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Home My WebLink AboutOrdinance 13528ORDINANCE NO. ~ ~ AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 3011, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, TO AMEND THE BOUNDARIES OF THE WILL ROGERS MEMORIAL COMPLEX AREA IN ORDER TO PROVIDE THAT SEXUALLY ORIENTED BUSINESSES SHALL NOT BE PERMITTED WITHIN 1,000 FEET OF THE AREA BORDERED BY UNIVERSITY DRIVE, CAMP BOWIE BOULEVARD, MONTGOMERY STREET AND RAREFY AVENUE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Sections 18A, 18B and 18C of the Comprehensive Zoning Ordinance of the City of Fort Worth regulate the location and licensing of sexually oriented businesses, WHEREAS, pursuant to Sections 18A, 18B and 18C, sexually oriented businesses are prohibited in or within 1,000 feet of a designated historic/cultural district, as defined therein, WHEREAS, convincing documented evidence and experience in the City have shown that sexually oriented businesses may have a detrimental effect on churches, schools, parks, residentially zoned property and historical/cultural areas in proximity to such establishments, causing undesirable secondary effects including increased crime and the downgrading of property values, WHEREAS, the purpose of prohibiting sexually oriented businesses within -~- designated historical/cultural districts or within 1,000 feet of such districts is to combat detrimental secondary effects from sexually oriented businesses in areas frequented by citizens of and visitors to the City and to promote the health, safety and general welfare of citizens of and visitors to the City; WHEREAS, "designated historical/cultural district" is defined as the Central Downtown Business area, the Will Rogers Memorial Complex area, and the Stockyards Historic area, as described in maps attached to Section 18A as Exhibits "18A-1 ", "18A-2", and "18A-3", respectively; WHEREAS, the Will Rogers Memorial Complex area as shown on Exhibit "18A-2" is defined generally as the area bordered by West Lancaster Avenue on the north, Montgomery Street on the west, Harley Avenue on the south and University Drive on the east; WHEREAS, the Will Rogers Memorial Complex area, as currently defined in Exhibit "18A-2", includes the Will Rogers Complex, the Modern Art Museum and the Fort Worth Museum of Science and History, but does not include the Kimbell Art Museum and the Amon Carter Museum located north of West Lancaster Avenue, WHEREAS, the Kimbell Art Museum and the Amon Carter Museum are important attractions for citizens of the City and visitors to the City; WHEREAS, a new Modern Art Museum wilt be constructed at the southwest corner of University Boulevard and Camp Bowie Boulevard, -2- WHEREAS, the map of the Will Rogers Memorial Complex area attached to Section 18A as Exhibit "18A-2" should be amended by changing the northern boundary from West Lancaster Avenue to Camp Bowie Boulevard and extending the eastern boundary along University Drive from West Lancaster Avenue north to Camp Bowie Boulevard, in order to include the Kimbeli Art Museum, the Amon Carter Museum and the future location of the Modern Art Museum, WHEREAS, the purpose of such amendment is to prohibit the establishment of sexually oriented businesses in or within 1,000 feet of this area, in order to combat adverse secondary effects from sexually oriented businesses in this area, WHEREAS, the City Council specifically finds that all previous findings made in connection with the enactment of Ordinances 9780, 9957, 10788, 11474, 11475 and 11476, including but not limited to findings concerning the Council's intent in adopting the ordinances, the adverse secondary effects caused by sexually oriented businesses, and the existence of sufficient alternate locations within the City of Fort Worth, are applicable to this ordinance as well, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. The definition of "Designated Historical/Cultural District" contained in Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, -3- Section 18A, "Sexually Oriented Businesses," Subsection G, "Definitions", is hereby amended by substituting the map of the Will Rogers Memorial Complex area attached hereto as Exhibit "18A-2" The amended map extends the northern boundary of the Will Rogers Memorial Complex area from West Lancaster Avenue to Camp Bowie Boulevard and extends the eastern boundary along University Drive from West Lancaster Avenue north to Camp Bowie Boulevard SECTION 2. 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 conflicting provisions of such ordinances and such Code are hereby repealed SECTION 3. 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 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, .paragraphs and sections of this ordinance, since the same would have been -4- enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section SECTION 4. 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 ($2,000 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No 3011 or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance, and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION- 6. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52 013, Texas Local Government Code -5- SECTION 7. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained APPROVED AS TO FORM AND LEGALITY: ~~~ ~ Assistant City Attorney Date. ~ a ~ I ~ 4 ~ ADOPTED• ~~"''~ ~ y , i ~ g g -6- 7 8~ 1 2' ST / S T 8 TR16 1 2 3 1 6 7 8 9 'I/ IS 16 I7 IB 2 3 a S 6 6R N 11 12 IS 11 2 18R or~R~ M~NtGY .R+ SuR ~ 0 IR.2 ~ , { aIRT 16R A e 2 s la 1 10 9 8 7 8 3 1 3 2 1 10 9 8 7 6 3 1 2 19 la Il IB IS I+ 17 12 II P O . ~ ~~~ H 11 GO~~~Gv ~(~,~PS 1 11 ` IR G 111 ~( Y OC \ Ot G~ LL 12 ~~ y t., ~~~~ ~~ Ilj~~' ~~ ~~~ttiN ±' ~.M y-~ ^ ' FORT MORTH ART MUSEUM KiMBELL ~~~ 20 I = '' POp • _, I z 3/ s a 7 TR.3 , /' 1 ^ 3 2 ' IB 17 1{ l3 U IS 1. S a TR.2a iR.2 W ' ~ ^ 1 2 3 1 5 6 7 o ' TR.2A ^' 18 17 18 IS 1.1 IS 12 FvISD SITE ~ f 1 2 3/ s a l MUSEUM ' ¢ , W > ^ j ~ la 17 16 IS la i3 12 ~ v ~. ^ ~~ . ^ VFCI i WILL ROGERS CASA MANANA COMPLEX GPI d, 2 17 ^ 1a ~ IS ^ IS 1 ' M /A 12 ^ TR.t { . 1 P~o~ 0 0 E ^ ST 0 N ' ^ ' ~D~P e 2 a / N 0 F ~ 8 f ^ FORT WORTH MUSEUM OF na a n l0 9 e 7 1 SCIENCE 3 HISTORY ^ ^ 1 7 • 4 A 3 2 t , 2 a /. 3 6 7 9 10 1 2 a t S 6 7 8 9 10 1 2 3 a 1 I9 t9 20 21. 22 23 2+ , 19 19 17 16 IS la la 12 11 20 19 t{ 17 16 IS la IS 12 II 9 7 6 S ^ + i l { S~ A a 2 1' I 2 3 1 S 6 7 { 9 10 1~ 2 3 / S 8 7 S 10 f 2 3 a ',' 1 ', ~ IB 19 20 21 2+ ' 0 19 IS I7 16 t3 I/ t3 li It 20 I9 9 I7 16 1 i 13 t2 11 S 7 6 S ~, AYE. , 7 6 S I a 2 t. ~ N t 2 a/ 3 6 7 B 9 1 I9 ~ +0 21 22 23 t1 0 t9 IS 7 IB IS I/ 13 12 11 IA2 EXHIBIT 18A-2 "WILL ROGERS MEMORIAL COMPLEX AREA" 1 I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 to + S z l _ 1 II 1' '1 11 IS I6 17 i8 19 20 11 12 13 1+ IS 16 17 19 19 20 ~ 13R I6 17 / yg T 11 s{ 7 e 9 to I s ~ SA 2 3 + { A ., , IB 3 ~ a 3 2 1 / + ~ • I B 7 6 3 O~vO • '' { 7 sa sc 3 2 g0 ~ ~, zo ~ 3 s 8 S a ''' a 7 y '~ r 17 i6 IS t1 IS I 11B 10 9 21 2 ~'' , > la zo le •' ~'~•~ ' 2 1 1` ~~ ^ - ^~ .' -' ~'' ~ ''~ ~' SCALE. 1 "=400' FARR TRII N