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HomeMy WebLinkAboutOrdinance 10787 d ORDINANCE ~~ / AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE N0. 3011, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILD- INGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURFOSES, THE HEIGHR, 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 REG- ULATIONS AND SHOWING SUCH DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PROVIDING FOR INTERPRETA- TION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PORVIDING A SAV- INGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; FROVIDING A PENAL CLAUSE PROVIDING FOR ENGROSSMENT 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 Ordinance 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-91-001 Tract 2: Being a tract of land situated in the Thomas S. Reyburn Survey, Abstract No. 1130 and the James Eads Survey, Abstract No. 410, Denton County, Texas and being situated about 17 1/2 miles south 30° west from Denton County Courthouse and being more particularly described by metes and bounds as follows: COMMENCING at the southeast corner of the 25.366 acre tract as described by deed to the State of Texas and re- corded in Volume 515, Page 83, D.R.D.C.T., said point being in the east right-of-way line of I.H. 35W; THENCE North 30°25'45" Eaast, 34.62 feet with said east right-of-way line to the POINT OF BEGINNING; THENCE with the east right-of-way line of I.H. 35W, the following courses and distances: North 30°25'45" East, 58.53 feet; North 30°54'50" East, 1553.76 feet; North 33°46'34" East, 100.15 feet; North 30°54'50" East, 1312.36 feet; Z-91-001 North 30°23'21" East, 103.61 feet; (Cont.) North 30°54'50" East, 321.79 feet; THENCE South 00°35'58" West, 277.31 feet leaving said east right-of-way line; THENCE South ?8°22'27" East, 232.96 feet; THENCE South 00°25'50" West, 25.00 feet to the south right-of-way line of Elizabeth Town Cemetery Road; THENCE South 89°32'26" East, 460.96 feet with said right- of-way line; THENCE South 00°11'49" East, 2626.13 feet; THENCE North 89°30'53" West, 2470.68 felt to the POINT OF BEGINNING and containing 102.439 acres of land, more or less. (East of I.H. 35W and north and south of Eagle Parkway) Recommended from "J" Light Industrial to "K" Heavy Industrial Tract 3: Being a tract of land situated in the William Bush Survey, Abstract No. 205 and the T.J. Bates Survey, Abstract No. 205, Denton County, Texas and being situated about 17 i/2 miles south 30° west from Denton County Courthouse and being more particularly described by metes and bounds as follows: BEGINNING at the southwest corner of the Seventh Tract and the southeast corner of the First Tract as described by deed to Peterson Farms, Inc. and recorded in Volume 559, Page 308, D.R.D.C.T.; THENCE North 00°11'49" West, 2656.13 feet to a point in the south right-of-way line of Elizabeth Town Cemetery Road; THENCE South 89°40'22" East, 1860.21 feet with said south right-of-way line.; THENCE South 00°36'52" East, 652.16 feet; THENCE North 89°23'07" East, 375.00 feet; THENCE South 00°36'52" East, 167.60 feet; THENCE North 89°23'07" East, 420.16 feet; Z-91-001 THENCE South 00°36'40" West, 1877.00 feet; (Cont.) THENCE North 89°04'27" West., 2635.27 feet to the POINT OF BEGINNING and containing 149.095 acres of land, more or less. (East of I.H. 35W and north and south of Eagle Parkway) Recommended from "I" Light Industrial to "K" Heavy Industrial Tract 4: Being a tract of land situated in the A. Henderson Survey, Abstract No. 596, the A. Robinson Survey, Abstract No. 1119, the M.E.P. and P.R.R. Company Survey, Abstract No, 906, the H. Perry Survey, Abstract No. 1022, and the W. Bush Survey, Abstract No. 205, sit- uated about 17 i/2 miles south 30° west from the Denton County Courthouse in Denton County, Texas, being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod at the intersection of roads for the northwest corner of the Second Tract as de- scribed by deed to Peterson Farms, Inc. and recorded in Volume 559, Page 308, D.R.D.C.T., said point being in the east line of the P.K. Matthews Survey, Abstract No. 865 and the west line of said Henderson Survey; THENCE South 44° 28'24" East, 35.63 feet to the POINT OF BEGINN ING; THENCE Easte rly along the south line of a gravel road (Litse y Road ) the foll owing courses and distances: South 89°01' 38" East, 577.37 feet; South 89°52' 47" East, 1906.13 feet; South 75°04' 22" East, 331.96 feet; North 89°24' 37" East, 666.07 feet; THENCE Southerly along the east line of said Second Tract the following courses and distances: South 01°56' 05" West, 752.65 feet; South 65°13' 08" West, 1152.75 feet; South 08°37' 54" West, 62 35 feet; South 50°32' 19" East, 671.24 feet; South 21°28' 16" West, 482.93 feet; Z-91-001 South 00°01'46" East, 377.37 feet; (Cont.) South 25°58'14" West, 871.51 feet; THENCE North 89°16'46" West, 2387.58 feet; THENCE South 89°23'07" West, 420.16 feet; THENCE North 00°36'52" West, 813.60 feet; THENCE South 89°40'22" East, 463.77 feet; THENCE North 00°04'49" East, 2589.98 feet to the POINT OF BEGINNING and containing 232.669 acres of land, more or less. (East of I.H. 35W and north and south of Eagle Parkway) Recommended from "AR" Residential to "K" Heavy Industrial Z-91-002 Being a 1.058 acre tract of land situated in the E.S. Harris Survey, Abstract No. 688, Tarrant County, Texas and also being the same tract of land described in a deed to Martejora Enterprises, Co., Ltd. as recorded in Volume 6828, Page 2256, D.R.T.C.T. and being described by metes and bounds as follows: BEGINNING at a 1 inch iron pipe found for the Southwest corner of Lot 4, Block 12, Forest Park Place Addition, 2nd Filing, Tarrant County, Texas, recorded in Volume 388, Page 27, P.R.T.C.T. said 1 inch iron pipe being the Southeast corner of said 1.058 acre tract; THENCE North 00°11'58" East, along the west line of said Lot 4, Block 12, 150.91 feet to a i/2 inch iron rod found in the south line of a 15.0 foot wide alley for the Northwest corner of said Lot 4, Block 12; THENCE South 89°55'46" west, along the south line of said alley, passing the southeast corner of Lot 5, Block 13, Forest Park Place Addition, Tarrant County, Texas, recor- ded in Volume 1740, Page 255, D.R.T.C.T., continuing in all, 285.14 feet to a 1/2 inch iron rod found for the Northeast corner of Lot 4, Pearl Springs Addition, Tar- rant County, Texas, recorded in Volume 388-C, Page 49, P.R.T.C.T.; THENCE South 00°09'03" West, along the east line of said Lot 4, Pearl Springs Addition, 172.32 feet to a i!2 inch iron rod and Bois D'Arc stake found in the North line of Forest Park Drive, sometimes called Park Place Avenue, also known as a "Parkway" and making it the North en- trance to "Forest Park" conveyed by Cynthia Sisk and hus- Z-91-002 band to the City of Fort Worth by deed recorded in Volume (Cont.) 483, Page 62, D.R.T.C.T., for the southeast corner of said Lot 4; THENCE North 85°38'00" East, along the north line of said "Parkway" and Forest Park Drive, 285.90 feet to the POINT OF BEGINNING. Together with an easement granted by the City of Fort Worth to Forest Park .Apartments Inc., for an entrance to the above described land across the "Parkway" on the North side of Forest Park Drive by instrument recorded in Volume 337, Page 343, D.R.T.C.T. (2306 Park Place) Recommended from "C" Multi-Family to "C/HC" Multi-Family/ Historic and Cultural Subdistrict Z-91-003 South 26.7' of Lot 4, Lot 5, and the north 25' of Lot 6, Block 34, Ryan Place Addition (2912 5th Avenue) Recommended from "A" One-Family to "A/HC" One-Family/ Historic and Cultural Subdistrict Z-91-004 Being a tract of land situated in the Phillip Green Survey, Abstract No. 566, City of Fort Worth, Tarrant County, Texas and being a portion of that tract as de- scribed by deed to Hillwood/Park Glen, Ltd. and recorded in Volume 9357, Page 344, D.R.T.C.T., said tract being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron & Burgess" fAUnd at the most of a tract as described by d~ and recorded in Volume 9000, point being in the southerly fields Boulevard; rod with cap stamped "Carter northerly northwest corner eed to Centennial Homes, Inc. Page 2283, D.R.T.C.T., said right-of-way line of Summer- THENCE South 13°12'37" East, 550.00 feet along the wes- terly line of said Centennial Homes tract to a 5/8 inch iron rod with cap stamped "Carter & Burgess" found, a re- entrant corner of the same tract; THENCE South 69°30'19" West, 440.00 feet along the nor- therly line of said Centennial Homes tract to a 5/8 inch iron rod with cap stamped "Carter & Burgess" found in the easterly right-of-way line of Park Vista Boulevard, the beginning of a non-tangent curve to the right; Z-91-004 THENCE along the easterly right-of-way line of said Park (Cont.) Vista Boulevard, the following bearings and distances: 128.47 feet along the arc of said curve to the right through a central angle of 03°01'45", a radius of 2430.00 feet and a long chord of North 18°58'49" West, 128.45 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" set, the beginning of a compound curve to the right; 174.13 feet along. the arc of said compound curve to the right through a central angle of 10°10'51", a radius of 980.00 feet and a long chord of North 12°22'31" West, 52.35 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" set, the beginning of a reverse curve to the left; 52.37 feet along the arc of said reverse curve to the left through a central angle of 04°50'22", a radius of 620.00 feet and a long chord of North 09°42'17" West, 52.35 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" set, the beginning of a reverse curve to the right; 124.82 feet along the arc of said reverse curve to the right through a central angle of 02°57'27", a radius of 2418.00 feet and a long chord of North 10°38'44" West, 124.80 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" set; North 09°10'00" West, 74.15 feet to a 5/8 inch iron rod with cap stamped "Canter & Burgess" set, the beginning of a curve to the right; 125.66 feet along the arc of said curve to the right through a central angle of 90°00'00", a radius of 80.00 feet and a long chord of North 35°50'40" East, 113.14 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" set in the southerly right-of-way line of Sum- merfields Boulevard; THENCE along the southerly right-of-way line of said Sum- merfields Boulevard, the following bearings and distan- ces; North 80°50'00" East, 252.98 feet to a S/8 inch iron rod with cap stamped "Carter & Burgess" set, the beginning of a curve to the left; 95.10 feet along the arc of said curve to the left through a central angle of 04°19'27", a radius of 1260.00 feet and a long chord of North 78°40'16" East, 95.07 feet to the point of beginning and containing 5.968 acres of land, more or less. Z-91-004 (8010 Park Vista Boulevard) (Cont.) Recommended from "E" Commercial to "CF" Community Facilities Z-91-006 Being a 0.0742 acre portion of Lot B, Block X, Yeats Addition, an Addition to the Gity of Fort Worth, Tarrant County, Texas, according to the plat recorded in Volume 388-124, Page 49, D.R.T.C.T., and being further described by metes and bounds as follows: COMMENCING at a point in the west right-of-way line of Oakland Boulevard (a public right-of-way of variable width), being the most easterly northeast corner of said Lot B; THENCE North 89°53'00" West with a northerly boundary line of said Lot B, a distance of 69.76 feet to a point; THENCE South 00°03'09" West leaving said northerly boun- dary line, at 24.43 feet passing the northeast corner of a one story brick building, continuing with the face of said building for a total distance of 143.53 feet to the northeast corner and Place of Beginning of the herein de- scribed tract; THENCE South 00°03'09" West with the face of said build- ing, a distance of 70.90 feet to a point at the southeast corner of said one story brick building also being the southeast corner of the herein described tract; THENCE North 89°56'51" West with the face of said build- ing a distance of 40.00 feet to a point for the southwest corner of the herein described tract; THENCE North 00°03'09" East, a distance of SS. 10 feet to a point; THENCE North 89°56'51" West, a distance of 25.00 feet to a point; THENCE North 00°03`09" East, a distance of 15.80 feet to a point for the northwest corner of the herein described tract; THENCE South 89°56'51" East, a distance of 65.00 feet to the PLACE OF BEGINNING containing 0.0742 acres or 3,231 square feet as surveyed on the ground by Dunaway Associ- ates/Surveying, P.C. in the month of December, 1990. 2-91-006 (2600 Block of Oakland Boulevard) (Cunt ) Recommended from "E" Commercial to "PD/SU" Planned Devel- opment/Specific Use to permit all uses in the "E" Commer- cial District and the sale of used furniture. Provided that there is no outside display or storage of merchan- dise. Waiver of site plan recommended. Z-91-008 Being a portion of Lot 10, Block 4, Homer L. Aikman Addi- tion, an addition to the City of Fort Worth, Tarrant County, Texas, according to plat recorded in Volume 626, Page 581-583, D.R.T.C.T., all of Lot F, and a part of Lot G, said Block 4, according to plat recorded in Volume 388-0, Page 143, P.R.T.C.T., all being that same tract of land conveyed to Day Care Association of Fort Worth, re- corded in Valume 5657, Page 759, D.R.T.C.T., described by metes and bounds as follows; BEGINNING at a 5/8 inch iron pin 1.7 feet South of a wood fence corner and i foot west of a chain link fence, being the southwest corner of Lot F, the southeast corner of Lot 6, and the west line of Lot 10, said Block 4; THENCE North 00°45'00" East, with the west lines of Lot F and Lot 10, 122.00 feet to a 5/8 inch iron pin 0.8 feet West and 2.2 feet South of a steel fence corner; THENCE South 89°15'00" East, at 55 feet the east line of Lot G, in all 65 0 feet to a 5/8 inch ron pin 2.2 feet south of a steel fence corner; THENCE South 00°45'00" West, 128.74 feet to an "X" scribed in concrete in the north line of Plumwood Street, a 3/4 inch iron pin found in concrete bears North 19° East 3.2 feet; THENCE North 83°20'00" West, with the North line of said street, at 10 feet the Southeast corner of Lot F, in all 65.35 feet to the POINT OF BEGINNING and containing 0.1871 acres of land. (2805 Plumwood Street) Recommended from "E" Commercial and "I" Light Industrial to "E" Commercial 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 suitabil- ity 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 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 dis- position 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, para- graph or section or this ordinance shall be declared vofe, ineffec- tive or unconstitutional by the valid judgement 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 in- corporation 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 (2000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. t, ,~ . 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: ~ s s f City Attorney Date: 2- -- 1 3 - p~ / Adopted : ~ " /~ r