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HomeMy WebLinkAboutOrdinance 15055?~ ORDINANCE NO. o `AN ORDINANCE EXTENDING A MORATORIUM ON ACCEPTANCE OF CONCEPT PLANS, PRELIMINARY PLATS, APPLICATIONS FOR BUILDING PERMITS, AND APPLICATIONS FOR OTHER DEVELOPMENT PERMITS FOR PROPERTY LOCATED AT 5736 WILBARGER ROAD; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has approved the rezoning of certain properties located m the vicinity of the western shore of Lake Arlington, south of the 6100 block of Ramey Avenue, east of the 2800-5300 blocks of Interstate Loop 820 and north of Interstate 20 under Case No ZC-O 1-017, WHEREAS, property located at 5736 Wilbarger Road (the "Property") is described as Area 17, as shown on the map attached as Attachment "A", WHEREAS, the Property is more fully described as Abstract 395, Tracts 6, 6A, 6B, 10A1 and 11A, James W Daniel Survey; WHEREAS, the Crty has initiated rezoning of the Property from "J" Medium Industrial to "A-7 5" One-Family m connection with rezoning the Lake Arlington area, WHEREAS, the owner of the Property and the Crty are investigating the feasibility of an exchange of the Property by the owner for other industrially zoned land, WHEREAS, consideration by the City Council of the rezoning of the Property from "J" to "A-7 5" has been continued to September 10, 2002, WHEREAS, a moratorium on acceptance of applications for permits to develop the Property and other property in the Lake Arlington area was enacted by Ordinance No 14868 and extended to Apri15, 2002, by Ordinance No 14976, ~:. > WHEREAS, the owner of the Property has agreed to a six-month extension of the moratorium while the owner and the City attempt to arrange for the owner to exchange the Property for other industrially zoned land, WHEREAS, it is advisable to extend the moratorium on acceptance of applications for development permits for the Property to September 20, 2002, m order to maintain the status quo while the parties investigate the options for a property exchange and the City Council considers rezoning the Property; WHEREAS, all findings m Ordinance Nos. 14868 and 14976 are reaffirmed, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS SECTION 1. The expiration of the moratorium on acceptance of concept plans, preliminary plats, applications for building permits and applications for other development permits for the Property, enacted pursuant to Ordinance No 14868 and extended by Ordinance No 14976, is hereby extended from April 5, 2002, to September 10, 2002 at 11 59 p.m., or until the City Council terminates the moratorium, whichever occurs first. SECTION 2. All provisions of Ordinance Nos. 14868 and 14976, with the exception of the expiration date extended by Section 1 of this Ordinance, shall remain m full force and effect with regard to the Property, only The moratorium on acceptance of permit applications for Areas 9, 10 and 15 expires on Apn15, 2002, at 11 59 p.m. 2 ,~ ~x s~ SECTION 3. 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 final decree of a court of competent ~unsdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the Crty Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4 This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY dom..- . ~-- ~ ._--_ Assistant City Attorney ADOPTED AND EFFECTIVE ~~~- ~~. 3 ~: r s ATTACHMENT "A" LAKE ARLINGTON Current Zoning of Property Proposed for Rezoning to "A-7.5" One-Family District 0 J O g ~' I MH A Legend Residential U Lake Arlington Tract Current Zoning Recommended Zoning Total Acerage 17 J A-7 5 32 8 O N g E w E s FORT WORTH Planning Department (0. City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 4/2/02 **G-13572 06EXTEND 1 of 1 SUBJECT EXTENSION OF MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR DEVELOPMENT OF PROPERTY LOCATED AT 5736 WILBARGER ROAD RECOMMENDATION It is recommended that the City Council adopt the attached ordinance extending a moratorium on acceptance of concept plans, preliminary plats, applications for building permits and applications for other development permits for property located at 5736 Wilbarger Road to September 20, 2002. DISCUSSION The property located at 5736 Wilbarger Road is the last parcel in the Lake Arlington area to be considered for rezoning under Case No ZC-01-017 The property, which is undeveloped, is currently zoned "J" Medium Industrial and has been proposed to be rezoned to "A-7 5" One-Family The City Council has continued consideration of the zoning change to September 10, 2002, in order to allow the property owner and City staff to investigate the opportunities for the owner to exchange the property for other industrially zoned property Adoption of the attached ordinance would extend the moratorium from April 5, 2002, to September 20, 2002. FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material -effect on City funds RR.k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Reid Rector 6140 Originating Department Head: Bob Riley 8901 (from) APPROVED 04/02/02 ORD.# 15055 Additional Information Contact: Marcella Olson 8901