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Home My WebLink AboutCP 202 CITY OF FORT WORTH, TEXAS COUNCIL PROPOSAL DATE FILE NUMBER SUBJECT 9-1-98 CP NO.202 ADOPTION OF MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR ZONING OR DEVELOPMENT OF MULTI-FAMILY DWELLINGS IN PORTIONS OF CITY COUNCIL DISTRICTS 4 AND 8 PROPOSED BY CITY GE 'S REVI BECKY HASKIN PAGE OF 3 Recommendation: That the City Council adopt the attached ordinance which would establish a 180-day moratorium on the acceptance of applications for multi-family zoning and for construction or expansion of multi-family dwellings in City Council District 4 north of 1-820 and in two areas in City Council District 8: (1) an area generally bordered by 1-35, Everman Parkway, Forest Hill- Everman Road and FM 1187; and (2) an area generally bordered by 1-35, Rosedale Street, U.S. Hwy. 287 and Seminary Drive. Discussion: City Council District 4 The corridor north of 1-820 in City Council District 4 currently has approximately 1,718 existing multi-family dwelling units and 1,239 acres of undeveloped multi-family zoned property which, if developed, could result in 21,342 additional multi-family dwelling units. There are several large blocks of undeveloped multi-family zoned land which, if developed, could result in concentrations of hundreds and, in some cases, thousands of multi-family dwelling units. Approximately 12% of the area is undeveloped property zoned for multi-family development, which exceeds the 5% to 8% ratio which is recommended under the neighborhood unit municipal planning concept. The area described in the attached moratorium is bordered on the north by the northern boundary of City Council District 4, on the west by 1-35, on the south by 1-820 and generally on the east by Denton Highway/U.S. Highway 377. The eastern boundary of the proposed moratorium does not include all land west of Denton Highway/U.S. Highway 377, some of which is located in Watauga, Haltom City, or Keller. The proposed moratorium area also excludes pockets of unincorporated land that are surrounded by the City of Fort Worth. ❑ LEGALITY ❑ FISCAL NOTE ❑ CITY MANAGER'S COMMENTS ❑ CITY POLICIES MANUAL CITY OF FORT WORTH, TEXAS COUNCIL PROPOSAL DATE FILE NUMBER SUBJECT 9-1-98 CP NO.202 ADOPTION OF MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR ZONING OR DEVELOPMENT OF MULTI-FAMILY DWELLINGS IN PORTIONS OF CITY COUNCIL DISTRICTS 4 AND 8 PROPOSED BY CITY M R'S REVIEW BECKY HASKIN PAGE 2 OF_.3_ City Council District 8 Two areas of City Council District 8 are subject to the attached moratorium. The first area is bordered by 1-35 on the west, Everman Parkway on the north, Forest Hill-Everman Road on the east and FM 1187 on the south. This area currently has 148 existing multi-family dwelling units and 434 acres of land zoned for multi-family development which could result in an additional 7,794 multi-family dwelling units. Approximately 11.7% of the area is undeveloped property zoned for multi-family development, which exceeds the 5% to 8% ratio which is recommended under the neighborhood unit municipal planning concept. There are several large blocks of undeveloped multi-family zoned land which, if developed, could result in concentrations of multi-family dwelling units. The second area in City Council District 8 that is subject to the attached moratorium is an area bordered by 1-35 on the west, Rosedale Street on the north, U.S. Hwy. 287 and Miller Avenue on the east, and Seminary Drive on the south. This area currently has 1,500 existing multi-family units and approximately 75 acres of multi-family zoned property that could result in construction of an additional 1,350 units. Effect of Moratorium The attached ordinance would enact a 180-day moratorium on the acceptance of applications for building permits for new construction or expansion of multi-family dwellings, applications for approval of "UR" Unified Residential Development site plans, and applications for zoning changes for multi-family development. Applications for building permits to renovate multi- family dwellings are exempt from the moratorium if the renovation would not expand the building footprint. The moratorium would maintain the status quo concerning multi-family development in the defined areas to enable the Planning and Growth Management Department to study existing and potential land uses in these areas and to give the City Council the opportunity to enact methods to address these issues. ❑ LEGALITY ❑ FISCAL NOTE ❑ CITY MANAGER'S COMMENTS 13 CITY POLICIES MANUAL CITY OF FORT WORTH, TEXAS I COUNCIL PROPOSAL DATE FILE NUMBER SUBJECT 94-98 CP NO.202 ADOPTION OF MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR ZONING OR DEVELOPMENT OF MULTIFAMILY DWELLINGS IN PORTIONS OF CITY COUNCIL DISTRICTS 4 AND 8 PROPOSED BY CITY M 'S REVIEW BECKY HASKIN PAGE OF 3 The attached ordinance would exempt applications for development permits filed before enactment of the moratorium. It would also provide for a right to appeal the refusal to accept an application for a permit or zoning change to the City Council. Legality The City has the authority to adopt a moratorium to restrict development temporarily in order to address a specific development issue. The appeals process contained in Section 5 of the ordinance provides the City Council with the opportunity to address any legal challenges resulting from the moratorium. 0011, Fiscal Note: The Finance Director certifies that this action will have no material effect on city funds. el City Manager's Comments: The adoption of the attached ordinance will provide the City Council the opportunity to review the current zoning districts in the areas identified in the proposed ordinance. The City's Comprehensive Plan will be updated in no less than twelve (12) months. The update of the Plan will include the review of these areas. pioAi e CITY COUNCIL ❑ LEGALITY MP 1 ❑ FISCAL NOTE ❑ CITY MANAGER'S COMMENTS ❑ CITY POLICIES MANUAL City sevmtarry of the City of Fort Worth,Texas ORDINANCE NO. AN ORDINANCE ADOPTING A MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR ZONING AND DEVELOPMENT OF MULTI- FAMILY DWELLINGS IN THE FOLLOWING AREAS: CITY COUNCIL DISTRICT 4 NORTH OF 1-820; A PORTION OF CITY COUNCIL DISTRICT 8 GENERALLY BORDERED BY 1-35, EVERMAN PARKWAY, FOREST HILL-EVERMAN ROAD AND FM 1187; AND A PORTION OF CITY COUNCIL DISTRICT 8 GENERALLY BORDERED BY 1-35, ROSEDALE STREET, U.S. HWY. 287 AND SEMINARY DRIVE; PROVIDING AN APPEALS PROCESS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, there is a concentration of land zoned for multi-family development in City Council District 4 north of 1-820, as shown on Exhibit "A" attached and incorporated herein (the "North Corridor"); and WHEREAS, there are currently approximately 1,718 existing multi-family dwelling units in the North Corridor; and WHEREAS, in addition to the existing units, there are approximately 281 acres of land zoned "C-R" Multi-Family, 837 acres of land zoned "C" Multi-Family, and 121 acres of land zoned "D" Multi-Family in the North Corridor that could be developed for multi- family use; and WHEREAS, approximately 12% of the North Corridor is undeveloped multi-family zoned property; and WHEREAS, for the proper mix of land uses under the neighborhood unit concept of municipal planning, it is recommended that no more than 5% to 8% of a neighborhood unit be developed for multi-family uses; WHEREAS, if all of the approximately 1,239 acres of undeveloped multi-family zoned property were developed for multi-family uses at the maximum permitted density, �► WHEREAS, there are approximately 75 acres zoned for multi-family development in District 8-Area 2 that could result in construction of an additional 1,350 multi-family dwelling units; and WHEREAS, construction of additional multi-family dwelling units in District 8- Area 2 could result in a concentration of multi-family dwelling units that could cause adverse impacts on traffic, infrastructure, schools, property values, and development of adjacent property; and WHEREAS, the City Council anticipates that, within 180 days, the Planning and Growth Management Department could conduct a study of multi-family development issues in the North Corridor, District 8-Area 1, and District 8-Area 2 and the City Council, on the basis of the study, could adopt measures to address such issues; and 'WHEREAS, it is likely that the City's ability to address issues relating to multi- family development in the North Corridor, District 8-Area 1, and District 8-Area 2 will be compromised if the City permits development of additional multi-family dwellings before methods to address these issues are adopted and implemented; and 'WHEREAS, the City Council anticipates that applications for permits for the construction or expansion of multi-family dwellings and applications to rezone property to "C-R", "C", "D", "D-HR1" Multi-Family, "D-HR2" Multi-Family, or planned development for mixed use in the North Corridor, District 8-Area 1, and District 8-Area 2 may be filed within the 180-day period; and WHEREAS, it appears necessary to apply restrictions on acceptance of applications for permits for the construction or expansion of multi-family dwellings and applications to rezone property to "C-R", "C", "D", "D-HR1" Multi-Family, "D-HR2" 3 A1.. Multi-Family, or planned development for mixed use in the North Corridor, District 8- Area 1, and District 8-Area 2 for 180 days in order to protect the area against potential adverse impacts on the health, safety and public welfare of its residents and to maintain the status quo pending action by the City Council as outlined above; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. Intent A. It is the intent of this ordinance to limit temporarily, except as otherwise provided herein, the acceptance of applications for permits for construction or expansion of multi-family dwellings and applications seeking approval of zoning changes to "C-R", "C", "D", "D-HR1" Multi-Family, "D-HR2" Multi-Family, or planned development for mixed use in the North Corridor, District 8-Area 1, and District 8-Area 2, as defined below, in anticipation of completion of an analysis of multi- family zoning and development issues and adoption and implementation of methods to address such issues. The intent of this ordinance is to promote the orderly development of the City of Fort Worth and to protect the public health, safety and general welfare of the citizens of the City of Fort Worth. It is not the intent of this ordinance to deny development rights protected by law. B. It is the further intent of the City to analyze multi-family zoning and development issues in the North Corridor, District 8-Area 1, and District 8-Area 2, to adopt and implement methods to address such issues in an expeditious manner, and to consider any appeals relating to development of multi-family dwellings in the OPOI North Corridor, District 8-Area 1, and District 8-Area 2, during the term of this 4 A. ordinance. SECTION 2. Definitions A. "Multi-family dwelling" means a building, or portion thereof, used or designed for residential occupancy by three (3) or more families. B. "Multi-family dwelling permit application" means an application for a building permit to construct or expand a multi-family dwelling or an application for approval of a "UR" Unified Residential Development Site Plan. "Multi-family dwelling permit application" does not include an application for a building permit to renovate an existing building where there will be no expansion of the building footprint. C. "Multi-family zoning application" means an application for "C-R", "C", "D", �, "D-HR1" Multi-Family, or "D-HR2" Multi-Family zoning, or for planned development for mixed use under Sections 5, 6, 7, 7A, 713, and 2-H of the Comprehensive Zoning Ordinance, respectively. D. North Corridor" means that portion of City Council District 4 located north of I- AW 820, as more specifically described on Exhibit "A" attached and incorporated herein. E. "District 8-Area 1" means that portion of City Council District 8 consisting of an area generally bordered by 1-35 on the west, Everman Parkway on the north, Forest Hill-Everman Road on the east and FM 1187 on the south, as more specifically described on Exhibit "B" attached and incorporated herein. F. "District 8-Area 2" means that portion of City Council District 8 consisting of an area generally bordered by 1-35 on the west, Rosedale Street on the north, U.S. 5 �.. Hwy. 287 and Miller Avenue on the east and Seminary Drive on the south, as more specifically described on Exhibit "C" attached and incorporated herein. G. "Application" means a multi-family dwelling permit application or a multi-family zoning application. SECTION 3. Limitation on Acceptance of Applications A. Except as otherwise provided herein, after the effective date of, and extending for the duration of this ordinance, no employee, officer, agent, department or commission of the City shall accept for filing any of the following for property located in the North Corridor, District 8-Area 1, or District 8-Area 2: (1) multi-family dwelling permit application; or (2) multi-family zoning application B. The Director of Development, building official, or other city official responsible under city regulations for reviewing an application, as defined herein, for property within the North Corridor, District 8-Area 1, or District 8-Area 2 shall determine whether the application is subject to the moratorium. Acceptance of an application for the limited purpose of such review shall not constitute filing of the application. In the event that the official determines that an application is subject to the moratorium, the official shall take no further action on the application and shall return the application, together with any proffered application fee, to the applicant with the notification that the application will not be accepted for filing or further processing for the duration of this ordinance and any extension thereof. 6 SECTION 4. Term of Ordinance Unless extended by the City Council, this ordinance shall continue in effect until March 1, 1999 at 11:59 p.m., or until the City Council terminates the moratorium, whichever occurs first. SECTION 5. Appeals A. If the Development Director, building official, or other city official refuses to accept an application, the applicant may appeal the decision to the City Council. The appeal shall be in writing and shall be transmitted to the Office of the City Attorney within (10) days of the date of notification that the application will not be accepted for filing. B. The appeal shall be considered by the City Council within twenty (20) days after T the appeal is received in the Office of the City Attorney, unless the applicant requests a later hearing. The City Council shall not release the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the City Council can reasonably conclude: (1) Application of this ordinance to the applicant would be likely to deprive the applicant of rights protected by law; or (2) In the case of a multi-family dwelling permit application, the proposed multi-family development is compatible with development of the applicable moratorium area and permitting the development to proceed would not cause adverse effects to the area or be contrary to the spirit and purpose of this ordinance; or, in the case of a multi-family zoning application, the Owl proposed multi-family development may be compatible with development opl. of the applicable moratorium area, subject to further analysis of the zoning application by the Planning and Growth Management Department. C. The City Council may take the following actions on an appeal: 1;1) deny the appeal, in which case the application shall not be accepted; 1;2) grant the appeal, and direct the Development Director to accept the application for filing and processing; or (3) grant the appeal and direct the Development Director to accept the application for filing and processing, subject to conditions necessary to 0001, ensure that the proposed development would not cause adverse effects to surrounding property and to carry out the spirit and purpose of this ordinance. D. In no event shall acceptance of a multi-family dwelling permit application guarantee that the City will issue the permit, unless the permit is in compliance with all applicable codes, laws and regulations. Nor shall acceptance of a multi- family zoning application guarantee that the City Council will approve the zoning r application. The zoning application will be subject to staff review, consideration and recommendation by the Zoning Commission, and final decision by the City Council. SECTION 6. Not Applicable to Pending Applications This ordinance does not apply to applications that have been accepted by the City before the enactment of this ordinance. Such applications shall be processed in accordance with applicable policies and procedures and shall not be affected by the enactment of this ordinance. 8 Apo, SECTION 7. Cumulative Effect This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), 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 the conflicting provisions of the ordinances and Code are hereby suspended for the period during which this ordinance is in effect. SECTION 8. Severability 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 final decree of a court of competent jurisdiction, such voidness, ineffectiveness or 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 herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. r 9 SECTION 9. Effective Date This ordinance shall be in full force and effect from and after its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney DATE: r ADOPTED: EFFECTIVE: C r 10 r , f LIM • +S16, tt qry t<i .rasa '4 t# sell bs .... en Fa r. v'; g.p `�31, j`��'n, ��'�✓iy xxagc §:;d I 1,7 ONNt `. II�� sy�s-.,ay,t ML 8 S ,�'-vn 3 � �:> { �I♦II-IIIIIII�� ■n 4'+"£'..1 d! ."'$W�i � S ��7�" t\ P{�� Y" Y1r �.ii�` ;k�.• ��.'r�t�`Y•r■.111'��_I "' up�.�, 3 � 'a,e�s�a+°` �#„," `■��'_ �' III�I ��w■r< 1� Ji i = Exhibit "B" District 8 - Area 1 yffF L _ F t. 4 - e-Shelby rW 77, rxx Ca y. I 6 E j7 L 2 Ch d LL t. *'f h CD Rendon- roWey F. 1187 j Planning and Growth Management Depai{ment (CR) Scale l"=2,640 (U2 mile) Area-3,706 acres Revised 9/1/98(CR) • Exhibit "C" District 8 - Area--2 Ir I ! !q > ^•v m h V be _ _... �p : m --� a Co ina Planning and Growth Management Department (&29M) (CR) Scale 1"= 2,640'(U2 mile) Area-4,187 acres