HomeMy WebLinkAboutOrdinance 23306-08-2018 ORDINANCE NO. 23306-08-2018
AN ORDINANCE AMENDING THE COMPREHENSIVE 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 CHAPTER 21 "REVIEW BODIES" TO AMEND
SECTION 2.102 "URBAN DESIGN COMMISSION" TO ADD TWO
ALTERNATE MEMBERS AND AMEND SECTION 2.103
"HISTORIC AND CULTURAL LANDMARKS COMMISSION" TO
ADD TWO ALTERNATE MEMBERS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council established the Historic and Cultural Landmarks
Commission and Urban Design Commission to enforce design standards and guidelines
and form-based codes for designated zoning districts by hearing and deciding on
applications for Certificates of Appropriateness; and
WHEREAS, each commission consists of nine members who have demonstrated
their civic interest, general knowledge of the community and an understanding of historic
preservation or urban design; and
WHEREAS, additionally whenever possible, each commission should be a
practicing professional from the fields of architecture,landscape architecture,urban design
or planning and real estate; and
WHEREAS, the efficiency of both commissions to hear and decide cases is
impacted by the absence of members and requirement for recusal of other members due to
conflicts of interest resulting in a delay in the City's development processes; and
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WHEREAS, it is recommended by staff to increase the membership of the
Commission to nine regular members and two alternate members to service in the place of
one or more members when there is an absence or recusal; and
WHEREAS, the Zoning Commission recommends that two alternate member
positions be added to each commission to facilitate the timely conduct of official business.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH,TEXAS
SECTION 1.
Chapter 2 of Ordinance No. 21653, the Zoning Ordinance of the City of Fort
Worth, "Review Bodies", Section 2.102 "Urban Design Commission" subsections (b)
"Members" and (c) "Terms of office" is amended to add alternate members to the Urban
Design Commission to serve in the absence of one or more regular members and amend
subsection (d), "Quorum"to delete the word"voting,"to read as follows:
(a) Creation and appointment. There is hereby created an Urban Design
Commission for the purpose of
(1) Recommending the designation of scenic, cultural, architectural or
historical areas of the city as a conservation district;
(2) Recommending the designation of urban design districts;
(3) Reviewing and recommending to the city council the approval or
modification of proposed design guidelines for urban design districts and
conservation districts, except those districts where a separate design review board
is established by the city council;
(4) Reviewing and approving projects in urban design districts and
conservation districts for compliance with design guidelines, except those districts
where a separate design review board is established by the city council;
(5) Reviewing and approving design standards for other projects as directed
by the city council; and
(6) Reviewing and approving appeals from the requirements of§ 6.302.
(b) Members. The Urban Design Commission shall consist of nine regular
members and two alternate members, to serve in the absence of one or more regular
members, all of whom shall be qualified electors of the City. The city council will consider
for appointment to the commission as regular_members and alternate members-only those
persons who have demonstrated their civic interest, general knowledge of the community,
independent judgment, and availability to prepare for and attend meetings. At least six of
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the nine regular member appointees must be practicing professionals from the fields of
architecture, landscape architecture, urban design or planning, real estate, or law. At least
one of the nine regular member appointees must be a practicing or retired professional in
the field of history, architectural history, or other discipline related to historic preservation.
Appointees should be knowledgeable about fundamental principles of urban design and at
least one member should possess or have knowledge of urban forestry principles.
Appointment of the alternate members shall rotate from the aforementioned criteria. The
members of the commission shall regularly attend meetings and public hearings of the
commission and shall serve without compensation, except for reimbursement for
authorized expenses attendant to the performance of their duties.
(c) Terms of office. Place numbers one through nine identify the nine regular
members of the Urban Design Commission. The odd-numbered places expire on October
1 of each odd-numbered year and the even-numbered places expire October 1 of each even-
numbered year. The terms of the alternate members expire on October 1 of odd-numbered
years. Members may be appointed to succeed themselves. Vacancies shall be filled for
unexpired terms but no regular member or alternate shall be appointed for a term in excess
of two years. Members and alternate members shall serve until their successors are
appointed.
(d) Quorum. Five members of the Urban Design Commission shall constitute a
quorum. A motion to approve any matter before the commission shall require the
affirmative vote of five members of the commission.
SECTION 2.
Chapter 2 of Ordinance No. 21653, the Zoning Ordinance of the City of Fort
Worth, "Review Bodies", Section 2.103 "Historic and Cultural Landmarks Commission"
subsections (a) "Creation and appointment" and (b) "Terms of office" are amended to
include language to add alternate members to the Historic and Cultural Landmarks
Commission to serve in the absence of one or more regular members,to read as follows:
(a) Creation and appointment.
(1) There is hereby created the Historic and Cultural Landmarks Commission to be
composed of nine regular members and two alternate members, all of whom are qualified
electors of the City of Fort Worth. The alternates shall serve in the absence of one or more
regular members.
(2) The city council must appoint as regular members and alternate members,persons
who have demonstrated their civic interest, general knowledge of the community,
independent judgment and availability to prepare for and attend meetings. Whenever
feasible, six appointees should be practicing professionals from the fields of architecture,
landscape architecture, history, architectural history, urban planning, archaeology, real
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estate, law or other disciplines related to historic preservation. Appointment of alternate
members should rotate from the aforementioned criteria.
(3) All Historic and Cultural Landmarks Commission members, regardless of
background, must have a known and demonstrated interest, competence, and knowledge
in historic preservation and planning within the City of Fort Worth.
(4) As nearly as is reasonably possible, the Historic and Cultural Landmarks
Commission members as a whole shall fairly represent the ethnic makeup of the City of
Fort Worth.
(b) Terms of office. Historic and Cultural Landmarks Commission members serve for a
term of two years. Newly appointed members will be installed at the first regular meeting
after their appointment. Regular members will serve in places numbered one through nine.
Regular members appointed in odd-numbered places will serve terms that expire October
1 of odd-numbered years. Regular members appointed to even-numbered places will serve
terms that expire on October 1 of even-numbered years.The terms of the alternate members
expire on October 1 of odd-numbered years. Vacancies will be filled for unexpired terms.
Commission members may be appointed to succeed themselves and serve at the discretion
of the city council until a new member is appointed in their place.
SECTION 3.
That this ordinance shall be cumulative of all provisions and of the Code of the City
of Fort Worth affecting zoning and shall not repeal any of the provisions of such
ordinances, except in those instances where provisions of such ordinances are in direct
conflict with the provisions of this ordinance.
SECTION 4.
That all rights or remedies of the City of Fort Worth,Texas, are expressly saved as
to any and all violations of Ordinance Nos. 3011, 13896,21653 or any amendments thereto
that have accrued at the time of the effective date of this ordinance; and as to such accrued
violations, and all pending litigation, both civil or criminal, same shall not be affected by
this ordinance but may be prosecuted until final disposition by the courts.
SECTION 5.
That 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 decree of any court of competent
jurisdiction, such voidness,ineffectiveness or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the
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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.
SECTION 6.
All rights and remedies of the City of Fort Worth, Texas are expressly saved as to
any and all violations of the provisions of Ordinance No. 3011, Ordinance No. 13896,
Ordinance No. 21653 or any other ordinances affecting zoning that 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 7.
This ordinance shall take effect upon adoption by the City Council.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
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Melinda Ramos, Mary J. K er,
Sr. Assistant City Attorney City Secretary
ADOPTED & EFFECTIVE: August 7, 2018
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