HomeMy WebLinkAbout1999-143P \SHAMMDEPnWL`Om CttummY\AEIwm[A9YN 790Minuae Cac
ORDINANCE NO "! 7 "2�
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 52 49 ACRES OF
LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED
ON THE SOUTH SIDE OF RYAN ROAD, APPROXIMATELY ONE HUNDRED AND
FIFTY (150) FEET EAST OF FORESTRIDGE DRIVE IN THE COUNTY OF DENTON,
TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY, PLACING
THE PROPERTY IN A PERMANENT SINGLE-FAMILY 16 (SF-16) ZONING DISTRICT
ON 20 98 ACRES AND SINGLE-FAMILY 10 (SF-10) ON 3151 ACRES, PROVIDING A
SEVERABILITY CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING AN EFFECTIVE DATE (A-
79/Z-98-058)
WHEREAS, Greg Edwards, on behalf of Charles Strafford, has petitioned for annexation
of 52 49 acres of land to the City of Denton, Texas, and requested Single-family 16 (SF-16)
zoning district classification and use designation for 20 98 acres and Single-family 10 (SF-10)
zoning district classification and use designation for 3151 acres within the annexed area, and
WHEREAS, the City of Denton on February 9, 1999, heard the petition and agreed to
grant the petition for annexation of 52 49 acres of land, and
WHEREAS, on February 24, 1999, the Planning and Zoning Commission recommended
approval of the petition for annexation and the Single-family 16 (SF-16) zoning district
classification and use designation for 20 98 acres and Single-family 10 (SF-10) zoning district
classification and use designation for 3151 acres, and
WHEREAS, public hearings were held in the Council Chambers on March 23, 1999, and
March 30, 1999, (both days being on or after the 40`h day but before the 20`h day before the date
of the 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 April 20, 1999, and
WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Denton on April 24, 1999, after annexation proceedings were instituted and 30
days prior to City Council taking final action, as required by City Charter, and
WHEREAS, the City Council finds that the annexation will be in compliance with the
1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth
Management Strategies and Plan, NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the tract of land described in Exhibit "A", attached hereto and
incorporated by reference, is annexed to the City of Denton, Texas
S Our OocwomNeWrtllnpep\9AA79 OrY..n
SECTION II That the service plan attached as Exhibit `B", and incorporated by
reference, which provides for the extension of municipal services to the annexed property, is
approved as part of this ordinance
SECTION III That the zoning district classification and use designation of the 20 98
acre property described in the legal description attached hereto and incorporated herein as
Exhibit "C" is designated as a Single-family 16 (SF-16) zoning district classification and use
designation and the zoning district classification and use designation of the 3151 acre property
described in the legal description attached hereto and incorporated herein as Exhibit "D" is
designated as a Single-family 10 (SF-10) zoning district classification and use designation under
the comprehensive zoning ordinance of the City of Denton, Texas
SECTION IV That the City's official zoning map is amended to show the zoning district
classifications and use designations of the property annexed
SECTION V Should any part of this ordinance be held illegal for any reason, the
holding shall not affect the remaining portion of this ordinance and the City Council hereby
declares it to be its purpose to annex to the City of Denton all the real property described in
Exhibit "A" regardless of whether any other part of the described property is hereby effectively
annexed to the City If any part of the real property annexed is already included within the city
limits of the City of Denton or within the limits of any other city, town or village, or is not within
the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory
annexed as fully as if the excluded area were not expressly described in this ordinance
SECTION VI That any person violating any provision of this ordinance relating to the
zoning district classifications and use designation shall, upon conviction, be fined a sum not
exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a
separate and distinct offense
SECTION VII That this ordinance shall become effective thirty (30) days from the date
of its final passage and publication, and the City Secretary is hereby directed to cause the entire
ordinance to be published once and the descriptive caption to be published twice in the Denton
Record-Chromcle, the official newspaper of the City of Denton, Texas, within ten (10) days of
the date of its passage
PASSED AND APPROVED this tbC� day of 1999
94�w_L...d (�..
JACK,�PtLER, MAYOR
Page 2 of 3
s Wur Oo�ammWAryncMaeVmA'ro ONlnemaEx
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY �—
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 3 of 3
EXHIBIT A
All that certain tract of land situated in the N Britton Survey, Abstract# 51 an the T Labor Survey,
Abstract# 779, Denton County, Texas and being a resurvey of all of a called 521486 acre tract of land
described in the Partition Deed to Shelton Ryan recorded in Volume 2522, Rage 898 of the Real
Property Records of Denton County, Taxes, as monumented and occupied on the ground the subject
tract being more particularly described as follows
BEGINNING at the Northwest comer of the tract being described NMin at a 1/2" iron rod found for
comer at the Northwest comer of said 52 486 acre tract in the South line of a road briclar apparent public
use posted as Ryan Road,
THENCE South 68 Degrees 55 Minutes 09 Seconds East with the South line ofjsaid Road a distance
of 872 29 feet to a'A" iron rod found for corner at the Northeast corner of said lip 486 acre tract,
THENCE South with the East line of said 52 486 acre tract a distance of 2612 8P feet to a W' Iron roo
found far corner at the Southeast comer of said 52 466 acre tract, '
THENCE South 89 Degrees 49 Minutes 45 Seconds West a distance of 87177 feet to a W, iron rod
found for corner at the Southwest corner of said 52 486 acre tract,
TH ENCE North 00 Degree 00 Minute 28 Seconds West a distance of 263185 fleet to the PLACE OF
BEGINNING 4ND CONTAINING 52 49 acres of land, more or less
ANNEXATION SERVICE PLAN
CASE NUMBER A-79 (Thistle Hill Estates)
AREA 52 49 acres
LOCATION On the south side of Ryan Road, one hundred and fifty (150) feet east of
Forestndge Road in Denton's extraterritorial Jurisdiction (ETJ)
Municipal services to the site described above shall be furnished by or on behalf of the City of
Denton, Texas, at the following levels and in accordance with the following schedule
A Police Protection
Police service, including patrollmg, response to calls, and other routine functions, will
be provided to the property on the effective date of the annexation using existing
personnel and equipment
As development and construction commence within this area, sufficient police personnel
and equipment will be extended to serve this area by any of the methods used to serve
comparable areas within the municipality (consistent with the characteristics of the
topography, land uses and population densities) within four and a half (4 ''/2) years after
the effective date of the annexation, or upon commencement of development within the
area, whichever occurs first
Upon ultimate development of the area, the same level of police service will be provided
to this area as is furnished to comparable areas within the municipality As of this
annexation request, the average response time in the municipality is 10 minutes for
priority calls and 22 minutes for non-pnonty The City's estimated average response
times for this area are 9 52 minutes and 20 35 minutes, respectfully
B Fire Protection
Fire protection (within the limits of existing hydrants) and emergency medical services
will be provided to the property on the effective date of the annexation using existing
personnel and equipment
2 As development and construction commence within this area, sufficient fire and
emergency medical service personnel and equipment will be extended to serve this area
by any of the methods used to serve comparable areas within the municipality
(consistent with the characteristics of the topography, land uses and population
densities) within four and a half (4 I/2) years after the effective date of the annexation, or
upon commencement of development within the area, whichever occurs first
Upon ultimate development of the area, the same level of fire protection and emergency
medical service will be provided to this area as is furnished to comparable areas within
the municipality Fire Station # 6 will become the primary company in response As of
this annexation request, the average response time in the City of Denton is 4 minutes
An appropriate response time is 5 minutes
4 '9 Mu'A'atnn V rvav Plan do,
ANNEXATION SERVICE PLAN
(A-79)
Thistle Hill Estates
C Solid Waste Collection
1 Solid waste collection service will be provided to the property on the effective date of
the annexation using existing personnel and equipment
2 As development and construction commence within this area, sufficient solid waste
collection personnel and equipment will be extended to serve this area by any of the
methods used to serve comparable areas within the municipality (consistent with the
characteristics of the topography, land uses and population densities) within four and a
half (4 'h) years after the effective date of the annexation, or upon commencement of
development within the area, whichever occurs first
3 Upon development of the area, solid waste collection service shall be provided top this
property in accordance with current policies of the City as to frequency, charges and so
forth New development may require additional equipment, personnel and operating
resources
D. Water/Wastewater Facilities
1 Maintenance of water and wastewater facilities in the area to be annexed that are not
within the service area of another water or wastewater utility will be begin on the
effective date of the annexation using existing personnel and equipment However,
there are no existing water or wastewater facilities in the area
2 As development and construction commence within this area, sufficient water and
wastewater facilities will be extended to serve this area by any of the methods used to
serve comparable areas within the municipality (consistent with the characteristics of the
topography, land uses and population densities) within four and a half (4 %2) years after
the effective date of the annexation, or upon commencement of development within the
area, whichever occurs first
3 Upon development of the area, water and wastewater services will be extended to the
property in accordance to the City's master utility plan and the appropriate provisions of
Article III of Chapter 34 of the Code of Ordinances
I '4 Inn, Ammon &&Vice Man dot
ANNEXATION SERVICE PLAN
(A-79)
Thistle Hill Estates
E. Roads and Streets
1 Maintenance of roads and streets, including road and street lighting, in the area to be
annexed will begin on the effective date of the annexation using existing personnel and
equipment
As development and construction commence within this area, sufficient roads and streets
will be extended to serve this area by any of the methods used to serve comparable areas
within the municipality (consistent with the characteristics of the topography, land uses
and population densities) within four and a half (4 %) years after the effective date of the
annexation, or upon commencement of development within the area, whichever occurs
first
Upon development of the area, roads and streets will be extended to the property in
accordance to the Denton's Mobility Plan and the appropriate provisions of Article III of
Chapter 34 of the Code of Ordinances
F. Parks and Recreation Facilities
1 Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in
the area to be annexed will begin on 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
2 As development and construction commence within this area, sufficient parks,
playgrounds, swimming pools, and other recreational facilities will be provided to serve
this area by any of the methods used to serve comparable areas within the municipality
(consistent with the characteristics of the topography, land uses and population
densities) within four and a half (4'/2) years after the effective date of the annexation, or
upon commencement of development within the area, whichever occurs first
3 Upon development of the area, parks, playgrounds, swimming pools, and other
recreational facilities will be provided to the property in accordance with the provisions
of Chapter 22 of the Code of Ordinances, concerning parks and recreation facilities Any
residential development, which increases population, will increase the need for
additional parks, facilities, equipment, personnel and operating resources
G. Electric Facilities
1 Electric utility service will be provided on the effective date of the annexation using
existing personnel and equipment
2 As development and construction commence within this area, electric utility service will
be provided to serve this area by any of the methods used to serve comparable areas
within the municipality (consistent with the characteristics of the topography, land uses
I '94aneuuxrn Seri uv l'in¢dn<
ANNEXATION SERVICE PLAN
(A-79)
Thistle Hill Estates
and population densities) within four and a half (4 yz) years after the effective date of the
annexation, or upon commencement of development within the area, whichever occurs
first
3 Upon development of the area, electric utility service shall be provided to this property
in accordance with the appropriate provisions of Article III of Chapter 34 of the Code of
Ordinances
H. Library Services
Library services will be provided on the effective date of the annexation using existing
personnel and equipment
As development and construction commence within this area, library facilities will be
provided to serve this area by any of the methods used to serve comparable areas within
the municipality (consistent with the characteristics of the topography, land uses and
population densities) within four and a half (4 ''/2) years after the effective date of the
annexation, or upon commencement of development within the area, whichever occurs
first
Upon development of the area, library facilities will be provided to the property in
accordance with the library master plan Any residential development, which increases
population, may increase the need for additional equipment, personnel, facilities and
operating resources
I. Code Enforcement, Building Inspections and Consumer Health Services
Code enforcement, building inspections and consumer health services will be provided
on the effective date of the annexation using existing personnel and equipment
As development and construction commence within this area, code enforcement,
building inspections, and consumer health services will be provided to serve this area by
any of the methods used to serve comparable areas within the municipality (consistent
with the characteristics of the topography, land uses and population densities) within
four and a half (4 ''/a) years after the effective date of the annexation, or upon
commencement of development within the area, whichever occurs first
Upon development of the area, code enforcement, building inspections, and consumer
health services will be provided to the property
I '9 lnnaaanon 5,rmue Man dot
ANNEXATION SERVICE PLAN
(A-79)
Thistle Hill Estates
J Planning and Development Services
1 Planning and development services will be provided on 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
2 As development and construction commence within this area, full planning and
development services will be provided to serve this area by any of the methods used to
serve comparable areas within the municipality (consistent with the characteristics of the
topography, land uses and population densities) within four and a half (4 ''/2) years after
the effective date of the annexation, or upon commencement of development within the
area, whichever occurs first
3 Upon development of the area, full planning and development services will be provided
to the property
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
1 '9 9nn�u+uem berrae�� l'lrtu Arn
EXHIBIT C
Z-99-058
SF-16
DESCRIPTION
All that certain tract of land situated in the N Britton Survey, Abstract# 51 and the T Labor Survey,
Abstract# 779, Denton County, Texas and being a part of a called 52 486 acre tract of land described
in the Partition Deed to Shelton Ryan recorded in Volume 2522, Page 898 of the Real Property Records
of Denton County, Texas, as monumented and occupied on the ground the subject tract being more
particularly described as follows
BEGINNING at the Northwest corner of the tract being described herein at a 1/2" iron rod found for
comer at the Northwest comer of said 52 486 acre tract in the South line of a road under apparent public
use posted as Ryan Road,
THENCE South 88 Degrees 55 Minutes 09 Seconds East with the South line of said Road a distance
of 872 29 feet to a'r4' iron rod found for comer at the Northeast corner of said 52 486 acre tract,
THENCE South with the East line of said 52 486 acre tract a distance of 1048 00 feet a point for corner,
THENCE North 88 Degrees 55 Minutes 08 Seconds West a distance of 872 14 feet to a point for corner
in the West line of said 52 486 acre tract,
THENCE North 00 Degree 00 Minute 28 Seconds West a distance of 1048 00 feet to the PLACE OF
BEGINNING AND CONTAINING 20 98 acres of land, more or less
EXHIBIT D
Z-99-058
SF-10
DESCRIPTION
All that certain tract of land situated in the N Britton Survey, Abstract# 51 and the T Labor Survey,
Abstract# 779, Denton County, Texas and being a part of a called 52 486 acre tract of land described
in the Partition Deed to Shelton Ryan recorded in Volume 2522, Page 898 of the Real Property Records
of Denton County, Texas, as monumented and occupied on the ground the subject tract being more
particularly described as follows
BEGINNING at the Northwest comer of the tract being described herein at a point for corner in the West
line of said 52 486 acre tract from which the Northwest comer of said 52 486 acre tract bears North 00
Degree 00 Minute 28 Seconds West a distance of 1048 00 feet,
THENCE South 88 Degrees 55 Minutes 09 Seconds East a distance of 872 14 feet to a point for corner
in the East line of said 52 486 acre tract,
THENCE South with the East line of said 52 486 acre tract a distance of 1564 80 feet to a'/" iron rod
found for corner at the Southeast corner of said 52 486 acre tract,
THENCE South 89 Degrees 49 Minutes 45 Seconds West a distance of 87177 feet to aW iron rod
found for corner at the Southwest corner of said 52 486 acre tract,
THENCE North 00 Degree 00 Minute 28 Seconds West a distance of 1583 85 feet to the PLACE OF
BEGINNING AND CONTAINING 3151 acres of land, more or less