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HomeMy WebLinkAboutOrdinance 23995-12-2019 ORDINANCE NO. 23995-12-2019 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-19-141 2300 block Old Decatur Avenue 0.49 acres Zoninz Chanze: From: "J"Medium Industrial To: Add Conditional Use Permit (CUP) for 3 years to allow outdoor storage for parking of 10 commercial trucks, 8 employee cars and one storage container, Site Approved, attached as Exhibit A and on file in the Planning & Development Department Description Diamond Hill Addition, Block 2,Lot 2 including A 0.3753 acre tract out of the Edmund Little Survey, Abstract No. 954, being more particularly described by metes and bounds as follows: Beginning at the Northwest corner of Lot 2, Block 2, Diamond Hill Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Volume 388, Page 21, Plat Records, Tarrant County, Texas and being in the East right-of-way line of Decatur Avenue, an 80 feet wide public street; Thence North 09 degrees 45 minutes East along the East line of said Decatur Avenue, 109.0 feet to the Southwest corner of Lot 21,of said Block 2; Thence South 80 degrees 15 minutes East along the South line of said Lot 21,Block 2, 150.0 feet to a point in the West line of Lot 7,of said Block 2; December 17,2019 Ordinance No.23995-12-2019 Page 1 of 5 Thence South 09 degrees 45 minutes West along the West line of Lots 7,6 and 5 of said Block 2, 109.0 feet to the Southwest corner of said Lot 5,Block 2,and in the North line of Lot 4 of said Block 2; Thence North 89 degrees 15 minutes West along the North line of said Lot 4, Block 2, at 30.0 feet passing the Northwest corner thereof, and continuing in all 150.0 feet to the Point of Beginning and containing 0.3753 acres(16,350 square feet)of land,more or less. ZC-19-148 2000 block Sonoma Creek Lane 13.49 acres Zoning Change: From: "G"Intensive Commercial To: "D"High Density Multifamily Description The Presidio,Block A, Lot 1R1 ZC-19-184 12600— 12800 blocks Hemphill Street 20.39 acres Zoning Change: From: "ER" Neighborhood Commercial Restricted and "E" Neighborhood Commercial To: PDIC Planned Development for all uses in "C"Medium Density Multifamily with waivers to parking,fencing and setbacks and to add a note that will comply with the enhanced landscape requirement for MFD Multifamily; Site Plan Approved, attached as Exhibit R and on file in the Planning& Development Department Description BEING 20.395 acres of land situated in the John Steele Survey,Abstract Number 1381 in the City of Fort Worth, Tarrant County, Texas and being a portion of that certain tract of land described in the Partition Deed to Elizabeth Ann Potter(Und. 50% Int.), according to the partition deed of Parcel Nine, recorded in Volume 5475, Page 175 Deed Records, Tarrant County, Texas and being a portion of that certain tract of land described in gift deed to Virginia Mitchell Purcell, trustee of the trusts (und. 25% Int.), Timothy M. Purcell, Trust(und. 12.5%Int.)and Diane Purcell Dean, Trust(und. 12.5%Int.)of Parcel Nine,recorded in Volume 12758, Page 536 Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with cap stamped "TNP" set at the intersection of the east corner of Lot 1, Block 3, Mitchell Place Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as filed in Instrument #D217267628, Plat Records of Tarrant County, Texas (P.R.T.C.T.), with the west Right-of-Way (R-O-W) line of Archbury Road (60' in width), an addition to the City of Fort Worth, Tarrant County, Texas, as filed in Instrument #D214256997, P.R.T.C.T., also being a north corner of a remainder of said Potter/Purcell tract, and being the beginning of a curve to the left whose radius is 490.00 feet, and whose long chord bears S 68°34'08"E, a distance of 535.42 feet; THENCE along said curve in a southeasterly direction, at a distance of 169.24 feet passing a 1/2 inch iron rod found with cap stamped "TXHS" at the south corner R-O-W for said Archbury Road, also being a re- entrant corner of said Potter/Purcell tract, and continuing over and across said Potter/Purcell tract along the southerly line of future Archbury Road,through central angle of 66°14'02", an arc length of 566.44 feet to the end of said curve; THENCE over and across said Purcell tract, along the southerly R-O-W line of future Archbury Road,the following courses and distances; December 17,2019 Ordinance No.23995-12-2019 Page 2 of 5 N 78°16'29" E, a distance of 150.00 feet to the beginning of a curve to the right whose radius is 430.00 feet, and whose long chord bears S 71°28'27"E, a distance of 433.72 feet; Along said curve in a southeasterly direction through central angle of 60°34'25", an arc length of 454.60 feet to the end of said curve; S 06°38'05"W,a distance of 13.60 feet to the future westerly R-O-W line of Hemphill Street; S 53°47'26" W, along the future west R-O-W line of said Hemphill Street, a distance of 68.93 feet to the beginning of a curve to the left whose radius is 1040.00 feet, and whose long chord bears S 26°28'05"W, a distance of 954.71 feet; Along said curve and said future west R-O-W line of said Hemphill Street, in a southwesterly direction through central angle of 54°38'41", an arc length of 991.88 feet to the end of said curve, also being in the south line of said Potter/Purcell tract, and also being in the north line of Block 18, Mistletoe Hill, Phase IV, an addition to the City of Burleson, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 12536,P.R.T.C.T.; THENCE S 89008'57" W, along the south line of said Potter/Purcell tract, and along the north line of said Block 18, a distance of 425.42 feet to a 5/8"iron rod with plastic cap stamped"TNP"set; THENCE S 86039'42" W, continuing along the south line of said Potter/Purcell tract, and along the north line of said Block 18, at 8.70 feet passing a 1/2" iron rod with plastic cap stamped "KAZ 5312" found at the northeast corner of Lot 8, of said Block, and continuing in all, a distance of 107.46 feet to a 5/8" iron rod with plastic cap stamped"TNP"set; THENCE S 85014'37" W, continuing along the south line of said Potter/Purcell tract, and along the north line of said Block 18, a distance of 119.31 feet to a 5/8"iron rod with plastic cap stamped"TNP" set at the southwest corner of said 1.otter/1 urcell 11 act, also being the southeast corner oil. Lot 2, Block 1, At'J✓oo Addition, an addition to the City of Crowley, Tarrant County, Texas, as filed in Instrument#D217244590, P.R.T.C.T.,from which a 1/2"iron rod with plastic cap that is unreadable bears S 69°07'47"W,0.70 feet; THENCE N 00008'52" W, along the west line of said Potter/Purcell tract, and along the east line of said Lot 2, also passing along the east R-O-W line of Municipal Way (60' in width, as filed in said Inst. #D217244590,P.R.T.C.T.), in all a distance of 1095.95 feet to a 5/8 inch iron rod with cap stamped"TNP", recovered in said R-O-W line, at the south end of aforementioned Lot 1,and being the beginning of a curve to the right whose radius is 180.00 feet, and whose long chord bears N 25°27'44" E, a distance of 155.61 feet; THENCE along said curve in a northeasterly direction through a central angle of 51°13'12", an arc length of 160.91 feet to a 5/8 iron rod with cap stamped"TNP", set at the end of said curve; THENCE S 81006'06" E, continuing along the south line of said Lot 1, and along the west line of said Potter/Purcell tract, a distance of 13.83 feet to the POINT OF BEGINNING and containing 20.395 acres of land. SP-19-019 5421 Sycamore School Road 1.29 acres Zoninz Change: To: Approval of site plan for PD 471 for restaurant with drive-through to plant additional trees along Summer Creek Drive to match existing tree line; site plan Approved, attached as Exhibit C and on file in the Planning & Development Department December 17,2019 Ordinance No.23995-12-2019 Page 3 of 5 Description Summer Creek Addition, Block 3,Lot 5B 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, 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. 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 December 17,2019 Ordinance No.23995-12-2019 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. AP OVED AS FORM AND LEGALITY: Melinda Ramos, Assistant City Attorney M4 J. a�ser, 6ity Secretary Adopted: December 17, 2019 Effective: -tbcv �c �l agap r ORTl7, �r TE December 17,2019 Ordinance No.23995-12-2019 Page 5 of 5 E� x d I ,ixrz*S:rQ WOv k03PS RU1AV1 COLON OOlI fSV 378MO >J+s ]ION' S, 3_rV`I iS N IH fl Sf 9RIJIi3 � .� i?�l—t! Zi 3 L�atcio}anal}��ufurie;IJ•}o.tolaa.4LI �� '.J .-, 1 ?� 's i; i „'v rt� � 0 o •7- r 1 T < -:k-ram! 'i 3 � ��! 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