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HomeMy WebLinkAboutJanuary 10, 2000 Agenda AGENDA CITY OF DENTON CITY COUNCIL JANUARY 10, 2000 Special Called Meeting of the City of Denton City Council on Monday, January 10, 2000 at 12:00 noon in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: Consider adoption of an ordinance annexing approximately 1.5 acres located west of State School Road, north of its intersection with Robinson Road in the Oakmont II subdivision; establishing One-Family Dwelling (SF-7) zoning district classification and use designation; and providing an effective date. The Planning and Zoning Commission recommends approval 7-0. Second reading. (A-94, Oakmont II, Boundary Adjustment with City of Corinth) Consider adoption of an ordinance annexing approximately 17.2 acres located south of Robinson Road in the Oakmont IV subdivision; establishing Planned Development (PD- 111) zoning district classification and use designation by approving a Concept Plan; and providing an effective date. The Planning and Zoning Commission recommends approval 7-0. Second reading. (A-95, Oakmont IX Boundary Adjustment with City of Corinth) CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of ,2000 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: January 10, 2000 DEPARTMENT: DCM: Planning Departmen~ David Hill, 349-83 SUBJECT - Oakmont II, Boundary Adjustment with City of Corinth (A-94) Consider adopting an ordinance annexing approximately 1.5 acres located west of State School Road, north of its intersection with Robinson Road in the Oakmont II subdivision; establishing One-Family Dwelling (SF-7) zoning district classification and use designation; and providing an effective date. The Planning and Zoning Commission recommends approval 7 - 0. Second Reading. BACKGROUND The City Council conducted a public heating for this item at its January 4, 2000 meeting. An ordinance to annex property into the city requires an affirmative vote of at least six members of City Council. Because there were only five members of council present at the time of consideration, Council was unable to take action on the item. A special meeting was called because of the time constraint imposed on the second reading of the ordinance by the Texas Local Government Code. State law requires that the second reading of an annexation ordinance must be completed within ninety days of the first reading of the ordinance. The first reading of this ordinance was approved on October 12, 1999. January 10, 2000 is the ninetieth day after October 12, 1999. PRIOR ACTION / REVIEW (Council, Boards, Commissions) Thc Planning and Zoning Commission recommended approval (7 - 0) of the annexation and zoning designation at its meeting on September 22, 1999. ATTACHMENTS 1. City Council back-up materials from January 4, 2000 meeting ~l~oug Powell Director of Planning and Development Prepared by: Mark Donaldson Assistant Director, Planning and Development C:~,il~, l)ocu,'izcnts[CC t:~cpoct,~qCC Ac,'ion[A..94, Oalcmont If attt!r'~r & :::one, 2t~d 2nd rc. adJng~doc AGENDA INFORMATION SHEET AGENDA DATE: January 4, 2000 DEPARTMENT: Planning Depmhnent DCM: David Hill, 349-8314 SUBJECT - Oakmont II annexation and zoning (A-94) Hold a public hearing and consider adopting an ordinance annexing approximately 1.5 acres located west of State School Road north of its intersection with Robinson Road in the Oakmont II subdivision; establishing One-Family Dwelling (SF-7) zoning district classification and use designation; and providing an effective date. The Planning and Zoning Commission recommends approval (7-0). Second reading, A-94. This property is involved in a proposed boundary adjustment with the City of Corinth. The boundary adjustment is generally located in the Oakmont area of Denton and Corinth. BACKGROUND The cities of Denton and Corinth entered into a memorandum of agreement (MOA) regarding the adjustment of boundaries between the two cities in the Oakmont II area. The area within the Oakmont II subdivision is generally located north of Robinson Road and west of State School Road. To accomplish the proposed boundary adjustment, areas of both Denton and Corinth must first be disannexed and released from their respective extraterritorial jurisdictions. Once this is accomplished, the areas can be annexed and zoned by the cities according to the critei-ia outlined in the MOA. The disannexation and annexation processes required two public hearings, conducted September 7 and September 21. This first reading of the annexation ordinance was approved October 12, 1999, instituting formal annexation procedures. The ordinance was published in the Denton Record- Chronicle on October 24, 1999. This second and final reading of the ordinance was delayed from its original December 7, 1999 date to accommodate the disannexation by the City of Corinth which was completed on December 16, 1999. The MOA states that zoning reqUirements of the annexed property will not change the current status of the development. Within Denton, the Oakmont II area is within a conditioned One-Family Dwelling (SF-7[c]) zone district. The only condition of the underlying zoning relates to a required landscape buffer along the proposed route of FM 2499. The annexed area is not adjacent to the proposed FM2499 right-of-way. The proposed zoning as recommended by the Planning and Zoning Commission is One-Family Dwelling (SF-7). OPTIONS Approval of the MOA committed the city to proceed with the proposed boundary adjustment. ~:.i~v DocumentsiCC R~'pot'tsiCC Actio~[.4 -94. Oakraont Il a~vter & zone. 2~td reodb*g,doe 1. RECOMMENDATION · The Planning and Zoning Commission recommended approval of the proposed annexation and ~ One-Family Dwelling (SF-7) zoning designation at its September 22, 1999 meeting. PRIOR ACTION / REVIEW (Council, Boards, Commissions) · Memorandum of Agreement between Corinth and Denton was approved by City Council' in February, 1999. -~ · First public hearing was conducted September 7, 1999. · Second public hearing was conducted September 21, 1999. · The Planning and Zoning Commission recommended approval of the proposed annexation and zoning at its September 22, 1999 meeting. · The Council approved the first reading of the ordinance at its October 12, 1999 meeting. · The City of Corinth approved the disannexation of this property at its December.~6, 1999 meeting. : FISCAL INFORMATION The adjustment of area between the two cities is about equal. Efficiencies in the delivery of utilities and emergency services should result in cost savings for both cities. A service plan has been prepared and is incorporated into the annexation ordinance. The capacities of infrastructure and services are adequate to provide service to the proposed annexation. ATTACHMENTS 1. Location Map. 2. Site Map. 3. Draft Ordinance. 4. Schedule. R~Tectfully submitted: Mark Donaldson Assistant DireCtor, Planning and Development C:iMy DocumentstCC Reports",CC Aclion[3-94, Oakmont l[ annm: ~ :one, 2nd reading, doc 2. · ' ATTACHMENT .1 .' ~ LOCATION MAP . Oa~ontlV '"1 · ' ATTACHMENT 2 ~ oakmont i1' Annexation to Denton ORDINANCE NO. AN ORDINANCE:OF ~ CITY OF,DENTON, TEXAS, -. ANNEXING TWO TRACTS COMPRISING. 1.552 ACRES, LOCATED WEST OF STATE SCHOOL ROAD NORTH OF ITS INTERSECTION WITH ROBINSON ROAD IN THE OAKMONT II SUBDIVISION; ESTABLISHING ONE-FAMILY DWELLING (SF-7) ZONING DISTRICT CLASSIFICATION AND LAND USE DESIGNATION; AND DECLARING AN EFFECTIVE DATE (A-94). .' WHEREAS,' pursuant to Section 43.021 of the Texas Local Government Code, home role cities are authorized to fix their boundaries and exchange areas with other municipalities; ahd WHEREAS, the City of Denton and the City of Corinth entered into a Memoranduni:of Agreement (MOA), attached as Exhibit A, with regard to the adjustment of city boundaries between the two cities on February 4, 1999; and WHEREAS, the subject property is within the effective utility and service delivery area for City of Denton municipal services; and WHEREAS, pursuant to said MOA~ the City of Dent0n wishes to extend its City limits line to inclUde the 1.552 acres as described in Exhibits B and C of the MOA; and WHEREAS, public heatings were held in the Council Chambers on September 7, 1999, and September 21, 1999, to allow all interested persons to.state theirMews and pres6nt evidence bearing upon this annexation; and WHEREAS, annexation proceedings were institUted for the propgrty described herein by the introduction of this ordinance at a meeting of the City Council on October 12, 1999; and WH~REAS,'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 ~aal action, as required by City Charter; NOW, THEREFORE, THE. CoUNciL .OF THE. cITY OF DENTON HEREBY. ORDAINs: SECTION 1. That the tracts of land described in Exhibits B and C of the MOA, attached hereto and incorporated by reference, are annexed to the City of Denton, Texas. SECTION 2. 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 3. That the annexed property is classified as One-Family Dwelling (SF-7) zoning district classification and land use designation: '" So SECTION 4. That thc City's official Zoning map 'is amended to reflect this annexation and show the One-Family Dwelling (SF-7) zoning district classification and land use · .designation.'. .~ SECTI°N 5. 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 Exhibits B and C of the MOA 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 not expressly described in this ordinance. ::~ SECTION 6. That any person violating any provision of this ordinance relating to the One-Family Dwelling (SF-7) zoning district classification and use designation shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision ~fthis ordinance is violated shall constitute a separate and distinct offense. SECTION 7. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City. Secretary .is hereby directed to cause-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'ofits passage. PASSED AND APPROVED this the day of : 1999. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: JACK MILLER, MAYOR APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 COUNTY OF DENTON § · . - -.. , MO ,A UM OF AGR . -u rr · : This Memorandum of Agreement ("Agreement' is entered into as of the 4th day of February, 1999, between the City of Denton, Texas ("Denton"), a Texas home rule municipality and the City of Corinth, Texas ("Corinth'S, a city organized under the general laws of the State of Texas, and is to witness the following: WHEREAS, Denton and Corinth are adjacent municipalities which desire to make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in '.., width; and WHEREAS, it appears that the existing city llm;ts lines between D~hton and Corinth bisect a number of residential lots in a subdivision of Denton County-known as Oakmont H; and WHEREAS, it is the desire of Denton and Corinth to disannex and annex the tracts described herein to establish a joint city limits line between' the two cities that would not split any lots in the Oakmont II subdivision and Would basically nm along property lines as shown by the maps attached hereto as an exhibit; and WHEREAS, the owner of Oakrnont II has expressed its intent to the govei'ning bodies of both cities that such needed adjustment would be beneficial to the development of the subdivision and generally to the economic well-being of both cities; and WHEREAS, both Denton and Corinth deem such agreement to be beneficial to the public interest ~d to enhance the future growth and development of both cities; Now, Therefore, In consideratiori of the premises and of the agreements contained herein, Denton · and COrinth agree as foll~WS: ':'-" : ~. DISANNEXATION AND RRI,EASE OF EXTRATERRITORIAL JURISDICTION i.01 Denton agrees that it will disannex and waive extraterritorial jurisdiction over the 2.107 acre tract of land described in Exhibit ",4,", attached hereto and made part hereof for an purposes, in the manner provided by Chapter 43 of the Texas Local Government Code and the Denton City Charter. Page I 19355 o 1.02 Corinth agrees that it will disannex and waive ' · ' .... cxtratemtonai 3unsdlctlon over tracts of 1.469 acres and 0.83 acites respectively, describc-d;in Exhibits "B" and "C'; attached hereto and made part hereof for all purposes, in the manner provided by Chapter 43 of the Texas Local Government Code. 1.03 Upon the disaur/exati0n and waiver ofeXtratdrritorial jUrisdiction bY Denton and · : . Corinfli as .Provided in'Sections' 1.01 and-1.02 above, the boundaxie~ 'of Denton and Corinth shall be 'adjusted accordingly, subject· to the annexation actions' by' each contemplated in Section II. II. Corinth agrees that it will proceed in the manner authorized by law to annex the property described in Exhibit "A". Denton agrees that it will proceed in the marm~r provided by la~v to annex the property described in Exhibits "B" and "C"..The partie~:~.: understand and agree that the existing city limits and the proposed city limits are fairly and accurately depicted on the annexation exhibit prepared by USA Professional Services Group, Inc., dated May, 1998, attached hereto as Exhibit "D" and made part hereof for all purposes. IlL ZONING AND PLATS Both cities recognize that all property that is subject to this Agreement may can-y temporary zoning classifications under the applicable ordinance and be subject to the platting reqUirements of the city which will annex such property. The parties understand that the Oakmont subdivision is basically the same in both cities and the appropriate zoning and platting requirements should not change the current status of the development. IV. · ..CHARACTER OF AGREEMENT; BREACH The parties agree that this Agreement is entered into only for the disannexation and annexation of the trac. ts described herein and is not an inteflocal cooperation ' agreement for the joint Performanc6 of ahy services by the parties. Failure of either Cit.- to perfon~ the terms of this Agreement shall Constitute a breach hereof, and the aggrieve[:l City may file suit in a court'of competent of'jurisdiction to enforce the provisions of this Agreement, including recovery of court costs and attorney's fees. Page 2 19355 The parties agree that the legislative acts to be performed hereunder will be coordinated between them so as to be performed simultaneously or as close thereto as possible, consistent vA.'th applic .a.~l.~ law; .... · · Vii .- SEV.____ERABILITY If any provision of this Agreement is held to be illegal, invalid or unegorceable, the legality, validity or enforceability of the remaining provisions of this Agreement shall not be affected and shall remain in full force and effect. In witness whereof, Denton and Corinth, acting under the authority of their" respective governing bodies, have caused this Agreement to be executed in duplicate '~" originals as of the date first written above. :: CITY OF DENTON, TEXAS APPROVED AS TO FORM: CITY ATTORNEY. (rld/sb 11-17-9 ) CITY OF CORINTH, TEXAS MAYOR / ATTEST: CITY SECRETARY ("'~PPROVED AS TO FORM' CITY ATTORNEY Page 3 F. xh:tb:t t: "A" DEANNEXA'i'ION FRoM CITY OF DENTON, TEXAS 91,797 Square Feet or 2.107 Acres · . ...'May, 1998. BEING a tract Or parCejof, iar~d~it'U~ted in' the stephen Hembrie'Survey, AbstraCt Number 643, in the City Of Denton, Denton county, Texas, and being part of a tract of land conveyed to Lennox Oaks II, LP. by Deed recorded in the Real Property RecordS of= Denton County, Texas, Denton County Clerk's File Number _ , and being more particularly described as follows: COMMENCING .at a point at the intersection ot' the East line of State School Road (a 60 foot wide right-of-way) With the South line of Hidden Oaks (a 75 foot wide right-of-way), said point also being the Northwest comer of Lot 20, Block' 1..2 o1' Oakmont Estates - Section One as recorded in Cabinet F, Page 38 of the Mal~ Records of Denton County, Texas; THENCE South 15°44'00" East along the East line of said State Sch6ol Road, a distance of 144.28 feet to a point for corner;, THENCE South 74°16'00" West departing the East line of said State School Road, a distance of 344.00 feet tO the POINT OF BEGINNING; THENCE North 15°44'00" West a diStance o1"725.15 feet to a point for corner; THENCE North 87°01'55" East a distance o1' 119.97 feet to a point for comer; THENCE North 59°31'13" East a distance of 61.43 feet to a point for corner; THENCE North 74°16'00" East a distance of 82.70 feet to a point for corner; THENCE South' O4°12'20- West a distance of 759.83 fee! to the POINT OF BEGINNING and containing 91,797 square feet or 2.107 acres of land, more or less. 10. Exh:ib:Lt ti.B". ANNEXATION TO TH'E-' . CiTY:.OF DENTON, TEXAS :' 64,006 Square Feet or 1.469 Acres .May, 1998 SEINe a tract or parcei of iand :sitUated in ~ LeVi yoU~ig SUrvey, 'Abstract Number~ 1451, in the city'of DentOr~, Denton Couhty, TeXas, and being part of a tract of land conveyed to Lennox Oaks I1, L.P. by Deed recorded in the Real Property Records of Denton County, Texas, Denton County Clerk's File Number. , and being more particularly described as follows: COMMENCING at a point at the intersection of the East line of State School Road (a 60 foot wide right-of-way) with the South line of Hidden Oaks (a 75 foot wide right-of-way), said point also being the Northwest corner of Lot 20, Block 12:.. of Oakmont Estates - Section One as recorded in Cabinet F, Page 38 of the Map ' Records of Denton County, Texas; THENCE South 15°~.~'00" East along the East line of said State School Road, a distance of !44.28 feet to a point for comer; THENCE South 74'16'00" West departing the East line of said State School Road, a distance of 344.00 feet t° the POINT OF'BEGINNING:, · THENCE south 15.~.~.,00, East a distance of 387.85 feet to a point for corner; THENCE South 38'24'50" East a distance of 84.72 feet to a point for corner;. THENCE South 08'29'39" East a distance of 57.69 feet to a point for corner; THENCE South 51 '35'10" West a distance of 274.93 feet to a point for corner; THENCE North 04'12'20" East a distance of 669.38 feet to the POINT OF BEGINNING and containing 64,006 square feet or 1.469 acres of land, more or less. 11. ANNEXATION TO CITY OF DENTON, TEXAS' 3,618 Square Feet or .083 Acres May, 1998' BEING. a tr'~ct or'~3arcel bf.land"~it~a[~d 'in' the Levi 'i~(~ung SurveY, AbStract 'Number 14511 in the' City of Denton, DentOn county, Texas, and being part of a tract of land conveyed to Lennox Oaks II, L.P. by Deed recorded in the Real Property Records of DentOn County, Texas, Denton County Clerk's File Number. , and being more particularly described as follows: COMMENCING at a point at the intersection of the East line of State School Road (a 60 foot wide right-of-way) with the South line of Hidden Oaks (a 75 foot wide. right-of-way), said point also being the Northwest comer of Lot 20, Block i2 of Oakmont Estates - Section· One as recorded in Cabinet F, Page 38 of the Ma~? Records of Denton County, Texas; · THENCE South 74°16'00' West a distance of 60.00 feet to a point for corner in the West line of said State School Road; THENCE North 15°4~.'00" West along the West line of said State School Road, a distance bf 150.06 feet to a point for corner; THENCE North 11°47'00" WeSt continuing along the-West line of Said State Road, a distance of 345.77 feet to the POINT OF BEGINNING; THENCE South 74°16'00" West departing the West line of said State School Road, a distance of 48.70 feet to a point for comer; THENCE North 04°12'20" East a distance of 121.30 feet to a point for comer; · THENCE North.87o01,55. East a distance of 15.36 feet to a point for corner in the West line of said State School Road; THENCE South 11°47'00" East along the West line of said State School Road, a distance Of 110.90 feet to the 'POINT OF BEGINNING and containing 3,618 square feet Or 0.083 aCres of land, more Or less. ' 12. LOCATION MAP Exchange of Land with Corinth oO .SITE Curr. e. nt City Boundary 3.3. ..... -.. ~ '-, ~,; ~':. .. · %o 'i.~. t~* ',~.' .'. ..,. '*, · '. 14. c ANNEXATION:SERVICE Pi. N 1A-94) ' -,' A Part of the Defiton - COrinth Bouhdary_Adjustment ANNEXATION SERVICE PLAN CASE NUMBER: A-94 (Oakraon~ II) AREA: . · LOCATION: 1.55 acres . . · Northeast Of intersection of State School Road and Robinson Road. Municipal services to the site described above shall be fumished by or on behalf of thc City of Denton, Texas, at the following levels and in accortl~nce with the following schedule: A. Police Protection 1. Police service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) day~: after the effective date of the annexation using existing personnel and equipment. B. Fire Protection Fire protection (within the limits of existing hydrants) and. emergency medical services will be provided to the property within sixty (60) days after the effective date of the'annexation using existing personnel and equipment. Ce Solid Waste Collection .. Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. D. Water/Was.tewater Facilities 1. Maintenance of water and wastewater facilities in the area to be anneXed that are not within the service area of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexation using existing : PerSonnel and eqUipment.. . ~ Roads and Streets Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin within sixty (60) days afte/' the effective date of the annexation using existing personnel and equipment. ' 15. ANNE ,ATION SERVICE PLAN (A-.4) · A Part of the Denton. Corinth Bounda _ry Adjusiment F. Parks and Recreation Facilities Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in the area to be annexed will begin within .sixty (60) days after the effe. ctive date Of'the annexation .usi.ng existing perSonnel 'and equipment. However, there are no existing park~, playfiroUnds~ swimming Pools, and-Other recreational facilities in the area. ' Electric Facilities 1. Electric utility service will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. H. Library Services 1. Library services will be provided within sixty (60) days after the effective date of-: the annexation using existing personnel and equipment. : L Code Enforcement, Building Inspections and Consumer Health Services 1. Code enforcement, building inspections and consumer health services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Planning and Development services 1. Planning and development Services will be provided within siXty (60) days after the effective date of the annexation using existing personnel and equipment. The Planning and Development Department currently provides services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. K. Capital Improvements Program (ClP) The CIP of me city is prioritized according to the following guidelines: (1) Provision of Capital Improvements as compared to other 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 CIP improvements in the upcoming CIP plan. This property will be considered according to the established guidelines. 16. Attachment 4 Schedule Disannexation Annexation Zoning Planning and Zoning Commission Public Hearing Public Hearing I Public Hearing September 22 September 22I September 22 City Council Public Hearing Public Hearing #1 September 7 September 7 Public Hearing Public Hearing #2 September 21 September 21 ", First Reading First Reading October 12 October 12 SPECIAL CALL SPECIAL CALL Second Reading Second Reading Public Hearing/Action November 16 January 4, 2000 January 4, 2000 C:iM), L>ocum¢#t~ ~CC l~¢7~ort$iCC'ActR~".,.4-94, O~t,~mont 11 an~mr ~f~ ::x)lte. 2nd reading, doc 17. AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: DCM: January 10, 2000 Pla v ~2 nHgi ]~ e~4~_~i~i¢ SUBJECT - Oakmont IV, Boundary Adjustment with City of Corinth (A-95) Consider adopting an ordinance annexing approximately 17.2 acres located south of Robinson Road in the Oakmont IV subdivision; establishing Planned Development (PD-111) zoning district classification and use designation by approving a Concept Plan; and providing an effective date. The Planning and Zoning Commission recommends approval 7 - 0. Second Reading. BACKGROUND The City Council conducted a public hearing for this item at its January 4, 2000 meeting. An ordinance to annex property into the city requires an affirmative vote of at least six members of City Council. Because there were only five members of council present at the time of consideration, Council was unable to take action on the item. A special meeting was called because of the time constraint imposed on the second reading of the ordinance by the Texas Local Government Code. State law requires that the second reading of an annexation ordinance must be completed within ninety days of the first reading of the ordinance. The first reading of this ordinance was approved on October 12, 1999. January 10, 2000 is the ninetieth day after October 12, 1999. PRIOR ACTION / REVIEW (Council, Boards, Commissions) The Planning and Zoning Commission recommended approval (7 - 0) of the annexation and zoning designation at its meeting on September 22, 1999. ATTACHMENTS 1. City Council back-up materials from January 4, 2000 meeting Doug Powetl Director of Planning and Development Prepared by: Mark Donaldson Assistant Director, Planning and Development AGENDA INFORMATION SHEET Agenda Agenda Item _ Date, AGENDA DATE: DEPARTMENT: DCM: January 4, 2000 Planning Department DaVid Hill, 349-8314 SUBJECT - Oakmont IV annexation and zoning (A-95) Hold a public hearing and consider adopting an ordinance annexing approximately 17.2 acres located south of Robinson Road in the Oakmont IV subdivision; establishing planned development (PD-111) zoning district classification and use designation by approving a Concept Plan; and providing an effective date. The Planning and Zoning Commission recommends approval (7-0). Second reading, A-95. This property is involved in a proposed boundary adjustment with the City of Corinth. The b~undary adjustment is generally located in the Oakmont area of Denton and Corinth. BACKGROUND The cities of Denton and Corinth entered into a memorandum of agreement (MOA) regarding the adjustment of boundaries between the two cities in the Oakmont IV area. The area within the Oakmont II subdivision is generally located south of Robinson Road.in the Oakmont Country Club area. To accomplish the proposed boundary adjustment, areas of both Denton and Corinth must first be disannexed and released from their respective extraterritorial jurisdictions. Once this'is accomplished, the areas can be annexed and zoned by the cities according to the criteria outlined in the MOA. The disannexation and annexation processes required two public heatings, conducted September 7 and September 21.. This first reading of the annexation ordinance was approved October 12, 1999, instituting formal annexation procedures. The ordinance was published in the Denton Record- Chronicle on October 24, 1999. This second and final reading of the ordinance was delayed from its original December 7, 1999 date to accommodate the disannexation by the City of Corinth which was completed on December 16, 1999. The MOA states that zoning requirements of the annexed property will not change the current status of the development. Within Denton, the Oakmont IV area is within a planned development (PD-111) zone district. The proposed zoning as recommended by the Planning and Zoning Commission is to incorporate the property into the adjacent planned development (PD-111) zone district by approving a concept plan. OPTIONS Approval of the MOA committed the city to proceed with the proposed boundary adjustment. C:iMy Documents!CC R~'portsiCC Action[,4.95. O~onont 11; annex and zone. 2nd reading.doc RECOMMENDATION · The Planning and Zoning Commission recommended approval of the proposed annexation and concept plan for planned development (PD-111) zoning designation at its September 22, 1999 meeting. PRIOR ACTION / REVIEW (Council, Boards, Commissions) · Memorandum of Agreement between Corinth and Denton was approved by City Council in May, 1999. · First public heating was conducted September 7, 1999. · Second public hearing was conducted September 21, 1999. · The Planning and Zoning Commission recommended approval of the proposed annexation and zoning at its September 22, 1999 meeting. · The Council approved the first reading of the ordinance at its October 12, 1999 meeting..., · The City of Corinth approved the disannexation of this property at its December 1.6, 1999 meeting. FISCAL INFORMATION The adjustment of area between the two cities is about equal. Efficiencies in the delivery of utilities and emergency services should result in cost savings for both cities. A service plan has been prepared and is incorporated into the annexation ordinance. The capacities of infrastructure and services are adequate to provide service to the proposed annexation. ATTACHMENTS 1. Location Map. 2. Site Map. 3. Draft Ordinance. 4. Schedule. Rp~.ectfully submitted: Mark Donaldson Assistant Director, Planning and Development C:iMy DocumcmsiCC RcportslCC Action[,<t-95, Oalo~ont l~' annex and zone. 2nd reading.doc 2. LOCATION MAP. OakmontlV 3. ATTACH~NT:!:2 Annexation to Denton'. ~ ,° o ORDINANCE NO. -AN ORDINANCE OF THE CITY.' OF DENTON, TEXAS, ANNEXING TwO TRAcTs COMPRISING 17.172'ACRESj LOCATED SOUTH OF ROBINSON ROAD'IN THE OAKMONT IV SUBDMSION; ESTABLISHING PLANNED DEVELOPMENT (PD-111) ZONING DISTRICT CLASSIFICATION AND LAND USE DESIGNATION BY APPROVING A CONCEPT PLAN; AND DECLARING AN EFFECTIVE DATE (A-95). WHEREAS, pursuant to Section 43.021 of the Texas Local Government Code, home rule cities are authorized to fix their boundaries and exchange areas with othei municipalities; and WHEREAS, the City of Denton and the City of Corinth entered into a Memorandu//i:of Agreement (MOA), attached 'as Exhibit A, with regard to the adjustment of city boundafi%s between the two cities on May 6, 1999; and WHEREAS, the subject property is within the effective utility and service delivery area for City of Denton municipal services; and WHEREAS, pursuant to said MOA, the City of Denton wishes to extend its City limits line to include the 17.172 acres as described.in Exhibit A' of the MOA; and WHEREAS,. public hearings were held in the Council Chambers on September 7, 1999, and September 21, 1999, to allow all interested persons to state their views and present evidence bearing 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 October 12, 1999; and · WHEREAS,.t. his 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; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1~ That the.tracts of land described in Exhibit A of the MOA, attached hereto and incorporated by reference, are annexed to the City of Denton, Texas. ~ECTION 2. 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 3. That the annexed property is classified as Planned Development (PD-111) with approval of the Concept Plan Development Standards described in Exhibit C, attached hereto and incorporated by reference. ° '" SECTION 4. That the City's official zoning map is amended to reflect this annexation and show the Planned Development (PD-111) zoning'district classification and land use designation. ,SECTION 5. Should any pan 0fthis ordinance be held illegal for any reas°n, 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 of the MOA' regardless of whether any other part of the described property is h~reby effectively annexed to the City. If any pan 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 not expressly described in this ordinance. : SECTION 6. That any person violating any provision of this ordinance relating to: the Planned Development (PD-111) zoning district classification and use designation shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision 0.f this ordinance is violated shall constitute a separate and distinct offense. SECTION 7. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the. descriptive caption to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (!0) days of the date of its passage. PASSED AND APPROVED this the __ day of ,1999. ATTEST: JENNIFER WALTERS, CITY SECRETARY JACK MILLER, MAYOR APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 6. STATE OF TEXAS COUNTY OF DENTON · MEMORANDUM OF AGREEMENT' This Memorandum of Agreement ("Agreement") is entered into as of the 6thday of May ,1999, between the City of Denton, Texas ("Denton"), a Texas home rule municipality and the City of Corinth, Texas ("Corinth"), a city organiz6d under the general laws of the State of Texas, and is to witness the following: WHEREAS, Denton and Corinth are adjacent municipalities which desire to make mut~Mly agreeable changes in their boundaries of areas that are less than 1,000 feet ih width; and '":' WHEREAS, it appears that the existing city limits lines between I~enton and Corinth split a subdivision of Denton County known as Oakmont IV; and WHEREAS, it is the desire of Denton and Corinth to disarmex and annex the tracts described herein to establish a joint city limits line between tl3. e two cities that will enhance the development of Oakmont IV subdivision in each.city and be as shown by the maps attached hereto as exhibits; and · Wi-IEREAS, the owner of Oakmont IV has expressed its intent to the governing bodies of both cities that such needed adjustment would be beneficial to the devel6pment of the subdivision and generally to the economic well-being of both cities; and WHEREAS, both Denton and Corinth deem such agreement to be beneficial to the public interest and to enhance the future growth and development of both cities; Now, Therefore, .. In consideration of the premises and of the agreements contained herein, Denton and Corinth agree as follows: - DISANm XnTION AND P L] ASE OF ] XTP-AT mUTOtUAL JUPaSDICTION .1.01 Corinth agrees that it will disannex and waive extraterritorial jurisdiction over the i7.172 acre tract of land described in Exhibit "A", attached he, fete and made part hereof for ail purposes; in the manner provided by Chapter 43 of tho Texas Local Government Code. 1.02 Denton agrees that it will disanne:/and waive extratenitofial jurisdiction over tracts of 10.603 acres and 5.709 acres respectively, described in Exhibits "B" and "C", attached Page I 19355 e hereto and made part hereof for all.purposes, in the manfler. ~.rovided by Chapter.43 of the Texas Local Government Code. .-~.~;. t.03 Upon the disannexation and waiver of extraterritorial jurisdiction by the cities as provided in Sections 1.01 and 1.02 above, the bound/u/es of Denton and Corinth shall be adjusted acc.ordingly, subject to the annexation actions by/eaqh' contemplated in Section II.'.. · II. ANNEXATIONS Denton agrees that it will proceed in the manner authorized by law to annex the property described in Exhibit "A". Corinth agrees that it will proceed in the manner provided by law to annex the property described in Exhibit. s "B" and "C" attached hereto. III. ":" ZONING AND PLATS Both cities recognize that all property that is subject to this Agreement may carry temporary zoning classifications under the applicable ordinance and be subject to the platting requirements of the city which will annex such property. The parties understand that the Oakmont subdivision is basically the same in both cities and the appropriate zoning and platting requirements should not change the current status of the development. IV. CHARACTER OF AGREEMENT; BREACH The parties agree that this Agreement is entered into only for the disannexation and annexation of the tracts described herein and is not an intedocal cooperation agreement for the joint performance of any services by the parties. Failure of either City to perform the terms of this Agreement shall constitute a breach hereof, and the aggrieved City may file suit. in a court of competent of jurisdiction to enforce the provisions of this Agreement, including recovery of court costs and attorney's fees. Page2 19355 The parties agree that the legislative acts to be performed hereunder will be coordinated between them so as to be performed simultaneously or as close thereto as possible, consistent with applicable.law. . SEVER mITY If any provision of this Agreement is held to be illegal, invalid or u~enforceable, the legality, validity or enforceability of the remaining provisions of this Agreement shall not be affected and shall remain in full force and effect. In witness whereof, Denton and Corinth, actin~ under the authority of their respective governing bodies, have caused this Agreement to be executed in duplicate;:;:. originals as of the date first written above. CITY OF DENTON, TEXAS BY: ~TY~li[__ETARY' - _ APPROVED AS TO FORM: ~ITY ATTORNEY. (rid/4-23-99) CITY OF CORINTH, TEXAS ATTEST: CITY SECRETARY " CITY ATTORNEY Page 3 19355 LEGAL DESCRIPTION. "- ' ' '~ TRACT 1 -17.110 ACRES BEING a tract of land situated in thc Beny bicrC~t Survey, Abstract Number 800, Denton' County, Texas and being a portion of that ii-act of land formerly described by deed to Timb~rglei(~ as recorded in County Clerks Filing Number 95oR0079950 and blng more particularly described by mc. rcs and bounds as follows: · COMMEN~ING ~t the most northerly northwest coruer of said Timb~rglen Company tract said · point being in'the So~ith i~ht-of-way lin~ of Robinson Road ( an 8O' Righi-of-way); ' THENCE S 03'35'36"W, 1451.81 feet to the POINT OF BEGINNING. THENCE S 86°55'29"E, 155.87 feet; THENCE N 59°31'5 I"E, 79.49 feet to the beginning ora curve to the right; THENCE with said curve to the right, through a central angle of 08°48'43", hay!ag a radius of 270.00 feet, the long chord ofwhlch bears S 18°04'26"E, 41.48 feet, an arc distance of 41.53 feet; THENCE N 83°23'28"E, 183.73 feet; THENCE S 07°58'3 I"W, 46.39 feet; r THENCE $ 06°36'32"E, 735.13 feet; THENCE S 52°55'03"W, 280.98 feet; THENCE S 07° 14'55"W, 394.58 feet; THENCE S 03 °49'09"E, 585.42 feet t° a point in the City Limit'line between 1he cityofDenton and the City of Corinth; THENCE N 85 °44'40"W, 365.72 feet along said City Limit line; THENCE N 03 °06'13"E, 1883.13 feet along said City Limit line to the POINT OF BEGINNING and containing 745,290 square feet or 17.110 acres of land more or less. C&B Job No. 981727'01'4 ..... '" S#XXX J:kIOB~98172714~UR\WP~EG\G001.OUT · February 18, 1999 j~'"' Page 1 of i 10. EXHIBIT . .. LEGAL DESCRIPTIOH · ' TRACT 2 -'0.062 ACRES . _ .~. BEING a tract of land situated in tho A.H. Serran Survey, Abstract Number 1 ! 98, Denton · County, Texas and be{ag a pod{on of'that Iract of land formerly described by deed to Timberglen as recorded {n County Clerks Fil{ng Number 95-R0079950 and blng more particularly described by metes and bounds as follows: . .. ' COMMENCING at'the most'n°rthedy northwest corner ofsald Timbcrglen Company tract sald point being in tile soUth rlght~of-way line of Rob|nsgn Road (an 80~ Right-of-Way); THENCE S 03°35'36"W, 1451.81 feet; THENCE S 03°06'13"W, 1883.13 feet; THENCE S 85 °44'40"E, 365.72 feet; THENCE S 03 °49'04~'E, 3.56 feet to the POINT OF BEGINNING said point beingon tile City Limit line between the City of Denton and th~ City of Corinth; THENCE S 02°41'50"W, 380.23 feet departing said City Limit line; THENCE S 82°17'$9"W, 14.37 feet retumlng to sald City Limit liue; :' --'THENCE N 04°48'42"E, 383.08 feet nloi~g said d City Limit linc to the POINT OF BEGINNING nnd containing 2,687 square feet or 0.062 acres of land more or less. C&B Job No. 98172701~ S#XXX J:~JOBE98172714~SUR\WP\LEG\G004.OUT February 18, 1999 Page ! of i 11. $86 ° 55' 29' E * 155. A=08° 48' 43" R=2'(0. 00' L=4 I. 53' T=20.80' L.C. =SI8°04' 26"E :4 I. 48' TRACT 1 IZllO ~ICRE8 300 600 900 GRAPHIC SCALE LN £EET.. ,. 23' 28" E SOT° 58' 31"W 46.39' 14E · 77~CT 2 O. Od2 AC.RE 9"W EXHIBIT A.. AN EXHIBIT DF TWO TRACTS OF LAN0 17.110 & 0.062 ACRES SITUATED IN THE BERRY ~C~HT SURVEY ABSTRACT ~EJ~ 800 ARO THE A H SERREN St aBSTRACT N~ER 1198 O~TO~' ~TY, TEE DATE 2-1~99 ~S~- NO. D~IGNED ~E~ED JFK EXHIBIT B - · LEGAL DESCRIPTION · ' 10.603_ACRES BEING a tract ofland Situated in theA.H. Sct~en Survey, Abstract Number 1198, Denton · County, Texas and being a portion of that tract of land formerly d~crlbed by deed to Timberglen as recorded in Ceunty Clerks Filing Number 95-R0079950 and b[ng more particularly described by metes and bound-~ as follows: COMMENCING'at the most soutl~erly southeast comer of said Timberglen Company tract; .- 'THENCE N 86°28'58"W, 1799.70 feet; THENCE N 01 °30'20"W, 171,24 feet ~" THENCE N 03 °35'38"E, 643.98 feet to the POINT OF BEGINNINC] said point being on the City Limit llne between the City of Denton and Ibc City of Corinth; THENCE N 80° 15'38"W, 342.08 feet departing said City Limit line; . THENCE N 81 °06'46"W 301 82 feet; -" THENCE N 09°58'23"W, 109.67 feet; THENCE N 11004'33"E, 95.57 feet; THENCE N 46°32'45"E, 102.34 feet; THENCE N 14° 16'30"E, 214.60 feet; THENCE N i8°50'30~E, 286.00 feet; THENCE S 84°54'08"E, 487.65 feet returning to'said City Li~nlt line; THENCE S 04°52'43"W, 814.96 feet along said City Limit line to the POIHT OF BEGINNING and containing 461,887 square feet or 10.603 acres of land more or less. 981727~'I~ "' ..... :' C&:B Job No. * - .- J :LIOBL98172714LSUR\WP~Eb-AG 002 .OUT February 18, 19~}9 Page ! of I 13. G-/~ Carter,Burgess I JOB NO. 14. AN EXHIBIT OF 10.d03 .,4 C.P,E $ OF LAND $1TUATEO IN THE BERRY MERCHANT SURVEY, ABSTR~CT.;HUMBER .800, DENTON COUNTY, TEXAS IDE$1GNED .... NOLO30' 20,"W N03°35''~,, 171.24 643. ~j~l 814 96' .~. EXHIBIf'~° 'EXHIBIT C LEGAL DESCRIPTION " $.?09 A'CRIgS BEING a tract of land situated in thc A.H. Scrren Survey, Abstract Number 1 ! 98i Denton County, Texas and being a potilon of that tract of land fom~erly described by deed tu Timberglen as recorded in County Clerks F/llng Number 95-R0079950 and bin§ more particularly described by metes and bounds as follows: COMMENCING at the most southerly southeast comer ofs'ald Timbcrglcn Company tract; THENCE N 86°28'58"W, 1799.70 feet; THENCE N 01 °30'20"W, 171.24 feet to thc POINT OF BEGINNING said point being on City Limit line between the City of Denton and thc City of Corinth; THENCE N 85°42'20"W, 724.62 feet along said City Limit line; THENCE N 04' 17'40"E, 226.51 feet departing said City Limit line; '. '. THENCE N 77°49'41"E, 78.01 feet; '-':, THENCE N 65 °46'03"E, 293.39 feet; ... THENCE S 83°34'04"E, 388.31 feet returning to said city Limit line; .. THENCE S 03°40'55"W, 374.27 feet along said City limit line to the POINT OF BEGINNING and containing 248,698 square feet or 5.709 acres of land more or less. C,~B Job No. 981727016 .... S#XXX J:~JOB~98172714~SUE.\WP~LEG\G003.OUT March I0, 1999 Page I of I 15. z I DATE 2-17-99 ISHT. NO- ID~,WN TM IDESIGNED ANNEXATION:i SERVICE .. A Part of the Denton '~ COrinth Bounda~iAdjustme'nt EXHIBIT B ANNEXATION SERVICE PLAN CASE NUMBEU: A'-95 (0akmont IV) . AREA:' . 17.16 a~res . : · · LOCATION: SoUth of Robinson Road in the Oakmont Country Club area. 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. Police Protection ':~, ;. I. Police service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) dayi' after the effective date of the annexation using existing personnel and equipment. B. Fire Protection Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property within sixty (60) days after 'the effective · date of the annexation using existing personnel and equipment~ Ce Solid Waste Collection Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Water/Wastewater Facilities Maintenance of water and wastewater facilities in the area to be annexed that are not wi .tl!in.' the service area of another water or wastewater utility will be begin within .sixty (60) days after the effective date of the annexation using existing persOnnel and equipment. : ' , · · Roads and Streets Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin within sixty (60) days aftei~.the effective date of the annexation using existing personnel and equipment. 17. A NEXATION SERvICE PLAN A part of the Denton - COrlnt_.h Boundar~._Adjustment Parks and Recreation Facilities 1. Maintenance of parks, playgrounds, swimming pOols, and other recreational facilities in the area to be annexed.will begin within_ sixty (60) days .after the effective date of the' annexation using existiq, g personnel' and equipment. Howe?,' are ,o ex/sting/ a , playgro.unds, mming P°°iS. and other recreational facilities in the area. ' G. Electric Facilities 1. Electric utility service will be provided within sixty (60) days after the effective date of the. annexation using existing personnel and equipment. H. Library Services J, the annexation using existing personnel and equipment. ;: Code Enforcement, Building Inspections and Consumer Health Servi~s 1. Code enforcement, building in~ections and consumer health services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Planning and Development ServicesI 1. Planning and development services will be provided within'sixty (60) days after the effective date of the annexation using existing personnel and equipment. The Planning and Development Department currently provides services this prot~6rty by way of administration of Chapter 34 of the Code of Ordinances, concerning SUbdivision and land development regulations. L~rary services will be provided within sixty (60) days after the effective date of '"" K. Capital Improvements Program (ClP) The CIP of the city is prioritized according to the following guidelines: (1) Provision of Capital Improvements as compared to other 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 CIP improvements in the upcoming CIP plan. This property will be considered according to the established guidelines. 18. COSCE rPL -. DEVELOPMENT STANDARDS Laud Uses: Maximum Building Height:' Minimum Set Backs: Sin§~e-Family Patio Homes · AccessorY Uses 2 stories Fiont 20' Side 5' SideComer 15' Rear I0' Minimum Lot Dimensions: Minimum Dwelling Size: Maximum Lot Coverage: Width Depth Area 40' 90' 3,600 square feet 1,~2~50 square feet % 65% Maximum .Density: Minimum Parking Required: 6.5 dwelling units per' acre Two off-street spaces per dwelling Unit Single family homes shall be constructed of masonry, stucco, or of a glass building mate. rial of the kind usually used for outside wall construction, to the extent of a least seventy-five (75) percent of the area of the outside walls. 19 Attachment 4 Schedule Disannexation I Annexation I Zoning Planning and Zoning Commission Public Hearing Public Hearing Public Hearing September 22 September 22 September 22 City Council Public Hearing Public Hearing #1 September 7 September 7 Public Hearing Public Hearing #2 September 21 September 21 -', First Reading First Reading October 12 October 12 SPECIAL CALL SPECIAL CALL Second Reading Second Reading Public Hearing/Action November 16 January 4, 2000 January 4, 2000 £2'iMy Documents~CC R{'portsiCC Actiont.4 -95. Oakraant ll; annex and zo~ e, 2nd re ~ ting.doc 20.