HomeMy WebLinkAboutOrdinance 26241-06-2023ORDINANCE NO. 26241-06-2023
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-22-223 8400 Wagley Robertson Rd. and 7900 Comanche Springs Dr. 7.4 ac.
Zoning Change:
From: "PD 514" Planned Development for all uses in "F" General Commercial with
additional uses listed, site plan waived
To: "PD-R2" Planned Development - Townhouse/Cluster with maximum density of
eight (8) dwelling units per acre; excluding Community home, Government office
facility, Country club (private) and Golf course with the condition that only one
access point be allowed on Comanche Springs; Site plan waived
Description:
BEING that certain tract of land situated in the J.P. Alford Survey, Abstract Number 53, City of Fort
Worth, Tarrant County, Texas, being a portion of that tract of land described by deed to Catherine Courtney
Schmuck and Will Allen Courtney, Jr., recorded in Instrument Number D221179277, County Records,
Tarrant County, Texas, and being more particularly described by metes and bounds as follows:
BEGINNING at the northwest corner of said Schmuck tract, the southwest corner of Lot 1, Block A, Eagle
Mountain -Saginaw Middle School Addition, an addition to the City of Fort Worth, Texas, by plat recorded
in Cabinet A, Slide 10907, said County Records, and in the east line of Comanche Springs Drive (a 60 foot
right-of-way);
June 13, 2023 Ordinance Ordinance No. 26241-06-2023
Page 1 of 6
THENCE N 89033'03" E, 1049.58 feet, to the northeast corner of said Schmuck tract, the southeast corner
of said Lot 1, and the west line of that tract of land described by deed to BNSF Railway Co., recorded in
Volume 12730, Page 1165, said County Records;
THENCE S 01 °09'48" W, 327.87 feet, with said west line and the east line of said Schmuck tract;
THENCE S 89°52'57" W, 961.12 feet, departing said common line, to the northwest corner of Lot 1,
Block 2, The Bar C Ranch, an addition to the City of Saginaw, Texas, by plat recorded in Instrument
Number D205251242, said County Records and the beginning of a non -tangent curve to the left in the
aforementioned east right-of-way line of Comanche Springs Drive;
THENCE with said non -tangent curve to the left and said east right-of-way line, an arc distance of 332.79
feet, through a central angle of 15°30'08", having a radius of 1230.00 feet, the long chord which bears N
14°16'04" W, 331.78 feet, to the POINT OF BEGINNING and containing 324,109 square feet or 7.441
acres of land more or less.
ZC-23-048 2832 West 7tn Street 0.2869 ac.
Zoning Change:
From: "E" Neighborhood Commercial
To: "MU-2" High Intensity Mixed -Use
Description:
Van Zandt, KM Addition Block 10 Lots 9 and 10
ZC-23-054 2820 and 2900 Olive Place 0.50 ac.
Zoning Change:
From: "A-5" One -Family
To: "B" Two -Family
Description:
Golf Hills Addition Block 2 Lots 18 and 19
ZC-23-056 3310 Azle Avenue 0.16 ac.
Zoning Change:
From: "A-5" One Family,
To: "ER" Neighborhood Commercial Restricted
Description:
Rosen Heights Second Filing Block 211 Lot 19
ZC-23-057 1301 West Loop 820 North 46.5 ac.
Zoning Change:
From: "G" Intensive Commercial and "PD/SU" PD452 Planned Development
Specific Use for all uses in "G" excluding: bar, tavern, cocktail lounge, club (private
or teens), sexually oriented business, cold storage plant or ice plant, liquor or
package store, mini -warehouse, pawn shop, tattoo parlor, auto repair
To: "D" High Density Multifamily
Description:
June 13, 2023 Ordinance Ordinance No. 26241-06-2023
Page 2 of 6
BEING that certain tract of land situated in the A.B. Conner Survey, Abstract Number 306, the D.E.
Norton
Survey, Abstract Number 1174, and the G.W. Hazelwood Survey, Abstract Number 727, City of Fort
Worth, Tarrant County, Texas, being the remainder of that tract of land described by deed to Hyde Land
and Royalty, LLC, recorded in Instrument Number D218215945 (Tract 2), County Records, Tarrant
County, Texas, and being more particularly described by metes and bounds as follows:
BEGINNING at the northwest corner of said Hyde remainder tract and the most easterly northeast corner
of Lot 1, Block 1, White Settlement High School, an addition to the City of Fort Worth, Texas, by plat
recorded in Instrument Number D205041549, said County Records, and in the south line of Lot 1, Block 1,
West Park Addition, an addition to said City of Fort Worth, recorded in Instrument Number D210044673,
said County Records;
THENCE S 89030'28"E, at 1370.35 feet, passing the southeast corner of said Lot 1, Block 1, West Park
Addition, in all, a total distance of 1386.95 feet, to the northeast corner of said Hyde remainder tract and an
"ell" corner in the west line of the remainder of that tract of land described by deed to Hickman's LMS,
Inc., recorded in Volume 7234, Page 2041 (Tract 1), said County Records;
THENCE S 0000I'l2"W, 818.30 feet, to an "ell" corner in the east line of said Hyde remainder tract and
the southwest corner of said Hickman remainder tract;
THENCE N 88000'02"E, 142.15 feet, to the most easterly corner of said Hyde remainder tract, the most
southerly southeast corner of said Hickman remainder tract, and the beginning of a non -tangent curve to the
left, in the northwest right-of-way line of West Loop 820 North Frontage Road (Jim Wright Freeway N.), a
variable width right-of-way;
THENCE with said northwest right-of-way line and said non -tangent curve to the left, an arc distance of
850.84 feet, through a central angle of 08011'22", having a radius of 5952.72 feet, the long chord which
bears S 34°53'27"W, 850.11 feet, to the southeast corner of said Hyde remainder tract and the most easterly
southeast corner of aforementioned Lot 1, Block 1, White Settlement High School;
THENCE N 89056'58"W, 1047.58 feet, to the southwest corner of said Hyde remainder tract and an "ell"
corner in the east line of said Lot 1, Block 1, White Settlement High School;
THENCE N 00011'42"E, 1521.64 feet, with said east line, to the POINT OF BEGINNING and
containing 2,027,072 square feet or 46.535 acres of land more or less.
ZC-23-070 1012 Lipscomb Street 1.128 ac.
Zoning Change:
From: "NS-T4N" Near Southside Form Based District - General Urban
Neighborhood
To: "NS-TV Near Southside Form Based District - General Urban Neighborhood
Description:
BEING a 1.128 acre tract situated in the WILLIAM WELCH SURVEY, ABSTRACT No. 1644, Tarrant
County, Texas, and being all of Lot 19, Lot 22, Lot 23, Lot 24, Lot 25 & Lot 26, Block 5, of Fields Welch,
an unrecorded subdivision in the said WILLIAM WELCH SURVEY, all of Lot 20R, Block 5, Fields
Welch Addition, an addition to the City of Fort Worth, Tarrant County, Texas, plat of said subdivision
recorded under Document Number D214025224, of the Plat Records of Tarrant County, Texas,
(P.R.T.C.T.), and a portion of Lot 12-R, Block 5, and a portion of a 20' wide Public Alley, as shown on
said plat of Fields Welch Addition, and being those same properties described in instruments to Manu
Group, LP, recorded under Document Numbers D206202709 and D209313218, of the Real Property
Records of Tarrant County, Texas, (R.P.R.T.C.T.), and those same properties described in instruments to
June 13, 2023 Ordinance Ordinance No. 26241-06-2023
Page 3 of 6
Aishwarya Properties, recorded under Document Numbers D215055191, D217162193, & D218001551,
R.P.R.T.C.T., said 1.128 acre tract being more particularly described by metes and bounds as follows:
Bearings, Distances, and/or Areas derived from GNSS observations performed by Texas Surveying, Inc.
and reflect N.A.D. 1983, Texas State Plane Coordinate System, North Central Zone 4202. (Grid)
BEGINNING at a 1/2" iron rod with cap stamped "Fulton" found in the west right-of-way of Lipscomb
Street, (60 feet wide), for the southeast corner of said Lot 12-R, being the easterly southeast corner of the
herein described tract;
THENCE S 89033'51" W, with the south line of said Lot 12-R, at 98.50 feet pass a point for the southwest
corner of said Lot 12-R, the southeast corner of a 1.5 foot Alley Dedication, as shown on said plat of Fields
Welch Addition, at 100.00 feet pass a 1/2" iron rod with cap stamped "Fulton" found, in all a total distance
of 118.50 feet to a point in the east line of said Lot 20R, the west line of a 1.5 foot Alley Dedication, as
shown on said plat, for an interior corner of the herein described tract;
THENCE S 00039'38" E, 5.00 feet, with the east line of said Lot 20R, the west line of said alley
dedication, to a point in the north line of said Lot 19, for an interior corner of the herein described tract;
THENCE N 89033'51" E, 1.50 feet, with the north line of said Lot 19, to a 1/2" iron rod with cap stamped
"Texas Surveying, Inc." set in the west line of a 17 foot wide public alley, for the northeast corner of said
Lot 19, and being a northeast corner of the herein described tract;
THENCE S 00039'38" E, 50.00 feet, with the east line of said Lot 19, the west line of said 17 foot wide
alley, to a 1/2" iron rod with cap stamped "Texas Surveying, Inc." set for the northeast corner of Lot 17-R,
Block 5, Fields Welch Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as shown on
plat of said subdivision recorded in Volume 388-93, Page 825, P.R.T.C.T., being the southeast corner of
said Lot 19 and being the southerly southeast corner of the herein described tract;
THENCE S 89033'51" W, 100.00 feet, to a 1/2" iron rod with cap stamped "Texas Surveying, Inc." set in
the east right-of-way of Alston Avenue, (40 feet wide), for the southwest corner of said Lot 19 and the
herein described tract;
THENCE N 00039'38" W, with the east right-of-way of said Alston Avenue, at 50.00 feet pass a 1/2" iron
rod with cap stamped "Texas Surveying, Inc." set for northwest corner of said Lot 19, the southwest corner
of said Lot 20R, at 150.00 feet pass a 1/2" capped iron rod found for the northwest corner of said Lot 20R,
the southwest corner of said Lot 22, at 200.00 feet pass an "X" in concrete set for the common corner of
said Lot 22 & 23, at 250.00 feet pass a 1/2" iron rod with cap stamped "Texas Surveying, Inc." set for the
common corner of said Lot 23 & 24, at 300.00 feet pass a 1/2" iron rod with cap stamped "Texas
Surveying, Inc." set for the common corner of said Lot 24 & 25, at 350.00 feet pass an "X" in concrete set
for the common corner of said Lot 25 & 26, in all a total distance of 400.00 feet, to an "X" in concrete set
for the southwest corner of that certain called 0.2326 acre tract described in instrument to 919 Alston, LLC,
recorded under Document Number D218073789, R.P.R.T.C.T., being the northwest corner of said Lot 26,
and the herein described tract;
THENCE N 89033'51" E, 100.00 feet to a 1/2" iron rod with cap stamped "Texas Surveying, Inc." set in
the west line of said 17 foot wide public alley, for the southeast corner of said 0.2326 acre tract, being the
northerly northeast corner of the herein described tract;
THENCE S 00039'38" E, with the west line of said 17 foot wide public alley, at 50.00 feet pass an "X" in
concrete set for the common corner of said Lot 25 & 26, at 100.00 feet pass a 1/2" iron rod with cap
stamped "Texas Surveying, Inc." set for the common corner of said Lot 24 & 25, at 150.00 feet pass a 1/2"
iron rod with cap stamped "Texas Surveying, Inc." set for the common corner of said Lot 23 & 24, at
200.00 feet pass a 1/2" iron rod with cap stamped "Texas Surveying, Inc." set for the common comer of
said Lot 22 & 23, in all a total distance of 250.00 feet, to an "X" in concrete set for the southeast corner of
said Lot 22, being a southeast corner of the herein described tract;
June 13,2023 Ordinance Ordinance No.26241-06-2023
Page 4 of 6
THENCE S 89°33'51" W, 1.50 feet, with the south line of said Lot 22, to the northeast corner of said Lot
20R, and being an interior corner of the herein described tract;
THENCE S 00039'38" E, 16.72 feet, with the east line of said Lot 20R, the west line of said 1.5 foot Alley
Dedication, to a point for an interior corner of the herein described tract;
THENCE N 89°33'51" E, 118.50 feet, severing said 20 foot wide public alley and said Lot 12-R, to a point
in the east line of said Lot 12-R, the west right-of-way of said Lipscomb Street, for the easterly northeast
corner of the herein described tract, from which a 1/2" iron rod with cap stamped "Texas Surveying, Inc."
set for the southeast corner of Lot 4R1, block 5, Fields Welch Addition, an addition to the City of Fort
Worth, Tarrant County, Texas, as shown on plat of said subdivision, recorded under Document Number
D209053483, P.R.T.C.T., being the northeast corner of said Lot 12-R, bears N 00°39'38" W, 166.72 feet;
THENCE S 00039'38" E, 78.28 feet, with the west right-of-way of said Lipscomb Street, the east line of
said Lot 12-R, to the POINT OF BEGINNING, and containing 1.128 acres, 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.
June 13, 2023 Ordinance Ordinance No. 26241-06-2023
Page 5 of 6
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:
Christopher Austria, Assistant City Attorney Jannette Goodall, City Secretary
Adopted: June 13, 2023
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June 13, 2023 Ordinance Ordinance No. 26241-06-2023
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