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HomeMy WebLinkAboutOrdinance 17024-06-2006ORDINANCE NO. 17024-Ob-2006 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13$96, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING SECTION 6.201 "OFF-STREET FARMING REQUIREMENTS" OF ARTICLE 2, "OFF-STREET PARKING AND LOADING" OF CHAPTER 6, "DEVELOPMENT STANDARDS" TO ESTABLISH MINIMUM PARKING REQUIREMENTS FOR USES IN OR WITHIN TWO HUNDRED FIFTY FEET OF ONE OR TWO FAMILY ZONED PROPERTY; TO AMEND SECTIONS 4.902.D, 4.903.D, 4.i00LD, AND 4.1002.D, "OTHER DEVELOPIVIENT STANDARDS' OF CHAPTER 4; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Zoning Commission established a Commercial Zoning Task Farce to evaluate concerns regarding the applicability of certain commercial and industrial uses; and, WHEREAS, the Task Force reviewed the commercial uses and develaprnem standards as they relate to the Comprehensive Plan and appropriateness as a Neighborhood and Genexal Commercial Use as well as some industrial uses; and, WHEREAS, it was found that some uses were nonexistent or incorrectly categorized by zoning district; and, WHEREAS, the Zoning Commission has endorsed the recommendations of the Task Force and the Central City Revitalization and Economic Development Council Committee has approved consideration of these recommended changes to the Zoning Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. Subsection B. "Required Ofd=Street Parking" of Section 6.201 "Oi~r-Street Parking Requirements" of Article 2, "Ofl=Street Forking and Loading", Chapter 6, "Development Standards", of Ordinance No. 13896, the zoning ordinance of the City of Fort Worth, is hereby amended to establish minimum parking requirements for uses in residential zoned property ar within five hundred feet of One or Two Family zoned property to read as follows: 6.01. ®ff-Street Parking Requirements B. Required ®ff-Street Parking Minimum Parking Requirements: The following table establishes the minimum parking requirements for uses located in residential zoned property or within two hundred fifty feet (250') of One or Two-Family zoned property. Far all other uses, na minimum parking spaces shall be required. Maximum Parking Requirements: The maximum number of parking spaces shall not exceed 125% of the minimum parking requirement for all uses listed in the table set out below. Parking in excess of the maxiznuarza shall be allowed by meeting the requirement of one tree above the minimum required under Chapter 6, Article 3, for every additional ten (10) parking spaces beginning with the first additional parking space and for each ten (10) spaces thereafter. RESIDEN'li I .,.. ..,.... ---n_~ Residential unit: one-farnily up l to 4 spaces per dwelling unit (see individual districts for details) to four family Multifamily residential (Unified 1 space per bedroom plus l space per 25Q square feet of common Residential Development) areas, offices and recreation (less laundry rooms and storage). Two spaces :tray be tandem if assigned to the same unit and restricted from use for story e. IPiJBLtC AND;"C~'IC College or University l space per 2 teachers and administrative staff plus l space per 4 additional ennployees plus 1 space per 3 students residing on campus lus 1 s ace er 5 students not residin on cam us nay care, kindergarten 1 space per facility plus 1 space per l0 children (as licensed by the state in back of front buildin line Fraternit , sorori 1 s ace er 2 residents Hospital 1 space per bed for patients/visitors/doctors lus 1 s ace er 4 nurses/other em to ees Medical clinic, health services 1 space per doctor facility, assisted living facility plus 1 space per 4 employees lus 4 s aces er 1,000 s care feet of ross floor area Nursing Name or medical care 1 space per 4 beds for visitors/doctors facility lus 1 s ace er 4 nurses/other em to ees Place of worship 1 space per ~ seats in sanctuary or worship area in residential districts 1 space per 5 seats in sanctuary or warship area in non-residential and mixed-use distriets School, elementary and junior 1 space per 12_students hi h ublic or rivate) School, high school (public or 1 space per 1.75 students private} plus 1 space per 5 stadium seats (maybe double counted} COMMERC~~ Banks 4 s aces er 1 000 s uare feet Bed and breakfast home 2 spaces per owner/operator 1 s ace er bedroom for uests Bed and breakfast inn 2 spaces per owner/operator plus 1 space per bedroom for guests plus 1 space per 2 employees lus 1 s ace to service additional traffic Boarding or lodging house 1 space far proprietor plus 1 space per 2 boarding/lodging sleeping rooms lus 1 s ace er each ~} em to ees Bowling alley 4 spaces per lane/alley plus 1 space per 4 seats of restaurant or cafe lus 1 s ace er 4 em la ees Commercial business, retail 9 spaces per 1,000 square feet (25% reduction for conversion from sales and service (except large amore restricted use) retail see 5.133.A.10 Construction sales office 2 s aces er unit behind front ro er line Hotel l space per bedroom unit plus 1 space per 4 patron seats in rooms open to public lus 5 s aces er 1,000 s ware feet of dis lay/ballroom area Model home 2 s aces er unit behind front ro ert line Office, rofessional buildin 2.5 s aces er 1,000 s care feet of ross floor area Outdoor amusement (for more 1 space per 5 participants/spectators based on maximum capacity than 3 days) Private club, cocktail lounge 1 space per guest room or suite pies 1 space per 4 seats plus 5 spaces per 1,000 square feet of ballroom available to nonresidents lus 1 s ace er 4 em la ees Restaurant, cafeteria 1 space per 100 square feet (25% reduction for conversion from a more restricted use) lus 1 s ace er 4 em to ees Retail stare, lar a See Section 5.133A. l0 Theater, auditorium, place of 1 space per 4 seats in main auditorium public assembly plus S spaces per 1,000 square Feet of ballroom/similar area lus ] s ace er 4 em to ees Waiku business 4 s aces er 1,000 s uare feet __ IN~USTRLLL Industrial building 2 spaces per 1,000 square feet gross floor area ar 1 s ace er 3 em to ees, whichever is renter Warehouse building 1 space per 4 employees 4 s aces nninimum SEC'1'T®N Z. Sections 4.902.D, 4.903.D, 4.1001.D and 4.1002.D, Chapter 4, "Other Development Standards", of Ordinance No. 13896, the zoning ordinance of the City of Fort Worth, is hereby atx~ended to establish minimum parking requirements far residential and camrnercial uses in MIJ-l, MLT-l G, MU-2, anal MU-2G zoned property to read as follows: 1:D. Other I9eveloprnent Standards Development in the Law intensity 1Hixed-[1se ("MLI-1 ") District shall be subject to the pertinent development standards in Chapter 6, and the following provisions. 1. Df[?~8treet Parki~tg and Loadlug a. Commercial uses that are located beyond two hundred fifty feet (250') of One ar Twa Family zoned property, excluding other Mu districts, do not require parking. b. Townhouses require a minimum of one offTstreet parking space per dwelling unit, with a maximum of two off street parking spaces per unit. For uses other than townhouses in the Low Intensity Mixed-Use ("M11-1 "} District, that fail within 500' of residentially zoned property, excluding other MU districts, the parking requirements fisted in Section 6.201 B shall be reduced by the fallowing proportions: i. 25 percent reduction for all uses in buildings not within 1,000 feet of an entrance to a passenger rail station, with the maximum number of parking spaces limited to 100 percent of the minimum requirement listed in Section 6.201 B; or, ii. 50 percent reduction for all uses in buildings whose primary entrance is within 1,000 feet of an entrance to a passenger rail station or rail stop, with the maximum number of parking spaces limited to 100 percent of the minimum requirement listed in Section 6.201 B. 4 c. For mixed-use buildings and projects within 500' of residentially zoned property, excluding other MLl districts, the total parking requirement shall be the sum of the individual requirements for all uses. A joint use parking agreement, if executed according to the standards set forth in section e below, would allow a reduction in the total requirement for amixed-use building or project. d The required off-street parking for any use may be located off site, on property within 500 feet of the subject site. e. Adjacent on-street parking may be applied toward the minimum parking requirements, but shall not reduce the pertinent maximum parking limitations. is ]aint use parking facilities are encouraged within 500' of residentially zoned property, excluding other Mu districts. Uses may provide mare than the maximum number of parking spaces if the additional spaces are provided as part of a joint use parking facility. However, if the joint use parking facility is a surface parking lot, the total number of spaces in the surface lot shall not exceed the sum of the maximum spaces apowed for a[I individual uses sharing the Facility. This (unit shall not apply to a multilevel parking garage that is used as a joint use facility. ]aint use of required parking spaces may occur where two or mare uses an the same site ar an separate sites are able to share the same parking spaces because their parking demands actor at different times. point use of required parking spaces is allowed if the following documentation is submitted in writing to the Development Department as part of a building permit application or site plan review: i. The names and addresses of the uses and of the owners or tenants that are sharing the parking; i€. The location and number of parking spaces that are being shared; iii. An analysis showing that the peak parking demands for the different uses occur at different times, and that the parking area will supply at least the minimum number of required spaces for each use during its respective peak parking times; and, iv. A legal instrument such as an easement ar deed restriction that guarantees access to the joint parking for all uses. g. Surface parking shat[ not be permitted between a building front and the street,except that angled, perpendicular, or parallel parking that is partially or completely located on private property shall be permitted if it meets the following two conditions: i. The City's Traffic Engineer determines that the parking does not adversely affect public safety or circulation and satisfies the conditions described in Section 22-175d of the City Cade, and ii. The parking is located adjacent to and is directly accessible from a public street ItOW or a publicly accessible private street. !n these situations, the front yard setback shall be measured from the front of the parking space instead of the property line and the setback shall be no greater than 20 feet. h. Uses located in historically significant buildings shall be exempt from offstreet parking requirements. Far the purposes of this exemption, historically S significant buildings shalt include those determined by the Historic Preservation Officer to be eligible, based on the applicable criteria, far: i. Listing in the Tlational Register of Historic Places; or ii. Local designation as either Historic and Cultural Landmark ('fHC") or Highly Significant endangered ("HST"}. i. These requirements supersede the parking requirements of Section 6.201 B. All other requirements of Chapter 6, Article 2 apply. ~ECTfd.~N 3. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Dart Worth, Texas (1956), 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. SEC'lf'IOI~ 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 ar section. of this ordinance sha11 be declared unconstitutional by the valid judgment ar decree of any court of competent jurisdiction, such unconstitutionality shall not ah`'ect 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. ~EC'1<'ION 5. Any person, firm or corporation who violates, disobeys, omits, neglects ar 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. 6 sECT~oN s. All rights and rerrkedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations ofthe provisions ofOrdinance No. 3011, Ordinance No. 13596 or 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 crirni~nal, 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 7. This ordinance shaIl take effect upon passage and publication as required by law. API' OVED AS TO FORM AND LEGALITY: Assistant City ttorney ~~z ©~~~ ADOPTED: ~.__._r EFFECTIVE:,,, ~__~ 7