City Council Regular Meeting

AGENDA City Council Regular Meeting Monday, August 17, 2020 1102 Lohmans Crossing Road 6:30 PM VIA VIDEOCONFERENCE This meeting of the Lakeway City Council will be conducted via videoconference, pursuant to Governor Abbott’s Temporary Suspension of Open Meetings Laws issued on March 16, 2020. As always, you may watch the meeting using the city’s live stream at: https://www.lakeway-tx.gov/1062/Videos---Meetings-Events. There will be no in-person attendance at this meeting. Citizen Participation on posted agenda items will occur via telephone. If you wish to provide comments on a specific agenda item via telephone during the meeting, submit a public comment form on the city website before 3:00 pm Monday, August 17, 2020. Go to https://lakeway-tx.civicweb.net/Portal/CitizenEngagement.aspx to complete the form. Email joanntouchstone@lakeway-tx.gov if you have any questions regarding citizen participation. City staff will send an email providing instructions for commenting during public participation via videoconference directly to those registered to comment. The same rules apply to telephone comments as to in-person comments. They must be on the topic of the agenda item, and they must be no more than 3 minutes in length. Page 1 ESTABLISH QUORUM AND CALL TO ORDER. 2 PLEDGE OF ALLEGIANCE. 3 CITIZEN PARTICIPATION FOR THE CONSENT AGENDA AND ITEM 7. CONSENT AGENDA All items may be approved by one Council vote. Members of the Council may pull items from the Consent Agenda for discussion. 4 JULY 20, 2020 REGULAR MEETING MINUTES. July 20, 2020 Minutes 5-8 Page 1 of 65  5 AUGUST 3, 2020 SPECIAL MEETING MINUTES. August 3, 2020 Minutes 9 - 10 6 TREASURER'S MONTHLY REPORT. Treasurer's Report 11 END CONSENT AGENDA 7 FINANCIAL REPORT. Financial Report 12 - 14 8 FY 21 BUDGET AND PROPOSE 2020 TAX RATE. • Presentation by City Manager Julie Oakley. • Citizen participation. • Council discussion/action. 9 PRELIMINARY PLAN REVISION: LAKEWAY HIGHLANDS PHASE 2. A REQUEST FROM CARLSON, BRIGANCE & DOERING ON BEHALF OF RH LAKEWAY DEVELOPMENT LTD., OWNER OF APPROXIMATELY 677 ACRES OF LAND KNOWN AS LAKEWAY HIGHLANDS PHASE 2, FOR PRELIMINARY PLAN REVISION. • Report by Interim Building and Development Services Director Erin Carr. • Citizen participation. • Council discussion/action. Staff Report 15 - 29 10 ORDINANCE NO. 2020-08-17-01 - ANNEXATION REQUEST: LAKEWAY HIGHLANDS, PHASE 2. A REQUEST FROM CARLSON, BRIGANCE & DOERING ON BEHALF OF RH LAKEWAY DEVELOPMENT LTD., OWNER OF APPROX. 20.747 ACRES OF LAND LOCATED EAST OF THE HIGHLANDS BLVD AND BEE CREEK RD INTERSECTION FOR ANNEXATION INTO THE CITY OF LAKEWAY WITH PROPOSED R-1 (SINGLE-FAMILY RESIDENTIAL) ZONING. • Report by Interim Building and Development Services Director Erin Carr. • Citizen participation. • Council discussion/action. Staff Report 30 - 51 Ordinance No. 2020-08-17-01 11 ORDINANCE NO. 2020-08-17-02 - ZONING REQUEST: LAKEWAY HIGHLANDS, PHASE 2. A REQUEST FROM CARLSON, BRIGANCE & DOERING ON BEHALF OF RH LAKEWAY DEVELOPMENT LTD., OWNER OF APPROX. 20.747 ACRES OF LAND LOCATED EAST OF THE Page 2 of 65  HIGHLANDS BLVD AND BEE CREEK RD INTERSECTION FOR PROPOSED R-1 (SINGLE-FAMILY RESIDENTIAL) ZONING. • Report by Interim Building and Development Services Director Erin Carr. • Citizen participation. • Council discussion/action. Staff Report 52 - 65 Ordinance No. 2020-08-17-02 12 CITIZENS PARTICIPATION FOR ITEMS NOT ON THIS AGENDA. 13 EXECUTIVE SESSION. ENTER INTO EXECUTIVE SESSION TO DELIBERATE REGARDING THE POTENTIAL PURCHASE, EXCHANGE, LEASE, OR VALUE OF REAL PROPERTY, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.072, AND TO OBTAIN LEGAL ADVICE FROM COUNSEL, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.071 (CONSULTATION WITH ATTORNEY). NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION. • Lakeway MUD Property Request. 14 EXECUTIVE SESSION. ENTER INTO EXECUTIVE SESSION TO DELIBERATE REGARDING THE PURCHASE, EXCHANGE, LEASE, OR VALUE OF REAL PROPERTY, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.072, AND TO OBTAIN LEGAL ADVICE FROM COUNSEL, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.071 (CONSULTATION WITH ATTORNEY). NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION. • Legal and Real Estate Issues Relating to the Oaks PUD/Stratus Properties. 15 EXECUTIVE SESSION. ENTER INTO EXECUTIVE SESSION TO DELIBERATE THE APPOINTMENT, EVALUATION, REASSIGNMENT, AND DUTIES OF MUNICIPAL OFFICERS, PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.074. 16 ADJOURN. Signed this 14th day of August, 2020. ________________________________ City Manager Julie Oakley on behalf of Mayor Sandra L. Cox Page 3 of 65 All items may be subject to action by City Council pursuant to Ordinance No. 2001-10-29-1, Article VI. The City Council may adjourn into Executive Session at any time during the course of this meeting to discuss any matters listed on the agenda, as authorized by the Texas Government Code including, but not limited to, Sections: 551.071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices), 551.087 (Economic Development), 418.183 (Deliberations about Homeland Security Issues) and as authorized by the Texas Tax Code including, but not limited to, Section 321.3022 (Sales Tax Information). Certification: I certify that the above notice of meeting was posted on the City of Lakeway Official Community Bulletin Board on the 14th day of August, 2020 at 3:00 p.m. Council approved agendas and action minutes are available on line at http://www.lakeway-tx.gov/. The City of Lakeway Council meetings are available to all persons regardless of ability. If you require special assistance, please contact Jo Ann Touchstone, City Secretary, at 512-314-7506 at least 48 hours in advance of the meeting. _________________________________ Jo Ann Touchstone, City Secretary Page 4 of 65  AGENDA City Council Regular Meeting Monday, July 20, 2020 1102 Lohmans Crossing Road, Lakeway, Texas 78734 6:30 PM VIA VIDEOCONFERENCE MINUTES This meeting of the Lakeway City Council will be conducted via videoconference, pursuant to Governor Abbott’s Temporary Suspension of Open Meetings Laws issued on March 16, 2020. As always, you may watch the meeting using the city’s live stream at: https://www.lakeway-tx.gov/1062/Videos---Meetings-Events. There will be no in-person attendance at this meeting. Citizen Participation on posted agenda items will occur via telephone. If you wish to provide comments on a specific agenda item via telephone during the meeting, submit a public comment form on the city website before 3:00 pm Monday, July 20, 2020. Go to https://lakeway-tx.civicweb.net/Portal/CitizenEngagement.aspx to complete the form. Email joanntouchstone@lakeway-tx.gov if you have any questions regarding citizen participation. City staff will send an email providing instructions for commenting during public participation via videoconference directly to those registered to comment. The same rules apply to telephone comments as to in-person comments. They must be on the topic of the agenda item, and they must be no more than 3 minutes in length. 1 ESTABLISH QUORUM AND CALL TO ORDER – Present: Mayor Cox, Mayor Pro Tem Higginbotham, Councilmember Howell, Councilmember Kumar, Councilmember Mastrangelo, Councilmember Smith and Councilmember Vance. Also present via videoconference: City Manager Julie Oakley, City Attorney Cobby Caputo, City Secretary Jo Ann Touchstone and Director of Communications Jarrod Wise. 2 PLEDGE OF ALLEGIANCE. 3 CITIZEN PARTICIPATION FOR THE CONSENT AGENDA AND ITEM 9 – The following person spoke via videoconference: Mark Schoenbeck. Page 5 of 65  CONSENT AGENDA All items may be approved by one Council vote. Members of the Council may pull items from the Consent Agenda for discussion. 4 MINUTES OF JUNE 15, 2020 REGULAR CITY COUNCIL MEETING. 5 MINUTES OF JULY 6, 2020 SPECIAL CITY COUNCIL MEETING. 6 AWARD CONTRACT FOR SWIM TEAM MANAGEMENT FOR THE SWIM CENTER TO THE SUCCESSFUL BIDDER AND AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT. 7 TREASURER'S MONTHLY REPORT. 8 QUARTERLY INVESTMENT REPORT FOR THIRD QUARTER FISCAL YEAR 2020. END CONSENT AGENDA Mayor Pro Tem Higginbotham pulled item 6. Councilmember Howell moved to approve the consent agenda with the exception of item 6. Councilmember Kumar seconded and the motion passed unanimously. Councilmember Smith moved to approve the recommendation to hire Lost Creek Aquatics for the coming year with the possibility of renewal for up to three years. Councilmember Kumar seconded and the motion passed 5-2 with Mayor Pro Tem Higginbotham and Councilmember Mastrangelo opposed. 9 FINANCIAL REPORT. 10 ACCEPT LAKEWAY POLICE FOUNDATION DONATION: WELLNESS PROGRAM.  Report by Chief Todd Radford – Captain David Crowder gave presentation via videoconference.  Citizen participation – No one spoke.  Council discussion/action – Councilmember Kumar moved to approve the donation. Councilmember Smith seconded and the motion passed unanimously. 11 FY 2021 BUDGET.  Presentation by City Manager Julie Oakley.  Citizen participation – No one spoke.  Council discussion/action – No action was taken. Page 6 of 65 Mayor Cox called for recess at 8:20 p.m. Reconvened to open session at 8:27 p.m. 12 ORDINANCE NO. 2020-07-20-01 CALLING SPECIAL ELECTION NOVEMBER 2, 2020 TO AMEND CITY CHARTER.  Report by City Secretary Jo Ann Touchstone. Mayor Cox called for executive session under 551.071, Consultation with City Attorney, for Legal Issues Relating to the Charter Election Ballot Propositions at 8:30 p.m. Reconvened to open session at 9:05 p.m. No action was taken in executive session.  Citizen participation – The following person spoke via videoconference: Tom Kilgore.  Council discussion/action – Councilmember Kumar moved to approve the ordinance removing proposition “F” and renumbering the propositions. Councilmember Howell seconded and the motion passed unanimously. 13 TRAVIS COUNTY ELECTION SERVICES AGREEMENT.  Report by City Secretary Jo Ann Touchstone.  Citizen participation – No one spoke.  Council discussion/action – Councilmember Smith moved to approve the agreement as presented. Councilmember Kumar seconded and the motion passed unanimously. 14 HOTEL OCCUPANCY TAX POLICY.  Report by Finance Director Shereen Gendy.  Citizen participation – No one spoke.  Council discussion/action – No action was taken. The item will brought to a future meeting. 15 HOTEL OCCUPANCY TAX FUNDING REQUEST FROM TEX ARTS.  Report by Finance Director Shereen Gendy.  Citizen participation – No one spoke.  Council discussion/action – No action was taken. Item was pulled from agenda by applicant. 16 CITIZENS PARTICIPATION FOR ITEMS NOT ON THIS AGENDA – No one spoke. Page 7 of 65 17 EXECUTIVE SESSION. ENTER INTO EXECUTIVE SESSION TO OBTAIN LEGAL ADVICE FROM COUNSEL, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.071 (CONSULTATION WITH ATTORNEY). NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION.  Legal Issues Relating to the Charter Election Ballot Propositions. 18 ADJOURN – Meeting adjourned at 10:07 p.m. Signed this _______________ day of ___________________, 2020. ________________________________ Sandra L. Cox, Mayor _________________________________ Jo Ann Touchstone, City Secretary Page 8 of 65  AGENDA City Council Special Meeting Monday, August 3, 2020 1102 Lohmans Crossing Road, Lakeway, TX 78734 6:30 PM VIA VIDEOCONFERENCE This meeting of the Lakeway City Council will be conducted via videoconference, pursuant to Governor Abbott’s Temporary Suspension of Open Meetings Laws issued on March 16, 2020. As always, you may watch the meeting using the city’s live stream at: https://www.lakeway-tx.gov/1062/Videos---Meetings-Events. There will be no in-person attendance at this meeting. Citizen Participation on posted agenda items will occur via telephone. If you wish to provide comments on a specific agenda item via telephone during the meeting, submit a public comment form on the city website before 3:00 pm Monday, August 3, 2020. Go to https://lakeway-tx.civicweb.net/Portal/CitizenEngagement.aspx to complete the form. Email joanntouchstone@lakeway-tx.gov if you have any questions regarding citizen participation. City staff will send an email providing instructions for commenting during public participation via videoconference directly to those registered to comment. The same rules apply to telephone comments as to in-person comments. They must be on the topic of the agenda item, and they must be no more than 3 minutes in length. 1 ESTABLISH QUORUM AND CALL TO ORDER – Present via videoconference: Mayor Cox, Mayor Pro Tem Higginbotham, Councilmember Howell, Councilmember Kumar, Councilmember Mastrangelo, Councilmember Smith and Councilmember Vance, City Manager Julie Oakley, City Attorney Cobby Caputo, City Secretary Jo Ann Touchstone, Communications Director Jarrod Wise, Police Chief Todd Radord, Public Works Director Dale DeLong, Parks Director Andra Bennett, Municipal Court Administrator Ruth Sandoval and Finance Director Shereen Gendy. 2 PLEDGE OF ALLEGIANCE. CONSENT AGENDA 3 AWARD BID FOR 2020 ASPHALT PAVEMENT OVERLAY IMPROVEMENTS TO THE SUCCESSFUL BIDDER AND AUTHORIZE Page 9 of 65  THE CITY MANAGER TO EXECUTE A CONTRACT. END CONSENT AGENDA Councilmember Howell moved to approve the consent agenda. Councilmember Smith seconded and the motion passed unanimously. 4 FY 2021 BUDGET.  Presentation by City Manager Julie Oakley.  Citizen participation – No one spoke.  Council discussion/action - No action was taken. Mayor Cox called for executive session at 10:01 p.m. Reconvened to open session at 10:49 p.m. No action was taken in executive session. 5 EXECUTIVE SESSION. ENTER INTO EXECUTIVE SESSION TO DELIBERATE REGARDING THE POTENTIAL PURCHASE, EXCHANGE, LEASE, OR VALUE OF REAL PROPERTY, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.072, AND TO OBTAIN LEGAL ADVICE FROM COUNSEL, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.071 (CONSULTATION WITH ATTORNEY). NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION.  Lakeway MUD Property Request 6 EXECUTIVE SESSION. ENTER INTO EXECUTIVE SESSION TO DELIBERATE THE APPOINTMENT, EVALUATION, REASSIGNMENT, AND DUTIES OF MUNICIPAL OFFICERS, PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.074. 7 ADJOURNMENT – Meeting adjourned at 10:49 p.m. Signed this _______________ day of ___________________, 2020. ________________________________ Sandra L. Cox, Mayor _________________________________ Jo Ann Touchstone, City Secretary Page 10 of 65  City of Lakeway Treasurer's Report July 31, 2020 The City continues to operate within its resources. All payments have been made on the order ofthe City Manager, attested by the Finance Director under the seal of the City. The Treasurer has reviewed the Financial Report of the City for July 31, 2020, which will be presented to the Council by the Finance Director. The city continues to be in a strong financial position. Cash Balances within the City's Funds were as follows: General Fund S 6,029,745 Hotel Occupancy Tax Fund 6,344,696 Capital Reserve Fund 3,604,665 Capital Project —PDFacility 265,012 AllOther Funds 3,291,070 Total S 19,535,188 The cash was held in the following institutions: TexPoo| S 12,068,170 Prosperity Bank 7,464,324 Petty Cash 2,694 Total $ 19,535,188 The City has four CDs in the amount of $245,000 each. One of these CD5 matures in February 2021 , one in March 2021 and two in July 2021. Respectfully, James A. Nelson Treasurer Page 11 of 65  July 30, 2020 Financial Report Shereen Gendy, CPA Page 12 of 65  FY20 GENERAL FUND BUDGET VS ACTUALS COMPARISON PERMITS & LICENSES FINES & FEES 260,540 1,472,902 INTEREST INCOME 73,398 MISCELLANEOUS 182,169 SALES & MIXED PARKS & RECREATION BEVERAGE TAX 33,064 3,790,119 ACTIVITY CENTER 178,083 SWIM CENTER 111,500 REVENUE DONATIONS Budget $ 13,025,797 /GRANTS 25,956 Actual 12,656,959 Variance $ (368,838) AD VALOREM TAXES $6,023,551 FRANCHISE Page 13 of 65 FEES 505,677  FY20 GENERAL FUND BUDGET VS ACTUALS COMPARISON GENERAL SERVICES ADMINISTRATION $742,224 699,888 ACTIVITY CENTER SWIM CENTER 377,773 568,639 FINANCE 440,326 PARKS & RECREATION 1,143,312 Budget $ 11,941,049 Actual 10,859,779 Variance $ 1,081,270 BLDG & DEVELOPMENT SERVICES 1,357,779 PUBLIC Page 14 of 65 POLICE 4,337,102 WORKS 698,570 MUNICIPAL COURT 494,166 Page 1 of 15 Page 15 of 65 This page was intentionally left blank. Page 2 of 15 Page 16 of 65 Meeting Date: 8/17/2020 Erin Carr, Interim BDS Director Staff Report AGENDA ITEM: A request from Carlson, Brigance and Doering, the agent for the owner of approximately 677 acres of land east of Bee Creek Road between Highlands Boulevard and Bee Creek Road and a portion west of Highlands Boulevard, for approval of a Preliminary Plan Revision to Section 7 of Lakeway Highlands Phase 2. BACKGROUND INFORMATION: The applicant is requesting approval of a revision to the Preliminary Plan which was approved in 2013 to change the existing layout of Phase 2 Section 7. The Phase 2 Section 7 lot layout has been adjusted to provide feasible access to lots along the hillside from a private drive and to remove a proposed roadway that connects the two large hills at the center of this Preliminary Plan. The overall count for the Estate Lots (R-1 Single Family) will be reduced by three lots. The annexation and zoning of the next agenda items are included in this preliminary plan. There are several different zoning categories in the entire Lakeway Highlands Phase 2 as shown on the Aerial/Zoning Map provided on the next page: R-1 (Single Family), R-3 (Single Family-Zero Lot Line), R- 5 (Condominium), C-1 (Office/Retail), GUI (Government, Utility & Institutional), P-2 (Private Park) and GB Greenbelt. Notification letters were mailed to all property owners within 200’ of the subject property. Two responses asking for more information were received and information was provided. ZAPCO RECOMMENDATION: ZAPCO reviewed the revised preliminary plan and held the required public hearing on August 11, 2020. ZAPCO made a unanimous recommendation to City Council for approval of the revision to the Preliminary Plan as proposed for Lakeway Highlands Phase 2. CITY COUNCIL ACTION REQUESTED: City Council determination regarding the revision to the Preliminary Plan as proposed for Lakeway Highlands Phase 2. ATTACHMENTS  Aerial and Zoning Map  Application  Exhibit(s)  Notification Area Map  Public Notice  Code Reference Page 3 of 15 Page 17 of 65 Aerial/ Zoning Map Page 4 of 15 Page 18 of 65 Application Page 5 of 15 Page 19 of 65 Exhibit A Page 6 of 15 Page 20 of 65 Exhibit B1 – Approved Prelim Plan Page 7 of 15 Page 21 of 65 Exhibit B2 – Requested Change Page 8 of 15 Page 22 of 65 Exhibit B3 – Requested Change Detail Page 9 of 15 Page 23 of 65 Notification Area Map 200’ Notification Area Page 10 of 15 Page 24 of 65 200’ Notification Spreadsheet1 Page 11 of 15 Page 25 of 65 200’ Notification Spreadsheet2 Page 12 of 15 Page 26 of 65 200’ Notification Spreadsheet3 Page 13 of 15 Page 27 of 65 Public Notice Page 14 of 15 Page 28 of 65 Code Reference Sec. 28.02.002 Preliminary plan (a) For all tracts of land, the subdivider shall submit a preliminary plan prior to submitting a final plat. (b) Short form final plats, amending plats and some replats may not require preliminary plans. (c) The preliminary plan must obtain the following approvals before a final plat can be accepted for review by the city: (1) Administrative approval from city staff to ensure compliance with city ordinances. (2) Recommendation for approval from the zoning and planning commission. (3) Final approval from the city council. (d) Public hearings regarding the proposed preliminary plan must be held at both the zoning and planning commission meeting and at the city council meeting. (e) Approved preliminary plans are no longer valid after one (1) year from the time of city council approval if no progress towards completion of the project has been made. The zoning and planning commission may grant an extension of up to one (1) year upon written application from the developer detailing the proposed progression of the project. Additional extensions may be requested but shall require a recommendation from the zoning and planning commission and final approval from the city council. (f) For this section, further progress towards completion of a project is defined as being one or more of the following to be reviewed on an annual basis: (1) Incurred costs associated with project development as proposed by the approved preliminary plan; (2) Posting of fiscal security to ensure performance; (3) Payment of utility connection fees for the project. Page 15 of 15 Page 29 of 65 Page 1 of 19 Page 30 of 65 This page was intentionally left blank. Page 2 of 19 Page 31 of 65 Meeting Date: 08/17/2020 Erin Carr, BDS Interim Director Staff Report AGENDA ITEM: A request from Carlson, Brigance & Doering on behalf of RH Lakeway Development LTD., owner of approx. 20.747 acres of land located east of the Highlands Blvd and Bee Creek Rd intersection for annexation into the City of Lakeway with proposed R-1 (Single-Family Residential) zoning. BACKGROUND INFORMATION: In accordance to the Highlands Development Agreement with the City of Lakeway (1997), the applicant is requesting annexation into the City for 20.747 acres of land. According to the agreement, the city will zone the property consistent with the land uses depicted on the Preliminary Plan. Staff has reviewed the application and found that it meets the requirements of the development agreement and land use approved in the Preliminary Plan, Phase 2, Section 7. Prior to development of this section, the applicant will be required to submit a Final Plat for approval by ZAPCO and City Council. Notification letters were mailed to all property owners within 200’ of the subject property. We have not received any official responses in association with this request. REFERENCES Development Agreement Reference ZAPCO RECOMMENDATION: ZAPCO reviewed the annexation application and held the required public hearing on August 11, 2020. ZAPCO made a unanimous recommendation to City Council for approval of the requested annexation of the 20.747 acres of land located east of the Highlands Blvd and Bee Creek Rd intersection for Lakeway Highlands Phase 2, Section 7. CITY COUNCIL ACTION REQUESTED: City Council action regarding Ordinance No. 2020-08-17-01 regarding the annexation of approximately 20.747 acres of land located east of the Highlands Blvd and Bee Creek Rd intersection for Lakeway Highlands Phase 2, Section 7. ATTACHMENTS  Aerial and Zoning Map  Application(s)  Exhibit(s)  Notification Area Map  Public Notice  Agreement Reference Page 3 of 19 Page 32 of 65 Aerial/ Zoning Map Page 4 of 19 Page 33 of 65 Exhibit A1 Page 5 of 19 Page 34 of 65 Exhibit A2 Page 6 of 19 Page 35 of 65 Exhibit A3 Page 7 of 19 Page 36 of 65 Exhibit B1 Page 8 of 19 Page 37 of 65 Exhibit B2 Page 9 of 19 Page 38 of 65 Exhibit B3 Page 10 of 19 Page 39 of 65 Exhibit B4 Page 11 of 19 Page 40 of 65 Notification Area Map 200’ Notification Area Page 12 of 19 Page 41 of 65 Exhibit C1 ANNEXATION SERVICE PLAN FOR APPROXIMATELY 20.747 ACRES OF LAND, LAKEWAY HIGHLANDS PHASE 2, SECTION 7, ANNEXED INTO THE CITY ON August 17, 2020. SERVICES TO BE RENDERED AS OF THE EFFECTIVE DATE OF ANNEXATION Pursuant to Section 43.056 of the Texas Local Government Code, each of the below services must be provided on the effective date of annexation of the Area: 1. POLICE PROTECTION A. Existing Services: Currently, the Area is under the jurisdiction of Travis County Sheriff’s Office. B. Services to be Provided: The City and its Police Department will provide police protection to the newly annexed Area at the same or similar level of service now being provided to other areas of the City with similar topography, land use and population as that within the newly annexed Area. It is anticipated that the implementation of police patrol activities can be effectively accommodated within the current budget and staff appropriation. 2. FIRE PROTECTION A. Existing Services: Currently, the Area is under the jurisdiction of Travis County Emergency Services District No. 6. B. Services to be Provided: The City does not provide fire protection services. Travis County Emergency Services District No. 6 will continue to provide fire protection service. The City is not aware that the annexation of this property will change or impact fire protection services provided to the Area by either Travis County Emergency Service District No. 6. 3. EMERGENCY MEDICAL SERVICES A. Existing Services: Currently, the Area is under the jurisdiction of Travis County Emergency Services District No. 6. B. Services to be Provided: The City does not provide emergency medical services. Travis County Emergency Services District No. 6 will continue to provide emergency medical services. The City is not aware that the annexation of this property will change or impact emergency medical services provided to the Area by either Travis County Emergency Service District No. 6. Page 13 of 19 Page 42 of 65 Exhibit C2 4. SOLID WASTE COLLECTION A. Existing Services: There is no development or residences currently in the Area and no solid waste and refuse collection services are currently provided. B. Services to be Provided: The City contracts with Progressive Waste Solutions (PWS) for collection of solid waste and refuse within the city limits of the City. Solid waste services will be provided in the newly annexed Area in the same way now available in other areas of the City with similar topography and land use. 5. BUILDING INSPECTION A. Existing Services: None B. Services to be Provided: The City will provide code compliance services upon annexation of the Area in accordance with the City’s Code of Ordinances. This includes issuing building permits for any new construction and remodeling, and enforcing all other applicable codes which regulate building construction within the City. 6. PLANNING AND ZONING A. Existing Services: None B. Services to be Provided: The City Council, the Zoning and Planning Commission, and City staff regulate development and land use through the administration of the City’s Code of Ordinances which will extend to the newly annexed Area on the effective date of the annexation. These services can be effectively accommodated within the current budget and staff appropriation. 7. FLOODPLAIN MANAGEMENT A. Existing Services: None B. Services to be Provided: The Building and Development Services Department provides floodplain management services, and these services will extend to the newly annexed Area on the effective date of the annexation. These services can be effectively accommodated within the current budget and staff appropriation. 8. ANIMAL CONTROL A. Existing Services: None B. Services to be Provided: The City and its Police Department will provide animal Page 14 of 19 Page 43 of 65 Exhibit C3 control services to the newly annexed Area at the same or similar level of service now being provided to other areas of the City with similar topography, land use and population as that within the newly annexed Area. It is anticipated that the implementation of animal control services can be effectively accommodated within the current budget and staff appropriation. 9. NUISANCE CONTROL A. Existing Services: Currently, the Area is under the jurisdiction of Travis County Sheriff’s Office which may be able to address some nuisance issues. B. Services to be Provided: The City, its Police Department and its Building and Development Services Department will provide nuisance control services through the administration of the City’s Code of Ordinances to the newly annexed Area at the same or similar level of service now being provided to other areas of the City with similar topography, land use and population as that within the newly annexed Area. It is anticipated that the implementation of nuisance control services can be effectively accommodated within the current budget and staff appropriation. 10. WATER SERVICES A. Existing Services: Currently, water services are provided by Travis County Municipal Utility District No. 12. B. Services to be Provided: The City does not provide water services at this time. The City is not aware that the annexation of this property will change or impact water services provided to the Area by Travis County Municipal Utility District No. 12. 11. SANITARY SEWER SERVICES A. Existing Services: Currently, sanitary sewer services are provided by Travis County Municipal Utility District No.12. B. Services to be Provided: The City does not provide sanitary sewer services at this time. The City is not aware that the annexation of this property will change or impact sanitary sewer services provided to the Area by Travis County Municipal Utility District No. 12. 12. MAINTENANCE OF WATER AND WASTEWATER FACILITIES A. Existing Services: Currently, water and wastewater services are provided by Travis County Municipal Utility District No. 12. B. Services to be Provided: The City does not provide water or wastewater services. The Page 15 of 19 Page 44 of 65 Exhibit C4 City is not aware that the annexation of this property will change or impact water and wastewater services provided to the Area by Travis County Municipal Utility District No.12. 13. MAINTENANCE OF ROADS AND STREETS A. Existing Services: The City Council is not aware of the existence of any public roads or streets now located in the Area proposed for annexation. B. Services to be Provided: A portion of the Area being annexed is proposed to be dedicated to the City as right-of-way at a future date. After construction of the road in that right-of-way, the City shall maintain the road to the same extent and degree that it maintains other roads in the City 14. MAINTENANCE OF PARKS, PLAYGROUNDS AND SWIMMING POOLS A. Existing Services: The City Council is not aware of the existence of any public parks, playgrounds or public swimming pools now located in the Area proposed for annexation. B. Services to be Provided: The City is not aware of any recreational facilities proposed for public use or dedication within the Area. Private recreational facilities that may be developed within the Area shall not be the responsibility of the City to maintain. 15. MAINTENANCE OF ANY PUBLICLY OWNED FACILITY, BUILDING OR MUNICIPAL SERVICE A. Existing Services: The City Council is not aware of the existence of any publicly owned facility, building or other municipal service now located in the Area proposed for annexation. B. Services to be Provided: In the event any such publicly owned facility, building or municipal service is constructed in the future, the City will maintain such areas to the same extent and degree that it maintains publicly owned facilities, buildings or municipal services of the City. CONSTRUCTION OF ANY CAPITAL IMPROVEMENTS Section 43.056(e) of the Texas Local Government Code requires that the City include a program under which the City will initiate after the effective date of the annexation the acquisition or construction of capital improvements necessary for providing municipal services adequate to serve the Area. Any capital improvements to be constructed in the area being annexed shall be constructed pursuant to the terms of the City’s Ordinances and policies. No capital improvements are contemplated or necessary at this time. Page 16 of 19 Page 45 of 65 200’ Notification Spreadsheet Page 17 of 19 Page 46 of 65 Public Notice Page 18 of 19 Page 47 of 65 Development Agreement Reference Highlands Development Agreement- 1997 Section 4.02 Annexation a. The Landowners will apply for a voluntary annexation of each portion of the Land into the City's corporate limits at the same time an application for Final Plat approval of that portion of the Land is submitted to the City. Each portion of the land covered by an annexation request will be configured to enable the City to annex under State law. The City. contemporaneously with the annexation of such land, will zone the properties consistent with the land uses depicted on the Preliminary Plan. All of the land uses depicted on the General Development Plan and Preliminary Plan must be provided for in the City's zoning ordinance or by this Agreement. b. The City guarantees the extraterritorial status of the Land for a period of 10 years from the Effective Date of this Agreement or until the approval of a Final Plat for that portion of the Land. If the Landowners do not voluntarily request annexation under Section 4.02a, then the City may annex that portion of the Land at the time the City approves the Final Plat or at any time thereafter. Page 19 of 19 Page 48 of 65  CITY OF LAKEWAY ORDINANCE NO. 2020-08-17-01 ANNEXATION AN ORDINANCE OF THE CITY OF LAKEWAY, TEXAS, ANNEXING APPROXIMATELY 20.747 ACRES OF LAND DESCRIBED BY METES AND BOUNDS (EXHIBIT B), INTO THE CITY OF LAKEWAY, TRAVIS COUNTY, TEXAS AND EXPANDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE THE ANNEXED PROPERTY WITHIN THE CITY LIMITS; DIRECTING THE SECRETARY TO FILE A CERTIFIED COPY OF THIS ORDINANCE WITH CERTAIN AUTHORITIES; DIRECTING THAT THE MAP OF THE CITY’S BOUNDARIES AND EXTRATERRITORIAL JURISDICTION BE CORRECTED TO INCLUDE THE ANNEXED TERRITORY; PROVIDING FOR THE ATTACHMENT OF THE SERVICE PLAN AND GRANTING TO SAID PROPERTY AND ALL PRESENT AND FUTURE INHABITANTS ALL OF THE RIGHTS AND PRIVELEGES OF OTHER CITIZENS OF THE CITY AND BINDING INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF THE CITY; PROVIDING FOR SEVERABILITY; REPEALER; EFFECTIVE DATE; AND PROPER NOTICE AND MEETING. WHEREAS, the City Council of the City of Lakeway, Travis County, Texas (“the City”) seeks to provide for the public health, safety and welfare of its citizens; and WHEREAS, in accordance with the City of Lakeway Home Rule Charter, §1.03), the City of Lakeway received a petition for annexation (Exhibit A) from RH Lakeway Development, LTD., the owner of approximately 20.747 acres of land described by metes and bounds (Exhibit B); and WHEREAS, public hearings were held on August 11, 2020 and on August 17, 2020 for all persons interested in the proposed annexation and all persons were given an opportunity to speak in favor of or in opposition thereto; and WHEREAS, all statutory notice and hearing requirements have been complied with; and WHEREAS, said territory is located within the extraterritorial jurisdiction of the City of Lakeway and is contiguous to the City of Lakeway; and WHEREAS, the Zoning and Planning Commission in its recommendation of annexation finds that it is in the public interest to annex the property; and WHEREAS, a Service Plan for the area to be annexed has been prepared as required by law, and a copy of that Service Plan is attached here to as Exhibit C; and WHEREAS, the Council finds and determines that the Service Plan will provide full municipal services to the residents of the annexed area by the method that it extends municipal services to any other area of the City; and WHEREAS, the Council finds that it is in the best interest of the public health, safety and welfare to annex the territory shown on the attached exhibit. Ordinance No. 2020-08-17-01 Page 1 of 3 Page 49 of 65 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWAY, TEXAS: Article 1. Findings of Fact The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. Article 2. Annexation The area described in Exhibit B, attached hereto and incorporated herein for all purposes, is hereby annexed into the City. The City's official maps showing the boundaries of the City and its extraterritorial jurisdiction shall be immediately corrected to reflect the revised City limit boundary as approved by this ordinance. The present and future inhabitants of the newly annexed area shall hereafter be entitled to all rights and privileges of the City of Lakeway, Texas and shall be bound by the provisions of all ordinances and codification of ordinances of said City. Article 3. Service Plan The Service Plan described in Exhibit C, attached hereto and incorporated herein for all purposes, is hereby adopted. As described in the Service Plan, the City of Lakeway ("City") will provide the newly annexed area with full municipal services, by the method which it extends municipal services to any other area of the City. Article 4. Filing of Ordinance That the City Secretary is hereby directed to file a certified copy of this Ordinance with the County Clerk of Travis County, Texas, the Voting Registrar of Travis County, the Travis County Appraisal District, the Secretary of State of Texas, and the Comptroller of the State of Texas in the manner required by law. The City Secretary is also directed to notify any service providers of services in the annexed area. Article 5. Repealer All Ordinances, or parts thereof, that are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters regulated herein. Article 6. Effective Date This ordinance shall take effect immediately from and after its passage and publication as may be required by law. Article 7. Proper Notice and Meeting It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code. Notice was also provided as required by Chapter 52 of the Texas Government Code. Ordinance No. 2020-08-17-01 Page 2 of 3 Page 50 of 65 PASSED AND APPROVED this the 17th day of August, 2020. CITY OF LAKEWAY: Sandra L. Cox, Mayor ATTEST: Jo Ann Touchstone, City Secretary Ordinance No. 2020-08-17-01 Page 3 of 3 Page 51 of 65 Page 1 of 12 Page 52 of 65 This page was intentionally left blank. Page 2 of 12 Page 53 of 65 Meeting Date: 08/17/2020 Erin Carr, BDS Interim Director Staff Report AGENDA ITEM: A request from Carlson, Brigance & Doering on behalf of RH Lakeway Development LTD., owner of approx. 20.747 acres of land located east of the Highlands Blvd and Bee Creek Rd intersection for proposed R-1 (Single-Family Residential) zoning as indicated in the revised preliminary plan for Lakeway Highlands Phase 2, Section 7. BACKGROUND INFORMATION: In accordance to the Highlands Development Agreement with the City of Lakeway (1997), the applicant is requesting R-1 (Single Family Residential) zoning for the subject property annexed into the City for 20.747 acres of land. According to the development agreement, the city will zone the property consistent with the land uses depicted on the Preliminary Plan. Staff has reviewed the application and found that it meets the requirements of the development agreement and land use approved in the Preliminary Plan, Phase 2, Section 7. Prior to development of this section, the applicant will be required to submit a Final Plat for approval by ZAPCO and City Council. Notification letters were mailed to all property owners within 200’ of the subject property. The BDS office has not received any official responses in association with this request. REFERENCES Section 30.02.002: R-1 (Single Family Residential) ZAPCO RECOMMENDATION: ZAPCO reviewed the zoning application and held the required public hearing on August 11, 2020. ZAPCO made a unanimous recommendation to City Council for approval of the request R-1 (Single Family Residential) zoning for the 20.747 acres of land located east of the Highlands Blvd and Bee Creek Rd intersection for Lakeway Highlands Phase 2, Section 7. CITY COUNCIL ACTION REQUESTED: City Council action regarding Ordinance No. 2020-08-17-02 regarding the zoning of approximately 20.747 acres of land located east of the Highlands Blvd and Bee Creek Rd intersection for Lakeway Highlands Phase 2, Section 7. ATTACHMENTS  Aerial and Zoning Map  Application(s)  Exhibit(s)  Notification Area Map  Public Notice  Code References Page 3 of 12 Page 54 of 65 Aerial/ Zoning Map Page 4 of 12 Page 55 of 65 Application1 Page 5 of 12 Page 56 of 65 Exhibit A1 Page 6 of 12 Page 57 of 65 Exhibit A2 Page 7 of 12 Page 58 of 65 Notification Area Map 200’ Notification Area Page 8 of 12 Page 59 of 65 200’ Notification Spreadsheet Page 9 of 12 Page 60 of 65 Public Notice Page 10 of 12 Page 61 of 65 Code Reference1 Sec. 30.03.002 District R-1 and R-1* (Single-Family Residential) (a) Purpose. These districts are intended to establish and preserve peaceful, attractive, and safe low-density residential neighborhoods of single-family detached dwelling units and to protect the integrity of such districts by prohibiting the mixture of residential and incompatible nonresidential uses. (Ordinance 2005-03-21-2, sec. 1 (rev. 1), adopted 3/21/05) (b) Permitted uses. (1) One-family dwelling limited to no more than one (1) such building per lot occupied by no more than one (1) family; (2) Accessory structures incidental to the foregoing permitted use; and (3) Home occupation use as set forth in sections 30.05.002 through 30.05.005. (c) Special uses. (1) Short-term rental use, subject to the city council's approval of a special use permit pursuant to article 30.05. (Ordinance 2015-12-21-02, ex. B, adopted 12/21/15) (d) Minimum lot dimensions. R-1 R-1* Private Sewerage Organized Sewer Organized Sewer Facility Minimum area: 15,000 sq. ft. 10,000 sq. ft. 1 acre Depth (min. ft.): 150 100 175 Width (min. ft.): 100 80 125 Lot coverage (max. percentage): See development ordinance. (e) Minimum building setbacks. Street(s): 25 25 Side: 5 (golf course 25) 5 (golf course 25) Rear: 5 (golf course 25) 5 (golf course 25) Code Reference1 Page 11 of 12 Page 62 of 65 Code Reference2 (f) Minimum floor area. Each dwelling unit shall contain a minimum floor area of heated and air-conditioned space, exclusive of garages, porches or similar additions of 2,000 square feet. (Except that if the lot size, after taking into account setbacks, is insufficient in size for a single-story 2,000 square foot structure, the city building commission may reduce the floor area to not less than 1,800 square feet.) (Ordinance 2005-03-21-2, sec. 1 (rev. 1), adopted 3/21/05) (g) Maximum height. No part of any structure within this district, except for chimneys, attic ventilators and plumbing vent stacks, may exceed 32 feet in height above the highest natural grade under the slab. Maximum heights for additions constructed after the primary residence has been occupied shall be determined in the manner set forth in section 30.03.023(d). (Ordinance 2011-04-18-06, rev. 3 (ex. B (1)), adopted 4/18/11) Page 12 of 12 Page 63 of 65  CITY OF LAKEWAY ORDINANCE NO. 2020-08-17-02 ZONING AN ORDINANCE ESTABLISHING THE ZONING CLASSIFICATION OF APPROXIMATELY 20.747 ACRES OF LAND DESCRIBED AS LAKEWAY HIGHLANDS SUBDIVISION, PHASE 2 SECTION 7 TO BE ZONED R-1 (SINGLE-FAMILY RESIDENTIAL); PROVIDING FOR FINDINGS OF FACT; SEVERABILITY; REPEALER; EFFECTIVE DATE; AND PROPER NOTICE AND MEETING. WHEREAS, the City Council of the City of Lakeway, Travis County, Texas (“the City”) seeks to provide for the public health, safety and welfare of its citizens; and WHEREAS, RH Lakeway Development LTD. the owners (“the owners”) of approximately 20.747 acres of land (“the property”), desires to have the property zoned R-1 (Single-Family Residential); and WHEREAS, the Zoning and Planning Commission held discussion and invited public comment on the proposed change in zoning in a public hearing held August 11, 2020; and WHEREAS, the City Council held discussion and invited public comment on the proposed change in zoning in a public hearing held August 17, 2020; and WHEREAS, the City Council finds that it is in the best interest of the welfare of the citizens of Lakeway, Texas, and consistent with the City of Lakeway Comprehensive Plan to approve the proposed zoning request; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWAY, TEXAS: Article 1. Findings of Fact All of the above premises are hereby found to be true and correct legislative and factual findings of the City Council and are hereby approved and incorporated into the body of this ordinance as if copied in their entirety. Article 2. General Section 2.01 Authority This ordinance is adopted under the authority of the Constitution and laws of the State of Texas, particularly Chapter 212 of the Local Government Code. Section 2.02 Purpose The purpose of this ordinance is to assign R-1 (Single-Family Residential) to the approximately 20.747 acres. Article 3. Zoning The property is hereby assigned a zoning classification of R-1 (Single-Family Residential) Exhibit A. The Ordinance No. 2020-08-17-02 Page 1 of 2 Page 64 of 65 City Secretary is hereby authorized to note the zoning designation on the Official Zoning Map of the City of Lakeway, Texas. Article 4. Severability Should any sentence, paragraph, subdivision, clause, phrase, or section of this ordinance be adjusted or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance in whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. Article 5. Repealer The provisions of this ordinance shall be cumulative of all other ordinances or parts of ordinances governing or regulating the same subject matter as that covered herein; provided, however, that all prior ordinances or parts of ordinances inconsistent or in conflict with any of the provisions of this ordinance are hereby expressly repealed to the extent that such inconsistency is apparent. This ordinance shall not be construed to require or allow any act which is prohibited by any other ordinance. Article 6. Effective Date This ordinance shall take effect immediately from and after its passage and publication as may be required by law. Article 7. Proper Notice and Meeting It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code. Notice was also provided as required by Chapter 52 of the Texas Government Code. PASSED AND APPROVED this the 17th Day of August, 2020. CITY OF LAKEWAY: Sandra L. Cox, Mayor ATTEST: Jo Ann Touchstone, City Secretary Ordinance No. 2020-08-17-02 Page 2 of 2 Page 65 of 65