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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1604,Version:1 AGENDA CAPTION Receive a report, hold a discussion and give staff direction regarding the 2018-19 Audit Plan. City of DentonPage 1 of 1Printed on 9/21/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Internal Audit DCM: Bryan Langley DATE: September 25, 2018 SUBJECT Receive a report, hold a discussion and give staff direction regarding the 2018-19 Internal Audit Plan. BACKGROUND s charged with the responsibility of conducting audits to assess a variety of risks; including internal controls weaknesses, inefficiencies in City operations, ineffectiveness of City programs, and non-compliance with laws, regulations and policies. An Annual Audit Plan for 2018-19 was presented to the Audit and Finance Committee to establish workload advised that the 2018-19 Internal Audit Plan should be presented to the City Council for discussion and direction. RECOMMENDATION Approval of the proposed audit plan is recommended. PRIOR ACTION/REVIEW (Council, Boards, Commissions) September 18, 2018 - The 2018-19 Internal Audit Plan was presented to the Audit/Finance Committee. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence Related Goal: 1.1 Manage financial resources in a responsible manner EXHIBITS 1. Agenda Information Sheet 2. 2018-19 Internal Audit Plan Respectfully submitted: Umesh Dalal, 349-8158 City Auditor EXHIBIT 2 Proposed Internal Audit Plan for FY 2018-19 Description Objectives Estimated Hours 1. Economic Development 1. To evaluate process and strategy to pursue (This is a significantly important function for the City. Economic Development, Attracting major businesses to the City generates 2. Determine adequacy and economic impact, additional jobs and contributes to effectiveness of controls, 350 welfare of the City.) and 3. Verify compliance with laws, policies, and regulations. 2. Accounts Payable Determine adequacy and effectiveness of controls. (The City processes over $300 million through the 350 Accounts payable process. Having effective internal controls over this process is critical.) 3. Procurement Determine adequacy and effectiveness of controls. (The City processes over $300 million through the 350 Procurement process. Having effective internal controls over this process is critical.) 4. Capital Project Administration and Compliance on 1. Determine adequacy Selected Project and effectiveness of controls, (The City has budgeted $500 million for Capital Projects. 2. Verify compliance with 300 This process requires working with several regulations laws, policies, and and policies. Magnitude of amount committed to each regulations., and project requires existence of proper controls.) 3. Evaluate efficiencies of process. 5. Roadway Quality Management 1. Determine adequacy and effectiveness of (Roadways represent a significant infrastructure asset. controls, Proper maintenance and replacement of this asset is 2. Verify compliance with laws, policies, and untimely maintenance could result in exponential regulations, and 350 additional costs for the City to rectify the damage 3. Evaluate efficiencies of occurred.) process. Description Objective Estimated Hours 6. Utility Cuts Audit 1. Determine adequacy and effectiveness of (Utilities need to dig roadways for installing their controls, and infrastructure. If the repairs to roadways is not 2. Verify compliance with 250 performed adequately, it impacts quality of roadways.) laws, policies, and regulations. 7. Water Loss Audit Determine adequacy and effectiveness of controls. (Water Department could lose substantial quantity of water they produce during distribution process. This 200 loss could be attributed to water leaks or faulty meters. There are methodologies established by American Water Works Association to perform this audit.) 8. DME Energy Management Office Effectiveness Determine adequacy and effectiveness of controls. (Energy Management Office trades electricity. Several City Council members have shown concerns with this 300 operation. Since several million dollars in trades are made in this office, evaluation of the risks involved and adequacy of controls is necessary.) 9. Police Property Room 1. Determine adequacy and effectiveness of (This operation stores evidence, confiscated drugs, cash, controls. guns and other properties. Due to the nature of 2. Verify compliance with 250 properties stored and the significance of their value for laws, policies, and underlying cases, having proper controls in place is regulations. critical.) 10. Police Overtime Determine adequacy and effectiveness of controls. (The Police Department spends an estimated $1.5 million annually on overtime. This audit will review 350 internal controls and efficiency of managing Police overtime) 11. Ethics Board Support Administrative Support (City Auditor is charged by the Ethics Ordinance to 200 provide administrative support to the Ethics Board.) 12. Fraud, Waste, and Abuse Cases Investigations (The City Auditor is responsible for investigating 250 complaints received on fraud, waste, and abuse hotline.) Additional options if the City Council Does not accept any of the above audits: Description Objectives Estimated Hours 1 Payroll Administration Evaluate internal controls 350 including compliance with (FY 2018-19 budgeted personnel services total $166 policies, procedures, and million. These expenditures are processed through the laws. 2 Grants Management Evaluate internal controls 300 including compliance with (The City received $125 million in grants from State and policies, procedures, and Federal governments. Compliance with grant conditions laws. is critical for continuing this revenue source.) 3 Franchise Fees Audit Compliance with City 350 Ordinance. $17.8 million for FY 2018-19. This revenue is governed by the relevant City ordinance.) 4 Risk Management Audit Evaluation of effectiveness 350 of the function. City is properly protected from unforeseen risks. Having effective risk management is essential to prevent future losses.) City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1605,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding the potential reestablishment of a Committee on People with Disabilities. City of DentonPage 1 of 1Printed on 9/21/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: City Manager’s Office ACM: Mario Canizares DATE: September 25, 2018 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the potential reestablishment of a Committee on People with Disabilities. BACKGROUND Based on staff research, a Committee on People with Disabilities currently exists within the City of Denton. In 2007, John Bramblitt, a local advocate for people with disabilities, connected with like-minded individuals employed at the University of North Texas (UNT), Texas Woman’s University (TWU), Denton County, the City of Denton, and several non-profit agencies. After several organizational meetings, the group advocated to then Denton Mayor, Perry McNeill, about creating a committee for persons with disabilities. The City Council endorsed the Mayor’s Committee on People with Disabilities through the passage of Resolution No. 2007-030. The Committee was an affiliate of the Texas Governor’s Committee on People with Disabilities. The Committee was comprised of interested community members and was not a group appointed by the Mayor or the City Council. At that time, City staff members Barbara Ross and Gordon Meredith were assigned as the liaisons to the Committee. The Committee’s main principals were comprised of 8-10 individuals that met on a regular basis. The group of interested individuals grew to about 40+ people and the need for more organization became evident. As a result, Committee adopted bylaws which included six objectives: Promote better public and employer understanding concerning needs and contributions of persons with disabilities; Promote increased employment of workers with disabilities on a year-round basis; Encourage retention and advancement of those workers presently employed; Develop better understanding by persons with disabilities of services available to them; Encourage persons with disabilities to use these services; Remove all architectural barriers; and Promote participation in community life by people with disabilities. The Committee was very active and sponsored White Cane Day which is an annual event that educates the public about contributions made by the blind and visually impaired. The Committee also worked closely with DCTA personnel to discuss public transportation issues affecting disabled individuals. The Committee last met in October 2014, and no additional meetings have been scheduled over the past four years. DISCUSSION: There are a number of City projects that could be of interest for those advocating for disabled individuals. These projects include: Construction of new sidewalks, ramps, and crosswalk features ; Replacing and repairing existing sidewalks, ramps, and crosswalk features; The creation of an ADA Transition Plan ; The planning and development of an adaptive/handicap accessible park; Provide guidance on incorporating new or enhanced signage at the City facilities; Advise on improvements for new and existing City facilities; Provide input on parking lot rehabilitation projects; Provide input for improving City operations; and Provide input for improving the operations of other entities. Based on the number of capital projects and major programs that are being planned or are underway, staff is seeking direction from City Council as whether an advisory Committee on People with Disabilities should be reestablished to provide guidance to staff. Included as Exhibit 3 is a brief overview of research conducted on what local, regional, and national municipalities as well as the State of Texas are doing to enhance the quality of life for their disabled residents. Staff has identified the following option for the City Council to consider: 1.Take no action. This would utilize existing City Council appointed advisory boards and committees (i.e. Parks Board and Mobility Committee) to provide guidance on the above listed projects; 2.Re-constitute the Mayor’s Committee on People with Disabilities; Ќ͵Establish a new City Council appointed Committee on People with Disabilities; or Ѝ͵Consider an alternative option. RECOMMENDATION If the City Council determines that an advisory Committee on People with Disabilities is needed, staff recommends that the Committee members be appointed by City Council. This provides the necessary governance structure that is utilized by other City advisory boards. PRIOR ACTION/REVIEW An Informal Staff Report (ISR) was sent to the City Council on Friday, August 31, 2018. The ISR and Resolution 2007-030 is attached as Exhibit 3. STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Liveable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Promote superior City facilities Related Goal: EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: PowerPoint Presentation Exhibit 3: Research of other cities and entities Exhibit 4: Informal Staff Report 2018-112 and Resolution No. 2007-030 Respectfully submitted: Mario Canizares, Assistant City Manager Prepared by: Mario Canizares Assistant City Manager Date: August 31, 2018 Report No. 2018-112 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: A request was made by Council Member Armintor regarding the potential establishment of a Citizens Disabilities Committee. BACKGROUND: In the summer of 2007, John Bramblitt, a local advocate for people with disabilities, connected with individuals employed at the University of (TWU), Denton County, the City of Denton, and several non-profit agencies who were engaged with the issue of people with disabilities. After several organizational meetings, the group advocated then Denton Mayor, Perry McNeill, about creating a committee for persons with disabilities. The City Council passage of Resolution No. 2007-030. The Committee was an Committee on People with Disabilities. The Committee was comprised of interested resients, members were not appointed by the Mayor or the City Council. Barbara Ross and Gordon Meredith with the Community Development Division were assigned as the staff liaisons to the Committee. The Comm-10 individuals that met on a regular basis. The group grew to about 40+ people and the need for more organization became evident. As a result, the Committee adopted bylaws which comprised of seven objectives: Promote better public and employer understanding concerning needs and contributions of persons with disabilities Promote increased employment of workers with disabilities on a year-round basis Encourage retention and advancement of those workers presently employed Develop better understanding by persons with disabilities of services available to them Encourage persons with disabilities to use these services Remove all architectural barriers Promote participation in community life by persons with disabilities The Committee was very active and sponsored White Cane Day which is an annual event that educates the public about contributions made by the blind and visually impaired. The Committee also worked closely with DCTA personnel to discuss public transportation issues affecting disabled individuals. The Committee last met in October 2014, and no further meetings have been scheduled for nearly four years by the Chair or other Committee members. DISCUSSION: There are a number of current City projects that could be of interest for those advocating for disabled individuals. These projects include: Construction of new sidewalks and ramps Engineering/Capital Projects Replacing and repairing of existing sidewalks and ramps Engineering/Capital Projects The creation of an ADA Transition Plan Engineering/Capital Projects Date: August 31, 2018 Report No. 2018-112 The planning and development of an adaptive/handicap accessible park Parks Based on the number of projects and activities initiated and being planned, Staff is seeking direction from City Council as what group should be involved in evaluating the above listed projects. The following options are requested that the City Council consider: 1. Utilize existing City Council appointed Boards and Commissions (i.e. Parks Board and Mobility Committee) 2. Re- 3. Establish a new City Council appointed Committee on People with Disabilities 4. Consider an alternative option ATTACHMENT(S): 1. Resolution No. 2007-030 STAFF CONTACTS: Barbara Ross, Community Development Division Manager Mario Canizares, ACM City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1607,Version:1 AGENDA CAPTION Receive a report, hold discussion, and give staff direction regarding neighborhood traffic calming options in the City of Denton. City of DentonPage 1 of 1Printed on 9/21/2018 powered by Legistar™ City of Denton Hall City 215 E. McKinney Street Denton, Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT: Capital Projects CM/ DCM/ ACM: Mario Canizares DATE: September 25, 2018 SUBJECT Receive a report, hold discussion, and give staff direction regarding neighborhood traffic calming options in the City of Denton. BACKGROUND As the City of Denton continues to grow, the residential streets within neighborhoods continue to see a steady increase in traffic. This has resulted in an increased concern of traffic related issues such as speeding and cut-through traffic along neighborhood streets. City staff has been receiving an increased number of requests from residents to address these traffic concerns along street in several residential neighborhoods throughout the City. By addressing high speeds and cut-through volumes, traffic calming can increase both the real and perceived safety of pedestrians and bicyclists and improve the quality of life within the neighborhood. Because traffic calming measures have the potential to create controversy, their installation often occurs as the final step of a three-step process referred to as the Ðthree EÓsÑ (education, enforcement, and engineering). Education and Enforcement As part of the education and enforcement effort Police Department has increased emphasis on traffic concerns, especially as it relates to neighborhood speeding issues. City staff has started utilizing the SARA method (Scan, Analyze, Respond, Assess) on warranted traffic concerns. Not every speeding concern will rise to that level, but some of concerns will warrant a detail review. A neighborhood concern reviewed using the SARA profile, typically includes a speed study rd followed by 2 to 3 weeks of enforcement and then a follow-up speed study. Subsequently, a 3 speed study will be conducted after a two-month period to assess if the motorists have returned rd to the original speed. The goal of the 3study is to identify how long the behavioral changes (if any) last. Engineering The City follows the steps listed below for conducting a traffic calming study, once we receive a request from a resident and both education and enforcement has failed to address the concerns. ¤ Assessment of request and data collection ¤ Determination of eligibility Average Daily Traffic (ADT) Î 1000 ADT or 100 peak hour vehicles th Speed survey Î 85percentile speed > 5 mph above the speed limit Cut-through Î 40% more for peak hour or minimum 100 cut-through trips ¤ Traffic Calming Plan Development ¤ Neighborhood Meeting Î Approval of traffic calming concept ¤ Funding the Project ¤ Engineering Design and Construction ¤ Evaluation of Effectiveness th Based on the above process, if a project is not eligible for traffic calming (e.g. 85percentile speed on a particular street is less than the posted speed limit), then the remaining steps are not carried out and the citizen is notified. Use of Public Art A creative enhancement to traffic calming is the use of public art as a component of engineering solutions. While driving, motorists rely on physical and visual cues in and next to the roadway. Encountering unexpected public art in these spaces can cause drivers to slow down and consider their present location instead of their destination. Three common types of public art in traffic calming are three-dimensional art installed in roundabouts and medians, art applications to the street itself, and two-dimensional wall murals. The Public Art Committee has had initial discussions about integrating traffic calming public art into capital street projects, including the Mews Streets improvements, in Denton. Capital Projects and Economic Development will work together with the Public Art Committee and City Council to determine cost-effective, low- maintenance ways to add public art to upcoming capital projects. Next Steps Staff will begin working with the Public Communications Office (PCO) to develop a Traffic Calming Handbook (TCH) that will provide additional details and design specifications for the commonly used traffic calming measures. Once completed the TCH will be presented to the Traffic Safety Committee and subsequently to the City Council. STRATEGIC PLAN RELATIONSHIP The City of DentonÓs Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.1 Enhance public safety in the community EXHIBITS 1. AIS 2. Presentation Respectfully submitted: Pritam Deshmukh City Traffic Engineer City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1372,Version:1 AGENDA CAPTION Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071. Receive a presentation from staff regarding public power competitive and financial matters related to a Power Purchase Agreement between the City of Denton, as the seller of power and electric energy services, and the University of North Texas, as a buyer of power and electric energy services; discuss, deliberate, and provide direction to staff regarding the same. Consultation with the City’s attorneys regarding legal issues associated with the above matters where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton 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 proceeding or potential litigation. City of DentonPage 1 of 1Printed on 9/21/2018 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1536,Version:1 AGENDA CAPTION DeliberationsRegardingCertainPublicPowerUtilities:CompetitiveMatters-UnderTexasGovernmentCode Section 551.086; Consultation with Attorneys - Under Texas Government Code Section 551.071. DiscussanddeliberateonstrategiesandopportunitiesfortheCitytoacquirenaturalgasfortheDentonEnergy Center(“DEC”);receiveapresentationfromstaffregardingpublicpowercompetitiveandfinancialmattersfor thepurchaseofnaturalgas;andproviderecommendationsonthepurchaseofnaturalgasundertheexisting BaseContractforthePurchaseandSaleofNaturalGaswithEnterpriseProductsOperating,LLC.Consultation withtheCity’sattorneysregardinglegalissuesassociatedwiththeagreementsdescribedabovewhere discussionoftheselegalmattersinanopenmeetingwouldconflictwiththedutyoftheCity’sattorneystothe CityofDentonandtheDentonCityCouncilundertheTexasDisciplinaryRulesofProfessionalConductofthe State Bar of Texas. City of DentonPage 1 of 1Printed on 9/21/2018 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1463,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,approvinganagreementwiththeFriendsofthe DentonPublicLibrariesandtheCityofDenton,Texastoclarifytherolesandresponsibilitiesofeachparty;to raisefundsandsupportprogrammingfortheDentonPublicLibrary;authorizingtheCityManagerorhis designee to execute the Friends of the Denton Public Libraries Agreement; and providing an effective date. City of DentonPage 1 of 1Printed on 9/21/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Library DCM: Bryan Langley DATE: September 25, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, approving an agreement with the Friends of the Denton Public Libraries and the City of Denton, Texas to clarify the roles and responsibilities of each party; to raise funds and support programming for the Denton Public Library; authorizing the City Manager or his designee to execute the Friends of the Denton Public Libraries Agreement; and providing an effective date. BACKGROUND On May 1, 2018, Deputy City Manager Bryan Langley presented about the need for formal agreements between non-profit support agencies and the City of Denton. Council directed staff to proceed with developing such agreements. The Friends of the Denton Public Libraries is a nonprofit support and fundraising organization that supports the Denton Public Library. The Friends of the Denton Public Libraries was formed as a Texas nonprofit association in 1987 and has helped the library through fundraising efforts and community outreach. Current Friends fundraising activities include: Membership donations Second Hand Prose Book Store-located at the North Branch Library. Open Saturdays 9 a.m.-3 p.m., Sundays 1 p.m.-4 p.m., and Mondays 9 a.m.-8:30 p.m. Quarterly Book Sales-held at the North Branch Library in February, May, August, and November Online book consignment The Denton Public Library provides the Friends organization with donated materials not added to the library collection and library materials withdrawn from the collection per the standards recommended in The Denton Public Library also provides space at the North Branch Library for the book store and storage for materials for the book store and the book sales. Summer Reading Challenge and furniture and technology for all three branches of the Library. Staff prepared the proposed agreement, listed below as Exhibit 2. The agreement has been reviewed, and approved by the Friends of the Denton Public Libraries. The proposed agreement includes an initial term effective until September 30, 2021 and allows the agreement to be renewed for two additional three year periods upon Council approval. The agreement was written to clarify the respective roles of the Denton Public Library and the Friends of the Denton Public Libraries. RECOMMENDATIONS Staff recommends approval of this request. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.4 Provide and support outstanding leisure, cultural, and educational opportunities EXHIBITS Exhibit 1-Agenda Information Sheet Exhibit 2-Friends of the Denton Public Libraries Agreement Exhibit 3-Ordinance Respectfully submitted: Bryan Langley Deputy City Manager Prepared by: Jennifer Bekker Director of Libraries City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1537,Version:1 AGENDA CAPTION ConsideradoptionofanOrdinanceoftheCityofDentonauthorizingtheCityManager,ordesignee,toexecute aphysicalgastransactionconfirmationforthepurchaseofnaturalgasunderthetermsandconditionsofbase contractforthepurchaseandsaleofnaturalgaswithEnterpriseProductsOperating,LLC;providingforthe expenditure of funds; and providing for an effective date. City of DentonPage 1 of 1Printed on 9/21/2018 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1484,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton (“City”) authorizing the City Manager, or his designee, to execute a Contract of Sale by and between Janda Legacy Investments, LP (“Owner”), and the City, regarding the sale and purchase of fee simple to a 0.8123 acre tract, more or less, situated in the B.B.B. & C.RR. CO. Survey, Abstract No. 192, Denton County, Texas for the purchase price of Four Hundred Seventy Five Thousand Dollars and No Cents ($475,000.00), as prescribed in the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date. (Bonnie Brae Street Widening and Improvements project - North (Phase 5) - Parcel 31 (Janda - 2300 Scripture Street) City of DentonPage 1 of 1Printed on 9/21/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Capital Projects CM/ DCM/ ACM: Mario Canizares DATE: September 25, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to execute a Contract of Sale by and between Janda Legacy Investments, LP City, regarding the sale and purchase of fee simple to a 0.8123 acre tract, more or less, situated in the B.B.B. & C.RR. CO. Survey, Abstract No. 192, Denton County, Texas for the purchase price of Four Hundred Seventy Five Thousand Dollars and No Cents ($475,000.00), as prescribed in the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date. (Bonnie Brae Street Widening and Improvements project - North (Phase 5) - Parcel 31 (Janda 2300 Scripture Street)) BACKGROUND The "Bonnie Brae Secondary arterial from IH35E to North of Scripture" project was approved by the voters as part of the Mobility Improvement projects initiative on the ballot for the November 5, 2014 bond election. The final road alignment has been established and a substantial portion of the subject property tract will be required for the construction of the roadway improvements. Janda Legacy Investments, LP (JLIGP, its general partner, by Stephen Shannon, Manager) has agreed to sell the subject 0.8123 acre tract for the stipulated purchase price above. OPTIONS 1. Approve proposed ordinance 2. Decline to approve proposed ordinance 3. Table for future consideration RECOMMENDATION Staff recommends approval of the ordinance. ESTIMATED SCHEDULE OF PROJECT Road design documents targeted for completion and bid advertisement in January 2019. Anticipated construction start early summer 2019. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council closed session briefing(s): July 17, 2018, August 7, 2018, and September 18, 2018. FISCAL INFORMATION A total of $13,250,000 in funding was approved for the Project, which includes $2,000,000 in bonds in FY 2014/15, 7,500,000.00 FY 2017/18, and $3,750,000.00 reallocation of funds in coordination with the City Finance Department. The purchase of the tract at hand, if approved, will be funded out of the Streets Capital Project Fund account established for the Project: 250023467. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 2.1 Optimize resources to improve quality of City Roadways EXHIBITS 1 -Agenda Information Sheet 2 -Location map 3 -Site map 4-Ordinance Respectfully submitted: Paul Williamson Real Estate Manager Prepared by: Amy B. Parish Sr. Real Estate Analyst EXHIBIT 2 attachment to AIS Location Map CITY OF DENTON SCRIPTURE STREET Court House Parcel 31: Sue Brown estate 2300 Scripture ST / 0.8123 acre tract µ 05501,1002,200 Feet EXHIBIT 3 attachment to AIS Site Map CITY OF DENTON McKenna Park Parcel 31: Sue Brown estate 2300 Scripture ST / 0.8123 acre tract µ 02550100 Feet EXHIBIT 4 attachment to AIS City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:S17-0007b,Version:1 AGENDA CAPTION ContinuetoconsideradoptionofanordinanceforaSpecificUsePermittoallowforamulti-familyuse.The 12.37-acresiteisgenerallylocatedontheeastsideofBrinkerRoad,approximately990feetsouthofSouth Loop288intheCityofDenton,DentonCounty,Texas;providingforapenaltyinthemaximumamountof $2,000.00forviolationsthereof;providingaseverabilityclauseandaneffectivedate.(S17-0007a,Enclaveat Denton,HayleyZagurski).THISITEMWASCONTINUEDFROMTHESEPTEMBER18,2018MEETING FOLLOWING A TIE-VOTE. City of DentonPage 1 of 1Printed on 9/21/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services CM: Todd Hileman DATE: September 25, 2018 SUBJECT Continue to consider adoption of an ordinance for a Specific Use Permit to allow for a multi-family use. The 12.37-acre site is generally located on the east side of Brinker Road, approximately 990 feet south of South Loop 288 in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (S17- 0007a, Enclave at Denton, Hayley Zagurski). THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 18, 2018 MEETING FOLLOWING A TIE-VOTE. BACKGROUND The request is for a Specific Use Permit (SUP) to permit a multi-family use on approximately 12.37 acres of property generally located on the east side of Brinker Road south of Loop 288. The proposed development would consist of 270 apartment units and approximately 5,000 square feet of commercial space. The Conceptual Site Plan reflects two four-story buildings, associated parking for the multifamily and commercial uses, and open space, including approximately 2.5 acres of Upland Habitat Environmentally Sensitive Area. A full Staff Analysis is provided as Exhibit 2. The public hearing for this case was held on September 18, 2018. Upon closing the public hearing, a motion was made and seconded to approve the Specific Use Permit with the recommended condition. The motion tied \[3-3\], requiring the case to be continued in accordance with Section 2-29(g)(5)(a) which states: Tie-Vote: Matters voted on by the city council which end in a tie-vote shall automatically be placed on each subse OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Development Review Committee recommends approval of this request with the following condition: 1. The provided preliminary site plan, landscape plan, and building elevations are generally consistent with the requirements of the Denton Development Code in terms of site design, landscaping, parking, and building design as provided in DDC 35.6.3. The final site plan, landscape plan, and building elevations shall be consistent with the approved preliminary plans and elevations. The Planning and Zoning Commission recommended approval of the request with the above condition \[7- 0\]. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The subject property was zoned Regional Center Commercial Downtown (RCC-D) District as part of the 2002 city-wide rezoning. In 2014 the Planning and Zoning Commission approved a preliminary plat for the subject property and lot to the south, which is Lot 1, Block 1 of the Brinker Road Addition. A final plat was not approved for the subject property within two years of that approval, so the original preliminary plat expired in 2016. An updated preliminary plat for the subject property (Lot 2, Block 1 of the Brinker Road Addition) was approved by the Planning and Zoning Commission on April 25, 2018. A final plat is currently under review with Staff and will require the approval of the Planning and Zoning Commission. On August 22, 2018 the Planning and Zoning Commission held a public hearing and recommended -0\]. At the public hearing one individual spoke in opposition. The individual indicated that she was not opposed to the multi-family use but that she was opposed to the way the ESA on site was being preserved; her concerns were that the area adjacent to the parking may be lost over time due to the long, narrow shape of the area; and drainage from the parking lot into the ESA, and how the ESA would be protected during construction. The applicant was than the parking lot, so no drainage would occur into the ESA area, and by indicating that adequate protective fencing would be installed around the ESA to eliminate encroachment during construction. The applicant also addressed questions from the Planning and Zoning Commissioners by indicating that an agreement was in place with Wal-Mart to allow drainage into the adjacent detention pond, indicating that each building would have at least one elevator, indicating that parking would be assigned to each unit and to the commercial uses, and indicating that a right turn lane is intended to be installed on Brinker Road for the southern, primary entrance. Minutes from this meeting have not been drafted as of the issuance of this report. As was indicated previously, a public hearing was held by the City Council on September 18, 2018 at which time a motion was made to approve the request. The motion ended in a tie-vote, requiring the matter to be continued to the next meeting. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Aerial Map 4. Zoning Map 5. Future Land Use Map 6. Preliminary Site Plan 7. Preliminary Landscape Plan 8. Preliminary Building Elevations 9. Notification Map 10. Presentation 11. Draft Ordinance with Exhibit A 12. Ordinance Exhibit B Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Hayley Zagurski Senior Planner P.O .T.C.D.R. C.D .ON .I.C. 421-3102 ,666 R L ,M & ST CL VIRD '42 ELSIA E RD '42 LSIA EVI E IF '62 ENAL ER AVIRP( ERTS ET )TE WEDIS '5 KLA 62 L ERIF ' ENA 9.0' X X X X 42 EVIRD ' ELSIA 9.0' SDSDSDSDSDSD WW NGNG RIF '62 ENAL E KCAR EKIB X X X SS SS SS X X SD 2 L ERIF '6 ENA RP( S ETAVI TEERT ) W W W S '51 TEERT FFUB RE RP PO '01 . GIR TH RUT AL N EN STORAGE MINIMUM TAPER 150'32' 64 .LOV( 323 .GP ,68 .T.C.D.R.D , ) RB KNI RE OR DA DS DS RAV(DS TDIW ELBAI O-THGIR H DS )YAW-F DS DS S D DS DS S D SD SD DSDS SDSD DS DS GN NGN GNG GNGN GN NGGNNGNGNG NG X:\\Integrated Realty\\Integrated Real Estate Group\\Enclave at Denton\\Drawings\\Enclave at Denton\\Sheets\\A5.01 Bldg 1-Exterior Elevations.dwg Wednesday, August 08, 2018 8:14:16 AM A5.01 BLDG 1-EXTERIOR ELEVATIONS ---- X:\\Integrated Realty\\Integrated Real Estate Group\\Enclave at Denton\\Drawings\\Enclave at Denton\\Sheets\\A5.02 Bldg 1-Exterior Elevations.dwg Wednesday, August 08, 2018 8:14:40 AM A5.02 BLDG 1-EXTERIOR ELEVATIONS ---- X:\\Integrated Realty\\Integrated Real Estate Group\\Enclave at Denton\\Drawings\\Enclave at Denton\\Sheets\\A5.03 Bldg 1- Exterior Elevations.dwg Wednesday, August 08, 2018 8:15:00 AM A5.03 BLDG 1- EXTERIOR ELEVATIONS ---- X:\\Integrated Realty\\Integrated Real Estate Group\\Enclave at Denton\\Drawings\\Enclave at Denton\\Sheets\\A5.04 Bldg 2-Exterior Elevations.dwg Wednesday, August 08, 2018 8:15:44 AM A5.04 BLDG 2-EXTERIOR ELEVATIONS ---- X:\\Integrated Realty\\Integrated Real Estate Group\\Enclave at Denton\\Drawings\\Enclave at Denton\\Sheets\\A5.05 Bldg 2-Exterior Elevations.dwg Wednesday, August 08, 2018 8:16:29 AM A5.05 BLDG 2-EXTERIOR ELEVATIONS ---- X:\\Integrated Realty\\Integrated Real Estate Group\\Enclave at Denton\\Drawings\\Enclave at Denton\\Sheets\\A5.06 Bldg 2-Exterior Elevations.dwg Wednesday, August 08, 2018 8:13:44 AM A5.06 BLDG 2-EXTERIOR ELEVATIONS ---- Planning Staff Analysis S17-0007/Enclave at Denton City Council District 1 September 18, 2018 REQUEST: Hold a public hearing and consider adoption of an ordinance for a Specific Use Permit to allow for a multi-family use. The 12.37-acre site is generally located on the east side of Brinker Road, approximately 990 feet south of South Loop 288 in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (S17-0007a, Enclave at Denton, Hayley Zagurski). OWNER: Bomac Denton Investments, LLC APPLICANT: Ryan McIntosh, Trinity Partners Kenneth Fambro, Integrated Real Estate Group BACKGROUND: The request is for a Specific Use Permit (SUP) to permit a multi-family use on approximately 12.37 acres of property generally located on the east side of Brinker Road south of Loop 288. The proposed development would consist of 270 apartment units and approximately 5,000 square feet of commercial space. The Concept Plan reflects two four-story buildings, associated parking for the multifamily and commercial uses, and open space, including approximately 2.5 acres of upland habitatEnvironmentally Sensitive Area(ESA). The subject property is located within the Regional Center Commercial Downtown (RCC-D) zoning district. Within the RCC-D District multi-family development is only permitted as part of mixed-use developments or with approval of a Specific Use Permit. Although the proposed development includes 5,000 square feet of commercial uses, the development does not meet the definition of “Mixed Use Development,” which restricts the multi-family use to no more than 30% of the acreage. Thus, a SUP is required to permit the multi-family portion of the proposed development. SITE DATA: The subject property includes 12.37acresof landthat are currently undeveloped. The southeastern portion of the property is heavilyforested and is designated as Upland Habitat ESA. To meet the Denton Development Code (DDC) 50% requirement for Upland HabitatESA preservation, at the time of preliminary platting 2.5 acres of the property was designated as a “Tree Conservation Area,” which is reflected on the PreliminarySite Plan and Landscape Plan. The property has approximately 466 feet of frontage on Brinker Road.Brinker Road is classified as a secondary arterial roadway on the Mobility Plan. SURROUNDING ZONING AND LAND USES: Northwest: North:Northeast: Zoning: RCC-DDistrictZoning:Regional Center Zoning:RegionalCenter CommercialNeighborhood Residential 1 (RCR-1)District (RCC-N)District Use: Commercial Use: Undeveloped Uses:Commercial(Wal- Mart ) West:East: Zoning: RCC-D DistrictZoning: RCR-1 District SUBJECT PROPERTY Use: Commercial(Target)Use: Undeveloped Southwest:South:Southeast: Zoning: RCC-DDistrictZoning: RCC-D and RCC-NZoning: RCR-1District Districts Use:Commercial(Home Use: Undeveloped Depot)Use: Institutional(Assisted Living/Memory Care) CONSIDERATIONS: Section 35.6.4 of the DDC outlines the criteria for approval of a SUP. These criteria are as follows: a.That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with The Denton Plan and federal, state, or local law. The Conceptual Site Plan and Landscape Plan indicate that the development would be in conformance with the requirements of the DDC in terms of multi- family site design, building materials, parking, and landscaping. The site is also in conformance with the requirements for ESA Upland Habitat conservation. Per the Denton Plan 2030 Future Land Use map, the subject property is part of a larger area designated forRegional Mixed Use. Regional Mixed Use areas are intended for moderate to high density residential uses as well as a mixture of commercial, office, and entertainment uses. The proposed development is consistent withthe intent and parameters of the Regional Mixed Use designation, as it would have a density of approximately 21 dwelling units per acre and include a small mixture of commercial uses in the ground floor or the front building. b.A SUP shall only be granted if all of the following conditions have been met: i.That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity. ii.That the establishmentof the specific use will not impede the normal and orderly development and improvement of surrounding vacant property. iii.That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided. iv.The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments. v.That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration. vi.That directional lighting will be provided so as not to disturb or adversely affect neighboring properties. vii.That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The existing land use pattern in this area of the city is a mixture of commercial,multi-family residential. The proposed multi-family use is directly compatible with this land use patternand is consistent with existing assisted living and multi-family developments to the south. The proposed use isnot likely to generate offensive odors, fumes, dust, noise, or vibrations. Lighting for the site will be required to comply with the site lighting requirements in DDC Section 35.13.12. The Conceptual SitePlan indicates the provision of adequate on-site parking for both the multi-family use and the proposed commercial spaces. The plans also indicate compliance withrequirements forparking lot landscaping, right-of-way screening, and buffers as well as required ESA preservation. During the final site planprocess, the precise requirements for public infrastructure improvements, including water and sewer, will be determined. A Traffic Impact Analysis (TIA) is required prior to final platting based upon the size of the development. If the SUP is approved, theTIA will determine whether a right-turn lane is warranted at the existing southern drive. c.That adequate capacityof infrastructure can and will be provided to and through the subject property. Access is already provided to the site by means of a shared driveway on the southern side of the property. Utilities are available along Brinker Road. d.That the Special Use iscompatible with and will not have an adverse impact on the surrounding area. When evaluating the effect of the proposed use on the surrounding area, the following factors shall be considered in relation to the target use of the zone: i.Similarity in scale, bulk, and coverage. ii.Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. iii.Architectural compatibility with the impact area. iv.Air quality, including generation of dust, odors, and other environmental pollutants. v.Generation of noise, light, and glare. vi.The development of adjacent property as envisioned in the Denton Plan. vii.Other factors found to be relevant to satisfy the requirements of this Chapter. The proposed multi-family use is compatible with the surrounding multi-family and commercial uses and is not expected to generate any adverse impacts on surrounding properties. As was previously indicated, the development is also consistentwith the Future Land Use designation of Regional Mixed Use. The proposed scale of development in terms of density, lot coverage, floor-area- ratio(FAR), and building height are consistent with the requirements for the RCC-D District. The Conceptual Site Plan indicates a density of 21.8 units per acre (100 dwelling unit per acre is permitted) and lot coverage of 84.2% (maximum of 90% is permitted). The development is proposed with a FAR of 0.73 and a four story building height. The RCC-D District permits a FAR of up to 3.0 and building heights of up to 100 feet. STAFF RECOMMENDATION: Staff recommends approval of the SUP request with the following condition: 1.The provided preliminary site plan, landscape plan, and building elevations are generally consistentwith the requirements of the Denton Development Code in terms of site design, landscaping, parking, and building design as provided in DDC 35.6.3.The final site plan, landscape plan, and building elevations shall be consistent with the approved preliminary plans and elevations. PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 10notices were sent to property owners within 200 feet of the subject property, 12courtesy notices were sent to physical addresses within 500 feet of the subject property, a notice was published in the Denton Record Chronicle, and a sign wasplaced on the property. The applicant has not held a neighborhood meeting as of the issuance of this report, and no responses have been received to the mailed notices. S17-0007 Site Location 288 ! ( I35E § ¨¦ 0205410820 Feet SITE µ Parcels Roads Date: 7/31/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. S17-0007 Existing Zoning Map EC-C 288 ! ( EC-I RCC-D RCR-1 IC-G RCC-N RCR-2 I35E § ¨¦ 0205410820 Feet SITEEC-CRCC-N µ EC-IRCR-1 Parcels IC-GRCR-2 Roads RCC-D Date: 7/31/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. S17-0007 Future Land Use Map Business Innovation 288 ! ( Government / Institutional Regional Mixed Use I35E § ¨¦ 02805601,120 Feet SITERegional Mixed Use Future Land Use µ Business Innovation Low Residential Parcels Government / Institutional Moderate Residential Roads Date: 7/31/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. P.O .T.C.D.R. C.D .ON .I.C. 421-3102 ,666 R L ,M & ST CL VIRD '42 ELSIA E RD '42 LSIA EVI E IF '62 ENAL ER AVIRP( ERTS ET )TE WEDIS '5 KLA 62 L ERIF ' ENA 9.0' X X X X 42 EVIRD ' ELSIA 9.0' SDSDSDSDSDSD WW NGNG RIF '62 ENAL E KCAR EKIB X X X SS SS SS X X SD 2 L ERIF '6 ENA RP( S ETAVI TEERT ) W W W S '51 TEERT FFUB RE RP PO '01 . GIR TH RUT AL N EN STORAGE MINIMUM TAPER 150'32' 64 .LOV( 323 .GP ,68 .T.C.D.R.D , ) RB KNI RE OR DA DS DS RAV(DS TDIW ELBAI O-THGIR H DS )YAW-F DS DS S D DS DS S D SD SD DSDS SDSD DS DS GN NGN GNG GNGN GN NGGNNGNGNG NG X:\\Integrated Realty\\Integrated Real Estate Group\\Enclave at Denton\\Drawings\\Enclave at Denton\\Sheets\\A5.01 Bldg 1-Exterior Elevations.dwg Wednesday, August 08, 2018 8:14:16 AM A5.01 BLDG 1-EXTERIOR ELEVATIONS ---- X:\\Integrated Realty\\Integrated Real Estate Group\\Enclave at Denton\\Drawings\\Enclave at Denton\\Sheets\\A5.02 Bldg 1-Exterior Elevations.dwg Wednesday, August 08, 2018 8:14:40 AM A5.02 BLDG 1-EXTERIOR ELEVATIONS ---- X:\\Integrated Realty\\Integrated Real Estate Group\\Enclave at Denton\\Drawings\\Enclave at Denton\\Sheets\\A5.03 Bldg 1- Exterior Elevations.dwg Wednesday, August 08, 2018 8:15:00 AM A5.03 BLDG 1- EXTERIOR ELEVATIONS ---- X:\\Integrated Realty\\Integrated Real Estate Group\\Enclave at Denton\\Drawings\\Enclave at Denton\\Sheets\\A5.04 Bldg 2-Exterior Elevations.dwg Wednesday, August 08, 2018 8:15:44 AM A5.04 BLDG 2-EXTERIOR ELEVATIONS ---- X:\\Integrated Realty\\Integrated Real Estate Group\\Enclave at Denton\\Drawings\\Enclave at Denton\\Sheets\\A5.05 Bldg 2-Exterior Elevations.dwg Wednesday, August 08, 2018 8:16:29 AM A5.05 BLDG 2-EXTERIOR ELEVATIONS ---- X:\\Integrated Realty\\Integrated Real Estate Group\\Enclave at Denton\\Drawings\\Enclave at Denton\\Sheets\\A5.06 Bldg 2-Exterior Elevations.dwg Wednesday, August 08, 2018 8:13:44 AM A5.06 BLDG 2-EXTERIOR ELEVATIONS ---- S17-0007 Notification Map 288 ! ( 500ft Buffer 200ft Buffer I35E § ¨¦ 0205410820 Feet SITE µ Parcels Roads Date: 7/31/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:A18-0002b,Version:1 AGENDA CAPTION Conductthesecondoftwopublichearingsforavoluntaryannexationofapproximately86.47acresofland generallylocatedbetweenCreekdaleDriveandHickoryCreekRoad,eastoftherailroadtracksbytheCityof Denton, Texas. (A18-0002, Lakeside Place, Cindy Jackson) City of DentonPage 1 of 1Printed on 9/21/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com ______________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services CM: Todd Hileman DATE: September 25, 2018 SUBJECT Conduct the second of two public hearings for a voluntary annexation of approximately 86.47 acres of land generally located between Creekdale Drive and Hickory Creek Road, east of the railroad tracks by the City of Denton, Texas. (A18-0002, Lakeside Place, Cindy Jackson) BACKGROUND The applicant, Abra Nusser, on behalf of the property owner, Calvert Paving Corporation, has submitted an annexation application to voluntarily annex approximately 86.47 acres of land. This voluntary annexation complies with Subchapter C-3, Chapter 43 of the Texas Local Government Code. The subject property is approximately 86.47 acres and is adjacent to current city limits on its northwest, northeast, and western boundaries. The adjacent zoning districts are Extraterritorial Jurisdiction (ETJ), Neighborhood Residential 3 (NR-3) to the north, Neighborhood Residential 4 (NR-4) to the northeast, ETJ to the east, south, and southwest; and Neighborhood Residential 2 (NR-2) and Commercial Mixed Use General (CM-G) to the west, across the railroad tracks. The Future Land Use designation of the subject site is Low Residential. Upon annexation, the applicant will seek a zoning designation of Neighborhood Residential 4 (NR-4) to develop a single family subdivision on the subject property and is requesting annexation for this purpose. The requested annexation meets the criteria for annexation as listed in Section 35.3.14.B. Specifically, staff has determined the anticipated development: Will require a connection to City public services; I and electric services; Is located Will have a significant impact upon the City in terms of service costs, increased traffic, and utility needs. As a result, Section 35.3.14.C, the following Section 35.3.14.C evaluation criteria was applied: 1. The ability of the City to provide infrastructure and public services equal to other comparable areas inside the city limits. Water service is available from an 8-inch line located along Creekdale Road. The nearest Wastewater main is an 8-inch line also located along Creekdale Road. Transportation improvements required as a result of the proposed development of this site will be determined after trip generation calculations have been received and reviewed. Any drainage improvements required in association with the development of this site will be the responsibility of the Developer. Any improvements due to the impact of this development will be constructed at the Developers expense. rty across Creekdale. Solid Waste will add this property to existing routes. Policing of the subject site would comply with required response times. Fire and EMS services to the site would comply with required response times. Station #7 is located approximately 4.5 miles from the subject site. Cross Timbers Park is 0.4 miles to the east. 2. The reliability, capacity, and future public cost, if any, of current and planned provisions for community facilities, including but not limited to roads, drainage, and utilities. The terms of the needed improvements/upgrades will be determined upon platting and permitting. Funding will be the responsibility of the developer. It is anticipated that Creekdale Drive will be extended and create a direct connection between Ryan Road and Riverpass Drive. 3. The need and quality of land use and building controls. The annexation of the subject property into the city will enable the use of development and design standards in the DDC, minimizing the impacts of the proposed development on adjacent neighborhoods. 4. Comprehensive Plan. The subject property is designated as Low Residential on the Future Land Use Plan. The applicant is proposing to develop a residential subdivision for this site. Conformance with the Land Use Element will be determined when the application for initial zoning is submitted and reviewed. 5. Impact on the City, both current and long range, including at a minimum. Anticipated impacts to the City will be minimal as noted in Items 1 to 3, above. 6. The property meets the minimum requirements for annexation in accordance with state law. The property complies with all minimum requirements for annexation as set forth by the Texas Local Government Code as stated in Chapter 43, Subchapter C-1, Annexation Procedure for Areas Exempted from Municipal Annexation Plan. The tentative schedule for this annexation is as follows: st September 11, 2018 1 Public Hearing - Completed nd September 25, 2018 2 Public Hearing October 16, 2018 First Reading of the Annexation Ordinance November 27, 2018 - Second Reading and Adoption of the Annexation Ordinance PRIOR ACTION/REVIEW (Council, Boards, Commissions) stnd On August 28, 2018, the City Council adopted an ordinance setting the 1 and 2 public hearing dates and authorizing the publication of notice of the public hearings. On September 11, 2018, the City Council held the first annexation public hearing. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS 1. Agenda Information Sheet 2. Location Map 3. Zoning Map 4. Staff Presentation Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Cindy Jackson, AICP Senior Planner A18-0002 Site Location 1830 " ) 03857701,540 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 7/26/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. A18-0002 Zoning Map NR-2 RD-5X NRMU 1830 " ) CM-G NR-3 NR-6 NR-1 ETJ NR-4 03857701,540 Feet SITECM-GNR-2NR-6 µ ETJNR-3NRMU Parcels NR-1NR-4RD-5X Roads Date: 7/26/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. iroeiiiiia ,/i I ^ ii/�� � Uoo. ;rioi%/,%raz//%i �,aioiiz: �iiiaaoia: �/iiiiiirii ,/i I ^ ii/�� %jo��ro%i �pmi;; i %ioiiiil«�;,, �/i 1 iii�� � �� o, v% r� � � �