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HomeMy WebLinkAboutOrdinance 23648-05-2019 ORDINANCE NO. 23648-05-2019 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 21563, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING ARTICLE 13 "FORM BASED DISTRICTS", OF CHAPTER 4, "DISTRICT REGULATIONS" TO AMEND SECTIONS 4.1300 "LOW INTENSITY MIXED-USE ("MU-1") DISTRICT" AND 4.1302 HIGH INTENSITY MIXED-USE ("MU-2") DISTRICT TO AMEND REGULATIONS RELATED TO OFFICE AND HOTEL HEIGHT IN MU-2, TO PROVIDE FOR THE APLICABLITY OF MIXED-USE STANDARDS IN BUILDING REUSE; TO CLARIFY REGULATIONS RELATED TO SCREENING, LANDSCAPING, FENCES, BUILDING TYPES, HEIGHT, FRONTAGE, ENTRIES AND SIGNS; TO CLARIFY PARKING FOR RESIDENTIAL USES IN MIXED-USE DISTRICTS AND TO AMEND SECTION 4.1200 "FORM BASED DISTRICTS CODE USE TABLE" TO ADD MICROBREWERY, MICRODISTILLERY AND BREWPUB AS AN ALLOWED USES IN THE MU-2 DISTRICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Comprehensive Plan designates mixed-use growth centers to encourage development of compact, pedestrian-scaled, mixed-use neighborhoods and commercial centers; and WHEREAS, in 2001 the Planning and Development Department formed a Mixed-Use Zoning Advisory Group (MUZAG), consisting of representatives from pertinent City commissions, the development community, neighborhood associations, design professionals, and other interested parties to guide the creation of a mixed-use zoning classification; and WHEREAS, on March 20, 2000 the City Council adopted Ordinance No. 14556 to add the "Low Intensity Mixed-Use ("MU-1") and "High Intensity Mixed-Use ("MU-2") zoning districts to address the need for denser residential developments to support and complement transit and to support commercial uses compatible with central city neighborhoods or urban mixed-use districts; and Sec.4.1300 and 4.1302 Mixed-Use 2018-19 MUZAG Ordinance No.23648-05-2019 Page 1 of 18 WHEREAS,the mixed-use districts have been amended every few years since their initial adoption when staff has reconvened MUZAG to address issues, topics and best practices for mixed-use districts; and WHEREAS, City staff convened MUZAG again in 2018 to address issues and topics identified by staff, developers, and neighborhood groups related to the Mixed-Use and Urban Residential zoning districts; and WHEREAS, the Zoning Commission and the Urban Design Commission conducted public hearings on the proposed amendments and recommended approval; and WHEREAS, it is recommended that the City Council adopt an amendment to the Zoning Ordinance to revise the Mixed-Use district standards; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1. Chapter 4 "District Regulations" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to revise Article 13, "Form Based Districts" Sections 4.1300 Low Intensity Mixed-Use (MU-1) District and 4.1302 High Intensity Mixed-Use (MU-2) District subsections (b) to provide that the Urban Design Commission must review and make recommendations on variances to the Board of Adjustment, changes in zoning to the Zoning Commission and the City Council and to provide for changes to conceptual site plans, to read as follows: SEC. 4.1300 and SEC. 4.1302 (b) Administrative Review Requirements Projects that clearly conform to all mixed-use standards may be approved administratively by the Planning and Development Director or designee. A waiver from the mixed-use requirements and Sec.4.1300 and 4.1302 Mixed-Use 2018-19 MUZAG Ordinance No.23648-05-2019 Page 2 of 18 standards may be granted by the Urban Design Commission (UDC) in accordance with the applicable development principles and standards. A Certificate of Appropriateness will be provided for UDC decisions and shall expire if a building permit is not received within 2 years of issuance of the Certificate of Appropriateness. Any variance requests to the Board of Adjustment shall first receive a recommendation provided by the Urban Design Commission prior to the public hearing of the Board of Adjustment. Any zoning proposal requesting a Planned Development "PD" zoning district or "CUP" Conditional Use Permit that includes waivers from any mixed-use design standard must receive a recommendation from the Urban Design Commission prior to a public hearing by the Zoning Commission or the City Council. 1) Conceptual Site Plan: For properties 5 acres or more, developers shall submit a conceptual site plan to the Planning and Development Department for administrative review prior to submittal of permit applications,in order to facilitate compliance with the mixed-use zoning standards. The site plan shall show the anticipated location of proposed streets, sidewalks and walkways, building footprints, parking areas, landscaped areas and features, and open space. A 5% or greater change in land uses to a site plan may necessitate a new project review and approval prior to permitting. SECTION 2. Chapter 4 "District Regulations" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to revise Article 13, "Form Based Districts" Sections 4.1300 Low Intensity Mixed-Use (MU-1) District and 4.1302 High Intensity Mixed-Use (MU-2) District subsection (c) to clarify the townhouse definition,to read as follows: SEC. 4.1300 and SEC. 4.1302 (c) Uses. (1) Building types permitted. c. Apartment/condominium. Multi-family residential development type that often shares a common entrance. Primary entrances are prominent and street-facing. An elevated ground floor for residential uses is recommended to ensure privacy. Parking for an apartment/condominium building is allowed on the side or rear of the building,but the preferred method is at the rear of the building or within a parking structure. A townhouse form shall be considered an apartment/condominium when the homes are on one platted lot and not on individually platted lots with ground floor separate entrances to each unit. d. Townhouse. A two or three story building with two or more attached dwelling units consolidated into a single structure and platted into individual lots. An elevated ground floor for residential uses is recommended to ensure privacy. Sec.4.1300 and 4.1302 Mixed-Use 2018-19 MUZAG Ordinance No. 23648-05-2019 Page 3 of 18 SECTION 3. Chapter 4 "District Regulations" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to revise Article 13, "Form Based Districts" Section4.1300 Low Intensity Mixed-Use (MU-1) District, subsection d(5) and d(8) to clarify the minimum and maximum building heights,to read as follows: SEC. 4.1300 (d)Property Development Standards (5) Minimum Height Single-Use: One story with a minimum of 18 feet total, as measured from the top of the finished slab at grade level to the top of the highest wall facade. Top of Facade —� t f1 f` rf ! f 1 story, f minimum 18'feet 1H Slab at Grade - - Note: Development in the MU- 1 District is exempt from § 6.100. An unroofed and unenclosed roof top terrace, and the enclosed stairwell or elevator that strictly provides access to the terrace, shall not be included in the measurement of the total building height. Refer to §§ 5.136 and 5.137 Telecommunication Antenna and Towers. (8) Maximum Height Single-Use: Three (3) stories as measured from the top of the finished slab at grade level to the top of the highest wall top plate. Sec.4.1300 and 4.1302 Mixed-Use 2018-19 MUZAG Ordinance No.23648-05-2019 Page 4 of 18 Top of Facade t Wall Top Plate 3 story f 3 stories or-45-feet;which- 2 story ' t everis-less . t t 1 story Slab at Grade —� SECTION 4. Chapter 4 "District Regulations" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth,is hereby amended to revise Article 13,"Form Based Districts" Section 4.1302 High Intensity Mixed-Use (MU-2) District, subsection (d)(7) and (d)(10) to allow 10-story office and hotel projects and to limit height near certain museums, to read as follows: SEC. 4.1302 (d) Property development standards. (7) Maximum height single-use: a. Generally: Five (5) stories as measured from the top of the finished slab at grade level to the top of the highest wall top plate. b. Single Use Office Building: A maximum height of 10 stories shall be allowed, provided a maximum height of 5 stories shall be required within 250 feet of A or B residential districts with an existing one-or two-family dwelling.Retail and restaurant uses on the ground floor are allowed and encouraged. Buildings within 1,000 feet of property on the block bounded by University Drive, Lancaster Avenue,Montgomery Street, and Camp Bowie Boulevard, shall have a maximum height of 120 feet. c. Single Use Hotel Building: A maximum height of 10 stories shall be allowed, provided a maximum height of 5 stories shall be required within 250 feet of A or B residential districts with an existing one-or two-family dwelling.Retail and restaurant uses on the ground floor are allowed and encouraged. Buildings within 1,000 feet of property on the block bounded by University Drive,Lancaster Avenue,Montgomery Street, and Camp Bowie Boulevard, shall have a maximum height of 120 feet. Sec.4.1300 and 4.1302 Mixed-Use 2018-19 MUZAG Ordinance No.23648-05-2019 Page 5 of 18 (10) Height bonus options. Note: Height bonuses can be utilized cumulatively but shall not allow for heights beyond the established ten story maximum. When adjacent to a one- or two- family district, all height bonuses must adhere to the transitional height plan requirements, see subsection(f)(1)d. a. Mixed use building. A maximum height of ten stories shall be allowed if the criteria below are met. Buildings within 1,000 feet of property on the block bounded by University Drive, Lancaster Avenue, Montgomery Street, and Camp Bowie Boulevard, shall have a maximum height of 120 feet. 1. Residential uses constitute 30% or more of a building's gross floor area; and 2. Office, eating and entertainment, and/or retail sales and service use constitutes 10% or more of the building's gross floor area. 3. Live/work units shall: (i) Not exceed 3,000 square feet. (ii) Maintain between 10% and 50% commercial space. (iii) Not exceed five onsite employees who do not live in the unit. (iv) Maintain adjacency between commercial and exterior entry. SECTION 5. Chapter 4 "District Regulations" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to revise Article 13, "Form Based Districts" Sections 4.1300 Low Intensity Mixed-Use (MU-1) District and 4.1302 High Intensity Mixed-Use (MU-2) District to clarify applicability of certain development standards for changes of use and building addition in MU-1 and MU-2 districts as follows: SEC. 4.1300 (d)Property Development Standards. In the Low Intensity Mixed-Use (MU-1) District, the dimensions of yards, the placement of the building, the minimum and maximum height of buildings, the minimum and maximum residential density and the required enhanced landscaping shall be as follows (See Section (12) below for Applicability for change of use and expansion of existing structures): Sec.4.1300 and 4.1302 Mixed-Use 2018-19 MUZAG Ordinance No.23648-05-2019 Page 6 of 18 (12) Applicability In areas that were rezoned to a Mixed Use district with existing buildings which do not comply with current MU standards but the uses of the buildings are changed, certain MU standards will apply depending on the extent of the improvement. Usable area includes a change of use of any outdoor area from what was not a usable, occupiable area prior to the change. Table 1 With a change of use to a On projects with . On projects with building more intense use based on building additions or site or site usage additions the uses as defined by the use changes that increase that increase the structure Institute of Traffic the structure footprint or footprint and/or increase Engineers (ITE) trip usable area greater than the usable area by 30% or generation manual,with 15%,but less than 30% more(as measured by the structure/footprint or (as measured by,the footprint of the primary usable area change of 0% footprint of the primary building in the case of to 15%: building in the caseof tenant spaces) tenant'svaces):, Sidewalk Required if existing Required if existing_ Required if existing sidewalks are substandard sidewalks are substandard' sidewalks are substandard as determined by TPW as'determinedb "TPW- as determined by TPW Enhanced Does Not Apply; Street Ap Iies�'Stt'eet"frees s iall Applies; Street Trees shall Landscaping Trees shall be installed if be installed as:part of the be installed as part of the not existingtotal 'oirits if riot existin total points if not existing Setbacks Does Not Apply Applies Yn new footprint Applies in new footprint Fenestration Does Not Apply Apphesn new footprint Applies in new footprint or or any,areas oft he existing: any areas of the existing building;bemg irrodlfied, building being modified Entrances Does Not Apply Applies in new footprint Applies in new footprint Urban Does Not Apply unless new Applies in new footprint, Applies in new footprint Forestry or expanded parking lots including any new or including any new or are provided expanded parkng lots` expanded parking lots 2nd story Does Not Apply Does Not Apply Applies to existing 2+story �(MU-2) building. If a building addition is 60% or more, the addition shall comply with the 2 story minimum. An addition of less than 60%expansion may expand at the same level as the existing structure. Sec.4.1300 and 4.1302 Mixed-Use 2018-19 MUZAG Ordinance No.23648-05-2019 Page 7 of 18 SEC. 4.1302 (d)Property Development Standards. In the High Intensity Mixed-Use (MU-2) District, the dimensions of yards, the placement of the building, the minimum and maximum height of buildings, the minimum and maximum residential density and the required enhanced landscaping shall be as follows (See Section (11) Applicability below for change of use and expansion of existing structures): (11) Applicability In areas that were rezoned to a Mixed Use district with existing buildings which do not comply with current MU standards but the uses of the buildings are changed, certain MU standards will apply depending on the extent of the improvement. Usable area includes a change of use of any outdoor area from what was not a usable, occupiable area prior to the change. Table 1 With a change of use to a On projects with On projects with building more intense use based on building,additions or site or site usage additions the uses as defined by the use:changes that increase that increase the structure Institute of Traffic the structure footprint or ` footprint and/or increase Engineers (ITE) trip usableareai°eatertnan the usable area by 30% or generation manual,with 45%;,but less)than`30%u more(as measured by the structure/footprint or (asmeasu red by the . footprint of the primacy usable area change of 0% footprint of the�primary building in the case of to 15%: buiIdingi the caseof tenant spaces) tenant spaces).- Sidewalk Required if existing Required if existing Required if existing sidewalks are substandard sidewalks are substandard sidewalks are substandard as determined by TPW asdetermined b .TPW as determined by TPW Enhanced Does Not Apply; Street Applies; Street Trees�shall` Applies; Street Trees shall Landscaping Trees shall be installed if be installed,.,as;part:of the be installed as part of the not existing totafmuits if not existiii total points if not existing Setbacks Does Not Apply Applies-in'new fbothrinu " Applies in new footprint Fenestration Does Not Apply Applies in view footprint Applies in new footprint or or'any areas of the existing any areas of the existing hu�lding being modified - building being modified Entrances Does Not Apply Applies in new°footprint;: Applies in new footprint Sec.4.1300 and 4.1302 Mixed-Use 2018-19 MUZAG Ordinance No.23648-05-2019 Page 8 of 18 Urban Does Not Apply unless new Applies in new footprint Applies in new footprint Forestry or expanded parking lots including any new or including any new or are provided expanded parking lots expanded parking lots 2nd story Does Not Apply Does Not Apply Applies to existing 2+story (MU-2) building. If a building addition is 60% or more, the addition shall comply with the 2 story minimum. An addition of less than 60% expansion may expand at the same level as the existing structure. SECTION 6. Chapter 4 "District Regulations" of-Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to revise Article 13, "Form Based Districts" Sections 4.1300 Low Intensity Mixed-Use (MU-1) District and 4.1302 High Intensity Mixed-Use (MU-2) District, subsection (e) to update parking and loading standards to clarify parking is required for all residential uses,to read as follows: SEC. 4.1300 and SEC. 4.1302 (e) Off-Street Parking and Loading (1) Commercial and Mixed-Use Parking Table REQUIREMENTOF REQUIREMENTPARKING • LOCATION I LVJ NJ MAXIMUM* Project not located within 250 feet ° . of a one-or-two fancily zoned None* 100 percent (/°) property Project located within 250 feet 75 percent(%) 100 percent(%) of a one-or-two family zoned property Sec.4.1300 and 4.1302 Mixed-Use 2018-19 MUZAG Ordinance No.23648-05-2019 Page 9 of 18 Project located within 1,000 feet of an existing or approved 50 percent (%) 100 percent (%) passenger rail station or stop x Residential uses as part of a"Mixed-use"building shall provide required parking as listed in the residential parking table. (3) Other Off-street Parking and Loading Standards: f. Maximum Surface Parking Lot Frontage — The percentage of parking lot frontage along any street shall not exceed the following maximums: • 40% of the development site's total frontage length along a project's primary streets, and • 70% of the development site's total frontage length along a project's side streets. Parking lot frontage measurements shall include the combined frontage length of any paved and/ or drivable surface that functions as part of a parking lot's circulation, such as —but not limited to—drive aisles and parking spaces. SECTION 7. Chapter 4 "District Regulations" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to revise Article 13, "Form Based Districts" Sections 4.1300"Low Intensity Mixed-Use"MU-1"District"and 4.1302"High Intensity Mixed-Use"MU- 2"District,subsection(f)`Buffers and Landscaping"to amend the height of the required screening buffer, the table for the requirements for the enhanced landscaping point system, landscaping in parking and driveway areas and urban forestry requirements,to read as follows: SEC. 4.1300 and SEC. 4.1302 (f) Buffers and Landscaping (1) Bufferyard and Supplemental Building Setback c.All uses within the mixed-use district adjacent to an A or B district, other than the uses listed in item b. above, shall conform to the supplemental building setback and bufferyard width Sec.4.1300 and 4.1302 Mixed-Use 2018-19 MUZAG Ordinance No.23648-05-2019 Page 10 of 18 standards required for the Neighborhood Commercial ("E") District, as described in Section 6.300(c) Area Requirements. (2) Enhanced Landscaping Point System Requirements: Enhanced landscaping is required along all public rights- of-way, see subsection (h)(4), and shall earn a minimum set of points that are awarded for providing and maintaining specific landscaping and design feature. The points are accumulated as follows: ENHANCED LANDSCAPING SYSTEM 30 points required 20 points required for single family and duplex 10 of the required points shall come from the installation of street trees as described below: Trees shall be planted within a planting strip or flush with the sidewalk surface using tree grates or suspended paver grates. Tree grates shall be adjustable and shall be securely attached. Tree grate openings shall not exceed 3/8 inch. Required Spacing: • Small/Medium Canopy=25-30 ft. on center • Large Canopy=35-40 ft. on center Street Trees *Where necessary spacing exceptions may be made to 10 accommodate mature trees, curb cuts,fire hydrants and other infrastructure elements. If an improvement includes a tenant space of a building, the street trees shall be planted along the right of way(s) in front of and adjacent to the tenant space Public Points Feature Requirement Awarded 5% of net land area. Plaza shall be continuous with min. area not less than 1,000 sf. Plaza If S% of net land area is greater than 2,000 sf., multiple 15 plazas are permitted. Arcade, Structural Awning, 4 ft. min. depth for 50% of the facade facing a primary Galleries, facade or 25 linear ft., whichever is greater. 10 Balconies or other approved Sec.4.1300 and 4.1302 Mixed-Use 2018-19 MUZAG Ordinance No.23648-05-2019 Page 11 of 18 pedestrian shelter Playground 5% of net land area with min. area not less than 1,000 sf. 15 Community 1 pt. for every 250 sf. with minimum area not less than 1,250 5- 15 Garden sf. Each 50 ft. segment of street frontage is required to have 2 streetscaping items. Items include, but are not limited to: • Benches • Trash Receptacles Enhanced • Bike Racks 10 Streetscaping • Planters Materials used shall be appropriate for the adjacent street and approved by the Transportation and Public Works Department (TPW). *1 light post for every 60-70 ft. (based on size of street tree) of street frontage. Scaled Pedestrian- Side to be approved by the Transportation and Public Works 10 Lighting Department (TPW) and consistent with other pedestrian lights on the same block. 3% of net land area. Uses include, but are not limited to: Programmed • Chess parks Recreation • Bocce ball courts 10 Area • Exercise/yoga facilities Public art installation include but are not limited to sculpture, murals, and water features planned and executed with the specific intention of being sited or staged in the physical Public Art public domain, outside and accessible to all. Materials used 10 Installation shall be durable and resistant to graffiti and weather. As approved by the Planning and Development Director or designee. Programmed Sitting Area/Public Minimum 15 seats 5 Outdoor Dining Area Proximity to Within 500 ft. as measured from property line to property 5 Public Park line. Sustainable Xeriscaping, on-site stormwater management,rain gardens, Landscaping bio-swales, etc. 5 Sec.4.1300 and 4.1302 Mixed-Use 2018-19 MUZAG Ordinance No.23648-05-2019 Page 12 of 18 See Chapter 6, Table A for a recommended list of native plants for landscape use in North Central Texas Paved 1 pt. for every additional foot of sidewalk width over the city Walkway standard (up to 15 ft. wide total). Enhancement Private Points Feature Requirement Awarded Front Porch 50% of the facade facing a primary street. 10 Window awnings, shallow door canopies, or other facade features that 25% of the facade facing a primary street or 15 linear ft., are not whichever is greater. Multiple features (i.e.: awnings)may 5 intended to add up to the required amount. provide pedestrian shelter (less than 4 ft. in depth) Rooftop Minimum 200 sf. 5 Terrace *If no pedestrian lights or street trees exist on the project's blockface, measure from the end of the block to determine spacing. For trees, begin 40 feet fi°om the curb intersection to accommodate public open space easement requirement. If trees or lights exist, measure from existing trees or lights. (3) Landscaping in Parking and Driveway Areas a. Parking lots and driveways that are located adjacent and parallel to a public street shall be screened from the public right-of-way with landscaping,berms,fences, or walls a minimum of 3 feet in height measured from parking lot grade to a maximum of 4 feet in height. SEC. 4.1300 (f)(4) Urban Forestry a. Through either preservation or planting, provide 5 percent (%) site canopy coverage and 40% canopy coverage over new, expanded, or reconstructed surface parking. The surface parking canopy coverage shall count towards the site canopy coverage requirement. Sec.4.1300 and 4.1302 Mixed-Use 2018-19 MUZAG Ordinance No. 23648-05-2019 Page 13 of 18 b. Submission of applicable urban forestry plans for review shall comply with Section 6.302 (g), Urban Forestry Plan/Permits. SEC. 4.1302 (f)(4)Urban Forestry a. Through either preservation or planting, provide 5 percent (%) site canopy coverage and 40% canopy coverage over new, expanded, or reconstructed surface parking. The surface parking canopy coverage shall count towards the site canopy coverage requirement. b. Submission of applicable urban forestry plans for review shall comply with Section 6.302 (g), Urban Forestry Plan/Permits. SECTION 8. Chapter 4 "District Regulations" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to revise Article 13, "Form Based Districts" Sections 4.1300"Low Intensity Mixed-Use"MU-1"District"and 4.1302"High Intensity Mixed-Use"MU- 2" District, subsection (g) to clarify that all residential building shall provide an entry onto the public street frontage, to read as follows: SEC. 4.1300 and SEC. 4.1302 (g)Facade design standards. (6)Building entries. d. Residential entries 1. Apartments, condominiums, and manor houses with street level units shall provide an individual street-oriented entry for each unit abutting the street frontage. SECTION 9. Chapter 4 "District Regulations" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to revise Article 13, "Form Based Districts" Sections 4.1300 Low Intensity Mixed-Use (MU-1) District and 4.1302 High Intensity Mixed-Use (MU-2) District, subsection (h)(1)to update sign standards, to read as follows: Sec.4.1300 and 4.1302 Mixed-Use 2018-19 MUZAG Ordinance No.23648-05-2019 Page 14 of 18 SEC. 4.1300 and SEC. 4.1302 (h) Other Development Standards to correct the formatting of regulations for specific types of signage. (1) Signs: See Chapter 6, Article 4 for requirements and the following provisions: a. In addition to signs allowed in Chapter 6, Article 4, one or more attached project identifier or wayfinding signs may be erected on each facade of the occupied space. 1. Signs may have a total area of 10 percent(%)of the area of the facade to which the signs are attached, with a maximum aggregate area of 500 square feet per facade. 2. The facade area shall be calculated by multiplying the width times the height, with a maximum calculated height of 15 feet. Note: Doors and windows shall be included in the calculation of the facade area. 3. For structures exceeding 15 feet in height, allowable sign square footage shall be calculated as 0.75 square feet per linear foot of building facade. SECTION 10. Chapter 4 "District Regulations" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to revise Article 13, "Form Based Districts" Sections 4.1300 Low Intensity Mixed-Use (MU-1) District and 4.1302 High Intensity Mixed-Use (MU-2) District, subsection(h)(2)to amend the allowed height of a private patio fence,to read as follows: SEC. 4.1300 and SEC. 4.1302 (h) Other Development Standards 2) Fences and Gates: f. For a private residential patio or yard, or a commercial outdoor dining area, a fence, railing, or low wall may extend beyond the building facade if the following requirements are met: 1. Fences,railings, and walls shall not exceed 4 feet(48")in total height as measured from the ground to the top of the fence, railing and/or the wall ... Sec.4.1300 and 4.1302 Mixed-Use 2018-19 MUZAG Ordinance No.23648-05-2019 Page 15 of 18 SECTION 11. Chapter 4 "District Regulations" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to revise Article 13, "Form Based Districts" Sections 4.1300 Low Intensity Mixed-Use (MU-1) District and 4.1302 High Intensity Mixed-Use (MU-2) District, subsection(h)(5)to include the supplemental standards for a drive-in business, to read as follows: SEC. 4.1300 and SEC. 4.1302 (h) Othef°Development Standards (5) Drive-In Business (a) Drive-in businesses may be permitted in accordance with the use tables in Chapter 4, Articles 6 and 8, provided that no such use shall be permitted to sell alcoholic beverages for consumption on the premises. In the"MU-I"and"MU-2"districts the following requirements shall apply: (1) Drive-through windows and stacking lanes shall not be located along facades of buildings that face a street, and where possible shall be located to the rear of buildings; (2) Driveways shall not be located within the front yard setback between the building front and the street; (3) The design and location of the facility shall not impede vehicular traffic flow and shall not impede pedestrian movement and safety. To minimize conflicts with vehicular and pedestrian circulation, shared driveways and/or driveways located off of non-arterial streets shall be used, where possible; (4) Architectural elements,landscaping and/or other screening elements shall be provided to minimize the visual impacts of the drive-through facility; and (5) The design and location of the facility hall be consistent with any design standards or guidelines that may be applicable to the pertinent district. (b) A site plan demonstrating compliance with these drive-in restaurant or business development standards shall be submitted to the planning and development director or designee for review and approval. Sec.4.1300 and 4.1302 Mixed-Use 2018-19 MUZAG Ordinance No.23648-05-2019 Page 16 of 18 SECTION 12. Section 4.1203, of Article 12, "Form Based Code District Use Table" of Chapter 4, "District Regulations" of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to: Add a "I"' in the "MU-2" zoning district cell for "Brewery, distillery, or winery" in the category"Heavy Industrial Manufacturing" SECTION 13. 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 14. 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 15. 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 violation exists shall constitute a separate offense. SECTION 16. 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 17. 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. Sec.4.1300 and 4.1302 Mixed-Use 2018-19 MUZAG Ordinance No.23648-05-2019 Page 17 of 18 SECTION 18. All other provisions of the Zoning Ordinance of the City of Fort Worth not herein amended shall remain in full force and effect. SECTION 19. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: -2 61 By: Melinda Ramos, Sr. Assistant City Attorney WMJ. ayser, City S c tart' OR ADOPTED: May 7, 2019 '0 EFFECTIVE: cTunFC�1q 'f` Sec.4.1300 and 4.1302 Mixed-Use 2018-19 MUZAG Ordinance No.23648-05-2019 Page 18 of 18