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Ordinance 16374-04-2005
ORDINANCE NO. I6374-04-2®05 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. I3896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESTDENCE OR OTHER PURPOSES, TIME 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 TIFIESE REGULATIONS AND SHOWING SUCH DISTRICTS AND TIME BOUNDARTES THEREOF UPON "DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAYINGS 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`-04-302 13.18 Ac. +/- 3715 Nortl~cas# ZSt~' Street Zoning Chance: From: "E" Neigh6arhoad CornmerciaC To: "PD/,~t7Planned Developnzent,~pec~c Use for all uses in "A-S"®ne- g'a~nily Residential, with No 14ccess to 28r'' Street, except far Construction and Marketing. Site flan Waived Description: BEING a 13.18 acre tract of land situated in the J. G McCommas Survey, Abstract No. 1039, in the City of Fort Worth, Tarrant County, Texas, said tract being Lat 1 and Lat 2 of Harlem Gardens Addition, an addition to the City of Part Worth, Tarrant County, Texas as retarded in Volume 1698, Page 417, Deed Records, Tarrant County, Texas and being more particularly described as follows: BEGINNING at the southeast corner of said Lot 1 of Harlem Gardens, said point being in the north right-off way line of 2$t~' Street and being the southwest corner of Lot 16 of said Harlem Gardens; ZC-04-302 Cvntin~ed THENCE North 89 deg. 50 min. 00 sec. West, along the north right-of--way line of said 28`h Street and the south line of said Lot 1 a distance of 480.50 feet to a point for the southwest coz-ner of sand Lot 1; THENCE North 00 deg. 00 min. 00 sec. East, leaving the north right-af way line of said 28~' Street and along the west line of said Lot 1 a distance of 1045.00 feet to a point for corner in the south right-of way line of Kimbo Road, said point being the most westerly northwest corner of said Lot 2; THENCE North 69 deg. 00 min. 00 sec. East, along the south right-off way line of said Kimba Road and the north line of said Lot 2 a distance of 55.90 feet to a point for corner; THENCE North 60 deg. 00 min. 00 sec. East, continuing along the south right-af way line of said Kimbo Road and the north line of said Lot 2 a distance of 106.50 feet to a point for corner; THENCE North 60 deg. 00 min. 00 sec. East, continuing along the south right-of- way line of said Kimbo Road and the north line of said Lot 2 a distance of 1$5.00 feet to a point for the most northerly northwest corner of said Lot 2, said point being in the southwest corner of Lot P, Block 18 of Riverside Estates Addition as recorded in Volume 388-J, Page 603; THENCE North 90 deg. 00 min. 00 sec. East, along the north line of said Lot 2 and the south line of said Lot P a distance of 226.90 feet to a paint far the northeast corner of said Lot 2; THENCE South 00 deg. 00 min. 00 sec. East, along the east line of said Lot 2 and Lot 1 a distance of 1268.70 feet to the P®INT of ~EGINNI"N~ and containing 13.18 acres of land, more or less ZC-05-036 0.22 Ac. +/- 5130 Anderson Street Zoning Change: From: "B" ~"wo-Family Residential To: "A-S" One-Fatuity Residential Description: A parcel of land being the west b0 feet of Lot 1, Block 3, Sunrise Addition to the City of Fort Worth, Tarrant County, Tezcas, according to the plat thereof filed iin Volume 130, Page 279, of the DRTCT, and being all of those certain lots, tracts, or parcels of land, described by deed recorded in Volume i 1527, page 1715, of the DRTCT and being more particularly described as follows: BEGINNdNG at the northwest corner of said Lot 1; THENCE with the north line of said Lot, East b0 feet; THENCE South 279 feet to the south line of said Lot; THENCE with the south line of said Lot, West, 64 feet to the southwest corner of said Lot; THENCE with the west line of said Lot, North 279 feet to the PUCE ®F i93EGINNING and containing same Ib,740 square feet of land, more ar less. ZC-05-047 5.29 Ac. +/- W. of Sendcra l~,anch Boulevard Zonin Chan e: From: «L*99 Neighborhood Commercial To: "P.D/SU" Planned I~evelapment/Specific Use, far alt uses in "E" Neighborhood Commercial; plus 1Vlini T~arehause with On-Site Residence, No ®utside Storage, Limited to ®ne Story, Lighting to be directed away from Single Family district, Idaurs of Operation from 7:00 a.m. to 7:00 p.m. Site Plan Required (See SP-05-013) ~C-OS-047 Co~.tl:naed Description: BEING a tract of land situated in the William Bramlet and H.R. Ryan Survey (M.E.P.P. RR Co No 12), Abstract No. 1144, the M.E.P.&'P. RR Co. Survey, Abstract No. 1144 and the Coleman Boyd Survey, Abstract No. 212, Tarrant County, Texas, and being a portion of that certain tract of land described by deed to RCM Development LLC., as recorded in document number D204094445, DRTCT, anal being zx-ore particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rnd with plastic cap stamped "Carter & Burgess" found at the souheast corner of Lot 34, Block 23, Sendera Ranch, as recorded in Cabinet A, Slide 8598, PRTCT, and also being the northwest corner of part 2 of that certain 60 foot Temporary Access Easement, as recorded in Volume 17269, Page 301, DRTCT; THENCE South 00° 06' 13" West, 215.54 feet along the west line of said Temporary Access Easement to a 518" iron rod with plastic cap stamped "Carter & Burgess" set; THENCE North 89° 56' 46" West, 1070.22 feet to a 5/$" iron rod with plastic cap stamped "Carter & Burgess" set in the east line of said Block 23, Sendera Ranch; THENCE North 00° 00' 10" West, 215.54 feet along the east line of said Block 23, Sendera Ranch, to a 518" iron rod with plastic cap stamped "Carter & Burgess" found at the northeast corner of Lot 12, Block 23 of said Sendera Ranch; THENCE South 59° 56' 46" East, 1070.62 feet along the south line of said Block 23 to the I'®INT' ®F BEGINNING and containing 230, 722 square feet, ar 5.297 acres of land, snare or less. ~C-05-04~ 1.9~4.lracksboro HAglhway Zanin Chan e: From: "B" Two-Family Residential, and "E" Neighborhood Commercial To: "F-R" General Commercial Restricted Description: Lots 1, 2 & 3, ~tackwood Center .A~ddatlon. ZC-OS-U49 1.~0 Ac. +1- 4000 Black of Ma:nsfelcl Hagl~way Zoning Change: From: "B" Two-~"aynily Residential, and "E" Neighborhood Comrraercial Ta: "F-R" General Commercial Restricted Descriytian: REPNG a tract of land situated in the M. DeLa Garza Survey, Abstract No. 617, City of Fort Worth, Tarrant County, Texas, and being all of that certain tract of land described in deed to 3oel Vasquez and Olivia Vasquez as recorded in Doc. No. D204095568 as recorded in DRTCT, and being more particularly described by metes and bounds as follows: BEGlNN1NG at a set 1/z" iron rod on the northeast line of Mansfield Highway and being the southeast corner of said Vasquez tract; THENCE North 61 ° 55' 16" West, a distance of 188.14 feet along said northeast line of Mansfield Highway to a set 1/2" iron rod at the southwest corner of said Vasquez tract and being the southeast corner of Tract 5 of that certain tract of land described in deed to Melton F. Owens and wife Alberta Owens as recorded in Volume 13209, Page 354, of said Deed Records; THENCE North a distance of 350.00 feet to a set '/2" iron rod at the northwest corner of said Vasquez tract and being the northeast corner of said Tract 5, or said Owens tract, and being on the south line of Trentman City, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-B, Page 199, PRTCT; THENCE East a distance of 166.00 feet to a set '/~" iron rod at the northeast corner of said Vasquez tract and being on said south line of said Trentman City; THENCE South a distance of 438.66 feet along the east line of said Vasquez tract to the P®INT GF .l1EGl"NNING and containing hS,4S0 square feet, or 1.502 acres of land ZC-05-052 0.68 Ac. +/- 1000 Feet East of N©rtia Riverside give Zanin~ C'han~e: From: "C--.~" Casnmunity Facilities To: "R-2" Townhouse/Cluster ~tesidential 1)escriptian: BEING a tract of land out of the D.E. Norton Survey, Abstract No. 1168, City of Dart Worth, Tarrant County, Texas and being part of Fossil Creek, Second Installment (a.k.a. Fossil Creek, Phase 11) Volume 388-141, Pages 51 and S2 as recorded in the Plat Records of Tarrant, County, Texas {P.R.T.C.T.) and being mare particularly described as follows: COMMENCING at the southeast corner of~Stoneglen at Fossil Creek Block 33, Lot 30, as recorded in Volume 388-202, Page 49 (P.R.T.C.T.); THENCE North 77 degrees 33 minutes 47 seconds East departing said north right-of--way line a distance of b09.bS feet to a ll2-inch iron. rod with a yellow plastic eap stamped 'Halff Assoc., Inc.' {hereafter referred to as 'with cap') found, said point being along the proposed east right-af--way line of North Riverside Drive (120 feet wide right-of-way); THENCE North 04 degrees 55 minutes 17 seconds East along said proposed east right-of--way line, a distance of 339.00 feet to a 5/8-inch iron rod with a City of Fort Worth cap found at the beginning of a curve to the left having a radius of 2200.00 feet and a chord bearing North 02 degrees 44 minutes S7 seconds East; THENCE Northerly along said curve to the left continuing along said proposed east right-of--way line, through a central angle of 04 degrees 20 minutes 40 seconds, an arc distance of 16b.82 feet to a U2-inch iron rod with cap set at the beginning of anon-tangent curve to the left, having a radius of 355.00 feet and a chord bearing North 68 degrees 32 minutes OS seconds East, said point being on the south line of a 40 foot wide sanitary sewer easement as recorded in Volume 388-141, Page S1 and S2 (P.R.T.GT.); THENCE Easterly departing said proposed east right-of way line and along said curve to the left and along said sanitary sewer easement, through a central angle of 22 degrees 30 minutes 06 seconds, an arc distance of 139.42 feet to a 112-inch iron rod with cap set for corner; THENCE North 57 degrees 17 minutes 02 seconds East, continuing along said sanitary sewer easement, a distance of 104.85 feet to a 112-inch iron rod with cap set at the beginning of a curve to the right, having a radius of 295.00 feet anal a chord bearing North 75 degrees 20 minutes 18 seconds East; ~C-OS-O52 Cantinuecl THENCE Easterly along said curve to the right and along said sanitary sewer easement, through a central angle of 36 degrees 06 minutes 32 seconds, an arc distance of 185.91 feet to a 1/2-inch iron rod with cap set for corner and being the POINT OF BEGINNING of herein described tract. THENCE South 86 degrees 35 minutes 26 seconds East along said sanitary sewer easement, a distance of 41.54 feet to a 1/2-inch iron rod with cap set at the beginnixag of a curve to the right having a radius of 295.00 feet and a chord bearing South 76 degrees OS minutes 51 seconds East; THENCE Easterly along said curve to the right and clang said sanitary sewer easement, through a central angle of 20 degrees SS minutes 11 seconds, an arc distance of 107.71 feet to a 112-inch iron rod with cap set for corner; THENCE South 65 degrees 41 minutes I5 seconds East along said sanitary sewer easement, a distance of 11.28 feet to a 1/2-inch iron rod with cap set far corner, said point being an the common line with a tract of land described to Fossil Creek Golf, Inc. as recorded in Tarrant County Clerks No. D194218273, dated September 30, 1994, said point also being on the approximate centerline of a 30 feet wide Mabi1 Pipeline easement as recorded in Volume 8140, Page 604, {D.R.T.C.T.); THENCE South 06 degrees 40 minutes 04 seconds West departing said sanitary sewer easement and along said common line and said approximate centerline of easement, a distance of 18.73 feet to a 112-inch iron rod with cap found for corner; THENCE South 19 degrees 47 minutes 43 seconds East along said common lime and approximate centerline of easement, a distance of 95.39 feet to a 112-inch iron rod with cap found for corner; THENCE South 70 degrees 12 minutes 18 seconds West 150.00 feet departing said common line to a paint; THENCE North 51 degrees 48 minutes 17 seconds West 68.19 feet to a paint; THENCE North 03 degrees 23 minutes 14 seconds East 150.00 feet to TI-I~ ~®I1VT ®F BEGINNING and containing 27,372.48 square feet, or O.S28 acres of lanr~ ZC-OS-053 Southwest corner of Hemphill Street and Sycamore School 12oad honing Change: From: "~" T'wo-Family Residential, and "C-F" Community Facilities T©: "A-S" One-Family Re,~idential Description: Lots 14-25, Block 5, The Trails of iVillow Creek Addition.. ZC-05-055 4828 Locke Avenue Bonin Chan e: From: "C" Ntediu~n Density multi-,,Family Residential To: ".E"Neighborhood CommerciaC l~escriptian: Lots 25 & 2G, black 1.28, Chamberlain ~.rlia~gtan Heights, isr Section, to include the following right-of--way description: REdNG 0.09 acres of land situated in the existing right-of way ofLocke Avenue anal being described by metes and bounds as follows: BEGINNING at the southwest corner of said Lot 2S, Block 128; THENCE South 89° 20' 09" East along the northern right-of-way line of said Locke Avenue, 400.6$ feet to the southeastern career of Lot 40, Block 128 of said Chamberlain Arlington Heights; THENCE South 00° 39' S1" West, 10.00 feet; THENCE North 89° 20' 09" West, 400.72 feet; THENCE North 00° 52' 22" East, 10.00 feet to the FOINT OFSEG~NN1NG and containing 0.09 acres of land, mare ar less ZC-OS-056 32.86 Ac. +/- 56Q0 Block of Eastland Street Bonin Chan e: From: "B"Two-~"amily Residential To: "C R"Lorv Density ,multi-.Family Residential Description: BE.INCr a tract of land situated in the T.W. DANIEL SURVEY, Abstract Na. 395, Tarrant County, Texas and being a portion of the 2S acre tract afland described in deed to C.P. Hadley and L.N. Wilemon recorded in Volume 3210, Page 71, and all of a 9.57 acre tract of land described in deed to said C.F. Hadley and L.N. Wilemon recorded in Deed Records of Tarrant County, Texas, and being all that certain tract of land described in deed to Caren Real Estate, Ltd., recorded in Volume 14219, Page 42$, D.R.T.C.T., and being rrzore particularly described as follows: BEGINNING at a 112 inch iron rod found in the south right-af-way line of Eastland Street (variable width right-of--way), being the northwest earner of said Conn Real Estate, Inc., tract and the northeast corner of a tract of land described in deed to The City of Fort Worth, Texas, recorded in Volume 7159, Page 1902, D.R.T.C.T.; THENCE North 89 degrees 53 minutes 00 seconds East, along said south right- ofway line, a distance of 780.27 feet to a 112-inch iron rod with plastic cap stamped "Precise Land Surrr." set for corner; THENCE North, along an offset in said south right-of way line, a distance of 11.90 feet to a 1--inch pipe found for corner; THENCE East, along said south right-off way line, a distance of 145.30 feet to a 1-inch pipe found at the common corner of said Conn Real Estate, Ltd., tract and a tract of land described in deed to Maeola Twine Estate recorded in Volume 4030, Page 472, D.R.T.GT.; THENCE South, along the common line of said Conn Real ,Estate, Ltd., tract and said Maeola Twine Estate tract, a distance of 140.00 feet to a 112-inch iron with plastic cap stamped "Precise Land Surv." set for corner; THENCE East, along the coxnzx~on line of said Cann Real Estate, Ltd., tract and said Maeola Twine Estate tract, a distance of75.00 feet to a 112-inch iron rod with plastic eap stamped "Precise Land Surv." set for corner; ZC-OS-056 Continued THENCE North, along the common line ofsaid Conn Real Estate, Ltd., tract and said Maeala Twine Estate tract, a distance of 140.00 feet to a 1-inch pipe found in the south right-af--way line of said Eastland Street; THENCE East, along said south right-of way line, a distance of 113.80 feet to a 1-inch pipe found for corner; THENCE South, along the camxnan line of said Conn Real Estate, Ltd., tract and an offset in said south right-of way line, passing at a distance of 11.00 feet the northwest corner of Lot 1 R, Black 1, Golden West Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the replat thereof recorded in Cabinet A, Page 5391, Plat Records, Tarrant County, Texas (P.R.T.C.T.}, and along the common line ofsaid Conn Real Estate, Ltd., tract and said Lot 1 R, in all, a total distance of 1107.85 feet to a 1 / 2-inch iron rod with plastic cap stamped "Precise Land Surv." set in the north line afLot 11-R, Wilkes Estates, an addition to the City of Fort Worth, Tarrant County, Texas according to the plat thereofrecorded in Cabinet B, Page 421, P.R.T.C.T.; THENCE North 74 degrees 58 minutes 00 seconds West, along the common line ofsaid Conn Real Estate, Ltd., tract and said Lot 11-R, a distance of 209.09 feet to a 112-inch iron rod with plastic cap stamped "Precise Land Surv." set for GOrner; THENCE South 04 degrees 14 minutes 00 seconds East, along the eomrnon line ofsaid Conn Real Estate, Ltd. Tract and said Lot 11 WR, a distance of 64.$5 feet to a 1/2~ineh iron rod with plastic cap stamped "Precise Land Surv." set for corner; THENCE South 20 degrees 30 minutes 00 seconds West, along the comYnon line ofsaid Conn Real Estate, Ltd., tract and said Lot 11-R, a distance of 52.80 feet to a 1/2-inch iron rod with plastic cap stamped "Precise; Land Surv." set for corner; THENCE South 22 degrees 48 minutes 00 seconds West, along the cozx~naon line of said Conn Real Estate, Ltd., tract and said Lot 11-R, a distance of 113.54 feet to a 112-inch iron rod with plastic cap stamped "Precise Land Surv." set for corner at the northwest corner of Lot 9-R, said Wilkes Estates; THENCE North 8$ degrees 29 minutes 00 seconds West, along the cornrnon line ofsaid Conn Real Estate, Ltd., tract and Wilkes Estates, an addition to the City of Fort Workh, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-L, Page 5$, D.R.T.C.T., a distance of 120.19 feet to a 112-inch iron rod with plastic cap stamped "Precise Land Surv." set for corner; ZC-05-056 Cantalnued THENCE South, along the common line of said Conn Real Estate, Ltd., tract and said Wilkes Estates Addition (Vol. 388-L Pg. 58}, a distance of 113.20 feet (deed 93.20 feet) to a 112-inch iron rod with plastic cap stamped "Precise Land Surv." set for corner at the northeast corner of Village Gardens Addztian, an addition to the City of Fort Worth, Texas, according to the plat thereof recorded in Volume 388--Y, Page 84, D.R.T.C.T.; THENCE South 89 degrees 30 minutes 00 seconds West, along the common line of said Cann Real Estate, Ltd,, tract and the north line of said Village Gardens Addition, a distance of 730.$0 feet to a 1-inch pipe found at the southwest corner of said Conn Real Estate, Ltd., tract and being in the east line of a tract of land described in deed to Wilbarger Street, L.P., recorded in Volume 15174, Page 330, D.R.T.C.T.; THENCE North 00 degrees 12 minutes 37 seconds West, along the common line of said Conn Real Estate, Ltd., tract and said Wilbarger Street, L.P., tract, passing at a distance of 406.71 feet the southeast corner of said City of Dort Worth. tract (Vol. 7159, Page 1902), along the common line of said Conn Real Estate, Ltd., tract and said City of Fort Worth tract, in all, a total distance of 1364.30 feet to the POINT ~F ~EGINNIN~ and contai~i~g 1,.431,501 square feet, o~ 32.863 acres of land SEC'Tll®112. That the zoning regulations and districts, as herein established, have been made in accordance with the comprehensive plan far 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 anal 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. SECTS®N 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. SECTi41®I 4. That all rights or renrzedies of the City ofFort Worth, Texas, are expressly saved as to any and all violations of Ordinance leas. 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. sECTr®1~ s. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses anal phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective ar 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 ar sections of this ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective ar unconstitutional phrase, clause, sentence, paragraph or section. SECTS®N G. That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with ar who resists the enforcement of any of the previsions of this ordinance sha11 be $ned 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. SECTI®N 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 oi~cial newspaper of the City of Fort Worth, Texas, as authorized by V.T.C.A. Local Government Code Subsection 52.013. SECTION $. That this ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: Assistant City Atto y Adapted: ~----1-~~`tl..~_. 1C~ ~~.,)~~ fi Effective: ~ ~~~~~