HomeMy WebLinkAboutOrdinance 18116-05-2008ORDINANCE NO. 18116-05-2008
AN ORDINANCE AMENDING ORDINANCE NO. 17783 TO
REFLECT THE CORRECT METES AND BOUNDS FOR TRACTS
1 & 2 FOR ZONING CASES ZC-07-139, ZC-07-153; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE AND NAMING AN EFFECTIVE
DATE
WfIEREAS on September 18, 2007, the City Council approved a request in Case
No. ZC-07-139 to rezone property in the D. Odum Survey, Abstract Number 1184 in
Tarrant County from "A-5" One Family Residential and "E" Neighborhood Commercial
to "PD/I" Planned Development for "I" Light Industrial with restrictions; and Case No.
ZC-07-153 to rezone property in the William McGowen Survey, Abstract Number 999 in
Tarrant County from (Tract 1) "C" Medium Density Multifamily Residential to "G"
Intensive Commercial; and (Tract 2) "G" Intensive Commercial to "C" Medium Density
Multifamily;
WHEREAS, the metes and bounds as submitted was revised;
VVI3~REAS the City Council voted to approve the above mentioned cases, but
Ordinance No 17783 incorporating the City Council's zoning decision from the
September 18, 2007, meeting does not reflect the correct metes and bounds information;
WHEREAS it is advisable to amend Ordinance No. 17783, an amendment to
Ordinance 13896, is amended to correct Case No. ZC-07-139 and ZC-07-153 only, in
order to reflect the correct metes and bounds descriptions for both tracts;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH:
SECTION 1.
Ordinance No. 17783, an amendment to Ordinance 13896, is amended to correct
the decision for Case No. ZC-07-139 to reflect the correct legal descriptions, as follows:
ZC-07-139 63.29 ac. +/- 5600 Block of Mark IV Parkway
Zoning Change:
From: "A-S" One Family Residential and "E" Neigliborliood
Commercial
To: "PD/I"Planned developmezzt for "I"Light Industrial with the
followi~zg restrictions:
• A 40' landscape buffer required adjacent to Cantrell Samson Road
in additiozz to the parkway area to be provided within the proposed
right-of-way to be dedicated for such roadway;
• Certain offensive uses will be prohibited, including: sexually
oriented businesses, batch plants, alcohol sales or consumption
establishments, and/or businesses izz wlticli industrial chemical
processing is the major business operatiozz, etc.;
• Install a common architectural theme in the entire business park
utilizing a palette of earth tone colors on the building exteriors, trim
azzd associated structures;
• Mechanical equipment located on rooftops of buildings are to be
screened front the adjacent residential property;
• All detached signs will be monument type sigzzage and no "pole"
signs will be permitted; and,
• Site lighting will be furnished tlzrouglzout the developmezzt and will
be designed in a manner that tl:e light will be directed from the
exterior of the property to the interior of the property to try to avoid
any increase in light pollution to the existing surrounding
residential.
Site plan waived.
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Description:
Tract I: 61.74 Ac. +/-
BEING a tract of land situated in the D. Odom Survey, Abstract No. 1184,
Tarrant County, Texas, and being all of that tract of land as described by
deed to Mapletree Investment Company as recorded in Volume 9979,
Page 2001, County Records, Tarrant County, Texas, and being more
particularly described by metes and bounds as follows:
COMMENCING at a 5/8" found iron rod with yellow "Carter & Burgess"
cap found at the northwest corner of said Mapletree tract;
THENCE S 89° 52' 17" East, 260.00 feet along the north property line of
said Mapletree tract to the POINT OF BEGINNING;
THENCE S 89° 52' 17" E, 1252.69 feet continuing along the north
property line of said Mapletree tract;
THENCE S 00° 03' 25" East, 1212.54 feet to the beginning of a curve to
the right;
THENCE said curve to the right, an arc distance of 691.51 feet, through a
central angle of 59° 08' 06" having a radius of 670.00 feet, the long chord
of which bears S 29° 30' 37" W, 661.22 feet to the beginning of a
compound curve to the right;
THENCE with said compound curve to the right, an arc distance of 361.85
feet, through a central angle of 30° 56' 38" having a radius of 670.00 feet,
the long chord of which bears S 74° 26' 47" W, 357.47 feet;
THENCE N 89° 59' 36" W, 844.03 feet to a point in the west properly line
of said Mapletree tract;
THENCE N 00° 00' 24" E, 1627.13 feet along the west property line of
said Mapletree tract;
THENCE S 89° 52' 17" E, 260.00 feet;
THENCE N 00° 00' 24" E, 260.00 feet to the POINT OFBEGINNING
and containing 61.747 acres of land more or less.
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Tract II: 1.55 ac. +/-
BEING a tract of land situated in the D. Odum Survey, Abstract No. 1184,
Tarrant County, Texas, and being all of that tract of land as described by
deed to Mapletree Investment Company as recorded in Volume 9979,
Page 2001, County Records, Tarrant County, Texas, and being more
particularly described by metes and bounds as follows:
BEGINNING at a 5/8" found iron rod with yellow "Carter & Burgess" cap
found at the northwest corner of said Mapletree tract;
THENCE S 89° 52' 17" E, 260.00 feet along the north property line of said
Mapletree tract;
THENCE S 00° 00' 24" W, 260.00;
THENCE N 89° 52' 17" W, 260.00 feet to a point in the west property line
of said Mapletree tract;
THENCE N 00° 00' 24" E, 260.00 feet along the west property line of said
Mapletree tract to the POINT OF BEGINNING and containing 1.552
access of la~zd, more or less.
ZC-07-153 0.99 Ac. +/- 8700 & 8740 Harmon Road
Zoning Claan~e:
From: "G" Lztensive Commercial
To: "C" Medium De~zsity Multifamily Residential
Description:
Tract 1: 0.99 Ac. +/-
BEING a tract of land situated in the William McGowan Survey, Abstract
No. 999, City of Fort Worth, Tarrant County, Texas, and being out of a
called 305.5 acre tract of land described in the Deed to Heritage Inn
Number LIX, Limited Partnership, as undivided 27.2% interest, R.I.
Heritage Inn of Beavercreek, Inc., as to an undivided 32.2% interest, and
R.I. Heritage Inn of West Springfield, L.L., as to an undivided 40.6%
interest, as recorded in the County Clerk's Document No. 206161202, of
the Deed Records of Tarrant County, Texas (hereinafter referred to as
DRTCT), with the herein described tract of land being further described as
held on the ground by metes and bounds as follows:
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COMMENCING at a 5/8" found iron rod in asphalt in the centerline of
Harmon Road, a variable width right-of--way, for the most westerly
southwest corner of a 305.5 acre tract, and point being on the northeast
right-of--way line of US Highway 287 & 81, a variable width right-of--way;
THENCE North 00° 16' S2" West, departing said northeast right-of--way
line and along the west line of said 305.5 acre tract and along Harmon
Road, a distance of 1022.11 feet to the POINT OF BEGINNING;
THENCE North 00° 16' S2" West, along the west line of said 305.5 acre
tract and along Harmon Road a distance of 52.91 feet to a point for corner;
THENCE leaving the west line of said 305.5 acre tract and said centerline
of Harmon Road, through the aforementioned 305.5 acre tract the
following courses and distances, to wit:
North 88° 19' 36" East, a distance of 203.05 feet to a point for corner;
South 77° 03' 14" East, a distance of 123.46 feet to a point for corner;
North 87° 51' S5" East, a distance of 172.89 feet to a point for corner;
South 53° 53' 06" East, a distance of 119.80 feet to a point for corner;
South 39° 38' 16" East, a distance of 80.98 feet to a point for corner;
South 22° 31' 23" East, a distance of 155.92 feet to a point for corner;
South 31° 26' 39" West, a distance of 21.30 feet to a point for corner;
North 71° 17' 13" West, a distance of 60.96 feet to a point for corner;
North 14° 58' 10" East, a distance of 48.63 feet to a point for corner;
North 36° 14' 37" West, a distance of 148.50 feet to a point for corner;
North 56° 14' 15" West, a distance of 94.32 feet to a point for corner;
South 88° 58' 42" West, a distance of 177.27 feet to a point for corner;
North 75° 23' 25" West, a distance of 99.44 feet to a point for corner;
South 89° 08' 47" West, a distance of 208.02 feet to tl:e POINT OF
BEGINNING and containing 0.992 acres of land, more or less.
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ZC-07-153 2.79 Ac. +/- 8700 & 8740 Harmon Road
Zoning Clzan~e:
From: "C" Medium Density Multifamily Residential
To: "G" bitensive Commercial
Description:
Tract 2: 2.79 Ac. +/-
BEING a tract of land situated in the William McGowan Survey, Abstract
No. 999, City of Fort Worth, Tarrant County, Texas, and being out of a
called 305.5 acre tract of land described in the Deed to Heritage Inri
Number LIX, Limited Partnership, as undivided 27.2% interest, R.I.
Heritage Irm of Beavercreek, Inc., as to an undivided 32.2% interest, and
R.I. Heritage Inn of West Springfield, L.L., as to an undivided 40.6%
interest, as recorded in the County Clerk's Document No. 206161202, of
the Deed Records of Tarrant County, Texas (hereinafter referred to as
DRTCT), with the herein described tract of land being further described as
held on the ground by metes and bounds as follows:
COMMENCING at a 5/s" found iron rod in asphalt in Harmon Road, a
variable width right-of--way, for the most westerly southwest corner of a
305.5 acre tract, and point being on the northeast right-of--way line of U.S.
Highway 287 & 81, a variable width right-of--way;
THENCE North 00° 16' S2" West, departing said northeast right-of--way
line and along the west line of said 305.5 acre tract and along said Harmon
Road, a distance of 1022.11 feet to a point for corner;
THENCE leaving the west line of aforementioned 305.5 acre tract and
said centerline of Harmon Road, through the aforementioned 3055. acre
tract the following courses and distances, to wit;
North 89° 08' 47" East, a distance of 208.02 feet to a point for corner;
South 75° 23' 25" East, a distance of 99.44 feet to a point for corner;
North 88° 58' 42" East, a distance of 177.27 feet to a point for corner;
South 56° 14' 15" East, a distance of 94.32 feet to a point for corner;
South 36° 14' 37" East, a distance of 148.50 feet to a point for corner;
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South 14° 58' 10" West, a distance of 48.63 feet to a point for corner;
South 71° 17' 13" East, a distance of 60.96 feet to a point for corner;
South 31° 26' 39" West, a distance of 21.30 feet to the POINT OF
BEGINNING;
THENCE continuing through the aforementioned 305.5 acre tract the
following courses and distances:
North 31° 27' 06" East, a distance of 24.56 feet to a point for corner;
North 36° 10' 25" East, a distance of 107.97 feet to a point for corner;
East, a distance of 305.22 feet to a point for corner;
South 45° 00' 00" East, a distance of 141.42 feet to a point for corner;
South, a distance of 115.61feet to a point for corner;
South 65° 00' 00" West, a distance of 352.74 feet to a point for corner;
North 26° 32' 43" West, a distance of 104.37 feet to a point for corner;
North 40° 11' 00" West, a distance of 61.83 feet to a point for corner;
North 40° 11' O1" West, a distance of 70.72 feet to a point for corner;
North 32° 51' S5" West, a distance of 21.81 feet to a point for corner;
North 22° 31' 23" West, a distance of 47.20 feet to the POINT OF
BEGINNING and containing 2.794 acres of land, more or less.
SECTION 2.
This ordinance corrects Ordinance No. 17783 with regard to Case No. ZC-07-139
and ZC-07-153 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,
7
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.
SECTION 5.
All rights or remedies of the City of Fort Worth, Texas, are expressly saved as to
any and all violations of Ordinance No. 13896 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.
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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 ($2000.00) for each offense. Each
day that a violation is permitted to exist shall constitute a separate offense.
SECTION 8.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
~~~ ~,~~~ ~ f1uVYV~
Assistant City Attorney
Adopted ~ :May 27, 2008
C-~ e~tie.~ ' ~ ~u ~c.. ~-, ~~~
9
Co~je ®f ®-~ VV®r~th, 1°exa~
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/27/2008 -Ord. No. 18113-05-2008, 18114-05-2008, 18115-
05-2008, 18116-05-2008, & 18117-05-200$
DATE: Tuesday,. May 27, 2008
LOG NAME: 0620 CORRECT REFERENCE NO.: G-16161
SUBJECT:
Adopt Ordinances Correcting Ordinance Nos. 16441, 17048, 17589, 17783, and 17873, in Order to
Correct Addresses and Legal Descriptions from Previously Approved Zoning Cases
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinances correcting Ordinance No. 16441 to
reflect the correct metes and bounds description of Zoning Case ZC-04-336, Ordinance No. 17048 to reflect
the correct zoning and lot and block description of Zoning Case ZC-06-164, Ordinance No. 17589 to reflect
the correct address description for Zoning Case ZC-07-084, Ordinance No. 17783 to reflect the correct
metes and bounds description for Tracts 1 and 2 for Zoning Cases ZC-07-139 and ZC-07-153, and
Ordinance No. 17873 to reflect the correct zoning lot and block information for Zoning Case ZC-07-164.
DISCUSSION:
On May 17, 2005, the City Council voted to approve a request to rezone property in the Guadalupe
Cardinas Survey, Abstract No. 214 in Denton County, to "A-5" One Family Residential and "E"
Neighborhood Commercial. Ordinance No. 16441 did not reflect the correct metes and bounds description.
This property is located in COUNCIL DISTRICT 2.
On July 26, 2006, the City Council voted to approve a request to rezone property at 4100 thru 4500 block of
Ridgehaven Road and 4100 thru 4300 Block of Ridgehaven Court to "A-43" One Family Residential and "A-
2.5" One Family Residential. Ordinance No. 17048 did not reflect the correct zoning and lot and block
description.
This property is located in COUNCIL DISTRICT 3.
On June 5, 2007, the City Council voted to approve a request to rezone property south of Altamesa
Boulevard, east of Hulen Street, north of Willow Way, and west of Woodway to "A-7.5" and "A-10" One
Family Residential. Ordinance No. 17589 did not reflect the correct address descriptions.
This property is located in COUNCIL DISTRICT 6.
On September 18, 2007, the City Council voted to approve a request to rezone property in the D. Odum
Survey, Abstract No. 1184 in Tarrant County to "PD/I" Planned Development for "I" Light Industrial.
Ordinance No. 17783 did not reflect the correct metes and bounds descriptions.
This property is located in COUNCIL DISTRICT 2.
On September 18, 2007, the City Council voted to approve a request to rezone property at 8700 and 8740
Harmon Road to "C" Medium Density Multifamily Residential and "G" Intensive Commercial. Ordinance No.
Lognan7e: 0620 CORRECT Page 1 of 2
17783 did not reflect the correct metes and bounds descriptions.
This property is located in COUNCIL DISTRICT 2.
On November 6, 2007, the City Council voted to approve a request to rezone property bounded by
Interstate 30 to the north, Kentucky Avenue to the east, Allen Avenue to the south, and the Fort Worth
Western Railroad to the west to "T4-N" Near Southside General Urban Neighborhood, "T4" Near Southside
General Urban, "T5" Near Southside Urban Center and "T5-I" Near Southside Urban Center
Institutional/Industrial. Ordinance No. 17873 did not reflect the correct zoning, lot and block descriptions,
including Historical and Cultural overlays.
This property is located in COUNCIL DISTRICTS 8 and 9.
The ordinances correctly reflect the City Council's decisions and correct the errors.
Due to the number of pages of the ordinances, copies will be available for review in the City Secretary's
office and on the City of Fort Worth website.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that adoption of this ordinance will have no material effect on City funds.
TO Fund/AccountlCenters
FROM Fund/Account/Centers
Submitted for City Manager's Office b~ Fernando Costa (8042)
Originating Department Head: Susan Alanis (8180)
Additional Information Contact: Lynn Jordan (2495)
Logname: 0620 CORRECT Page 2 of 2