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Home My WebLink AboutOrdinance 8522,~ ~; _ > gin. „ ~~ „r'-"• .r ~, ~;. ORDINANCE NO. 5 AN ORDINANCE DIRECTING THE ZONING COMMISSION OF THE CITY OF FORT WORTH TO CONDUCT PUBLIC HEAR- INGS AND TO REPORT TO THE CITY COUNCIL AS EXPE- DITIOUSLY AS POSSIBLE ITS RECOMMENDATIONS RELAT- ING TO PROPOSED AMENDMENTS TO SECTION 16A AND OCHER APPLICABLE SECTIONS OF THE COMPREHENSIVE ZONING ORDINANCE (ORDINANCE NO. 3011, AS AMENDED) RESTRICTING THE HEIGHT OF STRUCTURES IN UNIFIED RESIDENTIAL DEVELOPM ENTS; PROHIBITING THE APPROVAL OF ALL SITE PLANS AND THE ISSUANCE OF BUILDING PERMITS FOR THE CONSTRUCTION OF STRUCTURES EXCEEDING FORTY-FIVE FEET IN HEI-GHT IN iJDTIFIED RESIDENTIAL DEVELOPMENTS IN THE CITY OF FORT WORTH, PENDING CONSIDERATION BY THE ZONING COMMISSION AND THE CITY COUNCIL OF THE QUESTION OF HEI"GHT RESTRICTIONS IN UNIFIED RESIDENTIAL DEVELOPM ENTS; PROVIDING FOR A METHOD OF REPEAL OF SUCH ORDINANCE; PROVIDING FOR THE CUMULATION AND SUSPENSION OF OTHER ORDINANCES; PROVIDING A SEVERABILIT Y CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth is a home rule municipal cor- potation organized and existing by virtue of the Constitution and laws of the State of Texas and by its Charter adopted by the electo- rate in December 1924; Mand WHEREAS, under Article 1175, Vernon's Revised Civil Statutes, home rule cities are given the power "...to divide the City in zones or districts, and to regulate the location, size, height, bulk and use of buildings within such zones or districts or otherwise, and make different regulations for different districts and thereafter alter the same."; and WHEREAS, pursuant to this power, the City of Fort Worth has adopted its Comprehensive Zoning Ordinance (Ordinance No. 3011, as amended); and WHEREAS, the City's Comprehensive Zoning Ordinance is in the process of being reviewed for amendments in order to improve the quality of land use control in the City of Fort Worth; and WHEREAS, the Zoning Task Force has been studying certain provisions of the Comprehensive Zoning Ordinance in order to make recommended changes to the City Council; and WHEREAS, Section 16A of the Comprehensive Zoning Ordinance con- tains "Unified Residential Development Provisions" which allow the s`, ~~ „~ ~. r, ~_ .. ~. c c " ~~. 7. v ~ 3 -t m''N .. i. construction of residential and mixed-,use structures unrestricted as to height ; ands its ~ t ~e =' ~- '' ~ ~.+= tc. ~ ~ ~~~ ., ± ,~ WHEREAS,r.,,,-the ~ construction of unified `residential, development structures unlimited , in,~height could ,adversely~Laffect the ihealth, safety and;~welfareLof ,the citizens of, Fort-tutorth;~ and~~~.- ,.~, ,d .. ~ WHEREAS., the t City f Council desiresrn~that ~t.,the City Zoning Commission conduct~t.public hearings and >report Ito. the City Council -- _ as expeditiously, `as~~possible_ its recommendations relating to ,-pr o- posed,amendments~to,Section~7.6A and other applicable sections of~the Comprehensive _Zoning, Ordinance restricting the~.,height~ of all struc- tares in Unified :Residential ;Developments.; a-ncl ~ ~s ~~c, ~ WHEREAS, par suant_ s to; i the val ida , e~ ercise of,~ police power s granted under, Articlje~ 1175,Vernon' s ~JRevised ~ Civil Statutes, lthe City Council deems .it ~ imperative to adopt an ordinance prohibiting ._;., the approval of all site plans and the issuance of building permits for the construction of structures exceedirig4lforty1¢five feet in height in Unified s Residential Developments ~~i.n the ~ City Hof Fort ~ ai 1 Worth, pending .. the expeditious consideration .- by the Zoning Commission and the City Council of the question of amending Ordinance No. 3011„ as amended, to .include height restrictions, in Unified Residential Developments; NOW, THEREFORE, ~. C. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: ~ ~ S ~' ` *- ~s i ,~ SECTION 1. t; That the Zoning Commission of the City. of Fort Worth is hereby directed to ,conduct public hearings _and to report to the City Council as expeditiously as possible its recommendations,relating to a.. F '7"1 _, L 1 Y' ~ ~ ~ • ~ { ~ ) ~. ' 1. 1 ~ 3 ~r proposed amendments to Secti:onx 16Arand other applicable sections of C ~' } r i i Slt~' ... i , the Comprehensive Zoning Ordinance (Ordinance No. 3011, as amended) restricting the height of structures in Unified Residential Developments. .~ -2- F• _, ~~.. .; ; ~ ~, ~ .~ ~. •~:., n ~. ~ '} . 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 final decree of a court of competent jurisdiction, such voidness, ineffec- tiveness or unconstitutionality shall not affect any of the remain- ing phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would. have been enacted by the City Council without the incorporation herein of any such void, ineffec- tive or unconstitutional phrase, clause, sentence, paragraph or sec- tion. SECTION 7. That this ordinance shall be in full force and effect from and after its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALIT Y: CG~t.~a..-CUC!/.~ City Attorney ADOPTED: ~ jgQ of EFFECTIVE: -4- ;~ ti -~ ~ _._ _ --= J ~it~ of ~'o~°t V~orth, ~e.~~~ ~ITtY! ~M~,`~`i1c~k~z~l ~~~/ ~® U ~1V~LL~W ~0 4/W~~/~~ ~®U U WU U IV 1VLLi~~~~L.tV1V IV® U lV ~~~~4~~'~l~}iii?~ e~J]~/ TRnNSPO, ~;~j~~~(~w~~~'BIREFERENCE SUBJECT Ordinance Proposing Review of PAGE NUMBER Comprehensive Zoning Ordinance LA91' ~ 2 2 82 PZ-1107 Hei ht Restrictions 1 °f ~- Presently, Section 16A of the City's Comprehensive Zoning Ordinance (Ordinance No. 3011, as-amended) contains unified reside~itiai development provisions, which allow the construction of residential and mixed use structures unrestricted as _ to_height, _ _. _- Under-Article 1175, Vernon's Revised Civil Statutes, the City of Fort Worth has - -thP-'power-".;. to divide the City in zones er districts,and to regulate the _-- - --Tocaton,___sz;,e, height, bulk and use of buildings within such zones or districts -~-- -_ _ or, otherwise,., and make different regulations for different districts and there- _ ___afte-r-a-l-ter--same". Pursuant to this power, the City of Fort Worth has adopted _.. - ---its--Comprehensive Zoning Ordinance. ~" For-_sometime_now, the Zoning Task Force has been reviewing the City's Comprehen- f_ ____s-ive-Zoning-Ordinance for amendments in order to improve the quality of land use .~-.-------eon~trol-i~~h~ City of Fort Worth. One such item being reviewed is the{ proposal - ---""tizat" li_eight restrictions be imposed on construction of residential and mixed use -- ~` structures~hin the unified residential developments, since unlimited height ~_..- ~.....in_these-'-a~~eas could adversely affect the health, safety and welfare .of the ._ . wit-3°z-en-s-~o-f-~F~rt Worth. EAs part„~oEfth.,,~ review process, the City Council should direct the Cit Zonin Y g ;_Co_m_miss-on~,.t~~onduct public hearings and to report to the City Council as -e~cped~t~i£ou's`°ls possible its recommendations relating to proposed amendments to °Sen"t7on I6~"°'~an~ other applicable provisions of the Comprehensive Zoning Ordinance restricting the height of unified residentia] developments within the City. Moreover, to preserve the status quo of unified residential developments within the City, the City should prohibit by ordinance the approval of site plans by the Plan Commission and the issuance of building permits for structures exceeding forty-five feet in height in all unified residential developments in the City of Fort Worth, pending the expeditious consideration by the Zoning Commission and the City Council of the question of amending the Comprehensive Zoning Ordi- nance to include height restrictions in unified residential developments. Recommendation It is recommended that the City Council adopt the attached ordinance. i. Directing the Zoning Commission to conduct hearings and to report to the City Council as expeditiously as possible its recommendations relating to Section 16A and other applicable sections of Ordinance No. 3011, as amended, restricting the height of structures in unified residential developments, and, 4 ~J f DATE REFERENCE SUB.fECT Ordinance Proposing Review Of PAGE ~ NUMBER Comprehensive Zoning Ordinance 2/2/82 PZ-1107 - _ Height Restrictions -~--°f-2._ 2. Prohibiting the approval of site plans and issuance of building permits as specified above pending the expeditious consideration and disposition by the Zoning Commission and the City Council of the question of amending Ordinance No. 2011, as amended, to include height restrictions in unified residential developments. GG plg APe~ovEU~ C IL CITY COU(~ ~~B ~ SUBMITTED FOR THE CITY MANAGER'S / D !ON BY COUNCIL: pROC~ED 6Y OFFICE BY ~ ~ APPROVED ORIGINATING O OTHER (DESCg1~ ~ e¢Xetaxq hi Y o DEPARTMENT HEAD• JO ilardi O of $oXt . ,~ ~7CCIfY~ EC ET Y FOR ADDITIONAL INFORMATION ~® , CONTACT .TOe Bilardi Ext. 7820 DATE