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HomeMy WebLinkAboutOrdinance 11875 ORDINANCE NO ~~ AN ORDINANCE ADOPTING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR PERMITS FOR THE ERECTION OR ALTERATION OF OFF-PREMISE OUTDOOR COMMERCIAL ADVERTISING SIGNS AND THE ACCEPTANCE OF APPLICATIONS FOR "S" SIGN SUBDISTRICT ZONING IN CERTAIN SCENIC, CULTURAL, ARCHITECTURAL AND HISTORIC AREAS FOR 180 DAYS, DIRECTING THE SCENIC PRESERVATION COMMISSION TO DEVELOP AN INCENTIVE PLAN TO REDUCE THE NUMBER OF OFF-PREMISE OUTDOOR ADVERTISING SIGNS IN SUCH AREAS, DIRECTING THE SCENIC PRESERVATION COMMISSION TO INITIATE APPLICATIONS FOR DESIGNATION OF SUCH AREAS AS SCENIC, CULTURAL, ARCHITECTURAL OR HISTORIC AREAS IN WHICH OFF-PREMISE OUTDOOR ADVERTISING SIGNS WILL BE PROHIBITED, PROVIDING FOR A METHOD FOR REPEAL OF THIS ORDINANCE, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF OTHER CODES AND ORDINANCES OF THE CITY EXCEPT WHERE SUCH OTHER CODES AND ORDINANCES ARE IN CONFLICT WITH THIS ORDINANCE, PROVIDING A PENALTY CLAUSE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF FORT WORTH, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 12, 1994, the City Council adopted Ordinance No 11537 directing the Zoning Commission to make recommendations to the City Council relating to the control of off-premise outdoor advertising signs and prohibiting fora 120 day period the acceptance of applications for permits for the erection or alteration of off-premise outdoor commercial advertising signs and the acceptance of applications for "S" Sign Subdistrict zoning in the City of Fort Worth, " WHEREAS, Section 17A(H) of the Comprehensive Zoning Ordinance of the City of Fort Worth, Ordinance No 3011, as amended, creates a Scenic Preservation Commission for the purpose of making recommendations to the Zoning Commission regarding the designation of areas of the City as scenic, cultural, architectural or historic areas wherein the location, erection and maintenance of off-premise signs are prohibited, WHEREAS, a second 120 day moratorium on the acceptance of applications for permits for the erection or alteration of off-premise outdoor commercial advertising signs and the acceptance of applications for "S" Sign Subdistrict zoning was enacted on August 16, 1994 in order to allow the appointment of a Scenic Preservation Commission and to allow the Commission to analyze scenic, cultural, architectural and historic areas of the City in which off- premise signs should be prohibited, WHEREAS, on December 13, 1994 the City Council extended the moratorium for 90 days and directed the Scenic Preservation Commission to report to the,. City Council within 90 days concerning specific areas in the City that the Commission recommended be designated as significant scenic, cultural, architectural or historic areas, criteria for designating such areas and methods for reducing the number of off-premise signs in such areas, WHEREAS, the Scenic Preservation Commission delivered its report to the City Council on March 7, 1995, which included recommendations concerning designation of specific scenic, historic, architectural and cultural corridors, criteria for designation of such comdors and suggested methods for reduction of off-premise outdoor advertising signs in such corridors, WHEREAS, subsequent to the Scenic Preservation Commission's report, the City Council directed the City Manager to prepare an M & C for consideration by the Council which will provide as follows: Instruct the Scenic Preservation Commission to initiate applications for designation of the areas described on Exhibit "A" attached hereto as scenic, cultural, architectural or historic areas, in accordance with Section 17A of the Comprehensive Zoning Ordinance, 2 Enact a 180 day moratorium on the acceptance of permit applications for outdoor advertising signs and "S" Sign Subdistrict zoning applications for the areas described on Exhibit "A" attached hereto, and 3 Instruct the Scenic Preservation Commission to develop a specific incentive plan to reduce the number of off-premise outdoor advertising signs in scenic, cultural, architectural or historic areas and to submit such plan to the City Council within 180 days NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF FORT WORTH, TEXAS SECTION 1 Pursuant to the valid exercise of the police power granted the City under Chapter 216 of the Texas Local Government Code and the Charter of the City of Fort Worth, the acceptance of applications for the erection or alteration of off-premise outdoor commercial advertising signs and the acceptance of applications for "S" Sign Subdistrict zoning shall be prohibited for the areas described on Exhibit "A" attached hereto for a period of 180 days from the effective date -2- of this ordinance, or until this ordinance is repealed, whichever comes first. The moratorium shall apply to areas within 660 feet from the nearest edge of the right-of--way of the areas along I-35, I-30, U S 287 and I-820, which are described as items number 15, 16, 17 and 20 on Exhibit "A" attached hereto, and to areas within 660 feet from the nearest edge of the right-of- way of the most recent proposed alignment of future SH-121, which is described as item number 36 on Exhibit "A" attached hereto The moratorium shall apply to areas within 200 feet from the nearest edge of the right-of-way along all other thoroughfares described on Exhibit "A" and to the districts identified on Exhibit "A" as items number 1 through 10 according to their boundaries as described SECTION 2 The Scenic Preservation Commission is directed to develop a specific incentive plan to reduce the number of off-premise outdoor advertising signs in scenic, cultural, architectural or historic areas and to submit such plan to the City Council within 180 days from the effective date of this ordinance. SECTION 3 The Scenic Preservation Commission is directed to initiate applications for designation of the areas described on Exhibit "A" attached hereto as scenic, cultural, architectural or historic areas, in accordance with Section 17A of the Comprehensive Zoning Ordinance. With regard to areas described on Exhibit "A", which are described as corridors rather than as areas with specifically defined boundaries, the Scenic Preservation Commission is directed to recommend a width for each designated area. -3- ~ SECTION 4 Nothing contained in this ordinance shall prohibit the issuance of permits for the erection or alteration of off-premise outdoor commercial advertising signs or action on requests for "S" Sign Subdistrict zoning, in cases where an application for a sign permit or an application for "S" Sign Subdistrict zoning was filed with the City of Fort Worth before April 12, 1994 SECTION 5 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 such Code are hereby suspended for the penod during which this ordinance is in effect. SECTION 6 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7 It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance aze severable, and, if any phrase, clause, sentence, pazagraph 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, -4- 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 8 The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52 013, Texas Local Government Code. SECTION 9 This ordinance shall be in full force and effect from and after its passage, and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY ~~ City Attorn}} ey Date. 3 f 1 ~ ~ ~ ~ ADOPTED J - ~ ~- C1 S EFFECTIVE. ~~'~ ~~ ~--s -5- 7 EXHIBIT "A" PROPOSED SCENIC CORRIDORS 1.(1)* Fort Worth Stockyards, according to the designated Fort Worth Stockyards Historic District boundaries 2.(1) Central Business District, according to the 1982 CBO Plan boundaries 3.(i) Cultural District: according to the Fort Worth Cultural District Master Plan boundaries dated March 7, 1990 4.(1) Medical District: Area bound by Lancaster on the north, the Tarantula (BNRR) railroad tracks on the west, the railroad tracks located immediately west of I-35 on the east and Allen Street on the south 5.(1) Fairmount/5outhside Historic District, according to designated historic district boundaries 6.(1) Elizabeth Blvd. Historic District, according to designated historic district boundaries 7.(1) Circle Park Conservation District, according to designated conservation district boundaries 8.(1) Grand Avenue Historic District, according to designated historic district boundaries 9.(1) Masonic Widows and Orphans Home Historic District, according to designated historic district boundaries 10.(1) Kenwood Court Historic District, according to designated historic district boundaries 11.(2) No. Main: from Stockyards to CBD 12.(3) Lancaster: from Camp Bowie to S. Beach 13.(4) University/Northside Dr./oakhurst Scenic Drive: from Cranbury to Belknap Street 14.(6) Camp Bowie Blvd. from University to I-30 15.(8) I-35 south from Northeast 28th Street to the Trinity River 1 16.(10) I-30 lrom the intersection with I-820 East to CBD 17.(11) U.S. 287 from CBD to Village Creek Parkway 18.(12) Hemphill St. from Allen south to Felix 19.(13) Jacksboro Hwy: ' from Lake Worth (100 year flood plain-600' elevation above sea level) to southerly end of Nine Mile Bridge Road from 500' North of Municipal Golf Course to North Side Dr. 20.(14) I-820: .25 miles south of Lake Worth (100 year flood plain-600' elevation above sea level) to .25 miles north of Lake Worth .25 miles north of Trinity River bridge (I-820 East) 21.(15) Randol Mill Road from Haltom Road West to Bridqewood; .25 miles east of I-820, west to John T. White Road 22.(16) Berry St. from intersection with Mitchell Blvd. to Old Mansfield Rd. 23.(17) Hulen St. from Vickery south to I-820 24.(19) Bryant Irvin Rd. from Vickery south to Oakmont 25.(20) Angle Ave.: from I-820 to 28th St. 26.(21) Evans Avenue: Terrell to Berry 27.(22) Horne Street: I-30 to Vickery 28.(23) Amanda: Ramey to Rosedale 29.(24) Riverside Dr.; I-30 to Wichita 30.(25) East 4th St: CBD to Riverside Dr. 31.(26) Rosedale: University to I-820 (east) 32.(27) Seminary Drive: I-35 to Wichita 33.(28) Vickery: I-35 to Ayers 34.(29) White Settlement Rd. from University to city limits at Westworth Village 35.(30) Railtran Corridor from City limits to CBD 2 ,, 36.(31) Alignment of the future SH-121 freeway as described in the City's Master Thoroughfare Plan ~ Numbers in parentheses correspond to map numbers in Attachment B to Scenic Preservation Commission Report and Recommendations to the City Council dated March 7, 1995, which is titled "Proposed Scenic Preservation Corridor/District Map Legend". 3 ~. City of Fort worth, Texas Mayor and Council C~crmmunication DATE REFERENCE NUMBER LOG NAME PAGE 03/21 /95 I G-11013 I 12S-SIGN I 1 of 3 SUBJECT ENACTMENT OF MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR BILLBOARD PERMITS AND "S" SIGN SUBDISTRICT ZONING APPLICATIONS, DIRECTION TO SCENIC PRESERVATION COMMISSION TO REPORT ON INCENTIVES FOR REDUCTION OF BILLBOARDS AI`JD TO DESIGNATE SCENIC AREAS RECOMMENDATION It is recommended that the City Council 1 Adopt the attached ordinance, which would enact a moratorium on the acceptance of permit applications for outdoor advertising signs and "S" Sign Subdistrict zoning applications in certain proposed scenic, historic, cultural and architectural areas for 180 days In addition, the attached ordinance would direct the Scenic Preservation Commission to initiate applications for designating such areas as scenic, historic, cultural or architectural corridors in which the construction of new off-premise outdoor advertising signs would be prohibited and to develop an incentive plan for the reduction of off-premise signs in such corridors, and 2 Adopt the attached Supplemental Appropriations Ordinance increasing General Fund appropriations by 523,000 and decreasing the Unreserved, Undesignated General Fund Balance by the same amount, and 3 Authorize the expenditure of 523,000 for compliance with notice requirements for the designation of scenic corridors DISCUSSION On April 12, 1994, the City Council adopted Ordinance No 11537 directing the Zoning Commission to make recommendations concerning the control of off-premise outdoor advertising signs In addition, the ordinance prohibited the acceptance of permits for the erection or alteration of off-premise outdoor commercial advertising signs and the acceptance of applications for "S" sign subdistrict zoning for a period of 120 days A second 120 day moratorium was enacted on August 16, 1994 Pursuant to Section 17A(H) of the Zoning Ordinance, a Scenic Preservation Commission was appointed effective September 12, 1994, for the purpose of making recommendations to the Zoning Commission regarding the designation of areas of the City as scenic, cult~~ral, architectural or historic areas wherein the location, erection and maintenance of off-premise signs are prohibited _.r ,,.._._~ -- --- - --- City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 03/21 /95 I G11013 12S-SIGN 2 of 3 SUBJECT ENACTMENT OF MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR BILLBOARD PERMITS AND "S" SIGN SUBDISTRICT ZONING APPLICATIONS, DIRECTION TO SCENIC PRESERVATION COMMISSION TO REPORT ON INCENTIVES FOR REDUCTION OF BILLBOARDS AND TO DESIGNATE SCENIC AREAS 0 On December 13, 1994, the City Council extended the moratorium for 90 days and directed the Scenic Preservation Commission to report to the City Council within 90 days concerning specific areas in the City that the Commission recommended be designated as significant scenic, cultural, architectural or historic areas, with criteria and justification for recommending designation of each area In addition, the Council directed the Scenic Preservation Commission to make recommendations concerning specific methods for reducing the number of off-premise signs now located in such areas The Scenic Preservation Commission delivered its report to the City Council on March 7, 1995 The Council directed the City Manager to prepare an M&C for consideration at its March 21, 1995 meeting which will provide as follows 1 Instruct the Scenic Preservation Commission to initiate applications for designation of the areas described on Exhibit "A" attached hereto as scenic, cultural, architectural or historic areas, in accordance with Section 17A of the Comprehensive Zoning Ordinance, 2 Enact a 180 day moratorium on the acceptance of permit applications for outdoor advertising signs and "S" Sign Subdistrict zoning applications for the areas described on Exhibit "A" attached hereto, and 3 Instruct the Scenic Preservation Commission to develop a specific incentive plan to reduce the number of off-premise outdoor advertising signs in scenic, cultural, architectural or historic areas and to submit such plan to the City Council within 180 days The attached ordinance has been prepared in accordance with the Council's instructions It should be noted that certain of the areas described on Exhibit "A" are defined as corridors along streets or highways but have no specified width For the purpose of enforcement of the moratorium the corridors have been defined as including 660 feet from the nearest edge of the right-of-way along highways and 200 feet from the nearest edge of the right-of-way along other thoroughfares The attached ordinance instructs the Scenic Preservation Commission to recommend widths for such corridors in connection with designation of the corridors If this proposal were adopted it is anticipated that costs of approximately 523,000 00 would be incurred in connection with compliance with notice requirements for designation of the scenic corridors •-~~ printed on recycled paper City of Fort Worth, Texas Mayor and Council Communication DATE 03/21 /95 REFERENCE NUMBER G-11013 LOG NAME 12S-SIGN PAGE 3 of 3 SUBJECT ENACTMENT OF MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR BILLBOARD PERMITS AND "S" SIGN SUBDISTRICT ZONING APPLICATIONS, DIRECTION TO SCENIC PRESERVATION COMMISSION TO REPORT ON INCENTIVES FOR REDUCTION OF BILLBOARDS AND TO DESIGNATE SCENIC AREAS FISCAL INFORMATION/CERTIFICATION The Director of Fiscal Services certifies that upon adoption of the attached supplemental appropriations ordinance, funds required for this action will be available in the current operating budget of the General Fund After this action, the undesignated, unreserved fund balance of the General Fund will be 529,453,473 CB v Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by• Ito) Charles Boswell 8500 APP ROVE~D 1 Originating Department Head. / Cj~ 1 i CO!lNG~L ~~~~ Wade Adkins 7623 (from) Mai ~1 ~ For Additional Information ~~'~ Contact: City of~ Werthf 7cexas Marcella Olson 7631 ~=~~ Printed on recycled paper A~apte~ U~dil~~i N~, ~~~~~ //~~