HomeMy WebLinkAboutOrdinance 26242-06-2023ORDINANCE NO. 26242-06-2023
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF FORT WORTH, BEING
ORDINANCE NO. 21653, AS AMENDED, CODIFIED AS
APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH
(2015), TO AMEND CHAPTER 4, "DISTRICT REGULATIONS"
ARTICLE 13, "FORM BASED DISTRICTS", SECTION 4.1305,
"NEAR SOUTHSIDE ("NS") DISTRICT" TO AMEND "THE NEAR
SOUTHSIDE DEVELOPMENT STANDARDS AND GUIDELINES"
AS PROVIDED BY SECTION 4.1305.D., "OTHER
DEVELOPMENT STANDARDS" TO CLARIFY THE
REQUIREMENTS FOR DIFFERENT TYPES OF SURFACE
PARKING LOTS AND TRANSITIONAL PARKING LOTS;
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, since the creation of the Near Southside Districts and the
implementation of the Near Southside Development Standards and Guidelines Fort
Worth South Inc. has provided input and worked with staff on amendments to the Near
Southside Development Standards and Guidelines to add flexibility to the current code,
maintain high standards of design, and to update exhibits and references to further
promote desirable development that is consistent with the urban design and economic
development goals for the Near Southside District; and
WHEREAS, it is advisable to amend the Public Spaces, Standards;
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WHEREAS, the amendments will provide clarification of the requirements for
different types of surface parking lots and transitional short-term parking lots; and
WHEREAS, Section 4.1305.D. 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.
The Near Southside Development Standards and Guidelines, as adopted and
incorporated into Ordinance No. 21653, the Zoning Ordinance in Chapter 4, "District
Regulations", Article 13 "Form Based Districts", Section 4.1305, "Near Southside (NS)
District", Subsection 4.1305.D. "Other standards," is hereby amended as set out in
Exhibit "A", attached and hereby incorporated into the Zoning Ordinance by reference,
amending various sections of the Near Southside Development Standards and Guidelines,
Section 5. "Development Standards and Guidelines", subsection E. "Parking and
Driveways" to provide clarification of the requirements for different types of surface
parking lots and transitional short-term parking lots which will provide clarity and
flexibility for the property owners in the Near Southside District. Copy of the Near
Southside Development Standards and Guidelines are available in the Development
Services Department.
Ordinance No. 26242-06-2023
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SECTION 2.
This ordinance shall be cumulative of all provision of ordinances and 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 3.
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 4.
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 5.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to
any all violations of the provisions of Ordinance Nos. 13896 and 21653 which have
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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 6.
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 7.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
Melinda Ramos, Deputy City Attorney
ADOPTED: June 13, 2023
EFFECTIVE:
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Janette S. Goodall, City Secretary
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Ordinance No. 26242-06-2023
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EXHIBIT A
NEAR SOUTHSIDE DEVELOPMENT STANDARDS AND GUIDELINES
AMENDMENTS — SECTION 5, SUBSECTIONS E AND G
SECTION 5. PARKWAYS AND DRIVEWAYS
E. Parking and Driveways
3. Surface Parking Lots (see below for Transitional Parking Lots) —Surface parking lots
are subiect to various standards outlined below, intended to minimize negative
impacts on the Near Southside's highly walkable environment. A parking lot is
defined as any on -site or auxiliary parking lot intended to operate for more than five
(5) years that is associated with a new or existing building.
a. Location of Parking Lots Serving On -Site Buildings and Uses — Lots shall be
located behind or to the side of buildings as depicted in the diagrams to the
right. GUIDELINE — Surface parking lots that front streets are discouraged; all
site plan options that minimize surface lots along public streets should be
explored.
b. Off -site Auxiliary Parking Lots— While allowed in the Near Southside, a stand-
alone long-term parking lot is discouraged unless essential to the meet the
general demand for parking supply for the auxiliary parking lot's immediate
vicinity. Auxiliary lots are subject to all standards applying to on -site parking
lots, except parking lot frontage standards in subsection 4 below.
c. Roadside Elements — The roadside elements required for new development
(e.g. pedestrian lights and street trees required by Section 5.6.3.) also apply to
new surface parking lots.
d. General Parking Lot Design Standards — Additional parking lot design
standards are contained in Section 6.201 of the Zoning Ordinance.
4. Maximum Surface Parking Lot Frontage For new on -site parking lots serving uses in
new or existing buildings, the percentage of parking lot frontage along any street
shall not exceed the following maximums:
e. 40% of the development site's total frontage length along a project's primary
streets, and
f. 70% of the development site's total frontage length along a project's
secondary 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.
5. Surface Parking Screening Parking lots that front a street shall be separated from
the sidewalk by a decorative and durable screen or landscaping at least 4 ft. in
height.
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GUIDELINE — Screening walls attached to buildings should be designed as
architectural extensions of the building, constructed of the same materials and
style. This requirement is not applicable to auxiliary parking lots.
6. Transitional Parking Lots. A transitional parking lot provides needed parking in
a high activity area without negatively impacting the site's long-term
development. A transitional parking lot is defined as any parking lot intended to
operate for up to five (5) years and is associated with a new or existing building.
7. Review of Transitional Parking Lot. Proposals for short-term transitional parking
lots consistent with all applicable development standards provided below may be
approved administratively by the Development Services Director without UDC
review. The UDC shall review proposals for transitional parking lots when a
waiver from the development standards is requested. The review will consider
the proposed transitional parking lot site's context and the transitional parking
lot's compatibility with surrounding properties and uses.
a. Eligibility for Review — At a minimum, the location must:
i. Address parking demand generated by off -premise construction,
projects, or uses, and/or
ii. Facilitate another site's desirable development as a parking lot and not a
staging site.
NOTE: This section and all standards applying to transitional parking lots do
not apply to construction staging lots primarily serving construction
vehicles, contractor parking, trailers, or other users directly associated
with a construction proiect. The duration of time for construction staging
sites shall match the construction project's duration of time.
b. Locations
i. Transitional parking lots are most appropriate in highly active business
areas with high demand for additional off-street parking.
ii. Proposed transitional parking lots should avoid direct frontage along
designated Main Streets (see map in section 4.C.1. ). See provisions in the
section below for contextual site standards applying to Main Street
locations.
c. Primary Design Features —The following elements should amply in most cases
(unless noted as required in all). Any proposal to exempt any of these core
features will be evaluated on a case -by -case basis, factoring specific site
conditions:
i. Dust free surface (required in all cases)
ii. Screening of public frontages, particularly in key pedestrian locations
iii. Wheels stops and other elements to delineate individual spaces and drive
areas
iv. Safety lighting
v. Curb and sidewalks along public street frontages
vi. Tree preservation (in addition to basic protection of significant trees)
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vii. Lots on designated Main Streets — Lots should include a buffer setback
along the Main Street's frontage. The buffer setback should include
landscaping and/or other elements as well as a vertical edge element
along the Main Street sidewalk
viii. Pay to Park Lots — Visible signage clearly showing fees, time limits, and
payment methods
d. Duration (Time Period) and Renewal
i. Because transitional parkina lots are intended to meet narking demand in
high activity areas while also facilitating the future development of the
sites, the duration or time period for a transitional parking lot is may
range from one (1) to five (5) years, provided however, that a shorter
time period may be approved administratively as determined by the
Development Director or UDC, as applicable, using the criteria listed
section 7.a, above.
ii. Renewal —Applications for renewal of a transitional parking lot must be
filed not later than 90 days before the expiration of the transitional
parking lot's time period and may be approved administratively. Each
transitional parking lot is allowed only one (1) renewal.
iii. Denial of Renewal — If the transitional parking lot has not been
constructed within the timeframe of the approved Certificate of
Appropriateness (COA) for the project (two (2) years), and Development
Director or the UDC determines that there has not been significant
progress toward the site's development then the requirements of a
permanent parking lot would apply, if the site were to continue use a
parking lot (e.g. pedestrian lights and street trees installed along
roadside, canopy trees planted within the lot, permanent screening along
sidewalks).
NOTE: Short Term Construction Staging Sites
Short Term Construction Staging Sites will be reviewed administrativelv before
the construction project's permit process. Time limits for construction staging
sites shall match the construction project's time limits, but shall not exceed
three (3) vears.
G. On -Site Landscaping
1. Tree Preservation and Canopy Requirements
b. Trees in Surface Parking Lots — All new construction projects that
include long-term surface parking shall provide at least 40% tree canopy
coverage of surface parking lots (refer to the categorized list of canopy
trees on the following page.)
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