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HomeMy WebLinkAboutOrdinance 24494-10-2020 ORDINANCE NO. 24494-10-2020 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-20-101 829 E.Arlington Avenue .13 acres Zoning Change: From: "CF"Community Facilities To: "A-5"One-Family Description: Hyde Park Addition Block 16 Lot 430 430 Blk 16 ZC-20-075 15400—15500 blocks Double Eagle Boulevard 22.97 acres Zoning Change: From: "K"Heavy Industrial& PD 403 To: "D"High Density Multifamily Description BEING a 22.97 acre tract of land situated in the P.M. Smith Survey, Abstract No. 1170, the C. Sutton Survey, Abstract No. 1561, and the A.M. Feltus Survey, Abstract No. 1464 in the City of Fort Worth, Denton County, Texas, and being part of a called 902.044 acre tract of land described in Special Warranty Deed to Fossilwood Investments LP, recorded in Document Number 2005-121135 of the Official Records of Denton County,Texas(O.R.D.C.T.),and being more particularly described as follows: COMMENCING at the northwest corner(not monumented) of Lot 22,Block G of the Oak Creek Trials, Phase 2, an addition to the City of Fort Worth, Denton County, Texas, recorded in Document Number 2017-126 of the Plat Records of Denton County, Texas (P.R.D.C.T.), and the southeast corner of a called 0.883 acre tract of land described in Dedication Deed to City of Fort Worth,recorded in Document Number 2015-99822,O.R.D.C.T., October 20,2020 Ordinance Ordinance No.24494-10-2020 Page 1 of 6 THENCE South 00 degrees 00 minutes 00 seconds West, with the west line of Block G of said Oak Creek Trials,Phase 2,a distance of 329.30 feet to corner(not monumented)for the POINT OF BEGINNING; THENCE South 00 degrees 00 minutes 00 seconds West, continuing with said west line, a distance of 400.12 feet to a common "ell" corner of said 902.044 acre tract, and an "ell" corner of a called 244.518 acre tract of land described in Limited Warranty Deed to AIL Investment, L.P.,recorded in Volume 4246, Page 457 of the Deed Records of Denton County,Records(D.R.D.C.T.); THENCE North 88 degrees 59 minutes 34 seconds West,with the south line of said 902.044 acre tract and the north line of said 244.518 acre tract, a distance of 1,381.73 feet to the southwest corner (not monumented) of said 902.044 acre tract and the northwest corner of said 244.518 acre tract, said corner being on the east right-of-way line of a B.N.S.F. Railroad; THENCE North 24 degrees 14 minutes 00 seconds East, with the west line of said 902.044 acre tract and the east right-of-way line of said B.N.S.F. Railroad, a distance of 1,209.99 feet to the west corner (not monumented)of said aforementioned 0.883 acre tract; THENCE South 65 degrees 46 minutes 00 seconds East,departing said west line of 902.044 acre tract and the east right-of-way line of said B.N.S.F. Railroad, and with the south line of said 0.883 acre tract, a distance of 134.99 feet to the northwest corner (not monumented) of a called 0.044 acre tract of land described as"Tract 2"in Dedication Deed to the City of Fort Worth,recorded in Document Number 2015- 99823,O.R.D.C.T.; THENCE South 20 degrees 45 minutes 39 seconds East, departing the south line of said 0.833 acre tract and with the west line of said Tract 2, a distance of 25.23 feet to an interior corner(not monumented) of said Tract 2; THENCE South 14 degrees 10 minutes 08 seconds West, with the west line of said Tract 2, a distance of 12.35 feet to the southwest corner(not monumented)of said Tract 2; THENCE with the south line of said Tract 2,the following bearings and distances: South 65 degrees 46 minutes 00 seconds East, a distance of 50.00 feet to the south corner (not monumented)of said Tract 2; North 24 degrees 14 minutes 42 seconds East, a distance of 10.00 feet to an interior corner (not monumented)of said Tract 2; North 69 degrees 14 minutes 21 seconds East, a distance of 28.29 feet to the east corner (not monumented)of said Tract 2,said corner being on the south line of said 0.883 acre tract; THENCE South 65 degrees 46 minutes 00 seconds East with the south line of said 0.883 acre tract, a distance of 529.99 feet to the northwest corner of a called 0.044 acre tract of land described as"Tract 1"in Dedication Deed to the City of Fort Worth,recorded in Document Number 2015-99823,O.R.D.C.T.; THENCE South 20 degrees 45 minutes 39 seconds East, departing the south line of said 0.833 acre tract and with the west line of said Tract 1, a distance of 28.28 feet to an interior corner(not monumented) of said Tract 1; THENCE South 24 degrees 14 minutes 42 seconds West, with the west line of said Tract 1, a distance of 10.00 feet to the southwest corner(not monumented)of said Tract 1; THENCE South 65 degrees 46 minutes 00 seconds East, with the south line of said Tract 1, a distance of 35.24 feet to a corner(not monumented); THENCE over and across said Tract 1,the following bearings and distances: October 20,2020 Ordinance Ordinance No.24494-10-2020 Page 2 of 6 South 24 degrees 14 minutes 00 seconds West,departing the south line of said Tract 1,a distance of 396.95 feet to a corner(not monumented); South 88 degrees 59 minutes 34 seconds East, a distance of 321.34 feet to the POINT OF BEGINNING AND CONTAINING 22.97 acres(1,000,638 square feet)of land,more or less. ZC-20-093 4900-5100 blocks N. Tarrant Parkway 14.83 acres Zoning Chanjze: From: "FR"General Commercial Restricted To: PD Planned Development for all uses in "E" Neighborhood Commercial restricting package liquor store use for the eastern 0.277 acres of Lot 5, Block A and Lot 6,Block A. Description Eli W. Shiver Survey,Abstract 1455,Tracts 3A,3A4,3A5,3A6 Zonin,-Chan,-e: From: "FR"General Commercial Restricted To: "PD"Planned Development for all uses in "E"Neighborhood Commercial Description 0.277 acres BEING a tract of land situated in the ELI SHRIVER SURVEY,ABSTRACT NUMBER 1455,City of Fort Worth, Tarrant County, Texas,and being a portion of a tract of land as described in deed to MQ Northside Retail LLC, as recorded in Document Number D215249920, Official Public Records, Tarrant County, Texas,and being more particularly described as follows: COMMENCING at a 5/8-inch iron rod found for the Southwest corner of Lot 1, Block 1, Racetrac Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Document Number D210101564,Official Public Records,Tarrant County,Texas,said iron rod being a Southeasterly corner of said MQ Northside Retail LLC tract and being situated in the Northerly right-of-way of North Tarrant Parkway, a 200-foot right-of-way, from which a 5/8-inch iron rod with plastic cap found for the Northwest corner of said Lot 1,Block 1,bears North 27 deg 15 min 26 sec West, at a distance of 240.12 feet, said iron rod (Southwest comer Lot 1) being the beginning of a curve to the left,with a radius of 2,100.00 feet,a central angle of 03 deg 49 min 14 sec,a chord bearing of South 62 deg 55 min 23 sec West,and a chord length of 140.00 feet; THENCE along said curve to the left and along the Southerly line of said MQ Northside Retail LLC tract and the Northerly right-of-way of said North Tarrant Parkway,an arc distance of 140.03 feet to the POINT OF BEGINNING; THENCE continuing along said curve to the left with a radius of 2,100.00,a central angle of 01 deg 20 min 17 sec,a chord bearing of South 60 deg 20 min 37 sec West and a chord length of 49.04 feet; THENCE continuing along the Southerly line of said MQ Northside Retail LLC tract, Northerly right-of- way of said North Tarrant Parkway and said curve to the left, an arc distance of 49.04 feet to a point for comer; THENCE departing the Northerly right-of-way of said North Tarrant Parkway and over and across said MQ Northside Retail LLC tract the following: North 27 deg 15 min 26 sec West,a distance of 244.77 feet to a point for comer; North 56 deg 56 min 19 sec East,a distance of 49.25 feet to a point for corner; South 27 deg 15 min 26 sec East, a distance of 247.69 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds, 0.277 acres or 12,060 square feet,more or less. October 20,2020 Ordinance Ordinance No.24494-10-2020 Page 3 of 6 Zoning Change: From: "CF"Community Facilities, `B"Neighborhood Commercial To: "FR"General Commercial Restricted Description 1.34 acres BEING a tract of land situated in the ELI SHRIVER SURVEY,ABSTRACT NUMBER 1455,City of Fort Worth,Tarrant County,Texas,and being a portion of a tract of land as described in deed to MQ Northside Retail LLC, as recorded in Document Number D215249920, Official Public Records, Tarrant County, Texas,and being more particularly described as follows: COMMENCING at a 5/8-inch iron rod found for the Southwest corner of Lot 1, Block 1, Racetrac Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Document Number D210101564,Official Public Records,Tarrant County,Texas,said iron rod being a Southeasterly corner of said MQ Northside Retail LLC tract and being situated in the Northerly right-of-way of North Tarrant Parkway,a 200-foot right-of-way; THENCE North 27 deg 15 min 26 sec West, departing the Northerly right-of-way of said North Tarrant Parkway and along the Westerly line of said Lot 1 and the Southerly line of said MQ Northside Retail LLC tract, passing at a distance of 240.12 feet a 5/8-inch iron rod with plastic cap found for the Northwesterly corner of said Lot 1 and an interior ell corner of said MQ Northside Retail LLC tract, continuing over and across said MQ Retail LLC tract,for a total distance of 246.94 feet to the POINT OF BEGINNING; THENCE continuing over and across said MQ Northside Retail LLC tract the following: South 64 deg 42 min 21 sec West,a distance of 113.51 feet to a point for corner; South 56 deg 56 min 19 sec West,a distance of 614.08 feet to a point for corner; South 61 deg 43 min 38 sec West,a distance of 69.77 feet to a point for corner; South 27 deg 16 min 48 sec West,a distance of 21.22 feet to a point for corner; South 59 deg 26 min 40 sec West,a distance of 43.34 feet to a point for corner; North 30 deg 19 min 25 sec West,a distance of 33.03 feet to a point for corner; North 52 deg 06 min 27 sec East,a distance of 871.42 feet to a point for corner; South 27 deg 15 min 26 sec East,a distance of 119.56 feet to the POINT OF BEGINNING. CONTAINING within these metes and bounds,1.341 acres or 58,395 square feet,more or less. Zoning Change: From: "E"Neighborhood Commercial To: "PD"Planned Development for all uses in "E"Neighborhood Commercial Description 0.79 acres BEING a tract of land situated in the ELI SHRIVER SURVEY,ABSTRACT NUMBER 1455,City of Fort Worth,Tarrant County,Texas, and being a portion of a tract of land as described in deed to MQ Northside Retail LLC, as recorded in Document Number D215249920, Official Public Records, Tarrant County, Texas,and being more particularly described as follows: BEGINNING at a 5/8-inch iron rod found for the Southwest corner of Lot 1, Block 1, Racetrac Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Document Number D210101564, Official Public Records, Tarrant County, Texas, said iron rod being a Southeasterly corner of said MQ Northside Retail LLC tract and being situated in the Northerly right-of- way of North Tarrant Parkway,a 200-foot right-of-way,said iron rod being the beginning of a curve to the left,with a radius of 2,100.00 feet,a central angle of 03 deg 49 min 14 sec,a chord bearing of South 62 deg 55 min 23 sec West,and a chord length of 140.00 feet; October 20,2020 Ordinance Ordinance No.24494-10-2020 Page 4 of 6 THENCE along said curve to the left and along the Southerly line of said MQ Northside Retail LLC tract and the Northerly right-of-way of said North Tarrant Parkway,an arc distance of 140.03 feet to a point for corner; THENCE departing the Northerly right-of-way of said North Tarrant Parkway and over and across said MQ Northside Retail LLC tract the following: North 27 deg 15 min 26 sec West,a distance of 247.69 feet to a point for corner; North 56 deg 56 min 19 sec East,a distance of 26.69 feet to a point for corner; North 64 deg 42 min 21 sec East,a distance of 113.51 feet to a point for corner; South 27 deg 15 min 26 sec East, passing at a distance of 6.82 feet a 5/8-inch iron rod with plastic cap found for the Northwesterly corner of said Lot 1 and an interior ell comer of said MQ Northside Retail LLC tract,continuing along the Southerly line of said MQ Northside Retail LLC tract and the Westerly line of said Lot 1, for a total distance of 246.94 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds, 0.797 acres or 34,719 square feet,more or less. 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, October 20,2020 Ordinance Ordinance No.24494-10-2020 Page 5 of 6 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: ,� — Melinda&W Melinda Ramos,Assistant City Attorney Mary J. Kayser, City Secretary Adopted: October 20,2020 Effective:. 4ywc4.rH 31, QaQI V: O ��XAS October 20,2020 Ordinance Ordinance No.24494-10-2020 Page 6 of 6