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HomeMy WebLinkAboutOrdinance 13217ORDINANCE NO ~ .~~ l AN ORDINANCE ADOPTING A 180 DAY MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR ZONING OR DEVELOPMENT OF CERTAIN PROPERTIES SCHEDULED FOR DEMOLITION, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Building Standards Commission has declared certain substandard structures in the City of Fort Worth to be nuisances and the City Council has awarded contracts for the demolition of such structures, WHEREAS, the Department of Planning and Growth Management has determined that some of the structures scheduled for demolition are zoned in a manner that is not in compliance with the City's comprehensive plan or that is incompatible with surrounding properties, WHEREAS, redevelopment of such properties in accordance with the existing zoning designations could cause adverse impacts on surrounding property; WHEREAS, it is the intention of the City Council to initiate rezonings in cases where the current zoning designation is inappropriate, WHEREAS, it is advisable to maintain the status quo pending possible rezoning of such properties, by temporarily prohibiting development of the properties or rezoning of such properties by parties other than the City of Fort Worth, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS. SECTION 1. Acceptance or processing by the Department of Development of applications relating to the development of the properties described below, including without limitation zoning applications, platting applications, Unified residential site plans and building permit applications, shall be prohibited for a period of one hundred eighty (180) days from the effective date of this ordinance, or until this ordinance is repealed, whichever comes first, except as permitted under Section 2 The affected properties are the following Address Legal Description 1 1401 E Leuda Street Glenwood Addition, Block 5, Lot 6 2 1137E Bessie Street Union Depot Addition, Block 21, Lot 11 3 951 E Broadway Avenue J C Terrell Subdivision, Block 2, Lot 1 4 1532E Hattie Street Glenwood Addition, Block 9, Lot 9 SECTION 2 The one hundred eighty (180) day moratorium shall not apply to rezonings of such properties that are initiated by the City of Fort Worth SECTION 3 This ordinance shall be in full force and effect until such time as the City Council adopts an ordinance repealing same or until one hundred eighty (180) days from the effective date of this ordinance, whichever comes first. SECTION 4 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 2 .. ~ ~ ~' fi 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 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 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 enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section SECTION 6. This ordinance shall be in full force and effect from and after its passage APPROVED AS TO FORM AND LEGALITY ~~ Assistant City Attorney Date ~ ~` ~ ~ ~~ ADOPTED ,^/~- ~ Z 7 EFFECTIVE 1 f - `~ - ~~ 3 City of Fort Worth Texas Mayor and Council Communication 10/21 I97 G-12042 12PROP I 1 of 2 SUBJECT AUTHORIZING CITY MANAGER TO INITIATE REZONING OF CERTAIN SUBSTANDARD PROPERTIES AND ADOPTING MORATORIUM ON ACCEPTANCE OF APPL.fCATIONS FOR REZONING OR DEVELOPING PROPERTIES RECOMMENDATION It is recommended that the City Council 1 Adopt the attached ordinance which would establish a 180 day moratorium on acceptance of applications by the owners to rezone or develop the following substandard properties 1 137E Bessie St., 951E Broadway Ave , 1532E Hattie St and 1401 E Leuda St, and 2 Authorize the City Manager to initiate rezoning to "A" single family of the following properties 1137 E. Bessie St , 951E Broadway Ave , 1532E Hattie St ,and 714 Kentucky, and 3 Authorize the City Manager to initiate rezoning to ".B" two-family of the following properties 1401E Leuda St and the portion of 3851E Lancaster that is presently zoned "C" DISCUSSION On October 2, 1997, the City Council awarded contracts for the demolition of seven substandard properties which have been declared to be nuisances by the Building Standards Commission The Department of Planning and Growth Management has reviewed the zoning designations for each of the buildings and has determined that in some cases the current zoning designation is not compatible with surrounding land uses and is not compatible with the City's comprehensive land use plan The seven buildings for which demolition contracts were awarded, the current zoning designations, and the proposed zoning designations are as follows Property Address District Current Zonina Proposed Zoning 1 137E Bessie St. 8 "C" multi-family "A" single family 951E Broadway Ave 8 "C" multi-family "A" single family 1532E Hattie St. 8 "C" multi-family "A" single family 1401E Leuda St 8 "D" multi-family "B" two family 1613-1617 E Rosedale St. 8 "E" commercial no change 1627 Amanda Ave 5 "B" two-family/ no change "E" commercial 931 S Main St $ "J" Industrial no change Printed on Ae~yded Paper City of Fort Worth, Texas Mayor and Council Communication DATE RELpERENCE NUIdBER LOG NAIL PAGE 10/21 /97 G-12042 12PROP 2 of 2 SUBJECT AUTHORIZING CITY MANAGER TO INITIATE REZONING 'OF CERTAIN SUBSTANDARD PROPERTIES AND ADOPTING MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR REZONING OR DEVELOPING PROPERTIES The demolition of the building at 1401 E Leuda has been placed on hold, pending a determination of whether the building is historically significant and can be rehabilitated In the event that the building is successfully rehabilitated for a specific use, it may be necessary to seek a rezoning from the "B" designation at a later date In addition to the seven buildings for which the Council has approved demolition contracts, the Building Standards Commission has ordered two properties owned by the City to be demolished The City Council has not awarded contracts to demolish these buildings City-owned buildings, the current zoning designations, and proposed zoning designations are as follows Property Address District Current Zoning Proposed Zoning 714 Kentucky Ave 8 "C" "A" 3851E Lancaster Ave 8 "C"/"E" "B"/"E" FISCAL INFORMATION/CERTIFICATION The Director of Fiscal Services certifies that this action will have no material effect on City funds CBf Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (~) Ramon Guajardo 6191 ~~~~ }^~i ~~~ I Originating Department Head: ~j{,J ~~V ~ ~~ Wade Adkins 7623 (from) 6~ ~"~ For Additional Information ~'~pf'i Contact: ~~~~~ Wade Adkins 7623 Printed on Recyded Paper At~Qp~':E~ ~~~~~~~~~ !'~~a :+J"` - .,'7