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HomeMy WebLinkAboutOrdinance 21060-12-2013 ORDINANCE NO. 21060-12-2013 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 SEVERABILIT Y 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-13-169 2400-2800 blocks SH 114 36.40 acres Zoning Change: From: Unzoned To: "I"Light Industrial Description: West Being a tract of land Situated in the Richard Matany Survey, Abstract No. 878 Denton County,Texas, being a portion of that tract of right-of-way acquired by the Texas Department of Transportation from Industrial Developments International (Texas), L.P. (hereafter referred to as IDI tract), recorded in 2007-44535, DR_DCT, for the expansion of State Highway No. 114 and being more particularly described as follows: Z� Beginning at the southeast comer of Lot 7, Block A of the Speedway Distribution Center Addition at the intersection of the north right-of-way line of State Highway No. 1 14 (R.O.W. varies -adjoining R.O.W. per t, ZD 2011-4529'1, DRDCT), with the west line of Three Wide Drive (Lot I, Block A, 2009-31, Plat Records, Denton County, Texas, being a Private Road, Emergency Access, Fire Lane, Utility and Drainage Easement); Ordinance No.2 1 060-1 2-20 1 3 Page I of 5 .................... Thence S00"|8'|8^ E` along projection of the west line ot said Three Wide Drive, u distance o[ l02.}3 Thence along thepreviousoorthe1yhght-of-vuy |inoofyaidS|ou: HighwuyNo. 114' nsfbUonm: Northwesterly, along u curve Lo the right, having o radius nf3700 feet, and a chord that bears N7O^56'45" W, approximately 800 feet inaTXDOT aluminum disc found azthe end o[said curve; N 68°56'03" K( u oom| distance of 1200 feet to the w*uoom most corner of the herein described tract of land; Thence N 89'5 1'03" E, to the current northerly right-of-way line of said State Highway No. 114, being in the south line ofLot iX, Block | of the Speedway Distribution Center Addition, a distance of300feet; 'Thence along the Southerly line of said Speedway Distribution Center Addition,as follows: S66°56'02'' C. 0 distance nf025 feet m the beginning ofu curve u/ the left; $ou\hecmtex|y, along said ou � o the |�t having of o central o &\� of | |°56'|7", an m arc distance of754.4 feet, and uchnnj that bears S7Z"2g'42" E, 76I43 feet to oTXDOTaluminum disc found at the end of said curve, being also the Point of'Beginning and containing approximately 4.1 acres oJ*6md. Description: uus/ Being part of 36.4 acre tract of land situated in the James Smith Survey` Abstract No. 1149. Denton County, Texas, hoin� opo�ion of Tract 3 ou described in quit-claim deed to Speedway Distribution Center Owners= Association, Inc. (hereafter referred to as Speedway Tract 3)' recorded in 2009-92705` Deed Records, Denton County,Texas(DQ'DCT)` being a portion ofthat tract uf land oo described inExhibit A in deed to Industrial Developments \o,emotionu|. Inc. (hereafter referred to as lD[' Inc, trocA, recorded in 2009-92786, DRI)CT. being u portion nfthat \lA.g38 acre tract of land osdescribed in deed to Industrial Developments International (Texas), L.P. (hereafter referred to as |[)) 119.938 acre uom)' recorded io 2007-44535. DRI)CT, and being all of Pucoe| 228 as described in deed to the State ofTcxus, recorded in Z0ii'60485. being all of Parcel 22Dusdescribed in deed Lo the State of Texas, recorded in201|'60jb5, and all of Parcel 22C as described in deed to the State of Texas, recorded in 28\|-6048|. Deed Records, Denton County, Tcxou(DkI)CT), being more particularly described as follows: Beginning mo point in the north line of State Highway No. 114 (adjoining R.O.W. per 20| 1'60485. 2011 60565 & 2Oli-6O4k|` DRDCT) ut the southwest corner ofo remainder portion of said Speedway Tract 3 and the southeast corner of remainder portion of tract of land as described in deed to AMT Property Development, LLC,, recorded in Volume 5137' Page 1358. DR]}CT, from which u B8" rebar with an aluminum highway cap found bears M 89"j6'59" VV. 33.67 feet, and uformor southwest corner o[said ID| | i9,938 tract bore S00"|8'|8'' E, 109.92 feet; Tbcooe N0u°)8'|8'' W. dnpunin�the no�bline nf said State Higb`voyNo. )y4' o|ong the west line ofsaid Speedway Tract 3 and the east line of said /\K4T tract, u distance of244J8 feet; Thence departing rhcous� line o�saidA��Tn�u,. traversing across said Speedway Tract ] and said lD|, Inc, tract,as follows: N 22"59'00" £~ u distance of 75.45 h:ec to the point Of Curvature of curve to the left, having a radius of 484.00 feet; . Nuxheusterly, along said curve, having central angle of2]"l7[X". uo arc distance of 196.73 feet, and a chord that bears N 1]"20'2}'' E. )95.37 feet|o the point oftan-enoy; NO0°|Ji8" W, a distance of35.5ifeet; Ordinance No. 2lO60-|2-20Q Page 2of5 S 89'41'42^ W( u distance of8;26 feet mthe west line ofsaid Speedway Tract 3 and the east line ofsaid AMT tract; . Thence NO0"|8'|8" x, u|ou�the west line o[said Speedway Tmc } aod the �mrline nfa�dA��Tuoo� u distance of 339.85 feet to u 5/8^ rehar in concrete found at the northeast comer of said AMT tract and a reentrant corner of said Speedway Tract 3DCTR&CT3; Thence 8V°4}'42" VV, along the north |ioc of said AMT tract and usouth line of said Speedway Tract 3. uta distance of6602O feet passing x |/2'' rnhoc capped Goodwin Jt Marshall set ar the northwest corner of said AMT tract and on angle point in the east line of Three Wide Drive, continuing a total distance of 665.94 feet to a point of curvature in the east line of said Three Wide Drive and the most westerly Southwest corner o[said Speedway Tract 3; Thence along the east line u[said Three Wide Drive(Lot |, Block/\, a68` wide private road per 2009'3|. Plat Records, Denton County, Texux). asfollows: Northvnumdy, along non �un��n�cvrv� �o the |�8. havin�omdius poiot that bears 8 8|°\5'24" VV, 53000 feet, a central angle of08"|O`5]", an arc distance of 75.68 G:eL, and ochord that bears 12"50'82'` VY. 7561 feet to the end ofsuidcurve; N |6°55'28" VV`204,39feet; Thence N 00"50`|T` VV' traversing across said Speedway Tract 3 and said lDl 119.928 uopo trao|, u distance of4864} feet to u |/2^ rchmrfound ura reentrant corner of said IUl 119938 uoro tract and the Southwest corner ofo 9.723 uon: tract o[land as described in decd to Industrial Developments International (Texas), L.P. (hereafter referred to u lDl 9.723 acre tract), recorded in 2008'57463.DADCT; Thence N89"50'0V" E. along u reentrant line uf said \D/ | |Y938 acre tract and the south line of said lD| 0J23 acre tract, a distanc e of |2|2.3D u:ot to u |/2" n:har found at the southeast corner of said ]Dl 9.723 acre tract, the most easterly northeast corner of said |U| 119,938 000: tract, and an uug!c point in the west |incof Lot J. Block | of the final plat of Lot 2Rand Lot 3, Block \. One |4 Subdivision, mnaddition to Denton County. Texas an recorded in Cabinet H, S|@n 177. Plat, Records, Denton County, Texas, from which |/2'' rohur found ut the northwest corner of said Lot 3. Block | bears N00"V|'5O^ E. |527.5| feet (Plat 1527.59 feet); Thence S 08'24'13" E~ ukon8tho east /im: of said |Dl 119.998 acre tract and the west line of said Lo, 3. Block |, ma distance of66l.45 feet passing the northeast comer ofsaid [Dl. Inc. tract, continuing atotal distance mf/6332| feet No point iu the north line o[said State Highway No. 114 at the Southeast comer of u remainder portion of said |Dl. Inc. tract, from which the former noutheout onrner of said lDL Inc. tract and said ID] | )9g38 acre tract bore 888=24`i3"E` l09�5l feet; Thence S89"56'5V'' E. along the existing north ri8h+of-*ay line of said State Highway No. \ \4. udistance of 494.7 feet to o point, being the southeast corner uf Lot 3. Block i, One 14 Subdivision, an addition to Denton County,Texas uo recorded in Cabinet 8. Slide /77' Plat, Records, Denton County, Texuo� Thence 800"24')3'' E' departing the existing north dght-of-wuy line of said State Highway No. 114, along the east line of said State of Texas Parcel 22C. udistannnof |O9.5| feet (State deed |O9.57 feet) ,oupoint in the former north ri8ht-of-`vuy line oy said State Highway No. ||4ut the Southeast comer of said State of Texas Parcel 22C; Thence West, ukm� d`ofbnncrno�6ri�b�o�*uy |��o[su�d8m� ��hwuyNo. | |4` adis�noco[97O.04 feet to the southwest corner ofsaid State of Texas Parcel 22A; Ordinance No. 2lO60-l2'20|3 Pu�eJ of Thence N 00°18'18" W, departing the fortner north right-of-way line of said State Highway No. 114, along the west line of said State of Texas Parcel 22A, a distance of 109.92 feet(State deed I 10,0 1 feet)feet to the Point oj'Beginning and containing approximately 32.3 acres oj'land. 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 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 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 severabte, 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. Ordinance No.21060-12-2013 Page 4 of 5 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 Subsectiou 52.013. SECTION 8. That this ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: OY� Kay J. -i Se,( etary Assistant City Attorney ary Y Adopted: December 10, 2013 Eff�-ctive.- Ordinance No. 2 1 060-1 2-20 1 3 Page 5 of 5