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
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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
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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