Item 4J
Department of Planning & Development Services
MEMORANDAM
October 12, 2015
TO: Shana K. Yelverton, City Manager
FROM: Kenneth M. Baker, Senior Director of Planning and Community
Development
SUBJECT: Item 4J - Resolution 15-050, Consider approval of a boundary
adjustment agreement with the Town of Westlake
Request:
Resolution 15-050, Consider approval of a boundary adjustment
agreement with the Town of Westlake resulting in 8.88 acres being
added to the City of Southlake.
Background:
A Zoning and Development Plan for Savanah Estates (now known
as Southlake Meadows) was approved by City Council on March
5, 2013. The subdivision is located north of Dove St. and east of
Sam School Road and is currently under construction. The zoning
approval permits the development of a residential subdivision
consisting of ninety six (96) residential lots and six (6) open
space/common area lots on approximately 77.05 acres. The
development has a density of 1.246 units/acre and the minimum
residential lot size required for this neighborhood is 15,000 square
feet. Approximately 17% of the development will be dedicated to
open space.
The development plan approved with the Savanah Estate
subdivision rezoning indicated residential lots with open space
located in the Town of Westlake. These residential lots if
developed would have access onto a street (identified as
Jamestown Lane on the Development Plan) which is located in the
City of Southlake (See Attachment A). Because these residential
lots were outside Southlake’s jurisdictional boundary the City
Council could not provide the applicant approval or direction
regarding the lots and it was understood that any approval for
these lots would need to be through the Town of Westlake.
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The City of Southlake received a letter from Town of Westlake
dated June 11, 2015 requesting consideration of a boundary
adjustment on 8.8 acres in order to bring this area into Southlake’s
city limits (See Attachment B). In the letter the Town of Westlake
cited the following reasons that a boundary adjustment would be
beneficial to both communities which included the following:
The physical layout does not provide direct access for the Town of
Westlake emergency response and may add to confusion for future
resident who believe that they are in Southlake;
The developer will have to install redundant infrastructure in order
for the lots to be served by the Town of Westlake utilities and would
add unmetered sanitary Sewer flows and disrupt our memorandum
of understanding and eventual inter local efforts that we are
working on.
The impact of nine lots to Westlake Academy.
Prior to any development occurring (If boundary adjustment is
approved), a land use plan amendment and a zoning/development
plan will need to be approved by City Council, following a
recommendation by the Planning and Zoning Commission.
Financial
Considerations:
As a result of the proposed boundary adjustment, property tax
revenues would increase approximately $45,000 annually.
Alternatives
The City Council may approve or deny this resolution.
Legal
Review:
The City Attorney’s office has reviewed the proposed resolution.
Supporting
Documents:
1)Approved Savanah Estates Development Plan (Attachment A)
2) Letter from the Town of Westlake dated June 11, 2015 (Attachment B)
3) Resolution 15-050 – Boundary Adjustment Agreement (Attachment C)
Staff Contact:
Ken Baker, 817-748-8067
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ATTACHMENT A – Savannah Estates Development Plan
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ATTACHMENT B – Westlake Letter
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ATTACHMENT C
STATE OF TEXAS §
§ BOUNDARY ADJUSTMENT AGREEMENT
COUNTY OF TARRANT §
This Boundary Adjustment Agreement (“Agreement”) is made by and between the Town of
Westlake, Texas (“Westlake”), a Type-A general law municipality and political subdivision of the
State of Texas and the City of Southlake, Texas (“Southlake”), a home rule municipality and political
subdivisions of the State of Texas.
WHEREAS,
pursuant to the authority granted in Section 43.031 of the Texas Local
Government Code, as amended, adjacent municipalities may change boundaries by agreement, if the
area is less than 1,000 feet in width; and
WHEREAS,
Westlake and Southlake are adjacent; and
WHEREAS,Exhibit A
“Tract A”, as described and depicted in , which is attached hereto and
incorporated herein by reference, is uninhabited and is less than 1,000 feet in width; and
WHEREAS,
Westlake and Southlake desire to identify mutually agreeable corporate
boundaries between the two communities; and
WHEREAS,
this Agreement has been approved by the governing bodies of Westlake and
Southlake; and
WHEREAS,
the governing bodies of Westlake and Southlake have determined this
Agreement to be in the best interests of the health, safety, and welfare of the public; and
WHEREAS,
Westlake and Southlake, in the true spirit of governmental cooperation, intend
this Agreement to reflect sound growth management principles and interregional planning.
NOW, THEREFORE,
Westlake and Southlake, for the mutual consideration hereinafter
stated, agree and understand as follows:
The findings set forth above are deemed to be true and correct and are incorporated into the
body of this Agreement as if fully set forth herein.
From and after the Effective Date of this Agreement, Westlake and Southlake hereby agree
Exhibit A
that Tract A, as described and depicted in the , shall be released from the corporate
boundaries of Westlake and simultaneously incorporated into the corporate boundaries of Southlake.
Westlake hereby releases, relinquishes and discontinues any claim or entitlement to Tract A, as
being within the corporate limits of Westlake.
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Southlake hereby extends its corporate boundaries to include Tract A as being within the
corporate limits of Southlake.
The laws of the State of Texas shall govern the interpretation, validity, performance, and
enforcement of this Agreement. The parties agree that this Agreement is performable in Tarrant
County, Texas, and that exclusive venue shall lie in Tarrant County, Texas.
This Agreement embodies the entire agreement between the parties and may only be modified
in a writing executed by both parties.
This Agreement shall be binding upon the parties hereto, their successors, and assigns. Neither
of the parties will assign nor transfer an interest in this Agreement without the written consent of the
other party.
Effective Date. The effective date of this Agreement shall be the last day this Agreement is
approved by a party hereto as indicated on the signature blocks below (the “Effective Date”).
Either party may file a certified copy of this Agreement in the real property records of Tarrant
County, Texas.
If any article, paragraph, subdivision, clause, or phrase of this Agreement be adjudged invalid
or held unconstitutional for any reason, such judgment or holding shall not affect the validity of this
Agreement as a whole or any part or provision thereof other than the part so declared to be invalid or
unconstitutional.
It is expressly understood and agreed that, in the execution of this Agreement, no party
waives, nor shall be deemed hereby to have waived, any immunity or defense that would otherwise be
available to it against claims arising in the exercise of governmental powers and functions. By entering
into this Agreement, the parties do not create any obligations, express or implied, other than those set
forth herein, and this Agreement shall not create any rights in parties not signatories hereto.
APPROVED
by the Town Council of the Town of Westlake, Texas, at its meeting held on
the ____ day of _____________, 2015, and executed by its authorized representative.
TOWN OF WESTLAKE, TEXAS
By: ____________________________________
Laura Wheat, Mayor
ATTEST:
By:
Kelly Edwards, Town Secretary
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APPROVED
by the City Council of the City of Southlake, Texas, at its meeting held on the
____ day of ___________, 2015, and executed by its authorized representative.
CITY OF SOUTHLAKE, TEXAS
By: ____________________________________
Laura Hill, Mayor
ATTEST:
By:
Lori Payne , City Secretary
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WESTLAKE’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF TARRANT §
The foregoing Boundary Adjustment Agreement was acknowledged before me on this the
______ day of _________________, 2015, by the Honorable Laura Wheat, Mayor of the Town of
Westlake, a Texas municipal corporation, on behalf of said municipality.
_______________________________________
Notary Public, State of Texas
SOUTHLAKE’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF TARRANT §
The foregoing Boundary Adjustment Agreement was acknowledged before me on this the
______ day of _________________, 2015 by the Honorable ________________, Mayor of the City
of Southlake, a Texas municipal corporation, on behalf of said municipality.
_______________________________________
Notary Public, State of Texas
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EXHIBIT A
Resolution 15-050
Resolution 15-050