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HomeMy WebLinkAboutOrdinance 17924-12-2007ORDINANCE NO. 17924-12-2007 AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 17154 AS AMENDED, CODIFIED AS CI3APTER 31 OF THE CODE OF THE CITY OF FORT WORTH, TO MOVE THE CONTENTS OF CHAPTER 7, ARTICLE VI "INCORPORATION OF ADOPTED DESIGN STANDARDS" TO CHAPTER 5; TO ADD A PARAGRAPH TO INCORPORATE THE NEAR SOUTHSIDE DEVELOPMENT STANDARDS AND GUIDELINES BY REFERENCE INTO THE SUBDIVISION ORDINANCE; TO MOVE THE REFERENCE TO THE TRINITY UPTOWN DESIGN STANDARDS AND GUIDELINES TO CHAPTER 5; 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 establishing the "Subdivision Ordinance" of the City of Fort Worth, Texas; and WHEREAS on November 7, 2006 the City Council of Fort Worth adopted Ordinance No. 17273 establishing the Trinity Uptown District and adopting development standards and guidelines applicable to certain development projects in the Trinity Uptown area; and WHEREAS on November 7, 2006 the City Council of Fort Worth adopted Ordinance No. 17275 amending the Subdivision Ordinance of the City of Fort Worth to include the Trinity Uptown Design Standards and Guidelines by reference; and WIIEREAS it is advisable to amend the Subdivision Ordinance to refer to "Adopted Design Standards and Policy Manuals" in Chapter 5, "Subdivision General Standards" rather than in Chapter 7 "Public Improvements"; and 1 WHEREAS on November 6, 2007 the City Council of Fort Worth adopted amendments to the Zoning Ordinance establishing the Near Southside District and adopting development standards and guidelines applicable to certain development projects in the Near Southside area; and WHEREAS the Near Southside Development Standards and Guidelines include street classifications and street design standards that promote mixed-use, urban redevelopment and the efficient and convenient circulation of pedestrians and vehicles; and WHEREAS, in order to support these development goals for the Near Southside, on October 24, 2007 the City Plan Commission recommended for approval the incorporation by reference of the Near Southside Development Standards and Guidelines into the Subdivision Ordinance; and WHEREAS it is advisable to amend the Subdivision Ordinance to refer to the "Trinity Uptown Design Standards" in Chapter 5, "Subdivision General Standards" rather than in Chapter 6, Article 6 "Street Design Standards"; and WHEREAS the City Council has determined that it is advisable to amend the Subdivision Ordinance to incorporate the Near Southside Development Standards and Guidelines; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS AS FOLLOWS: 2 SECTION 1. Chapter 31, of the Code of the City of Fort Worth, Texas (1986), is amended by deleting the entire contents of Chapter 7, Article 6 "Incorporation of Adopted Design Standards and Policy Manuals" and moving the contents to Chapter 5 "Subdivision Design Standards" Item 4: 4. Incorporation of Adopted Design Standards and Policy Manuals. a. Design Manuals. The City's most current "Technical Design Standards", and "Standard Specifications for Construction" as published by TPW, are hereby incorporated by reference as if fully set forth in these regulations. b. Policy for the Installation of Community Facilities. The City's "Policy for the Installation of Community Facilities" is incorporated by reference, as if fully set forth in these regulations. c. Chapter 212 of the State of Texas Local Government Code, governing: Municipal Regulation of Subdivisions and Property Development is incorporated by reference as if fully set forth in these regulations. SECTION 2. Chapter 31, of the Code of the City of Fort Worth, Texas (1986), is amended by amending Chapter 6, Article 6.D.c.1 "Special Regulations for Dense Development Area" to delete number 2 as follows: c. Special Regulations for Dense Development Area 1. Areas zoned for "MU-1" "MU-2" "MU-1G" and "MU-2G" Mixed-Use Districts or > > "H" Central Business District shall conform to the following block restrictions: Street Length (feet) Max. No. Minimum Maximum Lots or D.U. 3 Downtown CBD Lots (Zoned "H") 250 500 n/a Inner City Lots (Zoned "MU") 200 500 n/a Note: Private Streets with adjacent sidewalks that are accessible through a public use easement, or a private wallcway, which is accessible thru such public use easement, may serve as a block boundary. To ensure efficient circulation, the maximum distance between publicly accessible streets shall be one thousand (1000) feet. No block may have a perimeter greater than one thousand six hundred (1600) feet. SECTION 3. Chapter 31, of the Code of the City of Fort Worth, Texas (1986), is amended by amending Chapter 5, Item 4 "Incorporation of Adopted Design Standards and Policy Manuals" to read as follows: 4. Incorporation of Adopted Design Standards and Policy Manuals. a. Design Manuals. The City's most current "Technical Design Standards", and "Standard Specifications for Construction" as published by TPW, are hereby incorporated by reference as if fully set forth in these regulations. b. Policy for the Installation of Community I+'acilities. The City's "Policy for the Installation of Community Facilities" is incorporated by reference, as if fully set forth in these regulations. c. Chapter 212 of the State of Texas Local Government Code, governing: Municipal Regulation of Subdivisions and Property Development is incorporated by reference as if fully set forth in these regulations. d. Near Southside Development Standards and Guidelines. The Near Southside Development Standards and Guidelines are hereby incorporated by reference as if fully set forth in these regulations and shall apply to areas zoned "NS". e. Trinity Uptown Development Standards and Guidelines. The Trinity Uptown Development Standards and Guidelines are hereby incorporated by reference as if fully set forth in these regulations and shall apply to areas zoned "TU". SECTION 4. This ordinance shall be cumulative of all provisions of ordinances and of the 4 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. SECTION 5. 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 6. 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 Five Hundred Dollars ($500.00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 7. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of provisions of the Code of the City of Fort Worth which 5 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 8. That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by V.T.C.A. Local Government Code Subsection 52.013. SEC'T'ION 9. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY Y• Assistant City Attorney ADOPTED: December 18 2007 EFFECTIV ~ I 6 Cif ®f F®rf V!/or-~h, 7"exas Mayor and Council Communication COUNCIL ACTION: Approved on 12/18/2007 -Ord. No. 17924-12-2007 DATE: Tuesday, December 18, 2007 LOG NAME: 06SOAMENDNSS REFERENCE NO.: G-16001 SUEJECT: Adopt Ordinance Amending Chapter 31, "Subdivision Ordinance," to Incorporate by Reference the Near Southside Development Standards and Guidelines and Move References to Adopted Design Standards RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance amending Chapter 31, "Subdivision Ordinance" to incorporate by reference the Near Southside Development Standards and Guidelines and to move references to adopted design standards. DISCUSSION: In order to encourage high-quality, sustainable development in the Medical District mixed-use growth center, Fort Worth South, Inc., in partnership with city staff, has developed the Near Southside Development Standards and Guidelines. The document will help promote redevelopment on the near southside by providing a consolidated set of regulations that apply to the area. The City Council approved text and map amendments to the Zoning Ordinance on November 6, 2007, to create the Near Southside (NS) zoning classification and to rezone the Medical District to NS. The City Plan Commission voted unanimously to recommend approval of the attached amendment to the Subdivision Ordinance at their October 24, 2007, meeting. Adoption of the attached ordinance will incorporate the Near Southside Development Standards and Guidelines into the Subdivision Ordinance by reference and will move references to adopted design standards. 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 b~ Dale Fisseler (6140) Originating Department Head: Fernando Costa (8042) Additional Information Contact: Allison Gray (8030) Logname: 06SOAMENDNSS Page 1 of 1