HomeMy WebLinkAboutOrdinance 25251-12-2021 ORDINANCE NO. 25251-12-2021
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF FORT WORTH, BEING
ORDINANCE NO. 21653, AS AMENDED, CODIFIED AS
APPENDIX "A" OF THE CODE OF THE CITY OF FORT
WORTH, BY AMENDING CHAPTER 2, "REVIEW BODIES" TO
AMEND SECTION 2.102 "URBAN DESIGN COMMISSION" TO
ADD TWO ALTERNATE MEMBERS AND AMEND SECTION
2.103 "HISTORIC AND CULTURAL LANDMARKS
COMMISSION" TO ADD TWO ALTERNATE MEMBERS AND
DESIGNATE THE HISTORIC AND CULTURAL LANDMARK
COMMISSION AS THE EXCLUSIVE AUTHORITY TO
RECOMMEND APPROVAL OF A HISTORIC DESIGNATION;
PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City Council established the Historic and Cultural Landmarks
Commission and Urban Design Commission to enforce design standards and guidelines
and form-based codes for designated zoning districts by hearing and deciding on
applications for Certificates of Appropriateness; and
WHEREAS, each commission consists of nine members who have demonstrated
their civic interest, general knowledge of the community and an understanding of historic
preservation or urban design; and
WHEREAS, additionally whenever possible, each commissioner should be a
practicing professional from the fields of architecture, landscape architecture, urban
design or planning and real estate; and
WHEREAS, the efficiency of both commissions to hear and decide cases is
impacted by the absence of members and requirement for recusal of other members due
to conflicts of interest resulting in a delay in the City's development processes; and
Ch.2 Sec.2.102 and 2.103 amendment 2021 Ordinance No.25251-12-2021
Page 1 of 6
WHEREAS, it is recommended by staff to increase the membership of the
Commission to nine regular members and four alternate members to service in the place
of one or more members when there is an absence or recusal; and
WHEREAS, the Zoning Commission recommends that four alternate member
positions be added to each commission to facilitate the timely conduct of official
business; and
WHEREAS, in 2021 the Texas Legislature adopted Senate Bill 1585, which
requires a municipality with more than one commission, zoning,planning or historical, to
designate one of those commissions with the exclusive authority to review and
recommend designations of properties as local historic landmarks and the inclusion of
properties in a local historic district; and
WHEREAS, it is recommended that the City Council designate the Historic and
Cultural Landmarks Commission as the commission with the exclusive authority to
recommend designation of property as historic and inclusion in a historic district to the
City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS
SECTION 1.
Chapter 2 of Ordinance No. 21653, the Zoning Ordinance of the City of Fort
Worth, "Review Bodies", Section 2.102 "Urban Design Commission" subsection (b)
"Members" to increase the number of alternate members to the Urban Design
Commission and to change "qualified elector"to "resident,"to read as follows:
(b) Members. The Urban Design Commission shall consist of nine regular
members and four alternate members, to serve in the absence of one or more regular
members, all of whom shall be residents of the City. The city council will consider for
appointment to the commission as regular members and alternate members only those
persons who have demonstrated their civic interest, general knowledge of the community,
Ch.2 Sec.2.102 and 2.103 amendment 2021 Ordinance No.25251-12-2021
Page 2 of 6
independent judgment, and availability to prepare for and attend meetings. At least six of
the nine regular member appointees must be practicing professionals from the fields of
architecture, landscape architecture, urban design or planning, real estate, or law. At least
one of the nine regular member appointees must be a practicing or retired professional in
the field of history, architectural history, archaeology, or other discipline related to
historic preservation. Appointees should be knowledgeable about fundamental principles
of urban design and at least one member should possess or have knowledge of urban
forestry principles. Appointment of the alternate members shall rotate from the
aforementioned criteria. The members of the commission shall regularly attend meetings
and public hearings of the commission and shall serve without compensation, except for
reimbursement for authorized expenses attendant to the performance of their duties. As
nearly as is reasonably possible,the Urban Design Commission members as a whole shall
fairly represent the ethnic makeup of the City of Fort Worth.
SECTION 2.
Chapter 2 of Ordinance No. 21653, the Zoning Ordinance of the City of Fort
Worth, "Review Bodies", Section 2.103 "Historic and Cultural Landmarks Commission"
subsection (a) "Creation and appointment" and subsection (e) "Powers and duties" are
amended to include language to add alternate members to the Historic and Cultural
Landmarks Commission to serve in the absence of one or more regular members, to read
as follows:
(a) Creation and appointment.
(1) There is hereby created the Historic and Cultural Landmarks Commission to be
composed of nine regular members and four alternate members, all of whom are resident
of the City of Fort Worth. The alternates shall serve in the absence of one or more
regular members.
(2) The City Council must appoint as regular members and alternate members,
persons who have demonstrated their civic interest, general knowledge of the community,
independent judgment and availability to prepare for and attend meetings. Whenever
feasible, six appointees should be practicing professionals from the fields of architecture,
landscape architecture, history, architectural history, urban planning, archaeology, real
estate, law or other disciplines related to historic preservation. Appointment of alternate
members should rotate from the aforementioned criteria.
(3) All Historic and Cultural Landmarks Commission members, regardless of
background, must have a known and demonstrated interest, competence, and knowledge
in historic preservation and planning within the City of Fort Worth.
(4) As nearly as is reasonably possible, the Historic and Cultural Landmarks
Commission members as a whole shall fairly represent the ethnic makeup of the City of
Fort Worth.
(no changes to subsections b, c, or d)
Ch.2 Sec.2.102 and 2.103 amendment 2021 Ordinance No.25251-12-2021
Page 3 of 6
(e) Powers and duties. The Historic and Cultural Landmarks Commission is
empowered to perform the following duties:
(1) Prepare rules and procedures as necessary to carry out the business of the
Historic and Cultural Landmarks Commission;
(2) Create committees from among its membership to advise the Historic and
Cultural Landmarks Commission in carrying out the purposes of this Zoning Ordinance;
(3) Maintain written minutes which record all actions taken by the Historic and
Cultural Landmarks Commission and the reasons for such actions;
(4) Increase public awareness of the value of historic, cultural, architectural, and
archeological preservation by developing and participating in public education programs;
(5) Initiate and consider nominations, hold hearings, and exclusive authority to
recommend to the City Council that certain structures and property be designated as
"highly significant endangered," "historic and cultural landmark" or "demolition delay,"
or that an area containing two or more eligible structures be designated as a "historic and
cultural landmark district," or that such structures or properties be included in a historic
district or that such designations be amended or removed, in accordance with the Historic
Preservation Ordinance;
(6) Enforce and recommend to adopt or amend design standards and guidelines for
structures designated "highly significant endangered" or "historic and cultural landmark"
or located in a historic and cultural landmark district;
(7) Hold hearings and make decisions concerning the issuance of certificates of
appropriateness pursuant to the Historic Preservation Ordinance;
(8) Review requests regarding participation in historic preservation economic
incentive programs and forward recommendations concerning such requests to the City
Council;
(9) Recommend recognition of the owners of structures or property designated in
accordance with the Historic Preservation Ordinance by means of certificates,plaques, or
markers;
Ch.2 Sec.2.102 and 2.103 amendment 2021 Ordinance No.25251-12-2021
Page 4 of 6
(10) Recommend to the City Council that the city acquire a structure or property
where its preservation is essential to the purposes of the Historic Preservation Ordinance
and private preservation is not feasible;
(11) Recommend to the City Council that the city accept the donation of
preservation easements and development rights as well as gifts for the purpose of historic
preservation; and
(12) Exercise such other and further powers as may be conferred on the Historic and
Cultural Landmarks Commission by city codes or ordinances.
(no changes to subsections f or g)
SECTION 3.
That this ordinance shall be cumulative of all provisions and of the Code of the
City of Fort Worth affecting zoning and shall not repeal any of the provisions of such
ordinances, except in those instances where provisions of such ordinances are in direct
conflict with the provisions of this ordinance.
SECTION 4.
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved
as to any and all violations of Ordinance Nos. 3011, 13896, 21653 or any amendments
thereto that have accrued at the time of the effective date of this ordinance; and as to such
accrued violations, and all pending litigation, both civil or criminal, same shall not be
affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 5.
That 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 void,
ineffective or unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since
the same would have been enacted by the City Council without the incorporation herein
of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 6.
All rights and remedies of the City of Fort Worth, Texas are expressly saved as to
any and all violations of the provisions of Ordinance No. 3011, Ordinance No. 13896,
Ch.2 Sec.2.102 and 2.103 amendment 2021 Ordinance No.25251-12-2021
Page 5 of 6
Ordinance No. 21653 or any other ordinances affecting zoning that 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 7.
This ordinance shall take effect upon adoption by the City Council.
APPROVED AS TO FORM AND LEGALITY:
�''�1,/11VIA1�cn 1py )ar�re�-S, -40ydA&
By: I � �v'`� � Jannette S.Goodall(Det 22,202110:46 CST)
Melinda Ramos, Jannette S Goodall,
Sr. Assistant City Attorney City Secretary
ADOPTED:December 14, 2021
EFFECTIVE: December 14, 2021
/L
CAS
Ch.2 Sec.2.102 and 2.103 amendment 2021 Ordinance No.25251-12-2021
Page 6 of 6