HomeMy WebLinkAboutCP 19 � ti �J�-" V '' ''�'�'1 l,�r(n/ �•����jy�� ,`^ry/.^��'///y�� ''��'�'' ynl�'' ''', un�y,'
C✓
POLICY PROPOSAL
DATE FILE NUMBER SUBJECT Zoning Ordinance Amendment to PAGE 1 OF
1/10/77 CP-19 Provide for Planned Development Zoning (PD)
PROPOSAL PROPOSED BY: Councilman CITY MANAG R'S RELEW
Henry Meadows
Often, residents who appear before the Zoning Commission and the City Council to
oppose a zoning change request, state that they are not opposed to the use proposed
by the applicant but since they cannot be assured that he will follow through with
the development as proposed, they object to the change because it also allows other
more objectionable uses which are permitted within the same zoning classification or
category.
Others say they would not object if a proper screening wall, building height restric-
tion or other conditions could be placed on the approval to help assure that their
adjacent properties would not be devalued as a result of the proposed development.
Since the City of Fort Worth has no ordinance provisions to accommodate these desires,
either the applicant's request is denied and the project not built or the requested
change is approved and the adjacent property adversely affected or at least the owners
feel they have not been adequately protected.
I would like to see our zoning ordinance changed to provide a mechanism to accommodate
the desires of the area residents as well as those of the developer.
Since the specific use and site development requirements would be in addition to
those required by the base zoning, a $25.00 initial and annual inspection fee is
proposed to defray the added inspection costs. Additional inspections will insure
that the permitted use remains a good neighbor.
It is recommended that the City Council direct the City staff to prepare an appropriate
amendment to the zoning ordinance for consideration by the Zoning Commission and the
Plan Commission and recommendations to the City Council, which will accomplish the
described purpose.
Legality
See the attached memo from the City Attorney.
Fiscal Note
The proposal could create an additional case load increase on the Commission and
Council as well as necessitating additional processing staff and related costs.
Additional revenue from application fees would partially offset these costs.
LEGALITY (N
FISCAL NOTE
CITY MANAGER'S COMMENTS
•
POLICY PROPOSAL (cont'd) PaaELoF
City Manager's Comments
The primary purposes of zoning are to serve as a tool for implementation of cities'
comprehensive plans and to minimize the conflict between adjacent land uses.
Many cities have included in their zoning ordinances a provision for Planned Develop-
ment Zoning (PD). This provision in effect allows the site to be developed for the
desired use and at the same time provides the protection desired by neighboring
property owners.
When placing an area under a PD classification, a comprehensive site plan for develop-
ment is required to be approved and recommended by the Zoning Commission and ratified
by the City Council and filed as part of the amendment to the Zoning Ordinance. The
site plan must include such things as specific areas proposed for specific types of
land use, provisions for ingress and egress to the property, sidewalks, utilities,
drainage, parking, building height, yard and open spaces, screening walls or fences,
lands.caping and other development and protective requirements considered necessary
to create a reasonable transition to and protection of the adjacent properties.
There are site plan requirements in our ordinance at this time to accommodate resi-
dential (Unified Residential) and industrial ("I-P") but the current provisions for
commercial ("E-P") have proven to be unsatisfactory due to their complexity. A PD
provision in our ordinance would therefore fill a void we now have with respect
to acceptable commercial development controls.
Another unique feature of a PD is it provides a means of establishing a transition
district as an extension of an existing district whereby the provision of screening
walls, open space and planting creates a protective transition between a lesser and
a more restrictive district.
It appears that a PD provision in our ordinance would give the flexibility desired,
aid in maintaining area stability, and will improve confidence of the citizenry
in the zoning process.
Awl,
The only drawbacks to this proposal are that it could promote a larger case load
for zoning change requests and require a more complex record keeping and control
function for the City in administering zoning and site development controls.
However, if the PD provisions are applied to only those cases where concern is
expressed by the neighborhood for more protection than is provided under the
current zoning provisions, this increased case load and related costs are not
expected to be significant.
It is recommended that the proposal request be pursued as recommended.
CITY OF FORT WULLZ , TEXAS
THE SUBJECT MATTER OF THIS M. & C. C.
WAS PRESENTED TO THy CITY COUNCIL
yyq 5 Arl rov
Henry Meadows, Councilman
w �s�
City Secretary J c-
CITY OF FORT WORTH
RML:':I1E 1T TO C1'-191
A", .lanuary 1'J, 1,?77
Arecte-d staff to start pr,?paration of an amendment to the present zoning
ordinance and that copies !3e nad,; available to each member of the City
Zoning Corwission and the City Plan Commission, that the City Plan Comission
and City Zoning Commission conduct a joint meting, and that the final draft
of proposed ordinance th:li be ,1r-,sented to 02 City Council for consideration.
/ t
I P
INTEROFFICE CORRESPONDENCE
TO Mr. Gary Gwynn Assistant City Maw August 18, 1976
FROM Se 9, Johndroe, Jr. . City AttorneWIME
SUBJECT Zoning Ordinance Amendment to Provide for Planned Development
Zoning (PD)
You recently transmitted to me a three page proposal of Council-
man Henry Meadows which proposal suggested amendment to the
City Zoning Ordinance to provide for a so-called Planned
Development (PD) District, about which proposal you requested
comment. It is my understanding that in planning terms the
.� rationale for such PD District is to "provide flexibility in
the planning and development oF projects with combinations of
uses or of specific physical designs such as ***housina
developments or any similar developments** and "to achieve
flexibility and variety in the hysical development pattern of
the City, to encoura e a more efficient use of open space and
to encourage the appropriate use of 1-an—cr.' Such rationale is
consistent with the announce a islative ur oses o zonin as
set forth in Articles 101 a and 1011c, Revised Civil Statutes
of Texas. Such articles reading as follows :
"For the purpose of promoting health, safety, morals,
and for the protection and preservation of places and
areas of historical and cultural importance and
significance, or the general welfare of the community,
A01"' the legislative body of cities and incorporated villages
is hereby empowered to regulate and restrict the height,
number of stories, and size of buildings, and other
structures, the percentage of lot that may be occupied,
the size of the yards, courts, and other open spaces,
the density of population, and the location and use of
buildings, structures, and land for trade, industry,
residence, or other purpose; and, in the case of desig-
nated places and areas of historic and cultural importance,
to regulate and restrict the construction, alteration,
reconstruction, or razing of buildings and other
structures.
r
•
"Such regulations shall be made in accordance with
a comprehensive plan and designed to lessen congestion
in the streets; to secure safety from fire, panic, and
other dangers; to promote health and the general
welfare; to provide adequate light and air; to prevent
the overcrowding of land; to avoid undue concentration
of population; to facilitate the adequate provision of
transportation, water, sewerage, schools, parks, and
other public requirements. Such regulation shall be
made with reasonable consideration, among other things,
to the character of the district and its peculiar suit-
ability for particular uses, and with a view to con-
serving the value of buildings and encouraging the most
AOW appropriate use of land throughout such municipality
and it is hereby provided that this Act shall not enable
cities and incorporated villages aforesaid to require the
removal or destruction of property, existing at the time
such city or incorporated village shall take advantage of
this Act, actually and necessarily used in a public
service business. "
Awk It is to be remembered however that such broad purposes are to
be implemented pursuant to the directives of Article 1011b,
Revised Civil Statutes of Texas. Such article reading as
follows:
"For any or all of said purposes the local legisla-
tive body may divide the municipality into districts
of such number, shape, and area as may be deemed best
suited to carry out the purposes of this Act; and within
such districts it may regulate and restrict the erection,
construction, reconstruction, alteration, repair, or
use of buildings, structures, or land. All such regu-
lations shall be uniform for each class or kind of
building throughout each district, but the regulations
in one district may differ from those in other districts.
Acts 1927, 40th Leg. , p. 424, ch. 283, § 2. "
The legislative directives are clear and well tested. Any designa-
tion of land use implemented by zoning must be according to a com-
prehensive plan refined into district designations identified by
their respective uniform standards and requirements. Ad hoc determi-
nations of land utilization providing fors ecial uses placed accord-
ing to local discretion ruled by vague and illusive criteria without
regard to specific districts is the very antithesis of zoning.
-2-
OWN This is not to say that flexibility cannot be achieved within
the zoning framework. The policy proposal itself notes
three._ extant _zonin_g_,districts in-- the City_,of Fort Worth which
would seem to fit the definition of a PD District; "IP,
Industrial Park Districts,- "B-P, " Planned Commercial District
and„Unified_Residential Development. It would seem to me that
the desired concomitant flexibility and control is contained
within the provisions of the existing ordinance. In the first
place , the city zoning ordinance, Ordinance No. 3011, as amended,
is classified, in part, as a "cumulative" ordinance in that the
less restrictive districts, i.e. , those permitting more obnoxious
or onerous uses of land, also permit the more attractive uses of
land. For example, residential uses can be inter-mixed with
commercial uses in a commercial zoning district. The City's
traditional zoning ordinance provides extreme latitude and
flexibility in mixing land uses.
While providing for such flexibility the current provisions
of the zoning ordinance provide uniform (by district) standards
of control as can be particularly noted _in, the above referenced
three districts. In this connection it should be observed that
the Plan Commission has site plan review powers, thereby provid-
ingYboth additional flexibility and control. Though it would
of.-course, be necessary for the City Council to approve a textual
amendment to the zoning ordinance providing for a. new zoning
district,, I see no justification for involving the. City Council
in site plan approval as provided in the next to last paragraph
ofYQageTM 2, of the policy proposal. Such matters are beyond the
.expertise and time capacity of the City Council.-and... Quld re ain
with the Plan Commission. Qi1�C. µ1 z .� .
The announced the o such proposal is to protect the adjacent
property owners and improve the confidence of the public in the
zoning process. These are laudable objectives, but it must be
remembered that adjacent property owners have no standing to
move the rezoning of non-owned adjacent properties other than
by seeking the forwarding of a recommendation from the Plan
Commission to the Zoning Commission.
It would also seem logical to examine both the provisions of
the city subdivision ordinance and the rules and regulations
of the Plan Commission prior to the formulation of any proposed
-3-
amendment to the zoning ordinance. It would be my notion
that the often conflicting but desired elements of flexi-
bility and control are now included not only within the
zoning ordinance but also within such subdivision ordinance
and commission rules and regulations.
9611FO"044000,
S. G. Johndroe, Jr.
City Attorney
SGJ:hpo