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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. 1 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 2 3 ATTACHMENT A – Savannah Estates Development Plan 4 ATTACHMENT B – Westlake Letter 5 6 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. 7 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 8 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 9 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 10 EXHIBIT A Resolution 15-050 Resolution 15-050