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HomeMy WebLinkAboutOrdinance 5584 ORDINANCE NO. 35s4 AN ORDINANCE AMENDING ORDINANCE NO. 1445, BEING AN ORDINANCE ESTABLISHING BUILDING LINES ON PENNSYLVANIA AVENUE BETWEEN TRAVIS AVENUE AND JENNINGS AVENUE; PROVIDING A FINE OF NOT LESS THAN FIVE DOLLARS ($S.00) NOR MORE THAN TWO HUNDRED DOLLARS ($200.00) FOR VIOLATION HEREOF AND THAT EACH DAY A VIOLATION EXISTS SHALL CONSTITUTE A SEPARATE OFFENSE; PRESCRIBING A SAVINGS CLAUSE; AND NAMING AN EFFECTIVE DATE. BE IT ORDAWD BY THE CITY COUNCIL OF THE CITY OF PORT WORTH, TEXAS: SECTION 1. That Section l of Ordinance Noi 1445 heretofore adopted on June S, 1928, be changed, altered, and amended so that the same shall hereafter read as follows: It shall be unlawful for any person, firm or corporation to build, construct, place, erect, or reconstruct any building or structure of any kind or nature whatsoever along Pennsyl- vania Avenue from Travis Avenue to Jennings Avenue between the following described building lines, to wit: 1. A building line northerly from the northerly property line of Pennsylvania Avenue particularly described as follows; A straight line from a point in the northerly property line of Pennsylvania Avenue three hundred (300) feet westerly from the westerly property line of Hemphill Street to a point twenty- twe (22) feet northerly from the northerly property line of Pennsylvania Avenue and one-hundred (100) feet westerly from the westerly property line of Jennings Avenue. 2. A building line no (0) feet southerly from the southerly property line of Pennsylvania Avenue from Travis Avenue to kennings Avenue. SECTION 2. That this ordinance specifically repeals the building line on the South fifty (S)) feet of the East ome-hundred (100) feet of Lot 4, Block 37, Jennings South Addition. SECTION 3. That this ordinance shall be cumulative of all other ordinances establishing building lines on Pennsylvania Avenue and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 4. That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any provisions of this ordinance shall be fined not less than Five Dollars (55.00) nor more than Two Hundred Dollars ($200.00) for each offense; and that each day a violation iU permitted to exist shall constitute a separate offense. SECTION S. Should any section, clause or provision of this ordinance be declared by a court of competent jvds diction to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid. SECTION 6. That this ordinance will take effect and be in full force and effect from and after its passage and publication as required by lam. APPROVED AS TO FORM AND LEGALITY: d � S. G. JORNDROE, JR. _. CITY ATTORNEY Adopted:_f F LEGEND so Special Building Line n ImtProposed Extension of Pennsylvania 13 Applicant Property ---— proposed Building Lines 00 0 - ENN _; •---- 10 v ¢ 1 z_; WATk EL PA 0 RIP AN IS ST EM AR RK J Z ETT ROAD W Y AVE o d = > Q RQA AY zo ST z = - �_ ETR 2 ST PEN SYLVANIA T o J V A Nf tWE Q y PRLII V-.- Uj C N DTDO C� � c L = OO ER a TECH L A LUERR Ll AV SLHI - TE �1 7T p o S 0 • h '{ 2 0� OR H o a OS 1. A.L. � ��a.W �!- 15 ]0 0 �5 MIN Al ST ` EGk� 0 E D R T � ¢ N 8 D I I I z - x L ERma SCALE I.2000, • 0 to LOQO SCALE 14•2OO' NORT 0 60 1 q 150 2 0 B.eoADWAY _ AVE ' ,, s •� ' -i�lz-- •. -rr ( .r (—_�.--r'1_'� �r w•ilk -- �<.i" 6• i -ji /tT l,l • • i C1 02) 0 it - - I. 1� ep. .5 0" Lo L (�)� _ "� o --- •n$--4- --M ;; l9.' ®.. .. OETE�t SM/7H . S T s •. , r _ `., j71 ,• �� - �,_ ..� _ 'fie- f• .t- n.iL)raD'f/1 S� •. I � C 49 T dCKEAM V �� is Cif •, • t t L1 to AYi/e 7 \ - —Z-- 0 h �--'--�� rvcKE' sr -7 q L- T-y • � I l� � �� •� � -hie 9 I e 17 � � 1 ,� i �; � • �9�h'r-:E E pElvIvsY/-vAIVIA_ Prepared by the City Planning Department June 1 , 1966 City of Fort Worth, Texas BROWNLEE Mayor and Council. Communication MORPH GRAHAM DATE NREFERENCE suBJECT. Adjustment of Building Line PAGE 6/6/66 PZ-189 UMBER REED Block 37, Jennings South Addition Iof —i Jmqof Sy On May 30, 1966, Mrs. Imogene Greer appeared before the City Council on behalf of her mother Mrs. Mamie Wolfe, who had petitioned the City Plan Commission for removal of a building line from property located at the northwest corner of Pennsylvania and Jennings Avenue. This communica- tion describes the history of the building line, subdivision of the af- fected property, long range plans for extending Pennsylvania to the South Freeway, and recommendations of the City Plan Commission to adjust the building line in view of changes which have taken place since the line was first established in 1928. A map showing the area is attached. Description of Property The property owned by Mrs. Wolfe, outlined in red on the map, measures 50 feet fronting on Jennings and 100 on Pennsylvania. Originally, Block 37 of Jennings South Addition was platted into four lots, including Lot 4 con- taining Mrs. Wolfe's corner lot. Much of Block 37, according to Mrs. Greer, was owned by her mother, but had to be sold off in small parcels in recent years. Lot 4 originally fronted 200 feet on Jennings and 300 feet on Pennsylvania. Records of the City show that the property was divided by metes and bounds, not by replat approved by the City Plan Commission as required by Article 974a of the Texas Statutes. The building line did not hamper or come to the attention of the property owner until 28 years after enactment of the ordinance when the last parcel was offered for sale. Building Lines and Set-Back Requirements Authority for establishing building lines is granted in a 1927 statute (Article 1105a), and was implemented by ordinance in Fort Worth in 1928. At the time this statute and ordinance was enacted, Fort Worth had no zoning ordinance requiring set-back by any buildings within the City. Pennsylvania was scheduled for extension to Main Street as a major east- west traffic carrier using a widened alignment over Annie Street. Build- ling lines, shown in blue on the map, show the anticipated route of the thoroughfare. When zoning was established in 1940, a 25 foot set-back was required on all residentially zoned and used property in the City. The property in Block 37, including that owned by Mrs. -Wolfe, is zoned 'T' Light Industrial, and is subject to no set-back, permitting building on the property line. IThe request placed before the City Plan Commission and the City Council by the property owners is to remove the building line entirely from the corner lot and permit building to the property line on both street front- ages. [OFFICIA1 RECY oRo SECRf.CRYWORTH, TZ( - 0 DATE REFERENCE SUBJECT: Adjustment of Building Line PAGE NUMBER 6/6/66 PZ-189 Block 37, Jennings South Addition 2 of 3 Pennsylvania Avenue Widening Needs It is anticipated that the replacement of the Hattie Street railroad viaduct, an aging and inadequate structure which is the eastern access to the hospital, district, will be included in the next bond proposal. Connections to the Hattie Street overpass on the South Freeway and widening and straightening of Hattie Street to a connection with Penn- sylvania Avenue might also be included in the project to provide badly needed traffic circulation in the near south side area. Realignment of Pennsylvania over Hattie Street instead of Annie Street will eliminate the need for the present building line at Jennings Avenue, but the exist- ing right-of-way on Pennsylvania will need to be widened where it now narrows to less than 50 feet at Jennings Avenue. No plans have been drawn nor are any funds available for the viaduct, street realignment, or right-of-way purchases at this time. The building line is a useful tool authorized by state statute to limit the construction of buildings along streets requiring future widening in order to conserve the public expense of acquiring and removing costly new buildings along the right- of-way. City Plan Commission Action On May 25, 1966, Mr. Rhinehart Rouer, representing Mrs. Wolfe, appeared before the City, Plan Commission, where he stated that the building line should be removed because it rendered the property worthless for prac- tical purposes. Mr. Rouer stated he agreed with the need for building Lines west of Mrs. Wolfe's property, but disagreed with the widened line across the corner lot at Jennings. The City Plan Commission reviewed the possibility that Pennsylvania would be extended over Hattie instead of Annie, and recognized that the 1928 ordinance placed severe- limitations upon the use of property at the north- west corner at Jennings Avenue. The commission therefore recommended that the City Council adopt an ordinance amending Ordinance 1445, reducing the building line to 22 feet for the length of the property to the intersec- tion with Jennings Avenue. During review of this request, the City Plan Commission requested the City staff to review other building lines in the area to determine if traffic patterns and the regional transportation study may alter future plans for the construction of major thoroughfares and thereby eliminate the need for some of the building lines now established. OFFj��A� R C/ly s ��ORp Fl fcR�l,��y WORjH r �.c . DATE REFERS CE SUBJECT:Adjustment of Building Line PAGE 6/6/66 NUMBERPZ-189 Block 37, Jennings South Addition 3 of 3 Alternate Courses of Action There are three alternates which the City Council may wish to consider: 1) Reduce the building line to 22 feet as recommended by the City Plan Commission to provide clearance for future widening and realignment of Pennsylvania Avenue to Hattie Street and a connection with a new railroad viaduct and the South Freeway, which may be included in the next street bond program. 2) Acquire property owned by Mrs. Wolfe for future right-of-way needs. This alternative is not recommended because right-of-way needs have not been definitely determined and no funds are allocated in the cur- rent bond program for Pennsylvania Avenue widening; or 3) Abandon entirely the building line on the property, as requested by the property owner. JLB:lp Attach FflClq� y �, RFC0 fx = }tARY SUBMITTED BY: DISPOSITION Y COUNCIL: P SED Q� GAPPROVED C"THER (DESCRIB ) SECRETARY < �J DATE q (� PUN CITY MANAGER .�