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Home My WebLink AboutOrdinance 19619-04-2011ORDINANCE NO. 19619-04-2011 AN ORDINANCE AMENDING ORDINANCE NO. 17589 TO REFLECT THE CORRECT LOT AND BLOCK INFORMATION FOR ZONING CASE ZC-07-010 AND ZC-07-086; 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 5, 2007, the City Council approved a request in Case No. ZC-07- 010 to rezone property located at 2800 Sandage Avenue, from "B" Two Family to "PD/SU" Planned Development/Specific Use for "MU-1" Low Intensity Mixed Use for residential uses; site plan waived and Case No. ZC-07-086 to rezone property located east of South Freeway, west of Cobb Park, south of Jessamine ,north of Berry Street from "A-5" One Family, "A- 5/HC" One Family/ Historic & Cultural Overlay, "B" Two Family, "B/HC" Two Family/Historic & Cultural Overlay, "CF" Community Facilities, "CF/HC" Community Facilities/Historic & Cultural Overlay, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, "I" Light Industrial, and "J" Medium Industrial 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; WHEREAS, the City Council voted to approve the above mentioned cases, but Ordinance No. 17589 incorporating the City Council's zoning decisions from the June 5, 2007, meeting does not reflect the correct lot and block information for ZC-07-010 and does not reflect the correct lot and block information for 732 and 734 East Mulkey Street of ZC-07-086; 1 Correction Ordinance 17589 WHEREAS, it is advisable to amend Ordinance No. 17589 with regard to Case No. ZC- 07-010 and ZC-07-086 only, in order to reflect the correct lot and block information; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: SECTION 1. Ordinance No. 17589, an amendment to Ordinance 13896, is amended to correct the zoning information for Case No. ZC-07-010 and Case No. ZC-07-086, as follows: ZC-07-010 2800 5andage Avenue Description: Lots 1 through 4, Block 14, Frisco Heights. Zoning Change: From: "B"Two Family To: "PD/SU" Planned Development/Specific use for "MU-1 "Low Intensity Mixed Use for residential uses; site plan waived. ZC-07-086 732 E. Mulkey Street Description: Lot E1/2 7, W1/2 8, Block 14, Ryan Southeast Addition. Zoning Change: From: "B/HC"Two Family/Historic & Cultural Overlay To: "A-S/HC"One Family/Historic & Cultural Overlay. ZC-07-086 734 E. Mulkey Street Description: Lot E 1 /2 6, W 1 /2 7, Block 14, Ryan Southeast Addition. 2 Correction Ordinance 17589 Zoning Change: From: "B/HC"Two Family/Historic & Cultural Overlay To: `A-5/HC"One Family/Historic & Cultural Overlay. SECTION 2. This ordinance corrects Ordinance No. 17589 with regard to Case No. ZC-07-O10 and Case No. ZC-07-086 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 3 Correction Ordinance 17589 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 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. 4 Correction Ordinance 17589 SECTION 8. 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 12, 2011 Correction Ordinance 17589 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACT{ON: Approved on 4/5/2011 - Qrd. Nos. 19616-04-2011, 19617-04-2011, ..19618-04-2011, 19619-042011, 19620-04-2011, 19621-04-2011, 19622-04-2011, 19623-04- 20'1, 19624-04-2011, 19625-04-2011 z~<= 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 CERTIFICATIONS: Submitted for City Manager's Office b~ Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Fernando Costa (6122) Randle Harwood (6101) Lynn Jordan (2495) Logname: 06CORRECTION ORDINANCE I O Page 3 of 3