HomeMy WebLinkAboutOrdinance 19954-10-2011ORDINANCE NO. 19954 -10 -2011
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE, ORDINANCE NO. 13896, 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 -11 -052 12700 block of Private Road 4716 45.89 acres
Zoning Change:
From: Unzoned and "FR" General Commercial Restricted
To: "K" Heavy Industrial
Description:
Being a tract of land situated in the Jeremiah Ivy Survey, Abstract No. 649, Denton County, Texas, being a
remainder portion of the SECOND TRACT as described in deed to Mitchell, Mitchell & Mitchell Partners,
Ltd., recorded in Volume 4498, Page 2108, Deed Records, Denton County, Texas (DRDCT), and being
more particularly described as follows:
Beginning at a point at the intersection of the east line of the B.N. & S.F. Railroad Company right of way
(apparent 100' R.O.W., no record found, formerly the Gulf, Colorado & Santa Fe Railroad Company), with
the south line of Doc Mitchell Road (per dedication deed, 2010- 22890, DRDCT), the most westerly south
line of the final plat of TEXAS MOTOR SPEEDWAY, an addition to the City of Fort Worth, Denton
County, Texas as recorded in Cabinet V, Slide 493, Plat Records, Denton County, Texas (PRDCT), and
with the south line of an Access Easement Agreement to Mitchell, Mitchell & Mitchell Partners. Ltd. and
the Mitchell Family )-rust. their successors and or assigns as recorded in 2010 -28756 & 2010- 32893.
Ordinance No. 19954 -10 -2011
DRDCT, also being the northwest corner of a remainder portion of said Mitchell SECOND TRACT, from
which a 5/8" rebar with a plastic cap stamped "ANA" found bears N 76 °31'19" W, 0.36 feet;
Thence departing the east line of said B.N. & S.F. Railroad Company right of way, along the south line of
said Doc Mitchell Road, the north line of a remainder portion of said Mitchell Second Tract, a south line of
said Texas Motor Speedway addition, and the south line of said Access Easement Agreement, as follows:
S76 °31'19" E, a distance of 931.38 feet (Deed & Plat 932.05 feet) to a 5/8" rebar found at a point of
curvature to the left, having a radius of 750.66 feet;
Southeasterly, along said curve, having a central angle of 13 °22'40 ", an arc distance of 175.27 feet (Deed
174.27 feet) and a chord that bears S 83 °12'39" E, 174.87 feet to a %z" rebar found at the northeast corner of
the herein described tract of land, the southeast corner of said Petty Place dedication deed, the southeast
corner of said Access Easement Agreement, and the northwest corner of the tract of land as described in
deed to Terry Melvin Henry, recorded in Volume 4517, Page 577, DRDCT, from which a 5/8" rebar found
at the northeast corner of said Petty Place dedication deed and said Access Easement Agreement bears N
00 024'49" W, 226.62 feet and a '' /z" rebar found at the northwest corner of a tract of land as described in
deed to Doyle D. Wood, recorded in Volume 1460, Page 837, DRDCT bears N 00 °24'49" W, 1864.20 feet;
THENCE S 00 024'49" E, departing the south line of said Doc Mitchell Road and said south line of said
Texas Motor Speedway addition, non tangent to said curve, along the east line of said Mitchell Second
Tract and the west line of said Henry tract, at a distance of 214.11 feet (Deed 214.2 feet) passing a ' /�" rebar
found 0.4 feet to the west of line continuing along the west line of a tract of land described in deed to C. M.
Henry and wife Oneta Henry, recorded in Volume 976, Page 476, DRDCT, the west line of a tract of land
as described in deed to Clarence Melvin Henry, recorded in Volume 5545, Page 1668, DRDCT, the west
line of a tract of land as described in deed to Charles Bellinghausen, recorded in Volume 5314, Page 2779,
DRDCT, at a distance of 1394.15 feet passing a 5/8" rebar found 0.3 feet east of a line at the southwest
corner of said Bellinghausen tract and the northwest corner of a tract of land as described in deed to Kyle
D. Walker and wife, Leta G. Walker, recorded in 2005- 117227, DRDCT, at a distance of 1424.09 feet
passing a 5/8" rebar found at the west southwest corner of said Walker tract and the northwest corner of a
tract of land as described in deed to UCC Properties, Ltd., recorded in 2008 - 19083, DRDCT, continuing a
total distance of 1589.62 feet to a '' /z" rebar with a yellow plastic cap stamped "Goodwin & Marshall" set
(hereafter referred to as %" rebar capped set) at the southeast corner of a remainder portion of said Mitchell
Second tract and the north northeast corner of a tract of land as described in deed to Industrial
Developments International (Texas), L. P. (hereafter referred to as IDI tract), recorded in 2007 - 44535,
DRDCT, from which a '' /z" rebar capped set at the northeast corner of Lot 2, Block A of the final plat of
Lots 1 & 2, Block A & Lot 2, Block 1, Speedway Distribution Center, an addition to Denton County, Texas
as recorded in 2009 -31, PRDCT bears S 00 °24'49" E, 23.11 feet;
THENCE N 77 000'00" W, departing the west line of said UCC Properties, Ltd. tract, along the south line of
a remainder portion of said Mitchell Second tract and the north line of said IDI tract, a distance of 1489.93
feet to a 1/2" rebar capped set in the east line of said B.N. & S.F. Railroad Company right of way at the
southwest corner of a remainder portion of said Mitchell Second tract and the northwest corner of said IDI
tract, from which a %z" rebar capped set at the northwest corner of Lot 2, Block 1 of said Speedway
Distribution Center bears S 13 °00'00" W, 32.48 feet ;
THENCE along the east line of said B.N. & S.F. Railroad Company right of way and the west line of said
Mitchell Second tract, as follows:
N 13 °00'00" E, a distance of 931.51 feet to a 1/2" rebar capped set at the point of curvature of a curve to
right, having a radius of 11409.20 feet;
Northeasterly, along said curve, having a central angle of 03 001'57 ", an arc distance of 603.88 feet, and a
chord that bears N 14 030'59" F, 603.81 feet to the Point of Beginning and containing 45.893 acres of
land.
Ordinance No. 19954-10-2011
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
shall be fined not more than Two Thousand Dollars (52,000.00) for each offense. Each
day that a violation is permitted to exist shall constitute a separate offense.
3 Ordinance No. 19954 -10 -2011
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.
APP OVED AS T RM AND LEGALITY:
AssikaInt City Attorney
Adopted: October 25, 2011
Effective: j itA InZY4,1
Ordinance No. 1995.E -10 -2011