HomeMy WebLinkAboutOrdinance 19618-04-2011ORDINANCE NO. 19618-04-2011
AN ORDINANCE AMENDING ORDINANCE NO. 16894 TO REFLECT
THE CORRECT ZONING INFORMATION FOR ZONING CASE ZC-06-
017; 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 April 11, 2006, the City Council approved a request in Case No. ZC-06-
017 to rezone property located at 8000 & 8080 West Cleburne Road, from "AG" Agricultural to
"PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial,
excluding the following: gasoline sales, package or liquor store, auto parts store with accessories,
massage & tattoo parlor. With a masonry wall and a 25' setback along the west property line; site
plan waived.;
WHEREAS, the City Council voted to approve the above mentioned case, but Ordinance
No. 16894 incorporating the City Council's zoning decisions from the April 11, 2006, meeting
does not include the correct zoning information for the property located at 8000 & 8080 West
Cleburne Road.;
WHEREAS, it is advisable to amend Ordinance No. 16894 with regard to Case No. ZC-
06-017 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. 16894, an amendment to Ordinance 13896, is amended to correct the
zoning information for Case No. ZC-06-017, as follows:
Correction Ordinance 16894
ZC-06-017 8000 & 8080 West Cleburne Road.
Zoning Change:
From: "AG"Agricultural
To: "PD/SU" Planned Development/Specific use for all uses in "E"
Neighborhood Commercial excluding the following: gasoline sales, package or
liquor store, auto parts store with accessories, check cashing store, pawn shop,
massage or tattoo parlor, 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.
Description:
Being a tract of land situated in the Isabel Flores Survey, Abstract Number 507, Tarrant County,
Texas, and being a portion of that certain tract of land described by deed to W. Coulsting and
wife Nellie, as recorded in Volume 2804, Page 479, Deed Records, Tarrant County, Texas, and
being more particularly described by metes and bounds as follows:
Beginning at a 5/8" iron rod with plastic cap stamped "Carter & Burgess" set at the northeast
corner of Lot 33, Block 18, Columbus Heights Addition to the City of Fort Worth, as recorded in
Cabinet A, Slide 6443, Plat Records, Tarrant County, Texas, and being in the south right-of--way
line of Columbus Trail (a variable width right-of--way);
Thence S 89°57'00"E, 395.16 feet along the south right-of--way line of said Columbus Trail to a
5/8" iron rod with plastic cap stamped "Carter & Burgess" set at the beginning of a curve to the
right;
Thence continuing along the south right-of--way line of said Columbus Trail and with said curve
to the right, through a central angle of 06°37'10", having a radius of 150.00 feet, the long chord
of which bears S 86°38'26"E, 17.32 feet, an arc distance of 17.33 feet to a''/2" iron rod found at
the beginning of a reverse curve to the left;
Thence continuing along the south right-of--way line of said Columbus Trail and with said
reverse curve to the left, through a central angle of 06°37'10", having a radius of 150.00 feet, the
long chord of which bears S 86°38'26"E, 17.32 feet, an arc distance of 17.33 feet to a''/z" iron rod
found;
Thence S 89°57'00"E, 201.05 feet continuing along the south right-of--way line of said Columbus
Trail to a 5/8" iron rod with plastic cap stamped "Carter & Burgess" set at the intersection of the
south right-of--way line of said Columbus Trail and the west right-of--way line of Hulen Street (a
120' right-of--way);
2 Correction Ordinance 16894
Thence S 00°03'00"W, 268.20 feet along the west right-of--way line of said Hulen Street to a 5/8"
iron rod with plastic cap stamped "Carter & Burgess" set at the beginning of a curve to the right;
Thence continuing along the west right-of--way line of said Hulen Street and with said curve to
the right, through a central angle of 24°52'03 ", having a radius of 1140.00 feet, the long chord of
which bears S 12°29'02"W, 490.91 feet, an arc distance of 494.78 feet to a 5/8" iron rod with
plastic cap stamped "Carter & Burgess" set;
Thence S 24°55'03"W, 74.10 feet continuing along the west right-of--way line of said Hulen
Street to a 5/8" iron rod with plastic cap stamped "Carter & Burgess" set at the beginning of a
curve to the left;
Thence continuing along the west right-of--way line of said Hulen Street and with said curve to
the left, through a central angle of 24°56'22", having a radius of 1260.00 feet, the long chord of
which bears S 12°26'52"W, 544.13 feet, an arc distance of 548.45 feet to a 5/8" iron rod with
plastic cap stamped "Carter & Burgess" set;
Thence S 00°01'18"E, 367.65 feet continuing along the west right-of--way line of said Hulen
Street to a 5/8" iron rod with plastic cap stamped "Carter & Burgess" set at the northeast corner
of Lot 23, Block A, Stone Meadow Addition to the City of Fort Worth, as recorded in Cabinet A,
Slide 6107, Plat Records, Tarrant County, Texas;
Thence N 89°44'42"W, 376.08 feet along the north line of said Block A, Stone Meadow Addition
to a '/2" iron rod found at the southeast corner of Lot 17, Block 17, said Columbus Heights
Addition;
Thence N 00°00'00"W, 1714.57 feet along the east line of said Columbus Heights Addition to
the POINT OF BEGINNING and containing 19.466 acres of land, more or less
SECTION 2.
This ordinance corrects Ordinance No. 16894 with regard to Case No. ZC-06-017 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
3 Correction Ordinance 16894
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.
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
4 Correction Ordinance 16894
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:
u' 1
~~~~.~.
Assistant City Attorney
Adopted and Effective: April 5, 2011
5 Correction Ordinance 16894
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/5/2011 -Ord. Nos. 196.16-04-2fs11, 19617-04-2011,
19618-04-2011, 19619-04-2011,..19620-04-2011, 19621-04-2011, 19622-042011, 19623-04
2011`, 19624-04-2011, 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" Neighborhood
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 "I" 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 Manag_er's Office b~ Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Lynn Jordan (2495)
Logname: 06CORRECTION ORDINANCE I O Page 3 of 3