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HomeMy WebLinkAboutOrdinance 13487ORDINANCE NO. 13 AN ORDINANCE ADOPTING A MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY FOR CERTAIN COMMERCIAL AND INDUSTRIAL USES ON THE EAST SIDE OF EIGHTH AVENUE FROM MAGNOLIA AVENUE TO BERRY STREET; ESTABLISHING AN APPEALS PROCEDURE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Eighth Avenue from Berry Street north to Magnolia Avenue is adjacent to residential neighborhoods, including Ryan Place and Fairmount; ' WHEREAS, Eighth Avenue is a primary entryway into the Ryan. Place and Fairmount neighborhoods; WHEREAS, a substantial part of the property on the east side of Eighth Avenue is zoned "I" Light Industrial and is immediately adjacent to property zoned "A" Single- Family and "B" Two-Family; WHEREAS, the Comprehensive Plan of the City of Fort Worth provides that Eighth Avenue should be developed for commercial uses, WHEREAS, development of the property on the east side of Eighth Avenue for industrial uses or for intensive commercial uses could be detrimental to the adjacent residential areas, WHEREAS, the Planning and Growth Management Department and the Development Department are in the process of evaluating Eighth Avenue from Berry. Street to Magnolia Avenue, with regard to current and potential land uses and their impact on adjacent residential areas, and WHEREAS, it is anticipated that completion of the analysis of land uses on Eighth Avenue 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 120 days, and WHEREAS, it is likely that the City's ability to address issues relating to development of Eighth Avenue between Berry Street and Magnolia Avenue will be compromised if the City permits industrial development or intensive commercial development in this area before the study is completed and methods to address these issues are adopted and implemented, and WHEREAS, the City Council anticipates that applications for building permits and/or certificates of occupancy for industrial and intensive commercial uses along Eighth Avenue may be filed within the 120-day period, and WHEREAS, it appears necessary to apply restrictions on acceptance of applications for building permits and certificates of occupancy for industrial and intensive commercial uses along the east side of Eighth Avenue between Berry Street and Magnolia Avenue for 120 days in order to protect the area against potential adverse 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. Intent A. It is the intent of this ordinance to limit temporarily, except as otherwise provided herein, the acceptance of applications for building permits and certificates of occupancy for construction, establishment or expansion of industrial and intensive commercial uses, as defined below, along the east side of Eighth 2 Avenue between Berry Street and Magnolia Avenue, in anticipation of completion of an analysis of land use 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 land uses along Eighth Avenue, to adopt and implement methods to address such issues in an expeditious manner, and to consider any appeals relating to development of industrial and intensive commercial uses in this area during the term of this ordinance SECTION 2. Definitions A. "Building permit" means any building, electrical, mechanical, plumbing or change of use permit precedent to obtaining a certificate of occupancy B "Eighth Avenue corridor" means the property on the east side of Eighth Avenue between Berry Street and Magnolia Avenue, as more specifically described on Exhibit A attached and incorporated herein C "Industrial use" means a use allowed only in the "I" Light Industrial, "J" Light Industrial, or "K" Heavy Industrial districts. D "Intensive commercial use" means a use allowed only in the "F-R", "F" or "G" Commercial districts. "Intensive commercial use" does not include uses allowed in the "E-R" Restricted Commercial or "E" Commercial districts, which are not subject to this moratorium 3 SECTION 3. .imitation on Acceptance of A,_,.pplications 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 an application for a building permit or certificate of occupancy to construct, establish or expand industrial or intensive commercial uses on property located in the Eighth Avenue corridor B The Director of Development, building official, or other city official responsible under city regulations for reviewing applications for building permits or certificates of occupancy in the Eighth Avenue corridor 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 it, 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 shaA continue in effect until October 14, 1998 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 for a building permit or certificate of occupancy, the 4 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 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 industrial or intensive commercial 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 5 surrounding property and to carry out the spirit and purpose of this ordinance D In no event shall acceptance of an application for a building permit or certificate of occupancy to construct, establish or expand an industrial or intensive commercial use guarantee that the City will issue the permit or certificate of occupancy, unless it is in compliance with all applicable codes, laws and regulations SECTION 6. Not Applicable to Pendin Applications This ordinance does not apply to applications for building permits or certificates of occupancy 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 s 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 be in full force and effect from and after its passage, and it is so ordained APPROVED AS TO FORM AND LEGALITY: GZJ~~-~ ~ A sistant City Attorney DATE J ~.~ ~ (~ t g g 8 ADOPTED ~ ~- I ~ - I ~ g g EFFECTIVE ~ ~~'--- l ~ , ' ~ g 7 ~ ~, .i ~ ~ A ~ ~ A 1 2 TORIUM REA g ~ ~ +"~~~ ~ r f c ` ~ ~ u r r 9 ~ ~ t ~ ' r~ ~ q ~ ~M p ~ ~ - ~ E ~ ~ L ~ ~ ~ I ~ r ~ ~ ~ ~ ~ w I~ ~ ~ ~ ~s~ ~R ~ ~ ~ ~ ~ ' i ~ ~ ~~ ~ ~ ~I ~ ~ ~ ~ ~ r ~ G ~ , ~ i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ j ~ ~ ~ / '~ i F~ 3 ' , r~anrnng ana ~rowtn Management Department (PD) 6/15/98 1" = 1,000' MORA2.WOR