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HomeMy WebLinkAboutOrdinance 16340-03-2005ORDINANCE NO. 16340-03-2005 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: ZC-OS-017 5805 & 5809 Locke Avenue Zoning Change: From: "C" Medium Density Multi-Family Residential and "E-R" Neighborhood Commercial Restricted To: "PD/SU"Planned Development/Specific Use for a Drive Thru Bank Facility. Site Plan Required (See SP-OS-004) Description: Block 30, Lots 3,4,5 and 6, Chamberlain Arlington Heights. SP-OS-004 5805 & 5809 Locke Avenue Site Plan Approval: Site Plan for Drive Thru Bank Facility. (See ZC-OS-017) Description: Block 30, Lots 3,4,5 and 6, Chamberlain Arlington Height. ZC-05-050 288.14 Ac +/- West of 5400 thru 5900 Block of South Hulen and North of 6400 thru 7000 Block of Oakmont Blvd Zoning Change: From: "MU-2"High Intensity Mixed Use To: "PD/SU" Planned Development Specific Use for all uses in the "MU-2" District as outlined in the September 30, 2003 Comprehensive Zoning Ordinance, attached, with a minimum 20 foot front yard setback and minimum block length of S00 feet, maximum block length of 1 S00 feet, with 20% of the minimum block length allowed to be between 200 feet and S00 feed Site Plan Waive Description: BEING located in the I. & G.N. RR. Co. Survey, Abstract Number 832, the J. Wilcox Survey, Abstract Number 1742, the J.H. Shultz Survey, Abstract Number 1941, the Jerry Burnett Survey, Abstract Number 1923, and the Reuben Burnett Survey, Abstract Number 1922, Tarrant County, Texas, and being a portion of the property described by deed to Edwards Geren Limited and recorded in Deed Volume 12915, Page 394, County Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the Northwest corner of the said I. & G. N. RR. Survey, said point being in an `ell' corner in the Northerly limits of the John F. Heath Survey, Abstract Number 641; THENCE, with the North line of said I. & G. N. RR. Survey South 89 degrees 30 minutes 58 seconds East 2015.95 feet to the Northeast corner of said survey, said point also being'the Northwest corner of the said Shultz Survey, THENCE South 89 degrees 51 minutes 26 seconds East, with the North line of said Shultz Survey, at 1009.03 feet pass the Northeast corner of the said Shultz Survey, and the Northwest corner of the said Jerry Burnett Survey, and continuing on with same bearing, a distance of 84.26 feet, pass the most Northerly Southeast corner of the said Heath Survey and the Southwest corner of the George Shields Survey, Abstract Number 1436, and continuing on with the same bearing, a total distance of 1736.83 feet to a point; THENCE South 36 degrees 56 minutes 00 seconds East passing Northwest line of Rock Quarry Road at 224.68 feet and continuing in all, 288.68 feet, a curve to the left, having a radius of 593.96 feet; ZC-OS-050 Continued THENCE along said curve in a Southeasterly direction, an arc length of 212.36 feet to a point on said curve, whose long chord bears South 47 degrees 38 minutes 48 seconds East 211.23 feet for corner; THENCE South 38 degrees 30 minutes 33 seconds West 236.92 feet to a point and the beginning of anon-tangent curve to the left whose radius is 123.80 feet and whose long chord bears South 03 degrees 11 minutes 52 seconds West 121.88 feet; THENCE along said non-tangent curve in a Southerly direction through a central angle of 58 degrees 58 minutes 36 seconds, an arc length of 127.43 feet to the end of curve and the beginning of a reverse curve to the right whose radius is 2700.00 feet and whose long chord bears South 26 degrees 44 minutes 13 seconds East 678.03 feet; THENCE along said curve in a Southeasterly direction through a central angle of 14 degrees 25 minutes 35 seconds, an arc length of 679.82 feet, to the end of curve, THENCE North 88 degrees 27 minutes 14 seconds West 31.26 feet to a point at the beginning of anon-tangent curve to the right whose radius is 556.00 feet and whose long chord bears South 00 degrees 38 minutes 11 seconds West 443.63 feet; THENCE along said non-tangent curve in a Southerly direction through a central angle of 47 degrees O1 minute 29 seconds, an arc length of 456.33 feet to the end of said curve; THENCE South 24 degrees 08 minutes 56 seconds West 80 feet to a point at the beginning of anon-tangent curve to the left whose radius is 444.00 feet and whose long chord bears South 12 degrees 57 minutes 15 seconds West 172.40 feet; THENCE along said non-tangent curve in a Southerly direction through a central angle of 22 degrees 23 minutes 22 seconds, an arc length of 173.50 feet to the end of said curve; THENCE South O1 degree 45 minutes 34 seconds West 232.37 feet to the Northeast corner of Lot 3R1, Block 21, Overton South Addition; THENCE North 88 degrees 26 minutes 06 seconds West 49.06 feet to a point at the beginning of anon-tangent curve to the left whose radius is 520.00 feet and whose long chord bears South 78 degrees 22 minutes 28 seconds West 237.32 feet; ZC-OS-050 Continued THENCE along said non-tangent curve in a Westerly direction through a central angle of 26 degrees 22 minutes 53 seconds, an arc length of 239.43 feet to the end of said curve; THENCE South 65 degrees 11 minutes O1 seconds West 428.04 feet to an angle point; THENCE South 73 degrees 35 minutes O1 second West 105.94 feet to an angle point; THENCE North 50 degrees 45 minutes 04 seconds West 191.34 feet to an angle point; THENCE South 40 degrees 02 minutes 00 seconds West 705.85 feet to the beginning of a curve to the left, having a radius of 85.60 feet, whose long chord bears South 12 degrees 08 minutes 39 seconds West 79.06 feet; THENCE along said curve in Southwesterly direction an arc length 82.18 feet to the end of said curve and point of tangency; THENCE South 14 degrees 58 minutes 15 seconds East 454.25 feet to the North right-of--way line of Oakmont Boulevard; THENCE North 89 degrees 58 minutes 00 seconds West 2830.59 feet, along said Northerly right-of--way line of Oakmont Boulevard, to a point in the Easterly line of said Heath Survey and the Westerly line of said Wilcox Survey; THENCE leaving said Northerly right-of--way line of Oakmont Boulevard, North 00 degrees 00 minutes 14 seconds East, along and with said common lines of the Heath and Wilcox Surveys, passing the Northwest corner of said Wilcox Survey which is also the Southwest corner of said I. & G. N. RR. Survey, and continuing on with the same bearing (and the common lines of said Heath and I. & G. N. RR. Surveys), in all a total distance of 3398.48 feet to the place of beginning and containing some 288.14 acres of land, more of less SAVE & EXCEPT, a tract of land being a right of way more particularly described by metes and bounds as follows: ZC-OS-050 Continued BEGINNING at a point being located South 00 degrees 00 minutes 14 seconds West 137.22 feet from the Northwest corner of said I. & G. N. RR. Survey and being located in the West line of the 288.14 acre tract described herein; THENCE South 37 degrees 30 minutes 31 seconds East 4104.10 feet to a point in the line common to the North right-of--way line of Oakmont Boulevard and the South line of said 288.14 acre tract described herein; THENCE with said common line, North 89 degrees 58 minutes 00 seconds West 94.38 feet to a point; THENCE departing said common line, North 37 degrees 30 minutes 31 seconds West 3947.72 feet to a point in the line common to the West line of said I. & G. N. RR. R.R. Co. Survey and the West line of said 288.14 acre tract described herein; THENCE with said common line, North 00 degrees 00 minutes 14 seconds East 124.26 feet to the place of beginning and containing some 6.9 acres of land, more or less ZC-OS-051 345 Ac. +/- East of 4000 thru 4100 Block of Bryant Irvin road and South of Union Pacific Railroad Zoning Change: From: "MU-2" High Intensity Mixed Us To: PD/SU"Planned Development Specific Use for all uses in the "MU-2" District as outlined in the September 30, 2003 Comprehensive Zoning Ordinance, attached, with a minimum 20 foot front yard setback and minimum block length of 800 feet, maximum block length of 1500 feet, with 20% of the minimum block length allowed to be between 200 feet and 800 feed Site Plan Waived Description: BEING located in the L.J. Edwards Survey, Abstract 464, F.G. Beasley Survey, Abstract 135, F.G. Beasley Survey, Abstract 134, and S.C. Inman Survey, Abstract 824, Fort Worth, Texas, being a portion of the property described by deed to Edwards Geren Limited and recorded in Deed Volume 12915, Page 394, Deed Records, Tarrant County, Texas (DRTCT), and being more particularly described by metes and bounds as follows: ZC-OS-051 Continued BEGINNING at a point being located at the intersection of a North line of the 96.16 acre tract to Tarrant County Water Control and Improvement District Number One, said tract encompassing the Clear Fork of the Trinity River as described in deed recorded in Volume 4559, Page 1, DRTCT and the East ROW line of Bryant Irvin Road; THENCE with the East ROW line of Bryant Irvin Road as follows: North 63 degrees OS minutes 52 seconds West - 26 feet to a point; North 07 degrees 55 minutes 18 seconds West - 287 feet to a point; North 10 degrees 10 minutes 03 seconds East - 87 feet to a point being located at the intersection of the East ROW line of Bryant Irvin Road and the Southwest corner of a 12.8 acre tract to Texas Electric Service Company (TESCO) as described in deed in Volume 2588, Page 562, DRTCT; North O1 degree 19 minutes 44 seconds West - 83 feet to a point being located at the intersection of the East ROW of Bryant Irvin Road and the Northwest corner of said 12.8 acre tract; North O1 degrees 15 minutes 28 seconds East - 340 feet to a point; North 06 degrees 59 minutes 00 seconds East - 415 feet to a point; North 09 degrees 49 minutes 31 seconds East - 160 feet to a point; and North 28 degrees 23 minutes 33 seconds East - 63 feet to a point being located at the intersection of the East ROW line of Bryant Irvin Road and the Southeast ROW line of the Union Pacific Railroad; THENCE departing the East ROW line of Bryant Irvin Road and with the Southeast ROW line of the Union Pacific Raikoad, as follows: North 68 degrees 09 minutes 26 seconds East - 1587 feet to a point at the Northwest corner of a 2.082 acre tract to TESCO described in deed recorded in Volume 5626, Page 789, DRTCT; North 66 degrees 53 minutes 18 seconds East - 225 feet to a point being located at the Northeast corner of said 2.082 acre tract; North 67 degrees 51 minutes 23 seconds East - 1035 feet to a point; ZC-05-051 Continued North 66 degrees 23 minutes 34 seconds East - 866 feet to a point; North 69 degrees 48 minutes 30 seconds East - 1541 feet to a point; and North 66 degrees 44 minutes 40 seconds East - 1780 feet to a point; THENCE departing the Southeast ROW line of the Union Pacific Raikoad, South 12 degrees 36 minutes 00 seconds East - 714 feet to a point; THENCE South 87 degrees 14 minutes 53 seconds East - 325 feet to a point being located at the most Northerly corner of said 96.16 acre tract; THENCE with the Northern boundaries of said 96.16 acre tract, as follows: South 30 degrees 41 minutes 00 seconds West - 1422 feet to a point; South 33 degrees 07 minute 00 seconds West - 1992 feet to a point; South 33 degrees 24 minutes 00 seconds West - 278 feet to a point; South 38 degrees 32 minutes 00 seconds West - 214 feet to a point; South 52 degrees 41 minutes 00 seconds West - 254 feet to a point; South 67 degrees 42 minute 00 seconds West - 169 feet to a point; South 81 degrees 30 minutes 00 seconds West - 311 feet to a point; North 80 degrees 51 minutes 00 seconds West - 245 feet to a point; North 62 degrees 29 minutes 00 seconds West - 1221 feet to a point; North 76 degrees 25 minutes 00 seconds West - 336 feet to a point; South 86 degrees 47 minute 00 seconds West - 1494 feet to a point; South 80 degrees O1 minutes 00 seconds West - 484 feet to a point; South 66 degrees 38 minutes 00 seconds West - 569 feet to a point; and South 55 degrees 57 minutes 00 seconds West - 181 feet to the place of BEGINNING, and containing some 345.3 acres of land ZC-OS-051 Continued SAVE & EXCEPT, the following tract: COMMENCING at a point being located at the intersection of a North line of aforesaid 96.16 acre tract to Tarrant County Water Control and Improvement District Number One and the East ROW line of Bryant Irvin Road, said point being the point of beginning for 345.3 acre tract described herein; THENCE with the East ROW line of Bryant Irvin Road as follows: North 63 degrees OS minutes 52 seconds West - 26 feet to a point; North 07 degrees 55 minutes 18 seconds West - 287 feet to a point; North 10 degrees 10 minutes 03 seconds East - 87 feet to a point being located at the intersection of the East ROW line of Bryant Irvin Road and the Southwest corner of aforesaid 12.8 acre tract to TESCO, same being the POINT OF BEGINNING for this tract; THENCE departing the East ROW line of Bryant Irving Road and with the Southeast line of the TESCO ROW, North 63 degrees 33 minutes 12 seconds East - 2149 feet to a point being located at the Northwest corner of a 0.194 acre Tract 1 to TESCO as descn~ed in deed recorded in Volume 3461, Page 77, DRTCT; THENCE with the Southwest line of said 0.194 acre tract, South 26 degrees 26 minute 42 seconds East - 38 feet to the Southwest corner of said 0.194 acre tract; THENCE with the Southeast line of the 0.194 acre tract, North 63 degrees 33 minutes 18 seconds East - 225 feet to the Southeast corner of the 0.194 acre tract; THENCE with the Northeast line of the 0.194 acre tract, North 26 degrees 26 minutes 42 seconds West - 38 feet to the Northeast corner of the 0.194 acre tract; THENCE continuing with the Southeast line of the 12.8 acre TESCO ROW, North 63 degrees 33 minutes 21 seconds East - 5117 feet to a point being located at the Southeast corner of aforesaid 12.8 acre TESCO ROW; THENCE with the East line of said 12.8 acre TESCO ROW, North 12 degrees 36 minutes 00 seconds West - 77.24 feet to a point being located at the Northeast corner of said 12.8 acres; THENCE with the Northwest ROW line of said 12.8 acre TESCO ROW, South 63 degrees 33 minute 18 seconds West - 5136 feet to a point at the intersection of the Northwest ROW line and the Southeast corner of a 1.420 acre Tract 2 to TESCO as described in deed recorded in Volume 3461, Page 77, DRTCT; ZC-OS-051 Continued THENCE with the Northeast lines of said 1.420 acre and 2.082 acre TESCO tracts, North 26 degrees 26 minutes 51 seconds West - 672 feet to a point being located at the Northeast corner of aforesaid 2.082 acre TESCO tract; THENCE with the Northwest line of said 2.082 acre TESCO tract, South 66 degrees 53 minutes 18 seconds West - 225 feet to a point being located at the Northwest corner of said 2.082 acres; THENCE with the Southwest lines of said 2.082 acre and aforesaid 1.420 acre TESCO tracts, South 26 degrees 26 minutes 42 seconds East - 685 feet to a point being located at the intersection of the Southwest corner of aforesaid 1.420 acre TESCO tract and the Northwest line of aforesaid 12.8 acre TESCO ROW; THENCE with the Northwest line of 12.8 acre TESCO ROW, South 63 degrees 33 minutes 18 seconds East - 2114 feet to a point being located at the intersection of the Northwest line and the East ROW line of Bryant Irvin Road; THENCE with the East ROW line of Bryant Irvin Road, South O1 degrees 19 minutes 44 seconds East - 83 feet to the place of BEGINNING, and containing some 16.6 acres of land ZC-OS-057 1621 Pruitt & 702 8th Avenue Zoning Change: From: "PD-332" Planned Development for a Funeral Home with Accompanying Residence To: Amend "PD-332" with the same uses plus a "Crematory" use. Site Plan Required (See SP-OS-009) Description: Lots 1, 2, 3 and 4, Block 4, Edwards Heir's Addition. SP-OS-009 1621 Pruitt & 702 8th Avenue Site Plan Approval: Site Plan to add a "Crematory" use. (See ZC-OS-057) Description: Lots 1, 2, 3 and 4, Block 4, Edwards Heir's Addition. 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 ($2000.00) 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 VED AS TO FORM AND LEGALITY: GL~-- ~c~ ~~~ Assistant City tt ey ~,-~~ Adopted: ~~ ~~ ~ ~~ ; ~,~ Effective: ~~ ~. ' ~~ ~~ ~~': I~ a _ • • a~ ~~~ S s~~ 6 -----~, t~ w ~~~ ~~ °~~ ~ ~~ ~~~~~ ~ ~ 4 SR 05.004 ~~ ~ ~ ~ ~~ I Q~ ~ I I ' J.. 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