R-2022-113 - 4/14/2022 RESOLUTION NO. R-2022-113
WHEREAS, the City of Round Rock ("City") is proposing to undertake widening,
extension, drainage, utility, shared use path/regional trail connection facility and other
improvements to and adjacent to Wyoming Springs Drive from Creek Bend
Blvd/Brightwater Blvd. to Sam Bass Road ("Project"); and
WHEREAS, the purpose of the Project is to increase mobility and safety for the
travelling public at large in and around the City of Round Rock and Williamson County
by completing widening, extension and other improvements to the City's Wyoming
Springs Drive roadway alignment and Brushy Creek Regional Trail connectivity, as
adopted by the City's Transportation Master Plan; and
WHEREAS, the Project will involve the use or acquisition of small portions of
property conveyed for park and recreational and other related and compatible public
use purposes to Fern Bluff Municipal Utility District ("District") out of or adjacent to the
Stone Canyon Subdivision and/or the Hairy Man Subdivision Phase 1, which park lots
are owned or controlled by the District, and the portions of which park lots to be used for
right of way and other related transportation or public mobility development purposes
are depicted in Exhibit "A," attached hereto and incorporated herein (the "Sites"); and
WHEREAS, the Tex. Parks and Wildlife Code, Chapter 26 ("Chapter 26")
provides that a municipality of the state may not approve a project that requires the use
of public park land unless the municipality, acting through its duly acting governing body
determines that (1) there is no feasible and prudent alternative to the use of such land,
and (2) the project includes all reasonable planning to minimize harm to the land as a
park resulting from the proposed use of the land; and
WHEREAS, the Project will benefit the City of Round Rock and the surrounding
communities and travelling public at large by increasing the safety and mobility of
Wyoming Springs Drive and the proposed adjacent and connecting shared use path
facility for the travelling public; and
WHEREAS, the selected conceptual design of the proposed roadway, drainage,
utility, and shared path improvements requires only the use of parkland which is
immediately adjacent to the existing Wyoming Springs right of way corridor or existing
intersecting roadways or connecting park path areas currently being used for public
transportation purposes; and
WHEREAS, the proposed Project considered and evaluated all reasonable
environmental and landowner impacts and alternatives prior to final determination of
proposed Project scope, new right of way impact and acquisition, and final design
component criteria in order to minimize any such impacts while still meeting the
objectives of the Project purpose, and
WHEREAS, the Project must incorporate all reasonable planning to avoid harm
to the use of the areas surrounding the Sites as a park or recreation area; and
WHEREAS, Chapter 26 also requires that the foregoing findings may be made
only after notice and a hearing as required by said Chapter 26; and
WHEREAS, written notice of the public hearing was delivered to the District at
least thirty days before the public hearing, and notice of the public hearing was
published once a week for three consecutive weeks, the last publication being no less
than one week and no more than two weeks before the public hearing, in a newspaper
of general circulation that is published at least six days a week in the county where the
Sites are situated; and
2
WHEREAS, the City duly posted notice of the public hearing in compliance with
the terms of §26.002 of the Tex. Parks and Wildlife Code to be held on the 10th day of
February, 2022, in the Round Rock City Council Chambers, 221 East Main Street,
Round Rock, Texas; and
WHEREAS, said public hearing was in fact held at such time and place, Now,
Therefore:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS, THAT:
I.
The City Council of the City of Round Rock, Texas hereby finds and determines
that all of the recitals set forth above are true and correct and are incorporated herein as
findings of fact.
The City Council of the City of Round Rock, Texas hereby finds and determines
that each and every requirement set forth in Chapter 26, Tex. Parks and Wildlife Code
concerning public notices, agendas, public hearings, consideration, findings, and other
procedural matters have been fully complied with.
Ill.
The City Council of the City of Round Rock, Texas, after considering the public
testimony, if any, and other information presented at the aforesaid public hearing, any
local preferences presented to the City or its Transportation Department and Project
consultants, and information presented at any other duly called meeting of the City
Council, including presentation of the "Texas Parks and Wildlife Code Chapter 26"
Project analysis memorandum prepared by Hal ff Associates, Inc. dated October 21,
3
2021, a copy of which is attached hereto as Exhibit "B°, hereby finds and determines
that given the consideration of all factors and alternatives affecting the Project and the
Sites that:
1) there is no feasible and prudent alternative to the use or taking of the Sites
for the Project in the locations and for the purposes as shown in Exhibit
"A;" and
2) the proposed Project and selected alternative include all reasonable
planning to minimize harm to the land as a park resulting from the use or
taking.
IV.
The City Council of the City of Round Rock, Texas hereby finds and resolves that
the Project is approved as currently planned. The City of Round Rock, Texas, its
Transportation Department and their consultants or agents are authorized and directed
to complete or cause to be completed the design, engineering, acquisition and
construction of the Project utilizing the Sites for a portion of the improvements to
Wyoming Springs and related facilities. All actions heretofore taken by the City Council,
the Mayor, city staff, the City Manager, and the City Attorney with respect to the Site
and the Project are hereby confirmed, ratified, approved and adopted by the Council.
The City Council further finds and determines that the Project is essential to the
public health, safety, and mobility of the citizens of the City.
V.
The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Resolution was adopted was posted and
4
that such meeting was open to the public as required by law at all times during which
this Resolution and the subject matter hereof were discussed, considered and formally
acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government
Code, as amended.
RESOLVED this 14th day of April, 2022.
CRA1G J,
RGAayor
City of Round
R.
V, --
Texas
ATTEST:
MEAGAN INKS, qty Clerk
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MEMORANDUM
Texas Parks and Wildlife Code Chapter 26
............................................................................................................-.............-.....................................................................
..................................................................................................................................................... ..................
TO: City of Round Rock DATE: 10/21/2021
Transportation Department
Attn:Dawn ScheO,PE,Prqject Manager
FROM: Eric Ratzman,PE AVO. 36179.002
Project Manager
SUBJECT: Wyoming Springs Segment 1
Protection of Public Parks and Recreational Lands
Introduction
The purpose of the Wyoming Springs Segment 1 project is to connect the discontinuous northern and
southern segments of Wyoming Springs Drive as planned in the Ultimate Roadway Network in the city's
adopted Transportation Master Plan. A secondary purpose is to connect the proposed shared use path
(SUP)from Wyoming Springs to the Brushy Creek Regional Trail.
Need to acguire park land as easement and right of way
While most of the needed right of way (ROW) has previously been dedicated for the purpose of this
project, the schematic design identified the need for several parcels to be acquired from Fern Bluff
Municipal Utility District (MUD). The parcels to be acquired are designated for "park and recreational
purposes,and related and compatible purposes,for public use."
Chapter 26 of the Texas Parks and Wildlife Code stipulates that a municipality "may not approve any
program or project that requires the use or taking of any public land designated and used prior to the
arrangement of the program or project as a park,recreation area...unless the...municipality...determines
that(1) there is no feasible and prudent alternative to the use or taking of such land; and(2) the program
or project includes all reasonable planning to minimize harm to the land, as a park, recreation area...
resulting from the use or taking."' Chapter 26 also requires notice of a public hearing and a public hearing,
after which a finding justifying the approval of the project would be made.
Design alter ati
Hal ff analyzed the project design to determine if there are any feasible and prudent alternatives to the
use of public park land and identified four alternatives. For Alternative#1,where the proposed roadway
alignment follows the existing ROW,the majority oft e improvements are contained within existing ROW.
I Parks and Wild ffe Code, Title 3. Parks, Chapter 26, Protection of Public Parks and Recrea0onal Areas,
htt
1j1JLstatutes,caAtol.texas& Docs oc5LPW htm PW,26.htm accessed October 6,2021.
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Attachments:
Exhibits of Alternatives 1, 2,and 3
Table I-Alternatives Analysis to the Acquisition of Park Land for Wyoming Springs Segment I
Corridor Fencing Exhibit Page 1
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However,the proposed waterline improvements and culvert construction would encroach into park land;
therefore, complete avoidance was determined to not be feasible. This alternative also does not fully
meet the project purpose,-while Alternative#1 would connect the discontinuous roadways, it would not
connect the SUP to the regional trail. Not creating a trail connection misses an important recreational
benefit gained by Alternatives #2 and #3. Alternative#1 requires 0.76 acre of easement and ROW and
results in the greatest impacts to trees and the least recreational benefits/improvements.
In an effort to avoid/preserve trees while following the existing ROW, Alternative #2 was designed to
closely follow(but not be parallel to)the existing ROW. This alternative requires 1.03 acres of easement
and ROW and meets the purpose of the project while preserving 10 more trees than Alternative#1.
To address public input and local preference for tree preservation, Alternative #3 preserves 40 mature
trees(totaling nearly 700 caliper inches) compared to Alternative#1. Alternative#3 meets the purpose
of the project and requires 1.75 acres of easement and ROW.
Alternative #4 is the no-build option. Though public comments were received in favor of the no-build
alternative,this alternative does not meet the purpose of the project;therefore, it was eliminated from
consideration.
Efforts to minimize harm to the land, as a park or recreation area
Though Alternative#2 requires slightly less ROW than Alternative#3,Alternative#2 results in more harm
to trees than Alternative#3. Therefore,Alternative#3 is the most prudent alternative. Plans to minimize
harm to the land are as follows:
Though Alternative #3 requires 1.75 acres of easement and ROW, only 0.21 acre would be paved or
converted to an above ground drainage structure; therefore, 1.54 acres of the land would remain open
space or recreational use when complete. The 1.75 acres is approximately 3.5%of the land conveyed for
park and recreational use,so 96.5%of the land would retain its current use. The 0.21 acres of land to be
paved or unusable as park or recreational area is only 0.4%of the land conveyed for park and recreational
use so 99.6%percent of the park land would remain open space. Additionally,6-foot tall corridorfencing
is proposed to shield the remaining park land from the road. Finally,350 linear feet of recreational path
is proposed in the area of take,including the connection to the Brushy Creek Regional Trail,which would
provide a safety and recreational benefit to the trail users compared to an existing steep, non-ADA
compliant,non-lighted,and non-paved path through the trees.
Conclusion
There is no feasible and prudent alternative to using park land for the Wyoming Springs Segment I project
while still meeting the project's purpose. Alternative#3 would achieve the project purpose in the most
prudent manner,while Alternative#4 would not. Efforts were also expended to address local preference
to minimize mature tree/canopy removal. As currently designed,Alternative#3 would result in the least
harm to the park and recreational area compared to Alternatives #1 and #2 and would provide the
greatest recreational and public benefits.
Attachments.,
Exhibits of Alternatives 1,2,and 3
Table 1-Alternatives Analysis to the Acquisition of Park Land for Wyoming Springs Segment 1
Corridor Fencing Exhibit Page 2
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Roadway alignment follows the existing ROW. No connection to Brushy Creek Regional Trail. More trees to No 0.76 Partially Highest 0 Yes No
be removed. Land must be acquired for culvert and utility installation.
NOW'
Roadway alignment closely follows the existing ROW but was adjusted to avoid some trees, Trail connection
No 1.03 Yes bAc+derate SZTYes Yes
10to Brushy Creek Regional trail is made.
,
ROADWAY ALIGNED TO MINIMIZE TREE IMPACTS/REMOVAL
comments; trail No 1175 Yes L est` 350 Yes— Yes
connection to Brushy Creek Regional trail is made,
Roadway is aligned for maximum tree protection/avoidance in response to public
NO-BUILD
4 Not building the project avoids park land but does not meet the purpose of the project which is to connect Yes 1.11 1. �� N/ANJ
the discontinuous arterial in accordance with the city's Transportation Masterplan.
Preserves 40 mature trees{nearly 7(90 caliper inches of trees)compared toAltemative 91
Only 0.21 acres to be paving or structure/concrete,so 1.54 acres of the land will remain"open space or
fecreational use"when complete. 350 feet of recreational path is proposed in the area of take. Corhow
fencing-s proposed to shield the remaining park land from the road
WYOMING SPRINGS - SEGMENT 1
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