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Home My WebLink AboutOrdinance 20555-12-2012ORDINANCE NO. 20555-12-2012 AN ORDINANCE AMENDING THE COMPREHENSIVE 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 (1986), TO AMEND VARIOUS SECTIONS OF THE NEAR SOUTHSIDE DEVELOPMENT STANDARDS AND GUIDELINES AS PROVIDED BY SECTION 4.1305D. "OTHER DEVELOPMENT STANDARDS" OF CHAPTER 4, "DISTRICT REGULATIONS" OF ARTICLE 13, "FORM BASEDDISTRICTS" TO PROVIDE FOR REQUIREMENTS FOR MOBILE VENDING FOOD COURTS; TO ADD MOBILE VENDING FOOD COURTS AS A PERMITTED USE TO THE PERMITTED LAND USE TABLE; 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, in November 2007, the City Council created the Near Southside Zoning Districts to encourage high quality, pedestrian-oriented development in the near Southside; adopted the Near Southside Development Standards and Guidelines as part of the Zoning Ordinance; and established the Urban Design Commission and staff to administer those design standards; and WHEREAS, the City desires to improve the vitality of certain areas of Fort Worth, increase access to affordable and gourmet foods; encourage budding food entrepreneurs; and support local small business and economic development; and WHEREAS, such goals can be accomplished by providing purveyors of mobile food vending unit the opportunity to vend in a permanent location City-wide and in the Near Southside District; and Ordinance No. 20555-12-2012 Pagel of WHEREAS, Fort Worth South Inc. has provided input and worked with staff on the proposed amendments to the Near Southside Development Standards and Guidelines and has endorsed the proposed amendments, and WHEREAS, it is advisable to amend the Near Southside Development Standards and Guidelines to provide for requirements for mobile vending food courts and where mobile vending food courts may be a permitted use which will promote desirable development that is consistent with the urban design for the Near Southside District; and WHEREAS, Section 4.13051) of the Zoning Ordinance entitled "Other Development Standards" requires that any revisions to the Near Southside Development Standards and Guidelines must be considered by the Urban Design Commission, the Zoning Commission and the City Council; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS AS FOLLOWS: Section 1. Section 5.17. "Architectural Standards" of the Near Southside Development Standards and Guidelines is hereby amended to provide for requirements for mobile vendor food courts and where allowed as a permitted use in the Near Southside District to read as follows: S.F. Architectural Standards. 8. Mobile Food Court Review— the requirements of the Zoning Ordinance mobile vendor food court ordinance apply. Because of the diverse development conditions and unique mix of residential and non-residential uses within the Near 2 Ordinance No. 20555-12-2012 Page 2 of 5 Southside, all proposed mobile vendor food courts within the Near Southside District shall be reviewed by the Urban Design Commission for contextual compatibility with neighboring structures. Outside of driveways, bathrooms and other facilities required by Zoning Ordinance mobile vendor food court ordinance, all areas shall be landscaped, shaded, or otherwise improved to create spaces that are comfortable and appealing for food court users during business hours, and are also visually attractive and complimentary to the food court's surroundings during off hours. Bathrooms buildings are exempt from transparency and fenestration requirements. All building materials standards shall apply. Section 2. Section 6.C. "Permitted Land Uses" of the Near Southside Design Standards and Guidelines is hereby amended to allow mobile vendor food courts as an allowed use in the "NS-T4", "NS-T5" and "NS-T51" sub- districts and to not to allow as a use in the "NS-T4R", "NS-T4N" sub-districts. Section 3. This ordinance shall be cumulative of all provision of ordinances and 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. 3 Ordinance No. 20555-12-2012 Page 3 of 5 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 or 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 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 all violations of the provisions of Ordinance No. 13896 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. 4 Ordinance No. 20555-12-2012 Page 4 of 5 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 FORM AND LEGALITY: r Assistant City Attorney ADOPTED: December 18, 2012 EFFECTIVE: 5 Ordinance No. 20555-12-2012 Page 5 of 5 Notice Details - CITY OF FORT WORTH PUBLIC NOTICE CITY OF FORT WORTH PUBLIC NOTICE Notice is hereby given that the following ordinance was adopted by the Fort Worth City Council at their regular meeting held on Tuesday, December 18, 2012. ORDINANCE NO. 20555 -12 -2012 AN ORDINANCE AMENDING THE COMPREHENSIVE 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 (1986), TO AMEND VARIOUS SECTIONS OF THE NEAR SOUTHSIDE DEVELOPMENT STANDARDS AND GUIDELINES AS PROVIDED BY SECTION 4.1305D, "OTHER DEVELOPMENT STANDARDS" OF CHAPTER 4, "DISTRICT REGULATIONS" OF ARTICLE 13, "FORM BASEDDISTRICTS" TO PROVIDE FOR REQUIREMENTS FOR MOBILE VENDING FOOD COURTS; TO ADD MOBILE VENDING FOOD COURTS AS A PERMITTED USE TO THE PERMITTED LAND USE TABLE; 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. 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 fined not more than Two Thousand Dollars Page I of http:// www. legalnotice. org/ pUTemplates/ PrivateLabeU /popupIPrinterFriendly. aspx ?lD =6... 12/26/2012 Date DECEMBER 20, 201.2 TO: CHRISTINE LOPEZ, STAR - TELEGRAM (817) 390 -7522 (OFFICE)/ (81.7) 390 -7789 E -MAIL: clo ear l tasr -(,el,e rain.c4)i FROM: JANE, ANN MCGOWEN, CITY OF FORT WORTH (817) 392 -6150 (OFFICE) (817) 390 -6196 (FAX) NO. OF PAGE(S): 2 NOTE: PLEASE PROVIDE THE COST OF THIS PUBLIC" NOTICE AS WE MUST PREPARE A PURCHASE' ORDER FOR PAYMENT ACCORDING TO THE CITY'S PURCHASING POLICIES. THANK YOU FOR YOUR COOPERATION. ------------------------------------------------------------------------------------------------------------ PLEASE PUBLISH THE FOLLOWING NOTICE IN THE FORT WORTH STAR - TELEGRAM ON FRIDAY, DECEMBER 21 AND SATURDAY, DECEMBER 22, 2012 CITY OF FORT WORTH PUBLIC NOTICE Notice is hereby given that the following ordinance was adopted by the Fort Worth City Council at their regular meeting held on Tuesday, December 18, 2012. ORDINANCE NO. 20555-12-2012 AN ORDINANCE AMENDING THE COMPREHENSIVE 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 (1986), TO AMEND VARIOUS SECTIONS OF THE NEAR SOUTHSIDE DEVELOPMENT STANDARDS AND GUIDELINES AS PROVIDED BY SECTION 4.1305D, "OTHER DEVELOPMENT STANDARDS" OF CHAPTER 4, "DISTRICT REGULATIONS" OF ARTICLE 13, "FORM BASEDDISTRICTS" TO PROVIDE FOR REQUIREMENTS FOR MOBILE VENDING FOOD COURTS; TO ADD MOBILE VENDING FOOD COURTS AS A PERMITTED USE TO THE PERMITTED LAND USE TABLE; 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. Page 1 of 2 Section S. 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 S. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: /s/ Melinda Ramos Assistant City Attorney Adopted: December 18, 2012 A copy of this ordinance may be reviewed in the City Secretary's Office, Fort Worth Municipal Building/City Hall, 1000 Throckmorton, Fort Worth, Texas. /s/ Mar J. Kam yse� --- -- _ MARY J. KAYSER, CITY SECRETARY CITY OF FORT WORTH Page 2 of 2