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HomeMy WebLinkAboutOrdinance 18249-09-2008ORDINANCE NO. 18249-09-2008 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), BY AMENDING SUBSECTION A OF SECTION 2.104, "DOWNTOWN DESIGN REVIEW BOARD" TO REVISE THE MEMBERSHIP OF THE DOWNTOWN DESIGN REVIEW BOARD TO INCLUDE A DOWNTOWN RESIDENT/HOMEOWNER; TO AMEND SUBSECTION E TO DELETE THE ENFORCEMENT OF TRINITY UPTOWN DEVELOPMENT STANDARDS AND GUIDELINES; TO AMEND SUBSECTION F TO REMOVE REFERENCE TO THE TRINITY UPTOWN DESIGN STANDARDS AND GUIDELINES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 14894 on December 11, 2001,establishing the Urban Design District-Downtown and adopting design standards applicable to certain development projects in the downtown area; and WHEREAS, the City Council adopted Ordinance No. 17273 on November 7, 2006, establishing the Trinity Uptown District and adopting development standards and guidelines applicable to certain development projects in the Trinity Uptown area; and WHEREAS, the Downtown Design Review Board was authorized by Ordinance Nos. 14894 and 17288 to enforce the design standards and guidelines for both the Urban Design District-Downtown and Trinity Uptown District; and WHEREAS, the City Council of Fort Worth requested that city staff provide information on the duties of the Downtown Design Review Board and recommend any appropriate revisions; and WHEREAS, staff recommends that enforcement of Trinity Uptown District Standards and Guidelines be transferred to the Urban Design Commission to enable the Downtown Design Review Board to solely focus on the Downtown District and to include a downtown resident/homeowner as a member of the board; and WHEREAS, the City Council has determined that it is advisable to amend the current ordinance to incorporate staff recommendations. NOW, THEREFORE, BE IT ORDAINED SY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS AS FOLLOWS: Section 1. Chapter 2 of Ordinance No. 13896, the zoning ordinance of the City of Fort Worth, is hereby amended to amend subsection A of Section 2.104, "Downtown Design Review Board" to include a downtown resident/homeowner as a regular member of the Downtown Design Review Board, to read as follows: A. Creation and Appointment There is hereby created a Downtown Design Review Board, to be composed of seven members and one alternate member, all of whom shall be qualified electors of the City of Fort Worth. The Board shall include a minimum of one regular member from each of the following categories: architectldesign professional, Downtown Urban Design District business owner/manager, Downtown resident/homeowner, and real estate professional. The alternate member shall serve when regular Board members are unable to attend or participate. Appointment of the alternate shall rotate from each of the following categories: architect/designprofessiona1, Downtown Urban Design District business owner/manager, downtown resident/homeowner, and real estate professional. 2 Section 2. Chapter 2 of Ordinance No. 13896, the zoning ordinance of the City of Fort Worth, is hereby amended to amend subsection E of Section 2.104, "Downtown Design Review Board" to remove enforcement authority of the Trinity Uptown Standards and Guidelines from the powers and duties of the Downtown Design Review Board, to read as follows: E. Power and Duties The Downtown Design Review Board is hereby charged with the duty and invested with the authority to: a. Enforce the Downtown Urban Design Standards for new construction and renovations by hearing and deciding applications for certificates of appropriateness in accordance with Section 4.1200; and b. Propose amendments to the Downtown Urban Design Standards to the Zoning Commission and City Council from time to time. Section 3. Chapter 2 of Ordinance No. 13896, the zoning ordinance of the City of Fort Worth, is hereby amended to amend subsection F of Section 2.104, "Downtown Design Review Board" to remove the reference to the Trinity Uptown Development Standards and Guidelines, to read as follows: F. Decision by Downtown Design Review Board Four affirmative votes by members of the Downtown Design Review Board shall be required to approve a Certificate of Appropriateness or to propose amendments to the Downtown Urban Design. Section 4. This ordinance shall be cumulative of all provision of ordinances and the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this 3 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 or 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. 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 7. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any all violations of the provisions of Ordinance No. 13896 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 4 ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 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 upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: --~'' ~' ~~ ~~~~ Assistant City Attorney ADOPTED: September 2, 2008 EFFECTIVE: ~~ --~~C)`~ 5