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HomeMy WebLinkAboutOrdinance 18822-09-2009ORDINANCE NO. 18822-09-2009 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 13896, AS eAMENDED, 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: SP-09-004 6260 Old Hemphill Road 5.99 acres Site Plan approved for Hemphill Citizen Drop-Off Station (Site Plan on file in the Planning and Development Department) Description: Whereas, Charles Wyche and the City of Fort Worth, Tarrant County, Texas are the owners of a 26.633 acre tract of land located in the J. Asbury Survey, Abstract No. 47 and the G. Hernandez Survey, Abstract No. 753, Tarrant County, Texas, City of Fort Worth, being all of Block 1, Southside Twin Addition, a subdivision as recorded in Volume 388-53, Page 77 of the Plat Records of Tarrant County, Texas (P.RT.C.TX.), and as (D.R.T.C.TX.), and a portion of Old Hemphill Road (a variable width right-of- way as recorded in Volume 38$-53. Page T7, (P.R.T.C.TX.) vacated by City Ordinance No. 17892, said 26.633 acre tract, as shown on SAM, Inc. drawing No. C094-25002e09P, being more particularly described by metes and bounds as follows: Beginning at a 5/8 inch iron rod with a yellow SAM, INC. plastic cap set for east common corner of said Block 1 and a called 16.783 acre tract of land described in the deed to Akram F. Rihani, as recorded in Volume 79'79, Page 1616, (D.R.T.C.TX.), same 1 Zoning Ordinance 9115109 being in the existing west right-of-wray line of said Old I~emphill Road, for the Point ©f Beginning; 1.) Thence with the common line of said Block 1 and said Rihani tract S89°40'55"W, a distance of 1529.56 feet to a Sl8 inch iron rod with a yellow SAM, INC. plastic cap set for the west common corner of said Block 1 and said Rihani tract, same being in the east right-of--way line of the Union Pacific Railroad, (no record information found); 2.) Thence with the common line of said Block 1 and said Union Pacific Railroad, N16°05'49"E, a distance of 465.51 feet to a calculated point for the west common comer of said Block 1 and Lot 3, Block A-R of Lots 1, 2, and 3, Block A-R, being of sub of part of the G. Hernandez Survey and a revision of Block A, Express Industrial Subdivision, as recorded in Volume 388-59, Page 54, (P.R.T.C.TX.), same being in the appropriate centerline of Sycamore Creek; Thence leaving the east right-of--way line of said Union Pacific Railroad and with the common line of said Block 1 and said Lot 3, same being the approximate centerline of said Sycamore Creek, the following four (4) courses, numbered 3 through 6: 3.} N52°32'55"E, a distance of 209.77 feet to a calculated point; 4.) N41°10'55"E, a distance of 130.03 feet to a calculated point; 5.) N18°24'55"E, a distance of 14$.70 feet to a calculated point; and 6.) N38°04'55"E, a distance of 1'15.40 feet to a calculated point; Thence leaving the approximate centerline of said Sycamore Creek and with the common line of said Block 1, said Lot 3, and Lot 3BA, Block AR of a revision of Lot 3B and part of Lot 3C, Block AR, as recorded in Volume 388-103, Page184, (P.R.T.C.TX.), N86°33'55"E, for a distance of 543.84 feet to a Sl8 inch iron rod with a yellow SAM, INC. plastic cap set for the common corner of said Block 1, said Lot 3BA, and Lot 3BB of said revision of Lot 3B and part of Lot 3C, Block AR; Thence with a common line of said Block 1 and said Lot 3BB, the following two courses numbered 8 and 9: 8.) S00°26'05"E, a distance of 129.23 feet to a Sl8 inch iron rod with a yellow SAM, INC. plastic cap set; and 9.) N89°18'49"E, a distance of 235.36 feet to a Sl8 inch iron rod with a yellow SAM, INC. plastic cap set in the west existing right-of--way line of said Old Hemphill Road , same being the east common comer of said Block 1 and said Lot 3BB; Thence with the east line of said Block 1 and the west proposed right-of--way line of said Old Hemphill Road the following three (3) courses numbered 10 through 12; 2 Zoning Ordinance 9115109 10.} N75°16'45'E, a distance of 57.27 feet to a 5l8 inch iron rod with a yellow SAM, INC. plastic cap set: 11.} S 14°43' 15"E, a distance of 58995 feet to a 5; 8 inch iron rod with a yellour SAM, INC. plastic cap set for the beginning of a curve to the right; and 12.) With the arc of said curb to the right having a radius of 610.00 feet, a central angle of 10°39'59", an arc length of 113.56 feet, and whose cord bears S09°23' 15"E, a distance of 113.40 feet to a 518 inch iron rod with a yellow SAM, INC. plastic eap set Thence with the east line of said Block 1 and the west existing right-of--way line of said Old Hemphill Road the following two (2) courses numbered 13 and 14; and 13.} N74°19'55"E, a distance of 3.15 feet to a 5/8 inch iron rod with a yellow SAM, INC. plastic eap set for the beginning of a curve to the right; and 14.) With the arc length of said curve to the right having a radius of 660.20 feet, a central angle of 15°55'27", an arc length of 1$3.49 feet, and whose chord bears S04°01'55"E a distance of 182.90 feet to the Point of Beginning and containing 26.633 acres of land, more or less. 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. 3 Zoning Ordinance 9115109 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 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 ~. 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: Assistant City :gttorney Adopted: S tember 15 2009 Effective: 4 Zoning Ordinance 9115109 Zoning Ordinance 9115/09