The URL can be used to link to this page

Home My WebLink AboutOrdinance 8873 ORDINANCE NO. AN ORDINANCE CORRECTING AND AMENDING ORDINANCE NO. 8215, BEING AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF FORT WORTH (ORDINANCE NO. 3011, AS AMENDED, SAME BEING AN ORDINANCE DIVIDING THE MUNICIPALITY INTO DISTRICTS FOR THE PURPOSE OF REGULATING AND RESTRICT- ING THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES AND SHOW- ING SUCH DISTRICTS AND THE BOUNDARIES THEREOF UPON AN OFFICIAL ZONING MAP), BY CORRECTING THE ERRONEOUS ZONING CLASSIFICATION OF LOT 3-H, BLOCK 32, HYDE-JENNINGS SUBDI- VISION OF THE CITY OF FORT WORTH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND EN- ROLLMENT; AND NAMING AN EFFECTIVE DATE. WHEREAS, on August 13, 1980, Sam Frankenfield appeared before the Zoning Commission of the City of Fort Worth for a change in zon- ing on Lot 3-H, Block 32, Hyde-Jennings Subdivision (2700 block of Sandy Lane at Beaty Street) from "A" One Family to "CR" Restricted Apartment, which application was subsequently amended at the public hearing of the Zoning Commission to request "B" Two Family zoning instead of "CR" Restricted Apartment zoning on said parcel, said zoning case being docketed as Z-80-113; and WHEREAS, on September 10, 1980, the Zoning Commission voted to recommend denial of Z-80-113 to the City Council; and WHEREAS, on October 14, 1980, the City Council voted to set Zoning Case Z-80-113 for a special hearing on November 12, 1980, for further consideration; and WHEREAS, on November 12, 1980, prior to said special hearing, the applicant, Sam Frankenfield, did formally withdraw his applica- tion for a zoning change on said parcel, which withdrawal was con- sented to by the City Council during the public hearing; and WHEREAS, at said hearing on November 12, 1980, the City Council did adopt an ordinance approving a change in zoning on several tracts of land within the City, which zoning changes had first been duly considered by the City Council at said public hearing, said ordinance being on file in the office of the City Secretary of the City of Fort Worth as Ordinance No. 8215; and WHEREAS, due to a typographical error in Ordinance No. 8215, zoning case Z-80-113 was inadvertently included in the list of tracts to be rezoned, thereby erroneously reflecting a change in the zoning classification on Lot 3-H, Block 32, Hyde-Jennings Subdivision; and WHEREAS, the official zoning map was thereafter amended to re- flect this erroneous change in zoning on said lot; and WHEREAS, no consideration of Zoning Case Z-80-113 was ever held by the City Council at a public hearing as required by Article 1011d, Revised Civil Statutes of Texas; and WHEREAS, the City Council now desires to enact an ordinance to correct these errors and to clarify that Lot 3-H, Block 32, Hyde- Jennings Subdivision, is still zoned "A" One Family; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. Ordinance No. 8215, a copy of which is attached hereto, marked Exhibit "A" and expressly incorporated herein, is hereby amended by deleting therefrom all reference to Zoning Case Z-80-113, Lot 3-H, Block 32, Hyde-Jennings Subdivision (2700 block Sandy Lane at Beaty Street), so as to reflect that no change of zoning occurred on said lot pursuant to said ordinance. It is further ordained that at all times since the adoption of ordinance No. 8215, Lot 3-H, Block 32, Hyde-Jennings Subdivision, has remained zoned "A" One Family. All other zoning changes reflected in Ordinance No. 8215 are accurate and shall not be affected or altered by this ordinance. SECTION 2. The Building official is hereby directed to revise the official zoning map of the City of Fort Worth to reflect that Lot 3-H, Block 32, Hyde-Jennings Subdivision, is zoned "A" one Family. -2- SECTION 3. 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 pro- visions of this ordinance. SECTION 4. All rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations or Ordinance No. 3011 or of any amendments thereto of said City of Fort Worth, Texas, that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations, the court shall have all of the powers which existed prior to the effective date of this ordinance. SECTION 5. 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 ordi- nance, 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 6. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption in the minutes of the City Council and by filing the ordinance in the ordi- nance records of the City. -3- SECTION 7. This ordinance shall become effective and be in full force and effect from and after the date of its passage, and it is so or- dained. APPROVED AS TO FORM nD LEGALITY: City Attorney Date: % ADOPTED: -,2 3 EFFECTIVE: -4- MA>i MILE-I_ 0. r City of Fort Worth, Texas CITY MANAGER-1 Mayor j Council Communication /� ACCOUNTING-2 J�/j ,/']/� /or and d (i ,fT1�► 11�N11 ,f�/A l/ (( omm q nic�1"JJ t ®n TRANSPORTATIONIPUBLIC WOMM-11 l�L/// U �..![�U U/�ttLLLWWW V�1�1./`1NV 0(l��[.�(Ll{i �J (L�IV Il..![� (L DEVELOPMENT-! DATE REFERENCE SUBJECT: Correcting Erroneous Zoning PAGE NUMBER Classification on Lot 3-H, Hyde- LAw-1 7/26/83 **G-5693 Jennings Subdivision 1 of--1 BUILDING DIVISION-3 On July 21, 1980, Sam Frankenfield applied for a change in zoning on property FLANNING-1 known as Lot 3-H, Block 32, Hyde-Jennings Subdivision, in the City of Fort Worth from "A" One Family to "CR" Restricted Apartment, which application was subse- quently amended to request "B" Two Family zoning instead of "CR" Restricted Apartment. This zoning application (Z-80-113) was denied by the Zoning Commis- sion and upon appeal was set for consideration by the City Council at a special hearing on November 12, 1980. Due to heavy opposition, Z-80-113 was withdrawn by the applicant prior to its consideration, yet later at the same hearing the City Council adopted an ordi- nance (Ordinance No. 8215) which erroneously included Z-80-113 in a list of cases which had been approved for a zoning change. Pursuant to this ordinance, the official zoning map was also erroneously changed to show that the zoning on Lot 3-H had been changed to "B" Two Family. This error went unnoticed until the June 29, 1983, hearing of the City Plan Commission, at which time neighbors who had protested the earlier zoning change also protested a replatting of the property for duplex development. Since no public hearing was held by the City Council on the subject zoning change as required by Article 1011g, Revised Civil Statutes of Texas, the City Attorney has determined that the erroneous zoning change was ineffective, and that the zoning on the subject property has remained "A" One Family. However, due to the confusion that has resulted over this situation, it is recommended that the City Council take formal action to clarify the current zoning status of the property. Recommendation: It is recommended that the City Council adopt the attached ordinance amending Ordinance No. 8215 by deleting the erroneous change in zoning on Lot 3-H, Block 32, Hyde-Jennings Subdivision, and directing the Building Official to re- vise the official zoning map to show that the subject property is zoned "A" One Family. APPROVED BY WO:it CITY COUNCIL aQ) 7;;�A( JUL 26 1983 City Secretary 0_ .ue city of Em w , SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFIOF BY: APPROVED ORIGINATING OTHER (DESCRIBE) DEPARTMENT HEAD: Wade Adkins An CITY SECRETARl FOR ADDITIONAL INFORMATION J CONTACT: Wayne Olson Ext. 7617 DATE Q2D00-002A , k City of Fort Worth, Texas REVIEW 81 APPROVAL RECOMMENDED M&C COMMUNICATION (Indic:to required reviews by ElPrepared by Date Department ❑ (Depertarnt fled)Date 1 Page i Reviewed by D.v Law I 7/15/83 Recommended by' Of 2 ❑ Date (Board or Cosmission) Subject: ❑Approved by_ Date CORRECTING ERRONEOUS ZONING CLASSIFICATION El Approved by (Grant Review Connittee) Date ON LOT 3-H, BLOCK 32, HYDE-JENNINGS (ACQO�`ing) Dale roved by SUBDIVISION (0 fi o Mina en r ices) L.6 Approved b Daee ❑ (Department of Law a� �+ O�Approved by pl�'i— Date —— (Assistant City Manager) / �13 Deadline _ Edited by For additional information 1 O Z__ On July 21, 1980, Sam Frankenf ield applied for a change in zoning on property known as Lot 3-H, Block 32, Hyde-Jennings Subdivision, in the City of Fort Worth from "A" One Family to "CR" Restricted Apartment, which application was subse- quently amended to request "B" Two Family zoning instead of "CR" Restricted No op Apartment. This zoning application (Z-80-113) was denied by the Zoning Commis- sion and upon appeal was set for consideration by the City Council at a special hearing on November 12, 1980. Due to heavy opposition, Z-80--113 was withdrawn by the applicant prior to its consideration, yet later at the same hearing the City Council adopted an ordi- nance (Ordinance No. 8215) which erroneously included Z-80-113 in a list of cases which had been approved for a zoning change. Pursuant to this ordinance, the official zoning map was also erroneously changed to show that the zoning on Lot 3-H had been changed to "B" Two Family. This error went unnoticed until the June 29, 1983, hearing of the City Plan Commission, at which time neighbors who had protested the earlier zoning change also protested a replatting of the property for duplex development. Since no public hearing was held by the City Council on the subject zoning change as required by Article 1011g, Revised Civil Statutes of Texas, the City Attorney has determined that the erroneous zoning change was ineffective, and that the zoning on the subject property has remained "A" One Family. However, 1j rl'el -'1'5 4- 46 -106 °00'CAa2° Of ' RECOMMENDED M&C COMMUNICATION (continued) Of due to the confusion that has resulted over this situation, it is recommended that the City Council take formal action to clarify the current zoning status of the property. Recommendation: It is recommended that the City Council adopt the attached ordinance amending Ordinance No. 8215 by deleting the erroneous change in zoning on Lot 3-H, Block 32, Hyde-Jennings Subdivision, and directing the Building Official to re- vise the official zoning map to show that the subject property is zoned "A" One Family. WO:it Amendment to M&C G-5693 City Council Motion included waiving the fee for a zoning application to be submitted on Lot 3-H, Block 32, Hyde-Jennings Subdivision and instructed that the case be scheduled for the next meeting of the Zoning Commission. Law 7/15/83 2 CORRECTING ERRONEOUS ZONING CLASSIFICATION ON LOT 3-M, BLACK 32, HYDE-JENNINGS SUBDIVISION On July 21, 1980, Sam Frankenf iold applied for a change in zoning on property known as Lot 3-H, Block 32. Hyde-Jennings Subdivision, in the City of Fort Worth from "A" One Family to "CR" Restricted Apartment, which application was subas- quently amended to request "B" Two Family zoning instead of "CR" Restricted Apartment., This seeing application (E-W113) was denied by the Toning Commis- aion and upon appeal was set for eonsideration by the City Council at a special hearing on November 12, 1980. Age to heavy opposition, Z-80-113 was withdrawn by the applicant prior to its consideration, yet later at the same hearing the City Council adopted an ordi- nance (Ordinance No. 8215) which erroneously included Z-80-113 In as list of cases which had been approved for a zoning change. Pursuant to this ordinance, the official zoning map was also erroneously changed to show that the zoning on Lot 3-V had been changed to "B" Two Fandly. This error went unnoticed until the June 29, 19R3, gearing of the City plan Commisaion, at which time taaaighbors who had protested the earlier zoning change also protested a roplatting of the property for duplex developm art. Since no public hearing was held by the City Council on the subject zoning thange as required by Article 1011g, Revised Civil Statutes of Texas, the City Attorney has determined that the erroneot s toasting change was ineffective, and that the zoning on the subject property has remained "A" One family. However, 1 2 dose to the coufusion that has resulted over this oltaation, it is recommended that the City Council take forrAl action to clarify the curreet tossing status of the property. Reco ndationa It is xeconded that the City Council adopt the attached ordinance anding Ordinance No. 8215 by deletiag the erroneous change is zoning on Lot 5-9, Slack 32, Hyde-►Jeneings Subdivision, and directivq the Building Official to re- vise the official zoning map to show that the subject property is zoned "A" Out Fa nd ly. w0tit