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HomeMy WebLinkAboutOrdinance 22465-10-2016 ORDINANCE NO. 22465-10-2016 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 21653, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING ARTICLE 5 "TEXT OR MAP AMENDMENTS", OF CHAPTER 31 "REVIEW PROCEDURES," SECTIONS 3.503 THROUGH 3.506 REVISE THE PROCESS FOR ZONING APPLICATION WITHDRAWALS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the current procedure for accepting a zoning application withdrawal after notice but prior to the public hearing requires the Zoning Commission to hold a public hearing and make a recommendation for denial on the proposal to amend the zoning; and WHEREAS, on a recommendation of denial by the Zoning Commission, the request for the withdrawal of the zoning application must currently be acted on by the City Council for the withdrawal of the zoning application to be accepted; and WHEREAS, the current procedure requires applicants and citizens to attend several meetings after the request to withdraw the zoning application to ensure that the withdrawal has been accepted by the City Council and the application has terminated; and WHEREAS, it is proposed to amend the process to provide that a zoning application must be accepted for withdrawal by staff or the Zoning Commission which would terminate the zoning application and eliminate the necessity of the City Council to act on the withdrawal request; and WHEREAS, it is also proposed that a twelve month waiting period apply to those zoning withdrawal requests that are submitted after the Zoning Commission has acted to recommend denial of the zoning change; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1. Chapter 3 "Review Procedures", the Zoning Ordinance of the City of Fort Worth, is hereby amended to revise Article 5 "Text or Map Amendments", to amend Sections 3.503 Chapter 3 Withdrawal Process Amendment Ordinance No.22465-10-2016 Page 1 of 5 through 3.506 to add a process for zoning application withdrawals and retaining the graphic, to read as follows: Sec. 3.503 ZONING COMMISSION PUBLIC HEARING AND RECOMMENDATION. The Zoning Commission shall hold public hearings on all properly filed, noticed and meeting agenda posted proposals. After closing of the public hearing on a proposal, the Zoning Commission shall transmit to the City Council its recommendation on said proposal. For zoning application withdrawals see Section 3.506. Sec. 3.504 CITY COUNCIL HEARING AND ACTION. (a) Zoning Commission recommendation and council hearing. Every proposal to amend a zoning boundary which is recommended for approval or denial by the Zoning Commission and every proposed amendment to the regulations of this ordinance shall be forwarded to the City Council for a public hearing as required by state law. No change, however, shall become effective until after the adoption of an ordinance and its publication as required by law. (b) City council action. Upon receipt of the final report and recommendation of the Zoning Commission, the City Council may: (1) Approve the application; (2) Deny the application with prejudice; (3) Deny the application without prejudice as to the re-filing upon showing that unnecessary hardship will otherwise result and that the intent and spirit of the ordinance will be observed; or (4) Refer the original proposal to the Zoning Commission for a new hearing, report and recommendation. (5) Accept a request to withdraw the application. Sec. 3.505 WITHDRAWAL AND REAPPLICATION (a) The applicant shall submit in writing the withdrawal request to the Zoning Administrator. (b) The action on the withdrawal request shall be based on the timing of the request as follows: (1) An applicant may withdraw an application prior to written notice of the Zoning Commission public hearing. The City shall not take further action on the application. (2) A request to withdraw an application after written notice or after the application is posted on a Zoning Commission public hearing agenda or during the Zoning Commission meeting must be approved by the Zoning Commission. The City shall not take further action on the application. Chapter 3 Withdrawal Process Amendment Ordinance No.22465-10-2016 Page 2 of 5 (3) After the Zoning Commission public hearing, an applicant may withdraw an application a prior to it being posted on the City Council's agenda. The City shall not take further action on the application. (4) A request to withdraw an application after it is placed on a posted agenda or during the City Council public hearing is at the City Council's discretion. The City Council may take any action described in Section 3.504(b). The decision of the City Council is final. (c) Subject to the limitations in Section 3.506, to re-initiate review, the applicant shall submit a new application and fee. Sec. 3.506 LIMITATION ON REAPPLICATION. When a proposal is denied by the City Council or when the applicant has withdrawn after a recommendation of denial of the proposal by the Zoning Commission no new applications of like nature shall be accepted by the city or scheduled for a hearing by the Zoning Commission within a period of 12 months of the date of denial or withdrawal unless the proposal is denied without prejudice; provided, however, on receipt of written request by the original applicant describing substantially changed conditions in the community since prior consideration of the proposal so as to justify an earlier review of this matter, the City Council may waive the mandatory delay period and authorize the acceptance of a new application. SECTION 2. 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 3. 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 Chapter 3 Withdrawal Process Amendment Ordinance No.22465-10-2016 Page 3 of 5 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 4. 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 exists shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinances No. 3011, 13896 and any other ordinances affecting zoning 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 6. 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 Chapter 3 Withdrawal Process Amendment Ordinance No.22465-10-2016 Page 4 of 5 Government Code. SECTION 7. All other provisions of the Zoning Ordinance of the City of Fort Worth not herein amended shall remain in full force and effect. SECTION 8. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: By: Melinda Ramos, fAa&J— er, Sr. Assistant City Attorney City Secretary ADOPTED: October 11, 2016 EFFECTIVE: ekv►bxr 31 ,90 Chapter 3 Withdrawal Process Amendment Ordinance No.22465-10-2016 Page 5 of 5