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HomeMy WebLinkAboutOrdinance 12988ORDINANCE 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 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 SECTION 1 That Ordinance No 301 1, 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-96-153 Tract 4A and 5A, Jennings West Addition and a tract or parcel of land and being a portion of Lake Street right-of-way, Lot 9-AR, Conners Subdivision and Lot 5,Carlocks Addition, said tract more particularly described as follows COMMENCING at the southeast corner of Lot 5A, Oarlocks Addition as recorded in Volume 106, page 55, Plat Records, Tarrant County, Texas, said point also being the northwest corner of the intersection of West 5th Street and Lake Street, THENCE N 00 degrees 31'36" West along the west right-of-way of Lake Street, 51 50 feet to the POINT OF BEGINNING of the herein described tract, THENCE S 89 degrees 27'28" West, 28 85 feet to a point, THENCE N 00 degrees 32'32" W, 99 19 feet to a point in the south line of Lot 1-R Conners Subdivision, Z-96-153 (Continued) THENCE N77 degrees 56'51" E, along the south line of Lot 1-R, 38 36 feet to a point in the west right-of-way of Lake Street, THENCE S 84 degrees 49'06" E, 26 69 feet to a point in the center of the right-of-way of Lake Street; THENCE S 05 degrees 10'54" W, 53 03 feet, THENCE S 00 degrees 29'13" E, 51 45 feet, THENCE S 89 degrees 30'47" W, 49 97 feet to the POINT OF BEGINNING of the herein described tract, said tract containing 6,264 square feet of land more or less From "J" Light Industrial to "PD/SU" Planned Development/ Specific Use for the uses contained in the "H" Business District with a height limit of 120', subject to the following conditions (1) Firestone Limited Partnership, and its successors and assigns shall use the Firestone Service Store located at 1001 W Seventh Street in connection with development of the project and shall rehabilitate the Firestone Service Store in a manner consistent with the historic character of the structure, (2) Neither Firestone Limited Partnership, nor its successors or assigns shall demolish the Firestone Service Store in its entirety or destroy any part of the structure which would permanently impair the structural, historic or architectural integrity of such structure, or permit any third party under their control to do so, (3) Firestone Limited Partnership, Inc or its successors or assigns shall file a restrictive covenant prohibiting demolition of the Firestone Service Store in its entirety or demolition of any part of the structure which would permanently impair structural, historic or architectural integrity of such structure in the Tarrant County real property records The restrictive covenant shall be filed concurrently with the filing of a final plat resulting from Preliminary Plat No PP-96-031, approved on August 28, 1996, by the City Plan Commission Such covenant shall run with the land, shall be binding on all subsequent owners of the Firestone Service Store and shall be in form and substance satisfactory to the City of Fort Worth (4) Parking will be provided at 1 5 spaces per residential unit and 14 spaces for the Firestone Service Store Z-96-153 (Continued) (5) All landscaping in the Phase II area shall be installed with the development of Phase I per the approved site plan under Case No SP-96-021 (6) This ordinance shall be filed with the City Secretary upon delivery of proof to the City Attorney that title to all property subject to this ordinance has been transferred to Firestone Limited Partnership or is successors or assigns (7) Site plan required (300 Lake Street and 820 to 824 Henderson Street) 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 301 1 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 (52000 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 ~~~~ ~ ssistant City Attorney Date ~t ~ ~ 1 `~ ~ ~ Adopted ~~~a ~ ~-{ 1 ~ g `~