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HomeMy WebLinkAboutOrdinance 22673-04-2017 ORDINANCE NO. 22673-04-2017 AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT WORTH; PROVIDING FOR FULL-PURPOSE ANNEXATION OF A CERTAIN 13.865 ACRES OF LAND, MORE OR LESS, OUT OF THE GREENBERRY OVERTON SURVEY, ABSTRACT NUMBER 972, IN DENTON COUNTY, TEXAS (CASE NO. AX-16-010) WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT CORPORATE BOUNDARY LIMITS OF FORT WORTH, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL AMEND EVERY PRIOR ORDINANCE IN CONFLICT HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT CONFLICT; PROVIDING FOR SEVERABILITY; AND NAMING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth has received a petition in writing from the property owners,AIL Investment, L.P.,the owners,requesting the full-purpose annexation of the area; and WHEREAS, a notice of the availability of the Service Plan and notice of the first and second public hearings were published in a newspaper of general circulation in the City of Fort Worth and in the area proposed for annexation on February 23, 2017 and March 9, 2017 and the City made the plan available to the public in the City's Planning and Development Department and on the City's Internet website; and WHEREAS,the City conducted two public hearings at which members of the public who wished to present testimony or evidence regarding the Service Plan and Full-Purpose Annexation were given the opportunity to do so, in accordance with the procedural requirements of Section 43.124 of the Local Government Code on March 7, 2017 at 7:00 p.m., on March 28, 2017, at 7:00 p.m., at the City Council Chamber; and WHEREAS,the City's population is in excess of 100,000 inhabitants; and WHEREAS, the hereinafter described territory is in the City's exclusive extraterritorial jurisdiction and is adjacent to and adjoins the City; and WHEREAS,the hereinafter described territory contains 13.865 acres of land,more or less; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS: Ordinance No.22673-04-2017 Pagel of 4 SECTION 1. The following described land and territory lying adjacent to and adjoining the City of Fort Worth, Texas is hereby added to and annexed to the City of Fort Worth, Texas, for full purposes, and said territory hereinafter described shall hereafter be included within the boundary limits of the City of Fort Worth,Texas,and the present corporate boundary limits of said City,at the various points contiguous to the area hereinafter described, are altered and amended so as to include said area within the corporate limits of the City of Fort Worth, Texas,to-wit: BEING a tract of land situated in the Greenberry Overton Survey, Abstract Number 972, City of Fort Worth, Denton County, Texas, and being all of that tract of land described by deed to AIL Investment, L.P., recorded in Instrument Number 2014-98370 of Real Property Records, Denton County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at the northeast corner of that tract of land described by deed to AIL Investment L.P. recorded in Instrument Number 98-117443,being the most southerly southeast corner of that tract of land described by deed to M.T. Cole Family Partnership No. 2, L.P. tract, recorded in Instrument Number 2009-102749,also being in the west line of that tract of land described by deed to Donald Ray Fenner, recorded in Volume 4327, Page 48, all of said County Records; THENCE N 87053'57"W,2751.30,with the south line of said Cole tract and the north line of said AIL tract to the southeast corner of the aforementioned AIL Investment tract, recorded in 2014- 98370, the Point of Beginning; THENCE N 87053'57"W, 333.92 feet with the south line of said AIL tract, being the north line of said AIL investment tract,recorded in Instrument Number 98-117443, County Records,Tarrant County, Texas; THENCE N 01000'47"E, 951.26 feet with the common line of said AIL tracts to the northeast corner of said AIL tract, recorded in Instrument Number 98-117443, said County Records, from which the northwest corner of the aforementioned AIL Investment tract, recorded in Instrument Number 98-117443,bears S 89027'28'W, 1137.79 feet; THENCE N 89027'28"E, 843.24 feet, departing said common line, with the north line of the aforementioned AIL tract, recorded in Instrument Number 2014-98370, said County Records; THENCE S 00032'37"E, 167.89 feet with the east line of said AIL tract; THENCE S 34012'59"W, 939.29 feet continuing with said east line; THENCE S 00032'37"E,26.74 feet to the Point of Beginning and containing 603,960 square feet or 13.865 acres of land, more or less. Ordinance No.22673-04-2017 Page 2 of 4 SECTION 2. The above described territory is shown on Map Exhibit A attached hereto and expressly incorporated herein by reference for the purpose of depicting the location of the hereinabove described territory. SECTION 3. That the above described territory hereby annexed shall be part of the City of Fort Worth, Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Fort Worth, Texas,and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens in accordance with the Service Plan and shall be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth, Texas. SECTION 4. That the Service Plan attached hereto as Exhibit B was made available for inspection by and explanation to the inhabitants of the area to be annexed and is approved and incorporated into this ordinance for all purposes. SECTION 5. This ordinance amends every prior ordinance in conflict herewith, but as to all other ordinances or sections of ordinances not in direct conflict, this ordinance shall be, and the same is hereby made cumulative. SECTION 6. It is hereby declared to be the intent of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. The City Council hereby declares it to be its purpose to annex to the City of Fort Worth every part of the area described in Section 1 of this ordinance, regardless of whether any part of such described area is hereby not effectively annexed to the City. Should this ordinance for any reason be ineffective as to any part or parts of the area hereby annexed to the City of Fort Worth for full purposes, the ineffectiveness of this ordinance as to any such part or parts shall not affect the effectiveness of this ordinance as to the remainder of such area. Ordinance No.22673-04-2017 Page 3 of 4 SECTION 8. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Melinda Ramos, Assistant City Attorney Mary J. Ka , Ci S6dretary ADOPTED AND EFFECTIVE: April 11,2017 Ordinance No.22673-04-2017 Page 4 of 4 Annexation AX-16-010 Exhibit Addition of approximately 13.865 Acres to become part of Council District 7 a i ti 14 -'o R1 n� I y �+ A -1 -010 i 'C iJ � 0 W o �f fl frf r II { d i A { DENTON ---------------- TARRANT h d Proposed Process Schedule Mapsco References 1st Public Hearing 3/7/17 6D ORTWORTH. 2nd Public Hearing 3/28/17 Adjacent Cities Date of Institution 4/11/17 Fort Worth ETJ Current Full-Purpose Incorporated Area 339.27 square Niles Planning&Development Department 1/26/2037 Fort Worth City Limit 9 ;°° z1 Proposed Annexation Area 1:12,000 AX-16-010 Westport Addition Exhibit B CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Properties Subject to Plan: BEING 13.865 acres of land in Denton County, Texas, situated in the Greenberry Overton Survey,Abstract Number 972, and being all of that tract of land described by deed to AIL Investment, L.P., recorded in Instrument Number 2014-98370 of Real Property Records. Location and Acreage: Approximately 13.865 acres of land in Denton County, located east of FM 156, north of Intermodal Parkway and south Highway 114, in the Far North Planning Sector. County: Denton Municipal services to the Annexation Area will be furnished by or on behalf of the City of Fort Worth, Texas, at the following levels and in accordance with the following service plan programs: 1. PROGRAM FOR SERVICES TO BE PROVIDED ON THE EFFECTIVE DATE OF THE FULL- PURPOSE ANNEXATION The City will provide the following services in the Annexation Area on the effective date of the annexation, unless otherwise noted. As used in this plan, the term 'providing services' includes having services provided by any method or means by which the City may extend municipal services to any other area of the City, including the City's infrastructure extension policies and developer or property owner participation in accordance with applicable city ordinances. A. Police Protection The Fort Worth Police Department will provide protection and law enforcement services in the Annexation Area commencing on the effective date of full-purpose annexation. The services will include: • Normal patrols and responses to calls for service. • Handling of offense and incident reports. • Special units, such as traffic enforcement, criminal investigations, narcotics law enforcement, gang suppression, and crime response team deployment when required. These services are provided on a citywide basis. The area will be part of an existing Police Reporting Area, Q300. The area will be added to Beat N15 in Zone N1 in the North Division. B. Fire Protection Fire protection services will be provided by existing personnel and equipment of the Fort Worth Fire Department. These services will be provided based upon available water, road and street conditions, and distances from existing fire stations. Services will be provided to the annexation area commencing on the effective date of the annexation. These services include: Basic Life Support(BLS) 1st responder emergency medical services Fire suppression and rescue; Hazardous materials mitigation and regulation; Dive rescue; Technical rescue; Fire Safety Education; Aircraft/rescue/firefighting; Fire protection system plan review; and Inspections. 1 AX-16-010 Westport Addition Exhibit B These services are provided on a citywide basis. All Fort Worth firefighters are certified by the Texas Commission on Fire Protection. On the date of full-purpose annexation, the first responding fire services will come from Fire Station 11, located at 1900 Texan Drive. The second responding fire company will be from Fire Station 35 located at 2201 Flight Line Rd. The Fire Department estimates the response time to be 6.8 and 9.4 minutes, respectively. C. Emergency Medical Services—Basic Life Support Basic Life Support (BLS) emergency medical services by existing personnel and equipment of the Fort Worth Fire Department will be provided to the annexation area commencing on the effective date of the annexation. The Fort Worth Fire Department serves as the first responder on life threatening medical emergencies as a part of the MedStar system. All Fort Worth Fire Department personnel are certified as Emergency Medical Technician basic level or higher. All engines, trucks, and rescue units carry Automated External Defibrillators for use with victims who are in cardiac arrest. Emergency Medical Services—Advanced Life Support Advanced Life Support response provided by MedStar is greater.than 9 minutes to the proposed annexation area with a potential of at least a 30-minute transport time to the nearest trauma center. D. Solid Waste Collection Solid waste collection shall be provided to the Annexation Area in accordance with existing City ordinances and policies commencing on the effective date of the annexation. For residential collections, private solid waste service providers under contract with the City will provide services. Residential customers using the services of a privately owned solid waste management service provider other than the City's contracted service provider may continue to use such services until the second anniversary of the annexation. E. Operation and Maintenance of Water and Wastewater Facilities Existing occupied homes that are using water well and on-site sewer facilities (and therefore have service) may continue to use the existing water well and on-site sewer facilities. If the existing property owner would like to connect to the City water and sewer system, then the property owner may request connection and receive up to 200 LF of water and sewer extension at City cost for each occupied property lot or tract in accordance with the "Policy for the Installation of Community Facilities"and as consistent with the Texas Local Government Code. Upon connection to the City's water and sanitary sewer mains, water and sanitary sewage service will be provided at rates established by City ordinances for such service at the normal rates charged throughout the City. F. Operation and Maintenance of Roads and Streets. Including Street Licthting The following services will be provided in the Annexation Area commencing on the effective date of the annexation, unless otherwise noted. These services include emergency pavement repair and repair maintenance of public streets on an as-needed basis. Preventive maintenance projects are prioritized on a region-wide basis and scheduled based on a variety of factors, including surface condition, ride ability, age, traffic volume, functional class, and available funding. Any necessary rehabilitation or reconstruction will be considered and prioritized by the City. Streetlights installed on improved public streets shall be maintained by the City of Fort Worth in accordance with current City policies. Other street lighting shall not be maintained by the City of Fort Worth. 2 AX-16-010 Westport Addition Exhibit B The City will also provide regulatory signage services in the Annexation Area. Traffic signal, stop, and all other regulatory studies are conducted in conjunction with growth of traffic volumes. All regulatory signs and signals are installed when warranted following an engineering study. Faded, vandalized, or missing signs are replaced as needed. "CALL BACK" service is provided 24 hours a day, 365 days a year for emergency sign repair. G. OOoeration and Maintenance of Parks. Playgrounds and Swimming Pools Residents of this property may utilize all existing parks and community service facilities throughout the City, beginning with the effective date of the full-purpose annexation. Existing parks, playgrounds, swimming pools and other recreational and community facilities within the Annexation Area that are private facilities will be unaffected by the annexation. Existing parks, playgrounds, swimming pools and other recreational and community facilities within this property shall, upon deeding to and acceptance by the City and appropriations for maintenance and operations, be operated by the City of Fort Worth, but not otherwise. H. Operation and Maintenance of Any Other Publicly Owned Facility. Building or Service. In the event the City acquires any other facilities, buildings or services necessary for municipal services located in the Annexation Area, the appropriate City department will provide maintenance services upon the effective date of the full-purpose annexation. 2. PROGRAM FOR PROVIDING ADDITIONAL SERVICES In addition to the services identified above, the following services will be provided in the Annexation Area on the effective date of the full-purpose annexation, unless otherwise noted: A. With a Fort Worth library card, residents can access the Library's online resources which include ebooks, a-audio and reference databases from home and borrow materials from any Fort Worth Library branch and our MetrOPAC partners and from participating TexShare libraries. B. The City will provide general municipal administration and administrative services beginning with the annexation. C. The Annexation Area will be included in the Transportation and Public Works Department's Stormwater Utility service area. Properties in this area will be assessed a monthly fee based on the amount of impervious surface. The fees will cover the direct and indirect costs of stormwater management services, including routine maintenance (at current citywide service levels)for all public drainage channels and for all public storm sewers within dedicated public drainage easements. The Stormwater Utility will also provide floodplain management and information regarding flood plains, as well as watershed development review and inspection. D. City codes, consumer health, and animal care and control ordinances and regulations, that include but not limited to: high weeds and grass, trash and debris, solid waste, trash carts and illegal dumping, junked and abandoned vehicles, zoning, food, daycare, public pool and spa inspections, stray animals, cruelty and bite investigations will be enforced. Complaints of ordinance or regulation violations within the area will be answered and investigated by existing personnel within the appropriate Code Compliance Division beginning on the effective date of the annexation. E. The City's building, plumbing, mechanical, electrical, and all other construction codes will be enforced within the Annexation Area beginning with the effective date of the annexation. F. The City's zoning, subdivision, sign, manufactured housing,junk yard and other ordinances shall be enforced in the Annexation Area beginning on the effective date of the annexation. G. All inspection services furnished by the City of Fort Worth, but not mentioned above, will be provided to the Annexation Area beginning on the effective date of the annexation. 3 AX-16-010 Westport Addition Exhibit B H. The Environmental Management Division will provide the following services: Emergency spills and pollution complaints response; Storm sewer discharge pollution prevention; and Water quality assessments for creeks. 3. PROGRAM FOR PROVIDING FULL MUNICIPAL SERVICES WITHIN 5-%YEARS In addition to the services listed above, the City will provide full municipal services to the Annexation Area commensurate with the levels of services provided in other parts of the City except if differences in topography, land use, and population density constitute a sufficient basis for providing different levels of service, no later than five and one-half(5-'/z) years after the effective date of the annexation. If full municipal services cannot be reasonably provided within the aforementioned time period, the City will propose a schedule for providing said services within a period of seven and one-half(7-1/2)years after the effective date of the annexation, and/or upon commencement of development of a subdivision within this property, whichever occurs later. "Full municipal services" are services provided by the annexing municipality within its full-purpose boundaries, excluding gas or electrical service. The City shall provide the services by any of the methods by which it extends the services to any other area of the City. 4. CAPITAL IMPROVEMENTS PROGRAM The developer will initiate acquisition or construction of capital improvements necessary for providing full municipal services adequate to serve the Annexation Area. Any such construction shall be substantially completed within two and one-half (2-%) years after the effective date of the annexation. If capital improvements necessary for providing full municipal services for the Annexation Area cannot be reasonably constructed within the aforementioned time period, the City will propose a schedule for providing said services within a period of four and one-half (4 '/) years, and/or upon commencement of development of a subdivision within this property, whichever occurs later. Acquisition or construction shall be accomplished by purchase, lease, or other contract. Any such construction shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. A. Police Protection. No capital improvements are necessary at this time to provide police protection to the Annexation Area. Need for construction of new facilities will be assessed periodically based on population growth, predicted growth and call volume. B. Fire Protection. Currently, Fire Station 11 has a 6.8 minute response time to the Annexation Area. Consideration should be given to constructing new stations and staffing new facilities prior to final decision to complete annexation. C. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection services to the Annexation Area. D. Water and Wastewater. The subject property is contained completely within the City of Fort Worth's water CCN 12311. The vacant properties' water and sewer extensions within Fort Worth's CCN will be installed by the Developer in accordance with the "Policy for the Installation of Community Facilities". The proposed area is located in the North Side II (NSII) and North Side III (NSIII) water pressure planes. The area west of this property is also located in Northside III water pressure plane. An existing NSII 16-inch water main running towards east is approximately 3562-feet away from the south side of the annexation boundary. An existing 15-inch diameter sewer runs along Intermodal Parkway, approximately 3600-feet away from the south side of the annexation boundary. The NSIII water extension will need to be from the 36-inch NSIII water main west of the BNSF railroad tracks. 4 AX-16-010 Westport Addition Exhibit B The existing 16-inch NSIII water main at Intermodal and FM156 does not have additional capacity for additional NSIII connections. A Water/Sewer Study may be required. Water/Sewer will be required to be extended to every proposed lot. All water and wastewater facilities will be at the developer's cost and as consistent with the Texas Local Government Code. Water and sewer line sizes will be determined based upon the water/sewer study provided by the developer's engineer. Any City participation on water and sewer facilities for over sizing will be in accordance with the "Installation Policy of Community Facilities" and the Texas Local Government Code. Upon connection, water and sanitary sewage service will be provided at rates established by City ordinances for such service at the normal rates charged throughout the City. E. Roads. Future capital improvements are estimated to be $9.5 million for reconstruction of local streets to concrete. F. Storm Water Utility. This property is not within any mapped FEMA floodplain. The main body of this property gently slopes to the east flowing into a natural drainage channel along the east edge of the property which flows northeasterly and joins Elizabeth Channel. Portions of the northeastern tract may experience some low water flooding and ponding within and outside of drainage channel. There does not appear to be any cross lot drainage that would adversely affect other properties. These findings are based on planning level potential high water mapping. The Stormwater Management Division prioritizes future planning and projects to reduce flooding based on Citywide needs and considering the availability of funding. Any flooding problems that exist are likely to persist for the foreseeable future and potential flood mitigation projects will compete for limited funding based on Citywide needs. Residences should report any flooding or stormwater maintenance concerns to Stormwater Customer Service at 817-392-8100 so the City can consider resident concerns when identifying and prioritizing future planning, capital projects, and maintenance efforts. It is expected that typical stormwater maintenance will be needed in the area. G. Street Lighting. It is anticipated that new subdivisions in the Annexation Area will install street lighting in accordance with the City's standard policies and procedures. In other cases, the City will consider installation of additional street lighting in the Annexation Area upon request, with priority given to street lighting for traffic safety. Provision of street lighting will be in accordance with the City's street lighting policies, and those of the providing utility. H. Parks. Playgrounds and Swimming Pools. Capital improvements such as parkland acquisition and development of facilities will be dictated by future land use of the area, goals established by the Park, Recreation and Open Space Master Plan and appropriation of resources. Should additional residential development occur, parkland dedication, neighborhood park development and neighborhood park infrastructure or payment in lieu thereof will be required in accordance with the Park Dedication Policy of the Subdivision Ordinance. I. Other Publicly Owned Facilities. Building or Services: Additional Services. In general, other City functions and services, and the additional services described above can be provided for the Annexation Area by using existing capital improvements. Additional capital improvements are not necessary to provide City services. 5. IMPACT FEES Notwithstanding any other provision of this service plan, a landowner within the Annexation Area will not be required to fund capital improvements necessary to provide municipal services in a manner inconsistent with Chapter 395 of the Local Government Code governing impact fees, unless otherwise agreed to by the landowner. 5 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/11/2017 - Ordinance No. 22673-04-2017 DATE: Tuesday, April 11, 2017 REFERENCE NO.: L-16026 LOG NAME: 06WESTPORT ADDITION, OWNER-INITIATED (AX-16-010) SUBJECT: Consider Institution and Adoption of Ordinance for Owner-Initiated Annexation of Approximately 13.865 Acres of Land in Denton County, Located in the Far North Planning Sector, East of FM 156, North of Intermodal Parkway and South of Highway 114 (FUTURE COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council institute and adopt the attached ordinance annexing approximately 13.865 acres of land in Denton County, east of FM 156, north of Intermodal Parkway and south of Highway 114, for full purposes as shown on Exhibit A. DISCUSSION: On November 14, 2016, representatives for the property owners, AIL Investment, L.P., submitted an application for full-purpose annexation of the above referenced property into the City of Fort Worth. The owner-initiated annexation contains approximately 13.865 acres and is part of an enclave identified as Area 73-2 within the City's annexation program. Annexation of this site is consistent with the City's annexation policy of annexing enclaves and property proposed for urban development. The owner plans to develop the property as part of the Westport Addition for industrial uses. In accordance with Section 4.102D of the City's Zoning Ordinance, this site would be automatically zoned Agricultural (AG) upon annexation. The subject area consists of vacant land. This property is designated in the future land use map of the 2017 Comprehensive Plan as an industrial growth center. The owner of the property has submitted a zoning application requesting "K" heavy industrial zoning, which is consistent with the Comprehensive Plan. While the annexation and zoning are related cases, approval of the annexation is not conditional upon approval of the associated zoning request (ZC-17-027). The fiscal impact analysis shows that the property will have a long-term positive impact to the General Fund. This property currently produces tax revenue of approximately $377.00 annually. The City is able to provide municipal services upon annexation in accordance with state law without negatively impacting service provision within the City. Public hearings on the attached service plan (Exhibit B)were conducted during the March 7th and March 28th City Council meetings. The adoption of the attached ordinance completes the annexation process. If annexed, this property will become part of COUNCIL DISTRICT 7. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that adoption of this annexation ordinance will have no material effect on Logname: 06WESTPORT ADDITION, OWNER-INITIATED (AX-16-010) Page 1 of 2 City funds. All financial impact of this action, if approved, will be built into the City's long-term financial plans. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # _f Amount ID ID Year (Chartfield FROM Fund Department ccoun Project Program ctivity Budget Reference # �moun� ID ID Year ChartField 2 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Leo Valencia (6942) Logname: 06WESTPORT ADDITION, OWNER-INITIATED (AX-16-010) Page 2 of 2