HomeMy WebLinkAboutOrdinance 19617-04-2011ORDINANCE NO. 19617-04-2011
AN ORDINANCE AMENDING ORDINANCE NO. 16662 TO REFLECT
THE CORRECT METES AND BOUNDS INFORMATION, FOR ZONING
CASE ZC-04-148R; 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 October 18, 2005, the City Council approved a request in Case No. ZC-
04-148R to rezone property located at 9000 block of Park Drive, from "AG" Agricultural to "A-
5" One Family;
WHEREAS, the City Council voted to approve the above mentioned case, but Ordinance
No. 16662 incorporating the City Council's zoning decisions from the October 18, 2005, meeting
does not reflect the correct metes and bounds information;
WHEREAS, it is advisable to amend Ordinance No. 16662 with regard to Case No. ZC-
04-148R only, in order to reflect the correct zoning information;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH:
SECTION 1.
Ordinance No. 16662, an amendment to Ordinance 13896, is amended to correct the
zoning information for Case No. ZC-04-148R, as follows:
ZC-04-148R 9000 block of Park Drive
Description:
Being a 71.30 acre tract of land situated in the G. T. Walters Survey, Abstract No. 1696, Tarrant
County, Texas and being a portion of the DBE Realty tract as evidenced by deed recorded in
Correction Ordinance 16662
Volume 16417, Page 167, Tarrant County, Texas and being more particularly described by metes
and bounds as follows:
Commencing at a found %2" iron rod for the northeast corner of said DBE Realty tract, said point
being in Park Drive (County Road 4040);
Thence South 00°21'57" East, with the DBE Realty east line a distance of 661.00 feet to a found
P.K. nail in asphalt for the Point of Beginning;
Thence South 00°21'57" East, continuing with the DBE Realty east line a distance of 1580.00
feet to a found P.K. nail in asphalt;
Thence North 89°55'23" West a distance of 475.68 feet to a found 5/8 inch rod with C & B cap
for corner;
Thence South 00°22'03" East a distance of 450.00 feet to a found 5/8" iron rod with C & B cap
for corner in the south line of said DBE Realty tract and the north line of Haltom-Bailey-Boswell
Road;
Thence North 89°55'23" West with said north line ofHaltom-Bailey-Boswell Road a distance of
1534.00 feet to a set %2" iron rod with GAI cap;
Thence North 00°04'37'' East a distance of 800.00 feet to a set %2" iron rod with GAI cap;
Thence North 35°57'57" East a distance of 370.00 feet to a set'h" iron rod with GAI cap;
Thence South 54°02'03" East a distance of 155.00 feet to a set'/2" iron rod with GAI cap;
Thence North 35°57'57" East a distance of 528.50 feet to a set'h" iron rod with GAI cap;
Thence North 89°38'03" East a distance of 363.02 feet to a set %2" iron rod with GAI cap;
Thence North 00°21'57"West a distance of 425.00 feet to a set %2" iron rod with GAI cap;
Thence North 89°38'03" East a distance of 917.00 feet to the Point of Beginning and
containing 3,105,984 square feet, 71.30 acres of land, more or less.
The property has subsequently been platted since the metes and bounds description. The
properties directly affected are as indicated: Block 1, Lots 1 through 6, Block 2, Lots 1 through 5
and 15 through 18, Block 3, Lots 1, 2, 3 of The Parks at Boat Club.
Zoning Change:
From: "AG "Agricultural
To: "A-S "One Family
SECTION 2.
Correction Ordinance 16662
This ordinance corrects Ordinance No. 16662 with regard to Case No. ZC-04-148R 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.
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.
3 Correction Ordinance 16662
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 S.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
Adopted and Effective: April 5, 2011
4 Correction Ordinance 16662
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/512011. -Ord. Nos. 19616-04-2011, 19617-04-2011,
19618-042011, 19619-042011, 19620-04-2011, 19621-04-2011, 19622-04-2011, 19623-04-
2011, 1962404-2011, 19625-04-2011
DATE: Tuesday, April 05, 2011 REFERENCE NO.: ""G-17251
LOG NAME: 06CORRECTION ORDINANCE 10
SUBJECT:
Adopt Ordinances Correcting Ordinance Nos. 14859, 16662, 16894, 17589, 17699, 18339, 18365, 18390,
18763 and 18785, in Order to Correct Zoning Information, Addresses and Legal Descriptions from
Previously Approved Zoning Cases (COUNCIL DISTRICTS 2, 5, 6, 7, 8 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 of zoning case ordinances and the official zoning map.
Correction ordinances are needed for the following properties.
On November 13, 2001, the City Council approved a request to rezone property at Lake Arlington to "A-5,"
"A-7.5" and "A-10" One Family. Ordinance No. 14859 (ZC-01-017) did not reflect the correct zoning
description for 4801 East Loop 820 South. The case involved 231 parcels of which one needs to be
corrected.
This property is located in COUNCIL DISTRICT 5.
On October 18, 2005, the City Council approved a request to rezone property on the 9000 block of Park
Drive to "A-5" One Family. Ordinance No. 16662 (ZC-04-148R) did not reflect the correct metes and
bounds description. The case involved 1,453 parcels of which 17 need to be corrected.
These properties are located in COUNCIL DISTRICT 7.
On April 11, 2006, the City Council approved a request to rezone property at 8000 & 8080 West Cleburne
Road to "PD/SU" Planned Development for all uses in "E" Neighborhood Commercial, excluding the
following: gasoline sales, package or liquor store, auto parts store with accessories, check cashing store,
massage & tattoo parlor, pawn shop, discount tobacco store. A six foot masonry wall that would be
constructed on/or adjacent to the common property line with the residential properties, and a 20 foot
setback adjacent to the property line, and with the stub out on Marguerite Lane; site plan waived.
Ordinance No. 16894 (ZC-06-017) did not reflect the correct zoning information. The case involved one
parcel of which one needs to be corrected.
This property is located in COUNCIL DISTRICT 6.
Logname: 06CORRECTION ORDINANCE 10 Page 1 of 3
On June 5, 2007, the City Council approved a request to rezone property at 2800 Sandage Avenue to
"PD/SU" Planned Development/Specific Use for "MU-1" Low Intensity Mixed Use for residential uses site
plan waived. Ordinance No. 17589 (ZC-07-010) did not reflect the correct lot and block description. The
case involved four parcels of which one needs to be corrected.
This property is located in COUNCIL DISTRICT 9.
On June 5, 2007, the City Council approved a request to rezone property east of South Freeway, west of
Cobb Park, south of Jessamine, and north of Berry Street to "A-5/HC" One Family/Historic & Cultural
Overlay, "CF/HC" Community Facilities/Historic & Cultural Overlay, "ER" Neighborhood Commercial
Restricted, "ER/HC" Neighborhood Commercial Restricted/Historic & Cultural Overlay, "E" Neighbofiood
Commercial, "E/HC" Neighborhood Commercial/Historic & Cultural Overlay, and "FR" General
Commercial Restricted. Ordinance No. 17589 (ZC-07-086) did not reflect the correct lot and block
description for 732 and 734 East Mulkey Street. The case involved 865 parcels of which two need to be
corrected.
These properties are located in COUNCIL DISTRICT 8.
On August 9, 2007, the City Council approved a request to rezone property south of Hattie Street, west of
Exeter Street, north of East Rosedale Street, and east of Evans Avenue to add Historic & Cultural Overlay
and guidelines by reference. Ordinance No. 17699 (ZC-07-111) did not reflect the correct address, lot and
block description with historic and cultural overlay designation for certain properties. The case involved
856 parcels of which 15 need to be corrected.
These properties are located in COUNCIL DISTRICT 8.
On October 21, 2008, the City Council approved a request to rezone property at 3107 and 3109 North
Main Street to "PD/E" Planned Development for all uses in "E" Neighborhood Commercial plus hotel site
plan approved and attached as Exhibit 1. Ordinance No. 18339 (ZC-08-147) did not reflect the correct lot
and block description. The case involved four parcels of which one needs to be corrected.
This property is located in COUNCIL DISTRICT 2.
On November 11, 2008, the City Council approved a request to rezone property north of East Rosedale
Street, east of US Highway 287, and west of Beach Street to "A-5" One Family, "C" Medium Density
Multifamily, "E" Neighborhood Commercial, and "1" Light Industrial. Ordinance No. 18365 (ZC-08-167) did
not reflect the correct zoning description for 1200 Martin Luther King Freeway. The case involved 333
parcels of which one needs to be corrected.
This property is located in COUNCIL DISTRICT 8.
On December 2, 2008, the City Council approved a request to rezone property on the 9900 block of
Crowley Road to "A-5" One Family and "CF" Community Facilities. Ordinance No. 18390 (ZC-08-183) did
not reflect the correct metes and bounds description for 9901 Crowley Road. The case involved two
parcels of which one needs to be corrected.
This property is located in COUNCIL DISTRICT 6.
On August 18, 2009, the City Council approved a request to rezone property at 9601 Southwest Drive to
"PD/K" Planned Development for all uses in "K" Heavy Industrial plus concrete crushing and recycling site
plan approved and attached as Exhibit 1. Ordinance No. 18763 (ZC-09-072) did not reflect the correct
zoning case description. The case involved one parcel of which one needs to be corrected.
Logname: 06CORRECTION ORDINANCE 10 Page 2 of 3
This property is located in COUNCIL DISTRICT 6.
On September 1, 2009, the City Council approved a request to rezone property at the 4100 block of
Golden Triangle, 2766 Keller Hicks, and 10910 Old Denton to "R2" Townhouse/Cluster, "CF" Community
Facilities, and "E" Neighborhood Commercial. Ordinance No. 18785 (ZC-09-062) did not reflect the correct
zoning description for tracts 12A and 12C. The case involved eight parcels of which two need to be
corrected.
These properties are located in COUNCIL DISTRICT 2.
The ordinances correctly reflect the City Council's decisions and correct the errors.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that adoption of these ordinances will have no
material effect on City funds.
FUND CENTERS:
TO Fund/Account/Centers
FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office b~
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
Randle Harwood (6101)
Lynn Jordan (2495)
Logname: 06CORRECTION ORDINANCE 10 Page 3 of 3