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HomeMy WebLinkAboutAgenda CC 10.23.2018 SpecialNotice of M eeting of the Governing B ody of the City of Georgetown, Texas O ct ober 2 3, 2 01 8 The Ge orgetown City Council will meet on October 2 3, 2018 at 3:00 PM at 1 01 East 7 th Street - City Council Chambers The City o f Georgetown is committed to co mpliance with the Americans with Disabilities Act (ADA). If you re quire assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or ac c ommo datio ns will be provided upo n request. P lease contact the City Se c retary's Office, at least three (3 ) days prio r to the scheduled meeting date, at (512) 930- 3652 o r City Hall at 113 East 8th Street fo r additional information; TTY use rs ro ute through Relay Texas at 7 11. Re gular Se ssion (This Regular Sessio n may, at any time, be re cessed to convene an Executive Se ssio n for any purpose authorize d by the Open Meetings Act, Texas Go vernment Code 551.) A CALL TO ORDER - A SPECIAL MEETING OF THE CITY COUNCIL Le gislative Re gular Age nda B F i r st P ubl i c Heari ng for the Vo l untary Annexati on and desi gnati o n o f i ni ti al zoni ng to Lo c al Co mmercial (C-1) zoning district upon annexation for an approximate 6 .375-acre tract in the Lewis P. Dyches Survey, Abstract No. 1 71 , and a portion of County Road (CR) 245, a right-of- way o f varying width described to Williamso n County, Texas, generally lo cated at Ronal d Reagan B o ul evard and CR 245, to be known as the Hi ghl and Vi l l age 2 No n-Resi denti al Tract -- Nat Waggo ner, AICP, PMP, Long Range P lanning Manager C F i r st P ubl i c Heari ng for the Vo l untary Annexati on and desi gnati o n o f Publ i c F aci l i ti es (P F) zo ni ng di stri ct for an appro ximate 22 .89 6-acre tract of land out of the William Addison League Survey, Abstract No. 21, and a po rtion o f County Road 110 (CR 11 0), a right-of-way of varying width of record described to the Williamson County, Texas, generally along CR 110, no rth o f CR 111, to be known as G e org etow n Independent Schoo l Di stri ct (G ISD) No. 11 -- Nat Waggo ner, AICP, PMP, Long Range P lanning Manager Adjournme nt Ce rtificate of Posting I, Shelley No wling, City S ecretary for the C ity of Geo rgeto wn, Texas , do hereby c ertify that this Notic e o f Meeting was posted at City Hall, 113 E. 8th Street, a p lac e read ily acc es s ib le to the general pub lic at all times , o n the _____ day of _________________, 2018, at __________, and remained so p o s ted for at leas t 72 c o ntinuo us ho urs p receding the s cheduled time of s aid meeting. Page 1 of 68 __________________________________ Shelley No wling, City S ecretary Page 2 of 68 City of Georgetown, Texas City Council Spec ia l Meeting October 23, 2018 SUBJECT: CALL TO ORDER - A SPECIAL MEETING OF THE CITY COUNCIL ITEM SUMMARY: n/a FINANCIAL IMPACT: n/a SUBMITTED BY: RLD for Shelle y Nowling Page 3 of 68 City of Georgetown, Texas City Council Spec ia l Meeting October 23, 2018 SUBJECT: Fi rst Publ i c Heari ng fo r the Vol untary Annexati on and desi gnati on of i ni ti al zo ni ng to Lo cal Commercial (C-1 ) zoning district upo n annexation for an approximate 6.3 75 -acre tract in the Lewis P. Dyches Survey, Abstract No. 171 , and a portion of County Ro ad (CR) 245, a right-of-way o f varying width described to Williamso n Co unty, Texas, generally located at Ronal d Reagan B oul evard and CR 24 5, to be kno wn as the Hi ghl and Vi l l age 2 Non-Resi denti al Tract -- Nat Waggoner, AICP, PMP, Long Range Planning Manager ITEM SUMMARY: Overvi ew of the Appl i cant's Request: On August 28, 2 01 8, the City Co uncil appro ved a resolution granting the petition fo r voluntary annexation of an approximate 6.3 75 -acre tract of land out of the Lewis P. Dyc he s Survey, Abstract No. 171, and a portion of County Ro ad 245 (CR 245), a right-o f-way of varying width o f record described to the Williamson County, Texas. With this pe tition, the applicant is requesting an initial zo ning designation of Local Co mmercial (C-1) for the subject property upon annexation. The actio n require d of Co uncil is to c onduct the first public hearing for the voluntary anne xatio n and designation o f initial zoning of Local Commercial (C-1) zoning distric t submitted in acco rdance with State Law and City Charter and ordinances, and take actio n to grant or deny the petitio n. Should the petition be granted, the City staff will proceed with the following tentative schedule: August 28 , 20 18 : Resolution on the Petitio n for Annexation - COMPLETED October 16 , 2018: P ublic Hearing (Zo ning Designation) at Planning and Zoning Commission Meeting - COMPLETED October 2 3, 2 01 8 @ 3pm: 1st Public Hearing held at City Council Meeting October 2 3, 2 01 8 @ 6pm: 2nd Public Hearing held at City Council Meeting Novembe r 27 , 20 18 : 1st Reading of Ordinance at City Council Meeting Decembe r 11, 2 01 8: 2nd Reading of Ordinanc e at City Council Meeting Pl anni ng and Zoni ng Commi ssi on Recommendati o n: The P lanning and Zo ning Commission unanimously recommended appro val of the C-1 zoning district at the October 1 6, 2018 meeting. FINANCIAL IMPACT: City services, including po lice and fire protectio n, e mergency medical services, so lid waste collection and disposal are immediately subje c t to the property. Extension of capital improvements such as wate r and wastewater systems will be subject to the City’s utility extension and improve ment policy or the terms of any po tential agreement with the prope rty owner. SUBMITTED BY: Robyn Miga, P lanne r ATTACHMENT S: Description ANX-2018-006 - P&Z Staff Rep o rt Exhib it 1 - Loc ation Map Exhib it 2 - Future Land Use Map Exhib it 3 - Zoning Map Exhib it 4 - C-1 Dis tric t Develo p ment Standards and Permitted Land Us es Exhib it 5 - Letter o f Intent (Petition) S ervic e Plan Page 4 of 68 Metes and Bo und s Des criptio n Page 5 of 68 Planning and Zoning Commission Planning Department Staff Report ANX-2018-006 Page 1 of 6 Highland Park Village II Report Date: October 12, 2018 File No: ANX-2018-006 Project Planner: Robyn Miga, Planner Item Details Project Name: Highland Village 2 Location: Near the intersection of Ronald Reagan Blvd and CR 245, within the extraterritorial jurisdiction. Total Acreage: 6.375 acres Legal Description: 6.375 acres out of the Lewis P. Dyches Survey, Abstract No. 171, and County Road (CR) 245, a right-of-way of varying width described to Williamson County, Texas Applicant: Steger Bizzell, c/o Curtis Steger, P.E. Property Owner: Highland Village Georgetown, LP, c/o Vernon W. Barge III Request: Zone approximately 6.375 acres to Local Commercial (C-1) upon annexation instead of the initial default zoning of Agriculture (AG). Case History: This is the first public hearing for this zoning case. Location Map Page 6 of 68 Planning Department Staff Report ANX-2018-006 Page 2 of 6 Highland Park Village II Overview of Applicant’s Request On August 28, 2018, the City Council approved a resolution granting the petition for voluntary annexation of an approximate 6.375-acre tract of land out of the Lewis P. Dyches Survey, Abstract No. 171, and a portion of County Road 245 (CR 245), a right-of-way of varying width of record described to the Williamson County, Texas. With this petition, the applicant is requesting an initial zoning designation of Local Commercial (C-1) for the subject property upon annexation. Site Information Location: The subject property is located northwest of the intersection of CR 245 and Ronald Reagan Blvd, northwest of the Sun City neighborhood. Physical Characteristics: The subject property is a vacant, undeveloped land. It has no special environmental or natural features. Future Land Use and Zoning Designations: The subject property has a Mixed Use Community and Community Commercial Future Land Use designations. It is currently located in the extraterritorial jurisdiction (ETJ), thus it has no zoning designation. Surrounding Properties: The subject property is located near recently entitled mixed-use Planned Unit Developments located along Ronald Reagan Blvd, and north and west of the existing Sun City neighborhood. It is also just southwest of residential area of large tract, ranch style homes that are developed in the ETJ . This tract is also in close proximity to Williams Drive (RM 2338), where a lot of redevelopment and new development of commercial, retail and offices is occurring along this major corridor. These commercial uses support the nearby residential, both in the ETJ and those developed in the City. A Municipal Utility District (MUD) is also located the west of the subject property, at the intersection of Ronald Reagan Blvd and Williams Dr. This MUD, known as Parmer Ranch, consists of a primarily residential development with mixed-uses anticipated along Williams Dr. The current zoning, Future Land Use designation, and existing uses of the adjacent properties are outlined in the table below: DIRECTION ZONING DISTRICT FUTURE LAND USE EXISTING USE North Extra-territorial Jurisdiction (ETJ) Mixed Use Community Vacant South Planned Unit Development Residential Single- Family (PUD RS) Mixed Use Community/Community Commercial Node Vacant East Planned Unit Development Moderate Density Residential/ Community Vacant Page 7 of 68 Planning Department Staff Report ANX-2018-006 Page 3 of 6 Highland Park Village II Property History The subject property is currently going through the voluntary annexation process with the City of Georgetown. In May 2018, the City entered into a revised Development Agreement concerning a 68.9-acre tract that includes the subject property to use available capacity in the existing wastewater system to handle flows from households and time the construction of a lift station, force main, and wastewater treatment plant for when the demand on the wastewater system justifies the investment to ensure capacity to accommodate growth. This Development Agreement proposes commercial on the subject property, and one-acre single-family residential lots on the remaining portion. 2030 Comprehensive Plan Guidance Future Land Use: The Mixed Use Community category is 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. Compatibility among these various uses will be maintained through design standards that address the locations, character and relationships between uses, while affording greater development flexibility than provided by standard zoning district classifications. The Community Commercial category applies to areas that accommodate retail, professional office, and service-oriented business activities that serve more than one residential neighborhood. These areas are typically configured as “nodes” of varying scales at the intersection of arterial roads, or at the intersection of arterials and collectors. Community commercial areas typically will include some neighborhood-serving commercial uses as well as larger retail uses including restaurants, specialty retail, mid-box stores, and smaller shopping centers. They may also include churches, governmental branch offices, schools, parks, and other civic facilities. 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. Residential Single- Family (PUD RS) Commercial Node West Extra-territorial Jurisdiction (ETJ) Mixed Use Community Vacant Page 8 of 68 Planning Department Staff Report ANX-2018-006 Page 4 of 6 Highland Park Village II Transportation Primary access to the subject property will be from Ronald Reagan Blvd and CR 245. Ronald Reagan Blvd is classified as a major arterial on the Overall Transportation Plan, and CR 245 is an existing major collector. 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. Minor Arterials connect lower functional classifications and major arterials and tend to be shorter in distance. Major Arterials connect major traffic generators and land use concentrations and serve much larger traffic volumes over greater distances. Major collectors are intended to balance traffic between arterial streets and local streets. These streets tend to carry a high volume of traffic over shorter distances, providing access and movement between neighborhoods, parks, schools, retail areas and the arterial street system. Utilities The subject property is located within the City of Georgetown service area for water and wastewater. Additionally, it is located within the Oncor service area for electric. It is anticipated there will be adequate infrastructure to serve the subject property per the approved Development Agreement. Proposed Zoning District The applicant is proposing to zone the property to Local Commercial (C-1). The C-1 District is intended to provide areas for commercial and retail activities that primarily serve residential areas. Uses should have pedestrian access to adjacent and nearby residential areas, but are not appropriate along re sidential streets or residential collectors. The district is more appropriate along major and minor thoroughfares and corridors. Permitted uses in this district include, but are not limited to, assisted living, financial centers, food catering services, general retail and office, and library and museums. Other uses such as bar/tavern/pun, car wash, church, and fuel sales are permitted subject to specific design limitations. Certain land uses, including event facilities, event market, and restricted person al services, require a Special Use Permit (SUP). Attachment 4 contains a comprehensive list of C-1 district permitted uses and development standards. Inter Departmental, Governmental and Agency Comments The proposed zoning 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. Staff Analysis Staff has reviewed the zoning request and determined that the proposed rezoning meets the criteria established in UDC Section 3.06.030 for a Zoning Map Amendment, as outlined below: Page 9 of 68 Planning Department Staff Report ANX-2018-006 Page 5 of 6 Highland Park Village II APPROVAL CRITERIA FINDINGS STAFF COMMENTS 1.The application is complete and the information contained within the application is sufficient and correct enough to allow adequate review and final action. Complies An application must provide the necessary information to review and make a knowledgeable decision in order for staff to schedule an application for consideration by P&Z and City Council. Staff reviewed the application and deemed it complete. 2.The zoning designation is consistent with the Comprehensive Plan. Complies The proposed zoning change is consistent with the Future Land Use element of the 2030 Comprehensive Plan. The Future Land Use map designates the property as Mixed Use Community, and is located at a Community Commercial Node, therefore zoning to Local Commercial (C-1) would meet the intent of these future land uses. 3.The zoning promotes the health, safety or general welfare of the City and the safe orderly, and healthful development of the City. Complies The proposed zoning district promotes the health, safety, and general welfare of the City by providing necessary commercial development at the corner of two (2) major thoroughfares and in close proximity to residential neighborhoods. 4.The zoning change is compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood. Complies The proposed zoning change is compatible with the immediate surrounding uses. The majority of land immediately adjacent to the subject property is undeveloped, either in the ETJ or zoned AG, which is the zoning district typically granted upon annexation, or PUD RS. Additional residential development is anticipated along the Ronald Reagan Blvd and CR 245 corridors, providing much needed commercial and service uses to these neighborhoods. 5.The property to be zoned is suitable for uses permitted by the District that would be applied by the proposed amendment. Complies The Local Commercial (C-1) zoning designation is an appropriate zoning district for this property due to its size (approximately four (4) acres) and location at two (2) major thoroughfares. Based on these findings, staff finds that the proposed request meets the criteria outlined in UDC Section 3.06.030 for a zoning map amendment (zoning). The proposed C-1 will allow for commercial development at the corner of two (2) major thoroughfares and in close proximity to residential neighborhoods. Page 10 of 68 Planning Department Staff Report ANX-2018-006 Page 6 of 6 Highland Park Village II Public Comments As required by the Unified Development Code, all property owners within a 200 foot radius of the subject property and within the city limits are required to receive written notice (4 notices) regarding the public hearing. A legal notice advertising the public he aring was placed in the Sun Newspaper (September 30, 2018) and a sign was posted on-site. No written or verbal comments have been received by the Planning Department staff. Meetings Schedule The public hearings regarding land use for this case correspond with the annexation schedule approved by City Council granting the petition. September 18, 2018: Planning and Zoning Commission Meeting October 23, 2018: 1st and 2nd Public Hearing held at City Council Meeting November 27, 2018: 1st Reading of Ordinance at City Council Meeting December 11, 2018: 2nd Reading of Ordinance at City Council Meeting Attachments Exhibit 1 – Location Map Exhibit 2 – Future Land Use Map Exhibit 3 – Zoning Map Exhibit 4 – C-1 District Development Standards and Permitted Land Uses Exhibit 5 – Applicant’s Letter of Intent Page 11 of 68 ")2338 R o n al d W R e a g a n B lv d RonaldWReaganBlvd ")245 ")2338 ANX-2018-006Exhibit #1 Coordi nate System : Texas State Plane/Centr al Zone/N AD 83/U S FeetCartographic Data For G eneral Plann ing Pu rpo ses Only ¯ Location Map LegendSiteParcelsCity LimitsGeorgetown ETJ 0 0.5 1Mi Page 12 of 68 ")2338 C R 2 4 5 R O N A L D W R E A G A N B L V D RM 2338 J E N N I N G S B R A N C H R D H E I D E R O S A R U N SOM E R S E T H I L L S D R S O M E R S E T M E A D O W W A Y Coor dinate System: Texas State Plane/Ce ntral Zone/NAD 83/US FeetCartographic D ata For Gen eral Planni ng Purposes O nly ¯ Future Land Use / Overall Transportation Plan Exhibit #2 AN X-201 8-006 Leg en d Thoroughfare Future Land Use In stitutional Re g ional Commercial Co m munity Comm ercial Employment Center Lo w Density Residential Mining Mixe d Use Com munity Mixe d Use Neighborhood Center Mo derate Density Residential Open Space Spe cialty M ixed Use Area Ag / Rural Residential Existing Collector Existing Freeway Existing Major Arterial Existing Minor Arterial Existing Ramp Pro p osed Collector Pro p osed Freeway Pro p sed Frontage Road Pro p osed M ajor Arterial Pro p osed M inor Arterial Pro p osed Railroad Hi gh Density Residential Legend Sit eParcelsCity L im itsGeorgetown ET J 0 500 1,000FeetPage 13 of 68 C R 2 4 5 R O N A L D W R E A G A N B L V D RM 2338 J E N N I N G S B R A N C H R D H E I D E R O S A R U N SOM E R S E T H I L L S D R S O M E R S E T M E A D O W W A Y Zoning InformationANX-201 8-006Exhibit #3 Co o rd inate System : Te xas S tate Plane/Ce ntral Z one /NAD 83/US Fe etCartographic D ata For Gener al Planning P ur po ses Only LegendSiteParcelsCity LimitsGeorgetown ETJ ¯ 0 500 1,000FeetPage 14 of 68 Minimum Lot Width = 50 feet Front Setback = 25 feet Bufferyard = 15 feet with plantings  Maximum Building Height = 35 feet      (0 feet for build‐to option)     adjacent to AG, RE, RL, RS, TF, MH,  Maximum Building Size = .5 FAR Side Setback = 10 feet      MF‐1, or MF‐2 districts      (only applies to those uses Side Setback to Residential = 15 feet      marked with * below) Rear Setback = 0 feet Rear Setback to Residential = 25 feet Allowed by Right Subject to Limitations Special Use Permit (SUP) Required Agricultural Sales* Activity Center (youth/senior) Event Facility Artisan Studio/Gallery* Bar/Tavern/Pub Meat Market Assisted Living Bed and Breakfast (with events) Multifamily Attached Automotive Parts Sales (indoor)* Business/Trade School Personal Services Restricted Banking/Financial Services* Car Wash Private Transport  Dispatch Facility Blood/Plasma Center* Church (with columbarium) Student Housing Consumer Repair* College/University Dry Cleaning Service* Commercial Recreation Emergency Services Station Community Center Farmer's Market* Dance Hall/Night Club Fitness Center* Day Care (group/commercial) Food Catering Services* Fuel Sales Funeral Home* Live Music/Entertainment General Retail* Micro Brewery/Winery General Office* Neighborhood Amenity Center Government/Postal Office Park (neighborhood/regional) Group Home (7+ residents) Pest Control/Janitorial Services * Home Health Care Services* Self‐Storage (indoor only) Hospital School (Elementary, Middle, High) Hotel/Inn (excluding extended stay) Theater (movie/live) 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* Printing/Mailing/Copying Services* Restaurant (general/drive‐through)* Rooming/Boarding House Social Service Facility Surgery/Post Surgery Recovery* Urgent Care Facility* Utilities (Minor/Intermediate/Major) Veterinary Clinic (indoor only)* Local Commercial (C‐1) District District Development Standards Specific Uses Allowed within the District Page 15 of 68 Page 16 of 68 Page 17 of 68 Annexation Service Plan Page 1 of 13 Area: Highland Village 2 Exhibit C CITY OF GEORGETOWN ANNEXATION SERVICE PLAN AREA: HIGHLAND VILLAGE 2 COUNCIL DISTRICT NO.: 3 DATE: NOVEMBER 27, 2018 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 “Highland Village 2”. 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 October 23, 2018, at 3pm and October 23, 2018, 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 18 of 68 Annexation Service Plan Page 2 of 13 Area: Highland Village 2 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 the 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 19 of 68 Annexation Service Plan Page 3 of 13 Area: Highland Village 2 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 street 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 20 of 68 Annexation Service Plan Page 4 of 13 Area: Highland Village 2 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 21 of 68 Annexation Service Plan Page 5 of 13 Area: Highland Village 2 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 streets 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 Page 22 of 68 Annexation Service Plan Page 6 of 13 Area: Highland Village 2 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 Page 23 of 68 Annexation Service Plan Page 7 of 13 Area: Highland Village 2 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 facilities, 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 Page 24 of 68 Annexation Service Plan Page 8 of 13 Area: Highland Village 2 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 Page 25 of 68 Annexation Service Plan Page 9 of 13 Area: Highland Village 2 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. Page 26 of 68 Annexation Service Plan Page 10 of 13 Area: Highland Village 2 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 contiguous 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: Page 27 of 68 Annexation Service Plan Page 11 of 13 Area: Highland Village 2 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) Page 28 of 68 Annexation Service Plan Page 12 of 13 Area: Highland Village 2 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 Page 29 of 68 Annexation Service Plan Page 13 of 13 Area: Highland Village 2 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. Page 30 of 68 Page 31 of 68 Page 32 of 68 Page 33 of 68 Page 34 of 68 City of Georgetown, Texas City Council Spec ia l Meeting October 23, 2018 SUBJECT: Fi rst Publ i c Heari ng fo r the Vol untary Annexati on and desi gnati on of P ubl i c F ac i l i ti es (P F) zoni ng di stri ct for an approximate 22.8 96 -acre tract of land out of the William Addison League Survey, Abstract No. 21, and a portion of County Road 11 0 (CR 11 0), a right-of-way of varying width o f record described to the Williamson County, Texas, generally along CR 11 0, no rth of CR 111, to be known as G eorgetow n Independent Schoo l Di stri ct (G ISD) No. 11 -- Nat Waggoner, AICP, PMP, Long Range Planning Manager ITEM SUMMARY: Overvi ew of the Appl i cant's Request: The applicant submitted a petition for the voluntary annexation of an appro ximate 22.896 acre tract of land to include a portion o f adjacent right-o f-way for Ro ckride Lane, with the request to have a base zoning district of P ublic Facilitie s (P F), for the property kno wn as Georgetown Independent Schoo l Distric t No. 11. The designation of the P F zo ning district is to be completed upon annexation instead of the default Agriculture (AG) zoning district, which will better accommodate the pro posed land use of an eleme ntary scho ol. The action required of Counc il is to the first public he aring fo r the voluntary annexation and designation of initial zo ning of Public Facilities (P F) submitted in accordance with State Law and City Charter and o rdinances. Should the petition be granted, the City staff will proceed with the following tentative schedule: August 14 , 20 18 : Grant the P etition for Annexation - COMPLETED August 21, 2 018: Public He aring (Zo ning Designatio n) at Planning and Zoning Commission Meeting @ 6pm - COMPLETED October 2 3, 2 01 8 @ 3pm: 1st Public Hearing held at City Council Meeting October 2 3, 2 01 8 @ 6pm: 2nd Public Hearing held at City Council Meeting Novembe r 13 , 20 18 : 1st Reading of Ordinance at City Council Meeting Novembe r 27 , 20 18 : 2nd Reading of Ordinance at City Council Meeting Pl anni ng and Zoni ng Commi ssi on Recommendati o n: The Planning and Zo ning Commissio n unanimously recommended approval of the P F zoning district at the August 2 1, 2018 meeting. FINANCIAL IMPACT: City services, including po lice and fire protectio n, e mergency medical services, so lid waste collection and disposal are immediately subje c t to the property. Extension of capital improvements such as wate r and wastewater systems will be subject to the City’s utility extension and improve ment policy or the terms of any po tential agreement with the prope rty owner. SUBMITTED BY: Robyn Miga, P lanne r ATTACHMENT S: Description ANX-2018-007 - P&Z Staff Rep o rt Exhib it 1 - Loc ation Map Exhib it 2 - Future Land Use Map Exhib it 3 - Zoning Map Exhib it 4 - PF Dis tric t Develo p ment Stand ards and Permitted Land Us es Exhib it 5 - Letter o f Intent (Petition) S ervic e Plan Page 35 of 68 Metes and Bo und s Des criptio n Page 36 of 68 Planning and Zoning Commission Planning Department Staff Report ANX-2018-007 Page 1 of 7 Georgetown ISD No. 11 Report Date: August 17, 2018 File No: ANX-2018-007 Project Planner: Robyn Miga, Planner Item Details Project Name: Georgetown Independent School District No. 11 Location: Near the intersection of CR 110 and CR 111, within the extraterritorial jurisdiction. Upon annexation, the subject property will be within District 7. Total Acreage: Approximately 22.896 acres Legal Description: 22.896 acres out of the William Addison League Survey, Abstract No. 21 Applicant: James Cummins, Steger Bizzell Property Owner: Georgetown Independent School District Request: Zone approximately 22.896 acres to Public Facilities (PF) upon annexation instead of the initial default zoning of Agriculture (AG). Case History: This is the first public hearing for this zoning case. Location Map Page 37 of 68 Planning Department Staff Report ANX-2018-007 Page 2 of 7 Georgetown ISD No. 11 Overview of Applicant’s Request The applicant submitted a petition for the voluntary annexation of an approximate 22.896 acre tract of land to include a portion of adjacent right-of-way for Rockride Lane, with the request to have a base zoning district of Public Facilities (PF), for the property known as Georgetown Independent School District No. 11. The designation of the PF zoning district is to be completed upon annexation instead of the default Agriculture (AG) zoning district, which will better accommodate the proposed land use of an elementary school. Site Information Location: The subject property is generally located east of CR 110 and north of CR 111. Physical Characteristics: The subject property is a vacant tract of land, with no significant environmental or man-made features. Future Land Use and Zoning Designations: The subject property has a Low Density Residential Future Land Use designation, and no zoning designation due to its location in the extraterritorial jurisdiction (ETJ). Surrounding Properties: The property is mostly surrounded by development located within the City’s extraterritorial jurisdiction (ETJ); however, there is some residentially (RS) zoned property west of the subject tract in this zoning case. Immediately to the west is the Fairhaven residential subdivision that is currently under construction. Within the last couple of years, this area of town has experienced an increase in single family development (zoning, subdivision plat and building permit reviews). This is evident in the below heat map depicting permit review in the last 6 months: Page 38 of 68 Planning Department Staff Report ANX-2018-007 Page 3 of 7 Georgetown ISD No. 11 The current zoning, Future Land Use designation, and existing uses of the adjacent properties are outlined in the table below: Property History The subject property is currently going through the voluntary annexation process with the City of Georgetown and is slated to be annexed October 23, 2018. This property is owned by Georgetown Independent School District. 2030 Comprehensive Plan Guidance Future Land Use: The 2030 Comprehensive Plan designates land use categories on this property is Low Density Residential. This category includes the city’s predominantly single-family neighborhoods that can be accommodated at a density between 1.1 and 3 dwelling units per gross acre. Conservation subdivisions are also encouraged in this land use district. Modifications to development standards applicable to this category could address minimum open space requirements, public facility impacts, DIRECTION ZONING DISTRICT FUTURE LAND USE EXISTING USE North Extra-territorial Jurisdiction (ETJ) Low Density Residential Residential South Extra-territorial Jurisdiction (ETJ) Low Density Residential Residential East Extra-territorial Jurisdiction (ETJ) Low Density Residential Vacant West Residential (RS) Moderate Density Residential Single Family Subdivision Page 39 of 68 Planning Department Staff Report ANX-2018-007 Page 4 of 7 Georgetown ISD No. 11 and greater roadway connectivity. This category may also support complementary non-residential uses along arterial roadways such as neighborhood-serving retail, office, institutional, and civic uses, although such uses may not be depicted on the Future Land Use Map. Standards should be established to maximize compatibility of these uses with adjacent land uses, minimize traffic congestion and overloading of public infrastructure, and also ensure a high standard of site, landscape, and architectural design. Growth Tier The subject property is located within Growth Tier 2. Tier 2 are those properties that lie outside the city limits, but within the City’s Extraterritorial Jurisdiction (ETJ). This area likely will be needed to serve the city’s growth needs over the next 10-20 years. Until annexation occurs, City land use and development controls are limited to subdivision review and signage, and in some cases building permits where City utilities are connected to new construction. However, the City may consider requests for annexation, extension of City services, and rezonings in this area. The City should first examine such requests based on objective criteria, such as contiguity (Policy 3A.2) and then require applicants to conduct a comprehensive impact assessment demonstrating that impacts can be adequately mitigated. Transportation Primary access to the subject property is from CR 111, which is identified in the Overall Transportation Plan as a Minor Arterial. 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. Minor Arterials connect lower functional classifications and major arterials and tend to be shorter in distance. Major Arterials connect major traffic generators and land use concentrations and serve much larger traffic volumes over greater distances. Utilities The subject property is located within the Jonah Special Utility District service area for water. It is within the City of Georgetown’s Wastewater service area. Additionally, it is located within the Oncor service area for electric. The services are nearby and will be extended at the developer’s expense in accordance with the UDC at the time of Subdivision Plat. It is anticipated there is adequate capacity to serve the subject property. Proposed Zoning District The applicant is proposing to rezone the property to Public Facility (PF). The PF district is intended to provide a location for government and other public or quasi-public facility operations. These may include schools, public parks, hospitals, airports, government offices, churches and other related uses, but would not include industrial facilities or storage yards. Some uses allowed in this district might generate heavy traffic volumes and high-intensity operations. The PF district shall contain uses that are allowed in both residential and non-residential districts and is subject to non-residential design and landscaping standards for compatibility with nearby or adjacent residential uses. Page 40 of 68 Planning Department Staff Report ANX-2018-007 Page 5 of 7 Georgetown ISD No. 11 Permitted uses in this district include, but are not limited to, emergency services station, government/post office, library, hospital, and utilities. Other uses such as schools, community centers, churches, restaurants, and event facilities are permitted subject to specific design limitations to ensure compatibility with the surrounding properties. Certain land uses including group homes with more than 16 residents, orphanage, psychiatric hospital, and major event entertainment, may be permitted subject to approval of a Special Use Permit (SUP). Exhibit 4 contains a comprehensive list of PF district permitted uses and development standards. Inter Departmental, Governmental and Agency Comments The proposed zoning 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. Staff Analysis Staff has reviewed the rezoning request and determined that the proposed rezoning meets the criteria established in UDC Section 3.06.030 for a Zoning Map Amendment, as outlined below: APPROVAL CRITERIA FINDINGS STAFF COMMENTS 1. The application is complete and the information contained within the application is sufficient and correct enough to allow adequate review and final action. Complies An application must provide the necessary information to review and make a knowledgeable decision in order for staff to schedule an application for consideration by P&Z and City Council. Staff reviewed the application and deemed it complete. 2. The zoning designation is consistent with the Comprehensive Plan. Complies The proposed zoning change is consistent with the Future Land Use element of the 2030 Comprehensive Plan. The Future Land Use map designates the property as Low Density Residential, which is meant for larger lot subdivisions, but also is intended to support institutional and civic uses, such as schools. The proposed zoning designation is consistent with the goals of the Comprehensive Plan that call for the provision of public services that support residential and commercial growth. 3. The zoning promotes the health, safety or general welfare of the City and the safe orderly, and healthful development of the City. Complies The proposed zoning district promotes the health, safety, and general welfare of the City by allowing these important public service facilities to be located along important transportation corridors, as well as at adequate distances from residential Page 41 of 68 Planning Department Staff Report ANX-2018-007 Page 6 of 7 Georgetown ISD No. 11 APPROVAL CRITERIA FINDINGS STAFF COMMENTS neighborhoods. This location promotes the orderly and healthful development of the City by allowing these important civic services to be easily accessed by the public, as well as where services may be easily provided to the public. 4. The zoning change is compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood. Complies The proposed zoning designation is compatible with the immediate surrounding uses. The majority of land immediately adjacent to the subject property is primarily undeveloped in the ETJ, or a residentially zoned subdivision west of the subject tract. The proposed zoning would be consistent with the uses within the area as it will provide educational services to its current and future residents. 5. The property to be zoned is suitable for uses permitted by the District that would be applied by the proposed amendment. Complies The Public Facilities (PF) zoning designation is an appropriate zoning district for this property. The City has gone through the process of ensuring that all public facilities have this zoning designation, including all schools, public facilities and parks. Based on these findings, staff finds that the proposed request meets the criteria outlined in UDC Section 3.06.030 for a zoning map amendment (rezoning). The proposed PF will allow important government, community and educational facilities to be located near a major intersection facilitating easy access to nearby residential neighborhoods and the region. Public Comments As required by the Unified Development Code, all property owners within a 200 foot radius of the subject property and within the city limits are required to receive written notice regarding the public hearing, (1 notice) was mailed and to date, no letters in favor or opposition have been received . A legal notice advertising the public hearing was placed in the Sun Newspaper (August 5, 2018) and a sign was posted on-site. Meetings Schedule The public hearings regarding land use for this case correspond with the annexation schedule approved by City Council granting the petition. August 14, 2018: Grant the Petition for Annexation August 21, 2018: Public Hearing (Zoning Designation) at Planning and Zoning Commission Meeting @ 6pm Page 42 of 68 Planning Department Staff Report ANX-2018-007 Page 7 of 7 Georgetown ISD No. 11 September 11, 2018: 1st Public Hearing held at City Council Meeting @ 3pm, September 11, 2018: 2nd Public Hearing held at City Council Meeting @ 6pm October 9, 2018: 1st Reading of Ordinance at City Council Meeting October 23, 2018: 2nd Reading of Ordinance at City Council Meeting Attachments Exhibit 1 – Location Map Exhibit 2 – Future Land Use Map Exhibit 3 – Zoning Map Exhibit 4 – PF District Development Standards and Permitted Land Uses Exhibit 5 – Applicant’s Letter of Intent Page 43 of 68 W e s ti n g h o u s e R d S a m H o u s t o n Ave ¬«130 SE Inne r L o o p SamHoustonAve South w e st e r n B l v d ")1460 R o c k ri d e L n R o c k ri d e L n Tera vi s t a X i n g ANX-2018-007Exhibit #1 Coordi nate System : Texas State Plane/Centr al Zone/N AD 83/U S FeetCartographic Data For G eneral Plann ing Pu rpo ses Only ¯ Location Map LegendSiteParcelsCity LimitsGeorgetown ETJ 0 0.5 1Mi Page 44 of 68 \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \ \ \ \ \ \ \ \ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ R O C K R I D E L N M A P L E S T R E E T W E S T I N G H O U S E R D SAM HOUSTON AVE S A M H O U S T O N A V E Coor dinate System: Texas State Plane/Ce ntral Zone/NAD 83/US FeetCartographic D ata For Gen eral Planni ng Purposes O nly ¯ Future Land Use / Overall Transportation Plan Exhibit #2 AN X-201 8-007 Leg en d Thoroughfare Future Land Use In stitutional Re g ional Commercial Co m munity Comm ercial Employment Center Lo w Density Residential Mining Mixe d Use Com munity Mixe d Use Neighborhood Center Mo derate Density Residential Open Space Spe cialty M ixed Use Area Ag / Rural Residential Existing Collector Existing Freeway Existing Major Arterial Existing Minor Arterial Existing Ramp Pro p osed Collector Pro p osed Freeway Pro p sed Frontage Road Pro p osed M ajor Arterial Pro p osed M inor Arterial Pro p osed Railroad Hi gh Density Residential Legend Sit eParcelsCity L im itsGeorgetown ET J 0 ¼½Mi Page 45 of 68 R O C K R I D E L N M A P L E S T R E E T W E S T I N G H O U S E R D SAM HOUSTON AVE S A M H O U S T O N A V E Zoning InformationANX-2018-007Exhibit #3 Co o rdi nate System : Texas State Plane/Central Zo ne/N A D 83/US FeetCartographic D ata For Gener al Plann ing Pu rposes Only LegendSiteParcelsCity LimitsGeorgetown ETJ ¯ 0 ¼½MiPage 46 of 68 Maximum Building Height = 45 feet Front Setback = 25 feet Bufferyard = 15 feet with plantings       (0 feet for build‐to/downtown)    adjacent to AG, RE, RL, RS, TF, MH,  Side Setback = 5 feet     TH, MF‐1, or MF‐2 districts Side Setback to Residential = 15 feet Rear Setback = 0 feet Rear Setback to Residential = 25 feet Allowed by Right Subject to Limitations Special Use Permit (SUP) Required Emergency Services Station All schools Group Home  (>16 residents) Government/Post Office Activity Center, Youth/Senior Orphanage Library/Museum Animal Shelter Correctional facility Social Service Facility Community Center Transient Service Facility Hospital Church Psychiatric Hospital Nature Preserve/Community Garden Church with Columbarium Substance Abusive Treatment Facility Bus Barn Regional/Neighborhood Public Park Cemetery, Columbaria, Masoleum, Parking Lot, Off‐site Golf Course    Memorial Park Park‐n‐Ride Facility General Restaurant Major Event Entertainment Transit Passenger Terminal Event Facility Airport Utilities (Minor, Intermediate, Major) Indoor/Outdoor Athletic Facility Wireless Transmission Facility (<41') Heliport Wireless Transmission Facility (>40') Seasonal Product Sales Farmers Market, Temporary Mobile or Outdoor Food Vendor Business Offices, Temporary Concrete Products, Temporary Construction Field Office Construction Staging, Off‐site Parking Lot, Temporary Portable Classrooms PUBLIC FACILITIES (PF) DISTRICT District Development Standards Specific Uses Allowed within the District Page 47 of 68 Page 48 of 68 Page 49 of 68 Annexation Service Plan Page 1 of 13 Area: Georgetown ISD No. 11 Exhibit C CITY OF GEORGETOWN ANNEXATION SERVICE PLAN AREA: GEORGETOWN ISD NO. 11 COUNCIL DISTRICT NO.: 7 DATE: OCTOBER 23, 2018 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 “Georgetown ISD No. 11”. 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 October 23, 2018, at 3pm and October 23, 2018, 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 50 of 68 Annexation Service Plan Page 2 of 13 Area: Georgetown ISD No. 11 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 the 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 51 of 68 Annexation Service Plan Page 3 of 13 Area: Georgetown ISD No. 11 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 street 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 52 of 68 Annexation Service Plan Page 4 of 13 Area: Georgetown ISD No. 11 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 53 of 68 Annexation Service Plan Page 5 of 13 Area: Georgetown ISD No. 11 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 streets 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 Page 54 of 68 Annexation Service Plan Page 6 of 13 Area: Georgetown ISD No. 11 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 Page 55 of 68 Annexation Service Plan Page 7 of 13 Area: Georgetown ISD No. 11 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 facilities, 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 Page 56 of 68 Annexation Service Plan Page 8 of 13 Area: Georgetown ISD No. 11 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 Page 57 of 68 Annexation Service Plan Page 9 of 13 Area: Georgetown ISD No. 11 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. Page 58 of 68 Annexation Service Plan Page 10 of 13 Area: Georgetown ISD No. 11 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 contiguous 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: Page 59 of 68 Annexation Service Plan Page 11 of 13 Area: Georgetown ISD No. 11 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) Page 60 of 68 Annexation Service Plan Page 12 of 13 Area: Georgetown ISD No. 11 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 Page 61 of 68 Annexation Service Plan Page 13 of 13 Area: Georgetown ISD No. 11 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. Page 62 of 68 Page 63 of 68 Page 64 of 68 Page 65 of 68 Page 66 of 68 Page 67 of 68 Page 68 of 68