This subchapter shall be commonly cited as the "PUDD #09-1 Ordinance".

(Ord. 09-125, 7-8-2009; Ord. 19-255, 3-13-2019)

The enactment of this subchapter memorializes the City Council's legislative approval of the Planned Unit Development District agreement. This subchapter also creates the zoning classification "Planned Unit Development District Number Nine-One (PUDD #09-1)".

(Ord. 09-125, 7-8-2009; Ord. 19-255, 3-13-2019)

This subchapter applies to all property within the incorporated municipal boundaries (i.e., "City limits").

(Ord. 09-125, 7-8-2009; Ord. 19-255, 3-13-2019)

(A)

Terms that are not defined below, but are defined elsewhere in the code of ordinances, shall be given the meanings set forth in the code. Words and phrases not defined in the code of ordinance shall be given their common, ordinary meaning unless the context clearly requires otherwise. When not inconsistent with the context, words used in the present tense shall include the future tense; words in the plural number shall include the singular number (and vice versa); and words in the masculine gender shall include the feminine gender (and vice versa). The word "shall" is always mandatory, while the word "may" is merely directory. Headings and captions are for reference purposes only.

(B)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Agreement. The contract between the City of Woodcreek, Texas and Ten Robles, Inc. ("TRI"), and Harry E. Gumbert, Jr. and Dorothy M. Gumbert, Owner, dated 7-8-2009, including all Exhibits, which are incorporated herein for all intents and purposes.

City. The City of Woodcreek, an incorporated municipality located in Hays County, Texas.

Property. Approximately 10.48 acres of land located within the municipal boundaries of the City of Woodcreek, in Hays County, Texas, more fully described in § 156.123 of this chapter.

(Ord. 09-125, 7-8-2009; Ord. 19-255, 3-13-2019)

(A)

Agreement approved. The planned unit development district agreement, that being the contract dated 7-8-2009, entitled "Development Agreement Oak Orchard Enclave" is hereby approved by the City Council.

(B)

Execution of agreement. The Mayor is instructed to execute the agreement on behalf of the City.

(C)

Recordation. The City Administrator is instructed to publish the agreement in and among the official records of the City, and cause the agreement to be filed in and among the land records of the county.

(Ord. 09-125, 7-8-2009; Ord. 19-255, 3-13-2019)

(A)

Boundary. The boundary of PUDD #09-1 shall be as delineated in § 156.122 of this chapter.

(B)

Zoning. The property will be a planned unit development under the City rules and the residential area will be entitled to general land uses consistent with the SF-1 zoning classification (as described in the City rules) with such modifications as described herein and in the exhibits hereto. The commercial area will be entitled to general land uses consistent with the NC (Neighborhood Commercial) zoning classification (as described in City rules) with such modifications as described herein and in the exhibits hereto. The open space areas will be entitled to general land uses consistent with open space/parkland classification.

(C)

Density of development. Owners will have the right to develop the residential area of the land at a density not to exceed 19 single-family residential units within the residential area noted on the site plan, plus the right to develop the commercial area in accordance with applicable NC density limitations.

(D)

Impervious cover. There shall be no more than 35 percent impervious cover on the residential area of the property, and no more than 55 percent impervious cover on the commercial area of the property.

(E)

Landscaped buffer areas. The following landscaped buffer areas shall be established for the property (with all such buffers measured from the boundary lines of the property or, as applicable, existing right-of-way boundaries): as provided by the concept and site plans for the Oak Orchard Enclave Development.

(Ord. 09-125, 7-8-2009; Ord. 19-255, 3-13-2019)

(A)

The PUDD agreement provides enforcement mechanisms to ensure compliance.

(B)

Among other civil remedies, the City may withhold development approvals in accordance with the PUDD agreement in order to ensure compliance.

(C)

Among other remedies, the City is authorized to issue stop work orders to halt construction in violation of this chapter or the PUDD agreement.

(Ord. 09-125, 7-8-2009; Ord. 19-255, 3-13-2019)

(Ord. 09-125, 7-8-2009; Ord. 19-255, 3-13-2019)

The field note description of 10.48 acres of land in the Eli Hill Survey, A-525, and the Ransom Weed Survey No. 63, A-480, is incorporated herein as if set out in full.

(Ord. 09-125, 7-8-2009; Ord. 19-255, 3-13-2019)