P a g e 5 o f 1 2 It e m # R At t a c h m e n t n u m b e r 2 \ n P a g e 6 o f 1 2 It e m # R At t a c h m e n t n u m b e r 2 \ n P a g e 7 o f 1 2 It e m # R At t a c h m e n t n u m b e r 2 \ n P a g e 8 o f 1 2 It e m # R At t a c h m e n t n u m b e r 2 \ n P a g e 9 o f 1 2 It e m # R At t a c h m e n t n u m b e r 2 \ n P a g e 1 0 o f 1 2 It e m # R At t a c h m e n t n u m b e r 2 \ n P a g e 1 1 o f 1 2 It e m # R At t a c h m e n t n u m b e r 2 \ n P a g e 1 2 o f 1 2 It e m # R At t a c h m e n t n u m b e r 3 \ n P a g e 1 o f 1 0 It e m # R At t a c h m e n t n u m b e r 3 \ n P a g e 2 o f 1 0 It e m # R At t a c h m e n t n u m b e r 3 \ n P a g e 3 o f 1 0 It e m # R At t a c h m e n t n u m b e r 3 \ n P a g e 4 o f 1 0 It e m # R At t a c h m e n t n u m b e r 3 \ n P a g e 5 o f 1 0 It e m # R At t a c h m e n t n u m b e r 3 \ n P a g e 6 o f 1 0 It e m # R At t a c h m e n t n u m b e r 3 \ n P a g e 7 o f 1 0 It e m # R At t a c h m e n t n u m b e r 3 \ n P a g e 8 o f 1 0 It e m # R At t a c h m e n t n u m b e r 3 \ n P a g e 9 o f 1 0 It e m # R At t a c h m e n t n u m b e r 3 \ n P a g e 1 0 o f 1 0 It e m # R At t a c h m e n t n u m b e r 4 \ n P a g e 1 o f 2 It e m # R At t a c h m e n t n u m b e r 4 \ n P a g e 2 o f 2 It e m # R City of Georgetown, Texas March 27, 2012 SUBJECT: Discussion and possible action regarding amending the proposed roadway plan for the intersection of FM 1460 and Inner Loop -- Tommy Gonzalez, Council Member District 7 ITEM SUMMARY: In order to maximize the economic potential on the 4 corners of FM 1460 and Inner Loop, A resolution to relocate the FM 1460 and Inner Loop proposed overpass to a location that will be determined in the future by close cooperation of the City of Georgetown Staff with property owners and TXDOT, which will accommodate expected 2035 traffic loads along with providing the greatest potential for economic development. FINANCIAL IMPACT: Maximize economic potential. SUBMITTED BY: ATTACHMENTS: roadway plan for 1460 Cover Memo Item # S Council Meeting Date: March 27 2012 Item No. ____ ____ AGENDA ITEM COVER SHEET ________________________________________________________________________ SUBJECT : Discussion and possible action regarding amending the proposed roadway plan for the intersection of FM 1460 and Inner Loop. ___________________________________________________________ __________ ITEM SUMMARY: In order to maximize the economic potential on the 4 corners of FM 1460 and Inner Loop, A resolution to relocate the FM 1460 and Inner Loop proposed overpass to a location that will be determined in the future by close cooperation of the City of Georgetown Staff with property owners and TXDOT, which will accommodate expected 2035 traffic loads along with providing the greatest potential for economic development. FINANCIAL IMPACT: Maximize Economic Potential ________________________________________________________________________________________ Submitted By: Tommy Gonzalez, Council Member District 7 Attachment number 1 \nPage 1 of 1 Item # S City of Georgetown, Texas March 27, 2012 SUBJECT: Consideration and possible action to amend the City of Georgetown's Roadway plan -- Tommy Gonzalez, Council Member District 7 ITEM SUMMARY: Proposing a Resolution to amend the City of Georgetown's adopted roadway plan for the Inner Loop Road improvements to eliminate the proposed overpass intended to accommodate the Georgetown railroad easement which is being purchased and extinguished, as well as the over pass proposed at Interstate Highway 35 and Inner Loop. FINANCIAL IMPACT: Help economic development proceed in southeast Georgetown SUBMITTED BY: ATTACHMENTS: Amend City's Roadway Plan Cover Memo Item # T Attachment number 1 \nPage 1 of 1 Item # T City of Georgetown, Texas March 27, 2012 SUBJECT: Forwarded from the Georgetown Utility System Advisory Board(GUS): Consideration and possible action to approve Task Order CDM-12-004 with CDM Smith, Inc., of Austin, Texas, for professional services related to Pecan Branch Wastewater Treatment Plant Expansion in the amount of $957,815.00 -- David Munk, P.E., Utility Engineer and Glenn W. Dishong, Utility Director ITEM SUMMARY: This Task Order is for engineering services for the design of the expansion of the Pecan Branch Wastewater Treatment Plant. The description of this project will include Preliminary engineering, final design, bid phase, and construction phase to increase the capacity from 1.5 MGD to 3.0 MGD. This expansion is needed because we have met the capacity requirements of the TCEQ. When the plants capacity reaches 75% TCEQ requires the plant to be under design for expansion, capacity reaches 90% the plant need to under construction. The City has selected CDM Smith, Inc. of Austin, Texas as the most qualified firm to provide engineering service for the Pecan Branch Wastewater Treatment Plant expansion. CDM Smith has successfully completed designs similar to the Pecan Branch Wastewater plant Expansion including the original design of the existing Pecan Branch Wastewater plant, for the City of Georgetown. GUS BOARD RECOMMENDATIONS: This item was unanimously recommended by the GUS Board for Council approval at the March 9, 2012 GUS Board meeting. STAFF RECOMMENDATIONS: Staff recommends approval for Task Order CDM-12-004 in the amount of $957,815.00. FINANCIAL IMPACT: See attached CIP - Budgetary and Financial Analysis Worksheet SUBMITTED BY: David Munk, P.E., Utility Engineer/Glenn W. Dishong, Utility Director ATTACHMENTS: Task Order CDM-12-004 Budget Form Task Order CDM-12-004 Cover Memo Item # U At t a c h m e n t n u m b e r 1 \ n P a g e 1 o f 1 It e m # U At t a c h m e n t n u m b e r 2 \ n P a g e 1 o f 8 It e m # U At t a c h m e n t n u m b e r 2 \ n P a g e 2 o f 8 It e m # U At t a c h m e n t n u m b e r 2 \ n P a g e 3 o f 8 It e m # U At t a c h m e n t n u m b e r 2 \ n P a g e 4 o f 8 It e m # U At t a c h m e n t n u m b e r 2 \ n P a g e 5 o f 8 It e m # U At t a c h m e n t n u m b e r 2 \ n P a g e 6 o f 8 It e m # U At t a c h m e n t n u m b e r 2 \ n P a g e 7 o f 8 It e m # U At t a c h m e n t n u m b e r 2 \ n P a g e 8 o f 8 It e m # U City of Georgetown, Texas March 27, 2012 SUBJECT: Forwarded from the General Government and Finance Subcommittee (GGAF): Consideration and possible action to approve award of three year lease for cardio equipment to be used in the Recreation Center to Marathon Fitness, of Sugar Land, Texas, with Allstate Capital providing the financing for a total of $108,568.02 -- Kimberly Garrett, Parks and Recreation Director ITEM SUMMARY: The current cardio equipment in use at the Recreation Center has reached the three year use period planned by Parks and Recreation, and was declared surplus by the City Council on January 24, 2012. The replacement equipment lease was bid out competitively, and the only bid meeting specifications was from Marathon Fitness of Sugar Land, Texas. The lease period on the equipment will be three years and existing City owned equipment will be traded in to reduce the lease payments. Maintenance is included for the initial year of the lease, and the City retains the option to add preventative maintenance for the second and third years at an additional cost. The City will add the lease equipment to its policy with TML to ensure the equipment is covered during the lease, which represents a cost savings over having Marathon insure the equipment. The annual lease payments will be $36,189.34, and the annual insurance cost will be approximately $90. Outfitting the Recreation Center with equipment via an operational lease will provide the ability to replace equipment more frequently to ensure state of the art equipment is available to Recreation Center members. The difference in cost between a straight purchase versus a lease is minimal. In a commercial facility such as the Recreation Center, with a large number of users, cardio equipment begins to wear and require frequent repairs after three-four years. To avoid down time, equipment must be replaced on a regular schedule. Staff recommends award of this requirement to the only vendor meeting all advertised specifications, Marathon Fitness with AllState Capital providing financing. Marathon’s bid meets all specifications and will allow the Recreation Center to continue providing Precor cardio equipment as they have previously – there will be no retraining on maintaining and using the equipment and the weight room will remain uniform in function and appearance. GGAF Subcommittee approved this item at their March 6, 2012 meeting. FINANCIAL IMPACT: All costs will be paid from account 100-5-0212-51-310, Contracts & Leases. SUBMITTED BY: Kimberly Garrett, Parks and Recreation Director ATTACHMENTS: Marathon's Bid Response Cover Memo Item # V At t a c h m e n t n u m b e r 1 \ n P a g e 1 o f 1 2 It e m # V At t a c h m e n t n u m b e r 1 \ n P a g e 2 o f 1 2 It e m # V At t a c h m e n t n u m b e r 1 \ n P a g e 3 o f 1 2 It e m # V At t a c h m e n t n u m b e r 1 \ n P a g e 4 o f 1 2 It e m # V At t a c h m e n t n u m b e r 1 \ n P a g e 5 o f 1 2 It e m # V At t a c h m e n t n u m b e r 1 \ n P a g e 6 o f 1 2 It e m # V At t a c h m e n t n u m b e r 1 \ n P a g e 7 o f 1 2 It e m # V At t a c h m e n t n u m b e r 1 \ n P a g e 8 o f 1 2 It e m # V At t a c h m e n t n u m b e r 1 \ n P a g e 9 o f 1 2 It e m # V At t a c h m e n t n u m b e r 1 \ n P a g e 1 0 o f 1 2 It e m # V At t a c h m e n t n u m b e r 1 \ n P a g e 1 1 o f 1 2 It e m # V At t a c h m e n t n u m b e r 1 \ n P a g e 1 2 o f 1 2 It e m # V City of Georgetown, Texas March 27, 2012 SUBJECT: Forwarded by the General Government and Finance Subcommittee (GGAF): First Reading of an Ordinance amending Chapter 12.20 of the City of Georgetown Code of Ordinances entitled "Parks and Recreational Facilities" -- Kimberly Garrett, Parks and Recreation Director (action required) ITEM SUMMARY: Currently some of the rental fees charged for parks and recreation facilities, policies and regulations are set by ordinance. Having these items set by ordinance is burdensome on the City Council by requiring them to adjust to market conditions and cost of services. The revisions to the current ordinance provide greater flexibility and ease of administration for staff in administering fees, policies and regulations to more quickly respond to issues and concerns. Revisions include: 1. Allows Parks and Recreation Director to establish usage fees, rental rates, and policies and regulations. 2. Removal of park rental areas, swimming pool rental rates, ball field rental rates and the community center rates. a. Fees will be reviewed by the Parks and Recreation Board and the City Manager. b. The City Council will review the fees annually during the budget process. This item was approved by the GGAF Subcommittee at their March 6, 2012 meeting. 3. Clarifications on prohibited practices to better coordinate with other City ordinances. 4. Removal of certain sections of ordinance to be placed in administrative policy and regulations. Comments: Additional work is being done to streamline a parks and recreation fee schedule and park regulations. Once completed, they will be provided in parks and recreation program guides and online. This revised ordinance mirrors the language and processes for the updates to Chapter 12.24, “Events and Celebrations”, which is also included on today’s agenda. FINANCIAL IMPACT: No financial impact is expected SUBMITTED BY: Kimberly Garrett, Parks and Recreation Director ATTACHMENTS: Ordinance Redline Ordinance Ordinance_Parks_3.20.2012_Final Exhibit A Cover Memo Item # W Ord. No. ______ Special Events ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING CHAPTER 12.20 ENTITLED “PARKS AND RECRETIONAL FACILITIES” OF THE CODE OF ORDINANCES OF THE CITY OF GEORGETOWN TEXAS; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Georgetown (“City Council”) recognizes the importance of maintaining safe parks and recreational facilities for the general public to enjoy; and WHEREAS, Chapter 12.20 currently includes rules, regulations and fees governing the use of park and recreational facilities; and WHEREAS, the City Council recognizes that in order to provide greater flexibility, ease of administration, and the ability to respond to market conditions, park rules, regulations and fees should be set by administrative rule; and WHEREAS, the fee schedule will be reviewed annually by the City Council during the budget process; WHEREAS, the City Council has determined that it is in the best interest of the City of Georgetown to amend Chapter 12.20 entitled Parks and Recreational Facilities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT; SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance complies with the Vision Statement of the City of Georgetown 2030 Comprehensive Plan. SECTION 2. Chapter 12.20 of the Code of Ordinances of the City of Georgetown, Texas is hereby amended in its entirety and shall provide as shown in EXHIBIT A. SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Attachment number 1 \nPage 1 of 2 Item # W Ord. No. ______ Special Events SECTION 4. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the _____ day of March, 2012. PASSED AND APPROVED on Second Reading on the ______ day of April, 2012. ATTEST: THE CITY OF GEORGETOWN: ______________________ ______________________ Jessica Brettle, City Secretary By: George Garver, Mayor APPROVED AS TO FORM: ______________________ Bridget Chapman, Acting City Attorney Attachment number 1 \nPage 2 of 2 Item # W Page 1 of 9 CHAPTER 12.20. - PARKS AND RECREATIONAL FACILITIES Sec. 12.20.010. - Definitions. "City Park park" means any property in the City designated as a park, playground, recreational facility, swimming pool or hike and bike path, and shall include buildings, parking lots and driveways in such areas. "U.S. Army Corps of Engineers Park Land" means any property within the City's jurisdictional limits owned by the United States Army Corps of Engineers. Sec. 12.20.020. - Use of park facilities. The park facilities, as defined in Section 12.20.010, are open to use by the public on a first-come, first- serve basis with the exception of the Community Center. Exclusive use of all other facilities addressed in this Chapter is possible through prior reservation according to the procedures set forth in this Chapter and in the "Reservation" section of the "Rental Information" packet that is attached as Exhibit B to the ordinance codified in this Chapter, which is on file in the offices of Community Services and the City Secretary. Sec. 12.20.030. - Rental rates, deposits and fees. Rental rates, deposits and fees for the use of specified public facilities are as follows: A. Georgetown Community Center rental rates (per day): Whole Building ½ Building ½ Building with Courtyard Monday ‐ Thursday Friday ‐ Sunday Monday ‐ Thursday Friday ‐ Sunday Monday ‐ Thursday Friday ‐ Sunday Resident (Georgetown City Limits) $500 $600 $250 $350 $275 $375 Non‐Resident $700 $800 $350 $450 $375 $475 Non‐Profit (501c3) $250 $250 $100 $150 $125 $175 Commercial $800 $900 N/A N/A N/A N/A Attachment number 2 \nPage 1 of 9 Item # W Page 2 of 9 B. San Gabriel Park rental rates (per day): 1. Area A—Large arbor .....$30.00 2. Area B—Large arbor .....30.00 3. Area C—Large BBQ pit .....20.00 4. Area D—Basketball slab .....20.00 5. Area E—Parking lot .....20.00 6. Area F—Small arbor .....25.00 7. Area H—Small BBQ pit .....20.00 8. Area G—Small arbor .....20.00 9. Area J—Small arbor .....25.00 10. Area FG—Flower garden .....30.00 11. Area Z—Gazebo .....30.00 C. Approved park land area (per day): 1. Per square foot charge with $10.00 minimum charge .....$0.01 psf D. San Gabriel Park baseball field rental rates: 1. All day field reservation .....$75.00 2. Reservations < 4 hours, per hour .....15.00 3. Lights per hour .....20.00 E. San Gabriel, River Ridge or comparable size swimming pool rental rates: Two-hour rental, City provides lifeguards. 1. Up to 40 people .....$75.00 2. 41—76 people .....90.00 3. 77—102 people .....105.00 F. Williams Drive, Tennis Center, Village or comparable size swimming pool rental rates: Two- hour rental, City provides lifeguards. 1. Up to 40 people .....$110.00 Attachment number 2 \nPage 2 of 9 Item # W Page 3 of 9 2. 41—76 .....160.00 3. 77—102 .....190.00 4. 103 and up .....230.00 G. Deposits (returnable, subject to procedures): 1. Damage and clean up deposit .....$500.00 2. Damage and clean up deposit for dances .....500.00 3. Damage deposit can be paid with cash or credit card, if paid with cash, a credit card number is required to be provided and kept on file by the City as additional security. H. Additional fees (not returnable): 1. Law Enforcement/Security: Police officers are required (for dances open to the public or for which admission is charged; events with live music or a disc jockey; dances; events where alcohol is served; rentals for periods after 10:00 p.m.). A minimum of one officer for every 100 attendees is required. Additional officers may be required at the option of the City Manager. This fee is to be paid prior to the rental date. At the rate of cost per hour, per officer, to be determined by actual cost of labor. 2. Additional clean up fees: If damages exceed $500.00, renter will be required to return the rented facility to pre use conditions. Fees to be charged will be for actual direct costs of labor, materials, supplies and equipment. 3. After-hours fee: A fee of $100.00 per hour shall be assessed for every hour past midnight that the renter occupies the facility, with the exception of New Year's Eve. Dances or events with music held at the Center require the rental of the entire building. Police officers must be hired prior to the event. Georgetown Police Department may be contacted at 930-3510 so that police may be hired. Sec. 12.20.040. - Rental hours. Rental hours shall be as follows: A. Georgetown Community Center: 1. Sunday through Friday .....7:00 a.m. to 12:00 a.m. 2. Saturday .....7:00 a.m. to 12:00 a.m. B. San Gabriel Park Gazebo, Arbors, Basketball Court and Parking Lot: 1. Sunday through Friday .....8:00 a.m. to 12:00 a.m. 2. Saturday .....8:00 a.m. to 12:00 a.m. C. San Gabriel Park Baseball Field: Attachment number 2 \nPage 3 of 9 Item # W Page 4 of 9 1. Sunday through Friday .....8:00 a.m. to 12:00 a.m. 2. Saturday .....8:00 a.m. to 12:00 a.m. D. Swimming Pools: 1. Sunday through Friday .....8:00 a.m. to 12:00 a.m. 2. Saturday .....8:00 a.m. to 12:00 a.m. E. Rivery Park Pavilion: 1. Sunday through Friday .....8:00 a.m. to 12:00 a.m. 2. Saturday .....8:00 a.m. to 12:00 a.m. F. McMaster Athletic Complex: 1. Sunday through Friday .....8:00 a.m. to 12:00 a.m. 2. Saturday .....8:00 a.m. to 12:00 a.m. G. VFW Softball Fields: 1. Sunday through Friday .....8:00 a.m. to 12:00 a.m. 2. Saturday .....8:00 a.m. to 12:00 a.m. Sec. 12.20.050. - Use procedures. The City shall provide to all rental applicants a written procedure stating the contents of this Chapter and the procedural guidelines. The City Manager may require other procedural guidelines and develop information and data forms for clarification and implementation of this Chapter. The procedures, at a minimum, shall contain the following: A. Organizations or persons renting the Community Center for dances must rent the whole center. B. Balance due on facility rental, required deposits, fees and proof of insurance (if required) shall be made and/or documented at least 30 days prior to the reserved date(s). If these are not made, the reservation shall be cancelled and any rental deposits shall be kept by the City as a cancellation fee. C. Representatives of all groups and entities, and any person and entities reserving facilities or park areas shall sign a statement on the rental application indemnifying the City for all personal injuries and property damages incurred from the use and occupation of the facility. D. Facilities addressed in this Chapter may be reserved up to one year in advance. E. Any user may reserve the Community Center three times each year. Each reservation shall not exceed three consecutive calendar days. F. Reserved. Attachment number 2 \nPage 4 of 9 Item # W Page 5 of 9 G. Alcohol that is available or is consumed at the facilities addressed in this Chapter shall be in compliance with the laws of the State and within the regulations of the Texas Alcohol and Beverage Commission. H. Official use of the Community Center will take precedence over any and all reservations that may be in effect in the event of any emergency as identified by the Georgetown Emergency Operations Management Team requiring the group sheltering of Georgetown citizens or residents from the general area. Such pre-emption shall be without liability to the City for any and all damages that may result from the prior reservation. I. In the event two or more persons make application for reservation of the Community Center the same day a year in advance, the lottery procedure, as set forth in the "Reservation" section of the "Rental Information" packet that is attached as Exhibit B to the ordinance codified in this Section, shall be administered. This procedure shall remain on file for public inspection at the offices of Community Services and the City Secretary. The lottery procedure shall not apply to whole building rentals with a minimum of two consecutive days unless two or more persons make application for reservations of the community center for the same days a year in advance. There are no refunds on cancellations of consecutive day rentals. Renter is liable for a minimum of two or more days rental fees. J. Renter is responsible for setup and cleanup/takedown after the event. Setup cannot commence before 8:00 a.m. and cleanup/takedown must be completed before the end of the reservation period. K. Renters claiming nonprofit status must provide evidence that they are a tax exempt charitable organization by providing copies of the organization's: 1. Annual information returns (e.g., Form 990); 2. Exempt status application materials; and 3. Notice of status under Section 527(i) of the Internal Revenue Code. L. In the event that a renter does not follow rental procedures including but not limited to damages and clean-up, the renter will be denied future rentals. Sec. 12.20.020. – Fees and Regulations for City Parks. The City Council authorizes the Parks and Recreation Director to establish usage fees, rental rates, and policies and regulations governing the use of City Parks. The Parks and Recreation Director shall provide the City Council with an annual updated fee schedule for the City Parks with a summary of changes adopted during the previous year. Sec. 12.20.030. - Hours open to the public. The City Parks parks shall be open to the general public from dawn to dusk daily, except as follows or specifically posted otherwise: A. Hike and bike trail. The hike and bike trail along the San Gabriel River shall be open to the general public between the hours of 5:00 a.m. to 11:00 p.m. B. Lighted sport courts (e.g. basketball, tennis, volleyball, skating) shall close at 11:00 p.m. Attachment number 2 \nPage 5 of 9 Item # W Page 6 of 9 C. San Gabriel Park shall close at 12:00 a.m. The showbarn, rodeo area, football field, adult baseball park and GYBA baseball fields within San Gabriel Park shall not be considered City parks for the purpose of this Chapter. D. Rental events. This section shall not apply to persons attending events for which a portion of a City Park park has been rented or reserved pursuant to regulations established by the Parks and Recreation Director. under 12.20.040. Persons attending rental events must abide by the hours listed in Section 12.20.040 E. Special Community Events. This Section shall not apply to persons attending an event permitted by the city as a Special Event pursuant to Chapter 12.24. a community event sponsored by the City pursuant to Resolution No. 02-13-07-EE, as said resolution may be amended from time to time. F. This section shall not apply to the showbarn, rodeo area, football field, adult baseball park and GYBA baseball fields within San Gabriel Park. Closure on order of the City Parks and Recreation Director. This Section shall not apply if the City Parks and Recreation Director has declared a City park or a part of a City park closed pursuant to the authority granted in Section 12.20.120 G. This section shall not apply if the afterhours use is authorized by the Parks and Recreation Director. Different Hours with Special Permit. This section shall not apply if the City Parks and Recreation Director has issued a special permit pursuant to the authority granted in Section 12.20.120 Sec. 12.20.040. – Closure of City Parks City Parks and Recreation Director may close parks. The City Parks and Recreation Director, or his designee, may declare any City Park, or part of any City Park, closed to the general public at any time and for any interval of time, either temporarily or at regular or stated intervals. Sec. 12.20.050. - Prohibited practices. A. Golf Driving Range. It is unlawful to drive, pitch, hit or strike a golf ball in the park except in areas where signs designate an area for such use. B. Hunting, Fishing, or Releasing Animals. It shall be unlawful to hunt, fish or release any animal within City Park boundaries. Bowhunting, Bowfishing. It is unlawful to bowhunt and bowfish within the park boundaries. C. Use of Certain Glass Bottles. No person shall use or possess any glass beverage bottle in City Parks. This shall not apply to foodstuffs in glass containers or wine and liquor bottles used in the Community Center. D. Cliff jumping, or diving. It shall be unlawful for any person to dive or jump from any cliff or rock face in a City Park. It shall be unlawful to knowingly, recklessly, or with criminal negligence, cause any person to dive, jump or fall from any cliff or rock face in a City Park. E. Horses. Horses are not allowed at any time on the hike and bike trails within City Parks. F. Commercial Business Activities. It shall be unlawful to conduct any commercial or business activities of any kind for which any participation or admission fee is charged or any revenue is Attachment number 2 \nPage 6 of 9 Item # W Page 7 of 9 otherwise derived in a City Park unless otherwise authorized by agreement with the City or by permit. G. Use during certain hours. It shall be unlawful for any person to remain in, enter into or trespass upon any City Park during the hours the City Park is closed to the public, unless otherwise authorized by the Parks and Recreation Director. D. Animals and Fowl. Animals or fowl shall not be allowed, at any time, inside the Community Center, unless prior approval is received by the City Manager. The City Manager shall grant approval only when: 1. Assurances for safety of the public are met; 2. Sufficient cleanup, including spraying, is provided for where necessary; 3. The presence of animals or fowl will not create a long-lasting effect on the center. Sec. 12.20.080. - Jumping or diving from cliff at Blue Hole Park. A. It is unlawful for any person to dive or jump from any cliff or rock face in Blue Hole Park. B. It is unlawful to knowingly, recklessly, or with criminal negligence, cause any person to dive, jump or fall from any cliff or rock face in Blue Hole Park. Sec. 12.20.060. - Special rules for U.S. Army Corps of Engineers Park Land. A. The rules and regulations found in Title 36 United States Code "Parks, Forests, and Public Property," Chapter III U.S. Army Corps of Engineers, Part 327 "Rules and Regulations Governing Public Use of Water Resources Development Projects Administered by the Chief of Engineers," as the same may be amended from time to time, are hereby adopted and incorporated herein by reference for all purposes and are applicable to the U.S. Army Corps of Engineers Park Land. B. City personnel shall have the authority to enforce the rules and regulations adopted by reference in Subsection A. of this Section on U.S. Army Corps of Engineers Park Land. Sec. 12.20.070. - Off-leash dog recreation areas. A. Off-leash dog recreation areas shall be established by the City Council in consultation with the City's Parks and Recreation Board, and due consideration shall be given to operational and animal regulation and care issues, including but not limited to: 1. Security measures to assure that the unleashed dogs remain contained within the dog recreation area; 2. Control of noise and other potential nuisances that might affect nearby land uses; 3. Parasite control; 4. Feces control within the dog recreation area and feces runoff from the dog recreation area; and 5. Provisions for the exclusion of dogs that do not participate in compliance with the applicable regulations or that demonstrate aggressive behavior towards other dogs or persons. Attachment number 2 \nPage 7 of 9 Item # W Page 8 of 9 B. The following rules will apply to any off-leash dog recreation area and be posted: 1. Dog park hours are daylight hours (sunrise to sunset). 2. All dogs must be leashed when entering and leaving the park. 3. All dogs must have current rabies and all other vaccinations as required by the City of Georgetown and should be healthy and free of contagious diseases and parasites. 4. Dogs must wear current license tags in the dog park. 5. Dog owners/handlers must carry a copy of their dog's rabies vaccination certificate while in the dog park. 6. Choke chains, prong, spiked, or shock collars are not permitted. 7. The small dog enclosure is for dogs under 30 pounds. 8. Never leave dogs unattended. 9. Dogs must be in view of and within voice control of their owner/handler at all times. 10. Dog owners/handlers must carry a leash with them at all times while in the dog park. 11. Dog owners/handlers are responsible for picking up and disposing of all their dogs waste. 12. Dogs in heat are prohibited. 13. Dogs showing any signs of aggression must be leashed and immediately removed from the park. 14. Dogs under four month of age are prohibited. 15. All dogs must be under the control of an adult and there is a limit of two dogs per adult in the dog park at any time. 16. No food or drink (dog or human) allowed in the park. 17. No glass or metal containers allowed in the dog park. 18. No bicycles, skateboards, rollerblades, or any motorized vehicles. 19. Children under 12 years of age must be under strict adult supervision. Running and chasing dogs is prohibited. 20. No smoking in the dog park. 21. Owner waives liability to the City for any injury or damage caused (by dogs or human) while accessing or using the City parks. 22. Park is subject to closure upon determination by the City that there is a reason deemed to be in the public's interest or safety. USE OF THIS DOG PARK IS AT YOUR OWN RISK! DOG OWNERS/HANDLERS ARE Attachment number 2 \nPage 8 of 9 Item # W Page 9 of 9 RESPONSIBLE FOR THE ACTIONS AND BEHAVIOR OF THEIR DOGS AT ALL TIMES Sec. 12.20.130. - Special permit for extended hours. A. This Section shall only apply to tax exempt charitable organizations hosting fundraising activities in San Gabriel Park if personnel associated with the organization need to remain in the park to safeguard equipment or supplies, or to tend cooking food. B. The Parks and Recreation Director, or his or her duly authorized designee, may for good cause: 1. Grant a special permit allowing use of San Gabriel Park for the reasons stated in Subsection (A) before and/or after the hours set forth in Section 12.20.100; and 2. Impose such terms and conditions on the permit holder as are deemed necessary and desirable, including but not limited to restrictions on location, noise, lighting, and requirements for set-up and removal/takedown of any equipment. C. Applications for permits under this Section must be accompanied by a one hundred dollar ($100.00) application processing fee. This application fee will be returned to the applicant if the City's Parks and Recreation Director determines that the applicant has complied with all provisions of the extended-hours permit, all rules related to clean-up, and all other applicable City ordinances. The rental rates in Section 12.20.030 shall also apply and must be paid in full prior to permit issuance. The rental fees are non-refundable. D. No more than two (2) special permits shall be granted to an eligible entity in each calendar year. E. Applicants must demonstrate that they are a tax exempt charitable organization by providing copies of the following documentation: 1. Annual information returns (e.g., Form 990); 2. Exempt status application materials; and 3. Notice of status under Section 527(i) of the Internal Revenue Code. F. All permittees shall ensure that the area is left clean, trash is removed and properly disposed of at the end of the event, and any disturbed ground is restored. G. Failure to comply with the terms of this Section, any permit issued hereunder, or any other applicable provision of this Code shall be punishable in accordance with Chapter 1.08 of this Code and shall also be grounds for denial of subsequent permit applications. Sec. 12.20.080. - Violation—Penalty. Any person violating any provision of this Chapter is deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine in accordance with the provisions of Section 1.08.010. Each and every violation shall constitute a separate offense. Attachment number 2 \nPage 9 of 9 Item # W EXHIBIT A Chapter 12.20 – Parks and Recreational Facility Sec. 12.20.010. - Definitions. "City Park" means any property in the City designated as a park, playground, recreational facility, swimming pool or hike and bike path, and shall include buildings, parking lots and driveways in such areas. "U.S. Army Corps of Engineers Park Land" means any propert y within the City's jurisdictional limits owned by the United States Army Corps of Engineers. Sec. 12.20.020. – Fees and Regulations for City Parks. The City Council authorizes the Parks and Recreation Director to establish usage fees, rental rates, and policies and regulations governing the use of City Parks. The Parks and Recreation Director shall provide the City Council with an annual updated fee schedule for the City Parks with a summary of changes adopted during the previous year. Sec. 12.20.030. - Hours open to the public. The City Parks shall be open to the general public from dawn to dusk daily, except as follows or specifically posted otherwise: A. Hike and bike trail. The hike and bike trail along the San Gabriel River shall be open to the general public between the hours of 5:00 a.m. to 11:00 p.m. B. Lighted sport courts (e.g. basketball, tennis, volleyball, skating) shall close at 11:00 p.m. C. San Gabriel Park shall close at 12:00 a.m. D. Rental events. This section shall not apply to persons attending events for which a portion of a City Park has been rented or reserved pursuant to the regulations established by the Parks and Recreation Director. E. Special Events. This section shall not apply to persons attending an event permitted by the City as a Special Event pursuant to Chapter 12.24. F. This section shall not apply to the showbarn, rodeo area, and GYBA baseball fields within San Gabriel Park. G. This section shall not apply if the afterhours use is authorized by the Parks and Recreation Director. Attachment number 3 \nPage 1 of 3 Item # W Sec. 12.20.040. – Closure of City Parks The City Parks and Recreation Director, or his designee, may declare any City Park, or part of any City Park, closed to the general public at any time and for any interval of time, either temporarily or at regular or stated intervals. Sec. 12.20.050. - Prohibited practices. A. Golf Driving Range. It shall be unlawful to drive, pitch, hit or strike a golf ball in a City Park except in areas where signs designate an area for such use. B. Hunting, Bow Fishing, or Releasing Animals. It shall be unlawful to hunt, bow fish or release any animal within City Park boundaries. C. Use of Certain Glass Bottles. No person shall use or possess any glass beverage bottle in City Parks. This shall not apply to foodstuffs in glass containers or wine and liquor bottles used in the Community Center. D. Cliff jumping, or diving. It shall be unlawful for any person to dive or jump from any cliff or rock face in a City Park. It shall be unlawful to knowingly, recklessly, or with criminal negligence, cause any person to dive, jump or fall from any cliff or rock face in a City Park. E. Horses. Horses are not allowed at any time on the hike and bike trails within City Parks. F. Commercial Business Activities. It shall be unlawful to conduct any commercial or business activities of any kind for which any participation or admission fee is charged or any revenue is otherwise derived in a City Park unless otherwise authorized by agreement with the City or by permit. G. Use during certain hours. It shall be unlawful for any person to remain in, enter into or trespass upon any City Park during the hours the City Park is closed to the public, unless otherwise authorized by the Parks and Recreation Director. Sec. 12.20.060. - Special rules for U.S. Army Corps of Engineers Park Land. A. The rules and regulations found in Title 36 United States Code "Parks, Forests, and Public Property," Chapter III U.S. Army Corps of Engineers, Part 327 "Rules and Regulations Governing Public Use of Water Resources Development Projects Administered by the Chief of Engineers," as the same may be amended from time to time, are hereby adopted and incorporated herein by reference for all purposes and are applicable to the U.S. Army Corps of Engineers Park Land. B. City personnel shall have the authority to enforce the rules and regulations adopted by reference in Subsection A. of this Section on U.S. Army Corps of Engineers Park Land. Sec. 12.20.070. - Off-leash dog recreation areas. A. Off-leash dog recreation areas shall be established by the City Council in consultation with the City's Parks and Recreation Board, and due consideration shall be given to operational and animal regulation and care issues, including but not limited to: Attachment number 3 \nPage 2 of 3 Item # W 1. Security measures to assure that the unleashed dogs remain contained within the dog recreation area; 2. Control of noise and other potential nuisances that might affect nearby land uses; 3. Parasite control; 4. Feces control within the dog recreation area and feces runoff from the dog recreation area; and 5. Provisions for the exclusion of dogs that do not participate in compliance with the applicable regulations or that demonstrate aggressive behavior towards other dogs or persons. Sec. 12.20.080. - Violation—Penalty. Any person violating any provision of this Chapter is deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine in accordance with the provisions of Section 1.08.010. Each and every violation shall constitute a separate offense. Attachment number 3 \nPage 3 of 3 Item # W City of Georgetown, Texas March 27, 2012 SUBJECT: First Reading of an Ordinance amending Chapter 12.24 of the City of Georgetown Code of Ordinances, entitled “Events and Celebrations” -- Robert Fite, Fire Chief and Laurie Brewer, Deputy City Manager (action required) ITEM SUMMARY: The purpose of the special events ordinance is to define specific events that may provide greater demands on public resources, such as streets, fire, police and parks. This ordinance provides for a planning and permitting process when demands are expected to exceed normal activity for city services, or when a specific activity will deny citizens the normal access to public parks, streets and sidewalks. The revisions to the current ordinances provides greater flexibility to staff to plan and permit these events. It also reduces staff oversight of events held on private property. Revisions include: 1) Clearly defining a special event as being on city owned property and right of way, thus exempting church and school events held entirely on their property 2) Allows Assistant City Manager to establish committee, as needed, and set administrative rules a. More quickly respond to issues and concerns b. Provide administrative rules for parks, insurance, cooking, tents, signage, police coverage 3) Increases the planning time for an event from no more than 120 days to no more than 365 days, to allow applicants to “reserve the date” and reduce burden on city staff 4) Provides for a preliminary application process to allow applicant time to determine feasibility of event 5) Clarifies cost recovery expectations for non-city sponsored events COMMENTS: Additional work is being done to streamline the special events permitting process. This includes development of brochures, handouts and a website to provide clear, concise information to potential events planners. Standardized race routes, including estimated costs, are also being developed to provide race planners options for fun runs and races. This revised ordinance mirrors the language and processes for the updates to Chapter 12.20, “Parks and Recreational Facilities”, which is also included on today’s agenda. ATTACHMENTS: 1. Ordinance FINANCIAL IMPACT: No financial impact is expected. SUBMITTED BY: Robert Fite, Fire Chief and Laurie Brewer, Deputy City Manager ATTACHMENTS: Exhibit A to Ordinance Proposed Ordinance Cover Memo Item # X Ord. No. ______ Special Events ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING CHAPTER 12.24 ENTITLED “EVENTS AND CELEBRATIONS” OF THE CODE OF ORDINANCES OF THE CITY OF GEORGETOWN TEXAS; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Georgetown, Texas (“City Council”) recognizes the need to encourage and promote events for the greater good, cultural diversity and promotion of the City; and WHEREAS, some gatherings and organized activities, due to their size and special requirements, may place unique demands on public resources or pose a danger to public health, safety and welfare; and WHEREAS, in order to plan for these demands on public resources and ensure that public health and safety is protected, it is necessary that the City receive advance notice of these events; WHEREAS, the provisions of this Ordinance are intended to address those concerns and are not intended to place unnecessary burden on any right of association or freedom of expression. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT; SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance complies with the Vision Statement of the City of Georgetown 2030 Comprehensive Plan. SECTION 2. Chapter 12.24 of the Code of Ordinances of the City of Georgetown, Texas is hereby amended in its entirety and shall provide as shown in EXHIBIT A. SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 4. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or Attachment number 1 \nPage 1 of 2 Item # X Ord. No. ______ Special Events application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the _____ day of March, 2012. PASSED AND APPROVED on Second Reading on the ______ day of March, 2012. ATTEST: THE CITY OF GEORGETOWN: ______________________ ______________________ Jessica Brettle, City Secretary By: George Garver, Mayor APPROVED AS TO FORM: ______________________ Bridget Chapman, Acting City Attorney Attachment number 1 \nPage 2 of 2 Item # X 1 EXHIBIT A Chapter 12.24 Events and Celebrations Sec. 12.24.010 Purpose The City recognizes the need to encourage and promote events for the greater good, cultural diversity and promotion of the City. Some gatherings and organized activities, due to their size and special requirements, may place unique demands on public resources or pose a danger to public health, safety and welfare. In order to plan for these demands on public resources and ensure that public health and safety is protected, it is necessary that the City receive advance notice of these events. The provisions of this Chapter are intended to address those concerns and are not intended to place unnecessary burden on any right of association or freedom of expression. Sec. 12.24.020 Definitions Applicant means a person who has filed a written application for a Special Event Permit. City means the City of Georgetown, Texas. City Park means any property in the City designated as a park, playground, recreational facility, swimming pool or hike and bike path, and shall include buildings, parking lots and driveways in such areas. First Amendment Activity means all expressive and associative activity on public streets that is protected by the United States and Texas Constitutions, including speech, press, assembly and the right to petition, but does not include commercial advertising. First Amendment Event means an event where the sole or principal object is First Amendment Activity. Parade means any assembly, march, demonstration or procession upon public streets within the City including persons, animals, or vehicles that is reasonably likely to interfere with the normal flow or regulation of traffic. Permittee means the person to whom a Special Event Permit is granted pursuant to this Chapter. Person means any individual, entity, association or organization. Seasonal Special Event means an event that occurs in a specific season and is scheduled throughout the season on non-sequential days, using a single Special Event Permit. Special Event means a temporary event, gathering or organized activity, including but not limited to Parades, bike races, marathons, walk-a-thons, fireworks displays, concerts, carnivals, other types of races and festivals, First Amendment Events, and Seasonal Special Events which Attachment number 2 \nPage 1 of 8 Item # X 2 involves one or more of the following activities: (1) Closing a public street; (2) Blocking or restricting City-owned property; (3) Blocking or restricting access to City Parks unless otherwise authorized by the City Parks and Recreation Department; (4) Sale of merchandise, food or beverages on City-owned property; (5) Erection of a tent equal to or greater than two hundred (200) square feet in area on City-owned property; (6) Installation of a stage, band-shell, trailer, van, portable building, grandstand or bleachers on City-owned property; (7) Placement of portable toilets on City-owned property; (8) Placement of temporary no-parking signs in a public right-of-way or on City-owned property; or (9) Placement of pedestrian boundary markers on City-owned property. Special Event Permit means written authorization from the Assistant City Manager or designee to hold a Special Event. Special Event Permit Application includes the Preliminary Special Event Permit Application and the Final Special Event Permit Application. Special Event Rules and Regulations means the guidelines, rules, regulations, policies and procedures developed and adopted administratively by the Assistant City Manager or designee for the health, safety and welfare of citizens and Special Event attendees. Special Event Rules and Regulations may include, but are not limited to the following: processes; procedures; cost recovery for public safety, sanitation and transportation personnel; safety regulations; resource requirements; and surety and insurance requirements. Sec. 12.24.030 Permit Required (a) It shall be unlawful for any Person to hold a Special Event, sponsor a Special Event or cause a Special Event to be held without first having obtained a Special Event Permit from the City. (b) No Special Event Permit shall be denied nor shall the Applicant be given less favorable consideration as to time, manner, or place based upon: (1) race, color, creed, religion, gender, domestic relationship status, parental status, sexual orientation, transgender, gender identity or gender expression, national origin, or political affiliation of the Applicant and/or the participants of the Special Event; Attachment number 2 \nPage 2 of 8 Item # X 3 (2) the message of the Special Event, or the identity or associational relationships of the Applicant and/or participants; or (3) any assumption or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed by the Special Event, provided that reasonable accommodation as to time, manner, and place may be required in order for the City to provide the resources necessary for police, fire and emergency services to preserve and protect public health, safety and welfare. (c) A Special Event Permit is not required for: (1) An event conducted entirely on the property of a religious institution, educational institution, college or university campus. City streets or parking lots for multi- tenant buildings, regardless of location, shall not be considered part of a religious institution, educational institution, college or university campus; (2) Property owned or controlled by the City subject to a contract, lease or management/operating agreement with a private party where the agreement addresses events on the property or the event is included within the permitted uses in the agreement; (3) Processions of vehicles operated in compliance with ordinary traffic laws or a procession of pedestrians along or upon public sidewalks, public parks, or private property; (5) Events held for National Night Out; (6) First Amendment Activity conducted entirely on sidewalks, in public parks or on private property; or (7) Events conducted under the supervision of or with the permission of a governmental entity on property owned, leased, or operated by a governmental entity other than the City, if the event does not require the closing or rerouting of a public street, the entity employs certified peace officers to provide security for the event, and the entity adopts and provides to the City, a written plan addressing emergency services, crowd, traffic and parking control. Sec. 12.24.040 Application for Permit A Special Event Permit shall not be issued until a completed Special Event Permit Application, together with any additional information requested, and payments of all applicable fees are received by the City. The Special Event Permit Application must comply with this ordinance, the Special Event Rules and Regulations, and other applicable law. Sec. 12.24.050 Permit Application Requirements (a) Applicant shall file a Preliminary Special Event Permit Application and a Final Special Event Permit Application with the City upon forms provided by the City. Attachment number 2 \nPage 3 of 8 Item # X 4 (b) The Preliminary Special Event Permit Application shall set forth as a minimum the following information: (1) The name, address and telephone number of the Applicant and the name, address and telephone number of Applicant’s designated representative if Applicant is an entity, association or organization. (2) The name, address and telephone number of the Person conducting the Special Event if different from the Applicant with a written statement from the Person conducting the Special Event showing Applicant’s authority to make the Special Event Permit Application. (3) The name, address and telephone number of the person who will be the event representative and who will be responsible for conducting the Special Event. (4) The proposed location(s) for the Special Event. (5) The purpose of the Special Event. (6) The date(s) and time(s) the Special Event will start and terminate. (7) The time at which on-site activities in preparation for the Special Event will begin. (c) The Final Special Event Permit Application shall set forth as a minimum the following information, if applicable, in addition to the Preliminary Special Event Permit Application information: (8) The date when clean up of the property will be complete. (9) The proposed parking areas and number of parking spaces provided. (10) The approximate number of persons who are attending per day for the duration of Special Event. (11) The number and types of animals and vehicles that are part of the Special Event. (12) The location and size of tents, awnings, canopies, food service booths, or other temporary structures shall be shown on a map. (13) Details for all signage shall be included. (14) The location and orientation of loud speakers and any other amplification devices shall be shown on a map. (15) Details regarding food service including planned cooking. (16) Details regarding whether alcohol will be sold or allowed. (17) Details for planned amusement rides. Attachment number 2 \nPage 4 of 8 Item # X 5 (18) Details regarding any traffic control plan. (19) Map(s) showing streets and pedestrian ways that are impacted as well as site setup indicating all equipment that will be used by the Special Event. (20) Proof of insurance for the Special Event. (21) For Parades also include: (a) A route map. (b) Approximate number of participants and type of participants (ex. animals, floats, etc.). (c) Proof that all property owners adjacent to the Parade route have been notified of the route, date and duration of the Parade. (22) Any other information which the Assistant City Manager or designee find necessary under the Standards for Issuance of Special Event Permit set forth in Section 12.24.090. Sec. 12.24.060 Fees and Costs (a) The City Council authorizes the Assistant City Manager or designee to establish Special Event Permit Fees. (b) Applicant shall pay all required fees with the Special Event Permit Application. Applicant shall also be required to pay all fees and costs required by other City ordinances to conduct specific activities in conjunction with or as part of a Special Event. (c) If the City determines that a Special Event may require the special attention and involvement of City personnel or City facilities, the City shall notify the Applicant. Prior to issuance of a Special Event Permit: (1) Applicant and City shall agree upon the additional costs the City will incur as a result of the Special Event and Applicant shall pay those costs to the City; and (2) Applicant shall agree in writing to pay any additional costs to the City incurred as a result of the Special Event within five (5) days of the date upon which the City informs the Applicant of the amount of such additional costs. (d) No Special Event Permit Fee shall be charged for a First Amendment Event. An Applicant for a Special Event Permit shall pay fees for street closures to conduct specific activities in conjunction with or as part of a First Amendment Event, but the amount of the fees shall not be in excess of the City's cost to close the street(s) for traffic control. Sec. 12.24.070 Timeframes and Deadlines Attachment number 2 \nPage 5 of 8 Item # X 6 (a) A Preliminary Special Event Permit Application shall be filed not more than 365 days, before the commencement of the proposed Special Event. (b) A Final Special Event Permit Application shall be filed no less than 30 days, nor more than 365 days, before the commencement of the proposed Special Event. The Assistant City Manager or designee may consider a Final Special Event Application that is filed less than 30 days before the commencement of the proposed Special Event where good and compelling cause is shown and applicable late fees are paid with the application. (c) The City may issue a Special Event Permit for a First Amendment Event when the Final Special Event Permit Application is filed less than 30 days before the commencement of the First Amended Event provided there is adequate time for the City to process the Application and to assure that there are adequate traffic measures in place for the orderly movement of the First Amendment Event participants and traffic. The City and the Applicant shall communicate with the police department and fire department prior to the First Amendment Event. (d) When a timeframe or deadline established in this Section resulted in an Application being due on a weekend, holiday or a day the City is closed for business, the Application shall be due on the business day immediately following said weekend, holiday or closed business day. Sec. 12.24.080 Application Process and Review The Special Event Permit Application will be processed and reviewed pursuant to the Special Events Rules and Regulations. The Assistant City Manager or designee may appoint an events committee or an individual designee responsible for the application process. Sec. 12.24.090 Standards for Issuance of Special Event Permit A Special Event Permit will be issued only if the Assistant City Manager, or designee, finds that the following standards for issuance of Special Event Permit are met: (1) The Special Event will not unnecessarily interrupt the safe and orderly movement of traffic near its location or route. (2) The Special Event will not require the diversion of a number of police officers to properly police the Special Event locale or line of movement and the adjacent areas as to prevent adequate police protection for the City. (3) The concentration of people, animals, and vehicles at assembly points will not unduly interfere with proper fire and police protection or ambulance service to areas near such assembly points or the City. (4) A Parade is scheduled to move from its point of origin to its point of termination without unreasonable delays in route. (5) Other licenses and permits, restrictions, regulations, fees for the City services, safeguards or other conditions deemed necessary by individual City departments for Attachment number 2 \nPage 6 of 8 Item # X 7 the safe and orderly conduct of a Special Event are requested, submitted, and approved (i.e. health permit applications, agreement with police department for police coverage, agreement with public works department regarding cost associated with street closure, etc.). Sec. 12.24.100 Denial or Revocation of a Permit (a) The Assistant City Manager or designee shall deny issuance of a Special Event Permit if: (1) The Special Event will conflict in time or location with another Special Event or event. (2) The Applicant fails to comply with, or the Special Event will violate, the Special Event Rules and Regulations, any City ordinance or any other applicable law. (3) The Applicant makes or allows the making of a false or misleading statement or omission of material fact on a Special Event Application. (4) The Applicant has violated this ordinance or has had a Special Event Permit revoked within the preceding twelve (12) months. (5) The Applicant fails to provide proof of a license or permit required by any City ordinance or by other applicable law for the Special Event. (6) The Applicant fails to provide proof that the insurance requirements for the Special Event have been met. (7) The Special Event would severely hinder the delivery of normal or emergency public services or constitutes a public threat. (b) If the Assistant City Manager or designee determines that the Special Event Permit shall be denied, the Assistant City Manager or designee shall consider alternatives to the time, place or manner of the Special Event that would allow the Special Event to occur. (c) A Special Event Permit shall be revoked upon the following conditions: (1) If the police chief, fire chief, risk manager, building official or other City official, or their designated representatives, find that any of the provisions of this ordinance, another City ordinance, Special Event Rule or Regulation, or other applicable law is being violated, they shall immediately notify the Assistant City Manager or designee and based on that information, the Assistant City Manager or designee shall determine whether the Special Event Permit shall be revoked. (2) When, in the judgment of any of the above named City officials, a violation exists which requires immediate abatement, the City official shall have authority to revoke a Special Event Permit in the absence or unavailability of the Assistant City Manager or designee. (3) The Applicant made or allowed to be made a false or misleading statement or omission of material fact on a Special Event Application that was not discovered until Attachment number 2 \nPage 7 of 8 Item # X 8 after the Special Event Permit was issued. Sec. 12.24.110 Appeal If the Assistant City Manager or designee denies the issuance of a Special Event Permit, or if the City revokes an issued Special Event Permit, the Applicant shall promptly be notified in writing. Such written notice shall include the reasons for the decision to deny or revoke the Special Event Permit. The Applicant or Permittee may appeal the denial or revocation to the City Manager who shall promptly make a ruling on the appeal. Sec. 12.24.120 Special Event Rules and Regulations The City Council authorizes the Assistant City Manager or designee to develop and adopt Special Event Rules and Regulations consistent with, and to further the purpose of, this ordinance. Attachment number 2 \nPage 8 of 8 Item # X City of Georgetown, Texas March 27, 2012 SUBJECT: Second Readingof an Ordinance on a Rezoning to remove a previous Ordinance restriction regarding land uses in a General Commercial (C-3) District at The Rivery Park II (Amended), Block B, Lots 2, 3, 4 and 6, located on Rivery Boulevard and Wolf Ranch Parkway -- Carla Benton, Planner II and Elizabeth A. Cook, Community Development Director (action required) ITEM SUMMARY: Background: The applicant has requested to remove existing restrictions on their C-3 zoned property that prohibit residential and “R” district uses, as defined in the old zoning ordinance and the approved rezoning ordinance, and limit commercial uses to those shown on the original Rivery Concept Plan. The removal would allow the property to develop any uses permitted in the General Commercial (C-3) District. The “R” district uses in the old zoning ordinance included all residential uses such as single-family, multi-family, manufactured home, and office and service, residential planned and residential office. Public Comments: No comments have been received. At the Planning and Zoning meeting of March 6, 2012 a Public Hearing was held with no speakers. Planning and Zoning Commission Recommendation: The Public Hearing was opened at the March 6, 2012 Regular Meeting of the Planning and Zoning Commission. The Planning and Zoning Commission recommended approval of the proposed rezoning by a vote of 5-0. Special Considerations:None City Council Public Hearing and First Reading: After conducting the Public Hearing at their regular meeting on March 13, 2012, the Council approved the first reading of the ordinance for the proposed rezoning by a vote of 7-0. Recommended Motion: Approval of the request to remove existing restrictions on the C-3 zoned property that prohibit residential and “R” district uses and limited commercial uses to those shown on the original Rivery Concept Plan. FINANCIAL IMPACT: None. SUBMITTED BY: Carla Benton, Planner II, and Elizabeth Cook, Community Development Director ATTACHMENTS: Staff Report Location Map Future Land Use Map Zoning Map Aerial Map Conceptual Site Plan Ordinance Exhibit A P&Z Minutes Cover Memo Item # Y Georgetown Planning and Development Department Staff Report The Rivery Park II Rezoning Page 1 of 5 Report Date: February 20, 2012 File No: REZ-2012-001 Project Planner: Carla Benton, Planner II Item Details Project Name: The Rivery Park II Location: Rivery Boulevard and Wolf Ranch Parkway (See Exhibit 1) Total Acreage: 29.375 acres Legal Description: The Rivery Park II (Amended), Block B, Lots 2, 3, 4, and 6 Applicant: Roberto Garcia, ASLA, Garcia Design, Inc. Property Owner: Rivery Partners, Ltd Contact: Roberto Garcia Existing Use: Undeveloped land Existing Zoning: General Commercial (C-3) District “Restricted” Proposed Zoning: General Commercial (C-3) District Future Land Use: Regional Commercial Growth Tier: Tier 1A Overview of Applicant’s Request The applicant has requested to remove existing restrictions on their C-3 zoned property that prohibit residential and “R” district uses as detailed in the old zoning ordinance and the approved rezoning ordinance and limited commercial uses to those shown on the original Rivery Concept Plan, in order to allow the property to develop any uses allowed in the General Commercial (C-3) District. The “R” district uses in the old zoning ordinance included all residential uses such as single-family, multi-family, manufactured home, and office and service, residential planned and residential office. Site Information Location: The four lots are located within the Rivery Park II development, west of Rivery Boulevard and north of Wolf Ranch Parkway. (See Exhibit 1) Physical Characteristics: The lots are currently undeveloped and contain significant tree coverage. Lots 2, 3 and 4 Attachment number 1 \nPage 1 of 5 Item # Y Planning & Development Staff Report The Rivery Park II Rezoning Page 2 of 5 take access from Rivery Boulevard and Lot 6 fronts on Wolf Ranch Parkway. The properties are located behind the City Lights Theatre site and back up to the City’s San Gabriel River Park. The Park contains the hike and bike trail that leads up the Middle San Gabriel River running along the east side of the Georgetown Country Club. (See Exhibit 4) Surrounding Properties: The surrounding properties include commercial development, Multifamily PUD (undeveloped), parkland, and Mixed Use development. (See Exhibit 3) Location Zoning Future Land Use Existing Use North General Commercial (C-3) District Open Space City Parkland South Multifamily (MF) District and General Commercial (C-3) District Regional Commercial and Specialty Mixed Use Area City Lights Theatre, Bank and Multifamily PUD (undeveloped) East General Commercial (C-3) District Regional Commercial The Summit, Brownstone and undeveloped land West Residential Single- Family (RS) District Open Space and Specialty Mixed Use Area City Parkland and Georgetown Country Club (golf course) (See Exhibits 2 and 3) Property History The rezoning of 259 acres known as The Rivery was initally approved by City Council on April, 12, 1994 by Ordinance 94-14 and the rezoning was amended October 22nd, 1996 by Ordinance 96-45. Both Ordinances state, “…C2-A,(now C-3) Restricted zoning district shall exclude all residential uses and all other “R” district uses and shall be limited to the commercial uses shown on the original Rivery Concept Plan in accordance with Exhibit “B”…”. While Exhibit B to both ordinances, the Rivery Concept Plan, shows the proposed area under current consideration for rezoning as multifamily, the 1994 and 1996 ordinances referenced above approved only the retail, office and commercial uses allowed on the Concept Plan. (See Exhibit 5) Again, the “R” district uses in the old zoning ordinance included all residential uses such as single-family, multi-family, manufactured home, and office and service, residential planned and residential office. The City’s policy has changed over the years and we no longer place restrictions on rezonings, such as those included in the 1994 and 1996 ordinances. Removal of the restrictions brings this site into greater compliance with current City policy. Attachment number 1 \nPage 2 of 5 Item # Y Planning & Development Staff Report The Rivery Park II Rezoning Page 3 of 5 2030 Plan Conformance The proposed rezoning is in conformance with the 2030 Plan land use designation of Regional Commercial, which applies to areas that contain large concentrations of commercial uses that serve to draw a regional market, such as major shopping centers, stand-alone big- box retail, tourist attractions and supporting accommodations, and automobile-oriented commercial uses that rely on convenient access from major highways. The Regional Commercial land use category does include some dense residential in the utility models used in the development of the Plan. Additionally, the location of the proposed multifamiy use is along the perimeter, farthest from the IH35 corridor and the big-box development located in the center of the Regional Commercial area. Properties just outside the proposed development include parkland, golf course, and residentially developed properties. It is appropriate to step down the intensity of development along the perimeters closest to less intense uses in the area. The 2030 Plan Growth Tier Map designation is Tier 1A (Developed, Redeveloping), 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 intent of the C-3 District is to provide a location for general commercial and retail activities that serve the entire community and its visitors. Uses may be large in scale and generate substantial traffic, making C-3 District appropriate along freeways and major arterials. Section 5 of the UDC includes uses allowed by right, such as multiple levels of commercial uses as well as apartment complexes and townhomes. Utilities Electric, water, and wastewater are served by the City of Georgetown. It is anticipated that there is adequate capacity to serve this property either by existing capacity or developer participation in upgrades to infrastructure. Transportation The lots are located along major arterials such as Rivery Boulevard and Wolf Ranch Parkway. A Traffic Impact Analysis (TIA) was not deemed necessary for review of this rezoning. Future Application(s) The following applications will be required to be submitted: · Site and Construction plans for each phase of development which will be processed administratively; · Building permits for construction; and · Certificate of Occupancy for all new structures. Attachment number 1 \nPage 3 of 5 Item # Y Planning & Development Staff Report The Rivery Park II Rezoning Page 4 of 5 Staff Analysis Staff is supportive of the request to remove the restrictions to the C-3 district for the following reasons: 1. The Future Land Use designation of Regional Commercial supports both commercial and some residential uses located along arterial roadways. More specifically because of the proposed location of residential along the perimeter of the Regional Commercial area. 2. The existing zoning situation of the surrounding area is primarily C-3 with commercial uses, one MF (multifamily PUD) lot, parkland, and an RS District with an existing golf course. The proposal to remove restrictions would be consistent with the existing MF (multifamily PUD) to the south and the townhomes in C-3 at the Summit development to the north. 3. The surrounding developed uses, include commercially developed sites such as a theater, bank, Home Depot, and The Summit Brownstone townhomes. 4. Although restrictions were applied to rezonings in the past, the City no longer considers or approves “restrictions” on rezonings, as indicated in the 1994 and 1996 ordinances that placed the restrictions on this property. Removal of the restrictions brings the rezoning into greater alignment with current policy. Staff is supportive of the proposed rezoning to remove the restrictions as the proposed rezoning will meet the Future Land Use Plan, zoning district and would allow appropriate development of the property. Inter Departmental, Governmental and Agency Comments None Public Comments A total of 11 notices were sent out to property owners within 200 feet of the proposed rezoning. Public notice was posted in the Sun newspaper on February 19, 2012. No public comments were received at the time of this report. Attachments Exhibit 1 – Location Map Exhibit 2 – Future Land Use Map Exhibit 3 – Zoning Map Exhibit 4 – Aerial Map (2011) Exhibit 5 – Rivery Concept Plan (1994 and 1996 Ordinance Exhibit B) Meetings Schedule Attachment number 1 \nPage 4 of 5 Item # Y Planning & Development Staff Report The Rivery Park II Rezoning Page 5 of 5 March 6, 2012 – Planning and Zoning Commission March 13, 2012 – City Council First Reading (pending) March 27, 2012 – City Council Second Reading (pending) Attachment number 1 \nPage 5 of 5 Item # Y (R i v e r /S t r e a m ) ( R i v e r / S t r e a m ) R I V E RY B LV D RIVERY BLVD G A B RIE L VIE W D R W I L L O W L N RIVERY BLVD WOLF RANCH P K W Y R I VERY BLVD RIVERY DRIVEWAY COUNTRY C L U B R D RIVERY BLVD RIVERY BLVD R I V E R Y B L V D 0 540 1,080Feet Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJExhibit #1REZ-2012-001 REZ-2012-001 Attachment number 2 \nPage 1 of 1 Item # Y 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 ( River/Stream) ( R i v e r / S t r e a m ) G e o r g e t o w n E T J COUNTRY C L U B R D RIV E R Y D R I V E W A Y RIVERY B L V D ADA M S S T R A N C H R D P A R K W A Y S T S IH 35 SB C O T T O N W O O D D R P O W E R CIR M E S Q UIT E L N PO W E R R D W I L L O W L N G A B R I E L V I E W D R W IL LIA M S D R R I V E RY BLVD S IH 35 FWY SBR IV E RY DRIVEWAY O A K L N WOLF RANCH PKWY PA R K W AY S T RIVERY DRIVEWAY JUDY DR RIVERY BLVD RIVERY BLVD PA R K E R C I R RIVE R Y B L V D R I V E R Y B L V D 0 800 1,600 Feet Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJ Legend Thoroughfare EC EF EMA EMIA ERF PC PF PFR PMA PMIA PR Future Land Use Institutional Regional Com mercial Community Com mercial Ag / Rural Residential Employment Center HIgh Density Residential Low Density Residential Mining Mixed Use Com munity Mixed Use Neighborhood Center Moderate Density Residential Open Space Specialty Mixed Use Area Future Land Use / Overall Transportation Plan Exhibit #2REZ-2012-001 REZ-2012-001 Attachment number 3 \nPage 1 of 1 Item # Y (R i v e r /S t r e a m ) ( R i v e r / S t r e a m ) A G A g r i c u l t u r e C-3 GeneralCommercial C-3 GeneralCommercial C -3 G e n e r a l C o m m e r c i a l MF Multifamily RS ResidentialSingle-Family RS Residential Single-Family RS Residential Single-Family C-3 General Commercial G A B RIE L VIE W D R W I L L O W L N R I V E R Y B L V D WOLF RANCH PKWY COUNTRYCLUB RD RIVERY DRIVEWAY 0 600 1,200Feet Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ REZ-2012-001 LegendSiteParcelsCity LimitsGeorgetown ETJ Zoning Information Exhibit #3 REZ-2012-001 Attachment number 4 \nPage 1 of 1 Item # Y W O L F R A N C H P K W Y G A B RIE L VIE W D R W I L L O W L N R I V E R Y B L V D WOLF RANCH PKWY RIVERY BLVD R I V E R Y B L V D RIVERY DRIVEWAY C O U N T R Y C L U B R D 0 510 1,020Feet Co ordinate System : Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ LegendSiteParcelsCity LimitsGeorgetown ETJExhibit #4REZ-2012-001 REZ-2012-001 Attachment number 5 \nPage 1 of 1 Item # Y At t a c h m e n t n u m b e r 6 \ n P a g e 1 o f 1 It e m # Y City of Georgetown, Texas Planning and Zoning Commission Meeting DRAFT Minutes Tuesday, March 06, 2012 at 6:00 PM Council Chambers 101 E. Seventh Street, Georgetown, Texas 78626 Commissioners: Ercel Brashear, Chair; Porter Cochran, Annette Montgomery, John Horne, and Roland Peña Commissioners in Training: Scott Rankin Commissioner(s) Absent: Commissioner(s) in Training Absent: Staff Present: Elizabeth Cook, Community Development Director, Carla Benton, Planner; Mike Elabarger, Planner; Valerie Kreger, Planner; David Munk, City Engineer; Bridget Chapman, Acting City Attorney and Stephanie McNickle, Recording Secretary. Regular Session - To begin no earlier than 6:00 p.m. Chair Brashear called the meeting to order at 6:00 p.m. and led the Pledge of Allegiance. Chair Brashear stated the order of the meeting and that those who speak must turn in a speaker form to the recording secretary before the item that they wish to address begins. Each speaker will be permitted to address the Commission once for each item, for a maximum of three (3) minutes, unless otherwise agreed to before the meeting begins. (In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the Commission may, at any time, recess the Regular Session to convene an Executive Session at the request of the Chair, a Commissioner, the Director or legal counsel. Any items discussed in Executive Session may be subject to action in the regular session.) 1. Action from Executive Session. There was not an executive session. 2. Election of Vice-chair and Secretary for the 2012-2013 Planning and Zoning Commission. Motion by 3. Consideration of the Minutes of the February 7, 2012, meeting of the Planning and Zoning Commission as amended. Motion by cochran. 2nd by pena 5-0. Attachment number 7 \nPage 1 of 2 Item # Y 4. Public Hearing and possible action on a Rezoning to remove a previous ordinance restriction regarding land uses in a General Commercial (C-3) District at The Rivery Park II (Amended), Block B, Lots 2, 3, 4 and 6, located on Rivery Boulevard and Wolf Ranch Parkway. Staff report by Carla Benton. Applicant is asking to have the restrictions prohibiting the residential and “R” district uses of the old ordinance, with only commercial uses allowed in the original Rivery Concept Plan, removed from their C-3 zoning. Benton summarized the future land use, utility and zoning district standards. A utility evaluation has been completed and approved for the proposed use. There have been no written responses to notification. Applicant – Roberto Garcia ask for the commissioners to approve. Opened the public hearing, there being no speakers, the public hearing was closed. Motion by Cochran. 2nd by Horne. Approved 5-0. Attachment number 7 \nPage 2 of 2 Item # Y The Rivery Park II, (Amended), Block B, Lots 2, 3, 4, & 6 C-3 Restricted to C-3 Zoning Page 1 of 2 ORDINANCE NO. ____________ An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Zoning District Map adopted on the 4th Day of April 2002 in accordance with the Unified Development Code passed and adopted on the 11th Day of March 2003, to rezone The Rivery Park II (Amended), Block B, Lots 2, 3, 4, and 6, from General Commercial (C-3) District “Restricted” to General Commercial (C-3) District, as recorded in Document Number 2005098021 of the Official Public Records of Williamson County, Texas; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, an application has been made to the City Council for the Purpose of changing the Zoning District Classification of the following described real property ("The Property"): The Rivery Park II (Amended), Block B, Lots 2, 3, 4, and 6, as recorded in Document Number 2005098021 of the Official Public Records of Williamson County, Texas, hereinafter referred to as "The Property"; Whereas, the City Council has submitted the proposed change in the Base Ordinance to the Planning and Zoning Commission for its consideration at a public hearing and for its recommendation or report; and Whereas, notice of such hearing was published in a newspaper of general circulation in the City; which stated the time and place of hearing, which time was not earlier than fifteen (15) days for the first day of such publication; and Whereas, written notice was given not less than fifteen (15) days before the date set for the meeting before the Planning and Zoning Commission to all the owners of the lots within two hundred feet of the property, as required by law; and Whereas, the applicant for such zoning change placed on the property such sign(s) as required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen (15) days before the date set for such hearing; and Whereas, the City Planning and Zoning Commission in a meeting held on March 6, 2012, recommended approval of the request to remove existing restrictions on their C-3 zoned property that prohibit residential and “R” district uses as defined in the old zoning ordinance and limited commercial uses to those shown on the original Rivery Concept Plan and to allow the property to develop any uses allowed in the General Commercial (C-3) District; and Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas, that: Section 1. The facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and Attachment number 8 \nPage 1 of 2 Item # Y The Rivery Park II, (Amended), Block B, Lots 2, 3, 4, & 6 C-3 Restricted to C-3 Zoning Page 2 of 2 expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance implements the overall vision, goals and policies of the Georgetown 2030 Comprehensive Plan and further finds that the enactment of this Ordinance is consistent with the policies of the Georgetown 2030 Comprehensive Plan. Section 2. The Base Ordinance and the Zoning Map of the City, as well as the Zoning District for the Property shall be and the same is hereby changed, removing all previously imposed limitations and restrictions, and allowing all uses within the C-3 district, in accordance with Exhibit A and incorporated herein by reference, is hereby adopted by the City Council of the City of Georgetown, Texas. Section 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 4. If any provision of this Ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are hereby declared to be severable. Section 5. The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect on the date of final adoption by City Council. PASSED AND APPROVED on First Reading on the 13th day of March, 2012. PASSED AND APPROVED on Second Reading on the 27th day of March, 2012. ATTEST: THE CITY OF GEORGETOWN: ______________________ _________________________ Jessica Brettle By: George Garver City Secretary Mayor APPROVED AS TO FORM: ______________________ Bridget Chapman Acting City Attorney Attachment number 8 \nPage 2 of 2 Item # Y At t a c h m e n t n u m b e r 9 \ n P a g e 1 o f 2 It e m # Y At t a c h m e n t n u m b e r 9 \ n P a g e 2 o f 2 It e m # Y City of Georgetown, Texas March 27, 2012 SUBJECT: Second Reading of an Ordinance to amend the Unified Development Code (UDC) Chapter 3, "Applications and Permits" -- Valerie Kreger, AICP, Principal Planner and Elizabeth Cook, Community Development Director (action required) ITEM SUMMARY: Background: The Unified Development Code is reviewed annually to address necessary updates or changes. The 2011- 2012 UDC Annual Amendment List was approved by City Council on October 11, 2011. The UDC Task Force, an open public participation group, worked with staff in developing the annual list and subsequently the proposed language for the text amendments. Staff and the Task Force decided to break the proposed amendment list into smaller sets or “rounds” and take each group forward for approval as it is completed. The List includes many items in Chapter 3 that the Task Force members were particularly interested in completing, including revisions to the subdivision regulations, so the decision was made to proceed with the List items related to Chapter 3 as the first round of edits. Staff has had three meetings with the Task Force regarding the revisions to Chapter 3. The primary concerns fielded from the group were related to the flexibility of Preliminary Plats. Those issues were addressed in the proposed revisions and the draft text under consideration moves forward with no differing opinions requiring special consideration from the Council. Please see the attached staff report for more information. At the first reading of the ordinance on March 13th, Council indicated they would like mailed notification of rezonings to be made to homeowner's associations in addition to the standard requirement for notification to be mailed to property owners within 200 feet of a rezoning proposal. Staff suggested this could possibly more easily be accomplished with an automated notification list that associations could voluntarily be added to via the web. Staff is still working through details of the specific mechanism for accomplishing this and will have more information available for Council at the meeting on the 27th. Public Comment: The required Public Workshops were held on February 29th and March 1st. There were five attendees at the first workshop and no attendees at the second. At the first workshop, the group discussed adding extension and reinstatement opportunities to the platting process, which is reflected in the attached Chapter 3 language. There was one speaker at the Planning and Zoning Commission Public Hearing, a member of the UDC Task Force, who spoke in favor of the amendments. There were two speakers at the City Council Public Hearing who spoke in favor of the amendments. Planning & Zoning Commission Recommendation: At their regularly scheduled meeting on March 6th, 2012, the Planning and Zoning Commission voted unanimously, 5-0, to recommend approval of the proposed revisions to Chapter 3 of the Unified Development Code as presented, with one amendment that has been incorporated. City Council Public Hearing and First Reading: At the regularly scheduled meeting on March 13th, 2012, the City Council voted unanimously, 7-0, to approve of the proposed revisions to Chapter 3 of the Unified Development Code as presented. Recommended Motion: Approval of the second reading of an Ordinance revising Chapter 3, Applications and Permits, of the Unified Development Code as presented. FINANCIAL IMPACT: Cover Memo Item # Z No financial impact has been studied. SUBMITTED BY: Valerie Kreger, AICP, Principal Planner, and Elizabeth Cook, Community Development Director ATTACHMENTS: Staff Report Ordinance Exhibit A - UDC Chapter 3 Exhibit 1 - March 6th Draft P7Z Minutes Cover Memo Item # Z Georgetown Planning and Development Department Planning & Development Department Staff Report 2011-2012 UDC Amendments – Chapter 3 Staff Report Page 1 of 3 Report Date: March 19, 2012 Submitted By: Elizabeth A. Cook, Community Development Director and Valerie Kreger, AICP, Principal Planner Item Description Public Hearing and possible action to amend the Unified Development Code (UDC) Chapter 3, Applications and Permits. Recommended Motion Approval of the proposed amendments to Chapter 3 of the Unified Development Code as presented. Background The Unified Development Code is designed to be a living document, reviewed annually to address necessary updates or changes. In 2008, the City Council established a new review process incorporating a public forum, termed UDC Task Force, to work with staff in developing the annual list and subsequently the proposed language for the text amendments. The 2011-2012 UDC Amendment List was approved by City Council on October 11, 2011 (see Exhibit 2). In the same way the previous 2008-2009 List was tackled, staff and the Task Force decided to break the proposed amendment list into smaller sets or “rounds” and take each group forward for approval as it is completed. The List included many items to be reviewed in Chapter 3 that the Task Force was particularly interested in completing including revisions to the subdivision regulations. So, the decision was made to proceed with the List items related to Chapter 3 as the first round of edits. Staff has had three meetings with the Task Force regarding the revisions to Chapter 3. The primary concerns fielded from the group were related to the flexibility of Preliminary Plats. Those issues were addressed in the proposed revisions and the draft text under consideration moves forward with no differing opinions requiring special consideration from the Commission. The required Public Workshops were held on February 29th and March 1st. There were five attendees at the first workshop and no attendees at the second. At the first workshop, the group discussed adding extension and reinstatement opportunities to the platting process, which is reflected in the in the attached Chapter 3 language. Attachment number 1 \nPage 1 of 3 Item # Z Planning & Development Department Staff Report 2011-2012 UDC Amendments – Chapter 3 Staff Report Page 2 of 3 Overview of Proposed Amendments Chapter 3 is not being replaced in its entirety and, although lengthy, staff has provided a fully redlined version of the proposed changes (Exhibit 1). The following summary breaks down the proposed changes. General Chapter 3 Revisions · Extends the expiration of permits and approvals to a standard 24 months (except for driveway permits - 18 months) · Establishes an expiration for applications under review where no progress has been made for a period of 180 days · Clarifies Public Notice and Public Hearing procedures · Outlines the Comprehensive Plan Amendment and UDC Text Amendment processes · Allows a property owner to request a waiver of the 365 day hold on building permits when unapproved demolition has occurred · General updates and clean-up of language and processes to reflect actual practice Subdivision Regulations: · Reorganized for better flow, including grouping all plats that are recorded with the County into a new recording plats section · Adds a Plat Summary chart for quick reference of applicable process · Allows for extensions and reinstatements of all types of plats · Reworks the phasing plan provisions for Preliminary Plats · Establishes provisions for amendments to Preliminary Plats · Creates Minor and Major Deviations criteria where the Final Plat can vary from the approved Preliminary Plat · Adds section for Plat Vacations Site Plan Regulations: · Identifies criteria for Site Plan area of development · Establishes criteria for Site Plan phasing · Creates Minor Site Plan process with lesser requirements than standard process · Allows for extensions and reinstatements of Site Plans Special Considerations None Attachment number 1 \nPage 2 of 3 Item # Z Planning & Development Department Staff Report 2011-2012 UDC Amendments – Chapter 3 Staff Report Page 3 of 3 Public Comments Notice of the P&Z Public Hearing was posted in the Sun newspaper on February 19th. Public workshops to allow additional public review were held on February 29th and March 1st. Five people attended the first public workshop and nobody attended the second. There was one speaker, in favor of the amendments, at the Planning and Zoning Commission public hearing on March 6th. There were two speakers, in favor of the proposed amendments, at the City Council public hearing on March 13th. Any additional public comments will be presented at the second reading of the ordinance at the March 27th City Council meeting. Meetings Schedule March 6, 2012 – Planning and Zoning Commission Public Hearing March 13, 2012 – City Council Workshop March 13, 2012 – City Council Public Hearing and First Reading March 27, 2012 – City Council Second Reading Attachments Exhibit A – Chapter 3, Applications and Permits Attachment number 1 \nPage 3 of 3 Item # Z Planning & Zoning Commission Agenda / February 7, 2012 Page 1 of 5 City of Georgetown, Texas Planning and Zoning Commission Meeting Minutes Tuesday, March 06, 2012 at 6:00 PM Council Chambers 101 E. Seventh Street, Georgetown, Texas 78626 Commissioners: Ercel Brashear, Chair; Porter Cochran, Annette Montgomery, John Horne and Roland Peña. Commissioners in Training: Scott Rankin Commissioner(s) Absent: Sally Pell and Robert Massad Commissioner(s) in Training Absent: Staff Present: Elizabeth Cook, Community Development Director, Carla Benton, Planner; Mike Elabarger, Planner; Valerie Kreger, Planner; David Munk, City Engineer and Stephanie McNickle, Recording Secretary. Regular Session - To begin no earlier than 6:00 p.m. Chair Brashear called the meeting to order at 6:00 p.m. 9. Public Hearing and possible action to amend the Unified Development Code (UDC) Chapter 3, Applications and Permits. Staff report by Valerie Kreger. Ms. Kreger reviewed over the Unified Development Code amendments for Chapter 3. Discussion between staff and Commissioners. Chair Brashear Opened the Public Hearing. Erin Welch, Land Strategies stated she is a member of the UDC amendment task force and feels staff along with the Task Force have worked really hard and wanted to give a special “Kuddos” to Valerie Kreger and Elizabeth Cook for all the hard work they have been doing on top of their regular job. She knows the effort and hard work is a “Big Deal” and wanted staff to be recognized. Ms. Welch stated she does not have anything negative to say and stated this was a very positive experience. Chair Brashear Closed the public hearing. Motion by Chair Brahsear to recommend to the City Council approval of the proposed amendments to Chapter 3 of the Unified Development Code as presented. Second by Commissioner Cochran. Motion by Ercel, 2nd by porter. 5-0 Kuddos to staff..... Meeting Adjourned. 9:20 Attachment number 2 \nPage 1 of 1 Item # Z Ordinance Number:_________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 1 of 3 ORDINANCE NO. 2012-_____ An Ordinance of the City Council of the City of Georgetown, Texas, amending Chapter 3, “Applications and Permits”, of the Unified Development Code, Passed and Adopted on the 11th Day of March 2003; Repealing Conflicting Ordinances and Resolutions; Including a Severability Clause; and Establishing an Effective Date. Whereas, the City Council adopted the Unified Development Code (UDC) on March 11, 2003; and Whereas, the City Council adopted Resolution 102808-DD on October 28, 2008, establishing a new annual amendment process to the Unified Development Code that included a UDC Task Force group comprised of members of the public; and Whereas, the amendment process established has been followed as described; and Whereas, the City Council reviewed the list of proposed amendments at their regular meeting on October 11, 2011, and directed to staff to begin preparation of the draft language; and Whereas, the adopted Resolution established that some items on the proposed list of amendments would not be on the initial schedule for public hearing and consideration; and Whereas, the amendments contained in this ordinance are the first in a series of items the Task Force will consider and complete for deliberation by the Planning and Zoning Commission and City Council; and Whereas, the Task Force conducted numerous open meetings to consider the amendment items; and Whereas, Public Workshops were conducted on February 29, 2012 and March 1, 2012; and Whereas, the Planning and Zoning Commission conducted a Public Hearing on the draft amendments at their regular meeting of March 6, 2012, and recommended approval of the amendments to the City Council, with the following changes recommended: Attachment number 3 \nPage 1 of 3 Item # Z Ordinance Number:_________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 2 of 3 · Add a 30-day notification of pending file closure to Section 3.02.060, Expiration of Application Now therefore, be it ordained by the City Council of the City of Georgetown, Texas that: Section 1. The facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance implements the vision and policies of the Georgetown 2030 Comprehensive Plan as follows: Vision Statement 4: Effective Governance 4.1: Efficient, Responsive Government 4.1.A: Our City government retains its reputation for providing a high level of responsiveness to citizens and in exercising visionary leadership in planning and investing for the future. 4.1.B: We have created and enforced innovative, effective, and fair regulatory codes and development standards to guide growth and improve development quality. We have streamlined the regulatory process, particularly for desired development types and locations. Land Use Goals, Policies, and Actions: Goal 1: Promote sound, sustainable, and compact development patterns with balanced land uses, a variety of housing choices and well-integrated transportation, public facilities, and open space amenities. 1C: Establish standards appropriate for new residential development pertaining to lot sizes, open space, buffers, road connectivity, etc. 2A: Remove present inadvertent impediments to infill and re-investment in older, developed areas. 2D1: Ensure that public and private initiatives preserve and enhance historic resources. and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other 2030 Comprehensive Plan Vision Statement or Goal, Policy, and Action. Section 2. Portions of the following chapters of the Unified Development Code are hereby amended as described in Exhibit A: Chapter 3, Applications and Permits. Attachment number 3 \nPage 2 of 3 Item # Z Ordinance Number:_________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 3 of 3 Section 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. If any provision of this Ordinance or the UDC, or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are hereby declared to be severable. Section 5. The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect on the date of final adoption by City Council.. PASSED AND APPROVED on First Reading on the 13th day of March 2012. PASSED AND APPROVED on Second Reading on the 27th day of March 2012. ATTEST: THE CITY OF GEORGETOWN: ______________________ _________________________ Jessica Brettle By: George Garver City Secretary Mayor APPROVED AS TO FORM: ______________________ Bridget Chapman Acting City Attorney Attachment number 3 \nPage 3 of 3 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 1 of 82 Chapter 3 Applications and Permits Section 3.01 General 3.01.010 Purpose The purpose of this Chapter is to establish application procedures, internal review procedures, public notice and hearing procedures, and review criteria for the processing of applications and actions that affect the development and use of property subject to the jurisdiction of the City. 3.01.020 Applicability of Procedures The following Table shows which review procedures, applications and permits apply in the City and its extraterritorial jurisdiction. Table 3.01.020 Applicability of Procedures City Limits Extraterritorial Jurisdiction Prior to Subdivision, Platting and any Development Comprehensive Plan Amendment X X UDC Text Amendment X X Rezoning (Zoning Map Amendment) X Historic District Designation X Special Use Permit X Development Agreement X X Access Point Connection Exemption X X Subdivision & Platting of Land Administrative Recording Plats X X Preliminary Plat X X Construction Plans X X Final PlatPlat Vacation X X Plat Waiver X X Development Application Process Site Plan Review X Construction Plans X Zoning Verification Letter X Legal Lot Verification Letter X X Temporary Use Permit X Master Sign Plan X X Certificate of Design Compliance X Appeal of an Administrative Decision X X License to Encroach X X Variance X Administrative Exception X Special Exception X Stormwater Permit X X Driveway Permit X X Sign Permit X X Courthouse View Height Determination X Attachment number 4 \nPage 1 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 2 of 82 3.01.030 Simultaneous Submission of Related Applications A. Submission of different applications related to the same development may be made simultaneously, although consideration of applications must remain in the following sequence: 1. Comprehensive Plan; 2. Zoning; 3. Subdivision and Plat; 4. Certificate of Design Compliance; then 5. Site Plan. B. Any application submitted simultaneously is subject to approval of all other related applications. Denial or disapproval of any concurrently submitted application shall stop consideration of any related applications. C. An applicant may withdraw any individual application from a group of simultaneously submitted applications. Section 3.02 Common Review Elements 3.02.010 Pre-application Conference Prior to the submission of an application required by this Code, a Pre-application Conference with the Director shall be required as follows. A. A Pre-application Conference is a meeting between a potential applicant under this Code and the Director of Planning and Development Department or a designated representative. The conference is an opportunity for an applicant to describe what application is being considered, and the Director to indicate which application is appropriate, which review body is responsible for final action, and what criteria will be used to determine whether the permit should be approved. B. There is no required format for a Pre-application Conference; it may occur in any form so long as the potential applicant receives the information described above. The applicant is responsible for completing a Pre-application Conference, and must sign a Pre-application Statement indicating the date of the Pre-application Meeting. C. A Pre-application Conference is required for the following applications: Access Point Connection Exemption Administrative Exception Administrative Plat (Minor Plat or Amending Plat) Annexation (Voluntary) Certificate of Design Compliance Comprehensive Plan Amendment Conservation Subdivision Site Analysis Map Construction Plans Attachment number 4 \nPage 2 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 3 of 82 Courthouse View Height Determination Development Agreement Driveway Permit Final Plat Driveway permit Final Plat Historic District Designation License to Encroach Master Sign Plan Planned Unit Development Plat Waiver Plat Vacation Preliminary Plat Rezoning (Zoning Map Amendment) Site Plan Special Exception Special Use Permit Stormwater Permit Subdivision Plats - All Temporary Use Permit Unified Development Code Text Amendment Variance D. Pre-application Conferences may be combined when an applicant will be making simultaneous applications for the same project. E. Completion of a Pre-application Conference does not imply or assume subsequent approval of the permit or application. 3.02.020 Application Forms and Fees The following regulations shall apply to all applications under this Chapter. A. Forms Application forms, submittal requirements, instructions, and fee schedule are set forth in Exhibit A of this Code entitled “UDC Development Manual.” B. Fees 1. Application fees shall be established and revised from time to time by the City Council. Attachment number 4 \nPage 3 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 4 of 82 2. All required fees shall be made payable to “The City of Georgetown.” 3. An applicant who has paid the appropriate fee with an application, but who chooses to withdraw such application prior to any notification of completeness, shall be entitled to a refund of 50% of the total amount paid upon written request to the City and approval by the Director. The application fee required for UDC Text or Zoning Map Amendments shall not be refundable. 4. An application shall only be accepted for review if the applicant, agent or property owner has no outstanding, undisputed fees owed to the City for the same property or other property under their control. 3.02.030 Application Deadline All applications shall be completed and submitted to the Director in accordance with a schedule established annually by the Director. An application shall not be considered as officially submitted, accepted, or filed until it has been determined to be complete as specified below. 3.02.040 Determination of Application Completeness A. The Director, or his designee, shall review each submitted application to determine if the minimum items needed for proper review of such application are present. A.B. A determination of whether an application is complete shall be made by the Director no more than five working days after submittal of the application. B.C. If the application is determined not to be complete, the Director shall notify the applicant in writing. The notification shall attempt to list all missing or incomplete items and provide a specific period of time (no greater than five working days) for the applicant to resubmit the material. The applicant may request an additional meeting for explanation of the missing or incomplete items. If the application is not resubmitted within the period specified by the Director, the application shall be deemed rejected and shall not be accepted for filing. After an application has been rejected, a new application and fee shall be required. C.D. Any application that requires a Pre-application Conference may not be submitted for a determination of completeness until the Pre-application Conference has been held. D.E. The determination of completeness shall take into account the following: 1. Consistency with the Comprehensive Plan; 2. Any required previous approvals; 3. Completed Pre-application Conference; and 4. Required submission materials and compliance with the UDC Development Manual and the City’s Construction Specifications and Standards Manual. F. For the purposes of §212.009 of the Texas Local Government Code, an application for subdivision is considered filed once it is determined by the Director to be accepted for consideration per Section 3.08.050. Attachment number 4 \nPage 4 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 5 of 82 E.G. Determination that an application is complete does not preclude any negative final action and does not include any implied determination that the application successfully meets any review criteria. F.H. If the Director determines that any Plat or request for a Zoning Map Amendment (rezoning) is not consistent with the Comprehensive Plan, the application shall be determined to be incomplete, and shall not be filed. No further processing may occur until the subdivision plat or rezoning is consistent with the Comprehensive Plan. The City Council may approve amendments to the Comprehensive Plan in accordance with the procedure in Section 3.04. 3.02.050 Limit on Reapplication If any development permit or approval, any petition for a plan amendment or any petition for an amendment to this Unified Development Code is disapproved by the Final Action Authority, another application or petition for the same permit, approval or amendment for the same property or any portion thereof may not be filed within a period of 90 days (or 12 months for zoning change applications) from the date of final disapproval, except with permission of the Planning & Zoning Commission or City Council. Such reapplication must demonstrate: A. There is a substantial change in circumstances relevant to the issues and/or facts considered during review of the application that might reasonably affect the decision-making body’s application of the relevant review standards to the development proposed in the application; or B. New or additional information is available that was not available at the time of the review that might reasonably affect the decision-making body’s application of the relevant review standards to the development proposed; or C. A new application is proposed to be submitted that is materially different (e.g., proposes new uses or a substantial decrease in proposed densities and intensities) from the prior application; or D. The final decision on the application was based on a material mistake of fact. 3.02.060 Expiration of Application An accepted application for which there has been no action taken by an applicant for a period of 180 days or more from the date of the last action shall be determined to be dormant and processed as withdrawn by the applicant, causing the file to be closed. The Director shall notify the applicant in writing 30 days in advance of the pending closure. The Director may consider extending the application if the applicant can show just cause for the delays or there is evidence of continued communication with staff. Attachment number 4 \nPage 5 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 6 of 82 Section 3.03 Public Hearing and Notice 3.03.010 Provision of Public Notice A. Summary of Notice Required Notice shall be required for application review as shown in the following Table. Table 3.03.010: Summary of Notice Requirements Procedure Published Mailed Posted Access Point Connection Exemption X X X Certificate of Design Compliance X Development Agreement X* X* X* Historic District Designation X X X Replat without Vacating (§212.0145) X X Rezoning (Zoning Map Amendment) X X X Special Exception X X X Special Use Permit X X X UDC Text Amendment X Variance X X X X = Notice Required * = Notice to be determined by Development Agreement Committee per Section 3.20 B. Published Notice 1. A Public Notice shall be published at least once in a local newspaper of general circulation, as designated by the City Council, within the City prior to the meeting. The Notice shall contain the time and place of such Public Meeting or Hearing and a brief description of the agenda items that may be considered or reviewed. 2. A published notice shall be published at least 15 days in advance of the Public Meeting or Hearing. C. Mailed Notice 1. Generally A Notice of Public Hearing shall be sent by U.S. mail to owners of record of real property within 200 feet of the boundary of the property under consideration, as determined by the most recent municipal tax roll information as may be obtained from the Williamson County Appraisal District. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in United States mail at least 15 days prior to the date set for the Public Hearing or as otherwise required by the Texas Local Government Code, as amended. 2. Special Mailed Notice Required for Certain Replats Replats containing any area or lot that, during the preceding five years, was limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot or in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot, require mailed notice to all owners of lots that are part of the original subdivision and located within 200 feet of the boundary of the property to be Attachment number 4 \nPage 6 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 7 of 82 replatted, in the same manner as prescribed in Section 3.03.010.C.1 above and in accordance with §212.015 of the Texas Local Government Code, as amended. 3. Special Mailed Notice Required for Special Exception for Setback Modification In addition to the requirements of Section 3.03.010.C.1 above, mailed notice shall also be provided to all owners of property within the subject block in which the property under consideration for Special Exception for Setback Modification is located. 4. Special Mailed Notice Required for PUD Modification a. For purposes of mailed notice, the boundary of a PUD Modification shall be the boundary of any tract of land for which PUD standards or requirements are proposed to change due to the modification. b. In addition to the requirements of Paragraph 1 above, mailed notice shall also be provided all owners of property within the entire PUD boundary, not otherwise notified. D. Posted Notice 1. Notice shall be posted in a format approved by the Director on the subject property, along rights-of-way contiguous to the proposed development according to the following standards: a. One sign for tracts of less than 300 feet of right-of-way frontage; b. One sign at each interval of 1,000 feet; and c. The total number of signs shall not be required to exceed a total of four signs per right-of- way. 2. Notice of application for a Certificate of Design Compliance shall be posted at the project site such that it is visible from the public right-of-way, including contact information and meeting date. For Certificates of Design Compliance processed administratively, the notice shall provide contact information and the expected date of decision. 3. The applicant shall be responsible for posting and maintaining the sign on a format approved by the Director, and for removing the sign within five days following the Public Hearing on the application. 4. Posted notice shall be posted not less than 15 days prior to the scheduled Public Hearing. E. Content of Notice Published or mailed notices shall contain at least the following specific information: 1. The general location of land that is the subject of the application, including a location map with the mailed notice only; 2. The legal description or street address; 3. The substance of the application, including the type of proposed development and the current Zoning District; 4. The time, date, and location of the Public Hearing; 5. A phone number to contact the City; and 6. A statement that interested parties may appear at the Public Hearing. Attachment number 4 \nPage 7 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 8 of 82 F. Constructive Notice Minor defects in notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. 3.03.020 Required Public Hearing The following Table identifies the types of applications requiring a Public Hearing and the review body responsible for conducting the Hearing. Table 3.03.020: Summary of Required Public Hearing Type of Application HARC Zoning Board of Adjustment Planning & Zoning City Council Access Point Connection Exemption X Appeal of Admin. Decision X Certificate of Design Compliance X Comprehensive Plan Amendment X X Development Agreement X* X Historic District Designation X X X Replat (Resubdivision) X X Rezoning (Zoning Map Amendment) X X Special Exception X Special Use Permit X X UDC Text Amendment X X Variance X X = Public Hearing Required * = Public Hearing to be determined by Development Agreement Committee per Section 3.20 3.03.030 Conduct of Public Hearings A. Modification of Application at Public Hearing 1. The applicant may agree to modify the application, including the plans and specifications submitted, in response to questions or comments by persons appearing at the Public Hearing or to suggestions or recommendations by the recommending or decision-making review body holding the Public Hearing. 2. Unless such modifications are so substantial that the recommending or decision-making review body cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised application materials before it, the recommending or decision-making approval body may approve or recommend approval of the application with the condition stipulation that the permit or final approval or recommendation of approval will not be applicable issued until materials reflecting the agreed upon changes are submitted to the Director. No application may proceed until the revisions have been made. 3. Where deemed appropriate by the affected decision-making body, modifications to an application may be referred back to the recommending body for reconsiderationreview, prior Attachment number 4 \nPage 8 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 9 of 82 to further action by the decision-making bodyconsideration. The decision-making body shall choose one of the following options: a.Continue the Hearing at a certain new date and time in accordance with the provisions below; or b.Close the Hearing and re-publish notice of any future Hearing in accordance with 3.03.010A, above. 4. Modification of an application that causes the consideration of that application to be substantially different than that which was provided in the public notice shall require a new Public Hearing by the recommending and decision-making bodies with new notice in accordance with Section 3.03.010. Such modifications shall include, but not be limited to, a change to a zoning district that was not otherwise included in the public notice and increasing the acreage of the area under consideration. Decreasing the acreage of the area under consideration shall not cause the application to require a new Public Hearing. B.Continuing the Hearing A Public Hearing may be continued without additional mailed or published notice, so long as the motion to continue such Hearing, made in open session, specifies the date and time when the Hearing will be continued, and provided that the requirements of the Open Meetings Act are met. C.B. Evidence All findings and conclusions necessary to the permit or decision shall be based upon reliable evidence. Competent evidence (evidence admissible in a Court of Law) shall be preferred whenever reasonably available, but in no case may findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable, and the matter at issue is not seriously disputed. D.C. Record 1. An audio tape recording and/or written minutes shall be made of all required Public Hearings and such audio recordings shall be kept for two years. 2. All documentary evidence presented at a Hearing as well as all other types of physical evidence shall be made a part of the record and shall be kept by the City for two years. 3.03.040 Postponement of Application A. Postponement of Public Hearing after Public Notice The applicant shall be required to pay for all re-notice fees for a scheduled and noticed Public Hearing that is postponed at the request of the applicant. B. Postponement of Application after Recommendation For applications where a recommendation is required by the Planning and Zoning Commission, an applicant may request the City Council Public Hearing to be postponed to the next regular meeting following the date of the scheduled City Council Public Hearing. The Director may approve, for good cause shown, a postponement of up to 30 days from the date of the scheduled City Council Public Hearing. Public Notice of the new Public Hearing shall be required in accordance with Section 3.03.010. Attachment number 4 \nPage 9 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 10 of 82 3.03.040050 Administrative Review Process Administrative reviews occur when the Director or another City employee is responsible for final action on any application. A. Applicability An Administrative Review shall be required for any permit or application that requires final action from an administrative official, as described in Table 2.01.020. B. Review Process Administrative Reviews shall occur within the standard review periods established by the Director. The Director or other authority responsible for final action may establish procedures necessary to ensure compliance with this Code and state statute. 1. Initiation Initiation of an Administrative Review may be made upon: a. Recommendation of the Director; b. Recommendation of other administrative official responsible for final action on the permit being initiated; or c. Submission of a complete application by the property owner or their authorized agent. 2. Application Application must be made in a format consistent with Section 3.02.020. 3. Completeness Determination Upon submission of an application for any administrative review, the Director shall determine whether the application is complete, as described in this Code. 4. Staff Review Once an application is determined complete, the Director or Final Action Authority shall review the application, considering any applicable criteria for approval. The Director or Final Action Authority may assign staff to review the application and make a report to the Director or Final Action Authority. C. Administrative Final Action Upon completion of the administrative review, the Director or other responsible Final Action Authority shall make a final determination and notify the applicant in writing. The Director or other Final Action Authority may take one of the following final actions: 1. Approve the application. 2. Approve the application, with modifications that the Director or Final Action Authority deems necessary to meet any criteria for approval. An approval with modifications shall be considered agreed to by the applicant unless the applicant appeals the final action. 3. Disapprove the application. Such disapproval must include specific reasons for disapproval. If the Director determines that an Administrative Plat should be disapproved, the Director must forward the application to the Planning & Zoning Commission for final action. Attachment number 4 \nPage 10 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 11 of 82 4. Prior to making a final decision, the Director or other Final Action Authority may hold a meeting with the applicant to discuss and attempt to resolve any issues that become evident during administrative review. D. Criteria for Approval – Generally 1. An application shall be approved administratively when all of the following criteria are met: a. A complete application and fee have been submitted. b. The application and content of the application are consistent with the provisions of this Unified Development Code, the Comprehensive Plan, and any other applicable City regulations. c. The application and content of the application are consistent with any Administrative Rules established by the Director, and any prior written interpretations of this Code. 2. Additional criteria for approval that apply to specific administrative procedures may be provided in the specific descriptions of those procedures in Chapter 3. An administrative procedure that does not have specific criteria for approval shall be considered using the general criteria provided above. E. Appeals 1. If an aggrieved person is appealing a final action that was disapproved, only the basis for disapproval may be appealed. 2. Because the Director may not disapprove an Administrative Plat, any final action taken by the Director on an Administrative Plat Review may not be appealed. If the Director is unable to approve an Administrative Plat, the Planning & Zoning Commission will take final action. 3. A person may not appeal a denial for the purpose of continuance, an extension agreed to by the applicant and the Director or a determination that an application is not complete. Section 3.04 Comprehensive Plan Amendment The City Council may amend or modify the Comprehensive Plan in accordance with the procedure stated in the Plan. The provisions of this Section related to the Comprehensive Plan are adopted in accordance with Texas Local Government Code Chapter 213 and the City Charter. 3.04.010 Applicability A. For the purpose of establishing and maintaining sound, stable, and desirable development consistent with the goals and policies of the Comprehensive Plan, amendments to the Plan may be considered. Plan amendments are periodic, substantive changes that are necessary to accommodate changed or unforeseen circumstances in a manner consistent with the public interest and in accordance with the procedures established in the Plan and in this Section. The provisions of the Section are adopted pursuant to Texas Local Government Code Chapter 213 and the City Charter. B. Plan amendments will not be made more than once per calendar year, except for the rare circumstance where the City Council feels it necessary to make a change with a super-majority vote. Applications may be made at any time of year. Attachment number 4 \nPage 11 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 12 of 82 C. Amendments initiated by a property owner or their authorized agent may be considered only for amendments to the Future Land Use Plan Map or Overall Transportation Plan Map. 3.04.020 Review Process A. Initiation Initiation of an amendment may be made upon: 1. Application of a property owner or their authorized agent; 2. Recommendation of the City Council; 3. Recommendation of the Planning & Zoning Commission; or 4. Recommendation of the Director. B. Application and Completeness Determination The Director is responsible for checking that a complete application has been submitted with all material necessary for the City Council to render an informed decision. C. Staff Review 1. The Director shall review the application, considering any applicable criteria for approval and prepare a report to the Planning & Zoning Commission and City Council. 2. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statutes. 3. The Director may assign staff to review the application and make a report to the Director. 4. The Director’s report may include a recommendation for final action. D. Planning & Zoning Commission Review Following notice in accordance with Section 3.03, the Commission shall hold a Public Hearing in accordance with its rules and state law and make a recommendation to the City Council. E. City Council Final Action 1. The City Council shall hold a Public Hearing and may take final action on the proposed amendment. 2. The amendment shall become effective when approved by a super-majority vote of the City Council and in accordance with the City Charter. 3.04.030 Approval Criteria (Comprehensive Plan Amendment) A. The City Council shall consider the following approval criteria in an analysis of immediate needs and consideration of the long-terms effects. 1. The application is complete and the information contained within the application is sufficient and correct enough to allow adequate review and final action; and 2. The amendment promotes the health, safety or general welfare of the City and the safe orderly, and healthful development of the City. Attachment number 4 \nPage 12 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 13 of 82 B. In considering amendments to the Plan, the City should be guided by the following: 1. The need for the proposed change; 2. The effect of the proposed change on the need for City services and facilities; 3. The compatibility of the proposed change with the existing uses and development patterns of nearby property and with the character of the neighborhood; and 4. The implications, if any, that the amendment may have for other parts of the Plan. Section 3.05 Unified Development Code Text Amendment 3.05.010 Applicability Amendments to this Unified Development Code may be made from time to time in order to establish and maintain sound, stable, and desirable development within the jurisdiction of the City, to correct errors in the text or because of changed or changing conditions in a particular area or in the City generally. All text amendments shall be consistent with the Comprehensive Plan. 3.05.020 Annual UDC Review and Amendment The requirements of this UDC shall be reviewed on a yearly basis in the manner set out in Resolution 102808-DD, as amended, except as provided for below within this subsection. The Director, with input from an ad hoc public task force, shall annually develop a list of proposed UDC text amendments. This list shall receive a recommendation by the Planning and Zoning Commission and final approval by the City Council. Review of the proposed amendments on the list shall follow the process outlined in Section 3.05.040 below. 3.05.020030 Review ProcessInitiation of Text Amendment A.Initiation Initiation of aA text amendment to this UDC, outside of that which is included as part of the annual review, may be made upon:initiated in one of the following ways: 1.A. Recommendation Direction of the City Council; The City Council may initiate a UDC Text amendment in one of two ways as follows: 1. City Council, by majority vote, may direct initiation of a UDC text amendment review. Such review shall follow the process outlined in Section 3.05.040 below. 2. City Council, by a super majority vote, may initiate an emergency UDC text amendment. Such amendment shall be forwarded to the task force within 30 days of City Council action and to the Public Workshops within 60 days of City Council action. 2.B. Recommendation of the Planning & Zoning Commission; or The Planning and Zoning Commission, by majority vote, may direct initiation of a UDC text amendment review. Such review shall follow the process outlined in Section 3.05.040 below. 3.C. Recommendation of the Director The Director may make recommendation to the City Council for the initiation of a UDC text amendment review. Such review shall follow the process outlined in Section 3.05.040 below. Attachment number 4 \nPage 13 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 14 of 82 D. Application by a Citizen or Property Owner A citizen or property owner may make application for a UDC text amendment. The applicant shall provide staff with draft text of their proposed UDC amendment along with all other information as required for submission per the UDC Development Manual. Review of such proposal shall follow the process outlined in Section 3.05.040 below and shall be presented to the task force for initial comment within 30 days of submission. B.Application and Completeness Determination The Director is responsible for checking that a complete application has been submitted with all material necessary for the City Council to render an informed decision. 3.05.040 Review and Approval Process A. Task Force 1. An ad hoc public task force, as defined in Resolution 102808-DD, shall work with the Director in the development and review of amended provisions of the UDC. 2. The task force shall review any applications made by a citizen or property owner and make recommendation to the proposed text amendments. 3. Recommended amendment language shall be forwarded from the task force to the Planning and Zoning Commission for consideration. 4. Where the task force is not unanimous, and conflicting language is supported by at least three participants, including staff, each proposal shall move forward for Planning and Zoning Commission consideration. C.B. Staff Review 1. The Director, working with the task force, shall prepare final draft language to be forwarded to the Planning and Zoning Commission for consideration, including each proposed version of the text. 1.2. The Director shall review the application, consider any applicable criteria for approval and prepare a report to the Planning & Zoning Commission and City Council outlining the proposed changes. 2.The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statute. 3.The Director may assign staff to review the application and make a report to the Director. 4.3. The Director’s report may include a recommendation for final action. C. Public Review Prior to Planning and Zoning Commission review, two Public Workshops shall be held on the proposed language. B.D. Planning & Zoning Commission Review Following notice in accordance with Section 3.03, the Commission shall hold a Public Hearing, in accordance with its rules and state law, and make a recommendation to the City Council. Attachment number 4 \nPage 14 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 15 of 82 C.E. City Council Final Action 1. The City Council shall hold a Public Hearing in accordance with its rules and state law and may take final action on the proposed amendment. 2. The amendment shall become effective in the manner provided by the City Charter or State Law. 3.05.030050 Approval Criteria In determining whether to approve, approve with modifications or disapprove a proposed amendment, the City Council shall consider the following matters: A. The proposed amendment promotes the health, safety or general welfare of the City and the safe, orderly, and healthful development of the City. B. The proposed amendment is consistent with the Comprehensive Plan. Section 3.06 Zoning Map Amendment – Rezoning 3.06.010 Applicability For the purpose of establishing and maintaining sound, stable, and desirable development within the territorial limits of the City, the Official Zoning Map may be amended based upon changed or changing conditions in a particular area, or in the City generally, or to rezone an area or extend the boundary of an existing Zoning District. All amendments must be consistent with the Comprehensive Plan. The provisions of the Section related to rezoning are adopted pursuant to Texas Local Government Code Chapter 211 and the City Charter. 3.06.020 Review Process A. Initiation Initiation of a map amendment may be made upon: 1. Application of a property owner or their designated agent; 2. Recommendation of the City Council; 3. Recommendation of the Planning & Zoning Commission; or 4. Recommendation of the Director. B. Application and Completeness Determination The Director is responsible for checking that a complete application has been submitted with all material necessary for the City Council to render an informed decision. C. Staff Review 1. The Director shall review the application, considering any applicable criteria for approval and prepare a report to the Planning & Zoning Commission and City Council. 2. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statutes. 3. The Director may assign staff to review the application and make a report to the Director. Attachment number 4 \nPage 15 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 16 of 82 4. The Director’s report may include a recommendation for final action. D. Planning & Zoning Commission Review Following notice in accordance with Section 3.03, the Commission shall hold a Public Hearing in accordance with its rules and state law and make a recommendation to the City Council. E. City Council Final Action 1. The City Council shall hold a Public Hearing and may take final action on the proposed amendment. 2. The amendment shall become effective when approved by the City Council and in accordance with the City Charter. If a proposed amendment has been recommended for disapproval by the Planning & Zoning Commission, the amendment may not become effective except by a three-fourths vote of all members of the City Council. 3.06.030 Approval Criteria (Rezoning) The City Council shall consider the following approval criteria for zoning changes: A. The application is complete and the information contained within the application is sufficient and correct enough to allow adequate review and final action; B. The zoning change is consistent with the Comprehensive Plan; C. The zoning change promotes the health, safety or general welfare of the City and the safe orderly, and healthful development of the City; D. The zoning change is compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood; and E. The property to be rezoned is suitable for uses permitted by the District that would be applied by the proposed amendment. 3.06.040 Approval Criteria (Planned Unit Development) In addition to the zoning change criteria above, the City Council shall consider the following specific objectives and criteria for approving the PUD. A. Specific Objectives Rezoning to and development under the PUD District will be permitted only in accordance with the following specific objectives: 1. A variety of housing types, employment opportunities, or commercial services to achieve a balanced community; 2. An orderly and creative arrangement of all land uses with respect to each other and to the entire community; 3. A planned and integrated comprehensive transportation system providing for a separation of pedestrian and vehicular traffic, to include facilities such as roadways, bicycle ways, and pedestrian walkways; 4. The provisions of cultural or recreational facilities for all segments of the community; Attachment number 4 \nPage 16 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 17 of 82 5. The location of general building envelopes to take maximum advantage of the natural and manmade environment; and 6. The staging of development in a manner which can be accommodated by the timely provision of public utilities, facilities, and services. 3.06.050 Approval Criteria (Historic District Designation) A. In addition to the approval criteria for zoning changes above, the City Council shall consider the following: 1. Character, interest, or value of the structure, site or area because of its unique role in the development, heritage or cultural characteristics of the City of Georgetown, State of Texas or nation; 2. Occurrence of a notable historical event at the structure, site, or area; 3. Identification of the structure, site, or area with a person or persons who contributed notably to the culture and development of the city, state, nation, or society; 4. Embodiment in multiple buildings in a structure or site under consideration of distinctive elements of architectural design, detail material, or craftsmanship related to a uniqueness to the area or the related distinctiveness of a craftsman, master builder or architect or a style or innovation; 5. Archaeological value in the sense that the structure, site, or area has produced or can be expected to yield, based on physical evidence, information affecting knowledge of history or prehistory; and 6. Other unique historical value. B. Required Findings In recommending the application of an historic overlay designation to an area of the City, the Historic and Architectural Review Commission shall recommend express findings to the City Council regarding the specific structures, landscapes, or other physical aspects of the District on which it bases the determination required by the criteria above. C. Where the designation is made based on the general character of the District or landmark, these findings may include, but shall not necessarily be limited to: 1. Scale of buildings and structures typical of the area; 2. Architectural style; 3. Architectural period; 4. Building materials typical of the area; 5. Colors used in buildings typical of the area; 6. Signage and street furniture typical of the area; 7. Landscapes typical of the area; 8. Typical relationships of buildings to the landscapes in the area; Attachment number 4 \nPage 17 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 18 of 82 9. Typical relationships of buildings in the area to the street; 10. Setbacks and other physical patterns of building in the area; 11. Typical patterns of rooflines of buildings in the area; and 12. Typical patterns of porch and entrance treatments of buildings in the area. D. Where the designation is made based on the character of a limited number of specific buildings in the area, the findings may include, but shall not necessarily be limited to: 1. Architectural style of the buildings; 2. Architectural period of the buildings; 3. Textures and colors of materials used in the buildings; 4. Shapes of the buildings; 5. Rooflines of the buildings; 6. Porch and entrance treatments of the buildings; 7. Height and mass of the buildings; and 8. Relative proportions of the buildings (width to height, width to depth). 3.06.060 Interim Control during Historic District Consideration No Building Permit may be issued by the City for alteration, construction, demolition or removal of any property or structure within an area proposed for designation to the Historic District from the date the application for Historic District designation is deemed complete until its final disposition by the City Council unless such alterations, removal or demolition is authorized by formal action of the Building Standards Board as necessary for preservation of the public health, welfare or safety as provided for Dangerous Buildings in Chapter 15 of the City Code of Ordinances. In no event will the delay be for more than 120 days. Section 3.07 Special Use Permit 3.07.010 Applicability Special Use Permits allow for City Council approval of uses with unique or widely varying operating characteristics or unusual site development features, subject to the terms and conditions set forth in this Code. Special Use Permits may be issued only for uses that are generally compatible with other uses permitted in a Zoning District, but that require individual review of their location, design, intensity, etc. These uses and the Districts where they may be located are listed in Chapter 5. These uses may be located in Districts as indicated under special with conditions described in a Special Use Permit recommended by the Planning & Zoning Commission and approved by the City Council. No such use shall commence without prior approval of a Special Use Permit. A Special Use Permit includes a conceptual site layout andthat, after approval, serves as the conceptual site layout necessary for the basis of the final Site Plan, which, if necessary, shall be required prior to obtaining any additional permits. An approved Special Use Permit is maintained with the property, and not the property owner, renter, or lessee, and shall be valid per the terms of Section 3.07.050. The provisions of this Section related to Attachment number 4 \nPage 18 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 19 of 82 Special Use Permits are adopted pursuant to Texas Local Government Code Chapter 211 and the City Charter. 3.07.020 Review Process A. Initiation Initiation of a Special Use Permit may be made upon application of a property owner or their designated agent, following the established application processes and requirements in Chapter 3. B. Application and Completeness Determination The Director is responsible for checking that a complete application has been submitted, with all material necessary for the City Council to render an informed decision. C. Staff Review 1. The Director shall review the application, considering any applicable criteria for approval and prepare a report to the Planning & Zoning Commission and City Council. 2. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statutes. 3. The Director may assign staff to review the application and make a report to the Director. 4. The Director’s report may include a recommendation for final action. D. Planning & Zoning Commission Review Following notice in accordance with Section 3.03, the Commission shall hold a Public Hearing in accordance with its rules and state law and make a recommendation to the City Council. E. City Council Final Action 1. The City Council shall hold a Public Hearing, in accordance with its rules and state law, and may take final action on the proposed Special Use Permit. 2. The Special Use Permit and any subject conditions shall become effective upon approval by the City Council and in accordance with the City Charter. 3.07.030 Approval Criteria A. A conceptual site layout Site Plan for the Special Use Permit must be approved by the City Council in order to approve issuance of a Special Use Permit. B. The conceptual site layout must be reviewed by the Director for compliance with this Code, in accordance with the review criteria in Sections 3.03.040D and include, at a minimum, the following existing and proposed features: driveways, parking areas, entrance(s), trees, landscaping, buffering, screening, fences, buildings and other structures, outdoor refuse containers, easements, sidewalks, street(s) names and locations, lighting, signs, floodplain limit (general), preliminary plan for utilities, concept drainage, and site and building dimensions. C. In addition to the criteria for zoning changes in Section 3.06.030, 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 shall consider the following criteria in its review: Attachment number 4 \nPage 19 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 20 of 82 1. The proposed special 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. 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. 3.07.040 Changes to Submitted Conceptual Site LayoutSite Plan An application submitted to modify Any modification to an approved conceptual site layoutSite Plan that was filed as part of a Special Use Permit shall cause the Special Use Permit to be reviewed under paragraphs A and B below. Modified conceptual site layouts must be resubmitted to the Director for consideration. A. The Director may determine that the modification to the conceptual site layout does not change the basis for Special Use Permit approval and issue an approval of the modified Special Use Permit. B. If the Director determines that the modifications to the conceptual site layout change the basis for the initial Special Use Permit approval, the modified permit shall follow the normal review process for a Special Use Permit. 3.07.050 Expiration A Special Use Permit shall expire 12 24 months from the date of Council approval, unless: A. A Site Plan application, if necessary, has been submitted. A.B. A complete Building Permit application has been submitted approved or, if no Building Permit is required, a Certificate of Occupancy has been issued. B.C. In the case of projects where more than one building or phase is to be built, the applicant may submit a series of Building Permit applications. The first application must be submitted approved within 12 24 months from the date conceptual site layout approval is granted. Each subsequent application must be submitted within 12 24 months from the date of issuance of a Certificate of Occupancy, or equivalent, by the Building Official for the previous phase of the development. C.D. A lapse of a period greater than the periods set forth above causes the related approvals or permits to expire and be of no further force and effect. The Director has the authority to consider a 6 month extension of the above deadlines based on extenuating circumstances. Any further action shall require a new application and approval. E. The Council’s approval of the Special Use Permit specified an expiration date. Attachment number 4 \nPage 20 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 21 of 82 3.07.060 Discontinuation A Special Use Permit shall expire 12 months following the discontinuation of the use for which the Special Use Permit was approved. Section 3.08 Subdivision of Land 3.08.010 Plat Required A. Pursuant to the authority granted in Texas Local Government Code Chapter 212 and the City Charter, prior to the subdivision, resubdivision or development of any land within the City or its extraterritorial jurisdiction, all plats and construction plans for public improvements must first be approved in accordance with these regulations. B. The owner of a tract of land located within the City limits or the extraterritorial jurisdiction who divides the tract in two or more parts to lay out a subdivision of the tract, including an addition to the City, to lay out suburban, building or other lots or to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts must have a plat of the subdivision prepared. C. A division of a tract under this Section includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract for sale or other executory contract to convey or by using any other method. D. No Building Permit or, Certificate of Occupancy, or utility services may be issued for any parcel or tract of land until unless such property has received Final Plat approval and is in conformity with the provisions of this Code, the plat has been recorded and public improvements have been accepted (if applicable)Code. E. The division of any lot or any parcel of land by the use of metes and bounds description for the purpose of development is prohibited. 3.08.020 Exemptions from Required Plat Some removed, others reworded/reorganized The following actions situations shall not require review by the City under the following subdivision provisions. However, Williamson County may still require subdivision approval under its regulations for subdivisions located in the City’s ETJ. A. Land constituting a single tract, lot, site, or parcel for which a legal deed of record describing the boundary of said tract, lot, site, or parcel was filed of record in the deed records of Williamson County, Texas, on or before May 10, 1977;A division of land under this Section does not include a division of land into parts greater than five acres, where each part has public street access and no public improvement is being dedicated. B. A division of land into parts greater than five acres, where each part has public street access and no public improvement is being dedicated;Construction of additions or alterations to an existing building where no drainage, street, public utility extension or public improvement, additional parking, or street access changes are required to meet the standards of this Code are necessary to support such building addition or alterations. Attachment number 4 \nPage 21 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 22 of 82 C. A division of land created by order of a court of competent jurisdiction, including the probate of an estate, provided however, that prior to construction of improvements, a plat meeting the requirements of this Chapter shall be approved and recorded prior to the issuance of permits;Common ownership arrangements that do not involve a division of fee title to the land. D.Partitions of land among co-tenants. E.D. Construction of additions or alterations to an existing building where no public utility extension or public improvement, drainage, street, parking increase, or street access change is required to meet the standards of this Code for such building addition or alterations;A change in ownership of a property through inheritance or the probate of an estate. F.E. Operation of existing Cemeteries cemeteries complying with all state and local laws and regulations.; and G.F. Acquisition of land by the City, County, or State for a governmental purpose.Land constituting a single tract, lot, site or parcel for which a legal deed of record describing the boundary of said tract, lot, site, or parcel was filed of record in the deed records of Williamson County, Texas, on or before May 10, 1977. H. Acquisition of land for a governmental purpose by dedication, condemnation or easement. 3.08.030 Certification Regarding Compliance with Plat Requirements Certification regarding a tract’s compliance with the platting requirements of this Chapter may be requested as outlined in Section 3.10.020. 3.08.040 Plat Types The following table summarizes types of plats required by this Code as well as their corresponding process. When a proposed division is subject to more than one description within a plat type, the more restrictive process is applicable. Attachment number 4 \nPage 22 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 23 of 82 Table 3.08.030 Plat Summary Plat Type Description Public Hearing Final Action Expiration Preliminary Plat Required when the extension of public infrastructure, including public utilities and roadways, is required or proposed No P&Z 24 months from approval date unless Final Plat recorded within that time. Phased Preliminary Plats expire 24 months from date last Final Plat recorded. Preliminary Plat that includes existing platted property See Replat P&Z Amendment to approved Preliminary Plat No P&Z Maintains expiration date of original Preliminary Plat being amended Re c o r d i n g Pl a t s Final Plat Final Plat of approved Preliminary Plat No Director Must be recorded within 24 months from approval date Plat with more than 4 lots, but with no required or proposed public infrastructure No P&Z Combined Preliminary and Final Plat is available when plat that could qualify as Minor Plat requires land or utility dedication No P&Z Final Plat that proposes qualified Minor Deviations from the approved Preliminary Plat No Director Final Plat that proposes qualified Major Deviations from the approved Preliminary Plat No P&Z Final Plat processed concurrently with Plat Waiver No P&Z Minor Plat Plat involving 4 or fewer lots that does not require or propose public infrastructure or land or utility dedication No Director Must be recorded within 24 months from approval date Minor Plat processed concurrently with Plat Waiver No P&Z Replat A resubdivision of all or part of an existing plat, involving more than 4 lots Yes P&Z Must be recorded within 24 months from approval date A resubdivision of all or part of an existing plat, involving 4 lots or less No Director A Replat involving property that is or has been subject to single or two-family restrictions or zoning within last 5 years Yes P&Z A Replat that is processed concurrently with a Plat Waiver No P&Z Amended Plat Plat meeting the standard qualifications of Amended Plat (i.e. corrections to previous plat, moving lot line, etc.) No Director Must be recorded within 24 months from approval date Attachment number 4 \nPage 23 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 24 of 82 3.08.030050 Submission Requirements The applicant shall submit all of the information required in the UDC Development Manual as specified on the corresponding plat application checklist. The file copy of Preliminary and Final Plats shall be prepared and submitted on Mylar in a format acceptable to the Director or in a digital format acceptable to the Director and compatible with the City’s geographic information system. A plat is not considered filed for the purposes of §212.009 of the Texas Local Government Code until the Director determines that the application meets all applicable requirements of this UDC and is accepted for consideration and acknowledges such by notifying the applicant of such acceptance and either placing the plat on the next available Planning and Zoning Commission agenda for their consideration, or, in the case of administratively approved plats, proceeding to final action is accepted as complete pursuant to Section 3.02.040. The final copy of Preliminary and Recording Plats shall be prepared and submitted in conformance with the UDC Development Manual. Once the last Final Plat is recorded for an approved Preliminary Plat its Mylar copy may be destroyed. 3.08.060 Staff Review Existing language, combined into one location A. The Director may establish procedures for administrative review of plat applications necessary to ensure compliance with this Code and state statute. B. The Director may assign staff to review the plat application and make a report to the Director. C. Once the Director determines the application is accepted for consideration, the Director shall prepare a report to the Planning and Zoning Commission, if applicable. The Director’s report may include a recommendation for final action. 3.08.040 Administrative Review of Minor and Amending Plats Moved A. Applicability Minor Plats, Amending Plats, and qualifying Replats may be approved as Administrative Plats by the Director of Planning and Development in accordance with this Section. a. Minor Plat b. A Minor Plat is any plat for four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities. c. Any plat that requires a waiver from subdivision design and improvement standards of this Unified Development Code, any utility dedication or any dedication of land shall not be processed as a Minor Plat and shall be processed in accordance with Section 3.08.050. 5. Amending Plat An Amending Plat is any plat meeting the definition in Texas Local Government Code §212.016. 6. Replat A Replat of a subdivision or part of a subdivision, pursuant to the Local Government Code Section §212.0065, may be approved administratively. B. Approval Criteria A minor or amending plat shall be approved if it meets all of the criteria below. Attachment number 4 \nPage 24 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 25 of 82 1. The application is complete and the information contained within the application is correct and sufficient enough to allow adequate review and final action. 2. The plat meets or exceeds the requirements of this Unified Development Code and any applicable state law. 3. The plat is consistent with the City’s Comprehensive Plan and any other adopted plans as they relate to: i. The City’s current and future streets, sidewalks, alleys, parks, playgrounds and public utility facilities; and i. The extension, improvement or widening of City roads, taking into account access to and extension of sewer and water mains and the instrumentality of public utilities. 4. The plat meets any subdivision design and improvement standards adopted by the City pursuant to Texas LGC § 212.002 or Texas LGC § 212.044, governing plats and subdivision of land within the City’s jurisdiction to promote the health, safety, morals or general welfare of the City and the safe orderly and healthful development of the City. 5. The tract of land subject to the application is adequately served by public improvements and infrastructure or will be adequately served upon completion by the applicant of required improvements. 6. For Minor Plats only, a Plat Waiver may be requested as a companion application to the consideration of a Minor Plat, according to the provisions detailed in Section 3.22 of this Code. Such Waivers and the Minor Plat shall be required to be approved by P&Z. C. Responsibility for Final Action 1. The Director of Planning and Development is responsible for final action on Administrative Plats. 1. The Director may, for any reason, elect to present the plat to the Planning and Zoning Commission for approval. 2. The Director may not deny Administrative Plats. Because the Director may not disapprove an Administrative Plat, any final action taken by the Director on an Administrative Plat Review may not be appealed. If the Director is unable to approve an Administrative Plat, the Planning and Zoning Commission will take final action. 3. Upon completion of construction, the subdivider shall deliver to the City a one-year guarantee of workmanship and materials as provided in Section 13.08. 4. The construction documents are authority to proceed with the construction of streets and utilities when duly signed by the Development Engineer. D. Recordation An approved Administrative Plat shall be considered a Final Plat for the purposes of recording. If the Director has approved the plat, the plat becomes the instrument to be recorded in the Office of the County Clerk when all requirements have been met. The subdivider shall pay the record filing fee. Attachment number 4 \nPage 25 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 26 of 82 E. Expiration of Administrative Plat and Plans An approved Final Plat which has not been filed in the appropriate records of Williamson County within one year of its approval shall be considered null and void. 3.08.050070 Preliminary Plats Review A. Applicability 1. Approval of a Preliminary Plat, showing the proposed layout of the subdivision, approval shall be required before approval of any division of land or platting activity that does not meet the definition of an Administrative Platrequires or proposes the extension of public infrastructure, including, but not limited to, public utilities and roadways. 2.Combined Preliminary and Final Plat Option Moved to final plats Any division of land or platting activity that requires any of the following and would otherwise meet the definition of an Administrative Plat, may be processed as a combined Preliminary and Final Plat, and subject to the criteria of this Section and Section 3.08.070. a.Any utility dedication; or b.Any dedication of land. The Director shall have the authority to determine if a plat meets the criteria to be processed as a combined Preliminary and Final Plat. This combined plat shall be titled as a Final Plat. The fee for such a combined Plat shall be 50% of the Final Plat fee. 2. Any Preliminary Plat that includes the further subdivision of all or part of a recorded plat that has not otherwise been vacated, must also follow the precedures set forth for Replats as outlined in Section 3.08.070.D. B. Unlawful to Record Preliminary Plat It shall be unlawful to cause to be recorded, any Preliminary Plat of land within the City limits or extraterritorial jurisdiction of Georgetown, to be recorded with the County Clerk, except as otherwise established for a Combined Preliminary and Final Plat. C. Initiation Initiation of a Preliminary Plat review may be made upon submittal of a complete application by a property owner or their designated agent. D. Application and Completeness Determination The applicant shall submit all of the information required in the UDC Development Manual. The Director is responsible for determining the completeness of an application submitted, pursuant to Section 3.02.040. C.Staff Review 1. The Director shall review the application, considering applicable criteria for approval and prepare a report to the Planning & Zoning Commission and City Council. 1.The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statute. 2.The Director may assign staff to review the application and make a report to the Director. Attachment number 4 \nPage 26 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 27 of 82 3.The Director’s report may include a recommendation for final action. D.Planning & Zoning Commission Review The Planning and Zoning Commission shall consider the Preliminary Plat application, the Director’s report, state law, and compliance with this Unified Development Code, and take final action. E.C. Approval Criteria A Preliminary Plat shall be approved if it meets all of the criteria below. 1. The Preliminary Plat shall not be considered for final action until the Director has determined the application Preliminary Plat is acceptable for consideration, meaning the application is complete and the information contained within the application is correct and sufficient enough to allow adequate review consideration and final action. 2. No Preliminary Pplat shall be approved without a determination that the plat conforms to the following: a. The plat meets or exceeds the requirements of this Unified Development Code and any applicable local or state laws. b. The plat is consistent with the City’s Comprehensive Plan and any other adopted plans as they relate to: i. The City’s current and future streets, sidewalks, alleys, parks, playgrounds, and public utility facilities; and ii. The extension of the City or the extension, improvement or widening of its roads, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities. c. Any subdivision design and improvement standards adopted by the City pursuant to Texas LGC § 212.002 or Texas LGC § 212.044, governing plats and subdivision of land within the City’s jurisdiction to promote the health, safety, morals or general welfare of the City and the safe orderly, and healthful development of the City. d. The tract of land subject to the application is adequately served by public improvements and infrastructure or will be adequately served upon completion by the applicant of required improvements. 3. Phasing Plan In lieu of recording the entirety of a proposed division of a property at one time, and therefore constructing all public improvements required by the division at once, an applicant may propose a plan for phasing the subdivision as follows: a. Each subdivision platThe Phasing Plan shall include indicatea the boundaries and order of schedule for phasing final platting and construction of associated improvements. b. No such schedule Phasing Plans shall not propose more than 10 phasesexceed a period of 10 years. The Director may approve phasing in excess of this number if the applicant can provide justification for such. The number of phases herein is exclusive of any increase in phases due to the splitting of phases as allowed per Section 3.080.B.1.c. Attachment number 4 \nPage 27 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 28 of 82 c. Each proposed phase of a Phasing Plan for a single-family residential development shall include at least 4 lots, except that lots shown on a Phasing Plan for nonresidential uses, such as lots for parkland, neighborhood amenity centers, or commercial out lots, or any similar uses as determined by the Director, may be shown as a single lot phase. c.d. The proposed order of phasing shall follow a logical progression and, in the event subsequent phases are not built, meet the minimum requirements of this Code, including, but not limited to, public infrastructure, parkland dedication, connectivity, and dedication of adjacent street rights-of-way. d.e. Changes to a Phasing Plan shall meet the requirements of this Section and follow the procedures for such as permitted in Sections 3.08.070.F and 3.08.080.B.1.c. D. Responsibility for Final Action 1. The Planning and Zoning Commission shall consider the Preliminary Plat application, the Director’s report, state law, and compliance with this Unified Development Code, and take final action. 2. Any of the following actions by the Commission shall be considered the Commission’s final action: a. Approval of the Preliminary Plat; b. Approval of the Preliminary Plat with conditions, subject to the following: i. The Preliminary Plat shall be considered approved only once such conditions are satisfied; and ii. Failure to satisfy the stated conditions within 6 months shall cause the conditional approval of the Preliminary Plat to convert to denial; iii. Denial of the Preliminary Plat. 3. The Commission may postpone final action on a Preliminary Plat only when an applicant submits a written request to waive any rights under Texas LGC §212.009 and postpone such action to a specific future Commission meeting. F.E. Expiration of Preliminary Plat 1. For A Preliminary Plats on projects that is proposed to be developed in a single phase are not phased or are not to be developed sequentially, the Preliminary Plat shall become null and void 24 months after its approval unless a Final Plat is filed and approvedrecorded for all of the Preliminary Plat within that time. 2. For A Preliminary Plats on projects that includes an approved Phasing Planare phased or that will be developed sequentially, shall become null and void 24 months after its approval unless a Final Plat for the first phase is recorded within that time. the The approval recording of a Final Plat for a the first phase of the project shall extend the expiration date for the remaining portion of the original Preliminary Plat for a period of 1824 months after the date of approval recordation of the Final Plat. Approval Recordation of each subsequent Final Plat within 18 24 months of the date of approval recordation of the preceding Final Plat shall extend the expiration date for the portion of the original Preliminary Plat for which no Final Plats have been approved for an additional 18 24 months from the date of approval recordation of such Final Plat. Attachment number 4 \nPage 28 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 29 of 82 a. Each 1824-month extension period for the expiration of the original Preliminary Plat runs from the date of the latest Final Plat approvalrecordation. Extension periods are not cumulative. b. If a Final Plat is not filed and approved recorded during the 1824-month extension period, the approval of the original portion of the Preliminary Plat that has not been recorded by the County, together with any unapproved unrecorded Final Plat applications or expired Final Plats, lapses. F. Changes to Approved Preliminary Plats Changes to an approved Preliminary Plat that do not otherwise qualify as a deviation to the approved Preliminary Plat as defined in Section 3.08.080.B.1.c, shall be processed as either an amendment to the original Preliminary Plat or as a new Preliminary Plat application as follows: 1. Changes to a Preliminary Plat may be processed as an amendment to the original Preliminary Plat if: a. The proposed amendment does not alter the purpose and intent of the original Preliminary Plat (i.e., commercial subdivision, single-family residential large lot subdivision); b. The general design and layout of the original Preliminary Plat is maintained; c. The proposed development density does not substantially increase or decrease; and d. The amendment does not propose the removal or addition of an arterial level roadway. 2. The Director shall review the proposed changes, including any changes to the Phasing Plan, in the same manner prescribed for the original Preliminary Plat approval. 3. Planning and Zoning Commission shall consider and take final action on an amendment to a Preliminary Plat in the same manner prescribed for the original Preliminary Plat approval. 4. Approval of a Preliminary Plat amendment shall not cause the expiration date established with the original Preliminary Plat approval to be extended. 5. The development regulations in effect for the original Preliminary Plat approval shall be applicable to the Preliminary Plat amendments. 6. All other changes to an approved Preliminary Plat that do not meet the provisions of this Section, as determined by the Director, shall require submittal and approval of a new Preliminary Plat application (including new fees, new review process, new approval dates, etc.). 3.08.080 Recording Plats Grouping of existing sections Recording plats are those subdivision plats that are to be a document of legal record and include Final Plats, Minor Plats, Replats, and Amending Plats. A. Approval of Recording Plats Except as otherwise required within this Chapter, recording plats are acted upon administratively by the Director. The Director, at their discretion, may choose to forward a plat to the Planning and Zoning Commission for final action. If the Director cannot approve the plat, the plat must be forwarded to the Planning and Zoning Commission for final action. Attachment number 4 \nPage 29 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 30 of 82 B. Final Plats 1. Applicability 2.Final Plats are technically complete, recordable versions of an already approved Preliminary Plat. Except as otherwise noted within this Section, no Final Plat may be considered or approved unless the Preliminary Plat for the same land has been approved and has not expired and the Final Plat is consistent with such Preliminary Plat or revision thereof. The Final Plat must incorporate all changes from the Preliminary Plat that were considered and approved by the Planning and Zoning Commission or the Director. Final Plat review is used to ensure that a final recorded plat application includes final engineering diagrams and descriptions that conform to the Preliminary Plat and the “as-built” infrastructure on the site. Exception to these requirements is allowed as follows: a. No Public Infrastructure Proposed new A Final Plat may be approved without approval of a Preliminary Plat for the same project if the division of land would otherwise qualify as a Minor Plat, but proposes more than 4 lots. A Final Plat under this provision may not include the dedication of land or require or propose the extension of any public infrastructure, including, but not limited to, public utilities or roadways. Final Plats under this provision shall be forwarded to the Planning and Zoning Commission for final action. b. Combined Preliminary and Final Plat Option moved from prelim Any division of land or platting activity that requires any of the following, but would otherwise meet the definition of a Minor Plat, may be processed as a Combined Preliminary and Final Plat, subject to the criteria of this Section and Section 3.08.070. i. Any utility dedication; or ii. Any dedication of land. The Director shall have the authority to determine if a plat meets the criteria to be processed as a Combined Preliminary and Final Plat. This combined plat shall be titled and processed as a Final Plat except that the Planning and Zoning Commission shall have final action. c. Deviations from the Approved Preliminary Plat new i. Minor Deviations During review of the Final Plat, the Director may consider and approve minor deviations from what was proposed on the approved Preliminary Plat. Deviations that affect another proposed phase of the Preliminary Plat or that affect property off-site of the Preliminary Plat or any deviations that increase the density of development shall not be considered minor. The deviations shall meet any approval criteria applicable to the approved Preliminary Plat. A draft of the proposed changes to the Preliminary Plat shall be provided to the Planning Department as part of the application submission for the Final Plat. Approval by the Director of such Final Plat shall be considered approval of the amendments to the Preliminary Plat and shall cause an updated final copy of the Preliminary Plat to be provided to the Planning Department prior to recordation of the Final Plat. The Attachment number 4 \nPage 30 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 31 of 82 Director may, at their discretion, choose to send proposed deviations to the Planning and Zoning Commission for their consideration and final action. The following deviations from the Preliminary Plat may be considered minor: (a) Adjustments in alley, local, or collector street alignments or widths that do not affect another proposed phase of the Preliminary Plat or adjacent property; (b) Changes to the lot lines, sizes, or configuration provided that the total number of lots does not increase and the changes do not affect approved infrastructure; (c) Decreases in the number of lots by up to 10% or one lot, whichever is greater, provided any minimum density requirements continue to be met, if applicable; (d) The splitting of a proposed phase of the Preliminary Plat into two phases if the separation does not affect access or utilities to a later phase; (e) The combining of adjacent proposed phases of the Preliminary Plat; (f) A change in the order of adjacent phases of the Preliminary Plat, provided adequate public infrastructure is available and is maintained for subsequent phases; and (g) Other similar changes as determined by Director. ii. Major Deviations from the Approved Preliminary Plat Any Final Plat that proposes major deviations from the approved Preliminary Plat shall be forwarded to the Planning and Zoning Commission for consideration and final action. The deviations shall meet any approval criteria applicable to the approved Preliminary Plat. A draft of the proposed changes to the Preliminary Plat shall be provided to the Planning Department as part of the application submission for the Final Plat. Approval by the Commission of such Final Plat shall be considered approval of the amendments to the Preliminary Plat and shall cause an updated final copy of the Preliminary Plat to be provided to the Planning Department prior to recordation of the Final Plat. The following deviations from the Preliminary Plat are considered major: (a) Adjustments in Arterial roadway alignments or widths that do not affect another proposed phase of the Preliminary Plat or property off-site; (b) Adjustments to lot lines, sizes, or configurations that do not increase or decrease the total number of lots by more than 10% or one lot, whichever is greater; (c) Modification to proposed parkland; (d) Changes in the location of the boundary line of a phase of the Preliminary Plat to include part of another phase, provided no change in the layout of the streets and lots of adjacent phases is required; (e) Reordering of proposed phases of the Preliminary Plan, provided adequate public infrastructure is maintained and the reordering does not affect planned infrastructure off-site; and (f) Other similar changes as determined by Director. Attachment number 4 \nPage 31 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 32 of 82 iii. All Other Changes All other changes that affect property off-site of the Preliminary Plat, or otherwise do not fall within the limitations herein, shall not be processed as deviations and shall follow the procedures of Section 3.08.070.F. iv. Determination The Director shall make a determination of whether proposed deviations are deemed to be minor or major. 2. Approval Criteria A Final Plat shall not be considered for final action until the Director has determined the following: a. The Final Plat is acceptable for consideration, meaning the application is complete and the information contained within the application is correct and sufficient to allow adequate consideration and final action. c.b. The Final Plat is consistent with an approved Preliminary Plat, except as provided for in Section 3.08.080.B.1. c. The Final Plat is consistent with any City-approved construction plans for any required or agreed improvements. d. The Final Plat meets any subdivision design and improvement standards adopted by the City pursuant to Texas Local Government Code §212.002 or Texas Local Government Code §212.044, governing plats and subdivision of land within the City’s jurisdiction to promote the health, safety, morals, or general welfare of the City and the safe, orderly, and healthful development of the City. e. The tract of land subject to the application is adequately served by public improvements and infrastructure, including water and wastewater or will be adequately served upon completion by the applicant of required improvements. C. Minor Plats 1. Applicability a. A Minor Plat is a plat for four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities and not otherwise considered a Replat or Amending Plat. b. Any plat that requires public improvements per this Unified Development Code, any utility dedication or any dedication of land shall not be processed as a Minor Plat and shall be processed in accordance with Section 3.08.070 or 3.08.080.B.1.b as applicable. 2. Approval Criteria A Minor Plat shall not be considered for final action until the Director has determined the following: a. The Minor Plat is acceptable for consideration, meaning the application is complete and the information contained within the application is correct and sufficient to allow adequate consideration and final action. Attachment number 4 \nPage 32 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 33 of 82 b. The plat meets or exceeds the requirements of this Unified Development Code and any applicable state or local laws. c. The plat is consistent with the City’s Comprehensive Plan and any other adopted plans as they relate to: i. The City’s current and future streets, sidewalks, alleys, parks, playgrounds, and public utility facilities; and ii. The extension, improvement, or widening of City roads, taking into account access to and extension of sewer and water mains and the instrumentality of public utilities. d. The plat meets any subdivision design and improvement standards adopted by the City pursuant to Texas LGC § 212.002 or Texas LGC § 212.044, governing plats and subdivision of land within the City’s jurisdiction to promote the health, safety, morals, or general welfare of the City and the safe, orderly and healthful development of the City. e. The tract of land subject to the application is adequately served by public improvements and infrastructure. f. A Plat Waiver may be requested as a companion application to the consideration of a Minor Plat, according to the provisions detailed in Section 3.22 of this Code. Such Waivers and the Minor Plat shall be required to be approved by P&Z. D. Replats 1. Applicability A property owner who proposes to further subdivide all or part of a recorded plat, without first vacating that plat, must obtain approval for a Replat as outlined in the procedures prescribed for the resubdivision of land under these regulations and Texas LGC Chapter 212. 2. Approval Criteria A Replat shall not be considered for final action until the Director has determined the following: a. The Replat is acceptable for consideration, meaning the application is complete and the information contained within the application is correct and sufficient to allow adequate consideration and final action. b. The plat meets or exceeds the requirements of this Unified Development Code and any applicable state or local laws. c. The plat is consistent with the City’s Comprehensive Plan and any other adopted plans as they relate to: i. The City’s current and future streets, sidewalks, alleys, parks, playgrounds, and public utility facilities; and ii. The extension, improvement, or widening of City roads, taking into account access to and extension of sewer and water mains and the instrumentality of public utilities. d. The plat meets any subdivision design and improvement standards adopted by the City pursuant to Texas LGC § 212.002 or Texas LGC § 212.044, governing plats and subdivision of land within the City’s jurisdiction to promote the health, safety, morals, or general welfare of the City and the safe, orderly, and healthful development of the City. Attachment number 4 \nPage 33 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 34 of 82 e. The tract of land subject to the application is adequately served by public improvements and infrastructure. f. A Plat Waiver may be requested as a companion application to the consideration of a Replat, according to the provisions detailed in Section 3.22 of this Code. Such Waivers and the Replat shall be required to be approved by P&Z. g. A Replat may not amend or remove any covenants or restrictions and is controlling over the preceding plat. 3. Responsibility for Final Action Pursuant to Texas LGC §212.0065, the Director of Planning and Development shall have administrative authority for approval of a Replat, without Public Hearing, unless the proposed Replat meets any of the following criteria. In such case, the Planning and Zoning Commission, after a Public Hearing on the matter, is responsible for final action on the Replat, except as otherwise noted. a. The Replat involves more than 4 lots; or b. Any lot proposed by the Replat does not front on an existing streets; or c. The Replat does not require or propose the creation of any new street (requires approval of a Plat Waiver pursuant to Section 3.22); or d. The Replat requires or proposes the extension of municipal facilities (requires approval of Preliminary Plat pursuant to Section 3.08.070); or e. The area covered by the Replat is subject to the requirements of Paragraph 4 below; or f. The Replat is companion to a request for Plat Waiver, per Section 3.22. 4. Additional Requirements for Certain Replats Replats containing any area or lot that, during the preceding five years, was limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot or in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot, require compliance with Texas LGC §212.015 and shall meet the additional requirements outlined below. a. Written notice of the Public Hearing required in Paragraph 3 above shall be mailed, in accordance with Section 3.03.010.C, no less than 15 days prior to the Public Hearing, to all owners of lots that are part of the original subdivision and located within 200 feet of the boundary of the property to be replatted. b. If the Replat application is accompanied by a Plat Waiver application, per Section 3.22, and is legally protested in accordance with this Section, approval of the Replat shall require the affirmative vote of at least three-fourths of the voting members of the Commission present at the meeting. For purposes of this Section, a protest is legal if it is made in writing and signed by the owners of at least 20% of the area of the lots or land (including streets and alleys) that was subject to the written notification required above and filed with the Commission prior to the close of the Public Hearing on the Replat. E. Amending Plats 1. Applicability An Amending Plat is any plat meeting the definition in Texas LGC §212.016. Attachment number 4 \nPage 34 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 35 of 82 2. Approval Criteria An Amending Plat shall not be considered for final action until the Director has determined the following: a. The Amending Plat is acceptable for consideration, meaning the application is complete and the information contained within the application is correct and sufficient to allow adequate consideration and final action. b. The plat meets the requirements of §212.016 of the Texas LGC. c. The plat meets or exceeds the requirements of this Unified Development Code and any applicable state law. d. The plat is consistent with the recorded subdivision it is amending. F. Recordation Requirements for Recording Plats 1. The recording plat is the instrument to be recorded in the Office of the County Clerk when all requirements have been met. The plat is ready for recordation only after the following has occurred: a. The Director or the Planning and Zoning Commission has approved the plat; b. For Final Plats, the Development Engineer has approved the Construction Plans; c. For Final Plats, the subdivider has either filed a “financial guarantee of performance” or completed required construction of infrastructure and public improvements; d. The Director or the Chair and Secretary of the Planning and Zoning Commission have signed the plat; and e. Support documentation as required by the County Clerk’s office for plat recordation has been provided to the Planning Department, including the filing fees. 2. The subdivider shall be responsible for paying all record filing fees. G. Expiration of Recording Plats An approved recording plat that has not been filed in the appropriate records of Williamson County within 24 months of its approval shall expire and be considered null and void. H. Vacation of Recorded Plat In accordance with Texas LGC §212.013, after a plat has been recorded with the County, the plat or any portion of the plat may be vacated by application of all the owners of property within the original plat in the same manner as would be currently prescribed under this Code for approval of the original plat (i.e. administrative, public hearing required, etc.). 3.08.090 Extension and Reinstatement of Approved Subdivision Plats A. Extension of Approved Subdivision Plat Prior to expiration of an approved Subdivision Plat, including Preliminary Plats and Recording Plats, an applicant may request a one-time extension of the Subdivision Plat approval for a period of 24 months if the Director determines such extension will have no negative impacts on the surrounding area and would not be contrary to the public interest. Approval of an extension for a Final Plat that is subject to the requirement for a Preliminary Plat may only be granted if the Attachment number 4 \nPage 35 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 36 of 82 approval of the Preliminary Plat for such is also extended, if applicable. A request for Subdivision Plat extension shall follow the procedures set forth for such in the UDC Development Manual. B. Reinstatement of Approved Subdivision Plat In the event an approved Subdivision Plat, including Preliminary Plats and Recording Plats, expires, an applicant may seek a one-time reinstatement of the approved Subdivision Plat, without modification, subject to the provisions below. Such reinstatement may be granted by the Director for a period not to exceed 24 months. Approval of a reinstatement for a Final Plat that is subject to the requirement for a Preliminary Plat may only be granted if the approval of the Preliminary Plat for such is also reinstated, if applicable. A request for Subdivision Plat reinstatement shall follow the procedures set forth for such in the UDC Development Manual. 1. The reinstatement must be requested within 24 months of the expiration date of the approved Subdivision Plat. 2. The regulations applicable to the plat per the Code currently in effect may not be determined to be significantly different from those applied to the original approval of the Site Plan, such that a new application for the same plan would be substantially the same. 3. The circumstances of the subject property, roadways and adjacent properties shall have remained the same, so as to not change the requirements applicable to the property. Such circumstances could include, but not be limited to, a change in the boundary of the subject property or a change in classification of the adjacent. C. The Director shall have the authority to determine if a Subdivision Plat Extension or Reinstatement meets the criteria for processing and approval. 3.08.060100 Construction Plans A. Applicability Construction plans conforming to the City’s Construction Specifications and Standards Manual and this Code must be submitted to the Development Engineer for all existing or proposed streets, sidewalks, drainage, and utility improvements, and any other infrastructure or public improvements that are required or proposed to be constructed, reconstructed, improved or modified to serve the development. Where the Final Plat is for property being developed in phases, the required construction plans must include the improvements specified in the Preliminary Plat to serve the phase being platted. The construction plans are intended to provide detailed engineering drawings for all improvements required to serve the development. The construction plans shall be kept as a permanent record of the City. B. Construction or Financing of Public Improvements 1. After approval of a Preliminary Plat, the subdivider shall notify the Development Engineer as to the construction procedure the subdivider proposes to follow. One of the following procedures shall be used: a. The subdivider may file construction plans, and, upon approval of the construction plans by the Development Engineer, proceed with construction of streets, alleys, sidewalks, and utilities that the subdivider is required to install. Attachment number 4 \nPage 36 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 37 of 82 b. The subdivider may elect to file a “financial guarantee of performance” as provided in Section 13.08, in which case the guarantee of performance shall be filed with the City. 2. Upon completion of construction the subdivider shall deliver to the City a one-year maintenance bond for guarantee of workmanship and materials as provided in Section 13.08. 3. A conditional Construction Permit for a model home may be issued once the streets to the subdivision have been constructed to sub-grade and water service and a fire hydrant are located within 500 feet of the lot on which the model home is located. The Building Official shall note on the permit that the property owner accepts all responsibility for commencing construction prior to completion of the public improvements and City acceptance of the subdivision. The Certificate of Occupancy for the model home will not be issued until the subdivision and all public improvements have been accepted by the City, a Final Plat has been filed with the County and all utilities are connected to the home. 4. The construction documents, when duly signed by the Development Engineer, are authority to proceed with the construction of streets and utilities. C. Responsibility of Subdivider’s Engineer The professional engineer representing the subdivider is responsible for the accuracy, completeness, and conformance to the City’s Construction Specifications and Standards Manual, this Code and all applicable City standards. The City has no project design or engineering responsibility. D. Approval Criteria The purpose of the Development Engineer’s review is to ensure conformance to City policies and standards. However, the Development Engineer’s review is limited to facts as presented on submitted plans. The Drainage Engineer shall review any stormwater-related issues and comment to the Development Engineer. 1. The Development Engineer shall approve construction plans that are submitted and sufficiently show compliance with any City-approved or adopted design or construction criteria manuals or in the absence of City-approved or adopted design requirements, standard engineering practices. 2. The City reserves the right to require corrections to actual conditions in the field that are found to be contrary to or omitted from submitted plans. 3. The Development Engineer shall not approve construction plans that do not adequately represent construction of the approved infrastructure and public improvements included in the approved Preliminary Plat. E. Responsibility for Final Action The Development Engineer is responsible for final action on construction plans. 3.08.070 Final Plat Approval moved A. Applicability 1. Final Plats are technically complete versions of an already approved Preliminary Plat. No Final Plat may be considered or approved unless the Preliminary Plat for the same land has been Attachment number 4 \nPage 37 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 38 of 82 approved, and the Final Plat is consistent with the previously-approved Preliminary Plat. The Final Plat must incorporate all changes from the Preliminary Plat that were considered and approved by the Planning and Zoning Commission. 1. Final Plat review is used to ensure that a final recorded plat application includes final engineering diagrams and descriptions that conform to the Preliminary Plat and the “as-built” infrastructure on the site. B. Final Plat Application Requirements 1. The applicant shall submit all of the information required in the UDC Development Manual. Submission requirements for the Final Plat will be developed by the Director, and will include detailed engineering information necessary for the Director to render an informed decision. 1. A Final Plat is not considered filed for the purposes of §212.009 of the Texas Local Government Code until the application is complete. 2. When filed, the Final Plat must also provide all support documentation required by the County Clerk’s office for recordation. 3. A plat submitted for consideration as a Final Plat must have an area or signature block for any endorsement and approval by the City, as required to file the plat with the County Clerk. C. Approval Criteria A Final Plat shall be approved if it meets all of the criteria below. 1. The application is complete and the information contained within the application is correct and sufficient enough to allow adequate review and final action. 1. The Final Plat must be determined to be consistent with an approved Preliminary Plat. 2. The Final Plat must be consistent with any City-approved construction plans for any required or agreed improvements. 3. Any subdivision design and improvement standards adopted by the City pursuant to Texas Local Government Code §212.002 or Texas Local Government Code §212.044, governing plats and subdivision of land within the City’s jurisdiction to promote the health, safety, morals or general welfare of the City and the safe orderly, and healthful development of the City. 4. The tract of land subject to the application is adequately served by public improvements and infrastructure, including water and wastewater or will be adequately served upon completion by the applicant of required improvements. 5. All plats of property located two miles or less from the boundaries of the Georgetown Municipal Airport, shall include a plat note granting an avigation easement in the form required by the Development Manual. D. Responsibility for Final Action The Director is responsible for final action on all Final Plats, and shall ensure that they comply with the City-approved Preliminary Plat. E. Recordation If the Director has approved the Final Plat, the Development Engineer has approved the construction plans, the subdivider has either filed a “financial guarantee of performance” or Attachment number 4 \nPage 38 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 39 of 82 completed required construction of infrastructure and public improvements, and the Director’s signature appears on the Final Plat, then the Final Plat becomes the instrument to be recorded in the Office of the County Clerk. The subdivider shall pay the record filing fee. F. Expiration of Final Plat and Plans An approved Final Plat that has not been filed in the appropriate records of Williamson County within 18 months of its approval shall expire and be considered null and void. 3.08.080 Replat moved A property owner who proposes to re-divide any portion of a recorded Final Plat, without vacating any portion of the Final Plat, must obtain approval for a Replat under one of the following procedures prescribed for the resubdivision of land under these regulations and Texas Local Government Code Chapter 212, as amended. A Replat may not amend or remove any covenants or restrictions and is controlling over the preceding plat. A. Replat Qualifying as Amending Plat A Replat may be processed as an Amending Plat, pursuant to Texas Local Government Code §212.016, following the procedures set forth for such in Section 3.08.040 of this Chapter, if: 1. The Replat does not propose to increase the numbers of lots; 1. All lots covered by the Replat front on existing streets; 2. The Replat does not require or propose the creation of any new streets; and 3. The Replat does not require or propose the extension of municipal facilities. B. Replat Qualifying as Minor Plat A Replat may be processed administratively as a Minor Plat, pursuant to Texas Local Government Code §212.0065, following the procedures set forth for such in Section 3.08.040, if: 1. The Replat involves four or fewer lots; 1. All lots covered by the Replat front on existing streets; 2. The Replat does not require or propose the creation of any new streets; and 3. The Replat does not require or propose the extension of municipal facilities. C. All Other Replats 1. A Replat not otherwise qualifying for administrative approval, as outlined above, requires Public Hearing and final action by the Planning and Zoning Commission. 1. If, during the preceding five years, any of the area to be replatted was limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot or any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot, compliance with Texas Local Government Code §212.015, as outlined below, shall be required in addition to the requirements of Paragraph A above. c. Public Notice shall be published, in accordance with Section 3.03.010.B, no less than 15 days prior to the Public Hearing. Attachment number 4 \nPage 39 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 40 of 82 d. A notice of the Public Hearing shall be mailed, no less than 15 days prior to the Public Hearing, to all owners of lots that are within the original subdivision and located within 200 feet of the property to be replatted. 2. A Replat under this Section shall follow the application requirements set forth for Final Plats in Section 3.08.070.B. Section 3.09 Site Plan Review 3.09.010 Applicability A. An approved, valid Site Plan is required prior to the construction, expansion, or removal of any improvements to a property, as defined in Section 16.2 of this Code, within the City’s limits, except as follows:Prior to any land disturbance for the purpose of development within the City limits, and applicable sites subject to Chapter 14, an applicant must prepare a Site Plan and obtain approval under this Section. 1. Detached Single-family and Two-family development structures, accessory structures, and fences on individually, platted lots are exempt from this requirement. No other land disturbance or development shall be lawful or permitted to proceed without final Site Plan approval.; and 2. Agricultural buildings for the purposes of farming, ranching or sheltering of animals. B. All improvements reflected on approved Site Plans must be constructed at the time of development. All terms and conditions of Site Plan approval must be met at the time of development. C. The Site Plan may not be approved unless the lot on which the improvements are proposed is legally platted or the subject tract is determined to be exempt from the platting requirements of Section 3.08. D. Where site plan approval is required, no Building Permit approval shall be issued for any development of land until such property has received final site plan approval and is in conformity with the provision of this Code. E. The provisions of this Section relating to Site Plans are adopted in accordance with the Texas Local Government Code Chapter 211 and the City Charter. 3.09.020 Review Process Review of a Site Plan shall follow the procedures set forth in Section 3.03.040 for administrative review and shall be processed as follows:. A. Application Completeness 1. The applicant shall submit all of the information required in the UDC Development Manual as specified on the Site Plan application checklist. 2. The Director shall determine that a complete application has been submitted with all material necessary to review the Site Plan’s conformance with applicable criteria for approval. Attachment number 4 \nPage 40 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 41 of 82 B. Staff Review 1. The Director shall review the application, considering any applicable criteria for approval, and notify the applicant of any necessary corrections. 2. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statutes. 3. The Director may assign staff to review the application. C. Responsibility for Final Action The Director is responsible for final action on Site Plans. 3.09.030 Criteria for Approval A Site Plan shall be approved if it is in compliance with the following criteria: A. A complete application and fee have been submitted. B. The application and content of the application are consistent with the provisions of this Unified Development Code, the Comprehensive Plan, and any other applicable City regulations. C. The application and content of the application are consistent with the UDC Development Manual, City’s Construction Specifications and Standards Manual, this Code and any written interpretations of this Code. D. Compliance with any approved plat, Development Agreement or other agreement or ordinance governing the parcel of land to which the Site Plan is related. E. Compliance with any additional Site Plan approval criteria required for Overlay Districts or any Site Plan approval criteria adopted as part of a special area plan. F. Prior to final approval of any plan within the City Limits, the applicant must certify to the Drainage Engineer that all requirements for a Stormwater Permit are met by the Site Plan. Approval of the Site Plan constitutes approval of the Stormwater Permit. G. The Site Plan shall conform to standard engineering practices and must be sealed by a Professional Engineer licensed in the State of Texas, except as otherwise provided for in this Section. 3.09.040 Responsibility for Final ActionComponents of a Site Plan All Site Plans shall include the following components demonstrating compliance with the provisions of this Code and the UDC Development Manual, unless otherwise provided for within this Section:The Director of Planning and Development is responsible for final action on Site Plans. A. Cover Sheet; B. Dimensional Site Plan; C. Utility Plan; D. Architectural Plan; E. Tree Preservation Plan; F. Landscape Plan; Attachment number 4 \nPage 41 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 42 of 82 G. Lighting Plan; and H. Grading and Drainage Plan. 3.09.050 Site Plan Area of Development A Site Plan shall include the entire area within the legal boundaries of the tract for which it is proposed; however, the area included in a Site Plan may be reduced to reflect the actual area of development in the situations listed below. The new artificial boundary shall be the same used for all components of the Site Plan and shall be scaled such that all requirements applicable to the Site Plan can be met within that boundary. A. The area of development is part of a much larger tract whereby the area encompasses less than 50% of the total tract; B. The proposed improvements are part of a larger campus where the areas are designed to function relatively independent of each other; C. The excluded area is to remain undeveloped and in its natural state; D. The improvements are proposed to be added to an existing site, provided: 1. No improvements are proposed to the excluded area; 2. Review of the excluded area is not necessary for review of the area of development; 3. The improvements proposed within the area of development are not dependent on improvements located within the excluded area; and 4. No retrofitting of existing site improvements is required pursuant to the provisions applicable to the expansion of a nonconforming structure or site in Chapter 14; and E. Other similar circumstances as determined by the Director. 3.09.060 Site Plan Phasing When development is proposed for a larger site with multiple buildings, an applicant may choose to partition the site and construct the improvements in a series of phases as follows: A. The Site Plan submittal shall include a Phasing Plan indicating the boundaries of each phase and the order of construction of associated site improvements. B. No Phasing Plan shall propose more than 5 phases or exceed a period of 10 years. The Director may approve phasing in excess of this number if the applicant can provide justification for such. C. The proposed order of phasing shall follow a logical progression and, in the event subsequent phases are not built, must meet the minimum requirements of this Code, including, but not limited to, parking, landscaping, tree mitigation, fire access and stormwater management. D. Changes to a Phasing Plan shall meet the requirements of this Section and follow the procedures established for revisions of Site Plans. 3.09.070 Minor Site Plan Where the scope of required or proposed site improvements is limited, as herein defined, a Minor Site Plan review process may be utilized subject to the provisions below. Attachment number 4 \nPage 42 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 43 of 82 A. Determination of Minor Site Plan Review 1. A Minor Site Plan submittal may be considered when the extent, type or size of the site improvements is so minimal that review of all standard Site Plan components, as identified in Section 3.09.040, is not necessary, as determined by the Director. Typical situations qualifying for Minor Site Plan review may include, but not be limited to, improvements required by Chapter 14 due to a change in use, a small addition to a building over existing impervious coverage, installing parking lot striping on an existing unmarked parking lot, or replacement of a site’s existing landscaping. 2. A Minor Site Plan review shall not be utilized when: a. Site improvements are proposed to a property where no development has otherwise occurred, except in unique situations as determined by the Director; b. The proposed project requires preparation of a Traffic Impact Analysis (TIA); c. The proposed project requires preparation of a stormwater drainage study, although some drainage information may be reviewed as part of a Minor Site Plan; d. Impervious coverage in excess of 1,500 square feet is proposed; e. A building addition in excess of 500 square feet is proposed; f. The intended project requires or proposes more than 4 parking spaces; or g. Similar situations are proposed as determined by the Director. B. Components of a Minor Site Plan The components required with a Minor Site Plan application shall be those determined by the Director to be applicable to the particular situation and necessary to verify the conformance of the proposed site improvements with the provisions of this Code. The Director may determine an engineer is not required to prepare the plans under the Minor Site Plan provisions if the proposed improvements do not warrant such. 3.09.050080 Changes and Continuation ofRevisions to Approved Site Plans Any modifications to an approved Site Plan must be resubmitted to the Director for consideration as follows: A.Site Plan Approved Under the Unified Development Code The applicant shall be required to submit a plan of the revised area, meeting all requirements of this Code. The Director shall review the application in accordance with Section 3.09.030. B.Site Plans Approved Under Prior Ordinances 1.The applicant shall be permitted to continue with development consistent with the Site Plan approved prior to the effective date of this Code. If the applicant has not applied for a Building Permit within 12 months of the approved phasing plan date, all prior approvals will become void for any undeveloped areas. In that event, for any further development the applicant must submit a Site Plan that meets the standards of this UDC, the Comprehensive Plan, City’s Construction Specifications and Standards Manual, and any other applicable City regulations. 2.The Director shall review the application in accordance with Section 3.09.030. Attachment number 4 \nPage 43 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 44 of 82 C.Criteria for Minor Site Plan Revisions 1. Minor revisions and / or modifications which require changes to an approved Site Plan may be approved by the Director. For the purposes of this subsection “minor” modifications are those which do not substantially change the design or nature of the original Site Plan and have no significant adverse impact upon neighboring properties, the public or persons who will occupy or use the proposed development may be processed as a Site Plan Amendment. An application for Site Plan Amendment following the requirements of the UDC Development ManualA written request shall be made submitted to the Director Planning Department which clearly identifies identifying the requested revisions and / or modifications. Any changes approved by the Director shall be shown on the revised siteSite Plan. 2. The Director may determine a correction or a modification is so minuscule or insignificant that it does not warrant review of a Site Plan Amendment and cause the change to be directly updated and included in the original file. 2.3. All other revisions and / or modifications not defined as “minor” shall be processed as a new application. Approval of a modified Site Plan, processed as a new application, shall void the previously approved Site Plan. 3.09.060 Expiration A. A Site Plan shall expire 24 months after the date that the Site Plan was approved, unless: 1. A complete Building Permit application has been submitted approved or, if no Building Permit is required, a Certificate of Occupancy has been issued. 2. In case of projects where more than one building or phase is to be built, the applicant may submit a series of Building Permit applications. The first application must be submitted approved within 24 months from the date Site Plan approval is granted. Each subsequent application must be submitted approved within 24 months from the date of issuance of a Certificate of Occupancy, conditional or otherwise, by the Building Official for the previous phase of the development. 3. Except as provided for within this Section, aA lapse of a period greater than the periodsthose set forth above causes the related approvals or permits to expire and be of no further force and effect. Any further action shall require a new application and approval. B. Site Plan Extension Prior to expiration of an approved Site Plan, an applicant may request a one-time extension of the Site Plan approval for a period of 24 months if the Director determines such extension will have no negative impacts on the surrounding area and would not be contrary to the public interest. A request for Site Plan extension shall follow the procedures set forth for such in the UDC Development Manual. C. Site Plan Reinstatement In the event a Site Plan approval expires, an applicant may seek a one-time reinstatement of the approved Site Plan, without modification, subject to the provisions below. Such reinstatement may be granted by the Director for a period not to exceed 24 months. A request for Site Plan reinstatement shall follow the procedures set forth for such in the UDC Development Manual. Attachment number 4 \nPage 44 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 45 of 82 1. The reinstatement must be requested within 24 months of the expiration date of the approved Site Plan. 2. The regulations applicable to the project per the Code currently in effect may not be determined to be significantly different from those applied to the original approval of the Site Plan, such that a new application for the same plan would be substantially the same. 3. The circumstances of the adjacent properties, roadways and subject property shall have remained the same, so as to not change the requirements applicable to the property. Such circumstances could include, but not be limited to, a change of zoning in the subject or adjacent properties, a change in the boundary of the subject property, a change in classification of the adjacent roadway or neighboring construction affecting landscape buffers. D. The Director shall have the authority to determine if a Site Plan Extension or Reinstatement meets the criteria for processing and approval. 3.09.070 Site Related Construction Plans Where a Site Plan entails site construction, Construction Plans shall be required and must be approved by the Development Engineer prior to any site construction. The plans shall be submitted for all existing and proposed private and public parking, driveways, sidewalks, drainage, and utility improvements. Review of site related Construction Plans shall follow the procedure set forth in Section 3.03.040. The site related Construction Plans may be included as part of the Site Plan, subject to the requirements in the Development Manual. A. Site related Construction Plans must be consistent with the approved site plan. B. For all public improvements the plans shall conform to the City’s Construction Specifications and Standards Manual and this Code. C. For all private improvements, the plans shall conform to standard engineering practices and must be sealed by a Professional Engineer licensed in the state of Texas. D. The materials, embedment, and testing of all private main utility lines 6 inches and above in diameter shall meet the requirements of the City’s Construction Specifications and Standards Manual and/or the approved City Building Codes. E. The site construction plans shall meet the requirements of the City Drainage Manual. Section 3.10 Letters of Regulatory Compliance 3.10.010 Applicability A Letter of Regulatory Compliance may, as defined in 3.10.020 A and B, may be obtained upon written request as outlined in the Development Manual. 3.10.020 Types of Letters of Regulatory Compliance A. Zoning Verification Letter A Zoning Verification Letter is a letter that indicates to a property owner that a specified use, clearly identified in the application, is permitted within the Zoning District. A Zoning Verification Letter does not authorize the property owner to proceed with a development; does not specify Attachment number 4 \nPage 45 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 46 of 82 requirements that must be met for future development; and does not include a determination that a tract of land may be developed. B. Legal Lot Verification Letter A Legal Lot Verification Letter is a letter to determine that a lot is platted or determined to be a legal lot. An application may be made requesting the Director, or their designee, to provide a determination of the legal platting status of a tract of land. The determination shall be provided in written format in compliance with Local Government Code Subsection 212.0115. The Director shall determine the following: 1. Whether a plat is required under this Chapter for the tract of land; and 2. If a plat is required, whether it has been prepared and whether it has been reviewed and approved by the appropriate approving body. Section 3.11 Temporary Use Permit 3.11.010 Applicability The following temporary uses may not be commenced until the applicant obtains a Temporary Use Permit from the Building Official. The permit specifies the specific use, the period of time for which it is approved, and any special conditions attached to the approval. The provisions of this Section relating to Temporary Use Permits are adopted in accordance with the Texas Local Government Code Chapter 211 and the City Charter. The following uses may be permitted, subject to the issuance of a temporary use permit: A. Pumpkins, Christmas trees, and other seasonal product sales. No permit shall be required for such uses operated as part of a school or place of worship. B. Sales Offices and Model Homes, pursuant to the standards set forth in Section 5.08.020. C. Temporary Parking Lots, pursuant to the standards set forth in Section 5.08.020. D. Business offices or sales facilities where construction of a permanent facility is being diligently completed, pursuant to the standards set forth in Section 5.08.020. E. Construction field offices, pursuant to the standards set forth in Section 5.08.020. F. Private farmer’s markets, pursuant to the standards set forth in Section 5.08.020. G. Temporary manufacturing of concrete products, pursuant to the standards set forth in Section 5.08.020. H. Mobile or outdoor food vendor, pursuant to City Code Section 8.12. I. Offsite construction staging, pursuant to the standards set forth in Section 5.08.020 J. Portable classrooms, pursuant to the standards set forth in Section 5.08.020. K. Temporary storage facility located on a property affected by a natural disaster, pursuant to the standards set forth in Section 5.08.020. K.L. Noise Permits, pursuant to City Code Section 8.16.050. Attachment number 4 \nPage 46 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 47 of 82 L.M. Similar temporary uses which, in the opinion of the Director, are compatible with the district and surrounding land uses. 3.11.020 Review Process Review of a Temporary Use Application shall follow the procedure set forth in Section 3.03.040. 3.11.030 Approval Criteria In addition to the general criteria for consideration of administrative procedures in 3.03.040.D.1, the Director shall consider whether the application complies with the following standards: A. Land Use Compatibility The temporary use must be compatible with the purpose and intent of this Unified Development Code and the Zoning District in which it will be located. The temporary use shall not impair the normal, safe, and effective operation of a permanent use on the same site. The temporary use shall not endanger or be materially detrimental to the public health, safety, or welfare or injurious to property or improvements in the immediate vicinity of the temporary use, given the nature of the activity, its location on the site, and its relationship to parking and access points. B. Compliance with Other Regulations A Building Permit or temporary Certificate of Occupancy may be required, as determined by the Building Official, before any structure used in conjunction with the temporary use is constructed or modified. All structures and the site as a whole shall meet all applicable building Building Code, Zoning District, and Fire Code standards as well as any provisions of this Code for such temporary use.and shall be promptly removed upon the cessation of the use or event. Upon cessation of the temporary event or use, any structures associated with the temporary use shall be promptly removed and the site shall be returned to its previous condition (including the removal of all trash, debris, signage or other evidence of the temporary use). C. Duration The duration of the Temporary Use shall be established by the Building Official at the time of approval of the Temporary Use Permit, pursuant to any provisions of Chapter 5 applicable to the temporary use. In the event no time limit is established, the Building Official shall set the time limit of the Temporary Use Permit, but in no case shall the duration shall be a period not to exceed 90 days. D. Traffic Circulation The temporary use shall not cause undue traffic congestion or accident potential, as determined by the Development Engineer, given anticipated attendance and the design of adjacent streets, intersections, and traffic controls. E. Off-Street Parking Off-street parking shall be provided in accordance with Table 9.02.030.A for the temporary use, and it shall not create a parking shortage for any of the other existing uses on the site. F. Public Conveniences and Litter Control Adequate on-site rest room facilities may be required. Adequate on-site solid waste containers may also be required. The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the City. Attachment number 4 \nPage 47 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 48 of 82 G. Appearance and Nuisances The temporary use shall be compatible in intensity, appearance, and operation with surrounding land uses in the area, and it shall not unduly impair the usefulness, enjoyment, or value of adjacent property due to the generation of excessive noise, dust, smoke, glare, spillover lighting or other forms of environmental or visual pollution. H. Signs The Building Official shall review all signage in conjunction with the issuance of the permit. Such signage shall be in accordance with the requirements of this Code. I. Other Conditions The Building Official may establish any additional conditions deemed necessary to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited to, restrictions on hours of operation, temporary arrangements for parking and traffic circulation, requirements for screening/buffering, and guarantees for site restoration and cleanup following the temporary use. J. Revocation The Building Official may revoke a Temporary Use Permit if it is determined that: 1. The applicant has misrepresented any material fact on his or her application or supporting materials. 2. The temporary use fails or ceases to comply with applicable standards or criteria for issuance of a permit. 3. The operation of the temporary use violates any statute, law ordinance, or regulation. 4. The operation of the temporary use constitutes a nuisance or poses a real or potential threat to the health, safety, or welfare of the public. 3.11.040 Responsibility for Final Action The Building Official is responsible for final action on all Temporary Use Permits. Section 3.12 Master Sign Plan 3.12.010 Applicability A Master Sign Plan shall be required for all multiple-tenant buildings, Planned Unit Developments, and all multi-building or multi-occupant commercial developments before any signs for such development may be erected on the property. All owners, tenants, subtenants, and purchasers of individual units within the development shall comply with the approved Master Sign Plan. 3.12.020 Review Process Review of a Master Sign Plan shall follow the procedure set forth in Section 3.03.040. 3.12.030 Criteria for Approval In addition to the general administrative review criteria in Section 3.03.040.D, the Building Official must determine the following in order to approve the Master Sign Plan: Attachment number 4 \nPage 48 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 49 of 82 A. The plan provides that signs of a similar type and function within the development will have a consistent building material. B. The plan provides for signs that meet the size limitations, location requirements, and other applicable requirements of this Unified Development Code. 3.12.040 Responsibility for Final Action The Building Official is responsible for final action on Master Sign Plans. A sign permit shall also be required in accordance with Section 3.18. 3.12.050 Expiration A Master Sign Plan shall expire 12 24 months after the date that the Master Sign Plan was approved unless: A. A complete Building Permit application has been submitted approved or, if no Building Permit is required, a Certificate of Occupancy, or equivalent, has been issued. B. In case of projects where more than one building or phase is to be built, the applicant may submit a series of Building Permit applications. The first application must be submitted approved within 12 months from the date Site Plan approval is granted. Each subsequent application must be submitted within 12 24 months from the date of issuance of a Certificate of Occupancy by the Building Official for the previous phase of the development. Section 3.13 Certificate of Design Compliance 3.13.010 Applicability A. Pursuant to the authority granted to the City by Texas Local Government Code Chapter 211 and the City Charter, a Certificate of Design Compliance is required in the following circumstances before the commencement of development within or work upon any building or structure located within designated areas of the City: 1. Non Single-family and Non Two-family Residential Structures a. Whenever such work or development to a non Single-family or non Two-family residential structure requires Site Plan review or any other permit or approval issued under this Chapter; or b. Whenever such work to a non Single-family or non Two-family residential structure includes the erection, moving, demolition, reconstruction, restoration or alteration of the exterior of any structure or site, except when such work satisfies all the requirements of ordinary maintenance and repair as defined in Section 16.02, Definitions. 2. Single-family and Two-family Residential Structures a. Whenever an addition is proposed to the front faćade of an existing Single-family or Two- family residential structure; or b. Whenever construction of a new Single-family or Two-family residential structure or an addition to an existing residential structure is proposed that will exceed the height limitation or setback standards in Section 4.08.020.B of this UDC; or Attachment number 4 \nPage 49 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 50 of 82 c. Whenever construction of a new Single-family or Two-family residential structure or an addition to an existing Single-family or Two-family residential structure is proposed that, either alone or in combination with the existing structure, will exceed the maximum floor- to-area-ratio (FAR) ratio allowed per Section 4.08.020.B of this UDC. B. A Certificate of Design Compliance is required for development within the following areas of the City: 1. Any development within the Historic Overlay District; 2. Any development within The the Downtown Overlay District 3. The Old Town Overlay District rResidential, commercial or vacant properties used as or changing to a commercial use within the Old Town Overlay District; 4. Demolition or relocation of Any any building or structure on the List of Priority ; orStructures proposed for demolition or relocation. 5. Any addition or new construction in the Old Town Overlay District requiring Certificate of Design Compliance approval pursuant to Section 4.09.030.B. C. No Building Permit shall be issued by the Building Official for any structure or site located within a Historic Overlay District or other applicable Overlay District until the application for such permit has been reviewed by the Historic and Architectural Review Commission and a Certificate of Design Compliance has been approved by the HARC. D. Certificate of Design Compliance for Demolition 1. No building or structure within the Downtown Overlay District, Old Town Overlay District or any other Historic Overlay District or on the List of Priority Structures shall be demolished or relocated unless such demolition or relocation is approved by the Historic and Architectural Review Commission and a Certificate of Design Compliance for such demolition has been granted. However, this authority shall not supersede the Building Official’s authority under Chapter 15.40, “Dangerous Building Ordinance,” of the Georgetown Municipal Code. 2. Demolition or Relocation Delay Period for CDC Issuance If HARC does not approve the CDC for a demolition or relocation request at the initial Hearing then the delay process noted below will come into play: a. Demolition or relocation of a Low, Medium or High priority structure requires a delay period prior to the issuance of a Certificate of Design Compliance (CDC) as follows: i. Low priority structures shall require a delay period of up to 175 days; ii. Medium or High priority structures shall require a delay period of up to 365 days; and iii. Properties involved in a Demolition by Neglect case will automatically receive a 365-day delay period, see Sections 4.08.010.F, 4.09.020.F and 4.10.010.G for the Demolition by Neglect regulations. b. This delay period shall be initiated from the date of the public hearing to allow for an attempt to find an alternative to demolition or relocation of the structure. Attachment number 4 \nPage 50 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 51 of 82 c. During this time period, the applicant shall be required to address the criteria listed in Section 3.13.050 below. d. The case shall be placed on the first HARC agenda, for another public hearing with required notice, which falls after either the delay period or earlier upon the completion of the criteria in Section 3.13.050, for Final Action on the application for CDC. If the applicant has failed to comply with Section 3.13.050, the CDC will be denied. e. If no alternative to demolition or relocation has been found and the applicant has complied with Section 3.13.050, a Certificate of Design Compliance for demolition or relocation shall be issued by the HARC. 3. If a structure is demolished or relocated without CDC approval by HARC, no additional HARC approval or building permit may be issued for the property for a period of 365 days. Any person who removes a structure, accidentally or otherwise, in violation of this Chapter and without CDC approval shall be required to pay a civil penalty in the amount of $5,000 for each structure removed. 4. A property owner may make a request to HARC to reduce the 365-day wait period for a building permit as specified in Section 3.13.010.D.3 above based on the following: a. The 365-day delay places an undue hardship on the property owner. b. Only a portion of the structure was demolished. c. The structure demolished was not historic. d. The remaining portions of the structure need to be secured or strengthened to protect it from further deterioration. e. Construction work is required to make the structure habitable. 5. To approve a reduction in the 365-day waiting period for the issuance of a building permit, HARC must determine that the demolition has limited impact on the remaining historic significance of the property, and that the reduced waiting period is appropriate based on either health, safety, and welfare or that to continue with the delay would place an undue hardship on either the property or property owner. E. Definitions Definitions are those in the Design Guidelines for the Downtown Overlay District and in the Historic Resources Survey of Georgetown, Texas. High Priority. Any structure designated a high priority in the Historic Resources Survey of Georgetown, Texas by Hardy, Heck & Moore, 1984 as amended from time to time by the Preservation Officer to reflect an updating of the List. Medium Priority. Any structure designated a medium priority in the Historic Resources Survey of Georgetown, Texas by Hardy, Heck & Moore, 1984 as amended from time to time by the Preservation Officer to reflect an updating of the List. Low Priority. Any structure designated a low priority in the Historic Resources Survey of Georgetown, Texas by Hardy, Heck & Moore, 1984 as amended from time to time by the Preservation Officer to reflect an updating of the List. Attachment number 4 \nPage 51 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 52 of 82 List of Priority Structures. Any structure listed in the Historic Resources Survey of Georgetown, Texas by Hardy, Heck & Moore, 1984 as amended from time to time by the Preservation Officer to reflect an updating of the List. F. Database of Priority Structures A database of the addresses of the high, medium, and low priority structures shall be maintained by the Planning and Development Department. The Preservation Officer shall be notified by the Inspection Services personnel of a request for demolition or relocation permit based on the Historic Database and shall place the item on the first available HARC agenda. No permit shall be issued until an application for a Certificate of Design Compliance is approved by HARC. 3.13.020 Review Process A. Initiation Initiation of a Certificate of Design Compliance may be made upon application by the property owner of the affected property or their authorized agent. B. Pre-application Conceptual Review for Major Projects Projects that involve infill construction or the substantial rehabilitation of an existing structure shall be required to submit preliminary information to the Historic and Architectural Review Commission and to appear at the regularly scheduled meeting for conceptual review prior to making an official application. Materials for the conceptual review will be submitted to the Director at least seven days before the regularly scheduled meeting so that it can be included in the packets distributed to the Commission. C. Application Application must be made in a format consistent with requirements determined by the Director. Applications must include all materials determined necessary by the Director. Format requirements and materials required for the application shall be made available by the Director in advance of any application. D. Application for Demolition or Relocation 1. Justification Statement The applicant shall provide a written statement showing the demolition or relocation is sought for one or more of the following reasons: a. To replace the structure with a new structure that is more appropriate and compatible with the historic overlay district. b. No economically viable use of the property exists. c. The structure poses an imminent threat to public health or safety. d. The structure is noncontributing to the historic overlay district and is not historically significant. e. Other special circumstances, as described and justified by the applicant. 2. Application Requirements: a. To replace the structure with a new structure that is more appropriate and compatible with the historic overlay district, the following information may be required: Attachment number 4 \nPage 52 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 53 of 82 i. Drawings, photographs or written descriptions depicting the original construction of the structure. ii. Drawings, photographs or written descriptions depicting the current condition of the structure. iii. Any conditions the applicant requesting demolition is voluntarily placing on the new structure to mitigate the loss of the current structure. iv. Drawings of the new structure by a licensed architect. v. A guarantee agreement between the owner and the City that demonstrates the owner’s intent and financial ability to construct the new structure. The guarantee agreement must: (a) Contain a covenant to construct the proposed structure by a specific date in accordance with architectural drawings approved by the City through the Certificate of Design Compliance process; (b) Require the owner or construction contractor to post a performance and payment bond, letter of credit, escrow agreement, cash deposit, or other arrangement acceptable to the Director to ensure construction of the new structure; and (c) Be approved as to form by the City Attorney. (d) If the project subject to the performance and payment bond, letter of credit, etc. as noted in Section (2) above is not constructed within the time limit of the financial security, the funds from the security shall be taken by the City and placed in a Preservation Fund. These funds that shall be used for preservation purposes and activities such as acquiring historic properties proposed for demolition, paying for restoration and other studies for applicants with financial hardships, and other efforts to further preservation. vi. Approval of a Certificate of Design Compliance for the proposed new structure, if applicable. b. If no economically viable use of the property, the following information may be required: i.vii. The past and current uses of the structure and property. ii.viii. Drawings, photographs, or written descriptions depicting the current condition of the structure. iii.ix. Drawings, photographs, or written descriptions depicting the original construction of the structure. iv.x. Any conditions the applicant requesting demolition is voluntarily placing on the new structure to mitigate the loss of the current structure. v.xi. The date and price of purchase or other acquisition of the structure and property. vi.xii. The assessed value of the structure and property according to the two most recent tax assessments. vii.xiii. The amount of real estate taxes on the structure and property for the previous two years. Attachment number 4 \nPage 53 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 54 of 82 viii.xiv. The current fair market value of the structure and property as determined by an independent licensed appraiser. ix.xv. All appraisals obtained by the owner and prospective purchasers within the previous two years in connection with the potential or actual purchase, financing or ownership of the structure or property. x.xvi. All listings of the structure and property for sale or rent within the previous two years, prices asked, and offers received. xi.xvii. A profit and loss statement for the property and structure containing the annual gross income for the previous two years and itemized expenses (including operating and maintenance costs) for the previous two years. xii.xviii. All capital expenditures during the current ownership. xiii.xix. A restoration study of the structure, including the following: (a) An inspection by a licensed home inspector, who shall provide a written report access assessing the condition of the structure; and (b) A feasibility study performed by a licensed architect or engineer. This study should analyze the feasibility – structurally and financially – of restoration and/or adaptive reuse of the structure. xiv.xx. The applicant explains how the following economically viable alternatives available to the demolition have been addressed, including: (a) Donation of a part of the value of the subject structure or site to a public or nonprofit agency, including the conveyance of development rights and façade easement. (b) The potential of the subject structure or site for rezoning in an effort to render such property more compatible with the physical potential of the structure. c. To demolish or remove a structure that poses an imminent threat to public health or safety, the following may be required: i. Drawings, photographs, or written descriptions of the current condition of the structure. ii. A study performed regarding the nature, imminence, and severity of the threat, performed by a licensed architect or engineer. iii. A restoration study of the structure, including the following: (a) An inspection by a licensed home inspector, who shall provide a written report access assessing the condition of the structure; and (b) A feasibility study performed by a licensed architect or engineer. This study should analyze the feasibility – structurally and financially – of restoration and/or adaptive reuse of the structure. iv. Any other information requested by the Building Official to determine the condition of the property. d. To demolish or remove a structure that is noncontributing to the historic overlay district; the following may be required: i. Documentation that the structure is noncontributing to the historic overlay district. Attachment number 4 \nPage 54 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 55 of 82 ii. Documentation of the age of the structure. iii. A statement of the purpose of the demolition. e. To demolish or remove a structure based on other special circumstances, the following may be required: i. Drawings, photographs, or written descriptions depicting the original construction of the structure. ii. Drawings, photographs, or written descriptions depicting the current condition of the structure. iii. Any conditions the applicant requesting demolition is voluntarily placing on the new structure or property to mitigate the loss of the current structure. iv. A restoration study of the structure, including the following: (a) An inspection by a licensed home inspector, who shall provide a written report access assessing the condition of the structure; and (b) A feasibility study performed by a licensed architect or engineer. This study should analyze the feasibility – structurally and financially – of restoration and/or adaptive reuse of the structure. v. Drawings of the new structure by a licensed architect, if applicable. vi. If a new structure is proposed, a guarantee agreement between the owner and the City that demonstrates the owner’s intent and financial ability to construct the new structure. The guarantee agreement must: (a) Contain a covenant to construct the proposed structure by a specific date in accordance with architectural drawings approved by the City through the Certificate of Design Compliance process; (b) Require the owner or construction contractor to post a performance and payment bond, letter of credit, escrow agreement, cash deposit or other arrangement acceptable to the Director to ensure construction of the new structure; and (c) Be approved as to form by the City Attorney. vii. Approval of a Certificate of Design Compliance for the proposed new structure, if applicable. 3. Site Plan The applicant must provide a post demolition site plan addressing what will be developed on the site after the demolition or relocation and provide verification that they are financially able to complete the development. 4. Relocation in Historic District If the structure is moved to a site within the historic district: a. Assess the architectural compatibility of the relocated structure with adjacent buildings according to the guidelines for new construction. b. Review the proposed siting, setback, landscaping, and other site-specific treatments according to pertinent guidelines. Attachment number 4 \nPage 55 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 56 of 82 c. Ensure that the relocation will not damage existing historic buildings or the character of the district. d. Receive HARC approval of the CDC for the new location, if required. 5. Other Evidence Requested Any other evidence the HARC, City Council, or Director requests. 6. Other Applicant Information Any other evidence the property owner wishes to submit. 7. Homeowners When a resident homeowner is unable to meet the requirements set forth in this Section due to a financial hardship, then HARC, at its own discretion, may waive some or all of the required information and/or request substitute information that a resident homeowner may obtain without incurring costs. If HARC cannot make a determination based on information submitted and an appraisal has not been provided, then HARC may request an appraisal be made by the City. 8. Standing Subcommittee for Submission Requirements HARC shall appoint a standing Subcommittee to meet with staff and applicants for proposed demolitions to determine the submission requirements. These meetings shall take place as part of the City’s typical Pre-Application meeting process. Staff will advise the Subcommittee of any scheduled meetings related to demolition or relocation requests; however, if the Subcommittee is not present at the meeting, staff has the authority to determine the submission requirements. E. Completeness Determination Upon submission of an application, the Director shall determine whether the application is complete, as described in Section 3.02.040. F. Staff Review Once a Certificate of Design Compliance has been initiated and the application deemed complete, the Director shall review the application for consistency with any applicable criteria for approval. 1. Administrative Determination The following applications will be reviewed administratively: a. Landscaping; b. Residential fences; c. Exterior Paint Colors – Residential properties in the Downtown Overlay; and, d. Demolition of a non-historic accessory structure. 2. Exterior Signage A Certificate of Design Compliance for exterior signage shall be reviewed by a standing Subcommittee appointed by the Historic and Architectural Review Commission for this purpose. This Subcommittee may approve the Certificate if it determines that the application is consistent with the design guidelines. This does not preclude the submission of any Certificate of Design Compliance application to the full commission for review if the Subcommittee believes that such a review is warranted. Attachment number 4 \nPage 56 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 57 of 82 3. General Criteria a. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statutes. b. The Director may assign staff or consultant to review the application and make a preliminary report to the Director. c. The Director’s report may include a recommendation for final action. G. Economic Review Panel HARC shall approve an ad hoc three-person economic review panel, whose task is to review the financial portions of applications of no economically viable use of the property. The review panel shall consist of three persons knowledgeable in the local real estate economy, renovation, and redevelopment. 1. Restrictions on Review Panel The review panel may not be: a. A person with financial or personal interest in the property. b. An employee of the applicant. c. A City employee. d. A member of HARC. 2. Selection of Review Panel The economic review panel must consist of: a. One person appointed by the City Council upon recommendation of the HARC, and b. One person selected by the property owner, and c. One person shall be selected by the first two appointees. If the first two appointees cannot agree on a third appointee within 10 days of receipt of the application by the Director or designee, then the Director will select the third appointee with preference given to a representative of the Texas Historical Commission. 3. Economic Review Panel Hearing Within 45 days of appointment, the economic review panel shall review the application, hold a hearing and forward its recommendation on to HARC. 3.13.030 Criteria for Approval - General The HARC shall determine whether to grant a Certificate of Design Compliance based on the following criteria: A. The application is complete and the information contained within the application is correct and sufficient enough to allow adequate review and final action. B. Compliance with any design standards of this Unified Development Code. C. Compliance with the adopted Downtown Design Guidelines, as may be amended from time to time, specific to the applicable Historic or Overlay District. D. The integrity of an individual historic structure is preserved. Attachment number 4 \nPage 57 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 58 of 82 E. New buildings or additions are designed to be compatible with surrounding historic properties. F. The overall character of the Historic or applicable Overlay District is protected. G. Signs that are out of keeping with the adopted design standards, and are not in character with the site or landmarks within the Historic or applicable Overlay District in question will not be permitted. H. The following may also be considered by the HARC when determining whether to approve a Certificate for Design Compliance: 1. The effect of the proposed change upon the general historic, cultural, and architectural nature of the site, landmark, or District. 2. The appropriateness of exterior architectural features, including parking and loading spaces, which can be seen from a public street, alley, or walkway. 3. The general design, arrangement, texture, material, and color of the building or structure and the relation of such factors to similar features of buildings or structures in the District, contrast or other relation of such factors to other landmarks built at or during the same period, as well as the uniqueness of such features, considering the remaining examples of architectural, historical, and cultural values. 3.13.040 Supplemental Criteria - Demolition or Relocation Approval In determining whether to issue a Certificate of Design Compliance for demolition or relocation, HARC, and, on appeal to City Council, shall consider the following criteria, in addition to the criteria specified above. A. The uniqueness of the structure as a representative type of style of architecture, historic association, or other element of the original designation criteria applicable to such structure or tract. B. The condition of the structure from the standpoint of structural integrity and the extent of work necessary to stabilize the structure. C. Status of the structure under Chapter 15 of the Georgetown City Code containing Building Safety Standards and rules governing Dangerous Buildings. D. The HARC shall deny the application for demolition or removal unless it makes the following findings: 1. For a request to replace a structure with a new structure, it finds: a. The new structure is more appropriate and compatible with the historic overlay district than the structure to be demolished or relocated. b. The owner has the financial ability and intent to build the new structure. HARC must first approve the CDC, if required, for the new structure before it may consider the request for demolition or removal. 2. For a request to remove or demolish a structure that has no economically viable use, unless it finds: Attachment number 4 \nPage 58 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 59 of 82 a. The structure is incapable of earning a reasonable economic return unless the demolition or removal is allowed. A reasonable economic return does not have to be the most profitable return possible. b. The structure cannot be adapted for any other use, which would result in a reasonable economic return. c. The owner has failed during the last two years to find a developer, financier, tenant, or purchaser that would enable the owner to realize a reasonable economic return, despite reasonable efforts to do so. d. HARC shall also consider the economically viable alternatives available to the demolition applicant, including: i. Donation of a part of the value of the subject structure or site to a public or nonprofit agency, including the conveyance of development rights and façade easement. ii. The possibility of sale of the structure or site or any part thereof, to a prospective purchaser capable of preserving such structure or site. iii. The potential of such structure or site for renovation and its potential for continuing use. iv. The potential of the subject structure or site for rezoning in an effort to render such property more compatible with the physical potential of the structure. The ability of the subject structure or site to produce a reasonable economic return on investment for its owner, provided however, that it is specifically intended that this factor shall not have exclusive control and effect, but shall be considered along with all other criteria contained in this Section. 3. For a request to demolish or remove a structure that poses an imminent threat to public health or safety, unless it finds: a. The structure is a documented major and imminent threat to public health and safety. b. The demolition or removal is required to alleviate the threat to public health and safety. c. There is no reasonable way, other than demolition or removal, to eliminate the threat in a timely manner. 4. For a request to demolish or remove a structure that is noncontributing to the historic overlay district, unless it finds that: a. The current structure is noncontributing to the historic overlay district. b. The structure is newer than the period of significance for the historic overlay district and is not historically significant. c. Demolition of the structure will not adversely affect the historic character of the property or the integrity of the historic overlay district. 5. For a request to demolish, replace, or relocate a structure for special circumstances, it finds: a. The new structure is more appropriate and compatible with the historic ovelay district than the structure to be demolished or relocated. Attachment number 4 \nPage 59 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 60 of 82 b. The owner has the financial ability and intent to build the new structure. HARC must first approve the CDC, if required, for the new structure before it may consider the request for demolition or removal. 3.13.050 Criteria for Delayed Demolitions or Removals If a CDC has been delayed pursuant to Section 3.13.010.D.2, the applicant shall address each of the following criteria for HARC consideration prior to returning to the HARC for CDC approval, if the information has not been previously submitted: A. If the applicant has not already provided the information, they shall provide professional documentation regarding the condition of the structure from the standpoint of structural integrity and the extent of work necessary to stabilize the structure, including a financial summary. B. If the applicant has not already provided the information, they must provide a site plan addressing what will be developed on the site after the demolition or removal and provide verification that they are financially able to complete the development. C. The applicant must attend a meeting and an additional site walkthrough with the Preservation Officer and at least one designated Historic Commissioner within three months after the start of the delay period. D. The applicant shall be required to provide proof that there was public notification (online and/or newspaper listing) offering the donation or the sale of the structure or materials no later than 30 days into the delay period. The notification format must be approved by the Director prior to such notice being placed. E. The applicant shall provide proof that any state or federal demolition requirements have been met, if applicable (state or nationally registered structures), prior to the end of the delay period. F. HARC may require additional conditions be met during the delay period 3.13.060 HARC Final Action A. The HARC shall review the application, the Director’s report, conduct a Hearing in accordance with the HARC’s established procedures and state law, and take final action on the application within 45 days of the application Hearing unless the applicant agrees to extend the time. B. For applications to request demolition or relocation of a structure because no economically viable use of the property exists, HARC shall hold a public hearing within 45 days of the date the Director receives the completed application. The purpose of this public hearing is to select the HARC’s appointee to the economic review panel. The proposed appointee shall be forwarded to City Council at their next available meeting for confirmation. If the Council does not agree with the selected appointee, it shall designate the panel representative for HARC. C. HARC shall hold a public hearing within 45 days of the hearing held by the economic review panel, and approve or deny the request for demolition because of no economically viable use of the property exists. D. An application before the HARC shall be considered approved by a majority vote of all members of the HARC. Attachment number 4 \nPage 60 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 61 of 82 3.13.070 After Approval of a Demolition or Relocation A. Once a CDC for demolition has been approved the following shall be required: 1. A permanent record of a significant structure before demolition. The record shall consist of black and white photographs and other documents, such as drawings, that describe the architectural character and the special features of the building. As part of the demolition approval process, HARC determines on a case-by-case basis the precise documentation of a specific building that is required and the person who is responsible for producing that documentation. The documentation must be submitted for review by the Historic Preservation Officer before the demolition. 2. The removal of all salvageable building materials before demolition is encouraged, and may be required depending on the significance of the building. The applicant shall work with the Historic Preservation Officer to identify salvageable materials and potential buyers or recipients of salvaged materials. After that meeting, the applicant shall prepare a salvage strategy for reuse of building materials deemed valuable by the Historic Preservation Officer for other preservation and restoration activities, which shall be submitted for the Historic Preservation Officer’s review and approval. 3. Clear the structure quickly and thoroughly. 4. Plant the site or appropriately maintain it until it is reused. If the site is to remain vacant for over one year, it should be improved to reflect an appearance consistent with other open areas in the district. B. Once a CDC for removal has been approved the following shall be required. 1. Document original site conditions before moving the structure. Use photographs and other written or graphic items such as site plans to record the original setting, which as documentary evidence shall be submitted to the Historic Preservation Officer. 2. Applicant shall prepare for the Historic Preservation Officer a salvage strategy for reuse of building materials deemed valuable by the Historic Preservation Officer for other preservation and restoration activities. 3. Assess the structural condition of the building before moving it, to minimize damage during the move. 4. Work with contractors experienced in successfully moving historic structures. 5. Protect the building from weather damage and vandalism during the relocation. 3.13.080 Certificate and Compliance Inspections A. It shall be the responsibility of the Director to issue the actual Certificate of Design Compliance following approval by the HARC, with any designated conditions, and to maintain a copy of the Certificate of Design Compliance, together with the proposed plans. The Certificate shall be forwarded to the Building Official. These shall be public documents for all purposes. B. Work performed pursuant to the issuance of a Certificate of Design Compliance shall conform to the requirements of the Certificate. In the event that work is not in compliance, the Building Official shall issue a stop work order and/or citation as prescribed by ordinance. Attachment number 4 \nPage 61 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 62 of 82 3.13.090 Limits on Resubmission No application for the same project shall be considered within 180 days of the rejection or disapproval by the Historical and Architectural Review Commission of an application. The applicant may submit a design for an entirely new project or a revised design that substantially responds to the reasons for denial as set forth by the Historical and Architectural Review Commission at any time. 3.13.0100 Expiration A. A CDC, except as noted below, expires if the work authorized by the CDC is not commenced within 365 days 24 months from the date of the final action to approve the request. In the case of a phased project, after the initial phase is complete or a Certificate of Occupancy has been issued, each subsequent phase shall commence within 365 days 24 months of the completion or Certificate of Occupancy of the prior phase. The Historic Preservation Officer may extend the time commencement of work upon written request by the applicant. B. A CDC for demolition or removal expires if a Demolition Permit has not been issued within 180 days or, if a permit is not required, the work authorized by the CDC is not commenced within 180 days from the date of the final decision to approve the request. The Historic Preservation Officer may extend the time for commencement of work upon written request of the applicant. 3.13.0110 Appeals A person aggrieved by a final action on a Certificate of Design Compliance may appeal to the City Council, pursuant to the procedures set forth below. Such appeal shall be submitted to the Director within 30 days of the final action. Appeals from an administratively issued Certificate of Design Compliance will be processed through the Historic and Architectural Review Commission, subject to the procedures established for new applications. Such appeal shall be submitted to the Director within 15 days of the administrative action. A. Appeal Hearing The Hearing shall be set for the next available City Council meeting, subject to the provision of public notification. Notification shall be provided in the same manner as the initial Certificate of Design Compliance. B. Burden of Proof in Appeals When an appeal is taken to the City Council, the Historic and Architectural Review Commission’s action is presumed to be valid. The person filing the appeal shall present sufficient evidence and have the burden to justify a reversal of the action being appealed. C. Findings and Conclusions All findings and conclusion necessary to the appeal decision shall be based upon reliable evidence. Competent evidence (evidence admissible in a Court of Law) will be preferred whenever reasonably available, but in no case may findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable, and the matter at issue is not seriously disputed. In exercising its authority, the City Council may reverse or affirm, in whole or in part or modify the Commission’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, Attachment number 4 \nPage 62 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 63 of 82 requirement, decision, or determination, and for that purpose the City Council has the same authority as the Historic and Architectural Review Commission. D. Decision on Appeal The City Council shall review the application, the Director’s report, conduct a Hearing in accordance with the Council’s established procedures and state law, and take final action on the appeal. It shall require a concurring vote of a majority of the City Council members present to overturn an Historic and Architectural Review Commission decision on a Certificate of Design Compliance. Section 3.14 Appeal of an Administrative Decision 3.14.010 Effect of Appeal Pursuant to the authority granted to the City by the Texas Local Government Code Chapter 211, the City Charter, the City Council and this Code, the Zoning Board of Adjustment may hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this Code pursuant to Table 2.01.020 and Section 2.04. Pursuant to the authority granted to the Planning and Zoning Commission by the Texas Local Government Code Chapter 212, the City Council and this Code, the Commission may hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this Code pursuant to Table 2.01.020 and Section 2.05. However, if an aggrieved person is appealing a final action that was disapproved, only the basis for disapproval may be appealed. In addition, a person may not appeal a denial for the purpose of continuance (an extension agreed to by the applicant and the Director) or a determination that an application is not complete. 3.14.020 Appeal Procedures A. Initiation Within 30 days after the date of the administrative decision, appeal of an administrative decision may be initiated by any person aggrieved by the administrative decision or any officer, department, board or bureau of the City affected by the decision. B. Content of Notice of Appeal The notice of appeal must specifically set forth all grounds for appeal. C. Effect of Appeal An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the Board the facts supporting the official’s opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the Board or a court of record, after notice to the official and if due cause is shown. 3.14.030 Review Criteria The Zoning Board of Adjustment or Planning and Zoning Commission considers whether the Director of Planning and Development or other administrative official’s action was appropriate considering the Attachment number 4 \nPage 63 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 64 of 82 details of the case and the requirements contained in this Unified Development Code. The Board or Commission will make its decision based on this Unified Development Code and the information presented to the Board or Commission by the applicant and the Director or other Administrative Official. A. Appeal Hearing The Zoning Board of Adjustment or Planning and Zoning Commission shall set a reasonable time for hearing the appeal and shall give notice to the parties and to the public. Each appeal must be heard by at least 75% of the members of the Board or Commission. B. Burden of Proof in Appeals When an appeal is taken to the Zoning Board of Adjustment or Planning and Zoning Commission, the Director’s or other Administrative Official’s action is presumed to be valid. The applicant shall present sufficient evidence and have the burden to justify a reversal of the action being appealed. The Director may present evidence and argument to the contrary. C. Findings and Conclusions All findings and conclusions necessary to the permit or appeal decision shall be based upon reliable evidence. Competent evidence (evidence admissible in a Court of Law) will be preferred whenever reasonably available, but in no case may findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable, and the matter at issue is not seriously disputed. In exercising its authority, the Board or Commission may reverse or affirm, in whole or in part or modify the Administrative Official’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Board or Commission has the same authority as the Administrative Official. 3.14.040 Decision on Appeal The Board or Commission shall review the application, the Director’s report, conduct a Hearing in accordance with the Board’s or Commission’s established procedures and state law, and take final action on the application. It shall require a concurring vote of three-fourths vote of all members of the Zoning Board of Adjustment or Planning and Zoning Commission to overturn an administrative decision. Section 3.15 Variance and Special Exception 3.15.010 Applicability A. Variance In accordance with the provisions of the Texas Local Government Code Chapter 211 and 231, the Zoning Board of Adjustment (Board) shall have the authority to hear and grant requests for a Variance from the zoning provisions of this Unified Development Code. A Variance to the development standards of this Code shall be considered an exception to the regulations, rather than a right. Waivers of the standards required for plat approval are not considered Variances and must be requested from the Planning & Zoning Commission during the subdivision review process. Attachment number 4 \nPage 64 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 65 of 82 Any Variance request up to 10 percent (10%) of any minimum or maximum measurement required by this Code may be treated as an Administrative Exception if the Director agrees to act on the Administrative Exception. B. Special Exceptions In accordance with the provisions of the Texas Local Government Code Chapter 211, the Zoning Board of Adjustment shall also have the authority to hear and decide Special Exceptions to the terms of this Code when the Code requires the Board to do so. 3.15.020 Variance and Special Exception Process A. Initiation Initiation of a request for a zoning Variance or Special Exception may be made upon application by the property owner of the affected property or their authorized agent. B. Application Application for a Variance or Special Exception must comply with the UDC Development Manual. Applications must include all materials determined necessary by the Director. C. Completeness Determination Upon submission on an application, the Director shall determine whether the application is complete, as described in Section 3.02.040. D. Staff Review 1. Once an application for a Variance or Special Exception request has been received and the application deemed complete, the Director shall review the application, considering any applicable criteria for approval, and prepare a report to the Zoning Board of Adjustment. 2. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statutes. 3. The Director may assign staff to review the application and make a preliminary report to the Director. 4. The Director’s report may include a recommendation for final action. E. Notice and Hearing 1. The Zoning Board of Adjustment shall hold a public hearing for consideration of the Variance or Special Exception request no later than 45 calendar days after the date of the application is filed. 2. Written notice of the public hearing for a Variance or Special Exception shall be provided as set forth in Sections 3.03 and 4.09.040 of this Code. 3. The applicant may appear at the hearing in person or by agent or attorney. 3.15.030 Criteria for Variance Review A. Required Findings The Zoning Board of Adjustment may authorize a Variance from the requirements of the zoning provisions of this Unified Development Code if the variance from the terms of the zoning Attachment number 4 \nPage 65 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 66 of 82 provisions is not contrary to the public interest and, due to special conditions, a literal enforcement of the requirements would result in unnecessary hardship, so the spirit of this Code is preserved, and substantial justice done. No Variance shall be granted unless the ZBA finds all of the following: 1. Extraordinary Conditions That there are extraordinary or special conditions affecting the land involved such that strict application of the provisions of this Unified Development Code will deprive the applicant of the reasonable use of their land. For example, a Variance might be justified because of topographic or other special conditions unique to the property and development involved, while it would not be justified due to inconvenience or financial disadvantage. 2. No Substantial Detriment That the granting of the Variance will not be detrimental to the public health, safety or welfare or injurious to other property in the area or to the City in administering this Code. 3. Other Property That the conditions that create the need for the Variance do not generally apply to other property in the vicinity. 4. Applicant’s Actions That the conditions that create the need for the Variance are not the result of the applicant’s own actions. 5. Comprehensive Plan That the granting of the Variance would not substantially conflict with the Comprehensive Plan and the purposes of this Code. 6. Utilization That because of the conditions that create the need for the Variance, the application of this Code to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. 7. Insufficient Findings The following types of possible findings do not constitute sufficient grounds for granting a Variance: a. That the property cannot be used for its highest and best use. b. That there is a financial or economic hardship. c. That there is a self-created hardship by the property owner or their agent. d. That the development objectives of the property owner are or will be frustrated. B. Limitations The Zoning Board of Adjustment may not grant a Variance when the effect of which would be any of the following: 1. To allow the establishment of a use not otherwise permitted in the applicable Zoning District. 2. To increase the density of a use above that permitted by the applicable District. 3. To extend physically a nonconforming use of land. Attachment number 4 \nPage 66 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 67 of 82 4. To change the Zoning District boundaries shown on the Official Zoning Map. C. Profitability Not to Be Considered The fact that property may be utilized more profitably should a Variance be granted may not be considered grounds for a Variance. D. Limitation on Variances for Signs No Variance for a sign may increase the overall permitted area of a sign. Sign-related Variances may only be granted, in accordance with this Section, for height or other location restrictions. No Variance application(s) shall be accepted for prohibited signs listed in Section 10.04 (“Signs Prohibited Under this Code”). E. Variances from Floodplain or Stormwater Management Regulations The ZBA may not approve a Variance from floodplain or stormwater management regulations. The Planning and Zoning Commission shall hear and decide a Variance request from floodplain or stormwater management regulations. The Commission shall use the process and criteria outlined in Section 3.15 for making its decision on a floodplain or stormwater management regulation Variance. 3.15.040 Criteria for Special Exception Review If authorized by this Code, the Zoning Board of Adjustment may grant a Special Exception from the requirements of the certain provisions of this Unified Development Code, if the Special Exception is not contrary to the public interest and the spirit of this Code is preserved and substantial justice done. No Special Exception shall be granted unless the ZBA finds the specific criteria identified in this Code are met. The only Special Exceptions that may be granted by the Board are for the following: Residential Setback Modifications pursuant to Section 4.09.040 and 6.06.010.D Time Extension for an Abandoned Nonconforming Use, pursuant to Section 14.01.060.B.7 Expansion of Nonconforming Use, pursuant to Section 14.02.050 Right to Continue Nonconforming Use after destruction or damage, pursuant to Section 14.02.060.A Abandonment of a Nonconforming Structure Determination, pursuant to Section 14.04.050 Expansion of a Nonconforming Structure, pursuant to Sections 14.04.080.B & C Abandonement of a Nonconforming Site, pursuant to Section 14.05.050 A setback exception, pursuant to Section 14.05.050.D Expansion of a Nonconforming Site, pursuant to Sections 14.05.080.B & C 3.15.050 Expiration of Variance and Special Exception A. Variance Variance approval shall expire 24 months from the date of ZBA approval unless a Building Permit has been issued and construction commenced or, if no Building Permit is required, a Certificate of Occupancy has been issued. Attachment number 4 \nPage 67 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 68 of 82 B. Special Exception A Special Exception shall expire twelve 24 months from the date of Board approval, unless: 1. A complete Building Permit application has been issued and construction commenced or, if no Building Permit is required, a Certificate of Occupancy has been issued. 2. The Board approval extended the twelve 24 month expiration date and provided for an alternative expiration; however, in no case shall the expiration date exceed 24 36 months. Section 3.16 Administrative Exception 3.16.010 Applicability A. In order to provide a method, to correct human error, allow for minor numerical adjustments, or consider alternative design schemes for particular development standards of this Code, Administrative Exceptions may be permitted. Administrative Exceptions are specified deviations from otherwise applicable development standards where development is proposed that would be: 1. Compatible with surrounding land uses; 2. Harmonious with the public interest; and 3. Consistent with the purposes of this Code. B. Administrative Exceptions shall comply with all other provisions of this Code not specifically relieved by the Administrative Exception. All Administrative Exceptions expressly permitted in this Section may be approved only if meeting the criteria provided in Section 3.16.030. C. The Director or the Building Official is responsible for final action on Administrative Exceptions. D. An appeal of an Administrative Exception may be made to the Zoning Board of Adjustment in accordance with the rules and authority granted thereto. 3.16.020 Applicability A. The Director or Building Official shall have the authority to determine that the language or a particular development standard in this Code is incorrect, unclear, or otherwise in error and authorize an adjustment or interpretation to correct such error as necessary. B. The Director or Building Official shall have the authority to consider and authorize an adjustment up to 10% of any numerical standard set forth in this Code, with the following exceptions: 1. A request for an increase in the number of units permitted on a lot or parcel does not qualify for an Administrative Exception. 2. Any numerical standard set forth in this Code that has been previously adjusted by way of a City board or commission, Special Exception, Special Use Permit, or other similar process may not be eligible for an Administrative Exception. Accordingly, any adjustment made in conformance with this Section may not be allowed further adjustment by any other process allowed in this Code. 3. Any consideration of a numerical adjustment greater than 10% shall require a request for a Variance, per the terms of Section 3.15 of this Code. Attachment number 4 \nPage 68 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 69 of 82 C. The Director or Building Official shall have authority to consider alternative design plan(s) or other uses or requirements for the following situations: 1. Courthouse View Overlay Height Exception (per Section 4.12.040) 2. Alternative Residential Boundary Wall (per Section 8.07.060) 3. Alternative Building Design Plan (per Section 7.04.070) 4. Alternative Landscape Standards (per Section 8.05.050) 5. Alternative Parking Plan (per Section 9.02.050) 6. Alternative Sign Plan (per Section 10.01.090) 7. Alternative Fences (per Section 8.07.080) 8. Change of Use (per Section 14.02.030) 9. Expansion of Nonconforming Uses (per Section 14.02.050) 10. Postponement of Required Improvements (per Section 14.05.070) 3.16.030 Approval Criteria To approve an application for an Administrative Exception, the Director or Building Official must determine that the following criteria are met: A. That granting the Administrative Exception serves an obvious and needed purpose. B. That granting the Administrative Exception will ensure an equal or better level of design or land use compatibility as the otherwise applicable standards. C. That granting the Administrative Exception will not materially and adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed development. D. That granting the Administrative Exception will be consistent with the purposes and intent of this Unified Development Code 3.16.040 Expiration of Administrative Exception The Administrative Exception shall expire if the companion application expires, according the specified expiration in this Chapter, or if the Administrative Exception is a stand alone application if the associated project is not utilized within 24 months of approval in a manner consistent with the approval. Section 3.17 Stormwater Permit 3.17.010 Applicability A Stormwater Permit is required prior to any land disturbance, as defined in Section 16.02, within the City limits or the City’s extraterritorial jurisdiction to ensure conformance to the stormwater management provisions and other applicable requirements of this Unified Development Code. Approval of a Site Plan within the City Limits constitutes approval of a Stormwater Permit for that specific development. The provisions of this Section related to Stormwater Permitting are adopted pursuant to the authority conferred by the U.S. Environmental Protection Agency, the Texas Attachment number 4 \nPage 69 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 70 of 82 Commission on Environmental Quality, The Texas Local Government Code Chapters 211 and 212, and the City Charter. 3.17.020 Review Process Review of a Stormwater Permit shall follow the procedure set forth in Section 3.03.040. 3.17.030 Criteria for Approval A. The applicant must ensure that the application for a Stormwater Permit was prepared or reviewed, approved, and sealed by a Professional Engineer licensed in the State of Texas prior to submission to the City, and that the application meets the requirements of the UDC Development Manual. B. A Stormwater Permit will be issued after the Drainage Engineer has determined that the development meets the stormwater and pollution management requirements of Chapter 11. C. A Stormwater Permit is conditional upon all applicable related permits required from the Texas Commission on Environmental Quality, the U.S. Environmental Protection Agency or any other state or federal agency being issued by that agency. 3.17.040 Responsibility for Final Action The Drainage Engineer is responsible for final action on Stormwater Permits. 3.17.050 Expiration A Stormwater Permit shall expire 12 24 months after the date that the permit was issued if the stormwater facilities are not constructed in a manner consistent with the permit. Section 3.18 Sign Permit 3.18.010 Applicability No sign may hereafter be erected, moved, added to or structurally altered within the City or the extraterritorial jurisdiction without a permit issued by the Building Official in conformity with the provisions of this Section. No Building Permit issued under the provisions of this Code for signs shall be considered valid unless signed by the Building Official. The provisions of this Section relating to Sign Permits are adopted pursuant to the Texas Local Government Code Chapters 211, 214, 216, and the City Charter. 3.18.020 Review Process Review of a Sign Permit shall follow the procedures set forth in Section 3.03.040. 3.18.030 Criteria for Approval In addition to the general criteria for approval of administrative procedures in Section 3.03.040.D.1, the Building Official shall base the final action on the following criteria: A. Whether the intended sign conforms in all respects with all applicable regulations and standards of this Unified Development Code and any applicable construction or safety standards of the City’s adopted building Code. Attachment number 4 \nPage 70 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 71 of 82 B. If the subject property has a Master Sign Plan, Development Agreement or ordinance governing it, whether the plans, specifications, and intended use of such building or structures or part thereof conform in all respects to the Development Agreement or ordinance. 3.18.040 Responsibility for Final Action A. The Building Official is responsible for final action on sign permits. B. Appeals of Building Official actions regarding sign-related Building Permits are considered by the Zoning Board of Adjustment and must follow the standard appeal of an administrative decision procedure described in Section 3.14. 3.18.050 Expiration A Sign Permit shall expire six months after issuance if the sign is not constructed in a manner consistent with the permit. Section 3.19 Driveway Permit 3.19.010 Purpose The purpose of a driveway permit is to determine the safety, mobility, and operational impacts that a proposed access connection will have on the roadway system. 3.19.020 Applicability Driveway Permits are required for the following: A. New driveway locations on roadways within the jurisdictional limits of the City of Georgetown; B. Existing driveways on roadways within the jurisdictional limits of the City of Georgetown for those developments which represent a change in property usage or zoning. C. For the purposes of this Section the jurisdictional limits of the City of Georgetown shall include properties within the municipal limits of the City as well as the Extraterritorial Jurisdiction (ETJ). 3.19.030 Pre-Application Conference Pursuant to Section 3.02.010, a Pre-application Conference is required prior to the issuance of a permit application. 3.19.040 Review Process Review of a Driveway Permit shall follow the Administrative Review procedures set forth in Section 3.03.040, subject to the Criteria for Approval set forth below. 3.19.050 Criteria for Approval No Driveway Permit will be denied unless it is determined by the Development Engineer that the proposed location of the driveway will have an adverse effect upon the public safety. In making this determination the following will be evaluated: A. Existing driveways; Attachment number 4 \nPage 71 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 72 of 82 B. Land use (including but not limited to the intensity of development and trip attraction / generation potential, mix of vehicles, and turning movements); C. Function of public street (including but not limited to the number of lanes, medians, median openings, vertical and horizontal curvature, sight distance, operating speeds, traffic volumes, entrance / exit ramps, and frontage roads); D. The location of nearby streets and driveways; E. The site plan (including but not limited to on-site circulation, delineation of the intended paths, parking stalls, location of buildings, location of loading areas); F. Actual or anticipated excessive increase in vehicular traffic being routed onto streets occurring as a result of any such permit; G. Physical constraints on the site including topography and site distance(s); H. Unusual lot configurations; I. Potential traffic movements which are unsafe or have an adverse effect on traffic operations; J. Joint access at the time of subdivision or site plan approval for abutting lots which have insufficient frontage to allow a driveway approach for each lot; and K. That strict enforcement of the criteria for approval would result in a denial of access for the site. 3.19.060 Submission Requirements The Development Engineer will determine during the Pre-application Conference if further studies will be required. Such studies may include, but shall not be limited to, the following: A. Engineering Study 1. An Engineering Study may be required based upon the determination of the Development Engineer. In all cases the City will require only those elements of an engineering study that are necessary to answer the specific questions that arise during the review process. The engineering study shall conform to standard engineering practices and must be sealed by a Professional Engineer licensed in the State of Texas. The Development Engineer will review the following information in the determination to require an Engineering Study: a. Compliance with the minimum spacing requirements of this Code; b. Deceleration or acceleration lane required; c. Traffic volumes and classification of the intersecting street at the proposed driveway location; d. Sight distance or physical obstructions and / or constraints that will result in a safety problem; e. Environmental or hydraulic issues associated with the proposed driveway(s); and f. Lot configuration. 2. An Engineering Study shall contain the following information: a. Trip Generation based upon the latest edition of the ITE Trip Generation Manual unless there is acceptable data that supports the use of another trip generation source. Attachment number 4 \nPage 72 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 73 of 82 b. Trip Distribution, to be performed with input from the City. c. Traffic assignment to determine the forecasted turning movements attributable to the proposed development. d. Traffic volumes if determined by the Development Engineer and subject to the following criteria: i. The existing traffic counts will be grown using an annual growth rate as agreed to by the City to the build-out year of the proposed development; ii. The resulting traffic volumes will be used as background traffic volumes, and the assigned forecasted turning movements will be added to the background traffic volumes resulting in the total traffic volumes; and iii. The total traffic volumes will be used to determine the need for left-turn and right- turn lanes. B. Traffic Impact Analysis (TIA) 1. A TIA may be required based upon the determination of the Development Engineer. In all cases the City will require only those elements of a TIA that are necessary to answer the specific questions that arise during the permitting process. 2. A TIA shall contain the following information: a. All of the information outlined in Section 3.19.060.A.2 above. b. Operational analysis (Level Of Service, Capacity, etc.) for the determined study intersections. c. Recommendations for mitigation measures should the impact of the proposed access point(s) result in unacceptable levels of service. 3.19.070 Responsibility for Final Action The Development Engineer is responsible for final action on driveway permits. 3.19.080 Expiration A driveway permit will expire six 18 months after issuance if the driveway is not constructed in a manner consistent with the permit. Section 3.20 Development Agreement 3.20.010 Applicability A. An application for a Development Agreement seeking to modify or delay certain requirements of this Code (including any Manuals adopted by reference by this Code) and/or any other provisions of the City Code of Ordinances in order to present an alternative plan for development that could not otherwise be accomplished under this Code or the Code of Ordinances may be filed in accordance with the terms and conditions of this Section. B. This Section shall apply to any new Agreement and any amendments thereto, as well as to any Amendments to an existing Development Agreement, agreements regarding Municipal Utility Districts or any other Special Districts as defined in Section 13.10 of this UDC. Attachment number 4 \nPage 73 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 74 of 82 3.20.020 Review Process A. Initiation Initiation of a Development Agreement or an Amendment may be made upon: 1. Application of a property owner or their authorized agent; 2. Recommendation of the City Council; 3. Recommendation of the Planning and Zoning Commission or appropriate board or commission; or 4. Recommendation of the Director. B. Application and Completeness Determination Applications shall be reviewed by a Development Agreement Committee (“Committee”) which shall be designated by the Director at the time of application to determine the necessary staff for the particular application. The Committee will be established based on the functional areas needed in order to appropriately respond to the request being considered. The Development Agreement Committee may consist of the City’s Development Engineer, City Attorney, Finance Director, Community Development Director, Planning Director, Planner(s), Systems Engineering Director, Georgetown Utility Systems representative(s), their designees or any other staff assigned to the committeeCommittee. The Development Agreement Committee shall determine completeness of the application no more than 15 working days following submittal of the application. At that time, the Committee shall also assign staff hourly rates, a payment schedule, and determine if the application is consistent with City policies and advances a legitimate City interest; otherwise, the Committee may reject the application based on such criteria. C. Staff Review 1. The Development Agreement Committee shall review the application, consider the Approval Criteria, and assign a Project Manager to lead the review and prepare a report to the Planning and Zoning Commission and/or appropriate board or commission and City Council. 2. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and State statute. 3. The Project Manager’s report may include a recommendation for final action. D. Public Notice Public Notice, in the form of Mailed, Published, and Posted Notice, shall be required per the notice provisions of this Code, unless the agreement or amendment thereto is determined by the Committee to be minor, inconsequential, or otherwise unnecessary for public notice and public hearings. If notice is required, the Committee shall determine the location and the extent of the notice based on the type and effect of the proposed amendment. E. Board or Commission Review d. The Planning and Zoning Commission or other appropriate board or commission shall hold a Public Hearing, unless determined unnecessary by the Committee, and make a recommendation to the City Council. Attachment number 4 \nPage 74 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 75 of 82 1. Any other appropriate board or commission, whose review and recommendation to City Council is deemed necessary by the Development Agreement Committee, shall hold a Public Hearing and make a recommendation to the City Council. F. City Council Final Action 1. The City Council shall hold a Public Hearing, unless determined unnecessary by the Committee, and may take final action on the proposed Development Agreement or amendment. 2. The Development Agreement or amendment shall become effective in the manner provided by the City Charter or State Law. 3. All outstanding application, staff, and legal fees must be paid in full to the City prior to the adoption of the agreement or amendment. 3.20.030 Approval Criteria In determining whether to approve, approve with modifications or disapprove a proposed Development Agreement or amendment, the City Council shall consider the following matters: A. The proposed agreement promotes the health, safety or general welfare of the city and the safe, orderly, and healthful development of the city. B. The proposed agreement is consistent with the Comprehensive Plan. Section 3.21 License to Encroach 3.21.010 Purpose The purpose of a License to Encroach is to determine the potential impacts of proposed improvements, structures, facilities, and encroachments into a public street, roadway, sidewalk, right-of-way, or easement in order to maintain their safety, mobility, and operational functionality. 3.21.020 Applicability A. A License to Encroach, in the procedures provided for in this section, is required for the following: 1. New improvements, structures, facilities, and encroachments into a public street, roadway, sidewalk, or right-of-way within the city limits and easements located within the city limits or the extra-territorial jurisdiction. 2. Existing improvements, structures, facilities and encroachments into a public street, roadway, sidewalk, or right-of-way within the city limits and easements located within the city limits or the extra-territorial jurisdiction. B. Those improvements, as defined in (A) above, that encroach into a public street, roadway, or sidewalk shall obtain approval from the City Council, in addition to this License. 3.21.030 Pre-Application Conference Pursuant to Section 3.02.010, a Pre-Application Conference is required prior to the application for a License to Encroach. Attachment number 4 \nPage 75 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 76 of 82 3.21.040 Review Process Review of a License to Encroach shall follow the Administrative Review procedures set forth in Section 3.03.040, subject to the Criteria for Approval set forth below. 3.21.050 Criteria for Approval No License to Encroach will be denied unless it is determined by the Director that the proposed location or type of improvement will negatively impact the function of the public street, roadway, sidewalk, right-of-way, or easement or have an adverse effect upon the health, safety, or welfare of the general public. In making this determination, the following will be evaluated: A. The proposed encroachment into a public street, roadway, sidewalk, right-of-way, or easement by any person shall not interfere with the lawful use thereof. B. Any proposed construction within a public street, roadway, sidewalk, right-of-way, or easement shall be in accordance with this Code, the City’s adopted Construction Standards, and any other applicable ordinances and regulations. C. At any time during the construction of any structure within a public street, roadway, sidewalk right-of-way, or easement: 1. The applicable public street, roadway, or sidewalk shall be kept open for vehicular and pedestrian traffic in a reasonable manner and sidewalks shall not be obstructed as to prevent the use thereof by pedestrians; 2. Dirt and other material removed from the construction of any structure within a public street, roadway, sidewalk, right-of-way or easement shall not be allowed to remain on the street or sidewalk and shall be removed immediately at the sole cost, risk, liability, and expense of the Licensee; 3. All excavations and obstructions of any kind that take place during the period of the Licensee’s construction shall be properly barricaded and well-illuminated during the night, subject to the approval of the Building Official. 3.21.060 Submission Requirements Staff will determine during the Pre-Application Conference whether further studies will be required. Such studies may include, but are not limited to, an Engineering Study, which may be required at the determination of the Development Engineer. Only the elements of an engineering study that are necessary to answer specific questions that arise during the review process will be required for submittal. 3.21.070 Responsibility for Final Action The Director is responsible for final action on Licenses to Encroach. For those requests that encroach into a public street, roadway, or sidewalk the Director may not approve the License to Encroach until approval is obtained from the City Council. 3.21.080 Expiration A. The License shall expire if the encroachment allowed per the License is not installed within 24 months of the date of License approval. Attachment number 4 \nPage 76 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 77 of 82 B. The City shall provide written notice at least 180 days in advance to the Licensee, its representatives, successors, or assigns, to take possession of and use all or any part of the licensed area in the event that such use be reasonably desired or needed by the City for street, sewer, transportation, or any other public or municipal use or purpose. During such time, it is the responsibility of the Licensee, its representatives, successors or assigns to remove the encroachment(s). In such an event, the City shall have the right to cancel the revocable license as to that portion of the licensed area so designated and required by the City. Section 3.22 Plat Waiver 3.21.010 Applicability A waiver of the subdivision standards of this Code, as allowed by this Section, may be considered concurrently with a Preliminary, Minor, or Final Plat to address unforeseen circumstances or other difficulties in developing a property under the specific provisions of this Code. A Plat Waiver application may be filed without a companion plat application in very limited circumstances, as determined by the Director. Justification for the Plat Waiver shall be submitted and demonstrated, following the provisions of Section 3.22.070. The Waiver(s) may be approved, conditionally approved or disapproved by the Planning and Zoning Commission. Any approved Waiver(s) shall be noted on the corresponding plat. A Waiver does not constitute nor equal a Variance, the provisions of which are detailed in Section 3.15 of this Code. 3.21.020 Eligible Provisions The provisions of this Code that are considered eligible for a plat waiver are listed below. A request may be made for each specific provision in only these sections: A. Section 6.02.010 B. Section 6.02.030 C. Section 6.02.040 D. Section 7.02.010 E. Section 7.02.030 F. Section 7.02.040 3.22.030 Initiation Initiation of the Plat Waiver may be made upon submittal of a complete application by a property owner or their designated agent. 3.22.040 Application and Completeness Determination The applicant shall submit all of the information required in the UDC Development Manual. The Director is responsible for determining the completeness of an application submitted, pursuant to Section 3.02.040. Attachment number 4 \nPage 77 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 78 of 82 3.22.050 Staff Review A. The Director shall review the application, considering applicable criteria for approval, and prepare a report to the Planning and Zoning Commission. B. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statute. C. The Director may assign staff to review the application and make a report to the Director. D. The Director’s report may include a recommendation for final action. 3.22.060 Planning and Zoning Final Action The Planning and Zoning Commission shall consider the Plat Waiver, Director’s report, state law, and compliance with this Code, and take final action. 3.22.070 Approval Criteria A Plat Waiver may be approved, conditionally approved, or disapproved. At least three of the following factors are required for approval: A. That the granting of the waiver will not be detrimental to the public health, safety or welfare or injurious to other property in the area or to the City in administering this Code. B. That the granting of the waiver would not substantially conflict with the Comprehensive Plan and the purposes of this Code. C. That the conditions that create the need for the waiver do not generally apply to other property in the vicinity. D. That application of a provision of this Code will render subdivision of the land impossible. 3.22.080 Expiration of Plat Waiver The Plat Waiver(s) shall expire if the Preliminary, Administrative, or Final Plat expires, according to the timing specified in Section 3.08 of this Code. The Plat Waiver(s) shall have no authority beyond the recorded plat note(s). Section 3.23 Heritage Tree Removal Permit 3.23.010 Purpose The purpose of a Heritage Tree Removal Permit is to determine whether such a tree should be removed based on its species, size, location, health, viability and its impact on the overall site design. Heritage Trees shall not be removed without first securing approval from the City. 3.23.020 Applicability A. The provisions of this Section shall apply to all property located within the corporate limits and in the extra territorial jurisdiction (ETJ) of the City of Georgetown. B. The provisions of this Section apply to all development subject to this Code, except as noted below, whether or not there is an active permit for the project. Attachment number 4 \nPage 78 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 79 of 82 C. Single-family or Two-family residential lots approved and platted prior to February 13, 2007, are exempt from the requirement of a Heritage Tree Removal Permit. However, Single-family and Two-family lots platted after February 13, 2007 are subject the Heritage Tree protection provisions in Section 8.02, which shall apply to both the developer, home builder and homeowner. Notwithstanding the preceding exemption, if a future change of use from a Single-family or Two- family home to any other use triggers a permit under this Code then the provisions of the Heritage Removal Permit will be required. 3.23.030 Pre-Application Conference Pursuant to Section 3.02.010, a Pre-application Conference is required prior to the submission of a permit application, unless the application is part of another project where a Pre-application meeting has already been held or the Urban Forester waives the requirement. 3.23.040 Review Process Review of a Heritage Tree Removal Permit shall follow the Administrative Review procedures set forth in Section 3.03.040, subject to the Criteria for Approval set forth below. 3.23.050 Criteria for Approval No Heritage Tree Removal Permit shall be approved unless it is determined by the Urban Forester or their designee, that the proposed removal is justified, based on the tree species and site conditions of the tree. In making this determination the following will be evaluated: A. Tree species; B. Tree size/number of trunks; C. Tree health and viability; D. Tree location; E. Protected and Heritage Trees to remain on site; and F. Whether the project can be developed without tree removal. 3.23.060 Submission Requirements A. Statement of Justification for tree removal. B. Copy of companion plat, Site Plan or concept plan for the permit or authorization that required compliance with this Section. C. Copy of Tree Survey, if applicable. If no Tree Survey exists, location of tree identified, tree type, size, condition, etc. D. A photo of the tree’s canopy and trunk, labeled with the corresponding tree number on the companion Tree Survey, shall be submitted with the application for a Heritage Tree Removal Permit. 3.23.070 Responsibility for Final Action A. The Urban Forester is responsible for final action on Heritage Tree Removal Permits. Attachment number 4 \nPage 79 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 80 of 82 B. Upon receipt of the application, the Urban Forester shall inspect the subject tree and approve or deny the application in accordance with the provisions of this Section within 10 working days of the date of the application. Upon written request from the owner or the owner(s)’s representative, said date for the Urban Forester’s final decision may be extended for a period of up to 15 additional days. If a decision by the Urban Forester would delay construction that is already properly permitted, commenced and in-progress, the Urban Forester or their designee shall approve or deny the application within two working days. C. An applicant may appeal a denial of a Heritage Tree Removal Permit to the City Council. Such appeal must be made in writing and received by the Director within 30 days of the date of the decision on the application by the Urban Forester. The Director shall set the matter for public hearing before the City Council at the earliest possible regularly scheduled meeting of the City Council. The City Council shall review the request and render a decision either affirming, affirming in part, conditionally affirming or reversing the determination of the Urban Forester. If a Heritage Tree Removal Permit is issued after appeal, pursuant to the provisions of this Code, the applicant must comply with all applicable provisions of this Code, including mitigation. D. If the Urban Forester approves an application for a permit to remove a Heritage Tree, then the applicant shall, no later than 30 days from the date of approval of the application, submit a mitigation or payment of fees-in-lieu calculation and a Mitigation Plan, pursuant to Section 8.05 showing the proposed species, location and irrigation plan for the proposed mitigation trees. E. If the required Mitigation Plan is not submitted within 30 days of the application approval, and the Heritage Tree has not been totally removed, the Tree Removal Permit will be declared inactive and tree removal shall not commence. If the tree removal has taken place within that 30-day period and the Mitigation Tree Planting Plan has not been submitted, then no additional permits shall be issued for the project associated with the tree removal until the Planting Plan is submitted. 3.23.080 Expiration A Heritage Tree Removal Permit shall remain valid for the longer of: A. The period of validity of the permit or authorization that required compliance with this Section; or B. 180 days from the issuance of the Tree Removal Permit. Section 3.24 Heritage Tree Pruning Permit 3.24.010 Purpose The purpose of a Heritage Tree Pruning Permit is to determine whether such a tree should be pruned and how the pruning shall be performed. Heritage Trees shall not be pruned without first securing approval from the City. 3.24.020 Applicability A. The provisions of this Section shall apply to all property located within the corporate limits and in the extra territorial jurisdiction (ETJ) of the City of Georgetown. B. A Heritage Tree Pruning Permit shall be required for any pruning of a Heritage Tree located on all properties, including Single-family and Two-family lots platted after February 13, 2007; however, a Attachment number 4 \nPage 80 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 81 of 82 Tree Pruning Permit shall only be required during the original home construction. Not withstanding the preceding exemption, if a future change of use from a Single-family or Two- family home to any other use triggers a permit under this Code then the provisions of the Heritage Pruning Permit will be required. 3.24.030 Review Process Review of a Heritage Tree Pruning Permit shall follow the Administrative Review procedures set forth in Section 3.03.040, subject to the Criteria for Approval set forth below. 3.24.040 Criteria for Approval No Heritage Tree Pruning Permit will be approved unless it is determined by the Urban Forester or their designee, that the proposed pruning is justified based on the health or viability of the tree and that the proposed pruning will not negatively impact the health and appearance of the tree. In making this determination the following will be evaluated: A. Reason for pruning request; B. Tree location; C. Percent of canopy to be removed; D. Tree health; and E. Whether an ISA Certified Arborist is going to perform the pruning. 3.24.050 Submission Requirements A. Statement of Justification for tree pruning. B. Copy of companion plat, Site Plan or concept plan for the permit or authorization that required compliance with this Section. C. A photo (digital or hardcopy) of the tree, labeled with the tree number on the Tree Survey, DBH, species, and contractor’s ISA certification number, shall be submitted with the application for a Heritage Tree Pruning Permit. 3.24.060 Responsibility for Final Action A. The Urban Forester is responsible for final action on Heritage Tree Pruning Permits. B. Upon receipt of the application, the Urban Forester shall inspect the subject tree and approve or deny the application in accordance with the provisions of this Section within ten working days of the date of the application. C. An applicant may appeal the denial of a Heritage Tree Pruning Permit to the Director. Such appeal must be made in writing and received by the Director within 30 days of the date of the decision on the application by the Urban Forester. The request for appeal shall set forth the specific reasons for the appeal and state the specific reasons for disagreement with the decision of the Urban Forester, including the basis for the applicant’s position that the application should have been granted. The Director shall review the request and render a decision either affirming, affirming in part, conditionally affirming or reversing the determination of the Urban Forester. Attachment number 4 \nPage 81 of 82 Item # Z EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 82 of 82 3.24.070 Expiration The Heritage Tree Pruning Permit shall remain valid for 180 days from date of issuance. Attachment number 4 \nPage 82 of 82 Item # Z City of Georgetown, Texas March 27, 2012 SUBJECT: Consideration and possible action to approve a Resolution pertaining to the cancellation of the May 12, 2012 Election for District 1 and District 5 -- Jessica Brettle, City Secretary and Bridget Chapman, Acting City Attorney ITEM SUMMARY: The filing deadline for the May 12, 2012 General Election has passed and there is one candidate for City Council Districts 1 and 5. There are no other propositions/measures on the ballot. Therefore, the May 12, 2012 Election can be cancelled. **Please see attached for the Resolution cancelling the election for Districts 1 and 5 as well as the Certificates of Unopposed Candidates for each of those districts. The Orders of Cancellation will be signed after the Resolution is approved. FINANCIAL IMPACT: SUBMITTED BY: Jessica Brettle, City Secretary and Bridget Chapman, Acting City Attorney ATTACHMENTS: Resolution Cancelling the May 12, 2012 Election Cover Memo Item # AA Attachment number 1 \nPage 1 of 9 Item # AA Attachment number 1 \nPage 2 of 9 Item # AA Attachment number 1 \nPage 3 of 9 Item # AA Attachment number 1 \nPage 4 of 9 Item # AA Attachment number 1 \nPage 5 of 9 Item # AA Attachment number 1 \nPage 6 of 9 Item # AA Attachment number 1 \nPage 7 of 9 Item # AA Attachment number 1 \nPage 8 of 9 Item # AA Attachment number 1 \nPage 9 of 9 Item # AA City of Georgetown, Texas March 27, 2012 SUBJECT: Consideration and possible action to approve a Resolution confirming the appointment of Glenn Mautner to fill the current vacancy on the Fire Fighters' and Police Officers' Civil Service Commission -- Paul E. Brandenburg, City Manager ITEM SUMMARY: The City of Georgetown held elections on November 5, 2002 and November 2, 2004, respectively for the purpose of seeking voter response to the propositions of “the adoption of the firefighters’ civil service law” and “the adoption of the police officers’ civil service law. The voters approved both propositions and pursuant to state law, the City of Georgetown has adopted Chapter 143 of the State Government Code. The Fire Fighters' and Police Officers' Civil Service Commission consists of three (3) members appointed by the City Manager and confirmed by the City Council. The Fire Fighters' and Police Officers' Civil Service Commission oversees the hiring and promotion process and serves as a disciplinary appeal board for civil service employees in the Georgetown Fire and Police Departments. The minimum requirements for consideration of appointment are as follows: · Resident of Georgetown for more than three years · Must be at least 25 years of age · Must not have held public office in the past three years The vacancy is due to the expiration of one of the seats for a three year term. There were eight (8) applicants for the vacancy. Two (2) applicants were interviewed. ATTACHMENTS 1. Proposed Resolution 2. Section 143.006 of the Texas Local Government Code: Implementation: Commission 3. Application and Resume for Glenn Mautner FINANCIAL IMPACT: SUBMITTED BY: Paul E. Brandenburg, City Manager ATTACHMENTS: Proposed Resolution Section 143.006 - Texas Local Government Code Glenn Mautner - Application and Resume Cover Memo Item # BB Resolution No. _____________ Page 1 of 2 Appointment of Glenn Mautner to the Civil Service Commission Date Approved: March 28, 2012 RESOLUTION NO. ____________ A Resolution of the City Council of the City of Georgetown, Texas confirming the appointment of Glenn Mautner to fill the current vacancy on the Fire Fighters' and Police Officers' Civil Service Commission; and establishing an effective date. WHEREAS, The City of Georgetown held elections on November 5, 2002 and November 2, 2004, respectively for the purpose of seeking voter response to the propositions of “the adoption of the firefighters’ civil service law” and “the adoption of the police officers’ civil service law; and WHEREAS, the voters approved both propositions and pursuant to state law, the City of Georgetown has adopted Chapter 143 of the State Government Code establishing the Fire Fighters' and Police Officers' Civil Service Commission; and WHEREAS, Chapter 143 of the Texas Local Government Code provides that the Civil Service Commission shall consist of three (3) members appointed by the city’s chief executive and confirmed by the City Council; and WHEREAS The Civil Service Commission will oversee the hiring and promotion process and serve as a disciplinary appeal board for civil service employees in the Georgetown Fire Department, and perform such other duties as set forth in Chapter 143 of the Texas Local Government Code; and WHEREAS, the City Council desires to appoint Glenn Mautner to fill a three (3) year term on the Firefighters’ and Police Officers’ Civil Service Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. Findings. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this resolution complies with the Vision Statement of the City of Georgetown 2030 Comprehensive Plan; SECTION 2: Glenn Mautner is hereby appointed to fill a three (3) year term on the City’s Firefighters’ and Police Officers’ Civil Service Commission. Attachment number 1 \nPage 1 of 2 Item # BB Resolution No. _____________ Page 2 of 2 Appointment of Glenn Mautner to the Civil Service Commission Date Approved: March 28, 2012 SECTION 3: This Resolution shall be effective immediately upon its approval. RESOLVED this 27th day of March, 2012. APPROVED: ATTEST: George Garver Jessica Brettle Mayor City Secretary APPROVED AS TO FORM: Bridget Chapman Acting City Attorney Attachment number 1 \nPage 2 of 2 Item # BB Attachment number 2 \nPage 1 of 2 Item # BB Attachment number 2 \nPage 2 of 2 Item # BB Attachment number 3 \nPage 1 of 5 Item # BB Attachment number 3 \nPage 2 of 5 Item # BB Attachment number 3 \nPage 3 of 5 Item # BB Attachment number 3 \nPage 4 of 5 Item # BB Attachment number 3 \nPage 5 of 5 Item # BB City of Georgetown, Texas March 27, 2012 SUBJECT: Sec. 551.071: Consultation with Attorney - Advice from attorney about pending litigation that has been filed against the City or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including but not limited to this week's agenda items ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Cover Memo Item # CC City of Georgetown, Texas March 27, 2012 SUBJECT: Sec. 551.072: Deliberation about Real Property - Deliberations concerning the acquisition of a 36.969-acre parcel of land in fee simple and a 0.152-acre drainage easement situated in the Joseph Thompson Survey, A-608, Williamson County, Texas, from A.C. Weir Properties, Ltd., in connection with the Southwest Bypass Road Project -- Terri Glasby Calhoun, Real Estate Services Coordinator and Kent Alan Sick, Attorney at Law, Legal Counsel for the City - Deliberations concerning possible purchase of +12.05-acre railroad easement along Inner Loop Road from Georgetown Railroad Company, Inc. -- Paul E. Brandenburg, City Manager and Jim Briggs, Assistant City Manager ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Cover Memo Item # DD City of Georgetown, Texas March 27, 2012 SUBJECT: Sec. 551.086: Competitive Matters - Contract with EDF Trading North America, LLC, for Energy Above the Capped Load (EACL), 2012 -- Jim Briggs, Assistant City Manager - Contract issues regarding LCRA Wholesale Power Contract -- Jim Briggs - Assistant City Manager ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Cover Memo Item # EE