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HomeMy WebLinkAboutOrdinance 6439 e � r ORDINANCE NO. .6431 LAND USE INTENSITY RATIO F a M-70-2 ORDAINED BY THE CITY COUNCIL a MARCH 1 , 1971 P ORDINANCE NO. 6439 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, NO. 3011 , SAME BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, INDUSTRY, RESIDENCE AND 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 SAID PURPOSES TO DIVIDE THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS: BY MAKING FINDINGS: BY DECLARING LEGISLATIVE INTENT; BY ADDING CERTAIN TERMS AND THEIR DEFIN- ITIONS; BY ADDING NEW PROVISIONS FOR OPTIONAL DEVELOPMENT UNDER UNIFIED RESIDENTIAL DEVELOPMENT REGULATIONS IN DISTRICTS "A" AND "B" ; BY PROVIDING THAT ALL FUTURE RESIDENTIAL DEVELOP- MENT BE UNDER UNIFIED RESIDENTIAL DEVELOPMENT PROVISIONS IN DISTRICTS "C-R" , "C" , "E-R" , "E" , "F-R" , "F" , "G" , "H" , and "I" , PRECLUDING FUTURE RESIDENTIAL DEVELOPMENT IN DISTRICT "E-R" , "E-P" , "J" , and "K" ; BY PROVIDING DEVELOPMENTAL STANDARDS FOR UNIFIED RESIDENTIAL DEVELOPMENTS; BY REQUIRING SITE PLAN APPROVAL AND RECORDING FOR ALL UNIFIED RESIDENTIAL DEVELOPMENTS ; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF: PROVIDING FOR SEVERABILITY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AFFECTING ZONING; PROVIDING A SAVINGS CLAUSE; NAMING AN EFFECTIVE DATE AND PROVIDING FOR THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THE CITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: SECTION 1 THAT the City Council of the City of Fort Worth has found and hereby declares that the existing zoning regulations are inadequate in respect to the amounts of open space, recreational space and car parking spaces required in certain residential and mixed use develop- ments; and THAT the City Council finds and hereby declares that increased requirements of open space, recreational space and car parking spaces are necessary and desirable to carry out the stated purposes of the comprehensive zoning plan ordinance for the orderly and proper develop- ment of the community. SECTION 2 THAT it is the legislative intent of the City Council in adopting these regulations to ENCOURAGE the most appropriate use of land throughout the community; FACILITATE the clustering of residential and mixed use structures thus providing for larger amounts of usable open space; PROMOTE the consolidation of recreational facilities and other community amenities; FACILITATE the reduction of cost of utilities and other community facilities; RECOGNIZE and provide for better utilization of problem building sites where unique topographic or other features preclude the usual individual lot building pattern; and ENCOURAGE a better environment for the benefit of the occupants, the neighbors and the community as a whole. - 2 - SECTION 3 THAT Section 1 , Definitions of the Comprehensive Zoning Ordinance No. 3011 , as amended, be and the same is further amended, changed and modified by adding thereto, in their proper alphabeti- cal listing places, the following additional terms and their defini- tions: CAR SPACE: A Car Space is the space required to park one motor vehicle. The number of car spaces required shall mean that all necessary ingress, egress and maneuvering space shall be in addition to the Car Spaces. CAR SPACE RATIO: The Car Space Ratio is the ratio of the Car Spaces to one dwelling unit on the site. The total minimum number of Car Spaces is the minimum number of car spaces per dwelling unit for the district in which the site is located times the number of dwelling units. - 3 - CLUSTER SUBDIVISION: A Cluster Subdivision is a grouping of individual building lots or sites in close proximity, each of which or the majority of which has less land area than required for isolated individual lots, with the additional area in the cluster subdivision site being devoted to open space, recreation space, car spaces and access facilities in addition to required yards. Cluster subdivisions are per- mitted by these regulations and are expressly encouraged subject to the performance standards of the Unified Residen- tial Development. DWELLING UNIT: A residential unit providing complete, independent living facilities for one family including permanent pro- visions for living, sleeping, cooking, eating and sanitation. EMERGENCY ACCESS EASEMENT: An area other than a dedicated street or place, or an alley, which is maintained free and clear of buildings, structures and other obstructions for the purpose of provid- ing free passage of service and emergency vehicles . - 4 - FLOOR AREA: The sum total of the area of all floors of all build- ings on the Unified Residential Development Site excluding utility rooms and mechanical rooms measured between the outer perimeter walls of the buildings, provided that space in a building or structure used for parking of motor vehicles shall not be computed in the floor area. Courts or balconies open to the sky and roofs which are utilized for recreation, etc. , shall not be counted in the floor area but shall be part of the recreation space. FLOOR AREA RATIO: The ratio of the sum total floor area to the net land area. The ratio is computed by dividing the floor area by the net land area and multiplying by 100 to read a percentage. LAND USE INTENSITY: Land Use Intensity, which may be found abbreviated as LUI , is a modification of the Land Use Intensity Rating used by the Department of Housing and Urban Development to determine if a proposed project will be compatible, in density and amenity scale, to the neighborhood in which it is proposed. MIXED USE STRUCTURE: A mixed use structure is one in a commercial-zoned district housing commercial uses on the lower floors and residential uses above. The Unified Residential Development provisions for open space, recreation space and car parking spaces shall apply to the residential uses. - 5 - NET LAND AREA: Net Land Area is all of the privately owned property embraced within the outer perimeter property lines , not including dedicated public streets. Dedicated rights-of- way for open space, drainage or access, approved private streets or dedicated easements which can be used by the land occupants for private purposes shall be included in Net Land Area. Where land is dedicated for future opening or widening of a public street such land shall not be computed as Net Land Area. OPEN SPACE: The Net Land Area minus the Building Area, the Recreation Area and Car Space. Open space must be open to the sky and cannot be paved, with the exception of necessary sidewalks. All recreation space furnished in excess of the minimum recrea- tion space requirements may be credited 2:1 as open space. OPEN SPACE RATIO: The ratio of the Open Space to the Floor Area. The ratio is computed by dividing the floor area by the net land area and multiplying by 100 to read a percentage. PATIO HOUSE: An attached or detached one family dwelling unit with an outdoor area enclosed by walls to form a secluded outdoor living area. - 6 - r RECREATION SPACE: Outdoor space which is made available and maintained in a suitable condition to afford occupants space for passive and active recreational pursuits to the exclusion of all other uses and/or recreation rooms or buildings available to all occupants of the development. RECREATION SPACE RATIO: The ratio of the Total Recreation Space to the Floor Area. The ratio is computed by dividing the total Recreation Space by the total Floor Area and multiplying by 100 to read a percentage. All Recreation Space furnished in excess of the minimum recreation space requirements may be credited 2:1 as open space. ROW HOUSE: (See Town House) TOWN HOUSE: (Sometimes referred to as Row House) A single-family dwelling constructed as part of a series of dwellings , all of which are either attached to the adjacent dwelling or dwellings by party walls or are located immediately adjacent thereto with no visible separation between walls or roofs. - 7 - SECTION 4 THAT Item 13, SubSection A, Use Regulations of SECTION 3 - "A" ONE-FAMILY District be and the same is hereby changed, altered and amended so that it shall hereafter read as follows : 13. Unified Residential Development, as an optional use, provided that where the optional use is exercised the development shall be in complete compliance with all requirements as set out in SECTION 16A, UNIFIED RESIDENTIAL DEVELOPMENT, in addition to all other applicable codes and ordinances. SECTION 5 THAT SECTION 5 - "C-R" RESTRICTED APARTMENT DISTRICT be changed, altered and amended so that it shall hereafter read as follows: SECTION 5 - "C-R" RESTRICTED APARTMENT DISTRICT. In the "C-R" Restricted Apartment District no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged except for one or more of the following uses: 1 . Unified Residential Development when in compliance with all requirements set out in SECTION 16A in addition to all other applicable codes and ordinances; except that the height regulations shall be the same as District "A". 2. Special Exception uses when authorized by the Board of Adjustment under the provisions of SECTION 20. SECTION 6 THAT SubSection A, Use Regulations and SubSection B, Height and Area Regulations of SECTION 6-"C" APARTMENT DISTRICT be and the same are hereby changed, altered and amended so that they shall hereafter read as follows: _ 9 _ r SECTION 6 - "C" APARTMENT DISTRICT In the "C" Apartment District no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged except for one or more of the following uses : 1 . Unified Residential Development when in complete compliance with all the requirements set out in Section 16A in addition to all other applicable codes and ordinances. 2. Special Exception uses when authorized by the Board of Adjustment under the provisions of Section 20. 3. The following additional uses when a part of a Unified Residential Development: a) Private clubs, fraternities, sororities and lodges, excluding those the chief activity of which is a service customarily carried on as a business. b) Hotel , when located on a site which has frontage on a federal or state designated highway. Incidental business may be conducted within the hotel . B. Height and Area Regulations In the "C" Apartment District the height, front, side and rear yard requirements shall be the same as for District "A" except that a maximum height of 45 feet shall be allowed for non-residential uses. - 10 - SECTION 7 THAT SubSection A, Use Regulations and SubSection B, Height and Area Regulations of Section 7 - "D" Apartment District be and the same are hereby changed, altered and amended so that they shall hereafter read as follows: SECTION 7 - "D" APARTMENT DISTRICT A. Use Regulations In the "D" Apartment District no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged except for one or more of the following uses: 1 . Unified Residential Development when in complete compliance with all the requirements set out in Section 16A in addition to all other applic- able codes and ordinances. 2. Special Exception uses when authorized by the Board of Adjustment under the provisions of Section 20. 3. Additional uses the same as "C" Apartment B. Height and Area Regulations 1 . In the "D" Apartment District the height, front, side and rear yard requirements shall be the same as for a Unified Residential Development as set out in Section 16A. - 11 - SECTION 8 THAT Item 1 of the Use Regulations of SECTION 13 - "I" Light Industrial District be and the same is hereby changed, altered and amended so that it shall hereafter read as follows : 1 . Unified Residential Development when in compliance with all requirements set out in SECTION 16A in addition to all other applicable codes and ordinances ; except that the height regulations shall be the same as District "A SECTION 9 THAT Item 1 of the Use Regulations of SECTION 14 - "J" Light Industrial District be and the same is hereby changed, altered and amended so that it shall hereafter read as follows: 1 . Any uses permitted in the "I" Light Industrial District except that all dwellings are excluded and no mobile home park shall be permitted. SECTION 10 THAT the Comprehensive Zoning Ordinance Number 3011 , as amended, be further amended, altered and changed by adding thereto a new Section, SECTION 16A, UNIFIED RESIDENTIAL DEVELOPMENT which shall be and shall read as follows: SECTION 16A - UNIFIED RESIDENTIAL DEVELOPMENT PROVISIONS. A. Legislative Intent It is the legislative intent of the City Council , in adopting these Unified Residential Development regulations, to encourage the most appropriate uses of land; clustering of residential structures to provide - 12 - larger amounts of usable open space; consolidation of recreational facil - ities and other community amenities; reduction of costs of utilities and- public services; recognition of problem building sites where unique topo- graphic or other features preclude the normal building pattern of individ- ual lots and blocks ; and to encourage a better environment for the benefit of the occupants, the neighbors and the community as a whole. B. Permitted Uses : The Unified Residential Development provisions are designed specifically for dwelling uses. The permitted uses shall be limited to single family dwellings , two family dwellings and multi-family dwellings constructed as detached, semi -detached, multi -family and apartment buildings ; or as town houses , patio houses , condominiums; or a mix use structure in a commercial district if platting (or plan) approved by the City Plan Commission; and accessory buildings and uses as specifically authorized in these regulations; or any combination of these which are in compliance with the building and other codes of the City of Fort Worth. The Unified Residential Development shall be an optional use in Districts "A" and "B" and shall be required for any residential use in Districts "C-R" , "C", "D", "E-R" "E", "F" , "F-R", "G", "H" and "I". 1 . Principal Uses a. Dwellings : Single family, two family and multi family. b. Mixed use structures housing commercial and dwelling uses in a commercial zoned district (Except District "E-P") . - 13 - 2. Accessory Uses a. Recreation areas and spaces within buildings primarily for use of the dwelling occupants. b. Kindergarten and day nursery primarily for use of the dwelling occupants. c. Mechanical and storage buildings necessary for operation and maintenance of the project. d. Garages and carports 3. Signs: Identification signs shall be permitted subject to the following provisions: a. Signs shall be permitted to identify the use or uses of the property upon which displayed. b. A sign or combination of signs shall have a maximum allowable area of exposure along each dedicated street frontage of not more than one square foot of sign area for each ten linear feet of frontage along said street; provided however, a mini- mum of at least one sign shall be allowed having an area of twelve (12) square feet. c. Signs may be illuminated but the source of light shall not be visible and shall not be intermittent or flashing; revolving signs shall not be permitted. - 14 - d. Not more than fifty per cent (50%) of the total allowable sign area may be located in the required yard space along a dedicated street. However, no individual sign in such required yard space shall exceed twenty (20) square feet in sign area. e. Symbols which are designed as an integral part of the building structure, and symbols and signs which are not visible or readable from the public street shall not be limited by the above regulations. C. Site Plan Required: No permit shall be issued for construction in a Unified Resi- dential Development area unless there has been a site plan approved by the City Plan Commission and a subdivision plat thereof recorded in the County Plat Records. Fourteen (14) prints of a proffered site plan shall be submitted for review. The requirement for a new site plan plat may be waived when: 1 . The site has been platted for record after receiving the zoning classification which will be utilized for Unified Residential Development, 2. And the proposed development is in full compliance with all other Unified Residential Development requirements. - 15 - D. Site Plan Information Required: a. The name of the record owner and the engineer, surveyor, architect or land planner responsible for preparation of the site plan . b. The name of the subdivision; the names of adjacent sub- divisions; the designation of adjacent unsubdivided property with property owners shown; the names and location with widths of adjacent streets; and numbers of all existing and proposed lots , blocks and tracts . The subdivision plat, in addition to a subdivision name, if any, shall be clearly labeled "Unified Residential Development Site Plan." c. The following information shall be required on preliminary plan. (1 ) The location of all building setback lines, utility easements, and emergency access easements . (2) Certificates of approval to be completed by the commission, (3) Profiles of grades for streets, when the grade exceeds 10% other rights-of-way and easements if required by the commission. (4) North point, scale and date. (5) Topographic map with contour intervals as required by the commission, spot elevations may be required. Wooded areas shall be outlined. - 16 - (6) Approximate outlines of the perimeter walls of buildings with their distances from property lines and each other building. (7) Identification of open space, recreation space, car park- ing areas , driveways and other access features. (8) A table showing the approximate net land area and the planned amounts of floor area, open space, recreation space and car parking spaces with their ratios to the net land area. (9) A preliminary landscape plan for the entire net land area. d. The following information shall be required on a final plat. (1 ) An accurate boundary survey of the property with correct bearings and distances , referenced to survey lines and adjacent subdivisions , and showing the lines of all adjacent lands and the lines of adjacent streets and alleys with their width and names. (2) The location of lots , streets , public highways , alleys , parks and other features , with accurate dimensions and with all other information necessary to reproduce the plat on the ground. (3) A certificate of dedication of the plat and a copy of any restrictive covenants to be filed with the plat. (4) Waiver of any claims for damage to the city. - 17 - E. Submission, Hearing and Approval : Submission, hearing and consideration and approval of a Unified Resi- dential Development Site Plan shall be in accordance with the rules of procedure of the City Plan Commission , The commission may deny, modify, approve , or approve with conditions , The City Plan Commission may authorize and direct the Executive Sec- retary to execute its certificate of approval on Unified Residential Develop- ment site plans which are in strict compliance with the criteria and guidelines which the commission shall develop and promulgate for that purpose , When the City Plan Commission finds that detailed plans for proposed construction were substantially completed on the effective date of this ordinance, and were diligently prosecuted for implementation within a period of six (6) months after the effective date of this ordinance the Plan Commission may, at its discretion, waive, modify or alter these requirements to the end that the spirit of the requirements shall be generally observed but substantial justice shall be done to the applicant , F. General Requirements in all Districts a, HEIGHT REGULATIONS: The maximum permitted height for a building or structure in any unified residential development, shall not be limited except by other applicable codes and ordinances , b. FRONT YARD: There shall be a front yard of not less than twenty feet on any portion of the site which has frontage on a public street, (This does not apply to public access easements . ) The required front yard cannot be paved except for necessary drive- ways and must remain as open space. The City Plan Commission, for good cause shown at a public hearing, may modify or waive the front yard requirements on a Unified Residential Development site plan where all of the dedicated street frontage is in one block-face. - 18 - c. SIDE YARD: There shall be a side yard of at least ten feet adjacent to any lot not a part of the Unified Residential Development and which is zoned "A" , "B" , "C-F", "AG" or "MH" and is occupied by a use permitted in those Districts; otherwise no Side Yard shall be required. Paved driveways are permissible in Side Yards. d. REAR YARD: There shall be a rear yard of at least ten feet when adjacent to any lot not a part of the Unified Residential Development and which is zoned "A", "B", "C-F", "AG" or "MH" and is occupied by a use permitted in those Districts; otherwise no Rear Yard shall be required. Paved driveways are permissible in Rear Yards. e. Where outside entrances to individual dwelling units are provided, no such dwelling unit need front upon a dedicated street. f. Emergency access shall be provided to each principal building by: (1) A street or public alley; or by (2) A private way, alley, or paved place, delineated on an approved subdivision plat conforming to the requirements of Article 974a, Revised Civil Statutes of Texas. Access may also be provided by an emergency access ease- ment approved by the City Plan Commission and recorded in - 19 - the Tarrant County Deed Records , provided that where access is not available by a street, alley, place or recorded easement; and recorded easement access is planned, construc- tion permits may be issued and construction may proceed but certificate of occupancy shall not be issued until the required emergency access easements are approved by the City Plan Commission and filed for record in the Tarrant County Deed Records . Emergency access easements shall be not less than twenty-six (26) feet in width, the boundaries shall be distinctly and permanently marked on the ground and the entrances shall be permanently marked by signs not less than two (2) square feet nor more than four (4) square feet in face area . The paved width of an emergency access easement may be reduced to, but not below, 20 feet provided that curbs shall not exceed 5 inches in height and further provided that there shall be no obstructions which will interfere with the use of the full 26 foot width of the easement by emergency vehicles and their appurtenances . - 20 - SECTION 7 - FLOOR AREA RATIO, OPEN SPACE, RECREATION SPACE: The maximum floor area, the minimum open space, the minimum recreation space shall be as tabulated below for the district in which the Unified Residential Development is located: DISTRICT MAXIMUM MINIMUM MINIMUM MINIMUM PARKING F.AeR. O.S.R. R.S,R. "A" 28% 170% 15 (See following Page) "B" , "E-R" , "I" 37% 120% 14% " "C-R" , "E" 43% 100% 13% " "C", "F" , "F-R" 53% 58% 9% " I'D", IV', "H11 1 and 2 story 58% 46% 9% " 3-6 story 75% 40% 8% " 7-12 story 90% 35% 6% " 13 story 200% 25% 6% " & over 1F.A.R. is ratio of floor area (all stories) to land area. 2O.S.R. is ratio of open space to total floor area . 3R.S.R. is ratio of recreation space to total floor area. (Exclusive of O.S.R.) NOTE: Unified Residential Development is not permitted in District "K", "AG", "CF" , "EP" , and "M,H." - 21 - 1 In any Unified Residential Development there shall be fur- nished and maintained one (1 ) car parking space for each 500 square feet of floor area in the dwelling, excluding mechanical and storage spaces ; plus one (1 ) additional space for each 100 square feet of indoor recrea- tion area; provided that the total number of car parking spaces required shall not be less than 1 .5 per dwelling unit and need not exceed 2.5 per dwelling unit. - 21A- s SECTION 11 THAT Item 4, Unified Residential Development, of SubSection A of SECTION 18 - MODIFICATIONS TO DISTRICT REGULATIONS be and the same is hereby repealed. SECTION 12 THAT all rights or remedies of the City of Fort Worth, Texas , are expressly saved as to any and all violations of Ordinance No. 3011 or of any amendments thereto, of said City of Fort Worth, Texas that have accrued at the time of the effective date of this ordinance, and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this ordinance; and that all existing violations of Ordinance No. 3011 , as amended, which would otherwise become non-conforming uses under this ordinance, shall not become legal non-conforming uses under this ordinance but shall be considered as violations of this ordinance in the same manner that they were violations of Ordinance No. 3011 , as amended, of said city. SECTION 13 THAT it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordin- ance 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 final decree of a court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any Y - 22 - of the remaining phrases , clauses , sentences , paragraphs and sections hereof, 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 14 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 less than Five and No/100 Dollars ($5.00) nor more than Two Hundred and No/100 ($200.00) for each offense. Each day that a violation is permitted to exist shall con- stitute a separate offense. SECTION 15 THAT the City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of same in the Minute Book of the City Council and by filing the complete ordinance in the appropriate Ordinance Records of the City. SECTION 16 THAT this ordinance will take effect and be in full force and effect from and after 1971 APPROVED AS TO FORM AND LEGALITY: do , / City Attorney Adopted ADJACENT OPEN SPACE BONUS FOR UNIFIED RESIDENTIAL DEVELOPMENTS Subject to City Plan Commission approval , adjacent and abutting beneficial open space which has a reasonable expectance of perpetuity (such as a river or a public park) may be considered as bonus net land area for computation of the number of dwelling units permitted on a site, with these limitations: 1 . Not more than 100 feet of the depth of the abutting open space shall be counted, and 2. The increase in the total floor area allowable by bonus open space shall not exceed 20%. - 21 B - UNIFIED RESIDENTIAL DEVELOPMENT: For the purposes of this ordinance a Unified Residential Development is defined as a grouping of residential structures, with their permitted accessory buildings and uses, open spaces, recreational spaces, car parking spaces and emergency access facilities; all developed, or proposed to be developed on a tract of land initially under single ownership or unified control as opposed to the usual development of one dwelling on one lot of record; having approval of the City Plan Commission and being recorded in the County Records; dll to the aim of permitting more flexible and innovative land use while securing greater amenities of livability space, recreational space and car space to the benefit of the occupants and the community. Within the limits of the performance standards for a Unified Residential District, as set out below, Unified Residential Developments shall include "Cluster Subdivision," "Row Houses," "Patio Houses," "Town Houses" and "Mixed Use Structures." UNIFIED RESIDENTIAL DEVELOPMENT SITE PLAN: A plan which shows existing and proposed physical features together with data in respect to number of dwelling units, floor area ratio, open space ratio, car space ratio and such additional data as will furnish the City Plan Corinis5ion a complete picture of the proffered Unified Residential Development; and which will provide inspection personnel sufficient data for processing of permit applica- tions. The use of the words "Site Plan" for the purposes of this definition shall mean a Unified Residential Development Site Plan. _ 8 ■ CITY OF FORT WORTH, TEXAS _�, p+��� �� ���-'�•'�' „�� CITY PLANNING DEPARTMENT CITY HALL FORT WORTH,TEXAS 76102 ED 2-7241 / AREA CODE 817 January 6, 1971 The Honorable Mayor and Members of the City Council City of Fort Worth, Texas Gentlemen: RE: RECOMMENDED LAND USE INTENSITY ZONING (M-70-2) At the close of an advertised public hearing held on Wednesday, December 16, 1970, the Zoning Commission unanimously recommended that the City Council adopt changes and amendments to the text of the Comprehensive Zoning Ordinance No. 3011 . A copy of the minutes of the Commission meeting is attached. A copy of a draft ordinance embodying the recommended changes will be submitted for Council consideration. Respectfully Submitted, 0-a4� "tZ4�� Dennis Hopkins Chairman ZONING COMMISSION Fort Worth, Texas Regular Meeting -- December 16, 1970 PRESENT Dennis Hopkins, Chairman Max Eubank, Vice Chairman Mrs . Madge Johnstone Grady Shropshire C . A. Holliday Donald Hudgins (left at 3:00 P.M. - before the voting session) Wray D _ Brown John Wood Ray Wyatt STAFF PRESENT David E . Farrington, Planning Director Mrs , Geraldine Harr, Senior Planner Joe Bilardi , Executive Secretary Charles Johnson, Planning Assistant The meeting was called to order at 1 :00 P.M, The Chairman of the Zoning Commission presented Resolution 's of Appreciation to two former members, Messrs . Thurman Killman and C , E. "Bud" Wann, which were read into the permanent record of the Zoning Commission meeting. M:56 MINUTES The minutes of the Regular Meeting of November 12, 1970 were approved unanimously, on a motion by Mrs . Johnstone, seconded by Mr. Eubank. PUBLIC HEARING REQUESTS Z-70-154 PROPOSED TEXT CHANGE Modification of the Unified Residential Develop- ment Provisions The Planning Director represented this request . He began with a slide presentation which he stated proposed a method of »residential land use and open space that was developed as a result of the expressed concern of the City Council , Zoning Commis- sion, City Plan Commission and Zoning Board of Adjustment, He pointed out that be- cause of the Regional Airport and its auxiliary facilities, industrial parks, world trade center, etc, , Fort Worth 's population would increase fifty per cent in the next fifteen years, and double by the year 2000. He said that in order to provide sufficient housing, the trend would be toward apartment living, He stated that existing dwelling district zoning regulations did not provide for development and use of land in keeping with changing land use demands . He showed a number of slides of actual developments in order to demonstrate the intent of the proposed ordinance amendment which is: to encourage the most appropriate uses of land; clustering of residential structures to provide larger amounts of usable open space; consolidation of recreational facilities and other community amenities; reduction of costs of utilities and public services; recognition of problem building sites where unique topographic or other features preclude the normal building pattern of individual lots and blocks; and to encourage a better environment for the benefit of the occupants, the neighbors, and the community as a whole. Zoning Commission 12-16-70 2 Z-70-154 (cont, ) The Planning Director concluded his presentation by showing the Commission several actual plot plans of existing deveiupments in curt Worth that conformed qu)te closely with the provisions of the proposed ordinance amendment - Del Barron, President of the Apartment Association of Tarts n7� C,:Jnty, stated that the Association could not endo-se the proposed text change 'n its entirety as they had not had sufficient time to examine it . He stated that : "uster hous ;ng, row housing, patio type development, something other than garden type apartments, was needed in Fort Worth , He said Fort Worth had grown on a horizontal bases and -t was time to consider vertical development because land was becoming scarce. He stated that the Association was concerned that when Unif'ed Residential Development was put into effect under the proposed ordinance, every apa-tment project in the "C-R" and "C" Districts would have to be approved by the City Plan Commission to- gether with all of the detailed plans they must have befo-e they can review it - He stated that if the ordinance required this only in the "A" and "B" Districts for cluster developments, they telt this was reasonable -- but st-11 had some reserva- tions , He said the Plan Commission in a few years m ght take the same attitude as the Board of Adjustment, that they had no authority to app,cJe :luster housing, He stated that if building cluster housing in "A" and "B" was zoning, then 4t should be the responsibility of the Zoning Commission He also *ook exception w7th the proposed parking provisions , He requested that the Zoning Commission allow the Association more time to study the proposed text change by postponing the, - decision for preferab°y sixty days , but not less than th° rty days , The Chairman asked Mr . Barron how he thought parking requ) ementy should be deter- mined? Mr, Barron replied that parKing shouia he determined by the number of bedrooms . ThePlanning Director stated that the proposed parking requirements assumed there would be a mixture of one, two and three bedroom units in each project and there- fore were based on averages , He said the present ordnance was harder to admin— ster and control , He stated that it would not be necessa­y for the Plan Commission to review every apartment project _ A set of crite,­ a was being developed and -, f a proposed development met those criteria the Executive Secretary would have authority to execute a certificate of appro•-il Only duster developments in the "A" and "B" Districts would require publ7c hear°ng and review by the Plan Commission - He added that the Zoning Commission would have as much authority under the proposed amendments as they presently had, John Maddux, a member of the Apaftment Associat?on, agreed that some change was necessary, but stated that this could be handled within the framework of the ex—ting ordinance. He stated that most things •n the proposed text change would not be needed by 99 per cent of the projects , He was especially concerned w)th any change from horizontal to vertical development because of the increased construction costs . He said L .U,I - was not easy to understand, and also requested additional study time. Bart Bradford, Land Planner, stated that the present ordinance was archaic and that a performance or site plan ordinance was badly needed He said he was basically in favor of the proposed ordinan-,e but telt there were some adjustments needed and that he wou'ld be happy to serve on the Apartment Association Committee if the Com- mission allowed the requested additional study time - Zoning Commission 12-16-70 3 Z-70-154 (cont. ) M, B. Fleet, Chairman of the Apartment As�cciation Committee, also requested addi - tional time because the propcsee changes were quite complex and not fully understood . J. B, Nelson, member of the Apartment Association, asked why the proposed text change was being 'rushed? The Planning Director stated that this was the type o,dinance the City Counc7l wanted and felt should have been in effect some time ago , He said all the bugs would not be uncovered until it was put into p,,active- He added that perpetual study was not the answer, The Chairman stated that 'n the past proposed text changes were somet.,�mes dragged out for further study as long as eighteen months- He said amendments could always be made if portions of the proposed ordinan:.e d,d not work out In actual prar't,ce , He stated that the proposal was something Fort Worth had needed for a long time , Mrs , John R Hart appeared and urged the Comvs sjon to adopt the subje;t proposa� , Mr, James Bu'rnecke, with Baker-Jones-Crow, stated that his company planned, construc- ted and man#ged several apartment complexes . He said that the City should be commen- ded for trying to move along with changing times, and that he was in favor of the concept and the proposed text change . The Planning Directoe stated that the follow,ng three items were not 7,ncluded in the draft repo,,t to the Commission: (1 ) Accessory buildings; (2 ) Signs; (3) Day care facilit es for use of project res dents . He requested that the Commission incrude these three Mems in their recommendat`on to the City Council _ After discussion the Commission, on a motion by Mrs , Johnstone, seconded by Rev, Holliday, unanimously VOTED: To recommend that the City Council APPROVE the Proposed Text Change, including provisions for f11 Accessory buildings; (2) Signs; (3) Day care facileties for use of project residents , ADDENDUM TO THE LAND USE INTENSITY RATIO A PROPOSAL FOR FORT WORTH VOLUME II FORT WORTH PLANNING DEPARTMENT JANUARY, 1971 PREFACE The material contained in this Addendum is intended to be used with, and to supplement, the Land Use Intensity Ratio Proposal for Fort Worth, Volume II . Certain additions and changes are offered as specified. SECTION 1 . No change. SECTION 2. After its public hearing on December 16, 1970 the City Zoning Commission adopted a motion that the Land Use Intensity Ratio Proposal be recommended to the City Council , with amendments as discussed. The amendments are to incorporate provisions for: 1 , Day Nurseries and Kindergartens primarily for use of the dwelling occupants. 2. Signs shall be permitted to identify the use or uses of the property upon which displayed. 3, Accessory buildings and uses. After further discussions with representatives of the affected industry the Planning Director would like to include the following changes: SECTION 3 Provision can be made for waiving the requirement for a new site plan plat when: I . The site has been platted for record after receiving the zoning classification which will be utilized for Unified Residential Development, 2. And the proposed development is in full compliance with all other Unified Residential Development requirements. ^! 4 & 5 No change. SECTION 6, In reference to SIDE YARD, at page 15 of the report it is recom- mended that the SIDE YARD and REAR YARD requirements be re=worded as follows: co SIDE YARD: There shall be a side yard of at least ten feet adjacent to any lot not a part of the Unified Resi- dential Development and which is zoned "A" , "B'" , "'C-F'" , "AG" or MH and is occupied by a permitted use in those Districts; otherwise, no Side Yard shall be required. Paved driveways are permissible in Side Yards. d. REAR YARD: There shall be a rear yard of at least ten feet adjacent to any lot not a part of the Unified Resi- dential Development and which is zoned "A", "B" , "C-F" , "AG" or "MH" and is occupied by a use permitted in those Districts; otherwise no Rear Yard shall be required. Paved driveways are permissible in Rear Yards. SECTION 70 In reference to SECTION 7, FLOOR AREA RATIO, OPEN SPACE, RECREATION SPACE AND CAR SPACES: , at page 17 of the repor=t, it is recommended that the following section be substituted: s2s SECTION 7., FLOOR AREA RATIO, OPEN SPACE, RECREATION SPACE: The maximum floor area, the minimum open space, the minimum recreation space shall be as tabulated below for the district in which the Unified Residential Development is located: MAXIMUM MINIMUM MINIMUM DISTRICT F,VR. 0,SR. R.S,R� 28% 170% 15 "B" , ""E-R"" 37% 120% 14% '"C-R"" , "E"" 43% 100% 13% ""C"" - "F11 , ""F=R"" 53% 58% 9% 'Vm ,, ""G"" , 'PH" PH" 1 & 2 story 58% 46% 9% 3=6 story 75% 40% 8% 7-12 story 90% 35% 6% 13 story 200% 25% 6% & over 1F: A, R, is ratio of floor area (all stories) to land area, 20 5 R� Is ratio of open space to total floor area 3R,S, R� is ratio of recreation space to total floor area NOTE. Unified Residential Development is not permitted in Districts "I" , "K"" , ""AG"" , ""CF"" , "EP"" and "M, H." SECTION 8, In reference to the definition of FLOOR AREA at page 20 of the report it is recommended that the following additional wording be added to the definition: - 3 � " Excluding utility rooms , mechanical rooms, attics with headroom of less than 6 feet, parking structures , unenclosed stairs or fi SrC s I UN 7A ADJACENT' OPEN SPACE BONUS FOR UNIFIED RESIDENTIAL DEVELOPMENTS Subject to City Plan Commission approval , adjacent and abutting beneficial open space which- has a reasonable expectance of perpetuity (such as a river or a public park) may be considered as bonus net land area for computation of the number of dwelling units permitted on a site, with these limitations, 1 . Not more than 100 feet of the depth of the abutting open space shall be counted, and 20 The increase in the total floor area allowable by bonus open space shall not exceed 20%. � 5m