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26801-03-2024 - City Council - Ordinance (2)
ORDINANCE NO. 26801-03-2024 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 18.49 ACRES, MORE OR LESS, OUT OF LAND SITUATED IN THE THOMAS S. REYBURN SURVEY, ABSTRACT NUMBER 1130 AND THE RUFUS KING SURVEY, ABSTRACT NUMBER 723, CITY OF ROANOKE, DENTON COUNTY, TEXAS, BEING ALL OF THAT TRACT OF LAND DESCRIBED BY DEEDS TO AIL INVESTMENT, L.P., RECORDED IN INSTRUMENT NUMBER 2023-68836, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, (CASE NO. AX -23-010) 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 AIL Investment, LP, the owner, requesting the full -purpose annexation of 18.49 acres of land as described in Section 1, below (the "Property"); and WHEREAS, the hereinafter described Property is in the City's exclusive extraterritorial jurisdiction and is adjacent to and adjoins the City; and WHEREAS, Subchapter C-3 of the LGC permits the City to annex an area if each owner of land in an area requests the annexation; and WHEREAS, in accordance with Subchapter C-3 of Chapter 43 of the Texas Local Government Code, the City section 43.0672 of the Texas Local Government Code, AIL Investment, .LP, and the City negotiated and entered into a written agreement, City Secretary Contract No. 61194, for the provisions of municipal services in the area; and WHEREAS, the City conducted one public hearing at which members of the public who wished to present testimony or evidence regarding the Municipal Service Agreement and Full -Purpose Annexation were given the opportunity to do so, in accordance with the procedural requirements of Section 43.0673 of the Local Government Code on. March 26, 2024 at 10:00 a.m., at the City Council Chamber; and square footage in the descriptions WHEREAS, the City Council finds and determines that annexation of the Property hereinafter described is in the best interest of the citizens of the City of Fort Worth and the owners and residents of the area. , NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That all portions of the Property, comprising approximately 18.49 acres of land, are hereby annexed to the City of Fort Worth as a part of the city for all municipal purposes, and the city limits are extended to include such Property being all that certain land particularly described below and depicted as on Exhibit "A" attached to and incorporated in this ordinance for all purposes: BEING a tract of land situated in the Thomas S. Reyburn Survey, Abstract Number 1130 and the Rufus King Survey, Abstract Number 723, City of Roanoke, Denton County, Texas, being all of that tract of land described by deeds to AIL Investment, L.P., recorded in Instrument Number 2023-68836, Real Property Records, Denton County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at the southeast comer of said AIL Investment tract, being the northeast comer of that tract of land described by deed to BS CONCEPT, LLC., recorded in Instrument Number 2015-117040, Real Property Records, Denton County, Texas, and being in the west right-of-way line of Elizabethtown Cemetery Road (a paved traveled roadway, no record found); THENCE S 89°40'36"W, 705.06 feet, departing said west right-of-way line, with the south line of said AIL Investment tract to the northwest comer of said BS Concepts tract, being the northeast comer of that tract of land described by deed to Day Group Inc., recorded in Instrument Number 2021-126577, Real Property Records, Denton County; THENCE S 89°43' 12"W, 588.96 feet, with said south line and the north line of said Day Group tract, to the southwest coiner of said AIL Investment tract, being the southeast comer of that tract of land described by deed to TDA Investors, LLC, recorded in Instrument Number 2022-110711, said Real Property Records; THENCE N 00°04'55"E, 613.63 feet, with the west line of said AIL Investment tract and the east line of said TDA Investors tract, to the northwest comer of said AIL Investment tract, being the northeast comer of said TDA Investors tract, and being in the south line of the remainder of that tract of land described by deed to AIL Investment, L.P., recorded in Volume 4246, Page 457, said County Records; THENCE N 88°38'13"E, 725.30 feet, with the north line of said AIL Investment tract and the south line of said remainder tract; Annexation AX -23-010 Ordinance No. 26801-03-2024 THENCE S 89°51'22"E, 568.92 feet, with said common line to the northeast comer of said AIL Investment tract, being the southeast comer of said remainder tract and being in the aforementioned west right-of-way line of Elizabethtown Cemetery Road; THENCE S 00°04'55"W, 622.60 feet, with the east line of said AIL Investment tract and said west right-of-way line to the Point of Beginning and containing 805,418 square feet or 18.490 acres of land more or less. 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 Municipal Services Agreement and shall be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth, Texas. SECTION 4. That the Municipal Services Agreement attached hereto as Exhibit "B" is approved and incorporated into this ordinance for all purposes. SECTION 5. CUMULATIVE CLAUSE 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. SEVERABILITY LAUSE 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. Annexation —AX-23-010 Ordinance No. 26801-03-2024 SECTION 7. SAVING CLAUSE 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 I 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. SECTION S. EFFECTIVE DATE This ordinance shall be in full force and effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Melinda Ramos Deputy City Attorney ADOPTED AND EFFECTIVE: March 26, 2024 Jannette S. Goodall City Secretary Annexation —AX -23-0I0 Ordinance No. 26801-03-2024 Basis of Searing ,s the Texas Coordinate System North Control Zone 4202,NAD 83 m;0 document was prepared under 22 TAC 138.33e, does not reflect the results of an on the grouna survey and is not to be used to convey or establish interests in real property except those rights and interests implied or estobl:'shed by the 6reotian or reconfiguration of the boundary of the political subdurston for which it eras prepared. 0 200 400 GRAPHIC SCALE IN FEET '4ntegral par is of this document" I. Description 2 Exhibit N88.3813"E 1O Tl M0,2 ti7re lnstp PAA.i . s.e �+.I r � tl — — — — — — 589° 43'12"W 91 atpT q ���x'A TODD oflDt' »'y4940..._ \V�6°xfL,Rt- b T5PEL5 - L5 FM AEG. 40. x0177700 LP. kL vpprJcJ. city of raft ,ions. 725.30' S89 51'22'E 8.92' Gtr of Fort worts ETJ'---=-`---i- -.00 —, able AIL Investment, L.P. Inst.° 2023-68836 R.P.R.D.C-T.I 18.490 Acres - w• • C b C City of fort Worth ELI 588 96 S89° 4036W Oily of Fort worth 705.06' Point of �. GrGJt7' rf 2p 65 coCEFT5, LLC c Begi7tnin g mst:q I: nsraPRAAT _I> I Exhibit of 18.490 Acres of Land Suated in the Thomas S. FReyburn Surrey, Abstract Number '130. and the Rufus King Survey, Abstract Number 723, City of Tort Worth ETJ,Denton County. Texas. Copyr,pht ID 2023 Peloton Lond Seirtrorrs, InC,. a Wyt•Dad C ..r -r 11 oe 0 P.O 0 N r+•I O 000 N Ct z 0 "C u O 0 Exhibit B Municipal Services Agreement Annexation AX -23-0I0 Ordinance No. 26801-03-2024 CSC No. 61194 MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS AIL INVESTMENT, L.P. This Municipal Services Agreement ("Agreement") is entered into on 26th day of March , 2024 by and between the City of Fort Worth, Texas, a home -rule municipality of the State of Texas, ("City") and AIL INVESTMENT, L.P. ("Owner"). RECITALS The parties agree that the following recitals are true and correct and form the basis upon which the parties have entered into this Agreement. WHEREAS, Section 43.0671 of the LGC permits the City to annex an area if each owner of land in an area requests the annexation; WHEREAS, where the City elects to annex such an area, the City is required to enter into a written agreement with the property owner(s) that sets forth the City services to be provided for the Property on or after the effective date of annexation (the "Effective Date"); WHEREAS, Owner owns certain parcels of land situated in DENTON County, Texas, which consists of approximately 18.49 acres of land in the City's extraterritorial jurisdiction, such property being more particularly described and set forth in Exhibit "A" attached and incorporated herein by reference ("Property"); WHEREAS, Owner has filed a written request with the City for full -purpose annexation of the Property, identified as Annexation Case No. AX -23-010 ("Annexation Case"); WHEREAS, City and Owner desire to set out the City services to be provided for the Property on or after the effective date of annexation; WHEREAS, the Annexation Case and execution of this Agreement are subject to approval by the Fort Worth City Council; and NOW THEREFORE, in exchange for the mutual covenants, conditions and promises contained herein, City and Owner agree as follows: 1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the Annexation Case. 2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full, available municipal services to the Property in accordance with state law, which may be accomplished through any means permitted by law. For purposes of this Agreement, "full municipal services" means all services provided by the City within its full -purpose boundaries, OFFICIAL RECORD Owner -Initiated Annexation Service Agreement CITY SECRETARY 1 of 10 FT. WORTH, TX including water and wastewater services and excluding gas or electrical service. 3. MUNICIPAL SERVICES. a. Commencing on the Effective Date, the City will provide the municipal services set forth below. As used in this Agreement, "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, rules, regulations, and policies. i. Fire — The City's Fire Department will provide emergency and fire protection services comparable with the provision of services available in other parts of the municipality with topography, land use and population density similar to the level of service contemplated or projected in the area. ii. Police — The City's Police Department will provide protection and law enforcement services. iii. Emereencv Medical Services - The City's Fire Department and MedStar (or other entity engaged by the City after the Effective Date) will provide emergency medical services. iv. Planning and Zoning= — The City's Development Services Department will provide comprehensive planning, land development, land use, and building review and inspection services in accordance with all applicable laws, rules, and regulations. v. Parks and Recreational Facilities. Residents of the Property will be permitted to utilize all existing publicly -owned parks and recreational facilities and all such facilities acquired or constructed after the Effective Date (including community service facilities, libraries, swimming pools, etc.), throughout the City. Any private parks, facilities, and buildings will be unaffected by the annexation; provided, however, that the City will provide for maintenance and operation of the same upon acceptance of legal title thereto by the City and appropriations therefor. In the event the City acquires any other parks, facilities, or buildings necessary for City services within the Property, the appropriate City department will provide maintenance and operations of the same. vi. Other Publicly Owned Buildings. Residents of the Property will be permitted to use all other publicly owned buildings and facilities where the public is granted access. vii. Stormwater Utility Services — The Property will be included in the City's Stormwater Utility service area and 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. viii. Roads and Streets (including Street lighting) - The City's Transportation and Public Works Department will maintain the public streets and streetlights over which the City has jurisdiction. The City will provide regulatory signage services in accordance with the City policies and procedures and applicable laws. ix. Water and Wastewater to Existing Structures. Occupied structures that are using water -well and on -site sewer facilities on the Effective Date may continue Owner -Initiated Annexation Service Agreement 2 of 10 to use the same. If a property owner desires to connect an existing structure to the City water and sewer system, then the owner may request a connection and receive up to 200 linear feet of water and sewer extension at the City's cost for each occupied lot or tract in accordance with the City's "Policy for the Installation of Community Facilities" and applicable law. Once connected to the City's water and sanitary sewer mains, the water and sanitary sewage service will be provided by the City at rates established by City ordinances for such service. x. Solid Waste Services — The City will provide solid waste collection services in accordance with existing City ordinances and policies, except where prohibited by law. xi. Code Compliance — The City's Code Department will provide education, enforcement, and abatement relating to code violations within the Property. xii. Full Municinal Services — Commencing on the Effective Date, the City will provide to the Property all services provided by the City within its full -purpose boundaries and not otherwise listed above, except as provided in Section 3(b). b. The City will provide water service and wastewater treatment service to developments established after the Effective Date in accordance with, and on the schedule determined by, the City's extension policies and applicable law and at rates established by City ordinances for such services. c. It is understood and agreed that the City is not required to provide a service that is not included in this Agreement. d. Owner understands and acknowledges that the City departments listed above may change names or be re -organized by the City Manager. Any reference to a specific department also includes any subsequent City department that will provide the same or similar services. 4. SERVICE LEVEL. The City will provide the Property with a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected for the Property. 5. AUTHORITY. City and Owner represent that they have full power, authority and legal right to execute, deliver and perform their obligations pursuant to this Agreement. Owner acknowledges that approval of the Annexation Case is within the sole jurisdiction of the City Council. Nothing in this Agreement guarantees favorable decisions by the City Council. 6. SEVERABILITY. If any part, term, or provision of this Agreement is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability will not affect the validity of any other part, term or provision, and the rights of the parties will be construed as if the part, term, or provision was never part of the Agreement. 7. INTERPRETATION. The parties to this Agreement covenant and agree that in any litigation relating to this Agreement, the terms and conditions of the Agreement will be interpreted according to the laws of the State of Texas. The parties acknowledge that they are of equal Owner -Initiated Annexation Service Agreement 3 of 10 bargaining power and that each of them was represented by legal counsel in the negotiation and drafting of this Agreement. 8. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division and construed in conformity with the provisions of Texas Local Government Code Chapter 43. 9. NO WAIVER. The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. 10. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 11. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 12. CAPTIONS. The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. 13. AGREEMENT BINDS AND BENEFITS SUCCESSORS AND RUNS WITH THE LAND. This Agreement is binding on and inures to the benefit of the parties, their successors, and assigns. The term of this Agreement constitutes covenants running with the land comprising the Property, is binding on the Owner and the City, and is enforceable by any current or future owner of any portion of the Property. 14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and supersedes all prior oral and written agreements between said parties. This Agreement shall not be amended unless executed in writing by both parties. Executed as of the day and year first above written to be effective on the effective date of annexation of the Property. Owner -Initiated Annexation Service Agreement 4 of 10 CITY OF FORT WORTH Name: Dana Bur2hdoff Title: Assistant City Manater Approved as to Form and Legality: Name: _Melinda Ramos Deputy City Attorney 44ovoOn Attest: a FORtq�dC oF0000 PVo oSd %gza PPP * 000 00 0 *� adz nExA'< City Secretary Approvals: M&C: 24-0231 Ordinance No. 26801-03-2024 Stmt Cawt�beGG o. sm.,rto. CE jar.,, con Contract Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Owner -Initiated Annexation Service Agreement 5 of 10 State of Texas § County of Tarrant § This instrument was acknowledged before me on the 28th day of March , 2024, by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas p0.YP�en BROOKE BONNELL = Notary Public +®+ STATE OF TEXAS v c Notary I.D. 134009525 My Comm. Exp. Oct. 11, 2026 Owner -Initiated Annexation Service Agreement 6 of 10 AIL INVESTMENT, L.P., a Texas limited partnership By: AIL GP, LLC, a Texas limited liability company, its general partner By: Name: F .tc LL-ILoD Title: 5 VP STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on ``� ,� , 20Z by cf ri c_ fJvod , ; S✓rte of AIL GP, LLC, a Texas lin ited liability company, on behalf of said limited liability company, in its capacity as general partner of AIL Investment, L.P., a Texas limited partnership, on behalf of said limited partnership. DREA REYES Notary Public, State of Texas Comm. Expires 11-04-2025 Notary ID 128095220 Nota Public, State of Te a Owner -Initiated Annexation Service Agreement 7 of 10 After Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Owner -Initiated Annexation Service Agreement 8 of 10 p. 0 200 400 GRAPHIC SCALE iN FEET Integral ports of this document" 1. Description 2. Exhibit TD p lM iiio InsIRP jDDT. Basis of 8eoring s the Texas Coordinate System North Central Zone 42O2, NAD 83 This document was prepared under 22 TAC 138.33e, does not reflect the results of an on the ground survey, and is no to be used to convey or establish Interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. tr'Veslmenl.LP NL Ve o P9�4r51 ,��OO 4 Vd•FPRD-Cr. 1�lI� *O til N68° 38'13"E City or For'. worth 725.30' $89° 51'22"E 568.9.2' City of Fort Worth ETJ --��'- Apprax. Satvey Lfae-- CoCo Cfy� �y �p W U, U, O 0 O z AIL Investment, L.P. Inst.' 2023-68836 R.P.R.0.C.T. 18.490 Acres -------L S89°43'12"W 588-96' ,I' GIs OF"'` Doi 20P77 } !g y't��a 6 T q� A ln5t RPPD�.i . I o iBPEt,S LS FIRM REG. NO. 10177700 City of Fort Worth ETJ S89° 40'36"W bty or Fort Worth mac, Lt.C I I I I t° I� N to It' w `o "UI,pS2h •L o I O N I 705.06' Point of Be inrun I I E ff5 CC 11704C i?i i fnst. I z z 1 RP RDCT• o6 -R i N Exhibit of 0 3 18,490 Acres of Land #n w k Situated in the Thomas S. Reyburn Survey, Abstract Number 1130, -' g� and the Rufus King Survey, Abstract Number 723, City of Fort Worth ETJ, Denton County, Texas. Ccpyrighl( ' 2023 Peloton Land Sai,.:ions. Inc.. a Westwood Company '�' O 0 a O EXHIBIT A Continued Description of 18.490 Acres of Land BEING a tract of land situated in the Thomas S. Reyburn Survey. Abstract Nuunber 1130 and the Rufnls King Survey. Abstract Number 723. City of Fort Worth. Denton County. Texas. being all of that tract of land described by deeds to AII. Investment. L.P,. recorded in Instr nnent Number 2023-68836. Real Property Records. Denton County. Texas and being more particularly described by metes and bounds as follows: BEGINNING at the southeast comer of said All. Investment tract. being the northeast coiner of that tract of land described by deed to BS CONCEPTS. LLC.. recorded in Instrument Number 2015-117040. Real Property Records. Denton County. Texas. and being in the west right-of-way line of Elizabethtown Cemetery Road (a paved traveled roadway. no record found): THENCE S 89°4036'W. 705.06 feet. departing said west right-of-way line, with the south line of said AIL Investment tract to the northwest comer of said BS Concepts tract. being the northeast corner of that tract of land described by deed to Day Group Inc.. recorded in Instrument Number 2021-126577. Real Property Records. Denton County: THENCE S 89°43' 12" W. 588.96 feet, with said south line and the north line of said Day Group tract. to the southwest corner of said AIL Investment tract. being the southeast corner of that trace of land described by deed to TDA Investors. LLC. recorded in Instrument Number 2022-110711. said Real Property Records: THENCE N 00°04'55"E. 613.63 feet. with the west line of said AlL Investment tract and the east line of said TDA Investors tract. to the northwest comer of said AIL Investment tract. being the northeast corner of said TDA Investors tract. and being in the south line of the remainder of that tract of land described by deed to AIL Investment. L.P,. recorded in Volume 4246. Page 457. said County Records: THENCE N 88°38' 13E. 725.30 feet. with the north line of said All. Investment tract and the south line of said remainder tract: THENCE S 89°51'22"E. 568.92 feet. with said common line to the northeast comer of said AIL Investment tract. being the southeast comer of said remainder tract and being in the aforementioned west right-of-way line of Elizabethtown Cemetery Road: THENCE S 00°0455"W. 622.60 feel with the east line of said AIL Investment tract and said west right-of-way line to the Point of Beginning and containing 505.418 square feet or 18.490 acres of land more or less. 'Integral parts of this document' 1. Description 2. Exhibit PetatoaJob No. }1 A23026 Tracking No. ACF*8559 ACN Nowmber 29.2023 G:'JOBHf�A23026 AC�l VdWrACRE_E!*7niE)lflDgTS3 DESIGN'.32 � t 5:323 ZONINGkNN7EX�ANiQEXATIONLEGA LHR*A13026 EXI.DOO Page 1 of l Owner -Initiated Annexation Service Agreement 10 of 10 City of Fort Worth, Texas Mayor and Council Communication DATE: 03/26/24 M&C FILE NUMBER: M&C 24-0231 LOG NAME: 06AX-23-010 WHITACRE TRACT - OWNER INITIATATED SUBJECT (Future CD 10) Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed Owner -Initiated Annexation of Approximately 18.49 Acres of Land in Denton County, Known as the Whitacre Tract, Located North of Old Denton Road and West of Elizabethtown Cemetery Road, in the Far North Planning Sector, AX -23-010 (PUBLIC HEARING - a. Report of City Staff: Stuart Campbell; 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 annexation of approximately 18.49 acres of land in Denton County, known as the Whitacre Tract, located north of Old Denton Road and west of Elizabethtown Cemetery Road, as shown on Exhibit A; 2. Authorize execution of municipal services agreement between the City of Fort Worth and property owners, AIL Investment, LP; and 3. Adopt ordinance annexing the property described in AX -23-010 for full purposes D I I1 1[e]F On November 15, 2023, representatives for the property owners AIL Investment, LP, submitted a request for full -purpose annexation of the property shown on Exhibit A into the City of Fort Worth (City). The subject property is located entirely in that portion of the City's extraterritorial jurisdiction which is in Denton County. The site is located north of Old Denton Road and west of Elizabethtown Cemetery Road. The owner -initiated annexation, which is approximately 18.49 acres, is part of an enclave. Annexation of this site is consistent with the urban development annexation criteria as established by the City's Annexation Policy of being development that will require water, sewerage and other municipal services to promote public health, safety and welfare. The subject area is currently agricultural and vacant land. The property owner proposes the site for industrial development. The proposed land use is inconsistent with the future land use map of the 2023 Comprehensive Plan. Per Subdivision Ordinance, Section 31-2(b)(1), the City Plan Commission is required to study and make a recommendation on proposals for voluntary annexations that are inconsistent with the Comprehensive Plan. On January 24, 2024, the City Plan Commission voted unanimously to recommend approval of the inconsistent land uses proposed in annexation case AX -23-010. The 2023 Comprehensive Plan identifies the future land use for this site as Light Industrial. The City Plan Commission recommends a change the future land use map for this site, from "Light Industrial" to "Industrial Growth Center". The proposed development is compatible with current surrounding land uses, but not consistent with the future land use. The related zoning case (ZC-23-189) was heard by the Zoning Commission on February 14, 2024. The Commission voted to recommend approval of the requested zoning district of "K" Heavy Industrial. This related zoning case is on this March 26, 2024 City Council agenda for consideration. The site is currently in the City's Certificate of Convenience and Necessity (CCN). Furthermore, this site is also located within one of the City's 20 - year Planned Service Areas. Subchapter C-3 of Chapter 43 of the Texas Local Government Code (LGC) provides for the process of annexation of an area upon a request of an owner of land. Section 43.0672 of the LGC requires a municipality that elects to annex an area upon the request of an owner first negotiate and enter into a written agreement with the owners of land in the area for the provision of municipal services. The agreement must include: 1. A list of each service the municipality will provide on the effective date of the annexation; and 2. A schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the annexation. The municipal services agreement includes these provisions in accordance with state law. Emergency services will be provided through the City of Fort Worth. The City's Fire Department will provide emergency and fire protection services comparable with the provision of services available in other parts of the municipality with topography, land use and population density similar to be the level of service contemplated or projected in the area. Emergency medical services will be provided by City's Fire Department and MedStar or other entity engaged by the City. The City's Police Department will provide protection and law enforcement services. The proposed uses were considered while assessing the financial impact to the General Fund. A fiscal impact analysis was prepared by the Fort Worth Lab with the assistance of other City Departments. City tax revenue is expected to have a positive fiscal impact over the next ten years after the proposed development has been built. Based on the operating costs projected from the Police, Code Compliance and Transportation and Public Works Departments, the fiscal impact shows a slightly negative effect to the General Fund for the first year, but will have a positive impact thereafter. Therefore, due to the ability of the area to meet the City's criteria for full -purpose annexation staff recommends approval of the requested owner -initiated annexation, AX -23-010. The City Council will conduct a public hearing on the proposed annexation. The public hearing is an opportunity for persons interested in the annexation to be heard. Once the City Council has conducted the required public hearing, Council may close the hearing and vote on annexing AX - 23 -010 for full purposes. If annexed, this property will become part of COUNCIL DISTRICT 10. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that based upon approval of the above recommendations and adoption of the attached ordinance, the annexation will have a long-term positive impact to the General Fund. Submitted for City Manaaer's Office by: Dana Burghdoff 8018 Oriainatina Business Unit Head: D.J. Harrell 8032 Additional Information Contact: +r '� Annexation — Welcome to the 1" X t, g City of Fort Worth - File #: M& X + — 0 7C F ? C3 Q '_4 https:J/fortworthgov.legistar.com/Legisl... ' a 0 0 .. CFWnet.org I City of... a Home —Welcome t... 0 City of Fort Worth B... 0 Leg in to Virgin Pulse >> Home Legislation Calendar City Council Departments III]. © 0 Sharel lD RSS Alerts Details Reports File #: M&C 24-0231 Version: 1 Name: Type: Land - Report of CM Status: Passed File created: 3/20/2024 In control: CITY COUNCIL On agenda: 3/26/2024 Final action: 3/26/2024 (Future CD 10) Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed Owner -Initiated Annexation of Approximately Title: 18.49 Acres of Land in Denton County, Known as the Whitacre Tract, Located North of Old Denton Road and West of Elizabethtown Cemetery Road, in the Far North Planning Sector; AX -23- D10 (PUBLIC HEARING - a, Report of City Staff: Stuart Campbell; b. Public Comment; c. Council Action: Close Public Hearing and Act on M&C) At--achments: 1. M&C 24-0231, 2. Whitacre Tract FIA 2.23.24,ndf. 3. Exhibit A - AX-23-01D.ndf, 4. Ordinance (AX-23-010imr rev.pdf History(1) Test 1 record Group Export Date . Ver. Action By Action Result Action Details Meeting Details Video 3/2612024 1 CITY COUNCIL Approved Action details Meeting details ,V Video O City of Fort Worth - Action Details File #: Type:: Ti`.!e: Mover: Result: Agenda note: Minutes note: Action: Action text: MC 240231 Version: 1 Land - Report of CM (Future CD 10) Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed Owner -Initiated Annexation of Approximately 18,49 Acres of Land in Denton County, Known as the Whitacre Tract,, Located North of Did Denton Road and West of Elizabethtown Cemetery Road, in the Far North Planning Sector, AX -23-010 (PUBLIC HEARING - a. Report of City Staff: Stuart Campbell; b. Public Comment; c. Council Action: Close Public Hearing and Act on M&C) Seconder: Mayor Parker opened the public hearing. a. Report of City Staff Stuart Campbell, Development Services Department, appeared before Council and provided a staff report - b. Public Comment There were no public comments - c. Council Action Approved Council Member Blaylock made a motion, seconded by Council Member Williams, that the public hearing be closed, M&C 24-0231 be approved. Motion passed 11-0. AX -23-010 Approximately 18.49 Acres Adjacent to Council District 10 FORT WORTH 0 400 800 Feet I I Master Thoroughfare Plan Land Use -- Commercial Connector O Adjacent Cities Fort Worth Full Purpose HiJ Limited Purpose Extraterritorial Jurisdiction ■ Subject Area 1:6,000 Exhibit A Planning & Development Department 11/15/2023 COPYRIGHT 2323 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A VIOLATPON OF APPLICABLE LAWS THIS DATA IS TO BE USED FOR A GRAPHICAL REPRESENTATION ONLY THE ACCURACY IS NOT TO BE TAKEN I USED AS DATA PRODUCED FOR ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL LAND SURVEYOR. THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF SAID DATA. February 26, 2024 Owner -Initiated Annexation Request Case # AX -23-010 Whitacre Tract Approximately 18.49 Acres Staff Report on Fiscal Sustainability Impact Prepared for City Council by The FWLab D Whitacre Tract AX -23-09 0 DtyLmit I it Whitacre Tract .... Masier Thoroughfare Plan 1 February 26, 2024 TABLE OF CONTENTS RECOMMENDATION HIGHLIGHTS (COMPLETED BY FWLAB)................................................................................3 EXISTING CONDITIONS.....................................................................................................................................5 COMPREHENSIVE PLAN CONSISTENCY...............................................................................................................6 WATERDEPARTMENT...................................................................................................................................... 8 TRANSPORTATION AND PUBLIC WORKS - STORMWATER....................................................................................9 TRANSPORTATION AND PUBLIC WORKS - ROADS AND STREETS.........................................................................10 POLICEDEPARTMENT.....................................................................................................................................11 FIREDEPARTMENT.........................................................................................................................................12 EMERGENCY MEDICAL SERVICES.....................................................................................................................14 PUBLIC SAFETY RADIO COMMUNICATIONS......................................................................................................15 CODE COMPLIANCE — CODE ENFORCEMENT...................................................................................................16 CODE COMPLIANCE — ANIMAL CONTROL (ACC).............................................................................................17 ENVIRONMENTAL SERVICES DEPARTMENT - SOLID WASTE SERVICES.................................................................18 ENVIRONMENTAL SERVICES DEPARTMENT - ENVIRONMENTAL QUALITY............................................................19 PARKAND RECREATION.................................................................................................................................. 20 LIBRARY........................................................................................................................................................ 21 DEVELOPMENT SERVICES — GAS WELLS.........................................................................................................21 SUMMARY AND OVERALL RECOMMENDATION (COMPLETED BY THE FW LAB).............................................22 Expenditures.......................................................................................................................................... 22 Revenues................................................................................................................................................ 22 Applicable Comprehensive Plan Land Use Policies...........................................................................22 LandUse Recommendation.................................................................................................................23 OverallRecommendation..................................................................................................................... 23 2 February 26, 2024 RECOMMENDATION HIGHLIGHTS Expenditures: The Transportation and Public Works Department has estimated costs for service and infrastructure, which are expected to increase with additional development and aging infrastructure. Collaborative efforts with other departments aim to improve future cost estimates, particularly with the help of FWLab. Costs to the City include maintenance, construction, and reconstruction of public streets, parkland operation costs, stormwater maintenance, emergency services, environmental quality, animal control, and water department extensions. Estimate Year Total Revenue Total Expenditures Cumulative Total Net Year 5 $524,551.86 $70,235.90 $310,786.78 Year 10 $1,048,201.01 $147,198.58 $829,652.13 Year15 $1,571,850.16 $235,903.13 $1,348,517.48 Year 20 $2,095,499.31 $230,091.71 $1,867,382.83 Year40 $4,190,095.91 $813,693.45 $3,942,844.23 Expenditures: Anticipated future City expenditures include maintenance and reconstruction of public streets, parkland operational costs, stormwater management, emergency services, environmental quality, and animal control operations. Note that Water Department revenues and City cost participation for Water Department extensions are not factored into these calculations. The costs are expected to increase with development and infrastructure aging, impacting annual revenue requirements to maintain infrastructure and provide City services. Revenues: After completing the proposed development project, the City anticipates an estimated annual property tax revenue of $104,729, reaching a cumulative total of $3,942,844 within forty years, assuming no changes in value or tax rates. Applicable Comprehensive Plan Land Use Policies: Several Comprehensive Plan policies guide the proposed annexation, emphasizing industrial development in specific growth areas, locating large industrial uses strategically, and protecting significant industrial districts. Land Use Recommendation: The proposed Industrial Growth Center land use is relatively consistent with the adopted Light Industrial Future Land Use designation. However, to improve consistency further, FWLab recommends amending the Future Land Use Map to designate the property as an Industrial Growth Center during the next Comprehensive Plan update. Overall Recommendation: 3 February 26, 2024 Anticipated positive impacts on the General Fund after construction support the staff recommendation to consider the Whitacre Tract for annexation. Staff further recommends adopting amendments to the Comprehensive Plan Future Land Use Map to align with the proposed use of the land that would be annexed. 4 February 26, 2024 EXISTING CONDITIONS Approximately 18.49 acres of land north of Old Denton Road and west of Elizabethtown Cemetery Road. Property Description is in Denton County and approximately a quarter of a mile from I-35 West. This site is an addition to the Alliance Town Center Development which is located north of this site and is designated as an Industrial Growth Center. Request Type Full Purpose Annexation Development Agreement No. Council District 10 Existing Land Use Residential Acreage and Vacant. Comprehensive Plan Future Land Use Light Industrial. Floodplain No. Current & Proposed Zoning Current -- Agricultural Proposed -- Heavy Industrial (K) Included in Planned Service Area Yes — Far North East Enclave Yes. Planning Sector Far North ROW No. Concept Plan No. Preliminary Plat No Final Plat No. Independent School District Northwest ISD. 5 February 26, 2024 COMPREHENSIVE PLAN CONSISTENCY The adopted 2023 Comprehensive Plan designates the proposed annexation area as Light Industrial on the City's Future Land Use Map. The annexation application for the property proposes Industrial use as an addition to the Alliance Airport Industrial Growth Center immediately north of the site. The proposed (K) Heavy Industrial zoning and use within the annexation area is currently inconsistent with the adopted Future Land Use Map. While the annexation proposal retains the industrial land use type identified in the Comprehensive Plan, the proposal seeks to change the land use to be included in the Industrial Growth Center to the north of the site. Given the developing industrial uses in the immediate area, the proposed land use and designation is compatible with the surrounding uses, both existing and currently planned. Staff recommends amending the Future Land Use Map in the Comprehensive Plan to designate the property as an Industrial Growth Center where the corresponding industrial use is proposed. The Future Land Use Maps below show the currently adopted designations for the area, as well as staffs proposed changes to the Future Land Use Map to bring the map into alignment with the proposed land uses. 6 February 26, 2024 Adopted Future Land Use: Light Industrial Subject Property V F,. ..yww — Nri�rrs Proposed Future Land Use: ■ Industrial Growth Center EJ Subject Property 7 February 26, 2024 WATER DEPARTMENT As of February 20, 2024, there has been no pre -development conference or submission of a water -sewer review for the proposed annexation area. The comments provided are based on assumptions made by the Water Department staff, particularly in anticipation of an industrial land use development. The Water Department staff envisions the developer installing approximately 2,400 linear feet of public water infrastructure to cater to the site's needs. Additionally, it is expected that around 2,000 linear feet of public sewer infrastructure, to be constructed by the developer, will be required to serve both the proposed annexation area and adjacent properties. Notably, the developer must secure a new point discharge permit from the Trinity River Authority to facilitate the connection and extension of sewer lines from the existing IRA 27 -inch sewer collector line. The Water Department has formally requested the developer to promptly submit a water -sewer load application for thorough review at their earliest convenience. This step is crucial to ensuring compliance with regulatory requirements and facilitating the seamless integration of water and sewer services for the proposed development and surrounding properties. 1. How does this proposal align with your department's plans and policies? List policies from department's plan that this annexation proposal supports (Strategic Plan, Master Plan, Neighborhood Plan, etc.): Proposal aligns with the City Comprehensive Plan. The proposed annexation aligns with the Water Department Water and Sewer Master Plans regarding land use. 2. How will this proposal affect your key performance indicators? This annexation is not expected to significantly impact KPIs for the maintenance of water and sewer assets. The cumulative impacts of all annexations on maintenance -related KPIs over time will be more significant. Utility management does not anticipate a need for additional water/sewer capital improvements in this annexation area for the foreseeable future. 3. Department Recommendation: Water Department supports annexation request. Estimated Cumulative Expenditures and Revenues 5 Years 10 Years 15 Years 20 Years J40 Years Operations I $36,875 $79,623 $135,923 $193,373 $530,446 Capital - - - - - Personnel - - - - - Maintenance - - - 3 - Departmental Review Comments — Expenditures: There are no anticipated water -sewer capital improvement expenditures in relation to this proposed annexation. 5 Years 10 Years 15 Years 20 Years 40 Years Revenue $214,653 $440,255 $677,365 $926,570 $2,057,162 Departmental Review Comments — Revenues: Revenues based on 400,000 square foot industrial building with one 2 -inch retail meter and one 1 -inch irrigation meter February 26, 2024 TRANSPORTATION AND PUBLIC WORKS - STORMWATER Given the provided information, it is anticipated that the proposed development will result in an augmentation of storm infrastructure assets. The estimate suggests the installation of 12 new storm inlets and approximately 4,743 linear feet of storm sewer pipes as integral components of this light industrial development. Consequently, the Stormwater Division foresees a rise in maintenance costs based on the most reliable information currently accessible. It's important to note that future expenses are contingent upon the actual development of the area, subject to the permits granted by the City's Development Department. The accuracy of projections relies heavily on the specific details and scale of the development as it progresses within the parameters set by the City authorities. Continuous collaboration and communication with the Development Department will be crucial in refining and updating these estimates as the project advances. 1. How does this proposal align with your department's plans and policies? The annexation will increase future maintenance costs and staff time required for the estimated storm system infrastructure associated with this development. Additional staff may be required to maintain existing service levels when the cumulative impacts of all annexations are considered. 2. How will this proposal affect your key performance indicators? Following the development, this particular annexation is not expected to significantly impact KPIs for the estimated increase in the storm system infrastructure assets. The cumulative impacts of all annexations on maintenance -related KPls may be more significant. Stormwater management does not anticipate a need for stormwater capital improvements in this annexation area for the foreseeable future. Therefore, no impact to our capital delivery key performance indicators is expected at this time. 3. Recommendation: Stormwater supports this annexation since the revenue is expected to be higher than the anticipated combined capital expenses and maintenance expenses, assuming that the new development will be built per the City's and FEMA's drainage regulations and standards. Estimated Cumulative Expenditures and Revenues IimrHI LWlii1fli i i Infrastructure 5 Years 10 Years 15 Years 20 Years 40 Years Operation & Maintenance 12 Inlets and 4,743 Linear Feet of Pipe $6,383.65 $13,599.95 $21,648.90 $ 30,530.50 II $43,103.48 Departmental Review Comments — Revenue: 9 February 26, 2024 TRANSPORTATION AND PUBLIC WORKS - ROADS AND STREETS Old Denton Road appears to be prescriptive and built to county standards. There are no proposed public roads in this annexation. Below are Transportation and Public Work's estimated maintenance costs per lane mile for a 40 -year period: Net Present Value $3,3260C Average Annual Expenditures (per 40 years) $83,150 Net Present Value $8,006,000 Average Annual Expenditures. (per 40 years) $200,150. 4% annual inflation assumed, Net Present Value discount rate not considered, 1. How does this proposal align with your department's plans and policies? List policies from department's plan that this annexation proposal supports (Strategic Plan, Master Plan, Neighborhood Plan, etc.): Old Denton road is not part of the Master Thoroughfare Plan and maintenance will require a joint effort between the county and the city based upon ownership. 2. How will this proposal affect your key performance indicators? not provided. 3. Department Recommendation: Supportive. 10 February 26, 2024 POLICE DEPARTMENT The Police Department has projected demand for service based on the best information currently available. Future expenses are highly dependent on the expected uses, density level, transportation infrastructure, and timing of development. Operational, Capital, and Personnel expenses are unknown at this time and are dependent on if a new patrol division, additional personnel (patrol officers, neighborhood police officers, communications staff, etc.), or a new facility is necessary. Once the property is fully developed, call load is estimated to be approximately 1-2 calls a year. The average cost per call is $710 per officer. Based on the assumption that at least two officers will respond to a call, $1,420 per call is used to calculate the cost of service. The average annual cost of service for this development is estimated to be $1,420 - $2,840 for light industrial. Estimated expenditures assume that there are 2 calls per year and two officers responding to each call. An inflation rate of 3% was used to calculate the expenditures. Expenditures are rounded to the nearest whole dollar. 1. How does this proposal align with your department's plans and policies? List policies from department's plan that this annexation proposal supports (Strategic Plan, Master Plan, Neighborhood Plan, etc.): Additional calls for service will increase operational needs for the Police Department. As the land is developed, the Police Department will continue to evaluate call loads to determine whether a new patrol division, additional personnel (patrol officers, neighborhood police officers, communications staff, etc.), or a new facility is necessary. 2. How will this proposal affect your key performance indicators? Once the property is fully developed, Priority 1, 2, and 3 response times could increase for North Division, Police Beat F12, Police Reporting Area O320 depending on the expected uses, density level, transportation infrastructure, and timing of development. 3. Department Recommendation: Support Annexation Estimated Cumulative Expenditures and Revenues Costs per call 5 Years Non -Residential $15,077.95 (light industrial) 10 Years $32,557.42 15 Years $52,820.92 20 Years 40 Years $76,311.86 $214,139.58 5 Years 10 Years 15 Years 20 Years 40 Years Revenue: - - - - - Revenue is not expected. 11 February 26, 2024 FIRE DEPARTMENT The following table outlines the estimated response times for fire stations based on their designated locations. Prompt and efficient responses are crucial in emergency situations, and the times listed below represent the estimated durations it takes for each fire station to reach the boundary of the proposed annexation area. These response times are essential factors in ensuring the timely deployment of resources for effective emergency management. These estimated response times were calculated using GIS software; traffic congestion, road conditions, time of day, and weather conditions have not been factored in. 2"d Due Company Fire Station 38 8.5 minutes 13280 Park Vista Blvd 3"d Due Company Fire Station 11 8.9 minutes 1900 Texan Dr 4th Due Company Fire Station 45 11.3 minutes 8747 Harmon Rd 1" Aerial Fire Station 35 5.5 minutes 2201 Flight Line Rd The responding fire stations' proximity to the Whitacre Tract boundary are shown in the below map. 77]. lln tire: Y l 14JM .� M'4Y AMr rMw� Whitacre Tract A0 03 oa 12Mk- Responding Fire Stations 12 *,..uw .,,. �. February 26, 2024 Fire Department Response Time Comments: • Fire and EMS first responder services will be dispatched from existing Fire Station 35, located at 2201 Flight Line Road, to the proposed annexation. Current Fire Department response time goal is to arrive on the scene of emergencies within five minutes from the time of dispatch at 75% of the time. Based on the existing fire stations located close to this proposed annexation area, the Fire Department will not be able to meet this response time goal. Fire Department Incidents Comments: • 2022 produced 131 incidents for the area within one half mile of the proposed annexation (not including the area of the proposed annexation itself). Based on a comparison of the area of the buffer to the area of the annexation, the estimated annual count of incidents in the annexation is 40. • The estimated cost of an additional incident is $968. Multiplied by 40 incidents, the total additional annual cost of responding to the annexation is estimated to be $38,720. However, once the area becomes more fully developed or if zoning for the area changes, this number will need to be adjusted. • 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. 13 February 26, 2024 EMERGENCY MEDICAL SERVICES The proposed annexation of an area can have significant implications for Emergency Medical Services (EMS). Adequate planning and communication are crucial to address potential challenges and maintain the effectiveness of EMS operations during and after the annexation process. 1. How does this proposal align with your department's plans and policies? List policies from department's plan that this annexation proposal supports (Strategic Plan, Master Plan, Neighborhood Plan, etc.): MedStar's goal is to meet or exceed the needs of Fort Worth growth through annexation. These costs and potential revenues are based on the current Citywide expenses per capita, multiplied by the population projected when the annexation is fully developed and populated. 2. How will this proposal affect your key performance indicators? It is anticipated that costs for providing services to this area, at the 2023 service level, will exceed revenues generated from patient service fees by an estimated $233.23 per capita, and may require alternate funding sources to meet expenses related to the desired service level for this annexed area. 3. Department Recommendation: Proceed with Annexation if it meets the growth objectives of the City of Fort Worth, with the knowledge that EMS funding sources, beyond patient services fees, may be required to maintain desired service levels. Estimated Cumulative Expenditures and Revenues 5 Years 10 Years l 15 Years Operations $7,073 $15,560 $25,462 Capital $2,422 $5,328 ! $8,719 Personnel I_, $19,792 $43,542 $71,250 Maintenance $1,397 $3,072 _ ~ $5,028 Projections include a 10% expense escalator. 5 Years 10 Years 15 Years Revenue $29,517 1 $62,576 $96,520 Projections include a 3% revenue escalator. 14 20 Years 40 Years — $36,778 $79,214 $12,595 J $27,127 $102,917j $221,667 $7,262 L $15,641 20 Years ' 40 Years $132,235 $271,554 February 26, 2024 PUBLIC SAFETY RADIO COMMUNICATIONS Assessing the proposed population growth from the annexation on public safety radio communications will be important. The exponential increase in population size heightens demands on emergency services and law enforcement, necessitating a comprehensive evaluation of our current communication infrastructure. As the population expands, so does the potential for emergencies and public safety incidents, highlighting the critical importance of a robust and scalable radio communication system. To ensure the efficacy of public safety efforts, strategic investments and enhancements to the radio communication technology will be continuously reviewed. Radio coverage in the proposed area has 100% coverage with existing communication infrastructure and does not require significant improvement investment. 1. How does this proposal align with your department's plans and policies? List policies from department's plan that this annexation proposal supports (Strategic Plan, Master Plan, Neighborhood Plan, etc.): This proposal aligns with the Department's existing plans and policies. 2. How will this proposal affect your key performance indicators? The proposal will have no effect on the department's key performance indicators. 3. Department Recommendation: No action regarding public safety radio communications will be required to accommodate the proposed annexation. No expected expenditures or revenues. 15 February 26, 2024 CODE COMPLIANCE - CODE ENFORCEMENT 1. How does this proposal align with your department's plans and policies? List policies from department's plan that this annexation proposal supports (Strategic Plan, Master Plan, Neighborhood Plan, etc: We are part of the so clean program. Life cycles of neighborhoods are typically 20 years. We anticipate no demand to our KPIs due to the small size of the property. 2. How will this proposal affect your key performance indicators? No affect. 3. Department Recommendation: Support Annexation. Estimated Cumulative Expenditures and Revenues, Operations Capital Personnel Maintenance 5 Years $111 10 Years $234 $234 $371 $1,170 i $1,853 $523 $2,611 $1,442 $7,204 i e ' t 5 Years 10 Years 15 Years 20 Years 40 Years Revenue - - - - - No revenue is expected. 16 February 26, 2024 CODE COMPLIANCE — ANIMAL CONTROL (ACC) Once the property is fully developed, call load is estimated to be approximately 10-20 calls a year. The average cost per call is $100 per officer. The average annual cost of service for this development is estimated to be $2000. Estimated expenditures assume that there are 20 calls per year. 1. How does this proposal align with your department's plans and policies? List policies from department's plan that this annexation proposal supports (Strategic Plan, Master Plan, Neighborhood Plan, etc.): Animal Control responds to all animal related calls for service including wildlife concerns/informational requests. This annexation will increase calls for service regarding wildlife but it's estimated of a >1% increase of calls for service concerning wildlife and an estimated >1% for all other animal related calls for service. Additional calls for service will increase operational needs. As the land is developed, Animal Control will continue to evaluate call loads to determine whether additional personnel are needed. 2. How will this proposal affect your key performance indicators? May increase response times for the entire district due to location being further away from the majority of calls for service within the district, travel time, and proper investigation of all calls required. Once the property is fully developed, Priority 1, 2, and 3 response times could increase. 3. Department Recommendation: Support Annexation. Estimated Cumulative Expenditures and Revenues 5 Years : 10 Years 15 Years 20 Years Operations $11,095 $23,405 $37,063 $52,217 i l #� 5 Years 10 Years I 15 Years 20 Years Revenue - - - - No revenue is expected. 17 40 Years $144,069 40 Years February 26, 2024 ENVIRONMENTAL SERVICES DEPARTMENT - SOLID WASTE SERVICES As indicated in the documentation, this property is designated as light industrial/industrial. With no residential units in the proposed plans, our presumption is that any commercial establishments would utilize dumpsters and avail services through the open market. Consequently, there is no anticipated impact on Solid Waste. No expenditure or revenue expected. 18 February 26, 2024 ENVIRONMENTAL SERVICES DEPARTMENT - ENVIRONMENTAL QUALITY 1. How does this proposal align with your department's plans and policies? List policies from department's plan that this annexation proposal supports (Strategic Plan, Master Plan, Neighborhood Plan, etc: The proposed industrial and undeveloped land use is expected to have a moderate service need from our division. Grading and land disturbance will be subject to the grading permitting process and subsequent inspections. After development, the industrial nature of the proposed development will require regular stormwater inspections. However, current staffing is sufficient to complete these duties. Both inspection types are documented in Chapter 4 of the Environmental Master Plan. As the majority of the site will be developed, it is not expected to be significantly impacted by illegal dumping and other nuisances. 2. How will this proposal affect your key performance indicators? Once development begins, the number of routine investigations for the Water Quality team included in KPI CC.5.2 would increase. However, current staffing is sufficient to complete these during authorized timelines. Therefore, this proposal is not expected to negatively impact this key performance indicator. 3. Department Recommendation: Support annexation Estimated Cumulative Expenditures and Revenues 5 Years 10 Years 15 Years f 20 Years 40 Years Operations _.. $212.65 $485.41 $835.51 $1,251.32 $3,855.70 Capital Personnel$718.39 $15.19 J $34.67 $1,631.40 ! $59.68 $2,793.07 I $89.38 $4,172.78 $275.41 $12,814.49 Maintenance I $75.94 $173.36 i $298.40 I $446.90 _ $1,377.03 19 February 26, 2024 PARK AND RECREATION 1. How does this proposal align with your department's plans and policies? List policies from department's plan that this annexation proposal supports (Strategic Plan, Master Plan, Neighborhood Plan, etc.): For PARD Park Operations Contract Mow, it would meet the So Safe, So Clean, So Green goals by increasing coverage area. 2. How will this proposal affect your key performance indicators? For PARD Park Operations Contract Mow, it will increase contract obligations, increase distance and area of responsibility. Contract Mow handles roadside mowing and litter pick-up. 3. Department Recommendation: Support Annexation Estimated Cumulative Expenditures and Revenues 5 Years 10 Years 15 Years 20 Years 40 Years Maintenance $5,196.13 $6,171.37 $7,329.65 $8,705.33 $40,321.76 (Contract Mow) PARD Forestry: No impact. ROW is already CoFW property. PARD PRM-Planning: The current PARD Neighborhood and Community Park Dedication Policy will apply -park land or fee -in -lieu will be required. PARD Park Operations Contract Mow: $4,375.00 Current conditions would result in 0.25 mi one-way (west side) roadside maintenance on Old Denton Road. Assuming a road to the north along fenceline would add 0.25 mile one-way in the future. _ 0.50 mile of roadside maintenance. (0.25 mile O/W on Old Denton Road, assuming 0.25 mi on future road on north boundary along fenceline= 0.5 mile O/W = $95 for 1st 0.1/mi, then $20 each additional 0.1; 14 day mow cycle $175*25 cycles$4,375) 5 Years 10 Years 15 Years 20 Years 40 Years Revenue No revenue expected. 20 February 26, 2024 LIBRARY The annexation will have no impact on the Library Department. DEVELOPMENT SERVICES - GAS WELLS The annexation will have no impact on Gas Wells. There are no gas well pad sites within the proposed annexation property. 21 February 26, 2024 SUMMARY AND OVERALL RECOMMENDATION (COMPLETED BY THE FW LAB) Expenditures, Revenues, and Cumulative Total Summary The Transportation and Public Works Department has calculated estimates for the cost per lane mile of both construction and maintenance expenses. Collaborative efforts with other departments, facilitated by the FWLab, are underway to enhance the precision of future cost estimates. This collaborative initiative is anticipated to bring greater clarity to the Balance and Cumulative Total figures in forthcoming fiscal impact analyses. Estimate Year Total Revenue Total Expenditures Cumulative Total Net Year;5 $524,551.86 $70,235.90 $310,786.78 Year '10.'-, $1,048,201.01 $147,198.58 $829,652.13 Year15 `. , . $1,571,850.16 $235,903.13 $1,348,517.48 Year; 20 ::. - u: $2,095,499.31 $230,091.71 $1,867,382.83 Year 40 .�°�� $4,190,095.91 $813,693.45 $3,942,844.23 Expenditures • Service and infrastructure costs will increase over time as additional development occurs and as infrastructure ages and needs maintenance and eventual replacement. Depending on the development's tax generation over time, the annual revenue needed to maintain infrastructure and services to the development may be strained to cover costs associated with the development. Future costs to the City include: o Maintenance, construction, and eventual reconstruction of public streets within the development o Mowing, forestry, and operational costs for parkland a Stormwater operation and maintenance o Police, Fire, and EMS services o Environmental quality operational costs and code compliance operations o Animal control operations o Water Department will extend service through cost participation as needed. Revenues • Following completion of the proposed development project, total City property tax revenue is estimated to be $104,729 per year with a cumulative total of $3,942,844 within forty years (assuming no change in value or tax rate). Applicable Comprehensive Plan Land Use Policies The following Comprehensive Plan policies are relevant to the proposed annexation: 1. Promote industrial development within the Meacham, Alliance, and Alliance Gateway East Industrial Growth Centers. 2. Locate large industrial uses along freight rail lines, highways, or airports within Industrial Growth Centers and other appropriate locations. 3. Ensure protection for other significant industrial districts with concentrations of manufacturing, transportation, and warehousing businesses that generate heavy truck traffic. February 26, 2024 Land Use Recommendation The proposed Industrial land use is relatively consistent with the adopted Light Industrial Future Land Use designation. However, the proposed Industrial Growth Center designation is more appropriate as an expansion of the Alliance Airport Industrial Growth Center given its adjacency and similar pattern of land uses. If the City Council approves this proposed annexation, FWLab staff recommends amending the Future Land Use Map to designate the property as Industrial Growth Center. If the property is annexed, FWLab will propose these map amendments during the next Comprehensive Plan update. Overall Recommendation Annual impacts on the General Fund are expected to be positive following construction, based on the information provided by departments and the developer. Due to the ability of the area to meet the City's criteria for full -purpose annexation, staff recommends that the Whitacre Tract be considered for annexation at this time. Further, staff recommends that the above amendments be adopted to the Comprehensive Plan Future Land Use Map. 23 City of Fort Worth, Texas Mayor and Council Communication DATE: 03/26/24 M&C FILE NUMBER: M&C 24-0231 LOG NAME: 06AX-23-010 WHITACRE TRACT — OWNER INITIATATED SUBJECT (Future CD 10) Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed Owner -Initiated Annexation of Approximately 18.49 Acres of Land in Denton County, Known as the Whitacre Tract, Located North of Old Denton Road and West of Elizabethtown Cemetery Road, in the Far North Planning Sector, AX -23-010 (PUBLIC HEARING - a. Report of City Staff: Stuart Campbell; b. Public Comment; c. Council Action: Close Public Hearing and Act an M&C) RECOMMENDATION: It is recommended that the City Council: 1. Conduct public hearing for the proposed owner -initiated annexation of approximately 18.49 acres of land in Denton County, known as the Whitacre Tract, located north of Old Denton Road and west of Elizabethtown Cemetery Road, as shown on Exhibit A; 2. Authorize execution of municipal services agreement between the City of Fort Worth and property owners, AIL Investment, LP; and 3. Adopt ordinance annexing the property described in AX -23-010 for full purposes DISCUSSION: On November 15, 2023, representatives for the property owners AIL Investment, LP, submitted a request for full -purpose annexation of the property shown on Exhibit A into the City of Fort Worth (City). The subject property is located entirely in that portion of the City's extraterritorial jurisdiction which is in Denton County. The site is located north of Old Denton Road and west of Elizabethtown Cemetery Road. The owner -initiated annexation, which is approximately 18.49 acres, is part of an enclave. Annexation of this site is consistent with the urban development annexation criteria as established by the City's Annexation Policy of being development that will require water, sewerage and other municipal services to promote public health, safety and welfare. The subject area is currently agricultural and vacant land. The property owner proposes the site for industrial development. The proposed land use is inconsistent with the future land use map of the 2023 Comprehensive Plan. Per Subdivision Ordinance, Section 31-2(b)(1), the City Plan Commission is required to study and make a recommendation on proposals for voluntary annexations that are inconsistent with the Comprehensive Plan. On January 24, 2024, the City Plan Commission voted unanimously to recommend approval of the inconsistent land uses proposed in annexation case AX -23-010. The 2023 Comprehensive Plan identifies the future land use for this site as Light Industrial. The City Plan Commission recommends a change the future land use map for this site, from "Light Industrial" to "Industrial Growth Center'. The proposed development is compatible with current surrounding land uses, but not consistent with the future land use. The related zoning case (ZC-23-189) was heard by the Zoning Commission on February 14, 2024. The Commission voted to recommend approval of the requested zoning district of "IC" Heavy Industrial. This related zoning case is on this March 26, 2024 City Council agenda for consideration. The site is currently in the City's Certificate of Convenience and Necessity (CCN). Furthermore, this site is also located within one of the City's 20 - year Planned Service Areas. Subchapter C-3 of Chapter 43 of the Texas Local Government Code (LGC) provides for the process of annexation of an area upon a request of an owner of land. Section 43.0672 of the LGC requires a municipality that elects to annex an area upon the request of an owner first negotiate and enter into a written agreement with the owners of land in the area for the provision of municipal services. The agreement must include: .1. A list of each service the municipality will provide on the effective date of the annexation; and 2. A schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the annexation. The municipal services agreement includes these provisions in accordance with state law. Emergency services will be provided through the City of Fort Worth. The City's Fire Department will provide emergency and fire protection services comparable with the provision of services available in other parts of the municipality with topography, land use and population density similar to be the level of service contemplated or projected in the area. Emergency medical services will be provided by City's Fire Department and MedStar or other entity engaged by the City. The City's Police Department will provide protection and law enforcement services. The proposed uses were considered while assessing the financial impact to the General Fund. A fiscal impact analysis was prepared by the Fort \ Worth Lab with the assistance of other City Departments. City tax revenue is expected to have a positive fiscal impact over the next ten years after the proposed development has been built. Based on the operating costs projected from the Police, Code Compliance and Transportation and Public Works Departments, the fiscal impact shows a slightly negative effect to the General Fund for the first year, but will have a positive impact thereafter. Therefore, due to the ability of the area to meet the City's criteria for full -purpose annexation staff recommends approval of the requested owner -initiated annexation, AX -23-010. The City Council will conduct a public hearing on the proposed annexation. The public hearing is an opportunity for persons interested in the annexation to be heard. Once the City Council has conducted the required public hearing, Council may close the hearing and vote on annexing AX - 23 -010 for full purposes. If annexed, this property will become part of COUNCIL DISTRICT 10. FISCAL INFORMATION 1 CERTIFICATION: The Director of Finance certifies that based upon approval of the above recommendations and adoption of the attached ordinance, the annexation will have a long-term positive impact to the General Fund. Submitted for City Manager's Office by: Dana Burghdoff 8018 Oricinatina Business Unit Head: D.J. Harrell 8032 Additional Information Contact: