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HomeMy WebLinkAboutOrdinance 13404ORDINANCE NO. ~~ AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 3011, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY AMENDING SECTION 1 TO ADD DEFINITIONS OF "ARTIFICIAL LOT", "CALIPER", "COMMERCIAL/INSTITUTIONAL USE", "DEVELOPED SITE", "INDUSTRIAL USE", "LANDSCAPE AREA", "LANDSCAPE PLAN", "MOBILE HOME USE", "NET SITE AREA", "PARKVIIAY", AND "UNDEVELOPED SITE"; CREATING A NEW SECTION 18, SUBSECTION "E", "LANDSCAPE REQUIREMENTS", PROVIDING FOR REQUIRED LANDSCAPING OF CERTAIN COMMERCIAL, INDUSTRIAL, INSTITUTIONAL AND MOBILE HOME DEVELOPMENTS, PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, is hereby amended by adding the following definitions to Section 1, "Definitions", to read as follows. ARTIFICIAL LOT Portion of a one (1) acre or larger tract that contains the area to be developed as an individual project and that encompasses all improvements, including parking, related to the project. CALIPER. The diameter of a tree trunk measured twelve (12) inches above ground level The caliper of amulti-trunk tree is determined by the full caliper of the largest trunk plus half the caliper of the other trunks. COMMERCIAUINSTITUTIONAL USE. For the purpose of the landscape provisions of Section 18 E, the following uses. are considered to be commercial/institutional 1) Any use allowed by right in the Class III Commercial zoning districts, as defined in Section 2 of the Comprehensive Zoning Ordinance, including public and private schools and churches, 2) Private recreation facilities in mobile home subdivisions in "MH" Mobile Home District; 3) Principal and special exception uses in the "CF" Community Facilities District; and 4) The following uses, which are permitted only d After the effective date of this ordinance, rio portion of the parkway shall be paved, except for sidewalks or driveways permitted by Transportation and Public Works Department. 3 LANDSCAPE REQUIREMENTS a Applicabili~• These landscape requirements shall be applicable to the following construction, subject to the exemptions in Section 3(b) immediately following 1) Construction of new structures for which a building permit is required for any commercial/institutional and industrial uses Landscape requirements do not apply to structures that do not create or expand building square footage or to temporary structures such as job shacks associated with construction activities, 2) Expansions of structures used for commercial/institutional and industrial uses that increase the footprint of existing structures by at least thirty percent (30%), and that add at least 3000 square feet to existing structures Expansions that do not meet both the thirty percent (30%) and the 3000 square foot criteria are not subject to these landscape requirements, and 3) Construction of mobile home parks and recreational vehicle parks for which a permit is required pursuant to Chapter 13-2 of the City Code and private recreation facilities located in mobile home subdivisions b Exemptions From Landscape Requirements: The following are not subject to these landscape requirements 1) Construction or expansion of one-family and two-family dwellings, 2) Construction or expansion of multi-family and mixed use developments subject to unified residential development provisions set out in Section 16A of the Comprehensive Zoning Ordinance, 3) Change in use of an existing structure, unless the structure is expanded in accordance with Section 3(a)(2) above, 4) Construction or expansion of structures in the Central Business District bounded by Bluff Street on the north, Henderson Street on the west, I-35 on the east and Vickery Boulevard on the south, and 5 5) Temporary buildings in place for a maximum of five (5) years and erected as accessory buildings for elementary and secondary schools and institutions of higher education c. andscape Area Rea i~red• Construction projects subject to this section shall provide landscape areas calculated as follows 1) Commercial/institutional uses A minimum often percent (10%) of net site area shall be landscaped, provided, however, for new construction on undeveloped sites, the required landscape area shall not be less than the minimum landscape area set out in Table A, "Minimum Landscape Areas" In addition a) For every 500 square feet, or fraction thereof, of required landscape area, one (1) tree of three (3) inch caliper or larger is required Up to fifty percent (50%) of the required number of trees may be replaced by five (5) gallon shrubs at the rate of one (1) tree equals ten (10) shrubs b) For every fifty (50) square feet, or fraction thereof, of required landscape area, one (1) shrub a minimum of five (5) gallons in size is required Up to fifty percent (50°t°) of the required number of shrubs may be replaced by three (3) inch caliper trees at the rate of ten (10) shrubs equals one (1) tree 2) Industrial uses and mobile home uses A minimum of four percent (4%) of net site area, or, at the option of the developer, a landscape area at least thirty (30) feet in depth along the length of the property line frontage on all public rights-of-way abutting the properly; provided, however, for new construction on undeveloped sites, the required landscape area shall not be less than the minimum landscape area set out in Table A, "Minimum Landscape Areas" In addition a) For every 500 square feet, or fraction thereof, of required landscape area, one (1) tree of three (3) inch caliper or larger is required Up to fifty percent (50%) of the required number of trees may be replaced by five (5) gallon shrubs at the rate of one (1) tree equals ten (10) shrubs. b) For every fifty (50) square feet, or fraction thereof, of required landscape area, one (1) shrub a minimum of five (5) gallons in size is required Up to fifty percent (50%) of the required s number of shrubs may be replaced by three (3) inch caliper trees at the rate of ten (10) shrubs equals one (1) tree. d Irrigation A permanently installed irrigation system shall be installed to provide total water coverage to all plant materials installed pursuant to this Section e Miscellaneous Reouirements 1) All required landscape areas adjacent to vehicle use areas shall be protected by wheel stops, curbs, or other physical barriers 2) All required landscape areas shall be located outside the exterior perimeter of the footprint of a building or structure 3) A minimum of seventy-five percent (75%) of all required landscape areas shall be located in the front yard between the building line and the front property line For lots with multiple street frontages, a minimum of seventy-five percent (75%) of all required landscape areas shall be located in the yard abutting the street with the greatest pavement width, unless the Director of Development approves a modification to this requirement in accordance with Subsection (g) below When an artificial lot or a building expansion is separated from property abutting a street frontage, the required landscape areas may be located anywhere on the site subject to Section 3(e)2 4) In addition to required trees and shrubs, all of the required landscape area must be covered with grass, organic mulch, or live groundcover Preservation of Trees In order to encourage the preservation of existing trees, the area within the dripline of trees over six (6) caliper inches that is protected by fencing during grading and construction and is included in the required landscape area shall receive double credit toward the required landscape area g Modification of Landscape Requirements The Director of Development or his/her designee may approve minor variations in the location of required landscape materials due to unusual topographic constraints, sight restrictions, siting requirements, preservation of existing stands of native trees or similar conditions, or in order to maintain consistency of established front yard setbacks These minor changes may vary the location of required landscape materials, but may not reduce the amount of required landscape area or the required amount of landscape materials The landscape plan 7 in "PD" Planned Development Districts: halfway houses, gambling facilities or other operations featuring games of chance (including bingo parlors), and horse, dog, and automotive racing Uses subject to the unified residential development provisions set out in Section 16A of the Comprehensive Zoning Ordinance are not included DEVELOPED SITE. For the purpose of the landscape provisions in Section 18 E, a premises that contains existing structures or buildings for which a building permit was required INDUSTRIAL USE For the purpose of the landscape provisions of Section 18 E, industrial use includes 1) Any use allowed by right in the Class IV Industrial zoning districts, as defined in Section 2 of the Comprehensive Zoning Ordinance, with the exception of commercial/institutional uses, as defined in Section 1 of the Comprehensive Zoning Ordinance, and 2) all uses permitted only in a "PD" Planned Development District with the exception of halfway houses, gambling facilities or other operations featuring games of chance (including bingo parlors), and horse, dog, and automotive racing LANDSCAPE AREA. Area of required landscaping provided in conformance with Section 18 E(3) A D CAPE PLAN Site plan depicting the locations and dimensions of all structure footprint(s), paved areas, special site features and landscape areas as required in Section 18 E, Subsection 2(b) MOBILE HOME USE For the purpose of the landscape provisions set out in Section 18 E, mobile home use shall include mobile home parks and recreational vehicle parks allowed by right in the "MH" Mobile Home District. NET SITE AREA. Area used to calculate landscape requirements. This area is calculated as follows. For undeveloped sites: All areas of a site except 1) the footprint of proposed buildings and other proposed structures, and 2) any bufferyard areas required by Section 18 D of the Comprehensive Zoning Ordinance For developed sites. All areas of a site except 1) the footprint of existing buildings and structures, 2) the footprint of proposed buildings and structures,. 3) existing parking lots not in excess of 10% over the number of required parking spaces and paved access areas, and 4) any bufferyard areas required by Section 18 D of the Comprehensive Zoning Ordinance PARKWAY The area of public right-of--way located between the curb or edge of pavement and the property line 2 shall be submitted and shall specify the modifications requested and present a justification for such modifications. h Installation and Maintenance 1) All landscape materials shall be installed within ninety (90) days after issuance of a certificate of occupancy Such ninety (90) day period may be extended for an additional ninety (90) days by the Director of Development. Upon completion of installation of all plant materials, the owner or agent shall notify the Department of Development of completion of installation and shall request inspection Verification by the Department of Development of installation in compliance with this ordinance shall be required 2) The owner shall maintain all landscape materials in good condition in accordance with the terms of this Section Variances by Board of Adjustment: 1) As provided by state law, the Board of Adjustment may grant variances to the provisions of this section only if the variance is not contrary to the public interest and, due to special conditions, a {iteral enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done As provided by state law, a "hardship" does not include financia{ hardship resulting from compliance with the landscape provisions. 2) The City Manager orhis/her designee shall report monthly to the City Council any variances granted to this ordinance 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 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 8 UNDEVELOPED SITE For the purposes of the landscape provisions in Section 18 E, a premises that does not contain a structure or building for which a building permit was required SECTION 2. Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, is hereby amended by creating a new Section 18, Subsection "E", "Landscape Requirements", as follows PURPOSE It is the purpose of this section to preserve the existing natural environment whenever possible and to provide landscape amenities, setbacks and screening which promote a positive urban image by promoting quality development, enhancing property values, providing landscape improvements in all parts of the city, and promoting orderly growth and aesthetic quality in the city 2 MISCELLANEOUS PROVISIONS a Delineation of Artificial Lot: If a developer wishes to develop a portion of a one (1) acre or larger tract, the developer may request that the Director of Development delineate the portion of the tract to be developed as an artificial lot, for purposes of calculating landscape requirements for the development. Artificial lots may be delineated in any type of development, including schools and churches. All artificial lots shall meet the following requirements: 1) contain the entire area on which the development is to occur, including all paved areas, 2) contain a land area of less than fifty percent (50%) of the entire tract, or, if the proposed artificial lot contains more than fifty percent (50%) of the entire tract, the Director must determine that a substantial amount, of the tract is not affected by the proposed development; and 3) be delineated on the landscape plan as required in Subsection 2(b), below 3 b Submittal of Landsca Plan A landscape plan shall be submitted to the Building Official together with the application for a building permit. The following information shall be shown on the required landscape plan 1) calculation of net site area showing all existing and proposed structures, parking and access, other paved areas, and all required bufferyard areas pursuant to Section 18 D; 2) calculation of required landscape area, 3) location and dimensions of areas to be landscaped and total amount of landscaped area, 4) location, number and planting size of all trees, shrubs, and groundcover including both required and actual materials provided, 5) location and coverage of required irrigation system, and 6) delineation of artificial lot, if applicable, including depiction of all proposed and existing structures, access drives, appurtenant parking and other paved areas proposed for expansion or new construction c. Screening for commercial/institutional uses shall include screening of loading docks, truck berths, refuse handling facilities (including refuse disposal and recycling), and ground level mechanical equipment visible from public right- of-way and is required per the following 1) Loading docks and truck berths Opaque walls, wooden screening fences, landscaped berms, or landscape areas all of which must be a minimum of eight (8) feet in height and must screen loading dock areas from view from the public street right-of--way with the greatest pavement width parallel to the trailer berths. Screening shall be of sufficient length to screen the maximum size trailer which can be accommodated on site and shall be parallel to trailer berths Example Docks and berths that accommodate a fifty (50) foot trailer shall be screened with a fifty (50) foot wall parallel to the berth See Figures 1-5 2) Refuse handling facilities and mechanical equipment: Opaque walls or wooden screening fences of not less than the height of the facilities or equipment to be screened are required to screen the view from any public street right-of--way Permanent walls are required on three (3) sides with an opaque gate allowed on the fourth side 4 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 void, ineffective, or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness, or 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 in this ordinance of any such void, ineffective or 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 and No/100 Dollars ($2,000 00) for each offense Each day that a violation is permitted to exist 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 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 9 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(a), Texas Local Government Code. SECTION 8. This ordinance shall take effect 180 days after its passage and publication as required by law APPROVED AS TO FORM AND LEGALITY ov~.~~ ssistant City Attorney Date. I V l (~ C~~~~ I Q 9~ Adopted ~ Gttic~Q,~._ ~? ~ ~ ~ 4q ~' ~o Table A Minimum Landscape Area for Undeveloped Sites Building/Structure Footprint 0 to 10,001 to 20,001 to 30,001 to 40,001 to 50,001 an 10,000 square feet 20,000 square feet 30,000 square feet 40,000 square feet 50,000 square feet d over square feet Minimum Area to be Landscaped Equals the Greater of• 500 square feet or 10% of footprint 1000 square feet or 9% of footprint 1800 square feet or 8% of footprint 2400 square feet or 7% of footprint 2800 square feet or 6% of footprint 3000 square feet or 5% of footprint