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HomeMy WebLinkAboutFebruary 13, 2007 Agenda AGENDA CITY OF DENTON CITY COUNCIL February 13,2007 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in 2nd Tuesday Session on Tuesday, February 13,2007 at 4:00 p.m. in the City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following item will be considered: NOTE: A 2nd Tuesday Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal City action. At a 2nd Tuesday Session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Councilor City Manager to participate in the session. Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public input. Although 2nd Tuesday Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. 1. Receive a presentation on Denton County Days from the Denton Chamber of Commerce. Following the completion of the Work Session, the City Council will also convene in a Special Called Meeting to consider the following: 1. Consider adoption of an ordinance on first reading to voluntarily annex approximately 23.84 acres into the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the southwestern area of the City of Denton's Extraterritorial Jurisdiction (ETJ) at northwest corner ofI-35W and Robson Ranch Road. (A06-0003) The Planning and Zoning Commission recommends approval (7-0). 2. Consider adoption of an ordinance on first reading to voluntarily annex approximately 18.27 acres into the corporate city limits of the City of Denton, Texas. 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 1 of the Marriott Garden Addition. (A06-0006) The Planning and Zoning Commission recommends approval (7-0). Following the completion of the Special Called Meeting, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. 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, as set forth below. City of Denton City Council Agenda February 13,2007 Page 2 1. Closed Meeting: A. Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071 1. Legal advice concerning land use legal issues including multi-family, fair housing, vested rights, development exactions, annexations, and takings Issues. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF 9551.086 OF THE TEXAS GOVERNMENT CODE (THE 'PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, 9551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION 9551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. CERTIFICATE 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 ,2007 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM 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: February 13,2007 DEP ARTMENT: :::~:g ~:::~:::::::- ACM: SUBJECT A06-0003 (Robson Ranch Retail) Consider adoption of an ordinance on first reading to voluntarily annex approximately 23.84 acres into the corporate city limits of the City of Denton, Texas. The property to be annexed is generally located in the southwestern area of the City of Denton's Extraterritorial Jurisdiction (ETJ) at northwest corner of I-35W and Robson Ranch Road. The parcel is legally described as a tract of land situated in the E. Pizano Survey Abstract No. 994, Denton Texas and being a part of tract of land described in a deed to Robson/I-35W Investors, Inc. as recorded in County Clerk File No. 02-63784. The Planning and Zoning Commission recommends the annexation proceed as presented (7-0). BACKGROUND Applicant: Winkelmann & Associates, Inc. Dallas, TX A voluntary annexation proceeding is being considered by the City of Denton for the Robson Ranch Retail property and associated right-of-way. The ownership of the property is Robson/I- 35W Investors, Inc. The subject property is currently vacant (see Exhibit 1). The following items summarize the proposed annexation and important actions taken: · On January 23, 2007, City Council held the second of two public hearings. · On January 10,2007, Planning and Zoning Commission held a public hearing regarding the proposed annexation and zoning change. · On January 9, 2007, City Council held the first of two public hearings. · On October 10, 2006, City Council directed staff to pursue voluntary annexation proceedings for the subject site. · The entire area proposed for annexation is located within City of Denton's Extra- territorial Jurisdiction (ETJ). · The Comprehensive Plan identifies this area to be within a Regional Mixed Use Centers land use designation. · The annexation is scheduled for completion on April 3, 2007 (see Exhibit 2). 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 subject 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 un-platted; any subdivision or reconfiguration of the property 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 The Planning and Zoning Commission recommends the annexation proceed as presented. PRIOR ACTION/REVIEW (Council.. Boards.. Commissions) January 9, 2007 First City Council Public Hearing January 10, 2007 Planning and Zoning Public Hearing January 23, 2007 Second 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. The proposed annexation area will add additional tax base to the city. EXHIBITS 1. Location Map 2. Annexation Summary Schedule 3. Service Plan 4. Service Area Analysis 5. Notification Map 6. Planning & Zoning Commission Minutes 1-10-07 7. Draft Ordinance Respectfully submitted: Brian Lockley, AICP Interim Director of Planning and Development Prepared by: Ron Menguita Planner III EXHIBIT 1 Location Map o Feet o .200 <<IJ 800 EXHIBIT 2 ANNEXATION SUMMARY SCHEDULE A06-0003 - Robson Ranch Retail Notices to Intent to Annex (30 day prior to 1 st PH) will be sent on December 8, 2006. Tuesday, 1/9/07 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, 1/23/07 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. Wednesday, 1/10/07 Planning and Zoning Commission public hearings - make a recommendation to City Council regarding the proposed annexation. Tuesday, 2/13/07 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, 2/25/07 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 March 28,2007 and May 14,2007. Tuesday, 4/3/07 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:_ EXHIBIT 3 CITY OF DENTON SERVICE PLAN FOR A06-0003 - Robson Ranch Retail I. AREA ANNEXED The annexation area is located in the southern portion of Denton's Extraterritorial Jurisdiction and contains approximately 23.84 acre generally located at the northwest corner of I 35W and Robson Ranch 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, 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 5 minutes from future Station #7. 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. 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 Regional Mixed Use 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. City Ordinance requires Solid Waste services for all residences and commercial businesses located within the city limits. The City of Denton Solid Waste 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. To receive solid waste collection service, the customer must contact the City of Denton Customer Service Office, 940-349-8787, and submit a request/application for service. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Service prior to receiving service. Residential Solid Waste 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. Weekly yard waste service is provided. Weekly bulky item collection service is provided. Weekly curbside recycling services are provided by Trinity Waste 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 the same day of each week. Please telephone Customer Service, 940-349-8787, to answer any remaining questions, and sign up for service. 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 Waste 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 The City will need a waterline easement on this property in the near future to service this site. The City will 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 will 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. 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. 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). EXHIBIT 4 ANNEXATION REQUEST SERVICE AREA ANALYSIS A06-0003 - Robson Ranch Retail The Planning and Development Department has received a request for annexation of approximately 23.84 acre parcel is generally located at the northwest corner of I 35W and Robson Ranch Road. Size: 23.84 acre Location: Northwest corner of I 35W and Robson Ranch Road Proposed use: Retail Development Proposed zonina: Regional Center Residential 1 (RCR-1) The purpose of the service area analysis is to determine how the city would provide services to the area should it be annexed into the city. A service area analysis form is attached. Please provide the requested information and any other pertinent information. 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. This property is Northwest corner of I 35W and Robson Ranch Road. The Mobility Plan designates Robson Ranch Road as a Secondary Major Arterial. Future Land Uses. The proposed annexation area is within the Regional Mixed Use Centers land use designation. Existina land uses: The subject property is currently undeveloped. Prominent natural features: The Environmentally Sensitive Areas (ESA) map shows that this property contains ESA - Upland Habitat and Riparian Buffers. This property contains a small portion of 1 DO-year floodplain. Proximity to other service providers: This property is along the southern border of the City of Denton. Based on the current data, there is no sewer line or water line in close proximity to the subject property. Water and sewer is provided to residential developments further west and east of the subject property. 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 Ron Menguita in the Planning and Development Department by December 1, 2006, and call 349-8328 if there are any questions. ........~:-.~:::::::: ..........~ ;--:iMIJI;~ ,..;:~ .~~ . '~...:.1. ~;:::.~ir-" SERVICE AREA ANALYSIS A06-0003 - Robson Ranch Retail Fire 1. Fire and Emergency Medical Services can be provided to the area from station(s) # ~, located at 1204 McCormick Street. and Future Fire Station #7 located at 4201 Vintaae Blvd. 2. Estimated response time. 5 minutes from Station #7 3. Appropriate response time in the City. 3.5 minutes 4. Is a new fire station approved in the CIP that could serve this area? Yes If yes, what is the CIP program year? 2006 - 2007 5. Will a new fire station be requested in upcoming CIP proposals to serve this area? No 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: Fire Station #7 is currently under construction and will be ready to serve this area in early 2007. Fire Station #3 currently serves this district with a response time of 8-10 minutes. Rick Jones December 29,2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0003 - Robson Ranch Retail 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 property to the proposed annexation area is the Robson Ranch Open Space, 3 miles, Vintage Open Park, 3.36 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 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 Planning and Development November 14,2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0003 - Robson Ranch Retail Police 1. Estimated average response time for this area based on current department conditions: Priority Eleven (11) minutes Non-priority Forty (40) minutes Average Twenty-Five (25) minutes 2. Appropriate average response time in the city based on current department conditions: Priority Non-priority Average Eleven (11) minutes Thirty-Seven (37) minutes Twenty-Three (23) 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? Is there an accepted facility/equipment to population ratio that can be used for planning purposes? Is there an accepted officer to population ratio that can be used for planning purposes? The aenerally excepted ratio for police departments our size is 1.8 officers/1000 population. However. we are currently operatina at approx. 1.4 officers/1000 population. Additional Comments: Lee Creamer, Lt. November 15, 2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0003 - Robson Ranch Retail 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. Since this site is not planned for residential development, the annexation and development will not have any negative impact on 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. 2,712.31 is the national sample mean of population per FTE total paid staff. 6. If annexed, can anticipated service demands be met using existing materials, facilities, and personnel? Yes. 7. If not, how many additional employees and what type of facilities and materials will be needed to provide services? N/A Additional Comments: The Denton Public Library and its three branch locations already service this area. Eva Poole, Director of Libraries November 30,2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0003 - Robson Ranch Retail 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. NA - Incremental cost NA - Incremental cost 4. What is the typical revenue collected per: Household. Commercial Business Varies by service level Varies by service level Contact Customer Service, 940-349-8787, and speak with a service representative to discuss service levels and rates. 5. Will additional equipment be needed to serve this area if annexed or developed? No Type of Equipment. NA Cost of Equipment. NA 6. Will additional employees be needed to serve this area if annexed or developed? No Type of Employees. NA Number of Employees. NA 7. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? NA 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: Service can be provided immediately upon annexation. Contact Customer Service, 940- 349-8787, to initiate service. Scott Lebsack November 16, 2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0003 - Robson Ranch Retail Electric Utilities 1. What is the distance to, location of, and size of the nearest City of Denton electric line? DME has facilities at the City of Denton Southwest Pump Station on John Payne Road. The distance to the pump station is 6,000-foot. 2. What type of lines and facilities would be required to serve this area? DME would have to construct main line some of which would have to be underground. 3. Are any new lines or facilities proposed for construction to serve this area? None are planned at this time. 4. Are there any potential responsibilities if this area is annexed? Lighting of public streets. 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? NA Is there an accepted equipment to population ratio that can be used for planning purposes? NA Is there an accepted employee to population ratio that can be used for planning purposes? NA Additional Comments: Electric service will be per Denton Municipal electric Service Standards. Don McLaughlin December 18, 2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0003 - Robson Ranch Retail WaterlWastewater 1. What is the nearest City of Denton water line? Size of water line. Location of water line. Distance from proposed annexation. 2. What is the nearest City of Denton sewer line? Size of sewer line. Location of sewer line. Distance from proposed annexation. 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 Sewer lines 4. Are there any City of Denton lines included in the proposed annexation? 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 City will need a waterline easement on this property in the near future to service this site. Tim Fisher November 14,2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0003 - Robson Ranch Retail Enaineerina 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 Robson Ranch Rd Tvpe of Improvement to be determined by TIA Approximate Cost unknown until TIA 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: Robson Ranch Rd, in this area, appears to be a county street. If so, coordination with the County will be required for the connection of any driveway and any improvements to Robson Ranch Rd. This parcel, as presented, is landlocked and without any public street access. No public street is scheduled for construction by the City so as to service this parcel. If the property to the south is of the same ownership, through which access would be obtained, the amount of frontage along Robson Ranch Rd may not provide adequate access/service. A comprehensive study of this situation will need to be detailed in the TIA. Bud Vokoun November 15, 2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0003 - Robson Ranch Retail Denton Independent School District 1. Education services are currently provided by: Denton ISD - Current school zoning for area: Elementary - Borman, Middle School - Calhoun, High School - Denton 2. If annexed, can anticipated service demands be met using existing materials, facilities and personnel? N/A 3. If not, how many additional employees and what type of facilities and materials will be needed to provide services? N/A 4. Estimate additional funding needed strictly based on proposed annexation and development. N/A 5. Will projected school taxes from this development provide that additional funding? N/A 6. Please comment on the cumulative impact of annexation and development. No additional students may result from either the annexation or proposed commercial zoning. The financial impact on DISD should be positive, in the form of additional property taxes generated by the future commercial development 7. At what population level would other school facilities be required for the City of Denton? N/A 8. Is there an acceptable employee to population ratio that can be used for planning purposes? N/A Additional Comments: Gene Holloway Director of Planning, DISD January 10, 2007 Person to contact if there are questions Date EXHIBIT 5 Notification Map iiIHi~~j~i;' t.....~(:::~: :..,...:;<;-.... ~::r-..:-::": .-.:....~.:...:~..j-~~I: ;a.~ ~:::!~...........~:::::::::::~ CondenseIt TM Page 25 Page 27 1 COMMISSIOKER STRANGE: The next item \vould 1 towards Robison Ranch, there appears to be a road or 2 be Item No. 5B, which is a voluntary annexation and 2 sOlnething has been -- initial vlork done. 3 service plan for approx hna tel y 23.84 acres. The property 3 MR. ME!\~GL 11 A: Right. I understand frolll 4 to be annexed is generally located at the southern area of 4 SOlne of the calls that I received regarding the public 5 the city of Denton's extraterritorial jurisdiction at the 5 notice, that there' S SOIne piping work, SOIne waterlines of 6 northwest comer of 1-35W and Robison Ranch Road. Mr. 6 that sort thatts being constructed. But this has nothing 7 Menguita. 7 to do with that construction. 8 r-..1R. MENGL IT A: chair, Inembcrs of the 8 COMMISSIONER \V ATKINS: Thank you. 9 COIlunission, this annexation is proposed as part of a 9 MR MENGlJITA: okay. 10 retail devclopInent along the northwest corner of 1-35 and 10 CO~MISSIO~ER STRANGE: Any other questions 11 Robison Ranch Road. The proposed annexation is being 11 of staff? rn now open the public hearing. Is the 12 initiated by the applicant, Winkchnann & Associates. The 12 applicant here and do they wish to speak? 13 applicant is also requesting a zoning change in 13 APPLICANT: The applicant is here if you 14 conjunction with this annexation request. The site is 14 bave any questions. 15 cOlupletely surrounded by the City of Denton. To the north 15 COMMISSIOKER STRANGE~ Any questions of the 16 and west part of the site is the future Hunter Ranch 16 applicant? Do I have any cards? 1 7 Development. 17 MR. LOCKLEY: NO cards. 18 The zoning district along 1-35 is RCR-l. 18 CO~1MISSIONER STRANGE: No cards. We'll 19 Surrounding the property to the north and west is 19 close the public hearing. Do we have a motion on this 20 agricultural. The COlnprehens ivc Plan Land Use Designation 20 item? 21 has the proposed site as regional mixed use center. lbis 21 corvrMIssrONER THOMAS: 1'11 move approval. 22 slide identifies or illustrates the buffer notification 22 COMMISSIONER EAG LETON: second. 23 that was sent out. As of today, no responses were 23 COMMlSSIOKER STRANGE: \ve have a motion by 24 received. 24 Mr. ThoInas and a second by !vIr. Eagleton. Any discussion? 25 City Council held the first of t\vo public 25 Please, vote. Dr. Thibodeaux, you did not register. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 26 hearings for this voluntary annexation as well on January 9th, which was yesterday. Council recorrunended to proceed with this annexation as scheduled. Staff recolnmcnds that the public hearing for A .06 -0003 is held as scheduled and pending C orllinents receive detenninc if additional COffilllen ts are needed. At this tirne, r d be happy to ans\\'er any questions. Any questions of Mr. Mcnguita? Mr. Watkins. COMMISSIO\ CR WATKINS: Pass ing by that piece of property on the Interstate 35W -- MR. MENGUIT A: Right. COMMISSIONER \V A TKINS: ~- on the west side of the intcrsta te inside the fence, it appears to be a road -- is that the reason that this piece of property is set back as far as it is? MR. MENGUITA~ I'll need to bring back the aerial real quick. COMMISSIONER W A TKWS: see tIle distance bet\veen 35W? MR. ME~GUITA: ch.huh. COMMIssrONER ~r A TKINS~ And this piece of property and paralleling that fraIn the top of the hill, Pilot Knob, all the way down ""- MR. ME~GmT A: Right. CO~MrSSIONER \V A TKlNS: .~ and then heading 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 28 There you go. The motion passes 7-0. PLANNING & ZONING REGULAR SESSION, JANUARY 10, 2007 Page 25 - Page 28 s: \OUf Documents\Ordinances\07\A06~0003.doc ORDINANCE NO: AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 23~84 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED IN THE SOUTHWESTERN AREA OF THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION (ETJ); GENERALLY LOCATED AT THE NORTHWEST CORNER OF I-35W AND ROBSON RANCH ROAD AND LEGALLY DESCRffiED AS BEING A TRACT OF LAND SITUATED IN THE E. PIZANO SURVEY ABSTRACT NO. 994, DENTON COUNTY, TEXAS AND BEING A PORTION OF A TRACT OF LAND DESCRillED IN A DEED TO ROBSON/35W INVESTORS LP AS RECORDED IN COUNTY CLERK'S FILE NO 02-63784 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A06-0003) WHEREAS, Pursuant to Section 43~061 of the Texas Local Government Code, home rule cities are authorized to annex areas that are not required to be in an annexation plan; and WHEREAS, on or about January 10, 2007, the Planning and Zoning Commission recommended approval of the annexation of the property legally described in Exhibit "A", attached and fully incorporated herein (the "Property"); and WHEREAS, the City Council finds that the Property contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; and WHEREAS, this annexation is voluntary and is being made under Subchapter C-I of Chapter 43 of the Texas Local Government Code; and WHEREAS, the City Council finds that any areas caused to be entirely surrounded by, but not included within, the City of Denton, Texas as a result of this annexation, are so surrounded in the public interest; and WHEREAS, the City Council finds that all required notices were given in the time and manner required by law; and WHEREAS, public hearings before the City Council were held in the Council Chambers on January 9, 2007, and January 23, 2007, (both days being on or after the 20th day but before the 40th day of the date of the institution of the proceedings) to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council February 13, 2007; and WHEREAS, this ordinance has been p~blished in full one time in the official newspaper of the City of Denton on February 25,2007, after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; and WHEREAS, the City Council finds that the annexation will allow the city to ensure development consistent with The Denton Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance, and all other findings legally necessary to support annexation, are incorporated herein by reference. SECTION 2~ The Property is hereby annexed to the City of Denton, Texas, and, pursuant to S35..16~8.G of the Denton Development Code, will be subject to the zoning standards associated with the zoning classification and use designation RD-5, until such time as the Property is initially zoned. SECTION 3. The service plan, a copy.ofwhich is attached hereto and made a part hereof by reference as Exhibit "B" (the "Service Plan"), which provides for the extension of municipal services to the Property, is approved as part of this ordinance. The Service Plan was made available for public inspection and explanation to the inhabitants of the area being annexed at the above described public hearings. SECTION 4. Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all portions of the Property lawfully annexed regardless of whether any other part of the Property is declared not to be lawfully annexed into the City~ If any part of the Property is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were expressly described in this ordinance~ SECTION 5: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of , 2007. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDW~_~_~_SYNDER; C/~.". ----.-. .~ -----=~.- /gy:-/~~~ / - .-.-- / / ./ EXHIBIT A FIELD DESCRIPTION STATE OF TEXAS COUNTY OF DENTON BEING a tract of land situated within the E~ PIZANO SURVEY, ABSTRACT NO. 994, Denton County, Texas and being part of a tract of land described in a Deed from Billie J Estes~ Brahmall to Gelia Estes Coleman as recorded in Volume 4498, Page 205 of the Real Property Records Denton County, Texas, and being more particularly described as follows: BEGINNING at a concrete right-of-way monument found at intersection of the westerly right-of-way line of interstate Highway 35 and the northerly right-of-way line of Robson Ranch Road (formerly known as Crawford Road) for the most southerly Southeast corner of the herein described tract: THENCE South 66 deg. 08 min~ 48 sec. West for a distance of 150.84 feet to a PK nail set in said Robson Ranch Road for comer. THENCE North 89 deg~ 47 min. 07 sec. West along said Robson Ranch Road a distance of 133.24 feet to a PK nail set for the Southwest corner of the herein described tract, the same being in the easterly West line of a called Tract 1 described in a Deed from HillwoodIMcCutchin, Ltd., to Petrus Investment, L.P., as recorded in Volume 4246, Page 574 of the Real Property Records of Denton County, Texas. THENCE North 00 deg. 17 min~ 24 sec~ East a distance of2436.06 feet to a 1/2 inch iron rod found at the most northerly South corner of said Tract 1, for the Northwest comer of the herein described tract THENCE South 89 deg. 46 min. 33 sec~ East along or near a fence with the most northerly South line of said Petrus Investment, L.P. tract a distance 722.74 to a metal fence comer found for the Northeast comer of the herein described tract, and the northerly Southeast corner of said Tract 1. THENCE South 00 deg. 08 min~ 17 sec~ West along or near a fence with the most southerly West line of said Petrus Investment, L~P. tract a distance of 1573.44 feet to a 1/2 inch capped iron rod set in the westerly right-of-way line of said Interstate Highway 35 for the most northerly Southeast comer of the herein described tract. THENCE South 29 deg. 55 min.. 32 sec.. West with the westerly right-of-way line of said Interstate Highway 35 a distance of922.23 feet to the POINT OF BEGINNING~ CONTAINING within these metes and bounds is 35~642 acres or 1,140,174 square feet of land more or less. Volume 5090, Page 01244 Deed Records Denton County) Texas EXHIBIT B CITY OF DENTON SERVICE PLAN FOR A06-Q003 - Robson Ranch Retail I. AREA ANNEXED The annexation area is located in the southern portion of Denton's Extraterritorial Jurisdiction and contains approximately 23~84 acre generally located at the northwest comer of I 35W and Robson Ranch 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)-(o) (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, 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 5 minutes from future Station #7~ 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. 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 Regional Mixed Use 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. City Ordinance requires Solid Waste services for all residences and commercial businesses located within the city limits. The City of Denton Solid Waste 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~ To receive solid waste collection service, the customer must contact the City of Denton Customer Service Office, 940-349-8787, and submit a request/application for service. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Service prior to receiving service~ Residential Solid Waste 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.. Weekly yard waste service is provided~ Weekly bulky item collection service is provided~ Weekly curbside recycling services are provided by Trinity Waste 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 the same day of each week. Please telephone Customer Service, 940-349-8787, to answer any remaining questions, and sign up for service~ 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 Waste 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. Water/Wastewater Facilities The City will need a waterline easement on this property in the near future to service this site~ The City will 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 will 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.. 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. CAPIT AL 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. No construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 Yl) 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 REOUIRED 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)~ 8S50 -R GH Location Map o FINt o 200 400 800 AGENDA INFORMATION SHEET AGENDA DATE: February 13,2007 DEP ARTMENT: Planning and Development Howard Martin, 349-8232" ACM: SUBJECT A06-0006 (Marriott Garden Addition, Lot 1) Consider adoption of an ordinance on first reading to voluntarily annex approximately 18.27 acres into the corporate city limits of the City of Denton, Texas. 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 1 of the Marriott Garden Addition. The Planning and Zoning Commission recommends the annexation proceed as presented (7-0). BACKGROUND Applicant: City of Denton Denton, TX A voluntary annexation proceeding is being considered by the City of Denton for Lot 1 of the Marriott Garden Addition and associated right-of-way. The ownership of Lot 1 is Denton County. Denton County has agreed to the annexation of Lot 1 that was purchased in 1997. The subject property is currently used as a maintenance facility for road and bridge construction. The proposed annexation is being initiated by the City of Denton in completion of the Marriott Garden Addition annexation to the south. In anticipation of annexing the property south of the subject site (see Exhibit 1), the City contacted Denton County to determine their interest in participating with the Marriott Garden Lot 2 annexation. Denton County agreed to the annexation of the subject site. However, the City received a response from the County past the time needed to be a part of the Marriott Garden Lot 2 annexation. At this time, Denton County is requesting the subject site be annexed into the City. The following items summarize the proposed annexation and important actions taken: · On January 23, 2007, City Council held the second of two public hearings. · On January 10,2007, Planning and Zoning Commission held a public hearing. · On January 9, 2007, City Council held the first of two public hearings. · City Council directed staff to pursue voluntary annexation proceedings for the subject site. · The entire area proposed for annexation is located within City of Denton's Extra- territorial Jurisdiction (ETJ) and is not zoned. · The Comprehensive Plan identifies this area to be within an Employment Centers and 1 00- Year Floodplain land use designations (located on the northwest portion of the subject site). · The annexation is scheduled for completion on April 3, 2007 (see Exhibit 2). 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 1 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 1 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 The Planning and Zoning Commission recommends the annexation proceed as presented. PRIOR ACTION/REVIEW (Council.. Boards.. Commissions) January 9, 2007 First City Council Public Hearing January 10, 2007 Planning and Zoning Public Hearing January 23, 2007 Second 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. The proposed annexation area will add additional tax base to the city. EXHIBITS 1. Location Map 2. Annexation Summary Schedule 3. Service Plan 4. Service Area Analysis 5. Notification Map 6. Planning & Zoning Commission Minutes 1-10-07 7. Draft Ordinance Prepared by: Respectfully submitted: /~y Ron Menguita Planner III Brian Lockley, AICP Interim Director of Planning and Development EXHIBIT 1 Location Map ~.... i~~\ . ::..~SR ~_t D-> ',{.; ,'. ~" ~m~ ::._~ . '~lyii.,/'" . !~.. EXHIBIT 2 ANNEXATION SUMMARY SCHEDULE A06-0006 - Marriot Garden Addition, Lot 1 Notices to Intent to Annex (30 day prior to 1 st PH) will be sent on December 8, 2006. Tuesday, 1/9/07 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, 1/23/07 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. Wednesday, 1/10/07 Planning and Zoning Commission public hearings - make a recommendation to City Council regarding the proposed annexation. Tuesday, 2/13/07 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, 2/25/07 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 March 28,2007 and May 14,2007. Tuesday, 4/3/07 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:. EXHIBIT 3 CITY OF DENTON SERVICE PLAN FOR A06-0006 - Marriot Garden Addition, Lot 1 I. AREA ANNEXED The annexation area is located in the northwestern portion of Denton's Extraterritorial Jurisdiction and contains approximately 18.27 acres of land generally located at the northwest corner of Hampton Rd and Masch Branch Road intersection and legally described as Blockl, Lot 1 of the Marriott Garden Addition. 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, 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. 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 5 minutes from stations #3 and/or #5. 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. The Code Enforcement Unit, in the Parks and Recreation Department's Neighborhood Services Division, will provide enforcement of City codes to the property upon the effective date of the annexation. 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 Regional Mixed Use 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 City Ordinance requires Solid Waste services for all residences and commercial businesses located in the City. The City of Denton Solid Waste 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. To receive solid waste collection service, the customer must contact the City of Denton Customer Service Office, 940-349-8787, and submit a request/application for service. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Service prior to receiving service. Residential Solid Waste 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. Weekly yard waste service is provided. Weekly bulky item collection service is provided. Weekly curbside recycling services are provided by Trinity Waste 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. 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 Waste 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 Water and wastewater utilities are currently being provided to this property. The City will 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 will 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) No new construction of additional water, sewer, street, and drainage facilities is contemplated within the annexed area as a result of this annexation. 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). EXHIBIT 4 ANNEXATION REQUEST SERVICE AREA ANALYSIS A06-0006 - Marriot Garden Addition, Lot 1 The Planning and Development Department is processing a voluntary annexation for approximately 18.27 acres of land in the northwestern area of the City of Denton's extraterritorial jurisdiction (ET J) generally located at the northwest corner of Hampton Road and Masch Branch Road intersection and legally described as Block 1, Lot 1 of the Marriott Garden Addition. Size: 18.27 acre Location: Northwest corner of Hampton Road and Masch Branch Road intersection Proposed use: None at this time Proposed zonina: Not determined at this time The purpose of the service area analysis is to determine how the city would provide services to the area should it be annexed into the city. A service area analysis form is attached. Please provide the requested information and any other pertinent information. 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. Future Land Uses. The proposed annexation area is within the Employment Centers land use desig nation. Existina land uses: The subject property is currently used for industrial use. Prominent natural features: The Environmentally Sensitive Areas (ESA) map shows that a small portion of this property contains ESA - Undeveloped Floodplain and Riparian Buffer located on the northwest corner of the property. This property also contains a small portion of 1 DO-year floodplain located on the northwest corner 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 property has a 2-inch pressurized sewer line running along Hampton Road extending west along the southern boundary line of the property. 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 Ron Menguita in the Planning and Development Department by December 8, 2006, and call 349-8328 if there are any questions. _.~. . '.j ~ '. . . . .......... .. , . :-"-:.. .:":..... - ""I .~ . .--',: _:~;~ ~.i"lla~'~ ~AIfIM~;" .~ .\ )f J. :r.. . ._-.r/' ~':1...........;~...............,.-.. _ ~~~~:~. .....................~:.: ~...:.:.:....... SERVICE AREA ANALYSIS A06-0006 - Marriot Garden Addition, Lot 1 Fire 1. Fire and Emergency Medical Services can be provided to the area from station(s) # ~, located at 2230 Windsor and station # ~ located at 1204 McCormick Street. 2. Estimated response time. 4 to 5 minutes 3. Appropriate response time in the City. 3.5 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? No 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 currently served by the Denton Fire Department and lies at the West City Limit Line. There are no plans at this time for the addition of a fire station in this area. Rick Jones December 29, 2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0006 - Marriot Garden Addition, Lot 1 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 property to the proposed annexation area North Lakes Park, 2.15 miles, McKenna Park, 2.29 miles, 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 November 28, 2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0006 - Marriot Garden Addition, Lot 1 Police 1. Estimated average response time for this area based on current department conditions: Priority 4 minutes Non-priority 17 minutes Average 10.5 minutes 2. Appropriate average response time in the city based on current department conditions: Priority 4 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. Lee Creamer December 29, 2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0006 - Marriot Garden Addition, Lot 1 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. Since this site is not tentatively planned for residential development, the annexation and development will not have any negative impact on 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. 2,712.31 is the national sample mean of population per FTE total paid staff. 6. If annexed, can anticipated service demands be met using existing materials, facilities, and personnel? Yes. 7. If not, how many additional employees and what type of facilities and materials will be needed to provide services? N/A Additional Comments: The Denton Public Library and its three branch locations already provide service to this area. Eva Poole December 7, 2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0006 - Marriot Garden Addition, Lot 1 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? Incremental Cost is minimal. Equipment and Maintenance. NA Personnel. NA 4. What is the typical revenue collected per: Household. Based on refuse cart provided. Commercial Business Based on container and frequency of service. Contact Customer Service, 940-349-8787, for service level and cost information. 5. Will additional equipment be needed to serve this area if annexed or developed? No Type of Equipment. NA Cost of Equipment. NA 6. Will additional employees be needed to serve this area if annexed or developed? No Type of Employees. NA Number of Employees. NA 7. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? NA 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: Scott Lebsack December 8, 2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0006 - Marriot Garden Addition, Lot 1 Electric Utilities 1. What is the distance to, location of, and size of the nearest City of Denton electric line? DME has a primary underground three-phase line on the property. 2. What type of lines and facilities would be required to serve this area? DME electric facilities are in place. 3. Are any new lines or facilities proposed for construction to serve this area? None are planned. 4. Are there any potential responsibilities if this area is annexed? Street Lighting. 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: DME currently provides electric service to Marriot Garden Addition, Lot 1. Changes to the electric service will be per Denton Municipal Electric Service Standards. Bill Bunselmeyer November 27,2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0006 - Marriot Garden Addition, Lot 1 WaterlWastewater 1. What is the nearest City of Denton water line? Size of water line. Location of water line. Distance from proposed annexation. 2. What is the nearest City of Denton sewer line? Size of sewer line. Location of sewer line. Distance from proposed annexation. 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 Sewer lines 4. Are there any City of Denton lines included in the proposed annexation? 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: Water and wastewater utilities are currently being provided to this property. Tim Fisher November 27,2006 Person to contact if there are questions Date SERVICE AREA ANALYSIS A06-0006 - Marriot Garden Addition, Lot 1 Enaineerina 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 Tvpe of Improvement Approximate Cost If not platted, Developer participation requirements for both north and east side of property Masch Branch frontage Masch Branch frontage Masch Branch off site Masch Branch/US380 25 ft width of pavement unknown 8 ft sidewalk unknown possibly some pavement improvements to US380 unknown participation in traffic signal unknown via TIA Roadways per the connectivity component of the mobility plan may be required including ROW dedication and street/sidewalk installation 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). None The following developer funded drainage improvements are required: The northwest corner of the lot is within Zone A floodplain (Stream DF-3) with undetermined base flood elevation. Prior to issuing a building permit for any development, the property owner is required to complete a flood study and obtain a letter of map revision (LOMR) from FEMA to establish the base flood elevation and required minimum finished floor elevation for any structures on this property. If this property is re-platted, a conditional LOMR will be required during the re- platting process to comply with Development Code Subchapter 19. Reference: City Code Chapter 30 Flood Prevention and Protection. 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. N/A 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: None at this time. Bud Vokoun Person to contact if there are questions December 28, 2006 Date SERVICE AREA ANALYSIS A06-0006 - Marriot Garden Addition, Lot 1 Krum 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: As of this writing, Planning has not received a response from Krum Independent School District. As soon as information is received, it will be included in the Service Area Analysis. Person to contact if there are questions Date EXHIBIT 5 Notification Map .", .". ":'::'-"rol ::r"~ :~::-I.--".-:""... ..;.. ,. .... ....... ... .~...~ :'-"~ ~"~:. " ~,:mm~, ~,mmmm,lr'i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CondenseltTM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 21 COMMISSIO~R STRANGE: \Ve'l1~ now move to 1 the portion of our Agenda which deals u our pub lie 2 hearings. For those of you who are not familiar with our 3 practice here, the public docs have an opportunity to 4 speak on any of the itCIns on the Agenda for pub lie 5 hearing. If you wi sh to speak, you need to fi 11 out one 6 of the yellow cards which is found outside in the hallway, 7 indicate the Agenda item for which you wish to speak, 8 present it down front, and when tile appropriate tilue 9 COInes, we \vill call your nalne. If you have not filled 1 0 out a card~ you will not be allowed to speak. 11 So if you wi sh to get a card Inake your way 12 to do that while \ve begin our first ile1n. It's Itenl No. 13 SA. It's a voluntary annexation and service plan for 14 approximately 18.27 acres. The property to be annexed is 15 generally located in the northwestern area of tIle City of 16 Denton r s ex tratcrri larial juri sdiction, north of 380 'h'est 1 7 and ~~ west of Masch Branch Road. Mr. Menguita. 18 MR. MENGlJITA: Thank you, Chair, metnbers of 19 the Commi s s ion. The proposed site as outlined in yellow 20 is currently owned by the County of Denton. It is 21 curren tly used as a lnain tenance facility for Road and 22 Bridge construction. The proposed annexation is being 23 initiated by the City in c0111pletion of the Marriott Garden 24 Addition annexation. In DecClnber of 19 -- 2006, just this 25 Page 22 pas t Inonth~ the annexation of Marriott Garden Addition, 1 Lot 2 was completed and is now part of the City. The 2 current zoni ng around the property is ECI to the south and 3 NR - 2 to the southeast. 4 The COIn p plan designation, land use 5 designation hus the property as cmp loyment center. TIle 6 slide shows the notification. As of today, staff has not 7 received any response to the notification that was sent 8 out. City Council held the first of wo public hearings 9 yesterday J annary 9th and rcconunendcd to proceed with this 10 annexation as scheduled. Stuff recolnmends that this 11 public hearing for A-06-Q006 is held as scheduled pending 12 COlnments received and detcnnine if additional information 13 is needed. I would be happy to answer any question at 14 this mOlnent. 15 COMMISSIONER STRANGE: Any question s of :Mr. 16 Menguita? Thank you. This is a public hearing. "lc will 17 now open the public hearing. I guess since tlle City is 18 the applicant, there is no -- do you have anything else to 19 add? 20 MR. MENGUIT A: NO, sir. 21 COMMISSIONER STRA~~GE: okay. Do we have 22 any cards on this ite1n? 23 MR. LOCKLEY: h~O, sir. 24 COMMrSSIO!\ cR STRA.KGE: okay . No cards 25 Page 23 we'll close the public hearing. Do we have a motion on this iteln? COf\.,1MISSIONER EAGLETON: So moved. COMMISSIONER STRANGE: I have a motion by Mr. Eagleton. Do we have a second? COMMISSIONER L YKE: second. COMMISSIONER STRANGE: We have a second by Dr. Lyke. Any discussion? Please, vote. And the vote -- the motion carries 7 -0. Page 24 PLANNING & ZONING REGULAR SESSION, JANUARY 10, 2007 Page 21 - Page 24 S :\Our Documents\Ordinances\07\A06-0006.doc ORDINANCE NO: AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXllvIATELY 18~27 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED IN THE NORTHWESTERN AREA OF THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION (ETJ); GENERALLY LOCATED NORTH OF US 380 WEST OF MASCH BRANCH ROAD AND LEGALLY DESCRIBED AS BLOCK 1, LOT 1 OF THE MARRIOTT GARDEN ADDITION, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A06-0006) WHEREAS, pursuant to Section 43.061 of the Texas Local Government Code, home rule cities are authorized to annex areas that are not required to be in an annexation plan; and WHEREAS, on or about January 10, 2007, the Planning and Zoning Commission recommended approval of the annexation of the property legally described in the caption above; and WHEREAS, the City Council finds that the Property contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; and WHEREAS, this annexation is voluntary and is being made under Subchapter C-I of Chapter 43 of the Texas Local Government Code; and WHEREAS, the City Council finds that any areas caused to be entirely surrounded by, but not included within, the City of Denton, Texas as a result of this annexation, are so surrounded in the public interest; and WHEREAS, the City Council finds that all required notices were given in the time and manner required by law; and WHEREAS, public hearings before the City Council were held in the Council Chambers on January 9, 2007, and January 23, 2007, (both days being on or after the 20th day but before the 40th day of the date of the institution of the proceedings) to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council February 13, 2007; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on February 25, 2007, after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; and WHEREAS, the City Council finds that the annexation will allow the City to ensure development consistent with The Denton Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance, and all other findings legally necessary to support annexation, are incorporated herein by reference. SECTION 2. The Property is hereby annexed to the City of Denton, Texas, and, pursuant to ~35.16.8~G of the Denton Development Code, will be subject to the zoning standards associated with the zoning classification and use designation RD-5, until such time as the Property is initially zoned. SECTION 3~ The service plan, a copy of which is attached hereto and made a part hereof by reference as Exhibit "A" (the "Service Plan"), which provides for the extension of municipal services to the Property, is approved as part of this ordinance~ The Service Plan was made available for public inspection and explanation to the inhabitants of the area being annexed at the above described public hearings. SECTION 4~ Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all portions of the Property lawfully annexed regardless of whether any other part of the Property is declared not to be lawfully alll1exed into the City. If any part of the Property is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were expressly described in this ordinance. SECTION 5: This ordinance shall become effective immediately upon its passage and approvaL PASSED AND APPROVED this the _ day of , 2007. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ED:~~~~:~1F{5RNEY (-_._~-- /.. BY~ ..._..~..r__.r-~.-'.. .------- . . -'-"':. . ...~_..~". ~ __ . ...~"i ,_.c ...........~~ ... r~r./~ /../ ( -~---_.. .'" ~. ,- .....'. / ~ ~... ......~-~~' / -~ ~--- ./ EXHIBIT A CITY OF DENTON SERVICE PLAN FOR A06-0006 - Marriot Garden Addition, Lot 1 I. AREA ANNEXED The annexation area is located in the northwestern portion of Denton's Extraterritorial Jurisdiction and contains approximately 18.27 acres of land generally located at the northwest comer of Hampton Rd and Masch Branch Road intersection and legally described as Blockl, Lot 1 of the Marriott Garden Addition. 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)-(o) (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, 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. 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 5 minutes from stations #3 and/or #5. 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. The Code Enforcement Unit, in the Parks and Recreation Department's Neighborhood Services Division, will provide enforcement of City codes to the property upon the effective date of the annexation. 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. a1ll1exation 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 Regional Mixed Use 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 City Ordinance requires Solid Waste services for all residences and commercial businesses located in the City~ The City of Denton Solid Waste 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~ To receive solid waste collection service, the customer must contact the City of Denton Customer Service Office, 940-349-8787, and submit a request/application for service. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Service prior to receiving service. Residential Solid Waste 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.ffi.. 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~ Weekly yard waste service is provided~ Weekly bulky item collection service is provided. Weekly curbside recycling services are provided by Trinity Waste Services~ Contact Trinity at .}-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. 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 subj ect to code enforcement regulations, including potential fines~ Landfill Service The City of Denton Solid Waste 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. WaterlWastewater Facilities Water and wastewater utilities are currently being provided to this property.. The City will 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 a1ll1exation. The City will 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 u.se, 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~ No construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 Y2) 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 (1 0) 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)~ It Li!J ~ z. Ga u ~ ta' ~ " iiJ. * Location Map o Feet o 250 500 1,000