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HomeMy WebLinkAboutOrdinance 21378-08-2014 i i ORDINANCE NO. 21378-08-2014 ; i 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 j AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS I 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. f BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: SECTION 1. j 0 ZC-14-029 14400-17000 blocks SH 114 493.52 acres Zoning Change: From: Unzoned To: "G"Intensive Commercial Description: 14.58 acres I Being a tract of land situated in the Charles Tydings Survey, Abstract No. 1276, Denton County, Texas, and being part of that tract of land conveyed to Clark W. McKelvey, LP according to document filed for recorded in Document Number 97-0064670, Deed Records, Denton County, Texas and being more particularly described as follows: i Beginning at a point in the common south line of State Highway 114, a variable width right-of-way, and I north line of said Clark W. McKelvey, LP tract, said point being the northeast corner of said Clark W. McKelvey,LP tract; I Thence South 00 degrees 06 minutes 12 seconds East, leaving said common line, a distance of 337.10 feet to a point for comer; I Thence North 78 degrees 57 minutes 40 seconds West,a distance of 155.71 feet to a point for comer at the I beginning of a curve to the left having a central angle of 11 degrees 42 minutes 22 seconds, a radius of 2,136.36 feet and a chord bearing and distance of North 84 degrees 48 minutes 51 seconds West, 435.72 feet; Thence Westerly,with said curve to the left,an arc distance of 43 6.3 8 feet to a point for comer; Thence South 89 degrees 48 minutes 57 seconds West, a distance of 1,298.85 feet to a point for corner; j Ordinance No.21378-08-2014 Page 1 of 5 i i i iThence North 00 degrees 11 minutes 03 seconds West, a distance of 342.76 feet to a point in the above mentioned common south line for corner; i i Thence South 89 degrees 46 minutes 10 seconds East,with said common line,a distance of 1,298.96 feet to a point for corner at the beginning of a curve to the right having a central angle of 12 degrees 02 minutes 53 seconds, a radius of 2,814.79 feet and a chord bearing and distance of South 83 degrees 38 minutes 20 seconds East,590.79 feet; Thence Easterly, continuing with said common line and said curve to the right, an arc distance of 591.88 j feet to the Point of Beginning and containing 14.583 acres of land,more or less. E I Zoning Change: I From: Unzoned To: "D"High Density Multifamily Description: 18.95 acres Being a tract of land situated in the Charles Tydings Survey, Abstract N0. 1276, Denton County, Texas, and being part of that tract of land conveyed to Clark W. McKelvey, Lp according to document filed for recorded in Document Number 97-0064670, Deed Records, Denton County, Texas and being more particularly described as follows: Commencing at the TXDOT monument found in the south line of State Highway 114, a variable width ' right-of-way; Thence Easterly,with said south line,the following courses and distances: I South 89 degrees 48 minutes 50 seconds East, a distance of 539.25 feet to a 90D nail found for corner; South 89 degrees 46 minutes 10 seconds East, a distance of 197.15 feet for the Point of Beginning of the tract of land herein described; Thence South 89 degrees 46 minutes 10 seconds, with said south line, a distance of 901.03 feet to a point for corner; Thence South 00 degrees 11 minutes 03 seconds East, leaving said south line, a distance of 913.29 feet to a point for corner; i Thence South 89 degrees 52 minutes 21 seconds West,a distance of 901.92 feet to a point for corner; I Thence North 00 degrees 07 minutes 39 seconds West, a distance of 918.92 feet to the Point of Beginning i and containing 18.959 acres of land,more or less. Zoning Change: From: Unzoned To: "A-5"One-Family I Description: 459.99 acres Being a tract of land situated in the L.A. Butler Survey,Abstract No. 64, John F. Day Survey,Abstract No. 384, A.M. King Survey, Abstract No. 710, C. Perry Survey, Abstract No. 1031, W. Sample Survey, f Abstract No. 1207, and Charles Tydings Survey,Abstract No. 1276, Denton County, Texas, and being part of tract of land conveyed to Clark W. McKelvey, LP, according to document filed for record in Document Number 97-0064670, and that tract of land conveyed to M.T. Cole Family Partnership #2, according to document filed for record in Document Number 2009-102749, Deed Records, Denton County, Texas and being more particularly described as follows: Ordinance No.21378-08-2014 Page 2 of 5 i J I Beginning at a TXDOT monument found in the intersection of the south line of State Highway 114, a variable width right-of-way, and east line of B.N. & S.F. Railroad, a variable width right-of--way, for the I northwest corner of the this tract; Thence Easterly,with the said south line,the following six(6)courses and distances: a North 88 degrees 02 minutes 41 seconds East, a distance of 290.03 feet to a metal fence post marker found j for corner; I North 88 degrees 03 minutes 34 seconds East, a distance of 1021.40 feet to a TXDOT monument found for corner; North 82 degrees 37 minutes 01 seconds East, a distance of 202.78 feet to a TXDOT monument found for j corner; South 89 degrees 48 minutes 50 seconds East,a distance of 539.25 feet to a 90D nail found for corner; South 89 degrees 46 minutes 10 seconds East, a distance of 197.15 feet to a point for corner; Thence Southwesterly, leaving the above mentioned south line, over and across said tract, the following three(3)courses and distances: j I f South 00 degrees 07 minutes 39 seconds East,a distance of 918.92 feet to a point for corner; North 89 degrees 52 minutes 21 seconds East, a distance of 901.92 feet to a point for corner; South 00 degrees 11 minutes 03 seconds East,a distance of 5,067.53 feet to a point for corner; j Thence Northwesterly,with the approximately center line of Elizabeth Creek,the following thirty-four(34) courses and distances: South 67 degrees 01 minutes 59 seconds West, a distance of 174.71 feet to a point for corner; North 80 degrees 48 minutes 56 seconds West,a distance of 175.36 feet to a point for corner; South 29 degrees 10 minutes 04 seconds West, a distance of 163.71 feet to a point for corner; South 77 degrees 13 minutes 18 seconds West,a distance of 487.75 feet to a point for corner; North 75 degrees 35 minutes 20 seconds West,a distance of 572.39 feet to a point for corner; North 61 degrees 35 minutes 56 seconds West, a distance of 253.36 feet to a point for corner; i North 28 degrees 47 minutes 25 seconds West, a distance of 363.84 feet to a point for corner; North 05 degrees 50 minutes 01 seconds East,a distance of 98.25 feet to a point for corner; North 10 degrees 51 minutes 55 seconds West,a distance of 217.01 feet to a point for corner; North 42 degrees 51 minutes 37 seconds East,a distance of 280.44 feet to a point for corner; North 13 degrees 51 minutes 54 seconds East, a distance of 158.68 feet to a point for corner; North 14 degrees 16 minutes 36 seconds West,a distance of 227.09 feet to a point for corner; North 65 degrees 10 minutes 27 seconds West,a distance of 526.29 feet to a point for corner; North 57 degrees 05 minutes 37 seconds West,a distance of 353.97 feet to a point for corner; f North 38 degrees 06 minutes 06 seconds West, a distance of 346.38 feet to a point for corner; South 89 degrees 37 minutes 22 seconds West, a distance of 257.30 feet to a point for corner; North 38 degrees 31 minutes 04 seconds West, a distance of 158.48 feet to a point for corner; North 15 degrees 47 minutes 53 seconds West,a distance of 370.29 feet to a point for corner; North 63 degrees 29 minutes 07 seconds West,a distance of 146.73 feet to a point for corner; , South 78 degrees 14 minutes 25 seconds West, a distance of 166.63 feet to a point for corner; North 76 degrees 16 minutes 28 seconds West, a distance of 216.63 feet to a point for corner; North 60 degrees 56 minutes 48 seconds West,a distance of 304.68 feet to a point for corner; North 42 degrees 14 minutes 03 seconds West,a distance of 179.01 feet to a point for corner; North 17 degrees 51 minutes 00 seconds East,a distance of 268.74 feet to a point for corner; I North 55 degrees 34 minutes 08 seconds West,a distance of 178.75 feet to a point for corner; North 80 degrees 07 minutes 19 seconds West, a distance of 198.03 feet to a point for corner; North 68 degrees 45 minutes 43 seconds West, a distance of 193.54 feet to a point for corner; North 46 degrees 12 minutes 30 seconds West, a distance of 204.55 feet to a point for corner; North 83 degrees 28 minutes 23 seconds West,a distance of 272.02 feet to a point for corner; Ordinance No.21378-08-2014 Page 3 of 5 i South 65 degrees 25 minutes 36 seconds West,a distance of 67.90 feet to a point for comer; South 13 degrees 24 minutes 59 seconds West,a distance of 69.76 feet to a point for corner; South 43 degrees 26 minutes 03 seconds West,a distance of 109.14 feet to a point for corner; South 87 degrees 42 minutes 36 seconds West, a distance of 136.06 feet to a point for comer; North 58 degrees 33 minutes 25 seconds West, a distance of 425.98 feet to a point for comer in the above mentioned east line of B.N& S.F.Railroad at the beginning of a curve to the right having a central angle of 02 degrees 09 minutes 09 seconds, a radius of 2,714.93 feet and a chord bearing and distance of North 43 degrees 22 minutes 09 seconds East, 101.99 feet; Thence Northeasterly,with said east line,the following six(6)courses and distances: With said curve to the right, an arc distance of 101.99 feet to a point for comer; North 44 degrees 28 minutes 23 seconds East, a distance of 1545.92 feet to a point for comer; i North 45 degrees 06 minutes 23 seconds West,a distance of 50.09 feet to a point for corner; f North 44 degrees 28 minutes 21 seconds East,a distance of 400.05 feet to a point for corner; North 48 degrees 03 minutes 37 seconds West,a distance of 24.98 feet to a point for corner; North 44 degrees 30 minutes 18 seconds East, a distance of 1426.69 feet to Point of Beginning and j containing 459.995 acres of land,more or less. i I ZC-14-084 2501 Ephriham & 2404 NW 25th Street 0.46 acres f Zoning Change: � From: "A-5"One-Family and 'E"Neighborhood Commercial j To: "PD/E"Planned Development for all uses in "E"Neighborhood Commercial plus auto repair, sales, and outside tire display with fence in the front yard and 9 foot screeningfence;site plan approved and attached as Exhibit "A': i Description: Rosen Heights Second Filing,Block 38,Lots 22,23 & 24 i SECTION 2. i 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. I 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 1 provisions of this ordinance. r Ordinance No.21378-08-2014 i Page 4 of 5 I I s i SECTION 4. I 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. I r SECTION 5. I 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 j 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. I i 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 j day that a violation is permitted to exist shall constitute a separate offense. I 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. i SECTION 8. That this ordinance shall take effect upon adoption and publication as required by law. i APPROVED AS TO FORM AND LEGALITY: ATTEST: l Assistant City Attorney Nfary J. , se , City ecretary i Adopted: August 12, 2014 Effective: �f' ®f i Ordinance No. 21378-08-2014 Page 5 of 5 i V RACY PDX• r-�� X.M I } IN rsPlu ,� 4' ou aaac, m �td t.i ; V I\ i1 � o�IN� 2404 1 q p ROSEN HEIGh SLK 3BLOT22 dConnie Gfi—y 2705 HadgaareY Or7ua O `; Qj 0 t wy;, ,LP. 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