HomeMy WebLinkAboutOrdinance 25055-09-2021 ORDINANCE NO. 25055-09-2021
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", TO PROVIDE FOR THE
DELEGATION BY THE PLAN COMMISSION TO THE DIRECTOR OF
THE DEVELOPMENT SERVICES DEPARTMENT OR THE
DIRECTOR'S DESIGNEE THE AUTHORITY TO CONDITIONALLY
APPROVE PLATS; 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17851 which repealed the contents of Chapter 31 "Subdivision Regulations",replaced with
the contents of Appendix C, "Subdivision Ordinance" and repealed Appendix C; and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 must
approve, approve with conditions, or disapprove a plat within 30 days after the date the
plat is filed or the plat 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, the City Council adopted Ordinance No. 24457-09-2020 amending
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
WHEREAS,the City Council finds it desirable to amend the Subdivision Ordinance
to delegate the authority to conditionally approve plats to the Director of the Development
Services Department or the Director's designee; and
2021 Subdivision Ord Amendment Conditional Approval Plats Ordinance No.25055-09-2021
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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 1, "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 conditionally approve plats, the authority to approve,
disapprove, and conditionally approve construction 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.
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 3.
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
2021 Subdivision Ord Amendment Conditional Approval Plats Ordinance No.25055-09-2021
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incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 4.
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 5.
This ordinance shall take effect after adoption.
APPROVED AS TO FORM AND LEGALITY:
�',/ C
Richard A.McCracken(Sep 24,202109:53 CDT)
Richard A. McCracken Ronald P. Gonzales
Senior Assistant City Attorney Acting City Secretary
ADOPTED: September 21, 2021 r
F. FO
EFFECTIVE: September 21, 2021
2021 Subdivision Ord Amendment Conditional Approval Plats Ordinance No.25055-09-2021
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/21/21 M&C FILE NUMBER: M&C 21-0698
LOG NAME: 065030 SUBDIVISION ORDINANCE AMENDMENT
SUBJECT
(ALL)Adopt Ordinance Amending Chapter 31 of the Subdivision Ordinance to Authorize Delegation of Authority to Conditionally Approve Plats to
the Development Services Department Director or the Directors 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 authority to conditionally approve plats to the Development Services Department Director or the Director's designee.
DISCUSSION:
Due to State Law changes effective September 1,2019 plats must be approved,approved with conditions,or disapproved within 30 day and 15
day deadlines. (House Bill 3167,86th Texas Legislature). Failure to comply with these deadlines results in the plats being approved by operation
of law,even if the plats fail to comply with the Subdivision Ordinance or the City's design manuals.
The amendment of the Subdivision Ordinance will authorize the City Plan Commission to delegate the authority to conditionally approve plats to
the Director of the Development Services Department 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.
Conditional approval is required by the City Plan Commission for specific reasons. If a plat is contingent on a zoning change or Master
Thoroughfare Plan amendment that requires City Council action,then the plat must go to City Plan Commission for conditional approval.Another
common reason for conditional approval is when there is an outside agency approval or another process associated with platting that will extend
beyond the 30-day shot clock.Plats that require waivers from the Subdivision Ordinance will still require City Plan Commission approval.
Increasing the number of lots over 5%of the original plat approval,changing the land use,substantially changing the internal circulation or
connectivity will also continue to require City Plan Commission approval.
Administratively approved plats may also have conditions where there are scrivener or clerical errors. These plats do not attempt to remove
recorded covenants or restrictions.These approvals also do not have a material adverse effect on the adjacent properties.The plats must
substantially conform to the Subdivision Ordinance.
Per City Council direction,preliminary plats that do not have waivers can be administratively approved.
The City Plan Commission voted to recommend approval of this amendment to the Subdivision Ordinance at the July 14,2021 City Plan
Commission meeting. The Development Advisory Committee also supports this amendment.
A Form 1295 is not required because: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 recommendation will have no material effect on City funds.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: D.J.Harrell 8032
Additional Information Contact: Mary Elliott 07844