HomeMy WebLinkAboutOrdinance 21026-11-2013 ORDINANCE NO. 21026-1.1-2013
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE,
ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE
REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS,
STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER
PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND
OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-
STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND
FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS OF
SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO
CARRY OUT THESE REGULATIONS AND SHOWING SUCH DISTRICTS AND THE
BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PROVIDING FOR
INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY CLAUSE; PROVIDING FOR PUBLICATION AND NAMING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH;
SECTION 1.
ZC-13-112 107 NW 28`x' Street 1.92 acres
Zoning Change:
From: "MU-2"High Intensity Mixed Use
To: "PD/E" Planned Development for all uses in "E" Neighborhood Commercial, no car
wash or lube center with ingress and egress along Ellis Avenue; site plan approved and
attached as Exhibit "A".
Description:
Being a portion of Lot 24R, Block 41R, M.G. Ellis Addition, an addition to the City of Fort
Worth, Tarrant County, Texas, according to the snap or plat thereof recorded in Cabinet B, Slide
420, Plat Records, Tarrant County, Texas.
Beginning at the Northwest corner of said Lot 24R, Block 41 R, M.G. Ellis Addition, said point
of beginning also being situated in the south right-of-way line of 28"' Street, a 100' public right-
of-way;
Thence East along said south right-of-way line of NE 28`x' Street a distance of 150 feet to the
Northeast corner of said Lot 24R, Block 4.1R, MG Ellis Addition, said point also being the
northwest corner of Lot 11 R, Block 41R, MG Ellis Addition;
Thence South a distance of 308 feet to a point;
Ordinance No. 21026-11-2013
Pagel of 3
Thence West a distance of 150 feet to a point in the east right-of-way line of Ellis Avenue a 60
foot public right-of-way;
Thence North along said east night-of-way line of Ellis Avenue a distance of 308 feet to the
Point of Beginning and containing 46,200 square feet more or less.
SECTION 2.
That 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 3.
That 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 4.
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all
violations of Ordinance Nos. 3011, 13896 or 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 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 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.
Ordinance No. 21026-11-2013
Page 2 of 3
SECTION 6.
That 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 ($2,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 7.
That the City Secretary of the City of Foil Worth, Texas is hereby directed to publish this
ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as
authorized by V.T.C.A. Local Government Code Subsection 52.013.
SECTION 8.
That this ordinance shall take effect upon adoption and publication as required by law.
PROVED AS"FORM AND LEGALITY:
J4
Assistant City Attorney Mary J. Ka" ty cretary
Adopted: November 5, 2013
Effective: �'Z /
f I �!r P��W .1 -1 L
,fectivev,
Ordinance No. 21026-11-2013
Page 3 of 3
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Owner / Developer
Bonilla- Sr--Oup- Ricardo Ca-marena
No El Pollo Regio Croup LLC
loss 2815 Ladybird Lane
Dallas, Texas 75220