HomeMy WebLinkAboutOrdinance 22477-10-2016 ORDINANCE NO. 22477-10-2016
AN ORDINANCE AMENDING ORDINANCE NO. 22177 TO REFLECT
AND ADD THE CORRECT ZONING DISTRICT INFORMATION FOR
ZONING CASE ZC-16-080 AND ZC-16-082; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE AND NAMING AN EFFECTIVE DATE
WHEREAS, on April 19, 2016, the City Council approved Case No. ZC-16-080 to
rezone properties generally bounded by 761, 765, 769, 905, 915, 917, 919 Samuels Avenue, 801-
815 (odds) and 901 Bennett Street, FROM: "O1" Floodplain, "D" High Density Multifamily,
"D/DD" High Density Multifamily/Demolition Delay, "D/HC" High Density
Multifamily/Historic & Cultural Overlay, PD931 "PD/TU-N2" Planned Development for all uses
in "TU-N2" Trinity Uptown Neighborhood Zone 2, plus outdoor recreational activities to include
drive-in movie theater, concerts, etc., a mobile food truck park, three to four screen theater with
hard surface and dust free parking/viewing areas. Only temporary outdoor recreational activities
and associated structures are exempt from the development standards of the TU-N2 district; all
permanent structures not related to the drive-in theater shall meet the development standards.
On-site concession stand and food trucks shall have paved surfaces. Site plan waived; TO:
"PD/D" Planned Development for all uses in "D" High Density Multifamily, retaining historical
overlays, with Development Standards and Downtown Urban Design Standards; site plan
waived; and
WHEREAS, on April 19, 2016, the City Council approved Case No. ZC-16-082 to
rezone properties located at 2900 Weisenberger St., 205 Wimberly St., and 2901 Whitmore St
from: "B" Two-Family to: "UR" Urban Residential; and
Correction Ordinance 22177 Ordinance No.22477-10-2016
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WHEREAS, Ordinance No. 22177 incorporating the City Council's zoning hearing
decisions from the April 19, 2016 meeting inadvertently omitted the zoning cases for ZC-16-080
and ZC-16-082; and
WHEREAS, it is advisable to amend Ordinance No. 22177 with regard to Zoning Case
Nos. ZC-16-080 and ZC-16-082 only, to include the zoning district information for both zoning
cases to incorporate the approval of the zoning cases by the City Council on April 19, 2016;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH:
SECTION 1.
Ordinance No. 22177 an amendment to Ordinance 21653, is amended to include the
zoning case information for Case No. ZC-16-080 and ZC-16-082, as follows:
ZC-16-080 761, 765, 769, 905, 915, 917, 919 Samuels Ave., 801-815 (odds) and 901 Bennett
St.
Zoninz Chanze:
From: "0-1"Floodplain, "D"High Density Multifamily; "D/DD"High Density
Multifamily/Demolition Delay; "D/HC"High Density MultifamilyXistoric and Cultural
Overlay;PD 931 "PD/TU--N2"Planned Development for all uses in "TU-N2 Trinity Uptown
Neighborhood Zone 2"plus outdoor recreational activities to include drive-in movie theater,
concerts, etc. a mobile food truck park, three to four screen theater with hard surface, and
dust free parking/viewing areas. Only temporary outdoor recreational activities and associated
structures are exempt from the development standards of the TU-N2 district; all permanent
structures not related to the drive-in theater shall meet the development standards. On-site
concession stand and food trucks shall have paved surfaces. Site plan waiver requested.
To: "PD/D"Plan ned Developmentfor all uses in "D"High Density Multifamily, retaining
historical overlays, with Development Standards and Downtown Urban Design standards;site
plan waived
1. Unless otherwise noted, the Downtown Urban Design District Standards will supersede
the "D" standards.
2. As the Downtown Urban Design District Standards supersede other standards, the PD is
exempt from the requirements of Section 6.506 Unified Residential Development.
3. Density-35 units/acre maximum.
Correction Ordinance 22177 Ordinance No. 22477-10-2016
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4. Building Height- 4 stories maximum (approximately 50 feet) to top of plate, except at
buildings located on the bluff edge where an additional lower level (approximately 12
feet) is permissible.
5. Front Yard Setback- The "D" setback requirement of 20' minimum does not apply.
6. Side Yard Setback- 5'-0" minimum.
7. Bufferyard- 5'-0" minimum between the development and adjacent properties. No
additional supplemental setback or transitional plan applies.
8. Parking- 1.6 Spaces/Unit maximum.
9. Parking Location- Parking is not permitted on private property between the building front
and right-of-way. Per the Urban Design District Standards, surface parking shall be
shielded from adjacent right-of-way. Each parking space shall be within 60' of a large
canopy tree. Public, on street, parallel parking is permitted within the Samuels Ave. right-
of-way.
10. Open Space- The project is exempt from the "D" 35% minimum open space requirement.
11. Fencing- The development may be gated, private security fences and gates that are
located along public streets shall not extend in front of building facades. Fences not
exceeding 4' in height may extend in front of the building of townhouse developments,
apartments, or historic or accessory structures.
12. Signage- The project is exempt from the "D" signage standards. The project will meet the
requirements of the Downtown Urban Design District Sign Standards.
13. Primary entries are not required along Bennett St., Morrison St., and Locust St. (Samuels
Alley) frontages.
Descri tion:
NUMBERI STREET PARCELLEGAL
761 SAMUELS AVE MULLIGAN ADDN TRACT 1B LOTS 5A& 5B
765 SAMUELS AVE MULLIGAN ADDN TRACT 1B LOT 5C-D
769 SAMUELS AVE MULLIGAN ADDN TRACT 1C LOT 6
915 SAMUELS AVE MULLIGAN ADDN TRACT 1A LOT 11
917 SAMUELS AVE MULLIGAN ADDN TRACTS 5A&6A
919 SAMUELS AVE MULLIGAN ADDN TRACT 7A& 8A LOT 12
801 BENNETT ST MULLIGAN ADDN TRACT 2B
805 BENNETT ST MULLIGAN ADDN TRACT 2B
807 BENNETT ST MULLIGAN ADDN TRACT 2B
809 BENNETT ST MULLIGAN ADDN TRACT 1D LOT 8B
813 BENNETT ST MULLIGAN ADDN TRACT 2A LOT 9A
815 BENNETT ST MULLIGAN ADDN TRACT 3A LOT 9
901 BENNETT ST MULLIGAN ADDN TRACT 4A LOT 9B & 10B
ZC-16-082 2900 Weisenberger St., 205 Wimberly St., and 2901 Whitmore St.
Zoning Change:
From: `B" Two-Family
To: "UR" Urban Residential
Description:
NUMBER STREET PARCEL LEGAL
205 WIMBERLY ST LINWOOD ADDN BLOCK 5 LOT 2
2900 WEISENBERGER ST LINWOOD ADDN BLOCK 17 S'/z
2901 WHITMORE ST LINWOOD ADDN BLOCK 17 N '/2
Correction Ordinance 22177 Ordinance No. 22477-10-2016
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SECTION 2.
This ordinance corrects Ordinance No. 22177 with regard to Case No. ZC-16-080 and ZC-
16-082 only.
SECTION 3.
The zoning regulations and districts, as herein established, have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety, morals
and general welfare of the community. They have been designed to lessen congestion in the
streets; to secure safety from fire, panic, flood and other dangers; to provide adequate light and
air; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate the
adequate provisions of transportation, water, sewerage, parks and other public requirements.
They have been made after full and complete public hearing with reasonable consideration,
among other things, of the character of the district and its peculiar suitability for the particular
uses and with a view of conserving the value of a building and encouraging the most appropriate
use of land throughout the community.
SECTION 4.
This ordinance shall be cumulative of all other ordinances of the City of Fort Worth
affecting zoning and shall not repeal any of the provisions of such ordinances, except in those
instances where provisions of such ordinances are in direct conflict with the provisions of this
ordinance.
SECTION 5.
All rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and
all violations of Ordinance Nos. 13896 and 21653 or of any amendments thereto that have
accrued at the time of the effective date of this ordinance; and as to such accrued violations, and
Correction Ordinance 22177 Ordinance No. 22477-10-2016
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all pending litigation, both civil or criminal, same shall not be affected by this ordinance but may
be prosecuted until final disposition by the courts.
SECTION 6.
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 decree of any court of competent jurisdiction, such voidness, ineffectiveness or
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or
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 7.
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 ($2000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 8.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
Melinda Ramos, Assistant City Attorney �Maly J. Kayser, City Se e y
Adopted and Effective: October 25, 201(6
Published:
Correction Ordinance 22177 Ordinance No. 22477-10-2016
Page 5 of 5
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/25/2016 - Ordinance No. 22476-10-2016, 22477-10-2016
& 22478-10-2016
DATE: Tuesday, October 25, 2016 REFERENCE NO.: **G-18861
LOG NAME: 06CORRECTION ORDINANCE 16
SUBJECT:
Adopt Ordinances Correcting Ordinance Nos. 17783, 22177 and 22283, in Order to Correct Zoning
Information and Legal Descriptions from Previously Approved Zoning Cases (COUNCIL DISTRICTS 3, 7
and 9)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinances in order to reflect the correct legal
and zoning descriptions.
DISCUSSION:
Staff occasionally performs quality control checks on zoning case ordinances and the official zoning
map. Correction ordinances are needed for the following zoning cases.
On September 18, 2007, the City Council approved a zoning change (ZC-07-160) to rezone properties
generally bounded by Rockwood Park to the North, Mt. Olivet Cemetery to the East, White Settlement
Road to the South and Rockwood Park Drive to the West to "A-7.5", "A-10", "A-10/HC" and "A-21" One-
Family. Ordinance No. 17783 incorporating the City Council decision inadvertently omitted the zoning
case. The case involved 409 parcels.
These properties are located in COUNCIL DISTRICT 7.
On April 19, 2016, the City Council approved a zoning change (ZC-16-080) to rezone properties located
761, 765, 769, 905, 915, 917 and 919 Samuels Avenue and 801-815 (odds) and 901 Bennett Street to
"PD/D" Planned Development for all uses in "D" High Density Multifamily retaining historical overlays, with
development standards and Downtown Urban Design District Standards; site plan waived. Ordinance No.
22177 (ZC-16-080) incorporating the City Council decision inadvertently omitted the zoning case. Also on
April 19, 2016, the City Council also approved a zoning change to rezone properties at 2900
Weisenberger Street, 205 Wimberly Street and 2901 Whitmore Street to "UR" Urban Residential.
Ordinance No. 22177 incorporating the City Council decisions inadvertently omitted the zoning cases.
These properties are located in COUNCIL DISTRICT 9.
On June 21, 2016, the City Council approved a zoning change (ZC-16-115) to rezone properties generally
bounded by Walsh Ranch Parkway, Mary's Creek, Markum Ranch Road, Aledo Iona Road, FM 1187 and
White Settlement Road to PD522 Planned Development for"PD/LDR" Low Density Residential, for all
single-family uses in "A-43" One-Family through "R2" Townhouse/Cluster listed in the Walsh Planned
Development Residential Use Table, with a maximum of 14,785 dwelling units, to include setback and
development standards; site plan waived. Ordinance No. 22283 incorporating the City Council decision
inadvertently omitted one legal description from the zoning case information. The case involved nine legal
Logname: 06CORRECTION ORDINANCE 16 Page 1 of 2
descriptions of which one needs to be corrected.
This property is located in COUNCIL DISTRICT 3.
The ordinances correctly reflect the City Council's decisions and corrects the errors.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that adoption of these ordinances will have no material effect on City
funds.
FUND IDENTIFIERS (FIDs):
TO
lFundl Department ccoun Project Program ctivity Budget Reference # moun
j ID ID Year (ChartField 2)
FROM
Fund Department ccoun Project Program ctivityl Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Lynn Jordan (2495)
Logname: 06CORRECTION ORDINANCE 16 Page 2 of 2