18 CETJ-2024-0001 - Manor Downs Industrial Park ETJ Release and Accompanying Interlocal Agreement (ILA) Staff Report — original pdf

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MEMORANDUM TO: Chair and Members of the Planning Commission FROM: Sara Groff, Planning Department – Jurisdictional Matters DATE: October 15, 2024 RE: Proposed release of approximately 146.920 acres of Austin’s extraterritorial jurisdiction (“ETJ”) to the City of Manor CETJ-2024-0001 The City of Manor, at the behest of a property owner, has requested the release of approximately 146.920 acres of Austin’s extraterritorial jurisdiction (ETJ) to be included in Manor ETJ and subsequently annexed in Manor city limits. The property in question, known locally as Manor Downs is located in northeastern Travis County on Hill Lane just east of SH 130, outside Council District 1. Along with the request, the City of Manor has agreed to enter into an Inter-local Agreement (ILA) which will address Austin Water and Watershed Protection Division’s concerns. In 2023, the State Legislature passed S.B. 2038, which allows property owners to seek a release of their property in an administrative manner. The S.B. 2038 route bypasses any staff evaluation, Commission review, and Council vote. Since S.B. 2038 is being challenged in the courts, the landowner and City of Manor approached the City of Austin about utilizing the City’s pre S.B. 2038 ETJ Release Policy to protect the released property from any future court rulings. If the landowner(s) use S.B. 2038 to release, the City of Austin stands to lose some, if not all, of the requests covered in the ILA. This request was distributed to the following staff: Planning, Austin Water, Watershed Protection Division, and Transportation and asked to review based on Austin’s 2007 ETJ Release Policy. In accordance with the 2007 City Council adopted policy regarding ETJ adjustments, requests for ETJ release are typically reviewed by staff from several city departments and evaluated in terms of: Annexation potential Environmental impacts Impact on infrastructure investments Long-term effects of cumulative ETJ releases • • • • • Hardship or extenuating circumstances 1 Annexation of this tract by the City of Austin is not feasible in the long-term given its location of about 1 mile from the full purpose jurisdiction. However, annexation by the City of Manor is possible due to adjacency of city limits and would be a benefit to Manor and the long-term disposition of the property. Manor Downs also holds historical significance to the City of Manor. Generally, Austin City Council looks for equivalent environmental protection to be provided on land released from the City’s jurisdiction. Staff from Watershed Protection have reviewed the proposed release and find it agreeable if the following conditions are encompassed in the ILA: 1. City of Austin Suburban Watershed impervious cover restrictions will be maintained. 2. Green stormwater water quality controls as defined by the City of Austin's Environmental Criteria Manual Section 1.6.7 shall be provided to treat 100% of the water quality volume. 3. There will be a one-hundred-foot (100’) buffer from the centerline of the western tributary of Gilleland Creek. 4. There will be no development allowed within the 100' buffer of the western tributary of Gilleland Creek other than a single road crossing and development allowed by buffer averaging as permitted by ECM Section 1.5.2(D) to reduce the buffer and allow building access. 5. The owner of the Manor Release Tract will use seeding requirements as defined in the City of Austin's standard specification 604S.6 - Native Grass and Forb Seeding and provide “no mow” signs on the banks of the detention/water quality pond to be constructed adjacent to the western tributary of Gilleland Creek. The area in question is located within Austin Water’s wastewater CCN. Concerns regarding transferring/ dedication of easements, approval of construction plans for any wastewater lines, and installation of Austin Water infrastructure, which may eventually reside in another municipality’s full purpose jurisdiction raised by Austin Water will be addressed in the ILA between the City of Manor and the City of Austin. Finally, releasing this area would not negatively impact any existing or planned City investments in roadway infrastructure. The area is not served by City-maintained roads. Staff recommends release of the Manor Downs property in conjunction with the successful approval of an ILA capturing Austin Water and Watershed Protection Division’s concerns. City Council consideration of this request is tentatively scheduled for November 7, 2024. Attachments: A. Written request from City of Manor for release, dated September April 30, 2024. B. Map of proposed release area. C. Field Notes for Property D. Approved Manor City Council resolution 2024-16 officially requesting release of Austin ETJ. 2 RESOLUTION NO. _______________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANOR, TEXAS, REQUESTING THE RELEASE OF A PORTION OF THE EXTRATERITORIAL JURISDICTION OF THE CITY OF AUSTIN, TEXAS TO THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF MANOR, TEXAS. _______________________________________________________________________ WHEREAS, the Cities of Austin, Texas and Manor, Texas are located within Travis County Texas and are adjacent or otherwise share certain common boundaries of extraterritorial jurisdiction and corporate limits; and WHEREAS, a tract of land consisting of approximately 146.920 acres is located within the extraterritorial jurisdiction of the City of Austin, Texas as more particularly described and depicted on Exhibit “A” attached hereto (the “Property”); and WHEREAS, the owner of the Property desires to have the Property (the “ETJ Tract”) be released from the City of Austin, Texas’ extraterritorial jurisdiction and become a part of the extraterritorial jurisdiction of the City of Manor, Texas (the “City”) in order to develop the Property as an industrial park with an amphitheater to preserve the cultural history of the City; and WHEREAS, a release of the ETJ Tract from the City of Austin, Texas is necessary in order to develop the Property while preserving the cultural history of the City; and WHEREAS, the City Council of the City of Manor, Texas (the “City Council”) has determined that it is in the best interest of the City to have the development of the Property and the preservation of the City’s cultural history by requesting the release of the ETJ Tract from the City of Austin, Texas and adjust the extraterritorial jurisdiction of the City so that the ETJ Tract becomes a part of the extraterritorial jurisdiction of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MANOR, THAT: SECTION 1. The City Council hereby approves the recitals contained in the preamble of this Resolution and finds that all the recitals are true and correct and incorporate the same in the body of this Resolution as findings of fact. SECTION 2. The City Council hereby directs the City Manager of the City to request the release of the ETJ Tract from the City of Austin, Texas and adjust the extraterritorial jurisdiction of the City so that the ETJ Tract becomes a part of the extraterritorial jurisdiction and corporate limits of the City of Manor. SECTION 3. If any section, article, paragraph, sentence, clause, phrase or word in this resolution or application thereof to any persons or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this resolution; and the City Council hereby declares it would have passed such remaining portions of the resolution despite such invalidity, which remaining portions shall remain in full force and effect. PASSED AND ADOPTED by the City Council of Manor, Texas, at a regular meeting on the , 2024, at which a quorum was present, and for which day of due notice was given pursuant to Government Code, Chapter 551. __________________________________ Dr. Christopher Harvey, Mayor ATTEST: Lluvia T. Almaraz, City Secretary City of Manor, Texas [CITY SEAL] 2 4 5 6 7