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Home My WebLink AboutOrdinance 1449101-17-01 A10 55 IN ORDINANCE NO ~ L/ 4l ~~ AN ORDINANCE ADOPTING A MORATORIUM ON ACCEPTANCE OF CONCEPT PLANS, PRELIMINARY PLATS, UNIFIED RESIDENTIAL DEVELOPMENT SITE PLANS, AND APPLICATIONS FOR BUILDING i PERMITS AND OTHER DEVELOPMENT PERMITS FOR CERTAIN PROPERTIES LOCATED 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, 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-13131 authorizing. the City Manager to initiate rezoning of certain properties located 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 (the "Property") to "A-5" One-Family Residential or a more restrictive one-family residential district 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 industrial use, commercial use, multifamily use, two-family residential use or manufactured housing, respectively; WHEREAS, "A-5" One-Family Residential allows development of single-family residential dwellings on lots 5,000 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 industrial, commercial, multifamily, two-family residential or manufactured housing 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 or "B" Two-Family can be developed for single family homes on 5,000 square feet or larger lots consistent with "A-5" zoning, WHEREAS, rezoning of the Property is scheduled to be considered by the Zoning Commission on March 14, 2001, and could be heard by the City Council on April 10, 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 appears necessary 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 "A-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; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS 2 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 quo pending consideration of rezoning the Property to one-family residential B It is recognized that those portions of the Property that are currently zoned "C" Medium 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 ordinancelis 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 the Property 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 3 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 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. 4 B Applications for development of portions of the Property currently zoned "C" Medium Density Multifamily or "B" Two-Family Residential in 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 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 16, 2001, at 11 59 p m , or until the City 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 5 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 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 6 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 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 ~~~~~~ Assistant City Attorney ADOPTED ~P~~O`^^~~ t ~ , ~ oo t EFFECTIVE c1 Q~~nnww~ t L , ~OOI 7 ATTACHMENT "A" LAKE ARLINGTON PROPERTIES PROPOSED FOR REZONING FROM "J","I","IP","E","FR","C","B" AND "MH" TO APPROPRIATE ONE-FAMILY RESIDENTIAL DISTRICTS nnrnTinN BLOCKS. LOTS OR TRACTS Center of Metro Addition All of Block 1 Creary, J A. Survey, A-269 Tracts 9C, 10B, 11 C, 12C Daniels, J W Survey A-395 Tracts 1A, 2, 3A, 3A1, 3A2, 3A3, 3D, 3E, 3F, 3F1, 3G, 6, 6A, 66, 7, 7B, 7C, 7D, 8, 9, 9A, 9D, 9D1, 9E, 9E1, 9F 10 10A1 11A Handley Heights South Addition Block 1, Lots 2A, 2B, 3C, 3A, 36, 3C, 3D,3E, 3F, 4A, 4B, 4C, 4D, 4E, 4F Block 2, Lots 1, NPT LOTS 6A, 7, All of Lots 8A, 8B, 9A, 96, 10N Block 3, Lots 8, 9A, 9B,9C Block 4 Lots 36.4 5 N.Pt. 6 7 8B Henco Hei hts Addition All of Block 1 Lake Park Estate Addition All of Blocks E F Melod Oaks Addition Blocks A B C D E F Sandy Acres Addition Blocks AR, BR, CR, DR Strickland, David Survey A-1376 Tracts 21, 24A1, 24A, 24B, 25B, 5C, 25D 26A PT 26. Sun Valley Addition All of Blocks 1, 2, 3, 4, 5, 6, 7, 8, Block 9, Lots 2 thru 5, AI I of Blocks 10, 11, 12, 12, 13 ATTACHMENT "B" LAKE ARLINGTON Current Zoning of Properties Proposed for Rezoning to Appropriate One Family Districts lilt ;~' -~ fiw ~_~~ ~ ~- 6 I ~~ I l~-, ,~~.~- I'"ll .- ~..Lt~ ' `~ uLl iTj I } ~~r_-~,~i iTirm-, 1 ,~]If' i ~,~~ ~ 1111.E -l~~J ,~~"1~ U-a~ I ame~ iJQV,~jY~ LL IiI_Tlll~ i'ljljt~ ~-- r ~uw:wJlliL~ 11 i„ ~ ..~~ ~ -~nl .. 'i ~j ~~1~m~~~~ LI ~~~ ~ s 'dYECII. I ImI I~L11u~~~lill ~~~ o I ~ , 7~~ I.. I.. J I _ lJ.l._WJ u.' ~"! I ~'.CfLL_T. L LL ~_ `~--~ "'." _ _ __ ~ ~, ~ r - _ ~, i ~ ~ I ~{~~~i FTfh1 LLCC11f1~~I~CVf ® r- _~~ IJ _ ~t~_ 11 LILl.I_L.1Ji ~ ...i . I .. "I~{~{~Ti~llT- ~ ~I .~ I IL_ _ ~~I I~ I~nrnny.WiuJIl7ll1'i~=. -... j°~ - -'~ IfT II I- I` n ~ _ EEEftTtlfn ~I~~~ __ ~ = -- ~ / ~'~,\ I- I r--, r~ ~ y c~ 1 IJ J _1 I_.L JL l.i_ II~~ ~ l ~ ~ , ~ E. Berr~_S~ ~ o~ _ III -B-~ _ _. _ - ,.~ ~ ~ t.l ~~ ~~ ~ ~ L~ ~ - .~~ v ~ ~ kIL ~ - ~~, o - - E FR Zoning District Classifications .. -~--~--z _ t~~ - J ~ ~ ~ ~ -" ^ ~~ Residential ~, ~ ~ _ _ ~ II "B" Two-Family District ~Martln ~t~ r,,.. "C" Mult-Family District t ~ _ ~ "MH" Manufactured Housing District 1L' I'I _ ~ _ ', _~ f~ I ~ ` ! ~~"~~ ~ ~ Non-Residential f '~~ _ , ' ~_ .:.... \ ~ ~~ ~ `' "E" Neighborhood Commercial District ~~~~~~~~ ~- I "FR" General Commercial Restricted District ~....I[1TfTIIC1lJ I r If _ ~ ~, ll~r t 1 I r~ _ - _ - j- - - "l.. Light Industrial District ,[ ~ ~ II~~1~11 0 ~ ° f', - "J" Medium Industrial District .1.1.11 ~ ifff[C~Illl~fr(~~t~T~TlI[U _ -L _ _~ ,~ - City of Fort Worth, Texas ~1~A~o~ And Council Cain~nun~cAt~an DATE REFERENCE NUMBER LOG NAME PAGE 1 1/16/01 G-13132 22SHORE 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 If the City Council has approved Mayor and Council Communication G-13131, 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 property located generally along and near the western shore of Lake Arlington DISCUSSION 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 is designated for Single-Family residential development in the 2000 Comprehensive Plan, but is zoned for Industrial, Commercial, Multi-Family, Two-Family or Manufactured Housing uses The property is further described in Attachments "A" and "B" of the attached ordinance On the City Council's January 16, 2001 agenda is Mayor and Council Communication (M&C) G-13131 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 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-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 provides for a right to appeal refusal to accept a development application to the City Council City of Fort Worth, Texas ~11~Ayar And aunc~l ammun~cAt~ian C C DATE 1/16/01 REFERENCE NUMBER G-13132 LOG NAME 22SHORE PAGE 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 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) Ramon Guajardo 6140 ~ rll~ V ~ D Originating Department Head: ' i A ' ~~ COUNCIL ~~~ Fernando Costa 8042 (from) .1qN 16 2001 ~EXN/B/TS ~O/ID/N,gNcE~ Additional Information Contact: ~ l X" ~~..~ f GitgSecretar~ o'' >~ Marcella Olson 7631 } ~ Citp of Foc* ~-sr,,, Adopted Qrd~nanc~ i!~ss.1..,