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HomeMy WebLinkAboutOrdinance 12088~'~ ~;~~ ~z ~:a ~ o ,r r,~• ORDINANCE 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, TEXAS (1986), TO AMEND SECTION 17A, "OFF-PREMISE SIGNS", BY AMENDING SECTION 17A(H)(1 }-(5) CONCERNING THE CREATION AND DUTIES OF THE SCENIC PRESER- VATION COMMISSION, ADDING A NEW SECTION 17A(H)(6) CONCERNING THE DESIGNATION OF AREAS OF THE CITY AS SCENIC, CULTURAL, ARCHITECTURAL OR HISTORIC AREAS WHEREIN THE LOCATION, ERECTION AND MAINTENANCE OF OFF-PREMISE SIGNS ARE PROHIBITED, PROVIDING FOR PENALTIES, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES, PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR PUBLICATION ~IN PAMPHLET FORM, PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER, AND PROVIDING AN EFFECTIVE DATE Whereas, Section 17A of the Comprehensive Zoning Ordinance of the City of Fort Worth creates a Scenic Preservation Commission for the purpose of making recommendations to the Zoning Commission regarding the designation of areas of the City as scenic, cultural, architectural or historic areas wherein the location, erection and maintenance of off-premise signs are prohibited, Whereas, the Scenic Preservation Commission has adopted criteria for the designation of such scenic, cultural, architectural and historic areas and has conducted public hearings concerning the designation of such areas, Whereas, the designation of certain areas as scenic, cultural, architectural and historic areas in which the location, erection and maintenance of off-premise signs are prohibited will serve to protect natural surroundings, preserve views of the downtown area and areas of cultural, architectural and historic significance, protect neighborhood character, reduce visual blight and distraction and promote traffic safety, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1 That Section 17A(H} of Section 17A, "Off-Premise Signs", of the Comprehensive Zoning Ordinance (Appendix "A" of the Code of the City of Fort Worth} is hereby amended to read as follows H Notwithstanding anything else contained herein to the contrary, no off- premise sign shall be located in any area designated by the City Council as having significant scenic, cultural, architectural or historic value which needs to be protected 1 There is hereby created a Scenic Preservation Commission for the purpose of making recommendations to the Zoning Commission regarding the designation of areas of the City as scenic, cultural, architectural or historic areas wherein the location, erection and maintenance of off-premise signs are prohibited The Scenic Preservation Commission shall consist of two (2) members of the Historic and Cultural Landmarks Commission and three (31 at-large members, to be appointed by the City Council 2 The Commission shall hold an organizational meeting in October of each year and shall elect a chairman from among its members before proceeding to any other matters of business 3 The Planning Director of the City of Fort Worth or his designated representative shall serve as Secretary to the Commission The Development Director and the Planning Director shall be ex officio members of the Commission and shall provide technical assistance to the Commission The Commission shall designate the time and place of its meetings The Secretary of the Commission shall regularly keep an attendance report for all meetings of the Commission A quorum shall consist of three (31 members A majority of those members present and competent to vote shall be required to approve any matter before the Commission 4 The Scenic Preservation Commission on its own motion shall initiate applications to consider designating any area within the City as a scenic, cultural, architectural or historic area In addition, the Scenic Preservation Commission shall initiate such applications upon the motion of the City Council, the Zoning Commission, the Plan Commission or the Historic and Cultural Landmarks Commission, or upon the application of the owner of any property to be so designated Written notice of any application before the Scenic Preservation Commission shall be given at least ten (10) 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 ad valorem tax roll 5 The Scenic Preservation Commission shall work with City staff to gather pertinent information on all applications before it The -2- Commission shall make a recommendation to the Zoning Commission, either in favor of or against designating all or any part of the concerned area as a scenic, cultural, architectural or historic area Upon receipt of the recommendation from the Scenic Preservation Commission; the Zoning Commission shall hold a public hearing at its regularly scheduled zoning meeting wherein all interested persons shall be given an opportunity to be heard The Zoning Commission shall make its report to the City Council as a regular zoning item to be considered by the Council The City Council may thereafter by ordinance designate all or any part of said area as a scenic, cultural, architectural or historic area wherein the location, erection and maintenance of off-premise signs are prohibited The same notice requirements as for changes in zoning shall be followed by the Zoning Commission and the City Council at all hearings to designate any area as a scenic, cultural, architectural or historic area 6 Following are criteria for designation of scenic, cultural, architectural or historic areas, standards for determination of widths and termination points of corridors, and descriptions of designated districts and corridors (a) An area must satisfy one or more of the following criteria in order to be designated as a scenic, cultural, architectural or historic district or corridor wherein the location, erection and maintenance of off-premise signs shall be prohibited (1) Character of Fort Worth distinctive in 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 (2) 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 (3) 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 (4) Character of Neighborhood represents a resource, whether natural or man-made, which greatly -3- contributes to the character or image of a defined neighborhood or community area (5) Designated Historical Area: an area that is designated as a local Historic and Cultural Landmarks District, Conservation District, Recorded Texas Historic Landmark or State Archeological Landmark or is listed in the National Register of Historic Places (61 Views and Vistas. dramatic views, horizon lines, urban scenes and vistas (7) Gateways is a primary gateway to the City (8) Connecting Routes routes that connect scenic districts even though the route itself is of marginal value (9) Parks City, State or Federal parks and recreation areas or other areas that are maintained by the City Parks and Community Services Department (10) 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 (b) The following areas are designated as scenic, cultural, architectural or historic districts wherein the location, erection and maintenance of off-premise signs are prohibited. (1) Fort Worth Stockyards National Register Historic District, as shown on the map attached hereto as Exhibit "A", (2) Central Business District, according to the 1982 CBD Plan boundaries, as shown on the map attached hereto as Exhibit "B", -4- (3) Cultural District, according to the Fort Worth Cultural District Master Plan boundaries dated March 7, 1990, as shown on the map attached hereto as Exhibit "C", (4) Medical District, generally described as the area from Lancaster Avenue south to West Allen Avenue and from the Tarantula railroad right-of-way east to the Burlington Northern railroad right-of-way, as shown on the map attached hereto as Exhibit "D", (5) Fairmount/Southside Historic District, as shown on the map attached hereto as Exhibit "E", (6) Elizabeth Boulevard National Register Historic District, as shown on the map attached hereto as Exhibit "F", (7) Circle Park Conservation District, as shown on the map attached hereto as Exhibit "G", (81 Grand Avenue National Register Historic District, as shown on the map attached hereto as Exhibit "H'', (9) Masonic Widows/Orphans Home Historic District, as shown on the map attached hereto as Exhibit "I", (10) Kenwood Court Historic District, as shown on the map attached hereto as Exhibit "J" All district boundary lines shall be measured to the centerlines of all public or railroad rights-of-way bordering the districts c The following areas are designated as scenic, cultural, architectural or historic corridors wherein the location, erection and maintenance of off-premise signs are prohibited (1) North Main Street from the Fort Worth Stockyards to the Central Business District; (2) Lancaster Avenue from Camp Bowie Boulevard to South Beach Street, -5- (3) University Drive/North Side Drive/Oakhurst Scenic Drive from Cranbury Road to Belknap Street, (4) Camp Bowie Boulevard from University Drive to I.H -30 (West Freeway), (5) I H -35W (North Freeway) from 28th Street exit south to the centerline of the Trinity River; (6) I H -30 (East Freeway) from Central Business District east to Loop 820 East, (7) U S Hwy 287 (Martin Luther King Freeway) from Central Business District southeast to Village Creek Road, (8) Hemphill Street from Allen Avenue south to Felix Street, (9) Jacksboro Highway (U S Hwy 199} from Lake Worth (1.00 year flood plain - 600' elevation above sea level) to the southerly end of Nine Mile Bridge Road and from 500' north of the Municipal Golf Course to North Side Drive, (10) Loop 820 West (Jim Wright Freeway) from 25 miles north and south of Lake Worth (100 year flood plain - 600' elevation above sea Ieve11, (11) Loop 820 East from 25 miles north of the first bridge abutment north of Mosier Lake to the southerly boundary of the 100 year floodplain of the West Fork of the Trinity River (approximately 150'), (12) Randol Mill Road/1st Street from Haltom Road east to Bridgewood Drive and from 25 miles east of Loop 820 East to John T White Road, (13) East Berry Street from Mitchell Boulevard to Old Mansfield Highway, (14) South Hulen Street from Vickery Boulevard south to Loop 820 South, -6- (15) Bryant Irvin Road from Vickery Boulevard south to Oakmont Boulevard, (16) Angle Avenue/Marine Creek Parkway from Loop 820 West (Jim Wright Freeway) to Northwest 28th Street, (17) Evans Avenue from Terrell Avenue to East Berry Street, (18) Horne Street from I H -30 to Vickery Boulevard, (19) Amanda Avenue from Ramey Street to East Rosedale Street, (20) South Riverside Drive from I H -30 (East Freeway) to Wichita Street, (21) 4th Street from Central Business District to South Riverside Drive, (22) East and West Rosedale from University Drive to Loop 820 East, J (23) Seminary Drive from I H -35W (South Freeway) to Wichita Street, (24) Vickery Boulevard from I H -35W (South Freeway) to South Ayers Avenue, (25) White Settlement Road from University Drive to the city limits of Westworth Village, (26) Railtran Corridor from the east Fort Worth city limit line west to the Central Business District (d) It is the intent of this ordinance that the future alignment of S H 121 will be designated as a scenic corridor upon determination of the final alignment of such highway, after notice and hearing in accordance with this section Such scenic corridor shall be 660 feet wide from each side of the public right-of-way -7- (e) The corridors described above along I H -35W, I H -30, Loop 820 and U S Hwy 287 are 660 feet wide from each side of the public right- of-way AI( other corridors described above are 200 feet wide from each side of the public right-of-way It is the intent of this ordinance that in the event Jacksboro Highway (U.S Hwy 199) is widened, the width of the scenic corridors along Jacksboro Highway shall be increased to 660 feet wide from each side of the , final alignment of the public right-of-way (f) When a corridor designated under this section ends at an intersection with aright-of-way which is not designated as part of a corridor, the corridor shall terminate at the centerline of the non-designated right-of-way SECTION 2 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 3 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 ordinance, since the same would -8- have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section SECTION 4 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 Five Hundred Dollars (5500.00) for each offense Each day that a violation is permitted to exist shall constitute a separate offense SECTION 5 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 6 The City Secretary of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas -9- 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 SECTION 8 This ordinance shall 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 c~~o~ D.~~-- City'Attorney Date ~ t ~' `~ S- ADOPTED 1 S ~ g ~ ~ EFFECTIVE -10- FORT WORTH STOCKYARDS SCE1V`IC PRE4IIZVATlON DLSTRI( e e r •, ....~ .,` .~ , .e ~ ~ r~ ' ~ ~ ,' 28Th ~ ,; •. . . .. ;~ .~ .. , ~. Y .w ~ W~l'1 ~l ,` ~1 \ ` , , 3 ~,~1r~ S EX(~iANGF AV ~ ` 24TH ~ t ?. ~ ~~ ` ~ . ~; :e ~ , > '~ ~ . e , ,~ ~, , ~. ~ '. ~~ 23RD ,. ,' ., 23RD 3f ~,'' ~i ~i O DLSTRTCl' EXHIBIT "A~~ i y , ~,~ ~ 1 , 1 . . wfnz~ ~Irri.ar~T ~• f 1 '~ 1 ~ H 1 ~ %1 VAUGHN BLVD ,- .• a ~, ~' gj, _ ~. •• "~ ' ' ~ 1 ' 1~ '~ ~.• . 1. 1 • ` ~~ y ~ `1 ~ • I, ~ ~` I~ , 1 ~` t • AV V 'AI .~ r ' ' < _ ~~ .~ t 11 ': J ~;~ ~ 11 11 ~~ ' AV ~` ~ :. ' ~~ ~ NUTT DAM 1'' ~ ~ DIS'I'RI~I' ~. ULY 11,1995 ~~ r1 EXHIBIT "B" x EXHIBIT "C" i ~ ~ ~ ~ r ~ i r ~ ~ r ~ ~ ~ iw ~ tic ~ e ~ are ~ 17~t AV n LANC~AV ,. • i ~ ''' ,•~ 445.+' ............ ........... -'- -~• ~• ~t`r~-~ y~~. - Y ffi.VD -., :rf; ~: • Ay s ~ sr ~' Y : ;; ~.~ ti. ~•' P V AV°1 •: ... ~: ~ ~ ~., - E' ~ ~~ .• e f i~ ~ :~ .; ~ •, v " > :: :; .~ ~ '' W AV ~ ~, .. sv , v .- Ay% :; JULY 11,1995, a D~RI~ EXHIBIT "D" n mT ZD n~ ~O mC mZ DN ~O OC Z~ v= ~~ ~v _m n ~~~~~ ~~~ dd ~ ~~~~~~ ~a ~~ ..~ M ~ ~' an a ron rorrK ror ~~ an rwa~ eeru~n wit EXHIBIT "E" ~ tIl9M 1 h Kvc. m r D 2 C r ~o v n m z n m m O z v n t; t ~~ ~ Nf~ Hua~EY ~,ve. df i 0~ 0~ Y df~ d~ n~ ~ ~~ S~xrK Av6.. D~ - o~ ~ o~ ~ F~F?H avE ~~ Y ~~ Q~ y ~. v w RY/W Pl./~CE ~R~VE ~3 Y a: a a~ z S 5 ADAM f3f. O . a C 2 . ~ ~ ~~ COLLEGE AVE. EXHIBIT "F" 1 1 1 1 1 t 1 1 1 1 1 1 1 1 1 _"r._ 1 / ~, 1 N ~ 7`, a~ 7 ~ ,p ~~ ~~ '~4 a~ ~~ G t 4'~ D ~~ 70 D ~ ~fp ~ ~~ ~ D ~T ~~ ~t~ a JULY 11.1996 ~ ~~sr EXHIBIT "G" C~ m z n ~~ ~~ zm v ~ D C C ~ m Z v -~ n -~ -- / /~ - - - ~-- - - - - - ` - - --- ~ _- `.---r ~~ 1 1 ~~~ ;~ ,~ EXHIBIT "H" EXHIBIT "I" ~a ~ Beano x ~ e 4 p '! ~ O p V CS E c~t~. ev ~ > ~ e d z ~ VIRGINIA LA a~ P LA p ~ ~~ ~ 9DN ~ e eAx>~u1~ Bt,vn ~ ~ DI~TRIG~ ULY 11,1995 EXHIBIT "J"