Problem

View the City Council agenda item details to be presented Tuesday December 11th at the 6pm City Council meeting. Meeting location at:

101 E. 7th St
Georgetown, Tx 78626

http://agendas.georgetown.org/CoverSheet.aspx?ItemID=22303&MeetingID=2375

PETITION AGAINST WATER OAK APARTMENTS
(WATER OAK AT SAN GABRIEL HOMEOWNERS ASSOCIATION, INC.)

The undersigned homeowners (the “Homeowners”), of Water Oak at San Gabriel Homeowners Association, Inc. (the “Water Oak Community”), hereby petition the City Council of the City of Georgetown, Texas, to vote against the action to approve the development and wastewater agreement for the 20.26 acre project known as Water Oak Apartments, located at 3701 W. Hwy 29, Georgetown, Texas.

Our opposition to the development is based upon the following:

• Because the future land use map generally identifies this parcel as a community commercial node, mixed use node, and low density residential, the Homeowners have expected this land to be used in one of these ways and factored this into their decisions to invest in the Water Oak Community. We oppose rezoning this parcel to an MF-2 designation and urge the City Council to disapprove this proposal. The re-zoning request and the limited details of this high density development proposal are inconsistent with the other high density developments along Wolf Ranch Parkway in the vicinity of Hwy 29. Based on the information provided in the development agreement, there is substantial evidence that the overall safety, health and expected quality of life and neighborhood atmosphere would be adversely affected. There are elements of the plan noted that may not meet the Water Oak design guidelines specifically agreed to in the Water Oak Development Agreement with the City of Georgetown as well as violating WO@SG, HOA Covenants, Conditions and Regulations (CC&R’s). Specifically, the Homeowners are negatively impacted by the request to re-zone in the following ways:

o The buffer, between the homes on Winding Way Drive, Fair Oaks Drive, and Cross Mountain Trail, is less than 30’ from proposed high-density apartment buildings, leading to:

- Potential for increased crime in the Water Oak Community, as tenants in apartment complexes tend to be more transient in nature and would make the Water Oak Community a target for theft and vandalism;

- Lowering of property values;

- Creation of additional financial hardship for those Homeowners with apartment buildings and patios overlooking their backyards;

- Additional overall quality of life degradation for the Homeowners, whose homes will border these apartment buildings, which could constitute an invasion of privacy and could be a potential safety issue, along with the removal of the natural Hill Country scenic views;

- Apartment and patio lights as a nuisance to the Homeowners and negatively impacting the Dark Sky Initiative;

- Noise nuisance issues;

- Health and safety issues regarding undisclosed locations and related details of trash and waste receptacles, collection, security, etc.

o The site map for the proposed Water Oak Apartments includes a connection to Cross Mountain Trail, which would allow open access to our community and trails from residents of the apartments. There is no connection to Hwy 29 as proposed. This would adversely and materially impact the Homeowners in the following ways:

- Overflow parking issues in front of our homes from the apartment complex;

- Additional traffic from the connecting street on Cross Mountain Trail, which would be the only expedient way to access the South San Gabriel and which would create an unsafe and unwanted amount of traffic within our community;

- Expected traversing of the Water Oak Community by Water Oak Apartment residents to walk their dogs, access our trails, and the larger area, such as the South San Gabriel;

• Homeowners in Water Oak pay hefty HOA dues to maintain our community and our trails. We cannot support the additional financial hardship and burden of several hundred non-paying apartment dwellers accessing the private property of the Water Oak Community;

- Expected increase in traffic from apartment dwellers driving through the Water Oak Community to access the upcoming convenience store to the West of the Water Oak Community.

o Hwy 29 traffic congestion and safety concerns, as follows:

- The Hwy 29 corridor, between I-35 and Liberty Hill, is overly congested and unsafe.

• C.R.I.S. records show over the past 2 ½ years there have been over 18 crashes involving speed, and at least 8 fatalities on Hwy 29 within Williamson County.

o Sheriff Cody and the Liberty Hill Police Department recently conducted a week-long effort to enforce speed limits and traffic regulations, citing over 100 drivers and warning another 100. The very next week, two people were killed at the intersection of Hwy 29 and Cimarron Hills.

- The addition of 348 additional units will exacerbate the traffic congestion and safety issues we are already experiencing. Turning into and out of the 3701 Hwy 29 proposed Water Oak Apartments will be extremely dangerous without the proper and necessary traffic signaling and turning lanes.

o Property value decline:

- Homes in the Water Oak Community struggle to sell compared to like communities within the area. While the majority of property value issues to-date have been a result of a bankrupt developer, the inclusion of an undesirable high-density, multi-family housing right next door will exacerbate the issue for current and prospective Homeowners;

- The Water Oak Community was marketed as Hill Country living, with mature live oaks, access to the South San Gabriel, walking trails, and conservation at heart. The Homeowners did not purchase their homes with the understanding that a multi-story, high-density apartment complex would literally be in their backyard.

o An increase of impervious cover at the level cited in the proposed development agreement will exacerbate water runoff issues already experienced by the Homeowners on Winding Way Drive, Fair Oaks Drive, Cross Mountain Trail, and other areas in the community.

- Water Oak at San Gabriel has a significant drop in elevation from Hwy 29 down to the South San Gabriel, which leads to significant runoff. The Water Oak Community currently has four detention ponds with two more under construction.

- Increasing the impervious cover of the subject property on higher ground above the Homeowners on Winding Way Drive, Fair Oaks Drive, and Cross Mountain Trail will exacerbate runoff issues for these Homeowners and create an undue financial hardship. This seems completely unacceptable and creates a dangerous flood liability for our community.


Solution
The undersigned Homeowners urge the City Council to seriously consider whether or not they would want this development in their backyard and/or if they would consider purchasing a home in a community with an apartment building looming over the backyard. We respectfully propose a collaborative effort between the City and the Water Oak Community, in order to make this proposed project work for the mutual benefit of the City, the Developer and the Water Oak Community.