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Home My WebLink AboutOrdinance 22378-08-2016 ORDINANCE NO. 22378-08-2016 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 21653, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS AND SHOWING SUCH DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: SECTION 1. ZC-16-072 12755 Harmon Road 9.9 acres Zonin,e Change: From: Unzoned To: "PD/D"Planned Development for all uses in "D"High Density Multifamily with 12, 95 gallon, live oak trees, spaced a minimum of 25 ft. along the southern property line; site plan approved, attached as Exhibit A and on file in the Planning & Development Department Description 9.9 acres of land more or less, situated in the J. Walker Survey, Abstract No. 1603 and the W. McCowan Survey, Abstract No. 999, Tarrant County, and being more particularly described by metes and bounds as follows: Beginning in the west line of a tract of land described as Tract I in the deed to Whitehead-Smith Investments, Ltd., a Texas limited partnership (undivided 1/2 Int.) and Maurice Smulders (undivided 1/2 Int.), according to the deed filed in Instrument #D207321179, Deed Records of Tarrant County, Texas (D.R.T.C.T.), also being in the east line of a tract of land described in deed to Alliance Community Fellowship, according to the deed filed in Instrument #D207081140, D.R.T.C.T., and also being the southwest corner of a tract of land described in deed to Richard Townsley 111, according to the deed filed in Instrument#D216032310, D.R.T.C.T.; Ordinance No. 22378-08-2016 Page 1 of 3 Thence over and across said Whitehead-Smith and Smulders tract 1, along the south line of said Townsley tract, passing the east line of said Whitehead-Smith and Smulders tract I, also passing the southeast corner of said Richard Townsley III tract, and also passing over and across Harmon Road to the west line of a tract of land described in deed to KLM Partners, LLC, according to the deed filed in Instrument #D210027805, D.R.T.C.T.; Thence along the east line of said Harmon Road and along the west line of said KLM Partners, LLC tract, passing the southwest corner of said KLM Partners, LLC tract and passing the northwest corner of Lot 1, Block 1, Properties 413KE Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat filed in Instrument #D213284460, Plat Records of Tarrant County, Texas (P.R.T.C.T.), and continuing along the east side of said Harmon Road and continuing along the west line of said Lot 1,to the north line of the City of Fort Worth City Limits and the approximate centerline of Golden Heights Road; Thence over and across said Harmon Road, along the north line of said City of Fort Worth City Limits, and along the approximate centerline of Golden Heights Road, passing along the south line of said Whitehead- Smith and Smulders tract 1, to the southwest corner of said Whitehead-Smith and Smulders tract 1, also being the southeast corner of a tract of described in deed to Michael R. Rick et ux Sharon L Rick, according to the deed filed in Volume 11725, Page 1366, D.R.T.C.T.; Thence along the west line of said Whitehead-Smith and Smulders tract 1, passing along the east line of' said Rick tract, and passing along the east line of said Alliance Community Fellowship tract, to the Point of Beginning and containing 9.9 acres more or less of land. SECTION 2. That the zoning regulations and districts, as herein established, have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. They have been designed to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, parks and other public requirements. They have been made after full and complete public hearing with reasonable consideration, among other things, of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of a building and encouraging the most appropriate use of land throughout the community. SECTION 3. That this ordinance shall be cumulative of all other ordinances of the City of Fort Worth affecting zoning and shall not repeal any of the provisions of such ordinances, except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 4. That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of Ordinance Nos. 3011, 13896 or any amendments thereto that have Ordinance No. 22378-08-2016 Page 2 of 3 accrued at the time of the effective date of this ordinance; and as to such accrued violations, and all pending litigation, both civil or criminal, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 5. 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 void, ineffective or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. That 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 Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7. That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by V.T.C.A. Local Government Code Subsection 52.013. SECTION 8. That this ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: Melinda Ramos, Sr. Assistant City Attorney ary J. K , rty ecretary Adopted: August 30, 2016 Effective: C-�CDkml ,r ��, X t f Ordinance No.22378-08-2016 Page 3 of 3 CL Ulu" oil it h LWA AD AID iii S -1A WI (,C SUOIN38 NOVfdVH ................. .7,1 got 04 OP U) u T 19 D pa. Eii ci rr �`?� i R 9p P- .......... .DLAWAmmi�w 1'b- OM AMWw,4 ------------------------- Amm jmvmm -71 —7 P air At r HM jjjj loll PT 2 ao