HomeMy WebLinkAboutOrdinance 12170ORDINANCE ~®
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE, ORDINANCE NO 3011, AS AMENDED, SAME BEING AN
ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND
USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY,
RESIDENCE OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES
AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF
YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND
LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH
PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH
NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO
CARRY OUT THESE REGULATIONS AND SHOWING SUCH DISTRICTS
ANDTHEBOUNDARIESTHEREOFUPON "DISTRICTMAPS", PROVIDING
FOR INTERPRETATION, PURPOSE AND CONFLICT, PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES,
PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY
CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING FOR
PUBLICATION AND NAMING AN EFFECTIVE DATE
WHEREAS, on July 12, 1995, the Zoning Commission of the City of Fort Worth
recommended approval of a request for rezoning certain tracts on 1st, 2nd, 3rd and
4th Streets from "J" Light Industrial to "D" Multi-Family under Cause No Z-95-055,
WHEREAS, all tracts which were requested to be rezoned were reflected on a
map which was served on all property owners within 200 feet of the property, in
accordance with state law and City policy, and which was considered by the Zoning
Commission in recommending approval of the proposed rezoning,
WHEREAS, the minutes of the Zoning Commission recommending approval of
Cause No Z-95-055 included the legal descriptions of 32 lots and an additional 100'
by 300' strip on East 4th Street, but erroneously failed to describe all tracts included
in the proposed zoning change, as reflected on the map which was provided to
neighboring property owners and considered by the Zoning Commission,
WHEREAS, the City Council adopted Ordinance No 12058 approving the
requested zoning change on July 25, 1995, which included the same legal description
contained in the minutes of the Zoning Commission, which inadvertently excluded
certain tracts,
WHEREAS, it is necessary that the City Council adopt a supplemental zoning
ordinance containing additional legal descriptions in order to describe the tracts
rezoned from "J" Light Industrial to "D" Multi-Family,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS
SECTION 1
That Ordinance No 3011, as amended, be and is hereby amended so that the
permitted uses in the hereinafter described areas be altered, changed, and amended
as follows
Z-95-055 Lots 22A, 23A, 23B, Block 30, and Lots 3A, 4A, 4B, 5A & 5B, Block
90, Fort Worth Original Town Addition, Lots 4B, 13B & 14B, Block 4,
and Lots 5A & 9, Block 6, Gillion-Crump Addition, Lot 2A, Block 19 and
Lot 4, Block 20, Moore Thornton Co Addition, and Lots 1 C, B & 2D,
Moore-Thornton Strips
From. "J" Light Industrial District to "D" Multi-Family District
(900 Block of 1st Street, 800-900 Blocks of 2nd Street, 800 Block of
3rd Street, 800-1200 Blocks of 4th Street)
SECTION 2
That the zoning regulations and districts, as herein established, have been made in
accordance with the comprehensive plan for the purpose of promoting the health,
safety, morals and general welfare of the community They have been designed to
lessen congestion in the streets, to secure safety from fire, panic, flood and other
dangers, to provide adequate light and air, to prevent overcrowding of land, to avoid
undue concentration of population, to facilitate the adequate provisions of
transportation, water, sewerage, parks and other public requirements They have been
made after full and complete public hearing with reasonable consideration, among
other things, of the character of the district and its peculiar suitability for the particular
uses and with a view of conserving the value of a building and encouraging the most
appropriate use of land throughout the community
SECTION 3
That this ordinance shall be cumulative of all other ordinances and of the City of Fort
Worth affecting zoning and shall not repeal any of the provisions of such ordinances,
except in those instances where provisions of such ordinances are in direct conflict
with the provisions of this ordinance
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SECTION 4
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to
any and all violations of Ordinance No 3011 or of any amendments thereto that have
accrued at the time of the effective date of this ordinance, and as to such accrued
violations, and all pending litigation, both civil or criminal, same shall not be affected
by this ordinance but may be prosecuted until final disposition by the courts
SECTION 5
That 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 decree of any court of
competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of
this ordinance, since the same would have been enacted by the City Council without
the incorporation herein of any such void, ineffective or unconstitutional phrase,
clause, sentence, paragraph or section
SECTION 6
That 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 (52,000 00) for each
offense Each day that a violation is permitted to exist shall constitute a separate
offense
SECTION 7
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish
this ordinance for two (2) days in the official newspaper of the City of Fort Worth,
Texas, as authorized by V T C A Local Government Code Subsection 52 013
SECTION 8
That this ordinance shall be in full force and effect from and after the date of its
passage and publication as required by law, and it is so ordained
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APPROVED AS TO FORM AND LEGALITY
CJ~,.~,X-C~-
City ttorney
Date
ADOPTED ~/~~o~ ~~~
EFFECTIVE
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City o, f'Fort Wort~i, ~'exas
Mayor and Council Communication
DATE
09/12/95 REFERENCE NUMBER LOG NAME
*#PZ-18:i 06SUPPLE PAGE
1 of 1
svBJECT SUPPLEMENTAL ZONING ORDINANCE TO CASE NO Z-95-055 (900 BLOCK 1ST
STREET, 800-900 BLOCKS 2ND STREET, 800 BLOCK 3RD STREET AND 800-1200
BLOCKS 4TH STREET
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance supplementing Ordinance
No 12058 adopted on July 25, 1995 This matter relates to a request by Downtown Fort Worth
Initiatives, Inc to rezone several tracts on 1st Street, 2nd Street, 3rd Street and 4th Street from
"J" Light Industrial to "D" Multi-Family for the development known as "Rock Island" or "Hillside"
DISCUSSION
The zoning change request for this development has included approximately 100 lots and
portions of lots In an effort to accommodate Downtown Fort Worth Initiatives, Inc , the
Development Department allowed the company to supplement its rezoning applications on a day-
by-day basis in order to include additional Lots as they became subject to purchase options
These lots were presented to the Zoning Commission for approval in two groups at its June and
July meetings Thereafter, Council approved Z-95-044 on July 11, 1995 and Z-95-055 on July
25, 1995
At the July 12, 1995 meeting, the Zoning Commission was provided with a map for Z-95-055
which outlined all tracts subject to the rezoning request, This map was also mailed to property
owners within 200 feet of the property, as required by state law The Zoning Commission
recommended approval of the request to rezone all tracts reflected on the map The minutes
recommending approval of the request listed the legal descriptions of the tracts However, one
of the supplemental lists of tracts was inadvertently excluded from. the minutes Accordingly,
the minutes did not contain a complete list of the tracts reflected on the map The City Council
approved the rezoning request on July 25, 1995, adopting the incomplete list of tracts included
in the Zoning Commission's minutes
Staff published a supplemental notice of public hearing for these additional tracts on Sunday,
August 27, 1995, in order to comply with notice requirements under state law The attached
ordinance provides for approval of these additional lots
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
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Ann Kovich 8901 ~~~i ~ ~,~~~~~~
Originating Department Head:
CEP l~ 1995
Ann Kovich 8901 (fmm)
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For Additional Information Cif ~~~ "~
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Contact:
Ann Kovich 8901