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HomeMy WebLinkAboutOrdinance 22478-10-2016 ORDINANCE NO. 22478-10-2016 AN ORDINANCE AMENDING ORDINANCE NO. 22283 TO REFLECT AND ADD THE CORRECT ZONING DISTRICT INFORMATION FOR ZONING CASE ZC-16-115; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE AND NAMING AN EFFECTIVE DATE WHEREAS, on June 21, 2016, the City Council approved Case No. ZC-16-115 to rezone properties generally bounded by Walsh Ranch Parkway, Mary's Creek, Markum Ranch Road, Aledo Iona Road, FM 1187 and White Settlement Road, FROM: PD522 Planned Development for "PD/LDR" Low Density Residential, for all single-family uses in "A-43" One- Family through "R2" Townhouse/Cluster districts listed in the Walsh Planned Development Residential Use Table. A maximum of 14,785 dwelling units in permitted. Development standards shall be in accordance with each applicable single-family district as recorded in Ordinance #13896; site plan waived TO: Amend PD522 Planned Development for "PD/LDR" Low Density Residential, for all single-family uses in "A-43" One-Family through "R2" Townhouse/Cluster districts listed in the Walsh Planned Development Residential Use Table. A maximum of 14,785 dwelling units is permitted. Setback and development standards attached as exhibit, on file in the Planning & Development Department; site plan waived; and WHEREAS, Ordinance No. 22283 incorporating the City Council's zoning hearing decisions from the June 21, 2016 meeting inadvertently omitted a legal description from the zoning case information for ZC-16-115; and WHEREAS, it is advisable to amend Ordinance No. 22283 with regard to Zoning Case Nos. ZC-16-115 only, to include the zoning district parcel description information to incorporate the approval of the zoning case by the City Council on June 21, 2016; Correction Ordinance 22283 Ordinance No. 22478-10-2016 Pagel of 5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: SECTION 1. Ordinance No. 22283 an amendment to Ordinance 21653, is amended to include the zoning case information for Case No. ZC-16-115, as follows: ZC-16-115 Generally bounded by Walsh Ranch Parkway, Mary's Creek, Markum Ranch Road,Aledo Iona Road, FM 1187 and White Settlement Road Zoning Change: From: PD522 Planned Development for "PD/LDR"Low Density Residential,for all single- family uses in "A-43"One-Family through "R2"Townhouse/Cluster districts listed in the Walsh Planned Development Residential Use Table.A maximum of 14,785 dwelling units in permitted. Development standards shall be in accordance with each applicable single-family district as recorded in Ordinance #13896;site plan waived To:Amend PD522 Planned Development for "PD/LDR"Low Density Residential,for all single-family uses in "A-43"One-Family through "R2" Townhouse/Cluster districts listed in the Walsh Planned Development Residential Use Table.A maximum of 14,785 dwelling units is permitted. Setback and development standards attached as exhibit "E'; on file in the Planning& Development Department;site plan waived DISTRICT 1 B BEING approximately 18.00 acres situated in Parker County, Texas, and being a portion of that certain called 884.1- acre tract of land described in the Deed recorded in Volume 237, Page 562, Deed Records, Parker Country, Texas, and being more particularly described as follows: COMMENCING at the most northerly northeast corner of the I & GNRR Co. Survey, same being the most northerly northeast corner of that certain called 2,974.08 acre tract of land described in Volume 193, Page 335 (second tract)of said Deed Records, same also being in a west line of the Brown tract; THENCE SOUTH 07°5I'18"EAST,3,734.59 feet to the POINT OF BEGINNING of the herein described tract; THENCE NORTH 70 009' 09"EAST,410.66 feet; THENCE NORTH 31°33'21" EAST,200.88 feet; THENCE SOUTH 58 026'39"EAST, 189.66 feet; THENCE SOUTH 32 032'34"EAST, 133.28 feet; THENCE NORTH 70 043'28" EAST,248.44 feet; THENCE SOUTH 39 044'57" EAST, 185.67 feet; THENCE SOUTH 56 014'37" EAST, 142.62 feet; THENCE SOUTH 82 010'03" EAST, 142.62 feet; THENCE SOUTH 53 029'54"EAST, 107.34 feet; THENCE SOUTH 11°30'01" EAST,218.92 feet; THENCE SOUTH 78 029'59" WEST, 1,327.52 feet to the beginning of a non-tangent curve to the left having a central angle of 05 005'34", a radius of 6,019.95 feet and a chord bearing and distance of NORTH I4 059'07"WEST, 534.91 feet; Correction Ordinance 22283 Ordinance No.22478-10-2016 Page 2 of 5 THENCE with said curve to the left for an arc distance of 535.08 feet to the beginning of a curve to the left having a central angle of 02°37'23', a radius of 1,995.03 feet and a chord bearing and distance of NORTH 18°21'54" WEST, 91.32 feet; THENCE with said curve to the left for an arc distance of 91.33 feet to the POINT OF BEGINNING and containing 784,034 square feet or 18.00 acres of land. SECTION 2. This ordinance corrects Ordinance No. 22283 with regard to Case No. ZC-16-115 only. SECTION 3. 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 4. 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. Correction Ordinance 22283 Ordinance No.22478-10-2016 Page 3 of 5 SECTION 5. All rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of Ordinance Nos. 13896 and 21653 or of any amendments thereto that have 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 6. 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 7. 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 ($2000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Correction Ordinance 22283 Ordinance No. 22478-10-2016 Page 4 of 5 SECTION 8. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: Melinda Ramos, Assistant City Attorney �Iary/J. Kayser, City Secret r Adopted and Effective: October 25, 2016 Published: Correction Ordinance 22283 Ordinance No. 22478-10-2016 Page 5 of 5 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/25/2016 - Ordinance No. 22476-10-2016, 22477-10-2016 & 22478-10-2016 DATE: Tuesday, October 25, 2016 REFERENCE NO.: **G-18861 LOG NAME: 06CORRECTION ORDINANCE 16 SUBJECT: Adopt Ordinances Correcting Ordinance Nos. 17783, 22177 and 22283, in Order to Correct Zoning Information and Legal Descriptions from Previously Approved Zoning Cases (COUNCIL DISTRICTS 3, 7 and 9) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinances in order to reflect the correct legal and zoning descriptions. DISCUSSION: Staff occasionally performs quality control checks on zoning case ordinances and the official zoning map. Correction ordinances are needed for the following zoning cases. On September 18, 2007, the City Council approved a zoning change (ZC-07-160) to rezone properties generally bounded by Rockwood Park to the North, Mt. Olivet Cemetery to the East, White Settlement Road to the South and Rockwood Park Drive to the West to "A-7.5", "A-10", "A-10/HC" and "A-21" One- Family. Ordinance No. 17783 incorporating the City Council decision inadvertently omitted the zoning case. The case involved 409 parcels. These properties are located in COUNCIL DISTRICT 7. On April 19, 2016, the City Council approved a zoning change (ZC-16-080) to rezone properties located 761, 765, 769, 905, 915, 917 and 919 Samuels Avenue and 801-815 (odds) and 901 Bennett Street to "PD/D" Planned Development for all uses in "D" High Density Multifamily retaining historical overlays, with development standards and Downtown Urban Design District Standards; site plan waived. Ordinance No. 22177 (ZC-16-080) incorporating the City Council decision inadvertently omitted the zoning case. Also on April 19, 2016, the City Council also approved a zoning change to rezone properties at 2900 Weisenberger Street, 205 Wimberly Street and 2901 Whitmore Street to "UR" Urban Residential. Ordinance No. 22177 incorporating the City Council decisions inadvertently omitted the zoning cases. These properties are located in COUNCIL DISTRICT 9. On June 21, 2016, the City Council approved a zoning change (ZC-16-115) to rezone properties generally bounded by Walsh Ranch Parkway, Mary's Creek, Markum Ranch Road, Aledo Iona Road, FM 1187 and White Settlement Road to PD522 Planned Development for"PD/LDR" Low Density Residential, for all single-family uses in "A-43" One-Family through "R2" Townhouse/Cluster listed in the Walsh Planned Development Residential Use Table, with a maximum of 14,785 dwelling units, to include setback and development standards; site plan waived. Ordinance No. 22283 incorporating the City Council decision inadvertently omitted one legal description from the zoning case information. The case involved nine legal Logname: 06CORRECTION ORDINANCE 16 Page I of 2 descriptions of which one needs to be corrected. This property is located in COUNCIL DISTRICT 3. The ordinances correctly reflect the City Council's decisions and corrects the errors. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that adoption of these ordinances will have no material effect on City funds. FUND IDENTIFIERS (FIDs): TO ,Fund' Department ccoun Project Program ctivity Budget Reference # �mount j ID ID Year (Chartfield 2) FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Lynn Jordan (2495) Logname: 06CORRECTION ORDINANCE 16 Page 2 of 2