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HomeMy WebLinkAboutOrdinance 14436ORDINANCE NO. ~ ~ ~~ AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEINGjORDINANCE NO 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), ALLOWING PLANNED DEVELOPMENTS FOR RESIDENTIAL DWELLINGS, EITHER _ EXCLUSIVELY OR IN CONJUNCTION WITH COMMERCIAL, LIGHT INDUSTRIAL AND/OR INSTITUTIONAL USES, PROVIDING THAT PLANNED DEVELOPMENTS LOCATED IN MIXED-USE GROWTH CENTERS ARE ELIGIBLE TO HAVE MORE THAN 24 MULTIFAMILY UNITS PER ACRE, REPEALING PROVISIONS IN SECTION 4.305(B) CONCERNING MIXED USE PLANNED DEVELOPMENTS AND MULTIFAMILY PLANNED DEVELOPMENTS IN EMPLOYMENT CENTERS; AMENDING SECTION 4.300 TO REFLECT THAT PLANNED DEVELOPMENTS ARE ALLOWED FOR RESIDENTIAL, COMMERCIAL, LIGHT INDUSTRIAL AND/OR INSTITUTIONAL USES, AMENDING SECTION 4.301 TO ADD ADDITIONAL SITE PLAN REQUIREMENTS, DELETING EXHIBITS B.1, "EMPLOYMENT CENTER MULTIFAMILY AREA 1 ", AND B.2, "EMPLOYMENT CENTER MULTIFAMILY AREA 2"; 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, the zoning ordinance of the Crty of Fort Worth permits planned developments for multifamily residential uses only as part of a mixed-used structure,or project or m designated employment areas adjacent to the-Central Business Distract and the Southside Medical Distract; WHEREAS, the zoning ordinance does not permit planned developments for one-family or two-family residential dwellings, WHEREAS, allowing planned developments for all types of residential dwellings, either exclusively or , m conjunction with commercial, light mdustnal, or institutional uses, or a combination thereof, will provide needed flexibility for developers and will enable the City Council to impose development requirements to promote compatibility and to mitigate potentially adverse impacts of the development; WHEREAS, the proposed 2000 Comprehensive Plan designates mixed-use growth centers, m which a combination of residential, commercial, light industrial and institutional uses is encouraged, WHEREAS, mixed-use growth centers may be appropriate locations for multifamily development m excess of 24 units per acre, the maximum allowed m the "D" High-Density J Multifamily Distract; WHEREAS, multifamily developments in excess of 24 units per acre should not be permitted m areas that are not designated as mixed-use growth centers, WHEREAS, rt is advisable to repeal existing provisions of the zoning ordinance that allow planned developments for multifamily dwellings as part of a mixed-use structure or project and multifamily dwellings m designated employment areas because such provisions will be superfluous upon amendment of the zoning ordinance to allow planned developments for all types of residential uses, either alone or in conjunction with commercial, light industrial and/or mstrtutional uses, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS SECTION 1. Chapter 4, Article 3 of Ordinance No 13896, the zoning ordinance of the Crty of Fort Worth, Section 4.305(B), "Specific Residential Uses Permitted m `PD' Distract Only", is hereby amended by repeating Subsection 2, relating to planned developments for multifamily dwellings as part of a mixed-use structure or project, and Subsection 3, relating to planned developments for multifamily dwellings m areas m or adjacent to designated employment centers. 2 Such sections are made superfluous by the adoption of this ordinance, which allows planned developments for multifamily dwellings as part of a mixed-use structure or project and multifamily dwellings at a density exceeding 24 units per acre m areas defined as mixed-use growth centers m the Comprehensive Plan. Subsection 3 currently allows multifamily dwellings exceeding 24 units per acre m the area adjacent to the Central Business Distract, defined as Employment Center Multifamily Area 1 shown on Exhibit B 1 to the zoning ordmance, and the area m and adjacent to the Southside Medical Distract, defined as Employment Center Multifamily Area 2 shown on Exhibit B.2 to the zoning ordinance Both areas are defined as mixed-use growth centers in the proposed 2000 Comprehensive Plan. Accordingly, multifamily developments exceeding 24 amts per acre would continue to be permitted m those areas under this ordmance. SECTION 2. Chapter 4, Article 3 of Ordinance No 13896, the zoning ordmance of the Crty of Fort Worth, Subsection 4.305(B), "Specific Residential Uses Permitted m `PD' Distract Only", is hereby retitled "Residential Planned Developments" and is amended to allow planned development distracts for all types of residential dwellings, including one-family dwellings, two-family dwellings, traplexes, fourplexes and multi-family dwellings. In addition, planned development distracts may be established for a combination of residential uses and commercial, light mdustraal and institutional uses. Section 4.305(B)(1) concerning halfway houses will continue m effect without change. Anew Section 4.305(B)(2) is added, as follows 3 B. Residential Planned Developments The follow.mg may be permitted through approval of a Planned Development m accordance with the procedures m this Article Halfway houses are permitted only through approval of a Planned Development. 1 Halfway houses (no change to current provision) 2. Residential dwellings, either exclusively or in combination with commercial, light industrial and/or institutional uses. The designated multifamily component of the Planned Development may contain more than 24 units per acre only m areas designated as mixed-use growth centers in the Comprehensive Plan. When the multifamily component of a Planned Development contains more than 24 units per acre, the applicant shall submit a service impact analysis to address impact on sewer and water service, traffic, storm drainage, nearby recreational amenities, 'and residential land uses within %2 mile, m addition to submitting a site plan m accordance with this article. For purposes of this section, a fight industrial use is any use allowed m the "I" Light Industrial Distract and an institutional use is any use allowed m the "CF" Community Facilities Distract. SECTION 3 Chapter 4, Article 3 of Ordinance No 13896, the zoning ordinance of the City of Fort Worth, Section 4.300, "Purpose and Intent", is amended to reflect that planned development distracts are permitted for the development of residential, commercial, industrial, and institutional uses or combinations thereof.. The first sentence of Section 4 300 is amended, as follows The Planned Development ("PD") District is intended to provide for greater flexibility and discretion m the development of residential, commercial, industrial, and institutional uses, and combinations of such uses. SECTION 4 Chapter 4, Article 3 of Ordinance No 13896, the zoning ordinance of the City of Fort Worth, Subsection 4.301(B), "Site Plan Requirements," is hereby amended to require that all planned development site plans show building height, building separation and open space and that ~. 4 site plans for residential dwellings show the density of residential dwellings per acre, as follows 14 Building height, building separation and open space. 15 Density per acre of any residential dwellings. SECTION 5. Appendix B of Ordinance No 13896, the zoning ordinance of the City of Fort Worth, "Maps", is hereby amended to delete Exhibit B 1, "Employment Center Multifamily Area 1" and Exhibit B.2, "Employment Center Multifamily Area 2" for the reason that Section 4.305(B)(3) allowing planned developments for multifamily dwellings m such areas is repealed by Section 2 above. ~~ SECTION 6. Except as expressly amended by this ordinance, all provisions of Ordinance No 13896, as previously amended, shall remain in full force and effect. SECTION 7. 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 8. 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 5 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 9 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 10. 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 3011, Ordinance No 13896, or any other ordinances affecting zoning 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 11. 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. 6 SECTION 12. This ordinance shall take effect upon passage and publication as required by law APPROVED AS TO FORM AND LEGALITY OV~~C~F-_ ('i assistant City Attorney ADOPTED ~ 12 ~ 2. o-~ ~ EFFECTIVE Qp/rr~~.~.~c/ ~ ~~ ~t.~ © y 7