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HomeMy WebLinkAbout2010/08/10-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 10, 2010 Present Mayor Mike Moncrief Mayor Pro tem Daniel Scarth, District 4 Council Member Salvador Espino, District 2 Council Member W. B. "Zim" Zimmerman, District 3 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Kathleen Hicks, District 8 Council Member Joel Burns, District 9 Staff Prevent Dale Fisseler, City Manager David Yett, City Attorney Marty Hendrix, City Secretary I. CALL TO ORDER With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 7:03 p.m. on Tuesday, August 10, 2010, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. IL INVOCATION - Reverend David Wynn, Agape Metropolitan Community Church The invocation was provided by Reverend Teri Lubbers, Associate Pastor, in the absence of Reverend David Wynn, Agape Metropolitan Community Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF AUGU 3 2010 Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that the minutes of the regular meeting of August 3, 2010, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Fisseler requested that Mayor and Council Communication No. L -15033 be withdrawn from the Consent Agenda for individual consideration. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 10, 2010 PAGE 2 of 17 '• . 1 1 " '• City Manager Fisseler requested that Mayor and Council Communication No. C -23455 be withdrawn from consideration. VII. CONSENT AGENDA Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Burns, that the Consent Agenda be approved as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. A. General - Consent Items 1. M &C G -17004 - Authorize Reimbursement to Hillwood Development Corporation for Water System On -Site Credits and User Refunds in the Amount of $94,811.46 for Locations in North Fort Worth. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Reimburse Hillwood Development Corporation in the Amount of $94,811.46, for Water System On- Site Credits and User Refunds for Locations in North Fort Worth. C. Land - Consent Items 1. M &C L -15031 - Authorize the Direct Sale of a Tax - Foreclosed Property Located at 2500 Marlin Street to Lagina Kissentaner d /b /a Hands of Peace in the Amount of $6,000.00. Approved by the City Council as recommended and as follows: Authorizing the Direct Sale of a Tax - Foreclosed Property Located at 2500 Marlin Street, Described as Lot 1, Hollis Subdivision, Fort Worth, Texas, to Lagina Kissentaner d /b /a Hands of Peace, in Accordance With Section 34.05 of the Texas Tax Code for a Sales Price of $6,000.00; and Authorizing the City Manager, or His Designee, to Execute and Record the Appropriate Instruments Conveying the Property to Complete the Sale. 2. M &C L -15032 - Authorize the Direct Sale and Purchase of a Tax - Foreclosed Property Located at 934 Harvey Avenue East to the City of Fort Worth in the Amount of $2,471.93. Approved by the City Council as recommended and as follows: Authorizing the Direct Sale of a Tax - Foreclosed Property Located at 934 Harvey Avenue East, Described as Block 30, Lot 9, Southland Subdivision, Fort Worth, Texas, to the City of Fort Worth for a Sales Price of $2,471.93; Authorizing the Purchase of the Property; and Authorizing the City Manager, or His Designee, to Execute and Record the Appropriate Instruments to Complete the Transfer of the Property. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 10, 2010 PAGE 3 of 17 (VII. CONSENT AGENDA Continued) D. Planning & Zoning - Consent Items 1. M &C PZ -2903 - Adopt an Ordinance Vacating a Portion of Atlanta Street from South Freeway to Ramsey Street and an Alley from South Freeway to Evans Avenue. Approved by the City Council as recommended and as follows: Adopting Ordinance No. 19263 -08- 2010 Vacating and Extinguishing a Portion of Atlanta Street, From South Freeway to Ramsey Street, and an Alley in Block 11, Hyde Park Addition, City of Fort Worth, Tarrant County, Texas, Providing for Reversion of Fee in Said Land; Providing That the City Shall Retain All Existing Utilities Easements; and Waiving Any and All Purchase Fees Value of the Vacated Land in Accordance with City Policy (M &C G- 15624). 2. M &C PZ -2904 - Adopt an Ordinance Vacating a Portion of MidCourt and Kent Street Located South of Bellaire Drive within the Texas Christian University Campus. Approved by the City Council as recommended and as follows: Adopting Ordinance No. 19264 -08- 2010 Vacating and Extinguishing a Portion of Kent Street and a Portion of MidCourt, Located Adjacent to Lot D -1, Block 22, Bellaire Addition and Lots 1, 2, and 3, Block 12, Texas Christian University Addition, and Lots 19 -21, of Block 22 of Bellaire Addition, City of Fort Worth, Tarrant County, Texas, and Containing Approximately 49,720 Square Feet of Land More or Less; Providing for Reversion of Fee in Said Land; Providing That the City Shall Retain All Existing Utilities Easements; and Waiving Any and All Purchase Fee Value of the Vacated Land in Accordance with City Policy (M &C G- 15624). 3. M &C PZ -2905 - Authorize an Application for the Rezoning of Certain Properties in the Central Meadowbrook Neighborhood in Accordance with the Comprehensive Plan. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Initiate Certain Zoning Changes in the Central Meadowbrook Neighborhood, From "A -5" One - Family, "B" Two - Family, "CR" Low Density Multi- Family, "C" Medium Density Multi- Family and "D" Multi- Family, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, "FR" General Commercial Restricted, "F" General Commercial, and "G" Intensive Commercial to "A -21" One - Family, "A -10" One - Family, "A- 10/HC" One- Family/Historical and Cultural Overlay, "A -7.5" One - Family, "A -5" One - Family, "A -5 "/HC One- Family/Historical and Cultural Overlay, "B" Two - Family, "CR" Low Density Multi- Family, "C" Medium Density Multi- Family, "CF" Community Facilities, "ER" Neighborhood Commercial Restricted, and "E" Neighborhood Commercial in Accordance With the Comprehensive Plan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 10, 2010 PAGE 4 of 17 (VII. CONSENT AGENDA Continued) E. Award of Contract - Consent Items 1. M &C C -24388 - Authorize Interlocal Agreements with Various Municipalities and Other Governmental Entities for Participation in the Environmental Collection Center Household Hazardous Waste Program Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute Interlocal Agreements With Various Municipalities and Other Governmental Entities for Their Participation in the Environmental Collection Center Household Hazardous Waste Program. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S - 1781 - Notice of Claims for Alleged Damages and /or Injuries End of Consent Agenda. C. Land - Consent Items (Removed from Consent for Individual Consideration) . . Texas Way at Meacham International Airport, Fort Wo 1 � The recommendation is that the City Council authorize the Conveyance of One (1) Variable Width Utility Distribution and Right -of -Way Easement to Oncor Electric Delivery Company, LLC, on City Airport Property, 124 Texas Way at Meacham International Airport, Described as Lot A -1, Block 1 and a Part of Block 1, Meacham Airport Addition, Fort Worth, Texas; and Authorize the City Manager, or His Designee, to Execute and Record the Appropriate Instruments. Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. L -15033 be approved as recommended. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan. IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. There were no special presentations or introductions. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 10, 2010 PAGE 5 of 17 X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Ms. Charlsye B. Lewis be appointed to Place 7, effective August 10, 2010, with a term expiring October 1, 2011, and Dr. Robert Norris be reappointed to Place 2, effective August 10, 2010, with a term expiring on October 1, 2012, on the Animal Shelter Advisory Committee, The motion carried unanimously nine (9) ayes to zero (0) nays. Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman, that Resolution No. 3909-08-2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 2. A Resolution of the City Council of the City of Fort Worth Texas to Change the Time of the City Council Meeting of Tuesday, Set�tember 21, 2010, to Accommodate the Council Members Attendin2 the Joint Subcommittee Hearing of the House Committee on Judiciary and Civil Jurisprudence and the House Committee Hearing on Redistricting Motion: Council Member Zimmerman made a motion, seconded by Council Member Burns, that Resolution No. 3910-08-2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 10, 2010 PAGE 6 of 17 Mayor Moncrief advised that the Council would move down the agenda to Agenda Item XIV. Report of the City Manager and consider Mayor and Council Communication No. G- 17008. w w w, The recommendation is that the City Council consider a Waiver Request by Chesapeake Operating, Inc., for Four (4) Gas Well Permits Less Than 600 Feet From Protected Uses on the Westridge Lease Located at 3900 Bryant Irvin Boulevard. Mayor Moncrief advised that the applicant, Chesapeake Operating, Inc., had totally withdrawn from consideration this agenda item from consideration. He explained that individuals who had signed up to speak regarding this item could still do so; however, the request had been withdrawn and was no longer before the Council for consideration. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. a. Report of City Staff There was no report of City Staff. b. Citizen Presentations Mr. Howard Jacobs, 5404 Farnsworth, completed a speaker card in support of Mayor and Council Communication No. G- 17008, but did not wish to address the Council. The following individuals appeared before Council in opposition to Mayor and Council Communication No. G -17008 and stated that Chesapeake had provided inaccurate and deceptive information to area residents regarding the gas well and waivers. They further stated that the property in question was surrounded by residences and the proposed gas well would negatively impact the property values. They advised that they were very concerned about the increased neighborhood traffic and pointed out that the traffic was already extremely dangerous to pedestrians walking and jogging in the area. They stated they were concerned about the current air and water quality and added that drilling should not take place until the results of the independent air quality study had been received and presented to the public. They advised that there were environmentally friendly ways to drill and used Devon Energy as an example. They further stated that the noise levels were not conducive to a residential environment and would be a disturbance. They also advised that they were concerned about CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 10, 2010 PAGE 7 of 17 (G -17008 Continued) who to contact and response time, should an emergency occur at the site. The Como Community stated that they wanted to see the vacant lots in Como filled with median and senior housing, not gas wells. They also expressed concern over Chesapeake Operating, Inc., being able to resubmit their request to drill in this area. They requested the gas well drilling ordinance be reviewed and updated so that a request for multiple wells on a pad site was completely separate from a request for one (1) well. They further stated that vacant land owned by drilling companies should not be able to be grandfathered and added that grandfathering should be allowed only on land that had an existing well. They acknowledged the XTO pad sites on Hemphill and stated the residents were excluded from discussion of those wells and that the Southwest Baptist Seminary was given preferential treatment. They ultimately requested the Council deny any requests for drilling in the area. Ms. Vanessa Williams, 5921 Goodman Avenue (provided letters in opposition) Mr. George Barnes, 5300 Helmick Avenue Ms. Jewel Speed, 5912 Kilpatrick Avenue Ms. Suzie Jary, 6416 Locke Avenue Mr. Gary Hogan, 2117 Rolling Creek Run Mr. Jim Ashford, 6209 Riverview Circle (displayed excerpts from the Gas Well Drilling Ordinance) Mr. Robert Snoke, 3826 6th Avenue The following individuals completed speaker cards in opposition to Mayor and Council Communication No. G- 17008, but did not wish to address the Council. Ms. Doreen Geiger, 6413 Chauncery Place Mr. Jerry Lobdill, 6336 Darwood Avenue Mayor Moncrief and Council Members Burdette, Hicks and Zimmerman all expressed appreciation to the citizens for attending the meeting and expressing their opinions. They stated a bridge had been built between two (2) communities (Ridgela and Como) and added they hoped that the communication would remain open in the future. They also stated that the gas well drilling ordinance had provisions for waivers and pointed out that it was clear that the number if waivers required had not been met. They further stated that the air quality study was extremely important to both the Council and the community and added that the sites would be tested in hot and cold temperatures. c. Council Action Council Member Zimmerman advised that the applicant requested this item be withdrawn. Motion: Council Member Zimmerman made a motion, seconded by Council Member Burdette, that the public hearing be closed and Mayor and Council Communication No. G -17008 be withdrawn. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 10, 2010 PAGE 8 of 17 Mayor Moncrief recessed the meeting at 7:35 p.m. Mayor Moncrief reconvened the meeting at 7:39 p.m. City Secretary Hendrix advised that the Council would move back up the agenda to Agenda Item XIV. Report of the City Manager and continue with the regular order of the agenda. XIV. REPORT OF THE CITY MANAGER B. General MEMO Street, 1400 Fairmount Avenue #A, 1400 Fairmount Avenue #C and 1701 Alston Avenue. The recommendation is that the City Council approve the Applications From Multiple Property Owners for Partial Approval of the Historic Site Tax Exemption for 1228 South Adams Street, 2221 6th Avenue, 2100 Hemphill Street, 2110 Hemphill Street, 1400 Fairmount Avenue #A, 1400 Fairmount Avenue #C and 1701 Alston Avenue. Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. G -17005 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. 2. MSC G -17006 - Approve Verification of Historic Site Tax Exemption for 1609 Hurley Avenue. The recommendation is that the City Council approve the Application From a Property Owner for Verification of the Historic Site Tax Exemption for 1609 Hurley Avenue. Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. G -17006 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. 3. M&C G -17007 - Adopt an Ordinance Directing Publication of Notice of Intention to Issue Combination Tax and Revenue Certificates of Obligation, Series 2010A in an Amount Not to Exceed $50,000,000.00 a nd Ordaining ter M atters Relating_12 the Subject The recommendation is that the City Council adopt an Ordinance Directing Publication of Notice of Intention to Issue Combination Tax and Revenue Certificates of Obligation, Series 2010A, in an Amount Not to Exceed $50,000,000.00; Approve the Form of Notice of Intention to Issue Combination Tax and Revenue Certificates of Obligation; Authorize the City Manager to Cause Said CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 10, 2010 PAGE 9 of 17 (G -17007 Continued) Notice to be Published in a Newspaper of General Circulation in the City of Fort Worth, Texas, for Two (2) Consecutive Weeks, the Date of the First Publication to be Prior to the Thirtieth Day Before the Day Tentatively Proposed for Authorizing the Issuance of the Certifications of Obligation; and Authorize the Proceeds to be Used for Critical Capital Needs, Phase II of the Enterprise Resource Planning (ERP) System, Acquisition of and Improvements to Parking- Related Assets, and the Acquisition of Fire Equipment. Mr. James Mauldin, City Treasurer, Financial Management Services Department, appeared before Council and provided a staff report. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. G -17007 be approved as recommended and Ordinance No. 19265 -08 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. E. Planning & Zoning 1. M&C PZ-2899 - Adopt an r i a ce Vacating a P rtion of Southern Street,32nd Street, Webber Street Lulu Street, Schadt Street and Various Alley Rights-of-Way in Morgan Heights and the W.A. Archers Addition in Connection with the Assembly of a Gas Well Site. (Continued from a Previous Meeting] The City Council at its meeting of July 27, 2010, continued Mayor and Council Communication No. PZ -2899. The recommendation is that the City Council adopt an Ordinance Vacating and Extinguishing Portions of Southern Street, Thirty Second Street, Webber Street, Lulu Street, Schadt Street and Various Alley Rights -of -Way Situated in the Morgan Heights and W.A. Archers Additions, Additions to the City of Fort Worth, Tarrant County, Texas, in Connection With the Assembly of a Gas Well Site; and Waive Any and All Purchase Fee Value of the Vacated Land in Accordance With City Policy (M &C G- 15624). Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. PZ -2899 be approved as recommended and Ordinance No. 19266 -08 -2010 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 10, 2010 PAGE 10 of 17 F. Award of Contract CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 10, 2010 PAGE 11 of 17 (C -24390 Continued) Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. C -24390 be approved as recommended and Ordinance No. 19267 -08 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. XV. ZONING HEARING JIMMMM AM= =OUT a Approval) The City Council at its meeting of July 13, 2010, continued Zoning Docket No. SP -10 -003 Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Zoning Docket No. SP -10 -003 be denied with appreciation to the Housing and Economic Development Department staff. The motion carried unanimously nine (9) ayes to zero (0) nays. It appeared to the City Council that the Notice of Special Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Fort Worth Star - Telegram, the official newspaper of the City of Fort Worth, on July 23, 2010. plus Metal Recycling Facility ; Site Plan Included (Recommended for Approval) Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. The following individuals completed speaker cards in support of Zoning Docket No. ZC -10 -094, but did not wish to address the City Council. Mr. Tommy Mann, representing the applicant, 5400 Renaissance Tower, 1201 Elm Street, Dallas, Texas 75270 Mr. J.D. Granger, representing Trinity River Valley Authority, 307 West 7th Street, Suite 100 Council Member Espino urged the applicant to visit with stakeholders about alternate locations for the metal recycling facility. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 10, 2010 PAGE 12 of 17 (ZC -10 -094 Continued) Motion: Council Member Espino made a motion, seconded by Council Member Burns, that Zoning Docket No. ZC -10 -094 be continued until the September 14, 2010, Council meeting . The motion carried unanimously nine (9) ayes to zero (0) nays. c 1 Map Change & Text Amendment: 1) An ordinance amending the 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, by amending Article 9 "Commercial Districts ", of Chapter 4, "District Regulations" to amend Section 4.908 "Trinity Uptown ( "TU ") District" to revise the number of core zones within the district from seven to nine zones; to revise the legal description of The Core Zones; to revise in its entirety the Development Standards and Guidelines for the Trinity Uptown District; to amend Section 4.1201 "Trinity Uptown District" to provide for administrative approval of Certificate of Appropriateness under certain circumstances; and to revise the appeal process. 2) An ordinance amending the 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, by amending: Article 9 "Commercial Districts ", Of Chapter 4, "District Regulations" to add a new section, Section 4.1202 "Trinity Uptown Peripheral Zone Overlay ( "TUP ") District "; providing for Design Standards And Guidelines for new construction and certain renovations in the Trinity Uptown Peripheral Zone Overlay District; requiring a Certificate of Appropriateness for new construction and certain renovations in the Trinity Uptown Peripheral Zone Overlay District; providing for administrative approval of Certificate of Appropriateness under certain circumstances; and, providing an appeal process. 3) From: "A -5" One - Family, "A -5/1)1)" One- Family/Demolition Delay, "D/DD" High Density Multifamily/Demolition Delay, "E" Neighborhood Commercial, "H" Central Business District, "I" Light Industrial, "J" Medium Industrial, "K" Heavy Industrial, "K/DD" Heavy Industrial/Demolition Delay, "O -1" Floodplain, "TU/NV Trinity Uptown/Neighborhood Zone, "TU/N2" Trinity Uptown/Neighborhood Zone, "TU/N3" Trinity Uptown/UL" Trinity Uptown/Urban Lake, "TU /TCCD" Trinity Uptown /Tarrant County College, "TU/NM" Trinity Uptown/North Main, "TU/LF" Trinity Uptown/La Grave Field, "TU/NM/DD" Trinity Uptown/North Main/Demolition Delay, "TU/NM/HC" Trinity Uptown/North Main/Historic & Cultural Overlay, "PD -487" Planned Development for H uses with exclusions and development standards, "PD -488" Planned Development for H uses with exclusions and development standards and "PD -772" Planned Development for TU -N1 uses to allow administrative approval up to 10% gross floor, height or ground cover and 25% reduction in parking, site plan approved SP -07 -036 To: "TU/UL -1" Trinity Uptown/Urban Lake, "TU/UL -2" Trinity Uptown/Urban CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 10, 2010 PAGE 13 of 17 (ZC -10 -106 Continued) Lake, "TU/UL -3" Trinity Uptown/Urban Lake, "TU /TCCD" Trinity Uptown /Tarrant County College District, "TU/LF" Trinity Uptown/La Grave Field, "TU/NM" Trinity Uptown/North Main, "TU/N -1" Trinity Uptown /Neighborhood Zone, "TU/N -2" Trinity Uptown/Neighborhood Zone, "TU/N -3" Trinity Uptown/ Neighborhood Zone, add seven TU Peripheral Overlay Zones to existing districts, and to retain HC and DD designations. (Recommended for Approval) (Continued from a Previous Meeting) The City Council at its meeting of July 20, 2010, continued Zoning Docket No. ZC -10 -106. Council Member Espino requested clarification of the Trinity Uptown peripheral zone design overlay standards and guidelines. Mr. J.D. Granger, representing Trinity River Valley Authority, 307 West 7th Street, Suite 100, appeared before Council in support of Zoning Docket ZC -10 -106 and stated that City Council adopted Trinity Uptown Development Standards and Guidelines (Standards and Guidelines) for the island area in 2006 and pointed out that this was recommended by: the City Staff, a 38- member Citizen Advisory Committee and Trinity River Valley project partners. He advised that the Standards and Guidelines had won awards from various organizations. He stated that the Trinity Uptown general development principals were to promote a pedestrian- oriented urban form; require excellence in the design of the public realm and of buildings that front public spaces; maximize connectivity and access; create a network of distinctive neighborhoods that provide diverse urban housing options; encourage authentic Fort Worth character in new development, creativity and exceptional design, and adaptive reuse and support the preservation of historically significant buildings; promote sustainable development that enhances the City's natural resources; encourage the integration of public art into public and private development; support existing Trinity Uptown businesses; and promote development that compliments Downtown Fort Worth. He advised that the revisions to the core zones were based on property owner input, changes in land use and additional civil design. He stated that Peripheral Zones were introduced to respond to recommendations by City Council, Citizen Advisory Committee and land owners. He further stated the established Standards and Guidelines promoted an active waterfront, complimentary neighboring uses and created overlay for areas adjacent to Trinity Uptown. He advised that the following persons and groups had been contacted regarding this item: TRV Authority Board of Directors, Tarrant County College (TCC) Board of Directors and staff, Tarrant Regional Water District Board of Directors, TRV Authority Citizen Advisory Committee, each landowner within Trinity Uptown (Core Zone) impacted by the proposed canal changes and major landholders (LaGrave Development/Bell Group, Oncor Electric, TCC). He also advised that multiple neighborhood meetings with property owners were held in each of the eleven (11) peripheral zones and the draft document was CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 10, 2010 PAGE 14 of 17 (ZC -10 -106 Continued) posted at www.trinityrivervision.org. He requested the City Council adopt the revised Standards and Guidelines to supersede existing zoning conditions and adopt the Standards and Guidelines to protect the waterfront and promote complimentary uses between neighboring districts. Mr. Larry Fowler, representing Shannon, Gracey, Ratliff and Miller Law Firm, 777 Main Street, appeared before Council and stated the properties located at 950 North University and 1229 Jacksboro Highway did not wish to be included in the Trinity Uptown Peripheral Zone Design Overlay (displayed excerpts from the guidelines and standards). He advised that his client was opposed because the peripheral zone standards and guidelines stated in the development review process, that private construction projects were subject to review by the Urban Design Commission for compliance and stated that this was unacceptable. Council Member Espino requested clarification of why Mr. Fowler's client's property should be included in the peripheral zone. Ms. Dana Burghdoff, Deputy Director, Planning and Development Department, stated that including the property gave them the opportunity to see the project in the Planning and Development Department and gave them the chance to communicate with the applicant and make them aware of the guidelines. She also advised that it would allow the staff to make sure that the property owners knew about other capital projects that might affect their property. She pointed out that it was an excellent communication tool and it ensured a comprehensive understanding of the guidelines. Council Member Espino asked if it was staff's recommendation to approve the amendment to the Standards and Guidelines to clarify that the guidelines were not enforceable by law and were not a basis of denying a Certificate of Appropriateness. Ms. Burghdoff confirmed that this was the recommendation and that the amendment to the Standards and Guidelines was to clarify that the guidelines were not enforceable and were not a basis of denying a Certificate of Appropriateness. Council Members Espino and Burns expressed appreciation to Ms. Burghdoff and staff for their hard work on this project and stated the amendment with the clarification made sense at such an important juncture. Council Member Burdette expressed appreciation to Council Member Espino and the Planning and Development Department staff for their work on this project. He stated that the property owners should not be required to appear before another governing body to have plans reviewed. He further stated that the staff should be able to identify property that would have a visual impact on the City and stated the onus should be placed on the property owner not on all properties. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 10, 2010 PAGE 15 of 17 (ZC -10 -106 Continued) Ms. Burghdoff clarified that the property owner would not be required to appear before another governing body, they would submit a request in the Planning and Development Department during the normal building permitting process where the guidelines were applicable. She reiterated that the amendment to the Standards and Guidelines was to clarify that the guidelines were not enforceable by law and were not a basis of denying a Certificate of Appropriateness. There being no one else present desiring to be heard in connection with the Text Amendment, Council Member Espino made a motion, seconded by Council Member Burns, that the Zoning Hearing be closed, and Zoning Docket No. ZC -10 -106 be approved, and the following ordinances be adopted: ORDINANCE NO. 19268 -07 -2010 AN ORDINANCE AMENDING THE 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, BY AMENDING ARTICLE 9 "COMMERCIAL DISTRICTS ", OF CHAPTER 4, "DISTRICT REGULATIONS" TO AMEND SECTION 4.908 "TRINITY UPTOWN ( "TU ") DISTRICT TO REVISE THE NUMBER OF CORE ZONES WITHIN THE DISTRICT FROM SEVEN TO NINE ZONES; TO REVISE THE LEGAL DESCRIPTION OF THE CORE ZONES; TO REVISE IN ITS ENTIRETY THE DEVELOPMENT STANDARDS AND GUIDELINES FOR THE TRINITY UPTOWN DISTRICT; TO AMEND SECTION 4.1201 "TRINITY UPTOWN DISTRICT" TO PROVIDE FOR ADMINISTRATIVE APPROVAL OF CERTIFICATE OF APPROPRIATENESS UNDER CERTAIN CIRCUMSTANCES; AND TO REVISE THE APPEAL PROCESS. ORDINANCE NO. 19269 -08 -2010 AN ORDINANCE AMENDING THE 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, BY AMENDING: ARTICLE 9 "COMMERCIAL DISTRICTS ", OF CHAPTER 4, "DISTRICT REGULATIONS" TO ADD A NEW SECTION, SECTION 4.1202 "TRINITY UPTOWN PERIPHERAL ZONE OVERLAY ( "TUP ") DISTRICT "; PROVIDING FOR DESIGN STANDARDS AND GUIDELINES FOR NEW CONSTRUCTION AND CERTAIN RENOVATIONS IN THE TRINITY UPTOWN PERIPHERAL ZONE OVERLAY DISTRICT; REQUIRING A CERTIFICATE OF APPROPRIATENESS FOR NEW CONSTRUCTION AND CERTAIN RENOVATIONS IN THE TRINITY UPTOWN PERIPHERAL ZONE OVERLAY DISTRICT; PROVIDING FOR ADMINISTRATIVE APPROVAL OF CERTIFICATE OF APPROPRIATENESS UNDER CERTAIN CIRCUMSTANCES; AND PROVIDING AN APPEAL PROCESS. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 10, 2010 PAGE 16 of 17 Mr. J.D. Granger, representing Trinity River Valley (TRV) Authority, 307 West 7th Street, Suite 100, completed a speaker card in support of Zoning Docket No. ZC -10 -112, but did not wish to address the City Council. Motion: Council Member Hicks made a motion, seconded by Council Member Burns, that Zoning Docket No. ZC -10 -112 be approved as amended for "F" General Commercial zoning. The motion carried unanimously nine (9) ayes to zero (0) nays. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Hicks made a motion, seconded by Council Member Burns, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 19270 -08 -2010 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF - STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS "; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously nine (9) ayes to zero (0) nays. XVI. CITIZEN PRESENTATIONS 1. Mr. Joe Don Brandon, P. O. Box 1155, The Fort Worth ITC Tourist Bus Depot City Secretary Hendrix advised that Mr. Joe Don Brandon would not be in attendance. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 10, 2010 PAGE 17 of 17 XVHL ADJOURNMENT There being no further business, the meeting was adjourned at 8:10 p.m. These minutes approved by the Fort Worth City Council on the 17`" day of August, 2010. Attest: Marty Hen City Secretary Approved: