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HomeMy WebLinkAboutOrdinance 12656ORDINANCE NO. / ~ ~~W AN ORDINANCE EXTENDING A MORATORIUM ON ACCEPTANCE OF CERTAIN APPLICATIONS FOR ZONING AND DEVELOPMENT OF MULTI-FAMILY LAND USES; ESTABLISHING DEFINITIONS FOR MULTI-FAMILY LAND USES; ESTABLISHING AN APPEALS PROCEDURE; PROVIDING FOR SEVERABILITY; PROVIDING FOR EXEMPTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council adopted a 90-day moratorium bn the acceptance of applications for zoning and development of multi- family land uses on June 11, 1996 by Ordinance No 12548, WHEREAS, the City Council appointed a task force to study issues relating to density and design of multi-family dwellings, consisting of four Council members, three members of the Zoning Commission and three members of the Plan Commission WHEREAS, after conducting public hearings the task force recommended certain revisions to the Comprehensive Zoning Ordinance of the City of Fort Worth relating to zoning and development of multi-family dwellings, which were recommended for approval by the Zoning Commission on August 1, 1996 and adopted by the Council on August 13, 1996 by Ordinance No 12.628, WHEREAS, the task force is now studying methods to address issues associated with concentrations of multi-family developments and has directed City staff to .compile information relating to the areas of the City in which there are large areas of land that have been developed or could be developed for multi-family housing, WHEREAS, the moratorium will expire on September 9, 1996, unless extended by the City Council, WHEREAS, it is advisable to extend the moratorium to October 1, 1996 in order to maintain the status quo while the task force obtains and studies such information, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. Intent. (1) It is the intent of this ordinance temporarily to limit, except as otherwise provided herein, the acceptance for filing of multi-family zoning applications and applications for multi-family development permits, in anticipation of adoption of new regulations implementing policies relating to concentration of multi-family land uses It is not the intent of this ordinance to deny development rights protected by statute or constitution (2) It is the further intent of the City to enact new regulations relating to the concentration of multi-family land uses in the most expeditious manner, and to consider any appeals to establish a multi-family land use for the duration of this ordinance on the basis of criteria contained herein SECTION 2. Definitions. (1) "Multi-family dwelling" means a containing or aggregating three or more sinc (2) "Multi-family land use" means includes multi-family dwellings (3) "Dwelling" means an enclosed thereof having accommodations for only one one family building or buildings ale-family dwellings use of land which building or portion family or occupied by 2 (4) "Application for a multi-family development permit" means an application for a use or uses that includes multi-family dwellings, including an application for an area development concept plan, subdivision plat, building permit or license, certificate, approval, registration, consent, permit, or other form of authorization required by law, rule, regulation, or ordinance that must be obtained by a person in order to perform an action or initiate a project for which the permit is sought (5) "Project" shall mean an endeavor over which the City of Fort Worth exerts jurisdiction and for which a permit is required before initiation of the endeavor (6) "Multi-family zoning application" shall mean an application to zone property as "C-R", "C", "D", "D-HR1" or "D- HR2", including any plans or documents required to be submitted with such application, including but not limited to site plans SECTION 3. Limitation on Acceptance of Applications. (1) Except as otherwise provided herein, after the effective date of, and extending for the duration of this ordinance, no City employee, officer, agent, bureau, department or commission of the City shall accept for filing any multi-family zoning application or application for a multi-family development permit, except as hereinafter may be provided for (2) The Director of Development, building official or other city official responsible under City regulations for reviewing the multi-family zoning application or application for multi-family development permit shall first determine whether the multi-family 3 zoning application or multi-family development permit application is for establishment or development of a multi-family land use for which no exemption is provided pursuant to this ordinance Acceptance of a multi-family zoning application or multi-family permit application for the limited purpose of such review shall not constitute filing of the application In the event that the application is for establishment or development of a multi-family land use for which no exemption is provided pursuant to this ordinance, the official shall take no further action on the multi- family zoning application or multi-family development permit application and shall return the application, together -with any proffered application fee, to the applicant with notification that the application will not be accepted for filing or further processing for the duration of this ordinance SECTION 4. Term of Ordinance. Unless extended by the City Council, this ordinance shall continue in effect until October 1, 1996 at 11 59 p m or until the City Council terminates the moratorium, whichever occurs first SECTION 5. Appeals. (1) An applicant for a multi-family zoning application or multi-family development permit subject to this ordinance, who is aggrieved by the City's decision not to accept .such application for filing, may appeal for relief to the City Council The appeal shall be in writing and shall be transmitted to the Office of the City Attorney within ten (10) days of the date of notification 4 that the permit application will not be accepted for filing for the duration of this ordinance (2) The appeal shall be considered by the City Council within twenty (20) days of the date the appeal is received in the Office of the City Attorney 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 that the delay in processing his or her application for multi-family zoning or multi-family development permit under this ordinance is likely to substantially deprive the applicant of property rights protected by statute or constitution In making this decision, the Council may consider the nature of the use of the land proposed, other authorized uses permitted outright or conditionally under the zoning designation, whether the applicant has a vested property right in development of the land for multi-family use and the likelihood that such factors will not be adequately addressed in subsequently enacted zoning regulations If the Council determines that such potential deprivation outweighs the potential harm to the public health, safety and general welfare resulting from development of the multi-family use prior to implementation of revised policies relating to multi-family land uses and development, it may grant authorization to proceed with the application based on the following considerations (a) the suitability of the proposed multi- family land use in light of land uses allowed in 5 the zoning districts on property adjacent to the proposed site, (b) whether the proposed site is served by sufficient infrastructure to serve the development of the proposed multi-family land use, (c) the supply of multi-family dwellings in the neighborhood of the site on which the proposed multi-family land use is to be established, (d) the effect of the proposed multi-family land use on the neighborhood of the proposed site, (e) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed multi-family land use on the neighborhood of the site, and (f) the design and density of the proposed multi-family project (3) The City Council may take the following actions (a) deny the appeal, in which case the application shall not be accepted or further processed, (b) grant the appeal, and direct that the Director of Development, building official or other official responsible for reviewing the application accept the application for filing, or (c) grant the appeal subject to conditions consistent with the criteria set forth in this 6 section, and direct that the Director of Development, building official or other official responsible for reviewing the application accept the application for filing SECTION 6. Exemptions. This ordinance shall not apply to the following applications (1) any application for multi-family development permit or multi-family zoning application that was accepted for filing by the City on or before the effective date of this ordinance, (2) any subsequent application for a multi-family development permit or multi-family zoning application following approval of an initial application for a multi-family development permit that was accepted for filing by the City on or before the effective date of this ordinance, (3) any amendment to a multi-family development permit existing on or before the effective date of this ordinance, and (4) multi-family housing developments in the Central Business District, as defined in Section 12 of the Comprehensive Zoning Ordinance of the City of Fort Worth, Ordinance No 3011, as amended, as the area bounded by Bluff Street on the north, Henderson Street on the west, I-35 on the east and Vickery Boulevard on the south 7 SECTION 7. Declarations and Findings. All declarations and findings contained in the moratorium ordinance adopted by the City Council on June 11, 1996, Ordinance No 12548, and in the amendments to the Comprehensive Zoning Ordinance adopted by the City Council on August 13, 1996, Ordinance No 12628., are made a part hereof as if set out herein and shall be fully effective as part of the subject matter of this ordinance SECTION 8. 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 9. 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 8 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 10. 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: ~~~~~~- a Assistant City Attorney Date : ~- S . 1 9 9~ -~ / ADOPTED : ~. - ti ..~ ~ I ~ S!O EFFECTIVE • 3 . ~ g S ~° 9 City of Fort worth, Teacas~ Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 09/03/96 G-11594 12LAW 1 OF 2 suBJECT EXTENSION OF MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR REZONING OR DEVELOPING MULTI-FAMILY HOUSING RECOMMENDATION It is recommended that the City Council adopt the attached ordinance which would extend the moratorium on the acceptance of applications to rezone or develop multi-family housing projects from September 9, 1996 to October 1, 1996 DISCUSSION The City Council adopted a 90 day moratorium on the acceptance of applications for rezoning or developing multi-family housing on June 11, 1996. The moratorium was adopted in order to maintain the status quo while the City Council addressed problems concerning the concentration, density and design of multi-family land uses and adopted regulations to address these issues. The moratorium expires on Monday, September 9, 1996 The Council appointed a task force to study issues relating to the density and design of multi-family land uses. The task force consists of four Council members, three members of the Plan Commission and three members of the Zoning Commission. The task force met three times in June and July, 1996, and proposed amendments to the City's Comprehensive Zoning Ordinance relating to the design and density of multi- family dwellings. The Zoning Commission recommended approval of the task force's proposed amendments on August 1, 1996. The Council adopted the amendments recommended by the Zoning Commission, with the exception of proposed regulations relating to Planned Development zoning, on August 13, 1996 The Planned Development amendments are on the Council's September 3, 1996 agenda for consideration. The task force met on August 28, 1996 to begin consideration of methods to address issues relating to concentration of multi-family dwellings. The task force discussed methods to address azeas of the City in which large areas are zoned for multi-family development. The task force directed the Department of Planning and Growth Management to prepare information concerning the areas of the City in which more than 8% of the land is developed or could be developed for multi-family housing. Upon receipt and consideration of this information, the task force will consider methods to address such concentrations. The task force recommends to the Council that the moratorium on acceptance of applications for rezoning or developing multi-family housing be extended from September 9, 1996 to 11.59 p.m. on October 1, 1996. During this extended period the Planning Department will gather information concerning specific areas of the City in which there is a concentration of property which has been developed for multi-family uses or is eligible for multi-family development. Staff concurs with the task force's recommendation. City of Fort Worth Texas Mayor and Council Communication DATE 09/03/96 REFERENCE NUMBER G-11594 LOG NAME 12LAW PAGE 2 OF 2 SUBJECT EXTENSION OF MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR REZONING OR DEVELOPING MULTI-FAMILY HOUSING The next meeting of the task force is scheduled for Wednesday, September 18, 1996 The task force will discuss the information prepared by the Planning Department, and it is anticipated that the task force will propose that the moratorium on acceptance of applications for zoning or developing multi-family uses be extended for specific areas in which there is a concentration of land zoned for multi-family development, pending action by the Council to address this issue. CB:f Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by' (to)' APPROVED Chazles Boswell 8511 CITY COUNCIL Originating Department Head: 5EP ~ ~~~( (from) Q Wade Adkins 7623 ~u,~ ~~i1.t,N~e-~(~ For Additional Information of W ~~~~~~ Contact: Wade Adkins 7623 ,~ .«'; Adapted Ordlnarlce NQ,