M&C Review


COUNCIL ACTION:  Approved on 11/10/2009 

DATE: 11/10/2009 REFERENCE NO.: **C-23898 LOG NAME: 06DEVELOPMENT AGREEMENTS 10-09
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT:   Authorize Execution of Five Year Development Agreements in Lieu of Annexation with the Old Elizabethtown Trust for Property Located on Elizabethtown Cemetery Road with Multiple Property Owners for Property Located North of SH 114, East of FM 156 and West of I-35W

RECOMMENDATION:

It is recommended that the City Council authorize the City Manager to:

1.  Execute a five-year development agreement between the City and the Old Elizabethtown Trust for the application of development standards in lieu of annexation for property located near Old Elizabethtown Cemetery Road in unincorporated Denton County; and

2.  Execute five-year development agreements between the City and the property owners listed for the application of development standards in lieu of annexation for property located north of SH 114 and west of I-35W in unincorporated Denton County: Charles Bellinghausen; Industrial Development International (Texas) L.P.; Industrial Developments International, Inc.; Mitchell, Mitchell & Mitchell; Roanoke Ranch & Inv. Co.; and Doyle Wood.  

 
DISCUSSION:

State law requires a municipality to offer development agreements in lieu of annexation to property owners who maintain a current agricultural tax exemption on property considered for annexation.  If a development agreement is signed, the property will retain its extraterritorial jurisdiction status until it loses its agricultural exemption or the development agreement expires, whichever comes first.

The five-year annexation program identifies two areas for annexation consideration in 2009, Areas 2 and 66-1.  Approximately 51 acres of land in Area 2, located south of SH 114 and east of I-35W (North Freeway) in Denton County, qualify for the development agreement in lieu of annexation.  The Old Elizabethtown Trust owns this property in Fort Worth's extraterritorial jurisdiction, shown on Exhibit A. On October 7, 2009, the property owner signed his portion of the development agreement.

Also, approximately 217 acres of land in Area 66-1, located north of SH 114 and west of I-35W (North Freeway) in Denton County, qualify for the development agreement in lieu of annexation, as shown on Exhibit B. Several individuals or corporations own sites in this portion of Fort Worth's extraterritorial jurisdiction and are listed as Charles Bellinghausen; Industrial Development International (Texas) L.P.; Industrial Developments International, Inc.; Mitchell, Mitchell & Mitchell; Roanoke Ranch & Inv. Co.; and Doyle Wood.  By October 5, 2009, the property owners noted above signed their respective development agreements.

The attached sample development agreement, Exhibit C, provides for the enforcement of development regulations; agricultural zoning regulations; municipal building, mechanical, plumbing, residential, energy and fire codes; building permit requirements; minimum building standard codes; environmental protection/compliance and health codes; prohibitions on septic tanks; the gas drilling and production ordinance; the Comprehensive Plan; and other City regulations as they currently exist or may be enacted in the future.  Additionally, the Owners consent to the jurisdiction of the City's Municipal Court, boards and commissions to enforce City codes and regulations, as well as prosecuting criminal violations of City regulations. The development agreements cause the properties to be generally in compliance with development standards within the City limits.

All properties in the Old Elizabethtown Cemetery Road Enclave and the SH 114 Enclave are adjacent to COUNCIL DISTRICT 2.  

 
FISCAL INFORMATION/CERTIFICATION:

The Financial Management Services Director certifies that this action will have no material effect on City funds.

 
TO Fund/Account/Centers
 
FROM Fund/Account/Centers

Submitted for City Manager's Office by:
Fernando Costa (6122)
Originating Department Head:
Susan Alanis (8180)
Additional Information Contact:
Beth Knight (8190)

 
 
ATTACHMENTS
  Development Agreement -Sample 10-09.pdf
  Exhibit A - Area 2 w development agreement.pdf
  Exhibit B - Area 66-1 w zoning & inset map.pdf