Loading...
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 EXHIBIT "All Ott 200 300 400 _ — - ,LE:1'=200' E z _ LEGEND Y _ - Q - CITY OF ROUND ROCK FERNS SL4JFF MtJl7 � '' - 777� � �' WYOMING SPRINGS 1,38 AOKES OF RIOFiI'�OFmV6fFalt NEEOE _ �'= - Ks cr FOR CONSTRUCTION OF OtJLVE�T< �, CREEK BEND®LVW ORM ary ATER BLVD FllydALL ANOGRADING FOR SAM BARS ROAD ROADWAYAND DRAINAGE �ybtYO SB�G sPR94+iGS DRf�� _ WYOMING SPRINGS DRIVE - Nf$LIJFF tJ4 FOR �`,� l2CFAO�Wl4YAtdC®FBAINIf4C+ImG9NIGFa3RY€��; €fly 3 z _ W _ Ica E MIN HALFF nmxr� ._ +wia rwrmx A r 0 ONE EXHIBIT 111311 9600 A III fir.,RGLE-IN HOPE),RVII,,Dlblr.>F SUIIIE 125 "m HALFF AUSTIN.TX 78729 Ems TEL (5�2�777 4600 TPBELS Firm No 312 FAX(5 2 25:2 W-0 WYVW HALIN.(::OM A 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. L_ _L_L 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 OEM 9SOU AJA011:140U:�4 511VO,StAMNO F 51J1 4 E125 HALFF Mj,�TMI VY 7167�9 �STJ� 7PT��firu TFBELS Firm No 312 SQ WNWIN WAIJ.&J:ir"!�I!� 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 $0 100 200 300 400 — _ SCALE.1'­200' LEGEND T CEWFMOC s v v tAt R42 _0,76 ACF2ES GFR sFlT�OF-4VA ��� CITY OF ROUND ROCK \� �EEPEC�QB�C�tdSlOCT86N��` �a C)F &DWALL AND G ING F� §V NAG AN[} AY-�R,41 INA7ER LBNE WYOMING SPRING EXTENMN PROJECT REEK E��® TER 9L G9L G$dS�Vd VD 8N •fd42 ` SM BASS ROAD CltilifJ�i§ Rf�G� �V� - F _ — �z EXHIOrT _ ALTERNATIVE Cit z e _ 4 - AUGUST 2029 am na - IN ~ _ t Ca HALFF o i r= 3 300 400 ILI 0 400 200 - AL 1*-2 a -700 EX ROW num t 1-7 . e a ` I- CITY OF ROUND ROCK ' t9.2BP ARES OF RIGHT-OF-WAY NEEDED Sj FOR CONSTRUCTION AND GRADING FOR S"-R SE F'A'4'9§ FERC�LL6FF MUD — _ e a WYOMING SRRJNGS EXTENSION PROJECT ®59 AC RE$CSP'RIG mC7FmYt€A,1°RIES.' . _ _ = R ATER BLVDF FOR CO HEAD SAM BASS ROAD LL — ROADl�6AYARl®�RAIhJACaE � - 5 _ WYOMING SPRINGS DRIVE oc EXHIBIT D.24 ACRES OF R8GF17-QF-4�PAi°PdEE�E� � "z . _ e ' FOR CONS7RUCT1C3Rl ®G ➢G FpR _ AL 42 H- ROADWAYAND - AU GUST 2029 _ € ZIVI �` . t ` _ E!_HALFF so- IFAft IM Ae s _ _ 1 00 200 �0 0 1 0 400 - - SCALE-.1"=200' LEGEND - a Vy- _ Al - e 9 CITY OF ROUND ROCK \ Q FERN BLUFF�IUfa Nz e `a -172 L - WYOMING SPRINGS 7.35 ACRES OF RIGHT-OF-WAY NEI v FOR CONSTRUCTION OFCULVERT� � � � CREEK BEND 8LVV511IGH WA71E BLVD HEADWALL AND G ING FGR, � SAAB SAW ROAD ROADWAY AND f]RAINAGE � .FERCACLR4230 5D C�hAYM11G�PR9hl I�Ftf�En - _ _ EXH 5.37 ACRES 8JF RIGFIT OFt3tT = 2 'FOR CONSTRUCTION AND GRADING FOR � ALTERNATWE 03 R®Lu ,r - F _ d _ HALFF IN' _ inanar��"iunea fiE - = r F Table 1.Alternatives Analysis to the Acquisition of Park Land for Wyoming Springs Segment 1 -f V 0 0 — be 06 C 6, 2 "' E . 2: 9 5 E W = PRO)ECr ALTERNATIVES AND DESCRIPTIONS EL CL L. LJ 2 Q. E GL 2-- 2 - M.0 !2 0 "t fir E .01 ................................................................... 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 ROUNoROCK CORRIDOR FENCE LOCATIONS TEXAS Legend CORRIDOR FENCE AESTHETICSx \\ \� \, —=\\� \\ e 'ting R®Y e Props ad 47 Property Lane Proposed dor Fence Proposed Proposed Bridge �A-- - V , gE 6-FT TALL FEN!Ei MACE OF RECYCLED TIRES �� Wv Aye _ A � � - yam �vv OCTOBER 2021 now NOTIE-CORRIDOR FENCE v Jim _ `� �Ct AITIONS SUBJECT TO CHANGE AMf WMIm Wax \- \\ � S `z CORRIDOR FENCE COLOR OPTIONS Al- IF -1 tff "AWM2 AS ProConiidor Fences t \ pjp M, y MV A 4 A A J ] sbu ijdm `6 \a\ k S' 5LJ I LOOA�A 6 A 51 Z A W % a ME w, IS 01 ao Al r I'M V NY A Am 10 J, a-0774 -J\ md 4, t -N �o jp�, ZOP /&,7 Al 7,77 M 'TqNu 56 p Q, 4 7 -—w K -vo T T 54- A- XF V LI) k 7--P, 41 P 6 p 4, am.- go �k j la, Go p. N& I p N Sh- 2 s 'A V, , P t t NMI 1w *A& N OVA", A k AL, .�MI, S !05 7 els � -,ZI m W, I 31 C Ft- L 0 A 5\ ,5 A 7, N A 0 S, 5\ W4 15L *N