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HomeMy WebLinkAboutOrdinance 22274-06-2016 ORDINANCE NO. 22274-06-2016 AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 17154 AS AMENDED, CODIFIED AS CHAPTER 31 "SUBDIVISION ORDINANCE" OF THE CODE OF THE CITY OF FORT WORTH, TO AMEND ARTICLE V, "SUBDIVISION GENERAL STANDARDS", SUBSECTION 31-81(B)(5) TO INCORPORATE FORM-BASED AND DESIGN OVERLAY DESIGN/DEVELOPMENT STANDARDS AND GUIDELINES BY REFERENCE INTO THE SUBDIVISION ORDINANCE AND REMOVE CONFLICTING LANGUAGE; AND TO AMEND ARTICLE VI, "SUBDIVISION DESIGN STANDARDS," SUBSECTION 31-106 TO CHANGE STREET CLASSIFICATIONS TO STREET TYPES AND TO MODIFY THE TABLE OF GEOMETRIC STRET DESIGN STANDARDS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. WHEREAS, on September 12, 2006, the City Council of Fort Worth adopted Ordinance Number 17154 which combined the Subdivision Regulations of Chapter 31 of the City Code and the Plan Commission Rules and Regulations into one revised subdivision ordinance adopted by the City Council as Appendix C, "Subdivision Ordinance" to the City Code; and WHEREAS, on October 30, 2007, the City Council adopted Ordinance Number 17851 which repealed the contents of Chapter 31 "Subdivision Regulations", replaced with the contents of Appendix C, "Subdivision Ordinance" and repealed Appendix C; and WHEREAS, on May 3, 2016, the City Council adopted Ordinance No. 22191- 05-2016, which updated the Master Thoroughfare Plan ("MTP"); incorporated the MTP into the Comprehensive Plan; and adopted a Complete Streets Policy; and Section 31-81(b)(3)& 31-106 amendments Ordinance No.22274-06-2016 Page 1 of 6 WHEREAS, the 2016 Master Thoroughfare Plan (MTP) shifts the emphasis from street classifications, which are solely based on traffic volumes and speeds, to street types that reflect respective land use contexts and the Complete Streets Policy; and ; and WHEREAS, Section 31-106, "Street Design Standards," of the Subdivision Ordinance, includes street classifications from the 2009 Master Thoroughfare Plan; and ; and WHEREAS, it is advisable to remove conflicts between the Subdivision Ordinance and the newly adopted 2016 Master Thoroughfare Plan; and WHEREAS, said changes to the Subdivision Ordinance will apply to new applications; and WHEREAS, since 2006 the City Council of Fort Worth has adopted zoning ordinances establishing the Trinity Uptown District, the Near Southside District, the Camp Bowie District and the Trinity Lakes District, Urban Design District-Downtown and mixed-use and urban residential zoning and their respective design/development standards and guidelines which are applicable to certain development projects within those districts and overlays; and WHEREAS the Subdivision Ordinance of the City of Fort Worth has previously been amended to include the Trinity Uptown Design Standards and Guidelines and Near Southside Development Standards and Guidelines by reference; and WHEREAS, in order to support the development goals for the various form- based and design overlay districts, it is advisable for the City Plan Commission to recommend approval the incorporation by reference of the respective design/development standards and guidelines for each of the districts into the Subdivision Ordinance; and Section 31-81(b)(3)&31-106 amendments Ordinance No.22274-06-2016 Page 2 of 6 WHEREAS, the City Plan Commission has reviewed the above proposed amendments and recommends amending the Subdivision Ordinance as proposed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1. Chapter 31, "Subdivision Ordinance" of the Code of the City of Fort Worth, Texas (2015), as amended, is hereby further amended by amending Article V, "Subdivision General Standards"; Section 31-81, to revise subsection (b)(5). "Incorporation of adopted design standards and policy manuals", to read as follows: d. City Council adopted form based codes and/or design overlay zoning districts containing a regulating plan, street cross sections, or streetscape standards are hereby incorporated by reference as if fully set forth in these regulations and shall apply to those areas zoned with the appropriate zoning suffix. SECTION 2. Chapter 31, "Subdivision Ordinance" of the Code of the City of Fort Worth, Texas (2015), as amended, is hereby further amended by amending Article VI, "Subdivision Design Standards"; Section 31-106, "Street Design Standards" of, to revise subsection 31-106 in its entirety to provide for street types, replacing classification; to remove the street classifications for industrial streets; and to renumber other street types, to read as follows: Sec. 31-106 Street Design Standards (a) Street Types. The primary categorization for thoroughfares is the street type. Rather than categorizing thoroughfares solely on the basis of traffic volumes and speeds, the Master Thoroughfare Plan categorizations are designed to reflect streets' respective land-use contexts, and a balanced approach to the various transportation modes needing to use each street type. The Master Thoroughfare Plan includes five street types: activity street, commercial mixed-use street, neighborhood connector, commercial connector, and system link as follows: (1) Activity street. Activity streets are "destination streets." They are typically retail-oriented, with generous parkway widths and room Section 31-81(b)(3)&31-106 amendments Ordinance No.22274-06-2016 Page 3 of 6 for sidewalk cafes and other such features. Automobile speeds are slow, and lanes are slightly narrower than typical. Parking is typically on-street, and building facades front the street. Buildings are typically one to three stories high. Streets are typically in a grid pattern, diffusing traffic. Bicycles may share the street depending on speeds, but bike lanes are also used. (2) Commercial/mixed-use street. Commercial/mixed-use streets have a business flavor and can often be found downtown. Buildings are typically multi-storied and are often office/commercial-oriented, but may have residential uses on the upper floors. Buildings front on the street and on-street parking is common, but parking garages are also common - meaning automobiles are often turning to and from the street. Wide sidewalks are prevalent and are especially busy during rush hours and the lunch hour. Streets are typically in a grid pattern, diffusing traffic. Commuter transit is prevalent, and traffic speeds are fairly slow. Lanes are slightly narrower than typical. Bicycles are often accommodated by bike lanes. (3) Neighborhood connector. Neighborhood connectors provide access from neighborhoods to services. They are often run at the peripheries of residential areas, and landscaped medians are fairly common. Sidewalks or multi-use paths are typically separated from the street by a landscape buffer. Buildings (or residential fences) are generally set well back from the street. This street type is especially suited for on-street bicycle travel due to relatively infrequent driveways and cross-streets. Automobile speeds are moderate. (4) Commercial connector. Commercial connectors typically serve retail portions of the city. Many driveways may be present, and a mixture of medians and center turn lanes help to regulate movements to and from sites. Retail stores are generally separated from the street by surface parking lots. Automobile speeds are moderate to high. Bicycle facilities must be carefully designed due to the amount of driveways. Sidewalks are generally buffered from the street by landscaping. (5) System link. System links tend to emphasize longer-distance automobile traffic, often providing connections to freeways. Automobile speeds are moderate to high. Pedestrians and bicyclists are buffered from traffic as much as possible; multi-use off-street paths are common. System links always include raised medians to separate traffic directions and facilitate left turns. Most left turns occur at signalized intersections; access to driveways is typically via right turns. (6) Industrial Street (7) Collector Street (C). (8) Urban local (residential street) (UL). (9) Limited local (residential street) (LL). Section 31-81(b)(3)&31-106 amendments Ordinance No.22274-06-2016 Page 4 of 6 SECTION 3. Chapter 31, "Subdivision Ordinance" of the Code of the City of Fort Worth, Texas (2015) as amended, is hereby further amended by amending Article VI, "Subdivision Design Standards"; Section 31-106(b), "Table of Geometric Standards" of to revise the table in its entirety, removing columns for "Minor arterials (M4U)", "Major arterials (MA4D)", and "Principal arterials (P6D)", adding columns for "Where also found," "Collector-Standard Undivided (C)", "Collector-Standard TWLTL", "Industrial", and making other minor revisions as shown on Exhibit A. SECTION 4. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (2015), as amended, except where the provisions 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. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to Section 31-81(b)(3)&31-106 amendments Ordinance No.22274-06-2016 Page 5 of 6 any and all violations of the provisions of Code of the City of Fort Worth 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 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. 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 ($2000.00) for each offense. Each day that a violation exists shall constitute a separate offense. 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 52.013, Texas Local Government Code. SECTION 9. This ordinance shall take effect after adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: 4Y�^ A Melinda Ramos, ary J. e , Senior Assistant City Attorney City Secretary ADOPTED: June 14, 2016 EFFECTIVE: J Wei Section 31-81(b)(3)&31-106 amendments Ordinance No.22274-06-2016 Page 6 of 6 $ 2 $ 2 2 " @ ~ N U N O N C 00 V) V) V) CJ Vii N O 'fl m CL CL CL CL 2 0 Lr) v° n m V1 V1 V1 V) V) N z c� a w dm o F F- F- F- � $ $ c o o `^ o o o Uof ) lD �n vQ) N C v0) N N O� -4 U H u O J O ? V1 0 0 N N CJ C a r-I N r-I O� w N V1 p Q N J J u 04) U /1 J U U U Q C N 0 0 o m y o, '^ @) CU 'D u Ln a-i N N N N N N V . 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C vi = E EWA vv') Q) _0 bb > < m u X 4-- 0 < C7 O 2� 6 Z L L__C,�4-1 NN_m City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/14/2016 - Ordinance No. 22274-06-2016 DATE: Tuesday, June 14, 2016 REFERENCE NO.: L-15920 LOG NAME: 0665030 SUBDIVISION ORDINANCE AMENDMENT SUBJECT: Adopt Ordinance Amending Chapter 31, Subdivision Ordinance Amendment to Remove Conflicts Between Subdivision Ordinance and Newly Adopted Master Thoroughfare Plan to Replace Street Classifications with Street Types, Revise the Geometric Street Design Table and Incorporate by Reference Adopted Design Standards (ALL COUNCIL DISTRICTS ) RECOMMENDATION: It is recommended by the City Plan Commission that the City Council adopt the attached ordinance amending Chapter 31, Subdivision Ordinance to replace street classifications with street types, modify the Table of Geometric Street Design Standards to remove conflicts between the Subdivision Ordinance and the 2016 Master Thoroughfare Plan and to incorporate by reference adopted design standards. DISCUSSION: On May 3, 2016, the City Council adopted Ordinance No. 22191-05-2016 (M&C G-18729) which updated the Master Thoroughfare Plan (MTP), incorporated the MTP into the Comprehensive Plan and adopted a Complete Streets Policy. The 2016 MTP shifts the emphasis from street classifications, which are solely based on traffic volumes and speeds, to street types that reflect respective land use contexts and the Complete Streets Policy. The Subdivision Ordinance, Section 31-106 Street Design Standards, includes street classifications from the 2009 Master Thoroughfare Plan and the proposed amendments will support the 2016 MTP amendments and remove any conflicts between the two documents. The proposed amendments will revise Subsection 31-106 from Street Classification and Function to Street Types. Subsection 31-106(a) will be amended to remove the 2009 MTP Classifications. Those revisions are as follows: expressway arterial (E6D-E4D), principal arterial (P6D), major arterial (MA4D) and minor arterial (M4U) will be deleted and replaced with street types as identified in the 2016 MTP as follows: activity street, commercial/mixed-use street, neighborhood connector, commercial connector and system link. Subsection 31-106(b), Table of Geometric Street Design Standards, will also be revised to remove the references to minor arterial (M4U), major arterial (MA4D) and principal arterial (P6D) design standards. The approved street sections in the 2016 MTP will be incorporated by reference to replace these design standards. Subsection 31-81 is also being amended to revise subsection d(5) which previously incorporated by reference the design standards and guidelines containing regulating plans for street classifications for the Trinity Uptown and Near Southside form-based zoning districts. Since 2006 the City Council has established other form-based and overlay zoning districts (i.e. Camp Bowie, Trinity Lakes and Downtown Urban Design District) with similar regulating plans. An amendment is proposed to support the development goals of the various districts to incorporate by reference the design/development standards and guidelines of City Council adopted form-based codes and/or design overlay districts containing a regulating plan, street cross sections or streetscape standards. Logname: 0665030 SUBDIVISION ORDINANCE AMENDMENT Page I of 2 On May 25, 2016 the City Plan Commission held a public hearing and voted to recommend approval of the amendment. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that there will be no effect on City funds. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Mary Elliott (7844) Logname: 0665030 SUBDIVISION ORDINANCE AMENDMENT Page 2 of 2