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HomeMy WebLinkAboutOrdinance 9694~. `~,, a ORDINANCE ~~~~~~ AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 3011, AS AMENDED, SAME BEING AlV ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, IN DUST RY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILD- INGS 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 MUNICI- PALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS AND SHOWING SUCH DIST RICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS" ; PROVIDING FOR INTERPRETA- TION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PRO- VIDING 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-86-113 Being a 3.872 acre tract of land situated in the Lydia Warwick Survey, Abstract No. 1663, Tarrant County, Texas, also being a portion of a 21.805 acre tract of land as recorded in Volume 403, Page 345, Deed Records, Tarrant County, Texas, more particularly de- scribed as follows: BEGINNING at the intersection of the south right-of- way of Shaw Street and the east right-of-way of College Avenue; Z-86-113 THENCE North 89 degrees 59 minutes 48 seconds East (Cont.) along the south right-of-way of Shaw Street a distance of 432.12 feet to a point; THENCE South 00 degrees 52 minutes 35 seconds East a distance of 293.05 feet to a point; THENCE South 89 degrees 59 minutes 48 seconds West a distance of 158.03 feet to a point; THENCE South 00 degrees 02 minutes 08 seconds East a distance of 99.83 feet to a point; THENCE South 89 degrees 59 minutes 48 seconds West a distance of 87.30 feet to a point; s THENCE South 00 degrees 02 minutes 08 seconds East a distance of 71.27 feet to a point; THENCE South 89 degrees 59 minutes 48 seconds West a distance of 191.09 feet to a point on the east right- of-way of College Avenue; THENCE North 00 degrees 02 minutes 08 seconds West along the east right-of-way of College Avenue a dis- tance of 464.11 feet, returning to the POINT OF BEGIN- NING and containing 3.872 acres. (Northwest corner of 1000 Shaw Street @ College Avenue) From "C" Multi-Family to "CF" Community Facilities Z-86-114 Lot 16, Block 2, Brentmoor Addition (721 Lamont Street) From "Bt1 T wo-Family to "E-R" Restricted Commercial Z-86-116 Being a 4.209 acre tract of land in the J. M. Robinson Survey, Abstract No. 1344 and generally located approximately 12 miles south from the Tarrant County courthouse, also being described as being a portion of that certain 5.0 acre tract conveyed to Baylor L. Looper by deed dated 7-17-53 and recorded in Volume 2638, Page 570 Deed Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: -2- Z-86-116 BEGINNING AT THE NORTHWEST CORNER OF Lot 1 Block 1, (Cont.) Deer Creek Acres as recorded in Volume 388-H, Page 423 Plat Records of Tarrant County, Texas; THENCE South 1327.78 feet along the west line of Block 1, Deer Creek Acres to an iron rod for corner; THENCE West 163.80 feet to an iron rod for corner in fence; THENCE North 1327.78 feet to an iron rod in the south right-of-way line of County Road 1099; THENCE East 163.80 feet along the south right-of-way line of said County Road 1099 to the place of begin- ning containing 4.209 acres of land, more or less. (424 Garden Acres Drive) From "C-R" Multi-Family Residential to "E-R" Re- stricted Commercial Z-86-117 COMMENCING at the northeast corner of the A. Castillo, said corner also being on the west line of the J. M. Pickett Survey; THENCE N 52° 1 8' 46" W a distance of 1 , 81 5.70 feet the POINT OF BEGINNING; THENCE N 86§09'00" E a distance of 146.00 feet to a point; THENCE S 88°50'00" E a distance of 578.00 feet to a point; THENCE S 72°32'27" E a distance of 135.12 feet to a point on a curve to the left whose center bears S 85°19'24" E a distance of 602.60 feet; THENCE along the curve to the left a distance of 185.89 feet to a point; THENCE S 77°00'00" W a distance of 74.46 feet to a point; THENCE S 42°15'00" W a distance of 185.00 feet to a point; -3- Z-86-117 THENCE S 30°56'00" W a distance of 135.00 feet to a (Cont..) point; THENCE N 73°20'00" VJ a distance of 716.00 feet to a point; THENCE S 16°31'00" W a distance of 716.00 feet to a point; THENCE N 72°42'00" W a distance of 187.56 feet to the beginning of a curve to the lef t whose center bears S _17°18'00" W a distance of 467.59 feet; THENCE along the curve to the left a distance of 134.39 feet to a point; THENCE N 00°50'00" E a distance of 234.00 feet to the beginning of a curve to the left whose center bears N 89°10'00" W a distance of 435.39 feet; THENCE along the curve to the left a distance of 337.94 feet to a point; THENCE N 65°33'00" E a distance of 301.52 feet to a point; THENCE N 30°25'00" E a distance of 284.00 feet to a point; THENCE S 88°10'00" E a distance of 300.00 feet to the POINT OF BEGINNING and containing 16.732 acres of land, more or less. (South of Columbus Trail and East of West Cleburne Road ) From "CF" Community Facilities to "A" One-Family Z-86-119 BEING a tract of land situated in the T. K. Hamby Survey, Abstract No. 815 in the City of Fort Worth, Tarrant County, Texas and being more particularly de- scribed as follows: BEGINNING at a point of intersection of the north line of Brentwood Stair Road (a variable width right-of- way) with the east line of Cooks Lane (a 120 foot right-of-way); -4- Z-86-119 THENCE N 0°06'59" W., 1028.68 feet along the said east (Cont.) line of Cooks Lane to a point for corner; THENCE S 71°10'58" E., 210.47 feet to a point for cor- ner; THENCE S 80°10'58" E., 160.00 feet to a point for cor- ner; THENCE S 74°09'21" E., 218.01 feet to a point for cor- ner; THENCE S 12°08'10" W., 40.00 feet to a point for cor- ner; THENCE S 68°52'38" E., 110.00 feet to a point for cor- ner ; THENCE S 83°36'39" E., 125.00 feet to a point for cor- ner; THENCE S 74°06'49" E., 110.00 feet to a point for cor- ner; THENCE S 60°55'06" E., 124.27 feet to a point for cor- ner; THENCE S 41°58'18" E., 60.00 feet to a point for cor- ner ; THENCE N 43°01'42" E., 245.00 feet to a point for cor- ner ; THENCE S 0°01'42" W., 827.27 feet to a point for cor- ner on the said north line of Brentwood-Stair Road. THENCE along the said north line of Brentwood-Stair Road the following courses and distances: S 89°42'45" W., 426.08 feet; Thence N. 58°16'56" W., 94.34 feet; Thence S 87°06'36" W., 90.23 feet 5 87°06'36" W, 130.00 feet, Thence S 76°14'47" W., 154.24 feet; Thence N 88°22'42" W., 117.61 feet; Thence S 89°42'45" W. , 210.57 feet to the POINT OF BEGINNING and CONTAIN- ING 23.135 acres (1,007,760 square feet) of land. (Northeast corner of Cooks Lane and Brentwood Stair Road ) From "C" Multi-Family Residential to "PD-E" Planned Development/Commercial permitting the following uses: -5- Z-86-119 1. Any uses permitted in the "E-R" Restricted Commer- (Cont.) cial District. 2. On-premise signs (as defined in the Fort Worth Sign Code) may be placed or erected on the ground or on the building, but shall not be erected in the front yard, except that single-pole signs may be located in the front or side yard under the following conditions: Every portion of such sign extending over the required yard shall have a minimum clearance of eleven (11) feet; b) Signs shall be supported by a single free-standing pole without guy wires or braces; c) Signs in the front yards shall be located not less than forty (40) square feet; d) Signs in the front yards shall be located not less than forty-eight (48) feet from Districts "A", "A-R", "B" , "R-1 ", "C-R" , "C" , "D" , "D-H R1 " or "D-H R2" ; e) Not more than one pole sign shall be erected in the required front yard for each fifty (50) feet of street frontage, provided, however, on corner lots and through lots, one pole sign shall be allowed on each street on which the lot has frontage; f) The pole supporting such sign shall be limited to ten (10) inches in diameter or maximum dimension, with allowance for an appropriate base; g) Pylon type supports are prohibited; 2A. Off-premise signs, subject to "S" Overlay zoning classification; 7 . Banks . 10. Bird stores, pet shops, taxidermist shops or aquar- i um ; 11. Blueprinting or photostating; 14A. Cigar or tobacco stores; 15. Cleaning, dyeing and pressing works; laundry and washaterias, provided that the floor area does not -6- Z-86-119 exceed three thousand (3,000) square feet for separate (Cont.) or combined uses. 16. Confectionery stores; 17. Dancing Schools; 18. Delicatessen shops; 21. Drug stores; 22A. Duplicating service, by mimeographing, multi- graphing and off-set printing, provided that the floor area does not exceed two thousand (2,000) square feet; 25. Florist or gift shops; 31. Jewelry stores, optical goods; 35A. Offices; 38R. Restaurants, cafes, cafeterias: including restau- rants and cafes legally authorized (by duly issued permits from the City and State) to sell alcoholic beverages for consumption on the premises. The terms restaurants, cafes, used herein, refers to places which are regularly open in a bona fide manner; which are used and kept open for the service of food to cus- tomers for compensation; which have suitable seating for guests; which have suitable facilities for prepa- ration and service of an assortment of foods commonly ordered at various hours of the day or night and the serving of food is the primary business of such places, and which may, as an ancillary use, provide patrons with space for dancing or permit patrons to dance; 42. Accessory buildings and uses customarily incident to any of the above uses, including air conditioning, ice and refrigerating plants purely incidental to a main activity permitted on the premises. No accessory use shall be construed to permit the keeping of articles or material in the open or on the outside of the building; 43. Special exception uses when authorized by the Board of Adjustment under the provisions of Section 20; -7- Z-86-119 And subject to the following restrictions: (Cont.) 1. All buildings shall have a minimum setback of 100 feet from Cooks Lane and Brentwood Stair Road; 2. A landscaped buffer shall be maintained within 50 feet of Cooks Lane and Brentwood Stair Road and no parking or structures shall be allowed within this 50-foot setback; 3. In all other regards the height and area regulations in the t1E" Commercial District shall apply. Z-86-121 Lots 128 and 129, Block 8, McConnell's Addition (1233 East Rosedale Street) From "A" One-Family to "E" Commercial Lots 130 and 131, Block 8, McConnell's Addition (1233 East Rosedale Street) From "A" One-Family and "F" Commercial to "E" Commer- cial Z-86-126 North half of Lot 2, Block A, L. W. Moore Addition (North 30' of San Luis Trail) From "CF" Community Facilities to "D" Multi-Family Z-86-127 BEING a parcel or tract of land out of Lot 1, Block B, River Hills Addition Phase II, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 388-195, pages 19 and 20, Deed Records, Tarrant County, Texas; COMMENCING at the northwest corner of Lot 3, Block A, of said River Hills Addition Phase II and the most western southwest corner of said Lot 1, Block B, River Hills Addition Phase II; THENCE South 60° - 23' - 49" East, with the south line of said Lot 1, Block B, a distance of 459.90 feet to a point; -8- Z-86-127 THENCE South 28° - 30' - 33" East, a distance of 45.99 (Cont.) feet to a point; THENCE North 37° - 50' - 29" East, a distance of 358.71 feet to the POINT OF BEGINNING of herein de- scribed tract; THENCE North 03° - 21' - 05" East, a distance of 620.0 feet to a point; THENCE North 46° - 32' - 40" West, a distance of 472.71 feet to a point; THENCE North 00° - 28' - 18" West, a distance of 200.0 feet to a point in the north property line of said Lot 1, Block B, said point also being in the south property line of Lot 1, Block 14, Bellaire Park North, Phase III, as recorded in Volume 388-195, Page 50, Deed Records, Tarrant County, Texas; THENCE North 89° - 31' - 42" East, with the north property line of said Lot 1, Block B, a distance o.f 548.67 feet to a point in the west right-of-way line of Oakmont Boulevard, a public street, said point also being a point on a curve to the right whose radius bears South 52° - 01' - 08" West, a distance of 816.0 feet ; THENCE along said curve through a central angle of 4° - 56' - 25" with the west right-of-way line of said Oakmont Boulevard an arc length of 70.36 feet to the beginning of a curve to the right whose radius bears South 56° - 57' - 32" West, a distance of 590.0 feet; THENCE along said curve through a central angle of 20° - 00' - 55", an arc length of 206.11 feet to the beginning of a curve to the left whose radius bears North 76° - 58' - 27" East, a distance of 1,010.0 feet; THENCE along said curve through a central angle of 02° - 26' - 38" an arc length of 43.08 feet to the beginning of a curve to the right whose radius bears South 74° - 31' - 49" West, a distance of 804.0 feet to a point; THENCE along said curve through a central angle of 26° - 04' - 35" an arc length of 365.92 feet to a point; -9- Z-86-127 THENCE South 37° - 50' - 29" West leaving the west (Cont.) right-of-way line of said Oakmont Boulevard a distance of 631.14 feet to the POINT OF BEGINNING of herein described tract and containing 425,606 square feet or 9.7706 acres of land. (7901-7999 Oakmont Boulevard) From "C" Multi-Family to "E" Commercial SECTION 2 . That the zoning regulations and districts, as herein estab- lished, 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 concentra- tion of population; to facilitate the adequate provisions of transportation, water, sewerage, parks and other public require- ments. 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 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 in- stances where provisions of such ordinances are in direct con- flict 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, sen- -10- tence, 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 sec- tions 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. SECT ION 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 FOR D LEGALITY: City Attorney Date : ~ ~ ~ ~ - ~ Adopted: Effective: -11-