City Council

Belton City Council Meeting March 26, 2019 - 5:30 P.M. The Belton City Council met in regular session in the Wright Room at the Harris Community Center with the following members present: Mayor Marion Grayson, Mayor Pro Tern Craig Pearson and Councilmembers David K. Leigh, Dan Kirkley, John R. Holmes, Sr. and Wayne Carpenter. Councilmember Guy O'Banion was absent. Staff present included Sam Listi, Gene Ellis, John Messer, Amy Casey, Brandon Bozon, Chris Brown, Matt Bates, Paul Romer, Bob van Tit, Bruce Pritchard, Angellia Points, Cheryl Maxwell and Kelly Atkinson . The Pledge of Allegiance to the U.S. Flag was led by Councilmember John R. Holmes, Sr., and the Pledge of Allegiance to the Texas Flag was led by Director of Finance Brandon Bozon . The Invocation was given by Mary Hendrix, Senior Chaplain of the IFOC Heart of Texas. 1. Call to order. Mayor Grayson called the meeting to order at 5:32 p.m. 2. Public Comments. Rae Schmuck, 2200 Legacy Lane, Apt #511: Ms. Schmuck invited everyone to join members of the First United Methodist Church in running the Labors of Love 5K benefiting the Body of Christ Clinic. The event will be held on May 18th . Assistant City Manager/Chief of Police Gene Ellis: Chief Ellis invited the Council to attend the graduation ceremony for the 10th Citizen Police Academy on March 28th . He also invited them to attend the First Annual Police Awards Banquet on April 13th_ Consent Agenda Items 3-5 under this section are considered to be routine by the City Council and may be enacted by one motion. If discussion is desired by the Council, any item may be removed from the Consent Agenda prior to voting, at the request of any Councilmember, and it will be considered separately. 3. Consider minutes of March 12, 2019, City Council meeting. 4. Consider a resolution authorizing the City Manager to act on behalf of the City of Belton in accepting offers to conclude right-of-way acquisition for parcels to be acquired by TxDOT for the Loop 121 widening proiect including Parcels 56, 48/48E, 46/46E and 4. 5. Consider a resolution nominating the City's candidate for election to the Board of Directors of the Central Texas Water Supply Corporation. Belton City Council Meeting March 26, 2019 - Page 2 Upon a motion by Councilmember Leigh and a second by Councilmember Kirkley, the Consent Agenda, including the following captioned resolutions, was unanimously approved by a vote of 6-0. RESOLUTION 2019-10-R A RESOLUTION OF THE CITY COUNCIL OF THE City OF BELTON, TEXAS, AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE ACCEPTANCE OF OFFERS TO CONCLUDE RIGHT-OF- WAY ACQUISITION FOR PARCELS TO BE ACQUIRED BY TXDOT FOR THE LOOP 121 WIDENING PROJECT. RESOLUTION 2019-11-R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELTON, TEXAS, NOMINATING A CANDIDATE FOR ELECTION TO THE BOARD OF DIRECTORS OF THE CENTRAL TEXAS WATER SUPPLY CORPORATION. Planning and Zoning 6. Hold a public hearing and consider a zoning change from Agricultural to Single Family - 1 District on approximately 1.0 acre located at 1601 Connell Street. on the west side of S. Connell Street, between Avenue O and Laila Lane. Director of Planning Cheryl Maxwell explained that this property, annexed in August 1998, is proposed for a single family residential development consisting of two lots with each lot being 0.5 acre in size. The applicant plans to build a house on one lot for himself, and the other lot will be for a family member. A house and an accessory building are currently located on this site and will be removed . The adjacent property to the north also wraps around to the west side of this tract and is zoned Agricultural District, and is residentially developed. The next tract to the west is the site of the Bell County Communications Center, which is zoned Light Industrial District. The adjacent property to the south is zoned Agricultural District and is residentially developed. Property across from this site on the east side of Connell Street is zoned Single Family-2 District and is undeveloped at this time except for a single family residence. Mrs. Maxwell stated that the division of the property into two lots will still satisfy the area requirements under the proposed SF-1 Zoning District. She added that approval of a subdivision plat is required prior to issuing any building permits. The requested SF-1 Zoning District is consistent with the FLUM and is compatible with existing residential uses in this area. Belton City Council Meeting March 26, 2019- Page 3 The Planning and Zoning Commission met on March 19, 2019, and unanimously recommended approval of this zoning change from Agricultural District to Single Family-1 District, and Mrs. Maxwell said that Staff concurs with the recommendation. Mayor Grayson opened the public hearing on this item. Seeing no one wishing to speak, she closed the public hearing. Upon a motion by Councilmember Leigh and a second by Councilmember Holmes, Item #6, including the following captioned ordinance, was unanimously approved by a vote of 6-0. ORDINANCE NO. 2019-16 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF BELTON BY CHANGING THE DESCRIBED DISTRICT FROM AGRICULTURAL TO SINGLE FAMILY ONE DISTRICT ON A 1.0 ACRE TRACT, WITH DEVELOPMENT TO BE REGULATED UNDER TYPE AREA 2 DESIGN STANDARDS. 7. Hold a public hearing and consider a zoning change from Agricultural to Single Family - 3 District with a Specific Use Permit for a Church and Ancillary Buildings on approximately 6.92 acres located at 2027 Connell Street, on the west side of S. Connell Street, between Laila Lane and Liberty Valley Drive. Director of Planning Cheryl Maxwell said that this property was annexed in 1998 and was brought into the City limits under the Agricultural Zoning District. This property is under contract for purchase by Magnolia First Baptist Church (FBC). Magnolia FBC proposes to construct a single story church building that inlcudes meeting rooms. A garden area is also proposed to raise vegetables as part of an educational outreach program. Mrs. Maxwell explained that a mobile home is currently onsite along with another structure that has been destroyed by fire. Both of these structures will be removed. Along the Connell Street frontage, the adjacent properties to the north and south are zoned Agricultural District and are residentially developed. Toward the rear of the property, Liberty Valley Phase Ill is located to the south, zoned Single Family-2 District and developed with single family homes. The adjacent property to the west also wraps around to the north of this site and is zoned Two Family District, currently undeveloped. Property on the east side of Connell Street across from this site is zoned Commercial-1 District with a Specific Use Permit for a mini storage facility. This property is currently undeveloped except for a cell tower. A church is allowed by right in the Office and Commercial zoning districts, and with an SUP in the Residential zoning districts. It is not allowed in the existing Agricultural zoning district, even with a SUP. As a result, this property must be rezoned to allow this use. Since the FLUM shows this area as residential, rezoning to a Residential zoning district and adding an SUP seems the appropriate path to take. The existing Belton City Council Meeting March 26, 2019 - Page 4 tract is 6.92 acres and exceeds all area requirements for the SF-3 Zoning District. Although the applicant does not propose to construct single family homes on this site, approval of this zoning change would allow the construction of detached single family homes, subject to the platting requirement. A site plan is not available at this time; however, this property must be platted and comply with all design standards prior to issuance of any building permits. Maxwell explained that, in Staff's opinion , the proposed church use is reasonable and compatible with the surrounding residential uses. At the Planning and Zoning Commission meeting on March 19, 2019, there was discussion regarding potential screening between this tract and the residential homes in the adjacent Liberty Valley Phase Ill development that back up to this property. The screening requirement applies when there is a non-residential zoning district that is adjacent to a residential zoning district. However, in this case, screening is not a requirement since this property will be zoned SF-3. Screening may be included as an SUP condition if it is determined to be needed. There was also discussion regarding future development that may be limited in this vicinity due to laws regarding the sale of alcohol in close proximity of a church. The Planning and Zoning Commission unanimously recommended approval of this zoning change from Agricultural District to Single Family-3 District with an SUP for a church and ancillary buildings, subject to the conditions below. Staff concurs with their recommendation. • The use and development of the property shall conform to the SF-3 Zoning District in all respects. • In addition, a Specific Use Permit is authorized for a church and ancillary buildings. • The development of the property shall conform to all applicable Design Standards per Ordinance 2014-17, Section 7.1 of the Zoning Ordinance, as well as signage and parking requirements. • Approval of a subdivision plat is required prior to obtaining a building permit. Mayor Grayson opened the public hearing on this item. Marvin Bell, representing Magnolia First Baptist Church, said he was in favor of the zoning change, and that he was available to answer questions. Seeing no one else wishing to speak, the Mayor closed the public hearing. Councilmember Kirkley congratulated the church and said he was excited for them as it has been a long journey to reach this point. Belton City Council Meeting March 26, 2019- Page 5 Upon a motion by Councilmember Kirkley and a second by Councilmember Carpenter, Item #7, including the following captioned ordinance, was unanimously approved by a vote of 6-0. ORDINANCE NO. 2019-17 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF BELTON BY CHANGING THE DESCRIBED DISTRICT FROM AGRICULTURAL TO SINGLE FAMILY - 3 DISTRICT WITH A SPECIFIC USE PERMIT FOR A CHURCH AND ANCILLARY BUILDINGS ON A 6.92 ACRE TRACT, WITH DEVELOPMENT TO BE REGULATED UNDER TYPE AREA 9 DESIGN STANDARDS. 8. Consider a preliminary plat of West Canyon Trails, comprising 38.333 acres, located on the south side of W. Avenue 0, between S. Loop 121 and Connell Street. Director of Planning Cheryl Maxwell explained that this property is the site of a proposed residential subdivision with frontage along W. Avenue 0, consisting of 170 residential lots and one retail lot. This property was rezoned to the Single Family-3 and Retail Zoning Districts in January. A 15' wide emergency access strip is included in the plat boundary and is zoned Agricultural District. A segment of Laila Lane will be constructed as part of this development, anticipating the future extension of Laila Lane west and east, ultimately completing this roadway with connections to Loop 121 and Connell Street. Six parcels are proposed as follows: Parcels A and B: Detention areas to be owned and maintained by the City Parcel C: Private parkland to be owned and maintained by the HOA Parcels D and E: Acreage to be owned and maintained by the HOA Parcel F: Emergency vehicle access easement to be owned and maintained by the HOA Mrs. Maxwell said the lots satisfy all area requirements for their respective zoning districts. However, this plat has two "key lots" that do not meet the key lot setback requirements of the zoning ordinance. She explained that a key lot is basically a corner lot having two street frontages. The Zoning Ordinance requires key lots to have front and side yard (street side) setbacks equal to that which is observed on the two adjacent lots. The intent is to ensure the structures are set back an equal distance, and there is no obstruction to visibility. The applicant is requesting a variance to this requirement for two lots - Lots 14 and 18, Block 6. These lots are not wide enough to meet the 25' setback on the side street, and if required, would result in the loss of a lot. Staff supports the requested variance, provided any fencing is required to observe the same 15' setback from the property line. Belton City Council Meeting March 26, 2019 - Page 6 Also with regard to setbacks, a note is provided on the plat that any garage arranged to be entered from the side yard facing a public street shall have a minimum setback of 25'. Mrs. Maxwell provided a summary of the subdivision ordinance requirements as they apply to this subdivision plat. Water: An existing 8" water line runs along the south side of West Avenue 0 . The applicant is tying into this line and extending 8" and 6" water lines throughout the subdivision. An 8" line is generally required for fire protection, but a 6" line is allowed provided it can meet the minimum 1,000 gpm flow requirement. The applicant will be required to demonstrate the 6" lines can meet this flow at the time of the final plat or will be required to revise these lines to 8". Sewer: An existing 12" sewer line is available for extension near the northwest corner of this property. The applicant will be extending 8" and 6" sewer lines throughout the subdivision. The size of the lines will be determined by the extent of the system at the time of the final plat. Access: This subdivision proposes 170 single family residential lots. The Sub- division Ordinance requires three entrances for subdivisions with 101 plus lots. This development is planned to ultimately have one entrance off W. Avenue O (Alan Trails), with the other two entrances via Laila Lane east and west. However, the applicant does not have control of the properties to the east and west to facilitate the extension of Laila Lane at this time, so it is uncertain when these connections will occur. In the interim, two options are proposed . Option 1: Extend an access point (50' ROW) through Belton ISO property to the south to tie into Huey Drive. Option 2: Utilize the 15' wide emergency vehicle access easement to Loop 121 and extend sewer stub-outs to adjacent properties to the west to encourage development of these tracts, which will in turn promote the extension of Laila Lane from Loop 121 to this subdivision . Both of these options include a temporary second access point connecting to W. Avenue 0, proposed as Long Creek Lane. When the Laila Lane connections occur and this second Avenue O entrance is not needed to meet the minimum three entrances, it will be eliminated, and the ROW will convert back to the retail lot and Parcels D and E. Parcels D and E may then be converted to residential lots. Since the required three entrances for public access are not able to be provided at this time, a variance is requested to allow the preliminary plat to move forward . Staff is supportive of the variance request for either of the two options identified above, since this will be a temporary situation that will be resolved when Laila Lane is extended. Belton City Council Meeting March 26, 2019 - Page 7 Streets: Laila Lane is a minor collector on the City's Thoroughfare Plan map. Minor collectors require a minimum ROW width of 60'. The segment of Laila Lane within this plat boundary will be constructed with a 37' pavement width with curb and gutter within a 60' ROW. West Avenue O is a major collector on the City's Thoroughfare Plan map. Major collectors require a minimum ROW width of 80'. There is currently approximately 120' of ROW, so no additional ROW is needed . Existing pavement width of Avenue 0 in this vicinity is approximately 42'. There is no curb/gutter but instead a bar-ditch drainage system. The Director of Public Works has determined that no perimeter street improvements are needed for Avenue 0 . The primary entrance from Avenue 0 , Alan Trails, will be constructed with a 49' pavement width with curb and gutter in a 70' ROW to facilitate one entrance lane and two exit lanes. The remaining streets in the subdivision will be constructed as local streets with a 50' ROW, 31 ' pavement width, with curb and gutter. The Subdivision Ordinance requires all streets to intersect at a 90 degree angle. A variance is needed if the intersection angle varies by more than 5 degrees on collector streets. This applies to two intersection points along Laila Lane: 1) intersection with Long Creek Lane at a 77 degree angle; and 2) intersection with Adam Lane at a 70 degree angle. A variance is requested , and is supported by Staff since visibility will be sufficient, and the applicant has limited room to adjust the alignment coming in from the east and exiting to the west where the alignment is projected to go along an existing property line. Regarding Fire Lanes, a 16' paved surface is required to provide access for fire vehicles. The fire code also states the following: Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. The proposed temporary emergency vehicle access easement is only 15' wide; therefore, the improved surface is limited to 15'. The applicant is requesting a variance to the width requirement for this temporary access, and it is supported by Staff. Drainage: Pre- and post-drainage maps have been provided . Two on-site detention ponds (Parcels A and B) are proposed to address drainage needs and will be owned and maintained by the HOA. Detailed plans and calculations will be reviewed with the final plat and site plan. Sidewalks: Per the City's Subdivision Ordinance, a 5' wide sidewalk is required along both sides of collector streets and the subdivision side of collector streets. Therefore, a 5' wide sidewalk is required along both sides of Laila Lane and the south side of W. Avenue 0. Belton City Council Meeting March 26, 2019 - Page 8 Parkland Dedication/Fees: Per the City's Subdivision Ordinance, the parkland fee is $200 per residential unit. For 170 dwelling units, the fee equates to $34,000. The applicant is proposing to use these funds to develop a private park consisting of 0.837 acres with amenities to include sidewalks, benches, and landscaping. The applicant is requesting a variance to this requirement to allow the private park, and it is supported by Staff. The Planning and Zoning Commission met on March 19, 2019, and unanimously recommended approval of this plat, subject to the conditions below. Staff concurs with their recommendation. 1. Approval of variance to the key lot setback requirement for Lots 14 and 18, Block 6, conditioned on fencing observing the same 15' setback from the property line; 2. Approval of variance to the three access point requirement, conditioned on either Option 1 or 2 for a temporary access solution; 3. Approval of variance to the 90 degree street intersection requirement for Laila Lane at Long Creek Lane and Adam Lane; 4. Approval of variance to requirement for a 16' wide access easement for a fire lane to allow a minimum width of 15'; 5. Approval of variance to the parkland dedication/fee requirement to allow development of a private park with amenities to equal $34,000. Lina Chtay of Belton Engineering spoke for the applicant. She said that Belton ISO did not approve their proposal (Option 1), so the applicant desires to move forward with Option 2. Councilmember Carpenter asked her to explain Option 2. She said that Option 2 is the extension of sewer services to all adjacent properties (to the west) to expedite development along Loop 121 . Councilmember Holmes asked if Laila Lane will be developed as the houses go in. Ms. Chtay said a portion of Laila Lane will be built within this development, but the remaining portion will be constructed by others as they develop their properties, to the west and east. Councilmember Leigh asked if the property for the 15' wide emergency vehicle access has been secured. City Manager Sam Listi said that the stub-out is part of the property owned by the applicant. He added that this has been a challenging plat, and said that the applicant has worked hard to comply with the City's requirements for three accesses, by providing a number of access options, made difficult by not controlling property to the east and west. Options included 1) access through BISD property to the south; and 2) an option combining an emergency access easement with sewer extension to the west. While still requiring a variance, this second option appears to carry out the developer's obligation in the spirit of the ordinance. Mr. Leigh asked if there will be any mechanism to prevent vehicles other than emergency vehicles from using the access. Ms. Chtay said that it will have a crash gate. Belton City Council Meeting March 26, 2019 - Page 9 Ms. Chtay said that the applicant loves Belton and wants to see it grow. She added that this subdivision will help with the City's need for single family homes. Upon a motion by Councilmember Carpenter and a second by Councilmember Holmes, Item #8 was unanimously approved by a vote of 6-0. 9. Consider a final plat of Stacey Addition, comprising 3.421 acres, located at the southeast corner of FM 93 and Spring Valley Lane, west of Wheat Road, in Belton's ETJ. Director of Planning Cheryl Maxwell said this is a two-lot subdivision reflecting existing development conditions. Lot 1 has frontage along FM 93 and Spring Valley Lane and is the site of an existing towing company. Lot 2 has frontage on Spring Valley Lane and is currently used residentially. No changes to the use of these lots is anticipated . She added that this property is located in Belton's ETJ, so there is no zoning. Lot 1 comprises 1.14 acre, while Lot 2 comprises 2.281 acres. Bell County requires a minimum 50' building setback line from FM 93 and 25' from Spring Valley Lane. The existing structures on Lot 1 do not meet this requirement, so a variance has been requested . Staff supports this request since these are existing structures. Mrs. Maxwell provided a summary of the subdivision ordinance requirements as they apply to this subdivision plat. Water: This property is located within the Dog Ridge Water Supply Corporation (DRWSC) CCN. An existing 2" water line along Spring Valley Lane currently provides domestic service to these lots via one meter. With the division of this property, an additional connection will be needed so each lot will have a meter. DRWSC has confirmed they are able to provide this additional connection. The City of Belton Fire Code requires a minimum water flow of 1,000 gpm for fire hydrants. The existing water line does not meet this flow requirement and cannot support fire hydrants for fire protection purposes. Per DRWSC, estimated flow on the 2" line is 325 gpm The developer is requesting a variance to this requirement. Th is request is supported by Staff since this represents existing conditions. DRWSC water system is limited in this location, and a fire hydrant cannot be placed on the existing 2" water line. In the event of a fire , water tanker trucks will be needed to suppress the fire . Sewer: No sanitary sewer is available to serve this subdivision . The lots are over 0.50 acre in size, and individual septic systems are existing on the lots and may remain in use, subject to requirements of the Bell County Public Health District. Drainage: Since this property lies in Belton's ETJ, the City is not responsible for drainage and will defer to Bell County and their requirements. No additional structures are proposed at this time. Belton City Council Meeting March 26, 2019 - Page 10 Streets: Both lots have access via Spring Valley Lane; no additional access is granted via FM 93. FM 93 currently has a pavement width of 39.2' with a bar ditch drainage system . This is a TxDOT roadway; therefore, the requirement for perimeter street improvements is not applicable. There is 120' ROW available; no additional ROW is requested by TxDOT. Spring Valley Lane is a local roadway with 21.7' wide pavement in a 60' ROW, with no curb or gutter but a bar ditch drainage system. The Subdivision Ordinance requires the developer to contribute one-half of the total cost of paving with curb and gutter for the portion of roadway adjacent to this plat. The developer is requesting a variance to this requirement. Staff supports this request since this property is in Belton's ETJ in an area that is mostly developed already with no curb/gutter or other improvements. This area is outside the City limits, and the County is satisfied with the current facilities , which are under their maintenance. Sidewalks: The Subdivision Ordinance requires the developer to construct and install a 6-foot wide sidewalk along the subdivision side of arterial roadways, which would apply to FM 93, a major arterial. This requirement is waived since the plat is in Belton's ETJ and no entities have assumed responsibility for maintenance. Sidewalks are not required along Spring Valley Lane, which is a local street. Parkland Dedication/Fee: Per the City's Subdivision Ordinance, residential subdivisions are required to dedicate suitable lands for the purpose of parkland and/or make a financial contribution for the acquisition and development of such parkland. One acre for each 100 new dwelling units projected is required. Lot 2 is residentially developed, therefore, the parkland//fee requirement applies for this one lot and would equate to $200. Staff supports a variance to this requirement since the residence is existing , no new residential lots are proposed, there are no plans to develop a public park in this vicinity at this time, and the lot is over two acres in size which provides ample open space to satisfy the needs of the lot owner. Conclusion: Since this proposed subdivision is located in Belton's ETJ, the Bell County Engineer's Office has reviewed this plat and provided comments that have been addressed. After Council action, this plat will be taken to Bell County Commissioners Court for approval. The Planning and Zoning Commission met on March 19, 2019, and unanimously recommended approval of this plat, subject to the conditions below. Staff concurs with their recommendation. 1. Approval of variance to the water flow requirement of 1,000 gpm for fire protection; 2. Approval of variance to the perimeter street improvement requirement for Spring Valley Lane; 3. Approval of variance to the parkland dedication/fee requirement; and 4. Bell County approval of variance to their setback requirement for Lot 1. Belton City Council Meeting March 26, 2019 - Page 11 Mayor Grayson asked why the applicant was rezoning the property. Mrs. Maxwell said that she was not sure, but it is possible that the property may be for sale. City Attorney John Messer added that sometimes utilities require that the property be platted. Upon a motion by Councilmember Holmes and a second by Mayor Pro Tern Pearson, Item #9 was unanimously approved by a vote of 6-0. 10. Consider a final plat of Hedderlv Addition, comprising 3.96 acres, located on the east side of George Wilson Road, beginning approximately 0.6 mile north of US 190/1-14, in Belton's ETJ. Director of Planning Cheryl Maxwell explained that this is a one lot subdivision proposed for residential development. The property is currently undeveloped, and it is located in Belton's ETJ, so zoning regulations are not applicable. A 50' front yard building setback line is required by the County and is provided on the plat. This lot is being divided from a larger tract of 27.55 acres, leaving a remainder of approxi- mately 23 acres. Mrs. Maxwell provided a summary of the subdivision ordinance requirements as they apply to this subdivision plat. Water: This property is located within the Dog Ridge Water Supply Corporation (DRWSC) CCN . They have provided a letter confirming their ability to serve this subdivision via the existing 2" water line running along the west side of George Wilson Road. The existing meter providing service to the original 27-acre tract will be relocated to serve the property that is being platted. The City of Belton Fire Code requires a minimum water flow of 1,000 gpm for fire hydrants. The existing water pressure is estimated at 73 gpm. The developer is requesting a variance to this requirement, and it is supported by Staff. DRWSC water system is limited in this location, and a fire hydrant cannot be placed on the existing 2" water line. In the event of a fire, water tanker trucks will be needed to suppress the fire. DRWSC is in the process of replacing this line with an 8" line that will be able to support fire hydrants. These improvements are anticipated to be completed by mid 2020. Sewer: No sanitary sewer is available to serve this subdivision. A septic system is proposed, subject to approval by the Bell County Public Health District. The lot exceeds the minimum 0.5 acres required for a septic system. Drainage: With just one single family residence proposed, minimal impact, if any, is anticipated regarding drainage. Since this property lies in Belton's ETJ, the City is not responsible for drainage and will defer to Bell County and their requirements. Streets: George Wilson Road is a minor arterial street on the City's Thoroughfare Plan. This requires a minimum ROW of 100'. There is currently approximately 63' of Belton City Council Meeting March 26, 2019 - Page 12 ROW in this vicinity. Per the City's Subdivision Ordinance, the developer is responsible for dedicating half of the remaining ROW needed to achieve the 100'. This equates to an 18.5' ROW dedication requirement for this owner. The applicant is requesting a variance to this requirement. Staff does not support this variance request. This provision is clear in our Subdivision Ordinance, and the City does not typically waive this requirement. Securing adequate ROW is essential to facilitate future improvements to this important roadway. Regarding perimeter street improvements, the Subdivision Ordinance requires the developer to contribute one-half the total cost of paving with curb and gutter for the portion of roadway adjacent to this plat, in this case, George Wilson Road. The existing pavement width is 20'. A variance to this requirement is requested . The Subdivision Ordinance allows waiver of this requirement for single family developments not exceeding three lots. This area is outside the City limits, and the County is satisfied with the current facilities, which are under their maintenance. Therefore, Staff supports the requested variance. Sidewalks: The Subdivision Ordinance requires the developer to construct and install a 6-foot wide sidewalk along the subdivision side of arterial streets, which would apply to George Wilson Road. This requirement is waived since the plat is in the ETJ area and no entities have assumed responsibility for maintenance. Parkland Dedication/Fee: Per the City's Subdivision Ordinance, residential subdivisions are required to dedicate suitable lands for the purpose of parkland and/or make a financial contribution for the acquisition and development of such parkland. One acre for each 100 new dwelling units projected is required. With only one lot, the dedication would be 0.01 acres, which is considerably short of the minimum two acres desired for dedication. The fee in lieu of dedication is $200/lot, which would be $200 for this subdivision. A variance to the parkland dedication/fee is requested. Staff supports the variance request since there are no plans to develop a public park in this vicinity at this time, and a considerable amount of open space is provided on this lot to satisfy the needs of the lot owner. Conclusion: Since this proposed subdivision is located in Belton's ETJ, the Bell County Engineer's Office has reviewed this plat and provided comments that are being addressed. After Council action, this plat will be taken to Bell County Commissioners Court for approval. Staff has reviewed the plat and finds it acceptable as a final plat, subject to conditions identified in the City's letter dated March 15, 2019. At the Planning and Zoning Commission meeting on March 19, 2019, there was discussion regarding the requirement for ROW dedication for George Wilson Road . The applicant is opposed to this requirement and has requested a variance. The applicant questioned the City's authority for the ROW dedication, citing it as a taking of property without just compensation. The subdivision plat was approved as recommended by the City, with seven votes in favor and one vote in opposition. This Belton City Council Meeting March 26, 2019 - Page 13 included disapproval of the variance request to the ROW dedication requirement. Commissioner Potts cast the dissenting vote, since he supported a variance to this requirement. The Planning and Zoning Commission recommended approval of this plat, subject to the conditions below, and Staff concurs with their recommendation . 1. Disapproval of variance to the 18.5' ROW dedication requirement for George Wilson Road ; 2. Approval of variance to water flow requirement for fire protection; 3. Approval of variance to the perimeter street improvement requirement for George Wilson Road; 4. Approval of variance to the parkland dedication/fee requirement; and 5. City letter of outstanding conditions for plat approval dated March 15, 2019. Councilmember Carpenter asked if a timeline has been established for improving the water supply. Mrs. Maxwell explained that it was expected to be completed by mid- 2020 at the latest. He and Councilmember Leigh expressed concern about the low flow rate. Councilmember Dan Kirkley said that the variance requested for ROW on George Wilson Road is not a bad thing. It has been a very long time since it was widened, and it will be a long time before anything else is done to the road, so it seems to be a reasonable request to him. Councilmember Leigh said traditionally counties have not done long-range planning, but he believes that will soon change. Having ROW is good for the community, so when future plans become reality, the ROW has already been acquired. He said he supports the Staff in disapproving the variance. City Manager Listi verified with Mrs. Maxwell that the City has received a letter of support from the County on this variance request. Councilmember Holmes made a motion for approval of the plat including the variances as recommended by the Planning and Zoning Commission. The motion was seconded by Councilmember Carpenter. Item #10 was approved by a vote of 5- 1 with Councilmember Kirkley providing the dissenting vote. 11. Consider a final plat of Flores Addition, a replat of Sherwood Shores VII, Pecan Grove Section, Lots 330 and 331, comprising 0.29 acres, located south of 1-14 and west of FM 1670, near the northeast corner of Teakwood Lane and Mistletoe Drive, at 4360 and 4364 Mistletoe Drive, in Belton's ETJ. Director of Planning Cheryl Maxwell said this is a one-lot subdivision proposed for residential development. The proposed lot has frontage on Mistletoe Drive, and is located in Belton's ETJ, so there is no zoning. This replat combines two lots into one, comprising 0.29 acres. The original plat, Sherwood Shores VII , Pecan Grove Belton City Council Meeting March 26, 2019- Page 14 Section, was approved in 1967. A 25' building setback line is provided along the street frontage, along with a 1O' utility easement. Mrs. Maxwell provided a summary of the subdivision ordinance requirements as they apply to this subdivision plat. Water: This property is located within the Dog Ridge Water Supply Corporation (WSC) CCN . They have provided a letter confirming their ability to serve this subdivision. There is an existing 4" water line available to provide domestic water service to this lot. The City of Belton Fire Code requires a minimum water flow of 1,000 gpm for fire hydrants. The existing water flow is estimated at 140 gpm. The developer is requesting a variance to this requirement. Staff supports a variance to this requirement since this is a replat that represents conditions that were previously approved by Bell County with the original plat and no additional lots are being created . Dog Ridge WSC water system is limited in this location, and a fire hydrant cannot be placed on the existing 4" water line. In the event of a fire , water tanker trucks will be needed to suppress the fire. Sewer: No sanitary sewer is available to serve this subdivision. A septic system is proposed , subject to approval by the Bell County Public Health District. The lot does not meet the minimum 0.5 acre typically required for a septic system; however, this requirement does not apply to subdivisions platted before 1988. Drainage: With just one single family residence proposed on this site, and two lots being consolidated into one, minimal impact, if any, is anticipated regarding drainage. Since this property lies in Belton's ETJ, the City is not responsible for drainage and will defer to Bell County and their requirements. Streets/Sidewalks: The adjacent street, Mistletoe Drive, is a local street with 60' existing ROW. Existing pavement width is 16.9' . No additional ROW is needed. The Subdivision Ordinance requires the developer to contribute one-half the total cost of paving with curb and gutter for the portion of roadway adjacent to this plat. The developer is requesting a variance to this requirement. The Subdivision Ordinance allows waiver of this requirement for single family developments not exceeding three lots. Staff supports this request since this property is in Belton's ETJ in an area that is mostly developed already with no curb/gutter or other improvements. This area is outside the City limits, and the County is satisfied with the current facilities, which are under their maintenance. Sidewalks are not required along Mistletoe Drive, which is a local street. Parkland Dedication/Fee: Per the City's Subdivision Ordinance, residential subdivisions are required to dedicate suitable lands for the purpose of parkland and/or make a financial contribution for the acquisition and development of such parkland. One acre for each 100 new dwelling units projected is required . With only Belton City Council Meeting March 26, 2019 - Page 15 one lot, the dedication would be 0.01 acres, which is considerably short of the minimum two acres desired for dedication. The fee in lieu of dedication is $200/lot which would be $200 for this subdivision. A variance to the parkland dedication/fee requirement is requested. Staff supports the variance request since there are no plans to develop a public park in this vicinity at this time, and this replat will result in a reduction in density from two lots to one. Conclusion: Since this proposed subdivision is located in Belton's ETJ, the Bell County Engineer's Office has reviewed this plat and provided comments which have been addressed. After Council action, this plat will be taken to Bell County Commissioners Court for approval. Staff has reviewed the plat and finds it acceptable as a final plat. The Planning and Zoning Commission met on March 19, 2019, and unanimously recommended approval of this plat, subject to the conditions below. Staff concurs with their recommendation. 1. Approval of variance to water flow requirement of 1,000 gpm for fire protection; 2. Approval of variance to the perimeter street improvement requirement for Mistletoe Drive; and 3. Approval of variance to the parkland dedication/fee requirement. Upon a motion by Councilmember Holmes and a second by Mayor Pro Tern Pearson, Item #11 was unanimously approved by a vote of 6-0. 12. Consider a final plat of Wheat Road Addition, comprising 10.091 acres, located on the east side of N. Wheat Road, north of FM 93 and south of Nolan Creek, at 1603 Wheat Road, in Belton's ETJ. Director of Planning Cheryl Maxwell said this subdivision is proposed for a residential development consisting of two lots with frontage along Wheat Road. These are both "flag" lots with an access strip approximately 1,800 to 2,100 feet long. One single family residence is currently located on Lot 2. This property is located in Belton's ETJ, so there is no zoning. The County requires a 25' front yard building setback line for each lot. Lots 1 and 2 comprise 4.164 acres and 5.927 acres, respectively. The current tract that is being subdivided is a flag lot with a 35' wide access strip. This plat divides this access strip in half so each strip will now be 17 .5' wide. A 5' passage easement is also being provided from the adjacent property to the east to provide a total access strip 40' wide. There is currently a residence on that tract as well. Mrs. Maxwell provided a summary of the subdivision ordinance requirements as they apply to this subdivision plat. Belton City Council Meeting March 26, 2019 - Page 16 Water: This property is located within the Dog Ridge Water Supply Corporation (DRWSC) CCN. They have provided a letter confirming their ability to serve this subdivision with an existing 2" water main. Service is currently provided to the existing residence on Lot 2. The City of Belton Fire Code requires a minimum water flow of 1,000 gpm for fire hydrants. The existing water pressure is estimated at 125 gpm. The developer is requesting a variance to this requirement which is supported by Staff. DRWSC water system is limited in this location, and a fire hydrant cannot be placed on the existing 2" water line. In the event of a fire, water tanker trucks will be needed to suppress the fire. Sewer: No sanitary sewer is available to serve this subdivision. A septic system is existing on Lot 2, and an additional septic system is allowed on Lot 1, subject to approval by the Bell County Public Health District. The lots exceeds the minimum 0.5 acre required for a septic system . Drainage: Drainage calculations have been provided and reviewed . Since this property lies in Belton's ETJ, the City is not responsible for drainage and will defer to Bell County and their requirements. Streets: The Thoroughfare Plan identifies Wheat Road as a minor arterial near this vicinity, which requires a ROW width of 100'. The extension of this roadway northward splits off and transitions to the future Lake to Lake Road. However, the exact alignment of this future roadway is uncertain in this vicinity. Wheat Road currently has approximately 95' ROW in this general location. No additional ROW is requested at this time. Regarding perimeter street improvements, Wheat Road is constructed with a pavement width of 28' with a bar ditch drainage system. The Subdivision Ordinance requires the developer to contribute one-half the total cost of paving with curb and gutter for the portion of roadway adjacent to this plat. The developer is requesting a variance to this requirement. Staff supports this request since this property is in Belton's ETJ in an area that has no curb/gutter or other improvements. This area is far outside the City limits, and the County is satisfied with the current facilities , which are under their maintenance. Access: The Subdivision Ordinance requires all lots to have "adequate access to an existing or proposed public street" by frontage of not less than 20'. Bell County requires a minimum frontage of 50' for each lot. The lots each have 17.5' of frontage. The applicant is requesting a variance to this requirement. An additional 15' of frontage is being provided as a passage easement for a total width of 50' along Wheat Road . The access strips remain 17.5' feet for the entire length. A 5' passage easement is being provided from the adjacent property to the east for the length of the access strip to secure a total access width of 40'. This is acceptable for access and for a fire lane provided the entire easement remains open and is not Belton City Council Meeting March 26, 2019 - Page 17 fenced. This is a condition of approval of the requested variance. A note to this effect is provided on the plat. The developer also owns the adjacent tract to the east of proposed Lots 1 and 2. An access easement across Lot 1 is provided on the plat to secure access to this unplatted tract that has no frontage on a public street. Sidewalks: The Subdivision Ordinance requires the developer to construct and install a 6-foot wide sidewalk along the subdivision side of arterial streets, which would apply to Wheat Road. This requirement is waived since the plat is in Belton's ETJ, and no entities have assumed responsibility for sidewalk maintenance. Parkland Dedication/Fee: Per the City's Subdivision Ordinance, residential subdivisions are required to dedicate suitable lands for the purpose of parkland and/or make a financial contribution for the acquisition and development of such parkland . One acre for each 100 new dwelling units projected is required. With only two lots, the dedication would be 0.02 acres, which is considerably short of the minimum two acres desired for dedication. The fee in lieu of dedication is $200/lot which would be $400 for this subdivision. A variance to the parkland dedication/fee is requested. Staff supports the variance request since there are no plans to develop a public park in this vicinity at this time, and a considerable amount of open space is provided on these lots to satisfy the needs of the lot owners. Conclusion: Since this proposed subdivision is located in Belton's ETJ, the Bell County Engineer's Office has reviewed this plat and provided comments that are being addressed. After Council action, this plat will be taken to Bell County Commissioners Court for approval. Staff has reviewed the plat and finds it acceptable as a final plat, subject to conditions identified in the City's letter dated March 15, 2019. The Planning and Zoning Commission met on March 19, 2019, and unanimously recommended approval of this plat, subject to the conditions below. Staff concurs with their recommendation. 1. Approval of variance to water flow (1,000 gpm) requirement for fire protection ; 2. Approval of variance to perimeter street improvements requirement for Wheat Road; 3. Approval of variance to requirement that lots have 20' frontage on a public street to allow access via a 40' wide passage easement, provided this easement remains open and is not fenced; 4. Approval of variance to the parkland dedication/fee requirement; 5. Bell County approval of variance to their 50' minimum lot frontage requirement for Lots 1 and 2; and 6. City's letter of conditions dated March 15, 2019. Belton City Council Meeting March 26, 2019 - Page 18 Councilmember Carpenter asked if Dog Ridge WSC has any plans to improve the water system in this area. Mrs. Maxwell said she was not aware of any plans. Councilmember Holmes asked if the road will be accessible by emergency vehicles. Mrs. Maxwell said with the 40' width and no fencing, it should be. However, it will be considered a private drive, so paving is not required. Councilmember Leigh said it was a private drive until now we have a plat. He added that the City has a requirement for no more than 600 feet on a road before there is a requirement for a second exit. He expressed concern stating that it is not ideal for future development. He also questioned the ability to maintain access to the rear of the property as it is a landlocked piece of property. Ace Reneau of Mitchell and Associates said the applicant lives in the house on the property, and he has a contract to sell his current house. He plans on building a new residence on another portion of the property, but he intends on keeping the front four acres in order to maintain access to the rear acreage. He said that the area is nearly impassible when it is wet, so that is the reason the owner kept the full four acres in order to maintain access. Councilmember Kirkley made a motion for approval of the plat, but since there was no immediate second to the motion, the Mayor called for additional discussion. Mayor Pro Tern Pearson said he sees Councilmember Leigh's position , but he also believes that there should be some grandfathering allowed since the County and the property owner are both okay with the existing conditions. Mrs. Maxwell said the County's Representative believes the Commissioner's Court will be supportive of variance approval, but he cannot speak for them . Councilmember Holmes said , "But they were supportive of approval with no other development allowed , correct?" Mrs. Maxwell said that is correct. Mr. Pearson asked if the County is aware that there could possibly be three houses built on the property. Mr. Reneau said he believes that they are aware. He added that the property owner originally wanted to subdivide the two lots, maintaining one of the lots to access the rear property. The City requested that the access easement be shown on the plat although the property owner did not want to do that. The Engineer added it at the City's insistence so that it would prevent landlocked property. Councilmember Leigh said that should the property owner decide to sell the rear property, he would have to provide an access easement to that property before he sold it, so in his opinion , he feels the Staff is being proactive in requiring it at this time. Councilmember Carpenter seconded Councilmember Kirkley's motion, and Item #12 was approved by a vote of 4-2 with Councilmembers Leigh and Holmes dissenting . Belton City Council Meeting March 26, 2019- Page 19 Miscellaneous 13. Receive a presentation on the Comprehensive Annual Financial Report for Fiscal Year 2018. Kristy Davis of Jaynes, Reitmeier, Boyd & Therrell presented the City's Compre- hensive Annual Financial Report (CAFR) for Fiscal Year 2018. Her presentation is attached as Exhibit "A." Councilmember Leigh noted that the net position of the General Fund remained flat while the Water and Sewer Fund increased. There was no action required by the Council on this item. There being no further business, the Mayor adjourned the meeting at 6:41 p.m. ~o,- City of Belton, Texas EXHIBIT "A" Report to City Council March 26, 2019 Audit Scope and Results Introductory Section Financial Section Independent Auditor’s Report Management’s Discussion and Analysis Basic Financial Statements • Government-wide financial statements • Fund financial statements • Notes to Financial Statements Required Supplementary Information Combining and Individual Fund Statements and Schedules Statistical Section Audit Scope and Results The financial statements are the responsibility of management. Our responsibility is to conduct an audit of those financial statements in accordance with generally accepted auditing standards, and express opinions on those financial statements based on our audit. Audit Scope and Results Plan and perform audit to provide reasonable assurance that financial statements are free of material misstatement. Procedures selected depend on the auditor’s judgment, and include: • Obtaining and examining evidence, on a test basis, supporting the amounts and disclosures in the financial statements • Evaluating accounting principles used and reasonableness of estimates made by management • Evaluating the overall financial statement presentation Audit Scope and Results As a result of our audit procedures, in our opinion, . . . . . . the financial statements do present fairly, in all material respects, the financial position at September 30, 2018, and the changes in financial position and cash flows for the year then ended . . . Total Net Position Government-Wide Financial Statements $80,000,000 $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000 $0 2014 2015 2016 2017 2018 Changes in Fund Balance General Fund 2018 2017 Revenues $ 14,148,316 13,432,568 Expenditures (12,863,864) (12,308,240) Excess of revenues over 1,284,452 1,124,328 expenditures Other financing sources (1,275,860) (898,923) (uses) Net change in fund $ 8,592 225,405 balance Total Fund Balance General Fund $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $- 2014 2015 2016 2017 2018 Unrestricted Fund Balance General Fund Nonspendable $ 6,699 Restricted 307,376 Assigned 819,205 Unassigned 5,122,832 Total $ 6,256,112 Unrestricted fund balance (last two categories) totals $5,942,037 or 46% of 2018 expenditures (approximately 5.5 months of expenditures) Operating Results Proprietary Funds 2018 2017 Operating revenue $ 8,958,919 8,246,690 Operating expenses (7,323,075) (7,478,686) Operating income 1,635,844 768,004 Nonoperating rev (exp) (222,124) (411,228) Contributions and transfers 1,900,972 2,521,291 Change in net position $ 3,314,692 2,878,067 Compliance and Internal Control Compliance with laws and regulations is the responsibility of management. We conducted audit procedures over the City’s compliance with the Public Funds Investment Act and state competitive bidding requirements and found no instances of noncompliance. Compliance and Internal Control Considered internal controls to design audit procedures, but not to express opinion on the effectiveness of controls. No material weaknesses or significant deficiencies reported. City of Belton, Texas Report to City Council March 26, 2019