HomeMy WebLinkAboutOrdinance 23679-06-2019 ORDINANCE NO. 23679-06-2019
AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE OF
THE CITY OF FORT WORTH, BEING ORDINANCE NO. 17154 AS
AMENDED, CODIFIED AS CHAPTER 31 "SUBDIVISION ORDINANCE"
OF THE CODE OF THE CITY OF FORT WORTH, TO AMEND
ARTICLE IV, "SUBMISSION AND REVIEW PROCESS, SECTIONS 31-
62 AND 31-63 TO CLARIFY PUBLIC NOTICE AND APPROVAL
PROCESS OF FINAL PLATS; AMEND ARTICLE V, "SUBDIVISION
GENERAL STANDARDS," SECTION 31-81 TO PROVIDE FOR THE
INCORPORATION OF REVISED OR ADOPTED DESIGN STANDARDS
OR MANUALS; AMEND ARTICLE VI, "SUBDIVISION DESIGN
STANDARDS," SECTIONS 31-103 AND 31-106 TO CLARIFY GENERAL
STREET DESIGN STANDARDS, BLOCK FACE LENGTH AND
TRAFFIC STUDIES; AMEND ARTICLE VII, "PUBLIC
IMPROVEMENTS," SECTIONS 31-131 THROUGH 31-134 TO
CONFORM TO REVISED AND ADOPTED DESIGN STANDARDS,
MANUALS OR OTHER ORDINANCES; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION AND NAMING AN EFFECTIVE DATE.
WHEREAS, on September 12, 2006, the City Council of Fort Worth adopted
Ordinance Number 17154 which combined the Subdivision Regulations of Chapter 31 of
the City Code and the Plan Commission Rules and Regulations into one revised
subdivision ordinance adopted by the City Council as Appendix C, "Subdivision
Ordinance"to the City Code; and
WHEREAS, on October 30, 2007, the City Council adopted Ordinance Number
17851 which repealed the contents of Chapter 31 "Subdivision Regulations", replaced
with the contents of Appendix C, "Subdivision Ordinance" and repealed Appendix C;
and
WHEREAS, on April 9, 2019, City Council adopted the Active Transportation
Plan which includes provisions for additional pedestrian access easement/lot widths,
future pedestrian access easement and sidewalk connections, and inclusion of trail
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easements/lots to connect to existing and planned trail systems; and
WHEREAS, on May 7, 2019, the City Council adopted the following policies:
Installation Policy and Design Criteria for Water, Waste Water and Reclaimed Water
Infrastructure, Utility Construction Policy and the Transportation Engineering Manual
and the following ordinances: Community Facilities Ordinance, Unit Price Ordinance and
City Code Chapter 30, Streets and Sidewalks; and
WHEREAS, it is advisable to amend the Subdivision Ordinance to eliminate or
minimize any conflicts and duplicative requirements with the various revisions and
updates to the plans, policies and ordinances named above;and
WHEREAS, the City Plan Commission has reviewed the above proposed
amendments and recommends amending the Subdivision Ordinance as proposed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH,TEXAS
SECTION 1.
Chapter 31, "Subdivision Ordinance" of the Code of the City of Fort Worth,
Texas (2015), as amended, is hereby further amended by amending Article IV,
"Submission and Review Process"; Section 31-62, to revise subsection (c), to read as
follows:
Sec. 31-62. SUBMISSION PROCESS.
(c)Public notices. Required notice of the public hearing shall be sent to the applicant
or his or her agent; and to the owners of all properties lying within 300 feet of the
property (as ownership appears on the last approved county tax roll). Notice may
also be sent to the owners of all abutting properties located outside the city limits
and to other persons as the executive secretary determines may be affected by the
proposal. Notice shall be given in writing, deposited in the United States mail,
postage prepaid, not less than ten days prior to the date of commission hearing.
The notice shall advise that a specific proposal has been submitted for
consideration and is available for review in the planning and development
department. The notice shall not be deemed a condition precedent to the holding
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of any public hearing or to any official action concerning the matter before the
Plan Commission.
SECTION 2.
Chapter 31, "Subdivision Ordinance" of the Code of the City of Fort Worth,
Texas (2015), as amended, is hereby further amended by amending Article IV,
"Submission and Review Process"; Section 31-63, to revise subsection (c), to read as
follows:
Sec. 31-63 REVIEW, APPROVAL & EXPIRATION
(c)Plats final plats, short form final plats, replats, vacated plats, conveyance plats,
and amended plats).
(1)Approval.
a. All final plats shall be administratively approved by the executive
secretary, except that a public hearing and plan commission action shall be
required for a vacated plat and for any replat that creates additional single-family
or two- family zoned lots or if the location or width of interior streets and
pedestrian circulation routes are significantly altered.
b.No final plat shall be deemed approved until:
1. All conditions required by these regulations and the commission have
been met;
2. Execution of a community facilities agreement, providing the City with
an acceptable financial guarantee, providing the City with any financial
guarantee required by the county having jurisdiction in the ETJ per an
interlocal agreement under State Senate Bill No. 1445, or the execution of
a future improvements agreement and delivery to City of a check for the
cost of the public infrastructure covered by the future improvements
agreement;
3. The dedication instrument is completed and signed;
4. Any related documents are reviewed and approved; and
5. The commission chairperson's and commission executive secretary's
attesting signatures have been placed on the face of the plat.
SECTION 3.
Chapter 31, "Subdivision Ordinance" of the Code of the City of Fort Worth,
Texas (2015), as amended, is hereby further amended by amending Article V,
"Submission General Standards"; Section 31-81, to revise subsection (b)(5)a., b, and f.
"Incorporation of adopted design standards and policy manuals",to read as follows:
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Sec. 31-81 GENERALLY.
(b) These subdivision regulations shall be administered in accordance with the
following:
(5)Incorporation of adopted design standards and policy manuals.
a. Design manuals. The city's traffic engineering manual and utility
construction policies, as adopted and amended by the City Council and published
by TPW, are hereby incorporated by reference as if fully set forth in these
regulations.
b. Installation of community facilities. The city's Community
Facilities Agreements Ordinance is incorporated by reference, as if fully set forth
in these regulations.
f. Active Transportation Plan. The Active Transportation Plan, as may be
amended, is incorporated by reference as if fully set forth in these regulations.
SECTION 4.
Chapter 31, "Subdivision Ordinance" of the Code of the City of Fort Worth,
Texas (2015), as amended, is hereby further amended by amending Article VI,
"Submission General Standards"; Section 31-103, "Lot Types and Design" to revise
subsection (d)(2). "Incorporation of adopted design standards and policy manuals" and
(e) "Pedestrian access lots or easements,"to read as follows:
Sec. 31-103 LOT TYPES AND DESIGN.
(d)Lots served by conventional septic or aerobic sanitary disposal systems.
(2) Developments to be served by a public wastewater system but having individual
water wells shall have a `dry line' public water system, conforming to city standards, to
allow future connections to the public water supply system for domestic use and fire
protection purposes. See the Installation Policy and Design Criteria for Water,
Wastewater, and Reclaimed Water Infrastructure Manual for standards.
(e)Pedestrian access way lots or easements.
(1) When a school, park, or open space recreation site has only one point of street
access, a mid-block public pedestrian access easement or lot shall be provided.
Where adjacent to a single-family neighborhood, such access ways shall not be
less than 16 feet wide for pedestrian restricted walkways, bicycle paths, and
hiking/jogging paths.
(2) a. All access ways shall be paved to city sidewalk standards, shall contain city
approved lighting illumination arranged so as not to shine directly on adjacent
residential properties, and shall be contained within a designated lot or easement
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of common ownership. An all-weather paved hard access way surface shall be
provided therein, as follows:
1. Five-foot paved surface for 8-foot wide public use easement or lot for
access to lots less than 50 feet in width;
2. Eight-foot paved surface for 10-foot wide public use easement, or 12-
foot wide public pedestrian access easement or lot; and
3. Twelve-foot paved surface for 16-foot wide public pedestrian access
easement or lot.
b. Access ways may be platted as an easement, adjacent to a lot line, or as a
separate designated lot owned and maintained by a property owner's association
within the subdivision.
(3) Developments/subdivisions shall be designed to connect to adjacent existing or
platted sidewalk stub outs as provided on an approved preliminary or final plat.
SECTION 5.
Chapter 31, "Subdivision Ordinance" of the Code of the City of Fort Worth,
Texas (2015), as amended, is hereby further amended by amending Article VI,
"Submission Design Standards"; Section 31-106, "Street Design Standards" to revise
subsections (a)(6) and (7), (b) to be reserved, (c)(5), (13) and (15) and (d)(2), and (k)(2),
to read as follows:
Sec. 31-106 STREET DESIGN STANDARDS
(a) Street types. The primary categorization for thoroughfares is the street type.
Rather than categorizing thoroughfares solely on the basis of traffic volumes and
speeds, the master thoroughfare plan categorizations are designed to reflect
streets' respective land-use contexts, and a balanced approach to the various
transportation modes needing to use each street type. The master thoroughfare
plan includes five street types: activity street, commercial mixed-use street,
neighborhood connector, commercial connector, and system link as follows:
(6)Industrial Street.
c. Right-of-way and roadway design standards. ROW and paving widths
shall conform to those identified in the current Master Thoroughfare Plan.
(7) Collector Street(C).
C. Right-of-way and roadway design standards.
1. Residential collectors (C).
2. Commercial collectors.
(b) [Reserved.][This subsection will be removed in its entirety)
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(c) General street design standards.
(5) Additional right-of-way (ROT) requirements at high volume intersections.
Additional right-of-way, other than the minimums shown in the Master
Thoroughfare Plan (MTP) may be required at high volume driveways for turning
lanes, etc., as determined by TPW during the design phase of the street system
and prior to submitting the final plat.
(13) Residential driveway access limitation. Driveway access from an adjacent
urban local residential, limited local residential, cul-de-sac, loop or
collectorstreet to a residential lot less than 50 feet in width at the building line
shall be by rear access by one of the following means:
a. from an abutting side or rear alley or side or rear driveway within an
appropriate access easement; or
b. from a common shared driveway, centered over the common lot lines
between the adjacent dwelling units continuing through to the rear of the
dwelling units, shall be provided within an appropriate access easement.
(15)Sidewalk requirement. Concrete sidewalks shall be required on both sides of
all public and private streets.
(d) Street and block face design standards. Street and block face lengths and the
maximum number of residential units served shall conform to the standards
below.
(2)Block face length.
a. Standard public and private local streets that serve large lots, 150 feet in
width and greater, shall have a maximum of 1,950 foot block face. Standard
public and private local streets that serve urban lots, less than 150 feet in width,
shall have a maximum block face of 1,320 feet. Limited local streets shall not
have a block face that exceeds 800 feet.
b. There is no minimum block face dimension.
1. [Reserved.]
2.Regulations for areas zoned UR, MU or H. Areas zoned for "UR" urban
residential district "MU-1" "MU-2" and mixed-use districts or, "H" central
business district shall conform to the following block restrictions. To ensure
efficient circulation, the maximum distance between publicly accessible streets
shall be 1,000 feet. No block may have a perimeter greater than 1,600 feet, with a
maximum block face of 500 feet. Private streets with adjacent sidewalks that are
accessible to the general public through a public pedestrian access easement, or a
private walkway, which is accessible to the general public through a public
pedestrian access easement, may serve as a block boundary. When a public access
easement or private street with an adjacent sidewalk that is accessible to the
general public through a public pedestrian access easement is substituted for a
block boundary, it shall connect to an existing public sidewalk or shall be stubbed
out to provide for the continuation of a sidewalk accessible to the general public.
Developments/subdivisions shall be designed to connect to adjacent existing or
platted sidewalk stub outs as provided on an approved preliminary or final plat.
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3. Regulations for areas zoned CR, C or D. Areas zoned for "CR" low
density multifamily, "C" medium density multifamily, and "D" high density
multifamily districts shall conform to the following block restrictions. To ensure
efficient circulation, the maximum block face shall be 1,000 feet. Private streets
with adjacent sidewalks that are accessible through a public use easement, or a
private walkway, which is accessible through such public use easement, may
serve as a block boundary. Walkways are required to connect to public streets for
improved connectivity and walkability. When a public access easement or private
street with an adjacent sidewalk that is accessible to the general public through a
public pedestrian access easement is substituted for a block boundary, it shall
connect to an existing public sidewalk or shall be stubbed out to provide for the
continuation of a sidewalk accessible to the general public.
Developments/subdivisions shall be designed to connect to adjacent existing or
platted sidewalk stub outs as provided on an approved preliminary or final plat.
4. Measurement technique. The length of a block face shall be the
distance between intersecting street rights-of-way, regardless of directional
changes. Block width is the block end without lots facing onto it. The perimeter of
a block is the cumulative length of all block faces and block ends. (See Figure
10.)
Figure 10 (this figure to remain)
5. Private trails in public use easements may be substituted for a private
sidewalk in a public use easement where there is a connection that is part of an
adopted City plan for lake, river or creek trail systems.
6. Trails identified in the Fort Worth Active Transportation Plan (Spine,
rib, or local trail classifications) shall follow design guidance established in the
Trails Master Plan Executive Summary.
(3) Variance/waiver considerations to street and block face length standards.
Proposed streets and blocks that are longer than the allowed maximum lengths
described in these regulations shall require a re-design or a waiver issued by the
city plan commission. In reviewing a waiver request, the commission shall
consider any or all of the following issues relevant to the subdivision.
a. Alternative design considerations that would mitigate the street length
issue and provide conformance with the subdivision regulation requirements.
b. The effect of the over length street(s) on traffic and pedestrian safety and
circulation, land access, traffic congestion, construction and municipal
maintenance costs, and the efficient delivery of emergency and support services,
both to and within the neighborhood.
c. 1. Feasibility of potential mitigation measures, which might be employed
to lessen traffic impacts, such as the following:
i. Mid-block turnarounds;
ii. Limitation on the number of dwelling units or land intensity to be
served;
iii. Temporary access points;
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iv. Identification of additional fire protection measures, which might be
employed, such as obstruction clearance easements, etc.;
v. Mid-block public pedestrian access easements that connect to public
sidewalks or trail systems that are part of an adopted City policy or
plan; and
vi. Context sensitive street designs.
2. Applicant proposals for the placement of traffic `speed reduction
humps' in public or private roadway travel lanes as a speed reduction
method is not an acceptable or allowable mitigation solution.
(k) Supplemental provisions;traffic studies.
(2) Submission. The accepted traffic study shall be submitted by the
applicant/developer to the Transportation and Public Works Department at the
time the plan or plat is submitted for review and approval.
SECTION 6.
Chapter 31, "Subdivision Ordinance" of the Code of the City of Fort Worth,
Texas (2015), as amended, is hereby further amended by amending Article VII, "Public
Improvements"; Section 31-131, "Construction Plans Preparation and Approval" to
revise subsections (a) and (b), to read as follows:
Sec. 31-131. CONSTRUCTION PLANS PREPARATION AND APPROVAL.
(a) Construction plans for public improvements to be installed shall be prepared by a
registered professional engineer, licensed in the State of Texas, and submitted in
accordance with the requirements and specifications of the officials having
jurisdiction as defined in the Community Facilities Agreements Ordinance. No public
improvements shall be installed until and unless said plans shall have been received
and accepted by the City. Construction plans shall include, but are not limited to,
those items specified by the City.
(b) The review process of engineering plans shall be in accordance with the Community
Facility Agreements Ordinance.
SECTION 7.
Chapter 31, "Subdivision Ordinance" of the Code of the City of Fort Worth,
Texas (2015), as amended, is hereby further amended by amending Article VII, "Public
Improvements"; Section 31-132, "Construction Design Standards and Specifications", to
read as follows:
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See. 31-132. CONSTRUCTION DESIGN STANDARDS AND SPECIFICATIONS.
All public improvements shall be designed and constructed in accordance with the City
Code, and policies, design criteria, standards and specifications promulgated by the City.
SECTION 8.
Chapter 31, "Subdivision Ordinance" of the Code of the City of Fort Worth,
Texas (2015), as amended, is hereby further amended by amending Article VII, "Public
Improvements"; Section 31-133, "Paving and Drainage Facilities" to delete subsections
(e) and (f) in their entirety, to read as follows:
See. 31-133. PAVING AND DRAINAGE FACILITIES.
Deleting (e) and(f)
SECTION 9.
Chapter 31, "Subdivision Ordinance" of the Code of the City of Fort Worth,
Texas (2015), as amended, is hereby further amended by amending Article VII, "Public
Improvements"; Section 31-134, "Street Lighting",to read as follows:
See. 31-134. STREET LIGHTING.
Street lighting shall be provided on all streets, shall conform to all applicable city
design and installation standards and shall be approved by the city prior to construction.
All necessary easements for street light installation and maintenance shall be shown on
both the preliminary and final plats. Each Owner (developer) is responsible for 100% of
the cost of the installation of streetlights. Owner and maintenance responsibility of
streetlights, if not otherwise provided for, shall transfer to the City upon final acceptance
by the City of the project.
SECTION 10.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (2015), 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 Code are hereby
repealed.
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SECTION 11.
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 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.
SECTION 12.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to
any and all violations of the provisions of Code of the City of Fort Worth 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 ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 13.
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 ($2000.00) for each
offense. Each day that a violation exists shall constitute a separate offense.
SECTION 14.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish
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r �
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 15.
This ordinance shall take effect after adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
r
Melinda Ramos Mary Kayser
Senior Assistant City Attorney City Secretary
ADOPTED: June 4,2019 �O FORj�
EFFECTIVE: ,jn 1l0
CAS
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6/5/2019 M&C-Council Agenda
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/4/2019 -Ordinance No. 23679-06-2019
DATE: Tuesday, June 4, 2019 REFERENCE NO.: **L-16220
LOG NAME: 06065030 SUBDIVISION ORDINANCE AMENDMENTS
SUBJECT:
Adopt Ordinance Amending Chapter 31 Subdivision Ordinance to Incorporate Active Transportation Plan,
Community Facility Agreement Ordinance, and Infrastructure Design Manuals, and to Improve Pedestrian
Access and Connectivity(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended by the City Plan Commission that the City Council adopt the attached ordinance
amending Chapter 31 Subdivision Ordinance to incorporate the Active Transportation Plan to improve
pedestrian access and connectivity and to eliminate or minimize any conflicts and duplicative
requirements with the Community Facility Agreement ordinance, the Transportation Engineering Manual,
and the 2019 Installation Policy and Design Criteria for Water, Wastewater and Reclaimed Water
Infrastructure.
DISCUSSION:
The City Council adopted the Active Transportation Plan on April 9, 2019. As part of implementing the
Active Transportation Plan, the proposed Subdivision Ordinance amendments provide for additional
pedestrian access easement/lot widths, future pedestrian access easement and sidewalk connections,
and inclusion of trail easements/lots to connect to existing and planned trail systems. These amendments
were presented to the Pedestrian and Bicycle Advisory Commission and Development Advisory
Committee with expressions of support or no objection.
On May 7, 2019 the City Council adopted the Community Facility Agreement Ordinance, the
Transportation Engineering Manual, and the 2019 Installation Policy and Design Criteria for Water,
Wastewater and Reclaimed Water Infrastructure. It is recommended that the Subdivision Ordinance be
amended to eliminate or minimize any conflicts and duplicative requirements with the aforementioned
updates to the named plans, policies and ordinances.
On May 22, 2019, the City Plan Commission voted to recommend approval of the amendments to the
Subdivision Ordinance.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that approval of the above recommendation will have no material effect
on the city's budget.
FUND IDENTIFIERS (FIDs):
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
apps2.chmx4.org/ecouncil/printmc.asp?id=27035&print--true&DocTyWpreAew&page=rWew&councildate=6f4/2019 ��
6/5/2019 M&C-Council Agenda
FROM
Fund Department Account Project Program Activity Budget Reference # Amoun
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by; Jay Chapa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Mary Elliott (7844)
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