HomeMy WebLinkAboutOrdinance 24457-09-2020 ORDINANCE NO.24457-09-2020
AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE OF
THE CITY OF FORT WORTH, CODIFIED AS CHAPTER 31
"SUBDIVISION ORDINANCE" OF THE CODE OF THE CITY OF FORT
WORTH, TO AMEND ARTICLE I, "PLAN COMMISSION", AMEND
ARTICLE II, "DEVELOPMENT REVIEW COMMITTEE", AMEND
ARTICLE III, "PLATTING", AND AMEND ARTICLE IV,
"SUBMISSION AND REVIEW PROCESS", TO PROVIDE FOR THE
DELEGATION BY THE PLAN COMMISSION TO THE DIRECTOR OF
THE DEVELOPMENT SERVICES DEPARTMENT THE AUTHORITY
TO APPROVE, DISAPPROVE OR CONDITIONALLY APPROVE
CONSTRUCTION PLANS, AND ACT ON WAIVERS AND
CONTINUANCES FOR CONSTRUCTION PLANS; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; 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17851 which repealed the contents of Chapter 31 "Subdivision Regulations", replaced
with the contents of Appendix C, "Subdivision Ordinance" and repealed Appendix C;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, the 86th Legislature of the State of Texas passed House Bill 3167
which was signed by Governor Abbott on June 14, 2019, with an effective date of
September 1, 2019 (the "Act"); and
WHEREAS, the Act amended Chapter 212, "Municipal Regulation of
Subdivisions and Property Development," of the Texas Local Government Code (TLGC)
to require, in part,that the municipal authority responsible for approving plats shall act on
a construction plan within the timeframes set forth in Section 212.009 and Section
212.0095 or the construction plan is considered approved by operation of law; and
WHEREAS, the City Council adopted Ordinance No. 23932-11-2019 amending
the Subdivision Ordinance to conform with the Act; and
WHEREAS, it is advisable to amend the Subdivision Ordinance to authorize the
delegation of the approval, conditional approval, and disapproval of construction plans
and the delegation of the authority to act on waivers and continuances for construction
plans from the City Plan Commission to the Director of the Development Services
Department, or the Director's designee; and
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WHEREAS, the City Plan Commission has reviewed the 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 I, "Plan
Commission"to amend subsection 31-1,to read as follows:
Sec. 31-1 RESPONSIBILITY.
The city plan commission, referred to as "commission," shall exercise all of the powers
of approval, disapproval and vacation of plats and plans, as provided by state statutes and
the City Charter and ordinances. The commission may delegate to the Director or the
Director's designee, the authority to approve, disapprove, and conditionally approve
constructions plans, and the authority to grant waivers of the provisions of this chapter
and continuances for construction plans. The Director may refer any matter delegated to
the Director to the commission for a decision.
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 I, "Plan
Commission"to amend subsection 31-5,to read as follows:
Sec. 31-5 DECISIONS.
(a) Continuance. An applicant may request a continuance in accordance with Texas
Local Government Code § 212.009(b-2) if received in writing prior to publication of
public notice, generally ten days prior to a public hearing. Any request received after
public notice is served shall be at the discretion of the commission. An applicant may
request a continuance on construction plans delegated to the Director or the Director's
designee in accordance with Texas Local Government Code § 212.009 (b-2) if received
in writing by the Director or the Director's designee.
(b) Approval. The commission or Director shall approve any plan or plat, as
applicable, that conforms to this chapter, the comprehensive plan as it applies within the
city limits (except where it conflicts with existing zoning) and its appendices; master
thoroughfare plan; parks and recreation policies, applicable infrastructure policies and
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manuals; Meacham, Alliance and Spinks Airport Controls; other city codes, ordinances,
policies, rules or regulations; and applicable state and federal laws.
(c) Conditional approval.
(1) The commission or Director, as applicable,_may conditionally approve a plan or
plat where there is a master thoroughfare plan amendment, a rezoning or board of
adjustment application is pending or when a plat or plan does not fully conform with this
Chapter including all plans, design standards and policy manuals incorporated by
reference into the Subdivision Ordinance and other applicable regulations in the City
Code and state law. The commission or Director shall not deny or place conditions of
approval based upon public protest, private deed covenants and agreements, or
allegations that the plan or plat is not in keeping with the character of the neighborhood.
(2) Conditional approval shall constitute disapproval until all the conditions are met.
If the plat or plan is approved with conditions,the Commission or Director, as applicable,
shall provide a written statement to the applicant in accordance with Texas Local
Government Code § 212.0091.
(3) The applicant may submit a response to the conditional approval to the
Commission or Director, as applicable, in accordance with Texas Local Government
Code §212.0093. If submitted in accordance with filing calendar, the Executive Secretary
shall file said response with the Commission or Director, as applicable, for consideration
within 15 days. The Commission shall approve or disapprove a response submitted in
accordance with Texas Local Government Code §212.0093. If the response is
disapproved, the Commission or Director, as applicable, shall provide a written statement
to the applicant in accordance with Texas Local Government Code §212.0091.
(d) Approval with waivers.
(1) The applicant may request a waiver of the provisions of this chapter by filing a
written request with the executive secretary at the time of plat or plan application
submittal.
(2) a. The commission may authorize a waiver when reasonable difficulty will result
from strict compliance. The commission shall consider the general purpose and intent of
this chapter, the applicable infrastructure policies and state law requirements, the nature
of the proposed use of the land involved relative to the need for changes in infrastructure
and municipal services, existing zoning and uses of land in the vicinity, the number of
persons who will reside or work in the proposed subdivision, and the probable effect of
the variance upon traffic conditions.
b. The Director may authorize a waiver to construction plans when reasonable
difficulty will result from strict compliance. The Director shall consider the general
purpose and intent of this chapter, the applicable infrastructure policies and state law
requirements, the nature of the proposed use of the land involved relative to the need for
changes in infrastructure and municipal services, existing zoning and uses of land in the
vicinity, the number of persons who will reside or work in the proposed subdivision, and
the probable effect of the variance upon traffic conditions.
(3) a. No waiver shall be granted unless the commission or Director, as applicable,
finds:
a.That the effect of granting the waiver will be neither detrimental to the
public health, safety or welfare nor injurious to other property;and
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b.That the effect of granting the wavier will not prevent the use or orderly
development of other tracts of land.
b. The findings, together with the specific facts upon which these findings are
based, shall be entered as part of the official minutes of the commission meeting or the
decision by the Director.
(e) Denial. The commission or Director, as applicable,_may deny any plan or plat or
that does not conform to this chapter, the comprehensive plan as it applies within the city
limits (except where it conflicts with existing zoning) and its appendices, master
thoroughfare plan, parks and recreation policies, applicable infrastructure policies and
manuals, Meacham, Alliance and Spinks Airport controls, other city codes, ordinances,
policies, rules or regulations; and other applicable state and federal laws. If the plat or
plan is denied, the Commission or Director, as applicable, shall provide a written
statement to the applicant in accordance with Texas Local Government Code § 212.0091.
The applicant may submit a response to the denial to the Commission or Director, as
applicable, in accordance with Texas Local Government Code §212.0093. If submitted in
accordance with filing calendar, the Executive Secretary shall file said response with the
Commission or Director, as applicable, for consideration within 15 days. The
Commission or Director, as applicable, shall approve or disapprove a response submitted
in accordance with Texas Local Government Code §212.0093. If the response is
disapproved, the Commission or Director, as applicable, shall provide a written statement
to the applicant in accordance with Texas Local Government Code §212.0091.
(f} Recommendations to city council.
(1) The commission shall make a recommendation for street closures/vacations to
city council for final consideration and action.
(2) The commission will make a recommendation to city council for final
consideration and action for comprehensive plans, annexations and other tasks as defined
by city council.
(g) Changes following commission or Director approval.
(1) a. Plans or plats previously approved at the commission's public hearing may
not be changed or altered without a re-hearing, except to bring the plan/plat in
conformance with the conditions and requirements stipulated by the commission.
b. Changes in land use, zoning, street classifications, the configuration of street
patterns, connections to perimeter streets, an increase in development intensity or
extensions to the perimeter boundary of the subdivision to un-subdivided properties
require a public hearing. Changes to street classifications, connections to perimeter
streets or extensions to the perimeter boundary of the subdivision to un-subdivided
properties shall also require the written consent of the adjacent property owner.
(2) The executive secretary may administratively review and approve the following
without plan commission approval:
a. Minor alterations to internal streets and/or circulation system and alignments; and
b. A net increase in the overall dwelling unit yield of the plan. The net increase
may not exceed 5%of the total residential lots rounded to the nearest whole number.
(3) The Director may approve alterations to previously approved construction plans
after the filing and rehearing of the altered construction plans in accordance with the
requirements for filing a new construction plan for consideration.
(h) Other matters of business (OMB).
(1) Requests that are minor in nature may be placed on the commission agenda for
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review and consideration by the commission under the heading "other matters of
business." All such requests shall be posted on the commission's agenda prior to public
hearing in the manner prescribed by state law.
(2) Requests eligible as "other matters of business" include the following:
a. Change the subdivision name of a preliminary, short form or final plat;
b. Increase in lot yield of an approved preliminary plat that does not exceed 5%
of the total residential lots, rounded to the nearest whole number. In granting a
request, the commission shall consider that the increase is the result of a final
adjustment in the plan design; adjustment in the size or configuration of public
park, other open space or community facility parcels;or the elimination of oil/gas
drill sites which would reasonably incur an increase in lot yield;
c. A one-year extension of the expiration date of an approved concept plan,
preliminary plat, final or short form plat;
d. Vacation of a final recorded plat, where an agreed petition signed by all
affected property owners has been submitted; and
e. Revisions to the subdivision ordinance or commission's rules of procedures.
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 IV,
"Submission and Review Process"; Section 31-61 "Pre-Submission; Pre-Development
Conference," subsection(d), to read as follows:
(d) A post submittal conference may be held between the applicant, his or her
consultant, and the Infrastructure Plan Review Center staff after a construction plan
has been disapproved or conditionally approved. If the applicant chooses to have a
post submittal conference, the post submittal conference must be held before the
applicant files a response to the reasons the construction plan was disapproved or
conditionally approved. An applicant must agree in writing that the conference does
not constitute the filing of an application or a response. The purpose of the meeting
is to provide the applicant with assistance in re-designing construction plans to meet
the City's requirements. This post submittal conference does not constitute a filing
or written response under Chapter 212 of the Texas Local Government Code.
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 IV,
"Submission and Review Process"; Section 31-62 "Submission Process," subsection (b),
to read as follows:
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(b) Filing date. The filing date for applications submitted for commission or Director
action shall be established by the executive secretary. The filing deadline shall be the
official filing date for all applications. Any application delivered to the City prior to the
filing date shall be deemed submitted on the official filing date.
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 IV,
"Submission and Review Process"; Section 31-63, "Review, Approval and Expiration,"
subsection (d)to read as follows:
(d) Construction Plans.
(1) Applications. All construction plans shall include the following at
the time of filing:
a. IPRC application form and payment of the application fee;
b. Construction plans that are signed and sealed by the engineer of record;
c. Drainage study approved by the City or a copy of the City's determination
that the drainage study is not required;
d. Traffic impact assessment study approved by the City or a copy of the
City's determination that a traffic impact assessment study is not required;
e. Water and sanitary sewer studies approved by the City, or a copy of the
City's determination that a water or sanitary study is not required;
f. Draft horizontal control plan;
g. Approved alignment walks for water, sanitary sewer and stormwater
infrastructure or a copy of the City's determination that an alignment walk is
not required;
g. Geotechnical report;
h. Proof that the property is properly zoned for the project or a copy of the
application for a zoning change;
i. Approved Master Thoroughfare Plan amendments or a copy of the
application for approval;
j. Approved street vacations or a copy of the application for approval;
k. Approvals of outside governmental entities or a copy of all applications
for approval;
1. Construction plan waivers that have been granted or a copy of the
application for each waiver;and
m. A copy of the currently public City construction specifications applicable
to the construction plans
(2) Review. The Infrastructure Plan Review Center shall review the
construction plan to determine compliance with: this chapter; other city codes,
ordinances,policies, rules or regulations; and county, state, and federal laws.
(3) Approval.
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a. The commission or Director shall review construction plans requesting
a waiver. The decision of the commission or Director is final.
b. The commission or Director shall determine that construction plans
meet the following requirements prior to approval:
1.City's subdivision regulations;
2.Conformance with any approved preliminary plat or final plat;
3.Conformance with City codes, ordinances,policies, rules and
regulations;
4.Conformance with county, state, and federal laws.
5.Approval of proper zoning, street vacations, and Master
Thoroughfare Plan amendments;and
6.Approval of other governmental entities, when required, have been
obtained.
(4) Conditional approval. Construction Plans conditionally approved shall
follow the process provided in section 31-5(c).
(5) Changes or alterations to approved construction plans. No previously
approved construction plan may be changed or altered, except to bring the
construction plan in conformance with the conditions and requirements stipulated
as part of the approval. Minor field changes shall be permitted at the discretion of
the Infrastructure Plan Review Center and the Construction Inspector as long as the
field changes do not conflict with the City codes, ordinances, policies, rules, and
regulations.
(6) Expiration.
a. A construction plan shall expire two years from the date the construction
plan was approved.
b. If a new construction plan is submitted, a new application and application
fee will be required and a new maximum two-year period shall begin upon the
approval of the newly submitted construction plan.
SECTION 6.
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.
SECTION 7.
It is hereby declared to be the intention of the City Council that the sections,
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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 8.
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 9.
This ordinance shall take effect after adoption.
APPROVED AS TO FORM AND LEGALITY:
Melinda Ramos(Sep 24,2020 11:48 CDT) 'for Ronald P.Gonzales(Sep 24,2020 12:21 CDTi
Melinda Ramos Mary J.Kayser F FO
Senior Assistant City Attorney City Secretary � .."' ......
G: O
ADOPTED: September 22, 2020 * ;0
EFFECTIVE: September 22, 2020
�AS .
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/22/20 M&C FILE NUMBER: M&C 20-0680
LOG NAME: 065030 SUBDIVISION ORDINANCE AMENDMENT
SUBJECT
(ALL)Adopt Ordinance Amending Chapter 31 of the Subdivision Ordinance to Authorize Delegation of Approval Authority for Construction Plans
to the Development Services Director or the Director's Designee
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 31 of the Subdivision Ordinance to authorize delegation
of the approval authority for construction plans to the Development Services Department Director or the Director's designee.
DISCUSSION:
Due to state law changes effective September 1,2019,public infrastructure construction plans must be approved within 30 day and 15 day
deadlines.(House Bill 3167,8th Texas Legislature).The City Plan Commission must approve,approve with conditions,or disapprove construction
plans within 30 days after the construction plans are filed with the City.In addition,the City Plan Commission has 15 days to approve or
disapprove construction plans after a written response is filed to construction plans that were previously disapproved or conditionally approved.
Failure to comply with these deadlines results in the construction plans being approved by operation of law,even if the construction plans fail to
comply with the Subdivision Ordinance or the City's design manuals.
The amendment to the Subdivision Ordinance will authorize the City Plan Commission to delegate the approval,conditional approval,and
disapproval of construction plans to the Director of the Development Services Department or the Directors designee.The amendment to the
Subdivision Ordinance would also delegate the authority to act on waivers to the design manuals to the Director or the Directors designee.Upon
approval of the amendment to the Subdivision Ordinance by the City Council,a resolution will be submitted to the City Plan Commission to
delegate the responsibility to the Director or Director's designee.
The City Plan Commission voted to recommend approval of this amendment to the Subdivision Ordinance at the September 9,2020 City Plan
Commission meeting.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION i'CERTIFICATION:
The Director of Finance certifies that this change will have no material effect on City funds.
Submitted for City Managers Office by: Dana Burghdoff 8018
Originating Business Unit Head: D.J.Harrell 8032
Additional Information Contact: Mary Elliott 7844