HomeMy WebLinkAboutOrdinance 14868~~ ORDINANCE NO. ~ °U lp~
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AN ORDINANCE ADOPTING A MORATORIUM ON ACCEPTANCE OF
CONCEPT PLANS, PRELIMINARY PLATS AND APPLICATIONS FOR
BUILDING PERMITS AND OTHER DEVELOPMENT PERMITS FOR
PROPERTIES LOCATED TN THE VICINITY OF THE WESTERN
SHORE OF LAKE ARLINGTON, SOUTH OF THE 6100 BLOCK OF
RAMEY AVENUE, EAST OF THE 2800-5300 BLOCKS OF INTERSTATE
LOOP 820 AND NORTH OF INTERSTATE 20, PENDING
CONSIDERATION OF REZONING OF SUCH PROPERTIES;
PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 16, 2001, the City Council approved Mayor and Council
Communication ~G-13131 authorizing the Crty Manager to mihate rezoning of properties located
m the vicinity of the western shore of Lake Arlington, south of the 6100 block of Ramey
Avenue, east of the 2800-5300 blocks of Interstate Loop 820 and north of Interstate 20 (the
"Property") to "A-5" One-Family Residential or a more restractive one-family residential distract;
WHEREAS, the City Council enacted Ordinance No 14491 on January 16, 2001,
establishing a 120-day moratorium on the acceptance of concept plans, preliminary plats,. Unified
Residential Development site plans, and applications for building permits and other development
permits for the development of the Property, except applications to develop property zoned
multi-family or two-family m accordance with "A-5" One-Family Residential standards,
WHEREAS, on March 14, 2001 the Zoning Commission continued the hearang on the
Property until May 9, 2001 to allow for further study and to give City staff additional lime to
contact all property owners affected by the proposed rezoning of the Property;
WHEREAS, the Crty Council enacted Ordinance No 14611 on May 5, 2001 extending
the moratorium to June 22, 2001,
WHEREAS, on May 9, 2001, the Zoning Commission recommended that rezoning of
Areas 7, 12, 13, 14, 21 and 25 of the Property be denied and continued consideration of the
remainder of the Property until August 8, 2001,
WHEREAS, on June 12, 2001 the Crty Council upheld -the Zoning Commission's
recommendation and denied the request to rezone Areas 7, 12, 13, 14, 21 and 25,
WHEREAS, the City Council enacted Ordinance No 14668 on June 19, 2001, extending
the moratorium to September 21, 2001,
WHEREAS, on August 8, 2001, the Zoning Commission recommended rezoning Areas
1, 2, 3, 8, 9, 11, 16, 18, 19, 20, 22, 23, 24, 26, 27 and 28 and recommended denial of rezoning of
Areas 4, 5, 6, 10, 15 and 17,
WHEREAS, on September 18, 2001, the City Council continued consideration of the
case to November 13, 2001,
WHEREAS, on November 13, 2001, the City Council agreed with the recommendation
of the Zoning Commission and approved the rezoning of Areas 1, 2, 3, 8, 11, 16, 18, 19, 20, 22,
23 and 28 to "A-5", "A-7.5" or "A-10" One-Family Residential and denied the rezoning of Areas
4, 5, 6, 26 and 27,
WHEREAS, the City Council continued Area 24 to November 20, 2001, and Areas 9,
10, 15 and 17 to February 12, 2002,
WHEREAS, the City Council approved the rezoning of Area 24 to "A-5" One-Family on
November 20, 2001,
WHEREAS, Area 9 is currently zoned "E" Neighborhood Commercial, Area 10 is zoned
"B" Two-Family, Area 15 is zoned "IP" Industrial Park and Area 17 is zoned "J" Medium
Industrial,
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WHEREAS, Area 9 is proposed to be rezoned to "A-5" One-Family and Areas 10, 15
and 17 are proposed to be rezoned to "A-10" One-Family;
WHEREAS, the City Council anticipates that concept plans, preliminary plats, and
applications for building permits and other permits for the development of Areas 9, 10, 15 and 17
maybe filed during the period in which the rezoning applications are pending;
WHEREAS, it appears necessary to apply restrictions on acceptance of concept plans,
preliminary plats, and applications for building permits and other permits for the development of
Areas 9, 10, 15 and 17 in a manner inconsistent with the proposed zoning until February 22,
2002, in order to protect against potential adverse impacts on the health, safety and public
welfare and to maintain the status quo pending proposed rezoning of such property;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, A5 FOLLOWS:
SECTION 1. Intent
A. It is the intent of this ordinance to limit temporarily, except as otherwise provided herein,
the acceptance of concept plans, preliminary plats and applications for building permits
and all other development permits for Areas 9, 10, 15 and 17, as described in Attachment
"A" and depicted on Attachment "B" attached and incorporated herein, m order to
maintain the status quo pending consideration of rezoning Area 9 to "A-5" One-Family
Residential and Areas 10, 15 and 17 to "A-10" One-Family Residential.
B It is recognized that Area 10 is currently zoned "B" Two-Family Residential and can be
developed consistent with the proposed "A-10" One-Family Residential zoning because
of the cumulative nature of the zoning ordinance. Accordingly, the moratorium does not
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extend to development of Area 10 consistent with "A-10" or more restrictive one-family
zoning regulations.
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, it is the intent of the City to address the proposed rezoning of Tracts 9, 10, 15
and 17, in 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 change of use
permit precedent to obtaining a certificate of occupancy or occupying property;
B "Other development permit" means any permit required for development of property,
except for concept plans, preliminary plats, building permits, and final plats.
C "Application" means a concept plan, prehmmary plat, application for building permit and
application for other development permit.
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 areas described on Attachments
"A" and "B" as Areas 9, 10, 15, and 17,
(1) Concept plan,
(2) Preliminary plat;
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(3) Application for building permit; or
(4) Application for other development permit.
B Applications for development of Area 10 consistent with "A-10" One-Family or more
restrictive one-family residential regulations are not subject to the moratonum.
C The Development Director, building official, or other city official responsible under city
regulations for reviewing an application, as defined herein, for Areas 9, 10, 15 and 17
shall determine whether the application is subject to the moratonum. Acceptance of an
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
moratonum, 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
February 22, 2002, at 11 59 p.m., or until the Crty Council terminates the moratonum m whole
or part, 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 Crty Council. The appeal shall
be m wasting 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.
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B The appeal shall be considered by the City Council within 20 days after the appeal is
received in the Office of the City Attorney, unless the applicant requests a later heanng.
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 application of this ordinance to the applicant would be likely to
deprave the applicant of nghts protected by law
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, or
(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.
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
applicable policies and procedures and shall not be affected by the enactment of this ordinance.
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, in which event such
conflicting provisions of such ordinances and Code are hereby suspended for the penod dunng
which this ordinance is in effect.
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SECTION 8. Severabilit_y
It ns hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and, of 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 ~unsdnctnon, such
voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this ordinance, snnce 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.
APPROVED AS TO FORM AND LEGALITY:
AssYnstant Crty Attorney
Adopted and Effective / ~ R~~>-r'~ a-c~ , ~ 0 I
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ATTACHMENT "A"
LAKE ARLINGTON PROPERTIES PROPOSED FOR REZONING
FROM "J, IP, AND E"
TO APPROPRIATE. ONE-FAMILY RESIDENTIAL DISTRICTS
Tract Addition Blocks, Lots or Tra_c#s ___
9 _
Melody Oaks Addition Blk A Lot 1, 18, 19
_ _
_
10 Daniel, James W Survey A 395 3G, 3F01, 3E, 3D, 3, 1A, 2, 3A02.
15 Daniel, James W Survey Abst 395 Trs 3A, and 3A3
17 Daniel, James W Survey A 395 Trs 6, 6A, 6B, 10A1, 11A
ATTACHMENT "B"
LAKE ARLINGTON
Current Zoning of Properties
Proposed for Rezoning to
"A-5", and "A-10" One-Family Districts
J
O
O B
B mil' 1
~iD
E
0
A
Legend
Residential
® Commercial
Industrial
Lake Arlington
:~ ~,_ w ~,
Current Recommended ': ,Total -:
~
Tract ~~ F ~ "K~
Zonin'' ~ fy +Net
~ c~zonin ~' -,;i F ,
Acres"e~'
94: - E A-5 0.8
10~ '<:- B A-10 183.4
17 ~' J A-10 32.8
Total 225.0
N
W E
FORT WORTH
s ~~~
Planning Department (11/20/01)
City of Fort Worth, Texas
Mayor and Council
Communication
DATE REFERENCE NUMBER LOG NAME PAGE
11/20/01 G-13443 12LAKE 1 of 2
SUBJECT ADOPTION OF MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR
DEVELOPMENT OF CERTAIN PROPERTY IN THE VICINITY OF THE WESTERN
SHORE OF LAKE ARLINGTON, SOUTH OF THE 6100 BLOCK OF RAMEY AVENUE,
EAST OF THE 2800-5300 BLOCKS OF INTERSTATE LOOP 820, AND NORTH OF
INTERSTATE 20
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance which would establish a 95-day
moratorium expiring February 22, 2002, on the acceptance of concept plans, preliminary plats, and
applications for building permits or other development permits for certain property located generally
along and near the western shore of Lake Arlington, south of the 6100 block of Ramey Avenue, east of
the 2800-5300 blocks of Interstate Loop 820, and north of Interstate 20
DISCUSSION
Adoption of the attached ordinance would establish a moratorium on five remaining areas in the vicinity
of Lake Arlington pending further consideration by the City Council of rezoning the property The City
Council has previously rezoned some tracts in the area and denied rezoning requests for certain other
tracts
On January 16, 2001 (M&C G-13131), the City Council began the process of rezoning the Lake
Arlington area by authorizing the City Manager to initiate rezoning of certain property (the Property) to
"A-5" One-Family Residential or a more restrictive one-family residential district.
On January 16, 2001 (M&C G-13132), the City Council also adopted Ordinance No 14491 establishing
a 120-day moratorium on the acceptance of applications for development of the Property in order to
maintain the status quo pending consideration of rezoning the Property, except for permits to develop
property currently zoned for multi-family or two-family use in accordance with "A-5" One-Family
standards
On March 14, 2001, at their regularly scheduled meeting, the Zoning Commission continued the
hearing on the Property until May 9, 2001 to allow for further study, and to give City staff additional time
to contact all property owners affected by the proposed rezoning of the Property
On May 5, 2001 (M&C G-13225), the City Council adopted Ordinance No 14611 extending the
moratorium until June 22, 2001
On May 8, 2001, the Zoning Commission recommended denial of the rezoning of areas 7, 12, 13, 14, 21,
and 25 On June 12, 2001, the City Council upheld the Zoning Commission's recommendation and
denied rezoning of these properties
Also on May 8, 2001, the Zoning Commission continued consideration of the remainder of the Property
to August 8, 2001
On June 19, 2001 (M&C G-13279), the City Council adopted Ordinance No 14668 extending the
moratorium until September 21, 2001
City of Fort Worth, Texas
Mayor and Council
Communication
DATE REFERENCE NUMBER LOG NAME NAVt
11 /20/01 G-13443 12LAKE 2 of 2
SUBJECT ADOPTION OF MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR
DEVELOPMENT OF CERTAIN PROPERTY IN THE VICINITY OF THE WESTERN
SHORE OF LAKE ARLINGTON, SOUTH OF THE 6100 BLOCK OF RAMEY AVENUE,
EAST OF THE 2800-5300 BLOCKS OF INTERSTATE LOOP 820, AND NORTH OF
INTERSTATE 20
On August 8, 2001, the Zoning Commission recommended approval of the rezoning of areas 1, 2, 3, 8,
9, 11, 16, 18, 19, 20, 22, 23, 24, 26, 27 and 28, and recommended denial of the rezoning of areas 4, 5,
6, 10, 15 and 17 On September 18, 2001, the City Council continued consideration of the case to
November 13, 2001
On November 13, 2001, the City Council upheld the Zoning Commission's recommendation of approval
of the rezoning of areas 1, 2, 3, 8, 11,16, 18, 19, 20, 22, 23 and 28 The City Council upheld the
Zoning Commission's recommendation to deny rezoning of areas 4, 5, and 6 Areas 26 and 27 were
also denied for rezoning Area 24 was continued until the next regularly scheduled City Council
meeting on November 20, 2001, and Areas 9, 10, 15 and 17 were continued until February 12, 2002,
for further consideration Areas 9, 10, 15, 17 and 24 are described in Attachment "A", and depicted on
the map attached as Attachment "B" to the ordinance
Area 9 is currently zoned "E" Neighborhood Commercial Areas 10 and 24 are zoned "B" Two-Family
Area 15 is zoned "IP" Industrial Park, and Area 17 is zoned "J" Medium Industrial Areas 9 and 24 are
proposed to be rezoned to "A-5" Areas 10, 15 and 17 are proposed to be rezoned to "A-10" Adoption
of the attached ordinance would enact a 95-day moratorium until February 22, 2002 on the acceptance
of concept plans, preliminary plats, and applications for building permits or other development permits
for property in Areas 9, 10, 15, 17 and 24, except for one-family residential development of Area 24
consistent with "A-5" or more restrictive one-family residential development, and one-family residential
development of Area 10 consistent with "A-10" or more restrictive one-family residential development.
The purpose of the moratorium is to maintain the status quo pending consideration of rezoning of the
property
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds.
CB k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Charles Boswell 8511
Originating Department Head:
David Yett 7606 (from) APPROVED 11/20/01
City of Fort Worth, Texas
Mayor and Council
Communication
DATE
11 /20/01 REFERENCE NUMBER
G-13443 LOG NAME
12LAKE PAGE
3 of 2
SUBJECT ADOPTION OF MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR
DEVELOPMENT OF CERTAIN PROPERTY IN THE VICINITY OF THE WESTERN
SHORE OF LAKE ARLINGTON, SOUTH OF THE 6100 BLOCK OF RAMEY AVENUE,
EAST OF THE 2800-5300 BLOCKS OF INTERSTATE LOOP 820, AND NORTH OF
INTERSTATE 20
012D.# 14868
Additional Information Contact:
David Yett 7606