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HomeMy WebLinkAboutOrdinance 16110ORDINANCE NO ~ ~ ~ ` AN ORDINANCE AMENDING ORDINANCE NO. 15833 TO REFLECT THE CORRECT ADDRESSES FOR THE PROPERTY INCLUDED IN THE PLANNED DEVELOPMENT FOR ZONING CASE ZC-03-317 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 January 13 2004 the Crty Council approved a request in Case No ZC-03-317 to rezone property at 1200, 1204 1122, 1124 and 1128 Fairmount Street from `D" High Density Mulrifamily to `PD/SU" Planned Development /Specific Use for all uses m the `R2" Townhouse/Cluster Residential with a density of 17 015 amts per acre; WHEREAS, such property was correctly identified m all hearing notices and on the City Council s agenda, WHEREAS, Ordinance No 15833 reflecting the zoning decisions made by the City Council on January 13 2004 contained a clerical error in the legal description for Case No ZC-03-317 m that rt erroneously failed to list 1128 Fairmount Street as a part of the property to be affected by this zoning ordinance; WHEREAS, this ordinance amends Ordinance No 15833 with regard to Case No ZC-03 317 only m order to correctly identify the properties and to accurately reflect the action taken by the City Council on January 13 2004 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH SECTION 1 Ordinance No 15833 an amendment `to Ordinance 13896, is amended to correct the decision for Case No ZC-03-317 to include the correct street address for 1128 Fairmount as approved by the City Council to read as follows. ZC-03-317 E.F Seidel s Subdivision, Block 12, Lots 9D and 9C and Block 1 Lots 9 10 and 11 From D High Density Multifamily to PD/SU" Planned Development /Specific Use for all uses in R2 Townhouse/Cluster Residential with a density of 17 Ol S units per acre. Site plan required. (See SP-03-052) (1200,12041122,1124 and 1128 Fairmount) SECTION 2. This ordinance corrects Ordinance No. 15833 with regard to Case No ZC-03-317 only SECTION 3. The zoning regulations and distracts, as herein established, have been made m 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 fight 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 rts peculiar surtabilrty for the particular uses and with a view 2 • 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 m 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 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 lrtigahon, 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. 3 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 pubhcahon as required by law APPROVED AS TO FORM AND LEGALITY ~ ~it.~ Assistant ity ttorney Adopted and Effective: ~'r ~ ~ 4 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 9/7/2004 Ordinance No 16110 DATE Tuesday September 07 2004 LOG NAME 12CORRECT15833 REFERENCE NO *G-14485 SUBJECT Correction of Property Address in Zoning Ordinance No 15833 RECOMMENDATION It is recommended that the City Council adopt the attached ordinance to correct Zoning Ordinance No 15833 adopted on January 13 2004 concerning 1200 1204 1122, 1124 and 1128 Fairmount Street. DISCUSSION On January 13 2004 the City Council approved ZC-03-317 which was a request to rezone property located at 1200 1204 1122, 1124 and 1128 Fairmount Street from "D" High Density Multifamily to `PD/SU" Planned Development/Specific Use for all uses in `R2" Townhouse/Cluster residential with a density of 17 015 units per acre The ordinance contains a clerical error in that it omitted 1128 Fairmount Street from the legal description The attached ordinance amends Ordinance No 1~583~concerning Case No ZC-03- 317 in order to correct legal description to include 1128 Fairmount Street. This property is located in COUNCIL DISTRICT 9 FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that adoption of this ordinance will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/AccounUCenters Submitted for City Manag_er's Office bX Charles Boswell (6183) Originating Department Head. David Yett (7623) Additional Information Contact: Sarah Fullenwider (7619) T,n~name 1 ~(':(~RRR('T15R~~ PaaP 1 of 1