HomeMy WebLinkAboutAgenda CC 03.26.2019 SpecialN otice of M eeting of the
Governing B ody of the
C ity of Georgetown, Texas
M arch 26 , 20 19
The Georgetown City Council will meet on March 26, 2019 at 3:00 P M at Council and Courts
Building, 510 W 9th Street Georgetown, TX 78626
The City of Georgetown is committed to compliance with the Americans with Disabilities Act (AD A).
If you require assistance in participating at a public meeting due to a disability, as defined under the
AD A, reasonable assistance, adaptations, or accommodations will be provided upon request. P lease
contact the City Secretary's Office, at least three (3) days prior to the scheduled meeting date, at (512)
930-3652 or City Hall at 808 Martin Luther King J r. Street, Georgetown, TX 78626 for additional
information; TTY users route through Relay Texas at 711.
Call to O r de r - This is a S pe cial M e eting of the C ouncil.
Le gislative Re gular Age nda
A F i rst P ubl i c Heari ng for the vol untary annexati on of an approximate 0.63-acre tract in the
L.P. Dyches Survey, Abstract No. 171, and i ni ti al zoni ng desi gnati on of General Commercial
(C-3) zoning district upon annexation, for the property generally located at 8400 R R 2338, to be
a part of Hi ghl and Vi l l age -- Nat Waggoner, AIC P, P M P, Long Range P lanning Manager
Adjournme nt
Ce rtificate of Posting
I, R obyn Densmore, C ity S ecretary for the C ity of G eorgetown, Texas, do hereby c ertify that
this Notice of Meeting was pos ted at C ity Hall, 808 Martin Luther King Jr. S treet,
G eorgetown, T X 78626, a plac e readily ac cessible to the general public at all times, on the
_____ day of _________________, 2019, at __________, and remained s o posted for at
leas t 72 c ontinuous hours prec eding the s cheduled time of said meeting.
__________________________________
R obyn Dens more, C ity S ec retary
Page 1 of 30
City of Georgetown, Texas
City Council Special Meeting
March 26, 2019
S UBJEC T:
F i rst P ubl i c Heari ng for the vol untary annexati on of an approximate 0.63-acre tract in the L.P. Dyches Survey,
Abstract No. 171, and i ni ti al zoni ng desi gnati on of General Commercial (C-3) zoning district upon annexation, for the
property generally located at 8400 R R 2338, to be a part of Hi ghl and Vi l l age -- Nat Waggoner, AIC P, P M P, Long
Range P lanning Manager
I T EM S UMMARY:
Overvi ew of Appl i cant’s Request:
The applicant is requesting annexation and initial zoning designation of General Commercial (C-3) for a 0.63-acre tract
generally lo cated along R R 2338, north of its intersection with CR 24 5. The subject pro perty will be a part of the
Highland Village development. The small portion of land was not o riginally included in the Highland Village Annexation,
Development Agreement, and P lanned Unit Deve lo pment (P UD). The subject property has a Future Land Use
designation of Mixed Use Community.
The item under consideration to night is to conduct the first public he aring for voluntary annexation and de signatio n of
General Commercial (C-3) as the initial zoning district de signatio n, submitted in ac c ordanc e with State Law. No action is
required for this public hearing.
Meeti ng Schedul e:
2/26/2019 – City Council Grant P etition for Annexation - C O M P LE TED
3/19/2019 – P &Z P ublic Hearing and Recommendation for Zoning Only - CO M P L ETE D
3/26/2019 at 3pm – City Council P ublic Hearing #1
3/26/2019 at 6pm – City Council P ublic Hearing #2
4/23/2019 – City Council First Reading of Ordinance
5/14/2019 – City Council Second Reading of Ordinance
P l anni ng and Zoni ng Commi ssi on (P &Z) Recommendati on:
At their March 19 , 2019 meeting, the P lanning and Zoning Commission held a public hearing and unanimously
recommended approval of the zoning designation request.
F I NANC I AL I MPAC T:
City services, including police and fire protection, emergency medical services, solid waste collection and disposal are
immediately subject to the property. Extension of capital improvements such as water and wastewater systems will be
subject to the City’s utility extension and improvement policy or the terms of any potential agreement with the property
owner.
S UBMI T T ED BY:
Chelsea Irby, Senior P lanner
AT TAC HMENT S :
Description
2019-1-ANX - P &Z S taff R eport
Exhibit 1 - Location Map
Exhibit 2 - F uture Land Us e Map
Exhibit 3 - Zoning Map
Exhibit 4 - C -3 S tandards and P ermitted Us es
Exhibit 5 - Letter of Intent
Exhibit 6 - P ublic C omments
Draft S ervice P lan
Metes and Bounds
Page 2 of 30
Planning and Zoning Commission
Planning Department Staff Report
2019-1-ANX
8400 RR 2338 Page 1 of 6
Report Date: March 15, 2019
Case No: 2019-1-ANX
Project Planner: Chelsea Irby, Senior Planner
Item Details
Project Name: 8400 RR 2338 (to be part of the Highland Village Development)
Project Location: 8400 RR 2338, within City Council district No. 3
Total Acreage: 0.63
Legal Description: 0.63 acres out of the L.P. Dyches Survey, Abstract No. 171
Applicant: Turley Associates, Inc. c/o Jennifer Ryken
Property Owner: Highland Village Georgetown, LP c/o Joe Birdwell
Request: Zoning Map Amendment to zone the subject property to General Commercial
(C-3) upon annexation
Case History: This is the first public hearing of this request.
Location Map
Page 3 of 30
Planning Department Staff Report
2019-1-ANX
8400 RR 2338 Page 2 of 6
Overview of Applicant’s Request
The applicant is requesting annexation and initial zoning designation of General Commercial (C-3) for
0.63 acres. The subject property will be a part of the Highland Village development. The small portion
of land was not originally included in the Highland Village Annexation, Development Agreement,
and Planned Unit Development (PUD) approved by City Council in 2018.
Site Information
Location:
The subject property is located along RR 2338 (known as Williams Dr within the city limits), east of the
intersection of RR 2338 and Ronald Reagan Blvd. It will be a part of the Highland Village Development,
which is approved through a Planned Unit Development.
Physical and Natural Features:
The subject property is flat with some tree cover. The property is currently vacant and undeveloped.
There are no notable features.
Future Land Use and Zoning Designations:
The subject property has a Future Land Use designation of Mixed Use Community. The property is not
zoned, as it’s currently in the City’s ETJ.
Surrounding Properties:
The surrounding area is vacant and undeveloped, however, there are many entitled developments in
the vicinity including Highland Village and Parmer Ranch, both of which are mixed-use development
consisting of a mix of residential and non-residential uses along the major corridors. Sun City, a
residential development, is located further to the east.
The current zoning, Future Land Use designation, and existing uses of the adjacent properties to the
north, south, east and west are outlined in the table below:
DIRECTION ZONING DISTRICT FUTURE LAND USE EXISTING USE
North
PUD with a based
district of RS and
C-3
Mixed Use Community
Vacant/Undeveloped
South (across
RR 2338) N/A - ETJ Low Density Residential
East
PUD with a based
district of RS and
C-3
Mixed Use Community
West
PUD with a based
district of RS and
C-3
Mixed Use Community
Page 4 of 30
Planning Department Staff Report
2019-1-ANX
8400 RR 2338 Page 3 of 6
Aerial Map
Property History:
This is the first development/planning application for this property.
Comprehensive Plan Guidance
Future Land Use Map:
The Mixed Use Community category is described in the 2030 Comprehensive Plan as intended for large
tracts of undeveloped land, which are appropriate for larger scale, creatively planned communities,
where a mix of residential types and densities are complemented by supporting retail, small to
medium-scale office development, and integrated open spaces, where appropriate.
Growth Tier:
The subject property is located within Growth Tier 1B. Tier 1B is the area within the present city limits,
or subject to a development agreement, surrounding Tier 1A that is generally under-served by
infrastructure and where such service and facilities will likely be needed to meet the growth needs of
the city once Tier 1A (that portion of the city where infrastructure systems are in place or can be
provided) approaches build-out. This includes area subject to development agreements or annexation
service plans, which mandate the provision of public facilities at varying levels of service. Other than
this commitment, the City’s priorities for capital improvements should focus on the development of a
full array of services and facilities with adequate capacities in Tier 1A, prior to initiating additional
major investments in Tier 1B.
Page 5 of 30
Planning Department Staff Report
2019-1-ANX
8400 RR 2338 Page 4 of 6
Utilities
The subject property is located within the City’s service area for water and wastewater. Additionally,
it is located within the Pedernales Electric Cooperative (PEC) service area for electric. It is anticipated
that there is adequate water and wastewater capacity to serve the subject property at this time. A Utility
Evaluation may be required at time of Subdivision Plat to determine capacity and any necessary utility
improvements.
Transportation
The subject property is located along RR 2338, a Major Arterial roadway per the City’s Overall
Transportation Plan (OTP).
Arterial streets provide traffic movement through and between different areas within the city and
access to adjacent land uses. Access is more controllable because driveway spacing requirements are
much greater and, if safety dictates, overall access can be limited to specific turning movements. Major
Arterials connect major traffic generators and land use concentrations and serve much larger traffic
volumes over greater distances.
A Traffic Impact Analysis (TIA) for the Highland Village development is currently under review by the
City’s Engineering Department.
Proposed Zoning district
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.
Permitted uses in this district include, but are not limited to, general retail, hotels, restaurants, and
general office. Other uses such as activity center, bar/tavern/pub, college/university, fuel sales, and
event facility among others are permitted subject to specific design limitations. Certain land uses,
including automotive sales, rental or leasing facilities, require a Special Use Permit (SUP). Exhibit 4
contains a comprehensive list of C-3 district permitted uses and development standards.
Intergovernmental and Interdepartmental Review
The proposed rezoning request was reviewed by all applicable City Departments to determine the
appropriateness of the requested zoning on the subject property. No comments were issued regarding
the zoning request.
Approval Criteria
Staff has reviewed the proposed rezoning request and has found that it complies with the criteria
established in UDC Section 3.06.030 for a Zoning Map Amendment, as outlined below:
REZONING APPROVAL CRITERIA FINDINGS STAFF COMMENTS
1. The application is complete
and the information Complies An application must provide the
necessary information to review and
Page 6 of 30
Planning Department Staff Report
2019-1-ANX
8400 RR 2338 Page 5 of 6
REZONING APPROVAL CRITERIA FINDINGS STAFF COMMENTS
contained within the
application is sufficient and
correct enough to allow
adequate review and final
action.
make a knowledgeable decision in order
for staff to schedule an application for
consideration by the Planning and
Zoning Commission and City Council.
This application was reviewed by staff
and deemed to be complete.
2. The zoning change is
consistent with the
Comprehensive Plan.
Complies
The General Commercial (C-3) zoning is
consistent with the Comprehensive Plan
because the property is designated as
Mixed Use Community, which
encourages a mix of residential and
supporting retail and other commercial
uses. In addition, this property is located
near a Regional Commercial and
Community Commercial nodes, both of
which encourage and support
commercial uses that support the
community and nearby neighborhoods.
3. The zoning change
promotes the health, safety
or general welfare of the
City and the safe orderly,
and healthful development
of the City.
Complies
The request promotes orderly
development because the General
Commercial (C-3) district is consistent
with the Highland Village PUD, which
has a base zoning district of C-3 on the
area surrounding the subject property. C-
3 is also appropriate along major
transportation corridors, such as RR 2338.
The properties across the roadway are
undeveloped, but are designated as Low
Density Residential on the Future Land
Use map. Commercial uses are
appropriate near residential areas to
support the needs of residents.
4. The zoning change is
compatible with the present
zoning and conforming uses
of nearby property and with
the character of the
neighborhood.
Complies
5. The property to be rezoned
is suitable for uses
permitted by the District
that would be applied by
the proposed amendment.
Complies
While the 0.63 acre-property by itself is
not suitable for the General Commercial
(C-3) zoning district because of size, the
site is adjacent to and is intended to
become part of the Highland Village
project. This property is planned to be
platted as a part of the larger
development, which will create
commercial properties along FM 2338
large enough to be developed to the
dimensional standards of the C-3 zoning
district.
Page 7 of 30
Planning Department Staff Report
2019-1-ANX
8400 RR 2338 Page 6 of 6
In summary, the proposed C-3 zoning upon annexation is found to be appropriate for the subject
property. The purpose of the annexation request is to add a small area of land to the Highland Village
development, a mixed-use development consisting of residential and commercial uses along this
corridor. The proposed zoning is appropriate along a major roadway and is compatible with the
Highland Village PUD.
Meetings Schedule
City Council Resolution - 2/26/2019 - COMPLETE
Planning & Zoning Commission (Zoning Only) - 3/19/2019
City Council Public Hearing 1- 3/26/2019
City Council Public Hearing 2- 3/26/2019
City Council 1st Ordinance Reading - 4/23/2019
City Council 2nd Ordinance Reading - 5/14/2019
Public Notification
As required by the Unified Development Code, all property owners within a 200-foot radius of the
subject property and within the subdivision were notified of the Zoning Map Amendment request (2
notices), a legal notice advertising the public hearing was placed in the Sun Newspaper (March 3, 2019
and signs were posted on-site. To date, staff has received one (1) written comments in favor, and zero
(0) in opposition to the request.
Attachments
Exhibit 1 – Location Map
Exhibit 2 – Future Land Use Map
Exhibit 3 – Zoning Map
Exhibit 4 – Design and development standards of the C-3 zoning district
Exhibit 5 – Letter of Intent
Exhibit 6 – Public Comments
Page 8 of 30
H E I D E R O S A R U N
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J E N N I N G S B R A N C H R D
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RR 2338
CR 245
I N D I A N S P R I N G S R D
G A B R I E L V I S T A
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2019-1-ANXExhibit #1
Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only
¯
Location Map LegendSiteParcelsCity LimitsGeorgetown ETJ
0 0.25 0.5Mi
Ronald Reagan Blvd
Page 9 of 30
RM 2338
RONALDWREAGAN BLVD
Coordin at e System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only
¯
Future Land Use / Overall Transportation Plan
Exhibit #2
2019-1-ANX
Legend
Thoroug hfare
Future Land U se
Institutional
Regional Commercial
Comm unity Commercial
Em ployment Center
Low Density Residential
Mining
Mixed Use Community
Mixed Use Neighborhood Center
Moderate Density Residential
Open Space
Specialty M ixed Use Area
Ag / Rural Residential
Existing Collector
Existing Freeway
Existing Major Arterial
Existing Minor Arterial
Existing Ram p
Proposed Collector
Proposed Freeway
Propsed Frontage Road
Proposed Major Arterial
Proposed Minor Arterial
Proposed Railroad
High Density Residential
LegendSiteParcelsCity LimitsGeorgetown ETJ
0 500 1,000Fee t
Page 10 of 30
RM 2338
RONALDWREAGAN BLVD
Zon in g Information2019-1-ANXExhibit #3
Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only
LegendSiteParcelsCity LimitsGeorgetown ETJ
¯
0 500 1,000Fee t
Page 11 of 30
Maximum Building Height = 60 feet Side Setback = 10 feet Bufferyard = 15 feet with plantings
Front Setback = 25 feet Side Setback to Residential = 15 feet adjacent to AG, RE, RL, RS, TF, MH,
(0 feet for build-to/downtown)Rear Setback = 10 feet MF-1, or MF-2 districts
Rear Setback to Residential = 25 feet
Allowed by Right Subject to Limitations Special Use Permit (SUP) Required
Agricultural Sales Activity Center (youth/senior)Auto. Parts Sales (outdoor)
Artisan Studio/Gallery Athletic Facility, Indoor or Outdoor Auto. Repair & Service, General
Assisted Living Bar/Tavern/Pub Auto. Sales, Rental, Leasing
Automotive Parts Sales (indoor)Business/Trade School Bus Barn
Auto. Repair and Service, Limited Church (with columbarium)Cemetary, Columbaria, Mausoleum, or
Memorial Park
Banking/Financial Services College/University Correctional Facility
Blood/Plasma Center Commercial Recreation Firing Range, Indoor
Car Wash Community Center Flea Market
Consumer Repair Dance Hall/Night Club Hospital, Psychiatric
Dry Cleaning Service Data Center Lumber Yard
Emergency Services Station Day Care (group/commercial)Major Event Entertainment
Event Catering/Equipment Rental Driving Range Manufactured Housing Sales
Farmer's Market Event Facility Meat Market
Fitness Center Fuel Sales Multifamily Attached
Food Catering Services Heliport Recreational Vehicle Sales, Rental,
Funeral Home Kennel Self-Storage (indoor or outdoor)
General Retail Live Music/Entertainment Substance Abuse Treatment Facility
General Office Micro Brewery/Winery Transient Service Facility
Government/Postal Office Neighborhood Amenity Center Wireless Transmission Facility (41'+)
Home Health Care Services Park (neighborhood/regional)
Hospital Pest Control/Janitorial Services
Hotel/Inn/Motel (incl. extended stay)School (Elementary, Middle, High)
Integrated Office Center Upper-story Residential
Landscape/Garden Sales Wireless Transmission Facility (<41')
Laundromat
Library/Museum
Medical Diagnostic Center
Medical Office/Clinic/Complex
Membership Club/Lodge
Nature Preserve/Community Garden
Nursing/Convalescent/Hospice
Parking Lot (commercial/park-n-ride)
Personal Services (inc. Restricted)
Printing/Mailing/Copying Services
Private Transport Dispatch Facility
Restaurant (general/drive-through)
Small Engine Repair
Social Service Facility
Surgery/Post Surgery Recovery
Theater (movie/live)
Transit Passenger Terminal
Urgent Care Facility
Utilities (Minor/Intermediate/Major)
Veterinary Clinic (indoor only)
General Commercial (C-3) District
District Development Standards
Specific Uses Allowed within the District
Page 12 of 30
Page 13 of 30
Page 14 of 30
Page 15 of 30
Annexation Service Plan Page 1 of 13
Area: 8400 RM 2338
Exhibit C
CITY OF GEORGETOWN
ANNEXATION SERVICE PLAN
AREA: 8400 RM 2338
COUNCIL DISTRICT NO.: 3
DATE: MAY 14, 2019
I. INTRODUCTION
This Service Plan (the “Plan”) is made by the City of Georgetown, Texas (“City”) pursuant to
Sections 43.056(b)-(o); 43.062, and 43.052(h)(1) of the Texas Local Government Code (“LGC”).
This Plan relates to the annexation into the City of the land shown on Exhibit “A” to this Service
Plan, which is referred to as “8400 RM 2338”. The provisions of this Plan were made available
for public inspection and explained to the public at the two public hearings held by the City on
March 26, 2019, at 3pm, and March 26, 2019, at 6pm, in accordance with Section 43.056(j) of the
LGC.
II. TERM OF SERVICE PLAN
Pursuant to Section 43.056(l) of the LGC, this Plan shall be in effect for a ten-year period
commencing on the effective date of the ordinance approving the annexation. Renewal of the
Plan shall be at the discretion of the City Council and must be accomplished by Ordinance.
III. INTENT
It is the intent of the City that municipal services under this Plan shall provide municipal
services in accordance with the timetables required by the LGC. The City reserves the rights
guaranteed to it by the LGC to amend this Plan if the City Council determines that changed
conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the
LGC or other Texas laws that make this Plan unworkable, obsolete, or unlawful.
IV. CATEGORIZATION OF MUNICIPAL SERVICES
The municipal services described herein are categorized by those services which are (1)
available to the annexed area immediately upon annexation; (2) those services which will be
available to the annexed area within 2½ years from the effective date of the annexation; and (3)
those services for which capital improvements are needed and which will be available within
4½ years from the effective date of the annexation based upon a schedule for construction of
such improvements as set forth herein.
Page 16 of 30
Annexation Service Plan Page 2 of 13
Area: 8400 RM 2338
For the purposes of this Plan, “provision of services” includes having services provided by any
method or means by which the City provides municipal services to any other areas of the City,
and may include causing or allowing private utilities, governmental entities and other public
service organizations to provide such services by contract, in whole or in part , and may include
duties on the part of a private landowner with regard to such services.
In addition, in accordance with Section 43.056(g) of the LGC, if before annexation the annexed
area had a lower level of services, infrastructure, and infrastructure maintenance than the same
being provided by the City to other areas within the City limits, this Plan shall be construed to
allow for the provision to the annexed area of a level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services, infrastructure, and
infrastructure maintenance in other parts of the City with topography, land use, and population
density similar to those reasonably contemplated or projected in the annexed area.
V. SERVICES TO BE PROVIDED UPON ANNEXATION
1. Police Protection –Upon annexation, the Georgetown Police Department will extend
regular and routine patrols to the area.
2. Fire Protection and Emergency Medical Services– Upon annexation, in the areas
where the City has jurisdiction over fire protection and emergency medical services
or a contract under which the City provides such services, the City of Georgetown
Fire Department will provide response services in the annexed area consisting of:
fire suppression and rescue; emergency response to 9-1-1 calls; fire prevention
education efforts, and other duties and services provided by the Georgetown Fire
Department to areas within the City limits.
3. Solid Waste Collection – Upon annexation, for occupied structures, the City will
provide solid waste collection services to the annexed area in accordance with City
ordinances and policies in effect on the date of the annexation. However, per th e
terms of Sections 43.056(n) and (o) of the LGC, if a property owner chooses to
continue to use the services of a privately owned solid waste management provider,
the City is prevented from providing solid waste services for 2 years.
4. Operation and Maintenance of Water and Wastewater Facilities in the Annexed
Area that Are Not Within the Area of Another Water or Wastewater Utility – City-
owned water and wastewater facilities that exist in the annexed area will be
maintained upon annexation and such maintenance shall be governed by the City’s
ordinances, standards, policies and procedures. Per the provisions of Section 13.01 .
020 of the Unified Development Code (“UDC”), for unplatted tracts in the annexed
area, the City shall not repair, maintain, install or provide any public utilities or
services in any subdivision for which a Final Plat has not been approved and filed
for record, nor in which the standards contained in the UDC or referred to therein
have not been complied with in full.
Page 17 of 30
Annexation Service Plan Page 3 of 13
Area: 8400 RM 2338
5. Operation and Maintenance of Streets, Roads, and Street Lighting – The City will
provide preventative maintenance of the existing public streets and roads in the
annexed area over which it has jurisdiction through maintenance and preventative
maintenance services such as emergency pavement repair; ice and snow monitoring;
crack seal, sealcoat, slurry seal, and PM overlay; and other routine repair. The City
shall not maintain private roads in the annexed area. Preventative maintenance
projects are prioritized on a City-wide basis and scheduled based on a variety of
factors, including surface condition, rideability, age, traffic volume, functional
classification, and available funding. As new streets are dedicated and accepted for
maintenance they will be included in the City’s preventative maintenance program.
Per the provisions of Section 13.01.020 of the UDC, for unplatted tracts in the
annexed area, the City shall not repair, maintain, install or provide any streets or
street lighting to any subdivision for which a Final Plat has not been approved and
filed for record, nor in which the standards contained in the UDC or referred to
therein have not been complied with in full. With regard to street lighting, it is the
policy of the City of Georgetown that adequate stree t lighting for the protection of
the public and property be installed in all new subdivisions. Installation procedures
and acceptable standards for street lights shall be governed by the utility standards
of the City in effect at the time of subdivision construction or addition thereto.
6. Operation and Maintenance of Public Parks, Playgrounds, and Swimming Pools -
Upon annexation, publicly owned parks, playgrounds, and swimming pools in the
annexed area (if any) will be operated and maintained by the City in accordance
with the Section 12.20 of the City Code of Ordinances, and other applicable
ordinances, policies, and procedures in effect at the time of annexation for other
areas in the City limits. Privately owned parks, playgrounds, and pools will be
unaffected by the annexation and shall not be maintained by the City.
7. Operation and Maintenance of Publicly Owned Buildings, Facilities, and Services
– Should the City acquire any buildings, facilities or services necessary for municipal
services in the annexed area, an appropriate City department will operate and
maintain them.
8. Library – Upon annexation, library privileges will be available to anyone residing in
the annexed area.
9. Planning and Development, Building Permits, and Inspections Services; - Upon
annexation, the City’s Unified Development Code and Title 15 of the City Code of
Ordinances will apply in the area. These services include: site plan review, zoning
approvals, Building Code and other standard Code inspection services and City
Code enforcement; sign regulations and permits; and Stormwater Permit services.
For a full description of these services, see the City’s Unified Development Code and
Title 15 of the City Code of Ordinances.
Page 18 of 30
Annexation Service Plan Page 4 of 13
Area: 8400 RM 2338
10. Animal Control Services – The provisions of Chapter 7 of the City Code of
Ordinances relating to animal control services shall apply in the annexed area.
11. Business Licenses and Regulations – The provisions of Chapter 6 of the City Code
of Ordinances relating to business licenses and regulations (Carnivals Circuses and
Other Exhibitions; Electrician’s Licenses; Gross Receipts Charge or Street Rental;
Peddlers and Solicitors; Taxicabs, Buses and Other Vehicles for Hire; Horse Drawn
Carriages and other Non-Motorized Vehicles for Hire; Sexually Oriented Businesses;
and Alcoholic Beverages) shall apply in the annexed area.
12. Health and Safety Regulations – The provisions of Chapter 8 of the City Code of
Ordinance relating to health and safety regulations (Fire Prevention Code;
Fireworks; Food Sanitation; Noise Control; Nuisances; Junked Motor Vehicles; and
Smoking in Public Places) shall apply in the annexed area.
13. Regulations Pertaining to Peace, Morals and Welfare -- The provisions of Chapter 9
of the City Code of Ordinance relating to peace, morals and welfare (Housing
Discrimination; Weapons; and Enforcement of Other Miscellaneous Violations) shall
apply in the annexed area.
VI. SERVICES TO BE PROVIDED WITHIN 4½ YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS
PROGRAM
1. In General – The City will initiate the construction of capital improvements necessary
for providing municipal services for the annexation area as necessary for services that
are provided directly by the City.
2. Water and Wastewater Services– Water and wastewater services are only provided to
occupied lots that have been legally subdivided and platted or are otherwise a legal lot,
and that are located within the boundaries of the City’s authorized service areas.
Further, existing residences in the annexed area that were served by a functioning onsite
sewer system (septic system) shall continue to use such private system for wastewater
services in conformance with the provisions of Section 13.20 of the City Code of
Ordinances. Existing non-residential establishments in the annexed area may continue
to use an onsite sewer system (septic system) for sewage disposal in conformance with
the provisions of Section 13.20 of the City Code of Ordinances. Upon the Development
of any property in the annexed area, the provisions of Chapter 13 of the UDC shall
apply. The City shall have no obligation to extend water or wastewater service to any
part of the annexed area that is within the service area of another water or wastewater
utility. For annexed areas located within the City’s authorized service areas, the City
shall, subject to the terms and conditions of this Plan, extend water and wastewater
service in accordance with the service extension ordinances, policies, and standards that
are summarized in Section X of this Plan, which may require that the property owner or
developer of a newly developed tract install water and wastewater lines. The extension
Page 19 of 30
Annexation Service Plan Page 5 of 13
Area: 8400 RM 2338
of water and wastewater services will be provided in accordance with the policies
summarized in Section X of this Plan and with any applicable construction and design
standards manuals adopted by the City.
3. Water and Wastewater Capital Improvements Schedule – Because of the time required
to design and construct the necessary water and wastewater facilities to serve the
annexed area, certain services cannot be reasonably provided within 2½ years of the
effective date of annexation. Therefore, in accordance with Sections 43.065(b) and (e) of
the LGC, the City shall implement a program, which will be initiated after the effective
date of the annexation and include the acquisition or construction of capital
improvements necessary for providing water and wastewater services to the area. The
following schedule for improvements is proposed: construction will commence within 2
½ years from the effective date of annexation and will be substantially complete within 4
½ years from the effective date of annexation. However, the provisions of Section VII of
this Plan shall apply to the schedule for completion of all capital improvements. In
addition, the acquisition or construction of the improvements shall be accomplished by
purchase, lease, or other contract or by the City succeeding to the powers, duties, assets,
and obligations of a conservation and reclamation district as authorized or required by
law.
4. Roads and Streets – No road or street related capital improvements are necessary at this
time. Future extension of roads or streets and installation of traffic control devices will
be governed by the City’s Comprehensive Plan, the City’s Overall Transportation Plan,
the City’s Capital Improvements Plan; the City’s regular or non-impact fee Capital
Improvements Program, and any applicable City ordinances, policies, and procedures,
which may require that the property owner or developer install roads and str eets at the
property owner’s or developer’s expense. It is anticipated that the developer of new
subdivisions in the area will install street lighting in accordance with the City’s standard
policies and procedures. Provision of street lighting will be in accordance with the
City’s street lighting policies.
5. Capital Improvements for Other Municipal Services – No capital improvements are
necessary at this time to provide municipal Police; Fire Protection; Emergency Medical
Services; Solid Waste Collection; Public Parks, Playgrounds, or Swimming Pools; Public
Buildings or Facilities; or Library Services. The annexed area will be included in the
City’s future planning for new or expanded capital improvements and evaluated on the
same basis and in accordance with the same standards as similarly situated areas of the
City.
VII. FORCE MAJEURE AND SCHEDULE EXTENSIONS
1. Certain events, described as Force Majeure Events in this Plan, are those over which the
City has no control. Force Majeure Events shall include, but not be limited to, acts of
God; terrorism or acts of a public enemy; war; blockages; riots; strikes; epidemics; forces
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of nature including landslides, lightening, earthquakes, fires, storms, floods, washouts,
droughts, tornadoes, hurricanes; arrest and restraint of government; explosions;
collisions, and all other inabilities of the City, whether similar to those enumerated or
otherwise, which are not within the control of the City. Any deadlines or other
provisions of this Plan that are affected by a Force Majeure Event shall be automatically
extended to account for delays caused by such Force Majeure Event.
2. In accordance with Section 43.056(e) of the LGC, this Plan and the schedules for capital
improvements necessary to provide full municipal services to the annexed area may be
amended by the City to extend the period for construction if the construction is
proceeding with all deliberate speed. The construction of the improvements shall be
accomplished in a continuous process and shall be completed as soon as reasonably
possible, consistent with generally accepted local engineering and architectural
standards and practices. However, the City does not violate this Plan if the construction
process is interrupted for any reason by circumstances beyond the direct control of the
City.
VIII. AMENDMENTS
Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the
Plan is a contractual obligation that is not subject to amendment or repeal except as provided by
state law. Section 43.056(k) of the LGC provides that if the City Council determines, after public
hearings, that changed conditions or subsequent occurrences make the Plan unworkable or
obsolete, the City Council may amend the Plan to conform to the changed conditions or
subsequent occurrences. An amended Plan must provide for services that are comparable to or
better than those established in the Plan before amendment. Before any Plan amendments are
adopted, the City Council must provide an opportunity for interested persons to be heard at
public hearings called and held in the manner provided by Section 43.0561 of the LGC.
IX. FEES
The City may impose a fee for any municipal service in the area annexed if the same type of fee
is imposed within the corporate boundaries of the City. All City fees are subject to revision
from time to time by the City in its sole discretion.
X. SUMMARY OF CURRENT WATER AND WASTEWATER SERVICE EXTENSION POLICIES
Per the requirements of Section 43.056(e) of the LGC, the following summary is provided
regarding the City’s current service extension policies for water and wastewater service.
However, this is a summary of the current policies, and the policies and regulations related to
water and wastewater utility extensions that are included in the City Code of Ordinances, the
Unified Development Code, the City’s Construction and Specifications Manual; Drainage
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Area: 8400 RM 2338
Manual, and other published policies and technical manuals, as the same may be amended from
time to time, shall control the extension of water and wastewater services to the annexed area.
In addition, these policies and ordinances are set by City Council and can be amended in the
future:
1. In General -- The provisions of Chapter 13 of the City’s Unified Development Code
(“UDC”) shall apply in the annexed area and Chapter 13 of the City Code of Ordinances.
Portions of the current Chapter 13 of the UDC and the current Chapter 13 of the Code of
Ordinances are summarized below. Note that these provisions are established by
ordinance of the City Council and are subject to change from time to time.
A. The City shall not repair, maintain, install or provide any water services,
wastewater service, gas, electricity or any other public utilities or services to any
property that has not been legally subdivided or is a non-legal lot.
B. For property that is required by the City’s UDC or other City regulations to
construct water or wastewater facilities, funding and construction of those
facilities are the responsibility of the property owner or developer (the
“subdivider”).
C. Subdividers shall be responsible for providing an approved public water supply
system for fire protection and domestic/ commercial/ industrial usage consistent
with the Comprehensive Plan. Where an approved public water supply or
distribution main is within reasonable distance of the subdivision, but in no case
less than one-quarter mile away, and connection to the system is both possible
and permissible (including adequate system capacity), the subdivider shall be
required to bear the cost of connecting the subdivision to such existing water
supply. The subdivider shall, consistent with all existing ordinances, make a pro-
rata contribution to funding of needed storage facilities, treatment facilit ies, and
specific distribution lines as determined necessary by the City.
D. Subdividers shall be responsible for providing an approved public sanitary
sewer system, consistent with the Comprehensive Plan, throughout the entire
subdivision such that all lots, parcels, or tracts of land will be capable of
connecting to the sanitary sewer system except as otherwise provided herein.
Where an approved public sanitary sewer collection main or outfall line is in no
case less than one-half mile away, and connection to the system is both possible
and permissible (including adequate system capacity), the subdivider shall be
required to bear the cost of connecting the subdivision to such existing sanitary
sewer system. Where an approved public wastewater collection main or outfall
line is more than one-half mile away from the property boundary, and where
extension of a sanitary sewer collection main or outfall line is scheduled in the
City’s Capital Improvements Plan to be completed to a point within one -half
mile of the property boundary within five (5) years from the date of the
Preliminary Plat approval, the subdivider shall be required to install a public
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wastewater collection system. The design and construction of a public sanitary
sewer system shall comply with regulations covering extension of public sanitary
sewer systems adopted by the Texas Commission on Environmental Quality.
E. All infrastructure and public improvements must be designed and installed in
accordance with all of the elements of the Comprehensive Plan and shall meet
the minimum requirements established by the UDC, the City's Construction
Standards and Specifications for Roads, Streets, Structures and Utilities, and any
other adopted City design or technical criteria. No main water line extension
shall be less than eight inches. All new public sanitary sewer systems shall be
designed and constructed to conform with the City’s Construction Standards and
Specifications and to operate on a gravity flow basis by taking advantage of
natural topographic conditions and thereby reducing the need for lift stations
and force mains.
2. If the specific undeveloped property does not have City water or wastewater facilities
and capacity fronting the property – the owner may make an application for an
extension of service to the property. If the Assistant City Manager for Utilities
determines in writing that adequate water or wastewater capacity is available, or will be
available, and if the project does not include City cost participation or reimbursement, if
the proposed facilities are depicted on the City’s Water and Wastewater Master Plans,
and the requested service otherwise meets the City’s requirements, the extension size,
capacity, and routing may be approved by the Assistant City Manager for Utilities for
construction by the developer at the developer’s cost and expense.
3. If the specific undeveloped property does have adequate City water or wastewater
facilities and capacity fronting the property – the owner may receive water or
wastewater service from the City by applying for a tap permit and paying the required
fees.
4. If any property in the annexed area is using a septic system – the property owner
remains responsible for the operation and maintenance of the septic system. If the
property is in a Rural Residential Subdivision as defined in Chapter 13 of the UDC, or is
a legal lot greater than one acre in size and used for single family residential purposes,
the property shall continue the use of a septic system after annexation until such time
that the use of the property changes, the property is further subdivided or developed, or
a public sanitary sewer line has been extended to within 200 feet of the property
boundary and the property owner has received notification from the City of the City’s
desire for the property to be connected to the public sanitary sewer line. If the septic
system fails before the City’s centralized wastewater service is extended to within 200
feet of the property and the City determines that the provision of centralized wastewater
service is not feasible or practical at that time, then the property owner must either
repair or replace the septic system in accordance with the provisions of Section 13.20 of
the City Code of Ordinances. Properties using a septic system that are not in a Rural
Residential Subdivision , or are not legal lots greater than one acre in size and used for
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single family residential purposes at the time of annexation, but that are designated as
either residential, open space or agricultural on the City’s Future Land Use Plan shall
continue the use of a septic system until such time that the use of the property changes,
the property is further subdivided or developed, or a public sanitary sewer line has been
extended to within 200 feet of the property boundary and the property owner has
received notification from the City of the City’s desire for the property to be connected
to the public sanitary sewer line.
5. Reimbursement and cost participation by the City – Pursuant to Section 13.09.030 of
the UDC, the City, in its sole discretion and with City Council approval, may participate
with a property owner or developer in the cost of oversized facilities or line extensions.
The actual calculation of the cost participation and reimbursement amounts, including
limits and schedules for the payments, are set forth in the UDC.
6. City Code of Ordinances: (The following provisions are set by the City Council and can
be amended in the future by ordinance.)
Chapter 13.10 of the City Code of Ordinances currently provides as follows:
Section 13.10.010 Policy established.
This policy shall apply to improvements to the City's utility systems, including system upgrades,
system expansion, and plant capacity additions. In this Section, the term “utility system” shall
mean the City’s water system, wastewater system, reuse irrigation system, and stormwater
drainage system.
Section 13.10.020 System Planning.
The City shall maintain and periodically update system plans for each utility so that system
improvements are implemented to maintain adequate capacity for growth while maintaining
proper service levels to existing customers.
Section 13.10.030 Project Timing.
A. Projects designed to expand or upgrade a utility system must be completed and
ready for operations such that capacity requirements by state regulatory agencies and City
system plans are met.
B. When possible, the City should coordinate the construction of system
improvements in a particular location with the expansion or maintenance of other utility
infrastructure to minimize the future impact on each utility.
C. Projects should begin the design phase when existing demand at a specific
location exceeds 75% of current capacity and future demand is expected to exceed the
current total capacity.
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D. Projects should begin the construction phase when existing demand at a specific
location exceeds 90% of current capacity and future demand is expected to exceed the
current total capacity.
E. Projects required to facilitate the development of a specific tract shall be done in
accordance with the Unified Development Code.
F. Projects required as a result of an annexation service plan shall be provided as
stated in the approved Service Plan for such annexed tracts.
Section 13.10.040 Project Financing.
A. Projects required to facilitate the subdivision of a specific tract shall be paid by
the subdivider in accordance with the Unified Development Code, unless otherwise
authorized in writing and approved by the City Council in accordance with the terms of
Section 13.09 of the Unified Development Code or other applicable law.
B. When utility expansion is requested within a portion of the City’s utility service
area, but the City is not otherwise required to provide service or planning to provide
service as reflected in the City’s Capital Improvements Plan, the City may nonetheless, at
the City’s sole option, facilitate the design and construction of the required utility
extensions or upgrades by managing the project with the cost of such extensions to be
shared and fully paid by the requesting landowners or subdividers prior to
commencement of the project.
C. When utility expansion is requested within a portion of the City’s utility service
area, the City shall evaluate degree to which the project 1) facilitates conti guous growth,
2) maximizes the provision of service to the service area, 3) enhances economic
development, 4) improves system operations, 5) contributes to conservation or other
environmental concern, and 6) facilitates the completion of the utility master plan.
D. At the City’s sole option, the City may also facilitate the installation of utility
expansion requests through 1) financial cost contribution, 2) financing of the
improvement using individual contracts between the City and each landowner for a
proportionate share of the project cost to be paid out over a specified period of time at a
specified rate of interest, 3) Impact Fee or connection fee reduction or waiver.
Chapter 13.20 of the City Code of Ordinances currently provides as follows:
Sec. 13.20.010. General.
A. It is unlawful for any owner or lessee, tenant or other person in possession of any
premises where any person lives or works, or occupies the same, to establish,
maintain or use any water closet, bathtub, lavatory or sink except by one of the
following means and consistent with the other terms, conditions and requirements of
this Chapter and with the City’s Unified Development Code:
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1. connection to an approved Onsite Sewage Facility that is constructed
and maintained in accordance with the rules and regulations of all
appropriate state and local agencies having jurisdiction over such
facilities; or
2. connection to a public centralized wastewater collection main with all
wastewater discharged to a centralized public wastewater collection
system.
B. Upon the “Development” of property, the provisions of Chapter 13 of the Unified
Development Code (pertaining to Infrastructure and Public Improvements) shall
govern the provision of wastewater service to the property. For the purposes of this
section, the term “Development” shall have the same meaning as in Section 16.05 of
the City’s Unified Development Code.
C. It is the duty of each such person referenced in subsection (A), above, to connect such
fixtures to an approved wastewater system, and to maintain the same.
Sec. 13.20.020. On Site Sewage Facilities.
A. General. All On Site Sewage Facilities must be constructed and maintained in
accordance with the rules and regulations of the appropriate state and local agencies
having jurisdiction over such facilities.
B. Availability of a Public Centralized Wastewater Collection Main. If a public
centralized wastewater collection main is located within 200 feet of a property line,
and the wastewater collection main has adequate capacity to receive and transport the
wastewater flow produced by the property, then property owner shall connect that
property to said utility line at the earliest to occur of either of the following events:
failure of the On Site Sewage Facility servicing the property, or the date that is five
(5) years after receipt of notice of the availability of a wastewater collection main
within 200-feet of the property line.
C. Failure of On Site Sewage Facility. When an Onsite Sewage Facility fails, the
following provisions shall apply:
a. If a public centralized wastewater collection main is located within 200 feet of
the property boundary, and the wastewater collection main has adequate capacity
to receive and transport the wastewater flow produced by the property, then the
property must be connected to said utility line by the property owner;
b. If no public centralized wastewater collection main is located within 200 feet of
the property boundary, the City shall evaluate the feasibility of providing
centralized wastewater collection services to the property via a gravity or low
pressure system. Where the provision of gravity sewer service or low pressure
system is technically feasible, utility system improvements may be made in
accordance with Chapters 13.10;
c. If the City determines that the provision of wastewater service via a centralized
wastewater collection main is not necessary due to existing or future land use,
then the On Site Sewage Facility may be repaired or replaced.
(Prior code § 12-101)
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Sec. 13.20.030. Privies prohibited.
It is unlawful for any owner or lessee, tenant or other person in possession of any premises in the
City to establish or maintain any privy or dry closet.
Sec.13.20.040 Low Pressure Sewer Systems
A. A “Low Pressure Sewer System” is an individual lift station located at each utility
customer or property owner location having a private force main connecting to a
public force main or gravity main located in a public utility easement or public
right-of-way.
B. Each property owner and utility customer shall be responsible for the cost of
installation and maintenance of the individual lift station and private force main.
Section 13.20.050. Prohibited Discharges into Sewer System
No person shall discharge, cause to be discharged, or permit to be discharged, either directly or
indirectly into the public sewer system, waste or wastewater from any of the following sources
unless allowed by the City Manager, or his/her designee:
A. Any wastes or wastewater that does not meet the limitations imposed by Section
13.24 of the Code of Ordinances.
B. Any stormwater, groundwater, rainwater, street drainage, subsurface drainage, or
yard drainage;
C. Any unpolluted water, including , but not limited to, cooling water, process water
or blow-down water from cooling towers or evaporative coolers;
D. Any wastes or wastewater, or any object, material, or other substance directly into
a manhole or other opening into the sewer facilities other than wastes or
wastewater through an approved service connection.
E. Any holding tank waste, provided, that such waste may be placed into facilities
designed to receive such wastes and approved by the City Manager, or his/her
designee.
Section 13.20.060 Sewer System Maintenance
A. For properties with gravity wastewater service, the property owner and utility
customer shall be responsible for the proper operation, maintenance, and repairs
of the sewer system in the building and the service lateral between the building
and the point of connection into the public sewer main.
B. For properties with low pressure service, the property owner and utility customer
shall be responsible for the proper operation, maintenance, and repairs of the
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Area: 8400 RM 2338
sewer system in the building and the service lateral, lift station (grinder pump)
and force main between the building and the point of connection into the public
sewer main.
C. When, as a part of sewer system testing, the City identifies a flaw in a private
service lateral or force main where a repair is necessary to prevent infiltration or
inflow, the property owner and utility customer shall be responsible to cause the
repairs to be made within one (1) year of the date of notification by the City.
D. If repairs are not complete within one year of notification by the City, City may
engage the services of a contractor to make the necessary repairs with the costs
for such repairs to be paid by the City and subsequently charged to property
owner and utility customer.
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