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HomeMy WebLinkAboutOrdinance 12199ORDINANCE ~~~ 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 ANDTHE BOUNDARIESTHEREOFUPON "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 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 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 City Council adopted Ordinance No 12058 approving the requested zoning change on July 25, 1995, WHEREAS, the title company that is insuring the purchase of the lots has advised Downtown Fort Worth Initiatives, Inc that the legal description of one of the lots contained in Ordinance No 12058 is inconsistent with the title company's records, WHEREAS, Downtown Fort Worth Initiatives, Inc has requested that the City Council adopt an ordinance supplementing Ordinance No 12058 in order that the description of the rezoned lot will be consistent with the title company's records, 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 Lot 5A, Block 4, Gillion -Crump Addition From "J" Light Industrial District to "D" Multi-Family District (900 Block of 3rd 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 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 -2- 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 shat( 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 APPROVED AS TO FORM ND LEGALITY City Attorney Date ~ ~ ADOPTED ~~ .,~ 9~S EFFECTIVE: -3- City of Fort Worth Texas Mayor and Council Communication DATE 10/03/95 RSFERENCS NUMBER LOG NAMS 12BLOCK PAGE 1 of 1 SUBJ$CT SUPPLEMENTAL ZONING ORDINANCE TO CASE NO Z-95-055 (900 BLOCK 3RD 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 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 was advised by the title company which is providing title insurance in connection with purchase of the lots that one of the legal descriptions in the zoning ordinance adopted by the Council is incorrect The attached ordinance will make the legal description of one of the lots on the map approved the Zoning Commission and the Council consistent with the title company's records CB a Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) AP~ROV~a Charles Boswell 8511 CITY COUNCIL Originating Department Head: OCl' ~ "i9 Wade Adkins 7623 (from) ~~~ ~ For Additional Information ~t-t/ ' Secretmmry of thm Cit Contact: y City of Fort Worlh, TeXas Marcella Olson 7631 /adopted Ordinance ~'o,