HomeMy WebLinkAboutOrdinance 17433-03-2007ORDINANCE NO. 17433-03-2007
AN ORDINANCE AMENDING ORDINANCE NO. 17368 TO
REFLECT TIC CORRECT' METES AN® BOUNDS DESC~I2H"TION
FROM 10 ACRES TO 5 ACRES FOR ZONING CASE ZC-06-186,
PROPERTY LOCATED AT 7980 SOUTH FREEWAY; PROVIDING
THAT THIS ORDINANCE SI i .1 BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND
NAMING AN EFFECTIVE DATE
VV ]H:REAS, on January 9, 2007, the City Council approved a request in Case ZC-
06-186 to rezone property at 7980 South Freeway, from "F" General Commercial and
"G" Intensive Commercial to "PD/SU" Planned Development/Specific Use for all uses in
"G" Intensive Commercial, plus: equipment leasing with outside storage and display
along the IH35 frontage road, with the following provisions, with the site plan waived;
and
WHEREAS, the City Council voted to allow the provisions, but Ordinance No.
17368 incorporating the City Council's zoning decisions from the January 9, 2007,
meeting does not reflect the correct metes and bounds for the property; and
WHEREAS, it is advisable to amend Ordinance No. 17368 with regard to Case
No. ZC-06-186 only, in order to reflect the City Council's decision, and to incorporate
the correct metes and bounds;
NOW, 'IT~EEREFORE, BE IT ORDAIl~TED BY T'HE CITY COUNCIL OF T'HE
CITY OF FORT WORTH:
SECTION 1.
Ordinance No. 17368, an amendment to Ordinance 13896, is amended to correct
the decision for Case No. ZC-06-186 to reflect that the City Council decisions as follows:
ZC-06-186 4.92 Ac. +/- 7980 South Freeway
Zoning Chan~e.~
From: "F" General Commercial, and "G"Intensive Commercial
'To: "PD/SU" Planned DevelopmentlSpecific Use for all uses in "G"
Intensive Commercial, plus: equipment leasing with outside storage and
display along the IH35 frontage road, with tlae following provisions:
Site Plan waived
1. SCREENING: For equipment leasing with outside storage use, a
masonry wall, painted or stained in a neutral color, consisting of concrete
masonry units with a decorative cap at a height of no less than eight (8)
feet must be constructed along the north, west and south boundaries of the
Property. The east side of the facility will have screening consisting of
any of the following or combination of the following, with appropriate
openings for access: eight (8) foot masonry wall, decorative fencing, or
landscaping.
2. LANDSCAPING: For equipment leasing with outside storage use,
additional landscaping plantings of at least 25% more than required by
City ordinances for the landscaped frontage must be provided along the IH
35 Service Road.
3. ENTRANCES: For equipment leasing with outside storage use,
the Property may have only two entrances, being 40 feet in width each.
4. PAVING: Traffic areas within the Property will be paved per City
ordinances; nontraff c storage areas may not be paved.
5. EQUIPMENT DISPLAY: For equipment leasing with outside
storage use, no equipment shall be displayed at a height greater than
twenty (20) feet above ground surface and such display must be behind the
masonry wall required above.
6. SIGNAGE: Signage will comply with the City's current
ordinances. For equipment leasing with outside storage use, pole signs
shall not exceed forty-five (45) feet in height.
7. HOURS OF OPERATION: For equipment leasing with outside
storage use, hours of operation will be limited to 5:00 AM - 10:00 PM
between April 1 and September 30, and 6:00 AM - 10:00 PM between
October 1 and March 31.
2
8. NOISE AND EMISSIONS: Noise and emission levels shall
comply with federal, State and Local standards.
9. PROPERTY: The land subject to this planned development is an
approximate five (5) acre parcel of land more fully described in Exhibit
"A" which is attached hereto for all purposes.
Description:
Situated in the City if Fort Worth, Tarrant County, Texas, and being a tract of
land in the MARTIN P. SCOTT SURVEY, Abstract No. 1447, and being a
portion of that certain tract conveyed to Bradley Wayne, et al (85%) by deeds
recorded in Volume 4982, Page 655, and Volume 5028, Page 875, of the Tarrant
County Deed Records, and to D & KW Family, L. P. (15%) by deed recorded in
Volume 12237, Page 1665, of said Deed Records, and said portion being further
described as 10.63 acres in award of court cited in Cause No 141-183317-00,
141St Judicial District Court minutes, and said portion being more fully described
as follows:
BEGINNING at the southeast corner of Lot 2, Block 1, Home Depot Addition, as
shown on plat thereof recorded in Cabinet A, Slide 4283, of the Tarrant County
Plat Records, and the northeast corner of said 10.63 acre tract, said point being in
the east line of said Wayne and D & KW Family tract in the west line of Interstate
Highway 35W (I-35W);
THENCE with the east line of said 10.63 acre tract and said west line of I-35W,
South 2 degrees, 07 minutes, 55 seconds West 52.87 feet to an angle point in said
east and west line;
THENCE continuing with said east line of 10.63 acre tract and west line of I-
35W, South 2 degrees, 47 minutes East, 100.24 feet to an angle point in said east
and west line;
THENCE continuing with said east line of 10.63 acre tract and west line of I-
35W, South 0 degrees, 04 minutes West, 277.65 feet;
THENCE North 89 degrees, 46 minutes, 35 seconds West and parallel with the
north line of said 10.63 acre tract and south line of said Lot 2, Block 1, Home
Depot Addition, 500.0 feet;
THENCE North 0 degrees, 04 minutes East and parallel with the last above cited
course along I-35W, 430.58 feet to a point in said north line of 10.63 acre tract
and south line of said Lot 2;
3
THENCE South 89 degrees, 46 minutes, 35 seconds East with said north line of
10.63 acre tract and south line of said Lot 2, 492.99 feet to tl:e PLACE OF
BEGINNING, and containing 4.9293 acres (214,722 square feet).
SECTION 2.
This ordinance corrects Ordinance No. 17368 with regard to Case No. ZC-06-186
only.
SECTI®N 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.
SECTI®N 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,
4
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 maybe 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.
5
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: J~ (P (~~
Effective: -
CA~/ ®f F®l'~' Ili®l"~I1, T-G'J~faS
Mayor and Council Communication
_~ -.- _
COUNCIL ACTION: Approved on 3/6/2007 -Ordinance No. 17433-03-2007
DATE: Tuesday, March 06, 2007
LOG NAiVIE: 06CORRECT 17368
REFERENCE NO.: G-15623
SUBJECT:
Adopt Ordinance Correcting Ordinance No. 17368 to Reflect the Correct Metes and Bounds,
Concerning Zoning Case ZC-06-186, Property Located at 7980 South Freeway
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance correcting Ordinance No. 17368 to
reflect the correct metes and bounds for Zoning Case ZC-06-186, property located at 7980 South Freeway.
DISCUSSION:
On January 9, 2007, the City Council voted to approve a request to rezone property located at 7980 South
Freeway to Planned Development/Specific Use for all uses in "G" Intensive Commercial, plus: equipment
leasing with outside storage and display along the IH35 frontage road, provisions were made for: screening,
landscaping, entrances, paving, equipment display, signage, hours of operation, noise and emissions,
property, with the site plan waived.
However, Ordinance 17368 did not reflect the correct metes and bounds description. The attached
ordinance correctly reflects the Council's decision and corrects a publishing error.
The properly is located in COUNCIL DISTRICT 6.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that adoption of this ordinance will have no material effect of City funds.
TO Fund/AccountlCenters
FROM Fund/Account/Centers
Submitted for City Manager's Office b~
Originating Department Head:
Additional Information Contact:
Dale Fisseler (6140)
Bob Riley (8901)
Lynn Jordan (2495)
Logname: 06CORRECT 17368 Page 1 of 1