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HomeMy WebLinkAboutOrdinance 17060-07-2006ORDINANCE NO. 17a6aa'~-2aa6 AN ORDINANCE AMENDING ORDINANCE NO. 16$94 TO ALLOW PACKAGE OR LIQUOR STORES AS AN ALLOWED USE AND TO EXCLUDE GASOLINE SALES, CHECK CASHING STORES, DISCOUNT TODACCO STORES, AND PAWN SHOPS AS PERMITTED USES; TO REQUIRE THE CONSTRUCTION OF A SIX FOOT MASONRY WALL, A TWENTY FOOT SETBACK ALONG THE WEST PROPERTY LINE AND NOT TO EXTEND MARGUERITE LANE FROM THE CURRENT STUB OUT FOR ZONING CASE ZC-a6-a17; PROVIDING THAT THIS ORDINANCE SHALL DE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERAI3ILITY CLAUSE; PROVIDING FOR PUBLICATION; AND NAMING AN EFFECTIVE DATE WI-IEREAS, an April 11, 2006, the City Council approved a request in Case No. ZC-D6-017 to rezone property at $000 & 80$0 West Cleburne Road, from "AG" Agricultural to Planned Development/Specific Use far all uses in "E" Neighborhood Commercial excluding gasoline sales, auto parts stores with accessories, massage and tattoo parlors, pawn shops, and require a six foot masonry wall and a twenty foot setback along the west property line, and not to extend Marguerite Lane from the current stub out, with a waiver of the site plan; WHEREAS, the City Council voted to allow package or liquor stores as a use and requite a twenty foot setback along the west property line, but Ordinance Na. 16$94 incozporating the City Council's zoning decisions from the April 11, 200b, meeting does not reflect package or liquor stores or the twenty foot setback along the west property line, WHEREAS, it is advisable to amend Ordinance No. 16$94 with. regard to Case No. ZC-D6-017, only, in order to reflect the City Council's decision to allow package or liquor stares as an allowed use, but exclude gasoline sales check cashing store, pawn shop, discount tobacco store as allowed uses and require a six foot masonry wall on ar adjacent to the common property line and a twenty foot setback along the west property line and eat to extend Marguerite Lane froze the current stub out; NO~V, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: SECTION L Ordinance No. 1.6894, an amendment to Ordinance 13 $96, is amended to correct the deczsion for Case No. ZG06-017 to reflect that the City Council decisions as follows: ZC-OG~Ol.7 $000 ~ SOSO Nest Cleburne R©ad Zoning Chun~e: From: "AG" Agricultural. To: {19.46 ac.) "PD/SU" Planned DevelopmentlSpecifrc Use far all uses in "E" Neighborhood Commercial; and excluding the following Gasoline Sales, Massage & Tattoo Parlor, Pawn Shop, Discount Tobacco Store, Check Cashing Store and Auto Parts Store, with accessories. A six foot masonry wall on ar adjacent to the comzxzon property line, a twenty foot set back along the west property line and not to extend 1Vlarquerite Lane from the current stub out. Site plan waived. Description: BEING a tract of land situated in the Isabel Flores Survey, Abstract Number 507, Tarrant County, Texas, and being a portion of that certain tract of land described by deed to W. Coulsting and wife Nellie, as recorded in Volume 2$04, Page 479, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/S" iron rod with plastic cap stamped "Carter & Burgess" set at the northeast corner of Lat 33, Black 18, Columbus Heights Addition to the City of Fort Worth, as recorded in Cabinet A, Slide 6443, Plat Records, Tarrant County, Texas, and being in the south right~o~ way line of Columbus Trail (a variable width right-of way); 2 THENCE S 89°57'00"E, 395.16 feet along the south right-of way line of said Columbus Trail to a 518" iron rod with plastic cap stamped "Carter & Burgess" set at the beginning of a curve to the right; THENCE continuing along the south right-of--way line of said Columbus Trail and with said curve to the right, through a central angle of 06°37'10", having a radios of 150.00 feet, the long chard of which bears S 86°3$'2b"E, 17.32 feet, an arc distance of 17.33 feet to a ~/z" iron rod found at the beginning of a reverse curve to the left; THENCE continuing along the south right-of way line of said Columbus Trail and with said reverse curve to the left, through a central angle of 06°37'10", having a radius of 150.00 feet, the long chord of which bears S 86°38'26"E, 17.32 feet, an arc distance of 17.33 feet to a '/2" iron rod found; THENCE S 89°57'00"E, 201.05 feet continuing along the south right-of- way line of said Columbus Trail to a 5/S" iron rod with plastic cap stamped "Carter & Burgess" set at the intersection of the south right-af way line of said Columbus Trail and the west right-of way line of Hulen Street (a 120' right-af-way); THENCE S 00°03'00"W, 268.20 feet along the west right-of--way line of said Hulen Street to a 518" iron rod with plastic cap stamped "Carter & Burgess" set at the beginning of a curve to the right; THENCE continuing along the west right-of--way line afi said Hulen Street and with. said curve to the right, through a central angle of 24°52'03", having a radius of 1140.00 feet, the long chard of which bears S 12°29'02"W, 490.91 feet, an arc distance of 494.78 feet to a 518" iron rod with plastic cap stamped "Carter & Burgess" set; THENCE S 24°55'03"W, 74.10 feet continuing along the west right-of- way line of said Hulen Street to a 518" iron rod with plastic cap stamped "Carter & Burgess" set at the begizuaing of a curve to the left; THENCE continuing along the west right-af way line of said Hulen Street and with said curve to the left, through a central angle of 24°56'22", having a radius of 1260.00 feet, the long chord of which bears S 12°26'52"W, 544.13 feet, an arc distance of 548.45 feet to a 518" iron rod with plastic cap stamped "Caarf:er & Burgess" set; THENCE S 00°01'18"E, 367.65 feet continuing along the west right-of way line of said Hulen Street to a 518" iron rod with plastic cap stamped "Carter & Burgess" set at the northeast corner of Lot 23, Blaclc A, Stone 3 Meadow Addition to the City of Fort Worth, as recorded in Cabinet A, Slide 6107,1'lat Records, Tarrant County, Texas; THENCE N 89°44'42"W, 376.08 feet along the north line of said Block A, Stone Meadow Addition to a '/z" iron rod found at the southeast corner of Lot 17, Block 17, said Columbus Heights Addition; THENCE N 00°00'00"W, 1714.57 feet along the east line of said Columbus Heights Addition to the PDINT 4F BEGINNING and containing 19.466 acres of land, more or less. HECTIC®N 2. This ordinance corrects Ordinance No. 16894 with regard to Case No. ZC-06-017 only. SECTS®I®T 3. The zoning regulations and districts, as herein established, have been made in accaxdanee with the comprehensive plan for the purpose of prornating the health, safety, morals and general welfare of the community. They have been designed to lessen congestion in fine 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, arraong other things, of the character of the district and its peculiax 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. 4 SECTION 4. This ordinance shall be cumulative of all other ordinances of the City of Dort Waxth affecting zoning and shall nat repeal any of the pxovisions 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 renraedies 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 hexeby 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 xemaining phrases, clauses, sentences, paragraphs ax sections of this ordinance, since the same would have been enacted by the City Council without the incorporation hexein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph ar section. S SECTI®N 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 ($2000.4Q} for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTI®1V ~. This ordinance shall take effect upon adoption and publication as required by law. API'I~®VED AS T® FORiVI ANll LEGALITY': ~,crFiL.~ Assistant Cit Attorney Adopted:.._...... ~ ! ~ G~ s Effective: ~~~ 6 ~ ~`1I 1 SUiaJEGT: Adopt Ordinance Correcting Ordinance No. 16894 Concerning Zoning Case ZC-06-017 for Property Located at 8000 and 8080 West Cleburne Road RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance correcting Ordinance No. 16894 to allow package or liquor store, exclude check cashing store, pawn shop, discount tobacco store as permitted Uses, and to require the construction of a six-foot masonry wall, a 20' setback along the west property line, and not to extend Marguerite Lane from the current stub out for Zoning Case ZC-06-017. DISCUSSION: On April 11, 2006, the City Council voted to approve a request to rezone property located at 8000 & 8080 West Cleburne Road to Planned DevelopmentlSpecific Use for all uses in "E" Neighborhood Commercial; excluding the following: Gasoline Sales, Auto Parts Store with Accessories, Massage ar Tattoo Parlor, Check Cashing Store, Pawn Shop, Discount Tobacco Use, with asix-foot masonry wall and a 20' setback along the west property line, and not to extend Marguerite Lane from the current stub out. Site Plan waived. However, the publishing of Ordinance 16894 did not reflect the City Council's vote to allow package or liquor store as a permitted use, and indicated a 25' setback rather than the correct measurement of 20'. The approval of the M & C would correctly reflect council's vote on ZC-06-017 and correct the publishing error of the ordinance. This property is located in COUNCIL DISTRICT 6. FISCAL INFORMATIONICERTIFICATION: The 1=finance Director certifies that adoption of this ordinance will have no material effect on City 1=unds. TO FundlAccountlCenters FROM FundlAccountlCenters 5uhmitted for City Manager's Office ~y: Dale Fisseler (6266) ©ri inatin De artment Head: Bob Riley (8901) Additional Information Contact: Bob Riley (8901) Lpgrzarr~e: ObCORR.ECT 16894 Page 1 of 1