Title
Approving an ordinance on second reading with the caption reading: AN ORDINANCE OF THE CITY OF PFLUGERVILLE, TEXAS, AUTHORIZING THE RELEASE AND VACATION OF A BUFFER EASEMENT ASSOCIATED WITH THE DECOMMISSIONED KELLY LANE WASTEWATER TREATMENT PLANT ENCOMPASSING 6.492 ACRES OF LAND OUT OF THE JOHN BECKHAM SURVEY NO 16, ABSTRACT NO. 55 IN PFLUGERVILLE, TX (VAC1010-01); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Summary
As a result of the development review process for a residential subdivision, the Planning Department identified a 150-ft buffer easement associated with the previous Kelly Lane Wastewater Treatment Plant in the northern section of the Falcon Pointe residential subdivision. The buffer easement encompasses 6.492 acres of land and was established in a Warranty Deed recorded in Volume 11209, Page 1283 (page 1291), Real Property Records of Travis County, Texas which conveyed the land to Kelly Lane Utility by the previous land owners in 1990. Although the purpose of the buffer is not specifically defined in the warranty deed, the intent was likely to meet the Location Standards as defined in the Texas Administrative Code Title 30, Chapter 309, Rule 309.13 which pertains to distance requirements for wastewater treatment plants from property lines.
The Planning Department coordinated with James Wills, Public Works Director, and determined that since the City acquired Kelly Lane Utility in 2002 and decommissioned the wastewater treatment plant around 2006, the buffer easement is no longer necessary or applicable. James Wills contacted the Texas Commission on Environmental Quality (TCEQ) about any necessary requirements to vacate the buffer easement and it was identified that no further action is required on their behalf. As a proactive measure, the City is requesting to formally vacate the buffer easement to remove potential conflicts with planned residential lots in the Falcon Pointe residential subdivision.
Prior City Council Action
The ordinance was approved as presented on first reading on October 12, 2010.
Staff Recommendation
Staff recommends the 150-ft buffer encompassing 6.492 acres be vacated based on the decommissioning of the Kelly Lane Wastewater Treatment Plant.
Drafter
Trey Fletcher, Managing Director of Operations
Versions
1. October 12, 2010
2. October 26, 2010