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Home My WebLink About1998-224ORDINANCE NO i 0 &qA AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT COMPRISING 30 320 ACRES, LOCATED NORTH OF HIGHWAY 77, EAST OF INTERSTATE 35, CLASSIFYING THE ANNEXED PROPERTY AS COMMERCIAL, CONDITIONED (C[c]) ZONING CLASSIFICATION AND USE DESIGNATION, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND DECLARING AN EFFECTIVE DATE WHEREAS, the City of Denton wishes to extend its City limits line to include the 30 320 acre tract as described in Exhibit A, and WHEREAS, public hearings were held in the Council Chambers on April 21, 1998, and May 12, 1998, to allow all interested persons to state their views and present evidence hearing upon this annexation, and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on June 2, 1998, and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter, and WHEREAS, after a public hearing the City of Denton Zoning and Planning Commission recommended the annexation and also recommended that the zoning be designated Commercial Conditioned (C [c])distnct classification and use designation, and WHEREAS, the City Council finds that the designation of zoning will be in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the tract of land described in Exhibit A, attached hereto and incorporated by reference, is annexed to the City of Denton, Texas SECTION II That the service plan attached as Exhibit B, and incorporated by reference, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance SECTION III That the annexed property is classified as Commercial, conditioned (C[c]) zoning district classification and use designation, with the following condition Page 1 of 3 1 Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion into the night sky SECTION IV That the City's official zoning map is amended to show the Commercial, conditioned, (C[c]) zoning district classification and use designation of the property annexed SECTION V Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all the real property described in Exhibit A regardless of whether any other part of the described property is hereby effectively annexed to the City If any part of the real property annexed is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were expressly described in this ordinance SECTION VI That any person violating any provision of this ordinance relating to the Commercial, conditioned, (C[c]) zoning district classification and use designation shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION VII That this ordinance shall become effective thirty (30) days from the date of its final passage and publication, and the City Secretary is hereby directed to cause the entire ordinance to be published once and the descriptive caption to be published twice in the Denton Record -Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage / PASSED AND APPROVED this the day of 1998 JA LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY Page 2 of 3 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Docum®nts\Ordmances\98\Annexanon A 76 doc Page 3 of 3 Exhibit A Metes and Bounds Description 30 320 Acres ANNEXATION EXHIBIT S L Johnson Survey A-683 and Alexander While Survey A— 1406 Denton County Texas BEING a tract of land in Denton County Texas, part of the S L Johnson Survey, Abstract No 683, and the Alexander White Survey, Abstract No 1406and being part of that certain tract descr'bed by estrument to Rancho 'Vista Records of Denton County evelopment ,mTexas (DRDCT)sad particularlytractpany as ebeingdmorein alume rl Page465 Deed described by metes and bounds as follows COMMENCING at the northerly northeast corner for the intersection of Interstate Highway 35 (1-35 300' ROW) and U S Highway 77 (120' ROW) THENCE North 0019 24' West with the east right—of—way for 1-35, a distance of 606 74 feel to a point, THENCE North 88 44 07' East, a distance of 33004 feet to the POINT OF BEGINNING, THENCE North 0009-51' West continuing with said east right—of—way a distance of 104683 feet to a point for corner, THENCE South 88 38 10" East, a distance of 756 60 feel to a point for corner, THENCE South 010342" West, a distance of 106296 feet to a point for corner, 4 THENCE South 87 27-40 East, a distance of 126 62 feet to a point for corner, THENCE South 01 04 21" West, o distance of 982 27 feet to a point for corner THENCE North 5737'53" West, a distance of 79138 feet to a point for corner, THENCE North 0019'24' West, o distance of 601 75 feet to a point for corner, THENCE South 8844'07' West, a distance of 17003 feet to the POINT OF BEGINNING and containing 30320 acres EXHIBIT B ANNEXATION SERVICE PLAN CASE NUMBER A-76 AREA 30 32 Acres LOCATION North of Highway 77, east of Interstate 35 Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule A Streets and Roads Access is available currently via Interstate 35 and Highway 77, each with excess capacity B Water / Wastewater Services Water will be available at the east side of the 1-35 right-of-way by late 1998 and currently available at the south side of Highway 77 right-of-way Wastewater service is currently available at the east side of 1-35 right-of- way and at the south side of Highway 77 right-of-way C Electric Distribution Electric service is currently available in the area D Solid Waste Collection and Disposal The City currently serves adjacent property E Police Services The City currently serves adjacent property F Fire Protection and Emergency Medical Services (EMS) The City currently serves adjacent property Station #5 is less than 2 miles from the subject property G Parks and Recreation Services The City currently serves adjacent property North Lakes Recreation Area is less than 2 miles from the subject property H Library Services The City currently serves adjacent property Code Enforcement Building Inspections and Consumer Health Services The City currently serves adjacent property J Planning and Development Services The City currently serves this property K Capital Improvement Program (CIP) The CIP of the City is prioritized according to the following guidelines 1 Provision of Capital Improvements as compared to others areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies 2 The overall cost-effectiveness of providing a specific facility or Improvement The annexed area will be considered for public Improvements in the upcoming CIP This tract will be considered according to the established guidelines