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Home My WebLink About2000-018\\CH LOUVOLIWaz W(VQLWw 4aa "rduimaWMM 01k.. IVmoaE ORDINANCE NO ,'WO- alO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING TWO TRACTS COMPRISING 17172 ACRES, LOCATED SOUTH OF ROBINSON ROAD IN THE OAKMONT IV SUBDIVISION, ESTABLISHING PLANNED DEVELOPMENT (PD-111) ZONING DISTRICT CLASSIFICATION AND LAND USE DESIGNATION BY APPROVING A CONCEPT PLAN, PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000 FOR VIOLATIONS, 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 other municipalities, and WHEREAS, the City of Denton and the City of Corinth entered into a Memorandum of Agreement (MOA), attached as Exhibit A, with regard to the adjustment of city boundaries 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, this ordinance has been published in full one time in the official newspaper of the City of Denton after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter, 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 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 Planned Development (PD-111) with approval of the Concept Plan Development Standards described in Exhibit C, attached hereto and incorporated by reference \\CH WLWOI.Nbar[Cb,"L\Our WWMMU` ,,,Im[MM 9SOA—M IV emux 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 part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all the real property described in Exhibit A 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 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 of 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 (10) days of the date of its passage PASSED AND APPROVED this the 16�j day of 2000 JA MI ,LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY ED APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 EXHIBIT A 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 ("Conn& ), 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 limits Imes between Denton and Corinth split a subdivision of Denton County known as Oakmont IV, 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 will enhance the development of Oakmont IV subdivision in each city and be as shown by the maps attached hereto as exhibits, and WHEREAS, 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 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 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 DISANNEXATION AND RELEASE OF EXTRATERRITORIAL JURISDICTION 101 Corinth agrees that it will disannex and waive extraterritorial jurisdiction over the 17 172 acre tract of land described in Exhibit "A", attached hereto and made part hereof for all purposes, in the manner provided by Chapter 43 of the Texas Local Government Code 102 Denton agrees that it will disannex and waive extraterritorial junsdretion over tracts of 10 603 acres and 5 709 acres respectively, described in Exhibits "B" and "C", attached Page 1 19355 hereto and made part hereof for all purposes, in the manner provided by Chapter 43 of the Texas Local Government Code 103 Upon the disannexation and waiver of extraterritorial jurisdiction by the cities as provided in Sections 101 and 102 above, the boundaries of Denton and Corinth shall be adjusted accordingly, subject to the annexation actions by each 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 Exhibits `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 interlocal 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 Page 2 19355 V PERFORMANCE 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 VI SEVERABILITY If any provision of this Agreement is held to be illegal, invalid or unenforceable, 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 CITY OF •• ism .�ii !. 'MAYOR- - EST ATTEST J CITY SECRETARY APPROVED 'AS\TO FORM �/ ROVED AS F Z- — a— ITY ATTORNEY CITY ATTORNEY (rld/4-23-99) 11 Page 3 19355 EXHIBIT A LEGAL DESCRIPTION TRACT 1 17 110 ACRES BEING a tract of land situated in the Berry Merchant Survey, Abstract Number 800, Denton County, Texas and being a portion of that tract of land formerly described by deed to Trmberglen as recorded in County Clerks Filing Number 95-R0079950 and burg more particularly described by metes and bounds as follows COMMENCING at the most northerly northwest comer of said Trmberglen Company tract said point being in the south right-of-way line of Robinson Road ( an 80' Right-of-way), THENCE S 03"35'36"W, 145181 feet to the POINT OF BEGINNING THENCE S 86*55'29"E, 155 87 feet, THENCE N 5903 1'5 1 "E, 79 49 feet to the beginning of a curve to the right, THENCE with said curve to the right, through a central angle of 08"4843", having a radius of 270 00 feet, the long chord of which bears S 18"04'26"E, 4148 feel, an arc distance of 4153 feet, THENCE N 83"23'28"E, 183 73 feet, r THENCE S 07058'3 VW, 46 39 feet, THENCE S 06036'32"E, 735 13 feet, THENCE S 52055'03"W, 280 98 feet, THENCE S 07014'55"W, 394 58 feet, THENCE S 03049'09"E, 585 42 feet to a point in the City Limit line between the City of Denton and the City of Corinth, THENCE N 85044'40"W, 365 72 feet along said City Limit line, THENCE N 03006'13"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 981727014 S#XXX February 18, 1999 J \JOB\98172714\SUR\WP\LEG\G001 OUT Page 1 of I EXHIBIT A LEGAL DESCRIPTION TRACT 2 0 062 ACRES BEING a tract of land situated in the A H Serren Survey, Abstract Number 1198, Denton County, Texas and being a portion of that tract of land formerly described by deed to Timberglen as recorded in County Clerks Filing Number 95-R0079950 and burg more particularly described by metes and bounds as follows COMMENCING at the most northerly northwest comer of said Timberglen Company tract said point being in the south right-of-way line of Robinson Road (an 80' Right -of -Way), THENCE S 03035'36"W, 145181 feet, THENCE S 03006'13"W, 1883 13 feet, THENCE S 85°44'40"E, 365 72 feet, THENCE S 03049'04"E, 3 56 feet to the POINT OF BEGINNING said point being on the City Limit line between the City of Denton and the City of Corinth, THENCE S 02°41'50"W, 380 23 feet departing said City Limit line, s THENCE S 82°17'59"W, 14 37 feet returning to said City Limit line, THENCE N 04°48'42"E, 383 08 feet along said d City Limit line to the POINT OF BEGINNING and containing 2,687 square feet or 0 062 acres of land more or less C&B Job No 981727014 SNXXX February 18, 1999 J VOB\98172714\SUR\WP\LEG\G004 OUT Page 1 of I N59,°T31451'E aE 99 99S86055 29 N83023 20 E 155 87 183 73' S07058 31 W /- 46 79 4=08048'43 R=270 00 L-41 53 T=20 80 L C=S18004 26 E 41 48 m J 171100ACRES HartW sP wxs I cc m m 996, e° ow = �,m o_ ; z Y 'm P O J J A O NW W 2 u�a a n- No m qq L 50304y 04E 3 56 a,: 65 72 W --lewxlYtr! BUS VLUAL 4 O _ WHO el \ / V W O �,q CT 2 Pm KM % 0 ACRE QM O q MAVCSO=A! Lr � O tt b Nn9V6/ V b S8204 77 9 W a EXHIBIT A m 0 300 600 900 Z AN EXHIBIT OF TWO TRACTS OF LAND 5 17110 & 0 062 ACRES GRAPHIC SCALE IN FEET. = SITUATED IN THE BERRY MERCHANT SURVEY ABSTRACT NUMBER 600 AND THE A H SERREN SURVEY ABSTRACT NUMBER 1198 DENTON COUNTY TEXAS Carter B BurgesS SHT NO "MIGND GAITER 8 BURGESSINC.JOB NO 981727014 EXHIBIT B LEGAL DESCRIPTION 10 603 ACRES BEING a tract of land situated in theA H Serren Survey, Abstract Number 1198, Denton County, Texas and being a portion of drat tract of land formerly described by deed to Timberglen as recorded in County Clerks Filing Number 95-R0079950 and bing more particularly described by metes and bounds as follows at the most southerly southeast corner of said Timberglen Company tract, THENCE N 86"28'58"W, 1799 70 feet, THENCE N 01 030'20"W, 17124 feet THENCE N 03a35'38"E, 643 98 feet to the POINT OF BEGINNING said point being on the City Limn line between the City of Denton and the City of Connih, THENCE N 80015'38"W, 342 08 feet departing said City Lmut line, THENCE N 81 "06'46"W, 30182 feet, THENCE N 09"58'23"W, 109 67 feet, THENCE N It 004'33"E, 95 57 feet, THENCE N 46032'45"E, 102 34 feet, THENCE N 14" 16'30"E, 214 60 feet, THENCE N 18050'30"E, 286 00 feet, THENCE S 84054'08"E, 487 65 feet returning to said City Limit line, THENCE S 04"52'43"W, 814 96 feet along said City Limn line to the POINT OF BEGINNING and containing 461,887 square feet or 10 603 acres of land more or less C&B Job No 981727014 S#XXX February 18, 1999 J VOB\98172714\SUR\WP\LEG\G002 OUT Page 1 of 1 R* Z z w 0 a p o '00 y �m 0 O JW NN JN w W m as •cn N1,016 f � X ti O m � NN C? E s v L] —vluv city LMI7S CORINT8 CITY LIMIrs SO4o 5 814 P n F7 JLJ m O 0 EXHIBIT B AN EXHIBIT OF 10 603 ACRES OF LAND SITUATED IN THE BERRY MERCHANT SURVEY, ABSTRACT NUMBER 800, DENTON COUNTY, TEXAS tr!_ Carter nSur s DATE 2-17-99 SHT NO CARTER & B MC DRAWN TM rnn iM IR1.119oo-m, DESIGNED ,_w JOB NO 9B1727014 CHECKED JFK m F EXHIBIT C LEGAL DESCRIPTION 5 709 ACRES BEING a tract of land situated in the A H Serren Survey, Abstract Number 1198, Denton County, Texas and being a portion of that tract of land formerly described by deed to Timberglen as recorded in County Clerks Filing Number 95-R0079950 and burg more particularly described by metes and bounds as follows COMMENCING at the most southerly southeast comer of said Timberglen Company tract, THENCE N 86"28'58"W, 1799 70 feet, THENCE N 01 °30'20"W, 17124 feet to the POINT OF BEGINNING said point being on the City Limit line between the City of Denton and the City of Connlh, THENCE N 85042'20"W, 724 62 feet along said City Limit line, THENCE N 04017'40"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 981727014 S#XXX March 10, 1999 J VOB\98172714\SUR\WP\LEG\G003 OUT Page I of I 0 O Dr V1 D Z ar mm > D n� � y zn cM> i �$ mo (� Dz Pf c� b m �f 7� x m _ -z-1 mm �Y ,$ OA Z'< n a yOn O A 666E ZO � 2 K z k HN Xc Nm 3 55 INC Now" CITY LIMITS N01 ° 30 W 11 n ti rI z a N p N v G pia m to o� m z m N O �a w� w o t0 w /m J2COWDENTON C/rY LMIrSRlNTH CITY L[Mlr DATE 2-17-99 SHT NO DRAWN TM DESIGNED CHECKED JFK ANNEXATION SERVICE PLAN EXHIBIT B (A-95) A Part of the Denton - Corinth Boundary Adjustment EXHIBIT B ANNEXATION SERVICE PLAN CASE NUMBER A-95 (Oakmont I� AREA 17 16 acres LOCATION South of Robinson Road in the Oakmont Country Club area Municipal services to the site described above shall be famished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule - A. Police Protection B. C. D. 1 Police service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment 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 Solid Waste Collection 1 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 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 E. 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 afid the effective date of the annexation using existing personnel and equipment ANNEXATION SERVICE PLAN (A-85) A Part of the Denton - Corinth Boundary Adjustment 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 effective date of the annexation using existing personnel and equipment However, there are no existing parks, playgrounds, swimming pools, and other recreational facilities in the area G. Electric Facilities I 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 I. Code Enforcement, Building Inspections and Consumer Health Services 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 J. Planning and Development Services 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 (CIP) 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 EXHIBIT C CONCEPT PLAN DEVELOPMENTSTANDARDS Land Uses Single -Family Patio Homes Accessory Uses Maximum Building Height 2 stones Minimum Set Backs Front 20' Side 5' Side Corner 15' Rear 10, Minimum Lot Dimensions Width 40' Depth 90, Area 3,600 square feet Minimum Dwelling Size 1,250 square feet Maximum Lot Coverage 65% Maximum Density 6 5 dwelling units per acre Minimum Parking Required Two off-street spaces per dwelling unit Single faintly homes shall be constructed of masonry, stucco, or of a glass building material 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