HomeMy WebLinkAboutOrdinance 14473Ui-1Q-G1/~t;) 13 CVU
ORDINANCE NO 1' ~ y7 3
AN ORDINANCE ADOPTING A MORATORIUM ON ACCEPTANCE OF
CONCEPT PLANS, PRELIMINARY PLATS,. UNIFIED RESIDENTIAL
DEVELOPMENT SITE PLANS, AND APPLICATIONS FOR BUILDING
PERMITS AND OTHER DEVELOPMENT PERMITS FOR PROPERTIES
LOCATED SOUTH OF INTERSTATE 30 EAST, EAST AND WEST OF
THE 1700-2300. BLOCKS OF COOKS LANE, EXCEPT FOR
DEVELOPMENT PERMITS CONSISTENT WITH "A-7.5" 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-13125 authorizing the City Manager to initiate rezoning of properties located south of
Interstate 30 East, east and west of the 1700-2300 blocks of Cooks Lane (the
"Property") to "A-7 5" One-Family Residential in conformance with the 2000
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 commercial use,
multifamily use, ortwo-family residential use, respectively;
WHEREAS, "A-7 5" One-Family Residential allows development of single-family
residential dwellings on lots 7,500 square feet in area or larger, churches, schools and
other uses as set out in Section 4 603 of the zoning ordinance, but does not allow
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 7,500 square feet or larger lots consistent with the proposed "A-7 5" zoning,
WHEREAS, rezoning of the Property to "A-7 5" is scheduled to be considered by
the Zoning Commission on February 14, 2001, and could be heard by the City Council
on March 13, 2001,
WHEREAS, the City Council anticipates that concept plans, preliminary plats,
Unified Residential Development site plans, and applications for building permits and
other development permits for the development of portions of the Property may be filed
during the period in which the rezoning applications are pending,
WHEREAS, it is advisable to apply restrictions on acceptance of concept plans,
preliminary plats, Unified Residential Development site plans, and applications for
building permits and other development permits for development of the Property in a
manner inconsistent with the proposed "A-7 5" One-Family Residential zoning for 120
days 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 the
Property to "A-7 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 concept plans, preliminary plats, Unified
Residential Development site plans, and applications for building permits and
all other development permits for the Property in order to maintain the status
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-quo pending consideration of rezoning the Property to "A-7 5" One-Family
B
C
D
Residential
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-7 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-
7 5" zoning
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
c,
the citizens of the City of Fort Worth It is not the intent of this ordinance to
deny development rights protected by law
Further, it is the intent of the City to address the proposed rezoning of the
Property to "A-7 5" One-Family Residential in accordance with the 2000
Comprehensive Plan in an expeditious manner and with due regard for the
legal rights of the owners of the Property
SECTION 2 Definitions
A.
B
"Building permit" means any building, electrical, mechanical, plumbing or
other permit required as a prerequisite for construction or occupancy of a
structure
"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
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C "Other development permit" means any permit required for development of
property, except for concept plans, preliminary plats, Unified Residential
Development site plans, building permits, and final plats
D "Application" means a concept plan, preliminary plat, Unified Residential
Development site plan, 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 Property
(1) Concept plan,
(2) Preliminary plat;
(3) Unified Residential Development site plan,
(4) Application for building permit; or
(5) 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 in a manner consistent with "A-7 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
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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 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
May 9, 2001, at 11 59 p m , or until the City Council terminates the moratorium,
whichever occurs first.
SECTION 5 AEpeals
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 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 in 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 application of
this ordinance to the applicant would be likely to deprive the applicant of
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rights 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 period during 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
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1
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 jurisdiction, 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 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
~.~Q-211 (~
Assistant City Attorney
ADOPTED .....
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2 00 l
EFFECTIVE ~ aw-~ 9 2 °~ 1 '
7
ATTACHMENT "A"
COOKS LANE PROPERTIES PROPOSED FOR REZONING
FROM "E","ER","PD-E","PD-ER","E","C","CR" AND "B" TO "A-7.5"
n.l"11"11T1/'-B~ Ri nr.KS i nTS_ (7R TRACTS
/'1V VI I IVIY
Burton Place Addition ~~~- ~ -- - -' - --
Lots 26-35
Cookes Meadow Addition Block D, Lots 47-61, 63
Block F, Lots 3, 45 and 46
Block G, Lots 1-11,12-14, 19-22,
24-29B, 30
Block I Lots 2-14 60-64
Rame R.R. Surve A-1341 Tracts 30 31 and 31A
Eastbrook Addition Block 1 Lots 5 6 7 Block 9 Lot 14
Gerr Mack Addition Block 1 Lot 1
H. R. O'.Neal Subdivision Block 1 Lot 1
Johnson Enoch S. Surve- A-853 Tracts 2A06 3
Madden, C P Survey A-1012 Tracts 1, 1 L, 1 M, 1 N, 1 P, 1 P 1, 1 Q,
1R 1S
Y ATTACHMENT "B"
Current Zoning of Properties Proposed for
Rezoning to "A-7.5" One Family District
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City of Fort Worth, Texas
~1-~Ayar And Caunc~l Cainmun~cA~ian
DATE REFERENCE NUMBER LOG NAME PAGE
1 /9/01 G-13126 220RD 1 of 2
SUBJECT ADOPTION OF MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR
DEVELOPMENT OF PROPERTY SOUTH OF INTERSTATE HIGHWAY 30 EAST,
EAST AND WEST OF THE 1700-2300 BLOCKS OF COOKS LANE
RECOMMENDATION
If the City Council has approved Mayor and Council Communication G-13125, it is recommended that
the City Council adopt the attached ordinance which would establish a 120-day moratorium on the
acceptance of concept plans, preliminary plats, Unified Residential Development site plans, and
applications for building permits or other development permits for certain property east and west of the
1700-2300 blocks of Cooks Lane and south of Interstate Highway 30 East
DISCUSSION
Certain property east and west of the 1700-2300 blocks of Cooks Lane and south of Interstate Highway
30 East is designated for single-family residential development in the 2000 Comprehensive Plan, but is
zoned for commercial or multi-family uses The property is described in Attachments "A" and "B" to the
attached ordinance
On the City Council's January 9, 2001 agenda is Mayor and Council Communication (M&C)
G-13125 Approval of that M&C would authorize the City Manager to initiate rezoning of the property
in question to "A-7 5" One-Family Residential, which would permit development of one-family residential
dwellings on lots with areas of 7,500 square feet or greater and other uses such as churches and
schools, but would prohibit two-family, multi-family and commercial development.
The attached ordinance would enact a 120-day moratorium on the acceptance of concept plans,
preliminary plats, Unified Residential Development site plans, and applications for building permits or
other permits for 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 that are currently zoned for
multi-family or two-family uses in a manner consistent with "A-7 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 refusal to accept a development application to the City
Council
City of Fort Worth, ~'exas
~I~A~a~ ~n~l ~unc;l am~t~n~cA~ian
L. (:
DATE
1/9/01 REFERENCE NUMBER
G-13126 LOG NAME
220RD PAGE
2 of 2
SUBJECT ADOPTION OF MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR
DEVELOPMENT OF PROPERTY SOUTH OF INTERSTATE HIGHWAY 30 EAST,
EAST AND WEST OF THE 1700-2300 BLOCKS OF COOKS LANE
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds
RG k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Ramon Guajardo 6140 n
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Originating Department Head: v ~!I V~~~~ 3~V~~ C
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ad ~
JAN 9 2001
Fernando Costa 8042 (from)
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Additional Information Contact: ~
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Cite Secr~torq~ of the
Citq of Fort Worth
Texas
Marcella Olson 7631 ,
~'~dOpf~d t~re~ltial2.cta -~i~a 1 ~~/73