HomeMy WebLinkAboutOrdinance 12179ORDINANCE /~1~9'
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
AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS";
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 by Downtown Fort Worth Initiatives, Inc 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 alf 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,
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 Commissiony,
WHEREAS, Downtown Fort Worth Initiatives, Inc has advised City Staff that
the legal descriptions provided to the City in order to describe all lots depicted on the
map approved by the .Zoning Commission were incomplete,
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
I
Z-95-055 Lots 1 A & 2A, Moore-Thornton Strips
From "J" Light Industrial District to "D" Multi-Family District
(900 Block 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
-2-
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 unconstitutiona! 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 ($2,000 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 $
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
-3-
APPROVED AS TO FORM AND LEGALITY.
~ O
City ttorney
Date _~, ~ 1 q~ l g 9 S
ADOPTED ~ q ~ ~ q
EFFECTIVE
-4-
City of Fort Worth, Texas
Mayor and Council Communication
TE REFERENCE LOG NAME
N[TMBER P~1840
'AGE
09/19/95 06SUPPLE 1 of 2
sIIS,~cT SUPPLEMENTAL ZONING ORDINANCE TO CASE NO Z-95-055 (900 BLOCK 4TH
STREET)
RECOMMENDATION
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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 The City
Council approved the rezoning request on July 25, 1995, adopting the list of tracts included in
the Zoning Commission's minutes
Subsequently, Downtown Fort Worth Initiatives, Inc advised City staffthat the legal descriptions
provided to staff in order to describe all lots depicted on the map approved by the Zoning
Commission were incomplete and provided additional legal descriptions to staff Y
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Mayor and Council Communication
DATE REFERENCE LOG NAME PAGE
NUMBER P~1840
09/19/95 06SUPPLE 2 of 2
SUBJECT SUPPLEMENTAL ZONING ORDINANCE TO CASE NO Z-95-055 (900 BLOCK 4TH
STREET)
Staff published a supplemental notice of public hearing for these additional tracts on Wednesday,
August 30, 1995, in order to comply with notice requirements under state law The attached
ordinance provides for approval of these additional lots This ordinance represents the second
supplement to Ordinance No 12058 The first supplemental zoning ordinance was adopted by
the Council on September 12, 1995 It is anticipated that an additional supplemental ordinance
will be presented to the Council on October 3, 1995
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to) - _-_.__
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