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HomeMy WebLinkAbout1999-176F\SHARMOH9 Wue O9uuMMUW ]nwuM 990Abmuad., ORDINANCE NO 7 `Y " < 71�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 9811 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 P\SHARBD�EMWMue Wuumm4Wkinmonl9TA 79 Winmetdot 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 -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 A5 day of , 1999 ATTEST JACI I ER, MAYOR Page 2 of 3 P \5HRRMD EPN Mur �muouw19MW Winn E JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY� S Gt Page 3 of 3 EXHIBIT A All that certain tract of land situated in the N Britton Survey, Abstract# 61 anthe T. Labor Survey, Abstract# 779, Denton County, Texas and being a resurvey of all of a called 5286 acre tract of land described In the Partition Used to Shelton Ryan recorded In Volume 2522, Rage 898 of the Real Property Records of Denton County, Texas: as monumented and ac=Wpied on fhe ground the subject tract being more particularly described as follows: BEGINNING at the Northwest comer of the tract being described tiemin at a i/2" Iron rod found for comer at the Northwest comer of said 52 486 acre tract in the South line or a road iinndder apparent public use posted as Ryan Road, THENCE South 8Q Degrees 55 Minutes 09 Seconds East with the South line ofieaid Road a distance of 872 29 feet to a iW Iron rod found for corner at the Northeast corner of sold Sp 486 acre tract; THENCE South with the East line of said 52 488 acre tract a distance of 2612.8� feet to a W1 Iran rod found for corner at the Southeast comer of sold 82.488 acre tract, THENCE South 89 Degrees 49 Minutes 45 Seconds West a distance of 871.77 feet to a W' iron rod found for corner at the Southwest corner of said 62.486 acre troot; THENCE North 00 Degree 00 Minute 28 Seconds West a distance of 2631 85 Bast to the PLACE OF BEGINNING AND CONTAINING 52.49 acres of land, more or less. EXHIBIT B ANNEXATION SERVICE PLAN CASE NUMBER: A-79 (Thistle Hill Estates) AREA 52 49 acres LOCATION. on the south side of Ryan gorestridge Rod in De on'saextratern'toriajurisdiction (ETJ) and fifty (150) et east of 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 1 Police service, including patrolling, 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 2 As development and construction commence within this area, sufficient police personnel and equipment will be extended to serve tlus 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 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-prionty. The City's estimated average response times for this area are 9 52 minutes and 20 35 minutes, respectfully B. Fire Protection 1 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 %,) years after the effective date of the annexation, or upon commencement of development within the area, whichever occurs first. 3. 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 A'9AnnexellnnServkePLu,doe�!` i � rvt+<i'2L41P�fuY ».taa OF•xl i �° � ` 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 the annexation using existing personnel and equipment effective date of 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 ''/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, 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 wastewaterfacilities 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 %:) 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. 4 '9 tmtewdon 5ervlte Man d(M ANNEXATION SERVICE PLAN (A-79) Thistle Hill Estates E. Roads and Streets I 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 2 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 3 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 I 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, swimmingpools, and other recreational facilitles 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 4 17 innetallon Service Plan dna ANNEXATION SERVICE PLAN (A-79) Thistle Hill Estates 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. 3 Upon development of the area, electric utility servicb 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 I 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 cole 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 1 Code enforcement, building inspections and consumer health services will be provided on the effective date of the annexation using existing personnel and equipment 2 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 ''/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, code enforcement, building inspections, and consumer health services will be provided to the property. A '9 1mlernQnn Sendee Plan dne 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 %a) 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 w 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. 4 '9,Innrvitlnn Srnd� c l'!nn Anc 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 62.486 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 112" 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 IN' Iron rod found for comer at the Northeast comer of said 62.486 acre tract, THENCE South with the East line of said 62,486 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 comer 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 IN' Iron rod found for corner at the Southeast comer of said 62.486 acre tract; THENCE South 89 Degrees 49 Minutes 45 Seconds West a distance of 871.77 feet to a'W' iron rod found for corner at the Southwest comer of said 62.486 acre tract, THENCE North 00 Degree 00 Minute 28 Seconds West a distance of 1683 85 feet to the PLACE OF BEGINNING AND CONTAINING 31.51 acres of land, more or less.