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HomeMy WebLinkAboutOrdinance 24981-08-2021 ORDINANCE NO. 24981-08-2021 AN ORDINANCE AMENDING ORDINANCE NO. 23736-08-2019 TO REFLECT THE CORRECT ZONING INFORMATION FOR ZONING CASE ZC-19-103; 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 August 6, 2019, the City Council's zoning hearing agenda included Case No. ZC-19-103, a request to rezone property located at 8800-8100 blocks Monterra Boulevard from PD 710-A2 to Amend PD A-2 development standards to have a minimum 20 ft. setback adjacent to North Riverside Drive and North Tarrant Parkway, a maximum 20 ft. front yard setback along Monterra Boulevard right-of-way, to be developed to "C" Medium Density Multifamily, clarify 20% open space and include all previously approved development standards; site plan waived, and; WHEREAS, after public testimony was closed the Council voted to approve the requested rezoning for ZC-19-103; and WHEREAS, Ordinance No. 23736-08-2019 incorporating the City Council's zoning hearing decisions from the August 6, 2019 meeting does not reflect the correct metes and bounds information; and WHEREAS, it is advisable to amend Ordinance No. 23736-08-2019 with regard to Zoning Case No. ZC-19-103, only, in order to reflect the correct zoning information; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: August 6,2019 Correction Ord.23736-08-2019 Ordinance No.24981-08-2021 Page 1 of 5 SECTION 1. Ordinance No. 23736-08-2019 an amendment to Ordinance 21653, is amended to correct the zoning information for Case No. ZC-19-103, as follows: ZC-19-103 8000 — 8100 blocks Monterra Boulevard; 8200 blocks N. Riverside Drive 27.80 acres Zoning Change: From: PD 710 A2 To: Amend PD 710 A2 development standards to have a minimum 20 ft. setback adjacent to North Riverside Drive and North Tarrant Parkway, a maximum 20 ft.front yard setback along Monterra Boulevard right-of-way, to be developed to "C"Medium Density Multifamily, clarify 20% open space and include all previous development standards;site plan waived Description: Monterra by Hillwood,Block 2,Lot 3 and, Description Tract A-2 Being a tract of land situated in the William McCowen Survey, Abstract Number 999, Tarrant County, Texas, and being a portion of those tracts of land described in deed to Hillwood Multifamily Land, LP. (tract 2), recorded in Instrument Number D211298926, and AIL Investment LP. (tract 2), recorded in Instrument Number D211298925, both of County Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: Beginning at the northwest comer of said Tract 2, being in the south right-of-way line of Monterra Boulevard,recorded in Instrument Number D211298926,also being the northeast corner of Lot 2,Block 1, Monterra by Hillwood,an addition to the City of Fort Worth,recorded in Instrument Number D211290810, said County Records,being the beginning of a curve to the left; Thence continuing with said south right-of-way line the following bearings and distances: With said curve to the left an arc distance of 690.65 feet, through a central angle of 53°45'55", having a radius of 736.00 feet,the long chord which bears N 85'17'04"E,665.59 feet; N 58024'07"E,76.86 feet,to the beginning of a curve to the right; With said curve to the right, an arc distance of 139.98 feet, through a central angle of 17055'20", having a radius of 447.50 feet, the long chord which bears N 67021'448"E, 139.41 feet, to the beginning of a curve to the left; With said curve to the left, an arc distance of 42.66 feet, through a central angle of 06°06'40, having a radius of 400.00 feet, the long chord which bears N 73°16'03"E, 42.64 feet, to the beginning of a curve to the right; With said curve to the right, an arc distance of 218.69 feet, through a central angle of 19°25'36", having a radius of 644.99 feet,the long chord which bears N 79°55'34"E,217.65 feet; N 89038'17"E,2.48 feet; August 6,20I9 Correction Ord.23736-08-2019 Ordinance No.24981-08-2021 Page 2 of 5 Thence S 45°21'43"E,6.00 feet,departing said south right-of-way line; Thence S 00°26'24"E,494.42 feet; Thence S 89°06'16"W, 1134.76 feet; Thence N 00°46'10"W,280.00 feet; Thence N 22°10'23"E,40.35 feet to the Point of Beginning and containing 401,267 square feet or 9.212 acres of land more or less. SECTION 2. This ordinance corrects Ordinance No. 23736-08-2019 with regard to Case No. ZC- 19-103 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, August 6,2019 Correction Ord.23736-08-2019 Ordinance No.24981-08-2021 Page 3 of 5 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. 3011, 13896, 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. 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. August 6,2019 Correction Ord.23736-08-2019 Ordinance No.24981-08-2021 Page 4 of 5 SECTION 8. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: w'j'W"'y1w ��P a�7� Melinda Ramos, Assistant City Attorney Ronald P. Gonzalez, Acting City Secretary Adopted: Aujzust 10, 2021 Effective:keke r:i� O�� RT O.... U .jFXP,s August 6,2019 Correction Ord.23736-08-2019 Ordinance No.24981-08-2021 Page 5 of 5 City of Fort Worth, Texas Mayor and Council Communication DATE: 08/10/21 M&C FILE NUMBER: M&C 21-0545 LOG NAME: 06CORRECTION ORDINNANCE 23736 SUBJECT (CD 4)Adopt Ordinance Correcting Ordinance No.23736-08-2019,in Order to Correct the Legal Descrption from Previously Approved Zoning Case ZC-19-103,8000-8100 blocks Monterra Boulevard RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance correcting Ordinance No.23736-08-2019 to add the legal descriptions for ZC-19-103 as approved by the City Council. DISCUSSION: Staff occassionaly performs quality control checks on zoning case ordinances and the official map.A correction ordinance is needed for the following zoning case. On August 6,2019,the City Council approved a zoning change(Zoning Case ZC-19-103)to rezone property located at 8000-8100 blocks Monterra Boulevard to amend the development standards of PD 710-A2 to:to have a minimum 20 ft.setback adjacent to North Riverside Drive and North Tarrant Parkway;have a maximum 20 ft.front yard setback along Monterra Boulevard right-of-way;to be developed to"C"Medium Density Multifamily;to clarify 20%open space and include all previously approved development standards;site plan waived.Ordinance No. 23736-08-2019 incorporating the City Council zoning hearing decisions from the August 6,2019 inadvertantly ommitted one legal description from the zoning case information. It is advisable to amend Ordinance No.23736-08-2019 with regard to Zoning Case No.ZC-19-103,only in order to reflect the correct zoning information. 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: D.J. Harrell 8032 Additional Information Contact: Lynn Jordan 2309