HomeMy WebLinkAboutOrdinance 17367-01-2007ORDINANCE NO. 17367-0 t -2007
AN ORDINANCE AMENDING TIIE COMPREIEIENSIVE ZONING
ORDINANCE OF THE CITY OF FORT WORTH, BEING
ORDINANCE N®. 13896, AS AMENDED, CODIFIED AS
APPENDIX "A" OF TI3E CODE ®F TIIE CITY OF FORT
WORTH, I3Y AMENDING SUBSECTIONS C, II AND .T, OF
SECTION 6.301 "LANDSCAPING" TO MOVE TREE
REQUIREMENTS TO SUBSECTION If, "PRESERVATION OF
TREES"; PROVIDING THAT TINS ORDINANCE SMALL BE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in order to maintain and enhance a positive image and a livable city
it is important to promote site planning which furthers the preservation of mature trees
and to protect trees during construction, to facilitate site design and construction which
contribute to the long term viability of existing trees and to control the removal of trees
when necessary;
WHEREAS, at the November 2 and 9, 2004 City Council meetings, citizens
spoke about concerns of clear cutting in their community, provided numerous pictures
and testimony about actual examples of clear cutting that has happened in areas
surrounding their homes and neighborhoods, and requested the City Council to put an
immediate moratorium on clear cutting;
WHEREAS, on November lb, 2004, the City Council approved Ordinance
Number 16208 {Mayor and Council Comrnunicatian PZ-2SS6) establishing a thirty day
moratorium on the removal of protected trees equal to or greater than six inches in
diameter on an acre or larger parcel of land without a permit front the City 1~ orester;
WI-IEREAS, the moratorium was enacted and continued in order to maintain the
status quo while the Citizen Advisory Committee continued to the study of the adoption
of a txee preservation ordinance;
WHEREAS, the Government and Neighborhood Relations Committee
established a committee consisting of two City Council members, a Za~.ing Commission
member, representatives from neighborhood and builder associations, Scenic Fort Worth,
the Fort Worth Garden Club, utility companies, real estate investors, tx~-ban forestry and
other interested parties to study the practices in other cities and advise the Council
Committee on possible regulations related to tree preservation;
WI~EIZEAS, the Citizen Advisory Cornrriittee recommended the adoption of
interim regulations to regulate the xernaval of protected trees during the time the
committee compares and analyzes other tree preservation ordinances ira~ order to make a
recommendation on regulations to the Council Committee and the full City Council;
WHEREAS, on December 14, 2004, the City Council app~nved Ordinance
Number 16232 (Mayor and Council Camrrrunication G-14617) extending the moratorium
until January 28, 2005 to allow time for the Zoning Commission and City Council to
consider interim regulations;
WHEREAS, on January 18, 2005, the City Council approved Ordinance Number
16270 establishing interim regulations in order to allow the City to complete the public
process for consideration of amendments to the Zoning Ordinance to provide regulations
for the protection and replacement of trees as recommended by the citizen advisory
committee;
WHEREAS, the Citizens Advisory Committee recommended to the City Council
provisions that would better meet the needs of the city and those recommendations were
reviewed by the public through citizen information meetings and Zoraiz~g Commission
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hearrngs;
WHEREAS, on October 3, 2006, the City Council approved the zoning tent
amendment, ZC-Ob-183, amending Subsection K "Preservation of Trees" of Section b.301
"Landscaping and Buffers" to revise the current regulations by adding new language
related to tree coverage, preservation, planting and maintenance and to require the
establishment of an Urhan Forestry Board to heax appeals from administrative decisions;
N®W, THEIaEF®I~E, T3E IT 6)1-~INEI~ BY "I`I-IE CITY C®UNCIL ®F
'THE CITY ®F F~I$T W®ItTI-I, ''ES
SECTI®N 1.
Chapter 6, Article 3, of Ordinance No. 13896, the Zoning Ordinance of the City
of Fort Worth, Subsection C. "Submittal of Landscape Plan" of Section 6.301,
"Landscaping" is amended to delete the provision for trees from this subsection, to read
as follows:
6.3Q 1 La~adscaping
C. Subrr~ittal of Landscape
A landscape plan shall be submitted to the Development Department together
with the application for a building perrnit. The following information shall be shown on
the required landscape plan:
1. Calculation of net site area showing all existing and proposed
structures, parking and access, other paved areas, and all required
bufferyard areas pursuant to this Section;
2. Calculation of required landscape area;
3. Location and dimensions of areas to be landscaped and total amount of
landscape area;
4. Location, number and planting size of all shrubs, and groundeover
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including both required and actual materials provided;
S. Location and coverage of required irrigation system; and
6. Delineation of artificial Iot, if applicable, including depiction of all
proposed and existing structures, access drives, appurtenant parking and
other paved areas proposed for the expansion or new construction.
S~C'li`IC®N 2.
Chapter 6, Article 3, of Ordinance No. 13896, the Zoning Ordinance of the City
of Fort Worth, Subsection H. "Landscape Area Required" of Section 6.301,
"Landscaping" is amended to delete the provision for trces from this subsection, to read
as follows:
6,301 I.aridscaping
H. Landscape Area Required
Construction projects subject to this section shall provide landscape areas
calculated as follows:
1. Commercial or Institutional Uses: A minimum of ten percent of
net site area shall be landscaped: provided, howevex, for new
construction on undeveloped sites, the required landscape area
shall not be less than the minimum landscape area sot out in the
table below. In addition:
For every 50 square feet, or fraction thereof, of required
landscape area, one shrub a minimum of five gallons in size
is required
2. Industrial Uses and Manufactured Home Uses: A minimum of
four percent of net site area, or, at the option of the developer, a
landscape area at least 30 feet in depth along the length of the
property line frontage an all public rights-off way adjacent to the
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property; provided, however, for new construction on undeveloped
sites, the required landscape area shall not be less that the
minimum landscape area set out in the table below. In addition:
l~or every 50 square feet, or fraction thereof, of required
landscape area, one shrub a minimum of five gallons in size
is required.
3. Landscaping in Parkway: Parkway {area between the street curb
and front property line) may be counted toward landscape area
required by this subsection. Groundcover and flowers are
permitted in the parkway. Shrubs are prohibited.
SI<1CTI®1\T 3.
Chapter b, Article 3, of Ordinance No. 13 896, the Zoning Ordinance of the City of 1~ ort
Worth, Subsection J. "Miscellaneous Requirements" of Section b.301, "Landscaping" is
amended to delete the provision for trees from dais subsection, to read as follows:
6.301. Landseapi~tg
J. Miscellaneous Requirements
1. All required landscape areas adjacent to vehicle use areas shall be
pxotected by wheel stops, curbs ox other physical baxriexs.
2. All required landscape areas shall be located outside the exterior
perimeter of footprint of a building or structure.
3. A minimum of 7S percent of all xequixed landscape areas shall be
located in the front yard between. tlae building line and the front
property line. For lots with multiple street frontages, a minimum of 75
percent of all required landscape areas shall be located in tlae yard
adjacent to the street with the greatest pavement width, unless the
Development Iaixector approves a modification to this requirement in
accordance with Paragraph L below. When an artificial lat or a
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building expansion is separated from property adjacent to a street
frontage, the required landscape areas znay be located anywhere on the
site subject to Paragraph J.2 above.
4. In addition to required shrubs, all of the required landscape area must
be covered with grass, organic rnuleh or live groundcaver.
s~cTr®IV~ ~.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of tl~e City of Port Worth, Texas (198b), 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.
Sli1C`TI®l~ ~.
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 ar section.
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SECTI®1®1 G.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to
any and all vialations of the provisians of Ordinance No. 13896 which have accrued at
the tune 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.
SICCTI®1V 7.
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.
s~cTr®r1 ~.
This ordinance shall take effect after adoption and publication as required by law.
AI'I'ROVED AS TO FORM AND LEGALITY:
Assistant City ttoz-ney
ADOPTED: J ~ ~ ~~
EFFECTIVE,
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