HomeMy WebLinkAboutOctober 24, 2006 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
October 24,2006
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Special Called Meeting on Tuesday, October 24, 2006 at 6:30 p.m. in the Council
Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items
will be considered:
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B . Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible."
2. PUBLIC HEARINGS
A. Hold the second of two public hearings to consider the voluntary annexation and
service plan for approximately 2 acres. The property to be annexed is generally
located in the southeastern area of the City of Denton's extraterritorial jurisdiction
on Teasley Lane and Old Alton Road. (A 06-0002, Corinth Substation)
B. Hold the second of two public hearings to consider the voluntary annexation and
service plan for approximately 33 acres. The property to be annexed is generally
located in the northwestern area of the City of Denton's Extraterritorial
Jurisdiction (ETJ) north of US 380 west of Masch Branch Road and legally
described as Lot 2 of the Marriott Garden Addition. (Lot 2 of the Marriott
Garden Addition Annexation, A06-0004)
NOTE: The City Council reserves the right to adjourn into a Closed Meeting on any item on its
Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended,
including without limitation, Sections 551.071-551.086 of the Texas Open Meetings Act.
However, the Council reserves the right to take action at the meeting regarding any item on the
agenda.
CER TIFICA TE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of
Denton, Texas, on the day of , 2006 at o'clock (a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE
SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST
48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE
DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER
CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE:
October 24,2006
DEP ARTMENT:
Planning and Development Department
Howard Martin, 349-8232 ..
ICM:
SUBJECT A06-0002 (Corinth Substation Annexation)
Hold the second of two public hearings to consider the voluntary annexation and service plan for
approximately 1.9 acres into the corporate city limits of the City of Denton, Texas. The property is
generally located in the southeastern area of the City of Denton's extraterritorial jurisdiction (ETJ) on
Teasley Lane and Old Alton Road legally described as a part of a 5.41-acre tract of land situated in
the J.C. Baker Survey, Abstract 47, Denton County, Texas.
BACKGROUND
Applicant:
Masterplan
Dallas, TX
A voluntary annexation proceeding is being considered by the City of Denton for the Corinth
Substation. In accordance with the City's Annexation Policy Plan, approved in June 1993, the City
will "access on a case by case basis" the annexation of areas in the ETJ when significant
developments are proposed.
. The applicant, Masterplan, petitioned the City for the voluntary annexation of approximately
1.9 acres of land into the City. The applicant is proposing to construct an electrical substation
for TXU.
. On September 12, 2006, staff received direction from the City Council to proceed with the
annexation.
. The City of Denton issued a letter of intent to property owners for annexation on September
15, 2006.
. On October 5, 2006, neighboring property owners were notified of the voluntary annexation
with an "intent to annex" letter and official public hearing notification. To date, staff has
received no letters in support or in opposition from property owners within 200' of the
proposed annexation area. (See Attachment 4).
. The Comprehensive Plan identifies this area to be within Neighborhood Centers land use
designations.
OPTIONS
1. Proceed with the annexation.
2. Amend the land area proposed for annexation.
3. Amend the Service Plan.
4. Discontinue annexation.
RECOMMENDATION
Staff recommends that the annexation proceed on schedule.
PRIOR ACTION/REVIEW (Council.. Boards.. Commissions)
On September 12, 2006, staff received direction from the City Council to proceed with the
annexation.
On October 17, 2006 Denton City Council held the first of the two required public hearings to
consider annexing approximately 1.9 acres into the corporate city limits of the City of Denton.
FISCAL INFORMATION
Development of this property will increase the assessed value of the city. It will require no short-term
public improvements that are the responsibility of the city.
EXHIBITS
1. Service Analysis
2. Draft Service Plan
3. Location Map
4. Notification Map
5. Annexation Schedule
Respectfully submitted,
~~~
Kelly Carpenter, AICP
Planning and Development Director
EXHIBIT 1
CITY OF DENTON ANNEXATION PLAN FOR
A06-0002 - Corinth Substation
I. AREA ANNEXED
The annexation area is located in the southern portion of Denton's Extraterritorial
Jurisdiction and contains approximately 2 acres generally located on Teasley Lane
and Old Alton Road.
II. INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government
Code, Sections 43.021, 43.065, and 43.065(b)-(0) (Vernon 1999, as amended).
Municipal facilities and services to the annexed area described above will be provided
or made available on behalf of the City in accordance with the following plan. The
City shall provide the annexed tract the levels of service, infrastructure, and
infrastructure maintenance that are comparable to the levels of service, infrastructure,
and infrastructure maintenance available in other parts of the city with similar
topography, land use, and population density.
III. AD VALOREM (PROPERTY OWNER) TAX SERVICES
A. Police Protection, Code Enforcement, and Animal Control
Police service, including patrolling, response to calls, and other routine
functions, will be provided to the property upon the effective date of the
annexation using existing personnel and equipment. Code enforcement
and animal control services will also be provided to the property upon the
effective date of the annexation.
B. Fire Protection
Fire protection (within the limits of existing hydrants) and emergency
medical services will be provided to the property upon the effective date
of the annexation. The estimated emergency response time in this area is
3.5 minutes, which is similar to responses for surrounding properties
within the city limits. The City of Denton will provide emergency
medical services ("EMS").
C. Roads and Streets
Roads and streets, which have been properly platted, duly dedicated, and
accepted by the City of Denton and/or Denton County shall be maintained
by the City of Denton on the effective date of the annexation. Installation
and maintenance of street signs, street lighting and traffic control devices
will be maintained by the City of Denton on the effective date of the
annexation.
D. Parks and Recreation Facilities
Parks and recreational facilities in the area to be annexed will begin upon
the effective date of the annexation according to the 2000 Parks and
Recreation Master Plan. No parks are currently located within the
proposed annexation area. Denton neighborhood park facilities are within
reasonably close distance of the proposed annexation area. Residents of
the proposed annexation area will be able to use existing City of Denton
park and recreation facilities and programs.
E. Library Services
Library services will be made available on the effective date of the
annexation on the same basis and at the same level as similar library
facilities are maintained throughout the city.
F. Building Inspections and Consumer Health Services
Building inspections and consumer health services will be made available
on the effective date of the annexation on the same basis and at the same
level as similar facilities are maintained throughout the City. Both
services are provided on a "cost recovery" basis, and permit fees offset the
costs of services delivered. Incomplete construction must obtain building
permits from the Building Inspections Department of the City of Denton.
G. Planning and Development Services
Planning and development services will be made available on the effective
date of the annexation. The Planning and Development Department
currently services this property by way of administration of the Denton
Development Code, concerning subdivision and land development
regulations.
City Council adopted The Denton Plan, the city's 1999-2020
comprehensive plan, by Ordinance 99-439 on December 7, 1999. The
Future Land Use Plan addresses both land in the city and its ETJ, and the
subject tract is within the Neighborhood Centers land use designation. The
Denton Plan designates future land uses to manage the quality and
quantity of growth by organizing the land use patterns, by matching land
use intensity with available infrastructure, and by preserving floodplains
as environmental and open space corridors. The Denton Plan will be used
as a basis for final zoning classifications after the properties are annexed.
IV. UTILITY (RATEPAYER) SERVICES
A. Solid Waste Collection
The City of Denton is the exclusive residential and commercial solid
waste service provider in the City. The Department is an entirely fee
based operation and received no resources from taxes. Solid waste
2
collection service will be provided to the property upon the effective date
of the annexation using existing personnel and equipment. To receive
solid waste collection service, the customer must contact the City of
Denton Customer Service Office and submit a request/application for
serVIce.
B. W ater/W astewater Facilities
Maintenance of water and wastewater facilities in the area to be annexed
that are not within the service area of another water or wastewater utility
will begin upon the effective date of the annexation using existing
personnel and equipment. City of Denton 24-inch pressure force main
exists in the annexation area. Additional water and sewer lines are located
along the boundaries of the annexation area. The City shall provide a
level of water and wastewater service, infrastructure, and infrastructure
maintenance that is comparable to the level of services, infrastructure, and
infrastructure maintenance available in other parts of the city with
topography, land use, and population density similar to those reasonably
contemplated or projected in the area.
C. Drainage Services
Drainage maintenance will be provided to the property upon the effective
date of the annexation. The City shall provide a level of drainage services,
infrastructure, and infrastructure maintenance that is comparable to the
level of services, infrastructure, and infrastructure maintenance available
in other parts of the city with topography, land use, and population density
similar to those reasonably contemplated or projected in the area.
D. Electrical Services
Denton Municipal Electric is certified by the State and is obligated to
provide electric utility service to the annexation area should a request be
made by a property owner. Electric utility service will be made available
on the effective date of the annexation on the same basis and at the same
level as similar facilities are maintained throughout the city. Denton
Municipal Electric is the current electric service provider for this site.
V. OTHER SERVICES
Other services that may be provided by the City, such as municipal and
general administration will be made available on the effective date of the
annexation. The City shall provide a level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance available in other parts of the
City with topography, land use, and population density similar to those
reasonably contemplated or projected in the area.
VI. CAPITAL IMPROVEMENTS PROGRAM (CIP)
3
No new construction of additional water, sewer, street, and drainage facilities
is contemplated within the annexed area as a result of this annexation because
the annexed area on the date of annexation will have a level of full municipal
services equal to other areas within the City having similar characteristics of
topography, land use, and population density. Thus, no construction of public
improvements is contemplated as a result of this annexation that would begin
within two and a half (2 ~) years after the effective date of the annexation.
The City shall consider construction of other public improvements as the
needs dictate on the same basis as such public improvements are considered
throughout the City for areas having similar characteristics of topography,
land use, and population density.
VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED
Nothing in this plan shall require the City to provide a uniform level of full
municipal services to each area of the City, including the annexed area, if
different characteristics of topography, land use, and population density are
considered a sufficient basis for providing different levels of service.
VIII. TERM
This service plan shall be valid for a term of ten (10) years. Renewal of the
service plan shall be at the discretion of City Council.
IX. AMENDMENTS
The service plan may be amended if the City Council determines at a public
hearing that changed conditions or subsequent occurrences make this service
plan unworkable or obsolete. The City Council may amend the service plan to
conform to the changed conditions or subsequent occurrences pursuant to
Texas Local Government Code, Section 43.056 (Vernon Supp. 2000).
4
Exhibit 2
SERVICE AREA ANALYSIS
A06-0002 - Corinth Substation
Fire
1. Fire and Emergency Medical Services can be provided to the area from station(s)
# Q, located at Teaslev at Lilian Miller.
2. Estimated response time. 3.5 minutes
3. Appropriate response time in the City. ~ minutes
4. Is a new fire station approved in the CIP that could serve this area? No If yes, what is
the CIP program year?
5. Will a new fire station be requested in upcoming CIP proposals to serve this area?
. If yes, when should this station be operational?
6. Total estimated funding for equipment, employees and/or facilities needed to serve this
area strictly based on annexation and proposed development.
N/A
7. Please comment on the cumulative impact of annexation and development.
At what population level would another fire station facility be required? N/A
Is there an accepted facility/equipment to population ratio that can be used for planning
purposes? N/A
Is there an accepted fire fighter to population ratio that can be used for planning
purposes? N/A
Additional Comments:
This area is already serviced by the Fire Department. No negative impact anticipated.
Rick Jones/Fire Marshal
Sept. 15, 2006
Person to contact if there are questions
Date
1
Exhibit 2
SERVICE AREA ANALYSIS
A06-0002 - Corinth Substation
Parks and Recreation
1. What neighborhood park and recreational facilities are currently serving this area or are
capable of serving this area if annexed and/or developed (federal, state, or local)?
None are within the proposed annexation. Since this site is not planned for
residential development, the annexation will not have any negative impact on
Park and Recreation services. Current area residents will be able to use existing
City of Denton parks, facilities and programs.
2. What projects and/or equipment will be needed to adequately serve this area if annexed
and/or development based on the parks and recreation master plan or similar
standards? N/A
Neighborhood Parks:
2.5 acres per 1 ,000 population.
5 acres minimum size.
(bv Developer) cost per acre.
Other faci I ities
Community Parks:
3 acres per 1 ,000 population.
30 acres minimum size.
cost per square foot.
3. How much additional funding will be needed for maintenance if additional park facilities
are developed to serve this area?
N/A cost per acre.
N/A cost per square foot.
4. How many additional personnel would be needed to properly serve this area if annexed
and developed?
N/A additional personnel per 1 ,000 population;
N/A additional personnel per 1 ,000 square feet of facility; or
N/A additional personnel per acre of park.
5. Service Standards:
0.5 to 0.7 FTE additional personnel per 1 ,000 population (dependina on type of service)
N/A cost per additional personnel
Additional Comments:
Since this site is not planned for residential development, the annexation will not have
any negative impact on Park and Recreation services.
Bob Tickner
9/20/2006
Person to contact if there are questions
Date
2
Exhibit 2
SERVICE AREA ANALYSIS
A06-0002 - Corinth Substation
Police
1. Estimated average response time for this area based on current department conditions:
Priority ~ minutes
Non-priority 17 minutes
Average 10.5 minutes
2. Appropriate average response time in the city based on current department conditions:
Priority ~ minutes
Non-priority 17 minutes
Average 10.5 minutes
3. If annexed and developed as proposed will additional personnel be needed as a specific
result of this proposal? NO. If yes, how many? What type?
4. Will additional equipment and funding be needed to serve this area? NO. If yes, what
type?
5. Will a police substation or other facility be needed to serve this area as a result of
annexation and development? NO. If yes, when should the new facilities be
operational?
6. Please comment on the cumulative impact of annexation and development.
At what population level would another police facility be required? N/A
Is there an accepted facility/equipment to population ratio that can be used for planning
purposes? No
Is there an accepted officer to population ratio that can be used for planning purposes?
1.79 Officers per 1.000 citizens
Additional Comments:
Lt. Lenn Carter
9/26/06
Person to contact if there are questions
Date
3
Exhibit 2
SERVICE AREA ANALYSIS
A06-0002 - Corinth Substation
Library
1. Estimated additional funding needed strictly based on proposed annexation and
development. JO.OO
2. Please comment on the cumulative impact of annexation and development. With the
planned expansion of the South Branch Library, the cumulative impact of
annexation and development should not hamper library services.
3. At what population level would another library facility be required? 131.738
4. Is there an accepted circulation to population ratio that can be used for planning
purposes? Yes. 7.35 is the national sample mean for circulation per capita
5. Is there an accepted employee to population ratio that can be used for planning
purposes? Yes. 2712.31 is the national sample mean of population per FTE total
paid staff.
6. At what population level would another library facility be required? 131.738
Is there an accepted circulation to population ratio that can be used for planning
purposes? Yes. 7.35 is the national sample mean for circulation per capita.
Is there an accepted employee to population ratio that can be used for planning
purposes? Yes. 2712.32 is the national sample mean for population per FTE total
paid staff.
If annexed, can anticipated service demands be met using existing materials, facilities,
and personnel? Yes.
If not, how many additional employees and what type of facilities and materials will be
needed to provide services? N/A
Additional Comments:
Eva Poole, Director of Libraries
26 September 2006
Person to contact if there are questions
Date
4
Exhibit 2
SERVICE AREA ANALYSIS
A06-0002 - Corinth Substation
Solid Waste
1. Is residential solid waste service available to the proposed area for annexation? Yes
2. Is commercial solid waste service available to the proposed area for annexation?
Yes
3. What is the estimated cost to provide this area with solid waste service?
Equipment and Maintenance. N/A
Personnel. N/A
4. What is the typical revenue collected per:
Household.
Contact Customer Service, 940-349-8069, for cart
rates and sizes.
Dumpsters and Roll-Off containers are available.
Commercial Business
5. Will additional equipment be needed to serve this area if annexed or developed?
Type of Equipment. No
Cost of Equipment. No
6. Will additional employees be needed to serve this area if annexed or developed?
Type of Employees. No
Number of Employees. No
7. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? N/A
Is there an accepted equipment to population ratio that can be used for planning
purposes? No
Is there an accepted employee to population ratio that can be used for planning
purposes? No
Additional Comments:
We can serve the area immediately; during construction and on a permanent basis
following construction.
S.Lebsack
9/19/06
Person to contact if there are questions
Date
5
Exhibit 2
SERVICE AREA ANALYSIS
A06-0002 - Corinth Substation
Electric Utilities
1. What is the distance to, location of, and size of the nearest City of Denton electric line?
DME facilities are at the site.
2. What type of lines and facilities would be required to serve this area?
None
3. Are any new lines or facilities proposed for construction to serve this area?
None
4. Are there any potential responsibilities if this area is annexed?
None
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required?
Is there an accepted equipment to population ratio that can be used for planning
purposes?
Is there an accepted employee to population ratio that can be used for planning
purposes?
Additional Comments:
Don McLaughlin (940) 349-7119
9/5/2006
Person to contact if there are questions
Date
6
Exhibit 2
SERVICE AREA ANALYSIS
A06-0002 - Corinth Substation
WaterlWastewater
1. What is the nearest City of Denton water line?
Size of water line. 8 inch
Location of water line. Teasley Lane
Distance from proposed annexation. 250 feet
2. What is the nearest City of Denton sewer line?
Size of sewer line. 12 inch
Location of sewer line. South of Old Alton Road
Distance from proposed annexation. 250 feet
3. According to the City of Denton master plan what type of lines and facilities would be
required for this area and when are those lines and facilities proposed for construction.
Size Year Location
Water lines N/A
Sewer lines N/A
4. Are there any City of Denton lines included in the proposed annexation?
Existing 24-inch sewer force main from Hickory Creek Lift Station
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required?
Is there an accepted equipment to population ratio that can be used for planning
purposes?
Is there an accepted employee to population ratio that can be used for planning
purposes?
Additional Comments:
The existing 24-inch sewer force main located within the property carries wastewater
flow from the entire Hickory Creek sewer basin. Any future construction activity shall
not adversely impact this existing sewer force main and all construction shall be
outside the easement for this line.
Tim Fisher, Assistant Director Water
P. S. Arora, Assistant Director Wastewater
9/25/2006
Person to contact if there are questions
Date
7
Exhibit 2
SERVICE AREA ANALYSIS
A06-0002 - Corinth Substation
EnClineerinCl and Transportation
1. What existing roads, bridges and other transportation facilities will be impacted by this
proposed annexation and development in terms of needed improvements or upgrades?
Name and location
None
Tvpe of Improvement
Approximate Cost
2. Are any of these improvements presently scheduled to be done at state or federal
expense? No. If yes, please identify facility and anticipated date improvements will
beg in.
3. Please list any drainage improvements that may require local funding, and include
estimated cost (if no specific improvements can be determined, please make general
comments concerning drainage).
4. Will additional equipment and facilities be needed as a specific result of this annexation
and development? No. If yes, what type of equipment or facility?
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? N/A
Is there an accepted equipment to population ratio that can be used for planning
purposes? N/A
Is there an accepted employee to population ratio that can be used for planning
purposes? N/A
Additional Comments:
It should be noted that the property to the south "the JR Marriot - Old Alton Business
Park" parcel has dedicated the ROW for Old Alton Road so as to have the curves
substantially increased such that the new alignment of Old Alton will no longer be
adjacent to this property. As parcels are platted in the "park", common access through
it to the Substation parcel will be required. The improvements are being managed by
Denton County Public Works Christopher Steubing, P.E. Director of Public Works
Denton County 1505 E. McKinney Street Suite 175 Denton, TX 76209 940.349.2960 ph
Bud Vokoun
9/26/2006
Person to contact if there are questions
Date
8
Exhibit 2
SERVICE AREA ANALYSIS
A06-0002 - Corinth Substation
Denton Independent School District
1. Education services are currently provided by:
2. If annexed, can anticipated service demands be met using existing materials, facilities
and personnel?
3. If not, how many additional employees and what type of facilities and materials will be
needed to provide services?
4. Estimate additional funding needed strictly based on proposed annexation and
development.
5. Will projected school taxes from this development provide that additional funding?
6. Please comment on the cumulative impact of annexation and development.
7. At what population level would other school facilities be required for the City of Denton?
8. Is there an acceptable employee to population ratio that can be used for planning
purposes?
Additional Comments:
Person to contact if there are questions
Date
9
Exhibit 3
Location Map
A06-0002
N
A
Legend
Annexation Site
City Limits
Exhibit 4
Notification Map
A06-0002
ct
~
~
~
N
A
Legend
Annexation Site
200 FEET NOTIFICATION
500 FEET NOTIFICAITON
City Limits
EXHIBIT 5
Proposed Annexation Schedule
A06-0002 - Corinth South Substation
Notices to Intent to Annex (30 day prior to 1 st PH) will be send on September 15th.
Tuesday, 10/17/06
City Council conducts first public hearing.
. Public notice must be no less than 10 days and no more than 20
days before public hearing.
o Annexation Study prepared and available for public review.
o Service Plan prepared and available for public review.
Tuesday, 10/24/06
City Council conducts second public hearing. (Special Called
Meeting)
. Public notice must be no less than 10 days and no more than 20
days before public hearing.
VVednesday, 10/25/06
Planning and Zoning Commission public hearings - make a
recommendation to City Council regarding the proposed
annexation and zoning
Tuesday, 11/14/06
City Council by a four-fifths vote institutes annexation
proceedings. (Special Called Meeting)
First reading of annexation ordinance.
. Action must be more than 20 days after the second public
hearing but less than 40 days from the first public hearing.
Sunday, 11/18/06
Ordinance published
. The ordinance cannot be acted upon until at least 30 days after
publication.
City Council by a four-fifths vote takes final action. Second
reading and adoption of the annexation ordinance. City Council
considers approval of zoning request.
. Council action must be more than 30 days after publication of
ordinance and less than 90 days after council institutes
annexation proceedings (adopts ordinance on 1 st reading). The
second reading of the ordinance and zoning approval could be
held any time between December 19,2006 and February 13,
2007.
Tuesday, 12/19/06
Annexations must be rigidly coordinated in conjunction with the City Council public hearing
schedule due to specific timing mandates established by Texas State Law. The Texas Local
Government Code requires that City Council institute annexation proceedings (1 st Reading of the
Ordinance) more than 20 days after the second City Council public hearin2: but less than 40
days from the first City Council public hearin2:.
- 1 -
AGENDA INFORMATION SHEET
AGENDA DATE:
October 24,2006
DEP ARTMENT:
Planning and Development
Howard Martin, 349-8232 ..
ICM:
SUBJECT
Hold the second of two public hearings to consider the voluntary annexation and service plan for
approximately 33 acres. The property to be annexed is generally located in the northwestern area of
the City of Denton's Extraterritorial Jurisdiction (ETJ) north of US 380 west of Masch Brand Road
and legally described as Lot 2 of the Marriott Garden Addition.
BACKGROUND
Applicant: City of Denton
Denton, TX
A voluntary annexation proceeding is being considered by the City of Denton for Lot 2 of the Marriot
Garden Addition and associated right-of-way. The ownership of Lot 2 is split between JVC Partners
and Denton County. Denton County has agreed to the annexation of the northern 32 feet of Lot 2 that
was purchased in 1997. The subject property is currently being used for industrial and warehousing
purposes. The subject property consists of eleven buildings totaling approximately 275,000 square
feet.
The proposed annexation is being initiated by the City as a result of a breach in the contract between
JVC Partners Inc., Marriott Rental Inc., and the City of Denton, dated December 4, 2001. The
contract stipulates that the property owner agrees to limit the use of Lot 2 of the Marriott Garden
Addition to industrial uses related to the production, storage and distribution of concrete, which were
in operation at the time the contract was executed. As well, the industrial uses and existing facilities
at the time of the contract, consisting of seven buildings totaling approximately 116,060 square feet,
two office trailers, four storage silos and associated scaling equipment, and parking lot areas, were not
to expand.
The contract also notes several other restrictive covenants that limited the location on site of a
temporary concrete batch plant, to one time only for a period of six moths, starting from the approval
date of the required Texas Natural Resources Conservation Commission (TNRCC) permit. This
covenant required from the property owner the immediate withdrawal of all permitting applications
with governmental entities concerning the proposed asphalt batch plant. The agreement further stated
that if the property owner develops, constructs, or applies for a permit for uses beyond the uses
included in the restrictive covenants, that would constitute breaching the contract and the City could,
at its discretion, initiate the voluntary annexation of the subject property. Staff has reviewed the
agreement and the subject property and determined that the facilities on-site have been expanded
beyond the original agreed upon terms.
The Legal department on October 6, 2006, notified JVC Partners and Marriott Rentals, via certified
mail, of the contract breach and the City's intent to annex the subject property. The applicant has
made contact with the City and requested information about the annexation schedule.
In anticipation of the pending annexation, the City contacted the adjacent property owners to
determine their interest in participating with the subject annexation (see Exhibit 8). A total of three
property owners, including Denton County, were contacted. Of the three, Denton County agreed to
annex to the City per Cathy Allcorn, Denton County Planning Manager, but the City received her
response after the time needed to process it as a part of this subject annexation. An additional
annexation can be pursued to bring the Denton County parcel into the City at a later time. The
remaining two property owners had no interest in annexing to the City at this time.
The following items summarize the proposed annexation and important actions taken:
~ September 12, 2006, staff received direction from the City Council to pursue voluntary
annexation proceedings for approximately 33 acres legally described as Lot 2 of the Marriott
Garden Addition and associated right-of-way.
~ September 15, 2006, the City of Denton issued a letter of intent to annex to property owners.
~ September 19, 2006, the County Commissioners voted in favor of the proposed city
annexation of the county's property (see Exhibit 3).
~ The entire area proposed for annexation is located within City of Denton's extra territorial
jurisdiction and is not zoned.
~ The Comprehensive Plan identifies this area to be within Employment Centers and 1 00- Year
Floodplain land use designations.
~ The annexation is scheduled for completion on December 19,2006. Please refer to Exhibit 1.
In accordance with the City's annexation policy plan, approved in June 1993, the City will "assess on
a case by case basis the annexations of areas in the ETJ when significant developments are proposed."
Annexation should be considered when a property is located within the designated urbanizing area; is
expected to accommodate urban growth in the next twenty years; and if the annexation is contiguous
to existing city limits, city roads and rights-of-way. The Lot 2 of the Marriott Garden Addition site is
located in Denton's ETJ Division 1. As such, development is subject to only the City's subdivision
regulations and not zoning regulations. The subject site is platted; however, any subsequent
subdivision or reconfiguration of Lot 2 will be subject to the City's subdivision regulations.
Incorporation of this site into the City would not require additional properties.
OPTIONS
1. Proceed with the annexation.
2. Amend the land area proposed for annexation.
3. Amend the Service Plan.
4. Discontinue annexation.
RECOMMENDATION
Staff recommends that the second public hearing for A06-0004 is held as scheduled, and pending
comments received; determine if additional information is needed.
Staff recommends that the public hearings proceed as scheduled, finding that:
The need to manage and coordinate development in an orderly manner is a significant city objective
that the City of Denton will pursue.
PRIOR ACTION/REVIEW (Council.. Boards.. Commissions)
March 26, 1997, Final plat approved.
June 5, 2001, First annexation attempt failed due to insufficient votes.
December 4,2001, Second annexation withdrawn and signed contract executed.
September 12, 2006, City Council VV ork Session
October 17, 2006, First Denton City Council Public Hearing
FISCAL INFORMATION
Development of this property will increase the assessed value of the city, county, and school district.
It will require no short-term public improvements that are the responsibility of the city. Proposed
annexation area will add additional tax base to the city (see Exhibit 6).
EXHIBITS
1. Proposed Annexation Schedule
2. Denton County Commissioners Court Annexation Approval Motion
3. Property and Zoning Maps
4. Memorandum Addressing Contract
5. Contract
6. Service Analysis
7. Draft Annexation Service Plan
8. Map of Property Owners Contacted About Annexation
Respectfully submitted:
~~
Kelly Carpenter, AICP,
Planning and Development Director
ANNEXATION SCHEDULE
Lot 2 of the Marriott Garden Addition Potential Annexation
Notices to Intent to Annex (30 day prior to 1st PH) will be send on September 15th.
Tuesday, 10/17/06
Tuesday, 10/24/06
Wednesday, 10/25/06
Tuesday, 11/14/06
Sunday, 11/18/06
Tuesday, 12/19/06
City Council conducts first public hearina.
. Public notice must be no less than 10 days and no more
than 20 days before public hearing.
o Annexation Study prepared and available for public
review.
o Service Plan prepared and available for public review.
City Council conducts second public hearina. (Special Called
Meeting)
. Public notice must be no less than 10 days and no more
than 20 days before public hearing.
Planning and Zoning Commission public hearings - make a
recommendation to City Council regarding the proposed
annexation.
City Council by a four-fifths vote institutes annexation
proceedings. (Special Called Meeting)
First readina of annexation ordinance.
. Action must be more than 20 days after the second
public hearing but less than 40 days from the first public
hearing.
Ordinance published
. The ordinance cannot be acted upon until at least 30
days after publication.
. The publication of the ordinance would be on a Saturday
instead of Sunday, as it has been done customarily. This
change in publication day would allow holding the second
reading of the ordinance on December 19, 2006
City Council by a four-fifths vote takes final action. Second
readina and adoption of the annexation ordinance. City
Council considers approval of zoning request.
. Council action must be more than 30 days after
publication of ordinance and less than 90 days after
council institutes annexation proceedings (adopts
ordinance on 1st reading). The second reading of the
ordinance and zoning approval could be held any time
between December 19, 2006 and February 13, 2007.
Annexations must be rigidly coordinated in conjunction with the City Council public hearing
schedule due to specific timing mandates established by Texas State Law. The Texas Local
Government Code requires that City Council institute annexation proceedings (1 st Reading of the
- 1 -
Ordinance) more than 20 days after the second City Council public hearin2: but less than 40
days from the first City Council public hearin2:.
- 2 -
~
DENTON COUNTY'
COMMISSIONERS COURT
/9,
Day
2006
Year
Court Order Number:
-L~-O S~I
THE ORDER:
Approval of the Annexation bv the City of Denton of
1~,tCountv.Property on Masch Br~nch Road
County Jod2e Yes
Mary Horn Abstain
No
Absent
Seconded by ~,. ')
~
Motion by Cu r;;:
-
Commissioner Pet No 1 Yes
Cynthia White Abstain
No
Absent
/
Commissioner Pct No 2 Yes
Sandy Jacobs Abstain
No
Absent
~
Commissioner Pct No 3 Yes
Bobbie J. Mitchell Abstain
No
Absent
~
~
Commissioner Pct No 4 Yes
Jim Carter Abstain
No
Absent
Motion Carried
s~u eWO
~ulled from Consent :.....-
No Action
Postponed _
ATTEST:
Cynthia Mitchell, County Clerk
and Ex-Officio Clerk of the
Commissioners Court of
1\",11111,'"",1. Denton County, Texas
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Lot 2 of Marriott Garden Addition
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.977
01723
RESTRICTIVE COVENANTS
130406
STATE OF TEXAS
}
}
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KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON
THESE Restrictive Covenants ("Restrictive Covenants") are made and entered into as of
the'1fi.Jdayof U 6-C b.-iS rz-,/ , 2001, by and between the CITY OF DENTON, TEXAS .
(the "City"), NC PARTNERS, INC., a Texas Corporation (the "Property Owner"), and
. MARRIOTT RENTALS, INC. ("Marriott").
/
WHEREAS, the Property Owner is the owner of an approximate 28.4215 acre parcel or
tract of land located in the Denton County, Texas within the extraterritorial jurisdiction of the
City as more particularly described as Lot 2, Block 1 of the Marriott Gardens Addition according
to the plat thereof recorded as document number 97-R0041092 in the Plat Records of Denton
County, Texas. ("Property"); and . -.:--
WHEREAS, Marriott is a lessee on the Property and has made application with the Texas
Natural Resources Conservation Commission ("TNRCC") and Denton County to construct an
asphalt batch plant on the Property; and
WHEREAS, the City has initiated the involuntary .annexation of certain real property
which includes the Property, pursuant to Annexation Case AOI-0004 (the "Annexation Case"),
for the public benefit and for the benefit of adjacent properties and the owners thereof; and
WHEREAS, the Property Owner has requested that the Annexation Case be dismissed in
exchange for which they have agreed to enter into these Restrictive Covenants for the benefit of
Property Owner, Marriott, the City, and the property owners adjacent to the Property; and
WHEREAS, the beneficiaries of these Restrictive Covenants are the City, Marriott, the
Property Owner and the property owners adjacent to the Property, and each has the right to
enforce such covenants
NOW THEREFORE, in consideration of the covenants contained in these Restrictive
Covenants, including the City's dismissal of the Annexation Case, the receipt and sufficiency of
which is acknowledged, the City, Marriott and Property Owner agree as follows:
1. The Property Owner hereby declares that all of the Property shall be held, sold
and conveyed subj ect to these Restrictive Covenants, which are for the purpose of protecting the
value and desirability of, and which shall run with the Property and be binding on all parties
having any right, title or interest in the Property or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of the Property Owner, City, and their successors, heirs and
aSSigns.
~
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2. The Property Owner covenants and agrees with the City that it will not use the
Property for any use other than the existing uses and structures or materially expand the existing
uses and structures as defined and shown on Exhibit "A" attached hereto and made a part by
reference (the "Existing Uses") unless the Property is zoned to allow such other use after the
Property is annexed into the City or unless the Property Owner receives the prior written consent
of City~ The term Existing Uses also includes the right to locate, one time only, on the Property
a temporary concrete batch plant for the production of concrete for use only on the Property,
which right shall expire within six months after the TNRCC issues a permit for the temporary
concrete batch plant (the "Temporary Concrete Batch Plant"). Property Owner shall not
commence construction or development or apply for any permits for uses other than the Existing
Uses on the Property, unless the Property Owner first receives City's written consent, or unless
the Property has been annexed into the City and is zoned to allow such use. If Property Owner
breaches its obligations hereunder by commencing construction or development or applying for a
pemlit for a use not allowed hereunder, such actions shall be deemed a request for voluntary
annexation by City and the Property shall, at the discretion of the City, be annexed into the City.
The Property Owner and all of its successors and. assigns covenant and agree ,..that such
annexation is voluntarily made and shall be considered to be by voluntary petition of the owners
of the Property at the time of such annexation. The Property Owner and Marriott hereby waive
any and all vested rights including rights and claims that they may have under Section 43.002
and Chapter 245 of the Texas Local Government Code related to uses or potential uses of the
Property,. other than the Existing Uses. Without limiting the foregoing, this waiver and covenant
includes any use of the Property for an asphalt batch plant or similar uses, except for the Existing
Uses (the "Batch Plant"). Upon execution of these Restrictive Covenants by all parties, the
Property Owner and Marriott hereby agree to immediately withdraw all applications for the
Batch Plant upon the Property currently pending with any governmental entity and agency.
Marriott agrees to abide by all of the covenants contained in this Section 2. Further, the Property
Owner and Marriott acknowledge and agree that the terms, covenants and agreements contained
in these Restrictive Covenants do not constitute actions of the City as contemplated by
Subsection 2007~003(a)(3) of the Texas Government Code and the Property Owner and Marriott
hereby waive any rights, remedies, claims, and causes of action that they may have under
Chapter 2007 of the Texas Government Code against the City in connection therewith.
3. In consideration of the covenants and agreements contained herein the City has
agreed to dismiss the Annexation Case~ Further, to the extent permitted by law, so long as there
is no breach of the terms or ,conditions of these Restrictive Covenants, the City agrees not to
involuntarily annex the Property for a period of five years from the date of the dismissal of the
Annexation Case~ The Property Owner and Marriott represent and warrant that they are
represented by legal counsel, that they make these Restrictive Covenants voluntarily, and that the
City's dismissal of the Annexation Case and the City's conditional agreement herein not to
involuntarily annex the Property are individually and collectively adequate consideration for the
Property Owner's and Marriott's promises and covenants herein. The City's promise contained
in this Section 3 regarding not involuntarily annexing the Property for a period of five years is
hereby declared by the parties hereto to be severable~ If it is determined by a court of competent
jurisdiction to be void, voidable, or unenforceable the remainder of these Restrictive Covenants
shall remain in full force and effect as if such provision were not contained herein.
Page 2
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e
.977
01725
4. Any person who sells or conveys any portion of the Property shall prior to such
sale or conveyance give separate written notice of these Restrictive Covenants to the prospective
purchaser or grantee, along with a separate notice to the City including a copy of such written
notice. Notice to the City shall be addressed as follows:
City Manager
City of Denton
215 E. McKinney
Denton, Texas 76201
5. These Restrictive Covenants are to run with the land described herein as the
Property and shall be binding on all parties and all persons claiming under them, and any future
owners of the Property for a period of fifty years from the date these Restrictive Covenants are
recorded. These Restrictive Covenants shall not be amended without the prior written consent of
the City.
6. These Restrictive Covenants may be enforced by the Property Owner, the City,
and their successors, .heirs or assigns by any proceeding at law or in equity. Failure by the
Property Owner or the City to enforce any covenant shall in no event be deemed a waiver of the
right to do so thereafter.
7 ~ Invalidation of any of the covenants or provisions contained in this instrument by
judgment or court order shall not in any manner affect any of the other covenants or provisions
herein set forth and all such remaining provisions shall remain in full force and effect.
8. No subsequent change in the law shall in anyway affect the validity or
enforceability of these Restrictive Covenants.
9. This instrument may be separately executed in any number of individual
counterparts, and such counterpart signatures, when assembled together, shall constitute one and
the same instrument
10.. The Property Owner represents and warrants to the City that there are no. existing
liens affecting the Property.. If this representation and warranty is inaccurate it shall constitute a
breach of the terms and conditions of these Restrictive Covenants.
The parties hereto have executed these Restrictive Covenants as of the date first above
written.
By:
Name: Vickie Marria t
President
Page 3
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e big 7 7
MARRIor RENTALS, INC.
By:
CITY OF DENTON, TEXAS
BY:
&~ / 8vfJc~
Euline Brock, Mayor
ennifer K.. Walters
City Secretary
APPROVED AS TO FORM:
CITY ATTORNEY
L-
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01726
p
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01727
ACKNOWLEDGMENTS
STATE OF TEXAS )
COUNTY OF DENTON )
This instrument was acknowledged before me on the!J!)I-;Y Of"'ClCvl."tt:r:t , 2001 by Vickie
Marriott, the President of NC Partners, Inc., a Texas corporation, on behalf of said corporation.
~
. (..".. '-". ,." ....~ . 't)~
- Notary Public, ra and for the State of Texas
9.?OOOOOOOOOOOOOOOOCCOO::>:)Q;)Oocooot~
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'{ ..,~:~~.Jd PU;/~...... DEBBiE E. MILUCAN
8 'c ~. ~~ ~ ~ 8
8[~(*.: ~ ~ Notary PubHc~ State of Texas
~\._'::'~'.""".:$..l My Commission Exp. 02.16-20038
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~~~OOOOOOOOOOOOOOOOOOOOOOOO
My Commission expires: ~... I u -- "t-C03
STATE OF TEXAS )
COUNTY OF DENTON )
This instrument was acknowledged before me on the:l..!iraY of ~t-UA.kL, 2001 by Vickie
Marriott, the -=PJLtA{~~ of Marriott Rentals, Inc., a Texas corporation, on behalf
of said corporation.
...... ,.' ,~ .... ,....,i'\.,...,.,"""~ ......,.....t'~f.. ~,i...h.,...OO^P>,oooooooo("'\:l"o,
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8 ~ < ~ );1~} .... ~ Notary Public~ State of-Texas 8
g ':<':'~;;i~."'<;(<'_::: My Commission Exp. 02~16-2003 8
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('-.7~ (~I l.4.t.U('~--
Notary Public, in and for the State of Texas
My Commission expires: ,;2 - I (p ~ 2-(5(:;3
STATE OF TEXAS )
COUNTY OF DENTON )
This instrument was acknowledged before me on the '/!day of~, 2001 by Euline
Brock, Mayor of the City of Denton, Texas, on behalf of said city.
I "\,,,"'~~~M',,-
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JENNIFER K~ WALTERS
Now ry P u blic~ State of ~exas
t\ {y Cnmmi~:;;;on Exp~re~
Decernber19,2D02
N t Publ., in and for the State of Texas
My Commission expires: /d.- / /q /o~
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Page 5
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EXHIBIT "A"
THE "EXISTING USES"
The Existing Uses are described as follows and are located in the structures or buildings as
shown below:
2281 Masch Branch Road 18 approximately 11,060 square foot building used for
o ffice/W arehouse purposes.
2281 A Masch Branch Road Office Trailer~ The trailer serves as office.
2281 B Masch Branch Road~ This is a building approximately 25,000 square feet designed and
used for office/warehouse purposes.
2281 C Masch Branch Road.. This is a building approximately 25,000 square feet designed and
used for office/warehouse purposes.
2281 D Masch Branch Road~ This is a building approximately 16,000 square feet designed and
used for office/warehouse purposes.
2281 E Masch Branch. This is a building approximately 16,000 square feet designed and used for
office/warehouse purposes~
2277 Masch Branch Road and Parking Lot~ This is a building approximately 11,000 square feet
designed and used for office/warehouse purposes.
2275 Masch Branch Road. This is a building approximately 12,000 square feet .designed and
used for office/warehouse purposes~
2269 Masch Branch Road and Parking Lot, Adjoining Fuel Island and Truck Parking Area: This
is tile existing trllck shop owned by JThf.
Two (2) Asphalt Silos & Scales: The silos are used for the storage of asphalt The scales are
used to weigh the asphalt upon removal from the silos.
Scale House. This is a small office type structure used to store computer equipment and serves
as an office.
Two (2) Cement Silos: These. are used for the storage of cement.
Guard Trailer~ This is a trailer used by a night watchman on the Property.
Page 6
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ANNEXATION REQUEST
SERVICE AREA ANALYSIS
A06-0004
The Planning and Development Department is processing a voluntary annexation for
approximately 33 acres of land in the northwestern area of the City of Denton's extraterritorial
jurisdiction (ET J) generally located at the southwest corner of Hampton Rd and Masch Branch
Road intersection and legally described as Lot 2 of the Marriott Garden Addition, according to
the plat recorded as document number 97 -R0041 092 in the Plat Records of Denton County,
Texas, and associated right-of-way. Refer to map below.
Size. 33 acres
Location. Southwest corner of Hampton Road and Masch Branch Road intersection
in the northwestern area of the City of Denton extraterritorial jurisdiction
(ET J).
Proposed uses. None at this time.
Proposed zonina. Not determined at this time. However, the proposed zoning would be
within the Employment Center zoning classification
The purpose of the service area analysis is to determine how the city would provide services to
the area should it be annexed. A service area analysis form is attached. Please provide the
requested information and any other pertinent information you deem necessary.
To determine the city's ability to provide services to the proposed area it is necessary to
document:
. Each department's existing capacity to provide an adequate level of service to the
proposed area;
. Additional personnel and capital equipment/facilities necessary to provide an adequate
level of service to the proposed area; and
. Cost of providing additional service.
Existing Conditions:
Proximity to existina arterial and collector roads. The Mobility Plan designates Masch Branch
Road as a collector. The property is located approximately 1 ,500 feet north of University
Drive. University Drive is designated as an arterial road. The subject property fronts and has
access onto Mash Branch Road.
Future Land Uses. The proposed annexation area contains two future land use designations:
Employment Centers and 1 DO-Year Floodplain. The 1 DO-Year Floodplain locates along the
southwest corner of the subject property.
Existina land uses. The subject property is currently used for industrial and warehousing uses.
Eleven buildings, totaling approximately 275,000 square feet, locate on site.
H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc
Prominent natural features. The area to be annexed is located within the Hickory Creek
watershed. Environmental Sensitive Areas (ESAs), including floodplain and stream buffers are
located along the south and west boundaries of the property.
Proximity to other service providers. The annexation area is along the northwestern border of
the City of Denton. Based on current data, there is an 8-inch water line along the street
frontage of the property. The closest 8-inch gravity sewer line locates on Hampton Road.
Thank you for your consideration of this request. Please submit any other information that you
believe is pertinent to evaluate the provision of services to this area to Deborah Viera in the
Planning and Development Department at deborah.viera@cityofdenton.com by September 25,
2006. You may reach her at 349-8368 if there are any questions.
LOCATION MAP OF PROPOSED ANNEXATION AREA
Parcels Proposed for
Annexation
Current City Limits
H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service Analysis.doc
AERIAL OF PROPOSED ANNEXATION AREA
H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service
Analysis.doc
SERVICE ANALYSIS
A06-0004
Fire
1. Fire and Emergency Medical Services can be provided to the area from station(s)
# 5 & 3, located at the intersections of Windsor and Bonnie Brae, and McCormick
andl35E
2.
Estimated response time.
7 minutes
3. Appropriate response time in the City. 5 minutes
4. Is a new fire station approved in the CIP that could serve this area? No.
5. Will a new fire station be requested in upcoming CIP proposals to serve this area? No.
6. Total estimated funding for equipment, employees and/or facilities needed to serve this
area strictly based on annexation and proposed development.
Not Applicable
7. Please comment on the cumulative impact of annexation and development.
At what population level would another fire station facility be required? 1 per 20,000
residents
Is there an accepted facility/equipment to population ratio that can be used for planning
purposes? No.
Is there an accepted fire fighter to population ratio that can be used for planning
purposes? 1 per 1,000 residents
Additional Comments:
We already respond to this area. It would have no negative impact on our resources.
Rick Jones. Fire Marshal
Person to contact if there are questions
September 15. 2006
Date
H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service
Analysis.doc
SERVICE ANALYSIS
A06-0004
Parks and Recreation
1. What neighborhood park and recreational facilities are currently serving this area or are
capable of serving this area if annexed and/or developed (federal, state, or local)?
None are within the proposed annexation. The closest Denton Parks properties to
the proposed annexation area are North Lakes Park (2. 15 miles), McKenna Park
(2.29 miles), and Airport Open Space Park (2.21 miles). Current residents will be
able to use existing City of Denton parks, facilities and programs.
2. What projects and/or equipment will be needed to adequately serve this area if annexed
and/or development based on the parks and recreation master plan or similar
standards? The 2000 Denton Park and Recreation Master Plan does not indicate a
need for a Community Park in the general area of the proposed annexation.
Service Standards:
Neighborhood Parks:
Community Parks:
2.5 acres per 1,000 population (to be dedicated at time of
development)
5 acres minimum size.
(by developer) cost per acre.
3.0 acres per 1,000 population
30 acres minimum
3. How much additional funding will be needed for maintenance if additional park facilities
are developed to serve this area? None
Service Standard:
Based on $3,454 (developed) cost per acre
4. How many additional personnel would be needed to properly serve this area if annexed
and developed? None
Service Standards:
0.5 to 0.7 FTE additional personnel per 1,000 population (depending on type of
service)
$38,000 per year cost per additional personnel
Additional Comments:
Bob Tickner. Superintendent of Park Plannina and Development
Person to contact if there are questions
Sept. 27. 2006
Date
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Analysis.doc
SERVICE ANALYSIS
A06-0004
Police
1. Estimated average response time for this area based on current department conditions:
Priority 4 minutes
Non-priority 21 minutes
Average 12.5 minutes
2. Appropriate average response time in the city based on current department conditions:
Priority 4 minutes
Non-priority 21 minutes
Average 12.5 minutes
3. If annexed and developed as proposed will additional personnel be needed as a specific
result of this proposal? No
4. Will additional equipment and funding be needed to serve this area? No
5. Will a police substation or other facility be needed to serve this area as a result of
annexation and development? No
6. Please comment on the cumulative impact of annexation and development.
At what population level would another police facility be required? Not Applicable
Is there an accepted facility/equipment to population ratio that can be used for planning
purposes? No
Is there an accepted officer to population ratio that can be used for planning purposes?
1.79 officers per 1,000 citizens
Additional Comments:
Lt. Lenn Carter
Person to contact if there are questions
September 25. 2006
Date
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Analysis.doc
SERVICE ANALYSIS
A06-0004
Library
1. Estimated additional funding needed strictly based on proposed annexation and
development. $0.00
2. Please comment on the cumulative impact of annexation and development.
No there will no cumulative impact on library services as a result of this
annexation and development.
3. At what population level would another library facility be required? 131,738
4. Is there an accepted circulation to population ratio that can be used for planning
purposes? Yes. 7.35 is the national sample mean for circulation per capita.
5. Is there an accepted employee to population ratio that can be used for planning
purposes? Yes. 2,712.31 is the national sample mean of population per FTE total
paid staff.
6. At what population level would another library facility be required? 131,738
Is there an accepted circulation to population ratio that can be used for planning
purposes? Yes. 7.35 is the national sample mean for circulation per capita.
Is there an accepted employee to population ratio that can be used for planning
purposes? Yes. 2,712.31 is the national sample mean of population per FTE total
paid staff.
If annexed, can anticipated service demands be met using existing materials, facilities,
and personnel? Yes
Eva Poole. Director of Libraries
Person to contact if there are questions
September 26. 2006
Date
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Analysis.doc
SERVICE ANALYSIS
A06-0004
Solid Waste
1. Is residential solid waste service available to the proposed area for annexation? Yes
2. Is commercial solid waste service available to the proposed area for annexation?
Yes
3. What is the estimated cost to provide this area with solid waste service?
Equipment and Maintenance.
Personnel.
Not Applicable
Not Applicable
4. What is the typical revenue collected per:
Household.
Commercial Business
Residential Carts - 3 sizes
Dumpsters and Roll-Off Containers
Call Customer Service for rates. 940-349-8787
5. Will additional equipment be needed to serve this area if annexed or developed? No
6. Will additional employees be needed to serve this area if annexed or developed? No
7. Please comment on the cumulative impact of annexation and development.
We can begin serving this area immediately.
At what population level would additional equipment be required? Not Applicable
Is there an accepted equipment to population ratio that can be used for planning
purposes? No
Is there an accepted employee to population ratio that can be used for planning
purposes? No
Additional Comments:
S. Lebsack
Person to contact if there are questions
September 19. 2006
Date
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Analysis.doc
SERVICE ANALYSIS
A06-0004
Electric Utilities
1. What is the distance to, location of, and size of the nearest City of Denton electric line?
DME services a portion of the 33 acres and electric service to the rest of the site
is provide by TXU.
2. What type of lines and facilities would be required to serve this area?
Electric lines to serve this site are in place.
3. Are any new lines or facilities proposed for construction to serve this area?
No
4. Are there any potential responsibilities if this area is annexed?
The street lighting of Masch Branch Road.
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required?
Is there an accepted equipment to population ratio that can be used for planning
purposes? No
Is there an accepted employee to population ratio that can be used for planning
purposes? No
Additional Comments:
Donald McLauahin
Person to contact if there are questions
September 15. 2006
Date
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Analysis.doc
SERVICE ANALYSIS
A06-0004
WaterlWastewater
1. What is the nearest City of Denton water line?
Size of water line. 8 inch
Location of water line. Masch Branch Road
Distance from proposed annexation. Along the property on Masch Branch Road
2. What is the nearest City of Denton sewer line? On Hampton Road
Size of sewer line. The proposed annexation area is served by
an existing sewage lift station that
discharges into an existing 8-inch gravity
sewer line on Hampton Road.
Location of sewer line. Hampton Road
Distance from proposed annexation. Adjacent to site
3. According to the City of Denton master plan what type of lines and facilities would be
required for this area and when are those lines and facilities proposed for construction.
Size Year Location
Water lines Not Applicable
Sewer lines Not Applicable
4. Are there any City of Denton lines included in the proposed annexation?
Existing water and wastewater lines are located within Masch Branch Road and
Hampton Road that currently provide service to the proposed annexation area.
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required?
Is there an accepted equipment to population ratio that can be used for planning
purposes?
Is there an accepted employee to population ratio that can be used for planning
purposes?
Additional Comments:
The proposed annexation area is served by existing water and wastewater lines. No
additional capacity is needed to serve the proposed annexation area.
Tim Fisher, Assistant Director Water &
P. S. Arora, Assistant Director Wastewater
Persons to contact if there are questions
September 25. 2006
Date
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Analysis.doc
SERVICE ANALYSIS
A06-0004
EnClineerinCl and Transportation
1. What existing roads, bridges and other transportation facilities will be impacted by this
proposed annexation and development in terms of needed improvements or upgrades?
Masch Branch Rd between University and the south property line of this parcel is
not of sufficient structural integrity to support the expect volumes and type of
traffic this site generates and may require substantial improvements or upgrades
in the near future.
Name and location
Masch Branch Rd (between
University and the south
property line)
Type of Improvement
mill and overlay
Approximate Cost
unknown at this time
2. Are any of these improvements presently scheduled to be done at state or federal
expense? No
3. Please list any drainage improvements that may require local funding, and include
estimated cost (if no specific improvements can be determined, please make general
comments concerning drainage).
Drainage improvements funded by the local government are not required.
General comments: The DF-3 floodplain (Zone A) encroaches onto the west side
of the property. Fill and grading was completed within the floodplain along the
west side of the annexation property to construct the parking area and a
warehouse building. The City believes the property owner has not received a
letter of map revision from FEMA, which is a violation of the National Flood
Insurance Program. Upon annexation, this will also be a violation of the City's
Flood Prevention and Protection Code (Chapter 30). The warehouse structure at
the southwest corner of the property will be non-compliant upon annexation.
The owner will be required to achieve compliance with the NFIP and Chapter 30
as a prerequisite to receiving a development or building permit for any additional
improvements to the property.
4. Will additional equipment and facilities be needed as a specific result of this annexation
and development? No
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? Not Applicable
Is there an accepted equipment to population ratio that can be used for planning
purposes? Not Applicable
H:\Comprehensive Planning\A06-0004 Marriot Garden Addn\Service Plan\Service
Analysis.doc
SERVICE ANALYSIS
A06-0004
Is there an accepted employee to population ratio that can be used for planning
purposes? Not Applicable
Additional Comments:
Bernard Vokoun & Edward Witkowski
Person to contact if there are questions
September 26. 2006
Date
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Analysis.doc
EXHIBIT B
CITY OF DENTON ANNEXATION PLAN FOR
A06-0004 (Lot 2 of the Marriott Garden Addition)
I. AREA ANNEXED
The annexation area is located in the northwestern portion of Denton's Extraterritorial
Jurisdiction and contains approximately 33 acres of land generally located at the
Southwest corner of Hampton Rd and Masch Branch Rod intersection and legally
described as Lot 2 of the Marriott Garden Addition and associated right-of-way.
II. INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government
Code, Sections 43.021, 43.065, and 43.065(b)-(0) (Vernon 1999, as amended).
Municipal facilities and services to the annexed area described above will be provided
or made available on behalf of the City in accordance with the following plan. The
City shall provide the annexed tract the levels of service, infrastructure, and
infrastructure maintenance that are comparable to the levels of service, infrastructure,
and infrastructure maintenance available in other parts of the city with similar
topography, land use, and population density.
III. AD VALOREM (PROPERTY OWNER) TAX SERVICES
A. Police Protection, Code Enforcement, and Animal Control
Police service, including patrolling, response to calls, and other routine
functions, will be provided to the property upon the effective date of the
annexation using existing personnel and equipment. Code enforcement
and animal control services will also be provided to the property upon the
effective date of the annexation.
B. Fire Protection
Fire protection (within the limits of existing hydrants) and emergency
medical services will be provided to the property upon the effective date
of the annexation. The estimated emergency response time in this area is
7.5 minutes, which is similar to responses for surrounding properties
within the city limits. The City of Denton will provide emergency
medical services ("EMS").
C. Roads and Streets
Roads and streets, which have been properly platted, duly dedicated, and
accepted by the City of Denton and/or Denton County shall be maintained
by the City of Denton on the effective date of the annexation. Installation
and maintenance of street signs, street lighting and traffic control devices
will be maintained by the City of Denton on the effective date of the
annexation.
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D. Parks and Recreation Facilities
Parks and recreational facilities in the area to be annexed will begin upon
the effective date of the annexation according to the 2000 Parks and
Recreation Master Plan. No parks are currently located within the
proposed annexation area. Denton neighborhood park facilities are
located within reasonably close distance of the proposed annexation area.
Residents of the proposed annexation area will be able to use existing City
of Denton park and recreation facilities and programs.
E. Library Services
Library services will be made available on the effective date of the
annexation on the same basis and at the same level as similar library
facilities are maintained throughout the city.
F. Building Inspections and Consumer Health Services
Building inspections and consumer health services will be made available
on the effective date of the annexation on the same basis and at the same
level as similar facilities are maintained throughout the City. Both
services are provided on a "cost recovery" basis, and permit fees offset the
costs of services delivered. Incomplete construction must obtain building
permits from the Building Inspections Department of the City of Denton.
G. Planning and Development Services
Planning and development services will be made available on the effective
date of the annexation. The Planning and Development Department
currently services this property by way of administration of the
Development Code, Chapter 35 of the Code of Ordinances, concerning
subdivision and land development regulations.
City Council adopted The Denton Plan, the city's 1999-2020
comprehensive plan, by Ordinance 99-439 on December 7, 1999. The
Future Land Use Plan addresses both land in the city and its ETJ, and the
subject tracts contain Employment Centers and 1 00- Year Floodplain!
Environmentally Sensitive Areas. The Denton Plan designates future land
uses to manage the quality and quantity of growth by organizing the land
use patterns, by matching land use intensity with available infrastructure,
and by preserving floodplains as environmental and open space corridors.
The Denton Plan will be used as a basis for final zoning classifications
after the properties are annexed.
IV. UTILITY (RATEPAYER) SERVICES
A. Solid Waste Collection
The City of Denton is the exclusive residential and commercial solid
waste service provider in the City. The Department is an entirely fee
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based operation and received no resources from taxes. Solid waste
collection service will be provided to the property upon the effective date
of the annexation using existing personnel and equipment. The City of
Denton Solid VVaste Department will honor existing contracts with private
solid waste service providers after the effective date of this annexation in
accordance with Texas Local Government Code, Section 43.056(0)
(Vernon Supp. 2000).
The City Ordinance requires Solid VV aste services for all residences and
commercial businesses located in the City. The City of Denton Solid
VV aste Department is fully funded through the service fees charged, and
receives no funding from city tax revenues. Solid waste refuse collection
services will be provided to the newly annexed property immediately upon
the effective date of the annexation.
All residential homeowners and commercial businesses should telephone
the City of Denton Solid VVaste Customer Service Department at 940-349-
8787 to initiate service. Commercial customers are required to complete
and submit a Service Agreement to Solid VVaste Customer Service prior to
. . .
receIvIng servIce.
Residential Solid VVaste Services
Each residential address will be provided a wheeled refuse cart, which will
be serviced one time per week. Residents are required to place their refuse
cart(s) at the curb prior to 7:00 a.m. on their collection day. Carts should
be placed at the curb for collection no earlier than 6:00 p.m. the evening
prior to their collection day. Carts are to be removed from the curb no later
than 6:00 a.m. on the day following their collection day. All refuse placed
in the cart for collection must be bagged to eliminate wind blown debris
and littering. Refuse that is not placed in the cart with the lid closed will
not be collected. Additional carts may be provided for an additional
monthly charge.
VV eekly yard waste service is provided.
VV eekly bulky item collection service is provided.
VV eekly curbside recycling services are provided by Trinity VV aste
Services. Contact Trinity at 1-800-766-1758 to obtain curbside recycling
information.
Each residential customer's refuse cart service, curbside recycling service,
bulky item collection service, and yard waste service will occur on
Monday of each week. Please telephone Customer Service, 940-349-8787,
to answer any remaining questions, and sign up for service.
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Commercial Refuse Service
Each commercial business will be provided with a commercial
container(s), which are available in a variety of sizes and frequencies of
collection, based on the waste type and volume generated. All refuse
placed in the container for collection must be bagged to eliminate wind
blown debris and littering. Refuse that is not placed in the container with
the lid closed will not be collected. Refuse placed outside the container is
subject to code enforcement regulations, including potential fines.
Landfill Service
The City of Denton Solid VVaste Landfill hours of operation are 7:00 a.m.
to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on
Saturdays. For information regarding disposal charges, call the Landfill
Office at 940-349-7510.
B. W ater/W astewater Facilities
Maintenance of water and wastewater facilities in the area to be annexed
that are not within the service area of another water or wastewater utility
will begin upon the effective date of the annexation using existing
personnel and equipment. Existing City of Denton water and sewer lines
are located along the boundaries of the annexation area. The City shall
provide a level of water and wastewater service, infrastructure, and
infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance available in other parts of
the city with topography, land use, and population density similar to those
reasonably contemplated or projected in the area.
c. Drainage Services
Drainage maintenance will be provided to the property upon the effective
date of the annexation. The City shall provide a level of drainage services,
infrastructure, and infrastructure maintenance that is comparable to the
level of services, infrastructure, and infrastructure maintenance available
in other parts of the city with topography, land use, and population density
similar to those reasonably contemplated or projected in the area.
D. Electrical Services
Denton Municipal Electric is certified by the State and is obligated to
provide electric utility service to the annexation area should a request be
made by a property owner. Electric utility service will be made available
on the effective date of the annexation on the same basis and at the same
level as similar facilities are maintained throughout the city. Denton
Municipal Electric and TXU are the current electric service providers for
this site.
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V. OTHER SERVICES
Other services that may be provided by the City, such as municipal and
general administration will be made available on the effective date of the
annexation. The City shall provide a level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance available in other parts of the
City with topography, land use, and population density similar to those
reasonably contemplated or projected in the area.
VI. CAPITAL IMPROVEMENTS PROGRAM (CIP)
No new construction of additional water, sewer, street, and drainage facilities
is contemplated within the annexed area as a result of this annexation because
the annexed area on the date of annexation will have a level of full municipal
services equal to other areas within the City having similar characteristics of
topography, land use, and population density. Thus, no construction of public
improvements is contemplated as a result of this annexation that would begin
within two and a half (2 ~) years after the effective date of the annexation.
The City shall consider construction of other public improvements as the
needs dictate on the same basis as such public improvements are considered
throughout the City for areas having similar characteristics of topography,
land use, and population density.
VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED
Nothing in this plan shall require the City to provide a uniform level of full
municipal services to each area of the City, including the annexed area, if
different characteristics of topography, land use, and population density are
considered a sufficient basis for providing different levels of service.
VIII. TERM
This service plan shall be valid for a term of ten (10) years. Renewal of the
service plan shall be at the discretion of City Council.
IX. AMENDMENTS
The service plan may be amended if the City Council determines at a public
hearing that changed conditions or subsequent occurrences make this service
plan unworkable or obsolete. The City Council may amend the service plan to
conform to the changed conditions or subsequent occurrences pursuant to
Texas Local Government Code, Section 43.056 (Vernon Supp. 2000).
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Property O,^,ners Inquired About Annexation