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HomeMy WebLinkAboutOrdinance 16039ORDINANCE NO. 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 2.102 `SCENIC PRESERVATION AND DESIGN REVIEW COMMISSION" OF CHAPTER 2, `REVIEW BODIES" TO DELETE THE TWO AD-HOC MEMBERS AND EXPAND THE POWERS OF THE SCENIC PRESERVATION AND DESIGN REVIEW COMMISSION 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, the City Council adopted Ordinance No 12088 on August 15 1995 estabhshmg the Scenic Preservation Commission to review and designate areas of the Crty as scenic, cultural, architectural or historic areas and to address off-premises signs m those designated areas, WHEREAS, the revised cellular telecommunications ordinance required that a design review committee be created to review the proposed designs for stealth communication towers and surface mounted antennas; WHEREAS, on October 8, 2002 the City Council adopted Ordinance Number 15284 renaming the Commission to the Scemc Preservation and Design Review Commission, expanding the powers to include designs for stealth communication towers and surface mounted antennas and increasing the membership of the Commission to nine regular members and two ad hoc members, and WHEREAS, certain unique areas of mixed-use growth centers and urban villages m the Crty are targeted to be nominated as Urban Design Distracts, WHEREAS, upon designation as an Urban Design Distract or a Conservation Distract, design guidelines will be adopted to provide guidance to owners and the city m implementing the intent and purpose of the distract; WHEREAS is advisable to amend Section 2.102 of the Zoning Ordinance to delete the two ad-hoc members, expand the powers of the Scenic Preservation and Design Review Commission to allow the Commission to recommend areas as Urban Design Distracts or Conservation Distracts, and review and recommend approval or modification of proposed design guidelines of the distracts to the Crty Council, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS SECTION 1. Chapter 2 of Ordinance No 13896, the zoning ordinance of the City of Fort Worth, `Review Bodies" Section 2.102 `Scenic Preservation and Design Review Commission is amended to expand the powers and dunes of the Commission as follows. 2.102 Scenic Preservation and Design Review Commission A. Creation and Appointment There is hereby created a Scenic Preservation and Design Review Commission for the purpose of 1 Recommending the designation of scenic, cultural, architectural, or histoncal areas of the Crty as a Conservation Distract; 2. Recommending the designation of Urban Design Distracts, 3. Reviewing and approving stealth communication towers as well as antennas that are surface mounted on enclosed buildings and structures, 4. Reviewing and recommending to the Crty Council the approval or modification of proposed design guidelines for Urban Design Districts and Conservation Distracts, except those distracts where a separate design review board is established by the City Council, 5. Reviewing and approving projects m Urban Design Distracts and Conservation Distracts for compliance with design guidelines, except those 2 distracts where a separate design review board is established by the City Council, and 6. Reviewing and approving design standards for other projects as directed by the City Council. B. Members The Scenic Preservation and Design Review Commission shall consist of mne qualified electors of the City The City Council will consider for appointment to the Commission as members only those persons who have demonstrated their civic interest, general knowledge of the community independent judgment, and availability to prepare for and attend meetings. Wherever possible, five of the nine appointees should be practicing professionals from the fields of architecture, landscape architecture, urban planning, real estate, or law The members of the Commission shall regularly attend meetings and public hearings of the Commission and shall serve without compensation, except for reimbursement for authorized expenses attendant to the performance of their duties. C. Terms of Office Place numbers one through mne shall identify the mne members of the Scemc Preservation and Design Review Commission. The odd-numbered places shall expire on October 1 of each odd-numbered year and the even-numbered places shall expire October 1 of each even-numbered year Members may be appointed to succeed themselves. Vacancies shall be filled for unexpired terms but no member shall be appointed for a term m excess of two years. D. Quorum Six voting members of the Scemc Preservation and Design Review Commission shall constitute a quorum. A motion to approve any matter before the Commission shall require the affirmative vote of five voting members of the Commission. E. Powers and Duties Nomination of a Scenic, Cultural, Architectural or Historical Area as a Conservation District a. Designation The Scenic Preservation and Design Review Commission may nominate for designation as a Conservation District any area within the city that is a scenic, cultural, architectural, or historical area per the criteria as set out in this section. Nomination by the Scemc Preservation and Design Review Commission shall be in the form of a resolution requesting that the Development Department submit the nomination to the Zoning Commission for consideration. All properties nominated based on its historical significance shall be submitted to the Historic and Cultural Landmarks Commission for consideration and recommendation prior to submission to the Zoning Commission. Applications and the procedure for designation of a scenic, cultural, architectural, or historical area as a Conservation Distract shall follow the procedures outlined m Chapter 4 Article 4 `Conservation (CD) Overlay District. Upon designation of an area as a Conservation District, the designation shall be recorded on the official zoning maps of the City with the suffix `CD" and filed m accordance with the requirements set out in Chapter 4 Article 4 `Conservation (CD) Overlay Distract. b. Criteria for designation of scenic, cultural, architectural, or historical areas as a Conservation District An area must satisfy one or more of the following criteria m order to be nominated for consideration as a Conservation Distract based on its a scenic, cultural, architectural or historical significance: i. Character of Fort Worth Distinctive m character interest or value as part of the development, heritage or cultural characteristics of the City of Fort Worth, State of Texas or the United States. ii. Architectural significance: Group of buildings, which are examples of a significant architectural style/design or innovation or have been identified as the work of an important architect. iii. Historic event or person The site of a significant historic event or is identified with a person or persons who significantly contributed to the culture and development of the area. iv Character of neighborhood. The area represents a resource, whether natural or man-made, which greatly contributes to the character or image of a defined neighborhood or community area. v Historical area. An area that represents an historical significance to the City of Fort Worth. vi. Views and vistas. Dramatic views, horizon fines, urban scenes, and vistas. vii. Gateways. Is a primary gateway to the city viii. Connecting routes. Routes that connect scenic areas even though the route itself is of marginal value. ix. Parks. City state or federal parks and recreation areas or other areas that are maintained by the city parks and community services department. x. Natural features Represents an example of a natural feature including: (a.) Streams, lakes and wetlands, (b) Unusual geological formations, (c.) Recreational areas and floodplains, (d.) Outstanding areas of natural vegetation. 4 Z. Stealth Telecommunication Tower and Antenna Designs The Scenic Preservation and Design Review Commission shall review and approve, modify or reject proposed designs for stealth telecommunication towers and all antennas that are surface mounted on stealth telecommunication towers, structures, and enclosed buildings considering the materials, colors, textures, screening and landscaping designs of the equipment structure and any other permitted structures to determine the visibility aesthetic impact, and compatibility to the surrounding natural or built environments. 3. Nomination of Urban Design Districts a. Designation The Scenic Preservation and Design Review Commission may nominate mixed-use growth centers and urban villages, or sections thereof, as Urban Design Distracts. Nomination by the Scenic Preservation and Design Review Commission shall be m the form of a resolution requesting that the Development Department submit the nomination to the Zoning Commission for consideration. Applications and the procedure for designation of an Urban Design District shall follow the procedures outlined m Chapter 3 Article 5 `Text or Map Amendment. Upon designation of an area as a Urban Design Distract, the designation indicating -the boundaries of the district shall be adopted as an exhibit to the Zoning Ordinance. b. Criteria Urban Design Districts, such as the Downtown Urban Design Distract, shall be unique areas m which mixed-use, pedestrian-oriented development is desirable. Urban Design Distracts are overlay zoning districts within which the SPDRC, or adistrict-specific body appointed by the City Council, has design review authority as described in section E.4 4 Guidelines and Certificate of Appropriateness In order to enhance the character of the distracts, encourage economic development and protect property values, the Scenic Preservation and Design Review Commission shall. a. Review and recommend to the City Council the approval or modification of proposed design guidelines for designated Urban Design Districts and Conservation Districts, and b. Review and approve, modify or reject a Certificate of Appropriateness for new construction and renovations for compliance with the adopted design guidelines for designated Urban Design Districts and Conservation Distracts that do not have a City Council approved design review board. 5 5. Design Standards Directed by City Council. In order to protect and enhance the character of the districts, encourage economic development and protect property values, the Scenic Preservation and Design Review Commission shall review and approve, modify or reject design standards for other applications as directed by the City Council F Notice i. Nomination of Scenic, Cultural, Architectural or Historical Areas as a Conservation District: Written notice of any application before the Scenic Preservation and Designation Review Commission for the nomination of any scenic cultural, architectural or historical area as a Conservation District shall be given at least ten days prior to any meeting to the owner or owners of the property within such area to be so designated, as such ownership appears on the last approved Crty Tax Roll. Such notice maybe served by depositing the same, properly addressed and postage paid, m the United States mail. The same notice and hearing requirements as for changes in zoning shall be followed by the Zoning Commission and the Crty Council at all hearings to designate any scenic, cultural, architectural or historical area as a Conservation District (See Chapter 3 Article 5 and Chapter 4 Article 4 `Conservation (CD) Overlay Distract"). 2. Stealth Telecommunication Tower and Antenna Designs Wntten notice of all public hearings before the Scenic Preservation and Design Review Commission shall be sent to the owners of real property lying within 300 feet of the proposed site. Such notice shall be given not less than ten days before the date set for the hearing to all such owners, as the ownership appears on the last approved City Tax Roll. Such notice may be served by depositing the same, properly addressed and postage paid, m the United States mail. Notice of the public hearing before the Commission shall also be given by publication one time m a paper of general circulation m the mumcxpality at least 15 days before the time of the hearing and sent to all neighborhoods registered with the Development Department that include property within 300 feet of the proposed site. 3. Design Overlay Districts Wntten notice shall be given at least ten days prior to any meeting to the owner or owners of the property within the overlay district, as such ownership appears on the last approved ad valorem tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, m the United States mail. 6 G. Appeal Any aggrieved person or entity may appeal any decision of the Scenic Preservation and Design Review Commission, other than the nomination of an area as a Conservation District, (which is a recommendation to the Zoning Commission) to the City Council. A written notice of appeal must be filed with the City Secretary wrthm ten days after receipt of notification of the Commission s decision. The City Council shall schedule a hearing on such appeal wrthm 30 days after receipt of the notice of appeal, or as soon thereafter as reasonably practicable. The City Council may uphold, reverse, or modify the Commission s decision. SECTION 2. Except as expressly amended, all provisions of the Ordnance No 13896, as amended, shall remain in full force and effect. SECTION 3. 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 m 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 4. 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 jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this 7 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 5. 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 6. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No 3011 Ordinance No 13896, or any other ordinances affecting zoning that 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 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 7 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. 8 SECTION 8. This ordinance shall take effect upon adoption and publication as required by law APPROVED AS TO FORM AND LEGALITY Assi t City Attorney ADOPTED• ~~~~~~ EFFECTIVE. L~ ~ ~