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Home My WebLink AboutOrdinance 12584 ORDINANCE NO. o ~0 AN ORDINANCE AMENDING CHAPTER 25, ARTICLE VI, "HISTORIC AND CULTURAL LANDMARKS COMMISSION", OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, SEC. 25-78 AND SEC. 25-79, TO MAKE THESE SECTIONS CONSISTENT WITH SEC. 2-G OF THE COMPREHENSIVE ZONING ORDINANCE CONCERNING THE CREATION, APPOINTMENT AND AUTHORITY OF THE HISTORIC AND CULTURAL LANDMARKS COMMISSION; REPLACING REFERENCES TO CHAPTER 7, ARTICLE X OF THE CITY CODE WITH REFERENCES TO SEC 2-G OF THE COMPREHENSIVE ZONING ORDINANCE; RECOGNIZING THE CREATION OF "HIGHLY SIGNIFICANT ENDANGERED" AND "DEMOLITION DELAY" HISTORIC OVERLAY ZONING DESIGNATIONS; CORRECTING A REFERENCE TO THE TEXAS OPEN MEETINGS ACT; CORRECTING A REFERENCE TO THE SCENIC PRESERVATION COMMISSION, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Sec. 25-78 and Sec. 25-79 of the Code of the City of Fort Worth were enacted by the City Council on April 13, 1993 by Ordinance No 11294, which provided for the creation and appointment of the Historic and Cultural Landmarks Commission and established the authority of the commission; WHEREAS, when Ordinance No 11294 was enacted, certain provisions relating to the designation and regulation of historically significant structures were contained in Chapter 7, Article X of the Code of the City of Fort Worth, WHEREAS, on May 23, 1995 the City Council of the City of Fort Worth adopted Ordinance No 11970, which revised Sec. 2-G of the Comprehensive Zoning Ordinance and consolidated provisions relating to historic properties which had previously been contained in Chapter 7, Article X of the City Code, WHEREAS, Ordinance No 11294 retained the "Historic and Cultural Landmark" overlay zoning designation and created two additional historic designations, "Highly Significant Endangered" and "Demolition Delay' ; WHEREAS, it is advisable to amend Sec. 25-78 and Sec. 25-79 to make them consistent with Sec. 2-G of the Comprehensive Zoning Ordinance, as amended by Ordinance No 11294, and to correct certain clerical matters, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: SECTION 1. Chapter 25 of the Code of the City of Fort Worth, "Planning", Sec. 25-78(f) is hereby amended, as follows (f) The commission shall meet at least monthly if business requires Special meetings may be called at any time by the chairman or on the written request of any two (2) commission members All meetings shall be held in conformance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 SECTION 2. Chapter 25 of the Code of the City of Fort Worth, "Planning", Sec. 25-79 is hereby amended, as follows. (a) The commission shall be empowered to (8) Repealed (9) Maintain, revise and amend the Historic Resources Survey, as defined in Sec. 2-G of the zoning ordinance. (10) Initiate and/or consider nominations, hold hearings and recommend to the city council that certain structures and property be designated as "Highly Significant Endangered", "Historic and Cultural Landmark" or "Demolition Delay", or that an area containing two or more eligible structures be designated as a "Historic and Cultural Landmark District", or that such designations be removed, in accordance with Sec. 2-G of the' zoning ordinance (11) Maintain a current list of historic structures designated in accordance with Sec. 2-G of the zoning ordinance (12) Adopt, enforce and amend design guidelines for structures designated "Highly Significant Endangered" or "Historic and Cultural Landmark" or located in a Historic and Cultural Landmark District. 2 (13) Hold hearings and make decisions concerning the issuance of certificates of appropriateness for demolition, relocation or other work on designated structures and, when appropriate, recommend salvage plans in connection with such demolition, relocation or other work, pursuant to Sec. 2-G of the zoning ordinance (14) Review public works and public utility projects to be constructed on the premises of, or immediately adjacent to, historic structures designated in accordance with Section 2-G of the zoning ordinance and make recommendations concerning whether they are appropriate to the character of the area. (15) Recommend enforcement actions to be taken against property owners who permit the demolition by neglect of a designated historic structure or property, pursuant to Sec. 2-G of the zoning ordinance (16) Designate two (2) members of the commission to serve on the scenic preservation commission pursuant to Sec. 17A, paragraph (H) of the zoning ordinance (17) Advise and consult with the owners of historically and architecturally significant structures (18) Propose incentive programs far rehabilitation of historically designated structures and properties. (21) Recommend recognition of the owners of structures or property designated in accordance with Sec. 2-G of the zoning ordinance by means of certificates, plaques or markers (c) No changes shall be made to Sec. 2-G of the zoning ordinance or the preservation plan without the recommendation of the commission first being entered at the required public hearings. (d) The commission is empowered to interpret or amplify its design guidelines, policies, procedures and rules for the benefit of the city's administrative staff, property owners or other interested parties. SECTION 3. All other provisions of Sec. 25-78 and Sec. 25-79 which are not expressly amended or repealed herein shall remain in full force and effect. 3 SECTION 4. 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 the ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed SECTION 5. 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 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such 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 in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. This ordinance shall be in full force and effect from and after its passage, and it is so ordained. 4 APPROVED AS TO FORM AND LEGALITY: Assistaht City Attorney (~, Date ~ _ ~ ~ ~ ~ `~ ADOPTED ~- ~ l0 -~ GI ~4 EFFECTIVE. City of Fort Worth Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 07/16/96 G-11530 12CHAP25 1 of 2 svBJECT AMENDMENT OF CHAPTER 25, ARTICLE VI, "HISTORIC AND CULTURAL LANDMARKS COMMISSION," OF THE CODE OF THE CITY OF FORT WORTH RECOMMENDATION It is recommended that the City Council adopt the attached ordinance, which amends Sec 25- 78, concerning the creation of the Historic and Cultural Landmarks Commission, and Sec 25-79, concerning the powers and authority of the commission The proposed amendments are necessary to make Sec 25-78 and Sec 25-79 consistent with revisions to Sec 2-G of the Comprehensive Zoning Ordinance relating to the designation and regulation of historic properties DISCUSSION Ordinance 11970 was adopted by the City Council on May 23, 1995 This ordinance revised Sec 2-G of the Comprehensive Zoning Ordinance concerning zoning designations for historic properties and consolidated the City's regulations relating to historic properties Ordinance No 11970 retained the "Historic and Cultural Landmark" designation and added two new historic zoning overlay designations, "Highly Significant Endangered" and "Demolition Delay" In addition, regulations concerning demolition and renovation of historic properties, which had previously been contained in Chapter 7, Article X of the City Code, were recodified in Sec 2-G Chapter 7, Article X was repealed on May 23, 1995 The attached ordinance revises Sec 25-78 and Sec 25-79 to make them consistent with Sec 2-G It replaces references to Chapter 7, Article X of the City Code with references to Section 2-G of the Zoning Ordinance and reflects the creation of two new historic zoning overlay designations In addition, the attached ordinance corrects references to the Texas Open Meetings Act and the Scenic Preservation Commission The attached ordinance does not make any substantive changes with regard to the creation, appointment or authority of the Historic and Cultural Landmarks Commission The attached ordinance has been reviewed by the Historic and Cultural Landmarks Commission ~, City of Fort Worth Texas Mayor and Council Communication DATE 07/16/96 REFERENCE NUMBER G-11530 LOG NAME 12CHAP25 PAGE 2 of 2 SUBJECT AMENDMENT OF CHAPTER 25, ARTICLE VI, "HISTORIC AND CULTURAL LANDMARKS COMMISSION," OF THE CODE OF THE CITY OF FORT WORTH FISCAL INFORMATION/CERTIFICATION The Director of Fiscal Services certifies that the adoption of the attached ordinance does not require the expenditure of any City funds CB f Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Charles Boswell 8511 APPROVED Originating Department Head: ~ ~~ ~ ~ f ®~ ~~ ~ Wade Adkins 7623 (from) ~~ ..1'~IL 1996 For Additional Information ~ ~ ~ ~ Contact: ' ' " CitZ~~.S~cr~~rT of t1t~ Wade Adkins 7623 City cf Fart 1F;orth, 4exas Adopted ~rdfnance No~~~~~