35 CETJ-2024-0001 - Manor Downs Industrial Park ETJ Release and Accompaning Interlocal Agreement (ILA) Staff Report with Withdraw Request — original pdf

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************************************************************************ MEMORANDUM TO: Planning Commission Members FROM: Sara Groff Planning Department DATE: November 8, 2024 RE: CETJ-2024-0001 - Manor Downs ETJ Release Withdrawal Memo *********************************************************************** * applicant would The withdrawn from P l e a s e s e e a t t a c h e d r e q u e s t f r o m t h e a p p l i c a n t . request like to the November 12, 2024 Planning Commission Agenda. case CETJ-2024-0001 be  MEMORANDUM TO: Chair and Members of the Planning Commission FROM: Sara Groff, Planning Department – Jurisdictional Matters DATE: November 5, 2024 RE: Proposed swap of approximately 13.8 acres from Austin’s extraterritorial jurisdiction (ETJ) with approximately 6.6 acres from Manor’s ETJ along Blue Bluff Road. The City of Manor, at the behest of the property owner, has requested the swap of approximately 13.8 acres of Austin’s ETJ with approximately 6.6 acres of Manor’s ETJ. The property in question is located along Blue Bluff Road at the intersection of Old HWY 20 and Blue Bluff Road in northeastern Travis County, outside Council District 1. Along with the request, the landowner has agreed to grant a conservation easement on the property leaving Austin’s ETJ. This request was distributed to the following staff: Planning, Watershed Protection Division, Austin Water, and Transportation for review. 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 • • • Hardship or extenuating circumstances Impact on infrastructure investments Long-term effects of cumulative ETJ releases There is currently no request from the landowner for annexation into City of Austin’s Full Purpose Jurisdiction. 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 aggregable with the conversation easement. Austin Water is in the process of working with City of Manor and the PUC on a Water/Waterwater CCN transfer to align both City’s Water and Wastewater CCN boundaries along Blue Bluff Road to match what will be the new ETJ boundaries. Austin Water supports the ETJ swap. 1 Finally, agreeing to the ETJ swap would not negatively impact any existing or planned City investments in roadway infrastructure. The area is not served by City-maintained roads. Staff recommends the ETJ swap with the City of Manor in the interest of cleaner boundaries and regional cooperation with neighboring jurisdictions. City Council consideration of this request is tentatively scheduled for December 12, 2024. Attachments: A. Map of proposed release area B. Approved Manor City Council resolution 2023-45 officially requesting ETJ swap C. Proposed Conservation Easement D. ETJ Release Policy Evaluation 2 MANOR FULL PURPOSE From Manor to Austin Old HWY 20 AUSTIN 2 MILE ETJ d e Bluff R Blu MANOR ETJ From Austin to Manor AUSTIN FULL PURPOSE CETJ-2023-0001 Blue Bluff ETJ Swap Created: 11/5/2024 By: meekss This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. This product has been produced by the Planning Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. City of Austin Planning Department Lot Boundary MANOR FULL PURPOSE MANOR ETJ AUSTIN FULL PURPOSE AUSTIN 2 MILE ETJ ¯ 1 " = 800 ' Nikelle Meade Partner 111 Congress Avenue, Suite 1400 Austin, Texas 78701 Direct: 512-479-1147 nikelle.meade@huschblackwell.com November 5, 2024 City of Austin Planning Department Attn. Sara Groff, Principal Planner 6310 Wilhelmina Delco Drive Austin, TX 78752 Re: Confirmation of Conservation Easement Dedication; Blue Bluff ETJ Release and Acquisition Dear Sara: In connection with the ETJ transfer request submitted by PlaceMkr Old Highway 20, LLC (“PlaceMkr”) to the City of Austin, and per the request from Leslie Lilly that we agree to encumber the floodplain on the property that City of Austin will transfer away, PlaceMkr has signed and will record the attached Conservation Easement upon approval of City of Austin of the ETJ Transfer. Please let me know if you have any questions. Sincerely, Nikelle Meade cc: Joe Castillo, PlaceMkr Enclosures: Conservation Easement CONSERVATION EASEMENT (13.791 Acres) NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER THE STATE OF TEXAS COUNTY OF TRAVIS § § KNOW ALL BY THESE PRESENTS: § THAT PLACEMKR OLD HIGHWAY 20, LLC, a Texas limited liability company (“Grantor”), for and in consideration of the sum of Ten and No/100 Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD, AND CONVEYED and by these presents does GRANT, SELL, AND CONVEY unto CITY OF MANOR, a Texas home-rule municipality, situated in Travis County, Texas (“Grantee”), its successors and assigns, a permanent, non-exclusive and perpetual conservation easement (the “Easement”) for the purposes of protecting and preserving the Easement Property’s (as hereinafter defined) natural resource and watershed values, wildlife and biodiversity (collectively, the “Conservation Purposes”). Subject to Grantor’s reservations herein, any activity on or use of the Easement Property inconsistent with the Conservation Purposes is prohibited. Grantor reserves to itself, and to its successors and assigns the right to install, maintain, repair, relocate, replace, remove, modify, improve, and operate (i) trails (paved or non-paved), park-style improvements, hardscape, irrigation systems, and related facilities and appurtenances thereto, and (ii) landscaping, including, without limitation, new and existing natural habitat, trees and shrubbery across, along, under, over, upon, and through that certain tract of land depicted in Exhibit A attached hereto and incorporated herein for all purposes (the “Easement Property”), as Grantor may from time to time require and may engage in all activities as may be necessary, requisite, convenient, or appropriate in connection therewith. Grantee's rights shall include, without limitation, the right to use the Easement Property for Conservation Purposes. Grantee shall have the right, but not the obligation to clear and remove trees, undergrowth, shrubbery, and other improvements from within the Easement Property, and the right to bring and operate such equipment on the Easement Property as may be necessary, requisite, convenient, or appropriate to effectuate the Conservation Purposes for which the Easement is granted. However, the easement rights of Grantee as stated herein are expressly subject to the reserved rights of Grantor as hereinafter set forth. The parties acknowledge that (i) Grantor or its successors in title intend to develop the remainder of Grantor’s tract adjacent to the Easement Property (the “Remainder Tract”), (ii) that access to the Remainder Tract and any development projects located therein for vehicular and pedestrian purposes from the public right of ways serving Grantor’s development site may cross the Easement Property, and (iii) some, if not all, public utility services to Grantor’s development site may also cross the Easement Property. In that regard Grantor expressly reserves the right to the use and enjoyment of the Easement Property as reasonably necessary to facilitate such development and use of the Remainder Tract; provided, however, that such use and enjoyment of the Easement Property by Grantor shall be conducted so as to not unreasonably interfere with or resfrict the use and enjoyment of the Easement by Grantee or its successors and assigns for the Conservation Purposes set forth herein. Grantee acknowledges and agrees that Grantor, its successors and assigns, shall have the right to consfruct or install, and allow others to construct or install, driveways and underground utility service lines, and any monument and/or directional signage consistent with any applicable restrictive covenants, lighting, drainage facilities or other appurtenances relating thereto, across the Easement Property at such locations as Grantee may designate as necessary or convenient to serve the Remainder Tract’s development. Further, Grantor may grant other easements within the Easement Property to utility providers and others for the purpose of providing access and services to the Remainder Tract’s development project; provided, however, Grantor agrees to notify Grantee in writing at least 30 calendar days prior to exercising any such rights relating to the construction, installation or replacement of any such permitted improvements within the Easement Property. The Grantee’s easement rights provided for in the preceding paragraph within the Easement Property are expressly subject to the retained rights of Grantor as set forth in this paragraph and Grantee may not damage or obstruct any such driveways, utility connections or other permitted improvements that Grantor may place within the Easement Property. This conveyance is made subject to any and all restrictions, covenants, easements, rights-of-way, encumbrances, mineral or royalty reservations or interests or other matters affecting the Easement Property and appearing of record in the Official Public Records of Travis County, Texas, to the extent that the same are in effect and validly enforceable against the Easement Property (the “Permitted Encumbrances”). Any mortgage or security interest hereafter encumbering the Easement Property shall be and at all times remain subordinate to the Easement. TO HAVE AND TO HOLD, subject to the matters set forth herein, the Easement, together with, all and singular, the rights and appurtenances thereto in any wise belonging, unto Grantee, its successors and assigns, forever, and Grantor does hereby bind itself and its successors and assigns to WARRANT and FOREVER DEFEND, all and singular, the Easement and right-of-way and other rights described herein unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, but not otherwise, subject only to the Permitted Encumbrances. The covenants and agreements contained herein shall run with the land and shall inure to the benefit of and shall be binding upon Grantor and Grantee and their respective successors, and assigns. It is agreed and acknowledged that Grantee will not assign its rights, title and interest to this Easement to any third party unless such third party is an eligible donee within the meaning of section 170(h) of the Internal Revenue Code and the applicable Treasury Regulations promulgated thereunder and such eligible donee agrees in writing to cany out all of the obligations and specified Conservation Purposes of the Easement as a condition of such assignment. No such assignment shall require consent of the Grantor. It is further agreed and acknowledged that, prior to the transfer of any interest in the Easement Property by Grantor, Grantor shall provide notice to Grantee and shall authorize Grantee to contact any third party to whom any interest in the Easement Property may be transferred to discuss this Easement or the Conservation Purposes. Neither party’s failure to insist on strict performance in any part of this Easement shall be construed as a waiver of the performance in any other instance. This instrument may be executed in multiple counterparts, each of which shall be deemed an original, and all of which, taken together, shall constitute one instrument. Grantee’s address is 105 E. Eggleston Street, Manor, Travis County, Texas 78653. When the context requires, singular nouns and pronouns include the plural. [signature pages follow] -2- EXECUTED this the day of , 2024. GRANTOR: PLACEMKR OLD HIGHWAY 20, LLC. a Texas limited li [lity company By: Christopher Cortese, Manager ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF TRAVIS ss. This instrument was acknowledged before me on the of Qdotw , 2024, by Christopher Cortese, Manager of PlaceMKR Old Highway 20, LLC, a Texas limited liability company, on behalf of said limited liability ompany. ' (Seal) Notary Public - State of Texas IGNACIO DE LA MORENA Notary Public, Stata of T«x«s- Comm. Expires 10-22-2025 Notary ID 130309842 -3- AGREED TO AND ACCEPTED this day of, 2024, by Grantee. CITY OF MANOR, a Texas home-rule municipality GRANTEE: By: Name: Title: ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF TRAVIS ss. BEFORE ME, the undersigned authority, on this day personally appeared , as of, a and acknowledged to me that she/he executed the same for purposes and considerations therein expressed in the capacity stated, and as the act and deed of said entity. Given under my hand and seal of office this the day of, 2024. Notary Public in and for the State of Texas Attachments; Exhibit A - Easement Property AFTER RECORDING, PLEASE RETURN TO: City of Manor 105 E. Eggleston Street Manor, Texas 78653 Attn: City Secretary -4- Exhibit A Description of Easement Property [See attached document.] line Table UneS Direction Length LI L2 N 23*41*58" E 959.86’ N 23’41’55" E 207.17’ Curve Table Curve# Centra! Ang'e Radius Length Chord Bearing Chor d Distance Ci 16‘16’41- 6169.06’ 1752.6S* SSS’ESUT-E 174S.79’ // // // // ?/ // JW4 Mutlt. hLOODPLAlN (JPH-f ACHfS P.O.B. 13 791 ACRFS 5^6 '7 ABBREVIATIONS P.O.B. POINT OF BEGINNING (CM) CONTROLLING MONUMENT PFC POINT FOR CORNER CIRF REDCAP STAMPED 'CEC BOUNDARY' IRF IRON ROD FOUND INST. NO. INSTRUMENT NUMBER VOL, PG. VOLUME, PAGE D.R.T.C.T. DEED RECORDS, TRAVIS COUNTY, TEXAS O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS, TRAVIS COUNTY, TEXAS ESMT. EASEMENT R.O.W. RIGHT-OF-WAY GENERAL NOTES * THE BASIS OF BEARING SHOWN HEREON IS BASED ON THE STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE 4202, NORTH AMERICAN DATUM OF 1933, ADJUSTF4ENT REALIZATION OF 2011. THIS EXHIBIT IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION OF EVEN DATE. NOT ALL LOT LINES OUTS>DE OF THE BOUNDARY OF THE SUBJECT PROPERTY SHOW HERECX4 HAVE BEEN SURVEYED AND ARE SHOWN AS GRAPHICAL DEPICTION BASED ON RECORDED INFORMATION AND TAX MAPS. ACCORDING TO FLOOD INSURANCE RATE MAP (FIRM) fZAP NO. 4845300480 J DATED AUGUST\18\2014 2. 3. 4. PREPARED BY FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR TRAViS COUNTY, TEXAS, THIS PROPERTY IS V/iTHlN ZONE AE AND X BY GRAPHICAL PLOTTING. 5. THIS DOCUMENT WAS PREPARED UNDER 22 TEXAS ADMaNlSTRAW CODE 5138.95, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO COtfVEY OR ESTABLISH IlfTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR £$TA=USHED BY THE CREATION! OR RECONFiGURAHON OF THE BOUNDARY OF THE FOUTiCAt SUSDWiS’OJI FOR WHICH IT WAS PREPARED. M P 1 2 : 2 3 2 0 2 7 , 8 2 / 8 : N O D E I F I D O M T S A L M A 3 1 : 9 4 2 0 2 / 2 / 0 1 : N O D E T T O L P URBAN STRATEGY iioo E. Campbell, Suite 210 Richardson, Texas 75081 firm fiF-ioig^Si^ au.396.i339 www.urbanstrategy.us Exhibit A -2- ■1}}V GRAPHIC SCALE O’ ISO’ 300’ 1 inch = 300 feet FLOODPLAIN EXHIBIT 13.791 ACRES / 600,753 SQUARE FEET KNOWN AS: OLD HWY 20, MANOR, TEXAS LOCATED: OUTTHE JAMES MANOR SURVEY, ABSTRACT NO. 546 CITY OF AUSTIN, TRAVIS COUNTY, TEXAS Checklist for ETJ release review: CETJ-2023-0001 Blue Bluff ETJ Swap with City of Manor. Property Description: The subject tracts are located on Blue Bluff Road at the intersection of Blue Bluff Road and Old HWY 20. Annexation Potential:  Does the area have the potential to be annexed by the City of Austin in the long-term?  Does this request demonstrate that the requesting jurisdiction is in a superior position to serve the property with similar levels of service and will annex the area upon release or include the area in an annexation plan?  Would the proposed release negatively impact the city’s long term annexation plans? Staff comments: Austin has no potential to annex the area that will be transferred to the City of Manor. Yes Yes Yes No No No Environmental Impact:  Does this request clearly demonstrate that the requesting jurisdiction will provide similar or superior regulatory and/or watershed protections afforded through the development process?  Does this request clearly demonstrate similar or superior regulatory and/or watershed protections applied to the area through conservation easements, transfer of development rights, or other private mechanisms prior to release, provided that the use of such controls is agreeable to each party? Staff comments: Generally, the Austin City Council looks for equivalent environmental protection to be provided on land released from the City’s jurisdiction. The landowner has agreed to conservation easement on the sensitive environmental area being released from Austin’s ETJ per Watershed Protection’s request. Watershed Protection has reviewed the submitted documents and has no cause for concern with the request. No Yes Yes No Infrastructure investment:  Would release of this ETJ negatively impact the city’s investment in any existing or planned water and wastewater utility infrastructure?  Would release of this ETJ negatively impact the city’s investment in any existing or planned roadway infrastructure? Staff comments: From a utility perspective, Austin Water has no concerns with this release. Austin Water is in the process of working with City of Manor and the PUC on a Water/Waterwater CCN transfer to align both City’s Water and Wastewater CCN boundaries along Blue Bluff Road to match what will be the new ETJ boundaries. Austin Water supports the ETJ swap. Releasing this area would not negatively impact any existing or planned City investments in roadway infrastructure. Yes Yes No No Growth and Planning Impacts of cumulative ETJ releases: No No No Yes Yes Yes  Is the requesting jurisdiction in compliance with all agreements and contracts with the City of Austin?  Have previous releases to this jurisdiction ensured that the release of ETJ has not created a competitive disadvantage for similar development within Austin’s nearby jurisdiction?  In a high growth area or the desired development zone, have previous releases ensured Austin’s ability to maintain and expand its ETJ?  In areas previously released to this jurisdiction and in keeping with Austin’s goal of protecting water quality, has development occurred in accordance with terms and conditions that minimize the risk of pollution of the region’s water resources?  Do opportunities exist for exchange of ETJ in conjunction with the requested release? No  If exchange is proposed, does the result achieve more logical boundaries? No Staff comments: This ETJ exchange will create more logical boundaries by moving COA ETJ property to one side of Blue Bluff Road and Manor ETJ property to the other side. Blue Bluff road will now become the dividing line between the two ETJs. Hardship or extenuating circumstances:  Is there a claimed hardship?  If a hardship is claimed, does this request relieve a hardship condition?  Are there special or unique circumstances for this request?  Does the request clearly demonstrate justification for the release? Staff comments: The property owners’ representative claims that a hardship exists for this property due to the jurisdictional split between Austin and Manor’s ETJ. It is apparent that swapping the ETJ properties in this case would streamline regulations for the property while observing comparable environmental standards for site development. No No No No Yes Yes Yes Yes Yes Yes Yes No City of Austin Policy for Extraterritorial Jurisdiction (ETJ) Adjustments 10/02/07 Purpose The extraterritorial jurisdiction (ETJ) is the unincorporated land within five miles of Austin’s full purpose city limit that is not within the city limits or ETJ of another city. It is the territory where Austin alone is authorized to annex land. The ETJ represents a city’s potential growth boundary, both with respect to its future tax base and municipal service area. The ETJ further ensures a city’s ability to capture its fair share of regional growth. The ETJ also enables the City to extend regulations to adjacent land where development can affect quality of life within the city. ETJ regulations help to ensure that subdivisions that may be annexed by Austin in the future meet minimum standards for road access, water quality, and other factors. It is for all of these purposes that the ETJ should be valued and promoted as a general public resource. However, there may be times when two cities mutually agree to an adjustment of ETJ boundaries to achieve more logical boundaries. The release of ETJ is a discretionary act on the part of cities. Before 2 granting the request for an adjustment or release, the City of Austin seeks to ensure that the release will not negatively impact Austin’s interests. Although the City of Austin has not acquired any substantive area through mutual transfer of ETJ, exchanges of ETJ are more likely to receive positive recommendations than requests for unilateral releases. Requests for release of ETJ should establish a clear justification for release by meeting the standards that would help identify critical issues and potential negative impacts associated with a release. This ETJ release policy is intended to: • encourage orderly development • protect the City’s future tax base • • • provide a mechanism for assessing the appropriateness of future requests. curtail the amount of jurisdiction that is being yielded annually create equity between competing jurisdictions, and Adoption of the ETJ release policy would standardize the release process by providing a mechanism for measuring a request based on its individual merit. Standardization should make the release process more equitable for all jurisdictions and effectively reduce the amount of ETJ that is voluntarily released annually. The adoption of this policy is not intended to limit the authority of the City Council to consider or approve any particular release or exchange of ETJ. Guiding Principles 1. The City of Austin should have no long-term annexation potential. The requesting jurisdiction should be in a better position than the City of Austin to annex and serve the property in the short term. 2. The release should serve the general public interest and convey benefits to all parties, either through the extension of services, enhanced environmental protection, or through mutual exchange of ETJ. 3. Development in the release area should be subject to equal or better water quality regulations 4. The release should not create a competitive disadvantage for similar development situated than those in place at the time of release. nearby within Austin’s jurisdiction. 5. Requesting jurisdiction should be in compliance with all agreements regarding previous ETJ releases. Background Extraterritorial jurisdiction releases by the City of Austin have been voluntarily granted in the overall interest of promoting regional cooperation with its neighboring jurisdictions. It has been the City's policy to negotiate the terms for ETJ releases based on an ability to serve and to share in regional growth. The City has also been the target of legislation mandating the release of ETJ. In the past, the process for evaluating requests included some regulatory comparisons, but most releases were negotiated on an ad hoc basis. Many of those negotiations were based on verbal agreements between elected officials. This policy is intended to provide city staff with guidance for the evaluation of ETJ release requests and to standardize the ETJ release process. The process for releasing ETJ should be governed by an adopted policy and in accordance with Chapters 42 and 242 of the Texas Local Government Code. Future releases should be evaluated in accordance with the objective criteria in this policy that measure annexation potential and compare both service delivery and regulatory controls. Areas that do not meet 3 these standards should not be considered unless there is a clearly demonstrated hardship or extenuating circumstance that would justify the action. Process All requests for release should be forwarded by the governing body of a jurisdiction to the Mayor of the City of Austin with copies to the City Manager and appropriate Neighborhood Planning and Zoning Department planning staff. The request should include: • a detailed justification for the request, • an identifiable description of the tract including a map and field note description of the area, • a statement regarding enforcement of environmental regulations upon release, • • a support letter from the owners of the property proposed for exchange or release, and • any other support documentation necessary to make an assessment. information regarding pending permits on the exchange property, A contact person should be stipulated in the letter of request if more information is necessary. The request would then be circulated to applicable departments for review and comment (Austin Water Utility, Watershed Protection, and other reviews as appropriate) and evaluated using the criteria described below. A staff recommendation for requests that may qualify for release would then be forwarded to the environmental board, planning commission, or other boards and commissions as appropriate, and City Manager's Office for consideration. [NOTE: Satisfaction of the criteria in this policy does not guarantee Council consideration or release of ETJ.] Ultimately, all ETJ adjustments must be approved by the City Council. A copy of the approved and signed resolution would then be forwarded to the contact person once it had been filed with the City Clerk's Office. If a request was denied, a letter explaining the reasons for denial would be forwarded to the mayor's office of the requesting jurisdiction with a copy to the designated contact person. 4 Review Criteria Annexation potential Environmental impact Infrastructure investment Determine the potential for the area to be annexed (1) by the City of Austin and (2) by the receiving city including evidence of ability to provide services in accordance with annexation statutes. (1) Assess the area in terms of its environmental sensitivity, and (2) evaluate regulations that would apply should the release be granted. Determine the impact of the proposed release on existing or planned investments in (1) water and wastewater utility or (2) roadway infrastructure to serve this area Long-term effects of cumulative ETJ releases to competing jurisdictions Assess the effects (1) of limiting the geographic expansion of Austin’s regulatory authority, (2) of increasing the amount of land near Austin, but beyond Austin’s jurisdiction, available for development, and (3) on potential tax revenue. Hardship or extenuating circumstances Determine whether the release will relieve a condition (1) that causes a unique and undue hardship on a property owner, or (2) where unusual circumstances dictate the need for a release. 1. Annexation potential - The area requested for release should be evaluated for future annexation potential by the City of Austin and the requesting jurisdiction. An essential component of determining an area's annexation potential is the future ability to provide city services. The City of Austin should reasonably be able to serve an area at some future time in order to be considered for annexation. Geographic constraints, including certain physical barriers, such as lakes, rivers or canyons, can create jurisdictional islands and make service delivery cost prohibitive. The requesting jurisdiction should be in a better position than the City of Austin to annex and serve the property in the short term or provide assurances that the area would be included within a mandated three-year annexation plan and provided levels of service as defined by the statutory requirements set forth in Chapter 43 of the Texas Local Government Code. Evaluation measurements should reflect current statutory requirements. Criteria would include: • Current jurisdiction. Limited purpose jurisdiction should remain under City of Austin’s regulatory authority. In addition, COA ETJ that is enclosed by City Full or Limited Purpose should not be released. • Contiguity requirements. The distance between the existing city limits and the subject property limits the potential to establish contiguity required for annexation. • Future ability to serve. General service assumptions would be used to determine if an area could feasibly be served by the City--present or future. • Growth and development trends. A release should not physically restrict the City's future ability to annex and serve adjacent areas with future development potential. In addition, a release should not cause the loss of contiguity to existing ETJ. • Potential future sales and property tax base or revenue generation. Since the Desired Development Zone (DDZ) represents the preferred growth corridor and future property tax revenue for the City, ETJ releases within the DDZ would not be considered without a demonstrated hardship to justify the request. It is assumed that the City of Austin would be in a position to serve any area within the Desired Development Zone in the future. 5 2. Environmental impact - The request for release should be evaluated in terms of the potential impact on water quality and designated habitat. This would include a comparison of habitat management practices, watershed regulations, and any environmental regulations imposed by overlapping jurisdictions, including federal, state, special districts, or county controls, that would be applied prior to and subsequently after an area was released. Measurable criteria would include: Identification of applicable COA "development zone". • • Comparison of all watershed regulations, non-point source pollution control ordinances or water quality controls that would apply before and after release. • Comparison of development standards as it relates to impervious cover, density, and waterway and critical environmental feature set back requirements. • Proposed wastewater treatment method and applicable treatment standards. • Determination of habitat designation and if applicable the management practices of the responsible entity. Release requests for the purpose of creating areas of "regulatory safe havens" typically do not serve the overall public interest and should not be considered. Development allowed under less restrictive controls often gains a competitive market advantage. To mitigate this effect, a release should be made contingent on encumbering the property with public or private controls that would mirror regulations in place prior to the release. These controls may include adoption of COA land development regulations by the requesting jurisdiction, imposition of private deed restrictions to the property that would apply COA impervious cover limitations, filtration standards, and set back requirements, or enforcement of LCRA non-point source pollution controls through an interlocal agreement. 3. Infrastructure investment – The request for release should be evaluated in terms of existing and planned investments by the City in utility and roadway infrastructure, including right of way that has been dedicated to or purchased by the City to serve the area. An area should not be released if the release would reduce the city’s ability to recoup the costs of the investments in the area. Further, the potential impact of the proposed release on the Austin Water Utility’s service area should be considered prior to release. 4. Long-term effects of cumulative ETJ releases to competing jurisdictions – Over time, the effect of releasing ETJ has resulted in the substantial loss of Austin’s ETJ to neighboring jurisdictions. ETJ releases may contribute to the accelerated development of the outlying rural areas and facilitate the rapid expansion of the suburban municipalities. Potential tax base and sales tax revenue have been lost as a result. Requests for the release of Austin’s ETJ should include an historical account of any territory acquired by the municipality from the City of Austin. Releases should be evaluated according to the frequency and cumulative total of area the City has rendered to a requesting jurisdiction. This is particularly critical in areas of high growth potential or where environmental protections have been compromised as a result of previous releases. 5. Hardship or extenuating circumstances – There are situations where an ETJ release relieves a hardship condition or where a unique circumstance warrants a release. Where these situations exist, the standard criteria also apply. The creation of a regulatory safe haven will not be considered as a hardship condition. It should be incumbent on the jurisdiction requesting the release to adequately demonstrate the need for consideration as a hardship or a compelling or unusual circumstance. As a general rule, hardships should apply to a single ownership tract of land that is typically less than five acres. 6