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HomeMy WebLinkAboutOrdinance 13486ORDINANCE NO. _ 13 u S w AN ORDINANCE ADOPTING A MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR BUILDING PERMITS FOR TWO- FAMILY AND MULTI - FAMILY DWELLINGS AND FOR ZONING CHANGES TO TWO - FAMILY AND MULTI - FAMILY ZONING CLASSIFICATIONS IN THE MONTICELLO, NORTH HI- MOUNT, CRESTLINE, ARLINGTON HEIGHTS, WESTRIDGE, BYERS WEST AND CULTURAL DISTRICT NEIGHBORHOODS; ESTABLISHING AN APPEALS PROCEDURE; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, certain neighborhoods west of the Central Business District (defined below and on the attached maps as the "Westside Neighborhoods ") are developed primarily with single - family homes, but contain areas that are zoned "B" Two- Family or "C -R ", "C" or "D" Multi - Family; and WHEREAS, the "B" Two - Family zoning designation permits two- family dwellings, as well as single - family dwellings, and WHEREAS, the "C -R ", "C ", and "D" Multi - Family zoning designations permit two- family and multi - family dwellings, as well as single - family dwellings; and WHEREAS, construction of two- family and multi - family dwellings in areas that are primarily developed with single - family homes may adversely affect neighborhood character and stability and may adversely impact property values, and WHEREAS, the Planning and Growth Management Department and the Development Department are in the process of evaluating the relationship between residential zoning designations and residential land uses in the Westside Neighborhoods, and ti WHEREAS, an ad -hoc committee composed of members of the City Council, the Zoning Commission, and the Plan Commission has been formed to analyze residential zoning issues in the City and to suggest methods to address issues of compatibility, preservation of neighborhood character and property values, and other issues arising from residential development; and WHEREAS, it is anticipated that completion of the analysis of residential zoning issues by the Planning and Growth Management Department and the Development Department, and adoption and implementation of methods to address such issues, could reasonably be concluded within 180 days, and WHEREAS, it is likely that the City's ability to address issues relating to development of two- family and multi - family dwellings in the Westside Neighborhoods will be compromised if the City permits development of additional two- family and multi- family dwellings before methods to address these issues are adopted and implemented, and WHEREAS, the City Council anticipates that applications for building permits for the construction or expansion of two- family and multi - family dwellings in the Westside Neighborhoods, and applications to rezone property to "B" Two - Family, "R -1" Residential or "R -2" Residential, or "C -R ", "C ", "D ", "D -HR1" or "D -HR2" Multi - Family in the Westside Neighborhoods, may be filed within the 180 -day period, and WHEREAS, it appears necessary to apply restrictions on acceptance of applications for building permits for two- family and multi - family dwellings, and applications to rezone property to "B" Two - Family, "R -1" Residential or "R -2" Residential, or "C -R ", "C ", "D ", "D -HR1" or "D -HR2" Multi - Family, in the Westside Neighborhoods for 180 days in order to protect the area against potential adverse 2 impacts on the health, safety and public welfare of its residents and to maintain the status quo pending action by the City Council as outlined above, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS- SECTION 1. Inten A. It is the intent of this ordinance to limit temporarily, except as otherwise provided herein, the acceptance of applications for building permits for construction or expansion of two- family and multi - family dwellings, as defined below, and applications seeking approval of "B" Two - Family zoning, "R -1" Residential or "R -2" Residential zoning, or "C -R ", "C ", "D ", "D -HR1" or "D -HR2" Multi - Family zoning in the Westside Neighborhoods, as defined below, in anticipation of completion of an analysis of residential zoning and development issues and adoption and implementation of methods to address such issues. 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 B It is the further intent of the City to analyze residential zoning and development issues in the Westside Neighborhoods, to adopt and implement methods to address such issues in an expeditious manner, and to consider any appeals relating to development of two- family and multi - family dwellings in the Westside Neighborhoods during the term of this ordinance 3 SECTION 2. Definitions A. "Two- family dwelling" means a building, or portion thereof, designed exclusively for residential occupancy by not more than two (2) families, as more specifically described in Section 4 of the Comprehensive Zoning Ordinance In addition, for the purposes of this ordinance, "two- family dwelling" also includes two separate structures on the same lot or tract that are designed for residential occupancy by two (2) families, e g , a primary residence and a garage apartment or other secondary residence B "Two- family dwelling permit application" means an application for a building permit to construct or expand a two- family dwelling This term includes an application for a building .permit to expand a building, or portion thereof, designed exclusively for residential occupancy by not more than two (2) families In addition, this term includes an application for a building permit to expand a garage apartment or other secondary residence It does not include an application for a building permit to expand a primary residence located on the same lot or tract as a garage apartment or other secondary residence C "Multi- family dwelling" means a building or portion thereof, used or designed for residential occupancy by three (3) or more families D "Multi- family dwelling permit application" means an application for a building permit to construct or expand a multi - family dwelling or an application for approval of a "UR" Unified Residential Development Site Plan 4 E "Two- Family zoning application" means an application to rezone property to "B" Two - Family, "R -1 Residential or "R -2" Residential under Sections 4, 4A and 4B of the Comprehensive Zoning Ordinance, respectively F "Multi- Family zoning application" means an application to rezone property to "C -R", "C ", "D ", "D -HR1" or "D -HR2" Multi - Family under Sections 5, 6, 7, 7A and 7B of the Comprehensive Zoning Ordinance, respectively G "Westside Neighborhoods" means the area described on Exhibits A, B and C attached and incorporated herein "Westside Neighborhoods," as defined in the attached exhibits, generally includes the Monticello, North Hi- Mount, Crestline, Arlington Heights, Westridge, and Byers West neighborhoods and a portion of the Cultural District. H "Application" means a two- family dwelling permit application, a multi - family dwelling permit application, a Two - Family zoning application, or a Multi - Family zoning application SECTION 3. Limitation on Acceptance of Apnlic� tions 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 property located in the Westside Neighborhoods (1) two- family dwelling permit application, (2) multi - family dwelling permit application, (3) Two - Family zoning application, or (4) Multi - Family zoning application 5 B The Director of Development, building official, or other city official responsible under city regulations for reviewing an application, as defined herein, for property within the Westside Neighborhoods 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 of the application In the event that the official determines that 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 December 14, 1998 at 11 59 p m , or until the City Council terminates the moratorium, whichever occurs first. SECTION 5. Anneals 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 (10) days of the date of notification that the application will not be accepted for filing B The appeal shall be considered by the City Council within twenty (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 u 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 (2) The proposed two- family or multi - family 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 spirit and purpose of this ordinance 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 spirit and purpose of this ordinance D In no event shall acceptance of a two- family dwelling permit application or a multi - family dwelling permit application guarantee that the City will issue the permit, unless the permit is in compliance with all applicable codes, laws and regulations Nor shall acceptance of a Two - Family zoning application or a Multi - Family zoning application guarantee that the City Council will approve the zoning application 7 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 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 8 SECTION 9. Effective Date This ordinance shall be in full force and effect from and after its passage, and it is so ordained APPROVED AS TO FORM AND LEGALITY Assistant City Attorney DATE J 1 (1 , 19 9 8 ADOPTED EFFECTIVE 7 EXHIBIT A. LEGAL DESCRIPTION OF MORATORIUM AREA Beginning at the intersection of the centerlines of Right of Way of White Settlement Road and Bailey Avenue, Thence southeasterly along the centerline of Bailey Avenue to Arch Adams Street; Thence southerly along the centerline of Arch Adams Street to 7th Street; Thence westerly along the centerline of 7th Street to Haskell Street; Thence southerly along the centerline of Haskell Street to Clarke Avenue, Thence easterly along the centerline of Clarke Avenue to Camp Bowie Boulevard, Thence northeasterly along the centerline of Camp Bowie Boulevard to Montgomery Street; Thence south along the centerline of Montgomery Street to Calmont Avenue, Thence west along the centerline of Calmont Avenue to Clover Lane, Thence south along the centerline of Clover Lane to the northern Right of Way of Interstate 30; Thence westerly along and with the northern Right of Way of Interstate 30 to the eastern Right of Way of Westndge Avenue, Thence northerly along and with the eastern Right of Way of Westndge Avenue to the western boundary of Tract 1JJJ of Westover Ridge Addition, Thence north to the City of Fort Worth city limit boundary; Thence easterly along and with the Fort Worth city limit boundary to the centerline of Halloran Street; Thence north along the centerline of Halloran Street to Merrymount Road, Thence northeasterly along the centerline of Merrymount Road to Byers Avenue, Thence easterly along the centerline of Byers Avenue to Merrick Street; Thence north along the centerline of Merrick Street to Bryce Avenue, Thence east along the centerline of Bryce Avenue to Crestline Road, Thence northeasterly and easterly along the centerline of Crestline Road to Hillcrest Street; Thence northerly along the centerline of Hillcrest Street to 7th Street; Thence east along the centerline of 7th Street to Westview Avenue; Thence north along the centerline of Westview Avenue to White Settlement Road, Thence east along the centerline of White Settlement Road to the Point of Beginning. Exhibit A EXHIBIT C MAPS OF NEIGHBORHOODS WITHIN MORATORIUM AREA Exhibit Neighborhood C -1 Arlington Heights C -2 Byers West C -3 Crestline C -4 Cultural Distnct C -5 Monticello C -6 North Hi -Mount C -7 Westridge Exhibit C City of Fort Worth, Texas 41DVA."Orr And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 6/16/98 G -12242 12MORA 1 of 1 SUBJECT ADOPTION OF MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR DEVELOPMENT OF TWO- FAMILY OR MULTI - FAMILY DWELLINGS IN MONTICELLO, NORTH HI- MOUNT, CRESTLINE, ARLINGTON HEIGHTS, WESTRIDGE, BYERS WEST AND CULTURAL DISTRICT NEIGHBORHOODS It is recommended that the City Council adopt the attached Ordinance which would establish a 180 day moratorium on the acceptance of applications to rezone or develop two- family and multi - family housing in the following designated Westside neighborhoods. Monticello, North Hi- Mount, Crestline, Arlington Heights, Westridge, Byers West and portions of the Cultural District. 1111004 "111-11161.1, The City Council Ad -Hoc Committee on Single - Family Zoning has identified concerns about the development of two- family housing in the City of Fort Worth in certain areas of the City that are predominantly developed as single - family neighborhoods. In order to maintain the status quo concerning development of two- family and multi - family dwellings while the Committee and City Council study these issues further, it is recommended that the Council enact a moratorium on the acceptance of applications to rezone property to "B" Two - Family and "C -R ", "C ", "D ", "D -HR1" and "D -HR2" Multi - Family zoning districts and on the acceptance of applications for building permits to construct or expand two- family and multi - family projects for 180 days within the Westside neighborhoods. The attached ordinance would exempt applications for development permits filed before enactment of the moratorium It would also provide for a right to appeal refusal to accept a zoning or permit application to the City Council The Finance Director certifies that this recommendation will have no material effect on the City funds CBj Submitted for City Manager's Office by: Charles Boswell 8511 FUND ACCOUNT CENTER AMOUNT CITY SECRETARY (to) APPROVED CITY COUNCIL JUN 16 City Seor®triry of the City of Fort W orth, Texa$ Originating Department Head: Wade Adkins 7623• (from) Additional Information Contact: Wade Adkins 7623