HomeMy WebLinkAboutOrdinance 17366-01-2007ORDINANCE N®. 173b6-01-2007
AN ORDINANCE AMENDING THE COMPREI-IENSIVE ZONING
ORDINANCE OF THE CITY OF FORT FORTH, BEING
ORDINANCE 1®10. 1396, AS AMENDED, CODIFIED AS
APPENDIX "A" OF THE CODE OF THE CITY OF FORT
WORTH, BY ESTABLISHING SECTION 2.1.05 "URBAN
FORESTRY BOARD" TO ESTABLISH A NINE 1VIEMBER
BOARD, 2.105A CREATION AND APPOINTMENT, 2.105B
TERMS OF OFFICE, 2.105C MEETING AND QUORUM, 2.105D
ATTENDANCE REPORTS, 2.1.05E STAFF RESPONSIBILITY
2.105E POWERS AND DUTIES, AND 2.105G DECISIONS OF THE
URBAN FORESTRY l~OARD; PROVIDING THAT THIS
ORDINANCE SHALL BE COUMULATIVE; PROVIDING A
SAVINGS CLAUSE, PROVIDING A PENALTY CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEi1~SPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in order to maintain and enhance a positive image and a livable city
it is important to promote site planning which furthers the preservation of mature trees
and to protect trees during construction, to facilitate site design and construction which
contribute to the long term viability of existing trees and to control the removal of trees
when necessary;
VVI-IEREAS, at the November 2 and 9, 2004 City Council meetings, citizens
spoke about concerns of clear cutting in their comrriunity, provided numerous pictures
and testimony about actual examples of clear cutting that has happened in areas
surrounding their homes and neighborhoods, and requested the City Council to put an
immediate moratorium on clear cutting;
VVIIEREAS, on November 16, 2004, the City Council approved Ordinance
Number 16208 (Mayor and Council Communication PZ-2556) establishing a thirty day
moratorium on the removal of protected trees equal to or greater than six inches in
diameter on an acre ar larger parcel of land without a permit from the City Forester;
WHEREAS, the moratorium was enacted and continued in order to maintain the
status qua while the Citizen Advisory Committee continued to the study of the adoption
of a tree preservation ordinance;
WHEREAS, the Government and Neiglaborhaod Relations Committee
established a committee consisting of two City Council members, a Zoning Commission
member, representatives from neighborhood and builder associations, Scenic Fort Worth,
the Fort Worth Garden Club, utility companies, real estate investors, urban forestry and
other interested parties to study the practices in other cities and advise the Council
Committee on possible regulations related to tree preservation;
WHEREAS, the Citizen Advisory Committee recommended the adoption of
interim regulations to regulate the removal of protected trees during the time the
committee compares and analyzes other tree preservation ordinances in order to make a
recommendation. an regulations to the Council Committee and the full City Council;
WHEREAS, on December 14, 2004, the City Council approved Ordinance
Number 16232 (Mayor and Council Communication G-1617) extending the moratorium
until January 28, 2005 to allow time for the Zoning Commission and City Council to
consider interim regulations;
WHEREAS, on January 1 S, 2005, the City Council approved Ordinance Number
16270 establishing interim regulations in order to allow the City to complete the public
process far consideration of amendments to the Zoning Ordinance to provide regulations
for the protection and replacement of trees as recommended by the citizen advisory
committee;
WHEREAS, the Citizens Advisory Committee recommended to the City Council
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provisions that would better meet the needs of the city and those xecammendatians wexe
reviewed by the public thxough citizen infaxmatian meetings and Zoning Commission
hearings;
WHEREAS, an October 3, 2006, the City Council approved the zoning text
amendment, ZC-06-183, amending Subsection K "Preservation of Trees" of Section 6.301
"Landscaping and Buffers" to revise the current regulations by adding new language
related to tree coverage, preservation, planting and maintenance and to require the
establishment of an Urban Forestry Board to hear appeals from administrative decisions;
1!T®~, THEREF®RE, ICE IT ®RI~.AIIVEI~ RY TI~IE CITY C®UNCIL ®F`
THE CITY ®F F®I2T W®RTII, TEXAS
SECTI®1®1 1.
Chapter 2, "Review Bodies" of Article 2, "General" is hereby amended to add a
new section, Section 2.lOS, "Urban Forestry Board" to hear appeals from administrative
decisions regarding tree regulations to read as follows:
2.105 Urban Forestry Board
A. Creation and Appointment
There is hereby created an Urban Forestry Board. to be composed of nine
qualified electors of the City of Fort Worth. It is policy that the City
Council will consider for appointment to the Urban Forestry Board only
those persons who have demonstrated their civic interest, general
knowledge of the community, independent judgment, understanding of
zoning, planning, urban forestry, development and real estate practices,
and availability to prepare for and attend meetings. Preference on
appointments will be given, where feasible, to the persons who possess
knowledge ax baclcgxaund in the following fields:
l . Property development;
2. Forestry;
3. Building or site design; or
4. Mortgaging and financing.
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B. Terms of Off ce
The members of the Urban Forestry Board shall be identified by place
numbers one through nine. The odd-numbered places shall expire on
October 1 of each odd-numbered year and the even-numbered places shall
expire October 1 of each even-numbered year. Members may be appointed
to succeed themselves. Vacancies shall be filled far unexpired terms but
no member sha11 be appointed for a term in excess of two years.
C. Meetings and Quaru~n
Six members of the Urban Farestry Board shall constitute a quorum for
the conduct of business. Five affirmative votes shall be required to decide
any issue before the Urban Forestry Board. The members of the Urban
Forestry Board shall regularly attend meetings and public hearings and
shall serve without compensation, except for reimbursement for
authorized expenses attendant to the performance of their duties.
Notice of hearings /case reviews will occur in accordance with City
Council notification policy equal to zoning cases.
D. Attendance Report
Each month a report shall be submitted to the City Council showing the
cumulative attendance of each member of the Urban Forestry Board, with
notation of members who have been. absent from three consecutive
meetings.
E. Staff Responsibility
The Parks and Community Services Director, City Forester and any
designated represezktatives shall be the regular technical advisors to the
Urban Farestry Board.
F. Powers and Duties
The Urban Forestry Board shall have the powers and exercise the
provisions of Subsection K of Section 6.301 "Landscaping and Buffers" of
the Zoning Ordinance. The primary purpose of the Urban Forestry Board
is to hear appeals of decisions of the City Forester.
G. Appeal of Decision by Urban Farestry Board
Any aggrieved person or entity may appeal any decision of the Urban
Forestry Board to the Zoning Board of Adjustment. A written notice of
appeal must be filed with the executive secretary for the Board of
Adjustment within ten (10) days after the Board's decision. The Zoning
Board of Adjustment shall schedule a hearing at its next regularly
scheduled meeting where notice can be provided as required by law. The
Board of Adjustment may uphold, reverse, or modify the Urban Farestry
Board's decision.
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~ECTI®N 2.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (19$6), 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 conflicting provisions of such ordinances and such Cade are hereby
repealed.
~EC`TI®IV~ 3.
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 judgrnent or decree of any court of competent jurisdiction,
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 in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
~~CTIC®N 4.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to
any and all violations of the provisions of Qrdinance 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
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ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
S1; CTl[®N S.
The City Secretary of the City of Dort 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 o£ the City of Fort Worth, Texas, as authorized by Section 52.013,
Texas Local Governzxzent Code.
SECTS®N 6.
This ordinance shall tape effect after adoption and publication as required by law.
AFPROVED AS TO FORM AND LEGALITY:
Assistant City tton~ey
ADOPTED: f'j~~'' t~ 7
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El~l?ECTIVE: ~`I~
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