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HomeMy WebLinkAboutOrdinance 26605-11-2023 (2) ORDINANCE NO. 26605-11-2023 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 VI, "SUBDIVISION DESIGN STANDARDS", TO INCORPORATE THE TRINITY RIVER VISION STORM DRAIN MASTER PLAN INTO THE SUBDIVISION ORDINANCE; REQUIRING COMPLIANCE WITH THE TRINITY RIVER VISION STORM DRAIN MASTER PLAN; PROVIDING THAT THIS ORDINANCE SIIALL 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Ordinance"to the City Code; and WHEREAS, on October 30, 2007, the City Council adopted Ordinance Number 17851 which repealed the contents of Chapter 31 "Subdivision Regulations",replaced with the contents of Appendix C, "Subdivision Ordinance"and repealed Appendix C; and WHEREAS, the City Council has adopted a Trinity River Vision Storm Drain Master Plan for the Panther Island District; and WHEREAS, the City Council finds it advisable to incorporate the Trinity River Vision Storm Drain Master Plan into the Subdivision Ordinance and require compliance with the Trinity River Vision Storm Drain Master Plan; and WHEREAS,the City Plan Commission has reviewed the proposed amendment 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 VI, "Subdivision Design Standards," Section 31-105,to add subsection (h)to read as follows: 2023 Subdivision Ordinance Amendment Ordinance No.26605-11-2023_ Trinity River Vision Storm Drain Master Plan h. Trinity River Vision Storm Drain Muster Plan.The Trinity River Vision Storm Drain Master Plan as adopted and amended by the City Council is hereby incorporated herein by reference as if fully set forth in these regulations. All development within Panther Island District, and all other areas that are a part of the Trinity River Vision Storm Drain Master Plan,shall conform to the Trinity River Vision Storm Drain Master Plan. 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 ally 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 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 2023 Subdivision Ordinance Amendment Ordinance No.26605-11-2023 Trinity River Vision Storm Drain Master Plan final disposition by the courts. SECTION 5. This ordinance shall take effect after adoption. APPROVED AS TO FORM AND LEGALITY: ,dt,��unU od T f it Ott °0�O O� roa i •ss CST)R Qj a0o �a(�o1.0 O>-O O 7- Richard A. McCracken Jannette S. Goodall �� a o Senior Assistant City Attorney City Secretary 0�0°°° 00� Oi ADOPTED:November 28,2023 EFFECTIVE November 28,2023 II k� h u f I I� l: f i 2023 Subdivision Ordinance Amendment Ordinance No.26605-11-2023_ Trinity River Vision Storm Drain Master Plan City of Fort Worth,Texas Mayor and Council Communication DATE: 11/28/23 M&C FILE NUMBER: M&C 23-0993 LOG NAME: 03ADOPT TRINITY RIVER VISION STORM DRAIN MASTER PLAN 2023 SUBJECT (CD 2 and CD 9) Adopt the Trinity River Vision Storm Drain Master Plan and Adopt Ordinance Amending Chapter 31 Subdivision Ordinance to Incorporate the Trinity River Vision Storm Drain Master Plan RECOMMENDATION: It is recommended by the City Plan Commission that the City Council: 1. Adopt the attached Trinity River Vision Storm Drain Master Plan,and 2. Adopt the attached ordinance amending Chapter 31 Subdivision Ordinance to incorporate the Trinity River Vision Storm Drain Master Plan. DISCUSSION: The 2014 Trinity River Vision Storm Drain Master Plan("Master Plan")was prepared to analyze the drainage system on and around Panther Island,to identify storm drain infrastructure affected by the U.S.Army Corps of Engineers Central City Flood Control project,and to determine the proposed storm drain projects including canals necessary to handle drainage on Panther Island.City staff have used the Master Plan to inform City-led storm drain relocation projects supporting the Central City Flood Control project. On November 17,2023,the City Plan Commission voted to recommend adoption of the Master Plan and adoption of the Subdivision Ordinance amendment to incorporate the Master Plan. Adoption helps ensure that private development and associated developer plans for public infrastructure on Panther Island are consistent with the Master Plan. 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 this recommendation will have no material effect on City funds. Submitted for Cily Manager's Office by: Reginald Zeno 8517 Originating Business Unit Head: Clay Pearson 7621 Additional Information Contact: Clair Davis 7893