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HomeMy WebLinkAboutOrdinance 157413 ORDINANCE NO. ~ ~~- AN ORDINANCE AMENDING ORDINANCE NO. 1518 TQ CORRIECT THE DESCRIPTIONS OF CERTAIN PROPERTY IN ZONING CASE NUMBER ZC-03-080 AND TO DELETE CERTAIN TRACTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PRQVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION AND NA11rZING AN EFFECTIVE DATE WHEREAS, on April 8, 2003, the City Council approved a request by Wide Open Spaces to rezone the 500 block of East Bluff Street, the 800-1000 blocks of East Peach Street, the 300-400 blocks of Cummings Street and the 600 black of West Belknap Street to a Planned Development for all uses in the "1-I" Central Business District, with certain exceptions, under Case No. ZG03-080, WHEREAS, the subject property consists of numerous lots on the northern edge of the downtown area, many of which were platted decades ago and have been subsequently subdivided; WHEREAS, the legal descriptions used to describe the subject property were compiled from subdivision records, Tarrant Appraisal District ("TAD"} records and City zoning maps; «'HI~:I21~::~5, Ordinance No. 15518 reflecting the zoning decisions made by the C~it~ C~~tin~i( ~~,i~ .1~>>~il `~, ~~~t~;, ~rrt~ncc?u~l~, lip(<~~1 lr~u~t 1; ,n1~~ ~Ir;ict 1-i as property WHEREAS, it is advisable to amend Ordinance No. 15518 to delete Tract 13 and Tract 14 and to correct inconsistencies in property descriptions by identifying the subject property using designations obtained from TAD records; WHEREAS, identification of the property according to TAD records will be consistent with the method used to identify additional property rezoned by the City Council for the Wide Open Spaces project on September 9, 2003, in Case Nos. ZC-03- 198 and ZC-03-199; WHEREAS, this ordinance amends Ordinance No. 15518 with regard to Case No. ZC-03-080, only; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: SECTION 1. That Ordinance No. 15518, an amendment to Ordinance 13896, is amended to delete tracts 13 and tracts 14 and to describe the subject property in accordance with Tarrant Appraisal District records, as follows: ZC-03-4~0 Tract Addition Block Lot 2 ! 1 ~ ~ ~ ~~ h ~. _ ,. E~ ~i ~; ~ 1~....,~~11 !~i.:n B rtiu.,~,: I ~ ,~.i~~.~~ ;~ ZC-03-080 {Continued) 14 E~ :~»~~~lluffman 11 ~~~.J. Boaz B B 6&7 all of 1 & part of 11, 12 {AKA Lat z~ p, ri of 7, 8 & 9 AKA a part of the F.G. Mullikin Survey, Abstract # 1445 part of 6 AKA a part of the F.G. Mullikin Survey, Abstract # 1445 part of 6 AKA a part of the F.G, Mullikin Survey, Abstract # 1445 all of 6,7,8&9~.part of 5,14,11&..12 portion of 15,16& 1 s & ail of 17 5-7, 8A&8B, 9, 14A&14B, 11B&12B lA,1B,IC,1D, 2B,2C & 2D part of 17 & 18 3&4 3C and 4A 35 and 38A 15A1, 15B, 15C, 1SC1, 15I?, 15E, 15F,16A,16B 12 J.L. Maare 15 J.L. Maare 16 J.L. Maare 17 Original Tawn of FW I8 Original Tawn of ~'W 24 Original Tawn of FW 124 124 12~ 21 Original Tawn of FW 123 Land 644 Cummings 22 Original Tawn of FW 123 Cummings Land 644 From "B "Two-Famil}~~, "C"Medium Density Multi-Farruly, "D >' High Density Multi-Family, "E"Neighborhood Commercial and "G"Intensive Commercial to: ~`. "~'~/SU" Planned DeveZopmentlSpecific Ilse far all uses in the "I~" Central Business District, except as described below, for the following properties: [All Subdivisions, Blocks, and Lots are identified according to Tarrant Appraisal District {TAD) maps. Properties are more particularly described in the "Brookes Baker Surveyors Exhibit "attached and incorporated into this description.] Tract I7 - A 1.488-acre tract of land on a portion of the block bounded by East Peach Street on the north. the BNSF RR on the east, East Bluff Street on the south. and Elm Strcct on the ~~est, and co~~sisting of Block 124, Lets SA. SB, 6:~, ~~8, ,~1, 7B, 8A, 8E3, 9A, ~)E3, 1~A, ll.~, an~~ 12A in the Ft. Worth C?l-i~inat To~~ it ~uluii~ i;i~~i;, J~li~~1 ~'; ~~~~~!,;]l1il~!il~ll ~~~`•'•I ~il!~~Il~:~l~il. ZC-03-080 (Continued} Tract 24 - A 1.547-acre tract of land on a portion of the block bounded by East Bluff Street on the north, Elm Street on the east, East Belknap Street on the south, and Pecan Street on the west, and consisting of Block 123, Lots 5, 6, 7, 8A, 8B, 9, 14A, 14A1, 14B, 11B, 12B in the Ft. Worth Original Town Subdivision; Tract 21 - A 1.149-acre tract of land on a portion of the block bounded by Nash Elementary School on the north, Elm Street on the east, East Bluff Street on the south, and North Cummings Street on the west, and consisting of Block 123, Lots 1 A, 1 B, 1 C, 1 D, 2B, 2C, 2D, in the Ft. Worth Original Town Subdivision; Lots 3 and 4 in the Cummings Addition; and consisting of Lots 17A, 17B and 1$B in the Land 644 Addition; Tract 22 - A 4.246-acre tract of land and a 2.529-acre tract of land on portions of the block bound by a steep bluff on the northwest and by North Cummings Street on the east and East Bluff Street on the south, and consisting of Black 123, Lots 3C and 4A in the Ft. Worth Original Town Subdivision; 35 and 38A in the Cummings Addition; and Lots 15A1, 15B, 15C, 1501, 15D, 15E, 15F, 16A and 16B in the Land 644 Addition. Use Restrictions The PD shall include all uses in "H" excluding the following uses: Entertainment at2d Eating Massage therapy Sexually Oriented Business Lod,~7in~ Recreational Vehicle Park Retail Sale. rS~ Service Cold storage plant or ice plant Gunsmithing, repairs or sales Home improvement store Mini-~~ archou~cs ~~C~I~(U~11~\ l~I~ ~nnCl~ll~ ~11~i11~' T.. F'l'ii A~r(~'~ c~ .~cl"lr<c'S ZC-03-080 {Continued} Automotive repair, paint and body shop Car wash, full or self=service Vehicle sales or rental; including automobiles, motorcycles, boats ar trailers Height and Development Restrictions -all properties shall be subject to the development standards of the "H" Central Business District. Site Plan -Required site plan waived. (S00 Block of E Bluff, 800-1040 Blocks of E Peach Street, 300-400 Blocks of Cummings, 600 Block of W Belknap Street) 2. "PD1SU" Planned DevelopmentlSpecific Use for all uses in the "H" Central Business District, except as described below, for the following properties: [All Subdivisions, Blocks, and Lots are identified according to Tarrant Appraisal District (TAD} maps. Properties are more particularly described in the `Brookes Baker Surveyors Exhibit "attached and incorporated into this description.] The western portion of Tract 1, a 3.49-acre tract, generally located west of Samuels Avenue and northwest of the intersection of Samuels Avenue and Gounah Streets in the Gouhenant Addition, Block 2; The westernmost portions of Lots 14, 15, 16A, 168, 1 ~A, 17B, 18, 19, and 20 beginning 200 feet west of the centerline of Samuels Avenue and continuing westward to the westernmost extent of each lot. The western portion of Tract 12, a 0.586-acre tract, generally located west of Samuels Avenue and southwest of the intersection of Samuels Avenue and Gounah Streets in the Moore, J L Addition, Black 2; The westernmost portion of Lot 8 beginning 200 feet west of the centerline of Samuels Avenue and continuing westward to the westernmost extent of the lot; and the westernmost portion of the east part of Lot 9 beginning 200 f~;et west of the centerline of Samuels Avenue and continuing westward to tt~c ~~ ~~tcrnmo~t c~tcTtt of the lot. USC' IZcstrictions ~ 9 ~, _. ~l~~s>.~; ~~ ti~~~;iE~~ >~~u,ill~ t)r!~~nt~~i 13u~ii~~~> 5 ZC-03-080 (Continued} L©d ifa Recreational Vehicle Park Retail Sales c~ Service Cold storage plant or ice plant Gunsmithing, repairs or sales Home improvement store Mini-warehouses Mortuary or funeral home Pawn Shop Tattoo parlor Taxidermist shop i~ehicle Sales c4~ Services Auto parts supply, retail Automotive repair; paint and body shop Car wash, full ar self-service Vehicle sales or rental; including automobiles, matarcycles, boats or trailers Height and Development Restrictions - all properties shall be subject to the development standards of the "fI" Central Business District except for the following: Height -Building height shall be restricted to 72 feet or b stories, whichever is less. In addition, a transitional height plane of 45 degrees shall apply to portions of a building above 45 feet or 3 stories, whichever is less, beginning at the wall plane closest to the Trinity River and north district line. More specifically, this height plane would apply from the northern boundary of Tract 1 and the western boundary of Tracts 1 and 12. Silo Pl~ii~ - Reduired site plan waived. (SOU-600 131oe1:s of~ Samuels venue} Z ..I,I) til I'lann~~~l 11~~~1~1<i~~u~cnt ~Ei~~cilic t .c _ ~ r ~ ~~ :~ tf . ~ _ ~ ; ~~. .'. _ .. ~. _ ~~:... ~:. ~.il~l~lA,~Il~il~, ~j!~~~~~. ,li;~~ ~ 1~;~ ;1,~ ':~iil., :ill ,l~i~'1~. ;t~ ~ ~1:~I.lI?'. ~~l~v~:l~~ii 1)i~~ric: < l:~UI ,~~~i}~~. }'rut?~~rti<~ .u~~ n~i~~r~' }~ar~i~~ularl~ cl~~~ril>;~~1 in tl~~ "13ru~~h~s Ej,l~~~'l ~,ll~V~~A(~:~~ EV~!~~Il ;lll~~~!~~I;1G~1 :l'~~~IO~~l~~ll~l~ :llll? (~ll~ 1~~'J~IIOllt?Il.j ZC-03-084 (Cvntinned} The eastern portion of Tract 1, a 3.919-acre tract, generally located west of Samuels Avenue and northwest of the intersection of Samuels Avenue and Gounah Streets in the Gouhenant Addition, Block 2; Described as the easternmost portions of Lots I4, 15, 16A, 168, 17A, 17B, 18, 19, and 20 beginning 204 feet west of the centerline of Samuels Avenue and continuing eastward to the easternmost extent of each lot. The eastern portion of Tract 12, a 0.586-acre tract, generally located west of Samuels Avenue and southwest of the intersection of Samuels Avenue and Gounah Streets in the Moore, J L Addition, Block 2; Described as the easternmost portion of Lot 8 beginning 200 feet west of the centerline of Samuels Avenue and continuing eastward to the easternmost extent of the lot; and the easternmost portion of the east part of Lot 9 beginning 240 feet west of the centerline of Samuels Avenue and continuing eastward to the easternmost extent of the lot. Tract 2 - A 4.281-acre tract of land on a portion of the block bounded by Pioneers Rest Cemetery an the north, BNSF RR an the east, Gounah Street an the south, and Samuels Avenue an the west, and consisting afBlack 1, Lots 13 and 14 in the Gouhenant Addition as identified an the Tarrant Appraisal District {TAD) maps, and identified as Lots 9 and 14 by Brookes Baker Surveyors; Tract 3 - A 0.688-acre tract of land on a portion of the block bounded by Pioneers Rest Cemetery on the north, BNSF RR on the east, Gounah Street an the south, and Samuels Avenue an the west, and consisting of Block 1, Lots 4, 5, 6, 7, and 8 in the Gouhenant Addition; Tract 4 - A 0.777-acre tract of land an a portion of the block bounded by Gounah Street on the north, Harding Street an the east, East Peach Street an the south, and Grant Street on the west, and consisting of Biack A, Lots SD, 6A, 7A, 8A, 8C, 9A, 9B, 10A, 14B, 1 lA, and 11B in the Evans and 1-Iuffman Addition; Tract 5 - A 4.386-acre tract of land an a portion of the block bounded by Gounah Str~~~i tin the north, BNSF RR on the east, and I-Larding Street on the west, and c~~~~s»tin~z ~~f8lock 159, Lots ti_~t. ~E3, ~C and 4 in the Fort Worth Original Town ~il~_~cjlA I~111R; _ n x ;^ ~i~~~l l lt~lli~l~tn .A~i~ii~~t~;~: ZC-03-0~0 {Continued} Samuels Avenue on the west, and consisting of Block B, Lots 18A and 18B in the Evans and Pluffman Addition; Tract 8 - A 0.512-acre tract of land on a portion of the block bounded by Gounah Street on the north, Grant Street on the east, East Peach Street on the south, and Samuels Avenue on the west, and consisting of Block B, Lots 14A, 14B, 15A, 158, 16A, and portions of 13A and 13B in the Evans and Huffinan Addition; and consisting the vacated alley between Grant Street and Samuels Avenue; and consisting of the northern portion of Lot 4, Block B, in the Moore, J L Addition; Tract 9 - A 0.284-acre tract of land on a portion of the block bounded by Gounah Street on the north, Grant Street on the east, East Peach Street on the south, and Samuels Avenue on the west, and consisting of Block B, Lots 17, 18, 19, and the southern part of 9 in the Boaz Addition; Tract 10 - A 0.298-acre tract of land on a portion of the block bounded by Gounah Street on the north, Grant Street on the east, East Peach Street on the south, and Samuels Avenue on the west, and consisting of Block B, Lots 6 and 7 in the Evans and Huffman Addition; Tract 11 - A 0.402-acre tract of land on a portion of the block bounded by Gounah Street on the north, Grant Street on the east, East Peach Street on the south, and Samuels Avenue on the west, and consisting of Block B, Lots 1, 11, and the middle part of 12 in the Boaz Addition; Tract 15 - A 0.244-acre tract of land generally located west of Samuels Avenue and southwest of the intersection of Samuels Avenue and Gounah Streets in the Moore, J L Addition, and consisting of the northern, middle portion of the eastern part of Lot 6, Block 2; Tract 16 - A 0.108-acre tr~~ct of land generally located west of Samuels Avenue aild southwest otthe inters~eiion of Samuels :~~~enue and Gounah Streets in the ~1~~urc. ~ L .~1t1~1itioi~. anal ct>»si,t€>>~~ ~>I~the southern, middle portio~l ohtl~e easter~l }~~=rt ~, i~ 1 ~~; ~~. I31~~~ h ~. ~~ I1~~~11I~I1~,11~ Iiii~li~C.~~ ~)I~lf ll'1 ~'\~~'f~~ ~~li ~~~ill~VA,'i~` ,1 ~1`- ZC-Q3-080 {Continued} Entertainment arte~ Eating Amusement, outdoor Baseball, softball facility {commercial) Bowling alley Bar, tavern, cocktail lounge; club, private ar teen Drive-in restaurant or business Massage therapy Sexually oriented business ~~~ Recreational Vehicle Park Retail Sales ~ Service Appliance, sales, supply ar repair Boat rental ar sales Burglar alarms sales or service Cold storage plant ar ice plant Copy stare or commercial print center without off-set printing Feed store, na processing/ milling Gunsmithing, repairs or sales Home improvement stare Large retail stare Liquor or package stare Mortuary or funeral home Pawn Shop Saddle ar harness, repair or sales Tattaa parlor Taxidermist shop ~ehiele Sales & Services Auto parts supply, retail Automotive repair; paint and body shop Car wash, full ar self-service Gasc~lir~~ ~al~s ~~~r~ i<<~ ~t.+ti~~n .,~ ~, E', !I'~.UII~ Illl ~~_I.t~~ 1 ;1~. ~)t~~ ~~;1~- _ I~~,:';1 ~~l.t~l'~'~ (~j`pjl 'i;~~l!il;~ 1~u1>l?~~~i~ ~<<ii~~E~ ~1<u~ula~lur~ ZC-03-080 (Continued) Height and Development Restrictions -all properties shall be subject to the development standards of the "~l" Central Business District except for the following. Height -Building height shall be restricted to ZO stories. In addition, a transitional height plane of 45 degrees shall apply to portions of a building above 45 feet or 3 stories, vfhichever is less, for buildings along the northern border of the district. More specifically, this height plane would apply from the northern boundary of Tracts 1, 2 and 3 and eastern boundary of Tract 1. Site Plan -Required site plan waived. (300-600 Blocks of Samuels Avenue, 1000-1100 Blocks of Gounch Street, 400-600 Blocks of Grant} SECTION 2. That this ordinance corrects C}rdinance No. 15518 with regard to Case No. ZC-03-084, only. SECTION 3. 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 con,~~sti~>>2 in the str~cts: tv secure s~ltet; I~;c~n`~ fire, p~inic. flood and other ~l.~n~~~rs; to _ '~,ii?. ali~~ ~~'..,~' ~~U!~I~ lil=.~ ~.~_.Ill> ~jll n.,~ '~~~~,. '.1,1~~~ ~li',~1 .U.. .;Irlj ~'~~I'lt~'~:I~' ~~tl~~.:C ~~~~1'',l_ „Ili: .~,~l~L;lh~~ ~.tl':1~'~,l~~l,lit11';. ~I;l~?il;~ ~~1~:~'I~ ',~'Ill~'~. lei ~IIC of conserving the value of a building and encouraging the most appropriate use of land throughout the community. SECTIt~N 4. 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 5. That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of C}rdinanee No. 13896 or of 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. SECTIt~N 6. That 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 pl~ras~, clause, sentence, paragraph or section of this ordinance shall be declared void, inc11~~~~ti~Pe or unconstitutional by the valid ju~_f~~it~cnt or ~1~cr~~ of any court of r~~m~ctent ,,i ., A\~~U.u ..,.~. l~~'~I:.'Il~l.~l~~; ~, ~~1~ l l~V L c?,,',~;I ullllt~ill il'i~: tR~~~;~~~il.lii~~l; (:~f~Cll t~l ~U1V` „~ ,,~1~.. ~~'.1~~'.I',. L?1 .:.iii' 1~1~..,U~~(l~C! (~iii.4~~. ~'.alj~;, ~t;hiLt;ilttW, 11wL1.1'_";1~~1 tli 51.;~11tJlh SECTION 7. That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply urith 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 8, That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this ordinance for t~vo (2} days in the official newspaper of the City of Fort Worth, Texas, as authorized by V.T.GA. Local Government Code Subsection 52.013. SECTION ~. That this ordinance sha11 take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: As~ista«t City ~~uori~~;y Adopted: L f'fcx: ~ i ~ ~~ : 12 pity of Fot~ U'~ort~, Texas Mayor and Council Communication COUNCIL ACTION: Approved on '1111112003 -Ordinance No. '15741 DATE: Tuesday, November 11, 2003 LOG NAME: 22CZ0 15518 REFERENCE NO.: **G-14147 SUBJECT: Amendment of Ordinance No. 15518 to Correct Zoning Ordinance for 500 Block of East Bluff Street, 800-1000 Blocks of East Peach Street, 300-400 Blocks of Cummings Street and 600 Block of West Belknap Street, Zoning Case No. ZC-03-080 RECOMMENDATIC}N: It is recommended that the City Council approve the attached ordinance correcting the zoning ordinance for Case No. ZC-03-080 for property owned by Wide Open Spaces. DISCUSSION: On April 8, 2003, the Gity Council approved the zoning request by Wide Open Spaces for three planned development districts far property in the northern section of the downtown area, as reflected in Ordinance No. 15518. The subject property was platted many years ago and had been subsequently subdivided on numerous occasions, with the result that legal descriptions for the property are complicated. The property descriptions used in the ordinance were a combination of legal descriptions derived from Tarrant Appraisal District {TAD) records, subdivision plats and City zoning maps. The attached ordinance revises and clarifies the legal descriptions by identifying the property according to Tarrant Appraisal District designations. The use of TAD designations for the property is consistent with the description of property in two additional Planned Developments for the Wide Open Spaces property that were approved by the City Council on September 9, 2003, in Case Nos. ZC-03-198 and ZC-03-199. In addition, Ordinance No. 15518 erroneously included Tracts 13 and 14, which had been deleted from the zoning application at the owner's request prior to notification to surrounding property owners of the Zoning Commission hearing on the case. The attached ordinance corrects Ordinance No. 15518 by deleting Tracts 13 and 14. The affected properties are located in COUNCIL DISTRICT 9, FISCAL IN~ORMATION!CERTIFICATION ._ _ ,. .. TO FundlAccount/Centers FROM Fund;AccountJCenters Submitted for City Manager's Office by: Originating DepartrTient Head !'a t11t~ ri.t! ;f ;,ni,it~, ;rit,~ -_ ~~~7rd Zavd~ , __ , ~N; f .ncrnam~• '7')f"7fl 1 ~ ~ 7 4