HomeMy WebLinkAboutOrdinance 19156-05-2010ORDINANCE NO 19156-05-2010
AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE OF
THE CITY OF FORT WORTH, BEING ORDINANCE NO 17154, CODIFIED AS
CHAPTER 31 OF THE CODE OF THE CITY OF FORT WORTH, BY
AMENDING ARTICLE III, "PLATTING", SECTION 31-41, "PLAT
REQUIREMENTS" , BY AMENDING ARTICLE VIII, "ENFORCEMENT" TO
PROVIDE FOR ADMINISTRATIVE AUTHORITY TO WAIVE PLAT
REQUIREMENTS IN CERTAIN CIRCUMSTANCES, BY AMENDING
ARTICLE VI, "SUBDIVISION DESIGN STANDARDS", SECTION 31105,
"STORM WATER MANAGEMENT" TO ADD A REQUIREMENT TO DEPICT
FEMA DESIGNATED FLOODPLAINS ON A PLAT, AMEND THE PLAT
NOTES FOR FLOODPLAIN AND STORM WATER RESTRICTIONS TO
REQUIRE FINISHED FLOOR ELEVATIONS TO BE TWO FEET ABOVE THE
BASE-FLOOD ELEVATION, AND TO DELETE THE REFERENCE TO
FLOODWAY EASEMENTS, BY AMENDING ARTICLE IV, "SUBMISSION
AND REVIEW PROCESS", SECTION 31-63, "REVIEW, APPROVAL AND
EXPIRATION" TO ADD EXPIRATION DATES FOR PLAT APPLICATIONS
AND RIGHT OF WAY VACATIONS AND CLOSURES, PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE, PROVIDING A
SEVERABILITY CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING A
SAVINGS CLAUSE, PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER AND PROVIDING 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, 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17851 which repealed the contents of Chapter 31 `Subdivision Regulations" replaced
with the contents of Appendix C `Subdivision Ordinance" and repealed Appendix C•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, the editors of the City's codification service have renumbered the
provisions of the former Appendix C to match the existing style of the Code; and
WHEREAS, city staff has determined that certain sections of the Subdrvision
Ordinance need to be revised to address temporary buildings on unplatted land,
floodplam regulations and expiration dates on plat applications, final plats and street
closures and vacations, and
WHEREAS, the Subdivision Ordinance requires a parcel of land be platted and
recorded pnor to receiving a City permits such as a building permit; and,
WHEREAS, this requirement has created difficulties when trying to issue
permits for structures such as retaining walls, equipment cabinets and construction
trailers on property that has not been platted in part because it is not practical or
economically feasible; and
WHEREAS, rt is recommended that the Subdivision Ordinance be amended to
allow staff to administratively review and waive the requirement to plat pnor to the
issuance of a building permit if certain conditions as described below are met; and
WHEREAS, it is recommended that the Subdivision Ordinance regulations
related to storm water management be amended to be consistent with the regulations
related to floodplam and floodways as stated in Chapter 7 `Buildings" Article VIII
Fooodplam Provisions" of the City Code and,
WHEREAS, currently the Subdivision Ordinance does not set forth any type of
expiration date for final plats, replats, minor plats, plat abandonment, conveyance plat
and amended plat applications which can create issues when the property is developed
under subdivision regulations that are substantially different from the current Subdivision
Ordinance; and
WHEREAS, it is recommended that expiration dates be established for final plat,
2
replat, minor plat, plat abandonment, conveyance plat and amended plat applications,
and,
WHEREAS, currently the Subdivision Ordinance does not set forth any type of
time limitation or requirement for a recommendation from the Plan Commission to vacate
or close a public nght of way or access easement to move forward for final City Council
approval, and
WHEREAS, it is recommended that a time limitation be established for
recommendations to the City Council for requests to vacate or close public nght of ways
and access easements to be presented to the City Council for their final determination,
and,
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
Article III, `Platting" Section 31-41 `Plat Requirements" of Chapter 31
`Subdivision Oxdmance of the City of Fort Worth, is amended to revise subsection b
`Platting Exempt" to read as follows
b. Platting exempt A division of land within the Crty or the ETJ shall be exempt
from the platting regulations where the division of land is into parts all greater
than five (5) acres each, each part has access to a public street, and no public
improvement is being dedicated.. Any parcel requiring a City permit must first
be platted and record m accordance with this Chapter,~rovided however said
platting regLuirement may be waived in accordance with the procedures m
Article VIII of this Chapter
3
SECTION 2.
Article VIII, `Enforcement" of Chapter 31 `the Subdivision Ordinance" Section
31 1 SO `Generally" of the City of Fort Worth, is amended to number the paragraphs and
revise subsection (a) `Permits Withheld" to read as follows.
~ Permits withheld.
1. No building permits for any construction activity shall be issued by the
City until a final plat is approved and filed and recorded with the county
clerk of the county in which the tract is located. Provided however the
Planning Development Director or designee may administratively waive
the platting requirement for building permits that meet the following
criteria.
i. The permit is for a structure located off site on an ad~oinmg parcel
of land that is temporary in nature and associated with an
improved permitted construction project and will obtain a
Certificate of Occupancy Issued for a maximum of 24 months with
no extensions wanted, or
ii. The permit is for a structure that is not occupiable including but
not limited to a retaining wall fence over eight (81 feet m height,
sign sound barrier equipment cabinet or weight scale.~~ *~~n
~, ,.~, ~a,,.~,,,,~
iii. In addition to the above the following conditions must be met:
1 the proposed structure does not negatively impact any
flood~lain floodway utility easement, existing, or proposed
right-of way or protected tree; and
2. the pro op sed project is not within the boundary of an approved
preliminary plat; and
3 any proposed utility service complies with Texas Local
Government Code section 212.012, and
2. No building permit shall be issued nor public utility service provided for
land that has received approval and filed as a conveyance plat.
Public services The City shall be under no obligation to furnish, and may
withhold any or all public services, unless and until all rules, regulations, and
requirements of this chapter have been met or duly waived by the plan
commission, or as otherwise waived by TPW as authorized by these
regulations.
~ Plat addressing The City shall not cause the addressing of any lot or parcel
within a subdivision unless and until the final plat thereof has been approved
and filed for record m the county courthouse of~urisdiction.
SECTION 3
Article VI, `Subdivision Design Standards" Section 31 105 `Storm Water
4
Management" of Chapter 31 `the Subdivision Ordinance" of the City of Fort Worth, is
amended to add a sentence the introductory statement to read as follows.
Article VI, Section 31-105. Storm Water Management
All plats must conform to the Storm Water Management Policy And lat for property
within or affected by a Federal Emerg_ency Management Agency (FEMA) designated
floodplam must show the limits of the FEMA floodplam effective on the date the plat is
filed. The FEMA floodplam hmrts must be geometrically and s ap Bally correct with a
note indicated the Flood Insurance Rate Maps (FIRM) panel community number and
effective date of the map or the most recent revision for the area
SECTION 4.
Article VI, `Subdivision Design Standards" Section 31 105 `Storm Water
Management" of Chapter 31 `the Subdivision Ordinance" of the Crty of Fort Worth, is
amended to revise subsection b `Floodplain Easements" to delete reference to the 100-
year flood elevation and replace with a reference to the watershed to read as follows
FLOODPLAIN RESTRICTION
No construction shall be allowed within the floodplam easement
without the written approval of the Director of Transportation and
Public Works. In order to secure approval, detailed engineering plans
and/or studies for the improvements, satisfactory to the Director will
be prepared and submitted by the party (ies) wishing to construct
within the floodplam. Where construction is permitted, all finished
floor elevations shall be a minimum of two (2) feet above the
floodplam base flood elevation resulting from ultimate development
of the watershed. °^° ~1' ~ ~* ~'~~ o +~~ ~ nn o ~ a i ,.
.,..., ~ ~ .,~ u.,o` ... ~.,., y.,^
SECTION 5.
Article VI, `Subdivision Design Standards" Section 31 105 `Storm Water
Management" of Chapter 31 `the Subdivision Ordinance" of the City of Fort Worth, is
amended to delete subsection c. `Floodway Easements" in its entirety and to renumber
the subsequent subsections.
5
r~ 1, `` .
SECTION 6.
Article VI, `Subdivision Design Standards" Section 31 105 `Storm Water
Management" of Chapter 31 `the Subdivision Ordinance" of the City of Fort Worth, is
amended to revise the statement of restriction m renumbered Subsection c. `Storm Water
Storage Easements" to delete reference to the 100 year flood elevation and replace with a
reference to the watershed to read as follows
STORM WATER STORAGE AREA RESTRICTION
Construction will not be allowed within a storm water storage
easement without the written approval of the Director of
Transportation and Public Works Approval will only be given when
engineering studies show that the storm water's storage capacity is
maintained and the finished floor elevations, of all buildings, will be
a minimum of two (2) feet above the floodplain base flood elevation
resulting from ultimate development of the watershed.
. The City of Fort Worth is not
responsible for the maintenance or operation of said storm water
storage area and shall not be deemed liable for any flood damages
occurring in said area.
SECTION 7
Article IV `Submission and Review Process" Section 31-63 `Review Approval
6
and Expiration Subsection c.2 of Chapter 31 `the Subdivision Ordinance of the City
of Fort Worth, is amended to read as follows.
2. Expiration/Extension
a. Except as provided in subsection (c) an application for a final plat that is
not recorded in the County of}unsdiction by the second anniversary of the
date the application was submitted shall expire and be deemed withdrawn,
unless the applicant demonstrates to the Department of Planning and
Development that~rogress has been made towards completion of the
protect as defined below.
b. The apphcant shall have thirty (30) da~pnor to the expiration of the
~phcation to submit proof of prowess toward completion of the pro}ect
If the Department of Planning and Development determines that the
~phcant has demonstrated that progress has been made toward
completion of the protect the expiration date for the final plat shall be
extended for two years. If the Department determines that the .apphcant
has not demonstrated that progress has been made toward completion of
the proect the applicant may appeal such determination to the Plan
Commission by filmg_ a wntten appeal within thirty~30) days after
receivm~ the Department's decision. The final plat application shall not
expire pending a decision by the Plan Commission on such appeal. The
Department of Planning and Development and the apphcant shall follow
the process set out m this section every two years until the final plat is
recorded m the County_or the final plat application expires and is deemed
withdrawn.
c. An anahcation for a final plat submitted_ to the Department of Plannm
and Development pnor to 3une 1 2010 that is not recorded in the County
of }urtsdiction by the later of the fifth annrversary of the date the
application was submitted or June 1 2012, shall expire and be deemed
withdrawn unless the applicant demonstrates that progress has been made
towards completion of the~rotect as defined below. The Department of
Planning and Development and the apphcant shall follow the process set
out m subsection (b).
d. A plat d-that is not recorded in the county of }unsdiction
within ninety (90) days of signature by the Plan Commission Chairman
and Executive Secretary shall become null and void unless extended by
the Executive Secretary
e. Progress towards completion of the pro}ect shall be defined as, but shall
not be limited to. ~1) costs have been incurred for developing the pro}ect,
including costs associated with roadway, utility, and other infrastructure
facilities designed to serve, in whole or m part, the pro}ect m the aggregate
amount of five percent of the most recent appraised market value of the
real property of the ~ro~ect• (2) fiscal security is posted with a reQUlatory
agency to ensure performance of an obligation required by the re~ulatory
a~encX~ or (3) utiht~connection fees or impact fees for the proiect have
been ,paid.
SECTION 8.
Article IV `Submission and Review Process" Section 31-63 `Review Approval
and Expiration subsection d.2 Closure or Vacation of Public or Private Streets, Alleys
and Access Easements of Chapter 31 `the Subdivision Ordinance" of the City of Fort
Worth, is amended to add paragraph 6 to read as follows
6. Expiration/ Extension
a. If a replat application that incorporates the area to be vacated is not
submitted within one hundred ei tv (180~days of the City Plan
Commission recommendation, the Commission s recommendation shall
expire and be deemed withdrawn. .
b. Any City Plan Commission s recommendation to City Council to vacate a
public or private street alley n~ht of way or public access easement made
prior to June 1 2010 must be incorporated into a replat recorded by
December 31 2012 or the recommendation of_ the _Commission shall
e~ire and be deemed withdrawn.
c. For the expiration of the replat that incorporates the land area to be
vacated, see subsection c `Final Plats".
SECTION 9
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 m direct conflict with the provisions of such ordinances and such
Code, m which event conflicting provisions of such ordinances and such Code are hereby
repealed.
SECTION 10.
It is hereby declared to be the intention of the Crty 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 ~unsdiction,
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 m this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 11.
All rights and remedies of the Crty of Fort Worth, Texas, are expressly saved as to
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 cnmmal, 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 12.
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
9
offense. Each day that a violation exists shall constitute a separate offense.
SECTION 13.
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 14.
This ordinance shall take effect after adoption and pubhcahon as required by law
APPROVED AS TO FORM AND LEGALITY
~~
Assistant City Attorney
ADOPTED• Ma~18, 2010
EFFECTIVE ~, , C~
10
City of Fort Worth, Texas
Mayor and Council Communication
C(~UNCiL ACTION: Approved on 5/18/2090 - Ord.,No. 19156-05-2010
DATE Tuesday May 18 2010
LOG NAME 06SUB ORD AMEND
REFERENCE NO G-16927
SUBJECT
Adopt an Ordinance Amending the Subdivision Ordinance, Chapter 31 of the City Code Relating to
Platting Requirements for Certain City Permits Floodplain and Floodway Provisions and Expiration Dates
for Plat Applications
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance amending the Subdivision
Ordinance to
1 Revise the plat review process to allow for administrative waiver of the plat requirement for certain City
permits
2. Align the Subdivision Ordinance with the Floodplain Provisions Ordinance Chapter 7 Article 8 of the
City Code and
3 Establish an expiration date of two years for final plat, minor plat, plat abandonment and conveyance
plat applications and conveyance plat applications and for requests to vacate or close streets and alleys
DISCUSSION
On April 28 2010 the City Plan Commission recommended approval of certain amendments to the
Subdivision Ordinance. The Development Advisory Committee reviewed and informally endorsed these
amendments at their March and April 2010 meetings
The first amendment would allow City staff to administratively waive the requirement to plat a piece of
property in order to obtain a building permit for certain structures It would allow some temporary uses and
some unoccupiable structures, such as fences retaining walls, equipment structures and sound barriers,
to be constructed without first recording a plat. The applications wi11 be reviewed on a case by case basis
to ensure that the proposed structure does not impact floodplains, easements, existing or proposed rights-
of-way or protected trees.
The second amendment would align the language in the Subdivision Ordinance regarding restrictions on
development in the floodplain and storm water storage areas with the Floodplain Provisions Ordinance
Currently the Subdivision Ordinance requires finished floor elevations to be one foot above the 100-year
flood elevation but the Floodplain Provision Ordinance requires two feet above the floodplain base flood
elevation resulting from ultimate development of the watershed The amendment corrects this disparity
The amendment also removes references to floodway easements in the Subdivision Ordinance which are
encompassed within the required floodplain easements and cause confusion
The third amendment establishes expiration dates for final plats, minor plats plat abandonments
conveyance plats and amended plats Currently no expiration date exists. The applications will expire two
Logname. 06SUB ORD AMEND Page 1 of 2
years from the date of application unless the applicant can demonstrate that they have made progress on
the permit. Progress is defined by but not limited to incurring costs equal to a certain percentage of the
cost of the project, posting fiscal security or paying impact fees. The applicant may appeal a staff decision
on the determination of progress through the City Plan Commission
FISCAL INFORMATION. /CERTIFICATION
The Financial Management Services Director certifies that this action will have no material effect on City
funds
FUND CENTERS
TO Fund/Account/Centers
CERTIFICATIONS
Submitted for City Manager's Office bv:
Ori ig Hating Department Head
Additional Information Contact:
FROM Fund/Account/Centers
Fernando Costa (6122)
Susan Alanis (8180)
Allison Gray (8030)
Logname: 06SUB ORD AMEND Page 2 of 2