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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 rrr i. aaa ���: �.�:�5•r.:,+..ra:,a%�a`.=�,.r•inirraa•�•s a�iri �:e:ra:,.:a�r�%•: ia�ai �ii� a_ � a • � � !�1afE17:9!P.i!SITS�!f1.T.�1� Wm- p IN Pon M.N. - -- A • S 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 deteffflined by though by the is selely er- paFtially ehanee, by the even aeeempanied Ue tefm ineludes, some skill, but whether- is er- H limited to, prize auteffi-a-d-eally paid • not ,. that the the ftee partially se, as a result ef play er- eper-afien ef game award credits or games,er- V 1-GS1Lf+ee games or Gredit 1ME pift I I • ■ 1. , toys, er nevelfies solely IS ftmwl ■RM M,%P. P42 MP Wj 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: nr¢ Ordinance No. 27381-12-2024 Page 7 of 7 1R1MLR1ALiP 011W1 •'riu�n.vfgign..•u rP BKPMF•%pier MKYTCfYCpTW eslRwc WnfcLfAM�Ii1' W16+Y lK.%Trwi �wa�no�rasPy w�xnn wTreucr., 1 CatrRvdeeN Swy ou" -� aibrA Rqd fr RE16Le;e Hw"i. __ ��SCIP� EsH�P [EN'eR �1a, HLewP ��M Wua.. sn•PRIT.fr.0 .,. - u..ewiae„a.cw - Tc,r1.G.� s.kw eAMT.,em PMiNwr MSLHRfT. eRSHRav sTRL�W �t �PDVII �Yttm FASR.BrI 6Ni1K s+WaNL1PfR �\ OF[wx .�AT tiNl .. K•.w.A.L npFRaeRs �a PwfTp is++m 1 —1 v..wl�o ,w"o1 SITE PLAN AMENDMENT NOTES ' oFew+po%sI f vHcuuF wxKlF.rwee f»w. 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CURB, AND NARUSL'APE R Iy / R F MIE1.ALxmT" '.q�„ ik -) V J51 SVRFACk51U AkuAIN PROPOSED PMKDVG, CURB, AND 9 � 661 HAROSCAPE SURFACES '-L irKlrveePKT"Lfr'.ca PROPOSED STRIPNGI NO PARKNG � TI ZONES EGO \ -\ PROPOSC.O PARKING SPACES WiSrrw ww "IGHLIGHTE➢ FOR REFERENCE] 2P VAN} IXSTIPG FIRE LANE (TO EE 2 nvANr MAR TAA ED tD IT a R" DL_ OVERALL SFTE PLAN _ S I] VAN' PROPOSED FIRE LANE RC tE TEO AA.DI m o W",AL PCALE I w- ®PxCW O IR C VAN] INTO rVI5TING1 THE JUSTICE REFORM DISCIPLESHIP CENTER 2W OAKRIIIRST SCENIC DRIVE. IOU WORTH. TEXAS MM LOTtRLBLOC- MICIWOTH CHURCH OF CHIRST SITE AN ADOTTIGH TO THE CRY OF F01FT WORTH ZONW, PC, SI ER 3M ACRES 1542,TJ6 SFI THIS PROJECT WILL COMPLY WITH SECTION 6.301, LANDSCAPING. T HISPROJECT WRL COMPLY WITH SECTION cm UI 1ORE5TRY, ALL SIGNAGE WILL CONFORM TOARTICLE 4, SIGNS. ALL PFIOVIDED LIGHTING PALL CONFORM To rwE LK3HDNG cEmE BIJR.DING HEIGHTFOR THE$TRVCTuRE 15 3S-W FROM LOWEST LEVEL SLAB DUE TO ORDNANCE XK, HEIGHT 15 MEASURED FROM TOP OF CIJRR ITv16D01- &ACTING HEIGHT 5REVSED TO DE 2211 VI'. PWRNNG SFMCFS THE JUSTICE REFORM DISCIPLESHIP CENI 2001 OAKHURST SCENIC URA'E. FOR WORTH, TX 7E111 LOT ST, BLOCK 1 I MIDTOWN CHURCH OF CHRIST SITE. AN ADDITION TO THE CITY OF FORT WORTH DATE OF PREPARASgN'. AUGUST 5TH, 20241 HE JUSTICE REFORM SDr OA— AST SCENIC MIVE. FORT WORTH, TX T61R HEATHEAPMERCYCi LTURE.CCM 1520.4251COM 3RKISie HRNS ARCINTECTURE R DFSgN TAR, Rp-ANA AI aU1D 5, STE 61GI VJFSTIAK1, T%15261 EST.I10.276T E.fOSHQBRN5GE51GN.COM CLIENT THE JUSTICE REFORM .1} PIES11,112024 1 � Z r�ou o 0lu Q a 3=ZU W U �0°m ti E w U (n > z I_ z 0 Lao=o (n U U—Z4 WJ ;LLJ� ~YHLZu Lu Z :3 co Y Z O O�QU pH O Q ERNS OE51GN 3vI SULAIRA &W. sTE 52GD, wESTLAKE, TX 7628] JOSHeBRM5OE516k,COM1Nl.E]5.49p5 DFCDLOP PFC DEVELOPMENT ENGINEERING CONSULTANTS 5300 TOWNACOUNTRY EAVp. STEM, FRIS FRISCO. f%TSWX DSTEWARTROEC-Ek,COM I AB9 RND.Op6G STRLACIrum ENGUNEESC HUNT A X INER, INC W25 MMEET SVD.. STE 620. DALLAS. TX 75207 AMLLEUNFW-JNC.COM 1214160.2OW MW IN(MBEIE SCHMIDT R STACY CONSULTWG ENGWEERS. NC 7711 AL If4RKEl4 ALE_ STE 29 . DAILAS, TX T52M ROEVEAO4SCHMCT-STACY.COM I ]14b1A,0]00 LAIEDYJIPE MGRrlOr- VALLEY WEST DE51GN 222 S ELM ST.. STE r62. DENTON, TX ]6201 ANDRE'M4fY0-0ESIGN.COM I ]f4.T83.1'n5 SURVEYOR: EAGLE SURVEYING 222 S ELM ST, STE 2ou, OFNTON, TK 1N2DI OVERALL SITE PLAN aM ".mw. n� ns �rnn SPA.01 rQ Z 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 4 • , 4 7 Sid)I AFT �Lr_K.J`I-r f^'t!^I ':+l•x:'�iA": � °Q 13'•10' 2F-r 1 r-7- 4•-r i 3--3- 7.1- - + h from the signage ordinance. 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". Page 12 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 ` Page 1 1