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HomeMy WebLinkAboutOrdinance 9602ORDINANCE NO. ~ 6-~ AN ORDINANCE AMENDING ORDINANCE, NO. 3011, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE, CODIFIED AS APPENDIX "A°' OF THE CODE OF THE CITY OF FORT WORTH (1964), AS AMENDED, BY CREATING THE 11PD" PLANNED DEVELOPMENT DISTRICT AND SETTING FORTH REGULATIONS THEREIN; PROVIDING FOR SUBMIS- SION OF SITE PLANS IN THE "PD°' DISTRICT AND REQUIREMENTS THEREFOR; PROVIDING FOR SITE PLAN APPROVAL; PROVIDING FOR PUBLIC HEARINGS; PROVIDING FOR MODIFICATION AND RESUBMIS- SION OF SITE PLANS; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PRO- VIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND NAMING AN EFFECTIVE DATE. 8E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Ordinance No. 3011, as amended, is hereby amended by add- ing Section 2-H "PD°' Planned Development District, which section shall read as follows: SECTION 2-H °'PD" PLANNED DEVELOPMENT DISTRICT The '°PD°' Planned Development District is intended t.o pro- vide 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 conformance with a site plan approved by the City Council after a recommendation from the City Plan Commission. A. Use Regulations: The permitted use or uses of proper- ty located in the "P.D" 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 proper- ty to be used for any use or uses included in the list of permitted uses for the indi- cated 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 discretion. C. Site Plan Requirements: The site plan submitted in support of a request for site plan approval shall contain sufficient information delineating the characteristics of the site, changes in those charac- teristics as may be proposed by the development, how -2- the development 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 fol- lowing items of information: 1. The land area included within the site, the land area of all abutting sites and the zoning classification 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 aban- doned; 2. The proposed finished grade of the site and its relation to elevations of adjacent sites if pertinent. 3. A description of the proposed site and the boundaries thereof; 4. The location of each existing and each pro- posed 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 construction mater- ial, 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; -3- 10. The types of surfacing such as paving, turfing or gravel to be used at the various locations; D. 11. The location of fire hydrants; 12. Location and screening of garbage con- tainers, air conditioners and outside stor- age or display; and 13. A schedule of the phasing of all improve- ments shown in the plan. 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 filing until the appropriate filing fee has been paid. The site plan may be submitted subsequent to the Zoning Commission hearing and recommen- dation on any application for °'PD" zoning but cannot be reviewed or approved by the City Plan Commission until the City Council has approved the "PD" zoning. Alternative- ly, a site plan may be applied for and pro- cessed after "PD" zoning has been obtained. 2. The procedures for hearing a request for a zoning change to °tPD" shall be the same as for a requested change to any other dis- trict as set forth in Section 25. 3. The Plan 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 and the Plan Commission Rules of Procedure. Written notice of the public hearing before the Plan 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 submitted, 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, -4- 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 ( 1 5) days notice of the time and place of the public hearing shall be published in the official newspaper or a paper of general circulation in the City. 4. All recommendations by the City Plan Commission on site plan approval shall be forwarded to the City Council for setting and holding of a public hearing thereon. 5. Any revisions to the site plan after the public hearing before the City Council, ex- cept as permitted 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 Plan Commission. 6. Minor changes to an approved site plan, which will not cause any of the following circumstances to occur, may be authorized by the Development Director or his desig- nee: a. A change in the character of the de- velopment; b. A 5~ 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 circu- lation, safety, drainage and util- ities; f. A 5~ or greater increase in the height of structures; -5- g. A 10$ or greater reduction in the originally 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 (provided that the minimum requirements of Section 19 of this ordinance are met); j. A change in the size, height, light- ing, flashing, animation or orienta- tion of originally approved signs. 7. The decision of the Director of Development as to whether minor changes are being re- quested 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 Plan Commission in accordance with the provisions of this section. E. Considerations for Site Plan Approval: During the site plan review and evaluation process, the follow- ing criteria shall be considered: 1. The nature and character of the development and adequacy of the buffer between proposed improvements on the site and adjacent prop- erty; 2. The adequacy of utilities, access roads, drainage and other necessary supporting facilities that have been or will be pro- vided; 3. The adequacy of the design, location and arrangement of all driveways and parking spaces so as to provide for the safe and convenient movement of vehicular and pedes- trian 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; -6- 5. The effect directional lighting will have on neighboring 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 Plan Commission or City Council may impose additional reasonable re- quirements 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 property involved. In approving the Planned Development District, the City Council may impose conditions relative to the standard of development, and such conditions 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 precedent to the granting of a Certificate of Occupancy. G. The violation of approved site pla not in compliance deemed to be a granted the "PD" approval. any condition or requirement on an n or any construction or use that is with an approved site plan shall be violation of the ordinance which zoning change subject to site plan 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; pro- vided, however, that the City Council or City Plan Commission may impose more Y restrictive requirements in order to mini- mize incompatibilities; 2. Unless indicated on the approved site plan, the sign regulations in the most restric- tive 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 unless otherwise specified on the site plan. -7- SECTION 2. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas (1964), 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 unconstitu- tional 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 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 One Thousand Dollars ( $1 , 000.00 ) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. -8- SECTION 5. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No. 3011, as amended, or any other ordinances affecting land use 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 ordi- nance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as pro- vided 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 caption and Sections 1, 4, 8 and 9 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION $. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections 1, 4, 8 and 9 of this -9- ordinance for two ( 2 ) days in the official newspaper of the C ity of Fort Worth, Texas, as authorized by Art. 1176b-1, Revised Civil Statutes of Texas. SECTION 9. a 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 Attorney Date: ADOPTED: ~~-~5-'~Ca EFFECTIVE: -10-