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HomeMy WebLinkAboutOrdinance 10842~ .,. ORDINANCE N0. AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE N0. 3011, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS h AMENDED, BY AMENDING SECTION 2-H "PD" PLANNED DEVELOP- MENT DISTRICT, TO PROVIDE FOR REQUIRED SITE PLAN REVIEW BY THE CITY ZONING COMMISSION; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. ~MAY~l3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 2-H, "PD" PLANNED DEVELOPMENT DISTRICT, of the Comprehensive Zoning Ordinance, being Ordinance No. 3011, as amended, codified as Appendix "A" of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended to read as follows: SECTION 2-H "PD" PLANNED DEVELOPMENT DISTRICT The "PD" Planned Development District is intended to provide for greater flexibility and discretion in the application of non- residential zoning in the Class III - Commercial and Class IV - Industrial districts and for increased compatibility and the more effective mitigation of potentially adverse impacts on adjacent land than is possible under conventional district regulations. It is recognized that it is desirable for certain improved sites within the City to be redeveloped and for other unimproved sites to be developed symbiotically with adjacent improved land in accordance with site plans prepared and approved as a part of the ordinance authorizing the zoning necessary for the proposed development. Improvements in a "PD" District are subject to con- formance with a site plan approved by the City Council after a recommendation from the City Zoning Commission. A. Use Regulations: The permitted use or uses of property located in the"PD" District shall be determined at the time the district is approved by using the suffixes as described below: 1. The suffix "SU" (Specific Use) can be selected and added as a suffix to the "PD" District to note that the Council has approved a specific use or uses or a class of generic uses such as offices, retail, personal services, educational facilities or warehousing. In the event certain uses are deemed inappropriate, the use of the property may be further restricted by eliminating certain uses from the category of uses. 2. Any Class III-Commercial or Class IV-Industrial district contained in Section 2 can be selected and added as a suffix to the "PD" District which permits the property to be used for any use or uses included in the list of permitted uses for the indicated district. 3. The City Council, in approving any "PD" zoning, may designate the maximum height, floor area and/or other restrictions on the development of such uses. Approval of a "PD" designation in combination with a suffix of another zoning district or approval of a "PD" in combination with an "SU" suffix shall be deemed approval of a more restrictive district than approval of such zoning without a "PD" designation provided that the approved use or uses were permitted in the district that was indicated in the City Council public hearing notice. B. Site Plan Approval Required: No building permit or certificate of occupancy shall be issued and no use of land, buildings or structures shall be made in the "PD" District until the same has been approved by the City Council as part of a site plan in compliance with the procedures, terms and conditions of this section of the ordinance; provided, however, the requirement for a site plan may be waived by the City Council where deemed appropriate by the City Council in its sole dis- cretion. C. Site Plan Requirements: The site plan submitted in support of a request for site plan approval shall con- tain sufficient information delineating the charac- teristics of the site, changes in those characteristics as may be proposed by the development, how the develop- ment will relate to public services and facilities, and what protection features are included to insure that the development will be compatible with existing and allowable development on adjacent property. The site plan shall show at least the following items of informa- tion: 2 1. The land area included within the site, the land area of all abutting sites and the zoning classifi- cation thereof, all public and private rights-of- way and easements bounding and intersecting the site and the abutting sites which are proposed to be continued, created, relocated and/or abandoned. 2. The proposed finished grade of the site and its relation to elevations of adjacent sites if perti- nent. 3. A description of the proposed site and the boundaries thereof. 4. The location of each existing and each proposed structure on the site, the specific category of use or uses to be contained therein, the number of stories, gross floor area, type of exterior con- struction material, and the location of entrances and exits to buildings. 5. The location and width of all curb cuts and driving lanes. 6. The dimensions and capacities of parking areas and loading areas, and the character and location of illumination facilities for same. 7. All pedestrian walks, malls and open areas for use by tenants or the public. 8. The location and height of all walls, fences and screen planting and landscaping. 9. The location, size, height, foot candle level and orientation of all lighting and signs. 10. The types of surfacing such as paving, turfing or gravel to be used at the various locations. 11. The location of fire hydrants. 12. Location and screening of garbage containers, air conditioners and outside storage or display. 13. A schedule of the phasing of all improvements shown in the plan. D. Approval Procedures: 1. An application for site plan approval shall be filed with the Development Department on a form prepared by that Department and accompanied by a site plan. No site plan shall be accepted for 3 filing until the appropriate filing fee has been paid. The site plan may be submitted concurrent with a request for zoning but no recommendation may be forwarded by the Zoning Commission to the City Council without an approved site plan unless such site plan requirement has been recommended for waiver by the Zoning Commission. 2. The procedures for hearing a request for a zoning change to "PD" shall be the same as for a requested change to any other district as set forth in Section 25. 3. The Zoning Commission shall hold a public hearing on all applications for site plan approval. The procedures for hearing a request for approval of a site plan shall be in accordance with this section. Written notice of the public hearing before the Zoning Commission shall be sent to the owners of real property within two hundred feet (200') of the property upon which a site plan has been sub- mitted, such notice to be given not less than ten (10) days before the date set for hearing to all such owners who have rendered their said property for City taxes, as their ownership appears on the last approved ad valorem tax roll. Such notice shall be served by depositing same, properly addressed and postage paid, in the United States mail. When property lying within 200 feet of the proposed site plan is located within territory which was annexed to the City after the final date for making the renditions which are included on the last approved tax roll, at least fifteen (15) days notice of the time and place of the public hearing shall be published in the official news- paper or a paper of general circulation in the City. 4. All recommendations by the Zoning Commission on site plan approval shall be forwarded to the City Council for setting and holding of a public hear- ing thereon. 5. Any revisions to the site plan after the public hearing before the City Council, except as per- mitted under Paragraph 6 below, shall be submitted to the Development Department for distribution, review and written evaluation by City staff prior to resubmission to and approval by the Zoning Commission. 6. Minor changes to an approved site plan, which will not cause any of the following circumstances to 4 occur, may be authorized by the Development Director or his designee: a. A change in the character of the develop- ment. b. A 5~S or greater increase in the gross floor areas of structures. c. Any substantial and material changes in such external effects on adjacent property as noise, heat, light, glare and vibration. d. A substantial and material reduction in the originally approved separations between buildings. e. Any adverse changes in traffic circulation, safety, drainage and utilities. f. A 5~ or greater increase in the height of structures. g. A 10~ or greater reduction in the origi- nally approved setbacks from property lines. h. A 5~ or greater increase in ground coverage by structures. i. A 5~ or greater reduction in the ratio of off-street parking and loading space (pro- vided that the minimum requirements of Section 19 of this ordinance are met). j. A change in the size, height, lighting, flashing, animation or orientation of originally approved signs. 7. The decision of the Director of Development as to whether minor changes are being requested shall be final and non-appealable. Any change deemed not to be a minor change, as indicated above, shall be processed as a new application to the City Zoning Commission in accordance with the provisions of this section. E. Considerations for Site Plan Approval: During the site plan review and evaluation process, the following criteria shall be considered: 1. The nature and character of the development and adequacy of the buffer between proposed improve- ments on the site and adjacent property. 5 2. The adequacy of utilities, access roads, drainage and other necessary supporting facilities that have been or will be provided. 3. The adequacy of the design, location and arrange- ment of all driveways and parking spaces so as to provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent develop- ments. 4. The adequacy of any nuisance prevention measures that have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration. 5. The effect directional lighting will have on neigh- boring properties. 6. The impact of the proposed development on adjacent property values and on the ability of the adjacent property to be developed. In approving a site plan, the City Zoning Commission or City Council may impose additional reasonable require- ments necessary to protect the public interest and welfare of the community. F. Every Planned Development District approved under the provisions of this Ordinance shall be considered as an amendment to the Ordinance as applicable to the prop- erty involved. In approving the Planned Development District, the City Council may impose conditions relative to the standard of development, and such condi- tions shall be complied with before a Certificate of Occupancy is issued for the use of the land or any structure which is part of the Planned Development District; and such conditions shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be construed as conditions prece- dent to the granting of a Certificate of Occupancy. G. The violation of any condition or requirement on an approved site plan or any construction or use that is not in compliance with an approved site plan shall be deemed to be a violation of the ordinance which granted the "PD" zoning change subject to site plan approval. H. Development Controls: 1. The height and yard regulations of the most restrictive district in which the approved use or uses are allowed shall constitute the minimum development requirements; provided, however, that 6 the City Council or Zoning Commission may impose more restrictive requirements in order to minimize incompatibilities. 2. Unless indicated on the approved site plan, the sign regulations in the most restrictive district in which the approved use or uses are allowed shall be followed. 3. The parking requirements of Section 19 shall apply to all uses in the "PD" District. I. Specific uses permitted in "PD" Planned Development district only. 1. Horse Racing Track: PD-SU required. a. The following shall be additional development controls required. 1) Holding areas for horses shall be pro- vided in case of fire. 2) An approved emergency plan and an approved evacuation plan shall be pro- vided. 3) Security plans shall be provided and reviewed by the Police Department. 4) Spectator parking lots shall be 500' from any one or two-family residentially zoned properties. 5) Other facilities, including uses facilities, the race track, and the bleachers shall be 1000' from any one and two-family residential zone and from any apartment zones not a part of race track as a mixed use. 6) The parking required shall be one (1) space for every two (2) spectator seats and one (1) space for every ten (10) square feet of spectator standing area. 7) When located within or adjacent to any city, state, or National Historic District, the race track building and structures shall be designed to be com- patible with said district. 8) An approved solid waste disposal plan shall be provided and set into operation 7 upon occupancy of the race track and its buildings and structures. 9) Specifically identify all support activities and other proposed uses which the site may include. 10) Landscaping shall be provided to break up the broad expanses of paving. Landscaping shall be provided along streets and thoroughfares and in user areas. Landscape buffering shall be provided along adjacent properties. A landscape plan shall be submitted with the site plan for site plan approval. b. In addition to site plan requirements in para- graph C, the considerations for site plan approval in paragraph E, and the development controls in paragraph H, the following design considerations shall be incorporated where feasible. 1) Impact studies (such as traffic impact) on the effects of the track operations on adjacent lands. the study shall include setbacks; street, arterial, and highway access; and buffering of properties sur- rounding the race track site. 2) Compartmentalization of parking areas for traffic circulation and emergency vehicle circulation. 3) Emergency vehicle access around site located at the bleachers area with connec- tion through the spectator parking lots to the user area. 4) Height of buildings and structures not exceed 12 stories or 120' maximum, which- ever is the most restrictive. 5) User parking and storage area for trailers and similar vehicles with separate access than from spectator parking area. 8 SECTION 2. This ordinance shall be cumulative of all provisions of ordi- nances 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 conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. 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, para- graphs 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, sen- tence, paragraph or section. SECTION 4. 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 Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 9 SECTION 5. All rights and remedies of the City of Fort worth, Texas, are expressly saved as to any and all violations of the provi- sions of Ordinance No. 3011 or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Fort worth, Texas, is here- by authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provi- sions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION 7. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the cap- tion, penalty clause and effective date in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 8. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the cap- 10 e ~ ~ tion, penalty clause and effective date in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 9. The City Secretary of the City of Fort Worth, Texas, is here- by 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 10. 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: U~ ,In~/~", City Attorney Date : .~~- ~' - 9' ~ ADOPTED: LS` ~' ~/ EFFECTIVE: 11