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HomeMy WebLinkAboutOrdinance 17277-11-2006ORDINANCE NO 17277 11 2006 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO 13896, AS AMENDED CODIFIED AS APPENDIX A OF THE CODE OF THE CITY OF FORT WORTH, TO AMEND SECTION 4.1200 `URBAN DESIGN DISTRICTS" TO DESIGNATE THE PLANNING DEPARTMENT AS THE REVIEWING DEPARTMENT AND TO AMEND SUBSECTION G TO REQUIRE THAT A SIGN SHALL BE POSTED ON A PROPERTY UNDER CONSIDERATION FOR A CERTIFICATE OF APPROPRIATENESS FROM THE DOWNTOWN DESIGN REVIEW BOARD (DDRB), PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. WHEREAS, the Crty Manager placed the activities of the Downtown Design Review Board with the Planning Department effective September 2005 WHEREAS downtown development activity often affects users and tenants of space far more than the property owner and WHEREAS, the posting of a sign on a subject property under consideration for a certificate of appropriateness from the Downtown Design Review Board is more conducive to adequately providing notice, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS AS FOLLOWS SECTION 1. Chapter 4 Article 12 of Ordinance No 13896, the Zoning Ordinance of the Crty of Fort Worth, Subsection E. `Certificate of Appropriateness Required, Subsection F `Pre Design Conference" and Subsection I Appeal of Section 4 1200 `Urban Design Districts-Downtown are amended to delete references to the Development Department as the reviewing department and to add language to designate the Planning Department as the reviewing department, to read as follows E. Certificate of Appropriateness Required. 2 Applications for a building permit may be submitted m conjunction with an application for a certificate of appropriateness, however no building permit shall be issued for construction, expansion, renovation, remodeling or other alterations on any building within the Urban Design District Downtown until a certificate of appropriateness reflecting compliance with Sections 2 through 5 of the Downtown Urban Design Standards is approved by the Downtown Design Review Board and issued by the Planning Department. F Pre-Design Conference. A pre-design conference with the Planning Director or a designee is required before an applicant makes application for a certificate of appropriateness. Two copies of a site plan containing the following information shall be submitted to the Planning Director for discussion at the pre-design conference I. Appeal. 1 All decisions of the Planning Director or a designee concerning walkway areas and landscape may be appealed by the applicant to the Downtown Design Review Board by submitting a written appeal to the Crty Secretary within ten days after receipt of notification of the Planning Director's or a designee s decision. Hearings by the Downtown Design Review Board shall be held m accordance with section 2.104 The Downtown Design Review Board may uphold, reverse or modify the decision of the Planning Director or a designee. 2 SECTION 2. Chapter 4 Article 12 of Ordinance No 13896 the Zoning Ordinance of the City of Fort Worth, Subsection G Apphcahon for a Certificate of Appropriateness" of Section 4 1200 `Urban Design District Downtown is amended to delete the provision for an application to be submitted ten days prior to the meeting, to delete a reference to the Development Department and to add a reference to the Planning Department, and to add a provision to require public notice of proposed work within the Downtown Urban Design District by the posting of a sign m a publicly visible location prior to a public hearing before the Downtown Design Review Board, as follows G Application for Certificate of Appropriateness The following materials shall be submitted to the Planning Department in connection with an application for a certificate of appropriateness. The materials must be submitted at least ten days before the meeting of the Design Review Board at which the application for a certificate of appropriateness will be considered. At the time application materials are submitted, the applicant shall receive a sign provided by the Planning Department that shall be posted on the project site at street level m a location readily visible to the public no less than ten days prior to the meeting of the Downtown Design Review Board. SECTION 3. That this ordinance shall be cumulative of all other ordinances of the Crty of Fort Worth affecting zoning and shall not repeal any of the provisions of such ordinances, except m those instances where provisions of such ordinances are m direct conflict with the provisions of this ordinance 3 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 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 maybe prosecuted until final disposition by the courts. SECTION 5. That rt 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 ~urisdichon, 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. That this ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY David Yett, City ey By• Assistant Crty Attorney Adopted. ~ ~~ Effective 4