1999-143AN 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 31 51 ACRES, PROVIDING A
SEVERABILITY CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING AN EFFECTIVE DATE (A-
79/Z-98-058)
WHEREAS, Greg Edwards, on behalf of Charles Strafford, has petitioned for annexatmn
of 52 49 acres of land to the C~ty of Denton, Texas, and requested Single-family 16 (SF-16)
zoning d~stnct classfficat~on and use designation for 20 98 acres and Slngle-famdy 10 (SF-10)
zoning d~$tnct classfficatlon and use des~gnatmn for 31 51 acres within the annexed area, and
WHEREAS, the City of Denton on February 9, i999, 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 Zomng Commission recommended
approval of the petition for annexation and the Slngle-famdy 16 (SF-16) zoning district
classfficataon and use designation for 20 98 acres and Single-family 10 (SF-10) zoning d~smct
clasmficat~on and use designation for 31 51 acres, and
WHEREAS, public heanngs were held ~n the Counml Chambers on March 23, 1999, and
March 30, 1999, (both days being on or after the 40th day but before the 20TM day before the date
of the mstltutlon of the proceedings) to allow all ~nterested persons to state their views and
present ewdence beanng upon this annexation, and
WHEREAS, annexation proceedings were instituted for the property described here~n by
the ~ntroductlon of this ordinance at a meeting of the City Counol on April 20, 1999, and
WHEREAS, th~s ordinance has been pubhshed in full one time an the official newspaper
of the City of Denton on April 24, 1999, after annexation proceedings were ,nstltuted and 30
days prior to City Counml taking final action, as required by City Charter, and
WHEREAS, the City Council finds that the annexation will be in compliance w~th the
1988 Denton Development Plan, the 1998 Denton Plan Pohcles, 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 ~n Exhibit "A", attached hereto and
~ncorporated by reference, is annexed to the Oty of Denton, Texas
SECTION II That the service plan attached as Exhibit "B", and incorporated by
reference, which prowdes for the extans~on of mumc~pal serwees to the annexed property, ~s
approved as part of this ordinance
SECTION III That the zomng d~stnct classfficatIon and use designation of the 20 98
acre property described in the legal description attached hereto and incorporated hereto as
Exhibit "C" xs designated as a Smgle-famfly 16 (SF-16) zoning dlstxlct classificatmn and use
designation and the zomng district elassffication and use designation of the 31 51 acre property
described m the legal description attached hereto and incorporated herein as Exhxb~t "D" ~s
designated as a Single-family 10 (SF-10) zomng d~smct classfficat~on and use deslgnatmn under
the comprehensive zomng ordinance of the City of Denton, Texas
i[k~.T.L0_h[_~ That the C~ty's offimal zomng map ~s amended to show the zonmg d~stnct
classfficatlons and use designations of the property annexed
SECTION V Should any part of th~s ordinance be held illegal for any reason, the
holding shall not affect the remalmng port~on of this ordinance and the C~ty Council hereby
declares It to be ~ts purpose to annex to the C~ty of Denton all the real property described m
Exhibit "A" regardless of whether any other part of the described property ~s hereby effectively
annexed to the City If any part of the real property annexed is already included wtth~n the mty
hmlts of the City of Denton or w~thm the hm]ts of any other city, town or wllage, or ~s not w~than
the C~ty of Denton's jurisdiction to annex, the same is hereby excluded from the temtory
annexed as fully as ffthe excluded area were not expressly described ~n this ordinance
~ That any person molatmg any prows~on of th~s ordinance relating to the
zomng dlsmct classffieations and use des~gnation shall, upon conviction, be fined a sum not
exceeding $2,000 00 Each day that a provision of this ordinance ~s violated shall constitute a
separate and dxst~nct offense
SECTION VII That thts ordinance shall become effective thirty (30) days from the date
of its final passage and pubheation, and the City Secretary is hereby directed to cause the entire
ordinance to be published once and the descriptive caption to be published twice ~n the Denton
Record-Chromcle, the official newspaper of the City of Denton, Texas, within ten (10) days of
the date or,ts passage
PASSED AND APPROVED this day of ,1999
JACK~
Page 2 of 3
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 3 of 3
EXHIBIT A
All that certain tract of land e~tusted in the N B~ltton Survey, Abstract# 51 an~ the T Labor Survey,
Abslrac~ 779, Denton County, Texas and bemga resurve~ of a{l of a called 52~486 acre trang of land
described in the Petbbon Deed to Shelton R),an re~orded in Volume 2522. I~age 898 of the Real
Property Records of Dertton County, Texas. as monumentsd and oe~cup~ecl on the ground the subject
tract being more particularly desc~nbe(~ as follows
BEGINNIN(3 st the Northwest comer of the tract being doG.bed Ifefein at a t/2" Iron rod found for
comer at the Northv.~at corner of se~d 52 488 acta tract m the South line et' a road ~nder apparent pubtlc
use posted as Ryan Road,
THENCE South 68 Degrees 55 Minutes 09 Seconds East with the South hne of[said Road a distance
et 872 29 feet to e ~" ~ron rod found for cornet at the Northeast cc~'ner of said 5~ 486 acre tract,
THENCE South w,th the East hne of said 52 486 acre tract a distance of 2612 87 feet to a %" iron
found for corner et the Southeast comer of said 52 486 sere tract,
THENCE South 89 Degrees 49 Minutes 45 Seconds West a distance of 871 77 feet to a ½" Iron ro~
found for corner at the Southwest corner et said 52 486 ewe treat, '
TH ENCE North 00 Degree 00 Mmute 28 Se..x)nds West a d~stance of 2631 85 ~eet to the PLACE OF
BEGINNING AND CONTAINING 52 49 acres of land, more or less
ANNEXATION SERVICE PLAN
CASE NUMBER A-79 (Thistle Hall Estates)
AREA 52 49 acres
LOCATION On the south sade of Ryan Road, one hundred and fifty (150) feet east of
Forestndge Road m Denton's extraterritorial junsdactaon (ET J)
Mumcapal servaces to the s~te descnbed above shall be furnished by or on behalf of the City of
Denton, Texas, at the following levels and ~n accordance wath the following schedule
A Police Protection
1 Police servace, lnclud~ng patrollmg, response to calls, and other routane functions, will
be provaded to the property on the effectxve date of the annexataon using exastmg
personnel and eqmpment
2 As development and constmctaon commence wxthin this area, sufficient pohce personnel
and eqmpment will be extended to serve this area by any of the methods used to serve
comparable areas wathan the mume~pahty (consastent wxth the charaetenstaes of the
topography, land uses and populataon densxtles) within four and a half (4 ~A) years after
the effective date of the annexataon, or upon commencement of development wathin the
area, whichever occurs first
3 Upon ultamate development of the area, the same level of pohce service will be provaded
to thas area as as furmshed to comparable areas wxthin the munacapahty As of thas
annexataon request, the average response t~me an the munaeapalxty as 10 minutes for
priority calls and 22 nnnutes for non-priority The Caty's estimated average response
tames for tins area are 9 52 minutes and 20 35 minutes, respectfully
B Fmre Protection
1 Fare protection (w~than the hmlts of existing hydrants) and emergency medical services
wall be prowded to the property on the effective date of thc annexation using exlstang
personnel and eqmpment
2 As development and constructaon commence wathin this area, sufficient fire and
emergency medacal service personnel and cqmpment will be extended to serve this area
by any of the methods used to serve comparable areas w~thin the munac~pahty
(consastent w~th the charaetenstacs of the topography, land uses and populataon
dens~taes) wathm four and a half (4 ½) years after the effective date of the annexataon, or
upon commencement of development wathln the area, whichever occurs first
3 Upon uhimate development of the area, the same level of fire protection and emergency
medacal servace will be provided to this area as ~s furmshed to comparable areas wathm
the municipality Fare Stataon # 6 wall become the primary company an response As of
th~s annexation request, the average response tame an the Caty of Denton as 4 minutes
An appropriate response t~me as 5 nnnutes
ANNEXATION SERVICE PLAN
(A-79)
Thistle Hill Estates
C Solid Waste Collection
1 Sohd waste collection service w~ll be prowded to the property on the effective date of
the annexation using ex~stmg personnel and equzpment
2 As development and constmetton commence w~thm th~s area, sufficient sohd waste
eolleetton personnel and eqmpment wzll be extended to serve th~s area by any of the
methods used to serve comparable areas w~thm the mumexpahty (consistent w~th the
charaetenstzcs of the topography, land uses and population denszt~es) wxthm four and a
half (4 ~/2) years after the effectzve date of the armexatzon, or upon commencement of
development wtthm the area, whzehever occurs first
3 Upon development of the area, solid waste collection service shall be prowded top th~s
property m accordance wzth current pohczes of the C~ty as to frequency, charges and so
forth New development may reqmre additional eqmpment, personnel and operating
resources
D. Water/Wastewater Faciht~es
1 Maintenance of water and wastewater fac~ht~es ~n the area to be annexed that are not
wltlun the service area of another water or wastewater ut~hty w~ll be begin on the
effective date of the annexation using ex~st~ng personnel and eqmpment However,
there are no extstlng water or wastewater factllttes tn the area
2 As development and construction commence w~thm th~s area, sufficient water and
wastewater fac~ht~es w~ll be extended to serve th~s area by any of the methods used to
serve comparable areas w~thm the mume~pahty (consistent w~th the characteristics of the
topography, land uses and population densities) w~thm four and a half (4 ½) years after
the effective date of the annexation, or upon commencement of development within the
area, wluehever occurs first
3 Upon development of the area, water and wastewater services w~ll be extended to the
property m accordance to the C~ty's master ut~hty plan and the appropriate prows~ons of
Article III of Chapter 34 of the Code of Ordinances
ANNEXATION SERVICE PLAN
(A-79)
Thistle Hill Estates
E. Roads and Streets
1 Maintenance of roads and streets, ~ncludlng road and street lighting, ~n thc area to be
annexed will begin on the effective date of the annexation using existing personnel and
eqmpment
2 As development and constructlnn commence within th~s area, anffic~ent roads and streets
w~ll be extended to serve th~s area by any of the methods used to serve comparable areas
w~thm the mnnlc~pahty (consistent w~th the characteristics of the topography, land uses
and population dens,ties) wltban four and a half(4 ½) years after the effective date of the
annexation, or upon commencement of development wlthm the area, whichever oc:gurs
first
3 Upon development of the area, roads and streets will be extended to the property m
accordance to the Denton's Mob~hty 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 fatalities m
the area to be annexed will begin on the effective date of the annexation using existing
personnel and equipment However, there are no extsttng parks, playgrounds,
swtmmmg pools, and other recreattonal factltttes ~n the area
2 As development and construction commence within this area, sufficient parks,
playgronnds, swimming pools, and other recreational faclhtles will be provided to serve
this area by any of the methods used to serve comparable areas within the mumclpahty
(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, swnnm~ng pools, and other
recreational facilities will be provided to the property in accordance with the prows~ons
of Chapter 22 of the Code of Ordinances, concerning parks and recreation facilities Any
residential development, wtuch increases population, will increase the need for
additional parks, fac~ht~es, cqmpment, 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 eqmpment
2 As development and construction commence w~thm th~s area, electric ut~hty service will
be provided to serve th~s area by any of the methods used to serve comparable areas
wit!un the mumelpahty (consistent with the characteristics of the topography, land uses
ANNEXATION SERVICE PLAN
(A-79)
Thistle Hill Estates
and population dens,ties) wlflun four and a half (4 V2) years after the effective date of the
annexatlnn, or upon commencement of development within the area, whichever occurs
first
3 Upon development of the area, electric utthty service shall be prowded to flus property
~n accordance with the appropriate prowslons of Article III of Chapter 34 of the Code of
Ordinances
H. Library Services
1 Lthrary services will be provided on the effective date of the annexatwn using existing
personnel and eqmpment
2 As development and construction commence within this area, hbrary facflmes will be
provided to serve this area by any of the methods used to serve comparable areas within
the mumelpahty (consistent with the characteristics of the topography, land uses and
population densmes) within four and a half (4 ½) 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, library facilities will be provided to the property ~n
accordance w~th the hbrary master plan Any res~denUal development, which Increases
population, may increase the need for addat~onal eqmpment, personnel, facilities and
operating resources
I. Code Enforcement, Braiding Inspections and Consumer Health Services
1 Code enforcement, bmlthng ~nspect~ons and consumer health services will be prowded
on the effective date of the annexation using ex~stmg personnel and equipment
2 As development and construction commence w~flun flus area, code enforcement,
building mspect~ons, and consumer health services will be provided to serve this area by
any of the methods used to serve comparable areas w~flun the mumclpahty (consistent
with the charactenst~cs of the topography, land uses and population dens~tles) w~flun
four and a half (4 Va) 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 ~nspect~ons, and consumer
health services will be provided to the property
ANNEXATION SERVICE PLAN
(A-79)
Thistle Hill Estates
J Planning and Development Services
1 Planmng and development services will be prowded on the ef£ectlve date of the
annexation using ex~stmg personnel and eqmpmant The Plannmg and Development
Department currently promdes servmes this property by way of admnnstratmn of
Chapter 34 of the Code of Ordmances, eoncemmg subd~v~smn and land development
regulatmns
2 As development and construetmn commence within thru area, full planning and
development services wdl be prowded to serve th~s area by any of the methods used to
serve comparable areas w~tban the mumc~pahty (consistent w~th the charactenshcs of the
topography, land uses and population danmt~es) w~thm 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 planmng and development servmes will be provided
to the property
lC Capital Improvements Program (CIP)
The CIP of the c~ty is prioritized according to the following gmdehnes
(1) Prows~on of Capital Improvements as compared to other areas wall be based on
charactenstms of topography, land ntd~zatmn, populatmn density, magmtude of
problems as related to comparable areas, estabhshed techmcal standards and
professional studies
(2) The overall cost effectiveness ofprowdmg a spemfic facility or improvement
The annexed area w~ll be considered for CIP ~mprovements m the upcoming CIP plan This
property will be considered accordmg to the estabhshed gmdehnes
EXHIBIT C
Z-99-058
SF-16
D~$C~MT~O~
All that certain tract of land situated In the N Bntton 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 Partlbon Deed to Shelton Ryan recorded ~n 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 here~n at a 1/2" ~ron rod found for
comer at the Northwest comer of sa~d 52 486 acre tract in the South I~ne of a road under apparent pubhc
use posted as Ryan Road,
THENCE South 88 Degrees 55 M~nutes 09 Seconds East with the South I~ne of sa~d Road a d~stance
of 872 29 feet to a %" ~ron rod found for comer at the Northeast corner of sa~d 52 486 acre tract,
THENCE South w~th the East hne of sa~d 52 486 acre tract a d~stance of 1048 00 feet a point for corner,
THENCE North 88 Degrees 55 M~nutes 08 Seconds West a d~stanca of 872 14 feet to a point for corner
m the West I~ne of sa~d 52 486 acre tract,
THENCE North 00 Degree 00 M~nute 28 Seconds West a d~stanca 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 s~tuated ~n the N Br~tton Survey, Abstract'# 51 and the T Labor Survey,
Abstract~ 779, Denton County, Texas and being a part of a celled 52 486 acre tract of land described
~n the Partition Deed to Shelton Ryan recorded tn 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 here~n at a point for comer ~n the West
hne of sa~d 52 486 acre tract from which the Northwest comer of sa~d 52 486 acre tract bears North 00
Degree 00 Minute 28 Seconds West a d~stance 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 hne of said 52 486 acre tract a d~stance of 1564 80 feet to a %" ~ron rod
found for corner at the Southeast corner of sa~d 52 486 acre tract,
THENCE South 89 Degrees 49 M~nutes 45 Seconds West a d~stance of 871 77 feet to a %" iron rod
found for comer at the Southwest corner of said 52 486 acre tract,
THENCE North 00 Degree 00 M~nute 28 Seconds West a distance of 1583 85 feet to the PLACE OF
BEGINNING AND CONTAINING 31 51 acres of land, more or less