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HomeMy WebLinkAboutOrdinance 12628ORDINANCE 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 SECTIONS 1, 2-H, 8, 8A, 86, 16, 16A, 17, 18 AND 19 CONCERNING ZONING AND DESIGN OF MULTI-FAMILY DWELLINGS; PROHIBITING MULTI-FAMILY DWELLINGS fN COMMERCIAL DISTRICTS; PROVIDING DESIGN REGULATIONS FOR MULTI-FAMILY DWELLINGS, INCLUDING NUMBER OF UNITS PERMITTED PER ACRE, BUILDING HEIGHT AND SEPARATION, SETBACK FROM PROPERTY LINES, PARKING AND OPEN SPACE; PROVIDING FOR EXPIRATION OF UNIFIED RESIDENTIAL SITE PLANS, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE, PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, approximately 9% of the City of Fort Worth, consisting of 26 square miles, is zoned for multi-family use, WHEREAS, approximately 1 5% of the City is currently developed for multi-family use, with approximately 60,000 multi-family dwelling units in the City; WHEREAS, development of the remaining 7 5% of the land zoned for multi family use at an average density of 25 units per acre would result in 414,850 multi-family dwelling units in the City; WHEREAS, at 2.15 residents per unit, the population living in such multi-family units would be 891,928 persons, which is approximately nine times the population currently residing in multi-family units, WHEREAS, the City's multi-family development regulations permit substantially denser development of multi-family housing than do other cities, WHEREAS, it appears that the City's zoning and development regulations regarding multi-family land uses are not adequate to regulate the quantity, density and design of multi-family land uses, WHEREAS, it appears that the City's zoning and development regulations regarding multi-family land uses do not adequately regulate the compatibility of such uses with single-family and other adjacent uses; WHEREAS, on June 11, 1996 the City Council adopted a moratorium on the acceptance of applications for zoning and development of multi-family land uses for 90 days pending adoption of revisions to the City's zoning and development regulations, pursuant to Ordinance No 12548; WHEREAS, the City's Department of Planning and Growth Management and Department of Development prepared a study evaluating existing and potential multi-family housing conditions within the City; WHEREAS, the Department of Planning and Growth Management and the Department of Development studied methods to address problems concerning the density and design of multi-family land uses and proposed revisions to the City's zoning and development regulations to address these issues; WHEREAS, the City Council appointed a committee to address these issues, consisting of four members of the City Council, three members of the Zoning Commission and three members of the Plan Commission, WHEREAS, the committee conducted public meetings and solicited the comments of multi-family developers, neighborhood representatives and other citizens regarding amendment of the City's Comprehensive Zoning Ordinance to address concerns relating -2- to zoning and development of multi-family dwellings, including density, setbacks, building height and separation and open space requirements, WHEREAS, the revisions proposed by the Council committee will result in multi- family development which is consistent with development permitted in other cities and which reflects current trends in multi-family development; WHEREAS, the revisions proposed by the Council committee will help mitigate the detrimental effects which multi-family dwellings can have on adjacent one- and two-family residential uses; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. Section 1, "Definitions", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, is hereby amended by repealing the definitions of "floor area ratio", "mixed use structure" and "Unified Residential Development site plan"; adding definitions of `'dwelling, multi family" and "mixed use", and amending the definitions of "building, height of', "open space", "open space ratio" and "Unified Residential Development", as follows. BUILDING. HEIGHT OF Except for multi family dwellings developed in accordance with the Unified Residential Development provisions of Section 16A, Table 1, the height of a building shall be the vertical distance measured from the curb level to the highest point of the roof surface, if a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge for a gable, hip or gambrel roof, provided, however, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished grade along the front of the building. -3- DWELLING. MULTI-FAMILY One or more buildings containing or aggregating three or more one-family dwellings MIXED USE. Structure or project containing residential and non-residential uses. OPEN SPACE. Net land area minus all building footprints, parking areas, access drives and fenced patios Open space must be open to the sky and cannot be paved, except for necessary sidewalks, active recreation areas and patios that are adjacent to dwelling units and not enclosed by a fence. (See definition of "net land area"),. OPEN SPACE RATIO The ratio of open space to net land area. (See definition of "net land area") UNIFIED RESIDENTIAL DEVELOPMENT A grouping of residential structures developed in accordance with the Unified Residential Development provisions of Section 16A on a tract of land under single ownership or unified control, such as a homeowner's association, as opposed to development of one dwelling on one lot of record. SECTION 2. The first paragraph of Section 2-H, "'PD"' Planned Development District", of Ordinance No. 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, is hereby amended to read as follows• The "PD" Planned Development District is intended to provide for greater flexibility and discretion in the development of commercial, industrial, and mixed residential and non-residential uses and to allow the development of multi-family residential uses in certain designated areas in or adjacent to employment centers The "PD" Planned Development District is intended to provide for increased compatibility and more effective mitigation of potentially adverse impacts than is possible under conventional district regulations. It is recognized that it is desirable for certain improved sites within the City to be redeveloped and. for other unimproved sites to be developed symbiotically with adjacent improved land in accordance with site plans prepared and approved as a part of the ordinance authorizing the zoning necessary for the proposed development. Improvements in a "PD" District are subject to conformance with a site plan approved by the City Council after a recommendation from the City Zoning Commission. -4- SECTION 3. Section 2-H, "'PD"' Planned Development District", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, is hereby amended to amend Subsection H 3, to read as follows. H Development Controls 3 The parking requirements of Section 19 shall apply to all commercial and industrial uses in the "PD" District. Parking requirements for apartments and multi-family dwellings in the "PD" District shalt be determined in accordance with the Unified Residential Development requirements contained in Section 16A. SECTION 4. Section 8, "'E-R' Restricted Commercial District", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, is hereby amended to amend Subsection A.1, to read as follows: 1 Any uses permitted in the "D-HR2" Multi-Family High-Rise District, except residential uses SECTION 5. Section 8A, "'E-P' Restricted Commercial District", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, is hereby amended to amend Subsection A.1, to read as follows. 1 Any uses permitted in the "E-R" Restricted Commercial District. SECTION 6. Section 8B, "'O-M' Office-Midrise District", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, Subsection A.1, is hereby -5- amended to read as follows. 1 Any uses permitted in the "E-R" Restricted Commercial District. SECTION 7 Section 16, "Accessory Uses", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, is hereby amended by repealing Subsection C 5, which reads as follows. C Fences 5 The City Plan Commission, for good cause shown at a public hearing, may modify or waive fence restrictions on a Unified Residential site plan. SECTION 8. Section 16A, "Unified Residential Development Provisions", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, Subsection B 1 is hereby amended to read as follows. B Permitted Uses 1 Principal Uses. The Unified Residential Development provisions are designed specifically for multi family dwellings and apartment buildings, townhouses, patio houses and zero lot line dwellings developed, or proposed to be developed, on a tract of land initially under single ownership or unified control, such as a homeowner's association, as opposed to development of one dwelling on one lot of record, and with commonly owned areas such as emergency access easements, private drives, recreation areas and open spaces The Unified Residential Development provisions shall be applicable to all multi-family dwellings in Districts "C-R", "C", "D", "D-HR1 ", and "D-HR2" -6- SECTION 9. Section 16A, "Unified Residential Development Provisions", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, Subsection D 1, "Height and Yard Regulations", is hereby amended to read as follows. D Development Regulations: Height and Yard Regulations a) Height: The maximum permitted height for buildings or structures in any Unified Residential Development shall be in accordance with Table 1 of this section, except as limited by other applicable codes and ordinances. b) Street Frontage: There shall be a minimum front yard of not less than twenty (20) feet on any portion of the site which has frontage on a public street. The required front yard cannot be paved, except for necessary driveways, and must remain as open space No parking shall be permitted in the front yard. c) Side and Rear Yards. (i) There shall be side and rear yards of not less than five (5) feet on any side except on a street frontage (ii) Structures shall meet the following requirements on any side which is adjacent to properties zoned "A", "A-R", "B" or "R-1" or "R-2"• The structure shall be set back two (2) feet for each one (1) foot in overall vertical building height, with a minimum setback of thirty (30) feet. For the purpose of determining such setback, building height shall be measured from the lowest finished grade along the building face exposed to the closest property line to the peak of the roof A five (5) foot bufferyard and six (6) foot screen fence shall be placed on the property line (iii) Paved driveways and parking are permitted in the side and rear yard. -7- SECTION 10. Section 16A, "Unified Residential Development Provisions", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, Subsection D 3, "General Site Plan Regulations", Subsection (f)(2) is hereby amended to read as follows 3 General Site Plan Reauirements f) Open Space and Recreational Facilities All open space and recreational facilities shall be identified on the site plan 2) Any space or area less than twenty-five (25) feet in width shall not be counted as open space. SECTION 11 Section 16A, "Unified Residential Development Provisions", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, Subsection D 4, "Floor Area Ratio, Open Space, Unit Limitations" is hereby retitled "Open Space, Height and Separation Requirements, Unit Limitations and Parking Requirements" and amended to read as follows 4 Open Space, Heiaht and Separation Reauirements Unit Limitations and Parking Reauirements a) The minimum open space, maximum units permitted per acre and maximum height permitted shall be as required by Table 1 below for the district in which the Unified Residential Development is located. -8- Table 1 Max. Max. Min.' Units Height Districts O.S. Per Acre PermittedZ CR 60% 12 30' C 45% 18 30' D, D-HR1 and 35% 24 30' D-HR2 O S (open space) is the ratio of open space to net land area. (See Section 1 for definitions of "open space" and "net land area") Height shall be the vertical distance from the top of the finished slab to the highest wall top plate b) One (1) parking space shall be provided for each five hundred (500) square feet of floor area, plus one (1) additional space for each one hundred (100) square feet of indoor recreation area; provided that the number of parking spaces required shall not be less than one and one-half (1-1/2) per dwelling unit and need not exceed two and one- half (2-1/2) per dwelling unit. c) The minimum distances between buildings are as follows. Table 2 Building Orientation Minimum Distance Face to face 50' Face to end 20' Corner to corner 15' Angled corner to face 20' (60 to 90 degree angle) Courtyard face to face 30' End to end 15' "Face" is any exterior plane of a building that is 60 feet in length or greater, provided, however, if all exterior planes are less than 60 feet in length, the two longest planes shall be deemed to be faces. All buildings shall be deemed to have at least two faces "End" is any exterior plane of a building that is not a "face", as defined above -9- See Exhibit "D" for diagram of building orientations. SECTION 12. Section 16A, "Unified Residential Development Provisions", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, Subsection E, "Bonus Open Space", is hereby repealed. SECTION 13. Section 16A, "Unified Residential Development Provisions", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, Subsection H, which commences "Any Unified Residential Development site plan which has been previously approved by the Plan Commission", is hereby repealed SECTION 14. Section 16A, "Unified Residential Development Provisions", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, is hereby amended by adding a new Subsection J, to read as follows. J Unified Residential Development Site Plan Expiration. A Unified Residential Development site plan submitted 'to the Department of Development on or after August 19, 1996 shall expire two (2) years from the date of site plan approval unless a Certificate of Occupancy is issued for a multi family use building in accordance with the approved site plan. SECTION 15. Section 17, "Legal Nonconforming Uses, Buildings and Structures", of Ordinance No. 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, Subsection K, which commences "Notwithstanding any provisions in this Ordinance to the contrary, this Ordinance shall not prevent the location, construction or use of any residential -10- development in zoning districts 'E-R', 'E', 'F-R', 'F' and 'G"' is hereby repealed. SECTION 16 Section 18, "Modifications to District Regulations", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, is hereby amended by amending Subsection A.1, to read as follows• 1 Except for multi-family developments subject to the Unified Residential Development provisions of Section 16A, the height of a building in Districts "A" through "F" may be increased when the front, side and rear yard dimensions are each increased above the minimum requirements by one (1) foot for each foot such building exceeds the height limit of the district in which it is located. SECTION 17. Section 18, "Modifications to District Regulations", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, is hereby amended by amending Subsection B, "Floor Area Ratio", Subsection 2, "The Maximum Allowable Floor Area", to repeal references to the "C" and "D" Districts. As amended, Subsection 2 sha{I read as follows• DISTRICT RESIDENTIAL USE NON-RESIDENTIAL USE "E-R" 1 5 2.0 "E" 1 5 2.0 "F-R" 1 5 2.0 "F" 1 5 2.0 "G" 7 0 11 0 "H" 7 0 30 0 "1" 1 5 3 0 "~" 1 5 12:0 ..K.' - - 12.0 -11- SECTION 18. Section 19, "Off-Street Parking and Loading Regulations", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, is hereby amended by amending Subsection B, "Specific Requirements", Subsection 3, "Dwellings, Multiple and Apartment Hotels", to read as follows B Specific Requirements. 3 Dwellings, Multiple and Apartment Hotels. Parking for all multiple dwellings and apartment hotels, except in the "H" District and multi-family dwellings subject to Unified Residential Development provisions of Section 16A, shall be provided in accordance with this section. Multiple dwellings and apartment hotels hereafter erected, reconstructed or enlarged so as to require additional parking spaces shall have permanent off-street parking of passenger motor vehicles for the use of occupants, visitors, guests and employees either on the premises or as specified in Section 19.A.12 preceding. One (1) space shall be provided for each four (4) units, plus one (1) additional space for each four (4) bedrooms in excess of one bedroom per unit. SECTION 19 All provisions of the Comprehensive Zoning Ordinance not expressly repealed or amended shall remain in full force and effect. SECTION 20 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. SECTION 21 It is hereby declared to be the intention of the City Council that the sections, -12- 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 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 22. 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 is permitted to exist shall constitute a separate offense SECTION 23 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 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 24. The City Secretary of the City of Fort Worth, Texas, is hereby directed to pub{ish -13- 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 25 This ordinance shalt be in full force and effect from and after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: ~.~e~ b,~-~, Assistant City Attorney Date. ~' 1 ~ , t 9 S ~ ADOPTED' ' 3 . ~ ~ qt! EFFECTIVE. I 4~ -14- Exhibit "D" z w FACE 'SO } 0 z w FACE 2 0' ENO FACE 5. .._ •50' LL 3 0' F COUA7YAR0 5'0~ 3 0' U w LL LL Building Separations (1, 2 & 3 Sfiory)