HomeMy WebLinkAboutOrdinance 25461-04-2022 ORDINANCE NO. 25461-04-2022
AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR
THE LIMITED PURPOSE ANNEXATION OF APPROXIMATELY 47.26
ACRES OF LAND IN THE GUADALUPE CARDINAS SURVEY,
ABSTRACT NO. 214, DENTON COUNTY, 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 written petition from Traditions
Investors,LLC,the sole owner,requesting limited purpose annexation of approximately 47.26 acres
of land in the Guadalupe Cardinas Survey,Abstract No.214,Denton County,Texas,as depicted in
Exhibit A and described in Exhibit B(the"Property"); and
WHEREAS,the Property is in Tradition Municipal Utility District No. 1 of Denton County
(the"District"), which encompasses a total of 431.303 acres of land; and
WHEREAS,the Property is subject to that certain Development Agreement with the City of
Fort Worth dated January 12,2016(City Secretary Contract No.47477), as amended by the First
Amendment to Development Agreement dated June 17, 2019 (City Secretary Contract No.47477-
A l)and the Second Amendment to Development Agreement(City Secretary Contract No.47477-
A2)(collectively, the"Development Agreement"); and
WHEREAS,the Second Amendment to Development Agreement provides that the City of
Fort Worth will annex the Property for limited purposes pursuant to Section 43.121,et seq.,of the
Texas Local Government Code and adopt an ordinance zoning the Property in accordance with
Chapter 211,Texas Local Government Code;and
WHEREAS, Traditions Investors,LLC submitted a zoning application for the Property,
zoning case ZC-21-190,which was recommended for approval by the Zoning Commission; and
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WHEREAS,Section 43.1211 of the Texas Local Government Code authorizes the City to
annex the Property for limited purposes using the procedures for voluntary full purpose annexation
under Subchapter C-3 ofthe Texas Local Government Code;and
WHEREAS, the City Council conducted one public hearing at which members of the
public who wished to present testimony or evidence regarding the limited purpose annexatio n
were given the opportunity to do so, in accordance with the procedural requirements of Section
43.0686 of the Local Government Code, on December 14, 2021 in the City Council Chamber;
and
WHEREAS,upon adoption of this ordinance annexing the Property for limited purposes
and an ordinance zoning the Property, such zoning regulations shall supersede the Development
Agreement as amended,with respect to land uses and development regulations for the Property,as
provided in the regulatory plan attached hereto as Exhibit C;and
WHEREAS, as set out in the regulatory plan, City shall not annex the Property for
full purposes unless the City annexes all property within the District for full purposes; and
WHEREAS, the City Council finds and determines that annexation of the Property for
limited purposes and adoption of the regulatory plan is in the best interest of the citizens of the
City of Fort Worth and the owners and residents of the area; and
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
The Property, consisting of the 47.26 acres of land shown in Exhibit A and described
in Exhibit B attached hereto, is hereby annexed by the City of Fort Worth, Texas, for limited
purposes, in accordance with Sections 43.121, et seq. of the Texas Local Government Code.
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SECTION 2.
The regulatory plan attached as Exhibit "C" is hereby adopted by the approval of this
ordinance. The regulations identified in the regulatory plan will be enforced within the Property.
SECTION 3.
The qualified voters of the Property are entitled to vote in municipal elect io ns
regarding the election or recall of members of the City Council or regarding the amendment of
the municipal charter, but may not vote in any bond election or be a candidate for, or elected
to, a municipal office.
SECTION 4.
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 is cumulative.
SECTION 5.
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, paragrap h
or section.
SECTION 6.
The City Council hereby declares it to be its purpose to annex to the City of Fort Worth
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for limited purposes every part of the area described in Section I of this ordinance, regardless
of whether any part of such described area is hereby not effectively annexed for limite d
purposes. 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 limited 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.
SECTION 7.
This ordinance shall be in full force and effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
q&i"wTghneft� S. GaadaH
_ Jannette S.Goodall(Apr 13,2022 16:18 CDT)
Melinda Ramos Jannette Goodall, City Secretary
Senior Assistant City Attorney
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ADOPTED AND EFFECTIVE: April 12, 2022
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Exhibit A
NOTES: 0 300
— 1. SURVEY PERFORMED BY DUNAWAY
ASSOCIATES, MARCH 2O20
2. SURVEY PREPARED IN CONFORMANCE SCALE: 1"=300'
WITH 22 TAC 663.21 AS DESCRIBED DECEMBER, 2020
BY THE TEXAS BOARD OF DENTON COUNTY, TEW
L_ PROFESSIONAL LAND SURVEYING IN
tour GENERAL RULES OF PROCEDURES AND
PRACTICES.
9'TE 3. SITE WILL BE FOR RESIDENTIAL A14D
RETAIL AND USE.
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LOCATION MAP
NOT TO SCALE
LEGEND
W:�LL +
5/0- IRON ROD FOUND ., - 3 t '-
TXDOT MONUMENT FOUND
DEED RECORDS OF
D R D.C.TX DENTON COUNTY, TEXAS
Plu`.M PLAT RECORDS OF p,
DENTON COUNTY, TEXAS
11/11/2020 47.26 ACRES
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Exhibit B
Legal Description
BEING A47.26 ACRE TRACT OF LAND SITUATED IN THE GUADALUPE CARDINAS
SURVEY, ABSTRACT NO. 214, DENTON COUNTY, TEXAS AND COMPRISED OF ALL
OF A 46.26 ACRE TRACT OF LAND DESCRIBED IN DEED TO TRADITIONS
INVESTORS, LLC, AS RECORDED IN COUNTY CLERK DOCUMENT NO. 2020-37553,
OFFICIAL PUBLIC RECORDS OF DENTON COUNTY, TEXAS (O.P.R.D.C.T.), AND ALL
OF A CALLED 1.00 ACRE TRACT OF LAND DESCRIBED IN DEED TO TRADITIONS
INVESTORS, LLC, AS RECORDED IN COUNTY CLERK NO. 2020-59543, O.P.R.D.C.T.;
SAID 47.26 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING at a found TXDOT monument for the southeast corner of said 46.26 acre
tract, said corner being on the apparent north right-of-way line of State Highway 114
(variable width), the north line of a tract of land described in deed to The Atchison, Topeka
and Santa Fe Railway Company, as recorded in County Clerk Document No. 93-20408,
D.R.D.C.T., and the west line of a tract of land described in deed to River's Edge
Homeowners Association, Inc., as recorded in County Clerk Document No. 2012 69172,
D.R.D.C.T.;
THENCE South 89 degrees 48 minutes 35 seconds West, along the apparent north right-of-
way line of said State Highway 114, a distance of 1,072.86 feet to a found TXDOT
monument for an angle point;
THENCE North 86 degrees 30 minutes 01 second West, along the apparent north right-of-
way line of said State Highway 114, a distance of 900.15 feet to a found 5/8 inch iron rod
with cap stamped "DUNAWAY ASSOC. LP"for the intersection of the apparent north
right-of-way line of said State Highway 114 and the east line of said The Atchison, Topeka
and Santa Fe Railway Company tract;
THENCE North 44 degrees 26 minutes 33 seconds East, along the west line of said
47.26 acre tract and the east line of said The Atchison, Topeka and Santa Fe Railway
Company tract, a distance of 2,809.66 feet to a found 5/8 inch iron rod for the north corner
of said 47.26 acre tract and an east corner of said The Atchison, Topeka and Santa Fe
Railway Company tract, said corner being on the west line of a tract (Tract 2) of land
described in deed to Forestar(USA) Real Estate Group, Inc., as recorded in County Clerk
Document No. 2014-25303, D.R.D.C.T.;
THENCE South 00 degrees 06 minutes 43 seconds East, along the east line of said 47.26
acre tract and the west line of said Forestar (Tract 2), the west line of River's Edge,an
addition to the City of Fort Worth, as recorded in Cabinet Y, Slide 465, Plat Records
Denton County, Texas (P.R.D.C.T.), the west line of River's Edge, Phase 2, an addition to
the City of Fort Worth, as recorded in County Clerk Document No. 2009-32, P.R.D.C.T.,
the west line of a called 4.4365 acre tract of land described in deed to MAW River's Edge
L.P., as recorded in County Clerk Document No. 2005-11599, D.R.D.C.T., and the west line
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of said River's Edge Homeowners Association tract (County Clerk Document No. 2012
69172), a distance of 2,057.36 feet to the POINT OF BEGINNING and containing 47.26
acres of land, more or less.
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Exhibit C
Regulatory Plan
The following planning, zoning, health and safety ordinances will be enforced within the Property:
Ordinance No. approving zoning for the Property in zoning case ZC-21-190
(the "Zoning Ordinance") and the planning, zoning, health and safety ordinances set out in the
Development Agreement dated January 12,2016 (City Secretary Contract No. 47477),as amended by that
certain First Amendment to Development Agreement dated June 17,2019(City Secretary Contract No.47477-
A 1)and that certain Second Amendment to Development Agreement(City Secretary Contract No.47477-A2)
(collectively,the "Development Agreement").
In the event of a conflict between the Development Agreement and the Zoning Ordinance,the Zoning
Ordinance will prevail.
The parties have waived the deadline for full purpose annexation of the Property, in accordance with
Section 43.127 of the Texas Local Government Code. The City shall not annex the Property for full
purposes until the City annexes all land within Tradition Municipal Utility District No. 1 of Denton
County for full purposes,in accordance with the Development Agreement and state law.
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Tradition MUD No. 1
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Subject Property(Approx.47 acres) Fort Worth FORT WORTH.
QDESIGNATION o soo 1,000 Feet
Tradition MUD No.1
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Adjacent Cities LJ Full Purpose 1:24,000 Planning&Development Department
County Boundaries ® Limited Purpose 12/10/2020
Extraterritorial Jurisdiction
COPYRIGHT 2020 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A
Master Thoroughfare Plan VIOLATION OF APPLICABLE LAWS. THIS DATA IS TO BE USED FOR A GRAPHICAL
REPRESENTATION ONLY.THE ACCURACY IS NOT TO BE TAKEN/USED AS DATA
Land Use PRODUCED FOR ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL
LAND SURVEYOR. THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR
e e e� Neighborhood Connector THE ACCURACY OF SAID DATA.
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 12/14/21 M&C FILE NUMBER: M&C 21-0943
LOG NAME: 06AX-21-014 TRADITION MUD NO. 1, LPA
SUBJECT
(ETJ Future CD 7)Conduct Public Hearing and Consider Adopting Ordinance for the Owner-Initiated Limited Purpose Annexation of
Approximately 47.26 Acres of Land Located in the 11600-12000 Blocks of Highway 114 and Approving Regulatory Plan(Annexation Case No.
AX-21-014)(Continued from a Previous Meeting)
(PUBLIC HEARING-a. Report of City Staff:Jennifer Roberts;b.Public Comment;c.Council Action:Close Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that the City Council:
1.Conduct public hearing for the proposed owner-initiated limited purpose annexation of approximately 47.26 acres of land in Denton County
located in the 11600-12000 Blocks of Highway 114,as shown on Exhibit A and described in Exhibit B(the"Property");and
2.Adopt ordinance annexing the Property for limited purposes and approving regulatory plan.
DISCUSSION:
The Property is located in the City of Fort Worth's extraterritorial jurisdiction and is within Tradition Municipal Utillity District No. 1 of Denton County
(the"District"),which encompasses approximately 431 acres of land. Land within the District,including the Property,is subject to a Development
Agreement dated January 12,2016(City Secretary Contract No.47477-A1)and Second Amendment to Development Agreement approved by
the City Council on December 15,2020(City Secretary Contract No.47477-A2)(collectively,the"Development Agreement").The Development
Agreement sets out the uses permitted on the Property and standards for developing the Property.
The future land use map in the Comprehensive Plan designates the Property for mixed-uses,and the proposed zoning complies with the future
land use map.The associated zoning case(ZC-21-190)was recommended for approval by the Zoning Commission on November 10,2021.The
proposed zoning is"PD/D"Planned Development for all uses in"D"High-Density Multifamily with development standards for setbacks,fencing,
open space,signage and a waiver to the MFD submittal;"PD/MU-2"Planned Development for all uses in High Intensity Mixed-Use plus mini-
warehouse with development standards for fenestration,facade on primary street frontage and height;and,"PD/E"Planned Development for"E"
Neighborhood Commercial,site plan requried.
On December 15,2020(M&C 20-0929)the City Council authorized the City Manager to execute the Second Amendment to the Development
Agreement with the owner of the Property,Traditions Investors, LLC,which provides for the City to annex the Property for limited purposes.Limited
purpose annexation authorizes the City to zone the Property,in lieu of regulating uses and development standards for the Property pursuant to the
Development Agreement.Traditions Investors, LLC,submitted a zoning application for the Property,ZC-21-190,which was recommended for
approval by the Zoning Commission and is on the City Council's December 14,2021 agenda for consideration.
The City Council will conduct a public hearing on the proposed limited purpose annexation.Once the City Council has conducted the required
public hearing,the City Council may close the hearing and vote on annexing the Property for limited purposes.The limited purpose annexation
ordinance includes a regulatory plan providing that the Property will be subject to the zoning ordinance approved by the City Council for zoning
case ZC-21-190.The regulatory plan also provides that the Property will be annexed by the City for full-purposes when the City annexes the
remainder of the land in the District,in accordance with the Development Agreement and state law.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City funds.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: D.J.Harrell 8032
Additional Information Contact: Mary Elliott 7844