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HomeMy WebLinkAboutOrdinance 17844-10-2007ORDINANCE NO. 17844-10-2007 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING SECTION 2.102 "SCENIC PRESERVATION AND DESIGN REVIEW COAZNIISSION" OF CHAPTER 2, "REVIEW BODIES", TO CHANGE THE NAME OF THE CONIIVIISSION TO THE I:IRBAN DESIGN COMI~~IISSION; TO REVISE THE MEMBERSHIP CRITERIA; TO PROVIDE FOR AN APPEAL TO THE APPEALS BOARD; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 12088 on August 15, 1995, establishing the Scenic Preservation Commission to review and designate areas of the City as scenic, cultural, architectural or historic areas and to address off-premises signs in those designated areas; WHEREAS, on October 8, 2002 the City Council adopted Ordinance Number 15284 renaming the Commission to the Scenic Preservation and Design Review Commission, expanding the powers to include designs for stealth communication towers and surface mounted antennas and increasing the membership of the Commission to nine regular members and two ad hoc members; and WHEREAS, certain unique areas within mixed-use growth centers and urban villages in the City are targeted to be nominated as Urban Design Districts; WI3~REAS, upon designation as an Urban Design District or a Conservation District, design standards and guidelines will be adopted to provide guidance to owners and the city in implementing the intent and purpose of the district; WHEREAS, is advisable to amend Section 2.102 of the Zoning Ordinance to rename the Scenic Preservation and Design Review Commission to the Urban Design Commission to revise the membership criteria and to provide that an appeal from the Urban Design Commission will be heard by the Appeals Board; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. Chapter 2 of Ordinance No. 13896, the zoning ordinance of the City of Fort Worth, "Review Bodies", Section 2.102 "Scenic Preservation and Design Review Conunission" is amended to rename the Commission to the "Urban Design Commission"; to amend section 2.102B to revise the criteria for membership and to amend section 2.102G to provide that the Appeals Board will hear appeals as follows: 2.102 Urban Design Commission A. Creation and Appointment There is hereby created an Urban Design Commission for the purpose of: 1. Recommending the designation of scenic, cultural, architectural, or historical areas of the City as a Conservation District; 2. Recommending the designation of Urban Design Districts; 3. Reviewing and approving stealth communication towers as well as antennas that are surface mounted on enclosed buildings and structures; 4. Reviewing and recommending to the City Council the approval or modification of proposed design guidelines for Urban Design Districts and Conservation Districts, except those districts where a separate design review board is established by the City Council; 5. Reviewing and approving projects in Urban Design Districts and Conservation Districts for compliance with design guidelines, except those districts where a separate design review board is established by the City Council; and 6. Reviewing and approving design standards for other projects as directed by the City Council. 2 B. Members The Urban Design Commission shall consist of nine qualified electors of the City. The City Council will consider for appointment to the Commission as members only those persons who have demonstrated their civic interest, general knowledge of the community, independent judgment, and availability to prepare for and attend meetings. At least six of the nine appointees shall be practicing professionals from the fields of architecture, landscape architecture, urban design or planning, real estate, or law. Appointees should be knowledgeable about fundamental principles of urban design. The members of the Commission shall regularly attend meetings and public hearings of the Commission and shall serve without compensation, except for reimbursement for authorized expenses attendant to the performance of their duties. C. Terms of ®ffice Place numbers one through nine shall identify the nine members of the Urban Design Commission. The odd-numbered places shall expire on October 1 of each odd-numbered year and the even-numbered places shall expire October 1 of each even-numbered year. Members may be appointed to succeed themselves. Vacancies shall be filled for unexpired terms but no member shall be appointed for a term in excess of two years. D. Quorum Six voting members of the Urban Design Commission shall constitute a quorum. A motion to approve any matter before the Commission shall require the affirmative vote of five voting members of the Commission. E. Powers and Duties 1. Nomination of a Scenic, Cultural, Architectural or Historical Area as a Conservation District a. Designation The Urban Design Commission may nominate for designation as a Conservation District any area within the city that is a scenic, cultural, architectural, or historical area per the criteria as set out in this section. Nomination by the Urban Design Commission shall be in the form of a resolution requesting that the Planning and Development Department submit the nomination to the Zoning Commission for consideration. A11 properties nominated based on its historical significance shall be submitted to the Historic and Cultural Landmarks Commission for consideration and recommendation prior to submission to the Zoning Con~nnission. Applications and the procedure for designation of a scenic, cultural, architectural, or historical area as a Conservation District shall follow the procedures outlined in Chapter 4, Article 4, "Conservation (CD) Overlay District." Upon designation of an area as a 3 Conservation District, the designation shall be recorded on the ofFcial zoning maps of the City with the suffix "CD" and filed in accordance with the requirements set out in Chapter 4, Article 4, "Conservation (CD) Overlay District." b. Criteria for designation of scenic, cultural, architectural, or historical areas as a Conservation District An area must satisfy one or more of the following criteria in order to be nominated for consideration as a Conservation District based on its scenic, cultural, architectural or historical significance: i. Character of Fort Worth: Distinctive in character, interest or value as part of the development, heritage or cultural characteristics of the City of Fort Worth, State of Texas or the United States. ii. Architectural significance: Group of buildings, which are examples of a significant architectural style/design or innovation or have been identified as the work of an important architect. iii. Historic event or person: The site of a significant historic event or is identified with a person or persons who significantly contributed to the culture and development of the area. iv. Character of neighborhood: The area represents a resource, whether natural or man-made, which greatly contributes to the character or image of a defined neighborhood or community area. v. Historical area: An area that represents an historical significance to the City of Fort Worth. vi. Views and vistas: Dramatic views, horizon lines, urban scenes, and vistas. vii. Gateways: Is a primary gateway to the city. viii. Connecting routes: Routes that connect scenic areas even though the route itself is of marginal value. ix. Parks: City, state or federal parks and recreation areas or other areas that are maintained by the city parks and community services department. x. Natural features: Represents an example of a natural feature including: (a.) Streams, lakes and wetlands; (b.) Unusual geological formations; (c.) Recreational areas and floodplains; (d.) Outstanding areas of natural vegetation. 2. Stealth Telecommunication Tower and Antenna Designs: The Urban Design Commission shall review and approve, modify, or reject proposed designs for stealth telecommunication towers and all antennas that are surface 4 mounted on stealth telecommunication towers, structures, and enclosed buildings considering the materials, colors, textures, screening and landscaping designs of the equipment structure and any other permitted structures to determine the visibility, aesthetic impact, and compatibility to the surrounding natural or built environments. 3. Nomination of Urban Design Districts a. Designation The Urban Design Commission may nominate mixed-use growth centers and urban villages, or sections thereof, as Urban Design Districts. Nomination by the Urban Design Commission shall be in the form of a resolution requesting that the Planning and Development Department submit the nomination to the Zoning Commission for consideration. Applications and the procedure for designation of an Urban Design District shall follow the procedures outlined in Chapter 3, Article 5, "Text or Map Amendment." Upon designation of an area as an Urban Design District, the designation indicating the boundaries of the district shall be adopted as an exhibit to the Zoning Ordinance. b. Criteria Urban Design Districts, such as the Downtown Urban Design District, shall be unique areas in which mixed-use, pedestrian-oriented development is desirable. Urban Design Districts are overlay zoning districts or base districts within which the UDC or adistrict-specific body appointed by the City Council, has design review authority, as described in section E.4. 4. Guidelines and Certificate of Appropriateness: In order to enhance the character of the districts, encourage economic development and protect property values, the Urban Design Commission shall: a. Review and recommend to the City Council the approval or modification of proposed design guidelines for designated Urban Design Districts and Conservation Districts; and b. Review and approve, modify, or reject a Certificate of Appropriateness for new construction and renovations for compliance with the adopted design guidelines for designated Urban Design Districts and Conservation Districts that do not have a City Council approved design review board. 5. Design Standards Directed by City Council: In order to protect and enhance the character of the districts, encourage economic development and protect property values, the Urban Design Commission_shall review and approve, modify, or reject design standards for other applications as directed by the City Council 5 F. Notice 1. Nomination of Scenic, Cultural, Architectural or Historical Areas as a Conservation District: Written notice of any application before the Urban Design Commission for the nomination of any scenic cultural, architectural or historical area as a Conservation District shall be given at least ten days prior to any meeting to the owner or owners of the property within such area to be so designated, as such ownership appears on the last approved City Tax Roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States mail. The same notice and hearing requirements as for changes in zoning shall be followed by the Zoning Commission and the City Council at all hearings to designate any scenic, cultural, architectural or historical area as a Conservation District (See Chapter 3, Article 5 and Chapter 4, Article 4, "Conservation (CD) Overlay District"). 2. Stealth Telecommunication Tower and Antenna Designs: Written notice of all public hearings before the Urban Design Commission shall be sent to the owners of real property lying within 300 feet of the proposed site. Such notice shall be given not less than ten days before the date set for the hearing to all such owners, as the ownership appears on the last approved City Tax Roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States mail. Notice of the public hearing before the Commission shall also be given by publication one time in a paper of general circulation in the municipality at least 15 days before the time of the hearing and sent to all neighborhoods registered with the Planning and Development Department that include property within 300 feet of the proposed site. 3. Urban Design Districts: Written notice of any application before the Urban Design Commission for the nomination of any urban design district shall be given at least ten days prior to any meeting to the owner or owners of the property within the district, as such ownership appears on the last approved ad valorem tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States mail. G. Appeal Any aggrieved person or entity may appeal any decision of the Urban Design Commission, other than the nomination of an area as a Conservation District or Urban Design District (which is a recommendation to the Zoning Commission) to the Appeals Board. A written notice of appeal must be filed with the City Secretary within ten days after receipt of notification of the Commission's decision. The Appeals Board shall schedule a hearing on such appeal within 30 days after receipt 6 of the notice of appeal, or as soon thereafter as reasonably practicable. The Appeals Board may uphold, reverse, or modify the Commission's decision. SECTION 2. Except as expressly amended, all provisions of the Ordinance No. 13896, as amended, shall remain in full force and effect. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), 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 4. 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 5. 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 7 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 6. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No. 3011, Ordinance No. 13896, or any other ordinances affecting zoning that 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 maybe prosecuted until final disposition by the courts. SECTION 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. SECTION 8. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORIV,I.AND LEGALITY: Assistant City Attorney ADOPTED: October 23, 2007 EFFECTIVE: r~~.I'~1 ~ . 8