City Council Agenda Item Report

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City Council Agenda Item Report March 15, 2016 Contact – Chance Sparks, AICP, CNU-A, Director of Planning 512-312-0084 / [email protected]

SUBJECT: HOLD A PUBLIC HEARING TO RECEIVE WRITTEN AND ORAL COMMENTS REGARDING A SERVICE PLAN AND ANNEXATION PROCEEDINGS ON APPROXIMATELY 230+/- ACRES OF LAND GENERALLY LOCATED ALONG THE WEST SIDE OF FM 1626 BETWEEN ELM GROVE ELEMENTARY SCHOOL AND ONION CREEK.

1.

BACKGROUND/HISTORY On January 5, 2016, staff received direction from City Council related to the Buda Growth Plan. This included direction to initiate three annexation cases at the January 19th City Council meeting, including: • Annexation Area 3: FM1626 Strip • Annexation Area 4: FM 2770-FM1626 Reach • Annexation Area 5: Buda Elementary ‘Donut’ Going into the 2016 calendar year, the City has “banked” 2,497.29 acres (44.3 percent of Buda’s current land area) and is able to annex up to 1,691.80 acres (30.0 percent of Buda’s current land area). On January 19th, City Council passed a resolution initiating annexation proceedings on the subject property. The schedule for the annexation proceedings is as follows: Annexation Schedule 1 Resolution Calling the Annexation (regular meeting)

1/19/2016

Notice to owners & required interested parties

1/29/2016

32

days prior to 1st hearing (at least 30 days prior to 1st hearing)

Notice of 1st Hearing Published and Financial Notice Sent to School District

2/17/2016

13

days prior to 1st hearing (10-20 days prior to hearing not counting date of publication or date of hearing)

1st Hearing (regular meeting)

3/1/2016

35

days prior to 1st reading (no more than 40 days prior to 1st reading)

Notice of 2nd Hearing Published and Notice Sent to School District

3/2/2016

13

days prior to 2nd hearing (10-20 days prior to hearing not counting date of publication or date of hearing)

2nd Hearing (regular meeting) 1st & Final Reading (regular meeting)

3/15/2016

21

days prior to 1st reading (at least 20 days prior to 1st reading)

4/5/2016

77

total days (no more than 90 days)

Staff notes that this schedule does not require any special called meetings due to already planned meeting date changes resulting from National Night Out and Election Day.

2.

FINDINGS/CURRENT ACTIVITY Staff has been working with several owners of ag-exempt properties in the annexation area to prepare development agreements in accordance with Chapter 43 of Local Government Code. Since the primary goal is to extend Buda’s ETJ in a manner that completes the transfer of Austin ETJ to Buda, staff has been requesting property owners consent to annexation of a 75-foot strip. This, in turn, allows Buda’s ETJ to extend (it would not extend if the entire property were placed in a development agreement). All have been verbally receptive thus far. Property owners contacted for this annexation include: • Walter Pearson (Development Agreement received) • Jerry Kahlbau • Patricia Tyler This is the second of two public hearings. Notification was sent to interested public entities, utility companies and property owners within the annexation area in accordance with state law. Likewise, notification was published in the newspaper and on the city website in accordance with state law. The draft service plan is attached with this report. Surveying services have been procured to develop the legal descriptions for the annexation.

3.

FINANCIAL IMPACT The proposed tracts fall within the City of Buda water service area and wastewater service area, though are technically not within any defined CCN boundary. While the service plan will provide additional analyses, the City of Buda has anticipated development of this property as part of its water and wastewater models. Water and wastewater lines are located at the intersection of FM 1626 and Old Black Colony Road. The property will be subject to property tax and sales tax upon annexation. Property tax will appear on the 2017 tax roll in accordance with Property Code Section 26.14.

4.

ACTION OPTIONS & POTENTIAL IMPACT MATRIX The following matrix is intended to assist City Council in evaluating potential actions regarding the subject. Pros

Cons

Simplified property governance since County will not have to review plats, public improvements & related development issues

Future development will increase demand for services, regardless of use Financial benefit is not immediate

City gains land use & development authority, which is important given some frequency of inquiries in the area and location on a key city gateway Owner/developer may save money on future subdivision platting since Hays County will not be involved with the review Provides consistent level of standards & services in

Tax benefit is expected to be low Annexation involves some occupied residential property, which may lead to opposition Some properties are residential, which tends to utilize services at higher level than

Buda, including future development

other uses

Ensures each resident or business pays fair share of cost of providing services

Properties may still hold agricultural tax exemptions & require the offering of a development agreement

Prevents citizens from subsiding areas just outside of the city limits Simplifies jurisdictional boundaries for administrative clarity Location of infrastructure nearby makes development of the subject property likely in the near future Property owners of responding positively

ag-exempt

property

are

5.

RECOMMENDATION This item is posted only for public hearing purposes to receive written and oral comments from the public; no action is required beyond opening and administering the public hearing.

6.

ENCLOSURES A. Map B. Draft Service Plan

RR 967

N FM 1626 SM AIN

ST

BL

UF

FS

T

OLD BLACK COLON Y RD

S LOOP

COLE SPRINGS RD

4

JACK C HAYS TRL

S FM 162 6

Federal Emergency Management Agency (FEMA), Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community Created by: Chance Sparks, AICP, CNU-A January 13, 2016 Boundary data for other cities is based on best available information. Please verify boundary data with each respective city.

Legend Annexation Area 100 Year Flood Zones

Annexation Exhibit A FM 1626 Strip

1 inch = 2,000 feet 0

500 1,000

2,000

3,000

4,000 Feet

´

The City of Buda makes no representations or warranties regarding accuracy or completeness of the information depicted on this map or the data from which it was produced. This map is NOT suitable for survey purposes and does not purport to depict or establish boundaries between land owners or locations of utility infrastructure where survey data is available and field locations have been established.

Exhibit ‘B’ SERVICE PLAN CITY OF BUDA, TEXAS SERVICE PLAN FOR ANNEXATION OF +/- 230 ACRES Upon annexation of the area identified herein and as more particularly identified in Exhibit A, the City of Buda will provide City services utilizing methods by which it extends services to any other equivalent area of the City. SERVICES PROVIDED BY THE EFFECTIVE DATE OF ANNEXATION As used in this plan, the term “services provided” includes having services provided by any method or means by which the City may extend municipal services to any other area of the City with like topography, land use and population density as those found within the newly annexed areas, including the City's infrastructure extension policies and developer or property owner participation in accordance with applicable city ordinances. 1.

Police Protection The City of Buda and Hays County, Texas will provide law enforcement services to newly annexed areas at the same or similar level of service now being provided to other areas of the City with like topography, land use and population density as those found within the newly annexed areas.

2.

Fire Protection and Emergency Medical Services The Hays County Emergency Services District #8 will continue to provide fire protection to newly annexed areas at the same or similar level of service now being provided to other areas of the City, with like topography, land use and population density as those found within the newly annexed areas. Hays County Emergency Services District #8 is governed by a separate board of directors appointed by Hays County Commissioners Court. The Hays County Emergency Services District #2 will continue to provide EMS services to newly annexed areas at the same or similar level of service now being provided to other areas of the City, with like topography, land use and population density as those found within the newly annexed areas. Hays County Emergency Services District #2 is governed by a separate board of directors appointed by Hays County Commissioners Court.

3.

Maintenance of Water and Wastewater Facilities The annexation area is not currently in the water service area Certificate of Convenience and Necessity (CCN) of any water utility provider. As such, it shall be served by the City of Buda (Buda). Buda’s system and all existing water facilities will continue to be owned and maintained by Buda. Water facility extensions within the Buda service area shall be in accordance with the rules and policies of Buda. All wastewater facilities owned or maintained by the City of Buda at the time of the proposed annexation shall continue to be maintained by the City of Buda. All water and wastewater facilities which may be acquired subsequent to the annexation of the proposed areas shall be maintained by the City of Buda to the extent of its ownership. The now existing water and wastewater mains at existing locations shall be available for the point of use extension based upon the City of Buda standard extension policy now existing or as may be amended. On-site sewerage systems may be maintained in accordance with the City’s Code of Ordinances, and all applicable state and county standards.

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4.

Solid Waste Collection Solid waste collection will be provided to citizens in the newly annexed areas at the same or similar level of service now being provided to other areas of the City with like topography, land use and density as those found within the newly annexed areas. The City may negotiate with annexed areas to allow continued services with an existing solid waste management provider. After the second anniversary of the annexation date, the City will impose fees and provide the service. If areas with private roads and/or gates are arranged so that garbage may be collected without creating a safety hazard, the City, at its discretion, may collect the garbage provided proper indemnification is received from the community association or individual property owners. The City will then impose fees and provide the service. Garbage collection locations shall be subject to the approval of the Sanitation Manager. In the event the City does not collect garbage within the areas with private roads and/or gates, residents of these areas will not be billed for service after the twoyear date.

5.

Maintenance of Roads and Streets Any and all public roads, streets or alleyways shall be maintained to the same degree and extent that other public roads, streets, and alleyways are maintained in areas of the City with like topography, land use and density as those found within the newly annexed areas. Private roads will remain private and as such maintained by the owner, including a homeowners association.

6.

Maintenance of Parks, Playgrounds, and Swimming Pools The City of Buda, Texas is not aware of the existence of any publicly owned parks, playgrounds or swimming pools now located in the proposed areas of annexation. In the event any such parks, playgrounds, or swimming pools do exist and are public facilities, the City will maintain such areas and facilities to the extent and degree and to the same or similar level of service now being provided to other such areas and facilities within the corporate limits of the City with like topography, land use and density as those found within the newly annexed areas. Private facilities will remain under private ownership, including that of a homeowners association, and will be privately maintained by the landowner or homeowners association.

7.

Maintenance of any Publicly owned Facility, Building or Municipal Service The City of Buda, Texas is not aware of the existence of any publicly owned facility, building, or other municipal service now located in the proposed areas of annexation. In the event any publicly owned facility, building, or other municipal service does exist and are public facilities, the City will maintain such areas and facilities to the extent and degree and to the same or similar level of service now being provided to other such areas and facilities within the corporate limits of the City with like topography, land use and density as those found within the newly annexed areas.

8.

Other Services The City of Buda, Texas finds and determines that such services as planning, code enforcement, animal control, library, parks and recreation, court and general administration will be made available after the effective date of annexation at the same or similar level of service now being provided to other areas of the City with similar topography, land use and density as those found within the newly annexed areas.

CONSTRUCTION OF ANY CAPITAL IMPROVEMENTS TO BE COMPLETED WITHIN 2 ½ YEARS Police and Fire Protection and Solid Waste Collection

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The City of Buda, Texas, finds and determines it is not necessary to acquire or construct any capital improvements within 2 ½ years of the effective date of the annexation of the particular annexed areas for the purpose of providing police protection, fire protection (Hays County Emergency Services District No. 8), emergency medical services (Hays County Emergency Services District No. 2) or solid waste collection. The City finds and determines that it has at the present time adequate facilities and other resources to provide the same type, kind and level of service and protection which is presently being administered to other areas already incorporated in the City of Buda, Texas with like topography, land use and population density as those found within the newly annexed areas. 2.

Water and Wastewater Facilities For the next 2 ½ years, the City of Buda, Texas finds and determines that there is sufficient capacity for water and wastewater to provide services to the annexed areas pursuant to the City of Buda ordinances, regulations and extension policies.

3.

Roads and Streets The City of Buda, Texas, finds and determines it is not necessary to acquire or construct any capital improvements within 2 ½ years of the effective date of the annexation of the particular annexed areas.

4.

Maintenance of Parks, Playgrounds, and Swimming Pools and Any Other Publicly Owned Facility, Building, or Service The City of Buda, Texas, finds and determines it is not necessary to acquire or construct any capital improvements within 2 ½ years of the effective date of the annexation of the particular annexed areas for the purpose of parks maintenance, playgrounds, swimming pools and other publicly owned facility, building or service.

SPECIFIC FINDINGS The City of Buda, Texas, finds and determines that this proposed service plan will not provide any fewer services and will not provide a lower level of service in the areas being considered for annexation that were in existence in the proposed areas at the time immediately preceding the annexation process. Given the proposed annexation areas’ topography, land utilization and population density, the service levels to be provided in the newly annexed areas will be equivalent to those provided to other areas of the City with similar characteristics. TERMS This plan shall be valid for a term of ten (10) years. Renewal of the Service Plan is at the discretion of the City of Buda. LEVEL OF SERVICE Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed areas, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. AMENDMENTS The plan shall not be amended unless public hearings are held in accordance with Chapter 43 of the Texas Local Government Code.

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