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HomeMy WebLinkAboutOrdinance 10524V <.r ~,.~~. ~ ~.. ORDINANCE ~~ ^- AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO 3011, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICT- ING THE LOCATION AND USE Off' BUILDINGS, STRUC- TURES, 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 POPULA- TION, AND FOR SUCH PURPOSES DIVIDING TflE MUNICI- PALITY 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 CON- FLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAV- INGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; PROVIDING FOR ENGROSS- MENT AND ENROLLMENT; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1 That Ordir~`ance No 3011, as amended, be and is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed, and amended as follows Z-89-115 Lots 11 and 12, Block 55, Factory Place Addition (3609 and 3615 Birchman Avenue) From "B" Two-Family to "PD/SU" Planned Development/Speci- fic Use for medical facility and/or auxiliary parking Z-89-118 BEING a tract of land out of the Kitty House Survey, Ab- stract 678, in Tarrant County, Texas, and being described as follows; BEGINNING at an iron pin situated 604 6 varas west and 232 33 varas north of the southeast corner of said sur- vey, also being in the easterly right-of-way line of House Anderson Road; -1- r ~ , J A9 (Cont ) THENCE N 0°1'0" E, along said right-of-way 355 7 feet to an iron pin for corner in the south right-of-way line of Trinity Boulevard; THENCE N 88°30'0" E, along said right-of-way 208 7 feet to an iron pin for corner; THENCE S 0°08'18" W, 352.16 feet to an iron pin for cor- ner; THENCE S 87°31'18" W, 208 8 feet to the PLACE OF BEGIN- NING and containing 73,705 8 square feet of land, or 1.692 acres of land, more or less (3410 House Anderson Road) From "AG" Agricultural to "J" Light Industrial Z-89-124 Lot 1, Block 19, Wedgwood Addition (5150 Trail Lake Drive) From "ER" Restricted Commercial to "PD/SU" Planned Devel- opment/Specific Use for all uses in the "E" Commercial District except pawn shops, retail sales with gasoline sales (convenience stores), restaurants and any sale of alcoholic beverages; waiver of site plan Z-90-007 BEING 1 055 acres of land located in the Thomas Walden Survey, Abstract No 1921, Tarrant County, Texas, being a portion of the tract of land conveyed to Curtis and Richard Tally, and Nancy Reynolds by the deed recorded in Volume 3849, Page 322 of the D R T C T Said 1 055 acres of land being more particularly described by metes and bounds as follows BEGINNING at a 5/8" iron rod at the intersection of the South right-of-way line of Keller-Haslet Road (Farm-to- Market 4042) with the East right-of-way line of Inter- state Highway No 35-W; THENCE S 89°50'23" E, 200 06 feet along the south right- of-way line of said Keller Haslet-Road to a 5/8" iron rod; THENCE S 00°03'42" W, 180 94 feet departing said south right-of-way line to a 5/8" iron rod; THENCE N 84°50'52" W, 305 04 feet generally following a fence to a 5/8" iron rod in the east right-of-way line of aforesaid Interstate Highway No 35-W; -2- (font ) THENCE along the east right-of-way line of said Inter- state Highway No. 35-W as follows; 1 N 10°39'07" E, 81 88 feet to a Texas Highway Depart- ment Monument; 2 N 50°20'50" E, 115 38 feet to the PLACE OF BEGINNING containing 1 055 acres of land (Southeast Corner of I-35W & Haslet Road) From Unzoned to "F" Commercial Z-90-008 Lot 1, Block 1, St John Addition (311 University Drive) From "PD/SU" Planned Development/Specific Use, Case #PD 53 to "E" Commercial Z-90-012 Situated in the City of Fort Worth, Tarrant County, Tex- as, and being a portion of Lot 7, Block 136, Belmont Park Addition, as shown on plat recorded in Volume 204-2, Page 83, of the P R T C T. and an adjoining portion of True Street adjacent to the west side of said Lot 7, and being more fully described as follows BEGINNING at a nail driven in a tree for the most easter- ly corner of said Lot 7, and the most northerly corner of Lot 8, in said Block 136, Belmont Park; THENCE S 45°0'0" W, with the common line between said Lots 7 and 8, 95 0 feet to an iron rod set for corner in the northeasterly line of Jacksboro Highway; THENCE N 45°0'0" W, with said northeasterly line of Jacksboro Highway, at 67 4 feet passing the west line of said Lot 7, continuing in all, 136 9 feet to an iron rod set for corner; THENCE N 2°2'14" E, 129 78 feet to an iron rod set for corner; THENCE S 45°0'0" E, partially with the northeasterly line of said Lot 7 and the southeasterly line of a 20 foot wide public alley, in all 225 5 feet to the PLACE OF BE- GINNING (2804 Jacksboro Highway) From "E" Commercial to "I" Light Industrial -3- Z-90-013 Southern 397 feet of Lot 1, Block 1, Echols Addition, Lot 15, Block 9 and Lot 1, Block 12, B Jackson Addition; and 0 157 of an acre of land situated in the J G. Ashabranne Survey Abstract No. 7 Tarrant County, Texas, conveyed to Gilbert B. Certer and Phillip C Schwab as recorded in Volume 7222 Page 2301 D R T.C T., said 0 157 of an acre of land being more particularly described by metes and bounds as follows BEGINNING at a point in the south R O W line of Bertha Avenue also being the northwest corner of Lot 1, Block 12, B Jackson Addition to the City of Fort Worth as re- corded in Volume 388=Q, Page 161, P R T C T THENCE S 0°1'0" W, along the west line of said lot 1, 117 88 feet to a point; THENCE S 89°46'27" W, 58 00 feet to a point; THENCE N 0°1'0" E, 117 77 feet to a point in the south R O W. line of the aforementioned Bertha Avenue THENCE N 89°39'44" E, along said R O W line, 58.00 feet to the POINT OF BEGINNING and containing 0 157 of an acre of land. (2701 Miller Avenue and 4233 & 4232 Bertha Avenue? From "A" One-Family to "CF" Community Facilities Z-90-014 BEING 1.756 acres of land out of the J C McComas Survey, Abstract No 1039, in Tarrant County, Texas and described by metes and bounds as follows; BEGINNING at an iron pin for corner in the North line of 28th Street, 27 5 feet North from the Southwest corner of said McComas Survey;THENCE S 89°48'0" E, along the North line of 28th Street, 252 0 feet to an iron pin for corner; THENCE N 0°1'0" E, 290 0 feet to an iron pin for corner; THENCE N 89°48'0" W, 75 0 feet to an iron pin for corner; THENCE N 0°1'0" E, 10 00 feet to an iron pin for corner; THENCE N 89°40'0" W, 177.00 feet to an iron pin for cor- ner; THENCE S 0°1'0" W, 309 30 feet to the POINT OF BEGINNING and containing 1 756 acres or 76,496 1 square feet of land 13001 N E 28th Street) From "B" Two-Family, "E" Commercial and "I" Light Indus- trial to "I" Light Industrial -4- Z-90-015 Z-90-017 Lots 1-4, Block 96 and Lots 5-8, Block 96, Fort Worth Original Town (601-609 Main Street) From "H" Business to "H/HC" Business/Historic and Cul- tural Subdistrict. Tract 1 Being a description of a portion of Casino Beach said portion situated in the Jacob Wilcox Survey No 33, Ab- stract No 1716, Tarrant County, Texas is part of Block 16 of the City of Fort Worth's Lake Worth Lease Land as shown by an unrecorded plat of same prepared by Hayes and Dunaway in June 1956 and is more particularly described by metes and bounds as follows COMMENCING at a point on the centerline of Surfside Drive and the south right-of-way of State Highway No 199 (3acksboro Highway) from which a state highway right-of- way monument bears S 74°35'00" W, a distance of 31 28 feet; THENCE N 74°35'00" E, on the south right-of-way of said Jacksboro Highway, 1,687 96 feet to a point for the be- ginning of a curve to the right whose center bears S 15°25'00" E, a distance of 970 72 feet; THENCE on said curve to the right and Jacksboro Highway right-of-way through a total central angle of 32°1'36", at 467 66 feet pass the north boundary of proposed Casino Beach Drive right-of-way, and in all 542 71 feet to the south right-of-way of same for the northeast corner and POINT OF BEGINNING of this tract; THENCE S 51°45'00" E, continuing on the right-of-way of Jacksboro Highway, a d istance of 236 12 feet to the 594 0 foot contour and north boundary of Lake Worth for the southeast corner of th is tract; THENCE along the 594 0 feet contour and north boundary of Lake Worth the followi ng courses and dis tance s, S 41° 23'40" W - 100 99 feet; S 68°27' 31" W - 147 82 feet; S 57° 22'08°' W - 187 34 feet; S 59°47' 40" W - 318 19 feet; S 52° 25'41" W - 97 43 feet; S 56°05' 09" W - 189 70 feet; S 57° 05'12" W - 192.59 feet; S 53°43' 52" W - 106 27 feet; S 27° 57'38" W - 55 21 feet; S 35°07' 43" W - 84 80 feet; S 68° 22'18" W - 164.57 feet; S 6b°09' 51" W - 189.50 feet; S 58° 19'00" W - 196 31 feet; S 44°56' 30" W - 93 90 feet to a point on the east side of an exi sti ng pavilion patio for a corner; -5- (font ) THENCE continuing on the 594 0 foot contour around said pavilion patio the following courses and distances, S 19°47'56" E, 22 70 feet; S 33°05'04" W, 24 49 feet to the beginning of a curve to the right whose center bears N 56°54'56" W, a distance of 29 31 feet; THENCE along said. curve to the right continuing on the 594 0 foot contour through a central angle of 72°46'54" and arc distance of 37.23 feet; THENCE continuing on the 594 0 foot contour and north boundary of Lake Worth the following courses and distan- ces, N 74°08'02" W, 19 58 feet; N 19°47'56" W, 8 35 feet; S 70°04'28" W, 230.63 feet and S 77°24'40" W, 108 45 feet to a point for. the southeast corner of Lot 7 in Block 16 of said Hayes and Dunaway Plat for the southwest corner of this tract; THENCE N 23°06'27" W along the easterly boundary of said Lot 7, a distance of 222 20 feet to a point for the northeast corner of said Lot 7 in the south boundary of proposed Surfside Circle, a 50 00 foot wide street, for the northwest corner of this tract.; THENCE N 55°45'30" E, on the south boundary of said Surf- side Circle, 61 24 feet to a point for a curve to the right whose center bears S 34°14'30" E, 191 25 feet; THENCE on said curve to the right through a central angle of 34°50'07" an arc distance of 116 28 feet; THENCE S 89°24'23" E, continuing on the south boundary of Surfside Circle, 132 74 feet to a point for the beginning of a curve to the left whose center bears N 00°35'37" E, 190 12 feet; THENCE on said curve to the left continuing on the said south boundary of Surfside Circle through a central angle of 45°38'30" an arc distance of 151 45 feet; THENCE N 44°57'07" E, continuing on Surfside Circle boun- dary, 409.76 feet to a point for the beginning of a curve to the left whose center bears N 45°02'53" W, 88 89 feet; THENCE on said curve to the left and Surfside Circle boundary, through a central angle of 59°17'12" an arc distance of 91 98 feet; THENCE N 14°20'05" W, continuing on the boundary of Surf- side Circle and through a transition to Casino Beach Drive, a proposed 60 00 foot street, a distance of 72.51 feet to the beginning of a curve to the right whose cen- ter bears N 75°39'55" E, a distance of 54 95 feet; -6- tCont.) THENCE on said curve to the right and transition, through a central angle of 65°38'05" an arc distance of 62 94 feet to a point on the south boundary of Casino Beach Drive; THENCE N 51°18'00" E, on the south boundary of Casino Beach Drive, a distance of 1243 65 feet to the POINT OF BEGINNING and containing 20.8245 acres of land, more or less From "A" One-Family to "PD/SU" Planned Development/Speci- fic Use for all uses in the "F" Commercial District in- cluding the uses, related uses and complementary uses which can be associated with the recreational uses speci- fically called out in the Lake Worth leases for this pro- perty; shall include but not be limited to Aqua golf practice range, miniature golf, fishing equipment and bait sales, boat rental and sales, water ski rental, .skating rink, dance hall, pool hall, video arcade, bingo, batting cages, tennis, food and drink sales, souvenir sales, golf equipment rental and sales, swimming, picnic areas, marina, fish farm, beer and wine sales, restau- rant, and riverboat operation, except that these amuse- ment enterprises will specifically exclude free-standing bars, cocktail- lounges, night clubs or taverns; or those alcoholic beverage sale uses not directly related to a restaurant or food service operation serving the other recreational uses. This does allow the sale of alcoholic beverages for catered activity or for special facility rental situations However, the uses allowed shall not include the follow= ing Sexually oriented .businesses, recording studios, furni- ture upholstery, theaters, automobilelmotorcycle/trailer sales or rental, blood bank, bowling alley, feed stores, public garage for repairs of automobiles, paint and body shops, gunsmithing, hotels/motels, hospitals, nursing homes, mini-warehouses, auto parts supply, saddle/harness repair and sales, car wash facilities, full-service ser- vice stations, banks, pet shops, department stores, ani- mal hospitals, drug stores, dry goods stores, appliance sales, funeral homes, pawn shops, recreational vehicle park, radio/television sales and servicing, clothing shop and care facilities Waiver of site plan recommended Tract 2 Being a description of that portion of Casino Beach pro- posed for a zoning change from "A" to "E", said portion situated in the Jacob Wilcox Survey No 33, Abstract No 1716, Tarrant County, Texas is part of Block 16 of the City of Fort Worth's Lake Worth Lease Land as shown by an -7- ~, ( font ) Tract 2 Being a description of that portion of Casino Beach pro- posed for a zoning change from "A" to "E", said portion situated in the Jacob Wilcox Survey No 33, Abstract No 1716, Tarrant County, Texas is part of Block 16 of the City of Fort Worth's Lake Worth Lease Land as shown by an unrecorded plat of same prepared by Hayes and Dunaway in June 1956 and is more particularly described by metes and bounds as follows: COMMENCING at a point on the centerline of Surfside North Drive and the south right-of-way of State Highway No. 199 (Jacksboro Highway) from which a state highway right-of- way monument bears S 74°35'00" W, a distance of 31 28 feet THENCE N 74°35'00" E, on the south right-of-way of said Jacksboro Highway a distance of 1641 82 feet to a point for the northerly northwest corner and POINT OF BEGINNING of this tract; THENCE N 74°35'00" E, continuing on the south right-of- way of said Jacksboro Highway, 46 14 feet to a point for the beginning of a curve to the right whose center bears S 15°25'00" E, a distance of 970 72 feet; THENCE on said curve to the right and Jacksboro Highway right-of-way through a total central angle of 32°01'36", at 4-67.66 feet pass the north boundary of proposed Casino Beach Drive right-of-way, and in all 542 71 feet to the south right-of-way of same for the east corner of this tract; THENCE S 51°18'00" W, on the south right-of-way proposed Casino Beach Drive a distance of 640 77 feet to a point for the southwest corner of this tract. THENCE N 11°29'12" W, at 67 47 feet pass the north boun- dary of said Casino Beach Drive and in all a distance of 402 00 feet to the POINT OF BEGINNING and containing 3 0178 acres of land, more or less (7400 Jacksboro Highway [S H 1991, 7500 Surfside Drive, 7450 Watercress Drive [Casino Beach]) From "A" One-Family to "E" Commercial Z-90-018 Lot C-R-1, Block 1, Western Hills Addition (8220-8228 Highway 80 West) From "E" Commercial to "F-R" Restricted Commercial -8- ,. 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 dan- gers; 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 a full and complete public hearing with reasonable consideration, among other things, of the character of the district and its peculiar suitabil- ity for the particular uses and with a view of conserving the value of 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 pro- visions 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 No 3011 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 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 or- dinance are severable, and if any phrase, clause, sentence, para- graph or section of this ordinance shall be declared void, ineffec- tive 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 One Thatzsand Dollars {$1000 00) for each offense Each day that a violation is permitted to exist shall constitute a separate offense -9- a. J M s SECTION 7 That the City Secretary of the City of Fort Worth, Texas is hereby directed to engross and enroll this ordinance by copying the caption and penalty clause of same in the minutes of the City Council of the City of Fort Worth, Texas, and by filing the ordinance in the ordi- nance records of said City 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 VTCA 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 G~ s. ~~,/ wV ~ 1 ~jc~ City Attorney Date ~ ~ ~ Adopted o2 /~ /9~~ Effective -10-