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HomeMy WebLinkAboutOrdinance 14894d ' 1 ~, ORDINANCE NO. ~~U 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", TO ADD SECTION 2.104 ESTABLISHING A DOWNTOWN DESIGN REVIEW BOARD; ADDING ARTICLE 12, "URBAN DESIGN DISTRICTS" TO CHAPTER 4, ADDING SECTION 4 1200, "URBAN DESIGN DISTRICT-DOWNTOWN", ESTABLISHING A DOWNTOWN URBAN DESIGN DISTRICT AND PROVIDING FOR DESIGN STANDARDS FOR NEW CONSTRUCTION AND CERTAIN RENOVATIONS IN THE DOWNTOWN AREA, REQUIRING A CERTIFICATE OF APPROPRIATENESS FOR NEW CONSTRUCTION AND CERTAIN RENOVATIONS IN THE DOWNTOWN AREA, PROVIDING AN APPEALS PROCESS, 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, Downtown Fort Worth has been successful in recent years m attracting people back to the central city to live, work, play and shop, WHEREAS, the renaissance of Downtown .is m part attributable to the authentic urban quality of Downtown that has been preserved m some buildings, streets and corridors including Main Street m Sundance Square and has been recreated m other places such as Sundance East, the Firestone and Hillside neighborhoods, and the Fort Worth Outlet Center; WHEREAS, these more successful areas of Downtown are those that have implemented urban characteristics described ~~m Urban Design Guidelines promulgated by Downtown Fort Worth, Inc. WHEREAS, such guidelines are designed to accommodate pedestrian and vehicular access, encourage pedestrian-friendly spaces, mazntam the urban building edge, encourage street level activity, link Downtown areas and ad~ommg districts and encourage diversity and contrast; WHEREAS, rt is advisable to establish the Urban Design District-Downtown, to adopt the Downtown Urban Design Guidelines promulgated by Downtown Fort Worth, Inc , to establish a Downtown Design Review Board authorized to review new construction and certain renovations of property m the Downtown area, and to provide a process for appeal of the board's decisions to the City Council, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS SECTION 1 Chapter 4 of Ordinance No 13896, the zoning ordinance of the City of Fort Worth, "Distract Regulations", is amended to add Article 12, "Urban Design Districts" SECTION 2 Chapter 4 of Ordinance No 13896, the zoning ordinance of the City of Fort Worth, is amended to add Section 4 1200, "Urban Design District-Downtown", as follows A. Purpose and Intent The purpose of the Urban Design Distract-Downtown is to establish design standards for new construction and certain renovations of property m the Downtown area m order to protect and enhance the character of Downtown, encourage economic development and protect property values B. Boundaries of Urban Design District-Downtown The Urban Design Distract-Downtown includes all land located within the area bounded by the followmg• Beginning at the intersection of Summit Avenue and Interstate 30 (West Freeway), running north along Summit Avenue to West Belknap Street, along Belknap Street to Lexington Street, along Lexington to the north and extending to the center line of the Clear Fork of the Tr~mty River, downstream to a projection of Jones Street, south along the projection and Jones Street to East Belknap Street, east along Belknap Street to the Burlington NorthernlSanta Fe Railroad, south along the railroad to an intersection with Interstate 30 (West Freeway), then west along Interstate 30 to Summit Avenue. The area includes properties that ad~om all streets included m the boundary The area is as shown m Exhibit B 15 2 C. Relationship of Urban Design District-Downtown to Base Zoning Districts The Urban Design Distract-Downtown is a zoning overlay that supplements the primary underlying zoning distract 'classification. The permitted uses of the property shall be determined by the use regulations set forth for the primary zoning district classification for the property Development of projects m the Urban Design District-Downtown shall be subject to the Downtown Urban Design Standards m accordance with this section. In the event of any conflict between the design standards and any provision of this ordinance, the design standards shall control. D Downtown Urban Design Standards Adopted Sections 2 through 5 of the Downtown Urban Design Standards are hereby approved by the City Council and are included m the zoning ordinance by reference All future amendments to Sections 2 through 5 of the Downtown Urban Design Standards must be considered by the Zoning Commission and approved by the City Council m accordance with the procedure set out m Article 5, Chapter 3 Sections 1 and 6 'through 9 of the Downtown Urban Design Standards relate primarily to development of public spaces and are not adopted as part of the zoning ordinance E. Certificate of Appropriateness Required Within the Urban Design District-Downtown, issuance of a certificate of appropriateness reflecting compliance with Sections 2 through 5 of the Downtown Urban Design Standards is required as a condition for the following 1 Acceptance by the Development Department of an application for a building permit for construction of a new structure, 2 Acceptance by the Development Department of an application for a building permit for expansion of an existing structure, 3 Acceptance by the Development Department of an application for a building permit for renovation, remodeling or other alteration of the first and/or second floor of an existing structure, and 4 Construction of a surface parking lot 3 1F G Pre-Design Conference A pre-design conference with the Development Director or a designee is required before an applicant makes application for a certificate of appropriateness. Two copies of a site plan containing the following information shall be submitted to the Development Director for discussion at the pre-design conference 1 Footprints of all existing structures 2 Proposed footprints of all new structures 3 Existing structures adjacent to the property 4 Existing and proposed floor plans of first and second floors (schematic drawings) 5 Building setbacks 6 Location of parking areas 7 Location of landscape areas 8 Two copies of building elevations for all sides of the building 9 Photographs of the site and ad~ommg properties Application for Certificate of Appropriateness The following materials shall be submitted to the Development Department m connection with an application for a certificate of appropriateness. The materials must be submitted at least ten days before the meeting of the Design Review Board at which the application for a certificate of appropriateness wzll be considered. 1 Five copies of site plan including a. Footprints of all existing structures b Proposed footprint of all new structures c Existing structures adjacent to the property d. Building setbacks e. Location of parking., areas, parking lot islands, driveways, sidewalks, walkways, loading areas, walls or fences, utilities, lighting, signage, at grade mechanical units, dumpsters, and all other site improvements. 2 Five copies of landscape plan including location and dimension of areas to be landscaped (including private property, ad~ommg right-of--way and parking lot islands), total amount of landscaped area, location, number and planting size of .all trees, shrubs, and groundcover, location and coverage of irngation system, and location and description of street furniture. 3 Five copies of schematic floor plans depicting the arrangement of interior spaces, location of windows and doors, mechanical equipment, electrical 4 meter and utility locations. First floor site plans should show the relationship between the first floor and the site 4 Five copies of schematic building elevations for all sides of the building(s) showing design of all elevations, existing grade, proposed grade, finish floor elevations, roof slopes, mechanical vents and equipment, location and type of outdoor fight fixtures, design and location of all wall sign(s) and notations regarding exterior colors and material, 5 Material specification outline with samples, brochures and/or photographs of all exterior building and site materials, finishes and fixtures. 6 For all detached signs, five site plans drawn to scale indicating sign location and drawings of proposed sign, lettering and graphics, drawn to scale of at least one-quarter inch to the foot including any support structures. Colors of the proposed sign shall be indicated on the drawing and actual color samples shall also be furnished. Any proposed illumination shall be indicated on the drawing. H. Authority to Approve CertiCcate of Appropriateness 1 Approval of requirements concerning walkway areas and landscape, contained m Sections 2 and 3 of the Downtown Urban Design Standards, shall be by the Development Director or a designee. 2 Approval of requirements concerning building edge and signs and banners, contained m Sections 4 and 5 of the Downtown Urban Design Standards shall be by the Downtown Design Review Board. Meetings of the Downtown Design Review Board shall be conducted m accordance with Section 2 104 I. Appeal 1 All decisions of the Development Director or a designee concerning walkway areas and landscape may be appealed by the applicant to the Downtown Design Review Board by submitting a written appeal to the City Secretary wrthm ten days after receipt of notification of the Development Director's or a designee's decision. Hearings by the Downtown Design Review Board shall be held m accordance with Section 2 104 The Downtown Design Review Board may uphold, reverse or modify the decisior_ of the Development Director or a designee. 2 All decisions by the Downtown Design Review Board may be appealed to the City Council by the applicant. A written notice of appeal must be filed with the City Secretary within ten days after receipt of notification of the Downtown Design Review Board's decision. The appeal shall be a de 5 novo hearing. The City Council shall schedule a hearing on such appeal within 30 days after receipt of the notice of appeal, or as soon thereafter as reasonably practicable The Crty Council may uphold, reverse or modify the board's decision. SECTION 2. Chapter 2 of Ordinance No 13896, the zoning ordinance of the Crty of Fort Worth, "Review Bodies", is hereby amended by adding Section 2 104,"Downtown Design Review Board", as follows A. Creation and Appointment There is hereby created a Downtown Design Review Board, to be composed of three qualified electors of the Crty of Fort Worth and two alternates. The Board shall include one architect/design professional, a downtown business owner/manager, and a real estate professional The alternate members shall be chosen from the same professions and shall serve when regular Board members are unable to attend. B. Terms of Office The members of the Downtown Design Review Board and alternates shall be identified by place numbers one through five. 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 C. Meetings and Quorum Three members of the Downtown Design Review Board shall constitute a quorum for the conduct of business. The members of the Downtown Design Review Board shall regularly attend meetings and public hearings and shall serve without compensation, except for reimbursement for authorized expenses attendant to the performance of their duties. D Attendance Report Each month a report shall be submitted to the City Council showing the cumulative attendance of each member of the Downtown Design Review Board, with notation of members who have been absent from three consecutive meetings. 6 E. Powers and Duties The Downtown Design Review Board is hereby charged with the duty and invested with the authority to 1 Enforce the Downtown Urban Design Standards for new construction and renovations by hearing and deciding applications for certificates of appropriateness m accordarieewith Section 4 1200; and. 2 Propose amendments to the Downtown Urban Design Standards to the Zoning Commission and City Council from time to time F. Decision by Downtown Design Review Board Two affirmative votes by members of the Downtown Design Review Board shall be required to approve a Certificate of Appropriateness or to propose amendments to the Downtown Urban Design Standards. SECTION 3. Section 6 301(G)(5) of Ordinance No 13896, the zoning ordinance of the City of Fort Worth, "Landscaping", is hereby amended to reflect~that construction and expansion of structures m the "H" Central Business District may be subject to landscape requirements m the Downtown Urban Design Standards, as follows 5 Construction or expansion of structures m the "H" Central Business District bounded by Henderson Street on the west, Vickery Boulevard on the south, I-35 on the east and Bluff Street on the north, except for the area between Henderson Street and the extension of Grove Street, where the northern boundary shall extend to the center of the Trinity River; provided, however, the project may be subject to the Downtown Urban Design Standards adopted m accordance with Section 4 1200 SECTION 4 Except as expressly amended, all provisions of the Ordinance No 13896, as amended, shall remain m full force and effect. 7 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 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 6. 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 ~unsdiction, 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 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 S. All rights and remedies of the Crty 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 cnmmal, whether 8 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 m 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 on February:. l 1, 2002. APPROVED AS TO FORM AND LEGALITY ~~~C' ~- - Assistant City Attorney ADOPTED ~'L~'-~-"~r~vti~ 1 I, 2 o V EFFECTIVE ~~ ~ . '7 .. 9