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Home My WebLink AboutOrdinance 9333f ~, 3 t ~ 7 "` ORDINANCE NO. - ~~~ AN ORDINANCE CORRECTING AND AMENDING ORDINANCE NO. 9100, BEING AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH (ORDINANCE NO. 3011, AS AMENDED, THE SAME BEING AN ORDINANCE DIVIDING THE MUNICIPALITY INTO DISTRICTS FOR THE PURPOSE OF REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUC- TURES AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, AND SHOWING SUCH DISTRICTS AND THE BOUNDARIES THEREOF UPON AN OFFICIAL ZONING MAP) BY CORRECTING THE ERRONEOUS ZONING CLASSIFICATION OF PROPERTY LOCATED IN THE 2400 BLOCK OF MANSFIELD HIGHWAY AT RODEO STREET AND OLD MANSFIELD ROAD AND SHOWING SAME TO BE ZONED AS "E" COMMER- CIAL; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLI;MENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND NAMING AN EFFECTIVE DATE. WHEREAS, on March 14, 1984, Twin Cities Land Investment Company appeared before the Zoning Commission of the City of Fort Worth for a change in zoning on property located at the 2400 block of Mansfield Highway at Rodeo Street and Old Mansfield"'Road to rezone the property from "A" One-Family to "G" Commercial, said zoning case being docketed as Z-84-55; and WHEREAS, on March 14, 1984, the Zoning Commission voted to recommend denial of Z-84-55 to the City Council; and WHEREAS, on April 10, 1984, the City Council voted to set zon- ing case Z-84-55 for a Special, hearing on May 15, 1984, for further consideration; and WHEREAS, on May 15, 1984, Twin Cities Land Investment Company, acting by and through its duly authorized attorney, Walt W. Leonard, did formally amend its application to change the requested zoning from "G" Commercial to "E" Commercial; and WHEREASA, at said hearing on May 15, 19.84, the City Council did vote 8 to 0 to approve a change in zoning on the subject property from "A" One-Family to "E" Commercial; and ~~<<' WHEREAS, at said hearing on May 15., 1984, the City Council did adopt an ordinance approving several changes in ,:zoning on several tracts of land within the City, which zoning changes had first been ~` i i ~~, j ti ~ a duly considered by the City Council at said public hearing, said ordinance being on file in the office of the City Secretary of the City of Fort Worth as Ordinance No. 9100; and WHEREAS, due to a typographical error in Ordinance No. 9100, zoning case Z-84-55 inadvertently showed that the zoning on the sub- ject property was changed from "A" One-Family to "G" Commercial; and WHEREAS, the official zoning map was thereafter amended to reflect this erroneous change in zoning on said tract of land; and WHEREAS, the City Council now desires to enact an ordinance to correct these errors and to clarify that the subject property should properly be zoned as "E" Commercial; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 1. Ordinance No. 9100, a copy of which is attached hereto marked Exhibit "A" and expressly incorporated herein, is hereby amended by revising the approved zoning in zoning case Z-84-55 on property located at the 2400 block of Mansfield Highway at Rodeo Street and Old Mansfield Road from "G" Commercial to "E" Commercial so as to reflect that said property was properly zoned as "E" Commercial on the date said ordinance was adopted. It is further ordained that, at all times since the adoption of Ordinance No. 9100, the property located at the 2400 block of Mansfield Highway at Rodeo Street and Old Mansfield Road has been zoned "E" Commercial. All other zoning changes reflected in Ordinance No. 9100 are accurate and shall not be affected or altered by this ordinance. 2. The Building Official is hereby directed to revise the official zoning map of the City of Fort Worth to reflect that the property in the 2400 block of Mansfield Highway at Rodeo Street and Old Mansfield Road is zoned "E" Commercial. -2- . ~ y ' `~ 4 SECTION 3. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas ( 1 964) , as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. It is hereby declared to be the intention 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 unconstitu- tional 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 such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. Any person, firm or corporation who violates., disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than One Thousand Dollars ($1,000) for each offense. Each day that a vio- lation is permitted to exist shall constitute a separate offense. SECTION 6. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No. 9100 or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. -3- 3 ~ +i: ~ r ~. ~ ~. • 1 ~ SECTION 7. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and Sections 1, 2, 5 and 9 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 8. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections 1, 2, 5 and 9 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Art. 1176b-1, Revised Civil Statutes of Texas. SECTION 9. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney 3~,Z-~J Date: ADOPTED: ~~ EFFECTIVE: e` -4- ~AS ~~FILE•.L' .. ~ y f1/ CI'fr% MANAGER•1. ~ City ~ f ~Q~t ~®rth, texas ACCpUNTING 2 tRANSPORTgTION'PUBLIC .Wa~®~ a~~ ~®1t,~D~~21 ~®~~~~~~~~~®~ V4°~IER ADMINISiRA'1-iuf! +t DEYELpPMENIreg LAIV 1 y ~ ~..r'Y DATE REFERENCE SUBJECT Correcting Erroneous Zoning PAGE NUMBER Classification at 2400 1 3/12/85 ** PZ-1332 Mansfield Hi wa >or On February 13, 1984, Twin Cities Land Investment Company applied for a change in zoning on property located in the 2400 block of Mansfield Highway at Rodeo Street and Old Mansfield Road. The requested zoning change from "A" One-Family to "G" Commercial (Z-84-55) was denied by the Zoning Commission on March 14, P~...1984. The case was then appealed to the City Council, and a special hearing was held on May 15, 1984. At the hearing Mr. Walt Leonard, representing Twin Cities Land Investment Company, amended the zoning request from "A" One-Family to "E" Commercial instead of "G" Commercial and requested that zoning case Z-84-55, as amended, be approved. The City Council voted 8 to 0 to approve the amended application rezoning the subject property from "A" One-Family to "E" Commer- cial. However, the adopted zoning ordinance (Ordinance No. 9100) erroneously reflected that the property included in Z-84-55 was rezoned from "A" One-Family to "G" Commercial. Pursuant to this ordinance, the official zoning map was also erroneously changed to "G" Commercial. - The City Attorney has determined that in order to correct this erroneous zoning change a new ordinance should be adopted by the City Council showing that the property should be properly zoned as "E" Commercial. Recommendation It is recommended that the City Council adopt the attached ordinance amending Ordinance No. 9100 by revising the adopted change in zoning on the property located in the 2400 block of Mansfield Highway at Rodeo Street and Old Mansfield Road to read "E" Commercial and directing the Building Official to revise the official zoning map to show that the subject property is zoned "E" Commercial. DAl:ioo APPROVED BY CITY COUNCIL AR 12 1' M /~ ,~ / /'C.t~t~Z., ~~%i~.,, .,~o ~/ City Seozetaxy o City of Fort Woa:th, Texae SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY l1FFICE BY: Q APPROVED ORIGINATING JOe Bilardi DEPARTMENT HEAD: O OTHER (DESCRIBE) CITY SECRETARY FOR ADDITIONAL INFORMa>~~WIL,e Olson Ext. 7617 ~]~~•i Adopted Ordinance No. CONTACT - DATE