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HomeMy WebLinkAboutOrdinance 21967-11-2015 ORDINANCE NO. 21967-11-2015 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-15-128 4205 Panola Avenue 0.62 acres Zoning Chanze: From: `A-5"One-Family To: "ER"Neighborhood Commercial Restricted Description Panola Subdivision, Block 1,Lot 1 ZC-15-132 11785 & 11815 Alta Vista Road 9.03 acres Zoning Chan,-e: From: `A-10"One-Family To: "PD/A-10"Planned Development for all uses in `A-10"One-Family for the accessory structure to have the same architectural design as the main building with the following, up to 50%percent lot coverage; reduce front yard setback to 20 ft., side yard setback at 5 ft.; increase maximum square feet for accessory buildings up to 1,000 sf and allow accessory buildings in the front yard, and no storage of boats or recreational vehicles;site plan approved and on file in the Planning&Development Department and attached as Exhibit 'A" Ordinance No.21967-10-2015 Page 1 of 8 Description Field notes to that certain tract situated in the Francisco Cuella Survey, Abstract No. 266, City of Fort Worth,Tarrant County,Texas,said tract being a portion of the tract described in the deed to Dayton Bailey, et ux Mickey Bailey recorded in Volume 5785,Page 46 of the Deed Records of Tarrant County, Texas and a portion of the tract described in the deed to Thomas Shawn Bailey recorded under Instrument Number D200144157 of the Official Public Records of Tarrant County, texas; the subject tract being more particularly described as follows: Commencing at a mag nail with metal washer stamped"JPH Land Surveying" set on the north line of the tract described in the deed to Dayton Bailey, et ux Mickey Bailey recorded in Volume 5785,Page 46 of the Deed Records of Tarrant County, Texas, at the northwest corner of the tract described in the deed to the City of Fort Worth recorded under Instrument Number D210259112 of the official Public Records of Tarrant County, Texas; Thence South 00 degrees 08 minutes 45 seconds East,with the west line of the said City of Fort Worth tract (west line of Alta Vista Road), a distance of 30.00 feet to a mag nail with a metal washer stamped "JPH Land Surveying" drilled into a hinged utility vault located at the southeast corner of a second tract described in the deed to City of Fort Worth recorded under Instrument Number D211078053 of the Official Public Records of Tarrant County,Texas and being the point of beginning; Thence South 00 degrees 08 minutes 45 seconds East, with the west line of the first mentioned City of Fort Worth tract(west line of Alta Vista Road),passing at a distance of 145.99 feet a3/4 inch rebar found at the southwest corner of the first City of Fort Worth tract, being the northwest corner of a third tract described in a deed to the City of Fort Worth recorded under Instrument Number D210259109 of the Official Public Records of Tarrant County, Texas, and continuing on said course with the west line of the third mentioned City of Fort Worth tract(west line of Alta Vista Road), in all, a total distance of 346.70 feet to a %2 inch capped rebar stamped "JPH Land Surveying" set on the south line of the tract described in the deed to Thomas Shawn Bailey recorded under Instrument Number D200144157 of the Official Public Records of Tarrant County,Texas, at the southwest corner of the third mentioned City of Fort Worth tract; Thence South 89 degrees 48 minutes 13 seconds West, with the said south line of the Thomas Shawn Bailey tract, a distance of 1,059.10 feet to a metal fence post at the southwest corner of the Thomas Shawn Bailey tract; Thence North 00 degrees 11 minutes 47 seconds West, with the west line of the Thomas Shawn Bailey tract, passing at a distance of 200.00 feet to a '/2 inch capped rebar stamped"JPH Land Surveying" set the common corner of the said two Bailey tracts, and continuing on said course, with the west line of the Dayton Bailey, et ux Mickey Bailey tract, in all, a total distance of 376.70 feet to a %2 inch rebar found at the northwest corner of the Dayton Bailey,et ux Mickey Bailey tract; Thence North 89 degrees 48 minutes 13 seconds East, with the north line of the Dayton Bailey, et ux Mickey Bailey tract, a distance of 884.43 feet to a'h inch capped rebar stamped"JPH Land Surveying" set at the northwest corner of the second mentioned City of Fort Worth tract; Thence South 00 degrees 08 minutes 45 seconds East, with the west line of the second mentioned City of Fort Worth tract, a distance of 30.00 feet to a '/2 inch capped rebar stamped "JPH Land Surveying" set at the southwest corner thereof, Thence North 89 degrees 48 minutes 34 seconds East, with the south line of the second mentioned City of Fort Worth tract, a distance of 175.00 feet returning to the Point of Beginning and enclosing 9.040 acres. Ordinance No.21967-10-2015 Page 2 of 8 SP-15-012 5306-5336 White Settlement Road, 127 Roberts Cut-off Road 13.56 ac. Zoning Change: From: PD724 "PD/MU-1"Planned Development/Low Intensity Mixed Use plus bars, farmers market, and mobile vendors with development standards;site plan required To: Amend site plan for PD 724 to reconfigure buildings and parking and to include amphitheater; site plan approved and on file in the Planning & Development Department and attached as Exhibit `B" Description Parcel 1 Situated in the City of Fort Worth, Tarrant County, Texas, and being a tract of land in the N.H. CARROLL SURVEY, Abstracts No. 264, and embracing those certain tracts conveyed to John R. Campbell and Joe Cloud by deeds recorded in Volume 4450, Page 317 (described as being a 12,866 acre tract), and Volume 7689, Page 570 (described as being 7447 square feet), of the Tarrant County Deed Records, and all being more fully described as follows: Beginning at a 3/8" iron rod found in place for the northeast corner of said 12.866 acre tract and the northwest corner of that certain tract of land in said Carroll Survey conveyed to Linda D. Draper by the deed recorded in Volume 8213, Page 284, of said Deed Records, and being in the occupied south line of that certain tract in said Carroll Survey conveyed to T. Ticknor by deed recorded in Volume 6248, Page 365, of said Deed Records (although this corner does not, technically, lie on a line between monument corners); Thence South 0 degrees, 06 minutes, 25 seconds West with the most northerly east line of said 12.866 acre tract and with the west line of said Draper tract, 90.60 feet to a %2" iron rod found for a southeast corner of said 12.866 acre tract and the southwest corner of said Draper tract in the north line of that certain tract conveyed to Ronald D. Sturgeon by deed recorded in Volume 9428,Page 1119,of said Deed Records; Thence North 89 degrees, 50 minutes, 10 seconds West with said north line of Sturgeon tract for a south line of said 12.866 acre tract and along a chain link fence line, 14.0 feet to a 5/8"iron rod found in place for the northwest corner of said Sturgeon tract and an"L"corner in said 12.866 acre tract; Thence South 0 degrees, 39 minutes, 50 seconds West with the west line of said Sturgeon tact and an east line of said 12.866 acre tract, 1 to 4 feet easterly from and generally along a chain link fence line 137.90 feet to a 5/8" iron rod found in place for the southwest corner of said Sturgeon tract and an "L" corner in said 12.866 acre tract; Thence South 89 degrees, 52 minutes, 55 seconds East with the south line of said Sturgeon tract and a north line of said 12.866 acre tract, 93.07 feet to a ''/2" iron rod found in place for the northwest corner of Lot 1, Myrtle Maroon Subdivision, as shown on plat thereof recorded in Volume 388-D, Page 117, of the Tarrant County Plat Records, and the most southerly northeast corner of said 12.866 acre tract; Thence South 1 degree, 13 minutes, 05 seconds West along a fence line and with the most easterly east line of said 12.866 acre tract and with the west lines of said Lot 1 and Lots 2 and 3 in said Myrtle Maroon Subdivision, continuing with the west line of that certain tract conveyed to Yount Limited Liability Company by deed recorded in Volume 11913,page 1189, of said Deed Records, at 330.9 feet passing the most easterly southeast corner of said 12.866 acre tract and the northeast corner of said 7447 square foot tract, continuing with the east line of said 7447 square foot tract and said west line of Yount tract and the west line of that certain tract conveyed to Fred Kirschner by deed recorded in Volume 5264, Page 304, of said Deed Records, in all 449.75 feet to the common south corners of said 7447 square foot tract and said Kirschner tract in the north line of White Settlement Road (70 foot wide right-of-way at this point), from which point a''h"pipe found in place bears North 1 degree, 13 minutes East 6.0 feet; Thence North 89 degrees, 57 minutes West with the south line of said 7447 square foot tract and said north line of White Settlement Road, at 62.7 feet passing a "+" found in place in the street gutter for the Ordinance No.21967-10-2015 Page 3 of 8 southwest corner of said 7447 square foot tract and the most southerly southeast corner of said 12.866 acre tract, continuing with the most southerly south line of said 12.866 acre tract, in all 196.57 feet to a railroad spike found in the White Settlement Road pavement for an angle point in said south line of 12.866 acre tract; Thence North 74 degrees, 50 minutes, 50 seconds West, continuing with said most southerly south line of 12.866 acre tract along the northerly line of an apparently occupied right-of-way parcel, in all 657.18 feet to a 3/8" iron rod found in place for the most southwest corner of said 12.866 acre tract described as being in the former center of West Fork of the Trinity River; Thence with the westerly lines of said 12.866 acre tract and easterly lines of property standing in the name of Tarrant County Water Control and Improvement District No. 1 (now called Tarrant Regional Water District), (partially along said former center of West Fork of Trinity River) the following courses and distances; North 30 degrees,21 minutes West, 89.35 feet to a 3/8"iron rod found in place for an angel point; North 48 degrees, 03 minutes, 20 seconds West, 171.90 feet to a 3/8" iron rod found in place for the most westerly southwest corner of said 12.866 acre tract at a point on a curve whose center bears North 89 degrees,25 minutes, 11 seconds West, 1231.95 feet; Northerly with said curve (departing from said former center of West Fork of Trinity River), a distance 320.60 feet to a 3/4"iron rod found in place for the northeast corner of said 12.866 acre tract, the common east corners of two Tarrant County Water Control and Improvement District No. 1 tracts described in deeds recorded in Volume 4319, Page 143, and Volume 4219, Page 621, of said Deed Records,and the southwest corner of said Ticknor tract; Thence South 89 degrees, 59 minutes, 15 seconds East with the north line of said 12.866 acre tract and said occupied south line of Ticknor tract, 231.51 feet to a 3/4" iron rod found in place for an angle point in said north line of 12.866 acre tract; Thence South 89 degrees, 45 minutes, 55 seconds East(base bearing computed from Ticknor straight line described as being"West"), continuing with said north line of 12.866 acre tract, 741.94 feet to the Place of Beginning, and containing 13.0348 acres(567,797 square feet) within the described tract of land. Description Parcel Situated in the City of Fort Worth,Tarrant County,Texas, and being a tract of land in the N.H. CARROLL SURVEY, Abstract No. 264, and being a portion of White Settlement Road right-of-way and all being more fully described as follows: Beginning at a 3/8" iron rod found in place for the southwest corner of that certain tract conveyed to Sztamenits Family Limited Partnership by deed recorded in Volume 16262,Page 48, of the Tarrant County Deed Records, at the point of intersection of the occupied northerly line of said White Settlement Road with the4 easterly line of a Tarrant Regional Water District (formerly Tarrant County Water Control and Improvement District No. 1)channel for the West Fork of the Trinity River; Thence South 74 degrees, 50 minutes, 50 seconds East (base bearing fiom Sztamenits deed) with a southerly line of said Sztamenits tract and said occupied northerly line of White Settlement Road, 528.28 feet to the point of intersection of said southerly line and northerly line with a line 10 feet northerly from the north edge of existing pavement of White Settlement Road; Thence North 87 degrees, 12 minutes,45 seconds West with said line 10 feet northerly from the north edge of existing White Settlement Road pavement,444.01 feet; Thence North 2 degrees,42 minutes, 10 seconds East,39.50 feet; Thence South 86 degrees,47 minutes,25 seconds West along the toe of a roadway fill slope, 65.0 feet to a point in an extension of said Tarrant Regional Water District easterly line; Ordinance No.21967-10-2015 Page 4 of 8 Thence North 30 degrees, 21 minutes West with said extension of Tarrant Regional Water district line, 109.87 feet to the Place of Beginning, and containing 28,403 square feet(0.6520 acre). SOLE USE AREA Beginning at the northeast corner of said 12.866 acre tract identified as PARCEL 1 above; Thence South 0 degrees,06 minutes,25 seconds West, 90.60 feet; Thence North 89 degrees, 50 minutes, 10 seconds West, 14.0 feet; Thence South 0 degrees,39 minutes, 50 seconds West, 137.90 feet; Thence South 89 degrees, 52 minutes, 55 seconds East,93.07 feet; Thence South 1 degree, 13 minutes,05 seconds West,449.75 feet; Thence North 89 degrees, 57 minutes West, 196.57 feet; Thence North 74 degrees, 50 minutes,50 seconds West,74.896 feet; Thence North 87 degrees, 12 minutes,45 seconds West, 145.042 feet; Thence North, 652.896 feet; Thence South 89 degrees, 45 minutes, 55 seconds East, 346.00 feet to the Place of Beginning, and containing 6.00 acres(261,360 square feet) within the described area of land. ZC-15-133 2001 E. 4th Street 17.09 acres Zonine Chanze: From: PD310 "PD/SIP" Planned Development/Specific Use for multifamily and commercial use subject to 37 acres of multifamily residential at a density of 30 to 36 units per acre, 7 acres of multifamily residential at a density of 30-50 units per acre, and 12.5 acres of retail, restaurant and commercial,site plan required To: "PD/F" Planned Development for all uses in "F" General Commercial plus net poles up to 170 ft. in height, wall signage more than 10% coverage per faivade and monument sign not to exceed 9ft. 5% in. in height;site plan approved and on file in the Planning&Development Department and attached as Exhibit C Description Being a 17.0968 acre tract of land situated in the B.F. Crowley Survey, Abstract No. 307 and the J. Little Survey, Abstract No. 958, City of Fort Worth, Tarrant County, Texas, being part of Lot 1, Block 1 of the Trinity Bend Addition, an addition to the City of Fort Worth, recorded in Volume 388-191, Page 86 of the Plat Records, Tarrant County, Texas (P.R.T.C.T.) and being part of that tract of land conveyed to Chesapeake Land Development Company LLC, recorded in Instrument Number D209046006, of the Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.) and being more particularly described as follows: Beginning at a 5/8-inch "BDD" capped iron rod set in the middle of a curve to the right of said Chesapeake Land Development Company LLC tract, same being in the southeast right-of-way line of Highway 121 (variable width R.O.W.)and being a non-tangent curve to the right; Thence along the southeast line of said Highway 121 and said curve to the right, through a central angel of 02°37'18",having a radius of 1351.20 feet, an are distance of 61.83 feet and whose long chord bears North 51°49'49" East for a distance of 61.82 feet to a 1/2-inch iron rod found at the beginning of a compound curve to the right; Thence continuing along the southeast line of said Highway 121 and along said curve to the right,through an angle of 09°29'52", having a radius of 1258.26 feet, an arc distance of 208.58 and whose long chord Ordinance No.21967-10-2015 Page 5 of 8 bears North 57°30'22"East for a distance of 208.34 feet to a 5/8-inch"DUNAWAY" capped iron rod found for corner; Thence North 62°14'29" East for a distance of 406.85 feet to a 5/8-inch "DUNAWAY" capped iron rod found for corner; Thence North 70°31'00" East for a distance of 86.63 feet to a 5/8-inch "BDD" capped iron rod set for corner, same being the northwest corner of a tract of land conveyed to Tarrant Regional Water District by Special Warranty Deed,recorded in Instrument Number D212308640,(O.P.R.T.C.T.); Thence South 11°21'43" East, departing the southeast line of said Highway 121 and along the West line of said Tarrant Regional Water District, for a distance of 464.69 feet to a 5/8-inch "BDD" capped iron rod set for corner; Thence South 09°00'59" East for a distance of 60.92 feet to a 5/8-inch "BDD" capped iron rod set for corner; Thence South 08°52'33" East for a distance of 60.76 feet to a 5/8-inch "BDD" capped iron rod set for corner; Thence South 03°21'38" East for a distance of 628.91 feet to a 5/8-inch "BDD" capped iron rod set for coiner in the northwest line of East Fourth Street(variable width R.O.W.), same being the southwest corner of said Tarrant Regional Water District; Thence South 79°51'22" West, along the northwest line of said East Fourth Street, for a distance of 90.17 feet to a brass monument found for corner; Thence South 79°55'56" West for a distance of 80.40 feet to a 5/8-inch "BDD" capped iron rod set for corner and the beginning of a non-tangent curve to the left; Thence along said non-tangent curve to the left through an angle of 27°12'11", having a radius of 950.94 feet, an arc distance of 451.49 feet and whose long chord bears South 66°13'25" West for a distance of 447.26 feet to a 5/8-inch "BDD" capped iron rod set for corner; Thence South 52°29'22" West, a distance of 59.19 feet to a 1/2-inch iron rod found for the southeast corner of a tract of land conveyed to Mastin 4th Street LLC by Special Warranty Deed recorded in Instrument Number D212234056 (O.P.R.T.C.T.), same being the southeast corner of Part of Lot 1, Block 2, Mastin Industrial Park, an addition to the City of Fort Worth, by plat recorded in Volume 388-108, Page 57 (P.R.T.C.T.); Thence North 03°24'47" West, departing the North line of said East Fourth Street and along the East line of said Mastin 4th Street LLC tract, a distance of 235.78 feet to a 5/8-inch "BDD" capped iron rod set for corner; Thence North 03°24'50" West, departing the North line of said Mastin 4th Street LLC tract, a distance of 321.19 feet to a 5/8-inch"BDD" capped iron rod set for corner; Thence North 57°32'01" West, a distance of 69.75 feet to a 5/8-inch "BDD" capped iron rod set for corner in the southeast line of East First Street(variable width R.O.W.); Thence North 64°42'57" East along the southeast line of said East First Street for a distance of 153.93 feet to a 5/8-inch "BDD" capped iron rod set for corner; Ordinance No.21967-10-2015 Page 6 of 8 Thence North 29°14'19" West, departing the southeast line of said East First Street and passing at a distance of 58.88 feet the northwest line of said East First Street, continuing for a total distance of 483.87 feet to the Point of Beginning, containing 744,736 square feet or 17.0968 acres of land,more or less. ZC-15-136 221 Wimberly Street 0.17 acres Zoning Change: From: "B"Two-Family To: "UR" Urban Residential Description Linwood Addition,Block 6, Lot 1 ZC-15-137 2800 and 2837 Weisenberger Street 0.36 acres Zoning Change: From: "A-S"One-Family To: "UR" Urban Residential Description Weisenberger Addition,Block 11,Lot 1 and Block 6,Lot 20 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 Ordinance No.21967-10-2015 Page 7 of 8 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. 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 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 8. That this ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: .. 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