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HomeMy WebLinkAboutJune 12, 2007 Agenda AGENDA CITY OF DENTON CITY COUNCIL June 12, 2007 After determining that a quorum is present, the City Council of the City of Denton, Texas will nd convene in 2 Tuesday Session on Tuesday, June 12, 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: nd NOTE: A 2 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, nd City Council deliberation and formal City action. At a 2 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 Council or City Manager to participate in the session. Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the nd session is being closed to public input. Although 2 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.Discuss the nomination process for the City’s Boards and Commissions. Following the completion of the Work Session, the City Council will also convene in a Special Called Meeting to consider the following: 1.Hold the first of two public hearings to consider the voluntary annexation and service plan for two sites. The first site is approximately 7.85 acres and the second site is approximately 1.54 acres, totaling approximately 9.39 acres. The sites to be annexed are generally located on the north side of Spencer Road between Woodrow Lane and Brinker Road. The sites are within a tract of land legally described as Municipal utility Addition, Lot 1, Block 2.(A07-0002, Denton Municipal Electric Spencer Complex Annexation) 2.Hold the first of two public hearings to consider the voluntary annexation and service plan for approximately 127.9662 acres. The property to be annexed is generally located in the northwestern area of the City of Denton’s Extraterritorial Jurisdiction (ETJ) at the northwest corner of I-35N and the future Loop 288 extension. (A07-0001, Westview Commercial Annexation) 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. 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 June 12, 2007 Page 2 1.Closed Meeting: A.Deliberations regarding certain Public Power Utilities: Competitive Matters – Under TEXAS GOVERNMENT CODE Section 551.086. 1.Receive a briefing and information pertaining to certain competitive electric matters including, without limitation: present and future maintenance issues, financial issues, operational issues, reliability issues, and any related issues concerning the City’s interest in, and its business relationship with TMPA; and discuss, deliberate, consider, and provide Staff with direction regarding such matters. B.Consultation with Attorney – Under Texas Government Code Section 551.071 1.Consultation with the City’s attorneys regarding legal issues, including defense of pending litigation filed by JNC Denton Partners, LLC, associated with annexation of real property in the City’s northern ETJ, under annexation case no. A05-0002, along with other legal issues related to the annexation, zoning, land use and subdivision controls, plat applications, annexation plans, development agreements, settlement, annexation agreements, service plans, utility service, and legal issues relating to the creation of special districts in the ETJ requested by JNC and White Cake Denton, L.P. A public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas or would jeopardize the City’s legal position in any administrative proceedings or potential litigation. C.Consultation with Attorney – Under TEXAS GOVERNMENT CODE Section 551.071 and Deliberations regarding Real Property – Under TEXAS GOVERNMENT CODE Section 551.072. 1.Deliberations regarding value and purchase of Real Property located in downtown Denton including advice from City Attorney regarding legal issues related thereto, and legal advice from the City Attorney related to the sale of City property. 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 Section 551.086 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 Texas Government Code, Section 551.001, 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 §551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Agenda June 12, 2007 Page 3 C E R T I F I C A T E 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: June 12, 2007 DEPARTMENT: City Manager’s Office CM: George Campbell, City Manager SUBJECT Discuss the nomination process for the City’s Boards and Commissions. BACKGROUND Following the procedures established by the City Council for board/commission appointments, the attached timeline has been prepared for council consideration. The proposed timeline provides for a streamlined nomination process for Council allowing for a specific meeting to discuss nominations rather than at the end of regular meetings. Board and Commission notebooks will be distributed with Friday packets on June 22nd. Council will then have three weeks to contact individuals being considered for nomination to a board or commission. Council is asked to provide the City Secretary the names and addresses of those individuals they wish to nominate during this time. th A compiled list of nominations will be provided at the Work Session on July 17 for Council to th discuss with ratification of the nominations during the Regular Session on July 17. The Board and Commission reception will be August 7th with the swearing in ceremony being televised. Respectfully submitted: Jennifer Walters City Secretary S:\Boards & Comm\AIS Timeline Meeting 2007.docx ÐÎÑÐÑÍÛÜÌ×ÓÛÔ×ÒÛ ÞÑßÎÜÍßÒÜÝÑÓÓ×ÍÍ×ÑÒÍÒÑÓ×ÒßÌ×ÑÒÍñßÐÐÑ×ÒÌÓÛÒÌÍ ÜßÌÛßÝÌ×ÑÒ AGENDA INFORMATION SHEET AGENDA DATE: June 12, 2007 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT A07-0002(Denton Municipal Electric Spencer Complex Annexation) Hold the first of two public hearings to consider the voluntary annexation and service plan for two sites. The first site is approximately 7.85 acres and the second site is approximately 1.54 acres, totaling approximately 9.39 acres. The sites to be annexed are generally located on the north side of Spencer Road between Woodrow Lane and Brinker Road (see Exhibit 1). The sites are within a tract of land legally described as Municipal Utility Addition, Lot 1, Block 2. BACKGROUND Applicant: City of Denton Denton, TX A voluntary annexation proceeding is being considered by the City of Denton for portion of the Denton Municipal Electric Spencer Complex property and associated right-of-way. The ownership of the property is City of Denton. The subject sites are currently developed as the Denton Municipal Electric Utility Operation facility (see Exhibit 1). The proposed annexation is being initiated by Denton Municipal Electric. The following items summarize the proposed annexation and important actions taken: On April 27, 2007, staff received direction from the City Council to pursue voluntary annexation proceedings for two sites. The first site is approximately 7.85 acres and the second site is approximately 1.54 acres, totaling approximately 9.39 acres. The two sites are within a tract of land legally described as Municipal Utility Addition, Lot 1, Block 2. The two sites proposed for annexation are 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 land use designation. The annexation is scheduled for completion on September 11, 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 sites are within a platted lot; however, any subsequent subdivision or reconfiguration of the subject sites will be subject to the City’s subdivision regulations. Incorporation of this site into the City would not require additional properties. OPTIONS 1. Proceed with the annexation. 2. Amend the land area proposed for annexation. 3. Amend the Service Plan. 4. Discontinue annexation. RECOMMENDATION Staff recommends that the first public hearing for A07-0002 is held as scheduled, and pending comments received determine if additional information is needed. Staff recommends that the public hearings proceed as scheduled, finding that the need to manage and coordinate development in an orderly manner is a significant city objective that the City of Denton will pursue. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review 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 Schedule Summary 3.Service Plan 4.Service Area Analysis Respectfully submitted: Brian Lockley, AICP Interim Director of Planning and Development Prepared by: ____________________________ Ron Menguita Planner III EXHIBIT 1 LOCATION MAP EXHIBIT 2 ANNEXATION SCHEDULE SUMMARY Denton Municipal Electric Spencer Complex Potential Annexation st Notices to Intent to Annex (30 day prior to 1 PH) will be sent on May 4, 2007. nd 6/12/07 Tuesday,City Council conducts first public hearing. (2 Tuesday Session) Public notice must be no less than 10 days and no more than 20 days before public hearing. Annexation Study prepared and available for public review. Service Plan prepared and available for public review. 6/19/07 Tuesday,City Council conducts second public hearing. Public notice must be no less than 10 days and no more than 20 days before public hearing. 6/27/07 Wednesday, Planning and Zoning Commission public hearings –make a recommendation to City Council regarding the proposed annexation and rezoning request. 7/17/07 Tuesday, City Council by a four-fifths vote institutes annexation proceedings. 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. 7/29/07 Sunday,Ordinance published The ordinance cannot be acted upon until at least 30 days after publication. 9/11/07 Tuesday, City Council by a four-fifths vote takes final action. Second reading and adoption of the annexation ordinance. City Council considers adoption of zoning request. Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes st annexation proceedings (adopts ordinance on 1 reading). The second reading of the ordinance and zoning approval could be held any time between August 28, 2007 and October 15, 2007. Annexations must be rigidly coordinated in conjunction with the City Council public hearing schedule due to specific timing mandates established by Texas State Law. The Texas Local st Government Code requires that City Council institute annexation proceedings (1 Reading of the 20 days after the second City Council public hearing but less than 40 Ordinance) more than days from the first City Council public hearing. EXHIBIT 3 CITY OF DENTON SERVICE PLAN FOR A07-0002 Denton Municipal Electric Spencer Complex Annexation I.AREA ANNEXED The annexation area is located on the north side of Spencer Road between Woodrow Lane and Brinker Road. The parcels are within a tract of land legally described as Municipal Utility Addition, Lot 1, Block 2. 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(s) 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 3.5 minutes from future Station #2, located at 3309 E. McKinney Street. 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. The closest Denton Parks property to the proposed annexation area is Mack Park, approximately 1.5 miles away. 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 and recycling collection services will be provided to the newly annexed property immediately upon the effective date of the annexation. To receive solid waste or recycling 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. Commercial Refuse and Recycling Services 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 and recyclables types and volumes 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 refuse container with the lid closed will not be collected. Refuse placed outside the refuse container is subject to code enforcement regulations, including potential fines. Recyclables placed in a recycling container shall not be bagged. Container lids shall be kept closed at all times during periods of materials storage (when not placing materials in the container). 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 There are water and wastewater facilities in the area to be annexed. 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 ½) 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 A07-0002 Denton Municipal Electric Spencer Complex Annexation The Planning and Development Department has received a request for annexation of two parcels, approximately 9.36 acres, located on the north side of Spencer Road between Woodrow Lane and Brinker Road. The parcels are within a tract of land legally described as Municipal Utility Addition, Lot 1, Block 2. Size: 9.39 acres Location: North side of Spencer Road between Woodrow Lane and Brinker Road Proposed use: Basic Utility Proposed zoning: Employment Center Commercial (EC-C) 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 existing arterial and collector roads. This property is located on the north side of Spencer Road between Woodrow Lane and Brinker Road. Spencer Road is classified as a Collector Road on the City’s Mobility Plan. Future Land Uses. The proposed annexation area is within the Employment Centers land use designation. Existing land uses: The subject property is currently developed as a Municipal Electric Utility Operation facility. Prominent natural features: The Environmentally Sensitive Areas (ESA) map shows that this property is not within an ESA or within a floodplain. Proximity to other service providers: The two within a tract of land owned by the City of Denton. The tract of land is currently use as a Municipal Electric Utility Operation facility. There are various water and sewer lines that transect the subject parcels. 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 May 18, 2007 Planning and Development Department by , and call (940)349-8328 if there are any questions. SERVICE AREA ANALYSIS A07-0002 Denton Municipal Electric Spencer Complex Annexation Fire 1. Fire and Emergency Medical Services can be provided to the area from station(s) 23309 E. McKinney Street #, located at . 3.5 2. Estimated response time. minutes 3.5 3. Appropriate response time in the City. minutes NO 4. Is a new fire station approved in the CIP that could serve this area? If yes, what is the CIP program year? _____ NO 5. Will a new fire station be requested in upcoming CIP proposals to serve this area? If yes, when should this station be operational? _____ 6. Total estimated funding for equipment, employees and/or facilities needed to serve this N/A area strictly based on annexation and proposed development. 7. Please comment on the cumulative impact of annexation and development. N/A At what population level would another fire station facility be required? Is there an accepted facility/equipment to population ratio that can be used for planning N/A purposes? Is there an accepted fire fighter to population ratio that can be used for planning N/A purposes? NONE Additional Comments: Rick Jones, (940) 349-8860 May 17, 2007 _______________________________ _______________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0002 Denton Municipal Electric Spencer Complex Annexation 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 Mack Park, 1.5 miles. Since this area is an industrial-government area, no residential currently exist or most likely ever will due to the municipal facilities on the property. 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 The 2000 Denton Park and Recreation Master Plan does not indicate a standards? need for a Community Park in the general area of the proposed annexation. 2.5 (to be dedicated at time of development) Neighborhood Parks: acres per 1,000 population 5 acres minimum size. (by developer) cost per acre. Recreation Center: _____square feet per 1,000 population. _____square feet minimum size. _____cost per square foot. Other facilities 3 Community Parks: acres per 1,000 population. 30 acres minimum. _____ cost per square foot. 3. How much additional funding will be needed for maintenance if additional park facilities NONE are developed to serve this area? Based on $3,454 (developed) cost per acre _____ cost per square foot 4. How many additional personnel would be needed to properly serve this area if annexed NONE and developed? _____ additional personnel per 1,000 population; _____ additional personnel per 1,000 square feet of facility; or _____ additional personnel per acre of park. 5. Service Standards: 0.5 to 0.7 FTE(depending on type of service) additional personnel per 1,000 population $38,000 per year cost per additional personnel NONE Additional Comments: Bob Tickner, (940) 349-8275 May 25, 2007 _______________________________ ___________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0002 Denton Municipal Electric Spencer Complex Annexation Police 1. Estimated average response time for this area based on current department conditions: Priority _____ minutes Non-priority _____ minutes Average _____ minutes 2. Appropriate average response time in the city based on current department conditions: Priority _____ minutes Non-priority _____ minutes Average _____ 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? _____ 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? _____ 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? _____ As of this writing, Planning has not received a response from Additional Comments: Police. As soon as information is received, it will be included in the Service Area Analysis. ________________________________ _____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0002 Denton Municipal Electric Spencer Complex Annexation Library 1. Estimated additional funding needed strictly based on proposed annexation and $0.00 development. Since this 2. Please comment on the cumulative impact of annexation and development. site is not planned for residential development, the annexation and development of the DME Spencer Complex will not have a negative impact on library services. 131,738 3. At what population level would another library facility be required? 4. Is there an accepted circulation to population ratio that can be used for planning YES; 8.7 is the national 2006 annual circulation per capita mean or purposes? average for the legal service area population served by the Denton Public Library. 5. Is there an accepted employee to population ratio that can be used for planning YES; 1FTE per 2,712 population purposes? 6. If annexed, can anticipated service demands be met using existing materials, facilities, YES and personnel? 7. If not, how many additional employees and what type of facilities and materials will be N/A needed to provide services? This annexation will not impact the current level of library Additional Comments: services. Eva Poole, (940) 349-8750 May 18, 2007 _______________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0002 Denton Municipal Electric Spencer Complex Annexation Solid Waste 1. Is residential solid waste service available to the proposed area for annexation? Residential service has not been requested. The area is developed as an electric utility operations facility, receiving commercial service. 2. Is commercial solid waste service available to the proposed area for annexation? Commercial service is currently being provided. 3. What is the estimated cost to provide this area with solid waste service? Incremental customer costs Equipment and Maintenance. Incremental customer costs Personnel. 4. What is the typical revenue collected per: N/A Household. Based on level of service Commercial Business 5. Will additional equipment be needed to serve this area if annexed or developed? N/A Type of Equipment. N/A Cost of Equipment. 6. Will additional employees be needed to serve this area if annexed or developed? N/A Type of Employees. N/A Number of Employees. 7. 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 NO purposes? Is there an accepted employee to population ratio that can be used for planning NO purposes? NONE Additional Comments: Scott Lebsack, (940) 349-8069 May 18, 2007 ________________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0002 Denton Municipal Electric Spencer Complex Annexation Electric Utilities 1. What is the distance to, location of, and size of the nearest City of Denton electric line? _____ 2. What type of lines and facilities would be required to serve this area? _____ 3. Are any new lines or facilities proposed for construction to serve this area? _____ 4. Are there any potential responsibilities if this area is annexed? _____ 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? _____ Our obligation to provide electric service if it is requested is tied Additional Comments: to the Certificate of Convenience and Necessity (CCN) issued to DME by the Public Utilities Commission of Texas. Our authorized CCN does not correspond with the city limits. It includes most, but not all, of the present city limits and quite a bit of area outside the present city limits. If someone requests us to provide electric service anywhere within our CCN, we must provide that service, regardless of whether the facility is located within or outside the city limits. Therefore there is never any impact on DME from an annexation. Sharon Mays, (940) 349-8487 May 7, 2007 ________________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0002 Denton Municipal Electric Spencer Complex Annexation Water/Wastewater 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? 12-inch Size of sewer line. Along access road to the Water Plant Location of sewer line. Within the annexation area 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 _____ _____ _____ None Sewer lines _____ _____ YES, 12 inch 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? _____ Since the property in question has been served water for years Additional Comments: and will add no new population, I have no comments to provide. Tim Fisher, Assistant Director Water,(940) 349-7190 May 4, 2007 P. S. Arora, Assistant Director Wastewater,(940) 349-7189 May 18, 2007 ________________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0002 Denton Municipal Electric Spencer Complex Annexation Engineering 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 Type of Improvement Approximate Cost Spencer Road No improvements, however ROW will be required if not already dedicated 2. Are any of these improvements presently scheduled to be done at state or federal NO expense?If yes, please identify facility and anticipated date improvements will begin. _____ 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 NO and development? If yes, what type of equipment or facility? _____ 5. Please comment on the cumulative impact of annexation and development. NONE At what population level would additional equipment be required? Is there an accepted equipment to population ratio that can be used for planning NO purposes? Is there an accepted employee to population ratio that can be used for planning NO purposes? As of this writing, Planning has not received a response from Additional Comments: Drainage. As soon as information is received, it will be included in the Service Area Analysis. Bud Vokoun, (940) 349-7710 May 7, 2007 ________________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0002 Denton Municipal Electric Spencer Complex Annexation Denton Independent School District 1. Education services are currently provided by: _____ 2. If annexed, can anticipated service demands be met using existing materials, facilities and personnel? 3. If not, how many additional employees and what type of facilities and materials will be needed to provide services? 4. Estimate additional funding needed strictly based on proposed annexation and development. 5. Will projected school taxes from this development provide that additional funding? 6. Please comment on the cumulative impact of annexation and development. 7. At what population level would other school facilities be required for the City of Denton? 8. Is there an acceptable employee to population ratio that can be used for planning purposes? As of this writing, Planning has not received a response from Additional Comments: Denton 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 AGENDA INFORMATION SHEET AGENDA DATE: June 12, 2007 DEPARTMENT: Planning and Development ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT A07-0001(Westview Commercial Annexation) Hold the first of two public hearings to consider the voluntary annexation and service plan for approximately 127.9662 acres. The property to be annexed is generally located in the northwestern area of the City of Denton’s Extraterritorial Jurisdiction (ETJ) at the northwest corner of I-35N and the future Loop 288 extension. The parcel is legally described as a tract of land situated in the BBB & CRR Survey, Abstract No. 0141A, Denton County, Texas, and a tract of land situated in the Whitlock Survey, Abstract No. A1403A, Denton County, Texas. BACKGROUND Applicant: Spring Brook Planning Group Grapevine, TX A voluntary annexation proceeding is being considered by the City of Denton for the Westview Commercial property and associated right-of-way. The ownership of the property is Westview Commercial LP. The subject property is currently undeveloped (see Exhibit 1) except for the development of one gas well site. The proposed annexation is being initiated by the applicant, Spring Brook Planning Group, on behalf of the property owner. The following items summarize the proposed annexation and important actions taken: On Friday, April 27, 2007, The City Council was informed (reading file) of the request for the voluntary annexation proceedings for approximately 127.9662 acres legally described as a tract of land situated in the BBB & CRR Survey, Abstract No. 0141A, Denton County, Texas, and a tract of land situated in the Whitlock Survey, Abstract No. A1403A, Denton County, Texas. 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 a Regional Mixed Use Centers land use designation. The annexation is scheduled for completion on September 11, 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 not platted; any subsequent subdivision or reconfiguration of the subject site 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 Development Review Committee recommends that the first public hearing for A07-0001 is held as scheduled. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review 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 Respectfully submitted: Brian Lockley, AICP Interim Director of Planning and Development Prepared by: Lori Shelton, AICP Planner II EXHIBIT 1 Location Map N EXHIBIT 2 ANNEXATION SCHEDULE SUMMARY Denton Municipal Electric Spencer Complex Potential Annexation st Notices to Intent to Annex (30 day prior to 1 PH) will be sent on May 4, 2007. nd 6/12/07 Tuesday,City Council conducts first public hearing. (2 Tuesday Session) Public notice must be no less than 10 days and no more than 20 days before public hearing. Annexation Study prepared and available for public review. Service Plan prepared and available for public review. 6/19/07 Tuesday,City Council conducts second public hearing. Public notice must be no less than 10 days and no more than 20 days before public hearing. Wednesday,6/27/07 Planning and Zoning Commission public hearings –make a recommendation to City Council regarding the proposed annexation and rezoning request. 7/17/07 Tuesday, City Council by a four-fifths vote institutes annexation proceedings. 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. 7/29/07 Sunday,Ordinance published The ordinance cannot be acted upon until at least 30 days after publication. 9/11/07 Tuesday, City Council by a four-fifths vote takes final action. Second reading and adoption of the annexation ordinance. City Council considers adoption of zoning request. Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes st annexation proceedings (adopts ordinance on 1 reading). The second reading of the ordinance and zoning approval could be held any time between August 28, 2007 and October 15, 2007. Annexations must be rigidly coordinated in conjunction with the City Council public hearing schedule due to specific timing mandates established by Texas State Law. The Texas Local st Government Code requires that City Council institute annexation proceedings (1 Reading of the 20 days after the second City Council public hearing but less than 40 Ordinance) more than days from the first City Council public hearing. EXHIBIT 3 EXHIBIT 4 ANNEXATION REQUEST SERVICE AREA ANALYSIS A07-0001 – Westview Commercial The Planning and Development Department has received a request for annexation of approximately 127.9662 acres generally located on the west side of I-35N at the proposed extension of Loop 288. Size: 127.9662 acres Location: West of Interstate 35 North at Loop 288 Proposed use: Commercial Development Proposed zoning: Regional Center Commercial Downtown (RCC-D) 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 existing arterial and collector roads. This property is located on the west side of I35N at the proposed extension of Loop 288. The proposed Loop 288 extension will make up the southern boundary of the site. Both the proposed Loop 288 extension and I35N are designated on the Denton Mobility Plan as Freeways. Future Land Uses. The proposed annexation area is within the Regional Mixed Use Centers land use designation. Existing land uses: The subject property is primarily undeveloped and has one gas well site. Prominent natural features: The Environmentally Sensitive Areas (ESA) map shows protected stream buffers located on the subject site. Proximity to other service providers: Based on the current data, there is no sewer line in close proximity to the subject property. There is a 16 inch water line that runs along the northern boundary of the property and a 16 inch water line that runs along I-35 North to the east of the property. SERVICE AREA ANALYSIS A07-0001 – Westview Commercial FIRE 1.Fire and Emergency Medical Services can be provided to the area from station(s) # - ___5__, located at_2230 W. Windsor____. 2.Estimated response time. __3.5___ 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: Rick Jones, Fire Marshal Person to contact if there are questions Date 5/17/2007 SERVICE AREA ANALYSIS A07-0001 - Westview Commercial 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 are North Lakes Park, 1.5 miles, Northpointe Park, 2.2 miles, McKenna Park, 2.75 miles, Airport Open Space Park, 3,6 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: 2.5 acres per 1,000 population (to be dedicated at time of development) 5 acres minimum size. (by developer) cost per acre. Community Parks: 3.0 acres per 1,000 population 30 acres minimum 3.How much additional funding will be needed for maintenance if additional park facilities None are developed to serve this area? 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 None and developed? 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: Person to contact if there are questions Date: 5-4-07 Bob Tickner, Superintendent of Park Planning and Development, 940-349-8275 SERVICE AREA ANALYSIS A07-0001 - Westview Commercial 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 06/05/2007 ________________________________ _____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0001 - Westview Commercial 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 of Westview Commercial will not have a 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; 8.7 is the national 2006 annual circulation per capita mean or average for the legal service area population served by the Denton Public Library. 5.Is there an accepted employee to population ratio that can be used for planning purposes? Yes; 1 FTE per 2,712 population 6.If annexed, can anticipated service demands be met using existing materials, facilities, and personnel? Yes, as this annexation is designated as commercial. 7.If not, how many additional employees and what type of facilities and materials will be needed to provide services? N/A Additional Comments: This commercial annexation will not impact the current level of library services. Eva Poole, Director of Libraries May 18, 2007 Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0001 - Westview Commercial 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. Incremental Service Cost Personnel. Incremental Service Cost 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? Type of Equipment. No Cost of Equipment. No 6.Will additional employees be needed to serve this area if annexed or developed? Type of Employees. No Number of Employees. 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: S. Lebsack, 940-349-8069 5/10/07 ________________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0001 - Westview Commercial Electric Utilities 1.What is the distance to, location of, and size of the nearest City of Denton electric line? The nearest electric line is a single-phase primary line providing electric service to the water storage tank. 2.What type of lines and facilities would be required to serve this area? Three phase primary electric lines would be required to provide electric service to this area._____ 3.Are any new lines or facilities proposed for construction to serve this area? No 4.Are there any potential responsibilities if this area is annexed? NO 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: Don McLaughlin (940) 349-7119___ May 17, 2007 Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0001 - Westview Commercial Wastewater 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. 10-inch_____ Location of sewer line. __800 feet north of north boundary of proposed annexation area, and 800 feet west of IH35 ROW___ Distance from proposed annexation. 800 feet_____ 3.According to the City of Denton master plan what type of lines and facilities would be required for this area and when are those lines and facilities proposed for construction. Size Year Location Water lines _____ _____ _____ Sewer lines _None included in the Master Plan____ _____ _____ 4.Are there any City of Denton lines included in the proposed annexation? __No___ 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: P. S. Arora, Assistant Director Wastewater May 18, 2007 Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0001 - Westview Commercial Water 1.What is the nearest City of Denton water line? Along north side of property along FM 1173 and the east side of property along I 35 Service Road. a.Size of water line. 16 inch b.Location of water line. see above c.Distance from proposed annexation. see above_ 2.What is the nearest City of Denton sewer line? a.Size of sewer line. _____ b.Location of sewer line. _____ c.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. i.Size Year Location b.Water lines 20 inch Along Loop 288 c.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 a.At what population level would additional equipment be required? _____ b.Is there an accepted equipment to population ratio that can be used for planning purposes? One crew per 18,750 Population c.Is there an accepted employee to population ratio that can be used for planning purposes? One FTE per 5,000 Population Additional Comments: The proposed line extension along the ROW extension of Loop 288 will be required by the developer at the time of platting of the property. Tim Fisher, Assistant Director of Water Utilities May 4, 2007 Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0001 - Westview Commercial Engineering 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 Type of Improvement Approximate Cost 2.Are any of these improvements presently scheduled to be done at state or federal expense? _____ If yes, please identify facility and anticipated date improvements will begin. _____ 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? _____. 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? _____ 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? _____ As of this writing, Planning has not received a response from Additional Comments: Engineering and Transportation. As soon as information is received, it will be included in the Service Area Analysis. ________________________________ ____________ Person to contact if there are questions Date SERVICE AREA ANALYSIS A07-0001 - Westview Commercial Denton Independent School District 1.Education services are currently provided by: _____ 2.If annexed, can anticipated service demands be met using existing materials, facilities and personnel? 3.If not, how many additional employees and what type of facilities and materials will be needed to provide services? 4.Estimate additional funding needed strictly based on proposed annexation and development. 5.Will projected school taxes from this development provide that additional funding? 6.Please comment on the cumulative impact of annexation and development. 7.At what population level would other school facilities be required for the City of Denton? 8.Is there an acceptable employee to population ratio that can be used for planning purposes? As of this writing, Planning has not received a response from Denton Additional Comments: 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