Georgetown Planning and Development Department Staff Report Report Date: January 31, 2011 File No: REZ-2011-021 Project Planner: Mike Elabarger, Planner III Item Details Project Name: Mayes Tract Location: South side of CR 111 (aka Westinghouse Road), 1.5 mile east of IH-35 (See Exhibit 1) Total Acreage: 59.2 acres (per Applicant Survey) Legal Description: 59.21 acres in the Low Survey Applicants: Paul Linehan Property Owner: Stagliano and K&H Investments Contact: Paul Linehan, Land Strategies, Inc. / 512-328-6050 Existing Use: Vacant Existing Zoning: Agricultural (AG) (per annexation effective January 1, 2012) Proposed Zoning: Multifamily (MF) District and approximately 40 acres Local Commercial (C-1) approximately 19 acres Existing Future Land Use: Mixed Use Community (MUC) Proposed Future Land Use: Mixed Use Neighborhood Center (MUN) 18+ acres / 30% High Density Residential (HDR) 40+ acres / 70% Growth Tier: Overview of Applicant s Request Tier 2 (Intermediate Growth Area) The property was annexed into the City, as part of Annexation Area 8, on December 13, 2011 (effective December 31, 2011) via a City-initiated annexation process. With this action, the property was assigned the zoning district of Agricultural (AG) per Section 4.03.010 of the Unified Development Code (UDC). The property currently has a future land use designation of Mixed Use Community (MUC). Now within the City limits, and zoned, the applicant has requested to rezone to the Local Commercial (C-1) and Multifamily (MF) Districts, which they feel will fulfill their A very small portion of the northeast corner of the property appears as Moderate Density Residential on the City s GIS maps; this is a mapping anomaly, due to the future land use categories not being parcel specific, and purposefully general in their location. The subject property is considered to be solely the MUC designation as noted throughout this report. Mayes Tract Rezoning Page 1 of 9
accompanying Comprehensive Plan Amendment (CPA) application request to change the future land use designation to Mixed Use Neighborhood Center (MUN) and High-Density Residential (HDR), respectively. Site Information Location: The property is located on the south side of CR 111 (known as Westinghouse Road inside the City Limits), approximately 1.5 miles east of the northbound IH-35 frontage road, and almost ½ mile west of FM 1460. It is in an area of the City (actually, primarily Extraterritorial Jurisdication, or ETJ) recently coined the Southeast Development Zone (SEDZ), comprising the areas south of the Southeast Inner Loop, north of the Round Rock ETJ boundary (which is almost exclusively the master-planned Teravista Municipal Utility District, or MUD), and between IH-35 and FM 1460. Physical Characteristics: The property is generally a rectangular shape, sloping southward from Westinghouse Road. The northern two-thirds or so are largely cleared, but some significant vegetation exists in the center and southern boundary area. A series of three ponds run north to south down the center as well; their origin is unknown. A drainage depression runs east/west near the southern boundary, and discharges into the golf course to the south. See Graphic (1) below, and Exhibit 4. Graphic (1) 59+ Acres Mayes Tract Mayes Tract Rezoning Page 2 of 9
Surrounding Properties: The property is surrounded on all four sides by the Teravista development. To the west is a 16-acre vacant parcel that is planned for light industrial uses undeveloped tracts. A section of the Teravista residential development is immediately adjacent to the southern boundary, where a long cul-de-sac street (Monterosa Lane) runs much of the length of this common boundary. See the chart below, Graphic (1) above, and Exhibit 4 Aerial map. Location Zoning Future Land Use Existing Use North N/A Georgetown ETJ Moderate Density Residential Vacant South N/A - Teravista MUD N/A (City of Round Rock ETJ) Residential East N/A Georgetown ETJ Moderate Density Residential Vacant West Agricultural (AG) Mixed Use Community Vacant Property History The property was annexed on December 13, 2011 (effective December 31, 2011 per Annexation Ordinance 2011-55) as part of a City-wide annexation process, and given the zoning of AG, Agricultural. There is no record of any land use applications being submitted on this property, which has never been developed, and it is unclear how recently it may have been farmed or grazed. 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. * The City can change the Growth Tier designation through the Comprehensive Plan Amendment process only during the Annual Update cycle. Mayes Tract Rezoning Page 3 of 9
Being a Tier 2 designee, this property currently has no direct provision of major utilities (though a 16 water line does run along the north side of CR 111), but it will be in the City of Georgetown service areas for water and wastewater. The extension of sanitary sewer (wastewater) appears to be the most significant extension necessary, and will be the primary enabler of development for this property and the entire SEDZ area in the future. The applicant applied for, and received, a Utility Evaluation from the Georgetown Utility Systems (GUS) regarding water and wastewater service availability, with the basis of future development being 600 multifamily residential units and 19 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, by the 16 water line running on the north side of CR 111. Wastewater - the estimated demands of proposed development indicated by the applicant would exceed that planned for the property by approximately 40%. The nearest extent of the system is the terminus of an 18 interceptor line just south of the Southeast Inner Loop road (currently serving the Citicorp data center). However, it was determined that the increased intensity of this proposed rezoning could be sustained by the City system downstream from this current terminus. At this time, the applicant would be solely responsible for construction of an interceptor line extension of between 12 and 15 northward from this property to the existing terminus, approximately 1.3 miles away. All final details and guarantees of capacity would be determined during the Final Plat approval processes, with capacity reservation occurring upon Impact Fee payment. Transportation The property has approximately 1800 feet of road frontage, and three current curb cuts, on CR 111 (Westinghouse Road), which underwent a widening (4 lane plus turn lanes) and improvement project in 2010. Proximity to IH-35 to the west and FM 1460 (which has nearterm plans for major expansion in Georgetown, to match the improvements done to the south in Round Rock) give it favorable vehicular access. Future development to the west of this tract may provide it inter-parcel types of connections. Planned road extensions in this area include Rabbit Hill Road continuing southward through the Bourn property, connecting with Oakmont Road, and Blue Ridge Drive continuing southward through the Windmill Hill tract to Westinghouse Road. Unfortunately, connectivity to the Teravista development is likely precluded, as no connections exist to the south, or appear to have been created to the east. A Traffic Impact Analysis (TIA) was not deemed necessary for review of this rezoning, but the requirement will likely be triggered at some point with future applications. Mayes Tract Rezoning Page 4 of 9
2030 Comprehensive Plan Currently, the subject property is designated with the Mixed Use Community (MUC) future land use category; see Exhibit 2. Should the accompanying Comprehensive Plan Amendment (CPA-2011-003) be approved, and the future land use designations be changed to Mixed Use Neighborhood Center (18.75 acres, or 30%) and High Density Residential (40.5 acres, or 70%), then the proposed zoning districts of Local Commercial (C-1) and Multifamily (MF) would support those categories, respectively. As noted under the Utility section, the 2030 Plan Growth Tier Map designation is Tier 2 (Intermediate Growth Area), which is the portion of the City where infrastructure systems are not intended for improvement within the next ten years. Only the City can change this designation during an annual update process. Zoning District Currently, the property is zoned Agricultural (AG), the default zoning given a property upon annexation. The two proposed districts are described as such in the Unified Development Code (UDC): 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 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. 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: Subdivision Plats; Site and Construction plans; Building permits for construction; and Certificate of Occupancy for any new structures and tenants. Mayes Tract Rezoning Page 5 of 9
STAFF ANALYSIS Staff reviewed and analyzed this application (and the accompanying rezoning) from the following points-of-view in order to get to a position of support for the application: Southeast Development Zone (SEDZ) study As mentioned above, the subject property is within a study area of the future utility provision and build-out possibilities for the southern extent of the City. In general, this largely vacant and undeveloped area referred to as the Southeast Development Zone (SEDZ) is being studied as a primary future employment area over the next 20+ years. The initial idea was to develop a plan to serve the large development area in the southeast quadrant of the City (which includes this site) with utilities in the near future. This plan would include policy guidance for annexations, special taxing districts, pro-active rezoning of land, road and utility improvements, etc. It was anticipated that, at the very least, it would provide a timetable for infrastructure improvements that would occur quicker than the current Growth Tier 2 designation would allow. Through the 2011 involuntary annexation process, a large number of the properties went under agreements with the City that will preclude their annexation in the near term. Because of this large reduction in the amount of the study area that could be annexed during this timeframe, the feasibility of capital investment and the possible large-scale shift in Capital Facilities priorities and growth strategy for this area is being reconsidered. Rather than the City being a major participant in the facilitation of infrastructure to this area, it appears it will fall primarily upon the private development field to spur growth throughout the SEDZ area in the near-term. The City will continue to explore options and assist developers in expediting infrastructure deemed necessary for economic development in this area. Land Use Categories These zoning district requests, and the accompanying future land use changes, being proposed for this property are an increase in intensity, but are in keeping with recent approvals by City Council on the Westinghouse Road corridor: Windmill Hill Future Land Use Zoning From: To: From: To: 94 acres High Density Residential 72 ac. Employment Center 22 ac. High Density Resid. 94 acres PUD (administered as Multifamily) 56 ac. Business Park 16 ac. Local Commercial 22 ac. Multifamily Bourn 183 acres Employment Center 145 ac. Employment Center 38 ac. High Density Resid. 183 acres Agricultural 99 ac. Business Park 45 ac. Local Commercial 38 ac. Multifamily Mayes Tract Rezoning Page 6 of 9
In general, these approvals increased the amount of Employment Center land use (and thus the possible amount of appropriately zoned land, of which the Business Park district is the most direct fit) and redistributed but still reduced - the amount of High Density Residential (via Multifamily zoning). What was newly introduced was a focus of mid-level commercial zoning along the Westinghouse corridor. While the trend of these changes seem positive in fulfilling the City s desire to make the SEDZ area largely employment-based, the incremental addition of high density residential to each large property acts to chip away at the amount of available land for high-quality and income producing industries and office development that requires large tracts of land. The City understands the trend and desirability of multi-use developments that offer the 24 / 7 live-work-shop-play aspect. However, in a community with a tax-base vastly dominated by residences, protecting the last best area for job creation (at least, within the scope of the 2030 Comprehensive Plan) is of utmost importance. Georgetown has grown and developed largely in a single-use pattern, and it can be argued that that pattern should be changed, when possible, as recently evidenced. Zoning more land residentially, as part of a mixed-use pattern, erases land that ultimately could fulfill a prime City objective lessening the tax burden on existing residents. Such aspects must also be taken into consideration when looking at land use and zoning change proposals. Utilities The City s Water and Wastewater Master Plans are based on the anticipated land uses and land use densities planned for in the Future Land Use and Growth Tier Plans. Thus, applicant-driven amendments to one or both of these requires that the City amend these utility plans, with the associated capital improvement costs (and their budget implications) requiring close scrutiny, deliberation, and review by Staff, Planning and Zoning Commission (P&Z), and the City Council. Because of the property s current Tier 2 designation, improvements or development on this property related to water/wastewater utilities will likely be solely at the cost of the developer. Should the City decide to make this a Tier 1 development area, then utility improvements for this area would likely be placed in the City s Capital Improvement Program and the City would review development applications based on this possible change. Economic Development The SEDZ area is one of the key locations for economic development (ie, non-residential, employment-creating and sustaining land uses) in the City s near-term future (approximately the next 20 years, or to the extent of the 2030 Plan). Because of this, there is the possibility that the City s 4-A and 4-B Economic Boards may determine that some necessary infrastructure improvements for the SEDZ area are eligible for financial reimbursements. These incentives, Mayes Tract Rezoning Page 7 of 9
however, are limited to developments that create full-time, permanent jobs 1, and other eligible kinds of economic development. Multifamily housing, resulting from the proposed HDR land use (and accompanying Multifamily zoning district) would thus not be eligible. The applicant was made aware of this fact, but has chosen to continue proposing a residential component. In addition, other uses allowed by-right in the C-1 zoning district also might not be eligible for economic development incentives. Findings for Approval The proposed amendment from Mixed Use Community to approximately 30% Mixed Use Neighborhood Center and 70% High Density Residential can be supported by Staff for the following reasons: 1. Recent Approvals - It is in keeping with the trend of recently approved future land use changes approved by City Council, which have reduced by 34 acres the amount of High Density Residential and increased the amount of Employment Center by 34 acres, while introducing 61 acres of medium-density commercial uses (as translated by the C-1 zoning district). 2. Non-binding - Because ultimate development is not ensured with any Rezoning (or Compehensive Plan Amendment), there is general support of residential as a component of the new mixed-use model of development, even though the amount recently approved and proposed here is more than envisioned by the City at this time. 3. Synergy Should this property develop as sought, it may ultimately work to bolster the SEDZ area as a live-work-play multifunctional activity center, should the bulk of this area ultimately maintain zoning district(s) that fulfill the Employment Center future land use designation and produce high-quality jobs. 4. Appropriate Zoning District The MF and C-1, in their respective locations, would fulfill the Future Land Use designations being sought by the applicant (High Density Residential and Mixed Use Neighborhood Center, respectively) in CPA-2011-003. Though done in the past, the City no longer considers or approves conditional rezonings of properties, and therefore, cannot rezone the property for any specific use(s), or concept plan, presented by an applicant. Staff must consider the impact of all the permitted uses in the requested districts (MF and C-1) when evaluating a rezoning request as well as all site development possibilities. Inter Departmental, Governmental and Agency Comments None 1 - As opposed to temporary construction-related jobs, followed by part-time or lower benefit service/retail. positions typical of commercial development. Mayes Tract Rezoning Page 8 of 9
Public Comments Prior to both the January 3 rd and February 7 th P&Z meetings, a total of 22 notice letters (for 43 separate properties) were sent out to property owners within 200 feet of the proposed rezoning. The City utilizes the most recent property owner data provided to it by the Williamson County Assessment District to generate this list. Of the noticed properties, 1 was the property owner of this subject application (Stagliano Vincent & Peggy & K&H Investments); 13 were listed as being owned by NNP-Teravista LP; 9 were Lennar Homes of Texas Land & Construction Ltd.; 2 were RH of Texas Limited Partnership; and 1 was Castlerock Communities LP. The remaining 17 were individual residences on Monterosa Lane and Courmayeur Court to the south of this property in Teravista. Public notice was posted in the Sun newspaper on December 18, 2011 for the January 3 rd meeting, and on January 22 nd, 2012 for the February 7 th meeting. Eleven (11) written comments, representing eight (8) properties (all from Teravista residents on Monterosa Lane and Courmayeur Court) have been received to date, all opposing the application. Attachments Exhibit 1 Location Map Exhibit 2 Future Land Use / Overall Transportation Plan Map Exhibit 3 Zoning Map Exhibit 4 Aerial Map Exhibit 5 Applicant s Proposed Zoning District Survey Exhibit 6 Applicant Email, January 12, 2012 Exhibit 7 P&Z Public Hearing Minutes Meetings Schedule January 3, 2012 Planning and Zoning Commission February 7, 2012 Planning and Zoning Commission (continuation) February 28, 2012 City Council First Reading (pending) March 13, 2012 City Council Second Reading (pending) Mayes Tract Rezoning Page 9 of 9