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HomeMy WebLinkAboutOrdinance 26920-05-2024ORDINANCE NO.26920-05-2024 AN ORDINANCE AMENDING THE 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, BY AMENDING CHAPTER 4 "DISTRICT REGULATIONS, ARTICLE 13 "FORM -BASED DISTRICTS", SECTION 4.1300 "LOW INTENSITY MIXED -USE (MU-1) DISTRICT" AND SECTION 4.1302 HIGH INTENNITY M XED-USE (MU-2) DISTRICT" TO INCREASE THE PARKING STRUCTURE VEHICLE ACCESS FACING PUBLIC AND PRIVATE STREETS; 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, Chapter 211 of the Texas Local Government Code ("TLGC") authorizes the governing body of a municipality to adopt zoning regulations to promote the public health, safety, morals, or general welfare and protect and preserve places and areas of historical, cultural, or architectural importance and significance; and WHEREAS, Section 211.005 of the TLGC authorizes the governing body of a municipality to divide the municipality into districts of a number, shape, and size that the governing body considers best for carrying out the provisions of Chapter 211, General Zoning Regulations, within which districts the governing body may regulate the erection, construction, reconstruction, alteration, repair or use of buildings, other structures or land; and WHEREAS, it is the desire of the City Council to protect the future viability of development through, proper design and development standards; and WHEREAS, the long-term viability of the City is dependent upon adequate development standards; and WHEREAS, it is necessary to amend some design standards in order to not conflict with standards, guidelines, and policies that have been adopted by other city departments; and Ordinance No. 26920-05-2024 Page 4 of 4 WHEREAS, it is advisable to amend the zoning ordinance related to parking structure vehicle access to increase the size of the opening of the parking structure vehicle access facing public and private streets in low intensity mixed -use "MU-l" district and high intensity mixed - use "MU-2" district. 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", Section 4.1300(g)(1)(c) "Low Intensity Mixed Use ("MU-1") District", "Facade design standards", "Parking structure faces", and Section 4.1302(g)(1)(c) "High Intensity Mixed -Use ("MU-2") District", "Facade design standards", "Parking structure facades", to increase the size of the opening of the parking structure vehicle access facing the public right-of-way, to read as follows: 4.1300 (g) Facade design standards (1) Parking structure facades. a. Facade design. All parking structure facades that face a public space must be designed to incorporate architectural elements and materials that complement the adjacent building or buildings in the area. b. Ground level screening. Screening must be incorporated to minimize the visual impact of garages and parked cars at the pedestrian level. Landscaping, including trees and shrubs, may be utilized for screening purposes but must screen at least 50% of pedestrian level parking garage facades immediately upon installation, with species selected to eventually provide a full 100% screening. c. Parking Structure Openings. Parking structure vehicle access facing public and private streets excluding alleys, shalI not exceed 25 feet along the same frontage Parking entfanee Ordinance No. 26920-05-2024 Page 4 of 4 I . For multifamily buildings less than 150 feet in width, the parking structure opening, the parking structure, or both combined, shall not exceed 50% of the ground floor street facade, with the remaining facade for occupiable space. 2. For multifamily buildings 150 feet or more in width, the parking structure opening, the parking structure, or both combined, shall not exceed 25% of ground floor street facade, with the remaining facade for occupiable space. d. The property owner is responsible for maintaining all required landscaping in good health and condition and the removal of any litter that has accumulated in landscaped areas. Any dead, unhealthy, damaged or missing Iandscaping and screening must be replaced with landscaping and screening that conforms to this subsection within 90 days (or within 180 days where weather concerns would jeopardize the health of plant materials). 4.1302 (g) Facade design standards (1) Parking structure facades. a. Facade design. All parking structure facades that face a public space must be designed to incorporate architectural elements and materials that complement the adjacent building or buildings in the area. b. Ground level screening. Screening must be incorporated to minimize the visual impact of garages and parked cars at the pedestrian. level. Landscaping, including trees and shrubs, may be utilized for screening purposes but must screen at Ieast 50% of pedestrian level parking garage facades immediately upon installation, with species selected to eventually provide a full 100% screening. c. PyLking Structure O enin s. Parkin structure vehicle access facin public and rivate streets, excluding alleys, shall not exceed 25 feet along the same frontage. p.,.'dag stFaetur-e 1. For multifamily buildings less than 150 feet in width, the parking structure opening, the parking structure, or both combined, shall not exceed 50% of the ground floor street facade, with the remaining facade for occupiable space. 2. For multifamily buildings 150 feet or more in width, the parking structure opening, the parking structure, or both combined, shall not exceed 25% of ground floor street facade, with the remaining facade for occupiable space. d. The property owner is responsible for maintaining all required landscaping in good health and condition and the removal of any litter than has accumulated in landscaped areas. Any dead, unhealthy, damaged or missing landscaping and screening must be replaced with landscaping and screening that conforms to this subsection within 90 days (or within 180 days where weather concerns would jeopardize the health of plant materials). Ordinance No. 26920-05-2024 Page 4 of 4 SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (20I5), 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 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 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 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 No. 26920-05-2024 Page 4 of 4 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. All other provisions of the Zoning Ordinance of the City of Fort Worth not herein amended shall remain in full force and effect. SECTION 8. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: By: aypl-'K Christopher Austria Senior Assistant City Attorney ADOPTED: May 14,211 EFFECTIVE: Jannette S. GoodalI City Secretary 9-1 7O-4 o� 00�,► 0 0 0 0000 O 000 A Ordinance No. 26920-05-2024 Page 4 of 4