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HomeMy WebLinkAboutOrdinance 12740~ ~ ACT ~ ~ 17 ORDINANCE 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-96-108 Jennings West Addition Block 32, Block 24, Block 17, Lots 1, 2 Block 16, Lots 1 A, 2A, 3A, 6, 7, 8, 9 Finley Addition Lots a, b, c, d, e, f, g, h, i , j, k Robinson Addition Lot 7 Conner Addition Lot 1 R Oarlocks Addition 1 A, 5A J P Smith Addition Block 4R, Lots 1, 2 Z-96-108 (CONTINUED) Block 3 Block 9, Lots 5A, 6A, 7A, 7B Browning Addition Block A, Lot 20 Block 3, Lots 13, 14, 15, 18, 19 Van Zandt Addition Block 3, Lots 2r, 3r, 4r Rector Addition Block 5, Lots 1, 2, 3, 4, 5, 6, B Block 6, Lots 3a, 3b, 4 From "J" Light Industrial, and "G" Commercial 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, 12- 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-96-108 (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 Z-96-130 14 160 acres situated in the J L. HANSBOROUGH SURVEY, ABSTRACT NO 748, and the W HOUSTON SURVEY, ABSTRACT No 745, City of Fort Worth, Tarrant County, Texas, being a portion of that certain tract of land conveyed to John P Ryan by deed recorded in Volume 7025, Page 213, Deed Records, Tarrant County, Texas, and a portion of Block 1, RYAN SOUTHWEST ADDITION, AN Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat recorded in Volume 388-212, Page 52, Plat Records, Tarrant County, Texas said 14 160 acres being more particularly described by metes and bounds as follows BEGINNING at a T H D monument found at the intersection of the East line of Bryant Irvin Road (ROW varies) and the South line of State Highway No 183 (ROW varies, THENCE N69° 03' 56"E, along the South line of said State Highway No 183, 189 55 feet to a 'h " iron found, THENCE S25° 48' 07"W, 72 88 feet to a 'h "iron found, THENCE S64° 1 1' 53"E, 25 00 feet to a '/s" iron found, THENCE N25° 48' 07"E, 75 01 feet to a '/Z" iron found in the South line of said State Highway No 183, THENCE along the South line of said State Highway No 183 as follows S64° 1 1 ' 53"E, 399 65 feet to a 'h " iron found, S66° 06' 07"E, 191 33 feet to a '/z " iron set, Z-96-130 (Continued) THENCE S25° 37' 08"W, 492 36 feet to a '/s" iron set; THENCE S77° 26' 1 1 "W, 23 78 feet to a '/s" iron set, THENCE S25° 37' 8"W, 347 39 feet to a '/z" iron set at the beginning of a curve to the right whose radius is 7516 71 feet and whose long chord bears N 82° 45' 24" W, 233 15 feet THENCE along said curve in a Westerly direction, thru a central angle of 01° 46' 38", a distance of 233 16 feet to '/2" iron set at the end of said curve, THENCE N09° 22' 13"E, 49 86 feet to a '/Z" iron set; THENCE N80° 10' 34"W, 234 64 feet to a %2" iron set; THENCE N25° 37' 08"E, 168 92 feet to a '/s" iron set; THENCE N64° 22' 52"W, 258 65 feet to a '/s" iron set in the East line of said Bryant Irvin Road and the beginning of a curve to the right whose radius is 2217 83 feet and whose long chord bears N23° 06' 03"E, 207 32 feet, THENCE along the East line of Bryant Irvin Road as follows ALONG said curve, in a Northerly direction, thru a central angle of 05° 21 ' 28", a distance of 207 40 feet to a T H D monument found at the end of said curve, N25° 46' 47"E, 139 40 feet to a 'h " iron found, N27° 07' 36"E, 158 96 feet to a 'h " iron found, N25° 46' 47"E, 47 89 feet to a 'h " iron found at the Northwest corner of said Block 1, N45° 40' 32"W, 3 94 feet to a 'h " iron found, N25° 46 47"E, 76 32 feet to the POINT OF BEGINNING and containing 14,160 acres (616,809 S F) of land Z-96-130 (Continued) From "G" Commercial to "PD/SU" Planned .Development/Specific Use for all uses in "G" Commercial plus outdoor storage and display area for garden supplies, plants and building materials subject to the following 1 OUTSIDE STORAGE OF MERCHANDISE ALONG THE FRONT OF THE RETAIL STORE SHALL BE IN STRICT COMPLIANCE WITH SECTION 11 A 31b) 2 OUTSIDE STORAGE OF MERCHANDISE ALONG THE FRONT OF THE GARDEN CENTER SHALL BE IN STRICT COMPLIANCE WITH SECTION 1 1 A 3 (b) EXCEPT FOR THE FOLLOWING - MERCHANDISE MAY EXTEND MORE THAN 5 FEET FROM THE FRONT OF THE GARDEN CENTER AS LONG AS THE FOUR FOOT WIDE UNOBSTRUCTED WALKWAY IS PROVIDED IN ACCORDANCE WITH SECTION 11 A 3 (b)(3) 3 THE TYPE AND LOCATION OF OUTSIDE STORAGE OF MERCHANDISE WITHIN THE GARDEN CENTER AND THE RECEIVING AREA SHALL NOT BE GOVERNED BY THE REGULATIONS CONTAINED SECTION 11 A 3 (b) 4 SIGNS SHALL BE IN CONFORMANCE WITH SECTION 17B 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 (~/L~sz~X 0--- sistant City Attorney Date ~ a y - 19 Adopted ~ a vZ , ~ g S~