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HomeMy WebLinkAboutOrdinance - 2018-O0050 Annexing 1,057 Area F-1 - Annexing An Area Of Land Into The City - 04/12/2018First Reading April 12, 2018 Item No. 7.6 ORDINANCE NO. ?018-n005n Second Reading May 10, 2018 Item No. 7.1 AN ORDINANCE ANNEXING AN AREA OF LAND INTO THE CITY OF LUBBOCK, TEXAS, SAVE AND EXCEPT CERTAIN PROPERTY EXEMPT FROM ANNEXATION THROUGH A DEVELOPMENT AGREEMENT, WITH THE DESCRIPTION OF SUCH EXEMPT PROPERTY ATTACHED TO THIS ORDINANCE AS "EXHIBIT C", WITH SAID AREA OF LAND TO BE ANNEXED BEING GENERALLY DESCRIBED AS APPROXIMATELY ONE THOUSAND FIFTY-SEVEN (1,057) ACRES, NORTH OF ERSKINE STREET, EAST OF NORTH MILWAUKEE AVENUE, SOUTH OF KENT STREET, AND ALONG NORTH FRANKFORD AVENUE, AND MORE SPECIFICALLY IDENTIFIED IN "EXHIBIT A" OF THIS ORDINANCE, AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS, AND WHICH CONTAINS FEWER THAN ONE HUNDRED (100) SEPARATE TRACTS OF LAND ON WHICH ONE (1) OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON EACH TRACT; PROVIDING FOR THE ADOPTION OF A SERVICE PLAN IN THIS ORDINANCE; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ANNEXED AREA; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the area described in Section 1 herein is an area determined by the City Council of the City of Lubbock (the "City Council") to be considered for annexation (the "Area"); and WHEREAS, the City Council finds that there are fewer than one hundred (100) separate tracts of land on which one (1) or more residential dwellings are located in the Area; and WHEREAS, all required notices, including written notice of intent to annex the Area to each property owner, each public entity, and each railroad company within the Area, as required by Section 43.062 of the Texas Local Government Code, have been made in accordance with applicable law; and WHEREAS, all required notices to each public school district and each public entity in the Area were sent as required by Section 43.905 and Section 43.9051 of the Texas Local Government Code; and WHEREAS, as required by Section 43.063 of Texas Local Government Code, the City Council conducted public hearings on March 8, 2018 at 5:30 p.m. and March 22, 2018 at 5:30 p.m., and at each public hearing, persons interested in the annexation were given the opportunity to be heard; and WHEREAS, according to the direction of the City Council in Resolution 2017-R0303, City staff prepared a service plan for the Area in accordance with Sections 43.065 and 43.056 (b)- (o) of the Texas Local Government Code, with said service plan providing for full municipal services to the Area and being made available and explained to the public at the scheduled public hearings; and WHEREAS, subject to the exceptions provided in Section 43.002(c) and Section 229.002 of the Texas Local Government Code, neither the City Council nor City staff may prohibit certain existing and planned land uses in the Area that satisfy the requirements of Section 43.002(a) of the Texas Local Government Code; and WHEREAS, the City Council intends to delay its authority to prohibit the uses described in Section 43.002(c)(7) of the Texas Local Government Code until January 31, 2019; and WHEREAS, City staff, on or about February 5, 2018, by certified mail return receipt requested, mailed an offer to make a development agreement to each property owner of land within the Area that is subject to an agricultural use, timber land, or wildlife management ad valorem tax exemption, as determined by the Lubbock Central Appraisal District, as required by Section 43.016 of the Texas Local Government Code; and WHEREAS, the City Council finds that each property owner of land within the Area that is subject to an agricultural use, timber land, or wildlife management ad valorem tax exemption has been offered a development agreement pursuant to Section 43.016 of the Texas Local Government Code, and that each owner has either accepted or rejected the offer to make a development agreement with a copy the description of the property exempt from annexation through such accepted development agreements being attached to this Ordinance as "Exhibit C"• and WHEREAS, the development agreements offered by the City under Section 43.016 of the Texas Local Government Code are effective only if the area including the property that is the subject of the development agreement is actually annexed by the City Council; and WHEREAS, property that is the subject of a development agreement offered by the City under Section 43.016 shall retain its extraterritorial status and the owner of such property must abide by the City's development regulations as if such property were within the City limits, as provided further in such development agreement; and WHEREAS, the land which is adjacent or contiguous to an area that is subject to a development agreement is considered adjacent or contiguous to the City; and WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to annex the Area into the City of Lubbock; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Area, which is further depicted and described in the attached "Exhibit A" and incorporated herein for all intents and purposes, which abuts and is adjacent to the existing corporate limits of the City of Lubbock, Texas, is hereby annexed into, and included within, the corporate limits of the City of Lubbock, Texas, save and except the property exempted from annexation through a development agreement, with the description of such exempt property being attached to this Ordinance as "Exhibit C". SECTION 2. THAT the service plan, attached as "Exhibit B" and incorporated herein by reference for all purposes, was submitted in accordance with Chapter 43 of the Texas Local Government Code and is hereby approved as part of this Ordinance. SECTON 3. THAT the City Council hereby declares it to be its purpose to annex into the City of Lubbock every part of the Area described in Section 1 of this Ordinance save and except the property exempted from annexation through a development agreement, with the description of such exempt property being attached to this Ordinance as "Exhibit C", regardless of whether any part of the Area is not hereby effectively annexed into the City. Should this Ordinance for any reason be ineffective as to any part or parts of the Area hereby annexed into the City of Lubbock for full purposes, the ineffectiveness of this Ordinance as to any such part or parts shall not affect the effectiveness of this Ordinance as to the remainder of the Area. SECTION 4. THAT the City Council, pursuant to Section 43.057 of the Texas Local Government Code, hereby finds that the proposed annexation would cause certain areas to be entirely surrounded by the annexing municipality, but would not include those areas within the municipality, and that so surrounding those areas is in the public interest. SECTION 5. THAT the City Engineer, or his designee, is hereby authorized and directed to correct the map of the City of Lubbock by adding thereto the Area annexed by this Ordinance, indicating on the map the date of annexation and the number of this Ordinance. The City Secretary and the City Engineer shall each keep in their respective offices an official map of the City of Lubbock showing the boundaries of the municipal corporation, including this annexation. SECTION 6. THAT, after final passage by the City Council, this Ordinance shall become effective on July 1, 2018. SECTION 7. THAT should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 8. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading on April 12, 2018 Passed by the City Council on second reading on May 10, 2018 DANIEL M. POPE, MAYOR ATTEST: 5'K---- Retcca Garza, City Secretary 0 APPROVED AS TO CONTENT: Lata ishnarao, Interim Director of Planning APPROVED AS TO FORM: Justin Yruitt, A�sistant City Ord. Annexation — Area F-1 — Northwestern Lubbock (Amended at 2"d Reading) March 3, 2018 EXHIBIT A Depiction & Description of the Annexation Area EXHIBIT A(1) Sec. 24, Blk. JS Sec. 23, Blk. JS _ I Sec. 22, Blk. JS Sec. 11, Blk. JS Sec. 25, Blk. JS j 2005-00030 Sec. 8, Blk. JS Ord. zoos-00014 Ord. 2006-00068 Sec. 3, Blk. JS S Ord.2536 Sec. 6, Bik. JS Ord. �I fO 18-0002 Ord. 2012-00076 Ord. -659 _ I I Sec. 2, Blk. JS Sec. 1, Blk. JS _.-J }7r: HUGO REED AND ASSOCIATES, INC. 11� 1601 AVENUE N ! LUBBOCK, TEXAS 79401 ! 8061763-5642 1 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS EXHIBIT A(2) DESCRIPTION FOR ANNEXATION METES AND BOUNDS DESCRIPTION of a tract of land located in Sections 7, 11 and 12, Block JS, Lubbock County, Texas, containing approximately 1,057 acres, being further described as follows: BEGINNING at a point in the present city limits as established by City of Lubbock Ordinance Nos. 6596 and 2018-00022 which bears North a distance of 660 feet and West an approximate distance of 1,809 feet from the Southeast corner of Section7, Block JS, Lubbock County, Texas; THENCE West, along the North line of said Ordinance 6596 an approximate distance of 2,316 feet to the Southeast corner of that 51.29 acre tract described in City of Lubbock Ordinance 2005-00014; THENCE North, along the East line of said Ordinance 2005-00014 a distance of distance of 1,949.51 feet; THENCE West, along the North line of said Ordinance 2005-00014 a distance of 1,089.67 feet to a point in the present city limits as established by City of Lubbock Ordinance 2006-00068; THENCE North, along said line of Ordinance 2006-00068 an approximate distance of 405 feet; THENCE East an approximate distance of 15 feet to a point being 70 feet East of the West line of Section 7, Block JS, Lubbock County, Texas; THENCE North, 70 feet East of and parallel to the West line of said Section 7 and the West line of Section 12, Block JS, an approximate total distance of 7,454 feet to a point 100 feet South of the North line of said Section 12; THENCE East, 100 feet South of and parallel to said North line of said Section 12, an approximate distance of 5,149 feet to a point in the West line of that tract described in City of Lubbock Ordinance 2005-00030, said point being 60 feet West of the East line of said Section 12; THENCE South, 60 feet West of and parallel with the East line of said Section 12, and along the West line of said Ordinance 2005-00030 a distance of 2,539 feet; THENCE East, along a line of said Ordinance 2005-00030, an approximate distance of 1,005 feet; THNECE South, along a West line of said Ordinance 2005-00030, a distance of 2014.80 feet; THENCE East, along a line of said Ordinance 2005-00030, a distance of a distance of 1205.48 feet; COL Annex Area FI Page I of 3 THENCE South, along a West line of said Ordinance 2005-00030 a distance of 475.00 feet to a point in the present city limits as established by City of Lubbock Ordinance 2536; THENCE West, 150 North of and parallel to the North line of Section 7, Block JS, Lubbock County, Texas, and along the North line of Ordinance 2536 an approximate distance of 2,300 feet to a point 150 feet West and 150 feet North of the Northeast corner of said Section 7; THENCE South, along the West line of said Ordinance 2536 an approximate distance of 3,022 feet to the Northeast corner of the present city limits as established by City of Lubbock Ordinance No. 2012-00076; THENCE West, along the North line of said Ordinances 2012-00076 and 2018-00022, a distance of 1,664.65 feet; THENCE South, along the West line of said Ordinance 2018-0022 a distance of 1735.68 feet to the Point of Beginning. SAVE AND EXCEPT a portion of a Lots 1 thru 45, Northwest Acres, an Addition to the County of Lubbock, Texas, being further described as follows: BEGINNING at the Northeast corner of Lot 45, said Northwest Acres, being a point in the South right-of- way line of Ursuline Street which bears West approximately 660.0 feet and South approximately 55.0 feet from the Northeast corner of Section 7, Block JS, Lubbock County, Texas; THENCE South, along the Eastern boundary of said plat limits, an approximate distance of 1,795.0 feet to the Northwest corner of Lot 28; THENCE East, along the Northern boundary of said plat limits, an approximate distance of 150.0 feet to the Northeast corner of said Lot 28 and the Northwest corner of Lot 27; THENCE South, along the Western boundary of said Lot 27, an approximate distance of 390.0 feet to a point at the Southwest corner of said Lot 27; THENCE East, along the Southern boundary of said Lot 27, an approximate distance of 110.0 feet; THENCE South, at an approximate distance of 60.0 feet pass the Northeast corner of Lot 22, and continuing for a total approximate distance of 400.0 feet to the Southeast corner of Lot 22 and the Southern said plat limits; THENCE West, along said plat limits, an approximate distance of 994.3 feet to the Southwest corner of said plat limits; COL Annex Area F 1 Page 2 of 3 THENCE North, along said plat limits, an approximate distance of 2,585 feet to the Northwest corner of Lot 1, being a point in the South right-of-way line of said Ursuline Street; THENCE East, along said South right-of-way line and the Northern boundaries of said Lots 1 and 45 an approximate distance of 732.8 feet to the Point of Beginning. Bearings relative to previously recorded Annexation Ordinances and Section lines in the area presumed as North-South/East-West Bearings relative to previously recorded Annexation Ordinances and Section lines in the area presumed as North-South/East-West June 4, 2018 OF AMRT A. CHRISTOP►iER %.p0 5167 err Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. COL Annex Area F1 Page 3 of 3 EXHIBIT B Service Plan for the Annexation Area EXHIBIT B MUNICIPAL SERVICE PLAN FOR AREA "F-1" FIRE AND RESCUE SERVICES Existing Services: None Services to be Provided: Fire suppression and Basic Life Support (BLS) First Responder emergency medical response will be available to the area upon annexation. Primary fire and BLS First Responder emergency medical response will be provided by Fire Station No. 13, located at 540 N. Fulton Avenue, Station 7, located at 202 Slide Road and Station No. 3, located at 6420 25'h Street. Station No. 13 is approximately 1.5 miles from the proposed annexation with an approximate response time of 3 to 4 minutes. Station 7 is approximately 3.3 miles from the proposed annexation with an approximate response time of 5 to 6 minutes. Station No. 3 is approximately 3.8 miles from the proposed annexation with an approximate response time of 5 to 6 minutes. Fire suppression and BLS First Responder emergency medical response activities can be afforded to the annexed area within current appropriation within a desirable response time. Fire Prevention activities will be provided by the Fire Marshal's office, as needed. Emergency medical transport is provided by the Lubbock County Hospital District. POLICE SERVICES Existing Services: None Services to be Provided: The Police Department's responsibility for responding to emergency and non -emergency law enforcement calls for service and to provide law enforcement patrol coverage in an effort to prevent, reduce, mitigate and solve crimes will extend to this area on the effective date. These services can be provided within the department's current budget. BUILDING SAFETY SERVICES Existing Services: None Services to be Provided: The Building Safety Department will provide construction code enforcement services upon annexation. This includes construction plan review and field inspection services and the issuance of building, electrical and plumbing/mechanical permits for any new construction and remodeling, as well as enforcement of all other applicable laws and codes that regulate building construction within the City of Lubbock. It is anticipated that such services can be provided with current personnel and within the current budget appropriation. As land is developed, the need for additional personnel and budget appropriations will be dependent upon the type, intensity and rate of development within the annexed area as well as areas that compete for those resources. EXHIBIT B PLANNING AND ZONING SERVICES Existing Services: Subdivisions of land within the five -mile extraterritorial jurisdiction (ETJ) of the city are required to have a plat of the subdivision prepared in accordance with the City of Lubbock subdivision regulations. Currently, plats and subdivisions in the ETJ are approved administratively by the Planning Department or by the Planning and Zoning Commission, as well as the County Commissioner's Court, as may be dictated by applicable state statutes and City ordinances. Similarly, signs and billboards are regulated within the ETJ pursuant to the City's sign ordinance, as authorized by State law. No other Planning department services are authorized or offered outside of the City hints, including zoning. Services to be Provided: The Planning and Zoning Department's responsibility for regulating development and land use through the administration of the City of Lubbock Zoning Ordinance will extend to this area on the effective date of the annexation. The annexed areas will also continue to be regulated under the requirements of the City of Lubbock Subdivision Ordinance. These services can be provided within the department's current budget. GIS AND DATA SERVICES Existing Services: None Services to be Provided: GIS and Data Services will update all city-wide GIS data sets to include the newly annexed areas. This will include support to the Office of City Secretary for elections requirements, to Building Inspection, Streets and Traffic Engineering for addresses, street names and street signs, and to Planning for transitional zoning. GIS will facilitate a meeting with Lubbock Emergency Communication District, Police and Fire for determination of updated information for 911 Dispatch. Updated GIS information that is public will also be reflected on the GIS mapping website for citizens. LIBRARY SERVICES Existing Services: The Library's materials, services, and programs are currently available to anyone who lives in Lubbock County. Services to be Provided: The Library will continue to provide services to all of Lubbock County, including the area to be annexed. These services are provided within the department's current budget. CODE ADMINISTRATION/ENVIRONMENTAL HEALTH SERVICES Existing Services: None EXHIBIT B Services to be Provided.• The City of Lubbock's Code Administration/Environmental Health Departments will implement the enforcement of local ordinances and regulations on the effective date of the annexation. Such services can be provided with current Code Administration/Health Department Personnel and within the current budget appropriation. As land is developed, increases in personnel and budget will be needed in order to provide the same level of customer service. ANIMAL SERVICES Existing Services: None. Currently, the area is under the jurisdiction of the Lubbock County Sheriff's Office. Services to be Provided: Animal control services will be provided to the area as needed. The City of Lubbock Animal Services Department will implement the enforcement of the City of Lubbock's animal control ordinances and regulations upon the effective date of the annexation. It is anticipated that such services can be provided with current personnel and budget appropriation, but response times may increase. STREET SERVICES Existing Services: Lubbock County Public Works currently maintains the county roads Services to be Provided: In accordance with the Master Thoroughfare Plan, the proposed annexation area will add approximately 5 centerline miles of thoroughfare roadways to the City's infrastructure. As development occurs, the City's current policies require the City to design and build thoroughfares. Capital projects may be required in the future to provide adequate funding to support this anticipated growth. The timing of these improvements would be contingent on available funding and growth patterns in these areas STORM WATER MANAGEMENT SERVICES Existing Services: City maintains jurisdiction of playa lakes within the ETJ. TCEQ (Texas Commission on Environmental Quality) has jurisdiction of enforcement and compliance with stormwater related permits outside the City limits. Services to be Provided: As land is developed, developers will provide plans for addressing the conveyance of storm water drainage. The Development Engineering staff will review the drainage plans for compliance with the current drainage regulations and policies. Any major improvements for conveyance will be inspected for compliance by the city staff at time of completion. Additionally, as land is developed and building permits are requested, Storm Water staff reviews each permit request for compliance with the Chapters 22 (City's Stormwater permit) and Chapter 30 (Lakes and Floodplains) of the City Code. After permit issuance, inspections of the construction sites are to ensure compliance with the City Code and state regulations. Depending on the type and intensity of development within the annexed area, the EXHIBIT B need for additional personnel and budget appropriations may be needed to provide adequate customer service (development and permit review and inspections). TCEQ Stormwater permit holders will be transitioned from TCEQ oversight to City of Lubbock oversight, i.e. inspection and compliance of these existing facilities will now be the responsibility of the Storm Water Staff. STREET LIGHTING Existing Services: None Services to be Provided.- The City of Lubbock will coordinate any request for improved street lighting with the local electric provider in accordance with standard policy. TRAFFIC ENGINEERINGSERVICES Existing Services: None Services to be Provided.• Upon annexation and in conjunction with the platting process, Traffic Engineering will identify and install required traffic signs to be installed at the developer's expense. Other regulatory traffic control devices will be provided after appropriate studies indicate the data meets the minimum requirements as set forth in the Texas Manual on Uniform Traffic Control Devices (TMUTCD) and as budget permits. WATER AND SANITARY SEWER SERVICES Existing Services: None Services to be Provided: a) Water and sewer are not readily available in a majority of areas proposed for annexation. b) Major main extensions to these areas will need to be considered by City Council for future capital improvements projects to service these areas. FM 2528 will need fire protection through a capital improvements project within 2.5 years of annexation. Up to nine fire hydrants will be provided within Harvard St. to Kent St. c) Kent St. will need fire protection through a capital improvements project within 2.5 years of annexation. Up to two fire hydrants will be provided within FM 2528 to US 84 Water for fire protection prior to the extension of water lines from the City on County Roads on all annexed areas will need to be provided for through pump trucks. d) Removed by direction of Council. e) Removed by direction of Council. EXHIBIT B f) Spanish Bit Court Development will need fire protection through a capital improvements project within 2.5 years of annexation. Up to nine fire hydrants will be provided within C.R. 6400 to Princeton Ave g) Availability of water and sewer prior to or beyond the extension of a capital improvements project is at the request and expense of the developer, and shall be provided within current policies and ordinances of the City (see below for explanation of pro-rata charges. h) Water and sewer for domestic and commercial use, when installed will be available at approved City rates. i) Water for fire protection will be available through lines only after main extensions through a capital improvements project or development has occurred. Water in fire truck pumpers or in relay from existing sources will be used for fire suppression until that time for existing structures. j) Total CIP Projected costs for area F-1 is $1,700,000 for fire protection. Pro -Rats Charges: Chapter 22.05 of the Code of Ordinances, City Code establishes the charges or the actual cost of construction due on all property to which water and/or sewer lines are extended. The charge is generally known as "pro-rata" and is due and payable before service is provided. The pro-rata charge represents a portion of the costs of providing water and/or sewer facilities to serve the property on which the pro-rata is paid. When a person desires water and/or sewer service to property that requires an extension of existing facilities to provide service adjacent to the property or when the service connection will be made to a line constructed after April 1, 1952, the person desiring service shall pay non- refundable charge called pro-rata. The pro-rata charges include $15.00 per front foot of lot or tract to be serviced for sewer and $12.00 for water, unless the actual extension cost is greater, then the charge is per actual cost. When an extension of water/sewer facilities exceeds the above costs, the person(s) desiring service shall pay the entire cost and later be refunded that amount above pro-rata when other persons tie onto service and pay their pro-rata. Ordinance 22.05 specifies other items including: a) pro-rata on property already platted, and extension of services, b) pro-rata and extensions to property being platted, c) sizes of lines and meter sizes, d) location for service connection, e) deposits, charges, refunds, f) cost of large mains may be partially paid by City, and other considerations, g) when the City Council can declare a health hazard and install mains at public expense. EXHIBIT B SOLID WASTE SERVICES Existing Services: None Services to be Provided: Solid Waste Collection shall be provided to the area of annexation in accordance with the present ordinance. Service shall comply with existing City policies, beginning with occupancy of structures. Since there is potential residential growth within this area of annexation, impact to services has been determined to be gradual. Additional driver and equipment can be projected when 1,000 residential unit structures are occupied, and an increase in staffing and equipment will be needed as development continues within this proposed annexation area and exceeds route collection averages. The landfill will be able to handle this request. The only impact would be that the City could anticipate landfilling additional solid waste tonnage and ultimately developing the next landfill cell sooner than currently projected. MISCELLANEOUS All other applicable municipal services will be provided to the area in accordance with the City of Lubbock's established policies governing extension of municipal services to newly annexed areas. 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