HomeMy WebLinkAboutOrdinance 11634
ORDINANCE NO. ~~(l~~l'
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 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-94-067 COMMENCING at the northwest corner of Lot AR-6, Block 1, of
Western Hills Addition, Section Three, an addition to the City of Fort
Worth, according to the plat thereof recorded in Volume 388-154,
Page 90, Plat Records, Tarrant County, Texas,
THENCE south along the west line of said Lot AR-6, 135 feet more or
less to a point in said west line being perpendicular with the
southwest corner of an 82 feet by 360 feet one story brick building
on said Lot AR-6,
THENCE easterly 25 feet more or less to the southwest corner of said
building to the point of beginning of the herein described property,
THENCE easterly along the south line of said building 52 feet to a
point for corner;
Z-94-067 (Continued)
THENCE northerly and perpendicular to the south line of said building
82 feet to a point for corner being in the northerly side of said
building,
THENCE westerly along the northerly line of said building 52 feet to a
point for corner,
THENCE southerly 82 feet to the point of beginning and containing
4,262 square feet more or less
A portion of Lot AR-6, Block 1, Western Hills Addition, Section 3
8468 Highway 80 West (Spur 580)
From "E" Commercial to "PD/SU" Planned Development/Specific Use
for all uses in "E" Commercial, plus Bingo/Charity Gaming with the
following conditions
The bingo operation will be required to follow these strict guidelines
a) The bingo operator will have one (1) security guard patrol on the
Premises, and the areas in proximity to the Premises, but within the
boundaries of the Property, at all times during which the bingo
operation is open for business to the public
b) The bingo operation will not serve any alcoholic beverages, nor will
the bingo operator allow any alcoholic beverages to be carried into
and consumed within the Premises No foods cooked/prepared on-
site will be served Only vending machine foods and beverages will
be served within the Premises,
c) All vending machine deliveries will occur through the front of the
Premises and not the rear,
d) No sound from the public address system will be audible from the
northern boundary line of the Property,
e) The hours of operation will not exceed 12 00 p m to 10 30 p m ,
seven (7) days per week, and,
f) The number of seats designated for the playing of bingo within the
Premises will not exceed 140
Z-94-067 (Continued)
g) The bingo operator will restrict vehicle parking of all employees,
customers, invitees, or any one with whom the bingo operator
conducts any business whatsoever in the Premises, to only those
parking spaces, which number approximately sixty-five (65), as
designated in the hatched areas on Exhibit "A" The bingo operator
will have its one (1) security guard assist in the enforcement of this
provision
h) In accordance with Section 18-D of the Zoning Ordinance of the
City of Fort Worth, the Applicant shall construct a six (6) foot high
privacy fence along the northern boundary of the Property,
measuring four hundred nineteen (419) linear feet, more or less
i) In accordance with Section 18-D of the Zoning ordinance of the
City of Fort Worth, the Applicant shall maintain a minimum five 15)
foot buffer zone at the areas contiguous to the northern boundary
of the Property, measuring four hundred nineteen (419) linear feet,
more or less This five (5) foot buffer zone shall be of native
grasses or plants (i a buffalo grass, rebel fescue grass, or a plant
or grass of substantially similar comparison) and be maintained by
Applicant in a reasonable manner
j) On or before the date on which the bingo operator first opens for
business to the public, Applicant shall cause to be installed and/or
constructed on the Property materials, improvements, etc ,those
materials, improvements, etc ,and the installation and construction
thereof, to be determined at the reasonable and sole discretion of
the Applicant, so as to improve drainage of rain water, and
therefore divert rain water away from the residential properties
contiguous to the northern boundary of the Property Furthermore,
said materials, improvements, etc to include specifically the areas
in between the northern boundary line of the Property and the
Retaining Wall, said Retaining Wall being labeled on Exhibit "A", in
an effort to stabilize the soil and prevent further erosion of the soil
in this specific area of the Property Concerning stabilization of the
soil in the areas in between the northern boundary line of the
Property and the Retaining Wall, materials, improvements, etc may
include, but not be limited to, planting vegetation, installation of
french drains or flumes, etc Applicant shall use best efforts to
improve drainage of rain water and stabilization of the soil in the
area described, however, no guarantees of results can be made due
to factors beyond the Applicant's control, including existing soil
conditions of the Property and of soils in areas in proximity of the
Z-94-067 (Continued)
Property, flash flooding, etc
k) On or before the date on which the bingo operator first opens for
business to the public, Applicant shall cause to be installed and/or
constructed at the utility pole in the vicinity of the northwest corner
of the Property, either a curb or pipe bollardls) to reasonably
protect said utility pole from vehicle traffic
Site plan waived
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.
c,
Attorney
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