HomeMy WebLinkAboutOrdinance 24041-02-2020 ORDINANCE NO. 24041-02-2020
AN ORDINANCE AMENDING ORDINANCE NO. 23717-06-2019 TO ADD
ZONING DISTRICT INFORMATION FOR ZONING CASE ZC-19-088;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE AND
NAMING AN EFFECTIVE DATE
WHEREAS, on June 25, 2019, the City Council's zoning hearing agenda included Case
No. ZC-19-088, a request to rezone property located at 9915 Crowley Road, from: "R1" Zero
Lot Line/Cluster and "A-5" One-Family to: "D" High Density Multifamily and "F" General
Commercial, and;
WHEREAS, after public testimony was closed the Council voted to approve a motion to
amend the requested rezoning to: "A-5" One-Family; and
WHEREAS, Ordinance No. 23717-06-2019 incorporating the City Council's zoning
hearing decisions from the June 25, 2019 meeting inadvertently left out zoning case ZC-19-088
as it was amended and approved by the City Council; and
WHEREAS, it is advisable to amend Ordinance No. 23717-06-2019 to add, in
accordance with the approval by the City Council on June 25, 2019,Zoning Case No. ZC-19-088
to memorialize the rezoning of the property to "A-5"One-Family;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH:
SECTION 1.
Ordinance No. 23717-06-2019 an amendment to Ordinance 21653, is amended to include
the zoning district for Case No. ZC-19-088, as follows:
June 25,2019 Correction Ord. 23717-06-2019 Ordinance No.24041-02-2020
Page 1 of 5
ZC-19-088 9915 Crowley Road 16.88 acres
Zoning Change:
From: "RI"Zero Lot Line/Cluster and "A-5"One-Family
To: "A-5"One-Family
Description Tract 1
BEING 4.213 ACRES TRACT OF LAND SITUATED IN CHARLES MARTIN SURVEY, ABSTRACT NO.
1022, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF A CALLED 149.364 ACRES TRACT OF
LAND CONVEYED TO B.N. DEVELOPMENT COMPANY, INC. BY DEED RECORDED IN VOLUME 15346,
PAGE 311, DEED RECORDS OF TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A 1/2 INCH IRON ROD FOUND AT THE CORNER INTERSECTION OF THE WEST
RIGHT-OF-WAY LINE OF CROWLEY ROAD(FARM TO MARKET HIGHWAY NO. 731)AND THE NORTH
RIGHT-OF-WAY LINE OF NORTH CROWLEY CLEBURNE ROAD (COUNTY ROAD NO. 1075), SAID
POINT ALSO BEING THE SOUTHEAST CORNER OF A 1.950 ACRES TRACT OF LAND CONVEYED TO
PAUL D. WELLS BY INSTRUMENT NO. D206176316, DEED RECORDS,TARRANT COUNTY,TEXAS;
THENCE SOUTH 82018'01" EAST, CROSSING THE SAID CROWLEY ROAD A DISTANCE OF 123.06 FEET
TO A 1/2 INCH CAPPED IRON ROD (JDZ RPLS 2490) FOUND AT THE SOUTHWEST CORNER OF SAID
149.364 ACRES TRACT ON THE EAST RIGHT-OF-WAY LINE OF SAID CROWLEY ROAD, AT THE
BEGINNING OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 2805.00 FEET AND A CHORD
BEARING AND DISTANCE OF NORTH 04019'14" WEST,40.12 FEET;
THENCE NORTHERLY, ALONG SAID CURVE AND SAID RIGHT-OF-WAY LINE, THROUGH A
CENTRAL ANGLE OF 00049'11", AN ARC DISTANCE OF 40.12 FEET TO A 5/8 INCH CAPPED IRON ROD
WITH APLASTIC CAP STAMPED "TNP" (HEREAFTER REFERRED TO AS A 5/8 INCH CAPPED IRON
ROD "TNP") FOUND AT THE POINT OF BEGINNING FOR THE TRACT HEREIN DESCRIBED, SAID
POINT BEING THE BEGINNING OF ANOTHER CURVE TO THE RIGHT, HAVING A RADIUS OF 2805.00
FEET AND A CHORD BEARING AND DISTANCE OF NORTH 01 057'29" WEST, 191.14 FEET;
THENCE NORTHERLY, ALONG SAID CURVE AND SAID RIGHT-OF-WAY LINE, THROUGH A
CENTRAL ANGLE OF 03054'18",AN ARC DISTANCE OF 191.18 FEET TO A 5/8 INCH CAPPED IRON ROD
(DUNAWAY)FOUND AT THE END OF SAID CURVE;
THENCE NORTH 00006'32" EAST, CONTINUING WITH SAID RIGHT-OF-WAY LINE, A DISTANCE OF
702.95 FEET TO A 5/8 INCH CAPPED IRON ROD "TNP", FOUND AT THE NORTHWEST CORNER OF THE
TRACT HEREIN DESCRIBED;
THENCE NORTH 89017'04" EAST, DEPARTING SAID RIGHT-OF-WAY LINE,A DISTANCE OF 87.74 FEET
TO A 5/8 INCH CAPPED IRON ROD "TNT" FOUND AT THE BEGINNING OF A CURVE TO THE LEFT,
HAVING A RADIUS OF 1000.00 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 86000,51"
EAST, 114.09 FEET;
THENCE NORTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 06032'25", AN ARC
DISTANCE OF 114.15 FEET TO A POINT FOR CORNER;
THENCE SOUTH 00021'53" EAST, A DISTANCE OF 903.70 FEET TO A POINT FOR THE SOUTHEAST
CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE NORTH 89048'25" WEST, A DISTANCE OF 200.74 FEET TO THE PLACE OF BEGINNING AND
CONTAINING 4.213 ACRES OF LAND,MORE OR LESS.
June 25,2019 Correction Ord. 23717-06-2019 Ordinance No.24041-02-2020
Page 2 of 5
Description Tract 2
BEING A 12.6774 TRACT OF LAND SITUATED IN CHARLES MARTIN SURVEY, ABSTRACT NO. 1022,
TARRANT COUNTY, TEXAS, AND BEING A PORTION OF A CALLED 149.364 ACRES TRACT OF LAND
CONVEYED TO B.N. DEVELOPMENT COMPANY, INC. BY DEED RECORDED IN VOLUME 15346, PAGE
311, DEED RECORDS OF TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A 1/2 INCH IRON ROD FOUND AT THE CORNER INTERSECTION OF THE WEST
RIGHT-OF-WAY LINE OF CROWLEY ROAD(FARM TO MARKET HIGHWAY NO. 731)AND THE NORTH
RIGHT-OF-WAY LINE OF NORTH CROWLEY CLEBURNE ROAD (COUNTY ROAD NO. 1075), SAID
POINT ALSO BEING THE SOUTHEAST CORNER OF A 1.950 ACRES TRACT OF LAND CONVEYED TO
PAUL D.WELLS BY INSTRUMENT NO. D206176316,DEED RECORDS,TARRANT COUNTY,TEXAS;
THENCE SOUTH 820I8'01" EAST, CROSSING THE SAID CROWLEY ROAD A DISTANCE OF I23.06 FEET
TO A 1/2 INCH CAPPED IRON ROD (JDZ RPLS 2490) FOUND AT THE SOUTHWEST CORNER OF SAID
149.364 ACRES TRACT ON THE EAST RIGHT-OF-WAY LINE OF SAID CROWLEY ROAD, AT THE
BEGINNING OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 2805.00 FEET AND A CHORD
BEARING AND DISTANCE OF NORTH 04019'14" WEST,40.I2 FEET;
THENCE NORTHERLY, ALONG SAID CURVE AND SAID RIGHT-OF-WAY LINE, THROUGH A
CENTRAL ANGLE OF 00049'11", AN ARC DISTANCE OF 40.12 FEET TO A 5/8 INCH CAPPED IRON ROD
WITH APLASTIC CAP STAMPED "TNP" (HEREAFTER REFERRED TO AS A 5/8 INCH CAPPED IRON
ROD "TNP")FOUND FOR CORNER;
THENCE SOUTH 89048'25" EAST,A DISTANCE OF 200.74 FEET TO THE POINT OF BEGINNING FOR THE
TRACT HEREIN DESCRIBED, SAID POINT BEING AT THE SOUTHWEST CORNER OF THE TRACT
HEREIN DESCRIBED;
THENCE NORTH 00021'53" WEST, A DISTANCE OF 903.70 FEET TO A POINT AT THE BEGINNING OF A
CURVE TO THE LEFT, HAVING A RADIUS OF 1000.00 FEET AND A CHORD BEARING AND DISTANCE
OF NORTH 69023'03"EAST, 462.13 FEET;
THENCE NORTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 26043'12", AN ARC
DISTANCE OF 466.35 FEET TO A 5/8 INCH CAPPED IRON ROD "TNT" FOUND AT THE END OF SAID
CURVE;
THENCE NORTH 55022'07" EAST, A DISTANCE OF 46.18 FEET TO A 1/2 INCH CAPPED IRON ROD (JDZ
RPLS 2490) FOUND AT THE BEGINNING OF A CURVE TO THE RIGHT, HAVING A RADIUS OF I280.00
FEET AND A CHORD BEARING AND DISTANCE OF NORTH 64002'40" EAST,386.17 FEET;
THENCE NORTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 17021'07", AN ARC
DISTANCE OF 387.65 FEET TO A 5/8 INCH CAPPED IRON ROD "TNT" FOUND AT THE END OF SAID
CURVE,AT THE NORTHEAST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE SOUTH 2I04I'25" WEST, A DISTANCE OF 1358.92 FEET TO A 5/8 INCH CAPPED IRON ROD
"TNP", FOUND AT THE SOUTHEAST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE NORTH 89048'25" WEST, A DISTANCE OF 309.76 FEET TO THE PLACE OF BEGINNING AND
CONTAINING 12.6774 ACRES OF LAND, MORE OR LESS.
SECTION 2.
This ordinance corrects Ordinance No. 23717-06-2019 with regard to Case No. ZC-19-088
only.
June 25,2019 Correction Ord. 23717-06-2019 Ordinance No.24041-02-2020
Page 3 of 5
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 Nos. 13896 and 21653 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.
June 25,2019 Correction Ord. 23717-06-2019 Ordinance No.24041-02-2020
Page 4 of 5
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 8.
This ordinance shall take effect upon adoption and publication as required by law.
A►PP VED AS TO RM AND LEGALITY:
By:
Assistant City Attorney J. ayser, City Secretary
Adopted: February 18, 2020
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June 25,2019 Correction Ord. 23717-06-2019 Ordinance No.24041-02-2020
Page 5 of 5
City of Fort Worth,Texas
Mayor and Council Communication
DATE: 02/18/20 M&C FILE NUMBER: M&C 20-0070
LOG NAME: 06CORRECTION ORDINANCE 23717
SUBJECT
Adopt Ordinance Correcting Ordinance No.23717-06-2019,to add Zoning Case ZC-19-088,9915 Crowley Road and the Metes and Bounds
Description and Zoning District(COUNCIL DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance correcting Ordinance No.23717-06-2019 to add clarifying zoning district
information and legal descriptions for ZC-19-088 as approved by the City Council.
DISCUSSION:
On June 25,2019,the City Council's zoning hearing agenda included Case No.ZC-19-088,a request to rezone property located at 9915 Crowley
Road,from:"RV Zero Lot Line/Cluster and"A-5"One-Family to:"D"High Density Multifamily and"F"General Commercial.After public testimony
was closed the Council voted to approve a motion to amend the requested zoning to"A-5"One-Family.Ordinance No.23717-06-2019
incorporating the City Council's zoning hearing decisions from the June 25,2019 meeting inadvertently left out zoning case ZC-19-088 as it was
amended and approved by the City Council.
It is advisable to amend Ordinance No.23717-06-2019 to add Zoning Case No.ZC-19-088 to clarify the rezoning of the property to"A-5"One-
Family.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that adoption of this ordinance will have no material effect on City Funds.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: Randle Harwood 6101
Additional Information Contact: Lynn Jordan 2495