HomeMy WebLinkAboutOrdinance 14005-~
ORDINANCE NO /~D~'
AN ORDINANCE ADOPTING A MORATORIUM ON ACCEPTANCE OF
APPLICATIONS FOR BUILDING PERMITS FOR ALL STRUCTURES
EXCEPT ONE-FAMILY DWELLINGS AND ACCESSORY STRUCTURES
ON 12 CITY-OWNED SURPLUS LOTS IN CITY COUNCIL DISTRICTS 2,
5, 7 AND 8, PROVIDING THAT THE ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth owns 12 lots in City Council districts 2, 5, 7
and 8, nine of which are vacant and three of which contain one-family dwellings,
WHEREAS, all of the lots are located in neighborhoods that are zoned "B" Two-
Family but are predominantly developed with one-family dwellings,
WHEREAS, the proposed 2000 Comprehensive Plan provides that the
recommended use for the neighborhoods in which the 12 lots are located is one-family
residential,
WHEREAS, the City Council has directed City staff to initiate rezoning of each of
the 12 lots from "B" Two-Family to "A" One-Family in order to make the zoning
consistent with the proposed comprehensive plan and the current use of surrounding
property and to prevent incompatible development;
WHEREAS, the zoning process will require approximately 90 days to complete,
WHEREAS, the successful bidders for some of the 12 lots wish to begin
construction of one-family dwellings immediately;
WHEREAS, it is advisable to sell the property and to allow purchasers to
commence construction of one-family dwellings without incurring a 90-day delay to
complete the rezoning process,
WHEREAS, enactment of a moratorium to allow acceptance of applications for
building permits for one-family dwellings and accessory structures, but to prevent
acceptance of applications for all other building permits will allow immediate one-family
development but will prohibit potentially incompatible development pending rezoning of
the property;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1 Intent
A. It is the intent of this ordinance to restrict the development of 12 surplus lots
owned by the City of Fort Worth described below (the "Property") to construction
of one-family dwellings and accessory structures pending initiation of
downzoning of the Property from "B" Two-Family to "A" One-Family The intent
of this ordinance is to promote the orderly development of the City of Fort Worth,
prevent incompatible development, and protect the public health, safety and
general welfare of the citizens of the City of Fort Worth
B It is the further intent of the City to offer the high bidders for each of the 12 lots
the opportunity to complete the sale, subject to initiation of rezoning of the
Property, or to withdraw their bids and receive a refund of all money paid to the
City
SECTION 2. Definitions
The "Property" means the following lots, individually and collectively
Address Legal Description
4136 Avenue M College Heights Addition, Blk 12 W50' Lot 1
2
615E Baltimore Avenue Hyde Park Addition, Blk 2, Lot 39
1441 E Baltimore Avenue Highland Park Addition, Blk 60, Lot 15
1055 Bransford Street McConnell Addition, Blk 6, Lot 75
3016 Canberra Court Southport Addition, Blk G, Lot 2
1220E Davis Avenue Vickery Southeast Addition, Blk 3, Lot 5
3221 Grayson Street Masonic Home #2 Addition, Blk 3 E'/2 Lot 10
2501 Oxford Avenue Diamond Hill Addition; Blk 42, Lot 20
1424E Richmond Avenue Highland Park Addition, Blk 60, Lot 7
1812E Tucker Street Glenwood Addition, Blk 20, Lot 4
5424 Wellesley Avenue Chamberlain Arlington Hts 2nd
Blk 46, Lots 27 & 28
5721 Whittlesey Road Wilkes Estates Addition, Blk 5, Lot 5
SECTION 3 Limitation on Acceptance of Applications
A.
B
Except as otherwise provided herein, after the effective date of, and extending for
the duration of this ordinance, no employee, officer, agent, department or
commission of the City shall accept for filing applications for a permit for
construction of any structure on the Property, except for applications for permits
to construct one-family dwellings and accessory structures, including garages,
fences, and similar structures.
The Director of Development, building official, or other City official responsible for
reviewing applications for building permits on the Property shall determine
whether the application is subject to the moratorium Acceptance of an
application for the limited purpose of such review shall not constitute filing of the
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application In the event that the official determines that an application is subject
to the moratorium, the official shall take no further action on the application and
shall return the application, together with any proffered application fee, to the
applicant with the notification that the application will not be accepted for filing or
further processing for the duration of this ordinance and any extension thereof
SECTION 4. Term of Ordinance
Unless extended by the City Council, this ordinance shall continue in effect until
March 15, 2000, at 11 59 p m , or until the City Council terminates .the moratorium,
whichever occurs first.
SECTION 5. Cumulative Effect
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions
of this ordinance are in direct conflict with the provisions of such ordinances and such
Code, in which event such conflicting provisions of such ordinances and Code are
hereby suspended for the period during which this ordinance is in effect.
SECTION 6. Severabilitv
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 final decree of a court of
competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance, since the same would have been enacted by the City Council without the
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incorporation herein of any such void, ineffective or unconstitutional phrase, clause,
sentence, paragraph or section
SECTION 7 Effective Date
This ordinance shall be in full force and effect from and after its passage, and it is
so ordained
APPROVED AS TO FORM AND LEGALITY
~~~~
Assistant City Attorney
DATE N_ __ l b, l g 9 g
ADOPTED ~6' l ~ , ~ J g 9
EFFECTIVE ~ _.__ ~ 6, l g g 9
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City of Fort Worth, Texas
~1-~Ayar And Caunc~l Cammun~cAt~an
DATE REFERENCE NUMBER LOG NAME PAGE
11/16/99 L-12666 02PLUS 1 of 3
SUBJECT AUTHORIZE INITIATION OF REZONING OF CITY-OWNED TAX FORECLOSURE
A
SURPLUS PROPERTY, ENACTMENT OF MORATORIUM ON ISSUANCE OF BUILDING
PERMITS EXCEPT FOR PERMITS FOR ONE-FAMILY DWELLINGS, AND SALE OF
PROPERTY PURSUANT TO SECTION 272.001 OF THE TEXAS LOCAL GOVERNMENT
CODE
RECOMMENDATION
It is recommended that the City Council
1 Direct City staff to initiate rezoning of the 12 surplus tax-foreclosure lots described below from "B"
Two-Family to "A" One-Family; and
2 Direct City staff to notify each high bidder identified below that the City has initiated rezoning of the
property from "B" Two-Family to "A" One-Family and give each bidder the opportunity to purchase
the property at the bid amount or to withdraw the bid and receive a refund of all amounts paid to the
City; and
3 Adopt the attached ordinance placing a 120-day moratorium on acceptance of applications for
building permits for construction of any structure on the lots except one-family dwellings and
accessory structures, and
4 Approve the sale of the lots in accordance with Section 272 001 of the Texas Local Government
Code to the high bidders who elect not to withdraw their bids, and
5 As a condition of sale, require each purchaser to acknowledge in writing that he or she is aware of
the 120-day moratorium and the proposed rezoning, and
6 Authorize the City Manager to execute the appropriate deeds to those buyers who wish to complete the
purchase and have executed the acknowledgment described above, and
7 After completion of the rezoning, re-advertise for sale all properties for which the bids have been
withdrawn
DISCUSSION
Bids were received and opened on April 29, 1999, in accordance with state law and the policies
regulating the sale of City-owned surplus property A review of prospective bidders indicates they have
no outstanding taxes or liens within the City of Fort Worth
As a result of approval of the sale of these properties, Real Property Management will request the
release of existing labor and paving liens filed by the City so the properties may be conveyed free of
encumbrances from the City Real Property Management will also request the Tarrant County Tax Office
to proportionately reduce delinquent property taxes to the purchase amount tendered by the high bidder
(less court costs, City labor, paving liens and management fee) on the property described below
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City of Fort Worth, Texas
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C CA~municAt~an
DATE
11/16/99 REFERENCE NUMBER
L-12666 LOG NAME
02PLUS PAGE
2 of 3
SUBJECT AUTHORIZE INITIATION OF REZONING OF CITY-OWNED TAX FORECLOSURE
SURPLUS PROPERTY, ENACTMENT OF MORATORIUM ON ISSUANCE OF BUILDING
PERMITS EXCEPT FOR PERMITS FOR ONE-FAMILY DWELLINGS, AND SALE OF
PROPERTY PURSUANT TO SECTION 272.001 OF THE TEXAS LOCAL GOVERNMENT
CODE
Real Property Management postponed a request to convey these properties until the Planning Department
performed a review of the properties listed below The Planning Department notes that all of the
properties are zoned "B" Two-Family, but are located in areas that are predominantly developed for
single-family use The proposed 2000 Comprehensive Plan provides that the neighborhoods in which
each of the lots are located are proposed for single-family use Consequently, the Planning
Department has determined that the proposed "A" One-Family zoning is consistent with the future land
use designations for the neighborhoods in the proposed plan
Some high bidders wish to begin immediate construction of one-family homes on the lots If sale of the
property does not occur until rezoning is completed, the closings will be delayed for 60 to 90 days In
order to allow the City to sell the property immediately to buyers who wish to purchase the lots for
development of one-family dwellings, it is recommended that the City Councii place a moratorium on
construction of all structures on the property except one-family dwellings and accessory structures for
120 days
It is further recommended that City staff contact each high bidder named below and offer the bidder the
opportunity to withdraw his or her bid .and receive a full refund of all amounts paid to the City in
connection with the bid, or to purchase the property at the bid price Bidders who wish to purchase the
property should be required to acknowledge in writing that they are aware of the proposed rezoning
from "B" to "A" which, if approved, would prohibit the construction of two-family dwellings, and the 120-
day moratorium on acceptance of applications for building permits for any type of structure except one-
family homes and accessory structures
In the event that any of the bidders named below elects to withdraw his or her bid, staff should be
directed to re-advertise the property for sale
Property Min. Bid Bidder Bid Amount CD
2501 Oxford $ 700 Jesus Mata 700 2
4136 Avenue M $ 700 Tommie Hunter 800 5
615 `E Baltimore $ 700 Willie Strawther 1 800 8
1441 E Baltimore $ 700 NSE CDC 880 8
1055 Bransford $ 700 NSE CDC 880 8
~~ City of Fort Worth, Texas
~1-~t~y~r and L,aunc;l Cat~frtun;cAt~an
DATE
11/16/99 REFERENCE NUMBER
L-12666 LOG NAME
02PLUS PAGE
3 of 3
SUBJECT AUTHORIZE INITIATION OF REZONING OF CITY-OWNED TAX FORECLOSURE
SURPLUS PROPERTY, E NACTMENT OF MORATORIUM ON ISSUANCE OF BUILDING
PERMITS EXCEPT FOR PERMITS FOR ONE- FAMILY DWELLINGS, AND SALE OF
PROPERTY PURSUANT TO SECTION 272.001 OF THE TEXAS LOCAL GOVERNMENT
CODE
Propertv Min. Bid Bidder Bid Amount CD
3016 Canberra $3,000 Mitchell Boulevard 16 500 8
Development Corporation
Monarch Properties $14,354
N2 Homes $14,112
Pablo Ortiz $ 7,601
Jose Ontiveros $ 420
1220 Davis $ 700 Willie Strawther 1 000 8
3221 Grayson $ 700 Willie Strawther 710 8
1424E Richmond $ 700 Willie Strawther 2 010 8
1812E Tucker $ 700 Richard Carr 1 000 8
5424 Wellesley $2,700 Truman Rice 3 150 7
Monarch Properties $ 2,798
5721 Whittlesey $ 700 Lawrence Carlis $ 750 5
Ernest Thomas 750
FISCAL INFORMATION/CERTIFICATION
The Real Property Management Section of the Engineering Department is responsible for the collection
and deposit of funds from this sale
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Ramon Guajardo 6140 /ti~~~/ C®i `pIC~~
Originating Department Head: '
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Wade Adkins 7623 (from)
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Additional Information Contact: ~
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Wade Adkins 7623
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