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HomeMy WebLinkAboutOrdinance 158167"T~ ~~ ORDINANCE NO. 15816 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 CHAPTER 4, `DISTRICT REGULATIONS" AND CHAPTER 6, `DEVELOPMENT STANDARDS" TO EXEMPT THE CENTRAL BUSINESS ("H") DISTRICT FROM THE REAR, SIDE AND FRONT YARD SETBACKS, BY AMENDING CHAPTER 4, `DISTRICT REGULATIONS" SO THAT THE PURPOSE AND INTENT STATEMENT ACCURATELY REFLECTS ALLOWABLE USES, PROVIDING THAT THIS ORDINANCE IS CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, rt is the purpose of the Central Business ("H") Distract to provide a specific central Busmess distract zone for the more intense use of all commercial uses permitted m previous commercial distracts as well as multifamily residential, providing less restrachve height and area regulations; and such uses accessory thereto; WHEREAS, the defined purpose and intent of the Central Busmess ("H") Distract does not include the residential component although multifamily residential uses are already allowed m this distract; WHEREAS, development m the central business distract should facilitate the creation of a pedestraan-oriented, mixed-use growth center as envisioned in the Crty's Comprehensive Plan; WHEREAS, an existing zoning provision that requires properties in the central Busmess zoning distract to conform to the development standards of other commercial and industrial zomng distracts m relation to residential districts, rather than to the development standards more appropriate for a central business distract, impedes the development of desirable projects m the central business district; ~: A WHEREAS, it is advisable to amend Section 4.906, the `H" Central Business District to exempt property from the development standards described in Section 6.1 O 1 B, 6.101 C, 6.101 E, and 6.1O1F and to amend Section 6.1O1C to remove the `H" Central Business Distract from inclusion; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1. Chapter 4 Article 9 of Ordinance No 13896, the Zoning Ordinance of the Crty of Fort Worth, Section 4.906, `Central Business ("H") Distract" Subsection C. `Property Development Standards, is amended to exempt the property development standards of the `H" central business distract from additional setbacks as required by Section 6.1O1C by deleting the language in the Notes in the table as follows. Front Yard*- None re uired Rear Yard'-` None re uired Side Yard- 5 feet minimum adjacent to residentially zoned lot, none otherwise. If provided, side yard must be 3 feet minimum Hei ht No restriction Nete~ SECTION 2. Chapter 4 Article 9 of Ordinance No 13896, the Zomng Ordinance of the City of Fort Worth, Section 4.906, `Central Business ("H") Distract" Subsection C. `Property Development Standards, is amended to exempt the property development standards of the `H" central business distract from additional setbacks as required by Section 6.101 B, 6.101 C, 6.101 E, and 6.1O1F and to number the paragraphs to read as follows. 2 4.906 C Property Development Standards The minimum dimension of lots and yards and the height of buildings in the Central Business ("H") Distract, shall be as shown m the accompan}nng table. Development in this distract shall be exempt from Chapter 6, Article 1 Sections 6 lO1B 6 101C, 6 IOIE, and 6.101E This distract may only be applied to that area known as the Central Business ("H") Distract of Fort Worth bounded on the east by I 35 on the south by Vickery Boulevard, on the west by Henderson Street from Vickery Boulevard to 7th Street and by the center of the Tranity River north of 7th Street; and on the north by the center of the Tranrty River to the extension of Grove Street and thereafter by Bluff Street, as shown in Exhibit B 15 SECTION 3. Chapter 6, Article 1 of Ordinance No 13896, the Zoning Ordinance of the Crty of Fort Worth, Section 6 101 `Yards" Subsection C. `Nonresidential Distracts Across Street from Residential Distracts, is amended to except the Central Business ("H") Distract from the setback requirements to read as follows. 6 101 Yards C Nonresidential Distracts Across Street from Residential Distracts Property located m `FR through `K" Distracts, with the exception of the Central Business `H" Distract, that abuts a public or pravate street and that is across the street from a residential distract shall comply with the following setback requirements. The yard that abuts the street and that is across the street from a residential distract, whether a front, rear or side yard, shall have a minimum setback of 20 feet; provided, however in the event that a greater setback is required under any other provision of this ordinance, the greater setback requirement shall prevail. 2. The minimum 20-foot setback requirement shall apply to the entire front, side or rear yard and shall not be lirmted to the portion of the property that is directly across the street from a residential distract. The minimum 20- foot setback requirement shall extend through the entire block face. SECTION 4. Chapter 4 Article 9 of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, Section 4.906, `Central Business ("H") Distract" Subsection A. `Purpose and intent, is amended to reflect use of multifamily residential distracts as already allowed and to read as follows. 4 906 Central Business ("H") Distract A. Purpose and Intent It is the purpose of the Central Business ("H") District to provide a specific central business distract zone for the more intense use of all commercial uses permitted in previous commercial districts as well as multifamily residential, providing less restractive height and area regulations, and such uses accessory thereto, SECTION 5. 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 aze 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 6. It is hereby declazed 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 declazed unconstitutional by the valid judgment or decree of any court of competent ~urasdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, pazagraphs 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. 4 SECTION 7 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 8. All nghts and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No 13896 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 m 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 9 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 10. This ordinance shall take effect upon adoption and publication as required bylaw APPROVED AS TO FORM AND LEGALITY David ,City Attorney Assistan Ci Attorney ADOPTED•_ ~ _ G " D `f EFFECTIVE. ~' ~ ~ ~~ 5 THE STATE OF TEXAS )( COUNTIES OF TARRANT DENTON AND WISE )( I, GLORIA PEARSON City Secretary of the City of Fort Worth, Texas, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 15816 presented and adopted by the City Council of the City of Fort Worth, Texas, at a regular session held on the 6th day of January A.D 2004, as same appears of record in the Office of the City Secretary WITNESS MY HAND and the Official Seal of the City of Fort Worth, Texas, this 6th of January A.D., 2004. /s/ Gloria Pearson Gloria Pearson, City Secretary of the City of Fort Worth, Texas