HomeMy WebLinkAboutOrdinance 18705-07-2009ORDINANCE NO 18705-.07 2009
AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE OF
THE CITY OF FORT WORTH, BEING ORDINANCE NO 17154 CODIFIED AS
CHAPTER 31 OF THE CODE OF THE CITY OF FORT WORTH, BY
AMENDING THE FOLLOWING ARTICLES IN CHAPTER 6 ARTICLE III,
SUBSECTION D `LOT TYPES AND DESIGN" TO DELETE THE REFERENCE
TO UTLITY EASEMENTS ARTICLE VI `STREET DESIGN STANDARDS TO
REVISE SECTIONS 1, 2 & 3 OF SUBSECTION D REGARDING
STREET/BLOCK LENGTH DESIGN STANDARDS ARTICLE VI,
SUBSECTION F `LIMITED LOCAL RESIDENTIAL STREET DESIGN
STANDARDS TO ADD A NEW SECTION REGARDING PAVING FLARE
OUTS ARTICLE VIII, `OIL AND GAS PIPELINES TO REFLECT STATE
AND FEDERAL PIPELINE REGULATIONS AND ARTICLE IX `OIL AND
GAS WELLS TO REVISE SUBSECTION A. TO REQUIRE PLAT
STATEMENTS REGARDING BUILDING SETBACK REQUIREMENTS FROM
GAS WELLS AND TO DELETE SUBSECTION B. AND C., PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE, PROVIDING A
SEVERABILITY CLAUSE PROVIDING A PENALTY CLAUSE, PROVIDING A
SAVINGS CLAUSE PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on September 12, 2006 the City Council of Fort Worth adopted
Ordinance Number 17154 establishing the `Subdivision Ordinance" of the Crty of Fort
Worth, Texas, and
WHEREAS, the Subdrvision Ordinance has requirements for the calculation of
net acreage, the measurement of block lengths, dedication of easements for oil and gas
pipelines and setbacks from oil and gas wells, and
WHEREAS, it is recommended that the Subdivision Ordinance be amended to
calculate net acreage in the same manner as Tarrant County and
WHEREAS, rt is recommended that the Subdivision Ordinance measurement
technique for block faces be amended to be consistent with common practice m other
cities, and
WHEREAS, rt is recommended that the regulations regarding oil and gas
pipelines refer to the regulations as set forth by the Railroad Commission of Texas and
the Office of Pipeline Safety within the U S Department of Transportation, and
WHEREAS, the recently adopted Gas Dnlhng ordinance established setbacks for
buildings not associated with oil and gas wells and it is recommended that the
Subdivision Ordinance be amended to be consistent with Gas Dulling ordinance; and
WHEREAS, the City Plan Commission has reviewed the proposed amendments
and recommends amending Chapter 6 of the Subdivision Ordinance as proposed by city
staff;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS
SECTION 1
Chapter 6 `Subdivision Design Standards" Article III, `Lot Types and Design
of Ordinance No 17154 the Subdivision Ordinance of the City of Fort Worth, is amended
to revise subsection D `Lots Served by Conventional Septic or Aerobic Sanitary
Disposal Systems. to read as follows
D Lots Served by Conventional Septic or Aerobic Sanitary Disposal Systems.
1 Lots served by on-site wastewater septic disposal systems and individual
water wells shall have a contiguous land area not less than one (1) acre
(net) in size, exclusive of 100-year flood plain, drainage easements and
features, access easements, and street nght-of way Contiguous gross
and net lot area calculations shall be shown on and for each lot on the
plat.
SECTION 2.
Chapter 6 `Subdivision Design Standards" Article VI, `Street Design Standards"
of Ordinance No 17154 the Subdivision Ordinance of the City of Fort Worth, is amended
to delete subsection D `Street/Block Length Design Standards" Sections 1 2 & 3 and
replace with the following text:
2
D Street and Block Face Design Standards
Street and block face lengths and the maximum number of residential units served
shall conform to the standards below
1 Cul-de-sac Length and'Lot Yield. The following standards apply to both public
and private streets
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
b. Measurement Technique. Cul-de-Sac street lengths shall be measured
along the street centerline from the nearest intersecting street ROW line to
the radius point of the Cul-de Sac turnaround. No Residential Street, or
series of interconnecting streets, forming a closed circle Cul-de-Sac(s) m
which only one outlet to a Collector or higher order street is provided, shall
serve more lots than indicated in the Street/Block Length Design Standards
Section.
Multiple horizontal directional changes m the alignment of an allowable
length Cul-de-Sac Street shall not be considered m determining the number
of short blocks m a subdivision plan
2. Block Face Length. The following standards apply to both public and pnvate
streets
Block Face Length (feet)
Minimum Maximum
a. Standard Urban Blocks
Large Lots
(150 ft. wide more)
Urban Type Lots
(less than 150 ft. wide)
Limited Local Streets
500 1,950
500 1,320
n/a 800
b. Special Regulations for Dense Development Area
Areas zoned for 'MU 1 'MU 2 'MU 1 G and 'MU 2G Mixed Use
Districts, or 'H" Central Business Distract shall conform to the following
block restrictions. To ensure efficient circulation, the maximum distance
between publicly accessible streets shall be one thousand (1000) feet. No
3
block may have a perimeter greater than one thousand six hundred (1600}
feet. Private Streets with adjacent sidewalks that are accessible through a
public use easement, or a private walkway which is accessible thru such
public use easement, 'may serve as a block boundary
Block Face Length (feet)
Minimum Maximum
Downtown CBD Lots (Zoned `H") 250 500
Inner Crty Lots (Zoned `MU") 200 500
c. Measurement Technique. The length of a block face shall be the distance
between intersecting street rights-of way regardless of directional changes.
Block width ><s the block end without lots facing onto rt. The perimeter of a
block is the cumulative length of all block faces and block ends. (See
Figure 10 )
Figure 14
Street A
ar
a>
cn
a~
a~
in
Street C
.~~~. Block F +- - - ~- Block End
3 Variance/Waiver Considerations to Street and Block Face Length
Standards.
Proposed Streets and blocks that are longer or shorter than the' allowed
maximum and minimum lengths described m these regulations, (exclusive of
Collector and Arterial streets) shall require a re-design or a waiver issued by
the Crty Plan Commission. In reviewing a waiver request, the Commission
shall consider any or all of the following issues relevant to the Subdiva,s><on.
a. Alternative design considerations that would mitigate the street length issue
and provide conformance with the subdivision regulation requirements.
b. The effect of the over !under length streets} on traffic and pedestrian safety
and circulation, land access, traffic congestion, construction and municipal
maintenance costs, and the efficient delivery of emergency and support
4
services, both to and within the neighborhood.
c. Feasibility of potential mitigation measures, which might be employed to
lessen traffic impacts, such as the following:
(1) Mid-block turnarounds,
(2) Limitation on the number of dwelling units or land intensity to be
served,
(3) Temporary access points,
(4) Identification of additional fire protection measures, which might be
employed, such as obstruction clearance easements, etc.,,
Mid block pedestrian access easements, and
(6) Context sensitive street designs.
Applicant proposals for the placement of traffic speed reduction humps in
public or private roadway travel lanes as a speed reduction method is not an
acceptable or allowable mitigation solution.
SECTION 3.
Chapter 6 `Subdivision Design Standards" Article VI, `Street Design Standards"
of Ordinance No 17154 the Subdivision Ordinance of the City of Fort Worth, is amended
to revise subsection F `Limited Local Residential Street Design Standards" to add item
13 to read as follows
13. A paving flare-out of 28 ft. wide by 40 ft. long, within the prescribed ROW
shall be provided at the approximate mid-block location, not exceeding 500 ft.
from the nearest intersecting cross street. (See Figure 11)
Figure 11
~ J ~ ~ [
~ ~ !
;. .. ~ ~.
~!` f ~' r
~•..~+~+
~ ~ ~~
"3 i
~~i t~Jl }J~-~'.i~x ~
I. .~ v ~~+
5
SECTION ~
Chapter 6 `Subdivision Design Standards" Article VIII, `Oil and Gas Pipelines"
of Ordinance No 17154 the Subdivision Ordinance of the City of Fort Worth, is deleted
m its entirety and replaced with the following language•
Article VIII. Oil and Gas Pipelines
Oil and gas pipelines are regulated by the Railroad Commission of Texas, Safety
Division, Plpehne Safety Section, by authority of the Office of Pipeline Safety
within the U S Department of Transportation. All known oil and gas pipelines
and pipeline easements must be indicated on a plat.
SECTION 5.
Chapter 6 `Subdivision Design Standards" Article IX, `Oil and Gas Wells" of
Ordinance No 17154 the Subdivision Ordinance of the City of Fort Worth, is amended to
revise subsection A. `Plat Statement" to read as follows
A. Plat Statement
When an existing oil or gas well is located on the subject property to be platted,
all plats must contain a statement that no building, not necessary to the operation
of an oil or gas well, shall be constructed within the setbacks required by the
current Gas Well Ordinance and adopted Fire Code. If, upon appeal to the City
Council, a variance for a lesser distance is approved, the statement shall reflect
the distance granted by the Council.
The plat statement note shall read as follows
BUILDING CONSTRUCTION DISTANCE LIMITATION TO AN
OIL OR GAS WELL BORE
Pursuant to the Fort Worth Crty Code, no building(s) not necessary to
the operation of an oil or gas well shall be constructed within the
setbacks required by the current Gas Well Ordinance and the adopted
Fire Code from any existing or permitted oil or gas well bore. The
distance shall be measured in a straight line from the well bore to the
closest exterior point of the building, without regards to intervening
structures or objects.
SECTION 6.
Chapter 6 `Subdivision Design Standards" Article IX, `Oil and Gas Wells" of
6
Ordinance No 17154 the Subdivision Ordinance of the City of Fort Worth, is amended to
delete subsection B `Well Identification and Impact Statement" and subsection C
Affidavit" in their entirety
SECTION 7
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 m direct conflict with the provisions of such ordinances and such Code, m
which event conflicting provisions of such ordinances and such Code are hereby
repealed.
SECTION 8.
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 ~unsdichon,
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 m this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 9
Compliance with these rules and regulations shall be a condition of the use of the
public parks and recreation areas of the city 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 subject to arrest, and or fined not more
7
than Five Hundred Dollars ($500 00) for each offense. Each day that a violation exists shall
constitute a separate offense.
SECTION 10
All rights and remedies of the Crty 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 m 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 11.
The Crty 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 m the
official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013
Texas Local Government Code.
SECTION 12.
This ordinance shall take effect after adoption and publication as required by law
APPROVED AS TO FORM AND LEGALITY
Assistant Cit,~ Attorney
ADOPTED• _ July 14, 2009
EFFECTIVE
8
City of Fort Worth, Texas
Mayor and Council Communication
~~
COUNCIL ACTION: Approved, on 7/14/2009 -Ord. No. 18705-07-2009
DATE Tuesday July 14 2009 REFERENCE NO G-16622
LOG NAME 060065030 SUBDIVORD AMEND
SUBJECT
Adopt an Ordinance Amending Chapter 6 Articles III VI VIII and IX of the Subdivision Ordinance Relating
to Net Acreage Block Length Oil and Gas Pipelines and Wells
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance amending the Subdivision
Ordinance to
1 Include utility easements in the land area when calculating net acreage
2 Revise the way that block lengths are measured and change the block length measurement regulations
to match the new measurement technique
3 Reflect that the placement, width pressure ratings and safety aspects oil and gas pipelines are
regulated by the Texas Railroad Commission and
4 Revise the language related to required setbacks from oil and gas wells to match the recently adopted
gas well ordinance
DISCUSSION
The City Planning Commission is recommending approval of the amendments described below The City
Council received Pre-Council briefings on these items and authorized staff to prepare the attached
amendments.
Amendment No 1 relates to the measurement of net acreage and makes the City's ordinance consistent
with Tarrant County's regulations The minimum net acreage required for lots being served by on-site
wastewater septic disposal systems and water wells is one acre The net acreage is currently calculated to
exclude drainage floodplain and utility easements. Tarrant County however allows the inclusion of utility
easements in the calculation since they do not affect the absorption rate of the septic field
Amendment No 2 relates to the measurement of block length and makes the City's ordinance consistent
with common practice in other cities It revises the technique for measuring blocks to consider block faces
rather than measuring along street centerlines Measuring along block faces will allow greater
consideration of connectivity in evaluating a subdivision The revised measurement technique requires a
slight reduction in the allowable block length
Amendment No 3 relates to the regulation of oil and gas pipelines. The Amendment recognizes that these
pipelines are regulated by the Pipeline Safety Section of the Texas Railroad Commission which regulates
the placement, width pressure ratings and safety aspects of pipelines The current Subdivision Ordinance
Logname 060065030 SUBDIVORD AMEND Page I of 2
requires specific locations and easement widths for oil and gas pipelines based on the pressure rating of
the pipeline and the land uses surrounding it, and thus inappropriately places the responsibility of meeting
these requirements on the developer rather than on the pipeline company The Gas Well Task Force
endorsed this Amendment.
Amendment No 4 relates to building setbacks from oil and gas wells and makes the City's ordinance
consistent with the recently adopted gas drilling ordinance
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that this action will have no material effect on City
funds
FUND CENTERS
TO Fund/AccountlCenters
FROM Fund/Account/Centers
CERTIFICATIONS
Submitted for City Manager's Office bv.
Ori, icl nating_Department Head.
Additional Information Contact:
Logname: 060065030 SUBDIVORD AMEND
Fernando Costa (6122)
Susan Alanis (8180)
Allison Gray (8030)
Page 2 of 2