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HomeMy WebLinkAboutOrdinance 14086ORDINANCE NO ~~~~~~_ AN ORDINANCE AMENDING ORDINANCE NO 14062 AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO 13896, AS AMENDED, TO CORRECT THE LEGAL DESCRIPTION FOR Z-99-149 AND THE PROPERTY ADDRESS FOR Z-99-152, 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. WHEREAS, on January 11, 2000, the City Council approved a request to rezone property at 5300 Cranbury Road from "E" Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Commercial plus used furniture sales and waived the site plan requirement under Case No Z-99-149, WHEREAS, on January 11, 2000, the City Council approved a request to rezone the 7800 block of Parkwood Hill Blvd from "I P" Industrial Park to "AR" Residential under Case No Z-99-152, WHEREAS, Ordinance No 14062 reflecting the zoning decisions made by the City Council on January 11, 2000, contained a clerical error in the legal description for Case No Z-99-149 and incorrectly identified the street address of the affected property in Case No Z-99-152, WHEREAS, all required notices for both cases were provided as required by law; WHEREAS, this ordinance amends Ordinance :No 14062 with regard to Case Nos Z-99-149 and Z-99-152, only, in order to correctly identify the properties and to accurately reflect the action taken by the City Council on January 11, 2000, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH SECTION 1 That Ordinance No 14062 is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed, and amended as follows Z-99-149 Being a portion of Lot 1, Block 31, Wedgwood Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Volume 368-60, Page 35, Deed Records, Tarrant County, Texas, and this portion being more particularly described by metes and bounds as follows BEGINNING at a '/Z inch pin, in the Southeasterly right-of-way line of Granbury Road, for the point of beginning of the tract herein described and being the North corner of a tract conveyed to Texaco, Inc in Volume 7450, Page 428 of said Deed Records, said iron pin being N45°08'54"E, 125 00 feet from the West of said Lot 1 and the Northeasterly right-of-way line of Wedgmont Circle, THENCE N45°08'54"E, along the Northwest line said Lot 1, and the Southeasterly right-of--way line of Granbury Road, 693 31 feet to a '/2 inch iron pin, in the southerly right-of-way line of Wonder Drive, for the most Northerly Northwest corner of said Lot 1, THENCE in a Northeasterly direction, along the North line of said Lot 1 and the Southerly right-of-way line of said Wonder Drive, as follows along a curve to the left having a radius of 280 39 feet, an arc distance of 100 0 feet (Long Chord S55°00'00"E 99 47 feet), to a '/2 inch iron pin for the end of said curve and the beginning of a curve to the left having a radius of 190 19 feet, then along said curve to the left an arc distance of 90 40 feet (Long Chord S79°07'24"E, 89 55 feet), to a 3/8 inch iron pin for the end of said curve, and then N87°39'25"E, 235 48 feet to an "X" cut in concrete, in the West right-of-way line of 1Nedgway Drive, for the Northeast corner of said Lot 1, THENCE S08°20'00"E, along the East line of said Lot 1, and the West right- of-way line of said of said Wedgway Drive, 755 04 feet to an "X" cut in concrete in the Northwesterly right-of-way line of Trail Lake Drive for the most Easterly corner of said Lot 1, 2 THENCE Southwesterly, along a Southeasterly line of said Lot 1 and along the Northwesterly right-of-way line of Trail Lake Drive and a curve to the left having a radius of 1645 00 feet, an arc distance of 494 10 feet (Long Chord S69°31'56"W, 492.24 feet), to a '/2 iron inch pin for a Southeasterly corner of said Lot 1, THENCE N29°35'00"W along a Southwesterly line of said Lot 1, a distance of 92 10 feet to a "Y" cut in concrete for a re-entrant corner of said Lot 1 THENCE S59°31'00"W, along a Southeasterly line of said Lot 1, a distance of 167 00 feet to a 3/8 inch iron pin in the Northeasterly right-of--way line of Wedgmont Circle for a South corner of said Lot 1, THENCE in a Northwesterly direction along the Southwesterly line of said Lot 1 and the Northeasterly right-of-way line of said Wedgmont Circle, as follows N53°59'00"W 0 70 feet to the beginning of a curve to the right having a radius of 1915 4 feet, then along said curve to the right an arc distance of 300 87 feet (Long Chord N49°29'00"W, 300 56 feet), to an iron pin for the end of said curve, and then N44°51'25"W, 180 12 feet to a "Y" cut in concrete for the South corner of the aforementioned Texaco, Inc., tract; THENCE N45°40'30"E, along the Southeast line of said Texaco, Inc ,Tract, 125 00 feet to a "Y" cut in concrete for the East corner of said Texaco, Inc., Tract; THENCE N44°59'00"W, along the Northeast line of said Texaco, Inc ,Tract, 125 08 feet to the point of beginning and containing 683,052 square feet or 15 681 acres of land more or less, SAVE AND EXCEPT THAT PARCEL OF LAND REZONED FROM "E" COMMERCIAL TO "F" COMMERCIAL BY ORDINANCE NO 6666 IN ZONING CASE Z-72-51 MORE PARTICULARLY DESCRIBED AS FOLLOWS Being a part of Lot 1, Block 31, Wedgwood Addition to the City of Fort Worth, Tarrant County, Texas, and described by metes and bounds as follows BEGINNING at a point on the East line of said Lot 1, Block 31, which is the West right-of-way line of Wedgway Drive 350 75 feet N08°20'West of the most Easterly corner of said Lot 1, Block 31 THENCE N08°20' West along said East line of said Lot 1, Block 31, a distance of 80 0 feet; 3 THENCE S81 °40' West a distance of 84 0 feet; THENCE S08°20' East a distance of 80 0 feet; THENCE N81 °40'East a distance of 84 0 feet to the point of beginning and containing 6,720 square feet of land (4100 Block Wedgway Drive) AND FURTHER SAVE AND EXCEPT THAT PARCEL OF REAL PROPERTY REZONED FROM "E" COMMERCIAL TO "PD-SU" PLANNED DEVELOPMENT/SPECIFIC USE TO PERMIT ALL USES ALLOWED IN THE "E" COMMERCIAL DISTRICT PLUS THE SALE OF USED FURNITURE, FURNITURE WAEHOUSING, AND MINOR AUTO REPAIRS BY ORDINANCE 10468 IN ZONING CASE Z-89-113 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS BEING a 0 5184 acre portion of Lot 1, Block 31, Wedgwood Addition to the City of Fort Worth, according to the plat recorded in Volume 388-60, Page 35 D R.T C T , said 0 5184 acre tract of land being more particularly described by metes and bound as follows BEGINNING at the southeast corner of a one-story brick building which bears N08°20'00"W, 28 18 feet and S81 °40'00"W, 18 00 feet from the southeast corner of said Lot 1, Block 31, said point being the intersection of the north right-of-way line of Trail Lake Drive and the west right-of-way line of Wedgway Drive, THENCE S81°40'00"W, 129 00 feet to the southwest corner of said building, THENCE N08°20'00"W, 171 00 feet to northwest corner of said building, THENCE N81 °40'00"E, 147 0 feet to the northeast corner of said building, THENCE S08°20'00"E, 29 00 feet to a building corner; THENCE S81 °40'00"W, 18 00 feet to a building corner; THENCE S08°20'00"E, 142 00 feet to the POINT OF BEGINNING and containing 22,581 square feet or 0 5184 acres of land (5264 Trail Lake Drive) 4 From "E" Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Commercial plus Used Furniture Sales Waiver of site plan approved (5300 Cranbury Road) Z-99-152 BEING A 1 744 acre tract of land situated in the PHILLIP GREEN SURVEY, ABSTRACT NO 566, and being a .portion of that tract of land described in deed to Parkwood Hill Development, Inc and recorded in Volume 13996, Page 426, Deed Records, Tarrant County, Texas, said 1 744 acre tract of land being more particularly described by metes and bounds as follows BEGINNING at a point in the east right-of-way line of Parkwood Hill Boulevard (80' public right-of--way) for the southwest corner of said Parkwood Hill Development, Inc. tract of land, THENCE N07°40'44"E, along the east right-of-way line of said Parkwood Hill Boulevard, a distance of 178 82 feet to a point; THENCE S82°19'16"E, leaving the east right-of-way line of said Parkwood Hill Boulevard, a distance of 424 88 feet to a point in the east line of said Parkwood Hill Development, Inc tract of land and the west right-of-way line of the T & P and M K.T Railroad Company; THENCE S07°40'44"W, along the east line of said Parkwood Hill Development, Inc tract of land and the west right-of-way line of the T & P and M K.T Railroad Company, a distance of 178 82 feet to a point for the southeast corner of said Parkwood Hill Development, Inc.. tract of land, THENCE N82°19'16"W, leaving the west right-of-way line of the T & P and M K.T Railroad Company along the south line of the Parkwood Hill Development, Inc. tract of land, a distance of 424 88 feet to the POINT OF BEGINNING and containing 75,975 square feet or 1 744 acres of land From "I P" Industrial Park to "AR" Residential (7800 Block of Parkwood Hill Blvd.) s SECTION 2 That this ordinance corrects Ordinance No 14062 with regard to Case Nos Z- 99-149 and Z-99-152, only, in order to correctly identify the properties and to accurate reflect the City Council's decisions SECTION 3. 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 4. That this ordinance shall be cumulative of al!I 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 6 SECTION 5 That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of Ordinance No 3011, Ordinance No 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 6 That 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 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 ($2000 00) for each offense Each day that a violation is permitted to exist shall constitute a separate offense a SECTION 8 That the City Secretary of the City of Fort 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 9 That this ordinance shall be in full force and effect from and after the date of its passage and publication as required by law, and it is so ordained APPROVED AS TO FORM AND LEGALITY ~~Q~, A istant City Attorney Date Adopted .-~ - ~s~ - L~~ s City of Fort YT'orth, Texas ~1-~A~ar And ~aunc~l C,ai»i»un~cA~ian DATE 2/15/00 REFERENCE NUMBER **G-12807 LOG NAME 12ADDRESS PAGE 1 of 1 SUBJECT CORRECTION OF PROPERTY ADDRESS AND LEGAL DESCRIPTION IN ZONING ORDINANCE NO 14062 RECOMMENDATION It is recommended that the City Council adopt the attached ordinance, which will correct the property descriptions for Case No Z-99-149 and Case No Z-99-152 in the zoning ordinance adopted on January 11, 2000 DISCUSSION On January 11, 2000, the City Council approved a request to rezone property at 5300 Granbury Road from "E" Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" plus used furniture sales, with waiver of site plan, under Case No Z-99-149 The City Council also approved a request to rezone the 7800 block of Parkwood Hill Boulevard from "IP" Industrial Park to "AR" Residential under Case No Z-99-152 All notices were given as required by law and both properties were correctly identified on the City Council's agenda However, the legal description for Case No Z-99-149 in Ordinance No 14062 did not reflect that a portion of the property at 5300 Granbury Road had been excluded from the zoning request. Further, Ordinance No 14062 incorrectly identified the street address of the property rezoned in Case No Z-99-152 The attached ordinance amends Ordinance No 14062 to state the correct legal description for Z-99-149 and to correctly identify the property in Case No Z-99-152 as the 7800 block of Parkwood Hill Boulevard The property in Case No Z-99-149 is located in COUNCIL DISTRICT 6 The property in Case No Z-99-152 is located in COUNCIL DISTRICT 4 FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that adoption of this ordinance will have no material effect on City funds CBj Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Oy ~~ Charles Boswell 8511 { ~(~n }, y Y C~UNCII Originating Department Head: CIT Wade Adkins 7623 (from) ~~ 2~ Additional Information Contact: ~« ~~"`a1 testy tlrccetary of the l'e~,u' th N Wade Adkins 7623 ar , City of Fait y Ado~te~ IJr~li~~,ll~:ly i~~~ ~-~~~!P