HomeMy WebLinkAboutOrdinance 17794-09-2007®RDINANCE N®. 17794-09-2007
WHEREAS on September 12, 2006, the City Council of Fort Worth adopted
Ordinance Number 17154 establishing the "Subdivision Ordinance" of the City of Fort
Worth, Texas; and
WHEREAS at the time the Ordinance was adopted Chapter 4 , Article I and
Figures 1-5, of the Subdivision Ordinance were suspended in order to pilot changes to the
plat review process; and,
WHEREAS; the pilot program has been found to be successful; and,
VVI3CEREAS; on July 6, 2004, the City Council of Fort Worth adopted Ordinance
Number 16027 establishing the 2003 International Fire Code, with local amendments, as
the Fire Code of the City of Fort Worth, Texas; and
WI-~REAS the Fire Code of the City of Fort Worth and the Subdivision
Ordinance of the City of Fort Worth have been found to have conflicting requirements
with regards to secondary entrances to single family and two family residential
subdivisions; and
WIIEIZEAS the Environmental Management Department of the City of Fort
Worth contracts with waste haulers for waste collection in residential neighborhoods; and
WIIEREAS waste haulers use equipment that requires maneuvering space
greater than current alley standards provide; and
WIIEREAS; it is necessary to clarify ambiguities found in the Ordinance since
adopted.
N®W, TIIEIZEF®IZE, ~E IT ®RI)AINJEI) BY TIIE CITY C®UNCII.,
®I+' TI~G CITY ®F I+'®I2T W®I2TI~, TEXAS
SECTI®N 1.
Chapter 1, Plan Commission; Article V, Decisions of Ordinance No.17154, the
Subdivision Ordinance of the City of Fort Worth, is amended to revise Subsection C.
Conditional Approval to read as follows:
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C. Conditional Approval
The Commission may conditionally approve a plan or plat where there is a Master
Thoroughfare Plan amendment, or a rezoning application is pending. The
Commission shall not deny or place conditions of approval based upon unregulated
issues, public protest, private deed covenants and agreements, or allegations that
the plat is not in keeping with the character of the neighborhood.
Conditional approval shall constitute disapproval until all the conditions are met.
The revised plan or plat is subject to review and approval by the Executive
Secretary for conformance with the conditions of approval.
Conditional Approval by the Commission shall not extend beyond two calendar
years from the date of conditional approval unless the Commission grants an
additional extension.
SEC'I'I®N 2.
Chapter 4, Submission and Review Process, of Ordinance 17154, the Subdivision
Ordinance of the City of Fort Worth, is amended to revise Article I by deleting subsection
A. Sketch Plans and by revising and renumbering subsection B to read as follows:
A. l're-Development Conference
A Pre- Development Conference may be held between the applicant, his
consultant, and the. DRC staff prior to submission of a Preliminary Plat or Concept
Plan application for the purpose of advising the applicant as to the general
restrictions, requirements, and other planning and engineering matters applicable to
the plat. If an issue arises during the pre-development meeting that directly
concerns a City department not represented, the appropriate staff will be contacted.
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SECTI®N 3.
Chapter 4, Submission and Review Process, of Ordinance 17154, the
Subdivision Ordinance of the City of Fort Worth, Article III.A. and B. is amended to
delete Figure 1 and Figure 3, revise and renumber Figure 2 to appear as follows:
Plan Commission Case Review Process-
Concept Plan, Preliminary Plat, Replats
Optional
Pre-Development
Meeting
I Application Submittal I
~ Staff Plat Application
Review Meeting
Replat Notices
~„ Published and Mailed
Development Review
Committee Meeting
I Revisions Submitted I
Staff Review of
~', Revisions
Public Hearing
~;, Notification Mailed
( Staff Reports I
Plan Commission
Hearing
Replat continues with
Administrative
process
Figure 1
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SECT)<®N 4.
Chapter 4, Submission and Review Process, of Ordinance 17154, the
Subdivision Ordinance of the City of Fort Worth, Article III.C. is amended to revise and
renumber Figure 4 to appear as follows:
Administrative Review Process-
Final, Minor, Conveyance and Amended Plats
Optional.
Pre-Development
Meeting
~ Application Submittal ~
Infrastructure Plan
o Review - as necessary
v
b
. Revisions Submitted
~
Staff Review of
Revisions
Plat Recorded at
Courthouse
Plat Ratification by
Plan Commission
Figure 2
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SEC'TI®N 5.
Chapter 4, Submission and Review Process, of Ordinance 17154, the
Subdivision Ordinance of the City of Fort Worth, Article III.D. is amended to revise and
renumber Figure 5 to appear as follows:
Plan Commission Review Process-
Vacation or Closure of Streets and Alleys
Optional
Pre-Development
Meeting
~ Application Submittal ~
Development Review
Committee Meeting
-------~
o Revisions Submitted
U
-~
r
Staff Review of
Revisions
Public Hearing
~„ Notification Mailed
Staff Reports I
Plan Commission
Recommendation
Deny -
Replat Submittal
I Staff Review
Stop ~ ~ Council Hearing
I Plat Recorded I
Figure 3
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SECTI®N 6.
Chapter 3, Platting; Article I, Plat Requirements of Ordinance No.17154, the
Subdivision Ordinance of the City of Fort Worth, is amended to add a new Subsection C,
to Article I "Plat Requirements", to read as follows:
C. 1Vlultiple Plat Filing Prohibited
Multiple preliminary plats may not be filed on the same property for the
purpose of simultaneous consideration by the City Plan Commission.
SECTI®N 7.
Chapter 3, Platting, of Ordinance 17154, the Subdivision Ordinance of the City of
Fort Worth, is amended to add a new Article III "Application of Regulations", to read as
follows:
Article III. Application of Regulations
Where an application was filed for review prior to October 24, 2006, the
City Plan Commission Rules and Regulations in effect prior to that date
shall apply but the developer may elect to develop the property under this
Subdivision Ordinance. This election shall be made in writing at the time
of application and shall be binding for the life of the project. The
developer shall not be allowed to select provisions from both the
regulations and the Commission shall not grant any waiver to this elective
requirement.
SECTI®N S.
Chapter 5, Subdivision General Standards, of Ordinance 17154, the Subdivision
Ordinance of the City of Fort Worth, is amended to add a new paragraph 4., "Urban
Forestry Plan", to read as follows:
4. ITrban Forestry Plan
Subdivision plats are subject to the tree preservation and planting
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requirements of the Zoning Ordinance of the City of Fort Worth in effect
at the time of vesting. Prior to the submission of any final plat for review
and approval by the City, the applicant shall apply for an Urban Forestry
Permit or a waiver from such permit from the Parks and Community
Services Department.
Should compliance with the Urban Forestry Permit require a provision for
the planting of one or more trees per residential lot, a note shall be placed
on the final plat stating: "In accordance with City of Fort Worth Tree
Ordinance, construction shall require the provision of one tree per 5,000
square feet of lot area prior to fmal building inspection."
SECTION 9.
Appendix "C" of the Code of the City of Fort Worth (1986), is amended by
amending Chapter 6, Article I.C "Secondary Entrances to Subdivisions" of Ordinance
No. 17154, the Subdivision Ordinance of the City of Fort Worth, as set forth below, so
that hereafter Chapter 6, Article I.C "Secondary Entrances to Subdivisions", shall read as
follows:
C. Secondary Entrances to Subdivisions
Subdivisions containing more than thirty (30) one-family or two-family dwelling
units shall have a platted and constructed secondary entrance to a public street.
Development phasing of any subdivision shall ensure that all such residential units
have a platted and constructed secondary entrance when more than thirty (30)
residential units are proposed.
Subdivisions with up to forty (40) one-family or two-family dwelling units may be
permitted with one access point if a platted and constructed secondary entrance will
connect to future development.
SECTION 10.
Appendix "C" of the Code of the City of Fort Worth (1986), is amended by
amending Chapter 6, Article VI.D.l.a "Cul-de-Sac Streets" of Ordinance No. 17154, the
Subdivision Ordinance of the City of Fort Worth, as set forth below, so that hereafter
Chapter 6, Article VI.D.l.a "Cul-de-Sac Streets", shall read as follows:
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a. Cul-de-Sac Streets
2,500 sf. to 4,999 sf. lot size
5,000 sf. to 7,999 sf. lot size
8,000 sf. to less than 1 acre lot size
One (1) acre or greater
Adjacent roadway side slopes
exceed 15%
"Eyebrow" or "Bulb"
(ROW to Center Point)
Street Length (feet) Max. No.
Minimum Maximum D.U.
n/a 650 30
n/a 850 30
n/a 950 30
n/a 1,350 30
n/a 2,000 30
100 n/a 5
SECTI®N 11.
Appendix "C" of the Code of the City of Fort Worth (1986) is amended by
amending Chapter 6, Article VI.F. "Limited Local Residential Street Design Standards"
of Ordinance No. 17154, the Subdivision Ordinance of the City of Fort Worth, as set
forth below, so that hereafter Chapter 6, Article VI.F.7, shall read as follows:
'7. A Limited Local loop-type street shall not exceed eight hundred (800) feet in
length, serve a maximum of thirty (30) dwelling units, and have at least one
ninety degree (90°) bend.
SEC'I'I®N 12.
Appendix "C" of the Code of the City of Fort Worth (1986), is amended by
amending Chapter 6, Article VII B.4.c of Ordinance No. 17154, the Subdivision
Ordinance of the City of Fort Worth, as set forth below, so that hereafter Chapter 6,
Article VII B.4.c, shall read as follows:
c. Secondary Emergency Access to a public street or alley shall be provided for all
gated one or two family subdivisions/developments containing more than thirty (30)
lots or dwelling units. Said gate access and related mechanical or manual security
appurtenances shall be approved by the City's Transportation and Public Worlcs
Director and Fire Marshal.
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SECTI®N 13.
Appendix "C" of the Code of the City of Fort Worth (1986), is amended by
amending Chapter 6, Article VI.G "Alley Design Standards" of Ordinance No. 17154, the
Subdivision Ordinance of the City of Fort Worth, as set forth below, so that hereafter
Chapter 6, Article VI.G.2, shall read as follows:
2. Width.
Minimum
Width
Single Family Multi-Family
& Two Family &Non-Residential
Subdivisions Subdivisions
a. Right of Way
b. Roadway Paving (Edge to Edge)
c. ROW Radius @ Street/Alley
d. ROW Radius @ Property Line
SECTI®N 14.
16 ft. 20 ft.
12 ft. 20 ft.
25 ft. 25 ft.
25 ft. 25 ft.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (1986), 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.
SECTI®N 15.
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
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City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTI®N 16.
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.
SEC'I'I®N 17.
The City Secretary of the City of Fort 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 of the City of Fort Worth, Texas, as authorized by Section 52.013,
Texas Local Government Code.
SECTI®N 18.
This ordinance shall take effect after adoption and publication as required by law.
APPROVED AS TO RM AND LEGALITY:
l
4
Assistant City Attorney
ADOPTED: September 25, 2007
EFFECTIVE:
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Page 1 of 2
~l~/ Of OI'~' ~/®f"f'~I9 ~~Xc'~S
Mayor and Council Communication
COUNCIL ACTION: Approved As Amended on 9/25/2007 -Ord. # 17794-09-2007
DATE: Tuesday, September 25, 2007
LOG NAME: 06AMEND S02
REFERENCE NO.: G-15882
SUBJECT:
Adopt an Ordinance Amending the Subdivision Ordinance to Revise the Plat Review Process,
Prohibit Multiple Plat Filings, Clarify the Application of Regulations, Incorporate the Urban Forestry
Plan, Revise Requirements for Secondary Entrances to Residential Subdivisions, and Revise Alley
Design Standards
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending the Subdivision Ordinance
to:
1. Make permanent the trial plat review process initiated in October 2006;
2. Prohibit the filing of multiple preliminary plats on the same property for the purpose of simultaneous
consideration by the City Plan Commission;
3. Clarify the application of regulations where an application was submitted prior to the effective date of the
Subdivision Ordinance;
4. Incorporate the requirement that subdivision plats comply with the tree preservation and planting
requirements of the Zoning Ordinance;
5. Require a secondary entrance to one- ortwo-family residential subdivisions when the number of dwelling
units exceed 30; and
6. Revise the alley design standards to accommodate waste service vehicles.
DISCUSSION:
On September 12, 2006, M&C PZ-2695 adopted the current Subdivision Ordinance. Staff has since
identified several desired amendments to clarify and enhance the ordinance. These amendments are
described below.
At the time of adoption several procedural elements of the ordinance were suspended in order to allow a
trial time period for a revised plat review process. The trial process has proven to be successful and the
attached ordinance will make the trial process permanent.
The attached ordinance also prohibits the submission of multiple preliminary plats on the same property at
the same time. This is necessary in order to prevent the consideration of multiple preliminary plats on the
same property by the City Plan Commission, resulting in confusion over which plat or plats are approved.
Where a plat application was filed prior to the effective date of the Subdivision Ordinance (October 24,
2006), the City Plan Commission Rules and Regulations in effect prior to that date apply. However, an
applicant may elect to develop the property under the new Subdivision Ordinance. This election must be in
writing and is binding for the life of the project. The applicant shall not be allowed to select provisions from
both regulations.
http://www.cfwnet.org/council~acket/Reports/mc~rint.asp 10/2/2007
Page 2 of 2
Subdivision plats are subject to the tree preservation and planting requirements of the Zoning Ordinance of
the City of Fort Worth that were in effect at the time of vesting. The incorporation of the "Urban Forestry
Plan" into the Subdivision Ordinance establishes the requirement that subdivision plat applicants apply for
an Urban Forestry Permit prior to the submission of any plat application. The Parks and Community
Services Department may waive this requirement.
The International Fire Code and the Subdivision Ordinance have been found to have conflicting
requirements with regards to secondary entrances to single-family and two-family residential subdivisions.
In order to align the Subdivision Ordinance with the International Fire Code, it is necessary to amend the
Subdivision Ordinance to limit the number of one or two-family dwelling units that may be permitted in a
subdivision with only one point of access to 30.
Current alley design standards in the Subdivision Ordinance do not provide an alley width that is adequate
to allow for the equipment and maneuvering space required for waste haulers. The proposed amendment
will provide an additional two feet in pavement width for alleys serving residential properties.
The City Plan Commission voted unanimously to recommend approval of the attached amendments at their
regularly scheduled meetings held in March and July of 2007.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers
FROM Fund/AccountlCenters
Submitted for City Manager's Office bk Dale Fisseler (6140)
Originating Department Head: Fernando Costa (8042)
Additional Information Contact: Allison Gray (8030)
http://www.cfwnet.org/council~acket!Reports/mc~rint.asp 10/2/2007