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HomeMy WebLinkAboutResolution 1670_. J• '~ . ~^, F• f~ RESOLUTION NO. ~ ~ ~ ~ _ A RESOLUTION PROVIDING FOR A PUBLIC HEARING TO BE HELD ZN THE CITY COUNCIL CHAMBERS AT THE DIUNICIPAL BUILDING TN THE CITY OF FORT WORTH, TEXAS, vN OCTOBER 16, 1990 AT 10:00 A.M., FOR THE PURPOSE OF CONSIDERING THE PROPOSED CHANGES AND AMENDt1ENTS TO ORDINANCE NO. 3011, AS AMENDED, WHICH IS THE COMPP.EHENSIVE ZONING CRDitdANCE OF SAID CITY," Ai~D PROVIDING THAT SAID HEARIC:G A?AY CONTINUE FROM DAY TC~ DAY UiITIL E'JERY INTERESTED FF+RTY AND CITIZEN HP.S HAD A FULL OPPORTUNIT'Y' TO BE HEARD. • w. BE IT RESOLVED BY THE CITY COUNCIL OF SHE CITY Of' FORT WJRT_H~ TEXAS: That at 10:00 O'clock A.N... Tuesday, Octobe_ 16. 1990 the City Co•.tr,- cii of. the City of Fort-WOrth, which is th•a leaisla*_ive hody of said City, will hold a public heariha in tha Council Cha:^bers at the Mu- nicipal Building for the purpose of conside:inq chance, and asend- ments t:o Ordi:~ance No. 3011, as .amended, ti:-_ Ccc,prehensi~•e Zcn_eo Ordinance of said Cit}'. The purpose of said hearing- is *_o deter nine whether or not said Ordinance No. 3011, as a:nanded, should be amen- ded so that the zoning r_lassification of the foliowinc areas s}.::I1 ba changed as hereinafter described. Z-90-1i2 AI7 ORDINANCE F+A:ENDING THE COhiPREHE?~SIVE ZONIi7G 03DIhe1NCE OF THE CITY OF FOn^T WORTH. BEING O:DItiF-.Iv'CE td0. 301'_, itS AME1iDED, CODIFIED AS A"rPEtJDIX "A" OF THE CCDE OF THE CITY OF FORT WOIiTH~ TEXAS (19867, AS AMENCED. B': ADDII:G PROVZ- SIUNS TC SECTIOtJ 18, SUBSECTZCN E, P.EGULATIidG THE LOCA- TION OF BARS IN "F" AND "G" COIL`".RCIAL P.ISTRICTS. TC, RE- QUIRE THE TERMINATION OF CERTAIt: :,EGAL 2;OhCONFORMI?! USES, TO ALLOi4 THE ZONING BOP,RG Ci ADJUST:".ENT TO GRANT SPECIAL EXCEPTIONS FOR CEF.TAIN BAPS I'J "F" ANC "G" CO!~1- b1ERCIAL DISTRICTS, AND TO PEF.'MIT T']iE 'hOI7ING BOAP.D OF AD- JUSTI9ENT TO EXTEND THE PERIOD FOR TERMINATION OF CERTAZt7 LEGAL NONCONFOF.MTNG USES; B]' RE,`ISIIdG SECTZ~it7 20 OF OP.DI- NANCE N0. 3011 TO PERMIT THE ZOIJING BOARD OF ADJUSTMENT TO GRANT SPECIAL EXCEPTIONS FOi2 CERTAIN BARS IN "F" AND "G" DISTRICTS; PROVIDING THAT THIS OPDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION II: THE OFFICIAL NEHS- PAPER; AND PROVIDING AN EFFECTIVE DATE. Z-90-121 AN ORDINANCE AMENDING ORDZNAtvCE N0. 3011, AS AMENDED, THE COMPP.EHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, TEXAS, CODIFIED AS APPEtJDIX "A" OF THE CODE OF THE CITY OF FORT WORTH'(1986), AS AMENDED, BY AMENDING 'SECTION 17, NON-CONFORMING USE REGULATIONS; BY AMENDING SECTION 20- BOARD OF ADJUSTMENT BY PROVIDING THE BOARD OF ADJUSTMENT THE POWER TO TERMINATE AND AMORTIZE NON-CONFORMING USES; :il i g °- ~~ ~~ PROVIDING THAT THIS OPDINANCE VIDIt?~ A SEVERPi9ILITY CLAUSE; PROVIDING FUR E;NGRUSSMENT AND PUBLICATION IN PA!9PHLET FORM; IN THE OFFICIAL NEWSPAPEP.; AN DRTE. S;IALL BE CUMULP.TIV=; FRO- FROI'IDIi?G FOR A PENALTY; ENP,OLLA!ENT; PROVIDING FOP. PROVIDING FOR EUBLICATICN J PROVIDLNG AN EFFECTI'vE That the proposed amendments and changes at :his hearing wall ~r: considere3 in accordance wi*_h the provisions of Chapter 211 of the Te:;as local Government Cede. BE IT FURTHER RESOLVED that this P.esolution. ~•dhen publlshed ir. tte official net~~spaper of the City cf Port 4?erth, which is a caner o`. general circulaticn, one ill time. shall constitute a notice cF hearing, which publication shall be made ~t leas*_ fifteen (15) iiay:: prior to such hearing, and all inter•__=sted parties are urger,tiy re- ~cuested to be in the Council Chambers at the Municipal Building at the time hereinabove ser, forth to make any protest or sucgestior. that may occur to them, and this hearing may continue from day tc day until every interested party and citizen has had a f.cll eproz- tunity to be heard. City Attorney C, APPRGVEG AS TO FORD; AND LEGALITY: ~~, Adopted: . (~ _ ~.S ~.-- _ - -- _ .:;iy TUESDAY, OCTOBER 16, 1990 rs. Linda Austin e her property t 1705 Alston r. Tom Davis re roperty at LIDS lston 8C OGS-193 re nnexation of I7.Z3 acres in th orth pa ss Addition hose I1 in ezecuti ve ion nve ned into tar session rs. Sandra Gould, r. David O'Brien, arol Vance, David nape, Anne Smith, nd Peg Knapp re oo contract Rutly Bechtel Zoo contract Doug Harmon Zoo contract Gary Santerre Zoo contract a anti I tlember apa to re Zoo ontract liil li am hood Zoo contract posed changes Mrs. Linda Austin, 4521 Cl oud view, Fort Worth, appeared before the City Council regarding her property at 1105 Alston and requested that property owners be allowed oppo rtunittes to place properties tagged as substandard with agencies that can rehabilitate the substandard properties and make the pro Denies avaS table for the homeless, 11r. Tom Davis, Director of the City Services Department, appeared before the City Council and advised the City Council that the property at 1705 Alston will be investigated and that he will meet with Mrs. Austin. There was presented Mayor and Council Communication No. OCS-193 from the Office of the City Secretary stating that Mayor and Council Lommuni cation No. G-8804 was approved by the City Councii on September 18, 1490, approving the timetable for the contemplated annexation of 117.23 acres in the No rthpass Addition Phase [1 into the City of Fort Worth; that notice of the second public hearing was published in the Fort Worth Star-Tel eg~ra~m on October 5, 1990; that the contemplated annexation is before the-Ltty l;o until for second public hearing at this time and the property, if annexed, will be located in Council District 2; and recommending that the City Council close the hearing and instruct staff to initiate annexation proceedings. On motion of Council Member Garrison, seconded by Council Member Meadows, the recommendation was adopted. It was the consensus of the City Council that the City Council meet in closed or executive session to receive the advice of its attorney concerning the fallowing matters: (a) Legal issues relating to Zoning Docket No. Z-90-lOfi and No. Z-90-112, Zoning Ordinance tent amendments; and (b) Legal issues relating to proposed contract with the Fort North Zoo Association for operational services at the Fort Worth Zoo (Mayor and Council Communication No. C-12552) As authorized by Section 2(e), Article 6252-17, V.A.C. S., the Texas Open I.leeting Act.` The City Council reconvened into reyul ar session with all members present, at which time the following business was transacted: 11 rs, Sandra Gould, 2211 Windsor Place; Ilr. Oavitl O'Orien, 2220 Windsor Place; Carol Vance, 2240 Winton Terrace West; David Knapp, 2200 Winton Terrace East; Anne Smith, 6116 Ridgeway; and Peg Knapp, 2200 Winton terrace East appeared before the City Council and expressed op post Lion to the proposed contract with the Fort North Zoo Association for Operational Services at the Fort Worth Zoo as proposed in Mayor and Council Communication Ito. C-12552. Mr. Rudy Bechtel, 2401 Rogers, appeared before khe City Council regarding his alternative plan for parking and requested that Che parking lot provisions be withdrawn from the proposed contract with the Fort Worth Zoological Association. Mr. Doug Harmon, representing the Fort Worth Convention and Visitors' Bureau, appeared before the City Council and requested that the City Council give favorable consideration to the proposed contract with the Fort Worth Zoo Association for Operational Services at the Fort Worth Zoo as proposed in Mayor and Council Communication No. C-12552, Mr. Gary Sante rre, Oi rector of the Transportation and Public No rks Department, appeared before the City Council and advised the City Council of the results of his department's investigation of Mr, Rudy 0echtel's proposal for auxiliary parking on a street adjacent to the Forest Park Zoo area. Council Member Zapata advised the City Council that the Hispanic Chamber of Coimnerce's concern with Lhe Fort Worth Zool ogica] Association contract for Operational Services at the Fort Worth Zoo was on the issue of the MBE program and not with the contract for services. Mr. William Wood, Deputy City Attorney, appeared before the City Council and advised the City Council of proposed changes to the contract with the Fort Worth Zoo Association for Operational Services at the Fort Worth Zoo, as follows: Add language to the last sentence of the first paray raph of Section 3.05, so that the last sentence in the firs[ paragraph of Section 3.05 will read as follows: "In addition, no exhibits shall be constructed by the Zoo Association after the effective date unless and until the type and location of such exhibit is first approved by the City Council and the Zoo Association has Drovid ed documentation, subject to the satisfaction of the Li ty Manager, that the Zoo Association has available sufficient funds to assure [he completion of the proposed exhibit." Following the first sentence in the second paragraph of Section 3.01, add the following sentence: "However, the Zoo Association shall not apply for said permits necessary for the sale of alcoholic beverages without prior approval of the Fort Worth City Council." 259 TUESDAY, OCTOBER 16, 1990 Iar. William Ilo od 3, After the first sentence in Section 3.16, add "No exhibit may be closed cont. re Zoo to or discontinued from public view for mare Lhan one month without contract proposed prior City Council approval." changes 4. Add new Section 3.17 entitled "Minority And Women Business Enterprise Co~nitment" to read, as follows: IL is Che policy of the Lity of Fort Worth to involve minority and women business enterprises (M/WBEs) in all phases of its procurement practices and to provide them an equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies and provision of other services required by the Lity. Therefore, the Fort Worth Zoological Rssoci ation will use its best efforts to insure [hat Id/WBEs are informed of current and future procurement activities through direct contact with N/WBE firms, coordination with the City's Oisad vantaged Business Enterprise (OBE) Office, coordination with M/N BE conmtunity organization and placing M/WOES on the association's bid list. lia yor Pro to mpore Mayor Pro tempore Gilley made a motion that Section 6.01 be struck and completely Giiiey re Zoo substituted by anew Paragraph 6.01 to read, as follows: "The City agrees that during contract new the due diligence period provided for in Paragraph 6.11 herein, the City shall cause a Paragraph 6.01 comprehensive parking study to be Derformed by the Park and Recreation Advisory Board to determine Lhe appropriate method to provide additional parking spaces in Forest Park '. to provide parking to accommodate Zoo patrons and other Forest Park users. The parkiny ' as shown on Exhibit "C" attached hereto shall be submitted as one of the parking solutions." Council Ide tuber Council Member Garrison made a motion, seconded by Council Member Meadows, that Garrison re Zoo the City Manager be instructed to execute the contract subject to the reservations that contract he will read inclusive of all the amendments that are read into the record, not including the one that Mayor Pro tempore Gilley just came up with on parkiny. lia yor Pro tempore Mayor Pro tempore Gilley made a substitute motion, seconded by Council Member Giiiey substitute Granger, that the City Council out ho rl ze the Lity Manager to execute the attached motion re contract with the Fort Worth Zoological Association with the proposed amendments to 20o contract Sections 3.01, 3.05, and 3.16, and with Lhe proposed additional language of Section 3.17 and with the revised Section 6.01, subject to the City Attorney obtaining a declaratory judgment from a court of competent jurisdiction declaring that the attached contract is not subject to the competitive bid procedures prescribed by Chapter 252 of the Texas Local Government Code. When the substitute motion was put to a vote by the Mayor, it failed to pass by the following vote: AYES: Mayor Bolen; Idayor Pro tempore Gilley; Council Members Zapata and Granger NOES: Council Members Garrison, McCray, Meadows, Webber, and Chappell RBSENT: None Council Member Chappell made a motion, seconded by Council Member Zapata, that the last motion be reconsidered and, when the motion was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Granger, and Chappell NOES: Council Members Garrison, McCray, Meadows, and Webber ABSENT: None When the substitute motion, that Lhe City Council authorize the City Manager to execute Lhe attached contract with the Fort Worth Zoological Association with the proposed amendments to Sections 3.01, 3.05, and 3.16, and with the proposed additional language of Section 3.17 and with the revised Section 6.01, subject to the City Attorney obtaining a declaratory judgment from a court of competent jurisdiction de<lariny that the attached contract is not subject to the competitive bid procedures prescribed by Chapter 252 of the Texas Local Government Code, was put to a vote by the Mayor, it prevailed by the following vote: AYES: Mayor Bolen; Mayor Pro tempore Gilley; Council Members Zapata, Granger, and Chappell NOES: Council Members Garrison, McCray, Meadows, and Webber ABSENT: None Council Member Garrison excused himself from the Council table. Reso iution uo. It appearing to the City Council that Resolution No. 1670 was adopted on ' 1670 re Text Septeinb er 25, 1990, setting today as the date for Special City Council Zoning Hearing Aa mendment ame ndin on a proposed zoning ordinance tent amendment amending Section 17, Non-Conforming Use Section 17 Non- Regulations, and amending Section 20 -Board of Adjustment by providing Lhe Board of Conforming Use Adjustment the power to terminate and amortize non-conforming uses, Zoning Docket R egu~ati ons Z-90- No. Z-90-121, and a proposed zoning ordinance text amendment adding Section 1O, 121 Subsection E, regulating the location of bars in "F" and "G" Commercial Dist ricis, requiring the termination of certain legal nonconforming uses, allowing the Zoning Board of Adjustment to grant special exceptions for certain bars in "F" and "G" Cononercial Dist riot s, and permitting the Zoning Board of Adj us tinent to extend the . period for termination of certain legal nonconforming uses, by revising Section 20 of Ordinance No. 3011 to pe nnit the Zoning Board of Adjustment Lo grant special exceptions 260 •- TUESDAY, OCTOBER 16, 1990 solution N0. 70 re Teat endmen[ cont. ction 17 Non- nforming Uses until Member appell re Z-90- t Resolution Ilo 70 Robert Snoke, nt Ki ckey. and k Tollett re 0-121 Gloria Sties Z-90-121 for certain bars in "F" and "G° Commercial Districts, Zoning Docket No. Z-90-112, and that said resolution was published in the Fort Worth Commercial Recorder on September 28, 1990, Mayor Bolen asked if there was anyone present desiring Lo be heard. Co until Member Chappell made a motion, seconded by Council Member Meadows, that Section 17, Legal Ilonconforining Uses, Buildings and Structures, of the Comprehensive Zoning Ordinance, being Ordinance No. 3011, as amended, codified as Appendix "A" of The Code of the City of Fart Wo rtj Texas (1986), as amended, be ain end ed and revised by adding language to tJle proposed amendment, as follows: D. 3. Any existing one or two-family dwelling, made nonconforming by the passage of a suhseq uent ordinance, may be rebuilt, altered or added to, providing such additions or alterations meet the requirements of the "A" One-Family District and "B" Two-Family District, respectively. 4. Additions, alterations and extensions to buildings and structures which are none onfo riving as to yards or height only shall be permitted without necessity of Board approval, provided that the portions added, altered or extended shall fully comply with all zoning regulations. that Section 20, "Board of Adjus tinent", "B". Duties and Powers of Board, 0. Nonconforming Uses - Amortization: be aloe nded by inserting the following language between the first and second paray raph in the proposed amendment, as follows: "If the Board of Adjustment decides that good cause exists for to nnination, the owner of the particular nonconforming use shall have the burden of establishing the amount of his investment in the nonconforming structure" and that Section 17 - Nonconforming Use Regulations, O. 2. Continuing Lawful Use of Property, be amended by changing "90" days to "180" days. Messrs. Robert Snoke, Brent Dickey, and dock Tollet[ appeared before the Lity Council and expressed opposition to the proposed ainendinents to the Comprehensive Zoning Ordinance regarding nonconforming use regulations and amortization of nonconforming uses, Zoning Ooc ket No. Z-90-121. Ms. Gloria Stiles, representing -the Greater Fart North Board of Realtors, Inc., appeared before the City Council and read correspondence into the record, as follows: OCTOBER 16, 1990 TO: CITY COUNCIL - CITY OF FORT WORTH FROM: GLORIA STILES, PRESIDENT GREATER FORT WORTH BOARD OF REALTORS The leadership of the Greater Fort Worth Board of REALTORS recently received a copy of proposed Ordinance 43011, amending Lhe comprehensive zoning ordinance of the City of Fort Worth. After a brief analysis of this proposal, it is respectfully requested that the City Council consider a continuance of the matter and a possible re-drafting of the ordinance to more fully define the intent and purpose. Based on the proposed language, our organization cannot adequately ascertain the affect or impact on real estate or private property rights. The leadership of the Greater Fort Worth Board of REALTORS bases the request on the Following references: Proposed Section 17 - Legal Nonconforming Uses, Buildings and Structures. A. INTENT AND PURPOSE (1 and 2). Paragraph speaks to uses and structures to be eventually eliminated; however, reference to uses and structures is not used through the drafted proposal consistently. Question left unresolved: What are benign uses? (Undefined language can lead to arbitrary decisions.) (3). Nonconforming uses are declared to be incompatible with Lhe permitted uses in the districts involved; therefore, according to previously noted language all these nonconforming uses and structures woul dbe eventually eliminated. NONCONFORMING STATUS: Language in this proposed draft co uld _pe rpetuate the creation of more nonconforming uses as time goes on. D. CONTINUING LAWFUL USE OF PROPERTY (1). The language "may be continued" is contradictory to Section 20 D (4) which allows for the establishment of a defined termination date. (2). This proposed paragraph speaks to land and structure use. Rmbiguity is created when reference is made to nonconfo rani ng uses and nonconforming structures in some paragraphs and in other paragraphs reference is made only Lo nonconforming uses.