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HomeMy WebLinkAboutOrdinance 9860ORDINANCE AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE N0.3011, AS AMENDED, 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 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-87-005 Lots 29, 30, 31, and 32, Block 88, Chamberlain Arlington Heights Addition, First Filing (5416 and 5420 Birchman Street) From B" Two-Family to "PD-SU" Planned Development/Specific Use to permit a beauty shop, with Waiver of required site plan, Subject to a six foot screening fence along the rear property line; Building to be constructed within the rear half of the property in accordance with standard required Zoning Ordinance setbacks for the rear and side property lines, No vehicular access to the alley, Front yard parking allowed behind a four foot landscaped strip, said strip to be located within the subject property, adjacent to the front property line, exclusive of driveways. Z-87-014 SITUATED in the City of Fort Worth, Tarrant County, Texas, and being a tract of land in the J. M. B. Smith Survey, Abstract No. 14.12, and being more fully described as follows BEGINNING at a point in the southerly line of Alta Mesa Boulevard (variable width right-of-way), said point being 30.26 feet South 83 degrees, 40 minutes, 15 seconds East from the northeast corner of Lot 1R-1, Block 1, Alta Mesa Village Addition, as shown on plat recorded in Volume 388-182, Page 65, of the Tarrant County Plat Records, THENCE South 83 degrees, 40 minutes, 15 seconds East with said southerly line of Alta Mesa Boulevard, 140.91 feet, THENCE South 69 degrees, 40 minutes, 15 seconds East with said southerly line of Alta Mesa Boulevard, 140.91 feet; THENCE South 83 degrees, 50 minutes, 10 seconds East continuing with said southerly line of Alta Mesa Boulevard, 41.98 feet, THENCE South 24 degrees, 25 minutes, 50 seconds East, 249.61 feet; THENCE South 16 degrees, 24 minutes, 10 seconds West, 170.78 feet; THENCE North 89 degrees, 45 minutes, 20 seconds West and parallel with the north line of Block 12, South Creek Addition, as shown in Volume 388-157, Pages 65 and 66, said Plat Records, 323.89 feet; THENCE North O1 degree, 15 minutes West and parallel with and 30 feet easterly from the east line of said Lot 1R-1, 445.75 feet to the PLACE OF BEGINNING, and containing 3.22 acres (140,263 square feet). (3325 Al"tamesa Boulevard) From "E" Commercial to "F-R" Restricted Commercial Z-87-017 Residue of Lot 5 and all of Lot 6, Block 8, College Hill Addition (901 West Cannon Avenue) From "D" Multi-Family t-o "CF" Community Facilities -2- Z-87-018 Lots 128, 129, and 131, Oarlocks Revision of Lots 122 to 139, Dissell Tract Addition (1000 block of 9th Avenue) From "D" Multi-Family to "G" Commercial Z-87-019 Lot 8, Block 3, Weisenberger City Addition (5028 Laster Road) From "B" Two-Family to "I" Light Industrial Z-87-020 BEING a 0.719 acre tract of land out of the Abner Lee Survey, Abstract No. 931, in Tarrant County, Texas, and being a portion of the tract conveyed by Mrs. C. A. Tye, Et-Al to John H. Tye by Quit Claim Deed recorded in Volume 496, Page 547, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows, BEGINNING at a 1/2 inch iron pin at a fence corner and at an "L" corner of a 7 .31 acre tract of 1 and conveyed by Irvin Curt Apel and wife, Billie Verne Apel to Spinks Industries by deed recorded in Volume 5374, Page 371, Deed Records of Tarrant County, Texas; THENCE North 00 degrees, 02 minutes, 30 seconds east along a fence and along an east line of said 7.31 acre tract, 151.35 feet to a 3/4 inch iron pin for corner at an "L" corner of said 7.31 acre tract, THENCE North 89 degrees, 53 minutes east along a south line of said 7.31 acre tract to a 5/8 inch iron .pin for corner in the west line of Oak Grove Road, THENCE along the west 1 ine of said Oak Grove Road, south 28 degrees, 31 minutes west, 57.05 feet and south 02 degrees, 06 minutes west, 101.75 feet to a post for corner, THENCE west along a fence, 200.0 feet to the POINT OF BEGINNING and containing 0.719 acre of land, more or less, and being the same tract conveyed to Delbert R. Stembridge, Trustee, by Deed recorded in Volume 5711, Page 622, Deed Records, Tarrant County, Texas. (13,450 block of Oak Grove Road South) From "AG" Agricultural to "I" Light Industrial -3- Z-87-021 BEING 3.57 acres of land out of the J. Asbury Survey, Abstract No. 47, in Tarrant County, Texas, described as follows• BEGINNING at the Southeast corner of Lot 1, Block D, Highland Terrace Addition to the City of Fort Worth, Tarrant County, Texas, as shown in Volume 388-Eight, Page 87, of the Deed Records of Tarrant County, Texas; THENCE South 89 degrees 52 minutes East with fence line 540.0 feet, an iron pin in the West line of U.S. High- way No. 81; THENCE North 00 degrees 04 minutes West with said West line 252.0 feet, an iron pin, r THENCE North 87 degrees 52 minutes West 354.6 feet, an iron pin; THENCE North 10 degrees 17 minutes West 108.7 feet, an iron pin in the South line of said Block D, Highland Terrace, THENCE South 76 degrees 33 minutes West with the South line of said Block D, at 11.7 feet, the Southwest corner of Lot 9 and the Southeast corner of Lot 8, Block D, Highland Terrace, in all 171.2 feet, an iron pin, the most Southerly Southwest corner of Lot 6 and the Northeast corner of Lot 5; THENCE South 00 degrees 06 minutes East with the East line of said Block D, 330.0 feet to the place of beginning, SAVE and EXCEPT any part or portion thereof in the use or occupancy of any public road or highway. (6410 South Freeway (I.H #35 W) From "A" One-Family and "E" Commercial to "CF" Community Facilities Z-87-023 ALL that certain lot, tract, or parcel of land in the R. Burnett Survey, Abstract No. 1922, Tarrant County, Texas and being a part of that certain tract of land conveyed to C. 0. Edwards Estate, by the deed recorded in Volume 1129, Page 620, Deed Records, Tarrant County, Texas (D.R., T.Co., Tx.), and being more particularly described by metes and bounds as follows, BEGINNING at the Southwest corner of that certain Lot 26, Block 18, Overton South Addition, an addition to the City of Fort Worth, according to the plat recorded in Volume 388-191, Page 16, Plat Records, Tarrant County, Texas (P.R., T.Co., Tx.), said point being in the East right-of-way (R/W) line of Hulen Street; -4- Z-87-023 THENCE departing said East R/W line and with the South (Cont.) line of said Lot 26, South 78 degrees 54 minutes 46 seconds East 297-92/100 feet to the Southeast corner of said Lot 26 and being in the West line of that certain Lot 12, Block 18, Overton South Addition, an addition to the City of Fort Worth, according to the plat recorded in Volume 388-126, Page 20, P.R., T.Co., Tx., THENCE with the West line of Lots 12 and 13, said Block 18, South 12 degrees 08 minutes 43 seconds West 113-04/100 feet to a point in the West line of said Lot 13; THENCE with the West l i ne of Lots 13, 14, and 15, said Block 18, South 16 degrees 13 minutes 19 seconds West 205-05/100 feet to a point in the West line of said Lot 15, THENCE with the West line of Lots 15, 16, and 17, said Block 18, South 20 degrees 17 minutes 43 seconds West 205-04/100 feet to a point in the West line of said Lot 17; THENCE with the West line of Lots 17 and 18, said Block 18, South 24 degrees 28 minutes 43 seconds West 39-69/100 feet to a point in the West line of said Lot 18, THENCE departing said West line North 66 degrees 52 minutes 45 seconds West 298-44/100 feet to a point in the curved East R/W line of the aforesaid Hulen Street, said curve to the left having a radius of 2,582-53/100 feet and a long chord which bears North 17 degrees 34 minutes 28 seconds East 499-22/100 feet, THENCE with said curved East R/W line in a North- easterly direction, an arc distance of 500-00/100 feet to the PLACE OF BEGINNING, containing in all some 3.641 acres of land. (5700 block of South Hulen Street [immediately south of Remington Park Shopping Center]) From "C-R" Multi-Family to "E" Commercial Z-87-025 TRACT 1 BEING a tract or parcel of land out of Lot B-1, Block 2, West Plaza Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 388-137, Pages 28 and 29, Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows, -5- Z-87-0.25 BEGINNING at the northeast corner of Lot D, Block 2, (Cont.) West Plaza Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-198, Page 75, Deed Records, Tarrant County, Texas, said POINT OF BEGINNING also situated in the west right- of-way line of Cherry Lane, a 100 foot public right-of- way, THENCE South 89° - 43' - 00" West, with the north property line of said Lot D, Block 2, West Plaza Addi- tion, and with the south property line of said Lot B-1, Block 2, West Plaza Addition, a distance of 405.25 feet to a point; THENCE North 02° - 39' - 09" West leaving the south property line of said Lot B-1, Block 2, West Plaza Addi- tion, a distance of 16.21 feet to a point; THENCE North 88° - 12' - 49" East, a distance of 299.98 feet to a point; THENCE North 85° - 54' - 52" East, a distance of 90.82 feet to a point in the west right-of-way line of said Cherry Lane, said point also being a point on a curve to the right whose radius bears South 61° - 41' - 24" West, 1,095.92 feet, THENCE along said curve in a southeasterly direction through a central angle of O1° - 46' - 04" with the West right-of-way line of said Cherry Lane, an arc length of 33.81 feet to the POINT OF BEGINNING of herein described tract and containing 8,719.00 square feet or 0.20 acres of land. (2700 block of Cherry Lane [+ 560 feet north of Calmont Avenue]) From "E" Commercial to "F-R" Restricted Commercial TRACT 2 BEING a tract or parcel of land out of the Hays Coving- ton Survey, Abstract No. 256 and being a portion of that certain tract of land conveyed to Ryan Mortgage Company as recorded in Volume 4674, Page 223, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows, BEGINNING at the southwest corner of Lot D, Block 2, West Plaza Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-198, Page 75, Deed Records, Tarrant County, Texas; -6- Z-87-025 THENCE South 89° - 43' - 00" West, a distance of 2.16 (Cont.) feet to a point; THENCE North 02° - 39' - 09" West, a distance of 218.19 feet to a point in the south property line of Lot B-1, Block 2, West Plaza Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-137, Pages 28 and 29, Deed Records, Tarrant County, Texas; THENCE North 89° - 43' - 00" East, with the south property line of said Lot B-1, Block 2, West Plaza Addi- tion, a distance of 11.18 feet to the northwest corner of said Lot D, Block 2, West Plaza Addition; THENCE South 00° - 17' - 00" East, leaving the south property line of said Lot B-1, Block 2, West Plaza Addi- tion and with the west property line of said Lot D, Block 2, West Plaza Addition, a distance of 218.0 feet to the POINT OF BEGINNING of herein described tract and containing 1,454 square feet of 0.03 acres of land. (2700 block of Cherry Lane [+ 560 feet north of Calmont Avenue]) From "E" Commercial to "F-R" Restricted Commercial Z-87-0.27 Lots 1-5, Block 2, Zihlman Addition (3617-3633 Modlin Avenue) From "C" Multi-Family to "CF" Community Facilities Lots 10-14, Block 2, Zihlman Addition (3616-3632 Mattison Avenue) From "E-R" Restricted Commercial to "CF" Community facilities Z-87-029 BEING a tract or parcel of land out of the William Bussell Survey #151 in Tarrant County, Texas, described by metes and bounds as follows; BEGINNING at a point at the North line of Sam Evans Street (now West 5th Street), 553 feet West of the intersection of the North line of Sam Evans Street (now West 5th Street) with the West line of Carroll Street; THENCE North 125 feet, THENCE West, parallel with the North line of Sam Evans Street (now West 5th Street) 250 feet, -7- Z-87-029 THENCE South 125 feet to the north line of Sam Evans (Cont.) Street (now West 5th Street); THENCE East 250 feet to the PLACE OF BEGINNING. (2800-2812 West Fifth Street) From "C" Multi-Family to "I" Light Industrial 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 popu- lation, 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 reason- able 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 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. 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 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, ineffective- ness 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, ineffec- tive 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 (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 1~ ~ City Attorney D at e Adopt Effec -9-