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HomeMy WebLinkAboutOrdinance 12963ORDINANCE NO AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO 3011, 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 MAYBE 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 SECTION 1 That Ordinance No 3011, as amended, be and is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed, and amended as follows Z-96-087 BEING a tract of land situated in the Kitty House Survey, Abstract No 678, Tarrant County, Texas, and being two tracts of land as described by deed to Allen Tucker as recorded in Deed Volume 87.64, Page 1238 and Volume 8124, Page 1661, all of Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows BEGINNING at the south west corner of said tract as recorded in deed Volume 8764, Page 1238, said deed records, A 5/8 inch iron rod set in the north right-of-way line of Mosier Valley Road, N89°30'24" E, 482 43 feet from a found PK nail at the Northeast corner of house Anderson Road and Mosier Valley Road, THENCE N00°54'03" E, along the west lie of said tract 487 93 feet to a 5/8 inch iron rod, set in the south line of Sharon Hancock tract, as recorded in Deed Volume 9213, Page 647, said Deed Records, Z-96-088 (Continued) Views: • At maturity landscaping, berms will shield ground plane, and all but top 10-15 feet of the 40' silos from view in any direction • Interim storage materials will be visible from sides until plantings reach maturity, but will shield ground plane from view, much like street Berm • Rear view is shielded by existing grade change 10' and 15' high continuous Berm placed by City of Euless along adjacent golf course Currently, no plane of site is visible from fairway or wooded hill beyond • Addition of trees at rear property will shield all but top of cement silos placed at front of property Lighting: • Lights will be placed at 15' above ground around mill, batch plant and future building only It is anticipated that lights will be switched on only as needed • Landscape hedge will shield all view of lights on maturity Site plan required (11655 Mosier Valley Road) Z-97-013 Block 29, Lots 1 & 2, Chamberlain Arlington Heights Addition From "B" Two-Family to "PD/SU" Planned Development/Specific Use for office and internal file storage Site plan required (5901 Locke Avenue) Z-97-014 BEING a tract of land situated inthe Heirs of W W Thompson Survey, Abstract No 1498 and the Milly Gilbert Survey, Abstract No 565, Tarrant County, Texas and being a portion of that tract of land as described by deed to Fossil Park Joint Venture and recorded in Volume 11777, Page 1700, County Records, Tarrant County, Texas, said tract of land being more particularly described by metes and bounds as follows Z-97-014 (Continued) BEGINNING at the northeast corner of Phase I, Fossil Park Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide No 2438, said County Records, THENCE N 81°07'22"W, 400 55 feet, THENCE N 88°31'40"W, 80 00 feet, THENCE S 01°28'20"W, 150 95 feet, THENCE S 81 °07'22"E, 53 14 feet, THENCE S 08°52'38"W, 1 12 07 feet, THENCE S 79°27'02"E, 38 66 feet, THENCE S 10°32'57"W, 1 10 00 feet, THENCE N 79°27'03"W, 102 51 feet, THENCE S 00°10'39"W, 61 00 feet, THENCE S 79°27'03"E, 104 46 feet to the beginning of a curve to the right, THENCE 25 07 feet along the arc of said curve to the right through a central angle of 02°35'09", a radius of 555 56 feet and a long chord of S 78°09'28"E, 25 07 feet, THENCE S 10°32'57"W, 75 00 feet, THENCE N 79°27'03"W, 102 51 feet, THENCE N 84°31'08"W, 50 20 feet, THENCE N 79°27'03"W, 105 00 feet, THENCE S 10°32'57"W, 30 00 feet, THENCE N 79°27'03W, 330 27 feet, THENCE N 28°59' 10"E, 190 57 feet, Z-97-014 (Continued) THENCE N 01°28'20"E, 1109 37 feet, THENCE N 19°30'34"W, 160 20 feet, THENCE N 00°00'00"E, 152 00 feet, THENCE N 89°15' 1 1 "E, 767 07 feet, THENCE S 20°04'45"E, 264 11 feet, THENCE S 20°39'57"E, 429 58 feet; THENCE S 68°01'49"W, 102 59 feet, THENCE S 01°28'20"W, 378 28 feet, THENCE S13°56' 15"E, 140 20 feet to the POINT OF BEGINNING and containing 28 209 acres of land, more or less From "C" Multi-Family to "A" One-Family (7200 Block Old Denton Road) Z-97-015 BEING a tract of land situated in the Malley Gilbert Survey, Abstract No 565, Tarrant County, Texas and being a portion of that tract of land as described by deed to Fort Worth I-35W North, L.P and recorded in Volume 8061, Page 1627, County Records, Tarrant County, Texas, said tract of land being more particularly described by metes and bounds as follows COMMENCING at the northwest corner of said Fort Worth I-35W North, L P tract, said point being the intersection of the northerly line of said Milly Gilbert Survey and the easterly right-of-way line of Interstate Highway I-35W (variable width right-of-way) THENCE S 08°53'26"E, 281 27 feet along said easterly right-of-way line, THENCE S 05°12'49"W, 853 62 feet continuing along said easterly right- of-way line, THENCE S 10°07'16"E, 221 22 feet continuing along said easterly right- of-way line to the POINT OF BEGINNING, Z-97-015 (Continued) THENCE N 89°43'08"E, 1137 22 feet, leaving said easterly right-of-way line to a point in the easterly line of said Fort Worth I-35W North L P tract, the beginning of anon-tangent curve to the left, THENCE along the easterly, southerly and westerly line of said Fort Worth I-35W North, L P tract the following courses and distances 477 71 feet along the arc of said non-tangent curve to the left through a central angle of 52°09'49", a radius of 524 71 feet and a long chord of S 06°57' 14"W, 461 38 feet, S 19°07'41 "E, 345 19 feet, S 63°25'36"W, 90 69 feet to the beginning of anon-tangent curve to the right, 383 37 feet along the arc of said curve to the right through a central angle of 40°18'07", a radius of 545 03 feet and a long chord of S 83° 34'40"W, 375 52 feet; N 76°16' 17"W, 63 25 feet to the beginning of a curve to the left, 394 19 feet along the arc of said curve to the left through a central angle of 23°52'08", a radius of 946 24 feet and a long chord of N 88°12'21 "W, 391 35 feet, S 79°51'32"W, 136 58 feet to a point in the easterly right-of-way line of Interstate Highway I-35W, N 10°07' 16"W, 871 46 feet along said easterly right-of-way line to the POINT OF BEGINNING and containing 871,200 square feet or 20 0 acres of land, more or less From "I" Light Industrial to "C" Multi-Family (7300 I-35W North Freeway) Z-96-087 (Continued) THENCE S89°19'06" E, along the south line of said Hancock Tract 355 80 feet to a 5/8 inch iron rod set at the north east corner of said Tucker Tract, Volume 8124, Page 1661, THENCE S00°54'03" W; along the east line of said tract 487 93 feet to a 1/2 inch iron rod, found in the north right-of-way line of said Mosier Valley Road, THENCE N89°19'06" W, said right-of-way 355 80 feet to the POINT OF BEGINNING, containing 3 985 acres of land, more or less From "AG" Agriculture to "PD/SU" Planned Development/Specific Use for all uses in "E" plus Current Uses. • Wood chipping • Composting • Materials & Storage • Equipment Storage Future Planned Uses. • Corporate offices • Corporate fleet maintenance facilities • Corporate fleet body repair facility • Fuel tanks and dispensers • 100 ft. high communications tower with multiple antenna capacity Phase I Early 1997 • Plant 20' buffer landscape This will be a 15' high evergreen hedge upon maturity (approximately 10-15 years) • Plant berm in front yard • Build 6' high chain link fence around property • Erect monument sign at street frontage (6'x8' masonry with individual letters, face lit each side) see sketch attached • Temporary main office approximately 1000-1500 sq ft. • Install gravel/crushed stone drives and yard area Z-96-087 (Continued) Phase II Early 1997 • 10,000 gallon fuel tank expandable to 30,000 gallons and two fuel dispenser islands (above ground in concrete vault, approximately 15' wide 25' long, 8'-10' high as obligatory by tank manufacture and EPA requirements for fuel tank storage) • Begin construction of two story masonry office building (3,000 sq ft. total) with attached 3 bay vehicle maintenance facility and open air truck washing bay, constructed of finished metal siding, sectional overhead doors • Pave yard area. Phase III Late'97 -'98 • Possible future expansion of maintenance bays (up to 3,000 sq ft. additional, three bays sectional overhead doors, matching material) • Possible future body repair shop for Earth Haulers and Earth Materials' vehicles • Flag poles 50' high, lit at night. Phase IV (Future Growth As Needed) • Gate house 80 sq ft. masonry similar to office construction materials • 100 ft. communications tower with multiple antenna Operations. • Corporate office shall maintain standard daylight business hours • Vehicle maintenance will occur after hours while trucks are off duty Noise Abatement Procedures. Minimize the impact of trucks and other vehicles moving around late at night as follows • Greenscape evergreen buffer around site, Berm at street. • Keep bay doors closed • Placing all noise activities in center of site with quieter functions at edges • Mounting material storage at perimeter (Berm & office building at front) to absorb noises, shield adjacent property Z-96-087 (Continued) Dust/Dirt: Long term material storage will be irrigated as needed to maintain moisture content. Site plan required (11415-11425 Mosier Valley Road) Z-96-088 BEING a tract of land out of the Southwest portion of J W HAYNES SURVEY, A-786, BEGINNING at a fence corner in the North line of a public road 30 feet North and 303 6 feet 'East from the Southwest corner of said Haynes Survey; THENCE North with a fence line 469 7 feet to a point for corner in the Northwest corner; THENCE East and parallel to the said public road 278.2 feet to a point in the Northeast corner; THENCE South 469 7 feet to a point in the North line of said road to the Southeast corner and containing 3 0 acres of land From "AG" Agriculture to "PD/SU" Planned Development Specific/Use for all uses in "J" Light Industrial plus Current Uses. Vacant agriculture, with ongoing excavation of mined area and construction debris fill, construction materials storage with some agricultural use Proposed Use. • Pug mill for recycling of raw paving materials to cement treated base (CTB) material • Concrete batch plant for ready mix facility • 2 story operations building (450 sq ft.) to oversee batching/Pug mill facilities • Future 5000 sq ft. metal building for storage, offices, welding, maintenance • Onsite storage of materials for pug mill and cement batch plants Z-96-088 (Continued) Phase I Early 1997 • Landscape planting of evergreen seedlings (10-15 year maturity) • Berm • Monument Sign 6' x 8' masonry with face lit letters • Fence 6' high chain link • Build 6' high retaining wall at back property line plus materials storage areas • Gravel drives, traffic areas Phase II Late '97- Early '98 • Portable pug mill with possible 40' high cement silo, truck scales • Operations building (500 sq. ft. 2 story) • Irrigation system for material stock piles • Flag Poles 50' high, lit at night Phase 111 Late 1998 • Concrete batch plant (portable, possible 2/40' high silos} Phase IV (As needed for future growth) • 5,000 sq ft. metal shop/office/storage building • Replacement of portable batch plants and portable pug mill plants with permanent structures • Covered metal roof storage area (5,000 sq ft.) Dust: • Each plant has integral water sprays built in to comply with industry standards, and has dust reclamation equipment to minimize escaping dust from process • Each material storage area that has fine particles will be irrigated to maintain moisture content for process quality control • 20' landscape buffer all around serves as windbreak. Existing fill gravel on site is hardpacked with cement particles, additional cement mixed in gravel will further harden as water is applied Noise. • Earth/gravel/CTB storage mounds create Berm piles at edges of site Z-97-024 Block 1, Lots 11 & 12, Ryan Place Addition From "I" Light Industrial to "A" One-Family (2305-2309 8th Avenue) Z-97-025 BEING a 0 258 acre tract of land located in the A Smith Survey, Abstract No 1419, Tarrant County, Texas and being located within a 29 251 acre tract of land that is a portion of that certain tract described in Substitute Trustee's Deed, recorded in Volume 9315, Page 2139, Deed Records, Tarrant County, Texas Said 0 258 acre tract of land being described more particularly by the following metes and bounds COMMENCING at a point, said point bung a found 1/2 inch iron rod located in the south right-of-way line of Western Center Boulevard {variable width right-of-wav) and also located at the west corner of a corner clip, located in the west right-of-way line of Interstate Highway 35W (a variable width right-of-way1, THENCE South 48°36' 16" East, following along the said west line of Interstate Highway 35W, for a distance of 77 71 feet to a found highway monument, THENCE South 10°07'53" East, continuing along said west line, for a distance of 269 14 feet to a found highway monument, THENCE South 15°49' 17'' East, continuing along said west line, for a distance of 503 1 1 feet to a found highway monument, THENCE South 10°07'24" East, continuing along said west line, for a distance of 15 06 feet to the POIINT OF BEGINNING, THENCE South 10°07'24" East, continuing along said west line, for a distance of 75 00 feet to a point, THENCE South 79°52'36" West, leaving said west line, for a distance of 150 00 feet to a point; THENCE North 10°07'24" West, for a distance of 75 00 feet to a point, Z-97-025 (Continued) THENCE North 79°52'36" East, for a distance of 150 00 feet to the POINT OF BEGINNING and CONTAINING 11,250 square feet or 0 258 acres of land more or less From "G" Commercial to "G/S" Sign Overlay (6100 Block of I-35W North) Z-97-026 Block 1, Lots 9&10, Weisenberger City Addition From "B" Two-Family to "I" Light Industrial (5036 David Strickland Road) Z-97-029 BEING all of Lots 22 thru 29 in Block 3, and all of Lots 1 thru 8 and Lots 15 thru 22 in Block 4 and all of Burton Street between Lots 22 thru 29 in Block 3 and Lots 1 thru 8 in Block 4, as shown on the plat of Eastwood Addition, an addition in the City of Fort Worth, Texas as recorded in Volume 388-J, Page 475, Map Records, Tarrant County, Texas, and all of Lots 22R and 23R in Block 3 and Lots 7R and 8R in Block 4, and all of Burton Street and easement as shown on the Plat of Lots 22 and 23 in Block 3, and Lots 7 and 8 in Block 4, Eastwood Addition, recorded in Volume 388-M, Page 195, Map Records, Tarrant County, Texas, and a tract of land out of the G J Assabranner Survey, Abstract No 7, Tarrant County, Texas, COMMENCING at the projection of the intersection of the North ROW line of Berry Street (formerly Tarrant Road) (a varying width ROW) and the East ROW line of Miller Road (a 90' ROW), THENCE North, 10 00 feet to a 1/2" iron rod set at the North end of a 10 foot by 10 foot cut-off and the TRUE PLACE OF BEGINNING THENCE North, along the East ROW line of Berry Street, a distance of 423 45 feet to a 1/2" iron rod set at the Northwest corner of Lot 29, Block 3 of Eastwood Addition (Volume 388-J, Page 475), point also being the Southwest corner of Lot 1, Block 3 of Eastwood Addition, recorded in Volume 388-I, Page 15, Map Records, Tarrant County, Texas, Z-97-029 (Continued, THENCE East, 305 00 feet along the common line of the two (2) Eastwood Additions (Volume 388-J, Page 475 and Volume 388-1, Page 15) to a 1/2" iron rod set at an angle point; THENCE Continuing along the common line of said two (2) Eastwood Additions, S83°26'00" E, 272 12 feet to a 1 /2" iron rod set in the South line of Lot 10, Block 3 of Eastwood Addition (Volume 388-I, Page 15), point also being the Northeast corner of Lot 22R of A Revision of Lots 22 and 23 in Block 3 and Lots 7 and 8 in Block 4 of Eastwood Addition (Volume 388-M, Page 195), and the Northwest corner of Lot 20 in Block 3 of Eastwood Addition (Volume 388-J, Page 475), THENCE Along the Westerly line of Lot 20, Block 3, Eastwood Addition (Volume 388-J, Page 475), South, a distance of 71 94 feet to a 1/2" iron rod set at an ell corner in Lot 20, Block 3 of said addition, THENCE East, 98 40 feet to a 1/2" iron rod set at an ell corner in Lot 20, Block 3 of said addition, THENCE South, 436 33 feet along the West line of Lot 20, Block 3 and Lots 9, 11, 12, and 14 in Block 4 of Eastwood Addition (Volume 388-J, Page 475) to a 1/2" iron rod set in the North ROW line of Berry Street (formerly Tarrant Road), THENCE N79°25'38"W, 195 11 feet along the North ROW line of Berry Street to a 1/2" iron rod set; THENCE N80°28'00"W, 166 57 feet along the North. ROW line of Berry Street to a 1 /2" iron rod set; THENCE N84°09'00"W, 14 32 feet along the North ROW line of Berry Street to a 1/2" iron rod set; THENCE N74°48'00"W, 61 45 feet along the North ROW Fine of Berry Street to a 1 /2" iron rod set; THENCE N84°09'00"W, 235 39 feet along the North ROW line of Berry Street to a 1/2" iron rod set at the South end of a 10 foot by 10 foot cut-off; THENCE N84°09'00"W, 14 32 feet along the said cut-off to the TRUE PLACE OF BEGINNING and containing 7,1022 acres of land Z-97-029 Z-97-031 Z-97-032 (Continued) From "A" One-Family and "E" Commercial to "PD/SU" Planned Development/Specific Use for all uses in the "E" Commercial District except the following 1 Off-Premise Signs 2 Theaters 3 Baths and massage treatment 4 Taxidermist 5 General parking 6 Garages (storage of vehicles) 7 Liquor store 8 Golf course, miniature golf or driving range 9 Mortuaries and funeral homes 10 Recording studios 11 Recreational vehicle parks 12 Dancing 13 Swimming pools (commercial) Alcohol sales for off-premise consumption as an accessory use to a retail store operation, or as part of a restaurant, is permitted Site plan required (4200 Block East Berry Street) Block 31, Lot 11, University Place Addition From "A" One-Family to "A/HC" One Family/Historic and Cultural Landmark Overlay (2434 Rogers Avenue) Block 5, West 150' of South 1/2 of Lot 2 and West 150' of North 5' of Lot 3, R. M Page Addition From "B" Two-Family to "B/HC" Two-Family/Historic District and Cultural Landmark Overlay (2529 College Avenue) 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. That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of Ordinance No 3011 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 SECTION 5 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 ($2000 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 be in full force and effect from and after the date of its passage and publication as required by law, and it is so ordained APPROVED AS TO FORM AND LEGALITY. ~~~.~ ~ o Assistant City Attorney Date ~ '~ ~ I ~ 9 ~ Adopted __ _~~-~ ~ , t g 9