AGENDA INFORMATION SHEET
AGENDA DATE: September 20, 2016
DEPARTMENT: Parks and Recreation Department
ACM: John Cabrales, Jr.
_______________________________________________________________________
SUBJECT
Title
Hold a Public Hearing and consider adoption of an ordinance granting approval, in accordance with Chapter 26 of the Texas Parks and Wildlife Code, of the non-park use of a part of North Lakes Park for the purpose of installing and maintaining a subsurface drainage pipe and outfall for the North Lakes Shopping Center Development Project; providing for a notice by the City of Denton, Texas of non-park use for installation and maintenance of a subsurface drainage pipe and outfall and reservation of drainage easement in the event of sale of park; and providing an effective date.
Body
BACKGROUND
Lincoln Property Company Commercial has requested the use of park land for the purpose of providing subsurface drainage and ensure that their development outflow will pass through North Lakes Park in a manner that does not cause erosion of the park property as it terminates into Pecan Creek below North Lakes Dam 16A. Lincoln Property Company Commercial requires a 2,000 square foot or 0.046 acre easement in North Lakes Park, approximately 225 feet south of Dam 16A. This easement will be 16 feet wide and extend for 125 feet. (Exhibit 1)
State law as defined in Chapter 26, Protection of Public Parks and Recreational Lands of the Texas Parks and Wildlife Code requires that:
(a) a municipality of this state may not approve any program or project that requires the use or taking of any public land designated and used prior to the arrangement of the program or project as a park unless the municipality, acting through its duly authorized governing body or officer, determines that:
(1) there is no feasible and prudent alternative to the use or taking of such land; and
(2) the program or project includes all reasonable planning to minimize harm to the land, as a park...
Click here for full text