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HomeMy WebLinkAboutOrdinance 10318S~ ORDINANCE j ~" AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO 3011, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICT- ING THE LOCATION AND USE OF 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 THE 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 ORDINANCE; PROVIDING A SAV- INGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; PROVIDING FOR ENGROSS- MENT AND ENROLLMENT; FROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATA. 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-89-028 ALL that certain lot, tract or parcel of land located in the 3. Howard, Abstract 69~; George Shields, Abstract 1,436; and B B.B & C. RR. Co., Abstract 218, Surveys, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point in the West right-of-way (R/W) line of Hulen Street, said point bears along said line Soutn 00°09'07" West, 540 0 feet from its intersection with the South R/W line of Overton Plaza; THENCE Southerly with said West R/W line, the following two (2) courses and distances: (1) S 00°09'07" W, 431.2 feet to a 5/8 inch steel rod found at the beginning of a curve to the right having a radius of 808.18 feet; and ,;~ Z-89-028 (Cont.) (2) Southwesterly with the arc of said curve to the right, a distance of 200.98 feet to a 5/8 inch steel rod set in the North R/W line of Inter- state Highway No. 20; THENCE with said North R/W line, the following nine (9) courses and distances: (1) S 33°21'09" W, passing at 02.63 feet a Texas Highway Department (T.H.D ) concrete monument and continuing in all 76 0 feet to a T H D. concrete monument found at the beginning of a non-tangent curve to the right having a radius point that bears N 56°35'35" W, 160.0 feet; 42) Westerly with the arc of said curve to the right, a distance of 233.99 feet to a T.H.D concrete monument found; (3) N 63°42'48" W, 84.64 feet to a 5/8 inch steel rod set; (4) N 64°34'08" W, 224 62 feet to a T.H.D concrete monument found at the beginning of a non-tangent curve to the right, having a radius point that bears N 25°28'18" E, 2,884 79 feet; (5) Northwesterly with the arc of said curve, a distance of 176.68 feet to a 5/8 inch steel rod set; (6) N 61°01'10" W, 150.07 feet to a 5/8 inch steel rod set; (7) N 71°11'04" W, 1,230.53 feet to a T H D. concrete monument found at the beginning of a non-tangent curve to the left having a radius point that bears S 28°59'44" W, 5,765 58 feet; (8) Northwesterly with the arc of said curve to the left, a distance of 123.26 feet to a point at its intersection with the East line of present "G" Commercial zoning, according to Orinance No. 7197; THENCE departing said North R/W line and with the present common east line of said "G" Commercial zoning, the following three (3) courses and distances: (1) N 27°46'14" E, 63 85 feet to the beginning of a curve to the right, having a radius of 800 0 feet; -2- z-s9-ozs (Cont.) (2) Northeasterly with the arc of said curve, a distance of 293.70 feet to its point of tangency; (3) N 48°48'22" E, 393.66 feet to its intersection with the curved south line of Overton Plaza, whose radius point bears N 48°48'22" E, 1,418.28 feet; and t4) Easterly with the arc of a curve to the left having a radius of 1,208.21 feet, a distance of 184.29 feet to its intersection with the present west line of "G" Commercial zoning, according to Ordinance No. 7934; THENCE departing said South R/W line and with said common "G" Commercial zoning line, S 00°07' W, 470.0 feet and N 86°15'19" E, 810.0 feet to the PLACE OF BEGINNING and con- taming some 29 74 acres of land. (North of Southwest Boulevard and West of South Hulen Street) Recommended from "A" One-Family and "F" Commercial to "PD-SU" Planned Development/Specific Use to permit all uses allowed in the "G" Commercial District except the following: 1 The following Amusement enterprises, (unless any such use is in conjunction with a restaurant or hotel in which case such use shall be permitted): a. Bars b. Beer gardens c. Cocktail lounges d. Dance halls e. Lounges f. Nightclubs g. Taverns 2. Automobile, motorcycle or trailer sales. 3. Banks, savings and loans, and similar financial institutions. 4. Baths, turkish and similar massage and health treatments. 5 Billiard and pool halls. 6. Blood banks. 7. Boat sales. -3- a J Z-89-028 (Cont.) 9. Bus stations 10. Commercial swimming pools. 11 Drive-in businesses, including refreshment stands, cafes and restaurants, if same are located along Hulen Street or along Overton Plaza Drive east of Kingsridge Road. 12. Feed stores (provided feed stores for the sale of domestic pet foods are permitted). 13. Garages for repair of automobiles or paint and body shops far automobiles 14. Golf courses, including miniature courses, driving tees, driving ranges and "pitch and putt" courses. 15. Mini-warehouses 15 Newspaper distribution centers. 17 Pawnshops. 18. Recreational vehicle parks 19. Saddle and/or harness repair and sales. 20 Self-service or full-service car wash facilities 21 Sexually oriented businesses, as defined in Section 18(A) of the City of Fort Worth Zoning Ordinance. 22. Shooting galleries. 23. Skating rinks 24. Softball parks. 25 Teenage clubs. Supplemental Building Setback and Landscape Requirements: Development adjacent to South Hulen Street or Overton Plaza Drive shall be subject to the following restrictions (unless otherwise restricted): 1. Setbacks - The following building setbacks shall apply (unless otherwise restricted): -4- i Z-89-028 (Cont.) a. All retail buildings constructed along South Hulen Street, north of the South HulenlWestdale Street intersection, shall be constructed a minimum of fifty feet {50') from the easternmost property line of the subject property (50' minimum setback). b. All retail buildings constructed along Overton Plata Drive shall be setback a minimum of thirty feet t30') from the northern- most property line of the subject property t30' minimum setback). Provided, however, screening walls may be located within the supplemental building setback areas 2. Landscayina and Screening - The following landscaping and screening requirements shall apply to any retail uses that are located upon the subject property in the stipulated areas: a. A landscaped area at least twenty feet (20') in width shall be provided along the easternmost property line of the subject property in that area north of the South HulenlWestdale Street intersection. The minimum planting within such landscaped area shall consist of an average of one tree (either single trunk or multi-trunk) for every twenty-five (25) linear feet of such area. Single trunk trees shall be a minimum of ten feet (10') in height with a minimum trunk caliper of two and one-half inches t2-1/2") measured twelve inches {12") above the root ball. Multi°trunk trees shall consist of yaupon holly or crepe myrtle a minimum of eight feet (8') in height. b A landscaped area at least ten feet (10') in width shall be provided along the northernmost property line of the subject property that is contiguous to Overton Plaza Drive The minimum planting within such area shall consist of an average of one tree (either single trunk or multi-trunk) for every twenty-five t25} linear feet of such area. Single trunk trees shall be a minimum of ten feet (10') in height with a minimum trunk caliper of two and one-half inches {2-1/2") measured twelve inches {12") above the root ball. Multi-trunk trees shall consist of yaupon holly or crepe myrtle a minimum of eight feet t8') in height Provided, however, screening walls may be located within supplemental landscaped areas Other Requirements: 1. Access - Direct access to the property from South Hulen Street shall be limited to three driveway openings as follows: -5- Z-89-028 (Cont.) a. At the northeast corner of the property along South Hulen Street; b. At the intersection of Westdale and South Hulen Streets; and c At the southeast corner of the property along South Hulen Street (as far south as permitted by existing access controls) 2. Liahtinas - Exterior lighting consisting of security lighting and landscape lighting shall be designed and constructed to provide on-site lighting only Lighting fixtures shall be utilized which direct site lighting inward and downward to the greatest extent possible while still maintaining adequate levels of lighting for security purposes. Such lighting shall be shielded so as to prevent beams or rays from being directed toward adjacent residentially zoned properties. 3 Others - Any retail grocery store use on the property shall be located a minimum of two hundred fifty feet d250') west of the easternmost property line of the prperty No retail grocery store shall be oriented toward, or front upon, South Hulen Street. 4 Development Regulations - The height and Area Regulations of the "G" Commercial District shall prevail unless supplemented by more restrictive development requirements outlined in this Ordinance 5. Site Plan - A site plan is required for the eastern portion of the site within two hundred fifty feet (250') of the existing west right-of-way line of South Hulen Street The Site Plan requirements for the remainder of the property (west of the existing easternmost two hundred feet [250'] of the subject property) is waived. 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 a full and complete public hearing, with reasonable consideration, among other things, of the character of the district and its peculiar suitabi- -6- ,~,7 ~ ~~ lity 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 provi- sions 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 viola- tions, 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 One Thousand Dollars ($1,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense -7- ~~,~ ~ - .~ 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 ordinance 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 Article 1176b-1, Revised Civil Statutes of Texas. 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: City Attorney Date : ~ ~ r~ y Aaoptea= ~0 ~ 9 Effective: -8-