HomeMy WebLinkAboutOrdinance 17157-09-2006ORDINANCE NO 17157-09-2006
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 SEVERASILITY 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-06-189 200.0 Ac. +/ 3600 Wichita Street
Zoning Change.
From. `C/DD Medium Density Multi-Family ResidentiaUDemolition Delay
To `PD/SU/DD Planned Development/Specific Use/Demolition Delay for all
uses in `E" Neighborhood Commercial, the following uses are excluded.
Stealth communications tower Telecommunications tower Amusement
outdoor Tattoo parlor Taxidermist shop, Liquor package store, Sexually
oriented business, Hotel or Motel The sale of liquor is restricted from all
structures with the exception of (1) restaurants and (2) grocery stores exceeding
20,000 square feet in size. Convenience stores may be allowed to sell beer and
wine only if the sale of gasoline is offered at such stores. In addition, no high
alcohol content or fort fed wines and/or beverages such as malt liquors or non
table wines may be sold and no smoking paraphernalia specifically including
pipes, roach clips and rolling paper
Signage: A maximum of two marquee pole signs will be allowed, placed
generally at the eastern and western corners of the track These marquee pole
signs shall not exceed forty-five feet in height. Project identification signage
will be allowed within the overall height of forty-five feet. Individual store
signage shall be restricted to a maximum height of thirty feed Individual platted
lots shall use monument signs only per the City sign ordinance. All other
requirements of the City sign ordinance shall apply.
ZC-06-189 Continued
Landscaping: All parking areas are to be significantly screened from public
view to include but not limited to earthen berms, evergreen hedgerows,
evergreen trees or any combination thereof Average height of screening wall
shall be thirty inches upon installation. All landscaped areas will be irrigated.
Square Footage• Any structure may be up to but shall not exceed 220,000
square feet.
Height: Maximum height may be up to but not exceed sixty feet.
Loading Zones. Loading shall be substantially screened from public when
possible.
Site Plan required.
Description.
Tract 1. 62.52 Ac. +/
BEING 62 52 acres of land situated in the J Justice Survey Abstract No 859 and
the R. R. Ramey Survey Abstract No 1342, m the Crty of Fort Worth, Tarrant
County Texas, said tract being part of Lot 1 Block 1 Masonic Home and School
Addition, an addition to the Crty of Fort Worth as recorded m Volume 388-102,
Page 30 m the Plat Records of Tarrant County Texas, said tract being more
particularly described as follows
BEGINNING at a 5/8" iron rod with a cap stamped `Cheatham - 2346" found for
the northwest corner of said Lot 1 Block 1 Masonic Home and School Addition,
at the intersection of the south right-of way line of East Berry Street (80 R.O W )
and the east right-of way line of Mitchell Boulevard (100 R.O W )
THENCE North 89° 20 53 East, along the south right-of way of said East Berry
Street a distance of 987.20 feet to a Crty of Fort Worth Monument 6128 found for
an angle corner of the herein described tract;
THENCE North 89° 41 53 East, continuing along the south right-of way of said
East Berry Street a distance of 762 90 feet to a 3/8" iron rod (bent) found for an
angle corner of the herein described tract;
THENCE South 86° 17 07" East, continuing along the south right-of way of said
East Berry Street a distance of 200 00 feet to a 5/8" iron rod with a cap stamped
`Cheatham - 2346" found for an angle corner of the herein described tract;
THENCE North 89° 43 24 East, continuing along the south right-of way of said
East Berry Street a distance of 700 59 feet to a 1/2 iron rod found for the
ZC-06-189 Continued
northeast corner of aforesaid Lot 1 Block 1 Masonic Home and School Addition,
said point being at the intersection of the south right-of way line of said East
Berry Street and the southwest right-of way line of Vaughn Boulevard (R.O W
Varies)
THENCE South 28 17' 07" East, along the southwest right-of way line of said
Vaughn Boulevard a distance of 295 50 feet to a 5/8" iron rod with a cap stamped
`Cheatham - 2346" found for an angle corner of the herein described tract;
THENCE South 35° 45 07" East, continuing along the southwest right-of way
line of said Vaughn Boulevard a distance of 200 00 feet to a 5/8 iron rod with a
cap stamped `Cheatham - 2346" found for an angle corner of the herein described
tract;
THENCE South 28° 27 07" East, continuing along the southwest right-of way
line of said Vaughn Boulevard a distance of 327 40 feet to a 5/8" iron rod with a
cap stamped `Cheatham - 2346" found for the beginning of a curve to the right, a
radius of 230 00 feet and a chord that bears South 06° 53 O1 East, a distance of
164 53 feet:
THENCE m a southeasterly direction along said curve to the right and continuing
along the southwest right-of way line of said Vaughn Boulevard, through a
central angle of 41 54 53 an arc distance of 168.26 feet to a 1/2 iron rod
found for the southeast corner of the herein described tract, said point being in the
west right-of way line of Wichita Street (R.O W Varies)
THENCE North 86° 10 26 West, departing the west right-of way line of said
Wichita Street a distance of 965 40 feet to a 5/8" iron rod with a cap stamped
`PATE" set for an angle corner of the herein described tract;
THENCE South 80° 27' 34 West, a distance of 105 42 feet to a 5/8" iron rod
with a cap stamped `PATE" set for an angle corner of the herein described tract;
THENCE South 09° 35 49" East, a distance of 149.28 feet to a 5/8" iron rod with
a cap stamped `PATE" set for an angle corner of the herein described tract;
THENCE South 89° 18 36 West, passing at a distance of 1604 54 feet a 5/8"
iron rod with a cap stamped `Cheatham - 2346" found for the northeast corner of
the 6 acre tract conveyed to Fort Worth Independent School District, recorded in
Volume 2547 Page 198 in the Deed Records of Tarrant County Texas,
continuing along the north line of said 6 acre tract for a total distance of 2026 64
feet to a 5/8" iron rod with a cap stamped `Cheatham - 2346" found for the
northwest corner of said 6 acre tract, said point being m the east right-of way line
of aforesaid Mitchell Boulevard,
ZC-06-189 Continued
THENCE North 00° 48 21 West, along the east right-of way line of said
Mitchell Boulevard a distance of 992 80 feet to the POINT OF BEGINNING of
the herein described tract and containing 62.52 acres of land, more or less.
From `C/DD Medium Density Multi-Family Residential/Demolition Delay
To `PD/SU/DD 'Planned Development/Specific Use/Demolition Delay, for all
uses in A S" One-Family Residentia!/Demolition Delay with a portion of the
single family residential tract, will include a restricted use buffer area, so that
an unoccupied open space is established within six hundred feet of any gas well
head. Site Plan waived.
Tract 2. 106.60 Ac.+/
BEING 106 6 acres of land situated in the J Justice Survey Abstract No 859 and
the R. R. Ramey Survey Abstract No 1342, in the City of Fort Worth, Tarrant
County Texas, said tract being part of Lot 1 Block 1 Masonic Home and School
Addition, an addition to the City of Fort Worth, as recorded m Volume 388-102,
Page 30 in the Plat Records of Tarrant County Texas, said tract being more
particularly described as follows
BEGINNING at a 5/8" iron rod with a cap stamped `Cheatham - 2346" found for
an angle corner of said Lot 1 Block 1 Masonic Home and School Addition, said
point being the northeast corner of that 6 acre tract conveyed to Fort Worth
Independent School District, as recorded in Volume 2547 Page 198 in the Deed
Records of Tarrant County Texas,
THENCE North 89° 18 36 East, a distance of 1604 54 feet to a 5/8" iron rod
with a cap stamped `PATE" set for the most northerly northeast corner of the
herein described tract;
THENCE South 09° 35 49" East, a distance of 36 11 feet to a 5/8" iron rod with
a cap stamped `PATE" set for an angle corner of the herein described tract;
THENCE South 39° 39 31 East, a distance of 139 63 feet to a 5/8" iron rod with
a cap stamped `PATE" set for an angle corner of the herein described tract;
THENCE South 09° 50 17" East, a distance of 886 87 feet to a 5/8" iron rod with
a cap stamped `PATE" set for an angle corner of the herein described tract;
THENCE South 70° 10 11 East, a distance of 411.33 feet to a 5/8" iron rod with
a cap stamped `PATE" set for the most easterly northeast corner of the herein
ZC-06-189 Continued
described tract, said point being in the west right-of way line of Wichita Street
(R.O W Varies)
THENCE South 07° 08 21 West, along the west right-of way line of said
Wichita Street a distance of 232.50 feet to a 5/8" iron rod with a cap stamped
`Cheatham - 2346" found for the beginning of a curve to the left, having a radius
of 651 40 feet and a chord that bears South 03 11 20" West, a distance of 78 95
feet;
THENCE m a southwesterly direction along said curve to the left, continuing
along the west right-of way line of said Wichita Street, through a central angle of
06° 56 55" an arc distance of 79 00 feet to a 5/8" iron rod found for corner
THENCE South 00° 17' 07" East, continuing along the west right-of way line of
said Wichita Street a distance of 489 10 feet to a 5/8" iron rod with a cap stamped
`Cheatham - 2346" found for an angle corner of the herein described tract;
THENCE South 00° 42 07" East, continuing along the west right-of way line of
said Wichita Street a distance of 310 90 feet to a 5/8" iron rod with a cap stamped
`Cheatham - 2346" found for the southeast corner of aforesaid Lot 1 Block 1
Masonic Home and School Addition, common to the northeast corner of Glen
Garden, an addition to the Crty of Fort Worth, recorded in Volume 388-1 Page
397 in the Plat Records of Tarrant County Texas,
THENCE South 89° 38 53 West, along the south line of said Lot 1 Block 1
Masonic Home and School Addition, common to the north line of said Glen
Garden, a distance of 1914 98 feet to a 5/8" iron rod with a cap stamped `PATE"
set for an angle corner of the herein described tract;
THENCE North 00° 32 22 West, a distance of 875 94 feet to a 5/8 iron rod
with a cap stamped `PATE" set for an angle corner of the herein described tract;
THENCE South 89° 27' 38 West, a distance of 198 53 feet to a 5/8 iron rod
with a cap stamped `PATE" set for the beginning of a curve to the right, having a
radius of 300 00 feet and a chord that bears South 89° 27 38" West, a distance of
293 12 feet;
THENCE in a southwesterly direction along said curve to the right, through a
central angle of 58 29 18" an arc distance of 306.24 feet to a 5/8 iron rod
found for corner
THENCE South 89° 27' 38 West, a distance of 148 55 feet to a 5/8" iron rod
with a cap stamped `PATE" set for an angle corner of the herein described tract;
ZC-06-189 Continued
THENCE South 00° 11 37" East, a distance of 175 71 feet to a 5/8" iron rod with
a cap stamped `PATE" set for the beginning of a curve to the left, having a radius
of 1036.30 feet and a chord that bears South 19° 23 09 East, a distance of
675 04 feet;
THENCE along said curve to the left, through a central angle of 38 00 56" an
arc distance of 687 58 feet to a 5/8" iron rod with a cap stamped `PATE" set for
corner
THENCE South 89° 38 53 West, a distance of 74 95 feet to a 5/8" iron rod with
a cap stamped `PATE" set for corner m east right-of way line of Mitchell
Boulevard (100 R.O W ), said point being m a curve to the right, having a radius
of 1096.30 feet and a chord that bears North 18° 10 34 West a distance of
670.38 feet;
THENCE in a northwesterly direction along said curve to the right and along the
east right-of way line of said Mitchell Boulevard, through a central angle of 35
36 22 an arc distance of 681.29 feet to a Crty of Fort Worth Monument 5888
found for corner
THENCE North 00° 11 37" West, continuing along the east right-of way line of
said Mitchell Boulevard a distance of 940 30 feet to a PK Nail found for an angle
corner of aforesaid Lot 1 Block 1 Masonic Home and School Addition, said
point being the southwest corner of said 6 acre tract;
THENCE North 89° 18 36 East, leaving the east line of said Mitchell Boulevard
and along the south line of said 6 acre tract a distance of 422.10 feet to a 5/8" iron
rod with a cap stamped `Cheatham - 2346" found for an angle corner of aforesaid
Lot 1 Block 1 Masonic Home and School Addition, said point being the
southeast corner of said 6 acre tract;
THENCE North 00° 39 24 West, along the east line of said 6 acre tract a
distance of 619.20 feet to the POINT OF BEGINNING of the herein described
tract and containing 106.6 acres of land, more or less.
From `C/DD Medium Density Multi-Family ResidentiaUDemolition Delay
To `PD/SU/DD Planned Development/Specific Use/Demolition Delay, for all
uses in `C F" Community Facilities. The maximum height of any structure
may be up to but shall not exceed seventy-five feet. Tower structures or steeples
may exceed this height as per Ciry ordinance. Site Plan waived.
ZC-06-i89 Continued
Tract 3 19.35 Ac. +/
BEING 19.35 acres of land situated m the J Justice Survey Abstract No 859 and
the R. R. Ramey Survey Abstract No 1342, m the Crty of Fort Worth, Tarrant
County Texas, said tract being part of Lot 1 Block 1 Masonic Home and School
Addition, an addition to the Crty of Fort Worth, as recorded m Volume 388-102,
Page 30 in the Plat Records of Tarrant County Texas, said tract being more
particularly described as follows.
BEGINNING at a 1/2" iron rod found for an angle corner of said Lot 1 Block 1
Masonic Home and School Addition, in the west right-of way line of Wichita
Street (a variable R.O W )
THENCE South 13 31 53 West, along the west right-of way line of said
Wichita Street a distance of 167 00 feet to a 5/8" iron rod with a cap stamped
`Cheatham - 2346" found for corner said point being the beginning of a curve to
the right having a radius of 490 00 feet and a chord that bears South 19°43 44
West a distance of 105 79 feet;
THENCE m a southwesterly direction along said curve to the right and continuing
along the west line of said Wichita Street, through a central angle of 12°23 39" an
arc distance 106 00 to a 5/8" iron rod with a cap stamped `PATE" set for corner
THENCE South 25 55 53 West, continuing along the west right-of way line of
said Wichita Street a distance of 315 60 feet to a 5/8" iron rod with a cap stamped
`Cheatham - 2346" found for corner said point being the beginning of a curve to
the left having a radius of 2313 60 feet and a chord that bears South 22°07 13
West a distance of 307 57 feet;
THENCE in a southwesterly direction, along said curve to the left and continuing
along the west right-of way line of said Wichita Street, through a central angle of
07°37'21 an arc distance of 307 80 feet to a 5/8" iron rod with a cap stamped
`Cheatham 2346" found for corner
THENCE South 16° 44 53 West, continuing along the west right-of way line of
said Wichita Street a distance of 25 90 feet to a 5/8" iron rod with a cap stamped
`Cheatham - 2346" found for corner said point being the beginning of a curve to
the left having a radius of 937 60 feet and a chord that bears South 14 46 25
West a distance of 167 18 feet;
THENCE m a southwesterly direction, along said curve to the left and continuing
along the west right-of way line of said Wichita Street, through a central angle of
10° 13 48 an arc distance of 167 40 feet to a 5/8" iron rod with a cap stamped
`Cheatham 2346" found for corner
ZC-06-189 Continued
THENCE South 07° 08 21 West, continuing along the west right-of way line of
said Wichita Street a distance of 241 43 feet to a 5/8" iron rod with a cap stamped
`PATE" set for the southeast corner of the herein described tract;
THENCE North 70° 10 11 West, leaving the west right-of way line of said
Wichita Street a distance of 411.33 feet to a 5/8" iron rod with a cap stamped
`PATE" set for the southwest corner of the herein described tract;
THENCE North 09° 50 17" West, a distance of 886 87 feet to a 5/8 iron rod
with a cap stamped `PATE" set for corner
THENCE North 39° 39 31 West, a distance of 139 63 feet to a 5/8" iron rod
with a cap stamped `PATE" set for an angle corner of the herein described tract;
THENCE North 09° 35 49" West, a distance of 185 39 feet to a 5/8" iron rod
with a cap stamped `PATE" set for the northwest corner of the herein described
tract;
THENCE North 80° 27 34 East, a distance of 105 42 feet to a 5/8" iron rod with
a cap stamped `PATE" set for an angle corner of the herein described tract;
THENCE South 86° 10 26" East, a distance of 965 40 feet to the POINT OF
BEGINNING of the herein described tract and containing 19.35 acres of land,
more or less.
Zoning Change.
From `C/DD Medium Density Multi-Family ResidentiaUDemolition Delay
To A S/DD One-Family ResidentiallDemolition Delay
Tract 4 11.47 Ac. +/
BEING 11 47 acres of land situated m the J Justice Survey Abstract No. 859 and
the R. R. Ramey Survey Abstract No 1342, in the Crty of Fort Worth, Tarrant
County Texas, said tract being part of Lot 1 Block 1 Masomc Home and School
Addition, an addition to the Crty of Fort Worth, as recorded m Volume 388-102,
Page 30 m the Plat Records of Tarrant County Texas, said tract being more
particularly described as follows
COMMENCING at a 5/8" iron rod with a cap stamped `Cheatham - 2346" found
m the west right-of way line of Wichita Street (a variable R.O W ), said point
ZC-06-189 Continued
being the southeast corner of aforesaid Lot 1 Block 1 Masonic Home and School
Addition and the northeast corner of Glen Garden, an addition to the Crty of Fort
Worth, recorded in Volume 388-1 Page 397 m the Plat Records of Tarrant
County Texas
THENCE South 89° 38 53 West, leaving the west line of said Wichita Street
and along the south line of said Lot 1 Block 1 Masonic Home and School
Addition and the north line of said Glen Garden, a distance of 1914 98 feet to the
POINT of BEGINNING•
THENCE South 89° 38 53 West, continuing along the south line of said Lot 1
Block 1 Masonic Home and School Addition and the north line of said Glen
Garden, a distance of 452 14 feet to the southwest corner of aforesaid Lot 1
Block 1 Masonic Home and School Addition, said point being m the east right
of way line of Mitchell Boulevard (100 foot R.O W ), said point being m a curve
to the right having a radius of 1096.30 feet and a chord that bears North
37°57 31 West a distance of 75 74 feet;
THENCE in a northwesterly direction, along said curve to the right and the east
line of said Mitchell Boulevard through a central angle of 03 57'32" an arc
distance of 75 75 feet to a 5/8" iron rod with a cap stamped `PATE" set for
corner
THENCE North 89° 38 53 East, leaving the east line of said Mitchell Boulevard
a distance of 74 95 feet to a 5/8" iron rod with a cap stamped `PATE" set for
corner said point being m a curve to the nght having a radius of 1036.30 feet and
a chord that bears North 19°23 09" West a distance of 675 04 feet;
THENCE m a northwesterly direction, along said curve to the right through a
central angle of 38 00 56" an arc distance of 687 58 feet to a 5/8" iron rod with
a cap stamped `PATE" set for corner
THENCE North 00° 11 37" West, a distance of 175 71 feet to a 5/8 iron rod
with a cap stamped `PATE" set for corner
THENCE North 89° 27 38 East, a distance of 148 55 feet to a 5/8" iron rod with
a cap stamped `PATE" set for corner said point being m a curve to the left
having a radius of 300 00 feet and a chord that bears North 89° 27' 38 East a
distance of 293 12 feet;
THENCE in a northeasterly direction along said curve to the left through a central
angle of 58 29 18" an arc distance of 306.24 feet to a 5/8" iron rod with a cap
stamped `PATE" set for corner
ZC-06-189 Continued
THENCE North 89° 27 38 East, a distance of 198 53 feet to a 5/8" iron rod with
a cap stamped `PATE" set for the northeast corner of the herein described tract;
THENCE South 00° 32 22 East, a distance of 875 94 feet to the POINT OF
BEGINNING of the herein described tract and containing 1147 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 rts peculiar surtabilrty 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 Crty 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 m direct conflict with the provisions of this
ordinance
SECTION 4
That all rights or remedies of the Crty 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 cnmmal, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 5.
It is hereby declared to be the intention of the Crty 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 ~unsdiction, 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 ($2000 00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense
SECTION 7
That the Crty Secretary of the Crty of Fort Worth, Texas is hereby directed to publish this
ordinance for two (2) days in the official newspaper of the Crty 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
ssistant Crt orney
Adopted. ~~ 1?~~C~
Effective ~~~G ~ V o