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HomeMy WebLinkAboutOrdinance 22857-08-2017 ORDINANCE NO. 22857-08-2017 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. ZC-17-092 9000-9900 blocks Park Drive, 8900-9300 Boat Club Road, 10101, 10125, 10151 and 10159 Saginaw 862.00 acres Zoning Change: From: "AG"agricultural, "E"Neighborhood Commercial and "I"Light Industrial To: PD for Planned Development for "A-S"One-Family, "A-7.5"One-Family, "A-10" One-Family, "A-21" One-Family, "RI" Zero Lot Line/Cluster, "R2" Townhouse/Cluster with development standards attached as Exhibit A & B; site plan waived Description East Tract 1 Being a tract of land situated in the Benjamin Thomas Survey, Abstract Number 1497, Tarrant County, Texas and being all that tract of land conveyed to BOA SORTE LIMITED PARTNERSHIP, et al according to the document field of record in Document Number D205064579, Deed Records of Tarrant County,Texas and being more particularly described as follows: Beginning at a point for the most westerly southwest corner of said BOA SORTE tract; Thence North 00°11'30"East,a distance of 6469.11 feet to the point for corner; Thence North 89°40'29"East,a distance of 900.00 feet to a point for corner; August 29, 2017 Ordinance Page 1 Thence North 00°19'50"west,a distance of 20.00 feet to a point for corner; Thence North 89°39'58"east, a distance of 5730.95 feet to a point at the beginning of a non-tangent curve to the left having a central angle of 2°02'46", a radius of 5669.58 feet, a chord bearing and distance of South 28°11'06"East,202.46 feet; Thence in a Southeasterly direction,with said curve to the left,an arc distance of 202.47 feet to a point for corner; Thence South 60'32'17"West,a distance of 145.77 feet to the point for corner; Thence South 89°26'26"West,a distance of 1355.40 feet to a point for corner; Thence South 00°30'34"East,a distance of 2122.32 feet to a point for corner; Thence South 89°47'01"West,a distance of 2761.33 feet to a point for corner; Thence South 88°35'01"West,a distance of 345.70 feet to a point for corner; Thence South 89°35'51"west,a distance of 406.88 feet to a point for corner; Thence South 00°20'50"East,a distance of 2624.31 feet to a point for corner; Thence North 59°59'20"East,a distance of 167.44 feet to a point at the beginning of a tangent curve to the right having a central angle of 13°40'02", a radius of 598.14, feet a chord bearing and distance of North 66°49'21"East, 142.34 feet; Thence in a Northeasterly direction,with said curve to the right,an arc distance of 142.68 feet to a point for corner; Thence North 89°38'52"East,a distance of 150.66 feet to a point for corner; Thence South 00°26'31"West,a distance of 27.59 feet to a point at the beginning of a non-tangent curve to the left having a central angle of 28°07'16", a radius of 548.13 feet, a chord bearing and distance of South 74°12'29"West,266.34 feet; Thence in a Southwesterly direction,with said curve to the left,an arc distance of 269.03 feet to a point for corner; Thence South 59°59'01"West,a distance of 357.66 feet to a point at the beginning of a tangent curve to the right having a central angle of 15°31'55", a radius of 598.14 feet, a chord bearing and distance of South 67°44'59"west, 161.65 feet; Thence in a Southwesterly direction, with said curve to the right, an arc distance of 162.15 feet to a point for corner; Thence South 89°51'43" West, a distance of 1511.21 feet to the Point of Beginning and containing 567.204 acres of land more or less. Description West Tract 2 Being a tract of land situated in the Benjamin Thomas Survey, Abstract No. 1497, the J.H. Simmons Survey, Abstract Number 1486 and the D.F. McCarty Survey, Abstract Number 1079, Tarrant County, Texas and being all that tract of land conveyed to BOA SORTE LIMITED PARTNERSHIP, et al according to the document field of record in Document Number D205064579, Deed Records of Tarrant County,Texas(D.R.T.C.T.),and being more particularly described as follows: Beginning at the westerly most southwest corner of said BOA SORE tract; August 29, 2017 Ordinance Page 2 Thence North 0025'34"East,a distance of 2875.82 feet to a point for corner; Thence South 89°51'50"East,a distance of 1661.24 feet to a point for corner; Thence South 89057'47"East,a distance of 2493.23 feet to a point for corner; Thence South 0013'39" West,a distance of 2581.31 feet to a point for corner; Thence North 89°46'21"West,a distance of 658.65 feet to a point for corner; Thence South 0045'28"East,a distance of 464.17 feet to a point for corner; Thence South 89°48'03"West,a distance of 760.50 feet to a point for corner; Thence South 16°1T31" West, a distance of 100.00 feet to a point at the beginning of a non-tangent curve to the left having a central angle of 11031'08", a radius of 1095.92 feet, a chord bearing and distance of North 79002'33"West,219.96 feet; Thence in a northwesterly direction,with said curve to the left, an arc distance of 220.33 feet to a point for corner; Thence North 84046'27" West,a distance of 2519.07 feet to the Point of Beginning and containing 280.89 acres of land,more or less. Zoning Change: From: "AG"agricultural, "E"Neighborhood Commercial and `I"Light Industrial To: "E"Neighborhood Commercial Description Being a tract of land situated in the Benjamin Thomas Survey,Abstract No. 1497,the J.H.Simmons Survey,Abstract Number 1486 and the D.F.McCarty Survey,Abstract Number 1079,Tarrant County, Texas and being a portion of that tract of land referred to as the"West Tract"conveyed to BOA SORTE LIMITED PARTNERSHIP,et al according to the document field of record in Document Number D205064579,Deed Records of Tarrant County,Texas and being more particularly described as follows: Beginning at a point in the north line of Park Lane,same point being the most easterly southeast corner of said BOA SORTE tract: Thence South 89°51'43"West,with said north line and passing at a distance of 62.79 feet the most westerly southeast corner of said BOA SORTE tract,the northeasterly line of State Highway 1220,a total distance of 166.19 feet to a point for corner in the southwesterly line of said State Highway 1220,a.k.a.Boat Club Road,said point being at the beginning of a non-tangent curve to the left having a radius of 1095.92 feet,a central angle of 13026'44"and a chord bearing and distance of North 22015'52"West,256.59 feet; Thence in a northwesterly direction,with said southwesterly line and curve to the left,an arc distance of 257.18 feet to a point for corner; Thence North 28059'14"West,continuing with said line,a distance of 946.21 feet to a point for corner; Thence North 61°01'33"East,leaving said line,a distance of 100.00 feet to a point for corner in the above mentioned northeasterly line of State Highway 1220; Thence North 0045'28" West,leaving said northeasterly line,a distance of 1149.98 feet to a point for corner; Thence South 89°46'21"East,a distance of 658.65 feet to a point for corner in the east line of the above mentioned BOA SORTE tract; August 29, 2017 Ordinance Page 3 Thence South 0013'39" West,with said east line,a distance of 2260.46 feet to the Point of Beginning and containing 28.42 acres land,more or less. ZC-17-103 529 Athenia Drive 3.39 acres Zoning Change: From: `B" Two-Family To: "UR" Urban Residential Description Being a 3.387 acre tract of land situated in the B.D.Alford Survey, Abstract Number 37, in the City of Fort Worth, Tarrant County, Texas and being a portion of a 5 acre tract of land according to the deed recorded in Volume 6208, Page 901 of the deed records of Tarrant County, Texas (DRTCT) and being more particularly described as follows: Beginning at a 5/8 inch iron rod found at the point of intersection of the northerly line of a tract of land described in a deed to Tarrant County Water Control and Improvement District No. I recorded in Volume 4032, Page 170 (DRTCT) with the Easterly line of a 20 feet wide strip reserved for road according to the plat recorded in Volume 310,Page 91 of the Plat Records of Tarrant County,Texas(PRTCT); Thence along the Easterly line of said 20 feet wide strip reserved for road North 00026100" East a distance of 716.69 feet to a 5/8 inch iron rod set for corner located in the Southerly right-of-way line of Scott Lane; Thence along the Southerly right-of-way line of said Scott Lane South 88052'37" East a distance of 208.03 feet to a 5/8 inch iron rod found for corner located in the Westerly line of a tract of land described in deed to Darrell R. Scott recorded in Volume 3242,Page 442(DRTCT); Thence departing the Southerly right-of-way line of said Scott Lane and following the Westerly line of said Scott tract of land South 00°26'00" West a distance of 696.73 feet to a 5/8 inch iron rod found for corner located in the Northerly line of said Tarrant County Water Control and Improvement District No. 1 tract of land; Thence along the Northerly line of said Tarrant County Water Control and Improvement District No. 1 tract of land as follows: South 81033'00" West a distance of 71.42 feet to a 5/8 inch iron rod found for corner; South 87042'00" West a distance of 100.00 feet to a 5/8 inch iron rod found for corner; South 87055'00" West a distance of 37.60 feet to the Point of Beginning and containing within these metes and bounds 3.387 acres or 147,546 square feet of land,more or less. ZC-17-139 117 N University Drive 0.45 acres Zoning Change: From: PD 1030 for "PD/E Planned Development for all uses in "E" Neighborhood Commercial plus display of autos for sale as part of the adjacent new and preowned auto sales business to add additional property. Used auto sales only is not permitted. Permanent canopies for shading of autos for sale shall be permitted. Improvements shall be made to the pavement before inventory may be placed. Provide minimum 6 ft. wrought iron fence along southern property line. Lot lighting shall be directed August 29, 2017 Ordinance Page 4 downward and shielded on the property. One 16 ft. tall x 8 ft. wide monument sign similar to that of the existing dealership may be installed on one of the properties. Site plan waiver requested only for the auto sales inventory lot; any office or habitable structure shall require site plan approval To: Amend PD 1030 site plan to allow masonry screening fence; site plan waiver requested only for the auto sales inventory lot; any office or habitable structure shall require site plan approval Description Linwood Addition,Block 1, Lots 9-12 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 and 21653 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. August 29, 2017 Ordinance Page 5 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 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: ATTEST: br""- Melinda-Ramos, Sr Assistant City Attorney Mary J. Kayser, re ry Adopted: August 29 2017 Effective: p {'1!bEA , , /✓J August 29, 2017 Ordinance Page 6 EXHIBIT A August 7, 2017 Proposed Development Standards ZC-17-092 BOA Sorte etal. NORTHPOINTE Tract 1 - East Tract Planned Development for all uses in "A-5"One-Family Residential with minimum lot size of 6,000 square feet, "RV Zero Lot Line/Cluster District, and "R2"Townhouse/Cluster District in accordance with the comprehensive zoning ordinance in effect on June 20, 2017, and subject to the following conditions: 1. Exhibit B is attached to demonstrate the distribution of and sizes of lots to be developed. 2. Areas identified as R1 or R2 shall be developed per the standards of Section 4.708 or 4.709. Detached center loaded units developed under R1 shall be permitted to be built with minimum 3 foot setbacks on both sides, irrespective of any future amendments that may require different setbacks. 3. For all areas other than R1/R2 on the attached exhibit, "A-5"development standards in Section 4.705 of the comprehensive zoning ordinance apply except for maximum lot coverage of 55% on areas labeled greater than or equal to 6,000 sf and greater than or equal to 7,500 sf. For areas labeled greater than or equal to 10,000 sf and greater than or equal to '/2 acre lots, this maximum lot coverage shall be 50% and 45% respectively. 4. At least 30% of final platted lots on Tract 1 must have a minimum lot size of 7,500 square feet. The 30% requirement applies to approved final plats on a cumulative basis and does not apply to each final plat. All lots bordering North Fork Estates or the northern and western property lines of the large acreage homes on Park Boulevard, as shown on the attached exhibit, shall have a minimum lot size of 10,000 square feet. 5. A minimum of 100 acres (including easements, platted gas well pads, floodway, and floodplain) shall be retained as open space or parks (public city parks or owned and maintained by a homeowners association), or developed with, amenities or schools. Amenities may include items such as pools, clubhouses, playgrounds, trails, natural greenbelts and landscaped parks.T h e c h a rt o n e ach approved final plat for Tract 1 shall contain the cumulative total acreage for open space. This open space commitment shall also satisfy the open space requirements under the R1 and R2 standards for Tract 1 whether or not adjacent to or within the R1 or R2 areas. 6. There shall be no cap on the number of residential dwellings constructed on Tract 1. Each approved final plat for Tract 1 shall contain a chart providing an updated calculation of the cumulative number of final platted residential lots. 7. Site plan waived. 8. The developer of Tract 1 shall final plat a minimum 20-foot landscape buffer parallel to and along the entire northern property line of the industrial zoned property adjacent to Tract 1. The developer shall install a berm, irrigation, live screening, and an eight- foot masonry wall along the entire 20-foot buffer, exclusive of driveway access points from the industrial zoned property (if any), concurrent with the roadway construction on the property in the area adjacent to the required buffer. The 20-foot landscape buffer and masonry wall shall be owned and maintained by the homeowners' association established for Tract 1. All platting and improvements shall take place on Tract 1 and 100% of the associated costs shall be paid for by the developer of Tract 1. 9. The developer of Tract 1 shall final plat a minimum 100-foot wide HOA common area lot parallel to the western property line of the industrial zoned property adjacent to Tract 1. The 100-foot wide HOA common area shall be owned and maintained by the homeowners' association established for Tract 1. Within this 100-foot wide lot the developer shall final plat the eastern edge of the lot as a 20-foot wide tree preservation easement that prohibits the removal of existing trees, except that the developer may remove trees as necessary for installation of the eight-foot masonry wall referenced below. The developer shall install an eight-foot masonry wall and eastern red cedars on 50-foot centers along the northern 450-feet of the tree preservation easement. The balance of this common property line consists of large mature trees, which shall serve as additional buffer with the industrial/single family uses, not requiring additional plantings. Additionally, the developer of Tract 1 shall provide a water source and irrigation for the area. The HOA shall be responsible for maintaining all required landscaping, irrigation, and the required masonry wall, and replacing any required landscaping that dies. 10.All references to the "industrial zoned property" shall be to the property zoned as an industrial district adjacent to Tract 1 on the date of the adoption of this PD zoning district. 11.A minimum of two (2)of the areas labeled R1/R2 in total across both Tract 1 and Tract 2 shall be developed to either R1 or R2 standards. The remaining areas with this labeling shall be allowed to be developed as R1/R2, or single-family lots with a minimum lot size of 6,000 square feet at the developer's discretion. Tract 2 - West Tract Planned Development for all uses in "A-5"One-Family Residential with minimum lot size of 6,000 square feet, "R1" Zero Lot Line/Cluster District, and "R2"Townhouse/Cluster District in accordance with the comprehensive zoning ordinance in effect on June 20, 2017, and subject to the following conditions: 1. Exhibit B is attached to demonstrate the distribution of and sizes of lots to be developed. 2. Areas identified as R1 or R2 shall be developed per the standards of Section 4.708 or 4.709. Detached center loaded units developed under R1 shall be permitted to be built with minimum 3 foot setbacks on both sides, irrespective of any future amendments that may require different setbacks. 3. For all areas other than R1/R2 on the attached exhibit, "A-5" development standards in Section 4.705 apply except for a maximum lot coverage of 55% on areas labeled greater than or equal to 6,000 sf and greater than or equal to 7,500 sf. For areas labeled greater than or equal to 10,000 sf and greater than or equal to Y2 acre lots, this maximum lot coverage shall be 50% and 45% respectively. 4. At least 50% of final platted lots on Tract 2 must have a minimum lot size of 7,500 square feet. The 50% requirement applies to approved final plats on a cumulative basis and does not apply to each final plat. All lots bordering the perimeter of Tract 2 west of the creek, as shown on the attached exhibit, shall have a minimum lot size of 10,000 square feet. The section shown as a blend of lots greater than or equal to 10,000 square feet and greater than or equal to Y2 acre on Exhibit B shall have a minimum of 50% of the acreage in such section dedicated to lots greater than or equal to Y2 acre.. 5. A minimum of 50 acres (including easements, platted gas well pads, floodway, and floodplain) shall be retained as open space or parks (public city parks or owned and maintained by a homeowners' association), or developed with amenities or schools. Amenities may include items such as pools, clubhouses, playgrounds, trails, natural greenbelts and landscaped parks. T h e c h a rt o n e ach approved final plat for Tract 2 shall contain the cumulative total acreage for open space. This open space commitment shall also satisfy all open space requirements under the R1 and R2 standards for Tract 2 whether or not adjacent to or within the R1 or R2 areas. 6. There shall be no cap on the number of residential dwellings constructed on Tract 2. Each approved final plat for Tract 2 shall contain a chart providing an updated calculation of the cumulative number of final platted residential lots. 7. Site plan waived. 8. A minimum of two (2) of the areas labeled "R1/R2 in total across both Tract 1 and Tract 2 shall be developed to either R1 or R2 standards. The remaining areas with this labeling shall be allowed to be developed as R1/R2, or single-family lots with a minimum lot size of 6,000 square feet , at the developer's discretion. Tract 3 — West Tract "E" Neighborhood Commercial with no additional standards. 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