Ord 19-2022 Annexing Property located at 6731 Southwest Parkway 06/07/2022 Ordinance No. 19-2022
Ordinance annexing +/- 12.455 acres of land out of Block 3, League 2,
Denton County School Survey, Abstract Number 417, Wichita County,
Texas, located at 6731 Southwest Parkway, at the request of the property
owner; accepting the Southwest Parkway/GVD Brook Hollow, LLC.
Annexation Servicing Plan Agreement for said tract under authority of Texas
Local Government Code Chapter 43; Subchapter C-3 — authority of
municipalities to annex an area on the request of owners; and rezoning (0.5
acres) and designating the tract property (12.455 acres) zoning as Multi-
Family Residential (MFR) and Land Use Plan classification as High-Density
Residential (HDR)
WHEREAS, the Planning Division received a request for petitioned annexation on
April 13, 2022; and,
WHEREAS, the Planning and Zoning Commission considered a proposed
rezoning and zoning designation for the requested property for annexation at its May 11,
2022, meeting, and voted to recommend approval of the request; and
WHEREAS, the governing body, Wichita Falls City Council, heard arguments for
and against the petition on June 7, 2022 and granted the petition for annexation by area
landowners; and,
WHEREAS, City departments have reviewed such annexation request and find
that such annexation would not burden City resources in providing service(s); and,
WHEREAS, the City Council has determined that such annexation is in the public
interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. A tract of land being 12.455 acres described in Field Notes herein included
as Exhibit "A" and as shown on the map included as Exhibit "B", is hereby annexed into
the City of Wichita Falls.
2. The annexation will not expand the City of Wichita Falls Extraterritorial
Jurisdiction (ETJ) area.
3. The City Council further directs the City Clerk to file a certified and true copy
of this ordinance together with a copy or duplicate of the petition for annexation in the
office of the Wichita County Clerk, Wichita County after its passage as required by law.
4. That Block 3, League 2, Denton County School Survey, Abstract Number
417, referenced at 6731 Southwest Parkway, Wichita County, Texas, as depicted on the
attached map incorporated in this ordinance as Exhibits "C" and "E", is hereby zoned for
Multi-Family Residential (MFR) uses.
5. The area on the Land Use Map, as depicted on the attached maps
incorporated in this ordinance as Exhibits "D" and "F" is hereby classified for High Density
Residential (HDR) uses.
6. The Annexation Service Plan Agreement outlining services to be provided
is included as Exhibit `G' in this ordinance.
PASSED AND APPROVED this the 7th day of June, 2022.
MAYOR
ATTEST:
17/%� B�
City Clerk
r// EXHIBIT "A"
12.455 ACRES OUT OF THE
DENTON COUNTY
SCHOOL SURVEY
ABSTRACT NUMBER 417
WICHITA COUNTY, TEXAS
PROPERTY DESCRIPTION
BEING a tract of land out of Block 3, League 2,Denton County School Survey,Abstract Number 417,in Wichita County,Texas,and being a portion
of a tract of land described by deed to Earth Homes, Inc.as recorded under Document Number 20187538,Official Public Records,Wichita County,
Texas, (O.P.R.W.C.T.), the subject tract being more particularly described by metes and bounds as follows, bearings are based on State Plane
Coordinate System,Texas North Central Zone(4202)North American Datum of 1983(NAD'83)):
BEGINNING at a metal post found for the northeast corner of said Earth Homes tract and the herein described tract;
THENCE South 00 degrees 34 minutes 27 seconds East,with the east line of said Earth Homes tract,passing a northern re-entrant corner thereof,
continuing and passing a southern re-entrant corner thereof, and continuing for a total distance of 871.38 feet to a 1/2 inch rebar with pink cap
stamped, "BARTON CHAPA" (hereinafter called "capped rebar set"),from which a 5/8 inch rebar found for the easternmost northeast corner of
said Earth Homes tract, bears North 41 degrees 38 minutes 42 seconds East, a distance of 472.21 feet, said point being the beginning of a
non-tangent curve to the left, having a radius of 2,197.11 feet, with a delta angle of 13 degrees 28 minutes 18 seconds,whose chord bears South
70 degrees 18 minutes 14 seconds West,a distance of 515.41 feet;
THENCE along said non-tangent curve to the left, and through the interior of said Earth Homes tract, an arc length of 516.60 feet to a capped
rebar set;
THENCE North 23 degrees 49 minutes 17 seconds West, through the interior of said Earth Homes tract, a distance of 769.46 feet to a capped
rebar set in the north line thereof;
THENCE with the north line of said Earth Homes tract,the following calls:
1.North 66 degrees 10 minutes 43 seconds East,a distance of 621.05 feet to a capped rebar set;
2.North 52 degrees 50 minutes 45 seconds East,a distance of 120.66 feet to a capped rebar set;
3.North 81 degrees 55 minutes 55 seconds East,a distance of 124.22 feet, returning to the POINT OF BEGINNING and enclosing 12.455 acres
(542,532 square feet)of land,more or less.
SURVEYOR'S CERTIFICATE
This is to certify that I,John H. Barton III, a Registered Professional Land Surveyor of the State of Texas, have prepared this map from an actual
survey on the ground,and that this map correctly represents that survey made by me or under my direction and supervision.
Date of Plat/Map:April 12,2022
7,-77,/-":
OF 7-
rre.
OHN HOMER BARTON II
n H.Barton III,RPLS#6737 ..-3 6737
SUR,I.c
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alr+olat Data\su ma-Gose F.mpws..tiy ca..dulto�n\za2rNoo7-M7chHu Faller nporsma,sOrc.,wpr
I
LEGEND OF ABBREVIATIONS
• D.R.W.C.T. DEED
E D RECORDS,WICHITA COUNTY,TEXAS
• P.R.W.C.T. PLAT RECORDS,WICHITA COUNTY,TEXAS
AO • DOC.# DOCUMENT NUMBER 1
Ai • C.M. CONTROLLING MONUMENT
• SQ.FT. SQUARE FEET
• ROW RIGHT OF WAY
200' 0 100' 200' 400' • CRS CAPPED REBAR SET
SCALE: I"=200'
POINT OF
BEGINNING
HOWARD DENNIS ROGERS N81°SS SS"E I MARK ZALOSKI AND
AND BESSIE W.ROGERS 124.22' ANNA ZALOSKI
VOL.619,PAGE 213 N52°50'45"E ej VOL.4148, PG.218
D.R.W.C.T. 120.66' CRS,0, METAL POST O.P.R.W.C.T.
WARD ADDITION (C•
M KELLY ZENTGRAF
VOL.22,PAGE 39 , CRS. ` DOC.#201617159
P.R.G.C.T. 67/ 0 O.P.R.W.C.T.
4
PROPERTIES N O 1'4 ,I
MOTION,LLC
VOL.3949, ` ) to
PAGE 366 ��A F • RANCHO
D.R.W.C.T OF Yti ,- e. Cgk1SA Cyr LIMITS LINE � VISTA PLACE
d, , �'A,0 PER CITY OF VOL.27,PG.166 A ABDUL HO
WICHfTA FALLS P.R.W.C.T. SSEIN
• 0',1"I ZONING MAP r-• RAZAVIZADEH AND
CFtS C-,i NELLIE RAZAVIZADEH
"I VOL.1385, PG. 136,
0.P.R.W.C.T.
PROPOSED ANNEXATION ;5— —
5
12.45 ACRES —. — ,B 5/8" REBAR
542,532 L SQUARE FEET (c.M.)
/
PORTION OF o EARTH HOMES NC
Q 1 EARTH HOMES, INC. DOC.#20187538/
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EXHIBIT „B�� 1t ,`
a" NOTE: 12.455 ACRES OUT OF THE
}a Bearings are based on the State DENTON COUNTY
= Plane Coordinate System,Texas AREA •
OF/ 71
�= North Central Zone(4202) SCHOOL SURVEY INTEREST
North American Datum of 1983 ABSTRACT NUMBER 417
(HAD'83),with a combined K,..
scale factor of 1.00012. WICHITA COUNTY, TEXAS / �
DRAWN BY:BCS DATE:04/)I/2022 JOB NO.:2021.OH 007 ....,.IFJ,:
Z:\Project Data\Survey\014 — Cross Engineering Consultants\2021\007 — Wichita Falls Apartments\Drawings
Exhibit 'C'
Requested Zoning for Annexation Tract
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6731 Southwest Parkway -Annexation %/I Zone Area Single Family 2
Zoning Map Subject Property - Residential Mixed Use
CITY OF WICHITA FALLS,PLANNING DIVISION —
MAP PRODUCED Br Cedric Hu Parcels General Commercial
DATE PRODUCED'28 Apri12022
City Limits Light Industrial
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Exhibit `D'
Requested Land Use for Annexation Tract
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6731 Southwest Parkway -Annexation Legend
Land Use Map _ Subject Property
CITY OF VWCHITA FALLS,PLANNING DIVISION
MAP PRODUCED BY:Cedric Hu Proposed Land Use
DATE PRODUCED:26 April 2022
Land Use Plan Boundary City Limits
Parcels j Wichita Falls
Exhibit `E'
Rezoning Map for 6731 Southwest Parkway
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Rezone Map i,V,1 Rezone Area
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Exhibit 'F'
Land Use Amendment Map for 6731 Southwest Parkway
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Land Use Map _ Subject Rezone Area
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DATE PRUXIC n 20 lir 2:22
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Exhibit `G'
Southwest Parkway/GVD Brook Hollow, LLC. - Annexation Service Plan Agreement
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$/r ' ie,:4olderP Opport mitie
City of Wichita Falls
ANNEXATION SERVICE PLAN
AGREEMENT
Southwest Parkway/GVD Brook Hollow, LLC.
May 2022
INTRODUCTION
On April 13, 2022 a representative of GVD Real Estate Development and Construction
LLC., submitted a petition for annexation (Exhibits A and B) on behalf of existing
landowner Earth Homes, Inc., President R.J. Wachsman. As of May 11, 2022 a Warranty
Deed (Exhibit C) verifies GVD Brook Hollow, LLC., future developer, had purchased the
tract land from Earth Homes, Inc. The request for owner initiated annexation includes +/-
12.455 acres out of a 56.13-acre tract. The partial tract of land is situated in Wichita
County and referenced as Block 3, League 2, Denton County School Survey Abstract
Number 417 in the general vicinity west of Southwest Parkway and south of Kell Freeway
commonly referenced as 6731 Southwest Parkway.
Pursuant to Chapter 43 of the Texas Local Government Code, the City of Wichita Falls
coordinated with each department and put together the Southwest Parkway/GVD Brook
Hollow, LLC. Petitioned Annexation Service Plan Agreement for future delivery of
municipal services to an area that was annexed by the City of Wichita Falls, at the request
of the landowner, on June 7th, of 2022 by Ordinance 19-2022.
The following municipal service agreement outlines each service the municipality (City of
Wichita Falls) will provide either on the effective date of the owner-requested annexation
adoption or to become effective at such time as outlined in a schedule of service.
Reference to `applicant' shall relate to the landowner/developer (GVD Brook Hollow,
LLC.) for the petitioned annexation. Future municipal services outlined in this agreement
are for a land tract subject to petitioned annexation by the City of Wichita Falls, Texas as
approved by the governing body on June 7, 2022, and referenced in Attachment A —
General Vicinity Map and Exhibits A and B. The City of Wichita Falls is not required to
provide services not included in this petitioned annexation municipal services agreement.
SOUTHWEST PARKWAY/GVD BROOK HOLLOW, LLC.
PETITIONED ANNEXATION SERVICE PLAN AGREEMENT
SERVICES TO BE PROVIDED
Police
This area will be served using the same standards for response, together with
investigative services as provided to other areas of the City.
Fire
This area will be served using the same operational standards for response, investigation
and code compliance as provided to other areas of the city.
Parks
1. Open park areas for picnicking will be available to any future residents of the
annexed area on the same basis as residents presently residing within the City
limits.
2. Services provided will be identical to those provided to persons living in other areas
of the City.
Engineering Services
Engineering services will be limited to the review of development plans, issuance of
permits as required in the development phase, and the inspection of the installation of
water mains, sanitary sewer mains and lift stations improvements, storm sewers, and the
paving of streets, drive approaches, sidewalks and alleys.
Library
Library services identical to those services to persons living in other areas of the City will
be provided to the annexation area.
Maintenance of Streets and Roads
Maintenance of streets and roads shall be on a level comparable to that provided for other
areas of the City with similar roads, equivalent population densities, degrees and nature
of development, traffic patterns, and other factors influencing street maintenance.
Traffic Services
Dependent on development demands, the City deems it necessary based on the Manual
on Uniform Traffic Control Devices (MUTCD) standards from the U.S. Federal Highway
Administration for street lights, pavement markings, traffic signals, traffic signs, including
street name, warning, and regulatory signs, will be installed, and maintained by the City
of Wichita Falls Traffic Department. In addition, traffic counts and other related studies
will follow the same procedures and guidelines practiced within the City.
Solid Waste Collection
1. For any future residential development that may occur in the area, the City will
supply curbside automated service by extending our current automated collection
service routing. The collection of solid waste from the individual properties and
containers shall be made in accordance with usual department scheduling and
rates.
2. Commercial solid waste collection services will be provided to any business
located in the annexed area under the same rate, procedures and regulations as
presently provided for any business customer within the City, upon request.
3. The use of the City's solid waste collection facilities and transfer station(s) will be
available to any future residents of the newly annexed area, and on the same basis
as those residents living within the City limits.
4. The City is the sole provider of residential and commercial solid waste collection
and disposal.
Schedule of Timing for Solid Waste Collection and Transfer Station Services
The property will be served at the same rate as available to other City residential
customers for refuse collection and transfer station services upon completion of all final
platting requirements.
Water and Sanitary Sewer Facilities
Maintenance
1. Maintenance of water facilities will include those facilities installed by the City or
installed according to City standards and specifications.
2. Sanitary Sewer will be in accordance with individual application of septic systems
where applicable, which shall be the responsibility of the property owner or tenant.
The City will maintain facilities installed by the City or installed according to City
standards and specifications.
Development
1. Additional extensions of a water system shall be at the expense of the "applicant"
as per Chapter 106, Article VI and the Comprehensive Subdivision Ordinance of
the Code of Ordinances of the City of Wichita Falls.
2. Sanitary sewer extensions shall be at the expense of the "applicant" in accordance
with Chapter 106, Article VI and the Comprehensive Subdivision Ordinance of the
Code of Ordinances of the City of Wichita Falls.
Schedule of Timing for Provision of Water and Sanitary Sewer Service
The property will be served by City Water and Sanitary Sewer services and may be
connected to these utilities upon completion of all final platting requirements.
Planning and Zoning Services
1. Planning and zoning services will be provided immediately upon annexation. In
addition to the protection of property values through the enforcement of zoning and
subdivision regulation, other services including the processing of applications for
zoning change and site plan review will be provided by existing City staff.
2. Rezoning of properties will be handled in accordance with existing City procedures.
Existing use of properties in conflict with permitted uses shall be deemed
nonconforming, and shall continue to operate in accordance with Section 6100 of
the Zoning Ordinance.
Building Inspection Services
Inspection services, including the review of building plans, the issuance of permits and
the inspection of all buildings, plumbing, mechanical, and electrical work to ensure
compliance with City codes and ordinances, will be provided by Building Inspection
personnel.
Environmental Health and Code Enforcement Services
1. Complaints of ordinance violation or other code violations within the area will be
answered and investigated by existing personnel.
2. Animal control services will be provided to those areas within the annexed area
using existing personnel and equipment.
3. Vector control services will be provided to those areas within the annexed area
using existing personnel and equipment.
Miscellaneous Services
General municipal {d .7.,st'titian, and adminis_rative services of ire will he available
to Me annexed area. L g nninc with the effective date of the drirK°x.,,ihoii
CITY of WICHITA FALLS
By: --, �
Darren Leiker
City Manager
OW Brook HoIllow, iLLC.
( t:3t(7-7
Gene axon Jr.
anagriq Member
CITY of WICHITA FALLS
APPROVED as to FORM: ATTEST:
Kinley H Iund Marie Balthrop�
City Attorney City Clerk
PETITION REQUESTING ANNEXATION BYAREA LAND OWNER
TO THE MAYOR OF THE GOVERNING BODY OF WICHITA FALLS, TEXAS:
The undersigned owner of the hereinafter described tract of land, which is vacant
and without residents, or on which fewer than three qualified voters reside, hereby petition
your honorable Body to extend the present city limits so as to include as part of the City of
Wichita Falls, Texas, the following described territory, to wit:
*SEE ATTACHED EXHIBIT"A" & "B"
We certify that the above described tract of land is contiguous and adjacent to the City of
Wichita Falls, Texas, and that this petition is signed and duly acknowledged by each and
every person having an interest in said land.
Signed:
R J. Wachsman — President
Earth Homes, Inc.
THE STATE OF TEXAS COUNTY OF WICHITA
B,F.QRE E, the un e ned authority, on this day personally appeared and
��]] 11�I''� known to me to be the person(s) whose name(s)
is/are subscribed to the foregoing instrument and each acknowledged to me that he executed
the same for the purposes and consideration therein expressed.
1 pRmy hand and seal of office, this la day ofP PRFL 2022,
fWZ\� c,• P118006,...
t7
Notary Public in and
s ti� o e for Wichita County,
i ° T
�,a Texas.
EII11
GLENN HEGAR TEXAS COMPTROLLER OF PUBLIC ACCOUNTS
P.O.Box 13528 • Austin,TX 78711-3528
June 28, 2022
Ms. Marie Balthrop
City Clerk
City of Wichita Falls
PO Box 1431
Wichita Falls, TX 76307
Dear Ms. Balthrop:
We have received Wichita Falls annexation ordinance no. 19-2022 and the map indicating the
property annexed into the City of Wichita Falls.
Our office needs additional time to implement city sales and use tax in the annexed area.
Therefore, the effective date to begin collection of this tax will be October 1, 2022.
If you have any questions or need more information, please call me toll free at 1-800-531-5441,
ext. 51907. My direct number is 512-475-1907.
Sincerely,
7>;?tg
Josh Hastie
Revenue Accounting Division
Tax Allocation Section