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HomeMy WebLinkAboutOrdinance 16257-01-2005ORDINANCE NO. 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 M.A.Y BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS AND SHOWING SUCH DISTRICTS AND TIIE BOUNDARIES THEREOF UPON "DISTRICT MAPS", PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PR®VIDING A SAVINGS CLAUSE; PROVIDING A SEVEItABILITY 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 ~'VORTII: ZC-04-303 111.69 Ac. +/- 5000 Bloch of Marine Creek Parkway Z®nrng C,han~ee Fr®m: ".i'" Nlediuen ,~ndn~t~ial Ta: "~-5" one-Family dtesidential (Tracts 1 & 3); as, foPlows: ~E'SCNillti~nJ Tract -1: 46.99 Ac. +/.. BEI11TC8 a tract of land situated in fife A.F. Albri~t Survey, Abstract No. 1$49, Tarrant County, Texas and being a part of that certain tract of land described in deed to Marine Creek of Texas Toint Venture recorded in Volume 11'781, Page 1b57, Deed Records, Tarrant County, Texas, and being more particularly described as follows: ZC-04-303 Continued COMMENCING at the intersection of the East right-af~way line of Marine Creek Parkway (120-font right-of-way) with the South right-of~way line of Longhorn Road (60-foot right-of--way), and being the Northwest corner of that certain tract of land described by deed to Oakmont Land Four, L.P., recorded in Volume 14306, Page 80, Deed Records, Tarrant County, Texas; THENCE with the Easterly right-of--way line of said Marine Creek Parkway and the West line of said Oakmont Land Four, L.P. tract, the following courses and distances: THENCE South Oldegrees 02 minutes 47 seconds East, a distance of 53.85 feet to the beginning of a tangent curve to the left having a radius of 2804.79 feet, a central angle of 21 degrees 17 minutes 09 seconds and a chord bearing and distance of South 11 degrees 41 minutes 22 seconds East, a chard length of 1036.02 feet; THENCE along the Easterly right-of-way line of said Marine Creek Parkway and said tangent curve to the left, passing the Southwest corner of said Oakmont Land Four, L.P. tract at an arc distance of 1042.01 feet, in all an arc distance of 1082.96 feet to the POINT OF BEGINNING, said point also being in the Southerly line of easement to Enserch Corporation recorded by deed in Volume 7094, Page 908, Deed Records, Tarrant County, Texas; THENCE North 56 degrees 32 minutes 57 seconds East departing the Easterly right-of way line of said Marine Creek Parkway and following the Southerly line of said Enserch Corporation easement, a distance of 13.27 feet to a one-half inch iron rod with yellow cap marked "RPLS 4023" set for corner; THENCE South 7$ degrees 28 minutes 03 seconds East along the Southerly line of said Enserch Corporation easement, a distance of 242.64 feet to a one-half inch iron rod with yellow cap marked "RPLS 4023" set for corner; THENCE South 78 degrees l7 minutes 03 seconds East along the Southerly line of said Enserch Corporation easearnent, a distance of 899.29 feet to a one-half inch iron rod with yellow cap marked "RPLS 4023" set for earner; THENCE South 77 degrees 45 minutes 03 seconds East along the Southerly line of said Enserch Corporation easement, a distance of 363.1 S feet to a one-half inch iron rod with yellow cap marked "RPLS 4023" set far corner; THENCE South 78 degrees 35 minutes 03 seconds East along the Southerly line of said Enserch Corporation easement, a distance of 393.89 feet to a one-half inch iron rod with yellow cap marked "RPLS 4423" set far earner in the Westerly right-of way line of Old Decatur Road; ZC-04-3Q3 Continued THENCE South 28 degrees 39 minutes 37 seconds East departing the Southerly line of said Enserch Corporation easement and fallowing the Westerly right-of- way line of said Old Decatur Road, a distance of 1199.16 feet to a concrete monument found fnr corner, said paint also being in the Northerly line of a 75' T.E.S.C.O. Right-o#=Way recorded by deed in Volume 2200, Page 309, Deed Records, Tarrant County, Texas; THENCE North 89 degrees 52 minutes 08 seconds West departing the Westerly right-al=way line of said Old Decatur Road and following the Northerly line of said 7S' T.E.S.C.O. Right-of--Way, a distance of 1594.88 feet to a one-half inch iron rod with yellow cap marked "RPLS 4023" set for warner in the Easterly right- of--way line of Marine Creek Parkway; THENCE North 32 degrees 06 minutes 32 seconds West a distance of 1199.83 feet to a one-half inch iron rod with yellow cap marked "RPLS 4023" set for coarser at the beginning of a curve to the right whose chord bears North 27° 22' 31" West, a chord length of 462.94 feet; THENCE in a Northwesterly direction along said curve to the right having a central angle of 9 degrees 2$ minutes 04 seconds, a radius of 2804.79 feet, and an arc length of 463.47 feet to the I'®I1V'T ®,~"BEGINN~NG and containing 46.992 acres of land, mare rrr less. 'I'aract ~3: 25.75 Ac. +/_ Beim a tract of land situated iaa the A.F. Albright Survey, Abstract No. 1849 Tarrant County, Texas and being part of that certain tract of land described in deed to Marine Creek Venture recorded in Volua~xae 11431, Page 293, Deed Records, Tarrant County, Texas and being more particularly described as follows: COMMENCING at afive-eighths inch iron rod with cap found for corner in the Easterly right-af-way line of Marine Creek Parkway (120-fact right-of-way) and at the Northeasterly corner of Lat 1, Block 1, Data Point Addition, an addition to the City of Fort Worth, according to the plat thereof recorded in Volume 388.187, Page 84, Plat Records, Tarrant County, Texas, said point also being at the beginning of a curve to the right whose chord bears North 14 degrees 46 minutes S1 seconds East, a chord length of 393,02 feet; THENCE in a Northerly direction following the Easterly right-af--way line of said Marine Creek Parkway and along said curve to the right having a central angle of 7 degrees 35 minutes 1 S seconds, a radius of 2970.00 feet, and an arc length of 393.31 feet to a f ve-eighths inch iron with cap found far corner; ZC-04-3Q3 Cputinued THENCE North 18 degrees 41 minutes 11 seconds East following the Easterly right-of--way line of said Marine Creek Parkway, a distance of 380.08 feet to a paint for corner at the Beginning of a curve to the left whose chord hears North 13 degrees 38 minutes 33 seconds East, 498.52 feet; THENCE in a Northerly direction following the Easterly right-of--way line of said Marine Creek Parkway and along said curve to the left having a central angle of 10 degrees Ob minutes 53 seconds, a radius of 2827.56 feet, and an arc length of 499.17 feet to afive-eighths inch iron rod with cap found for the Southwesterly cornier of a 38.920 acre tract of land; THENCE North 8b degrees 21 minutes 16 seconds East departing the Easterly right-af--way line of said Marine Creek Parkway and following the Southerly line of said 38.920 acre tract of land, passing the Southeasterly corner of said 38.920 acre tract at 591.34 feet, in all a total distance of 666.34 feet to a one-half inch iron rod with cap marked "RPLS 4023" set for the POINT OF BEGINNING in the easterly line of 75' T.E.S.C.O. Right-a#=Way recorded by deed in Volume 2502, Page 593, Deed Records, Tarrant County, Texas; THENCE North 03 degrees 38 minutes 44 seconds West following the Easterly line of said 75' T.E.S.C.O. Right-of-Way recorded in Volume 2502, Page 593, a distance of 2227.94 feet to a one-half inch iron rod with cap marked "RPLS 4023" set for corner in the Southerly line of a 75' T.E.S.C.O. Right-af Way recorded by deed in Volume 2200, Page 309, Deed Records, Tarrant County, Texas; THENCE South 89 degrees 52 minutes 08 seconds East departing the Easterly line of said 75' T.E.S.C.O. Right-of Way recorded in Volume 2502, Page 593 and following the Southerly line of said 75' T.E.S.C.O. Right-of-Way recorded in Volume 2200, Page 309, a distance of 24b.81 feet to a concrete monument found for corner in the Westerly right-o£ way line of Old Decatur Road; THENCE South 32 degrees 37 minutes 5$ seconds East departing the Southerly line of said 75' T.E.S.C.O. Right-of--Way recorded in Volume 2200, Page 309 and following the Westerly night-of way line of said Old Decatur Road, a distance of 376.65 feet to a one-half inch iron rod with cap marked "RPLS 4023" set for corner; THENCE South 10 degrees 10 minutes 21 seconds East following the Westerly right-of=way line of said Old Decatur Road, a distance of 1894.50 feet to a one- halfinch iron rod with cap ~xzarked "RPLS 4023" set for corner; ~C=04-3Q3 Continued THENCE South 86 degrees 21 minutes 16 seconds West departing the Westerly right-af way line of said Old Decatur Road, a distance of 644.15 feet to the POINT 014' EEGINN.~NG and containing 25.780 acres of laud, mare ar leis. Z'auing Change: From: "J"Medium .ludustrial To: "B"Two-Family Residential (Tract 2); as followse Tract -2: 3.15 Ac. +/- Pelug a tract of land situated in the A.F. Albright Survey, Abstract No. 1.849 Tarrant County, Texas and being part of that certain tract of land described in deed to Marine Creek Venture recorded in Volume 11431, Page 293, Deed Retards, Tarrant County, Texas and being mare particularly described as follows: COMMENCING at a five-eights inch iron rod with cap found for corner in the Easterly right-af way line of Marine Creek Parkway (120-foot right-of way) and at the Northeasterly career of Lot 1, Block 1, Data Paint Addition, an addition to the City of Fort Worth, according to the plat thereof retarded in Valurne 38$-187, Page 84, Plat Records, Tarrant County, Texas, said point also being at the beginning of a curve to the right whose chard bears North 14 degrees 4d minutes 51 seconds East, a chard length of 393.02 feet; THENCE in a Northerly direction following the Easterly right-of way line of said Marine Creek Parkway and along said curve to the right having a central angle of 7 degrees 35 minutes 15 seconds, a radius of 2970.00 feet, and an arc length of 333.3.1 feet to afive-eighths inch iron with cap found for corner; THENCE North 18 degrees 41 minutesll seconds East following the Easterly right-af--way line of said Marine Creek Parkway, a distance of 380.08 feet to a point for corner at the beginning of a curve to the left whose Chard bears North 13 degrees 38 minutes 33 seconds East, 498.52 feet; THENCE in a Northerly direction following the Easterly right-of way line of said Marine Creek Parkway and along said curve to the left having a central angle of 10 degrees 06 minutes 53 seconds, a radius of 2827.Sb feet, and an arc length of 439.17 feet to afive-eighths inch iron red with cap found for the POINT OF BEGINNING, said point also being at the beginning of a curve to the left whose chard bears North 03 degrees 11 minutes 22 seconds East, a Chard length of 531.75 feet; ZC-04~3Q3 Cnntlnrued THENCE in a Northerly direction following the Easterly right-of way line of said Marine Creek Parkway and along said curve to the left having a central angle of lOdegrees 47 minutes 27 seconds, a radius of 2827,56 feet, and an arc length of 532.54 feet to afive-eighths inch iron rod with cap found for corner at the beginning of a curve to the left whose chord bears North 17degrees 10 minutes 08 seconds West, a chord length of 794.22 feet; THENCE in a Northerly and Northwesterly direction following the Easterly right- of way line of said Marine Crcek Parkway and along said curve to the left having a central angle of 29 degrees 52 minutes 48 seconds, a radius of 1540.33 feet, and an arc length of 803.29 feet to a hve-eighths inch iron rod with cap found for Corxaer; THENCE North 32 degrees 06 minutes 32 seconds West following the Easterly right-of-way line of said Marine Creek Parkway, a distance of 1155.93 feet to a five-eighths inch iron rod with cap found for corner in the Southerly line of a 75' T.E.S.C.O. Right-of--Way recorded by deed in Volume 2200, Page 309, Deed Records, Tarrant County, Texas from which the Southwesterly corner of a 46.992 acre tract of land bears North 32 degrees 06 minutes 32 seconds East, a distance of 88.67 feet; THENCE South 89 degrees 52 minutes 08 seconds East departing the Easterly right-of way line of said Marine Creek Parkway and following the Southerly line of said 7S' T.E.S.C.O. Right-of Way recorded in Volume 2200, Page 309, a distance of 1267.44 feet to afive-eighths inch iron rod with cap found for corner in the Westerly line of a 75' T.E.S.C.O. Right-of Way recorded by deed in Volume 2502, Page 593, Deed Records, Tarrant County, Texas; THENCE South. 03 degrees 38 minutes 44 seconds East departing the Southerly line of said 75' T.E.S.C.D. Right-of--Way recorded in Volume 2200, Page 309 following the Westerly line of said 75' T.E.S.C.O. Right-of--Way retarded in Volume 2502, Page 593, a distance of 2232.89 feet to a one-half inch iron rod with cap marked "RPLS 4023" set for corner; THENCE South 86 degrees 21 minutes 16 seconds West departing the Westerly line of said 75' T.E.S.C.4. Right-of--Way recorded in Volume 2542, Page 593, a distance of 591.34 feet to the POINT ®F BEGINNING and containing 35.150 acres of load, more or less. SI~,CTi®1®12. 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 anal all violations of Qrdinance 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, bath civil or criminal, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTI~1~ S. 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 ar 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 ($2000.00) for each offense. Each day that a violation is permitted to exist sha11 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 of~ciai newspaper of the City of Fort Worth, Texas, as authorized by V.T.C.A. Local Governrnent Code Subsection 52.013. SECTI®~T S. That this ordinance shall take effect upon adoption and publication as required by law. APPR,®VED AS T® FOI~'I ANI~ LEGALITY: Assistant City orx~ey Adopted: ~~'7"~~J Effective: ~ ~ ~ ~~ ~~