HomeMy WebLinkAboutFebruary 9, 2010 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
February 9, 2010
After determining in Open Session that a quorum is present, the City Council of the City of
Denton, Texas, will convene in a Closed Session on Tuesday, February 9, 2010 at 3:00 p.m. in
the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas, at which
the following items will be considered:
1.Closed Meeting:
A. Consultation with Attorneys – Under Texas Government Code, Section 551.071.
1. Consultation, discussion, deliberation, and receipt of information from the
city’s attorneys involving legal matters relating to possible annexations of
property into the City of Denton where public discussion of these legal
matters would clearly conflict with the duty of the City’s attorneys to the
City of Denton and the Denton City Council under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas.
B. Deliberations regarding Real Property – Under Texas Government Code Section
551.072; Consultation with Attorney – Under Texas Government Code Section
551.071.
1. Discuss, deliberate and receive information from staff and provide staff
with direction pertaining to the grant of property within the Denton Rail
Corridor to the DART or DCTA, the limits of said corridor being all that
certain lot, tract or parcel of land described in that certain Quitclaim Deed
from Missouri Pacific Railroad Company to the City of Denton, Texas,
dated August 9, 1993, and filed on August 24, 1993, as Clerk No 93-
R0058485 in the Real Property Records of Denton County, Texas; and
also being that same property described in that certain Correction
Quitclaim Deed, dated June 1, 2001 and filed for record in the Real
Property Records of Denton County, Texas as Volume 4857, Page 020211
where such deliberation in an open meeting would have a detrimental
effect on the position of the City Council in negotiations with DART or
DCTA. Consultation with the City’s attorneys regarding legal issues
associated with the granting of said property above described where a
public discussion of these legal matters would clearly conflict with the
duty of the City’s attorneys to the City of Denton and the Denton City
Council under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas.
Following the completion of the Closed Session the Council will convene in a Special Called
Meeting at 4:00 p.m. in the City Council Chambers to consider the following:
A. Consider adoption of the following ordinances:
1.An ordinance annexing an area of land to the City of Denton, Texas, generally identified
as DH-6 of approximately 9 acres located on the east side of Teasley Lane, north of
Hickory Creek Road, west of Lipizzan Court, more specifically identified in Exhibit “A”
attached hereto, which area is adjacent to and abuts the existing city limits of the City of
City of Denton City Council Agenda
February 9, 2010
Page 2
Denton, Texas, and which contains fewer than 100 separate tracts of land on which one
or more residential dwellings are located on each tract; providing for inclusion of a
service plan in this ordinance; providing for correction of the city map to include this
annexed area; providing a savings clause; and providing an effective date. (First Reading)
2.An ordinance annexing an area of land to the City of Denton, Texas, generally identified
as DH-8 of approximately 29 acres located west of Old Edwards Road, north and south of
Edwards Road, more specifically identified in Exhibit “A” attached hereto, which area is
adjacent to and abuts the existing city limits of the City of Denton, Texas, and which
contains fewer than 100 separate tracts of land on which one or more residential
dwellings are located on each tract; providing for inclusion of a service plan in this
ordinance; providing for correction of the city map to include this annexed area;
providing a savings clause; and providing an effective date. (First Reading)
3.An ordinance annexing an area of land to the City of Denton, Texas, generally identified
as DH-13 of approximately 16 acres located on the west side of the intersection of North
Locust Street and Bobcat Road, south of Chaparral Road, more specifically identified in
Exhibit “A” attached hereto, which area is adjacent to and abuts the existing city limits of
the City of Denton, Texas, and which contains fewer than 100 separate tracts of land on
which one or more residential dwellings are located on each tract; providing for inclusion
of a service plan in this ordinance; providing for correction of the city map to include this
annexed area; providing a savings clause; and providing an effective date. (First Reading)
4.An ordinance annexing an area of land to the City of Denton, Texas, generally identified
as DH-10 of approximately 87 acres located on the south side of East McKinney, east and
west of Lakey Circle, and more specifically identified in Exhibit “A” attached hereto,
which area is adjacent to and abuts the existing city limits of the City of Denton, Texas,
and which contains fewer than 100 separate tracts of land on which one or more
residential dwellings are located on each tract; providing for inclusion of a service plan in
this ordinance; providing for correction of the city map to include this annexed area;
providing a savings clause; and providing an effective date. (First Reading)
5.An ordinance providing for acceptance of eligible non-annexation agreements for
agricultural, wildlife management or timberland use properties within an area of land
adjacent to and abutting the existing city limits of the City of Denton, Texas, generally
identified as DH-1 of approximately 315 acres located east of H. Lively Road, south side
of FM 2449, west side of John Paine Road, and more specifically identified in Exhibit
“A” attached hereto; providing for severability; and providing an effective date. (First
Reading)
6.An ordinance annexing an area of land to the City of Denton, Texas, generally identified
as DH-1 of approximately 315 acres (less those parcels identified in Exhibit “C”) located
east of H. Lively Road, south side of FM 2449, west side of John Paine Road, and more
specifically identified in Exhibit “A” attached hereto, which area is adjacent to and abuts
the existing city limits of the City of Denton, Texas, and which contains fewer than 100
separate tracts of land on which one or more residential dwellings are located on each
tract; providing for inclusion of a service plan in this ordinance; excluding properties
within DH-1 subject to non-annexation agreements for agricultural, wildlife management
City of Denton City Council Agenda
February 9, 2010
Page 3
or timberland use from the annexation; providing for correction of the city map to include
this annexed area; providing a savings clause; and providing an effective date. (First
Reading)
7.An ordinance providing for acceptance of eligible non-annexation agreements for
agricultural, wildlife management or timberland use properties within an area of land
adjacent to and abutting the existing city limits of the City of Denton, Texas, generally
identified as DH-2 of approximately 258 acres located on the south side of University
Drive, west and east sides of Thomas J. Egan Road, north of Jim Christal Road, west of
Masch Branch Road, and more specifically identified in Exhibit “A” attached hereto;
providing for severability; and providing an effective date. (First Reading)
8.An ordinance annexing an area of land to the City of Denton, Texas, generally identified
as DH-2 of approximately 258 acres (less those parcels identified in Exhibit “C”) located
on the south side of University Drive, west and east sides of Thomas J. Egan Road, north
of Jim Christal Road, west of Masch Branch Road, and more specifically identified in
Exhibit “A” attached hereto, which area is adjacent to and abuts the existing city limits of
the City of Denton, Texas, and which contains fewer than 100 separate tracts of land on
which one or more residential dwellings are located on each tract; providing for inclusion
of a service plan in this ordinance; excluding properties within DH-2 subject to non-
annexation agreements for agricultural, wildlife management or timberland use from the
annexation; providing for correction of the city map to include this annexed area;
providing a savings clause; and providing an effective date. (First Reading)
9.An ordinance providing for acceptance of eligible non-annexation agreements for
agricultural, wildlife management or timberland use properties within an area of land
adjacent to and abutting the existing city limits of the City of Denton, Texas, generally
identified as DH-3 of approximately 421 acres located on the south side of Spring Side
Road, north, south and west of Corbin Road, west of I-35, and more specifically
identified in Exhibit “A” attached hereto; providing for severability; and providing an
effective date. (First Reading)
10.An ordinance annexing an area of land to the City of Denton, Texas, generally identified
as DH-3 of approximately 421 acres (less those parcels identified in Exhibit “C”) located
on the south side of Spring Side Road, north, south and west of Corbin Road, west of I-
35, and more specifically identified in Exhibit “A” attached hereto, which area is adjacent
to and abuts the existing city limits of the City of Denton, Texas, and which contains
fewer than 100 separate tracts of land on which one or more residential dwellings are
located on each tract; providing for inclusion of a service plan in this ordinance;
excluding properties within DH-3 subject to non-annexation agreements for agricultural,
wildlife management or timberland use from the annexation; providing for correction of
the city map to include this annexed area; providing a savings clause; and providing an
effective date. (First Reading)
11.An ordinance providing for acceptance of eligible non-annexation agreements for
agricultural, wildlife management or timberland use properties within an area of land
adjacent to and abutting the existing city limits of the City of Denton, Texas, generally
identified as DH-4 of approximately 347 acres located on the east side of Bonnie Brae
City of Denton City Council Agenda
February 9, 2010
Page 4
Street, west of Fort Worth Drive, east and west of Vintage Boulevard, and more
specifically identified in Exhibit “A” attached hereto; providing for severability; and
providing an effective date. (First Reading)
12.An ordinance annexing an area of land to the City of Denton, Texas, generally identified
as DH-4 of approximately 347 acres (less those parcels identified in Exhibit “C”) located
on the east side of Bonnie Brae Street, west of Fort Worth Drive, east and west of
Vintage Boulevard, and more specifically identified in Exhibit “A” attached hereto,
which area is adjacent to and abuts the existing city limits of the City of Denton, Texas,
and which contains fewer than 100 separate tracts of land on which one or more
residential dwellings are located on each tract; providing for inclusion of a service plan in
this ordinance; excluding properties within DH-4 subject to non-annexation agreements
for agricultural, wildlife management or timberland use from the annexation; providing
for correction of the city map to include this annexed area; providing a savings clause;
and providing an effective date. (First Reading)
13.An ordinance providing for acceptance of eligible non-annexation agreements for
agricultural, wildlife management or timberland use properties within an area of land
adjacent to and abutting the existing city limits of the City of Denton, Texas, generally
identified as DH-5 of approximately 307 acres located on the east side of Fort Worth
Drive, west side of Country Club Drive, north of Brush Creek Road, and more
specifically identified in Exhibit “A” attached hereto; providing for severability; and
providing an effective date. (First Reading)
14.An ordinance annexing an area of land to the City of Denton, Texas, generally identified
as DH-5 of approximately 307 acres (less those parcels identified in Exhibit “C”) located
on the east side of Fort Worth Drive, west side of Country Club Drive, north of Brush
Creek Road, and more specifically identified in Exhibit “A” attached hereto, which area
is adjacent to and abuts the existing city limits of the City of Denton, Texas, and which
contains fewer than 100 separate tracts of land on which one or more residential
dwellings are located on each tract; providing for inclusion of a service plan in this
ordinance; excluding properties within DH-5 subject to non-annexation agreements for
agricultural, wildlife management or timberland use from the annexation; providing for
correction of the city map to include this annexed area; providing a savings clause; and
providing an effective date. (First Reading)
15.An ordinance providing for acceptance of eligible non-annexation agreements for
agricultural, wildlife management or timberland use properties within an area of land
adjacent to and abutting the existing city limits of the City of Denton, Texas, generally
identified as DH-11 of approximately 388 acres located southeast of the intersection of
Mayhill Road and McKinney Street, and more specifically identified in Exhibit “A”
attached hereto; providing for severability; and providing an effective date. (First
Reading)
16.An ordinance annexing an area of land to the City of Denton, Texas, generally identified
as DH-11 of approximately 388 acres (less those parcels identified in Exhibit “C”)
located southeast of the intersection of Mayhill Road and McKinney Street, and more
specifically identified in Exhibit “A” attached hereto, which area is adjacent to and abuts
City of Denton City Council Agenda
February 9, 2010
Page 5
the existing city limits of the City of Denton, Texas, and which contains fewer than 100
separate tracts of land on which one or more residential dwellings are located on each
tract; providing for inclusion of a service plan in this ordinance; excluding properties
within DH-11 subject to non-annexation agreements for agricultural, wildlife
management or timberland use from the annexation; providing for correction of the city
map to include this annexed area; providing a savings clause; and providing an effective
date. (First Reading)
17.An ordinance providing for acceptance of eligible non-annexation agreements for
agricultural, wildlife management or timberland use properties within an area of land
adjacent to and abutting the existing city limits of the City of Denton, Texas, generally
identified as DH-14 of approximately 30 acres located on the south side of Robinson
Road, east of Teasley Lane, and more specifically identified in Exhibit “A” attached
hereto; providing for severability; and providing an effective date. (First Reading)
18.An ordinance annexing an area of land to the City of Denton, Texas, generally identified
as DH-14 of approximately 30 acres (less those parcels identified in Exhibit “C”) located
on the south side of Robinson Road, east of Teasley Lane, and more specifically
identified in Exhibit “A” attached hereto, which area is adjacent to and abuts the existing
city limits of the City of Denton, Texas, and which contains fewer than 100 separate
tracts of land on which one or more residential dwellings are located on each tract;
providing for inclusion of a service plan in this ordinance; excluding properties within
DH-14 subject to non-annexation agreements for agricultural, wildlife management or
timberland use from the annexation; providing for correction of the city map to include
this annexed area; providing a savings clause; and providing an effective date. (First
Reading)
19.An ordinance providing for acceptance of eligible non-annexation agreements for
agricultural, wildlife management or timberland use properties within an area of land
adjacent to and abutting the existing city limits of the City of Denton, Texas, generally
identified as PAA1 of approximately 1,171 acres located on the south side of Jim Christal
Road, the north side of Tom Cole Road, west of Masch Branch Road, and more
specifically identified in Exhibit “A” attached hereto; providing for severability; and
providing an effective date. (First Reading)
20.An ordinance annexing an area of land to the City of Denton, Texas, generally identified
as PAA1 of approximately 1,171 acres (less those parcels identified in Exhibit “C”)
located on the south side of Jim Christal Road, the north side of Tom Cole Road, west of
Masch Branch Road, and more specifically identified in Exhibit “A” attached hereto,
which area is adjacent to and abuts the existing city limits of the City of Denton, Texas,
and which contains fewer than 100 separate tracts of land on which one or more
residential dwellings are located on each tract; providing for inclusion of a service plan in
this ordinance; excluding properties within PAA1 subject to non-annexation agreements
for agricultural, wildlife management or timberland use from the annexation; providing
for correction of the city map to include this annexed area; providing a savings clause;
and providing an effective date. (First Reading)
City of Denton City Council Agenda
February 9, 2010
Page 6
21.An ordinance providing for acceptance of eligible non-annexation agreements for
agricultural, wildlife management or timberland use properties within an area of land
adjacent to and abutting the existing city limits of the City of Denton, Texas, generally
identified as PAA2 South of approximately 1,472 acres located on the south side of FM
1173, north of W. University Drive, west of I-35, and more specifically identified in
Exhibit “A” attached hereto; providing for severability; and providing an effective date.
(First Reading)
22.An ordinance annexing an area of land to the City of Denton, Texas, generally identified
as PAA2 South of approximately 1,472 acres (less those parcels identified in Exhibit
“C”) located on the south side of FM 1173, north of W. University Drive, west of I-35,
and more specifically identified in Exhibit “A” attached hereto, which area is adjacent to
and abuts the existing city limits of the City of Denton, Texas, and which contains fewer
than 100 separate tracts of land on which one or more residential dwellings are located on
each tract; providing for inclusion of a service plan in this ordinance; excluding
properties within PAA2 South subject to non-annexation agreements for agricultural,
wildlife management or timberland use from the annexation; providing for correction of
the city map to include this annexed area; providing a savings clause; and providing an
effective date. (First Reading)
23.An ordinance providing for acceptance of eligible non-annexation agreements for
agricultural, wildlife management or timberland use properties within an area of land
adjacent to and abutting the existing city limits of the City of Denton, Texas, generally
identified as PAA3 of approximately 1,075 acres located on the south side of Ganzer
Road, north and south of Barthold Road, north of FM 1173, west of I-35, and more
specifically identified in Exhibit “A” attached hereto; providing for severability; and
providing an effective date. (First Reading)
24.An ordinance annexing an area of land to the City of Denton, Texas, generally identified
as PAA3 of approximately 1,075 acres (less those parcels identified in Exhibit “C”)
located on the south side of Ganzer Road, north and south of Barthold Road, north of FM
1173, west of I-35, and more specifically identified in Exhibit “A” attached hereto, which
area is adjacent to and abuts the existing city limits of the City of Denton, Texas, and
which contains fewer than 100 separate tracts of land on which one or more residential
dwellings are located on each tract; providing for inclusion of a service plan in this
ordinance; excluding properties within PAA3 subject to non-annexation agreements for
agricultural, wildlife management or timberland use from the annexation; providing for
correction of the city map to include this annexed area; providing a savings clause; and
providing an effective date. (First Reading)
25.An ordinance providing for acceptance of eligible non-annexation agreements for
agricultural, wildlife management or timberland use properties within an area of land
adjacent to and abutting the existing city limits of the City of Denton, Texas, generally
identified as PAA4 of approximately 1,555 acres located on the south side of Milam
Road, north of Loop 288, east of 1-35, and more specifically identified in Exhibit “A”
attached hereto; providing for severability; and providing an effective date. (First
Reading)
City of Denton City Council Agenda
February 9, 2010
Page 7
26.An ordinance annexing an area of land to the City of Denton, Texas, generally identified
as PAA4 of approximately 1,555 acres (less those parcels identified in Exhibit “C”)
located on the south side of Milam Road, north of Loop 288, east of I-35, and more
specifically identified in Exhibit “A” attached hereto, which area is adjacent to and abuts
the existing city limits of the City of Denton, Texas, and which contains fewer than 100
separate tracts of land on which one or more residential dwellings are located on each
tract; providing for inclusion of a service plan in this ordinance; excluding properties
within PAA4 subject to non-annexation agreements for agricultural, wildlife management
or timberland use from the annexation; providing for correction of the city map to include
this annexed area; providing a savings clause; and providing an effective date. (First
Reading)
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 ___________________, 2010 at ________o'clock
(a.m.) (p.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 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:
February 9,2010
DEPARTMENT:
Planning and Development
ACM: Fred Greene
______________________________________________________________________________
SUBJECT-
A10-0001 2010 City initiated involuntary annexation
Conduct the first of two readings to consider the adoption of fifteen (15) ordinances under the
involuntary annexation procedures for areas exempted from the municipal annexation plan; the
adoption of a Service Plan; and the adoption of Non-Annexation Development Agreements for
qualified parcels within
Jurisdiction (ETJ), Division 1. The proposed annexation is in multiple ownerships, and consists
of fifteen (15) distinct areas. The 15 areas are identified and generally located as follows:
1. PAA1: 1,171 acres, located on the south side of Jim Christal Road; north side of Tom
Cole Road; west of Masch Branch Road;
2. PAA2 South: 1,472 acres, located on the south side of FM 1173; north of W. University
Drive; west of I-35;
3. PAA3: 1,075 acres, located on the South side of Ganzer Road; north and south of
Barthold Road; north of FM 1173; west of I-35;
4. PAA4: 1,555 acres, located on the south side of Milam Road; north of Loop 288; east of
I-35;
5. DH-1: 315 acres, located east of H. Lively Road; south side of FM 2449; west side of
John Paine Road;
6. DH-2: 258 acres, located on the south side of University Drive; west and east sides of
Thomas J. Egan Road; north of Jim Christal Road; west of Masch Branch Road;
7. DH-3: 421 acres, located on the south side of Spring Side Road; north, south and west of
Corbin Road; west of I-35;
8. DH-4: 347 acres, located on the east side of Bonnie Brae Street; west of Fort Worth
Drive; east and west of Vintage Boulevard;
9. DH-5: 307 acres, located on the east side of Fort Worth Drive; west side of Country
Club Drive; north of Bush Creek Road;
10. DH-6: 9 acres, located on the east side of Teasley Lane; north of Hickory Creek Road;
west of Lipizzan Court;
11. DH-8: 29 acres, located west of Old Edwards Road; north and south of Edwards Road;
12. DH-10: 87 acres, located south of East McKinney Street; east and west of Lakey Circle;
13. DH-11: 388 acres, located southeast of the intersection of Mayhill Road and McKinney
Street
14. DH-13: 16 acres; located on the West of the intersection of N. Locust Street and Bobcat
Road; south of Chaparral Road; and
15. DH-14: 30 acres, located on the South side of Robinson Road; east of Teasley Lane.
BACKGROUND:
Applicants: City of Denton
An involuntary annexation proceeding is being considered by the City of Denton for
approximately 7,480 acres consisting of fifteen (15) distinct areas. These areas are illustrated
collectively in Exhibit 1, and separately in Exhibits 2-16.
In 1999 when t39,695 acres. To
accommodate future population and development growth, the Denton Plan anticipates
extraterritorial jurisdiction (ETJ). The anticipated required
acreages and their associated land-uses are identified in the table below.
The anticipated 25,100 additional
Anticipated Land-Uses Required Acreages
acres are based on population
Single-family development 15,000 acres
projections and an average density of
2,250 people per square mile (640
Multi-family development 1,200 acres
acres). Per the Denton Plan, the
Industrial development 3,000 acres
minimum anticipated land area
required to accommodate future
Commercial development 3,200 acres
population and development is 64,795
Institutional development 2,700 acres
acres (39,695+25,100). Current land
area within the City is approximately
Total25,100 acres
57,257 acres,which is 7,538 acres less
than the anticipated minimum stated in the Denton Plan.
Plan (Pages 23)
states:
necessity (CCN).
, adopted in June 1993 states that:
when a property is located within the designated urbanizing area; is expected to accommodate
urban growth in the next twenty years; and if the annexation is contiguous to existing city limits,
city roads and rights-of-
To accomplish the above, the City performed a growth management study of approximately
e study identified twenty two (22) areas
l annexation.
In addition to achieving the vision of the Denton Plan, the areas that are proposed for annexation
will achieve the following goals:
Protect the north Interstate 35 corridor;
Protect the future west Loop 288 corridor;
Manage growth in the
Manage land-uses in probable growth areas;
Create a logical contiguous City of Denton boundary;
Provide future growth areas as recommended by the Denton Plan; and,
Reduce the pockets of unincorporated areas within the existing city limits.
The factors used to determine what areas to annex include but are not limited to the following:
Physical features such as creeks, railroads, roadways and other physical or natural
boundaries;
Property configuration;
Proximity to current City boundary;
The Cit EMS, Police, Water,
Wastewater, Parks, Solid Waste collection,
Extent of recent development activities;
Number of occupied parcels;
Recent voluntary annexation trends; and,
Location and intensity of gas wells.
On Tuesday, September 1, 2009, via a City Council work session, staff presented the ranking of
the 19 areas identified as potential annexation areas. During that presentation, staff also
recommended the annexation of 17 areas totaling approximately 7,912 acres of land within the
tion agreements 15, 16, & 17), PAA2S,
PAA3 and PAA4. During the work session, it was determined that PAA1 should also be
annexed due to its close proximity to the Denton Municipal Airport. The total acreage
recommend for annexation is 9,083 contained in 18 areas. These areas are illustrated collectively
in Exhibit 1. Three (3) of the 18 areas identified for annexation will be placed in an Annexation
Plan due to the number of parcels with residential dwellings. Those areas are identified as DH-7,
DH-9 and DH-12. At the conclusion of the September 1, 2009 work session, the City Council
directed staff to proceed with the process of annexing the above mentioned 18 areas.
On Wednesday, December 9, 2009 via a Planning and Zoning Commissioner (P&Z) work
session, staff presented the 18 areas containing 9,083 acres to the P&Z. During the work session,
staff also explained the goals of the proposed annexation, the rationale of, and the methodology
by which the areas were selected for annexation. After the conclusion of the work session, the
P&Z recommended approval of moving forward with the annexation of the 18 areas containing
9,083 acres by a 7-0 vote.
SERVICE PLAN
:
Per Tx.LGC 43.065, the City must prepare a service plan that provides for the extension of full
municipal services to the area to be annexed. The City shall provide the services by any of the
methods by which it extends the services to any other area of the municipality. Therefore, a
Service Plan is attached as Exhibit 17.
SUMMARY OF ACTIONS:
The following is a summary of the actions taken by the City in associated with the annexations:
1. Staff conducted an annexation study including a priority ranking of areas identified for
potential annexation;
September 1, 2009
2. On , staff presented a priority ranking of the areas proposed for
annexation and received direction from the City Council to proceed with the annexation
process of specific areas;
December 9, 2009
3. On , staff presented the results of the annexation study, including the
goals of the proposed annexation, and planning rationale of selecting the areas identified
for annexation to the Planning and Zoning Commission (P & Z) via a work session. At
the conclusion of the presentation, the P&Z Commission voted unanimously to
recommend annexation of the identified areas;
January 12, 2010
4. On , City Council held the first of two (2) required public hearings; and
January 19, 2010
5. On , City Council held the second of two (2) required public hearings.
PUBLIC NOTIFICATION:
1. On October 29, 2009, staff mailed 1,490 notices of Intent to Annex to all owners of
property within the annexation areas, property owners within 500 feet of each annexation
areas, public entities, railroad companies that serve the City and are
-of-way is in the annexation area, and all independent school
districts.
2. On December 23, 2009, staff mailed 224 Non-Annexation Agreements (with attached
cover letter) to the owners of property appraise for ad valorem taxes as agricultural,
wildlife preservation or timberland uses in accordance with Tx.LGC 43.035 and 212.172.
3. On December 30, 2009, staff mailed 375 public hearing notices to all owners of property
within the annexation areas, 1,157 courtesy notices to property owners within 500 feet of
the annexation areas, and 7 notices to four (4) Independent School Districts informing
them of the annexation public hearings.
4. On December 30, 2009, staff mailed seven (7) letters to Denton, Argyle, Krum and
Ponder Independent School Districts informing them of the proposed annexation and
addressing any financial impact and utility rate changes that may result from the
annexation in accordance with Tx.LGC 43.905.
5. On December 30, 2009, staff mailed three (3) public hearing notices by certified mail to
the railroad companies that serve the City and are on the City's tax roll if the company's
right-of-way is in the area proposed for annexation informing them of the annexation
public hearing.
6. On December 30, 2009, staff sent thirty (30) public hearing notices via inter-office mail
to various departments within the City of Denton including Water Administration,
Denton Police Department, Utilities Administration, Solid Waste Department,
Engineering and Transportation Department.
7. Staff also created an internet webpage for the proposed annexation
(www.cityofdenton.com). The following information is posted on the webpage:
a. A letter to the citizens of Denton explain the purpose and goal of the annexation;
b. Notice of public hearings;
c. Annexation schedule; and
d. Annexation Service Plan;
OPTIONS
1. Proceed with the annexation.
2. Amend the land area proposed for annexation.
3. Amend the Service Plan.
4. Amend the Non-Annexation Development Agreements.
5. Discontinue annexation.
RECOMMENDATION
The Planning and Zoning Commission recommends the annexation proceed as presented by a
vote of 7-0.
Staff recommends that the annexation proceed as presented.
EXHIBITS
1. Areas Proposed for annexation;
2. PAA1 Annexation Area Location Map (including area survey and metes and bounds
description);
3. PAA2 South Annexation Area Location Map (including area survey and metes and
bounds description);
4. PAA3 Annexation Area Location Map (including area survey and metes and bounds
description);
5. PAA4 Annexation Area Location Map (including area survey and metes and bounds
description);
6. DH-1 Annexation Area Location Map (including area survey and metes and bounds
description);
7. DH-2 Annexation Area Location Map (including area survey and metes and bounds
description);
8. DH-3 Annexation Area Location Map (including area survey and metes and bounds
description);
9. DH-4 Annexation Area Location Map (including area survey and metes and bounds
description);
10. DH-5 Annexation Area Location Map (including area survey and metes and bounds
description);
11. DH-6 Annexation Area Location Map (including area survey and metes and bounds
description);
12. DH-8 Annexation Area Location Map (including area survey and metes and bounds
description);
13. DH-10 Annexation Area Location Map (including area survey and metes and bounds
description);
14. DH-11 Annexation Area Location Map (including area survey and metes and bounds
description);
15. DH-13 Annexation Area Location Map (including area survey and metes and bounds
description);
16. DH-14 Annexation Area Location Map (including area survey and metes and bounds
description);
17. Service Plans; and
18. Annexation Schedule
Prepared by: Respectfully submitted:
Mark Cunningham, AICP, CPM Fred Greene
Director of Planning and Development Assistant City Manager
EXHIBIT I
Areas Proposed for Annexation
EXHIBIT 2
PAA1
Location: South side of Jim Christal Road; north side of Tom Cole Road; west of Masch Branch
Road.
Area: Approximately 1,171 acres
PAA1
Area Survey
EXHIBIT 3
PAA2 South
Location: South side of FM1173; north of W. University Drive; west of I-35
Area: Approximately 1,472 acres
F'A.A2 S
t
i
~E
1
6...~
it
i
1
r
77
_ 1311
1
j
;
1
~
1
~1 I i 1
t t
1
~ ly~l,
~
t
I
~l
EI
1
C
ern
4
PAA2S
Area Survey
L
C,
1
y)
.D
PAA2
EXHIBIT 4
PAA3
Location: South side of Ganzer Road; north and south of Barthold Road; north of FM 1173; west
of I-3 5.
Area: Approximately 1,075 acres
a
P AA3
'
i
n ~
a
r
III
I
~ ~h
k'N2
R
O !
G
F
R
N
~tt
`
Q
t
~
f
l7
I
~
t
h
A
1
s
all
I F
inn
4
I
p4RSt:H 1 h:V6P -H Wll
I ~ I
khl if is
~~I
7
1
k
P Rk K i1~`i
f IN ~'ivl
1 =
t 1~
R-y
I iSYti >HI ki,
~fi'
.uE^.~ ~5r OF.
{
I
PAA3
Area Survey
EXHIBIT 5
PAA4
Location: South side of Milam Road; north of Loop 288; east of I-35
Area: Approximately 1,555 acres
s
P AA4
cJa
I i
i
I
,
~ tl
L
!
.7
i
I
f~.~fol.~p
ie:F
PAA4
Area Survey
EXHIBIT 6
DH-1
Location: East of H. Lively Road; south of FM 2449; west side of John Paine Road
Area: Approximately 315 acres
DH-1
Area Survey
EXHIBIT 7
DH-2
Location: South side of University Drive; west and east sides of Thomas J. Egan Road; north of
Jim Christal Road; west of Masch Branch Road
Area: Approximately 258 acres
DH-2
Area Survey
- , „~J-, IVV cly )OL)
DH 2
r i-
i
T iS
,U
EXHIBIT 8
DH-3
Location: South side of Spring Side Road; north, south and west of Corbin Road; west of I-35
Area: Approximately 421 acres
A 1
~
I
I
r.
DH-3
Area Survey
F.M. 1515
c
~J
EXHIBIT 9
DH-4
Location: East side of Bonnie Brae Street; west of Fort Worth Drive; east and west of Vintage
Area: Approximately 347 acres
DH-4
Area Survey
EXHIBIT 10
DH-5
Location: East side of Fort Worth Drive; west of Country Club Drive; north of Bush Creek Road
Area: Approximately 307 aces
DH5
f
1
J
k
tV
P
€I
T
y
~
t
DH-5
Area Survey
EXHIBIT 11
DH-6
Location: East side of Teasley Lane; north of Hickory Creek Road; west of Lipizzan Court
Area: Approximately 9 acres
DH-6
Area Survey
77
7E
- - -
EXHIBIT 12
DH-8
Location: West of Old Edwards Road; north and south of Edwards Road
Area: Approximately 29 acres
S
l
DH8
I
II
!
y
I
F 1.
J 1
DH-8
Area Survey
EXHIBIT 13
DH-10
Location: South side of East McKinney; east and west of Lakey Circle
Area: Approximately 87 acres
Y DH1C1
DH-10
Area Survey
DH 10
EXHIBIT 14
DH-11
Location: Southeast of the intersection of Mayhill Road and McKinney Street
Area: Approximately 388 acres
DH 11
f
1
I
q
i
7
t
y
tea...
ti
i
I
+i
J
i
1
DH-11
Area Survey
EXHIBIT 15
DH-13
Location: West of the intersection of N. Locust Street and Bobcat Road; south of Chaparral
Road
Area: Approximately 16 acres
DH-13
Area Survey
F.M. 3103 MiIarn IndE
z
l
c
((0
l~
014
48
N' 88-50-22 E N 89--11 E
740.652ft. 436.5031.
S, 1-39-37 07.089ft.
N 89-25-13 1"F.956ft_
} I~
N, 1-9-30''S44'.11-t. DH 13 f ~ I
I
N 89-11-54 W
71.508ft_
89-12-59 W 658.19ft.
N 89-56-53 W
608.319ft.
}
~oint of
Beginning i(
EXHIBIT 16
DH-14
Location: South side of Robinson Road; east of Teasley Lane
Area: Approximately 26 acres
7--
- -
- -
~I I
!I
i
~
_
I
~ T
t
{ P t ! ~
~ ~
' seat-.~.~,s,~ _'t.,
~ ~
~ ,r -.•.7`.~- 1
y
i. _
7
'T
11
I
e
i
DH-14
Area Survey
uu
-
LiL
IL
r
~ r
1
I
I
I
I
If
~I
E RJ n R;1.
I
i
PC l 'It of
Rohir.son Rai.
I
I
II
H 14
a .
I
p
I ~n
--~J I
II
_
~
r
I
HI k o I y (_'t"_.P . Rd
.
CC,
i
Lighthouse Gr.
-L L - L
Pti u1lt~C tO
Iii L
EXHIBIT 17
2010 Annexation
CITY OF DENTON SERVICE PLAN
I.AREA ANNEXED
The areas to be annexed include approximately 7,480 acres of land contained in fifteen (15)
areas. Four (4) of the 15 areas are primarily located within the northwestern quadrant of the City
Jurisdiction (ETJ), Division 1 and are identified as PAA1, PAA2
South, PAA3 and PAA4. These areas include approximately 5273 acres of land. The remaining
eleven (11) areas are unincorporated ETJ pockets and are located within the body of the City of
Den-1, DH-2, DH-3, DH-4,
DH-5, DH-6, DH-8, DH-10, DH-11, DH-13 and DH-14. These areas include approximately
2207 acres of land. The proposed annexation contains multiple owners in 15 distinct areas, as
shown on the attached location map. A general description of each area is also attached.
II.INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government Code,
Sections 43.021; 43.065; and 43.056(b)-(o) (Vernon 2008, as amended). Municipal facilities and
services to the annexed areas described above will be provided or made available on behalf of
the City of Denton in accordance with the following plan. The City of Denton shall provide the
annexed tract the levels of service, infrastructure, and infrastructure maintenance that are
comparable to the levels of service, infrastructure, and infrastructure maintenance available in
other parts of the City of Denton with similar topography, land use, and population density.
III.AD VALOREM (PROPERTY OWNER) TAX SERVICES
A.Police Protection
Police protection from the City of Denton Police Department shall be provided to
the areas annexed at a level consistent with current methods and procedures
presently provided to similar areas on the effective date of the ordinance. Some
of these services include:
1. Normal patrols and responses;
2. Handling of complaints and incident reports;
3. Special units, such as traffic enforcement, investigations and special
weapons; and
4. Coordination with other public safety support agencies.
As development commences in these areas, sufficient police protection, including
personnel and equipment will be provided to furnish these areas with the level of
police services consistent with the characteristics of topography, land utilization
and population density of the areas.
Upon ultimate development, police protection will be provided at a level
consistent with other similarly situated areas within the city limits.
B.Fire Protection
The Denton Fire Department (DFD) will provide emergency and fire prevention
services to the annexation areas. These services include:
1. Fire suppression and rescue;
2. Pre-hospital medical services including triage, treatment and
transport by Advanced Life Support (ALS) fire engines, trucks and
ambulances;
3. Hazardous materials response and mitigation;
4. Emergency prevention and public education efforts;
5. Technical rescue response; and
6. Construction Plan Review and required inspections.
Fire protection from the City of Denton shall be provided to the areas annexed at
a level consistent with current methods and procedures presently provided to
similar areas of the City of Denton on the effective date of the ordinance.
As development commences in these areas, sufficient fire protection, including
personnel and equipment will be provided to furnish these areas with the level of
services consistent with the characteristics of topography, land utilization and
population density of the areas. It is anticipated that fire stations planned to serve
areas currently within the City of Denton will be sufficient to serve areas now
being considered for annexation.
Upon ultimate development, fire protection will be provided at a level consistent
with other similarly situated areas within the city limits.
C.Emergency Medical Service
The Denton Fire Department (DFD) will provide the following emergency and
safety services to the annexation areas. These services include:
1. Emergency medical dispatch and pre-arrival First Aid instructions;
2. Pre-hospital emergency Advanced Life Support (ALS) response; and
transport;
3. Medical rescue services.
Emergency Medical Services (EMS) from the City of Denton shall be provided to
the areas annexed at a level consistent with current methods and procedures
presently provided to similar areas of the City of Denton on the effective date of
the ordinance
As development commences in these areas, sufficient EMS, including personnel
and equipment will be provided to furnish these areas with the level of services
consistent with the characteristics of topography, land utilization and population
density of the areas.
Upon ultimate development, EMS will be provided at a level consistent with other
similarly situated areas within the city limits.
D.Solid Waste
Solid Waste and Recycling Collection Services will be provided to the newly
annexed property immediately upon the effective date of the annexation at a level
consistent with current methods and procedures presently provided to similar
areas within the city. Private solid waste collection service providers operating in
the affected area immediately prior to annexation and currently providing
customers with service, may continue to provide their existing service for up to 2
years in accordance with Texas Local Government Code.
E.Wastewater Facilities
All the proposed annexation areas are within the City of Denton Sewer Service
Area as defined by Certificate of Convenience and Necessity (CCN) Number
20072 as issued by the Texas Commission on Environmental Quality (TCEQ)
As development commences in these areas, sanitary sewer mains will be extended
City participation in the costs of these extensions shall be in accordance with
applicable City ordinances and regulations. Capacity shall be provided consistent
with the characteristics of topography, land utilization, and population density of
the areas.
Sanitary sewer mains and lift stations installed or improved to City standards
within the annexed areas which are located within dedicated easement, rights-of-
way, or any other acceptable location approved by the City Engineer, shall be
maintained by the City on the effective date of this ordinance.
Operation and maintenance of wastewater facilities in the annexed areas that are
within the service area of another water utility will be the responsibility of that
utility. Operation and maintenance of private wastewater facilities in the annexed
area will be the responsibility of the owner.
F.Water Facilities
PAA1, PAA4, DH-1, DH-2, DH-3, DH-4, DH-5, DH-6, DH-8, DH-10, DH-11,
DH-13, and DH-14 annexation areas are within the City of Denton Water Service
Area as defined by Certificate of Convenience and Necessity (CCN) Number
10195 as issued by the Texas Commission on Environmental Quality (TCEQ).
PAA2S and PAA3 annexation areas lie within the City of Denton Water Service
Area as defined by Certificate of Convenience and Necessity (CCN) Number
10195 as issued by the Texas Commission on Environmental Quality (TCEQ).
Bolivar Water Supply Corporation is dually certified in portions of this area under
CCN Number 11257.
Connections to existing City of Denton water distribution mains for water service
will be provided in accordance with existing City ordinances and policies. Upon
connection to existing distribution mains, water service will be provided at rates
established by city ordinance.
As new development occurs within these areas, water distribution mains will be
rdinances and utility service
policies. City participation in the costs of these extensions shall be in accordance
consistent with the characteristics of topography, land use and population density
of the area.
Operation and maintenance of water facilities in the annexed area that are within
the service area of another water utility will be the responsibility of that utility.
Existing developments, businesses or homes that are on individual water wells or
private water systems will be allowed to continue to remain on these systems until
a request for water service is made to the City. These requests for service will be
handled in accordance with the applicable utility service line extension and
connection policies currently in place at the time the request for service is
received.
G.Roads and Streets
Emergency street maintenance shall be provided within the annexation areas on
the effective date of the applicable ordinance of acceptance. Routine maintenance
will be provided within the annexation areas and will be scheduled as part of the
defined by the ordinance and/or as established by the City Council.
Any construction or reconstruction will be considered within the annexation areas
budgetary allotments by the City Council.
Roadway signage and associated posts will be replaced in priority of importance
starting with regulatory signs, then warning signs, then informational signs and in
conformance with fiscal allotments by the City Council. If a sign remains, it will
ting for routine replacement.
All exiting signs will be reviewed for applicability and based upon an engineering
study. New signs will be installed when necessary and based upon an engineering
study.
Routine maintenance of road/street markings will be placed on a priority listing
and scheduled within the yearly budgetary allotments by the City Council.
H.Parks, Playgrounds, Swimming Pools
Residents within the areas annexed may utilize all existing park and recreation
facilities, on the effective date of this ordinance. Fees for such usage shall be in
accordance with current fees established by ordinance.
As development commences in these areas, additional park and recreation
facilities shall be constructed based on park policies defined in the Park Master
Plan and as specified in the Park Dedication and Development Ordinance. The
general planned locations and classifications of parks will ultimately serve
residents from the current City limits and residents from areas being considered
for annexation.
I.Publicly Owned Facilities
Any publicly owned facility, building, or service located within the annexed area,
and not otherwise owned or maintained by another governmental entity, shall be
maintained by the City of Denton on the effective date of the annexation
ordinance.
J.Other Services
Other services that may be provided by the City of Denton, such as municipal and
general administration will be made available on the effective date of the
annexation. The City of Denton shall provide level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance available in other parts of the City
of Denton with topography, land use, and population density similar to those
reasonably contemplated or projected in the area.
III.UNIFORM LEVEL OF SERVICES IS NOT REQUIRED
Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal
services to each area of the City, including the annexed area, if different characteristics of
topography, land use, and population density are considered a sufficient basis for providing
different levels of service.
IV.TERM
This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be
at the discretion of City Council.
V.AMENDMENTS
The service plan may be amended if the City Council determines at a public hearing that changed
conditions or subsequent occurrences make this service plan unworkable or obsolete. The City
Council may amend the service plan to conform to the changed conditions or subsequent
occurrences pursuant to Texas Local Government Code, Section 43.056.
EXHIBIT 18
2010 Annexation Schedule Exempted Areas
st
Tuesday, 1/12/20101 Public Hearing
City Council
nd
Tuesday, 1/19/20102 Public Hearing
City Council
st
Tuesday, 2/9/20101 Reading of Annexation Ordinances
Tuesday,2/16/2010 Publication of Annexation Ordinances
in Denton Record
Chronicles
nd
Tuesday,5/4/20102 Reading and Adoption of the Annexation Ordinances
Final City Council action.
Note: Annexations must be rigidly coordinated in conjunction with the City Council public hearing
schedule due to specific timing mandates established by Texas State Law. The Texas Local Government
st
Code requires that City Council institute annexation proceedings (1 Reading of the Ordinance) more
st
than 20 days after the second City Council public hearing but less than 40 days from the 1 City Council
public hearing.
l
Residents within the areás ánnexed máy utilizê álI existing park and recre,ztion
facilities, on the effective date of this ordinance. Fees for such usage shall be in
accordance with current fees established by ordinance.
As development commences in these areas, addítíonal park and recreation
fäcilities shali be constructed based on park policies defined in the Park Ivtastêi
Plan and as specified in the Park Dedication and Development Ordinance. The
general pIanned locations and classifications of pazks will ultimately serve
residents from the current City Iimits and residents from areas being considered
for annexation.
1. PubIicly Owned Facilities
Any publicly owned facility, building, or service located within the annexed area,
and not otherwise owned or maintained by another governmental entity, shall be
maint,ai.ned by the City of Denton on the effective date of the annexation
ordinance.
J. Other Services
Other services that may be provided by the City of Denton, such as municipal and
general adm.in.istration will be made available on the effective date of the
annexation. The City of Denton shall provide level of services, infrastructure, and
infrastructure maintenaiice that is comparable to the level of services,
infrastructure, and infiastructure maintenance availabie in other parís of the City
of Denton with - topography, Iand use, and population density similar to those
reasonably contemplated or projected in the area.
M. UNIFORM LEVEL OF SERVĩOES ĩS NOT REOUIRED
Nothing in this plan shall require the City of Denton to provide a uniform level of fiil1 municipal
services to each area of the City, including the annexed area, if different characteristics of
topography, land use, and population densiiy are considered a sufficient basis for providing
different levels of service.
IV. TERM
This service plan shall be valid for a terrn of ten (10) years. RenewaI of the service plan shatl be
at the discretion of City Council.
v. AMENDNrENTs
The service plan may be amended if the City Council determines at a public hearing that changed
: conditions or subsequent occurrences make this service 'plan unwōrkable or obsolete. The City
Cou.ncil may amend the service pian tō conform to the changed conditiōns 'or subsequent
: -occurrences pursuant to Texas Local Government Code; Sectiori 43:056.
.5 ~
. - ~