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Home My WebLink AboutOrdinance 22843-08-2017 ORDINANCE NO. 22843-08-2017 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 21653, 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 PENALTY CLAUSE; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: SECTION 1. SP-17-010 9100—9400 blocks Summer Creek Drive 10.36 acres Zoning Change: From: PD 971 "PD/D" Planned Development for all uses in "D" High Density Multifamily with a maximum of 24 units per acre,site plan required To: Provide required site plan for PD 971, site plan approved, attached as Exhibit "A" and on file in the Planning & Development Department to provide: minimum 34% open space, buildings fronting Summer Creek Blvd on the west and Chisholm Trail Park on the east include a minimum of 70% masonry, and trees to be planted between the buildings and park as feasible Description Being a tract of land situated in the Juan Albirado Survey, Abstract No. 4, City of Fort Worth, Tarrant County, Texas and being a part of that certain tract of land as described as Tract 3 by deed to SLF IV/Legacy Capital, L.P., recorded in County Clerk's Document No. D213014509 and correction deed, recorded in County Clerk's Document No. D214151266, Deed Records, Tarrant County, Texas, the name was amended by Certificate of Amendment with the Secretary of State for Texas, dated, November 21, 2014 to SLF 1V - Chisholm Trail, L.P., recorded in County Clerk's Document No. D215126386, Deed Records, Tarrant County, Texas, said tract of land bring more particularly described by metes and bounds as follows: Commencing at a point in the north right-of-way line of McPherson Boulevard (a variable width right-of- way) and the east right-of-way line of Summer Creek Drive (a variable width right-of-way), as shown on the plat for Summer Creek Drive and McPherson Boulevard Right-Of-Way, recorded in County Clerk's Document No.D213105897,Plat Records,Tarrant County,Texas; Thence departing the north right-of-way line of said McPherson Boulevard and with the east right-of-way line of said Summer Creek Drive the following courses and distances: North 22°24'06"West,a distance of 37.79 feet to a point; North 08°01'59" West, a distance of 79.12 feet to a point for the beginning of a curve to the left having a central angle of 01°40'27", a radius of 509.50 feet and a chord bearing and distance of North 08°52'13" West- 14.89 feet; With said curve to the left in a northwesterly direction,an arc length of 14.89 feet to a point; North 09°42'26" West, a distance of 108.64 feet to a 5/8" iron rod with yellow cap stamped "Dunaway Assoc.LP" found for POINT OF BEGINNING of herein described tract; Thence continuing with the east right-of-way line of said Summer Creek Drive the following courses and distances: North 09°42'26" West, a distance of 15.81 feet to a 5/8" iron rod with yellow cap stamped "Dunaway Assoc.LP"set for the beginning of a curve to the left having a central angle of 13°55'22", a radius of 1,525.00 feet and a chord bearing and distance of North 16°40'07"West-369.66 feet; With said curve to the left in a northwesterly direction,an arc length of 370.57 feet to a 5/8" iron rod with yellow cap stamped"Dunaway Assoc.LP"found; North 23°37'48" West, a distance of 138.81 feet to a 5/8" iron rod with yellow cap stamped "Dunaway Assoc. LP" found for the beginning of a curve to the right having a central angle of 42°20'34", a radius of 938.76 feet and a chord bearing and distance of North 02°27'31" West - 678.08 feet; With said curve to the right in a northwesterly direction, an arc length of 693.76 feet to a 5/8" iron rod with yellow cap stamped "Dunaway Assoc. LP" found for the southwest comer of that certain tract of land described by deed to the City of Fort Worth, recorded in County Clerk's Document Number D215249319,Deed Records,Tarrant County,Texas; Thence departing the east right-of-way line of said Summer Creek Drive with the south line of said City of Fort Worth tract,the following courses and distances: South 27°30'29"East,a distance of 13.91 feet to a 5/8" iron rod with yellow cap stamped"Dunaway Assoc.LP"found; South 73°25'25"East,a distance of 72.38 feet to a 5/8" iron rod with yellow cap stamped"Dunaway Assoc. LP" found for the beginning of a curve to the right having a central angle of 06°44'15", a radius of 490.00 feet and a chord bearing and distance of South 70°03'17"East-57.59 feet; With said curve to the right in a southeasterly direction,an arc length.of 57.62 feet to a 5/8" iron rod with yellow cap stamped"Dunaway Assoc. LP"found; South 23°18'50" West, a distance of 50.00 feet to a 5/8" iron rod with yellow cap stamped "Dunaway Assoc. LP" found for the beginning of a non-tangent curve to the right, having a central angle of 29'17'22",a radius of 440.00 feet and chord bearing and distance of South 52102'29"East- 222.49 feet; Ordinance 22843-08-2017 Page 2 of 5 With said non-tangent curve to the right in a southeasterly direction, an arc length of 224.93 feet to a 5/8" iron rod with yellow cap stamped"Dunaway Assoc.LP"found; South 37°23'47" East, a distance of 193.33 feet to a 5/8" iron rod with yellow cap stamped "Dunaway Assoc. LP" found; South 18'18'39"East, a distance of 56.65 feet to a 5/8" iron rod with yellow cap stamped"Dunaway Assoc. LP" found in the west right-of-way line of an un-improved 60' right-of-way dedicated for Summer Creek Boulevard,recorded in Cabinet B, Slide 1832,Plat Records,Tarrant County, Texas, the beginning of a non-tangent curve to the right, having a central angle of 01'50'07", a radius of 1,400.00 feet and a chord bearing and distance of South 20°05'24" West-44.84 feet; Thence departing the south line of said City of Fort Worth tract, with the west right-of-way line of said un- improved 60'right-of-way and with said non-tangent curve to the right in a southwesterly direction, an arc length of 44.85 feet to a 5/8" iron rod with yellow cap stamped "Dunaway Assoc.LP" found; Thence South 21'00'28" West, a distance of 29.62 feet to a 5/8" iron rod with yellow cap stamped "Dunaway Assoc. LP" found; Thence South 68°59'32" East, a distance of 60.00 feet to a 5/8" iron rod with yellow cap stamped "Dunaway Assoc. LP" set in the west line of Southwest Community Park, an addition to the City of Fort Worth, according to the Plat recorded in Cabinet B, Slide 1832, Plat Records, Tarrant County, Texas, from which a 5/8" iron rod with yellow cap stamped "SURVCON" bears South 30°45'26" East, a distance of 0.81 feet; Thence departing the west line of said un-improved 60' right-of-way and with the west line of said Southwest Community Park,the following courses and distances: South 11°55'21"East, a distance of 39.69 feet to a 5/8" iron rod with yellow cap stamped"Dunaway Assoc. LP" set from which a 5/8" iron rod with yellow cap stamped "SURVCON" bears South 23'5 I'16"East,a distance of 0.89 feet; South 00'15'23"East, a distance of 83.08 feet to a 5/8" iron rod with yellow cap stamped "Dunaway Assoc. LP" set from which a 5/8" iron rod with yellow cap stamped "SURVCON" bears South 11'27'23"East, a distance of 0.94 feet; South 17°09'11" East, a distance of 101.24 feet to a 5/8" iron rod with yellow cap stamped "Dunaway Assoc. LP" set from which a 5/8" iron rod with yellow cap stamped"SURVCON"bears South 19°52'02"East,a distance of 0.96 feet; South 22°09'49" East, a distance of 193.77 feet to a 5/8" iron rod with yellow cap stamped "Dunaway Assoc. LP" set from which a 5/8" iron rod with yellow cap stamped "SURVCON" bears South 16°31'44"East,a distance of 1.02 feet; South 2750'13"East, a distance of 97.98 feet to a 5/8" iron rod with yellow cap stamped"Dunaway Assoc. LP" set from which a 5/8" iron rod with yellow cap stamped "SURVCON" bears South 19°52'12"East,a distance of 0.95 feet; South 50°11'33"East, a distance of 76.25 feet to a 5/8" iron rod with yellow cap stamped "Dunaway Assoc. LP" set from which a 5/8" iron rod with yellow cap stamped "SURVCON" bears South 20°37'35"East,a distance of 1.06 feet; South 44°04'27" East, a distance of 103.66 feet to a 5/8" iron rod with yellow cap stamped "Dunaway Assoc. LP" found; Thence South 86°36'53" West, a distance of 546.25 feet to the Point of Beginning and containing a calculated area of 452,656 square feet or 10.391 acre of land. Ordinance 22843-08-2017 Page 3 of 5 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 suitability 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 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 Nos. 3011, 13896 or 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, 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 Ordinance 22843-08-2017 Page 4 of 5 shall be fined not more than Two Thousand Dollars ($2,000.00) 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 publish this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by V.T.C.A. Local Government Code Subsection 52.013. SECTION 8. That this ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: i � 'h gitySec By. Melinda Ramos, Sr. Assistant City Attorney ary J. 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