HomeMy WebLinkAboutOrdinance 22490-11-2016 ORDINANCE NO. 22490-11-2016
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE
NO. 21653, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE
CODE OF THE CITY OF FORT WORTH (2015), TO AMEND SECTION
4.303 "SITE PLAN REVISIONS" OF CHAPTER 4, "DISTRICT
REGULATIONS" OF ARTICLE 3 "PLANNED DEVELOPMENT ("PD")
DISTRICT TO PROVIDE PARAMETERS FOR ADMINISTRATIVE
AMENDMENTS TO SITE PLANS FOR MIXED-USE AND/OR URBAN
RESIDENTIAL DISTRICTS; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, minor changes to a site plan previously approved by the City Council for a
Planned Development district may be administratively approved; and
WHEREAS, the parameters for minor changes to Planned Development site plans were
established for developments in suburban areas where the increase of floor area, height, ground
coverage and the reduction of setbacks and parking was not encouraged; and
WHEREAS, the established parameters are not consistent with the intent of Mixed-Use
and/or Urban Residential districts which encourage density and are based on quality of form; and
WHEREAS, the effect of the existing applications on Planned Development site plans
based on Mixed-Use and/or Urban Residential districts has the unintended effect of allowing
developers to decrease the floor area, height, and ground coverage and increase parking and
setbacks which negatively affect the Council approved intent for the planned development based
on Mixed-Use or Urban Residential districts; and
WHEREAS, it is advisable to amend the Zoning Ordinance to establish parameters for
minor changes to site plans for planned development districts based on Mixed-Use and/or Urban
residential districts;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS AS FOLLOWS:
SECTION 1.
Sections 4.303 "Site Plan Revisions" of Article 3 "Planned Development ("PD")
Districts" of Chapter 4 "District Regulations" of Ordinance No. 21653, the Zoning Ordinance of
Ch.4 Sec.4.303 PD Site Plan amendment 2016 Ordinance No.22490-11-2016
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the City of Fort Worth, is hereby amended to add language to provide parameters for
administrative amendments to site plans for mixed-use and/or urban residential districts, to read
as follows:
See. 4.303 SITE PLAN REVISIONS.
(a) Review and evaluation. Any revisions to the site plan after the public hearing before the
City Council, except as permitted under subsection (b) below, shall be submitted to the Planning
and Development Department for distribution, review and written evaluation by city staff prior to
resubmission to and approval by the Zoning Commission and City Council.
(b) Minor changes.
(1) Minor changes to an approved site plan, which will not cause any of the following
circumstances to occur, may be authorized by the Planning and Development Director or
a designee:
a. For all zoning districts other than Mixed-Use, Form-Based or Urban Residential
i. A change in the character of the development;
ii. A 5% or greater increase in the gross floor areas of structures;
iii. Any substantial and material changes in such external effects on adjacent
property as noise, heat, light, glare and vibration;
iv. A substantial and material reduction in the originally approved separations
between buildings;
v. Any adverse changes in traffic circulation, safety, drainage or utilities;
vi. A 5% or greater increase in the height of structures;
vii. A 10% or greater reduction in the originally approved setbacks from
property lines;
viii. A 5% or greater increase in ground coverage by structures;
ix. A 5% or greater reduction in the ratio of off-street parking and loading
space (provided that the minimum requirements of Chapter 6, Article 2 are
met); and
x. A change in the size, height, lighting or orientation of originally approved
signs.
b. For all Mixed-Use, Form-Based or Urban Residential Districts:
i. A change in the character of the development;
ii. A 5% or greater reduction or increase in the gross floor areas of structures;
iii. Any substantial and material changes in such external effects on adjacent
property as noise, heat, light, glare and vibration;
iv. A substantial and material increase in the originally approved separations
between buildings;
v. Any adverse changes in traffic circulation, safety, drainage or utilities;
vi. A 5% or greater reduction or increase in the height of structures;
vii. A 10% or greater increase in the originally approved front yard setbacks
from property lines;
viii. A 5% or greater reduction or increase in ground coverage by structures;
Ch. 4 Sec.4.303 PD Site Plan amendment 2016 Ordinance No.22490-11-2016
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ix. A 5% or greater increase in the ratio of off-street parking and loading
space unless provided in structured parking (provided that the mininoum
requirements of Chapter 6, Article 2 are met); and
x. A change in the size, height, lighting or orientation of originally approved
signs.
(2) The decision of the Planning and Development Director as to whether requested changes
are minor 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 Zoning
Commission in accordance with the provisions of this article.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (2015), 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, 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 Two Thousand Dollars ($2,000.00) for each offense. Each day that a
Ch.4 Sec.4.303 PD Site Plan amendment 2016 Ordinance No.22490-11-2016
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violation exists shall constitute a separate offense.
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 Ordinances No. 3011, 13896, 21653 and 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 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 7.
All other provisions of the Zoning Ordinance of the City of Fort Worth not herein
amended shall remain in full force and effect.
SECTION 8.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
VYI�
Melinda Ramos, Sr. Assistant City Attorney ar§ J se , Ci Secretary
ADOPTED: November 1, 20.116
EFFECTIVE: "
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