2017-071*RDINANCE NO.
ANNEXATIONAN ORDINANCE OF THE CITY OF DENTON, TEXAS, EXPRESSLY REPEALING
SECTIONS 34-35,34-36, AND 34-37 OF THE DENTON CODE OF ORDINANCES RELATED
TO • AMENDING SUBCHAPTEROF !
DEVELOPMENT !l • PERIPHERY DEVELOPMENT •
CRITERIA SECTION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS! PROVIDING A SEVERABILITY
SAVINGS CLAUSE, AND AN EFFECTIVE D.
WHEREAS, the City desires to repeal sections' • and of - Denton Code
of Ordinances in order to create more efficient procedures f• annexation in the City; and
pursuant to Ordinance N• 2002-040, the City Councilof of Denton,
Texas adopted the Denton Development C••e (the "DDC") which includes Subchapter
'
Procedures; and
WHEREAS, the City desires to amend Subchapter 35.3 to add Section 35.3.14, "Periphery
Development Annexation Criteria" in order to define and clarify when a property in the City's
Extra -territorial Jurisdiction (ETJ) should be considered for annexation; and
WHEREAS, the City desires to facilitate development in the periphery of the City that is
consistent with the character of the area to reduce any negative impacts to adjacent properties in
terms of land use and intensity and to provide infrastructure and public services in areas of the ETJ
contiguous to the City; and
WHEREAS, the City's Certificate of Convenience and Necessity (CCN) service areas
extend outside the city, limits, and therefore, the City is required to provide water, sewer and
electric services to these proposed developments even though the extension of those services is
not supported by taxes; and
WHEREAS, after notice published, a public hearing was held before the Planning and
Zoning Commission and City Council in accordance with local and state law and the City Council
hereby finds that Sections 34-35, 34-36, and 34-37 of the Code of Ordinances must be repealed
and that the amendment to Subchapter 35.3 of the DDC is consistent with the City's comprehensive
plan, and federal, state, and local law and such action is in the best interests of the citizens of the
City of Denton; NOW, THEREFORE,
1� 1�[K•Ifl► • R• !] r'Z•]�i] SIC• �:1 •1': 'L!] 17e1110F.Ya
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. Sections 34-35, 34-36, and 34-37 of the Denton Code of Ordinances are
hereby repealed.
SECTION 3. Subchapter 35.3, "Procedures," of the Denton Development Code (DDC), is
hereby amended to add Section 35.3.14 "Periphery Development Annexation Criteria," in the form
attached as Exhibit A, and incorporated by reference herein, and such amendment is hereby
adopted as part of the Denton Development Code.
SECTION 4. Any person, firm, partnership or corporation violating any provision of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by
fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 5. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 6. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, this ordinance
shall become effective fourteen (14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -
Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the day of j - -
�VV' IAU-1� -1017.
l SIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
10,14051
Section 35.3.14 Periphery Development Annexation Criteria
A. City staff will assess on a case-by-case basis the annexation of areas in the Extra -territorial
Jurisdiction (ETJ) when significant developments are proposed, occurring, or likely to
occur in the near future.
B. The following are criteria for determining when an annexation should be considered:
1. Developments that require the need to connect to City public services (water, sewer,
electric and other services; or
2. Developments within the City's Certificate of Convenience and Necessity boundary
for water, wastewater, and electric service; or
3. Developments where the land area is partially in the City's ETJ and partially within the
City limits; or
4. Developments or areas that might have a significant impact upon the City, including
but not limited to service costs, increased traffic, drainage impact, utility needs or
utilization, safety or health hazards; or
5. Location and intensity of Gas Well Drilling and Production, or
6. Property that is contiguous to the City Limits and is necessary to the annexation of
another property qualifying under any of the criteria in B.1 -B.5 above.
C. When any or all of the above conditions exist, City staff shall review the proposed
development for the purpose of considering annexation. The following shall be considered
at a minimum:
1. The ability of the city to provide infrastructure and public services equal to other
comparable areas inside the city limits.
2. The reliability, capacity, and future public cost, if any, of current and planned
provisions for community facilities, including but not limited to roads, drainage, and
utilities.
3. The need and quality of land use and building controls.
4. Conformance with the Land Use Element of the City's comprehensive plan.
5. Impact on the City, both current and long range, including at a minimum:
a. Fiscal cost and benefits of Public Services;
b. Traffic;
c. Infrastructure of roads, utilities and other community facilities;
d. Safety or health;
e. Building or development quality;
f. Aesthetic quality; and
g. Community character.
6. The property meets the minimum requirements for annexation in accordance with state
law.
D. Procedure.
Following staff determination that annexation should be considered, the property
owner will be notified of the City's intent to annex. The City will request that the
property owner voluntarily petition the City for annexation and initial zoning.
2. If an application from the property owner for annexation and initial zoning is not
submitted within 10 calendar days of notification, the city will initiate an involuntary
annexation proceeding in accordance with state law.
3. After the involuntary annexation, the city will hold a public hearing for an initial zoning
of the property under Section 35.3.4 of the Denton Development Code, as amended.
The proposed zoning will be in conformance with the Land Use Element of the city's
comprehensive plan and state law.
4. All the procedures for annexations will be in accordance with state law.
E. Continued Use. The use of land following annexation shall be governed by state law and
See. 35.11.2 of the Denton Development Code, as amended.