HomeMy WebLinkAboutOrdinance 16036ORDINANCE NO ~~ D "~`''
AN ORDINANCE ADOPTING A MORATORIUM ON ACCEPTANCE OF
PRELIMINARY PLATS, UNIFIED RESIDENTIAL DEVELOPMENT SITE
PLANS, APPLICATIONS FOR BUILDING PERMITS, CERTIFICATES OF
OCCUPANCY AND OTHER DEVELOPMENT PERMITS FOR CERTAIN
PROPERTIES LOCATED SOUTH CAMP BOWIE BOULEVARD, WEST OF
LAKE COMO PARK, NORTH OF VICKERY BOULEVARD AND EAST OF
BRYANT IRVIN ROAD, EXCEPT FOR DEVELOPMENT PERMITS
CONSISTENT WITH A 5" ONE-FAMILY RESIDENTIAL ZONING, PENDING
CONSIDERATION OF REZONING OF SUCH PROPERTIES, ESTABLISHING
AN APPEALS PROCEDURE, PROVIDING A SEVERABILITY CLAUSE AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Crty Council has approved Mayor and Council Communication G-
14431 authonzmg the Crty Manager to initiate rezoning of properties located south of Camp
Bowie Boulevard, west of Lake Como Park, north of Vickery Boulevard and east of Bryant Irvin
Road (the `Property") to A 5 One-Family Residential m accordance with the 2004
Comprehensive Plan,
WHEREAS, the Property is more fully described m Attachment A and is depicted on
the map attached as Attachment `B"
WHEREAS portions of the Property are currently zoned for commercial use,
multifamily use, or two-family residential use, respectively
WHEREAS, A 5" One-Family Residential allows development of single family
residential dwellings on lots 5 000 square feet m area or larger churches, schools and other uses
as set out m Section 4 603 of the zoning ordinance, but does not allow mdustnal, commercial or
multifamily development;
WHEREAS, because of the cumulative nature of the City's zoning ordinance, portions
of the Property that are currently zoned `C" Medium Density Multifamily `CR Low Density
Multifamily or `B" Two-Family can be developed with single family homes on 5,000 square
feet or larger lots consistent with the proposed A 5" zomng;
WHEREAS, rezoning of the Property to A 5" is scheduled to be considered by the
Zoning Commission on August 11 2004 and could be heard by the City Council on September
14 2004
WHEREAS, the City Council anticipates that prehmmary plats, Unified Residential
Development site plans, applications for building permits, certificates of occupancy and other
development permits for. the development of portions of the Property may be filed during the
period m which the rezoning applications are pending;
WHEREAS it appears necessary to apply restrictions on acceptance of preliminary
plats, Unified Residential Development site plans, applications for building permits, certificates
of occupancy and other development permits for development of the Property in a manner
inconsistent with the proposed A 5" One-Family Residential zomng for 90 days m order to
protect against potential adverse impacts on the health, safety and public welfare and to maintain
the status quo pending proposed rezoning of the Property to A 5" One-Family Residential,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, AS FOLLOWS
SECTION 1 Intent
A. It is the intent of this ordinance to limit temporarily except as otherwise provided
herein, the acceptance of preliminary plats, Unified Residential Development site
plans, applications for building permits certificates of occupancy and all other
development permits for the Property m order to maintain the status quo pending
consideration of rezoning the Property to A 5" One-Family Residential.
2
B It is recognized that those portions of the Property that are currently zoned `C"
Medium Density Multifamily `CR Low Density Multifamily or `B" Two-Family
Residential can be developed consistent with A 5" zoning because of the cumulative
nature of the zoning ordinance. Accordingly the moratorium does not extend to
development of such tracts consistent with A 5" zoning.
C. The intent of this ordinance is to promote the orderly development of the Crty of Fort
Worth and to protect the public health, safety and general welfare of the citizens of
the Crty of Fort Worth. It is not the intent of this ordinance to deny development
rights protected by law
D Further it is the intent of the City to address the proposed rezoning of the Property to
A 5" One-Family Residential m accordance with the 2004 Comprehensive Plan m
an expeditious manner and with due regard for the legal rights of the owners of the
Property
SECTION 2. Definitions
A. `Building permit" means any building, electrical, mechanical, plumbing or other
permit required as a prerequisite for construction or occupancy of a structure.
B `Unified Residential Development site plan means a site plan for a multifamily
development of three or more dwelling units in accordance with Section 6.506 of the
zoning ordinance.
C. `Other development permit" means any permit required for development of property
except for preliminary plats, Unified Residential Development site plans, building
permits, and final plats.
3
D Application means a preliminary plat, Unified Residential Development site plan,
application for building permit and application for other development permit.
E. `Certificate of Occupancy" means Certificate authorizing the proposed use of the
property and occupancy of any structure or building for such use, subject to
revocation by the Building Official whenever issued m error or on the basis of
incorrect information supplied, or when rt is determined that the building, structure or
property is m violation.
SECTION 3. Limitation on Acceptance of Applications
A. Except as otherwise provided herein, after the effective date of, and extending for the
duration of this ordinance, no employee, officer agent, department or commission of
the City shall accept for filing any of the following for the Property
(1) Preliminary plat;
(2) Unified Residential Development site plan,
(3) Application for building permit;
(4) Application for Certificate of Occupancy or
(4) Application for other development permit.
B Applications for development of portions of the Property currently zoned `C"
Medium Density Multifamily `CR Low Density Multifamily or `B" Two-Family
Residential m a manner consistent with A 5" One-Family Residential are not subject
to the moratorium.
C. The Development Director 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
4
application for the limited purpose of such review shall not constitute filing or
acceptance of the application. In the event the official determines 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 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
September 27 2004 at 11.59 p.m., or until the Crty Council terminates the moratorium,
whichever occurs first.
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
shall be in writing and shall be transmitted to the Office of the Crty Attorney within
ten days after receipt of notification that the application will not be accepted for
filing.
B The appeal shall be considered by the City Council within 20 days after the appeal is
received m the Office of the City Attorney unless the applicant requests a later
hearing. The Crty Council shall not release the applicant from the requirements of
this ordinance, unless the applicant first presents credible evidence from which the
City Council can reasonably conclude•
(1) Application of this ordinance to the applicant would be likely to deprive the
applicant of rights protected by law• or
5
(2) The proposed development is compatible with land uses m proximity to the
proposed development and permitting the development to proceed would not
cause adverse effects to surrounding property or be contrary to the spent and
purpose of this ordinance. If the City Council grants an appeal on this basis,
the Council shall direct staff to prepare an amendment to the comprehensive
plan.
C The City Council may take the following actions on an appeal.
(1) deny the appeal, m which case the application shall not be accepted,
(2) grant the appeal, and direct the Development Director to accept the
application for filing and processing; or
(3) grant the appeal and direct the Development Director to accept the application
for filing and processing, subject to conditions necessary to ensure that the
proposed development would not cause adverse effects to surrounding
property and to carry out the spent and purpose of this ordinance.
D In no event shall acceptance of an application guarantee that the City will issue the
permit, unless the application is m compliance with all applicable codes, laws and
regulations.
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 m accordance with
applicable policies and procedures and shall not be affected by the enactment of this ordinance.
6
SECTION 7 Cumulative Effect
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
Crty 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 penod dunng
which this ordinance is m effect.
SECTION 8. 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 ~unsdiction, such
voidness, ineffectiveness or 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 Crty Council without the incorporation herein of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 9 Effective Date
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY
C~~~~' ~-~-c--oL..
Assistant Crty rney
ADOPTED ~-'' ~ ~ ~~
EFFECTIVE ~ 1 ~ ~ I ~, ~~~
z
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 7/13/2004 Ordinance No. 16036
DATE Tuesday July 13 2004
LOG NAME 12COMOMORATOR REFERENCE NO G-14431
SUBJECT
Adoption of Moratorium of Acceptance of Applications for Development of Property South of Camp
Bowie Boulevard West of Lake Como Park, North of Vickery Boulevard and East of Bryant Irvin
Road
RECOMMENDATION
It is recommended that if the City Council approves Mayor and Council Communication G-14430 the City
Council adopt the attached ordinance which would establish a 90-day moratorium on the acceptance of
concept plans, preliminary plats, Unified Residential Development site plans, applications for building
permits and certificate of occupancy or other development permits for certain property located south of
Camp Bowie Boulevard west of Lake Como Park, north of Vickery Boulevard and east of Bryant Irvin Road
in accordance with the 2004 Comprehensive Plan
DISCUSSION
Certain property south of Camp Bowie Boulevard west of Lake Como Park, north of Vickery Boulevard and
east of Bryant Irvin Road is designated for single-family residential development in the 2004
Comprehensive Plan but is zoned for two-family multi-family or commercial uses. The property is
described in Attachment A to the attached ordinance as identified as single-family land use without
appropriate zoning
On the City Council's July 13 2004 agenda is Mayor and Council Communication (M&C) G-
14430 Approval of that M&C would authorize the City Manager to initiate rezoning of the property in
question to A-5° One-Family Residential which would permit development of one-family residential
dwellings on lots with areas of 5 000 square feet or greater and other uses such as churches and schools,
but would prohibit two-family multi-family commercial and industrial development.
The attached ordinance would enact a 90-day moratorium on the acceptance of concept plans, preliminary
plats, Unified Residential Development site plans, and applications for building permits certificates of
occupancy or other development permits for the development of the property in order to maintain the status
quo pending consideration of rezoning of the property Applications to develop portions of the property in a
manner consistent with A 5" zoning would be exempt from the moratorium, In addition the attached
ordinance exempts applications for development permits filed before enactment of the moratorium
The ordinance also provides for a right to appeal to a refusal to accept a development application to the City
Council.
This property is located in COUNCIL DISTRICT 7
T.(lanamP. 1 ~f nMf1Mt7R AT(1R PaaF+ t .,f 7
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers
FROM Fund/Account/Centers
Submitted for City Manager's Office b~ Libby Watson (6183)
Originating Department Head. David Yett (7623)
Additional Information Contact: Sarah Fullenwider (7619)
T,nunamP• 1 ~C:f~MnM('1R AT(1R U~rto ~ ..~