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HomeMy WebLinkAboutOrdinance 19921-09-2011 ORDINANCE NO. 19921-09-2011 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO, 138969 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-11-050 8809--8851 S. Normandale Street 7.90 ac. Zoning Change: From: "R2" Townhouse/Cluster To: "C"Medium Density Multifamily Descri tion: S. Normandale Street Western Hills Add. Blk 88 Lot 3BR1 8899 S. Normandale Street Normandale Terrace Add. Blk 3 Lot 1 8811 S. Normandale Street Normandale Terrace Add. Blk 3 Lot 2 8813 S. Normandale Street Normandale Terrace Add. Blk 3 Lot 3 8815 S. Normandale Street Normandale Terrace Add. Blk 3 Lot 4 8817 S. Normandale Street Normandale Terrace Add. Blk 3 Lot 5 8819 S. Normandale Street Normandale Terrace Add. Blk 3 Lot 5 8821 S. Normandale Street Normandale Terrace Add. Blk 3 Lot 7 8823 S. Normandale Street Normandale Terrace Add. Blk 3 Lot 8 8825 S. Normandale Street Normandale Terrace Add. Blk 3 Lof 9 8827 S. Normandale Street Normandale Terrace Add. Blk 3 Lot 10 8829 S. Normandale Street Normandale Terrace Add. Blk 3 Lot 11 8831 S. Normandale Street I Normandale Terrace Add. Blk 3 Lot 12 ZC-11-060 Generally bounded by Angle Avenue, Old Decatur Road, Loop 820 West, Meacham Airport and Limestone Terrace 405.13 acres Zonin,a Change: From: "C"Medium Density Multifamily, "I"Light Industrial "J"Medium Industrial, "K"Heavy Industrial and "PD-847"Planned Development far J uses plus biodiesel fuelprocessing To: "PD/K"Planned Development for "K"Heavy Industrial plus rolling mills, rock, cement crushers and stone quarries; wholesale storage of petroleum products; oil drilling and production; manufacture of heavy rubber products. A site development plan shall be provided for administrative review by the Planning&Development Department for the following permitted uses per Section 4.305(D) of the Comprehensive Zoning ordinance of the City of Fort Worth: recycling center, waste tire facility;facilities handling,processing, and loading of municipal solid waste and recyclable materials for transportation at transfer stations, storage,processing, bailing or reclamation of paper,glass, wood, metals,plastics rags,junk, concrete, asphalt and other materials and materials recovery facilities and recycling centers; composting for yard and wood wastes, municipal solid waste, and/or sludge at composting facilities; and processing and storage of scrap tires at waste Lire facilities. Site plan waived far all other uses. The following uses are prohibited:gambling facilities, circus, adult entertainment- sexually oriented businesses, night clubs, massage parlors, hazardous waste disposal including household hazardous waste, halfway house, horse, dog, or automotive racing, shooting or weapons firing range, disposal, dumping or reducing of offal or dead animals,packing plant,poultry killing or dressing, cotton gin, cotton oil mill, bailing or compress,paper or pulp manufacturing, municipal waste landfill. Decsriplion: Being a tract of land situated in the W. Y. Allen Survey, Abstract No. 15, the J. Bowman Survey, Abstract No. 80, the C.E.P.I & M. Co. Survey, Abstract No. 383, the J. T. Hobbs Survey, Abstract No. 806, the R. Floyd Survey, Abstract No. 986, the R. Vickery Survey, Abstract No. 1591, the I. & G. R.R. Co. Survey, Abstract No. 1954 and the I. & G. R.R. Co. Survey, Abstract No. 1955, Tarrant County, Texas and being a portion of that certain tract of land as described in Special Warranty Deed to KEYSTONE EQUITY PARTNERS, L.L.C. as recorded in Volume 15441, Page 37 of the Deed Records of Tarrant County, Texas and also being a portion of that certain tract of land as described in Deed to THOMAS B. BLANTON as recorded in County Clerk's Document No. D208415098 of the Deed Records of Tarrant County, Texas and being more particularly described by metes and bounds as follows: Ordinance No. 1991211-09-210 11 Beginning at a 518 inch iron rod found with "Pate" cap at the most southerly southeast corner of said Blanton tract and being the southwesterly corner of Lot 1, Block 1, Limestone Acres Addition, an addition to the City of Fort Worth as recorded in Cabinet 388-145, Page 18 of the Plat Records of Tarrant County, Texas and also being on the northeasterly right-of-way line of Angle Avenue (120 foot wide right-of-way); Thence, along the northeasterly right--of-way line of said Angle Avenue the following courses: North 41 degrees 20 minutes 59 seconds West, a distance of 2,03 8.75 feet to a 314 inch iron rod found at the beginning of a curve to the left having a central angle of 14 degrees 21 minutes 3 5 seconds, a radius of 1,180.00 feet and being subtended by a 294.96 foot chord which bears North 48 degrees 31 minutes 47 seconds West; Along said curve to the left in a northwesterly direction, an arc distance of 295.74 feet to a 518 inch iron rod found with"Pate" cap at the end of said curve; North 55 degrees 42 minutes 34 seconds West, a distance of 605.68 feet to a 518 inch iron rod found with"Pate" cap for a corner; Thence North 18 degrees 59 minutes 03 seconds West, departing the northeasterly right- of-way line of said Angle Avenue, a distance of 323.11 feet to a 518 inch iron rod found with"Pate" cap for a corner; Thence North 36 degrees 46 minutes 02 seconds West, a distance of 790.45 feet to a 518 inch iron rod found with "Pate" cap for a corner; Thence North 05 degrees 03 minutes 39 seconds West, a distance of 213.91 feet to a 518 inch iron rod found with"Pate" cap for a corner; Thence North 17 degrees 54 minutes 54 seconds East, a distance of 200.76 feet to a 518 inch iron rod found with"Pate" cap for a corner; Thence North 00 degrees 27 minutes 36 seconds East, a distance of 445.62 feet to a 518 inch iron rod found with "Pate" cap for a corner; Thence North 26 degrees 58 minutes 33 seconds West, a distance of 650.90 feet to a PK Nail found in asphalt for a corner on the easterly right-of-way line of Old Decatur Road (a variable width right-of-way); Thence North 00 degrees 29 minutes 04 seconds West, along the easterly right-of-way line of said old Decatur Road, a distance of 456.77 feet to a point for corner; Thence North 89 degrees 30 minutes 56 seconds East, departing the easterly right-of-way line of said Old Decatur Road and along the southerly line of a tract as described in deed to Centex Homes as recorded in Volume 15988, Page 363 of the Deed Records of Tarrant 3 Ordinance No. 19921-09-210 11 County, Texas, a distance of 400.05 feet to a 518 inch iron rod found with "Pate" cap for a corner; Thence North 04 degrees 22 minutes 42 seconds West, along the easterly line of said Centex Homes tract, a distance of 467.28 feet to a 112 inch iron rod found for a corner; Thence North 59 degrees 58 minutes 34 seconds West, along a northeasterly line of said Centex Homes tract, a distance of 230-93 feet to a 518 inch iron rod found with "Pate" cap for a corner; Thence South 89 degrees 30 minutes 55 seconds West, along the northerly line of said Centex Homes tract, a distance of 159.36 feet to a magnesium nail found in asphalt on the easterly right-of-way line of the aforesaid old Decatur Road; Thence Noah 00 degrees 29 minutes 04 seconds West, along the easterly right-of-way line of said old Decatur Road, a distance of 973.52 feet to a magnesium nail found in asphalt at the intersection of the easterly right-of-way line of said old Decatur Road and the southeasterly right-of-way line of Interstate Highway No. 820 (a variable width right- of-way); Thence departing the easterly right-of-way line of said old Decatur Road and along the southeasterly right-of-way line of said Interstate Highway No. 820 the following courses: North 89 degrees 30 minutes 35 seconds East, a distance of 50.34 feet to a 518 inch iron rod found with"Pate" cap for a corner; North 00 degrees 29 minutes 24 seconds West, a distance of 181.95 feet to a 518 inch iron rod found with "Pate" cap at the beginning of a curve to the right having a central angle of 59 degrees 01 minutes 25 seconds, a radius of 300.00 feet and being subtended by a 295.56 foot chord which bears North 29 degrees 04 minutes 18 seconds East; Along said curve to the right in a northeasterly direction an arc distance of 309.05 feet to a TxDoT Monument found at the end of said curve; North 58 degrees 23 minutes 45 seconds East, a distance of 358.29 feet to a 518 inch iron rod found with"Pate" cap for a corner; North 43 degrees 27 minutes 52 seconds East, a distance of 31 0.48 feet to a point for corner; North 51 degrees 33 minutes 1 l seconds East, a distance of 399.22 feet to a point for corner at the northwesterly corner of a tract of land as described in deed to XTO Energy Inc. as recorded in County Clerk's Document No. D206339789 of the Deed Records of Tarrant County, Texas; 4 Ordinance No. 19921-09-20 1 1 Thence South 26 degrees 56 minutes 36 seconds East, departing the southeasterly right- of-way line of said Interstate Highway 820 and along the westerly line of said XTO Energy tract, a distance of 184.53 feet to the southwesterly corner of said XTO Energy tract; Thence North 46 degrees 47 minutes 29 seconds East, along the southerly line of said XTO Energy tract, a distance of 278.02 to the most southerly southeast corner of said XTO Energy tract; Thence North 00 degrees 00 minutes 35 seconds East, along a southeasterly line of said XTO Energy tract, a distance of 75.18 feet to the most northerly southeast corner of said XTO Energy tract; Thence North 44 degrees 37 minutes 53 seconds West, along the easterly line of said XTO Energy tract, a distance of 117.97 feet to a point on the aforementioned southeasterly right-of-way line of Interstate Highway No. 820; Thence North 45 degrees 22 minutes 07 seconds East, along the southeasterly right-of- way line of said Interstate Highway No. 820, a distance of 133.81 feet to a TxDOT monument found at the beginning of a non-tangent curve to the right, having a central angle of 03 degrees 50 minutes 16 seconds, a radius of 11,259.15 feet and being subtended by a 754.04 foot chord which bears North 61 degrees 12 minutes 46 seconds East; Thence, along said curve to the right and along the southeasterly right-of-way line of said Interstate Highway No. 820 in a northeasterly direction, an arc distance of 754.18 feet to a the northwesterly corner of a tract of land as described to Tarrant County Water Control and Improvement District No. 1 as recorded in Volume 2866, Page 190 of the Deed Records of Tarrant County, Texas; Thence departing the southerly right-of-way line of said Interstate Highway 820 and along the common easterly and southerly lines of said Keystone Equity Partners and the common westerly and northerly lines of Tarrant County Water Control and Improvement District No. I the following courses: South 18 degrees 12 minutes 09 seconds West, a distance of 720.93 feet to a point for a corner; South 37 degrees 07 minutes 55 seconds East, a distance of 1,503.30 feet to a 18 inch hackberry (dead) found for a corner; South 00 degrees 32 minutes 33 seconds West, a distance of 1,733.51 feet to a cotton gin spindle set for a corner; North 89 degrees 59 minutes 01 seconds East, a distance of 1,046.90 feet to a concrete fence post found for a corner; 5 Ordinance No. 199?1-09-?01 1 South 08 degrees 45 minutes 54 seconds East, a distance of 692.20 feet to a 518 inch iron rod found with"Pate" cap for a corner; South 57 degrees 44 minutes 06 seconds West, a distance of 327.90 feet to a steel fence post found for a corner, South 08 degrees 45 minutes 54 seconds East, a distance of 1,050.70 feet to a 314 inch iron rod found for a corner; South 79 degrees 09 minutes 54 seconds East, a distance of 208.00 feet to a 314 inch iron rod found for a corner; South 00 degrees 21 minutes 33 seconds East, a distance of 857.26 feet to a 518 inch iron rod found with"Pate" cap for a corner; South 89 degrees 33 minutes 04 seconds West, a distance of 347.22 feet to a concrete post found for a corner; North 01 degrees 03 minutes 21 seconds West, a distance of 458.12 feet to a 518 inch iron rod found with"1625" cap for a corner, North 15 degrees 36 minutes 24 seconds West, a distance of 563.26 feet to a 518 inch iron rod found with"1625" cap for a corner; South 77 degrees 02 minutes 03 seconds West, a distance of 100.88 feet to a 518 inch iron rod found with"Pate" cap for a corner; South 12 degrees 57 minutes 57 seconds East, a distance of 128.01 feet to a 518 inch iron rod found with"Pate" cap for a corner, South 76 degrees 54 minutes 09 seconds West, a distance of 242.40 feet to a railroad spike found for corner, South 12 degrees 47 minutes 30 seconds East, a distance of 92.60 feet to a 314 inch iron rod found for a corner; Thence along the common easterly lines of said Keystone Equity Partners, L.L.C. tract and along the aforementioned Blanton tract and the westerly lines of a tract of land as described in deed to Sunbelt Cement, Inc., recorded in Volume 11728, Page 2318 the following courses and distances: South 77 degrees 12 minutes 30 seconds West, a distance of 130.38 feet to a 60D nail found for a corner; 6 Ordinance No. 19921-09-011 South 13 degrees 02 minutes 11 seconds East, a distance of 329.90 feet to a 518 inch iron rod found with "1 62 5" cap for a corner; South 41 degrees 37 minutes 07 seconds East, a distance of 409.93 feet to a cut "x" found for a corner; South 13 degrees 00 minutes 20 seconds East, a distance of 602.05 feet to a 518 inch iron rod found with"1 625" cap for a corner; South 00 degrees 42 minutes 24 seconds East, a distance of 757.46 feet to a 314 inch iron rod found for a corner; South 48 degrees 54 minutes 31 seconds West, a distance of 722.08 feet to the Point of Beginning and containing 412.367 acres of land, SAVE & EXCEPT 7.231 acres of land as described in the following two (2) tracts of land for a net of 405.136 acres of land, more or less. SAVE & EXCEPT TRACT I Being a tract of land situated in the R. Vickery Survey, Abstract No. 1591, Tarrant County, Texas and being all of that certain tract of land as described in the First Amendment to Amend and Restated Surface Use Agreement to XTO ENERGY INC. as recorded in County Clerk's Document No. D208057378 of the Deed Records of Tarrant County, Texas and being more particularly described by metes and bounds as follows: Commencing at a 518 inch iron rod found with "Pate" cap at the most southerly southeast corner of that certain tract of land as described in Deed to Thomas B. Blanton as recorded in County Clerk's Document No. D208415098 of the Deed Records of Tarrant County, Texas and being the southwesterly corner of Lot 1, Block 1, Limestone Acres Addition, an addition to the City of Fort Worth as recorded in Cabinet 388-145, Page 18 of the Plat Records of Tarrant County, Texas and also being on the northeasterly right-of-way line of Angle Avenue(120 foot wide right-of-way); Thence North 48 degrees 54 minutes 31 seconds East, departing the northeasterly right- of-way line of said Angle Avenue and along the common easterly line of said Blanton tract and the common westerly line of said Limestone Acres Addition, a distance of 722.08 feet to a 314 inch iron rod found for a corner; Thence North 35 degrees 01 minutes 33 seconds West, departing the common westerly line of said Limestone Acres Addition and across said Blanton tract, a distance of 452.35 feet to the most easterly corner of said XTO Energy tract, the POINT OF BEGINNING; 7 Ordinance No. 19921-09-2011 Thence South 52 degrees 15 minutes 05 seconds West, along the southeasterly line of said XTD Energy tract, a distance of 350.00 feet to the most southerly corner of said XTG Energy tract; Thence North 37 degrees 44 minutes 55 seconds West, along the southwesterly line of said XTD Energy tract, a distance of 550.00 feet to the most westerly corner of said XTD Energy tract; Thence North 52 degrees 15 minutes 05 seconds East, along the northwesterly line of said XTG Energy tract, a distance of 350.00 feet to the most northerly corner of said XTG Energy tract; Thence South 37 degrees 44 minutes 55 seconds East, along the northeasterly line of said XTG Energy tract, a distance of 550.00 feet to the Point of Beginning and containing 4.419 acres of land, more or less. SAVE & EXCEPT TRACT II Being a tract of land situated in the J. T. Hobbs Survey, Abstract No. 806 and the I. & G. R.R. Co. Survey, Abstract No. 1955, Tarrant County, Texas and being all of that certain tract of land as described in Special Warranty Deed to xTG ENERGY INC. as recorded in County Clerk's Document No. D206339788 of the Deed Records of Tarrant County, y Texas and being more particularly described by metes and bounds as follows: Commencing at the most northerly corner of a tract of land as described in deed to Keystone Equity Partners as recorded in Volume 15441, Page 37 of the Deed Records of Tarrant County, Texas and also being the most northerly northwest corner of a tract of land as described to Tarrant County Water Control and Improvement District No. 1 as recorded in Volume 2856, Page 190 of the Deed Records of Tarrant County, Texas and alos being on the southeasterly right-of-way line of Interstate Highway No. 820 a t variable width right-of-way); Thence, departing the southeasterly right-of-way line of said Interstate Highway No. 820 and along the common line of said Keystone Equity Partners and said Tarrant County Water Control and Improvement District No. 1 the fallowing courses: South 18 degrees 12 minutes 09 seconds West, a distance of 720.93 feet to a point for corner; South 37 degrees 07 minutes 55 seconds East, a distance of 1,503.30 feet to an 18 inch Hackberry tree (dead); South 00 degrees 32 minutes 33 seconds West, a distance of 893.13 feet to a point for corner from which a cotton gin spindle found bears South oo degrees 32 minutes 33 seconds West, a distance of 840.48 feet; 8 Ordinance No. 1991-09-2011 Thence North 89 degrees 27 minutes 27 seconds West, departing said common line and across Keystone Equity tract, a distance of 447.21 feet to the most easterly corner of said XTO Energy tract, the Point of Beginning; Thence South 54 degrees 40 minutes 01 seconds West, along the southeasterly line of said XTO Energy tract, a distance of 350.00 feet the most southerly corner of said XTO Energy tract; Thence North 35 degrees 19 minutes 59 seconds West, along the southwesterly line of said XTO Energy tract, a distance of 350.00 feet to the most westerly corner of said XTO Energy tract; Thence North 54 degrees 40 minutes 01 seconds East, along the northwesterly line of said XTO Energy tract, a distance of 350.00 feet to the most northerly corner of said XTO energy tract; Thence South 35 degrees 19 minutes 59 seconds East, along the northeasterly line of said XTO Energy tract, a distance of 350.00 feet to the Point of Beginning and containing 2.812 acres of land, 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. 9 Ordinance No. 19921-09-2011 That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of Ordinance Nos. 3 011, 13 896 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 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 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: l Assistant City Attorney Adopted: September 20, 2011 Effective: 10 Ordinance No. 199211-09-210 11