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HomeMy WebLinkAboutOrdinance 15839ORDINANCE NO. ~ G~~~~~`7 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 THE NONRESIDENTIAL AND RESIDENTIAL USE TABLES IN CHAPTER 4, `DISTRICT REGULATIONS" TO PERMIT ONE-FAMILY ATTACHED (TOWNHOUSE, ROWHOUSE) IN THE CENTRAL BUSINESS ("H") DISTRICT; BY AMENDING SECTION 4.906 OF CHAPTER 4, `DISTRICT REGULATIONS" TO EXEMPT THE PROPERTY DEVELOPMENT STANDARDS OF `H" CENTRAL BUSINESS DISTRICT FOR ONE-FAMILY ATTACHED (TOWNHOUSE, ROWHOUSE) FROM RESTRICTIONS TO RESIDENTIAL DENSITY TO REQUIRE A 20 FOOT PRIVATE COMMON ACCESS EASEMENT• AND TO AMEND SECTION 9.101 OF CHAPTER 9 TO ADD A DEFINITION FOR `PRIVATE COMMON ACCESS EASEMENT"• 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 it is the purpose of the Central Busmess ("H") District to provide a specific central Busmess district zone for the more intense use of all commercial uses perrmtted in previous commercial districts as well as multifamily residential, providing less restrictive height and area regulations; and such uses accessory thereto; WHEREAS development in the central Busmess district should facilitate the creation of a pedestrian-oriented, mixed-use growth center as envisioned in the Crty's Comprehensive Plan; WHEREAS an existing zoning provision, which allows three or more attached dwelling amts when constructed on one platted lot but prohibits attached dwelling units when constructed on individually platted lots, impedes the development of desirable townhouse projects in the central Busmess district; WHEREAS restrictions on the number of townhouse amts per acre or the number of townhouse units per building would not be appropriate for the Central Busmess District; 4 WHEREAS, it is advisable to amend the Zoning Ordinance to include the category one- family attached (townhouse, rowhouse) in the Nonresidential District Use Table, and to allow such use in the H zoning chstncts; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1. Chapter 4 Article 8, of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, Section 4 803 "Nonresidential District Use Table" Subsection `Residential Uses, Household Living" is amended to include the category `one-family attached (townhouse, rowhouse), and by inserting a `P" m the `MU 1 `H" and `MU-2" columns for `one-family attached (townhouse, rowhouse), under `Household Living" in order to reflect that one-family attached townhouses or rowhouses aze a permitted use in the `MU 1 Low Intensity Mixed-Use District, `H" Central Business District, and `MU-2" High Intensity Mixed-Use District, and to add the «" symbol to the column labeled Also in RES Table" to reflect that the category one-family attached (townhouse, rowhouse,)" is also included in Section 4.603 `Residential District Use Table" Subsection `Residential Uses, Household Living. as shown in the following table: 2 ~ y g ~~ of o~ ' ~ d v :.~,, v ~c ~ ~ d ,ac E= ~€ a • • i a ~ v d ~ f( Y~ N `. a ,; ~' a ~ ; .` ~ ,r a ° ` z ~ a ~. n. a Q ;~ ~, ~,° x T. a a n. ~# c7 a _*~ a w ~ ,> ,.. a ~ ~ ~ a W ~ c°~ ~ a a; a ` a a ~. w ~~ f x w. $~. rn o ; . c 3 ~ x ~ ~ a v '~ ~ 'm ' m ~ rn ~ ~ , ~ :~ c a~ ~ ' w' ;C ~+ ~~ r T W ~~ E~ '~~N~ N w.- ~ ~ m .34f 3` = N y ~, ~ ~ ~ t ~ ~ 0 ~ O ~ L h ~ C ~ O > ~ = J v SECTION 2. Chapter 4 Article 6, of Ordinance No. 13896, the Zomng Ordinance of the City of Fort Worth, Section 4.603 `Residential District Use Table" Subsection `Residential Uses, Household Living" is amended to add the «"symbol to the column labeled Also in NR Table to reflect that the category one-family attached (townhouse, rowhouse,) is also included in Section 4.803 "Nonresidential District Use Table Subsection `Residential Uses,. Household Living. SECTION 3. Chapter 4 Article 9 of Ordinance No. 13896, the Zomng Ordinance of the City of Fort Worth, of Section 4.906, `Central Business ("H") District" Subsection `Property Development Standards" is amended by amending the table in Subsection C `property Development Standards" to exempt the property development standards of the `H" central business district from restrictions to residential density by adding the categories, `Umts per Acre" and `Units per Building" and the corresponding statement, "No Restriction for each category in the table as follows. Front Yard None re uired Rear Yard None re uired Units per No Restriction Acre Units per No Restriction Buildin 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 4 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") District" Subsection `Property Development Standazds" is amended to requue a 20 foot pnvate common access easement for rear access as follows: 4.906.C Property Development Standards The mimmum dimension of lots and yards and the height of buildings m the Central Business ("H") Distract, shall be as shown in the accompanying table. Development in this distract shall be exempt from Chapter 6, Article 1 Sections 6 lO1B, 6.hOhC, 6.lOlE, and 6.1O1F Access for one-family attached (townhouse, rowhouse) units shall be provided to each principal building by a. A public street or alley or by b A pnvate common access easement that is not less than 20 feet in width. This distract may only be applied to that area known as the Central Busines's ("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 Boulevazd to 7th Street and by the center of the Tramty River°north of 7th Street; and on the north by the center of the Trinity River to the extension of Grove Street and thereafter by Bluff Street, as shown m Exhibit B.15 SECTION 5. Chapter 9 of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, Section 9 101 `Defined Terms" is amended to define a pnvate common access easement as follows. ACCESS EASEMENT PRIVATE COMMON An azea created by plat or separate instrument filed with the office of the County Clerk other than a dedicated street or place, or an alley which is maintained free and cleaz of buildings, structures and other obstructions for the purpose of providing free passage of vehicles. 5 SECTION 6. 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 in direct conflict with the provisions of such ordinances and such Code, m which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 7 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 unconstitutional by the valid judgment or decree of any court of competent ~unschction, 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 m this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8. Any person, firm or corporation who violates, disobeys, ormts, 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 9. 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 6 civil and criminal, whether pending m court or not, under such ordinances, same shall not be affected .by this ordinance but maybe prosecuted until final disposition by the courts. SECTION 10. 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 11. This ordinance shall take effect upon adoption and publication as required by law APPROVED AS TO FORM AND LEGALITY David Yett, City Attorney Assistant Attorney ADOPTED• ~- ~- d - ~ EFFECTNE. I '~ od ~ ®~ 7