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File #: RES-1163    Version: 1 Name: Lakeside Municipal Utility District No. 5 Amendment
Type: Resolution Status: Consent Agenda
File created: 11/3/2023 In control: Planning and Zoning Commission
On agenda: 11/14/2023 Final action: 11/14/2023
Title: Approving a resolution approving the Amendment to the Amended and Restated Comprehensive Development Agreement for Lakeside Municipal Utility District No. 5 and authorizing the City Manager to execute the same.
Attachments: 1. Resolution, 2. Concept Hodde Site Plan and Renderings, 3. Conceptual Land Use Plan from Amended and Restated MUD 5 Consent Agreement
Title
Approving a resolution approving the Amendment to the Amended and Restated Comprehensive Development Agreement for Lakeside Municipal Utility District No. 5 and authorizing the City Manager to execute the same.

Summary
In 2004 the City entered into a Comprehensive Development and Consent Agreement for Lakeside Water Control Improvement District (WCID) No. 5, which was later amended in 2006 and then again in 2011. In 2017 the Developer for Lakeside WCID, now known as Municipal Utility District (MUD) No. 5, expressed interest in adding land to the area known as Lakeside MUD 5. In 2019, Lakeside MUD 5 was further amended to include a total of 850.6 acres of single family residential totaling to 3,456 dwelling units; 34.2 acres of commercial; 15.7 acres for a school site; 6.2 acres for a public facility; 43.5 acres of right of way; and 219.1 acres of open space. The property is in the ETJ and only subject to the development requirements approved with the agreement.
The proposed amendment is to address the commercial area located along Hodde Ln and Cele Rd that was established with the 2019 amendment and identified as "Retail". The current agreement requires the property to be developed consistently with the Retail zoning district as outlined in the Unified Development Code, as amended. The developer has proposed amendments to the development agreement to deviate from several of the Unified Development Code requirements as listed below to establish a commercial development that will serve the immediate area.
Land use: The proposed amendment includes the addition of a single drive thru location on the tracts marked "Retail" on the Conceptual Land Use Plan in the development agreement, which is not currently permitted in the Retail district per the Unified Development Code. In exchange for the allowance of the drive thru allowance, the developer has proposed to remove the gas station land use from all tracts identified as Retail in the concept plan, which would...

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