Agenda Information Sheet
DEPARTMENT: Department of Development Services
CM: Todd Hileman
Date: May 23, 2017
SUBJECT
Title
Consider adoption of an ordinance of the City of Denton, Texas, setting a date, time, and place for two public hearings on the proposed annexation of certain properties generally located north of Brush Creek Road and east of Fort Worth Drive by the City of Denton, Texas, authorizing and directing the City Secretary to publish notice of such public hearings.
Body
BACKGROUND
At the February 7, 2017 meeting, the City Council directed staff to pursue annexation of a 6.71 acre tract. The subject property is part of an approximately 18 acre site, of which the remaining acreage is located within the City of Denton. The property owner is proposing a commercial and multi-family development on the entire site. The portion of the site in the city is zoned Neighborhood Residential 1 (NR-1) in which neither one of the proposed is permitted. Therefore, the area within the City will have to be rezoned and the annexed property will have to secure a zoning designation. Based on the Future Land Use Map, the area is recommended to be developed with Neighborhood Mixed Use. A likely zoning designation would therefore be Neighborhood Residential Mixed Use (NRMU) District and a Specific Use Permit (SUP) will be required for the multi-family component.
On March 7, 2017 the property owner was sent a certified letter notifying of the City’s intent to annex the property because the proposed development meets the City’s criteria for annexation. The proposed development:
• will require to connect to City public services;
• is within the City’s Certificate of Convenience and Necessity boundary for water, sewer, and electric services;
• is partially in the City limits and in the City’s ETJ; and
• the development will have a significant impact upon the City in terms of service costs, increased traffic, and utility needs.
In reviewing the proposed annexation, staff considered the following:
1. The ability of the city to provide infrastructure and public services equal to other comparable areas inside the city limits.
• Water service for this site would require extension of an 8-inch main along Brush Creek Road to applicant’s southeast property corner (approximately 550 feet). An extension of gravity wastewater service to this site would be required.
• DME has a main line circuit US 377 (Fort Worth Drive) right-of-way near the property.
• Solid Waste will add this property to existing routes.
• Policing of the subject site would comply with required response times.
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 and funding will be the responsibility of the developer.
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 Denton Development Code (DDC), minimizing the impacts of the proposed commercial and multifamily development on adjacent neighborhoods.
4. Conformance with the Land Use Element of the City’s comprehensive plan.
The subject property is located in the transition area between the area designated as Neighborhood Mixed Use (along Fort Worth Drive), and the area designated as Rural Areas (located in the ETJ). The proposed mixed use development with both commercial and multifamily components complies with this designation.
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 property owner did not respond to the City’s annexation notification and as a result, Staff initiated the involuntary annexation proceedings in accordance with state law. After continued effort to contact the property owner, Staff met with the property owner to discuss the annexation process. The property owner stated that he is not in favor of the annexation.
The purpose of this ordinance is to establish public hearing dates for the annexation. The tentative schedule for this annexation is as follows:
• May 23, 2017 - City Council meeting setting the 1st and 2nd public hearing dates and authorizing the publication of notice of the public hearings
• June 13, 2017 - 1st Public Hearing
• June 20, 2017 - 2nd Public Hearing
• July 18, 2017 - First Reading of the Annexation Ordinance
• July 19, 2017 - Publication of the Annexation Ordinance in the newspaper
• August 22, 2017 - Second Reading and Adoption of the Annexation Ordinance
OPTIONS
1. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATION
Staff recommends approval of the ordinance setting dates, times, and place for public hearings on the proposed annexation of the subject property.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
February 7, 2017, the City Council directed staff to pursue annexation of the subject.
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 foundations of the plan are 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. Location Map
2. Zoning Map
3. Draft Ordinance
4. Staff Presentation
Respectfully submitted:
Munal Mauladad
Director of Development Services
Prepared by:
Cindy Jackson, AICP
Senior Planner