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HomeMy WebLinkAboutOrdinance 18912-11-2009 ORDINANCE NO., 18912-11-2009 0 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS AND SHOWING SUCH DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: SECTION 1. ZC-09-110 South of Berry Street between Mitchell Boulevard and Vaughn Boulevard 5.99 acres From: `BPD-720" Planned Development for E uses with exclusions and to include development standards and "PD-721" for A-5 uses to include a restricted buffer area for any gas well heads within 600 feet. To; Amend development standards for "PD-720" Planned Development and attached as Exhibit 1; site plan waived. Descrption: Lot 1, Block 1, Masonic Home School Addition, and a portion of the following: Being a tract of land situated in the J. Justice Survey, Abstract No. 859 and the R. Ramey Survey, Abstract No. 1342 and being a portion of Lot 1, Block 1 of Masonic Home and School Addition an addition to the City of Fort Worth as recorded in Volume 388-102, Page 30 of the Plat Records of Tarrant County, Texas, and a portion of a tract of land as described in a deed to Renaissance Square LLC and recorded in Instrument 1 Zoning Ordinance 1 1 i 10109 #D209165808 of the Deed Records of Tarrant County, Texas (DRTCT) and being more particularly described as follows: Beginning at a 518 inch iron rod found for the most northeasterly corner of a tract of land described in a deed to Fort Worth ISD as recorded in Volume 2547, Page 198 of the Deed Records of Tarrant County, Texas (DRTCT); Thence North 89 deg 58 min 22 sec East a distance of 1504.54 feet to a 112 inch iron rod with a red plastic cap stamped "W.A.I." set for corner; Thence South 08 deg 55 min 03 sec East a distance of 35.11 feet to a 518 inch iron rod found for corner; Thence South 38 deg 59 min 45 sec East a distance of 93.67 feet to a 112 inch iron rod with a red plastic cap stamped "W.A.I." set for corner; Thence South 89 deg 58 min 22 sec West a distance of 1669.09 feet to a 112 inch iron rod with a red plastic cap stamped "W.A.I." set for corner in the easterly line of said Fort Worth ISD tract; Thence along the easterly line of said Fort Worth ISD tract North 00 deg 00 min 22 sec East a distance of 108.50 feet to the Point of Beginning; Containing within these metes and bounds 4.058 Acres, or 176,746 Square Feet of land, more or less. ZC-09-1 2 1 918 8t" Avenue, 802, 804, 810, 900 Pennsylvania, certain properties generally bounded by W. Tucker Street, St. Louis Avenue, W. Terrell Avenue, and Grainger Street 6.08 acres From: "NS-T'4" Near Southside-Urban, "NS-T4N"Near Southside-General Urban, and "NS-T5f"Near Southside-Urban Center To: add a "DD"Demolition Delay overlay Description: NUMBER STREET PARCEL LEGAL 1620 ENDERLY PLACE ARMSTRONG SUB OF ENDERLY PARK BLK C2 LOT 4 1701 ENDERLY PLACE ARMSTRONG SUB OF ENDERLY PARK BLK E2 LOT I I706 ENDERLY PLACE ARMSTRONG SUB OF ENDERLY PARK BLK D2 LOT 3 1617 PARK PLACE ENDERLY PARK ADDITION BLK 4 LOTS 113,-2)&3 I628 PARK PLACE ARMSTRONG SUB OF ENDERLY PARK BLK E2E27'WS6' LOTS 3&4 PENNSYLVANIA 1619 AVE EDWARD HEIRS ADDITION BIX 3 LOTS 3A&4 14 c�'f f{ A1`L=.N[,F. ENDERLY PARK ADDITION BLK 3 LOJ_ 7LESSS25'%k'7()' BI.K 3 2 Zoning Ordinance 1 1110109 651 MAY STREET TUCKER ADDITION/FT WORTH BLK 18 LOT 2R 656 MAY STREET TUCKER ADDITIONIFT WORTH BLK 17 LOT 2A 662 MAY STREET TUCKER ADDITIoNIFT WORTH BLK 17 LOT 2B 805 MAY STREET TUCKER ADDITIONIFT WORTH BLK 26 LOT 11 811 MAY STREET TUCKER ADDITION/FT WORTH BLK 26 LOT 10 813 MAY STREET TUCKER ADDITIoNIFT WORTH BLK 26 LOT 9 817 MAY STREET TUCKER ADDITIONIFT WORTH BLK 26 LOT 8 1 0 1 S JENNINGS AVE SMITH-JONES&DAGGETT ADD BLK 1 LOTS 1,22&23 524-526 S JENNINGS AVE JENNINGS SOUTH ADDITION BLK 37 LOT 4E 604 S JENNINGS AVE GRAINGER 1 ST ADDITION BLK 1 LOT 1 618-620 S JENNINGS AVE GRAINGER 1ST ADDITION BLK 1 LOT 4 301 LEUDA STREET FARMER FA SUB BLK 1 LOTS 1 &2 311 LEUDA STREET TUCKER ADDITION/FT WORTH BLK 26 LOT 12 ARMSTRONG SUB OF ENDERLY PARK BLK E2 LOT 3 BLK E2W39.5' 1634 PARK PLACE LOTS 3&4 1700 8T"AVENUE ENDERLY PARK ADDITION BLK 3 LOT 6 SECTION 2. That the zoning regulations and districts, as herein established, have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. They have been designed to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, parks and other public requirements. They have been made after full and complete public hearing with reasonable consideration, among other things, of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of a building and encouraging the most appropriate use of land throughout the community. SECTION 3. That this ordinance shall be cumulative of all other ordinances of the City of Fort Worth affecting zoning and shall not repeal any of the provisions of such ordinances, except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 4. 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 or any amendments thereto that have accrued at the time of the effective date of this ordinance; and as to such accrued 3 Zoning Ordinance 1 1110109 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 5. 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 6. 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 fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7. 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 V.T.C.A. Local Government Code Subsection 52.013. SECTION S. That this ordinance shall take effect upon adoption and publication as required by lave. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney Adopted: _ November 10, 2009 .f cti r e 4 Zoning Ordinance 1 1110109 PD 720 EXHIBIT 1 Amended Development Standards ZC-09-110 Site Plan Waived USES "PD/E" Planned Development for all uses in "E" Neighborhood Commercial excluding the following uses: stealth communications tower taxidermist shop telecommunications tower liquor package store The sale of liquor is restricted from all structures with the exception of: (1) restaurants, (2) grocery stores exceeding 15,000 square feet in size, 3) convenience stores that also sell gasoline may sell beer and wine only, and 4) no high alcohol content or fortified wines and or beverages such as malt liquors or non table wines may be sold in any store. The sale of smoking paraphernalia specifically including pipes, roach clips and rolling paper shall not be permitted. ORIENTATION TO BERRY STREET All buildings on lots with frontage on Berry Street shall be oriented such that the main entry faces Berry Street or is located on the side of the building perpendicular to Berry Street. No mechanical equipment, delivery/loading docks, trash facilities, etc. shall be located on the side of the property facing Berry Street. LANDSCAPINGIBUFFERING,SIDEWALKS,AND FORESTRY Berry Street Landscaping_ Standards. Lots with frontage on Berry Street shall provide a landscape buffer adjacent to the right of way in accordance with the following criteria: A. Landscape buffer minimum 10 feet in width B. 3"caliper trees at 40 feet on center C. 5 gallon shrubs to screen head in parking D. 6' wide sidewalk located in the right of way or landscape buffer Trees shall be selected from the following(list may be expanded): A. Live Oak B. Lacebark Elm C. Shumard(Red)Oak Shrubs shall be selected from the following(list may be expanded): A. Dwarf Burford Holly B. Texas Sage C. Indian Hawthorn(Clara) This same requirement shall apply along Vaughn Street and Mitchell Street south to the main east/west road to be constructed through the development. (250' ±) South of Berry 5 Zoning Ordinance 1 111 0109 Pedestrian Access. Pedestrian access shall be provided from Berry Street to the driveway north of the shopping center on the south side of the development at two (2) locations to be determined upon construction. These pedestrian access routes shall consist of the following: A. 6' wide sidewalk B. 3"caliper trees at 40' on center Screenin . Screening along the south property line adjacent to the single family zoned tract and the elementary school shall consist of the following: A. 8 foot masonry fence, if eligible for TIF funding. If not, a single sided wood fence (smooth side to residential) B. Minimum 15 foot wide landscape buffer C. 3"caliper trees at 25 foot on centers (these shall be of one of the approved species noted in the buffer along Berry Street) Landscaping In Parking.Lot. One three-inch caliper tree within an irrigated landscape island of not less than 150 square feet with live groundcover shall be provided for every 100 parking spaces, or fraction thereof. A separate irrigated landscape island is required for every 100 parking spaces; the required 150-square foot landscape areas cannot be combined to create fewer, larger landscape islands. In addition, each end of a parking strip shall have an irrigated landscape island planted with a minimum of one three-inch caliper tree and three shrubs within an area of not less than 300 square feet with live ground cover. Urban Forestry. Project will comply with Section 6.302,Urban Forestry of the Zoning Ordinance. PARKING LOT LIGHTING Parking lot lighting. Light poles shall be no more than 40 feet in height and painted black,dark gray, or dark green or have bronze oxidant protective coating. The main entrance shall be lit to be distinguishable from surrounding ambient lighting. Lighting within the bufferyard adjacent to residential property shall not exceed one foot candle at ground level. Light poles within 140 feet of residential property shall not exceed 20 feet in height and shall be shielded away from residential property. SQUARE FOOTAGE No single tenant structure shall exceed 225,000 square feet. BUILDING HEIGHT Maximum height shall not exceed 60 feet SIGNS Location Maximum Height Maximum Width ape fronting SH 287/MLK Blvd ("Number One"signs) 60 feet 30 feet Monument or Pylon 1. 3100 MLK Blvd./3012 Burton 2. 3313!3317 MLK Blvd. Five locations within the development 35 feet 22 feet Monument or Pylon ("Number Two"signs) 1. New access point at west side 2. Berry at Mitchell 3. New access paint on Berry [ 6 Zoning Ordinance l l l 10/09 4. Berry at Thrall 5. Berry at Vaughan Individual pad sites along Comply with Section 6.409;but permitted within 20 ft. front setback Berry OTHER Pickup and Delivery Distance requirement from residential. Outdoor storage, pickup, delivery, loading and unloading of merchandise, equipment or other items may not occur within 50 feet of residential property. Loading docks shall be located more than 50 feet from residential property. Additional night time„restrictions. No delivery vehicle within 50 feet of residential property shall have its engine, refrigeration unit or generator running between the hours of 12:00 a.m. and 6:00 a.m. Trucks or trailers parked at a loading dock may be unloaded onto the loading dock between the hours of 12:00 a.m. and 6:00 a.m. provided that all activity occurs inside the truck or trailer or within the building. Trash Collection and Compaction. Trash collection and compaction may not occur within 50 feet of residential property. Mechanical„ equipment. No mechanical equipment may be located within 50 feet of residential property. Mechanical equipment shall be screened in accordance with Section 6.301D of the Zoning Ordinance. FOR ALL BUILDINGS IN SHOPPING CENTER ON SOUTHERN BOUNDARY: 1. Building materials and color Guidelines: Exterior building materials and colors comprise a significant part of the visual impact of a building. Therefore, they should be aesthetically pleasing and compatible with materials and colors used in the surrounding area. Standards 1. Materials: All building facades that are visible from adjoining properties and/or public streets (excluding facades facing residential property that are screened by an eight-foot masonry wall) shall be of architectural block, brick, stone, or tinted, textured concrete masonry units. Tilt-up concrete construction is permitted, provided the exterior surface is textured or covered with brick, stone, or material fabricated to simulate brick or stone. Stucco and EIFS (Exterior Installation Finished System) are permitted, up to a maximum of 50% of a fagade area. Prefabricated steel panels are prohibited. 2. Colors: Except for brick or stone, surfaces shall be painted in subtle, neutral or earth tone colors, specifically including without limitation white, tan, brown and gray. Trim and accent areas may feature brighter colors, including primary colors. Metallic or fluorescent colors are prohibited. Accent colors on each fagade shall be limited to a maximum of 25% of the fagade area for logo colors and a maximum of 10% of the fagade area for other accent colors. A logo color is a color commonly used by a large retail store as an identifying characteristic. 7 Zoni ng Ordinance 1 1/1 0/09 OUTDOOR DISPLAY, SALES,AND STORAGE For Uses Greater Than 60,000 sf General Merchandise and Home Improvement Stores 5.134 A(9)of the Zoning Ordinance. For Uses Greater Than 60,000 sf Stores other than General Merchandise and Home Improvement Stores may have outdoor storage per Section 5.306 of the Zoning Ordinance. AMENDMENTS Amendments to this ordinance shall be processed per Section 4.303 of the Zoning Ordinance. 8 Zoning Ordinance 1 111 0/09