AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
ACM: Jon Fortune
DATE: February 21, 2017
SUBJECT
Title
Hold a public hearing and consider adoption of an 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 annexation and amending Subchapter 35.3 of the Denton Development Code by adding a periphery development annexation criteria section; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause, savings clause, and an effective date. The Planning and Zoning Commission recommends approval 6-1.
Body
BACKGROUND
The Planning Division receives several development applications for properties that are located in the City's Extra-territorial Jurisdiction (ETJ). During the development review process, the question of whether the subject property should be annexed is always raised. On October 18, 2016 the Planning Division presented to the City Council, a proposal to establish periphery annexation criteria in the Denton Development Code (DDC), to determine whether or not a property should be annexed. The City Council directed staff to proceed with preparing an ordinance.
CONSIDERATIONS
1. In some cases proposed developments in the ETJ are not consistent with the character of the area where they are proposed and can impact adjacent properties in terms of land use and intensity.
2. Because the City's Certificate of Convenience and Necessity (CCN) service areas extend outside the city limits, the City is required to provide water and sewer services to these proposed developments even though the extension of those services is not supported by taxes. This impacts infrastructure and public services such as water and sewer and other services that these proposed developments are required to have.
3. Denton Plan 2030 states that "the City's Annexation Plan, guided by the recommendation in the 1999 Dent...
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