1999-176 O INANCE NO q 4- / 7fa
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 52 49 ACRES OF
LAND CONTIGUOUS AND ADIACENT TO THE CITY OF DENTON, TEXAS, LOCATED
ON THE SOUTH SIDE OF RYAN ROAD, APPROXIMATELY ONE HLrNDRED 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 1N A PERMANENT SINGLE-FAMILY 16 (SF-16) ZONiNG DISTRICT
ON 20 98i 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 Stratford, 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 elasmfieatlon and use designation for 20 98 acres and Smgle-famdy 10 (SF-10)
zoning district elasmfleatlon and use designation for 31 51 acres within the annexed area, and
WHEREAS, the City of Denton on February 9, 1999, heard the petition and agreed to
grant the petatlon 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
clasmficatlon and use designation for 20 98 acres and Single-family 10 (SF-10) zoning district
clasmficatlon and use designation for 31 51 acres, and
WHEREAS, public heanngs were held in the Council Chambers on March 23, 1999, and
March 30, 1999, (both days being on or after the 40th day but before the 20th day before the date
of the institution of the proceedings) to allow all interested persons to state their views and
present evidence beanng upon this annexation, and
WI-IEREAS, annexation proceedings were instituted for the property described herein by
the introduction of thru ordinance at a meeting of the City Council on April 20, 1999, and
W~[-IEREAS, tbas 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 Cotmml finds that the annexation will be in compliance with the
1988 De~aton 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
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 zomng 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) zomng district classfficataon and use
designation and the zoning district classificaUon and use designation of the 31 51 acre property
described in the legal description attached hereto and incorporated herein as Exhibit "D" is
designated as a Single-family l0 (SF-10) zoning dismct classification and use designation under
the comprehensive zomng ordinance of the City of Denton, Texas
S C_.~J.!.Q.~ That the City's officml zoning map ~s amended to show the zoning district
classifications and use designations of the property annexed
~ 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 C~ty If any part of the real property annexed IS already included w~thin the city
limits of the City of Denton or within the hmlts of any other city, town or village, or ~s not within
the City of Denton's jurisdiction to annex, the same is hereby excluded from the temtory
annexed as fully as if the excluded area were not expressly described in this ordinance
SECTION VI That any person violating any prows~on of this ordinance relating to the
zoning dlstnct classifications and use designation shall, upon conviction, be fined a sum not
exceechng $2,000 00 Each day that a provis~on of this ordinance as violated shall constitute a
separate and dlsUnct offense
~ That th~s ordinance shall become effective thirty (30) days from the date
of ~ts final passage and publication, and the City Secretary is hereby directed to eanse the entire
ordinance to be pubhshed once and the descnpUve capUon to be published twice m the Denton
Record-Chromcle, the offimal newspaper of the C~ty of Denton, Texas, w~thin ten (10) days of
the date of its passage
ATTEST
Page 2 of 3
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
Page 3 of 3
EXHIBIT A
All that certain trod of lend situated n the N Srltton Survey, Abstrac~ 61 enc~ the T. Labor Survey,
^bslrac~ 779 Denim County, Texas and being e recurve)' of ell of e called 52~4BB a_='_e_ tr.a .d. of/~.
described In the PeNitlm Deed to Sheltcn Ryen recorded In Volume 2~, I~'age =gu or the
Property Records br Denton Cour~y, Tex~s~ ~=a monumanted and a~upla(I or~ t~e ground the
tracl= being more particularly' described es follows=
BEG HN NG et Ihs Northwest ~omer of the tract being described ~eln at a. t/2". Iron rod fo.und
comer ~ the N(~'thv~st comer o~'eald 62 488 ese irac~ in II~e ~ I~ne or · road u-~er epp~ent puD,c
use posted as Ryan Road,
THENCE $<)uth 6~ Degrees 55 Minutes 09 Seconds East wl~h the South line of'lsald Road e distance
ct 872 29 feet ~ el~" Iron rod found for corne~' ~ the Norlheas~. com~' of eeld 5~ 4~6 e=re trec'l;
THENCE South wt~h the feast line of ~ld 52 486 ec~'e tract · dist=nr'.e of 26'12.8~3
feet
%,,
Iron
round for corner et the Boutheaat comer of said 52,4~ a~'e tract,
THENCE South 89 Degrees 49 ~lnutes 4l$ Se=mole West a distance of S7137, feet to a ~" iron rod
found for corner at the So-thvvest corner of ~ald 52.4~6 ese tract;
THENCE North 00 Degree {30 IVlitm{e 2B Seconds West a distance of 2631 65 ~ef. ~o the PLACE OF
BEGINNING AND CONTAINING 52.49 acres of lend, more or less,
{~ EXHIBIT B
ANNEXATION SERVICE PLAN
CASE NUMBER: A-79 (Thistle Hill ttstates)
AREA 52 49 acres
LOCATION. On the south side of Ryan Road, one hundred and fifty (150) feet east of
Furestridge Road in Denton's extraterritorial junsdichun (ETS)
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,
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 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 ½) 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 ofpohce service will be provided
to this area as ~s furnished to comparable areas within the municipality As of th~s
annexation request, the average response time in the mumcipahty 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
t 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 cqulpment.
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) wtthln 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 ultimate developmeut °f the area, the same level °f fire pr°tectwn 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 m the City of Denton is 4 minutes
An appropriate response time is 5 minutes
/I "9,tn.ex~ttto.$ervtcePhmd.e ' ~' ~ ~ ~
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 sohd 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
charactenstms of the topography, land uses and population densities) within four and a
half (4 ½) years after the effective date of the annexation, or upon commencement of
development witiun 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
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 on the
effective date of the annexation using existing personnel and equipment. However,
there are no exiztmg water or wastewater facdities in the area
As development and construction commence within this area, sufficient water and
wastewater facilities will he extended to serve this area by any of the methods used to
..... characteristics of the
serve comparable areas within the mumc~pahty (consistent with the
topography, land uses and population densities) within four and a half (4 ½) years after
the effective date of the annexation, or upon commencement of development witlun the
area, whichever occurs first
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.
ANNEXATION SERVICE PLAN
(A-79)
Thistle Hill Estates
E. Roads and Streets
1 Maintenance of roads and streets, including road and street hghtmg, 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) with~ four and a half (4 ½) years after the effective date of the
' e
annexation, or upon commencement of development wlflun th area, whichever occurs
first
3 Upon development of the ares, roads and streets will be extended to the property m
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, swhnmmg pools, and other recreational facdmes 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,
~w~mmtng pools, and other recreattonal facditles in the area
2 As development and construction commence witlun tins 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 ½) years after the effective date of the annexation, or
upon commencement of development within the area, whi.chever 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 facihtles 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
emstmg personnel and equipment.
, . ' ' ' ' utility semce will
2 As development and construction commence within this area, electric
be provided to serve this area by any of the methods used to serve comparable areas
..... h the characteristics of the topography, land uses
wltlun the mumcipahty (consistent wit
ANNEXATION SERVICE PLAN
(A-79)
Thistle Hill Estates
and population densities) 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 ares, electric utility servic~ 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
1 Library services will be provided on the effective date of the annexation usmg existing
personnel and equipment.
2 As development and construction commence within this area, library facilities will be
provided to serve this area 5y any of the methods used to serve comparable areas within
the municJpallty (consistent with the characteristics of the topography, land uses and
population densities) 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 facilihes 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 anfurcement, building inspections and consumer health services will be provided
on the effective date of the annexatmn using existing personnel and equipment
2 As development and construction commence within this area, code enforcement,
braiding inspections, and consumer health servwes 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 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, code enforcement, building inspections, and consumer
health services will be provided to the property.
ANNEXATION SERVICE PLAN
(A-79)
Thistle Hill Estates
J. Planning and Development Services
1 Plarmmg and development services will be pwvided on the effective date of the'
annexation using existing persormel and equipment The Planmng and Development
Department currently provides services this property by way of administration of
Chapter 34 of the Code of Ordinances, concermng subdivision and land development
regulations
2 As development and construction commence within this area, full planmng 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 charactenshcs of the
topography, land uses and population densities) within four and a half (4 ½) years after
the effective date of the annexation, or upon commencement of development witlun the
area, winchover occurs first
3 Upon development of the area, full planning and development services will be provided
to the property
IC Capital Improvements Program (CIP)
The CIP of the city is prlontized according to the following guidehnes:
(l) Provision of Capital Impwvements 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 effactiveness of providing a specific facihty or improvement
The annexed area will be considered for CIP improvements in the upcoming CIP plan This
property will be considered according to the estabhshed guidelines.
EXHIBIT C
~.-99-058
8F-16
DE$OR~PT~ON
All that certain tract of lend situs[ad In the N. Brltton Survey~Abstract# 51 and the T. Labor Survey,
Abstracl~ 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 et a 112" Iron rod found for
comer at the Northwest comer of said 52.486 acre trac~ in the South line of a road under apparent public
use posted as Ryan Road;
THENCE South 88 Degrees 55 Mlnutes 0g Seconds East with the 8outh line of said Road a distance
of 872 29 feet to a %" Iron rod found for comer at the Northeast comer of said 52.486 acre tract,
THENCE South with the East line of said 52,488 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#. 5t and the T. Labor Survey,
Abstract# 779, Denton County, Texas and being a part of a celled 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 corner 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
~n 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 871.77 feet to a %" iron rod
found for corner at the Southwest corner of said 52.486 acre tract,
THENCE North O0 Degree 00 Minute 28 Seconds West a distance of 1583 85 feet to the PLACE OF
BEGINNING AND CONTAINING 31.51 acres of land, more or less.