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Home My WebLink AboutOrdinance 10361r .. ~ ~``~ BUG °~` f ORDINANCE ~ ~ ltd 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 FOPULA- 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 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 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-89-062 Lots 37, 38, 39 and 40, Block 78, Chamberlain Arlington Heights Addition (5300 Pershing Avenue) From "E-R" Restricted Commercial to "PD-SU" Planned Development/Specific Use to permit all uses allowed in the "E-R" Restricted Commercial District and a floral/ gift shop with on-site catering Z-$9-063 Lots 12, 13 and 14, Block 13, Brooklyn Heights Addition (3609, 3613 and 3617 Locke Avenue) From "B" Two-Family to "I" Light Industrial Z-89-064 Lots B and C, Edna Estes Addition (4300 East Lancaster Avenue) From "B" Two-Family to "E" Commercial -, :~ ,. Z-89-066 ALL that certain lot, tract or parcel of land in the B.B.B & C. RR. Co Survey, Abstract 218, the George Shields Survey, Abstract 1436, and the James Howard Survey, Abstract 693, all in Tarrant County, Texas, being a portion of the C O Edwards Estate as described in Volume 1129, Page 620, a portion of that certain 17.00 acre Tract Four conveyed to Cassco Land Co., Inc., by deed recorded in Volume 6494, Page 389, and a portion of that 1 369 acre Second Tract conveyed to Cassco Land Co , Inc , by deed recorded in Volume 6886, Page 2336, D.R.T.C T and being mare particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch steel rod found in the curved south right-of-way line of Overton Plaza, having a radius of 1,208 21 feet, for the northwest corner of Lot 1, Black F, Overton West Addition, as recorded in Volume 388-133, Page 62, P.R.T.C.T ; THENCE with the west line of said Lot 1, Block F, South 00°09'07" W, 337 79 feet to a 5/8 inch steel rod found at the southwest corner of said Lot 1, Block F; THENCE with the south line of Lot 1, Block F, S 89°50'53°' E, 628 00 feet to a 5!8 inch steel rod found in the west right-of-way line of Hulen Street for the southeast corner of said Lot 1, Block F; THENCE departing said Lot 1, and with said west line of Hulen Street, S 00°09'07" W, 96.00 feet to a point at its intersection with the present line of "G" Commercial zoning, according to City of Fort Worth Ordinance No. 7934; THENCE departing Hu1en Street and with said present "G" Commercial zoning lines the following two (2) courses and distances; (1) South 86°15'19" W, crossing the line common to aforesaid Howard and Shields Surveys, in all 810.0 feet to a point, and (2) North. 00°07'00" E, crossing the line common to said Shields and B B B & C RR Co Surveys, in all 470.0 feet to a point at its intersection with the afore- mentioned curved south right-of-way line of Overton Plaza; THENCE departing said "G" Commercial zoning line, north- easterly with the arc of a curve to the left, having a radius of 1208 21 feet, crossing the line common to said B.B B & C RR Co and James Howard Surveys, in all 181.54 feet to the PLACE OF BEGINNING and containing some 3 641 acres of land. -2- Z-89-056 (font } (Northwest of the intersection of South Huien Street and I.H #820/20) From "G" Commercial to "PD-SU" Planned Development/ Spec- ific Use to permit all uses allowed in the "G" Commercial District except the following: 1. The following Amusement enterprises, tunless 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. 8 Bowling alleys 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 far the sale of domestic pet foods are permitted) 13 Garages for repair of automobiles or paint and body shops for automobiles 14 Golf courses, including miniature courses, driving tees, driving ranges and "pitch and putt" courses 15. Mini-warehouses. -3- Z-89-066 (Cont.) 16 Wewspaper 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 Buildina Setback and Landscape Reauirements: Development adjacent to South Hulen Street or Overton Plaza Drive shall be subject to the following restric- tions (unless otherwise restricted): 1 Setbacks - The following building setbacks shall apply (unless otherwise restricted) a All retail buildings constructed along South Hulen Street, north of the South HulenlWestdale Street intersection, shall be constructed a min- imum of fifty feet (50') from the easternmost property line of the subject property (50' mini- mum setback) b All retail buildings constructed along Overton Plaza Drive shall be setback a minimum of thirty feet (30') from the northernmost property line of the subject property (30' minimum setback) Provided, however, Screening walls may be located within the supplemental building setback areas. 2. Landscabina and Screenina - The following landscap- ing 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 Hulen/Westdale Street intersection The minimum planting within such -4- Z-89-066 {Cont.) 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 (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 (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 {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 (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 (8') in height. Provided, however, screening walls may be located within supplemental landscaped areas Other Requirements: Access - Direct access to the property from South Hulen Street shall be limited to three driveway openings as follows: 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 -5- Z-89-066 (Cont.) lighting shall be shielded so as to prevent beams or rays from being directed toward adjacent residen- tially zoned properties 3 Others - Any retail grocery store use on the property shall be located a minimum of two hundred fifty feet t250') 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 Regu- lations 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 Z-89-068 BEING a tract of land situated in the Phillip Green Survey, Abstract Number 566 and the Nancy Ann Robert Survey, Abstract Number 1275, both Tarrant County, Texas, and being a portion of that certain tract of land as described by deed to Hillwood/Park Glen Limited, as recorded in Volume 9357, Page 344, D.R T.C T., and being more particularly described by metes and bounds as follows: COMMENCING at the northeast corner of Phase II, Section IT, Huntington Village, as recorded in Volume 388/176, Page 78, said County Records; THENCE S 89°29'35" E, 2,174.77 feet along the southerly right-of-way line of Prewett Road; THENCE N 00°38'43" E, 16 50 feet; THENCE S 89°29'35" E, 340 16 feet to the POINT OF BEGINNING; THENCE N 00°04'01" E, 1,658 30 feet; THENCE S 89°28'58" W, 269 90 feet; THENCE N 00°00'06" E, 105 55 feet; THENCE N 89°36'00" W, 969 30 feet to a non-tangent curve to the right; -6- Z-89-068 (font ) THENCE 140 40 feet along the arc of said non-tangent curve to the right through a central angle of 06°42'12", a radius of 1,200.00 feet and a long chord which bears N 03°27'24" E, 140.32 feet; THENCE N 06°48'55" E, 487 67 feet to a nan-tangent curve to the left; THENCE 297 37 feet along the arc of said non-tangent curve to the Ieft through a central angle of 06°48'55", a radius of 2,500.00 feet, and a long chord which bears S 86°35'32" E, 297 20 feet; THENCE N 90°00'00" E, 1,062 61 feet to a curve to the left; THENCE 239.98 feet along the arc of said curve to the left through a central angle of 09°10'00'°, a radius of 1,500 00 feet and a long chord of N 85°25'00" E, 239.73 feet; THENCE N 80°50'00" E, 335.00 feet; THENCE S 09°10'00" E, 214 16 feet to a curve to the left; THENCE 1,127 19 feet along the arc of said curve to the left through a central angle of 25°50'00", a radius of 2,500..00 feet, and a long chord of S 22°05'00" E, 1,117 66 feet; THENCE S 35°00'00" E, 39.23 feet; ' THENCE S 47°00'00" W, 1,314.61 feet; THENCE S 38°01'32" W, 70 34 feet; THENCE S 32°20'51" W, 180 03 feet; THENCE S 56°41'31" W, 116 91 feet; THENCE N 89°29'35" W, 36.23 feet to the POINT OF BEGINNING and containing 60 7 acres of land, more or less (Southwest corner of Park Vista Boulevard and future Summerfields Boulevard) From "A-R" Residential to "A" One-Family Z-89-069 Lot 2R, Block A, Southland Terrace Addition (801 East Seminary Drive) From "E" Commercial to "F" Commercial -7- 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 weYfare 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- 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. -8- 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 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 t2) 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 /J^ / ~~ Adopted 4 " .. __ ~} Effective -9-