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HomeMy WebLinkAboutOrdinance 21731-04-2015 ORDINANCE NO. 21731-04-2015 AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR LIMITED PURPOSE ANNEXATION OF A CERTAIN 21.5 ACRES (.034 SQUARE MILES) OF LAND, MORE OR LESS, SITUATED IN THE A. ALBRIGHT SURVEY, ABSTRACT NO. 1849, TARRANT COUNTY, TEXAS, BEING ALL OF THAT CERTAIN TRACT DESCRIBED AS TRACT 1 IN THE DEED TO NORTHWEST PIPE COMPANY PER DEED RECORDED IN VOLUME 15110, PAGE 328 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS, ALL OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF FORT WORTH ACCORDING TO THE DEED RECORDED IN VOLUME 4779, PAGE 720 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (HEREINAFTER REFERRED TO AS "CITY TRACT"), ALL OF THAT CERTAIN TRACT OF LAND DESCRIBED AS 0.455 ACRE IN THE DEED FROM NORTHWEST PIPE COMPANY TO THE CITY OF SAGINAW, RECORDED IN INSTRUMENT NO. D209029259 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN 77.635 ACRE TRACT CONVEYED TO TARRANT COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. ONE PER DEED RECORDED IN VOLUME 2866, PAGE 186 OF THE DEED RECORDS OF TARRANT 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 petition in writing by property owner, Northwest Pipe Company, requesting the area to be annexed for limited purposes; and WHEREAS,the City prepared a report regarding the proposed limited purpose annexation of the area, consisting of a planning study and a regulatory plan, in accordance with Section 43.123 of the Texas Local Government Code; and WHEREAS, two public hearings before the City Council of the City of Fort Worth, Texas, concerning the proposed limited purpose annexation of the territory hereinafter described, were held in the City Council Chambers in the Municipal Office Building of Fort Worth, Texas, on the 17th day of March 2015 and on the 24th day of March 2015; and WHEREAS, at each public hearing each member of the public who wished to present testimony or evidence regarding the proposed limited purpose annexation was given the opportunity to do so; and WHEREAS,the City Council heard and considered the appropriateness of the application of rural and urban ordinances in the area proposed for limited purpose annexation at such public hearings; and AX-14-007 NORTHWEST PIPE COMPANY Ordinance No.21731-04-2015 Page 1 of 4 WHEREAS, notice of the first and second hearings was published in a newspaper of general circulation in the City of Fort Worth and in the area proposed for annexation on February 27, 2015 and March 14, 2015, and was posted on the City's Internet website on February 26, 2015; and WHEREAS, the population of the City of Fort Worth, Texas, is in excess of 100,000 inhabitants; and WHEREAS, the hereinafter described territory lies within the exclusive extraterritorial jurisdiction of the City of Fort Worth, Texas; and WHEREAS, the hereinafter described territory lies adjacent to and adjoins the City of Fort Worth, Texas; and WHEREAS, the hereinafter described territory contains 21.5 acres (.034 SQUARE MILES) of land, more or less; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 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 limited purposes, in accordance with Sections 43.121 through 43.136 of the Texas Local Government Code, and the present corporate boundary limits of said City are altered to include said area within the corporate limits of the City of Fort Worth, Texas, for limited purposes: BEING All that certain lot, tract or parcel of land lying and situated in the A. Albright Survey, Abstract No. 1849, Tarrant County, Texas, being all of that certain tract described as Tract 1 in the deed to Northwest Pipe Company per deed recorded in Volume 15110, Page 328 of the Deed Records of Tarrant County, Texas, all of that certain tract of land conveyed to the City of Fort Worth according to the deed recorded in Volume 4779, Page 720 of the Deed Records of Tarrant County, Texas (hereinafter referred to as "City tract"), all of that certain tract of land described as 0.455 acre in the deed from Northwest Pipe Company to the City of Saginaw, recorded in Instrument No. D209029259 of the Official Public Records of Tarrant County, Texas, and being a portion of that certain 77.635 acre tract conveyed to Tarrant County Water Control and Improvement District No. One per deed recorded in Volume 2866, Page 186 of the Deed Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a point in the former south right-of-way line of Longhorn Rd. (called 80.0' right-of-way, formerly known as County Road No. 4001 according to Volume 3566, Page 134 of the Official Public Records of Tarrant County, Texas) at the northeast corner of said Tract 1, the northeast corner of said 0.455 acre tract, being the southeast corner of that certain tract of land described as 2.396 acres in the Right-of-way Deed to Tarrant County, recorded in Volume 3566, Page 134 of the Deed Records of Tarrant County, Texas, and being the northwest corner of that certain 101.03 acres annexed by the City of Fort Worth under Ordinance No. 6118; AX-14-007 NORTHWEST PIPE COMPANY Ordinance No. 21731-04-2015 Page 2 of 4 THENCE SOUTH generally along the westerly city limit line, at 21.84 feet passing the southeast corner of said 0.455 acre tract, the northwest corner of Lot 1 R, Block 2, Santa Fe Northwest Industrial Park, according to the plat recorded in Instrument No. D213058988 of the Official Records of Tarrant County, Texas, at 825.66 feet passing the northwest corner of Lot 1, Block 1, Longhorn Addition according to the plat recorded in Instrument Number D210114281 of the Deed Records of Tarrant County, Texas, the southwest corner of said Lot 1 R, continuing in all 925.26 feet to the southeast corner of said Tract 1; THENCE SOUTH 89 degrees 59 minutes 46 seconds West along the southerly line of said Tract 1, at 80 feet passing a southwest corner of said Tract 1, being the southeast corner of said City tract, at 280 feet passing the southwest corner of said City tract, a southeast corner of said Tract 1, continuing in all 1303.88 feet to a point lying in the westerly line of said 77.635 acre tract, the easterly line of Remington Point Addition, according to the plat recorded in Cabinet A, Slide 10742 of the Plat Records of Tarrant County, Texas, and lying in the easterly line of that certain 237.528 acre tract annexed by the City of Fort Worth under Ordinance No. 8846, being the southwest corner of said Tract 1; THENCE NORTH 00 degrees 00 minutes 41 seconds West along the common line between said 77.635 acre tract, said Tract 1 and said Remington Point Addition and generally along the easterly city limit line, 270.36 feet to the southwest corner of that certain tract of land described as 6.015 acres in the deed to Tarrant County, recorded in Volume 3566, Page 135 of the Official Records of Tarrant County, Texas; THENCE NORTH 89 degrees 59 minutes 36 seconds East along the common line between said Tract 1 and said 6.015 acre tract, 399.83 feet to the southeast corner of said 6.015 acre tract; THENCE NORTH 00 degrees 00 minutes 11 seconds East along the common line between said Tract 1 and said 6.015 acre tract, 654.95 feet to a point lying in the former southerly line of said Longhorn Road, the northern most northwest corner of said Tract 1, being the northwest corner of said 0.455 acre tract; THENCE EAST along the northerly line of said Tract 1 and said 0.455 acre tract, 904.05 feet to the point of beginning and containing approximately 21.5 acres of land, more or less. This document was prepared January 15, 2015 under 22 TAC (663.21), does not reflect the results of an on the ground survey, and is not 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. SECTION 2. The above described territory is shown on Map Exhibit A which is attached hereto and expressly incorporated herein by reference for the purpose of illustrating and depicting the location of the hereinabove described territory. SECTION 3. The Regulatory Plan attached hereto as Exhibit B is hereby adopted by the approval of this ordinance. The regulations identified in the regulatory plan shall be enforced in the area described in Section 1 above. AX-14-007 NORTHWEST PIPE COMPANY Ordinance No. 21731-04-2015 Page 3 of 4 SECTION 4. This ordinance shall and does amend 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 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, paragraph or section. SECTION 6. 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 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. Provided, further, that if there is included within the description of territory set out in Section 1 of this ordinance to be annexed to the City of Fort Worth any area which is presently part of and included within the limits of the City of Fort Worth, or which is presently part of and included within the limits of any other city, town or village, or which is not within the City of Fort Worth's jurisdiction to annex, the same is hereby excluded and excepted from the territory to be annexed hereby as fully as if such excluded and excepted area were expressly described herein. SECTION 7. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Melinda Ramos, Mary K , Assistant City Attorney City Secretary ADOPTED AND EFFECTIVE: April 21, 2015 AX-14-007 NORTHWEST PIPE COMPANY Ordinance No. 21731-04-2015 Page 4 of 4 i 11! I PUS I< MOM woo ov LL w all LL MM ��� ♦� p Itsiltil� ,�� tl� �� ��1'► � ♦ �� '*- •II• k FA MM ■. �� �� �� �� ,, ■its r•# r�T ! Illlli "Mc ��i►����� I111Ai �. .. 1111►� ��t// �■ 1 1' W. Elko ova JIM ■1■ i1//e/iiiil == � . = ■/11111111111■ �1, ■� IIIIIIIIIIII�II� ■ �. ll ■. � .- t ■ 1111111111111 � �li'IiiliiJlll�i 111 r - � t°; - ���1111111N Hill LF 6 mom ♦s��AI�,1( il(# all MEN �', ► ■ = Iq1 s� ��#IIIIi111111A11i A ��� IIIIIIIIIIIA 1, IIIAiA111A1 „ '����'; Man Illlliliilliil tllllliill� +� ";f ';' "' ♦� A1111111111Iii C�'��� t �� IIIA111111i11A► ,j,r ;„ �iMc 11111111111111\ *►'" AX-14-007 Exhibit B Northwest Pipe Company CITY OF FORT WORTH, TEXAS REGULATORY PLAN FOR LIMITED PURPOSE ANNEXATION ReEulatory Ordinances To Be Enforced in Annexation Area The following planning, zoning, health and safety ordinances in effect on April 21, 2015, will be enforced in the area if the area is annexed for limited purposes: Subdivision Ordinance (Ord. No. 1785 1) codified as Chapter 31 of the City Code, Plan Commission Rules and Regulations, Master Thoroughfare Plan, Community Facilities Policy, and related subdivision regulations and infrastructure standards [During the first 18 months of the three-year limited-purpose annexation period the City will only enforce the Subdivision Ordinance platting requirement for building permits associated with additions over 300 square feet. This would allow Northwest Pipe Company to obtain necessary building permits to maintain their facilities and operations without having to plat the existing structures. This waiver is limited to renovations to existing structures, additions of less than 300 square feet to an existing building for non-occupied space. No addition would be allowed external of the existing building envelope (no closer than the existing building face to an exterior property boundary)]. Zoning Ordinance(Ord.No. 13896) (Appendix A to City Code) Building Code(Ord.No. 15948) (Sections 7-46 through 7-49 of the City Code) Mechanical Code(Ord.No. 19603-03-2011) (Sections 7-166 through 7-169 of the City Code) Plumbing Cod (Ord.No. 19604-03-2011) (Sections 26-1 through 26-4 of the City Code) Residential Code(Ord.No. 19602-03-2011) (Sections 7-61 through 7-64 of the City Code) Electrical Code(Ord.No. 18358-11-2008) (Sections 11-1 through 11-4 of the City Code) Energy Code(Ord.No. 19605-03-2011) (Sections 7-41 through 7-44 of the City Code) Fire Code: The following chapters/sections of the 2000 Edition of the International Fire Code (adopted by Section 13-1 of Ord. No. 19607-03-2011) and local amendments to such chapters/sections (adopted by Section 13-2 of Ord. No. 19607-03-2011) and excluding all other chapters and sections: • Chapter 1 (Administration), excluding Sections 104.10 (Fire Investigations), 104.10.1 (Assistance from Other Agencies), and 104.11 (Authority at Fires and Other Emergencies), Section 105.1.2, Item #1 (Operational Permits), and all sections related to Item #1, and Section 105.6 (Required Operational Permits); • Chapter 2 (Definitions); • Chapter 5 (Fire Service Features), excluding Sections 506 (Key Boxes), 508 (Fire Protection Water Supplies) and 509 (Fire Command Center); • Chapter 6 (Building Services and Systems); 1 • Chapter 7 (Fire Resistance Rated Construction); • Chapter 8 (Interior Finish, Decorative Materials and Furnishings), Section 806 only; • Chapter 9 (Fire Protection System); • Chapter 22 (Service Stations and Repair Garages), excluding Section 2205 (Operational Requirements); • Chapter 23 (High- Piled Combustible Storage), excluding Section 2305 (Housekeeping and Maintenance); • Chapter 45 (Referenced Standards); and • Appendix I (Installation of Fire Service Features, Fire Protection Systems and Tanks) • NWP desires to have annual fire inspections performed to the structures within the property Gas Drilling and Production Code (Ord. No. 18499) (Sections 15-30 through 15-48 of the City Code). Minimum Building Standards Code (Ord. No. 13743) (Sections 7-66 through 7-126 of the City Code) Sign Code (Ord. No. 21189-04-2014) (Sections 29-1 through 29-3) Environmental Protection and Compliance Code (Ord. No. 12274), Article 1, Divisions 1-3 (Administration and Enforcement, Sections 12.5-100 through 12.5-123 of the City Code), Article II (Air Quality, Sections 12.5-200 through 12.5-211 of the City Code) and Article III (Stormwater Protection) (Sections 12.5-300 through 12.5-321 of the City Code) Health Code: The following sections of the City Code relating to review of construction plans for food establishments, day care centers and public swimming pools: • Sections 16-114 (a), (b) and (c) and Section 16-115 (Food Establishments, Ord. No. 12553) • Sections 16-421, 16-428 and 16-437 (Day Care Centers, Ord. 11209) • Sections 16-456, 16-458, 16-460(b)(1) and (f)(3) and 16-462 (a), (b), (c) and (d) (Public Swimming Pools, Ord. 12156) The City has used its best efforts to provide accurate references to the City Code sections in which the ordinances described above are codified. Any failure to list all relevant City Code references is inadvertent and will not affect enforcement of the ordinances by the City. Future Full Purpose Annexation Section 43.123 of the Local Government Code requires the regulatory plan to state the date by which the city will annex the property for full purposes. Pursuant to Section 43.127 of the Code, the full purpose annexation must occur within three years after the area is annexed for limited purposes, unless the requirement is waived and the date for full-purpose annexation postponed by written agreement between the municipality and a majority of the affected landowners. The City may annex the Property upon the earliest to occur of the following events: (i) submittal of an application for a preliminary plat; or (ii) no later than April 21, 2018 or some earlier date agreed upon by the parties, unless extended in writing by mutual agreement. 2 Availabili v of the Report The Annexation Report can be accessed on the City's web site, the Development Department's page, and clicking on the "Annexation Notices" link. The direct link is: hLW.- fortworthtexas.gov/planninganddevelopment/design.aspx?id=8660. In addition, copies are available in the Development Department, Lower Level of City Hall, 1000 Throckmorton Street. 3 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/21/2015 - Ordinance No. 21731-04-2015 DATE: Tuesday, April 21, 2015 REFERENCE NO.: L-15774 LOG NAME: 06AX-14-007 NORTHWEST PIPE COMPANY SUBJECT: Consider Institution and Adoption of Ordinance Annexing Approximately 21.5 Acres of Land in Tarrant County Located at 341 and 351 Longhorn Road, West of Main Street and North of Northwest Loop 820 for Limited Purposes and Adopt Regulatory Plan (FUTURE COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council institute and adopt the attached ordinance for limited purpose annexation of approximately 21.5 acres of land in Tarrant County, located at 341 and 351 Longhorn Road, and adopt a regulatory plan for the area. DISCUSSION: The subject tract is located within the extraterritorial jurisdiction of the City of Fort Worth, located west of Main Street and north of Northwest Loop 820. The site touches Fort Worth city limits on three sides, and Saginaw city limits on the north side. The property is currently used for a facility which manufactures welded steel pipe. As authorized by the City Council, Staff submitted a zoning application for the subject property seeking "K" Heavy Industrial zoning given the existing heavy industrial land use, which allows both light and heavy industrial uses. Based on land use policies and future land use designated in the Comprehensive Plan, the Zoning Commission recommended approval to City Council of the zoning request at their November 12, 2014 public hearing. State law requires that the regulatory plan specify the planning, zoning, health and safety ordinances the City will enforce and state the date by which the City will annex the area for full purposes. The full purpose annexation must occur within three years after the area is annexed for limited purposes, unless the date for full purpose annexation is postponed by written agreement between the City and the property owner. Staff anticipates that full purpose annexation will occur in April 2018. During the first 18 months of the three-year limited-purpose annexation period, the property owner has requested that the City only enforce the Subdivision Ordinance platting requirement for building permits associated with additions over 300 square feet. All other building permits will not trigger the platting requirement. The regulatory plan includes this ordinance platting waiver. Public hearings concerning this request were held during the March 17, 2015 and March 24, 2015, City Council meetings. Institution and approval of the annexation ordinance and the regulatory plan completes the limited purpose annexation process. The property is adjacent to COUNCIL DISTRICT 2, Mapsco 47H, 48A and 48E. FISCAL INFORMATION / CERTIFICATION: Logname: 06AX-14-007 NORTHWEST PIPE COMPANY Page 1 of 2 no material impact on City funds is anticipated. FUND CENTERS: TO Fund/Account/C enters FROM Fund/Account/Centers CERTIFICATIONS: Submitted for CitYManager's Office bL. Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Leo Valencia (6942) Logname: 06AX-14-007 NORTHWEST PIPE COMPANY Page 2 of 2 FORTWORTH MOMM &=am PUMM AmN r" am U-11 ,2,1..S Aaw W All that certain lot,tract or parcel of land lying and situated in the A. Albright Survey,Abstract No. 1849, Tarrant County, Texas, being all of that certain tract described as Tract 1 in the deed to Northwest Pipe Company per deed recorded in Volume 15110, Page 328 of the Deed Records of Tarrant County,Texas, all of that certain tract of land conveyed to the City of Fort Worth according to the deed recorded in Volume 4779,Page 720 of the Deed Records of Tarrant County, Texas (hereinafter referred to as "City tract"), all of that certain tract of land described as 0.455 acre in the deed from Northwest Pipe Company to the City of Saginaw, recorded in Instrument No. D209029259 of the Official Public Records of Tarrant County, Texas, and being a portion of that certain 77.635 acre tract conveyed to Tarrant County Water Control and Improvement District No. One per deed recorded in Volume 2866, Page 186 of the Deed Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a point in the former south right-of-way line of Longhorn Rd. (called 80.0' right-of-way, formerly known as County Road No. 4001 according to Volume 3566, Page 134 of the Official Public Records of Tarrant County, Texas)at the northeast corner of said Tract 1, the northeast corner of said 0.455 acre tract, being the southeast corner of that certain tract of land described as 2.396 acres in the Right-of-way Deed to Tarrant County, recorded in Volume 3566, Page 134 of the Deed Records of Tarrant County, Texas, and being the northwest corner of that certain 101.03 acres annexed by the City of Fort Worth under Ordinance No. 6118; THENCE SOUTH generally along the westerly city limit line, at 21.84 feet passing the southeast corner of said 0.455 acre tract,the northwest corner of Lot 1R, Block 2, Santa Fe Northwest Industrial Park, according to the plat recorded in Instrument No. D213058988 of the Official Records of Tarrant County, Texas, at 825.66 feet passing the northwest corner of Lot 1, Block 1, Longhorn Addition according to the plat recorded in Instrument Number D210114281 of the Deed Records of Tarrant County, Texas,the southwest corner of said Lot 1 R, continuing in all 925.26 feet to the southeast corner of said Tract 1; THENCE South 89 degrees 59 minutes 46 seconds West along the southerly line of said Tract 1, at 80 feet passing a southwest corner of said Tract 1, being the southeast corner of said City tract, at 280 feet passing the southwest corner of said City tract, a southeast corner of said Tract 1, continuing in all 1303.88 feet to a point lying in the westerly line of said 77.635 acre tract,the easterly line of Remington Point Addition, according to the plat recorded in Cabinet A, Slide 10742 of the Plat Records of Tarrant County, Texas, and lying in the easterly line of that certain 237.528 acre tract annexed by the City of Fort Worth under Ordinance No. 8846, being the southwest corner of said Tract 1; THENCE North 00 degrees 00 minutes 41 seconds West along the common line between said 77.635 acre tract, said Tract 1 and said Remington Point Addition and generally along the easterly city limit line, 270.36 feet to the southwest corner of that certain tract of land described TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SuRVErG SaxvtCEs TnE Crnr of Foirr WORTH * 8851 Camp Bowie Blvd West * Foirr WoRTR,TsxAs 76116 817 392-7925 * FAx 817-392-7895 FORTWORTH as 6.015 acres in the deed to Tarrant County, recorded in Volume 3566, Page 135 of the Official Records of Tarrant County, Texas; THENCE North 89 degrees 59 minutes 36 seconds East along the common line between said Tract 1 and said 6.015 acre tract, 399.83 feet to the southeast corner of said 6.015 acre tract; THENCE North 00 degrees 00 minutes 11 seconds East along the common line between said Tract 1 and said 6.015 acre tract, 654.95 feet to a point lying in the former southerly line of said Longhorn Road,the northern most northwest corner of said Tract 1, being the northwest corner of said 0.455 acre tract; THENCE EAST along the northerly line of said Tract 1 and said 0.455 acre tract, 904.05 feet to the point of beginning and containing approximately 21.5 acres of land, more or less. This document was prepared January 15, 2015 under 22 TAC (663.21), does not reflect the results of an on the ground survey, and is not 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. TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SURVE G Sntvic$s THE Crry of FORT WoKm * 8831 Camp Bowie Blvd West * Foy T WoKre,Texas 76116 817 392-7925 * FAx 817-392-7895