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HomeMy WebLinkAboutOrdinance 12265i ORDINANCE NO ~~ AN ORDINANCE ESTABLISHING A MORATORIUM ON THE DEMOLITION OR RELOCATION OF CERTAIN HISTORICALLY SIGNIFICANT STRUCTURES IN THE CITY OF FORT WORTH AND ON THE ISSUANCE OF PERMITS 1FOR SUCH DEMOLITION OR RELOCATION, WHICH MORATORIUM SHALL REMAIN 1N EFFECT FOR EACH BUILDING UNTIL MIDNIGHT ON FEBRUARY 19, 1996 OR UNTIL A DECISION BY THE CITY COUNCIL CONCERNING DESIGNATION OF SUCH BUILDING AS DEMOLITION DIELAY, WHICHEVER IS EARLIER, PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF FORT WORTH; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 2-G of the Comprehensive Zoning Ordinance of the City of Fort Worth, being Ordinance No 3011, as amended, provides that the City Council may designate historically or architecturally significant structures as "Demolition Delay" WHEREAS, the City Council designated 211 structures as Demolition Delay on November 14, 1995; WHEREAS, the City Council will consider the designation of 10 additional structures as ~bemolition Delay on December 12, 1995, WHEREAS, the Council removed seven structures which were nominated for designation as Demolition Delay from the November 14, 1995 agenda so that additional notices could be sent to the owners of such structures prior to consideration of the Demolition Delay designation by the Zoning Commission and/or the City Council, WHEREAS, the 10 structures which will be considered by the Council on December 12, 1995 and the seven structures which will be considered by the Zoning Commission and/or the City Council after further notification to the owners are subject to restrictions on demolition or relocation which will terminate on or about November 22, 1995, WHEREAS, the Council wishes to maintain the status quo concerning such structures pending the Council's determination concerning designation of such structures as Demolition Delay, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1 Pursuant to the valid exercise of the police power granted to the City of Fort Worth, a moratorium is hereby imposed on the demolition or removal of the following structures, which are under consideration for designation as Demolition Delay, and on the issuance of City permits for the demolition or removal of such structures 411 W 7th Street (Neil P Anderson Bldg ) 200 W Belknap Street (Criminal Courts Bldg.) 100E Weatherford Street (Courthouse) 100-300 N Main (TU Electric) ,4~ 120 W Exchange (Stockyards National Register District) 1303 Grand Avenue 2308 Winton Terrace East (Hanger House) 800 Calhoun Street (Binyon O'Keefe) 219 S Main Street (Regian) 501-07 E Broadway (Industrial) 600 Alta (Leonard House) 1301 Summit Avenue (Bewley-Ellison House) 811E Bluff Street (Samuels Avenue) 118-20 East Exchange Avenue (Stockyards National Register District) -2- 2445 North Commerce Street (2445 Rodeo Plaza) (Stockyards National Register District) 3318 Avondale (Freese House) 11101 Broad Avenue (Berney House) None of the buildings identified above shall be demolished or removed nor shall permits be issued for such demolition or removal during the period of such moratorium Such moratorium shall remain in effect for each structure until midnight on February 19, 1996 or until a decision by the City Council concerning designation of such building as Demolition Delay, whichever is earlier SECTION 2. The owner of a structure which is affected by the moratorium imposed by this ordinance may, during the period of such moratorium, seek a permit for the demolition or removal of such structure by complying with Certificate of Appropriateness provisions which are contained in Section 2-G of the Comprehensive Zoning Ordinance, Ordinance No 3011 SECTION 3 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 Gode, in which event conflicting provisions of such ordinances and such Code are hereby repealed -3- SECTION 4 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 5 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 ($2,000.001 for each offense Each day that a violation is permitted to exist shall constitute a separate offense ~` SECTION 6 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 -4- 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 7 The City Secretary of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas SECTION 8 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 0'f 3, Texas Local Government Code SECTION 9 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 -5- APPROVED AS TO FORM AND LEGALITY• Gt~C.~Q~ ~ssl;City Attorney Date ~~ - o?~ - ~ ~ ADOPTED•_ ~~ ~ ~~ EFFECTIVE -6- ;.. ~,. City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NITMBER LOG NAME PAGE 11 /21 /95 G11310 12DEM0 1 of 2 SIIBJECT ADOPTION OF ORDINANCE ESTABLISHING MORATORIUM ON DEMOLITION OR RELOCATION OF CERTAIN HISTORIC STRUCTURES RECOMMENDATION It is recommended that the City Council adopt the attached ordinance which establishes a moratorium on the demolition or relocation of certain historically significant structures and on the issuance of City permits for such demolitions or relocations DISCUSSION On November 14, 1995 the City Council approved the designation of eight structures as Highly Significant Endangered and 211 structures as Demolition Delay under the City's historic preservation ordinance In addition, the Council set special hearings on the six structures that were recommended by the Zoning Commission for denial of the Demolition Delay designation and continued the hearings on the four structures nominated for Demolition Delay for which protests have been filed by the property owners These hearings will be held on December 12, 1995 On City staff's recommendation the Council removed 25 structures from consideration at the November 14, 1995 hearing Three of the structures were removed because they are already designated as Historic and Cultural Landmarks under the historic preservation ordinance The remaining 22 structures were removed so that staff could provide additional notice to the owners of such structures prior to consideration of the proposed Demolition Delay zoning change by the Council After additional notice is given, seven of these properties will be brought directly to the Council for cons.~deration, or returned to the Zoning Commission, and the remaining 15 properties will be returned to the Landmarks Commission for consideration The seven structures that were removed from the agenda so that they can be considered by the Zoning Commission and/or the Council at a later date and the 10 properties that were set for special hearing are subject to restrictions on demolition which will terminate on or about November 22, 1995 Accordingly, unless the Council adopts a moratorium on the demolition of these buildings pending the Council's decision on the proposed Demolition Delay designations, the owners would be able to obtain a permit to demolish such buildings The attached ordinance would establish a moratorium for these buildings, which would terminate for each building on February 19, 1996 or upon a decision by the City Council concerning designation of the building as Demolition Delay, whichever is earlier Some of the buildings will be considered by the Council on December 12, 1995 It is anticipated that the remaining buildings will be considered by the Zoning Commission at its December 13, 1995 meeting and by the Council at its January 9, 1996 Council meeting Adoption of a moratorium ending on February 19, 1996 would allow for a continuance by the Zoning Commission or the City Council should this prove to be necessary City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME YACi15 11 /21 /95 G11310 12DEM0 2 of 2 SUBJECT ADOPTION OF ORDINANCE ESTABLISHING MORATORIUM ON DEMOLITION OR RELOCATION OF CERTAIN HISTORIC STRUCTURES FISCAL INFORMATION/CERTIFICATION The Director of Fiscal Services certifies that the recommended action does not require the expenditure of any City funds CB a Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) ~~f" ~~ i"' ~aA Ramon Guajardo 6140 ~iTY ~~~~~ Originating Department Head. I~Q~ ~1 Wade Adkins 7623 (from) ~x/,~+t.t~ ~.~,~ For Additional Information Clt~r ~retary of ihp ~t ~tsxt ~®a~t, 7R°e~4S ~6E Contact: ~ Marcella Olson 7631