Public Hearing and adoption of Resolution No. 2021-4-18(R) to approve the use or taking of a portion of City of Plano public parkland, known as Overland Trail, pursuant to Chapter 26 of the Texas Parks and Wildlife Code for dedication of parkland as a permanent utility and access easement for the purpose of utility infrastructure improvements to the Overland Trail located in the northeast corner of the property adjacent to Janwood Drive; authorizing the City Manager to execute all necessary documents; and providing an effective date. Conducted and adopted

The Chapter 26 Hearing is to memorialize existing stormwater utility infrastructure improvements on parkland known as Overland Trail that serves the adjacent residential neighborhood, and recent improvements that replace the portions of infrastructure within the property. The easement is to protect existing infrastructure in place prior to the acquisition of the property in 1970, and recent improvements to service it; to provide permanent access for the purpose of future maintenance.

Chapter 26, Section 26.001 of the Parks And Wildlife Code states that “A department, agency, political subdivision, county, or municipality of this state 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, scientific area, wildlife refuge, or historic site, unless the department, agency, political subdivision, county, or municipality, acting through its duly authorized governing body or officer, 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, scientific area, wildlife refuge, or historic site, resulting from the use or taking.”

The Department noticed the Chairperson for the Parks and Recreation Planning Board and the public by publication. The matter was heard by the Parks and Recreation Planning Board on March 9, 2021 and received the Board’s support.

No future action is anticipated.

This item has no financial impact.

Approval of this agenda item will support the City’s Strategic Plan goals of Residential and Commercial Economic Vitality and Excellent, Innovative, and Accountable City Government.