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HomeMy WebLinkAboutAgenda CC 02.12.2019 SpecialN otice of M eeting of the Governing B ody of the C ity of Georgetown, Texas F ebruary 1 2, 2 01 9 The Georgetown City Council will meet on February 12, 2019 at 3:00 P M at 101 East 7th Street - City Council Chambers The City of Georgetown is committed to compliance with the Americans with Disabilities Act (AD A). If you require assistance in participating at a public meeting due to a disability, as defined under the AD A, reasonable assistance, adaptations, or accommodations will be provided upon request. P lease contact the City Secretary's Office, at least three (3) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 808 Martin Luther King J r. Street, Georgetown, TX 78626 for additional information; TTY users route through Relay Texas at 711. Call to O r de r – A Spec ial M ee ting of the City C ouncil Le gislative Re gular Age nda A F i rst P ubl i c Heari ng for the Vol untary Annexati on of an approximate 262.011-acre tract of land situated in the William Roberts League Survey, Abstract No. 524, and a portion of Shell Road, a right-of-way of varying width of record described to the Williamson County, Texas, for the property generally located along Shell Road approximately 6,800 feet north of Williams Drive, to be known as the Shel l Road Devel opment -- Sofia Nelson, P lanning Director B F i rst P ubl i c Heari ng for the Vol untary Annexati on and designation of Resi denti al Estate (R E) zoni ng di stri ct for an approximate 23.10 acre tract of land out of the J oseph P ulsifer Survey, Abstract No. 498, generally located at 34 Skyl i ne Road, to be known as Maravi l l a Subdi vi si on -- Sofia Nelson, CN U-A, P lanning Director Adjournme nt Ce rtificate of Posting I, R obyn Densmore, C ity S ecretary for the C ity of G eorgetown, Texas, do hereby c ertify that this Notice of Meeting was pos ted at C ity Hall, 808 Martin Luther King Jr. S treet, G eorgetown, T X 78626, a plac e readily ac cessible to the general public at all times, on the _____ day of _________________, 2019, at __________, and remained s o posted for at leas t 72 c ontinuous hours prec eding the s cheduled time of said meeting. __________________________________ R obyn Dens more, C ity S ec retary Page 1 of 54 City of Georgetown, Texas City Council Special Meeting February 12, 2019 S UBJEC T: F i rst P ubl i c Heari ng for the Vol untary Annexati on of an approximate 262.011-acre tract of land situated in the William Roberts League Surve y, Abstrac t No . 5 24 , and a po rtion of Shell Ro ad, a right-of-way of varying width of record described to the Williamson County, Texas, for the property generally located along Shell Ro ad appro ximate ly 6,8 00 feet north of Williams Drive, to be known as the Shel l Road Devel opment -- Sofia Nelson, P lanning Director I T EM S UMMARY: The subject property is lo cated along Shell Ro ad, north of Williams Drive, within the City's extraterritorial jurisdiction. The property has a Mo de rate Density Residential Future Land Use designation. It is the intent of the applicant to develop the subject property as a mixed-use community. The action required of Council is to conduct the first public hearing for voluntary annexation submitted in accordance with State Law. No action is required for this public hearing. In order to complete the annexation, the following process is being followed: J ul y 24, 2018: Grant the P etition for Annexation - CO M P L ETE D F ebruary 12, 2019: Conduct 1st P ublic Hearing held at City Council Meeting @ 3 p.m. F ebruary 12, 2019: Conduct 2nd P ublic Hearing held at City Council Meeting @ 6 p.m. March 12, 2019: Action and 1st Reading of Annexation Ordinance March 26, 2019: 2nd Reading of Annexation Ordinance F I NANC I AL I MPAC T: City services, including police and fire protection, emergency medical services, so lid waste collection and disposal are immediately subject to the property. Extension of capital improvements such as water and wastewater systems will be subject to the City’s utility extensio n and improvement policy o r the terms of any potential agreement with the property owner. S UBMI T T ED BY: J ordan Feldman, P lanner AT TAC HMENT S : Description Annexation P etition Exhibit A - Loc ation Map Exhibit B - Legal Des cription exhibit c - service plan Page 2 of 54 Page 3 of 54 Page 4 of 54 Page 5 of 54 Page 6 of 54 D el W e b b B l v d D el WebbBlvd WilliamsDr WilliamsDr DB W o o d R d Shell Rd ShellRd S h ell R d ¬«195 Sun City B lv d S eren a da D r AirportRd NL a k e w o o d s D r S e d r o T rl ANX-2018-004Exhibit #1 Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ Location Map LegendSiteParcelsCity LimitsGeorgetown ETJ 0 0.5 1Mi Page 7 of 54 Resolution Exhibit "B" Page 8 of 54 Resolution Exhibit "B" Page 9 of 54 Resolution Exhibit "B" Page 10 of 54 Resolution Exhibit "B" Page 11 of 54 Resolution Exhibit "B" Page 12 of 54 Annexation Service Plan Page 1 of 13 Area: Shell Road Development Exhibit C CITY OF GEORGETOWN ANNEXATION SERVICE PLAN AREA: SHELL ROAD DEVELOPMENT COUNCIL DISTRICT NO.: 5 DATE: FEBRUARY 5, 2019 I. INTRODUCTION This Service Plan (the “Plan”) is made by the City of Georgetown, Texas (“City”) pursuant to Sections 43.056(b)-(o); 43.062, and 43.052(h)(1) of the Texas Local Government Code (“LGC”). This Plan relates to the annexation into the City of the land shown on Exhibit “A” to this Service Plan, which is referred to as “Shell Road Development”. 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 February 12, 2019 3pm and February 12, 2019 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 13 of 54 Annexation Service Plan Page 2 of 13 Area: Shell Road Development 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 14 of 54 Annexation Service Plan Page 3 of 13 Area: Shell Road Development 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 15 of 54 Annexation Service Plan Page 4 of 13 Area: Shell Road Development 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 16 of 54 Annexation Service Plan Page 5 of 13 Area: Shell Road Development 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 17 of 54 Annexation Service Plan Page 6 of 13 Area: Shell Road Development 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 18 of 54 Annexation Service Plan Page 7 of 13 Area: Shell Road Development 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 19 of 54 Annexation Service Plan Page 8 of 13 Area: Shell Road Development 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 20 of 54 Annexation Service Plan Page 9 of 13 Area: Shell Road Development 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 21 of 54 Annexation Service Plan Page 10 of 13 Area: Shell Road Development 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 22 of 54 Annexation Service Plan Page 11 of 13 Area: Shell Road Development 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 23 of 54 Annexation Service Plan Page 12 of 13 Area: Shell Road Development 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 24 of 54 Annexation Service Plan Page 13 of 13 Area: Shell Road Development 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 25 of 54 City of Georgetown, Texas City Council Special Meeting February 12, 2019 S UBJEC T: F i rst P ubl i c Heari ng for the Vol untary Annexati on and designation of Resi denti al Estate (R E) zoni ng di stri ct for an approximate 23.10 acre tract of land out o f the J oseph P ulsifer Survey, Abstract No . 498, generally lo cated at 34 Skyl i ne Road, to be known as M aravi l l a Subdi vi si on -- Sofia Nelson, CN U-A, P lanning Director I T EM S UMMARY: Overvi ew of Appl i cant’s Request: The subject property is located east of D B Wood Road, north of State Highway 29 (University Ave). The property is situated between the River Chase neighborho od and the Wo lf Ranch West neighbo rhoo d, which is currently in development. The property has a Future Land Use designation of Low Density Residential and Moderate Density Residential. The item under consideration to night is to conduct the first public he aring for voluntary annexation and de signatio n of Residential Estate (R E) as the initial zo ning district designation, submitted in accordance with State Law. No action is required for this public hearing. Meeting Schedule: 1/8/2019 – City Council Grant P etition for Annexation - CO M P L ETE D 2/5/2019 – P &Z P ublic Hearing and Recommendation for Zoning Only - C O M P LE TED 2/12/2019 at 3pm – City Council P ublic Hearing #1 2/12/2019 at 6pm – City Council P ublic Hearing #2 3/12/2019 – City Council First Reading of Ordinance 3/26/2019 – City Council Second Reading of Ordinance P l anni ng and Zoni ng Commi ssi on (P &Z) Recommendati on: At their February 5 , 2019 meeting, the P lanning and Zo ning Co mmission held a public hearing and recommended approval of the zoning designation request. F I NANC I AL I MPAC T: City services, including police and fire protection, emergency medical services, so lid waste collection and disposal are immediately subject to the property. Extension of capital improvements such as water and wastewater systems will be subject to the City’s utility extensio n and improvement policy o r the terms of any potential agreement with the property owner. S UBMI T T ED BY: Chelsea Irby, Senior P lanner AT TAC HMENT S : Description ANX-2018-009 - P &Z S taff R eport (R ezoning) Exhibit 1 - Location Map Exhibit 2 - F uture Land Us e Map Exhibit 3 - Zoning Map Exhibit 4 - R E S tandards and P ermitted Uses Exhibit 5 - Letter of Intent Metes and Bounds Draft S ervice P lan Page 26 of 54 Planning and Zoning Commission Planning Department Staff Report ANX-2018-009 Maravilla Rezoning Page 1 of 7 Report Date: February 1, 2019 Case No: ANX-2018-009 Project Planner: Chelsea Irby, Senior Planner Item Details Project Name: Maravilla Subdivision Project Location: 34 Skyline Road within the Extraterritorial Jurisdiction (City Council District 2, upon annexation). Total Acreage: 23.10 Legal Description: 23.10 acres out of the Joseph Pulsifer Survey, Abstract No. 498 Applicant: Matkin Hoover Engineering, c/o Matt Synatschk Property Owner: Ashby Signature Homes, c/o Norm Ashby Request: Zoning Map Amendment to rezone the subject property to Residential Estate (RE) upon annexation. Case History: This is the first public hearing of this request. Location Map Page 27 of 54 Planning Department Staff Report ANX-2018-009 Maravilla Rezoning Page 2 of 7 Overview of Applicant’s Request The applicant is requesting to zone 23.10 acres of land to the Residential Estate (RE) zoning district upon annexation in lieu of the default Agriculture (AG) zoning designation. The annexation petition was accepted by the City Council on January 8, 2019. The applicant intends to subdivide the property into 19, 1-acre residential lots. See Exhibit 5 for the applicant’s letter of intent. Site Information Location: The property is located east of DB Wood Road, north of State Highway 29 (University Ave). The property is situated between the River Chase neighborhood and the Wolf Ranch West neighborhood, which is currently in development. Physical and Natural Features: The Middle Fork San Gabriel River runs along the western boundary of the property, and because of this the eastern portion of the property slopes toward the river. The property also has heavy tree cover. Future Land Use and Zoning Designations: The subject property is split between two Future Land Use designations, Low Density Residential and Moderate Density Residential. There is not a zoning designation because the property is currently in the Extraterritorial Jurisdiction (ETJ). Surrounding Properties: The area surrounding the property is entirely used for single-family residential. There are residential acre lots and rural residential subdivisions to the north. To the east and south, the area has grown and developed with higher density single-family residential, as well as multi-family and commercial along the major corridors such as Wolf Ranch Pkwy and University Ave. The current zoning, Future Land Use designation, and existing uses of the adjacent properties to the north, south, east and west are outlined in the table below: DIRECTION ZONING DISTRICT FUTURE LAND USE EXISTING USE North N/A (ETJ) Low Density Residential Single-Family Residential South N/A (ETJ) Moderate Density and Low Density Residential East Planned Unit Development (PUD) with a base district of Residential Single- Family (RS) Moderate Density and Low Density Residential West Residential Single- Family (RS) Low Density Residential Page 28 of 54 Planning Department Staff Report ANX-2018-009 Maravilla Rezoning Page 3 of 7 Aerial Map with Surrounding Uses Property History: There is no notable property history. The property is located in the ETJ. Comprehensive Plan Guidance Future Land Use Map: The property is split between two Future Land Use designations, Low Density Residential and Moderate Density Residential. The Low Density Residential 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, 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. The Moderate Density Residential category is described in the 2030 Comprehensive Plan as comprising River Chase Wolf Ranch West Residential Area in the ETJ Page 29 of 54 Planning Department Staff Report ANX-2018-009 Maravilla Rezoning Page 4 of 7 single family neighborhoods that can be accommodated at a density ranging between 3.1 and 6 dwelling units per gross acre, with housing types including small-lot detached and attached single- family dwellings (such as townhomes). This category may also support complementary non-residential uses along major roadways such as neighborhood-serving retail, office, institutional, and civic uses, although such uses may not be depicted on the Future Land Use Map. Growth Tier: The property is located within Growth Tier 2. Tier 2 lies outside the city limits, but within the City’s extraterritorial jurisdiction (ETJ). Until annexation occurs, 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. Utilities The subject property is located within the City’s service area for water and electric. Upon annexation, the subject property would also be within the City’s service area for wastewater; however, wastewater services are proposed to be provided through on-site sewage facilities (OSSF). It is anticipated that there is adequate water capacity to serve the subject property at this time. A Utility Evaluation may be required at time of Subdivision Plat to determine capacity and any necessary utility improvements. Transportation The property has frontage on Skyline Road, which is a private local street where adjacent to the subject property. The roadway provides access to DB Wood Road (Minor Arterial, south of Oakridge Rd; Major Arterial north of Oakridge Rd). Skyline Road currently terminates near the property. The Wolf Ranch West development will be connecting to Skyline Road north of the subject property and this will create a route to Wolf Ranch Parkway (Major Collector). Skyline Road is currently a public street up until the property owned by Hillwood and is private for the portion adjacent to the subject property. It will remain private prior to the subdivision of the subject property. During the platting process, Skyline Road will need to be extended as a public street along the entire length of the property. The UDC would allow the roadway to be extended as a rural/local street. Additional local streets would need to be constructed on the property to support residential development. Proposed Zoning district The Residential Estate District (RE) is intended for areas of very low density single-family residential use and associated uses. The district has a lot size minimum of one acre to retain a rural character and is appropriate where topography or lack of public utilities and services may necessitate a low density. Permitted land uses within the district include detached single-famil, group homes with six residents or less, and minor utilities. Elementary schools, churches, neighborhood amenity centers, and golf Page 30 of 54 Planning Department Staff Report ANX-2018-009 Maravilla Rezoning Page 5 of 7 courses are permitted subject to specific design limitations to ensure compatibility with the surrounding properties. Other uses such as accessory dwelling units, bed and breakfasts, group day cares, and youth or senior activity centers may be permitted subject to approval of a Special Use Permit (SUP). Exhibit 4 contains a comprehensive list of RE district permitted uses and development standards. Interdepartmental Review The proposed rezoning request was reviewed by all applicable City Departments to determine the appropriateness of the requested zoning on the subject property. No comments were issued regarding the zoning request. Approval Criteria Staff has reviewed the proposed rezoning request and has found that it complies with 4 of the 5 criteria established in UDC Section 3.06.030 for a Zoning Map Amendment, as outlined below: REZONING APPROVAL CRITERIA FINDINGS STAFF COMMENTS 1. The application is complete and the information 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 the Planning and Zoning Commission and City Council. This application was reviewed by staff and deemed to be complete. 2. The zoning change is consistent with the Comprehensive Plan. Does Not Comply The majority of the subject property is designated as Low Density Residential on the Future Land Use Map. 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. The Rural Estate (RE) zoning district has a minimum lot size of 1 acre, which allows 1 dwelling unit per gross acre. However, this zoning district may also allow lots that have less than 1 dwelling unit per gross acre as the 1-acre lot size is a minimum requirement in order to retain a rural character. Due to the purpose of the RE zoning Page 31 of 54 Planning Department Staff Report ANX-2018-009 Maravilla Rezoning Page 6 of 7 REZONING APPROVAL CRITERIA FINDINGS STAFF COMMENTS district, this district is most appropriate in the Agricultural/Rural Residential Future Land Use Designation, which is intended to accommodate very low levels of population and require very limited array of public services. Because of this, this designation is generally located in the outer portion of the ETJ. 3. The zoning change promotes the health, safety or general welfare of the City and the safe orderly, and healthful development of the City. Complies There is currently not a zoning designation on the subject property; however, it is located at the end of rural local street that has been primarily developed with rural residential subdivisions within the ETJ. The proposed RE zoning district allows for an orderly development due to the decrease in density closer to and adjacent to the ETJ residential subdivision to the north. Additionally, the subject property is situated between two single-family residential neighborhoods, one of which is a one-acre lot subdivision (River Chase to the west). Access to the property would be primarily through the ETJ subdivisions, or through one of the Wolf Ranch West subdivision to the east, once the connection to Skyline Rd is completed. 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 subject property is compatible with the present zoning and land uses because it is completely surrounded by single- family residential areas. To the east and west of the property are Residential Single-Family (RS) zoned areas and to the north and south are rural residential subdivisions within the ETJ. The proposed zoning district, should it be approved, would allow the subject property to develop at a density consistent with the residential neighborhoods to the north and west (1- ac lot subdivisions) 5. The property to be rezoned is suitable for uses Complies The subject property is suitable for the permitted uses of the Rural Estate (RE) Page 32 of 54 Planning Department Staff Report ANX-2018-009 Maravilla Rezoning Page 7 of 7 REZONING APPROVAL CRITERIA FINDINGS STAFF COMMENTS permitted by the District that would be applied by the proposed amendment. district because it has sufficient acreage to create lots that conform to the required dimensional standards. Based on the findings listed above, the zoning of the property to Residential Estate (RE) is generally appropriate because is maintains the character of the area, fills a gap between two residential areas, and location of the property at the end of a rural street. However, it is important to note that that the request does not comply with the Comprehensive Plan because the intent of the RE zoning district was for the outer fringe of the City/ETJ where a lack of public utilities and services may necessitate a low density, as well as to retain the rural character. Meetings Schedule 2/5/2019 – P&Z Public Hearing and Recommendation for Zoning Only 2/12/2019 at 3pm – City Council Public Hearing #1 2/12/2019 at 6pm – City Council Public Hearing #2 3/12/2019 – City Council First Reading of Ordinance 3/26/2019 – City Council Second Reading of Ordinance Public Notification As required by the Unified Development Code, all property owners within a 200-foot radius of the subject property were notified of the Zoning Map Amendment request (17 notices), a legal notice advertising the public hearing was placed in the Sun Newspaper (January 20, 2019) and signs were posted on-site. To date, staff has received zero (0) written comments in favor, and zero (0) in opposition to the request. Attachments Exhibit 1 – Location Map Exhibit 2 – Future Land Use Map Exhibit 3 – Zoning Map Exhibit 4 – Design and development standards of the RE district Exhibit 5 – Letter of Intent Page 33 of 54 N IH 35 R I V E RY B L V D D B W O O D R D WOLF RD S IH 35 W U N I V E R S IT Y AV E S A U S T I N AV E W 1 4T H S T W I L L O W L N RIVE R R D W O O D R A N C H R D O A K L N PA R K L N SKYLINE RD DRIVEWAY TERRY LN OA K R I D G E R D S T A R VI E W L N W O O DLANDRD WOLF RANCH PKWY S HILLVIEW DR G R EE N RID G E R D A S H W O OD L N LA MESA LN KENDALL ST D U N M A N D R HIG HVIE W R D ADDIE LN CLAY ST PA R K E R C I R TIF F A N Y L N G A B RIE L VIE W D R C E D A R R I D G E D R W 1 5TH S T M A S O N R A N C H DR M E A D O W B R OOK DR SA N GABRIELBLVD TI MB ER ST NORTHCROSS RD FAIRVIEW RD FOR EST ST W 1 4TH S T RIVER O A K S C V E L E G E N D O A K S D R W L E G E N D O A K S D R C O U N T R Y C L U B R D GRASSLAND LN JU D Y D R SPRING HOLLOW SPRING VALLEYRD W 9 TH S T C E D A R D R SHANNON LN FA W N LN N O A K H O L L O W R D W CENTRAL DR F O R E S T S T WOODWAY DR CROS S LANDDR BLUE HOLE PARK RD T A N K S L E Y C I R KIM BERLY ST CAN DEE ST M E S Q UIT E L N W 6 TH S T BRID GE S T SANGABR I E L VILL A G E BLVD R I O B R A V O R D MCCOY LN O A K B E N D C T SUN SHI NE DR L E A N D E R S T W 1 9T H S T W 1 6T H S T P O W E R C I R SHEPHERD RD M O R S E C V W 7 TH S T LEANDER ST R I V E R CH A S E B L V D RIVER CHASE BLVD O A K RID G E R D OVERLOOK CT P O W E R R D MASON CT E JANIS DR M O R RIS D R S K Y L I N E S P U R RIV E R SID E D R W 11THST W 7TH ST E 2 ND ST W 5 TH S T C A S S I D Y C T WHITESTONEDR STARVIE W DR W 3 RD S T S U N S E T D R W 18TH ST C E D A R B R A N C H D R PA R K W A Y S T WASHAM DR SOUTHCROSSRD L I M E S T O N E L N W 1 3T H S T C OTTO N W O O D DR C A S S I D Y D R E S PR ING S T RICHLAND LN W 17TH ST RAILROAD AVE RIDGECREST RD W 4 TH S T HAGAN CT RIVER HILLS DR ST ONE CIR G O L D E N O A K S D R S A G E B R U S H C T WESTWOOD LNRIVER B E N D D R R I V E R C H A S E B L V D R ID G E C R E S T R D PA R K W A Y S T W 3 RD S T S C E N I C D R HARMONY LNPOST OAK LN CEDAR BREAKS RD OAK GROVE LN R A N D O L P H R D QUAIL LN S K Y L I N E R D S RO C K S T DAWN DR RIVERYDRIVEWAY SCENIC DR MESQ UITE LN WE ST S T S K Y L I N E R D W M O R R O W S T §¨¦35 WATERSEDGECIR MA R T I N LU T H ER KING JR ST W 1 0T H S T RUCK ER ST HART S T OAK LN E JANIS DR PARK LN R A N C H R D OAK LN FOR ES T STMEMORIAL DR SCE NIC DR COTTONW OOD DR S C E NIC D R S AUSTIN AVE S O U T H C R O S S R D OAK LN W 18TH ST N AUSTIN AV E WESTWOOD LN WE ST ST W U NIV ERS IT Y AVE PARKER DR GABRIELVIEWDR HART S T RIV E R Y B L V D W IL LIA M S D R D B W O O D R D S I M O N R DW U N I V E R S I T Y AV E ADA M S S T MORRISDR M E M O R I A L D R WOOD C T ANX-201 8-009Exhibit #1 Coordinate S ystem : Texas S tat e Plane /C ent ral Z one/NA D 83/US F eetCartographic Data For G eneral P lanning Purposes Only ¯ Location Map LegendSiteParcelsCity LimitsGeorgetown ETJ 0 0.25 0.5Mi Page 34 of 54 R I V E RY BL V D D B W O O D R D S IH 35 W U N I V E R S I T Y AV E D B W O O D R D (River/Stream) (River/Stream) Coor dinat e System: Texas State Pla ne/C entra l Zone/NA D 8 3/US FeetCartographic Data For General Planning Purp oses Only ¯ Future Land Use / Overall Transpor tation P lan Exhibit #2 ANX-2018-009 Le ge nd Thoroughfare Future Land Use In stitutio n al Re g iona l Comm ercia l Co m munity Co m mercial Emplo yme n t Cente r Lo w Density Residential Minin g Mixe d Use Com mu n ity Mixe d Use Neig h b orh ood Ce n ter Mo derate Den sity Resid e ntia l Open Space Spe cia lty M ixed Use Area Ag / Rural Re si denti al Existi ng Col lector Existi ng Fre eway Existi ng Ma jor A rte rial Existi ng Minor A rte rial Existi ng Ram p Pro p ose d Collecto r Pro p ose d Free wa y Pro p sed Fronta g e Road Pro p ose d Majo r Arteria l Pro p ose d Min o r Arteria l Pro p ose d Railro ad Hi gh Den sity Resid e n tia l Legend SiteParcelsCity LimitsGeorgetown ETJ 0 ¼½Mi Page 35 of 54 R I V E RY BL V D D B W O O D R D S IH 35 W U N I V E R S I T Y AV E D B W O O D R D (River/Stream) (River/Stream) Zoning InformationANX-201 8-009Exhibit #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 ¼½MiPage 36 of 54 District Size-min. acreage = 1 Side Setback = 10 feet Bufferyard = 10 feet with plantings Maximum Building Height = 35 feet Rear Setback = 20 feet when non-residential develops Accessory Building Height = 25 feet Front Setback = 25 feet adjacent to residential Lot width = 100 feet Allowed by Right Subject to Limitations Special Use Permit (SUP) Single-Family, Detached Home Based Business Accessory Dwelling Unit Group Home (6 residents or less)Elementary School Hospice Facility Minor Utility Services Family Home, Daycare Halfway House Religious Assembly Facilities Middle School Religious Assembly Facilities with Columbarium Group Daycare Nature Preserve or Community Garden Activity Center, Youth or Senior Neighborhood Amenity, Activity or Recreation Center Emergency Service Station Neighborhood Public Park Bed and Breakfast Golf Course Bed and Breakfast with Events Intermediate Utility Services Wireless Transmission Facility 40 feet or Less Residential Estate (RE) District District Development Standards Specific Uses Allowed within the District Page 37 of 54 Page 38 of 54 QUICK INC. LAND SURVEYING Office Address: 3303 Shell Rd. 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Thence, ZLWKWKHVRXWKOLQHRIVDLGDFUHWUDFWDQRUWKOLQHRIVDLGDFUHWUDFWS 83° 55' 01" W,SDVVLQJD´LURQURGDWDGLVWDQFHRI¶IRUUHIHUHQFHFRQWLQXLQJ DQDOOGLVWDQFHRI826.76' 5HFRUG6ƒ :DGLVWDQFHRI ,WRDFDOFXODWHG SRLQWLQWKHFHQWHURI0LGGOH)RUN6DQ*DEULHO5LYHUORFDWHGIRUWKHVRXWKZHVWFRUQHURI VDLGDFUHWUDFWWKHQRUWKZHVWFRUQHURIVDLGDFUHWUDFWDQGEHLQJWKH VRXWKZHVWFRUQHURIWKHKHUHLQGHVFULEHGWUDFWRIODQG  7KHQFHZLWKWKHFHQWHUOLQHRI0LGGOH)RUN6DQ*DEULHO5LYHUWKHZHVWOLQHVRIVDLGDFUH WUDFWDQGVDLGDFUHWUDFWWKHIROORZLQJILYH  FRXUVHVDQGGLVWDQFHV  6. N 00° 40' 19" W,DGLVWDQFHRI138.28',WRDFDOFXODWHGSRLQWIRUDQDQJOHSRLQWRIWKH KHUHLQGHVFULEHGWUDFWRIODQG  7. N 05° 30' 59" E,DGLVWDQFHRI353.84',WRDFDOFXODWHGSRLQWIRUDQDQJOHSRLQWRIWKH KHUHLQGHVFULEHGWUDFWRIODQG  8. N 08° 47' 26" E,DGLVWDQFHRI282.79',WRDFDOFXODWHGSRLQWIRUDQDQJOHSRLQWRIWKH KHUHLQGHVFULEHGWUDFWRIODQG  9. N 13° 43' 35" E,DGLVWDQFHRI269.10',WRDFDOFXODWHGSRLQWIRUDQDQJOHSRLQWRIWKH KHUHLQGHVFULEHGWUDFWRIODQG  10. N 10° 17' 27" E,DGLVWDQFHRI145.34',WRDFDOFXODWHGSRLQWIRUWKHQRUWKZHVWFRUQHURI VDLGDFUHWUDFWWKHVRXWKZHVWFRUQHURIVDLGDFUHWUDFWDQGEHLQJWKH QRUWKZHVWFRUQHURIWKHKHUHLQGHVFULEHGWUDFWRIODQG  11. Thence, ZLWKWKHQRUWKOLQHRIVDLGDFUHWUDFWWKHVRXWKOLQHRIVDLGDFUHWUDFW N 83° 18' 09" E,SDVVLQJDQ´FHGDUSRVWDWDGLVWDQFHRI¶FRQWLQXLQJDQDOO Page 40 of 54 GLVWDQFHRI863.73' 5HFRUG1ƒ (DGLVWDQFHRI ,WRWKHPOINT OF BEGINNINGFRQWDLQLQJ23.120 acresRIODQG  Basis of Bearing: Texas State Plane, Central Zone, NAD83   7UDYLV/4XLFNVDOO'DWH 53/6    -RE Page 41 of 54 Annexation Service Plan Page 1 of 13 Area: Maravilla Exhibit C CITY OF GEORGETOWN ANNEXATION SERVICE PLAN AREA: MARAVILLA COUNCIL DISTRICT NO.: 2 DATE: MARCH 26, 2019 I. INTRODUCTION This Service Plan (the “Plan”) is made by the City of Georgetown, Texas (“City”) pursuant to Sections 43.056(b)-(o); 43.062, and 43.052(h)(1) of the Texas Local Government Code (“LGC”). This Plan relates to the annexation into the City of the land shown on Exhibit “A” to this Service Plan, which is referred to as “Maravilla”. 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 February 12, 2019, at 3pm, and February 12, 2019, at 6pm, in accordance with Section 43.056(j) of the LGC. II. TERM OF SERVICE PLAN Pursuant to Section 43.056(l) of the LGC, this Plan shall be in effect for a ten-year period commencing on the effective date of the ordinance approving the annexation. Renewal of the Plan shall be at the discretion of the City Council and must be accomplished by Ordinance. III. INTENT It is the intent of the City that municipal services under this Plan shall provide municipal services in accordance with the timetables required by the LGC. The City reserves the rights guaranteed to it by the LGC to amend this Plan if the City Council determines that changed conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the LGC or other Texas laws that make this Plan unworkable, obsolete, or unlawful. IV. CATEGORIZATION OF MUNICIPAL SERVICES The municipal services described herein are categorized by those services which are (1) available to the annexed area immediately upon annexation; (2) those services which will be available to the annexed area within 2½ years from the effective date of th e 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 42 of 54 Annexation Service Plan Page 2 of 13 Area: Maravilla 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 43 of 54 Annexation Service Plan Page 3 of 13 Area: Maravilla 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 44 of 54 Annexation Service Plan Page 4 of 13 Area: Maravilla 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 (Carn ivals 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 U DC 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 45 of 54 Annexation Service Plan Page 5 of 13 Area: Maravilla 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 s treets 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 46 of 54 Annexation Service Plan Page 6 of 13 Area: Maravilla 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 47 of 54 Annexation Service Plan Page 7 of 13 Area: Maravilla 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 48 of 54 Annexation Service Plan Page 8 of 13 Area: Maravilla 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 extensi on 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 fo r 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 wa stewater 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 49 of 54 Annexation Service Plan Page 9 of 13 Area: Maravilla 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 50 of 54 Annexation Service Plan Page 10 of 13 Area: Maravilla 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 51 of 54 Annexation Service Plan Page 11 of 13 Area: Maravilla 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 52 of 54 Annexation Service Plan Page 12 of 13 Area: Maravilla 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 53 of 54 Annexation Service Plan Page 13 of 13 Area: Maravilla 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 54 of 54