HomeMy WebLinkAboutOrdinance 17288-11-2006ORDINANCE NO. 17288-11-06
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, BY AMENDING SUBSECTIONS A
AND B OF SECTION 2.104 DOWNTOWN DESIGN REVIEW
BOARD" TO INCREASE THE MEMBERSHIP FROM FIVE TO
SEVEN MEMBERS WITH ONE ALTERNATE MEMBER ON THE
DOWNTOWN DESIGN REVIEW BOARD AND IDENTIFY BY
PLACE NUMBERS, AMEND SUBSECTION C OF 2.104 TO
INCREASE THE QUORUM TO FIVE, AMEND SUBSECTION E.
OF 2.104 TO EXPAND THE POWERS AND DUTIES OF THE
BOARD TO INCLUDE ENFORCEMENT OF THE
DEVELOPMENT STANDARDS AND GUIDELINES FOR THE
TRINITY UPTOWN DISTRICT AMEND SUBSECTION F OF
2.104 TO INCREASE THE NUMBER OF AFFIRMATIVE VOTES
REQUIRED FOR APPROVAL 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, the Crty Council adopted Ordinance No 14894 on December 11
2001 establishing the Urban Design Distract Downtown and adopting design standards
applicable to certain development projects m the downtown area, and
WHEREAS, the Downtown Design Review Board was established to review
applications for certificates of appropriateness for downtown development projects
subject to the design standards, and
WHEREAS, Ordinance No 15832 provided that the Downtown Design Review
Board will be composed of five regular members and one alternate member and
WHEREAS, the Downtown Design Review Board will be responsible for
reviewing applications for certificates of appropriateness for the newly formed Trinity
Uptown District; and
WHEREAS, rt is advisable to increase the membership from five to seven regular
members and one alternate member and provide for the authority to review the standards
and guidelines for Trmrty Uptown District;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS
SECTION 1
Subsection A `Creation and Appointment" of Section 2 104 `Downtown Design
Review Board" is hereby amended to increase the membership on the Downtown Design
Review Board to seven members to read as follows
A. Creation and Appointment
There is hereby created a Downtown Design Review Board, to be
composed of seven members and one alternate member all of
whom shall be qualified electors of the Crty of Fort Worth. The
Board shall include a minimum of one regular member from each
of the following categories architect/design professional,
Downtown Urban Design District business owner/manager Trmrty
Uptown business owner/manager and real estate professional. The
alternate member shall serve when regular Board members are
unable to attend or participate Appointment of the alternate shall
rotate from each of the following categories archrtect/design
professional, Downtown Urban Design District business
owner/manager Trinity Uptown business owner/manager .and real
estate professional.
SECTION 2.
Subsection B `Terms of Office of Section 2.104 `Downtown Design Review
Board" is hereby amended to increase the identification of members by place numbers to
coincide with the increase m total membership of the Board to read as follows
B Terms of Office
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The members of the Downtown Design Review Board and alternate shall
be identified by place numbers one through even. The odd-numbered
places shall expire on October 1 of each odd-numbered year and the even-
numbered places shall expire on October 1 of each even-numbered year
The term of the alternate member shall expire on October 1 m each odd-
numbered year Members may be appointed to succeed themselves.
Vacancies shall be filled for unexpired terms but no members shall be
appointed for a term m excess of two years.
SECTION 3.
Subsection C `Meetings and Quorum of Section 2 104 `Downtown Design
Review Board is hereby amended to increase the number of members required to
constitute a quorum necessary for the conduct of business to read as follows
C Meetings and Quorum.
Five members of the Downtown Design Review Board shall constitute a quorum
for the conduct of business. The members of the Downtown Design Review
Board shall regularly attend meetings and public hearings and shall serve without
compensation, except for reimbursement for authorized expenses attendant to the
performance of their duties.
SECTION 4
Subsection E `Powers and Duties" of Section 2 104 `Downtown Design Review
Board" is hereby amended to expand the powers of the Downtown Design Review Board
to include review of proposed development m the Trmrty Uptown District to read as
follows
E Powers and Duties
The Downtown Design Review Board is hereby charged with the duty and
invested with the authority to
1 Enforce the Downtown Urban Design Standards for new
construction and renovations by hearing and deciding applications for
certificates of appropriateness in accordance with Section 4 1200 and,
2 Enforce the Trinity Uptown Development Standards and
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Guidelines for new construction and renovations by hearing and deciding
applications for certificates of appropriateness maccordance with Section
4 908 and 4 1201 and,
3 Propose amendments to the Downtown Urban Design Standards
and the Trinity Uptown Development Standards and Guidelines to the
Zoning Commission and Crty Council from time to time.
SECTION 5.
Subsection F `Decision by Downtown Design Review Board" of Section 2 104
`Downtown Design Review Board is hereby amended to increase the number of
affirmative votes required by members of the Downtown Design Review Board to
approve a Certificate of Appropriateness or to propose amendments to the Urban Design
Standards or Trinity Uptown Development Standards and Guidelines to read as follows
F Decision by Downtown Design Review Board.
Four affirmative votes by members of the Downtown Design Review
Board shall be required to approve a Certificate of Appropriateness or to
propose amendments to the Downtown Urban Design Standards and the
Trmrty Uptown Development Standards and Guidelines.
SECTION 6.
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 7
It is hereby declared to be the intention of the Crty Council that the sections,
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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 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 8.
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 fined not more than Two Thousand Dollars ($2,000 00) for each offense Each
day that a violation exists shall constitute a separate offense
SECTION 9
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 13896 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 final
disposition by the courts.
SECTION 10.
The Crty Secretary of the Crty of Fort Worth, Texas, is hereby directed to publish
the caption, penalty clause and effective date of this ordinance for two (2) days in the
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official newspaper of the City of Fort Worth, Texas, as authorized by Section 52 013
Texas Local Government Code
SECTION 11
This ordinance shall take effect on February 28, 2007 after publication as required
bylaw
APPROVED AS TO FORM AND LEGALITY
Assistant City Attorney ~~~
ADOPTED•'~(~I~QC`~1Y1~f0~ ILA .~ ~
EFFECTIVE ' l~; ~lJ l
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