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HomeMy WebLinkAbout03-11-1992 6 Agenda No. Agenda Item hJS/ AGENDA CITY OF DENTON CITY COUNCIL March 11, 1992 Special Call SCe5ion of the City Of Denton City Co!incil on Tuesday, March 11, 1992 at 4:00 p.m. in the City Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 4:00 p.m. 1. Hold a public hearing and consider adoption of an ordinance with regards to the annexation and zoning of 23.059 acres located on Forrestridge Drive north of Ryan Road. (The f Planning and Zoning Commission recommended adoption 5-0 at its meeting of February 26, 1992.) C E R T I F I C A T E 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 (p.m.) 1992 at o'clock (a.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS 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 566-8309 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. AC00004D i J ti Agenda No, Agenda Re- Oita y / LAL-jiGROUND. ' The proposed annexation has bc7,; initiated by the owners of the tract in order to facilita..: zoning for residential single family (SF-16) development. The development of the tract is proposed to start in 1992. The i'irst and second public hearings with regard to the proposed annexation were held on February 4, and February 18, 1992 and no one spoke in favor or in ;f,position. The Planning and Zoning Commission held a pu1i'i.c hearing on February 26, 1992 to consider the annexation -,id zoning of the said tract. The Commission voted 5-0 to recommend adoption. r`t PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: All city service departments including Utilities, Engineering, Planning and Development, fire, Police, Solid Waste, Environmental Health, Parks and Recreation and Library. FISCAL IMPACT: The annexation and ultimate development of this area will expand the city's tax base. Resp tfully u mitted~ 0 , Prepared by: L1 yd V. Harrell City Manager Harry . Persaud, AICP Apurd e an H. Robbins, AICP Executive Director Planning and Development Attachments: Attachment #1: P & Z ''Roport Attachment #2: ordinance r~ ' tAgooda Na. D3 to Agonda 11M DATE: March 1 1992. CITY COUNCIL 'REPORT FORMAT TO: Mayor and Members of the city Council FROM: Lloyd V. Harrell, City Manager SUBJECT: HOLD A PUBLIC HEARING AND CONSIDER ADOPTION OF AN ORDINANCE WITH REGARD TO THE ANNEXATION AND ZONING OF 23.059 ACRES LOCATED ON FORRESTRI'DGE DRIVE, NORTH OF RYAN ROAD. RECOMMENDATION: The Planning and Zoning Commission recommends adoption. (5 - 0) SU U. :'RX: An ordinance annexing and zoning 23.059 acres located on Forrestridge Drive north of Ryan Road is attached. (See attachment #2) Exhibit "A" of the ordinance contains the legal description of the tract to be annexed. The service plan contained in exhibit "B" provides for the extension of full municipal :services to the tract to be annexed. The ordinance also provides for the zoning of the tract for residential single family SF-16 zoning district classification. The proposed zoning to single family SF-16 in a low intensity area is consistent with the policies of the Denton Development Plan. Planning and Zoning Commission's report with recommendation is attached.(attachment #1) A public hearing to finally adopt the ordinance annexing and zoning the said property is scheduled for April 21, 1992. City Charter (Section 1.03, Extension of City Limits) requires a vote of not less than six members (four-fifths) of the City Council to take action with regard to the extension of the city limits. k x i R 1 Agentlo Plo. %u~ "yOD ATTACHMENT i Agenda Item PLANNING AND ZONING COMMISSION REPORT(blo 4 To: Mayor and City Council Case No.: Z-92-004 Meeting Dates 03/11/92 0 GENERAL INFORMATION Applicants Dal-Tech Engineering, Inc. 11020 Audelia Rd., C-207 Dallas, TX 75234 Current Owners Lodge Construction Co., Inc. 15303 Dallas Parkway, Suite 1310 Dallas, TX 75248 Requested Actions Zone to SF-16 to a single-family district (SF-16) simultaneous; with annexation into the City of Denton. Location ar,. Sizes 23.059 acres of vacant land, approximately 720 ft. north of Ryan Road, at the south end of the present Forrestridge Drive. The subject site is planned for 47 homesites, and 3.929 acres of public streets. surrounding Land Use and Zonings North - Single-family 16; residential (Forrestridge, Phase 3) South - Extraterritorial Jurisdiction; vacant East - Extraterritorial Jurisdiction; vacant West - Extraterritorial Jurisdiction; scattered residential Denton Development Plans The subject site is in a low intensity area. The intensity trips in low intensity area No. 83 are 83% allocated. t s•. Agenda No. (Case 2-02-004) Agenda Item Dale SPECIAL INFORMATION Transportations Forrestridge Drive is a collector street. Sixty feet of right-of-way is required, with a minimum of 41 feet of paving. Local streets may be constructed with less e right-of-way. Ryan Road will be required to be paved when the adjacent area is final platted. Sidewalks are required to be on both sides of all public streets, or an easement dedicated for that purpose. Utilities: Slater: Currently, service is available through Section III of the Forrestridge Addition. The development requires an 8-inch water line, and the City is requesting that a 12-inch oversized line be installed, In accordance with Sec. 34-118(b)(2)1 the City may elect to participate in the cost difference between an 8-inch and 12-inch line. This line will run approximately 1,800 feet. The PUB will recommend that the cost to the City will not exceed $12,600. The oversize agreement has yet to be approved by the City Council. However, the Public Utilities Board, on 2/19/92, recommended a request that the city participate in the cost of oversizing the waterline in the proposed Estates of Forrestridge Addition. Severs service is available through Section III of the Forrestridge Addition. Offsite improvements are likely, Fire suppressions Fire hydrants will be installed at 600 ft. (maximum) intervals, and adequate fire roads will be available during construction, Eleatriat Service is proposed to be similar to the lots to the north; mixed overhead and underground service. Currently, electric service is available from circuits that can be extended along either the east or west side of the site. Page 2 e (Case Z-o2-o04~ ABondaNo. - -e-)e b' ~ Agenda item C[J / Landscaping: [We Once structures are built on platted lots, the landsc p. ordinance will not apply. However, permits will be required in order to remove protected trees prior to residential construction on each lot. Parks: As with all residential development, the voluntary park donation policy applies. The applicant declined to dedicate any park land. Since no land was dedicated, + staff will be requesting a fee in lieu of land donation of 1/4 of 1 percent of the construction costs when builders apply for building permits. Drainage: A temporary detention pond will be constructed off the site, near Ryan Road, to handle drainage from the site. As contiguous land develops, an underground drainage system will be extended to the south side of Ryan Road, per the Denton Drainage Manual. HISTORY This is the first zoning activity on this site, since it is only now in the process of being annexed into the city of Denton. Consideration of the preliminary plat of this area was approved by the commission on February 26, 1992. ANALYSIS Adjacent development within the city limits is entirely residential. The proposal is for more of the same. The proposed zoning conforms to the policies of the Denton Development Plan. The development of this area as proposed in Estates of Forrestridge will use less than its allocated share of intensity. intensity allocation to this site is (23.059 x 60) 1363.5 intensity trips. The development will use (47 lots x 10 intensity trips) 470 intensity trips. C Page 3 r a r: Agenda No. (Case Z-92-004) Agen&IMM~lS op DRID RECOMMENDATION Planning and Zoning Commission recommends approval (5-0). • ALTERNATIVES 1. Approve. 2. Approve annexation and zoning and condition zoning. 3. Deny. 4. Delay consideration. (Note: If the petition is delayed or denied, the annexation cycle would have to begin anew. ATTACHMENTS 1. Location Map 2. Planning and Zoning commission Minutes of March 11, 1992. C AXXOOOED Page 4 4 w f ATTAMMENT 1 ~ oo br • Forrestridge Annexation Agenda No. Agenda Item Nis NORTH I L I -I! z i CIP. La I i IS C:R. - EL f'a5E0 4AK c lUl I , ~ ORAES7 AN Oa' U SEBAS- AIN r PL. Ca CAK FCO EST 1-f P ~R' (n z- SANTIACC SANDERS SITE / f PYAN C DATE; 9/12/9f SCALE; NONE r 4. Agenda No. s Agenda Item e.o .'rrrrt.Trr r r~'R•r?•rrr-rr?? t i . / p Rito _A 0 • , , , : J ~ ,••,ii Il ' .J.,.'' --VIA C, 0 `y y , 1, : . V.Y . . M. Zkl' CR. 1 r.rr s~4 f r7len• f u ~ t 1•, ,y.''. n ,r r SITE .417 rot, 1 X. i ,t~. , , , , . ' . AO 7 4-0 11+ C 4 l , Y. ALL00159 ATTACHMENT 2 1 /Wda No.._~1 a CJpc~ Agenda llom Dilo ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 23.059 ACRES OF .!.AND LOCATED ALONG FORRESTRIDGE DRIVE, NORTH OF RYAN ROAD] APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; APPROVING ONE- FAMILY DWELLING (SF-16) DISTRICT ZONING CLASSIFICATION AND USE DESIGNATION FOR THE PROPERTY; PROVIDING FOR A PENALTY IN THE a MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE, WHEREAS, the owners have petitioned for the annexation of the property described herein; and WHEREAS, public hearings were held in the Council Chambers on February 4, 1992, and February 18, 1992, (both days b~:Ang on or after the 40th day but before the 20th day before the date of institution of the proceedings) 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 March 11, 1992; and WHEREAS, this ordinance has been published in full one tl:e~a in the official newspaper of the City of Denton after anne:ration taking proceedfinaings action,, as required by city hater; NOW,CTHEREFOREil THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSr SECTION I. That the land described in Exhibit "A", attached hereto and incorporated by reference, is annexed to the City of Denton, Texas. SECT_ 01LU4 That the Service Plan attached as Exhibit "B" and ion ofcmunicipal shere ervices tofthenanne edch roourtes iara p exten s a part of this ordinance, p p y~ proved as a SECTION III. That the property annexed is permanently zoned for one-family dwelling (SF-16) district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. gggTION IV. That the city's official zoning map is amended to show the zoning district classification of the property annexed. C i r Agenda Na...__ KX~ Agenda Item l~S ff/ Me /p G,, G 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 of the real property described in Exhibit "A" regardless of whether any other part of the described property is hereby effectively annexed to the City. It any part of the real property annexed is already included within ° the city limits of the City of Denton or is 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 shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION VIZ. 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 caption of this ordinance 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 , 1992. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEEPA A. DRAYOVITCH, CITY ATTORNEY BY., ~7 ~ 0• ~ PAGE 2 i Agenda NU..__ EXHIBIT "A" AgenddItem «S^# FIELD NOTES, 23.059 Acre Tract Being a tract of land situated in the A. Gibson Survey, Abstract No. 498, Denton County, Texas and being a part of "Tract I" of that certain parcel of land described in two tracts and conveyed by deed from First Texas Savings Association, to Lodge Construction Company, Inc. recorded in Volume 1115, Page 211, Deed Records, Denton County, Texas and being further described as follows: BEGINNING at an iron rod found for corner, said corner being the Southwest corner of Lot 25, Block F of Forrestridge Addition, Section III, an addition to the City of Denton, Denton County, Texas, according to the plat recorded in Cabinet F., Page 375, Plat Records Denton County, Texast THENCE South 85 degrees 32 minutes 05 seconds East, along the South line of Block F of said addition, a distance of 10120.47 feet to an iron rod found for corner in the West line of Forrestriuge Drive (60.00 Foot Right-of-way), said corner being the Southeast corner of Lot 34, Block F of said additions THENCE South 00 degree 35 minutes 13 seconds West, along the West line of said Forrestridge Drivo, a distance of 63.56 feet to an iron rod found for corneri THENCE South 89 degree 30 minutes 33 seconds East, a distance of 220.67 feet to an iron rod found for corner, said corner being the Southeast corner of Lot 9, Block G of said additions THENCE South 00 degree 37 minutes 33 seconds West, along a fence for a part of the distance, a distance of 713.48 feet, to a 1/2" iron rod sat for corners A THENCE North 85 degrees 32 minutes 05 seconds West, along the South line of subject 23.059 acre tract a distance of 1,332.10 feet to a 1/2" iron rod set for corner, said point being on the West line of said A. Gibson surveys THENCE North 00 degrees 19 minutes 42 seconds West, along the West line of said survey and along a fence, a distance of 472.72 feet to an iron rod found for corner in the South line and at the East end of Sanders Road (not a dedicated Roads THENCE North 00 degrees 17 minutes 36 seconds East, a distance of 289.70 feet to the POINT OF BEGINNING and containing 23.059 acres, more or less. E} Nolida Agoildo uem. ~eJ.S i SERVICE PLruy Annexation Number. A-60 Acreage annexed. 13,459 Acres Location: North of Ryan Red along Forrestridge Drive. A. Police Sery9nce 1. Patrolling, response to calls, and other routine ¢ services will be provided on the effective date of the annexation, using existing personnel and equipment. 2. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished to comparable areas within the city. i B. Eire )zotgc- ;al Services (RMS) 1. Fi-e protection and emergency medical services by the present personnel and present equipment, within the limitations of available water and distances from existing fire stations, will be provided to this area on the effective date of the annexation. 2. Upon ultimate development of the area,the same level of fire and emergency ambulance services will be provided to this area as are furnished to comparable areas within the City. C. Water/Wastewater Se ii water and wastewater services will be extended to the property in accordance to the city's master utility plan and Section 34-118 of the Denton Code of Ordinances. Developers shall pay the actual cost of all water and sewer main extensions, lift stations and other necessary f accordance acilities required to serve their development in Subdivision w and Land City's master Regulations and the I < 7 C' I[ I ~I ~ rryy p~ Agenda Ne. lr~ "LICIp Apenda.ltorn ~CJS i~ The City may participate in the cost totgoVrs ze water~~~~ and sewer mains subject to fund availability and approval of the City Council. Where water or sewer main extensions, lift stations, force mains or other necessary facilities are installed by the developer, the developer shall be entitled to reimbursement of the cost of such facilities from pro- rata charges paid by persons connecting to or using such facilities to serve their property, according to the Subdivision and Land Development Regulations. D. Solid Waste Collection 1. Solid waste collection will be provided to the property at the same level of service as available to comparable areas within the city, within 60 days of the effective date of annexation. 2. As development and construction commence within this property, and population density increases to the proper level, solid waste collection shall be provided to this property in accordance with then current policies of the City as to frequency, charges and so forth. E. Streets and Roads 1. The City of Denton's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning with the effective date of the annexation. 2. Routine maintenance of streets and roads will begin in the annexed area on the effective date of annexation using the standards and level of service as currently applied to comparable areas of the city. 3. Reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curb cuts and gutters, and other such major improvements, as the need therefore is determined by the City Council or Manager, will be accomplished under the established policies of the city. 4. Traffic signals, signage and other traffic control devices will be installed as the need thereforej is established by appropriate study and traffic 2 r i r. r; r Agenda Na. Agenda Item ~~~s~ Cato _ ~ ~i! ,L-~?.i standards. G t 5. Street and road lighting will be installed in U substantially developed areas in accordance with the established policies of the City. F. Environmental Health and Code Enforcement Services 1. Enforcement of the City's environmental health ordinances and regulations includinc,, but not limited to the grass and weed ordinance, garbage and trash ordinance, junked vehicle ordinance, sign ordinance, food handler ordinance, animal control ordinance, and the tree preservation ordinance " shall be provided within this area on the effective date of the annexation. These ordinances and regulations will be enforced through the use of existing personnel.+ 2. Building, plumbing, electrical, gas, and all other construction codes, as may be adopted by the City, will be enforced within this area beginning with the effective date of the annexation. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision and other ordinances shall be enforced in this area beginning on the effective date of the annexation. 4. All inspection services provided by the City of Denton, but not mentioned above, will be provided to this area beginning on the effective date of the annexation. Existing personnel will be used to provide these services. 5. Flood damage mitigation will be provided by existing codes and ordinances of the City as of the effective date of the annexation. 6. As development and construction commence within this area, sufficient personnel will be provided to furnish this area with the same level of environmental health and code enforcement services as are furnished to comparable areas within the city. G. Plgnn ng and Development Services The zoning jurisdiction of the City will extend to the annexed area on the effective date of annexation. Single 3 /.2. C h Agenda No. _.4~~ Agendaltern LOS family SF-16 zoning district designation is a~~ 9Z; -or t his tract. Y marks and Recreation Services Residents of the newly annexed area may use all recreation facilities, including parks and swimming pools throughout the city, on the effective date of the annexation, The same standards and policies now used within the City will be followed in the maintenance of parks, pl a swimming pools. aygrounds and J, Elect racat Dis rib*inn Electrical power will be made available to the site as 4 required, at the same level of service currently being provided to comparable areas within the City. K• Misce~ianao„a Street names and sign will be installed, if required, approximately six (6) months after the effective date of annexation. Residents of the newly annexed area may use all owned facilities, buildings or services within thecity on p the effective date of the annexation. All publicly owned facilities, buildings or services will be maintained in accordance with established standards and policies now used in the City. L. CCa pi royements Proa~am f p) The CIF of the CA ty is prioritized by such policy guidelines as; 1. Demand for services 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 service. The annexed area will be considered for CIP improvements upcoming CIP plan. The annexation area will e considered according to the same established criteria as all other areas of the city, 4 w v 4. yt j S'. 1 Agenda No. Agenda Item_ ~S P&Z Minutes Page February 26, 1992 DRAFT 2 b. The preliminary plat of 19.8 acres of unplatted land into Lots 1 and 2, Block 1, of the Kern Personal Care Center Addition. C. The preliminary plat of lots 1 and 2, Block A of the A. Goldfield Addition. Motion was se-onded by Mr. Kamman and carried (3-1). Ms. Huey voted no. Mr. Engelbrecht arrived at the meeting. III. Consider approval of the final plat of Lot 1, Black 1 of the Food Lion T-2 Addition from 4.116 acres of previously unplatted land. Staff Report; Mr. Yost stated that the 4.116 acre tract is located on the soutl'-fist corner of Windsor Drive and Locust Street. Public improvements to be constructed by the developer include one on-site hydrant, one off-site fire hydrant, approximately 410 feet of concrete sidewalk, an off-site drainage pipe and a right-turn lane from Locust Street onto Windsor Drive. Five feet of right-of-way will be dedicated on Locust. A detention pond, with a capacity of 23,000 cubic feet, will be constructed on the southeast corner of the site. The current zoning is Planned Development and a detailed plan for it 32,000 square foot grocery store has been approved. The plat conforms to the minimum requirements of the Subdivision and Land Development Regulations; Chapter 34 of the Code of Ordinances. Mr. Kamman moved to approve the final plat of Lot 1, Block 1 of the Food Lion T-2 Addition. Motion was seconded by Mr. Engelbrecht and unanimously carried (5.0), IV, Hold a public hearing and consider making a recommendation to the City Council with regarcls to the proposed annexation of 23.059 acres and its zoning to SF-16. Mr. Robbins stated that there are two items to be considered. One is annexation of the tract and the other is zoning the tract SF-16. The applicant has requested the annexation and the City Council has held two public hearings on the service plan for the area to be annexed. Staff Report; Mr. Yost reported that the property is owned by Lodge Construction Co., Inc. There are 23.059 acres of vacant land which are in a low intensity area. The development requires an 8 inch water line, and the City is requesting that a 12 inch oversized line be installed. The Public Utilities Board will look at participating in the cost of the oversized line. A temporary detention pond will he k F~ V Agenda No. OC) Aponda Item CUJ WIe P&Z Minutes February 26, 1992 DR AF ~ Page 3 constructed off the site, near Ryan Road, to handle drainage from the site. It will be o removed when there is further development, This is the first zoning activity on this site, since it is only now in the process of being annexed into the City of Denton. Adjacent development within the city limits is entirely residential. The proposal is for more residential development and conforms to the policies of the Denton Development Plan, Mr. Engelbrecht asked if Forrestridge Drive will ultimately go through to Ryan Roy d, Mr. Robbins said yes. Petitioner: Buddy Roberts, Dal-Tech Engineering at Stillman and LBJ, Dallas, stated that he and his associates were available to answer questions, They are making an effort to conform with the existing Forrestridge neighborhood. This will be a nice addition to the community, They have worked with staff and the lots conform to zoning requirements. He requested approval of the annexation and zoning petition. Mr. Engelbrecl:t asked when it is anticipate that Forrestridge Drive will be connected to Ryan Road. Mr. Roberts said that it depends on how fast this section builds out, After that, they have not yet decided whether to build to the west or to the south. They have no specific: time schedule but there is a demand for this type of lot. Mr. Engelbrecht pointed out that this will increase traffic through the existing residential neighborhoods. This case effects the existing Forrestridge and El Pasco neighborhoods, Mr, Roberts said that Forrestridge Drive will be extendeu as soon as it is feasible to do so, The market may change, but if it continues as it is, the extension will happen in three or four years. No one was present to speak in favor or in opposition to the petition, Recommendation; Mr, Yost stated that staff recommends approval of the zoning petition on the condition that the annexation of the site is made official by vote of the City Council, Chairman Holt closed the publi,, hearing, J . /'6 1 3 k i Z< 4 I~ 1 Agenda No, % A4 X i Agenda Itern CU~S~ 41#-/ P&Z Minutes [tale February 26, 1992 DR h Page 4 1A1 FT C/ Motion was made by Mr. Glasscock to recommend approval of the annexation of 23.059 acres and its zoning to SF-16 pending approval of the annexation by City ` Council. Motion was seconded by Mr. Kamman and carried unanimously (5-0). 3 I r i A C Y- Cf