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HomeMy WebLinkAboutOrdinance 12168ORDINANCE NO AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO 3011, AS AMENDED, SAME BEING AN ORCINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGI-'IT, 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, ANC) FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICT'S 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 "DISTRIC:T MAPS", PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULAI"IVE OF ALL ORDINANCES, PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENAL 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-94-100 A tract of land out of the J C DAVIS SURVEY, ABSTRACT NO 412, and J A HUST SURVEY, ABSTRACT NO 702, in Tarrant County, Texas, being a portion of a tract of land described iri deed recorded in Volume 667, Page 1 1, Deed Records, Tarrant County, Texas said tract being more particularly described by metes and bounds as follows BEGINNING at an iron pin set in the South right of v~iay line of Randol Mill Road, being in the East line of the J C Davis Survey and in the West line of the J R Newton Survey, Abstract No 1 169, in Tarrant County, Texas, THENCE leaving the South right of way line of said Randol Mill Road and along the East line of said Davis Survey and West line of said Newton Survey, South 00 degrees 00 minutes 58 seconds East 419 53 feet to a point; Z-94-100 f Continue) THENCE North 86 degrees 52 minutes 20 seconds West at 19 82 feet passing a fence post, continuing on for a total distance of 420 0 feet to an iron pin found, THENCE North 00 degrees 01 minutes 45 seconds West 418 89 feet to an iron pin found in the South right of way line of said Randol Mill Road, THENCE South 86 degrees 57 minutes 40 seconds East along said South right of way line 420 18 feet to the POINT 01= BEGINNING and containing 175,848 18 square feet of 4 0369 acres more or less From "CR" Multi-Family to "PDSU" for a cabinet shop Site plan required (8050 Randol Mill Road) Z-95-021 J J Wingfield Survey, Abstract No 1634, Tracts 1-4 From "AG" Agricultural ~to "PDJSU" Planned Development/ Specific Use for a concrete crushing facility subject 'to the following 1 The crushing operations will be located east of the existing easement to the Trinity River Authority, provided, during the first 30 days of operations, the crushing operation may be located west of such easement 2 The entrance and exit for receiving and shipping material by truck will be located east of the existing Trinity River Authority easement 3 An earthen berm 4 feet high and 12 feet wide with an 8 foot cedar fence shall be constructed and maintained along the northern boundary of the subject property Such earthen berm shall be seeded with appropriate ground cover 4 No visible emissions from the crushing operations shall leave the subject property Area type water sprays shall be installed and operated, as needed, to prevent emission of excessive dust from all stockpiles and active work areas Loads of material in all transporting Z-95-021 (Continue) vehicles leaving the property shall be sprayed with water or covered with a canvas or similar type covering, firmly secured to reduce particulate emissions 5 The concrete and/or rock crushing and recycling operations shall be operated in compliance with all federal, state and city laws, ordinances, rules and regulations, including, without limitation, the Texas Natural Resource Conservation Commission and the Environmental Protection Agency Prior to commencing operations, an enumeration of all permits and licenses required for the operation of such a facility shall be furnished to the Department of Transportation and Public Works, including each permitting agency's address, telephone number, and contact person 6 All utility service providers, transmission, electric and pipeline companies shall approve work around, near or across such utility facilities 7 Prior to commencing operations on the subject property, the owner and/or operator shall submit a reclamation plan, as approved by the Department of Transportation and Public Works, including final topography contours at 5 feet intervals, relocated stream beds, lakes and ponds, if any, and other physical features, type and depth of surface material, and seeding and replanting plans for restoration of the property, including any required cross-section and engineering/construction plans 8 Submission of a performance bond, certificate of deposit or cash payment in the amount of $75,000 00 as security to the City of Fort Worth to ensure that all restoration costs in accordance with the reclamation plan of the property are met 9 Provision of a clearly visible sign at the entrance to the facility identifying the name, business address and phone number of the facility owner and operator in compliance with the requirements for on-premise signs Z-95-021 (Continue) 10 A Community Facilities Agreement whereby the crushing facility's operator shall contribute 5 05 per ton of concrete and/or rock material sold at the facility, up to a maximum of 575,000 00 over a 5 year period for the clean-up, improvement and maintenance of the Mosier Valley Road area (1 1650 Mosier Valley) Z-95-060 Lot 1, Block 66, Fostepco Heights Addition From "E" Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Commercial plus tire retail sales, installation service, auto repair, outside display of tires Site plan waived (700 East Long Avenue) Z-95-062 Lot B, Fair Oaks Addition From "C" Multi-Family to "E" Commercial (4443 River Oaks Boulevard) Z-95-065 Lot 10, Block 1, Norma Court Addition From "B" Two-Family to "B-HC" Two-Family Historic/Cultural Subdistrict (4920 Norma Court) Z-95-066 Lot 9, Block 18, Tandy Addition From "C" Multi-Family to "C-HC" Multi-Family Historic Cultural Subdistrict (3627 Mount Vernon Avenue) Z-95-068 Lots (a) 21,22, 23 (b) 24, 25, Block 41, Chamberlain Arlington Heights Addition From "B" Two-Family to "B-HC" Two-Family/Historic Cultural Subdistrict (4628-4632 Collinwood Avenue) Z-95-071 Lot 1, Block 44, Stoneglen at Fossil Creek Addition From "G" Commercial to "PD/SU" Planned Development/Specific Use for 1 Extended-Stay Lodging Facility, being a lodging facility designed for extended-stay guests containing studio, one-bedroom and/or two-bedroom lodging units, each of which has its own kitchen, and other amenities, and which furnishes for the use of its guests many services ordinarily furnished by hotels, with such services not being primarily available to the public other than guests of the facility 2 All uses permitted in the "G" Commercial District, save and except the following uses which are not permitted, to wit. (a) Any use involving the raising, breeding or keeping of any animals or poultry, including veterinary services, (bl Automobile service garages or carwash, gasoline pumps, gasoline filling and service stations, (c) Movie theaters, flea markets, "head shops", shops selling pornographic materials, adult bookstores or massage parlors, (d) Bowling alleys, skating rinks, dancehalls, billiard or pool halls, (el Bars or taverns which employ or allow nude or semi-nude waiters, waitresses or dancers, Z-95-071 (Continue) (f) Renting, leasing or sale or displaying for the purposes of renting, leasing or sale of any motor vehicles, boats or trailers 3 Site plan required (5801 Sandshell Drive) Z-95-073 BEING 1 498 acres of land located in Lot 1, Block 10-R, TUCKER'S ADDITION to the City of Fort Worth, Tarrant County, Texas, according to the revised plat thereof, recorded in Cabinet A, Slide 1260 of the Plat Records of Tarrant County, Texas, Said 1 498 acres of land being more particularly described by metes and bounds, as follows BEGINNING at a 1 /2" iron rod at the most Easterly Northeast corner of said Lot 1, lying in the West right-of-way line of St Louis Street (a 60 foot wide right-of-way), THENCE along the South boundary line of said Lot 1 and the North right-of-way line of said Pennsylvania Avenue, as follows 1 NORTHWESTERLY 227 76 feet along a curve to the Right, having a radius of 496 57 feet, a central angle of 26°16'45" and a chord bearing N70°24'06" W 225 76 feet to a 1 /2" iron rod found at the end of said curve, 2 N 57°15'43" W 5 00 feet to a 1 /2" iron rod at the beginning of a curve to the left, 3 NORTHWESTERLY 10 96 feet along said curve to the left, having a radius of 562 65 feet, a central angle of 01 ° 06' S8" and a chord bearing N 57°49' 12" W 10 96 feet to a 1 !2" iron rod set, THENCE N 36°1 1'40" E 52 18 feet departing said right-of-way line and severing said Lot 1 to a 1 /2" iron rod set; THENCE N01°28'47" E 61 09 feet to a 1 /2" iron rod set, Z-95-073 (Continue) THENCE N00°01'23" W 168 28 feet to a 1/2" iron rod set in the most Southerly North boundary line of said Lot 1, THENCE N89°58'37" E 193 70 feet along the North boundary line of said Lot 1 to the PLACE OF BEGINNING, containing 1 498 acres (65,244 square feet) of land From "G" Commercial to "D" Multi-Family (400-500 St Louis & Galveston) 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 fight 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 judgement 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 C y Attorney Date ~ ~ ~ ~ ~ g 9~ Adopted t Z , ~ S 9S