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HomeMy WebLinkAboutOrdinance 21046-12-2013 ORDINANCE NO. 21046-12-2013 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY Of' FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING SECTION 4.405 "AIRPORT/AIRFIELD OVERLAY" ("AO") DISTRICT OF ARTICLE 4 "OVERLAY DISTRICTS", OF CHAPTER 49 `DISTRICT REGULATIONS" TO ADD A NEW SECTION, SECTION 4.405E, 64MEACHAM INTERNATIONAL AIRPORT"; PROVIDING REGULATIONS FOR AIRPORVAIRFIELD OVERLAY ZONES ("AO") AND RUNWAY PROTECTION ZONE ("AO-R-PZ") RESTRICTIONS FOR INCOMPATIBLE USES WITHIN RUNWAY PROTECTION ZONES FOR MEACHAM INTERNATIONAL AIRPORT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meacham Airport, a municipal general aviation airport, is an economic generator and fulfills an essential community purpose; and WHEREAS, the creation or establishment of land uses or airport hazards that are not compatible with the operations of an airfield is a public nuisance, injures the region served by the airports, and affects the welfare of users of the airports and of owners, occupants, and users of land in the vicinity of the airports; WHEREAS, these nuisances can include any use, activity or structure that may be a hazard to the taking off, landing, and maneuvering of aircraft or that interfere with visual radar, radio, or other systems for tracking, acquiring data relating to, monitoring or controlling aircraft or that may be sensitive to the noise level and vibrations that are typical in the vicinity of an operative airfield, and which may result in community conflict, reduced quality of life, and possibly impair the utility of the airport and the public investment in the airports; and WHEREAS, it is necessary in the interest of the health, safety, and welfare of the general public as well as the economic stability of the region that the creation or establishment of incompatible land uses and airport hazards be prevented; and WHEREAS, it is necessary in the interest of predictable growth and development of land in the vicinity of the airports, the long term integrity of the airports' usage and operations, and minimizing future conflicts between operation of the airports and development of land in the vicinity of the airports that the creation or establishment of incompatible land uses and hazards be prevented; and Ordinance No. 21046-12-2013 Page I of 7 WHEREAS, the creation of an airport hazard or incompatible use should be prevented to the extent legally possible, by the exercise of police power without compensation; and WHEREAS, it is further declared that the prevention of the creation or establishment of hazards to air navigation, the elimination, removal, alteration or mitigation of hazards to air navigation, and the marking and lighting of obstructions are public purposes for which a political subdivisions may raise and expend public funds and acquire interests in land. WHEREAS, pursuant to Chapter 241 of the Texas Local Government code it is advisable to adopt regulations necessary to protect Runway Protection Zones (RPZ) at the ends of the runways for the municipal airports from uses and hazards that could prove detrimental to the operation and safety of the airfield and its vicinity; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1. Section 4.405 "Air-port/Airfield Overlay" ("AO") District, of Article 4, "Overlay Districts" of Chapter 4 "District Regulations" is amended to add a new section, Section 4.405.E. "Meacham International Airport", to provide development standards and guidelines for Meacham Municipal Airport to read as follows: E. Meacham International Airport 1. Purpose and Intent. The City of Fort Worth has designated the Meacham International Airport Overlay and Runway Protection Zone (AO and R-PZ) in order to promote the public health, safety, peace, comfort, convenience, and general welfare of the inhabitants of and near municipal airport environs and to prevent the impairment of municipal airports and the public investment therein. 2. Boundaries: The specific boundaries of the Meacham Airport Overlay and Runway Protection Zones are shown on the official zoning map maintained by the City and depicted and attached as Exhibit B.29. The Runway Protection Zones (R-PZs) are as defined in the Airport Layout Plan for the airport, 3. Use Restrictions in Runway Protection Zones: a. Permitted uses shall be allowed in accordance with Table 2, attached and incorporated here into the Zoning Ordinance. b. Certain uses within Table 2 shall be prohibited within the RPZs. Prohibited uses include but are not limited to, new residences, schools, places of public assembly and outdoor recreation uses. Other prohibited uses include the manufacture of flammable or combustible liquids or Ordinance No. 21046-12-2013 Page 2 of 7 materials, the generation of any substance that would impair visibility or otherwise interfere with the operation of aircraft including steam/dust/srnoke, and uses that may encourage the congregation of birds or waterfowl increasing the chance of a bird strike including landfills, c. Above ground fuel storage facilities shall be permitted only in accordance with the Uniform Fire Code. d. All new nonresidential uses indicated on the table as "N" Not Compatible on Table 2 are considered prohibited. 4. Communications Facilities and Electrical Interference No use shall cause electrical interference with navigational signals or radio communications at the airport or with radio or electronic communications between the airport and aircraft. Proposals for the location of new or expanded radio, radio-telephone, television transmission facilities, electrical transmission lines and wind turbines shall be coordinated with the Federal Aviation Administration's (FAA) Texas Airports Development Office prior to approval. 5. Outdoor Lighting No use shall project lighting directly onto an existing runway or taxiway or into existing airport approach and landing paths except where necessary for safe and convenient air travel. Lighting for any new or expanded use shall incorporate shielding in their designs to reflect light away from airport approach and landing paths. Control of outdoor lighting shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement. Lighting shall meet the following criteria: A. Criteria 1. Lighting Arrangement — lighting arrangements that mimic runway lighting (i.e., long linear parallel rows of lighting) that could be confused with runway or taxiway lighting are not permitted. 2. Illumination Levels — Lighting shall have intensities, uniformities and glare control in accordance with the recommended practices of the Illuminating Engineering Society of North America (TESNA), unless otherwise directed by the City of Fort Worth. 3. Lighting Fixture Design a. Fixtures shall be of a type and design appropriate to the lighting application. b. For the lighting of predominantly horizontal surfaces such as, but not limited to parking areas, roadways, vehicular and pedestrian passage areas, merchandising and storage areas, automotive-fuel dispensing facilities, automotive sales areas, loading docks, cul-de- sacs, active and passive recreational areas, building entrances, sidewalks, bicycle and pedestrian paths, and site entrances, fixtures Ordinance No. 21046-12-2013 Page 3 of 7 shall be aimed straight down and shall meet JESNA Full-Cutoff criteria. Fixtures, except those containing directional lamps, with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard non-directional 40-watt incandescent lamp, are exempt from the requirements of this paragraph. In the case of decorative street lighting, the City of Fort Worth may approve the use of luminaires that are Fully Shielded or comply with JESNA cutoff criteria. c. For the lighting of predominantly non-horizontal surfaces such as, but not limited to, facades, landscaping, signs, billboards, fountains, displays and statuary, fixtures shall be Fully Shielded and shall be installed and aimed so as to not project their output past the object being illuminated or skyward. Fixtures, except those containing directional lamps, with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard non-directional 40-watt incandescent lamp, are exempt from the requirements of this paragraph. d. "Barn lights," aka "dusk-to-dawn lights," shall be shielded. 4. Billboards and Signs a. Externally illuminated billboards and signs shall have fixtures mounted at the top of the billboard or sign and aimed downward. The fixtures shall be designed, fitted and aimed to shield the source from off-site view and to place the light output onto and not beyond the sign or billboard. The face of the sign or billboard and the illumination shall not exceed 30-vertical Footcandles during the hours of darkness. b. The light source for internally illuminated signs and billboards shall not exceed 1,000 initial lumens per square foot of sign face. c. Rotating, traveling, pulsing, flashing or oscillating light sources, lasers, beacons, searchlights or strobe lighting shall not be permitted. d. The use of highly reflective signage that creates nuisance glare or a safety hazard is not permitted. 6. Glare No use shall cause glare by highly reflective materials, including but not limited to unpainted metal or reflective glass, on the exterior of structures located within airport approach and landing paths or on nearby lands where glare could impede a pilot's vision. Proposed solar arrays shall be coordinated with the FAA's Texas Airports Development Office prior to approval. The control of glare shall meet the following criteria: A. Criteria 1. Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved Ordinance No.21046-12-2013 Page 4 of 7 primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement. Glare surface suppressants that effectively reduce glare may also be utilized. 2. All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to pilots or the safe operation of aircraft. 3. Directional fixtures such as floodlights and spotlights shall be shielded, installed and aimed that they do not project their output past the object being illuminated or skyward. 4. Except as permitted for certain recreational lighting, fixtures not meeting IESNA Full-cutoff criteria shall not be mounted in excess of sixteen (16) feet above finished grade. Fixtures meeting JESNA Full- Cutoff criteria shall not be mounted in excess of twenty (20) feet above finished grade. 5. Flag lighting sources shall have a beam spread no greater than necessary to illurninate the flag and shall be adequately shielded. 7. Emissions No use shall, as part of its regular operations, cause emissions of smoke, ash, vapor, gas, dust, steam or other emissions that could obscure visibility of pilots or conflict with airport operations. 8. Wildlife Attractants No use shall foster an increase in bird population and thereby increase the likelihood of a bird impact problem. 9. Waste Disposal Facilities No new waste disposal facilities shall be permitted with 10,000 feet of any airport unless approval is obtained from the FAA. Expansions of existing land disposal facilities within these distances shall be permitted only upon demonstration that the facility is designed and will operate so as not to increase the likelihood of bird/aircraft collisions. Timely notice of any proposed expansion shall be provided to the City of Fort Worth, Texas DOT and the FAA, and any approval shall be accompanied by such conditions as are necessary to ensure that an increase in bird/aircraft collisions is not likely to result. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are Ordinance No.2 1 046-1 2-20 1 3 Page 5 of 7 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 ph-rases of this ordinance are severable, and, if any ph-rase, 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 and any other ordinances affecting zoning which have 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 Ordinance No. 2 1 046-12-201 3 Page 6 of 7 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 E,URM AIviD LEGALITY: /X, By: Ka- �t ity/�ecretary Assistant City Attorney Mary J. K ADOPTED: December 3, 2013 EFFECTIVE:Ak,A, &/ Ordinance No. 2 1 046-1 2-20 1 3 Page 7 of 7 TABLE 2-LAND USE COMPATIBILITY IN RUNWAY PROTECTION ZONES Revised 10/29/13 2012 NAICS NO, LAND USE NAME PERMITTED USE Density Guidelines Residential Household Units 236115 Single units:detached new N 2361 Single units:semidetached N 2361 Single units:attached row N 2361 Two units:side-by-side N 2361 Two units:one above the other N 236116 Apartments:walk-up N 236116 Apartment:elevator N 7213 Group quarters N 7211 Residential Hotels N Mobile home arks or courts N 7211 Transient lodgings N Other residential N Monu acturin ��� 311 Food&kindred roducts manufacturing Y Max FAR 0.56 313,314 Textile mill products;manufacturing Y Max FAR 0.56 315,316 Apparel and other finished products:products made from fabrics, N leather and similar materials;manufacturing 321 Lumber and wood products(except furniture);manufacturing Y Max FAR of 0.28 337 Furniture and fixtures;manufacturing Y Max FAR of 0.28 322 323 Paper and allied products;manufacturing Y Max FAR of 0.28 511 Printing, and allied industries Y Max FAR of 0.28 325 Chemicals and allied products;manufacturing N 32411 Petroleum refining and related industries N 3252 Rubber and misc.plastic products;manufacturing N 327991,3271, Stone,clay and glass products;manufacturing Y Max FAR 0.56 3272 331 Primary metal products;manufacturing Y Max FAR 0.56 332 Fabricated metal products;manufacturing Y Max FAR 0.56 3333 Professional scientific,and controlling instruments;photographic N and optical goods;watches and clocks 339 Miscellaneous manufacturing Y Max FAR of 0.28 Transportation,communication and utilities 482,485 Railroad,rapid rail transit,and street railway transportation Y Max FAR of 0.28;See Note 3 below 485 Motor vehicle transportation Y Max FAR of 0.28;See Note 3 below 481 Aircraft transportation Y Max FAR of 0.28 See Note 3 below 483 Marine craft transportation Y Max FAR of 0.28 See Note 3 below 48S Highway and street right-of-way Y Max FAR of 0.28;See Note 3 below 81293 Automobile parking Y Max FAR of 0.28 See Note 3 below 517 Communication Y Max FAR of 0.28 See Note 3 below 22 Utilities Y Max FAR of 0.28;See Note 3 below 562 Solid waste diis osal landfills,incineration,etc.) N Other trans ortation,communication and utilities Y See Note 5 below Trade 42 Wholesale trade Y Max FAR of 0.28 444 Retail trade-building materials,hardware and farm equipment Y See Note 6 below 452 Retail trade(7)-shopping centers,home improvement store, y See Note 7 below discount club electronics superstore 445 Retail trade-food Y Max FAR of 0.24 441 Retail trade-automotive,marine craft,aircraft and accessories Y Max FAR of 0.14 448 Retail trade-apparel and accessories Y Max FAR 0.28 442 Retail trade-furniture,home,furnishings and equipment Y Max FAR 0.28 722 Retail trade-eating and drinking establishments N 45339 Other retail trade Y Max FAR of 0.16 Services 52 Finance,insurance and real estate services Y Max FAR of 0,22 for General Office/Office park.See Note 8 below. 812 Personal services Y Office uses only.Max FAR of 0.22 81222 Cemeteries Y9 5614 Business services(credit reporting,mail,stenographic, y Max FAR of 0.22 reproduction,advertisin 493 Warehousing and storage services Y Max FAR 1.0 811 Repair Services Y Max FAR of 0.11 54,62 Professional services offices Y 1622,623 Hos itals nursin homes/assisted living N 621999 Other medical facilities N 23 Contract construction services Y Max FAR of 0.11 92 Government services Y Max FAR of 0.24 61 Educational services N Miscellaneous Y Max FAR of 0.22 Cultural entertainment and recreotional 813 Cultural activities and Religious Institutions N 71219 Nature exhibits Y 10 813 Public assembly N 71 Audioriums concert halls N 71 Outdoor music shells amphitheaters N 7112 Outdoorsports arenas spectator sports N 713 Amusements-fairgrounds,miniature golf,driving ranges, Y amusement pa rks etc. 713 Recreational activities(include golf courses,riding stables,water Y 10 Max FAR of 0.11. recreation 7212 Resorts and group camps N Parks Y 1.0 Max FAR of 0.11 7139 Other cultural entertainment and recreation Y 8 Max FAR of 0.11 „,- - . . Resource Production and Extraction 111 Agriculture(except livestock Y 11 112 Livestock farming and breeding Y 11,12 Agriculture related activities Y 11 Max FAR of 0.28;no activity which produces smoke,glare,or involves explosives 113 Forestry Activities 13 Y Max FAR of 0.28;no activity which produces smoke,glare,or involves explosives 114 Fishing Activities 14 Y Max FAR of 0.28;no activity which produces smoke,glare,or involves explosives 21 Mining Activities Y Max FAR of 0.28;no activity which produces smoke,glare,or involves explosives 212399 Other resource production or extraction Y Max FAR of 0,28;no activity which produces smoke,glare,or involves ex losives Other Undeveloped Land Y Water Areas N 15 Based on Operational Navy Instruction"Air Installation Compatible Use Zone KEYS TO TABLE 2 (AICUZ)Program"OPNAVINST 11010.36C Dated 9-Oct-2008 NAICS North American Industry Classification System,US Dept.of Commerce,2012 Y(Yes) Land use and related structures are normally compatible without restriction. N(No) Land use and related structures are riot normally compatible and should be prohibited. Yq(Yes with Restrictions) N4-(No with exceptions) FAR-Floor Area Ratio Du/Ac Dwelling Units Per Acre NOTES FOR TABLE 2 1.A"Yes or a"No"designation for compatible land use is to be used only for general comparison.Within each,uses exist where further evaluation may be needed in each category as to whether it is clearly compatible,normally compatible,or not compatible due to the variation of densities of people and structures.In order to assist installations and local governments,general suggestions as to floor/area ratios are provided as a guide to density,in some categories. In general, land use restrictions which limit commercial,services,or industrial buildings or structure occupants to 25 per acre is the range of occupancy levels considered to be low density.Outside events should normally be limited to assemblies of not more than 25 people per acre. 2.The suggested maximum density for detached single-family housing is one to two du/ac.In a Planned Development (PD)of single family detached units where clustered housing development results in large open areas,this density could possibly be increased provided the amount of surface area covered by structures does riot exceed 20 percent of the PD total area.PD encourages clustered development that leaves large open areas. 3.Other factors to be considered:labor intensity,structural coverage,explosive characteristics,air pollution,electronic interference with aircraft,height of structures,and potential glare to pilots. 4.No structures(except airfield lighting),buildings or aboveground utility/communications lines should normally be located in Clear Zone areas on or off the installation. The Clear Zone is subject to severe restrictions. 5.No passenger terminals and no major above ground transmission lines. 6.Maximum FARs for lumber yards are 0.20. For hardware/paint and farm equipment stores,the maximum FARs are 0.12. 7.A shopping center is an integrated group of commercial establishments that is planned,developed,owned,or managed as a unit.Shopping center types include strip, neighborhood,community,regional,and super regional facilities anchored by a supermarket,or drug store,discount retailer,department store,or several department stores. The following uses are prohibited:any type of residential including hotels,hospitals/nursing homes/assisted living,other medical facilities,educational services,call centers, concert halls,sports arenas,and religious institutions. Included in this category are such uses as big box discount clubs,home improvement superstores,office supply superstores,and electronics superstores.The maximum recommended FAR should be applied to the gross leasable area of the shopping center rather than attempting to use the other recommended FARs listed in this table under retail or trade. 8.Low intensity office uses only.Accessory uses such as meeting places,auditoriums,etc are not recommended. 9.No chapels are allowed. 10.Facilities much be low intensity and provide no tot lots,etc.Facilities such as clubhouses,meeting places,auditoriums,large classes,etc.are not recommended. 11.Includes livestock grazing,but excludes feedlots and intensive animal husbandry. Activities that attract concentrations of birds creating a hazard to aircraft operation should be excluded. 12.Includes feedlots and intensive animal husbandry. 13.Lumber and timber products removed due to establishment,expansion,or maintenance of Clear Zones will be disposed of in accordance with appropriate DUD Natural Resources Instructions. 14.Controlled hunting and fishing may be permitted for the purpose of wildlife management. 15.Naturally occurring water features(e.g.rivers,lakes,streams,wetlands)are compatible. A �i�uuV 1 nr►-- yAa I I�NQ���'�IOD>7l9(4� IIIU �4 r W ity Limits •w tl 1 O I « al 6irport Overlay 1 1 1/ 111 ,•