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HomeMy WebLinkAboutResolution - 2023-R0088 - Accept Upland Crossing 3 PID Petition and call for Public HearingResolution No. 2023-R0088 Item No. 6.7 February 14, 2023 RESOLUTION WHEREAS, the City of Lubbock, Texas (the "City") has received a petition requesting the creation of a public improvement district (the 'PID Petition") according to Chapter 372 of the Texas Local Government Code (the "Code"), and a copy of the PID Petition is attached as "Exhibit 1" to this Resolution; and WHEREAS, the PID Petition contains signatures from: (a) The owners of taxable real property representing more than fifty percent (50%) of the appraised value of the real property liable for assessment within the area described in the PID Petition as determined by the current roll of the Lubbock Central Appraisal District, with such area being known as Upland Crossing 3 and which is depicted and described in the attached 'Exhibit 2;"and, i (b) The record owners of real property liable for assessment under the PID Petition who: (1) Constitute more than fifty percent (50%) of all record owners of property that is liable for assessment under the area depicted and described in the PID Petition; and (2) Own taxable real property that constitutes more than fifty percent (50%) of the area of all taxable real property that is liable for assessment under the area depicted and described in the PID Petition; and WHEREAS, the PID Petition has been examined and verified by City staff and is now found by the City Council of the City (the "City Council") to meet the requirements of the Code and to be sufficient for consideration by the City Council; and WHEREAS, the City Council desires to accept the PID Petition and desires to schedule a public hearing to consider the formation of a public improvement district for the area depicted and described in 'Exhibit 2," with such public improvement district proposed to provide for the: (a) Acquisition, construction, or drainage facilities or improvements, the design, construction, and maintenance of parks and green spaces, together with any ancillary structures, features, or amenities such as playgrounds, splash pads, pool(s), athletic facilities, pavilions, community facilities, irrigation, walkways, lighting, benches, trash receptacles and any similar items located there in along with all necessary grading, drainage, and similar infrastructure involved in the construction of such parks and greens; landscaping, hardscaping and irrigation; and '(b) Payment of costs associated with developing and financing the public improvements listed in subdivision (a) including costs ofestablishing, administering, and operating the District: NOW, THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: THAT the Council finds that the PID Petition meets the requirements of the Code and, therefore, the Council hereby accepts the PID Petition as presented by the petitioner. SECTION 2: THAT a public hearing is hereby scheduled at 2:00 PM, March 7, 2023, in the City Council Chambers, 1314 Avenue K, Lubbock, Texas, to receive public comment on the formation of a public improvement district for the area depicted and described in 'Exhibit 2." SECTION 3: THAT notice of said hearing shall be published in a newspaper of general circulation in the City before the fifteenth (15th) day prior to the hearing. SECTION 4: THAT written notice shall be mailed to each property owner, as reflected on the tax rolls, of the property subject to assessment under the proposed public improvement district, before the fifteenth (15th) day prior to the date set for the hearing. I Passed by the City Council this 14th day of February , 2023. ATTEST: 'Pj-� Rebe a Garza, City Secr APPROVED AS TO CONTENT: — --I�L /'/T� D. u Kos elich, Chie inancial Officer APPROVED AS TO FORM: I& elli Leisure, Assistant City Attorney Ccdocs://UC3 Petition Resolution and Calling Public Hearing 2.8.23 Resolution No. 2023-R0088 ��I�daa BETENBOUGH HOMES February 3, 2023 Brianna Brown Business Development Director City of Lubbock 1314 Avenue K Lubbock, TX 79401 RE: Upland Crossing, Public Improvement District 3 Dear Honorable Mayor and City Council, Upland Crossing 3 PID is a residential development within the city limits of the City of Lubbock bound on the North by 261 Street, adjacent to the East by Pine Hills Estates, and adjacent to Upland Ave on the West and 340 Street to the South. We are proposing to create a Public Improvement District, "PID", to maintain the public improvements for Upland Crossing 3 PID. In order to comply with the "Public Improvements District Policies and Guidelines", we are providing information as required in Section Ill. "Guidelines", b. "Petition Requirements": 1. Betenbough Homes has purchased/optioned almost 22.646 acres. Betenbough Homes plans to invest $250,000 in improvements for this park system before it would be deeded over to the City of Lubbock and the PID. We will be here to help keep the PID healthy and thriving. We have vested Interest in making this PID healthy and self-sufficient. 2. This requirement is addressed in Section 5 of the accompanying Petition. 3. This requirement is addressed in Section 1 of the accompanying Petition. 4. This requirement is addressed in Section S of the accompanying Petition. S. If there is suffident support to petition to dissolve the Public Improvement District certain requirements in addition to sufficient support must be met in order to dissolve the PID. Those requirements include arrangements to transfer ownership and maintenance of the City owned and PID maintained property. These arrangements are to be made by the City Manager or designee with funds available to the PID. Betenbough Homes will have been responsible for some maintenance before the park system would be deeded over. With having supported some maintenance, we feel we will have an accurate representation of cost to propose for the service plan. So far, all of our proposed service plans, are reviewed by dry staff, and approved by city council. 6. This requirement has been met by the map of the area that is attached to this Petition. B ETEN B OUGH HOMES 7.Operation of the PID process shall be consistent with the bylaws for Public Improvement Districts for the City of Lubbock. If a board is not established, then the operation of any PID actions will be managed by the City Manager or designee. 8. This requirement is generally addressed in Section 2 of the petition. Addressing this specific PID there will be a drainage basin that will function as drainage storage for the community. The PID will allow the basin to be well maintained. 9. Each parcel of City -owned land will be identified as a "Tract" at time of platting. 10. General description of proposed improvements is addressed in Section 2 of the Petition. 11. The estimated total cost of the improvements is approximately $250,000 and will be paid and constructed by the developer, Betenbough Homes does not desire any reimbursement. The estimated cost of the maintenance is approximately $10,000 per year and is to be paid for by the PID as soon as the funds are available. This is the estimated cost for the entirety of the "park system". 12. Addressing this requirement we have provided a service and assessment plan that is attached as part of this application. 13. Method of assessment will be based on the net taxable value of the affected properties and will be assessed at $.18 per $100.00 valuation. 14. Documentation of liability Insurance will be provided as requested by the City of Lubbock. 15. This requirement is addressed in Section 6 of the accompanying Petition. 16. This requirement is addressed in Section S of the accompanying Petition. 17. This requirement is met with the attached spreadsheet documenting the provided service and assessment plan. Our goal is to provide all of the Information requested to continue with the creation of this PID. Please let us know if you have any questions or require any additional information. X 64- Chris Berry Land Development Manager Betenbough Homes PE'IITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT TO FINANCE IMPROVEMENTS TO UPLAND CROSSING 3 PUBLIC IMPROVEMENT DISTRICT THE STATE OF TEXAS $ CITY OF LUBBOCK $ TO: THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF LUBBOCK: The undersigned petitioners (the "Petitioners"), acting pursuant to the provisions of Chapter 372, Texas Local Government Code, as amended (the "Act"), request that the City of Lubbock create a public improvement district (the "District) in the territory described in Exhibit A attached hereto (the "I.and") within the City of Lubbock, Texas (the "City"), and in support of this petition the Petitioners would present the following: Section 1. Standing of Petitioners. In compliance with the requirements of Texas Local Government Code, Section 372.005(b), as determined by the current roll of the Lubbock Central Appraisal District, the Petitioners constitute: (i) the owners of taxable real property representing more than 50% of the appraised value of real property liable for assessment under the proposal described herein, and (ii) the record owners of taxable real property that constitutes more than 50% of the area of all taxable real property that is liable for assessment under such proposal. Section 2. General nature of the proubsed gublic improvements. The general nature of the proposed public improvements is: (i)acquisition, construction, or drainage facilities or improvements, (ii) the design, construction and maintenance of parks and green spaces, together with any ancillary structures, features or amenities such as playgrounds, splash pads, pool(s), athletic facilities, pavilions, community facilities, irrigation, walkways, lighting, benches, trash receptacles and any similar items located there in along with all necessary grading, drainage, and similar infrastructure involved in the construction of such parks and greens; landscaping, handscaping and irrigation; and (ii) payment of costs associated with developing and financing the public improvements listed in subdivision (i) including costs of establishing, administering and operating the District. Section 3. Estimated cost of the proposed public improvements and annual maintenance: $250,000 estimated for proposed public improvements as mentioned in section 2. Annual maintenance costs • $10,000 for proposed improvements made by developer. Section 4. Boundaries. The proposed boundaries of the District are described in Exhibit A and Exhibit B. Section 5. Method of assessment. An assessment methodology has been prepared that will address (i) how the costs of the public improvements paid for with the assessments are assessed against the property in the District, (ii) the assessments to be collected each year, and (iii) reduction of the assessments for costs savings (pursuant to the annual review of the service plan for the District). Additionally, a report will be prepared showing the special benefits accruing to property in the District and how the costs of the public improvements are assessed to property on the basis of the special benefits. The result will be that equal shaves of the costs will be imposed on property similarly benefited In assessing the maintenance of the public improvements, property will be classified based on the net taxable value of the property. The assessment methodology will result in each parcel paying its fair share of the costs of maintaining the public improvements based on the special benefits received by the property from the public improvements and property equally situated paying equal shares of the costs of the public improvements. The annual budget is subject to review by City of Lubbock staff and final approval by the City Council. The annual assessments may be adjusted as a result of the City of Lubbock staff review and City Council approval. Section 6. Apportionment of Cost between the City and the District. The City will not be obligated to provide any funds to finance the proposed public improvements or maintain the public improvements. All of the costs of the proposed public improvements will be paid by assessments of the property within the District and from other sources of funds, if any, available to the developer of the Land. Section 7. Management of the District. The City will manage the District, or a partnership between the municipality or county and the private sector, to the extent allowed by law, the City may contract with either a non-profit, or a for -profit organization, including a public Facilities Corporation created by the City pursuant to Chapter 303, Texas Local Government Code, to cant' out all or a part of the responsibilities of managing the District, including the day -today management and administration of the Distria Section 8. Advisory board. An advisory board may be established to develop and recommend an improvement plan to the City Council of the City (the "City Council"). The signers of this petition request the establishment of the District and this petition will be filed with the City Secretary in support of the creation of the District by the City Council as herein provided. [Signature on following page] -2- PETITIONERS: Betenbough Homes LLC C. Vky Chris Berry, Land Planning Manager THE STATE OF TEXAS COUNTY OF LUBBOCK § On this, the day , 2023, before me, the undersigned Notary Public, personally Paddi Moya o acknowledged that he is Connections Specialist of Betenbough Homes, LLC, and that he, in such capacity, being duly authorized so to do, executed the foregoing petition for the purposes therein contained by signing his name in such capacity. IN WITNESS WHEREOF, I have PATRICIA M. MOYA 19 Eq"w1$= Nfty Pdk 5w of Texas Signature Page for Petition AMD Engineering and Surveying A 21A46 ACRE TRACT IN THE SOUTHWEST QUARTER OF SECTION 43, BLOCK AK, E.I.. & R.R. RR. CO. SURVEY, ABSTRACT NO.134, LUBBOCK COUNTY, TEXAS A 21.646 ate tract of lend located is the Southwest QWAW (S W/4) of Section 43, Block AK. E.L. dt R.R. RR. Co. Swvey, Abstract Number 184, Lubbock County. Texas, bang all of that certain trap of lead desen'bed as 17.70 acres in a Warranty Deed Pm de Inv 1472, Page 646 of the Deed Records of Lubbock County. Texas, and a portion of that certain tract of land described as 4.25 acres in a Warranty Deed nceorded in Vohute 6043, Page 101 of the Real Property Records of Lubbock Ceo*, Texas. said 21 A46 acre tract being farther described by metre mull m - I as folkhws: BEGINNING at a "MAO" nail set in the centerline of Upland Avenue and in the west line of said Section 43 at the southwest center of said 17.70 acre tract, sane being the most westerly northwest corner of the plat limits of pine Bills Addition, a subdivisica according to the map, plat and/or dedication deed thereof recorded in volume 1709, Page 661 ofthe Deed Records of Lubbock County. Texaa, and for the southwest corner of these plat limits, having coordinates of Northing: 7,270,725.47 and Essl 910,383A1 of the Texas Coordinate Systan of 1983 (2011 h Texas North Central Zone, whence a railroad spice found at the soatlwest comer of acid Section 43 bears S. 01° 52' 44" W. a distaaoe of 1539.75 fed, said section center having coordinates of Northing: 7",186.91 and Easting: 910,332.94 of the Texas Coordinaa System of 1983 (20111 Texas North Central Tame; THENCE N. 010 52' 44" 6, $10% the centerline of Upland Avenue and the wrest line of said Section 43 of a distance of 17&25 feet pass a railroad spike fond. eomin uiag for a total distance: of 204-33 fed to a "MA(" nail set for the most westerly northwest eorner of chase plat limits, same being the muthvnd comer of tat certain 1.00 an tract of land described in a Warranty Deed recorded in County Clank's Fik Number 201 SM570 of the Official Public Records of Lubbock County, Texas; THENCE S. Br 08' 32" I. at a distance of SS.00 fat pass a I/2" iron rod with a cap marked "AMD ENGINEERING" an is the east fight-cf-way, line of Upland Avenue, heein dedicated, conthwiag at a distance: of 55.61 fat pas a U2" iron red with a green broken cap fimud. continuing fora low distance of 29624 fed to a 1/2" iron rod with a cap mauled "RPLS 44W found at the southeast comer of said 1.00 acte pact for an al corner of these plat limits; THENCE N. 01° 48' 47" I- along the east fins of five tracts of land, being: (1) said 1.00 ace pad. (2) Lynch Addition, Las 1-A and 1.13, as addaion to the City of Lubbock, I abbock County, Taxes, accof tti to the map, plat and/or dedication deed th roof traded in Volume 8252. Page 220 of the WNW public Retards of Lubbock County, Texas, (3) that amain I -SO am tract of kind described in a Warranty Deed rcearded In Volume 2783. Page 126 of the Rol Property Records of Lnbbodc County, Taus, (4) that catain O.94 acre pact of land described in a Warmie Deed teoorded in Volume 4827, Page l88 ofdw Real Properly Lubbock. ec Hof Lubbock County. Tara, and (S)Crenwelp Addition. Lot 1. an addition to the City of County, Texas, exerting to We map, plat and/or dedication deed thereof recorded in Volume $116, Page 195 of the Rol Property Records of Lubbock Canty, Texas, at a distance of 868AS fed pass a Ur iron rod with a cap marked "AMD ENGINEERING" set In the south right-of-way line of 26th Shut, herein dedicated, continuing for a total distaha a distance of 900.45 feet to a lR" iron rod with a cap marked "AMD ENG" set In the north line of said Somhwost Quarter (S W/4) for die northwest coma ofsaid 425 sera tract and the most nokllafy northwest comer of Wee plain limft having eoadindw of NolhEnF 7,271,819.0 and Eating: 910.714.61 of the Tams Coordinate System of 1983 (201 Ik Tacos Nate Central Zone, wheaa a contort apuadk found in the cetaline of sold Upland Avarm at the west 441erter antler of acid Section 43 beers N. Or 1 V 07" W. a distance of 29521 feet, said 9twato sedimt caner having 000rdinst of Northing: 7.271.829.17 and Ealing; 910,419.61 of the Taxes Coordinate System of 1983 (2011). Taxes North Caudal Zone THENCE S. W 1 t' 07" 1, along the 900 line of said Soud west Quarter (SW/4), a distance of 317.31 fed to a W iron rod with a cap marked "AMD ENGINEERING" sec for a coax of these plat limits; THENCE S. 01" 54. 23" w, at a distance of 32.00 Ant pass a lir iron rod with a sap marked "AMD ENG" sec in the south tight -of --way line of said 26th Stram continuing for a total &am= of 200.00 fed tv a 11r iron rod with a cap marked "AMD ENGINEERING" set for an ell cones ofttese plat limits 6s1368*Sued,Sake 300 TWER%aF•9197 Oniee (8061771-3976 Lubbock Tam79114 TDFF S Reg, /10178500 Fee: (806) 771.7625 AMD Engineering and Surveying THE14CE S. 8r 11' 07" L a distance of 256.23 fat to a la" iron rod with a tiP marked "AMD ENGINEERING" set for an ell amen of these plat limits THENCE N. OP 54' 23" E, at a distance of 168.00 fed pass a I/2" iron rod with a cap marked "AMD ENGINEERING" sct in the south right-of-way line of said 26th Street, continuing for a total distance a distance of 200.00 fed to a I/2" hoo rod with a cap marked "AMD ENGINEERING" set in the north line of said Southwest Quarter (S W/4) for a comer of these plat limits THENCE S. 88" 11' Or E, along the north See of said Soodw/ t Quarter (SW/4). a distance of 272.00 fat to a Ur iron rod with a asp marked "AMD ENGINEERING" set fordo nordwast comer ofsaid 17.70 acne tract and time plat limits, having coordiaata of Norlbiolp 7,271,793.04 and Eastiag 91 I,559.72 of the Texas Coordinate System of 1983 (2011). Texas North Central Zane; THENCE S. 01" S4' 23" W, a3oag the wed phut limits of said Pine Hills Addition at a distance of 32.00 feet pass a 1/2" iron rod with a cap mmked "AMD ENG0 MRIW set in the south right-of-way line of said 26th Sneer, coati at a dh mroe of 45.69 fat pass the south riga"f-way line of 26th Strew as dedicated with the plat of said Pare Hlh Addition, continuing fora WW distance of 1 I OS.33 fed to o l/2" iron rod with a asp marked "AMD ENGINEERING" set at as ell comer of the pie limits of said Pine Hills Addition for the southeast atmer of said 17.70 ace tract and chase plat limits, having coordimtes of Nat 7.27.S9 and Fasting 911.S22.96 of the Texas Coordinate System of 1983 (2011) Texas North central ZINN; THENCE N. 88° 08' 47" W, at a dtstaQoe of 1085.42 fat pass a 14" non rod with a rap marked "AMD ENGINEERING" set in the cast right-of-way fare of said UpWW Avenue, continuing for a total distance of 1140.42 fat to the Plat of Beglaahrg. Bearings and coordtown am based on the Texas Coordinate System of 1983 (201 IX Texas North Central Zone. The convergence angle to True North is -1 ° 53' 3S.SS" and due combined scale factor is 0SMS986. Distances are at surface, in U.S. Un" fen. 1, Nouns Stevens, Registered Professional nand Surveyor, do hereby oerully that this desa ue n was prepared from an actual storey of the property and that the inAnution hereon represents the findings of this survey to the best of my knowledge and belief. Surveyed August 31.2021 Norris Stevens Registered Professional Land Surveyor, State ofTexas, Seal No. 4339 ••Revised lfM= Cerrested die beadag en dw V c dl. '1.O/- ZOO 2te674 Sa r3 elk Ace. TuaaTa m 65I560 Seep, Su6a 300 TIM Rea. a F-9197 tMior 006)771,3976 I abbock. Taus 79M T11M. Ace. a10170Sa0 Fmc (806) 7717623 EXHIBIT B Sketch A-4 WA cult � ~y� ?�ict: .1'" �:# JlGGxI' ! t � J :{•iG��4'f �GE �. 7 = � �E}s � �tiefeil�4 ,J ,7.i t•}rli�'l� ��e i�T a:: o ii St2i2kk i! 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M 1.701 IJ17 IJ11 I�sl IAOf 14117 XIA M.917 19.4" 1k0a1 3ad67 11.101 11,917 As" 11.117 74.s17 at0 Asottl sk10 Too MAN" YYI u•u .. ti. ur ...r .....� _ ___ __ __ ___ s I."MM s 13�mmi D s ISA06" s 1"18.12 s 111776As s W6121 s 16.Ws61 s 172" s I"74D9 s 11.9261A 1 s I11.)"A1 tM 7 a s s jisams s 1.man s 1,1112o s MIRA1 s X24730 s 1,11744 s 1.17sA9 s IA#&^ s 3.514.91 s 1,ss5261s M.MM •nopallrvls190orIMnu• 1%Ady - - ••hommota99A/at• 1K�rWy Awnsu Mf INFOAMATm A9immume fprSIONAM Mom S lam �eMprtleg000 SIOL" S IOSOO CITY OF LUBBOCK § COUNTY OF LUBBOCK § STATE OF TEXAS § CERTIFICATION OF SUFFICIENT PETITION I hereby certify, in the performance of the functions of my office, that the attached petition, from property owners requesting the City of Lubbock establish a Public Improvement District (PID) for the proposed Upland Crossing 3 development, has been verified and is sufficient. And, that Public Improvement Districts can only be initiated by a petition of property owners who meet a value test and an area test, pursuant to Texas Local Government Code, Sec. 372.005 (b). And, the statutory two test requirement was met: (1) petition is signed by the owners of taxable real property representing more than 50% of the appraised value of the taxable real property liable for assessment by the current roll of the appraisal district (February 8, 2023), in the area known as Upland Crossing 3, as shown on the attached map; the petitioners own 100% of the area within the proposed Upland Crossing 3 PID; (2) petition must be signed by the record owners of property that constitute more than 50% of the number of record owners or the record owners of more than 50% of the area within the PID; the petitioners own 100% of the total area within the proposed Upland Crossing 3 PID area. I further certify that I am the City Secretary of the City of Lubbock, that said documents appear of record in my office, I have legal custody of said record, and that I am a lawful possessor and keeper and have legal custody of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of said office the 9th day of February, 2023. (City Seal) Rebec4a Garza City S retary City of Lubbock Lubbock County, State of Texas bbock TEXAS Date: February 8, 2023 To: Becky Garza, City Secretary From: Brianna Brown, Business Development Director CC: Blu Kostelich, Chief Financial Officer Re: Upland Crossing 3 Public Improvement District Petition Recently, the City of Lubbock received petitions from Property Owners requesting the City of Lubbock establish a Public Improvement District (PID) for the proposed Upland Crossing 3 development shown on the attached map. PID establishment can only be initiated by a petition of property owners who meet two tests outlined in the state statute. The first test is that the petition is sufficient if signed by the owners of taxable real property representing more than 50 percent of the appraised value of the taxable real property liable for assessment by the current roll of the appraisal district (February 8, 2023). Since the petitioners own 100 percent of the taxable real property value within the boundary, the petition passes the value test. The second test is that the petition must be signed by the record owners of property that constitute more than 50 percent of the number of record owners or the record owners of more than 50 percent of the area within the PID. The petitioners own 100 percent of the total area within the proposed Upland Crossing 3 PID area so they pass the area test. The notarized signature on the Upland Crossing 3 petitions were validated by a visual review and owners on the petitions were verified against the current tax roll received from Lubbock Central Appraisal District by the Business Development Department and reviewed by GIS and Data Services. I�I�tI(��I• "„ •>'I;I;t l��;l `.�a,�ssss��asssss�� _ �ss�slsss,is���ss���ss■ M Upland Crossing $ PID Parcels 0 125 250 Lot -Block Lines 50o Lub boc Feet TE74S a.r�rw.arrrar.rr'-.wwr,+rrr� wwwa rww rrr raan ors wwnwa� a-arw� a wr�w�•rr.rwrrwi-+rr No Text