HomeMy WebLinkAboutOrdinance 27381-12-2024ORDINANCE NO.27381-12-2024
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" TO AMEND ARTICLE 3 "PLANNED DEVELOPMENT
("PD") DISTRICT" TO REPEAL GAME ROOM DEVELOPMENT
STANDARDS IN SECTION 4.305.0 AND RESERVE SUBSECTION; TO
AMEND SECTION 4.803 "NONRESIDENTIAL DISTRICT USE TABLE"
TO AMEND GAME ROOMS TO REVISE DISTRICTS WHERE USE IS
NOT PERMITTED AND REVISE REFERENCE TO SUPPLEMENTAL
USE STANDARD; TO AMEND 41203, "FORM BASED DISTRICTS USE
TABLE" TO ADD "GAME ROOM" TO THE USE TABLE, ADD WHERE
USE IS NOT ALLOWED AND ADD REFERENCE TO SUPPLEMENTAL
USE STANDARD; TO AMEND CHAPTER 9, "DEFINITIONS", SECTION
9.101, "DEFINED TERMS" TO REMOVE THE DEFINITIONS OF
"AMUSEMENT REDEMPTION MACHINE," "GAMBLING DEVICE"
AND "GAME ROOM"; 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, on October 14, 2014, the City Council adopted Ordinance No. 21499-10-
2014 adopting zoning regulations for game rooms and amusement redemption machines in the
City of Fort Worth; and
WHEREAS, in City of Fort Worth v. Rylie, Court of appeals Second appellate District
of Texas No. 02-17-00185-CV, the Second Court of Appeals of Texas, Fort Worth, found that
electronic gaming machines, the amusement redemption machines that includes games that are
more commonly referred to as "eight -liners", were unconstitutional because they are illegal
lotteries as they require consideration for a chance to win a prize, and that city ordinances
regulating such machines were not preempted by the Texas Occupation Code; and;
WHEREAS, game rooms that operate amusement redemption machines, such as but not
limited to eight liners, can have a deleterious effect on both the existing businesses around them
and the surrounding residential areas adjacent to them, causing increased crime, such as
gambling, theft, criminal trespass, criminal mischief, and burglary; and
Ordinance No.27381-12-2024
Page 1 of 7
WHEREAS, game rooms that operate amusement redemption machines have
objectionable operational characteristics contributing to urban blight and downgrading the
quality of life in the adjacent area; and
WHEREAS, the City Council desires to minimize and to control these adverse effects
and thereby protect the health, safety, and welfare of the citizenry; protect citizens from
increased crime; preserve the quality of life; preserve property values and character of
surrounding neighborhoods and deter the spread of urban blight; and
WHEREAS, the City Council of Fort Worth has determined that it is in the best interest
of the public health, safety, and general welfare to prohibit the operation of said electronic
gaming devices and game rooms and within the City of Fort Worth; and
WHEREAS, the City Council is amending the Zoning Ordinance to prohibit game rooms
and amusement redemption machines from operating in the City
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
Chapter 4, "District Regulations", Article 3, "Planned Development ("PD") District,
Subsection 4.305.C. "Specified Commercial Uses Permitted in VD" District only" of Ordinance
No. 21653, the Zoning Ordinance of the City of Fort Worth, is hereby amended to delete item
numbers 1 through 5 and delete item number 6 related to the development standard language for
game rooms and reserve that subsection, to read as follows:
4.305 Uses
C. Reserved
MINOR
Ordinance No. 27391-12-2024
Page 2 of 7
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Ordinance No. 27381-12-2024
Page 3 of 7
SECTION 2.
Chapter 9, "Definitions" of Ordinance No. 21653, the Zoning Ordinance of the City of
Fort Worth, Section 9.101, "Defined Terms" is hereby amended to repeal the definitions for
gambling device, game room and amusement redemption machine as follows:
9.101 Defined Terms
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Ordinance No. 27381-12-2024
Page 4 of 7
Game r-eem means a building, faeilit�, er ether plare wher-e one or- fnere amusefflont r-edemptien
SECTION 3.
Chapter 4, Article 8, of Ordinance No. 21653, the Zoning Ordinance of the City of Fort
Worth, Section 4.803, "Non -Residential District Use Table" is hereby amended to revise section
"Entertainment and Eating", to revise "Game rooms" to delete " l)" under the "I," ..P and "K"
columns leaving the cells empty to indicate the use is not allowed and replace the reference to
section 4.305.0 with section 5.105 under the Supplemental Standards column.
SECTION 4.
Chapter 4, Article 12, of Ordinance No. 21653, the Zoning Ordinance of the City of Fort
Worth, Section 4.1203, "Form Based Code District Use Table" is hereby amended to add "Game
room" to the list of uses in the category "Entertainment and Eating" with an empty cell under all
zoning districts to indicate the use is not allowed and adding a reference to section 5.105 under
the Supplemental Standards column.
SECTION 5.
Chapter 5, Article 1, of Ordinance No. 21653., the Zoning Ordinance of the City of Fort
Worth, is hereby amended to amend Section 5.105, "Reserved" to retitle the section to "Game
room" to and to add language to add a reference to Section 23-22 of the City Code to not permit
game rooms in all zoning districts and to clarify that a conditional use permit overlays shall not
be granted for said use, to read as follows:
Sec. 5.105 Game room
A game room as defined in Section 23-22 of the City Code is not permitted in all zoning districts
A conditional use permit overlay shall not be granted for a game room.
Ordinance No. 27381-12-2024
Page 5 of 7
SECTION 6.
This ordinance shall be cumulative of all other ordinances of the Code of the City of Fort
Worth, Texas (2015), as amended, affecting zoning and shall not repeal any of the provisions of
such ordinances, except in those instances where provisions of such ordinance are in direct
conflict with the provisions of this ordinance.
SECTION 7.
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of Ordinance Nos. 3011, 13896, 21653 or any amendments thereto 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 or criminal, same shall not be affected by this ordinance but may
be prosecuted until final disposition by the courts.
SECTION 8.
That 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 void, ineffective or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
voidness, ineffectiveness or 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 herein of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 9.
That 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
Ordinance No. 27381-12-2024
Page 6 of 7
fined not more than Two Thousand Dollars ($2000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 10.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish 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 11.
This ordinance shall take effect after adoption and publication as required by law.
APPROVED AS TO FORM .AND LEGALITY:
By: A"j Vj -
Melinda Ramos, Deputy City Attorney
Jannette S. Goodall, City Secretary
Adopted: December 10, 2024
Effective:
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Ordinance No. 27381-12-2024
Page 7 of 7
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at five times greater in canopy area than the removed specific tree canopy. The
additional planting of five to one (5 to 1) will be in excess of the required tree
coverage on the site and can be provided offsite when designated as part of the
associated urban forest permit and entered into a conservation easement;
3. Payment into the tree fund in accordance with Section 2-322 of the City Code for
the mitigation fees for the removal of significant trees.; or
4. Urban design commission approves a plan that mitigates the removal of significant
or large trees.
Southern magnolia
Magnolia grandiflora
Not recommended for high heat areas
Texas red oak
Quercus buckleyi
Trident maple
Acer buergerlanum
*Western
soapberry
Sapindus saponaria
mall Canopy Trees (less than 25 feet tall or 10 inches in diameter when mature)
American smoketree
Cotinus obovatus
Carolina buckhorn
Frangula caroliniana
Not recommended for high heat areas
Cherry -laurel
Prunus caroliniana
*
Crapemyrtle
Lagerstroemia indica
*
IDesert willow
Chilopsis linearis
*
Eve's necklace
Styphnolobium affine
Indian cherry
Frangula caroliniana
Japanese maple
Acerpalmatum
Not recommended for high heat areas
Mexican buckeye
Ungnadia specioso
Mexican plum
Prunus mexicana
Possumhaw holly
llexdecidua
Rough -leaf dogwood
Cornus drummondil
Not recommended for high heat areas
Rusty blackhaw
Viburnum rufidulum
*
Texas persimmon
Diospyros texana
exas redbud
Cercis canadensis var. texensis
axmyrtle
JMyrica cerifera
*
aupon holly
Illex vomitoria
*
Drought tolerant species
Preservation of significant or large trees.
a. Significant trees 24 inches in diameter (75.36 inches in circumference) for protected
species and 18 inches in diameter (56.55 inches in circumference) for Post Oaks and
Blackjack Oaks can only be removed by permit of the city forester. The reduced diameter
for Post Oaks and Blackjack Oaks is in recognition of the naturally occurring Post Oak
Savannahs within the Cross Timbers Zone. Preservation of a significant tree will be
credited to the required canopy cover one and one-half times the actual canopy size.
b. Significant trees maybe removed if one of the following conditions is met:
1. An area one and one-half times the area of the canopy of the tree identified for
removal is retained on the same site or offsite when designbted as part of the
associated urban forest permit and entered into a conservation easement. The
one and one-half retention of existing trees shall be of the same species as the
tree being removed if Post Oak or Blackjack Oak and be in excess of the required
tree coverage on the site/tract;
2. Planting of new trees from the preferred list (see Table B of subsection (1) below)
Attachment A - Tree Standards
Preservation of existing canopy coverage using protected trees only. See Table A below for a list
of protected and preferred trees.
At least 25% of the protected trees must be retained, 50% of the post oaks and blackjack
oaks must be preserved onsite or offsite when designated as part of the associated
urban forest permit, provided however, significant or large trees must be preserved as
outlined in subsection below.
II. An onsite tree survey noting the location, size and species (diameter of trees six inches or
greater) and canopy coverage of each protected tree with a diameter of six inches or
greater will be required. This survey shall be completed and signed/sealed by one of the
following: Texas licensed landscape architect, certified arborist, Texas licensed
landscape contractor or Texas certified nurseryman.
Table A. Protected Species and Preferred Planting Trees
Large Canopy Trees (over 40 feet tall and 20 inches or more
in diameter when mature)
Baldcypress
Taxodium distichum
Black walnut
Juglans nigra
*
Bur oak
Quercus macrocarpa
*
Cedar elm
Ulmus crossifolia
*
Chinquapin oak
Quercus muhlenbergii
Lacebirk elm
Ulmus parvifolia
*
Live oak
Quercus virginiana
Pecan
Carya illiroinensis
Not recommended for high heat areas
Pond cypress
Taxodium ascenders
Post oak
Quercus stellate
Must preserve 50% if on site
Red oak
Quercus shumordii
Not recommended for high heat. areas
Medium Canopy Trees.(25 to 50 feet tall,10 to.20 inches in diameter
when mature)
*Afghan
pine
Pinus elderica
*Arizona
cypress
Hesperocyparis arizonica
Blackjack oak
Quercus marilandica
Must preserve 50% if on site
*
Bigtooth maple
Acer gran didentatum
*
'Caddo' maple
Acersoccharum `Caddo'
Chinese pistache
Pistache chinensis
*
Eastern redcedar
Juniperus virginiana
Ginkgo
Ginkgo biloba
apanese Black Pine
Pinus thunbergiana
Lacey oak
Quercus laceyi
*
Monterrey oak
Quercus polymorpha
Shantung maple
Acer truncatum
Shin oak (Bigelow),
Quercus sinuata var. breviloba
to a publicly accessible street or open space shall include at least two
variations in wall plane per 100 linear feet. Variations shall be not less than
three feet in depth or projection.
j. Fenestration
i. Architectural walls, fences, non -conditioned architectural elements or
buildings, Religious Structures, Monuments, Stupas, Prangs (brick towers),
or other non-commercial building facades are not required to conform with
Fenestration Requirements.
Building Materials
i. Not less than 50 percent (50%) of all new building facades (not including
door and window areas) shall be constructed of the following materials:
stone, brick, terra cotta, patterned pre -cast concrete, cement board
siding, cast stone,or prefabricated brick panels, tile, metal, wood, or
stucco.
M. Building Entries
1. Building entrances shall incorporate arcades, roofs, porches, alcoves or
awnings that protect pedestrians from the sun and rain.
ii. Each use with exterior, street -oriented exposure shall have an individual
public entry from the street or from a publicly accessed courtyard.
iii. Primary entrances shall be provided at intervals not to exceed 125
linear feet of street -oriented residential building frontage.
Page 16
ii. Gates will be constructed per the PD site plan and supporting plans.
h. Facade design standards for new construction
i. Statement of Intent - The following design standards are intended to
encourage new buildings that complement neighborhood character, add
visual interest, and support a pedestrian -oriented environment. The
standards are not intended to encourage architectural uniformity or the
imitation of older buildings.
ii. Required Drawings - To illustrate compliance with the following
standards, developers shall submit with the site plan, elevation drawings
for those building facades that are oriented to:
• Public streets;
• Private streets and walkways that are publicly accessible
through a public access easement; or
• Publicly accessible open space.
Facade Variation
i. Applicable to Tract 3 only. Tract 4 shall not be restricted to the following
requirements.
ii. Each new building facade or architectural site wall oriented to a publicly
accessible street or open space shall at a minimrim incorporate three or
more of the following four scaling elements for building facades greater
than 50 feet in width, and at least two of the following elements for building
facades less than 50 feet in width:
• Expression of building structural elements such as:
• Floors (banding, belt courses, etc. not less than one
inch deep and four inches wide),
• Columns (pilasters, piers, quoins ,lintels, chofa
(rooftop ornamentation), decorative articulation,
brackets, awnings, etc. not less than four inches deep
and six inches wide), or
• Foundation (water tables, rustication);
• Variation in wall plane (not less than 98"-24" inches) through the use
of projecting and recessed elements. Such elements could include
patterns of door and window openings (and the use of sills, mullions,
and other scale providing window elements), and/or more
pronounced architectural features, such as porches, alcoves, and
roof dormers; lintels, colonnades, porticos, overhangs, etc.
• Changes in material or material pattern. Each change of
material shall involve a minimum 6" variation in wall plane; and
• Changes in color.
• Use of decorative elements
iii. Each sequential block of new construction shall contain a unique building
facade so as to encourage architectural variety within large projects, using
the required architectural elements listed in Section a.H. above and/or other
architectural features. Facades associated with the stupa and other
religious worship facilities shall not be limited to this requirement.
iv. New Community/Religious Dormitory residential building facades oriented
Page 15
Rosedale Street
3. Signage area not to exceed 140sf
ii. Primary Ceremonial Entry Gate
1. Functions as a primary entrance into the campus facing
Rosedale Street,
2. The area of lettering is limited to 120 square feet.
iii. Secondary Ceremonial Entry Gate
1. Functions as a secondary entrance into the campus facing
South Edgewood Terrance.
2. The area of lettering is limited to 120 square feet.
iv. Medium Stupas
1. Medium stupas (as shown in the plans) are memorial items on
the site to honor certain patrons or donors. These are excluded
from the signage ordinance.
2. Not visible from Rosedale Street.
v. Small Stupas
1. Small stupas (as shown in the plans) are memorial items on the
site to honor certain patrons or donors. These are excluded
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2. Not visible from Rosedale Street.
Figure 1.
f. Entrances
L In order to create a pedestrian -oriented environment in which the main
stupa is oriented toward publicly accessible streets and sidewalks, it
must have its main entrance from a private sidewalk or plaza that is
connected to public accessible sidewalks or plazas.. Non main stupa
entrances from parking lots are permitted. Interior buildings constructed
as part of a campus development are exempt from these requirements.
g. Fences and gates
i. Fences and site enclosing walls up to 10 feet high shall be allowed
within the side and rear setbacks of Tracts 3 and 4.
Page 14
b. Off -Street Parking and Loading
i. Parking for all tracts will be provided on Tracts 1, 2 and 3.
ii. Tracts 1, 2 and 3 are required to have a combined minimum of 120
spaces
iii. No maximum number of parking'spaces
iv. Surface parking shall be permitted between a building front and the street
but is limited to a single drive aisle with double loaded spaces
c. Landscaping and Buffers
i. Tracts 1, 2, 3 and 4 will be considered a non-residential district.
ii. Submittal of Landscape Plan is required. The location and description of
decorative paving, sidewalk, furniture or other decorative elements
(including religious iconography, statuary, ornamentation, plant
materials, etc) shall be indicated on the landscape plan when presented
during the Site Plan submission stage.
iii. Landscape Area Required. When there is a front yard setback of at
least five feet, front yard landscaping is required. This front yard
landscaping must -adhere to the tree and shrub planting requirements
of Section 6.301.H. as well as other applicable landscaping
requirements described or referenced within the CF regulations.
Street trees planted in the parkway abutting the property may be
credited towards the tree planting requirement described in Section
6.301.H. if the property owner assumes responsibility for their
maintenance through formal agreement with the Parks and
Recreation Department. This credit is applicable to properties with or
without required front yard landscaping. Campus living shall conform
to the requirements of institutional uses in Section 6.301.H.
1. Edgewood Terrance is considered the "front" yard.
2. East Rosedale is considered a "side" yard.
iv. Irrigation: An irrigation system shall not be required if the landscape
plan demonstrates that use of drought resistant plants do not require
irrigation. Trees shall require an irrigation system, regardless of
species, and the irrigation system may be provided entirely within the
property boundary.
v. Miscellaneous Requirements: Sections 6.301.J shall not apply. In
addition to required trees and shrubs, all of the required landscape area
must be covered with grass, organic mulch, live groundcover, decorative
paving, sidewalk furniture or other decorative elements.
d. Landscaping in Parking and Driveway Areas
i. Landscape islands shall be required in parking lots with 12 or more
parking spaces. The total area of each landscape island shall be a
minimum of 162 square feet.
e. Signs
Sign requirements included in chapter 6.408 and 6.409, shall apply to the
district, with the following exception(s):
i. Main Entry Sign
1. Per the spec included, Figure 1
2. Allowed within the building setback of Tract 4 oriented along
Page 13
ii. Rear Yard: 5' minimum, unless adjacent to an alley, then 0'
iii. Side Yard: 5' minimum
iv. Maximum Height: 2 stories `
b. Tract 2
Tract 2 is to include those uses as listed in the above chart and are subject to the
applicable sections of the Zoning Ordinance.
i. The living quarters use is for the resident monks, nuns and traveling
members of the church, meditators, and similar uses related to the
religious facility. These rooms are not multi -family nor for long-term
rentals.
ii. Front Yard: 20 minimum
iii. Rear Yard: 5' minimum, unless adjacent to an alley, then 0'
iv. Side Yard: 5' minimum
c. Tract 3:
Tract 3 is to.include those uses as listed in the above chart and are subject to the
applicable sections of the Zoning Ordinance.
L The living quarters use is for the resident monks, nuns and traveling
members of the church, meditators, and similar uses related to the
religious facility. These rooms are not multi -family nor for long-term
rentals.
ii. Front Yard: 20 minimum
iii. Rear Yard: 5' minimum, unless adjacent to an alley, then 0'
iv. Side Yard: 5' minimum
v. Maximum Height: 40'
d. Tract 4:
Tract 4 is for the Sacred Stupa, religious facility and subject to the Zoning
Ordinance with the following modifications:
i. Front Yard: 20 minimum
1. Enclosing wall be outside of the front setback along Rosedale
Street.
ii. Rear Yard: 5' minimum
iii. Side Yard: 5' minimum
iv. Maximum Height: stupa or steeples are limited to 175' height
E. Other Development Standards
a. Urban Forestry
L Notes:
1. To be consistent with an upcoming revision to the Urban Foresty
ordinance, low quality trees are not included in the calculations for
this site.
ii. Tree Preservation percentage for the development (all tracts)
1. Before construction: 25%
2. After construction: 5%
3. Waiver for the standard existing canopy preservation requirement.
4. Provided canopy for institutional use of 30% will be met.
5. Provided canopy for parking use of 40% will be met.
iii. Significant Tree Preservation and Mitigation
1. Subject to Attachment "A".
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EXHIBIT A
"PD" Planned Development for certain "CF" Community Facilities uses detailed in attached Exhibit A and on file in the
Development Services Department, plus the following accessory uses to a place of worship: visitor lodging, event
center, exhibit hall, vendor food court, and indoor storage; Specific development standards for height, parking, signs
and urban forestry attached as Exhibit A and on file in the Development Services Department; site plan required
SACRED STUPA DISTRICT
900-1100 blocks South Edgewood Terrace and 4627-4811 (odds) East Rosedale Street
Existing Zoning: E, B & I
Proposed Zoning: PD-CF
Purpose: Amending existing E, I and B districts to a Planned Development with
"CF" as the base district. A site. plan will be submitted and processed at a
later date.
Nomenclature; "Sacred Stupa District" is interchangeable with "PD-CF"
A. Purpose and Intent
It is the purpose and intent of the Sacred Stupa District (PD-CF) to provide a unified
development for the religious institution to contain a stupa with associated parking and
facilities to accommodate visitors at the address listed above.
B. PD Site Plan
Prior to building permit, an approved PD Site Plan will'be required for each Tract as
defined in this narrative. Each PD Site Plan can contain one or more tracts at a time.
C. Uses
All uses in the CF district are included with the following allowances:
Uses Specifically Not Allowed:
Country club (private or public), golf course, golf driving range, wastewater treatment
facilities, water supply facilities, water treatment or storage facility, gas drilling, gas
production and/or gas lift compressor station.
Uses Allowed:
TRACTS
I USES
1
Parkin
2
Parking and living quarters* monks and nunnery)
3
Uses to support a religious campus, including but not limited to event
center, exhibit hall, meditation house, memorial house*'", garden, private
indoor recreation (games, movies, reading, etc), kitchen/cafe, vendor food
court, library, classrooms, study center, indoor storage for campus use,
religious worship, retail relating to religious uses, 3 residential bungalows,
3 residences for the monks and living quarters*(nunnery and visitor).
4
Stu a, Religious Facility
*Living quarters are dormitory style and limited to a maximum of 150 units plus the
existing 30 units. This max can be spread over Tracts'2 and 3.
** Memorial house is a place set aside to worship one's ancestors and those who
contributed to the center who have passed away.
D. Development Standards
a. Tract 1
Tract 1 is to include those uses as listed in the above chart and are subject to the
applicable sections of the Zoning Ordinance.
i. Front Yard: 20 minimum `
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