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HomeMy WebLinkAboutOrdinance 21509-10-2014 I i I ORDINANCE NO. 21509-10-2014 AN ORDINANCE ESTABLISHING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR ONE-FAMILY RESIDENTIAL BUILDING PERMITS IN ONE-FAMILY RESIDENTIAL ZONING DISTRICTS IN THE PROPOSED TCU RESIDENTIAL OVERLAY DISTRICT BOUNDARY PENDING CONSIDERATION OF THE ADOPTION OF THE TCU RESIDENTIAL OVERLAY DISTRICT; PROVIDING AN APPEAL PROCEDURE; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth has many unique and distinctive residential neighborhoods which contribute significantly to the overall character and identity of the City; I and I WHEREAS, as provided under Section 211.004(a) of the Texas Local Government � Code, the City's one-family residential zoning districts are established upon legislative i determination that zoning regulations promote "health and general welfare; lessen congestion in the streets; prevent the overcrowding of land and avoid undue concentration of population," are well expected to be somewhat permanent and are in conformance with the City's Comprehensive Plan; and ' I i WHEREAS, the Council of the City of Fort Worth notes that the Comprehensive Plan calls for maintaining the stability of the City's neighborhoods by encouraging new, higher i density,residential development along the City's transit and commercial corridors; and WHEREAS, stabilizing the City's established neighborhoods is intended to preserve and strengthen the quality of life within and the sustainability of the City's range of neighborhoods; I protect public and private investments by ensuring the vitality and stability within the City's i range of neighborhoods; and enhance the character and desirability of and housing choice within the City as a whole; and j I Ordinance No.21509-10-2014 Page 1 of 8 i I it WHEREAS, within the City there are nine colleges and universities including Texas Christian University ("TCU") which is the City's largest university having 9,925 students enrolled as of Fall, 2014; and WHEREAS, TCU presently houses 48.3% of its student body on-campus, the remaining 5,865 students live off-campus, generally in close proximity to the campus; and I' WHEREAS, the City Council notes that the area surrounding the TCU campus is i predominately one- and two-family, low density residential zoning; and i jWHEREAS, the City Council is aware that with increasing frequency single-family homes in the established neighborhoods surrounding TCU are purchased by'real estate investors or parents of TCU students, for the purpose of providing housing for students; and I WHEREAS, owner-occupied .residents have expressed concerns about problems i associated with the high concentration of housing occupied by unrelated persons including I students in established neighborhoods, including but not limited to overcrowding in structures containing four or more bedrooms and four or more bathrooms, excessive vehicular traffic, 1 increased on-street and off-street demand for parking on residential streets, the transient character of unrelated tenants, lack of maintenance of structures and their grounds, noise and i other nuisance conditions such as litter and parties; and I4 WHEREAS, the City Council recognizes the need to preserve, protect, and enhance the ` f I value of these areas and wishes to provide a means of conserving the distinctive atmosphere or 1 character of areas by protecting or enhancing the single-family residential character through the establishment of a residential district overlay within the area surrounding TCU; and WHEREAS, it is advisable to establish regulations to protect and enhance the single- family residential character through the establishment of a residential district overlay within the i i I Ordinance No.21509-10-2014 Page 2 of 8 area surrounding TCU to protect the single-family residential character of the neighborhood surrounding the college campus, while permitting the residence of students "off-campus" proximate to the university, to protect the character of the area, and to diminish those influences I which infringe on the quiet enjoyment of single-family residences, such as noise, litter, overcrowding, additional parking needs, and lack of maintenance of structures and their grounds; i and i WHEREAS, on October 7, 2014, the City's Zoning Commission voted to continue ZC- 14-137, the text and map amendment for the TCU Residential Overlay District, to allow City staff and stakeholders to meet to discuss options for the allowed number of unrelated persons I living together in single-family homes in the overlay and the grandfathering of existing rental properties; and i i I WHEREAS, the City Council anticipates that, within 72 days, the Citizen Committee and City staff could present proposed regulations regarding the TCU Residential Overlay i I l District. i NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE I CITY OF FORT WORTH, TEXAS: I SECTION 1. Intent It is the intent of this ordinance to limit temporarily, except as otherwise provided herein, the acceptance of applications for one-family residential use building permits in the proposed TCU Residential Overlay District boundary in order to maintain the status quo pending consideration of the adoption of such regulations. I i A. It is recognized that there is a need to establish regulations addressing the number of i unrelated persons living in single-family homes due to the increased number of students I I I Ordinance No.21509-10-2014 Page 3 of 8 II I living off campus, which infringes on the quiet enjoyment of single-family residences by noise, litter, overcrowding, additional parking needs, and lack of maintenance of structures and their grounds; and i B. The intent of this ordinance is to promote the orderly development of the City of Fort Worth, to protect the public health, safety and general welfare of the citizens of the City V of Fort Worth and to maintain the status quo pending adoption of such regulations. It is not the intent of this ordinance to deny development rights protected by law. C. Further, it is the intent of the City to address the number of unrelated persons living in single family homes in the proposed TCU Residential Overlay District boundary in the City in an expeditious manner and with due regard for the legal rights of the private property owners in Fort Worth. i SECTION 2. Definitions A. "One-Family Residential Building Permit" means formal approval by the City of Fort i Worth of building plans that meet the requirements of the prescribed codes and is authorization to proceed with the construction or reconfiguration of a one-family residential structure at a particular site, in accordance with the approved drawings and specifications. B. "Proposed TCU Residential Overlay District" means that area outlined on the attached Exhibit"A." 1 C. "Application" means a concept plan, preliminary plat, site plan, application for rezoning, application for a one-family residential building permit and application for other development permit. i i Ordinance No.21509-10-2014 Page 4 of 8 I SECTION 3. Limitation on Acceptance of Applications i A. Except as otherwise provided herein, after the effective date hereof, and extending for the f duration of this ordinance, no employee, officer, agent, department or commission of the City shall accept for filing any of the following in the proposed TCU Residential Overlay District boundary: (1) Application for a one-family residential building permit; or (3) Application for other development permit related to a one-family residential building permit. B. Applications for one-family residential building permits outside the proposed TCU Residential Overlay District boundary are not subject to the moratorium. I i C. Applications for the repair or replacement of an existing's structure's electrical, plumbing, mechanical roofs, garages (without livingquarters), walls floors ceilings, , windows, doors, detached non-habitable accessory structures and outdoor structures, such as gazebos, which do not increase the square footage or add sleeping quarters to the F residence are not subject to the moratorium. D. The Planning and Development Director or designee, building official, or other City official responsible under City regulations for reviewing an application, as defined herein, for the Property shall determine whether the application is subject to the moratorium. Acceptance of an application for the limited purpose of such review shall i not constitute filing or acceptance of the application. In the event the official determines l an application is subject to the moratorium, the official shall take no further action on the application and shall return the application,together with any proffered application fee to I Ordinance No.21509-10-2014 Page 5 of 8 I I i the applicant with the notification that the application will not be accepted for filing or further processing for the duration of this ordinance and any extension thereof. SECTION 4. Term of Ordinance Unless extended by the City Council, this ordinance shall continue in effect until December 31, 2014, at 11:59 p.m., or until the City Council terminates the moratorium, whichever occurs first. I SECTION 5. Appeals A. If the Development Director, building official, or other City official refuses to accept an application, the applicant may appeal the decision to the City Council. The appeal must i be in writing and be filed in and received by the Office of the City Attorney. Once filed f and received by the Office of the City Attorney, the appeal will be considered by the City Council: d (i) at its next regular Tuesday meeting so long as the appeal is filed by 5:00 p.m. on the Wednesday preceding such meeting; or (ii) at its second regular Tuesday meeting following the date on which the appeal i is filed and received by the Office of the City Attorney. B. The City Council shall not release the applicant from the requirements of this ordinance, i unless the applicant first presents credible evidence from which the City Council can i i i reasonably conclude application of this ordinance would likely deprive the applicant of �I rights protected by law. I C. The City Council may take the following actions on an appeal: II I (1) deny the appeal, in which case the application shall not be accepted; or V I Ordinance No.21509-10-2014 I Page 6 of 8 f f i �I I (2) grant the appeal, and direct the Development Director to accept the application for filing and processing. D. In no event shall acceptance of an application guarantee that the City will issue the permit, unless the application is in compliance with all applicable codes, laws and regulations. i SECTION 6. Not Applicable to Pending Applications This ordinance does not apply to applications that have been accepted by the City before the enactment of this ordinance. Such applications shall be processed in accordance with I applicable policies and procedures and shall not be affected by the enactment of this ordinance. I SECTION 7. Cumulative Effect I This ordinance shall be cumulative of all provisions of ordinances and of the Code of the r 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 such conflicting provisions of such ordinances and Code are hereby suspended for the period during j which this ordinance is in effect. i SECTION 8. j Severability 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 final decree of a court of competent jurisdiction, such i voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, j i I Ordinance No.21509-10-2014 fI Page 7 of 8 i clauses, sentences, paragraphs or sections of this ordinance, since the same would have been i enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence,paragraph or section. SECTION 9. f Effective Date I This ordinance shall take effect upon adoption. r APPROVED AS TO FORM AND LEGALITY: City Attorney Allison Tidwell Assistant to the City Secretary ADOPTED AND EFFECTIVE: October 21 2014 I i I 1 i I I I l 4 I f i Ordinance No.21509-10-2014 Page 8 of 8 I PROPOSED TCU RESIDENTIAL OVERLAY DISTRICT `a g district boundaries are subject to liange i �aSrC� ' a,T„•�L F1r1111i r current bOUndarles and more detailed detrneallon, w ALLEN see the Official Zoning Flap maintained byU�e Did of 06ILLINSSWORTR dr� C wONn Fort WorUT Piann�fngand Development Department. R rraRr i<E f 4rnr+ WINDSOR � re HLflvrvj TON nt r Q ti��uLsjalRe � z tF i AVMJ0ALE) r f3L. 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