HomeMy WebLinkAboutOrdinance 16008ORDINANCE NO '~
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 OF VICKERY BOULEVARD, WEST OF
RIVERSIDE DRIVE, NORTH OF ROSEDALE STREET AND EAST OF
INTERSTATE HIGHWAY 35 SOUTH, 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 City Council has approved Mayor and Council Communication G-
14396 authorizing the City Manager to initiate rezoning of properties located south of Vickery
Boulevard, west of Riverside Drive, north of Rosedale Street and east of Interstate Highway 35
South (the `Property") to A 5 One Family Residential m accordance with the 2004
Comprehensive Plan,
WHEREAS the Property is more fully described in Attachment A and is depicted on
the map attached as Attachment `B"
WHEREAS, portions of the Property are currently zoned for industrial use, 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 riot allow industrial, commercial or
multifamily development;
WHEREAS because of the cumulative nature of the Crty'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" zoning;
WHEREAS rezoning of the Property to A 5 is scheduled to be considered by the
Zoning Commission on July 14 2004 and could be heard by the City Council on August 10
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 dunng the
penod 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 zoning 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 in order to maintain the status quo pending
consideration of rezoning the Property to A S One Family Residential.
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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 City of Fort
Worth and to protect the public health, safety and general welfare of the citizens of
the City of Fort Worth. It is not the intent of this ordinance to deny development
rights protected by law
D Further rt 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 m accordance with Section 6.506 of the
zoning ordinance.
C `Other development permit" means any permit required for development of property
except for prehmmary plats, Unified Residentiai Development site plans, building
permits, and final plats.
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D Application means a preliminary plat, Umfied 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 in 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) Umfied 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 subaect
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
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application for the limited purpose of such review shall not constitute filing or
acceptance of the application. In the event the official determines anapplication 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 m effect until
September 13 2004 at 11 59 p.m., or until the City Council terminates the moratorium,
whichever occurs first.
SECTION 5. A eals
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 m writing and shall be transmitted to the Office of the City 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 City 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 deprave the
applicant of rights protected by law• or
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(2) The proposed development is compatible with land uses in 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 Crty 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, in 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
penmt, 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.
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SECTION 7 Cumulative Effect
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
in direct conflict with the provisions of such ordinances and such Code, m which event such
conflicting provisions of such ordinances and Code are hereby suspended for the penod dunng
which this ordinance is in 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 unconstrtutionalrty 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 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.
AP OVED AS TO FORM AND LEGALITY
Assistant Ci rrtorney
ADOPTED l~z - ~ ~`~
EFFECTIVE ~, ~ ~ .~
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City of Fort Worth, Texas
Mayor and Council Communication
~_ ~ __~ v.w ~- __~
COUNCIL ACTION Approved on 6/15/2004 Ordinance No. 16008
DATE Tuesday June 15 2004
LOG NAME 12MORATSOUTHEAS
REFERENCE NO G-14395
SUBJECT
Adoption of Moratorium on Acceptance of Applications for Development of Certain Property Located
South of Vickery Boulevard West of Riverside Drive North of Rosedale Street and East of
Interstate Highway 35 South for Uses Not Permitted in the A-5 One-Family District
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RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance which would establish a 90-day
moratorium on the acceptance of concept plans preliminary plat, Unified Residential Development site
plans applications for building permits and Certificate of Occupancy or other development permits for
certain property located south of Vickery Boulevard west of Riverside Drive north of Rosedale Street and
east of Interstate Highway 35 South in accordance with the 2004 Comprehensive Plan
DISCUSSION
Certain property south of Vickery Boulevard and west of Riverside Drive north of Rosedale Street and east
of Interstate Highway 35 South is designated for single-family residential development in the 2004
Comprehensive Plan but is zoned for multi-family commercial or industrial 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 June 15 2004 agenda is M&C G 14396 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 area of 5 000 square feet or greater and
other uses such as churches and schools but would prohibit two-family multi-family commercial or
industrial development.
The attached ordinance would enact a 90-day moratorium on the acceptance of concept plan preliminary
plats Unified Residential Development site plans and applications for building permits and Certificate 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 a refusal to accept a development application to the City
Council
Logname 12MORATSOUTHEAS Page 1 of 2
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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 bk
Originating Department Head.
Additional Information Contact:
Joe Paniagua (6191)
David Yett (7623)
Sarah Fullenwider (7619)
Logname 12MORATSOUTHEAS Page 2 of 2