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§ 4.404  I-35W CORRIDOR (“I-35W”) DESIGN OVERLAY DISTRICT.
   (a)   Purpose and intent. It is the purpose of the I-35W design overlay to provide standards and guidelines and administrative procedures for new construction and certain renovations in the corridor zones to promote and encourage excellence in development though quality site layout, lighting landscaping and design while creating a unified and natural landscape along the corridor zones.
   (b)   Boundaries of I-35W design overlay district. Corridor zones are described as follows and as shown on Exhibit B.22:
South Zone: Meacham Boulevard to Basswood Boulevard
A parcel of land situated in the County of Tarrant, being 1,000 feet each side of the following described centerline of Interstate Highway 35 West, from its intersection with the centerline of Meacham Boulevard, to its intersection with the centerline of Basswood Boulevard;
Beginning at the intersection of the centerlines of Interstate Highway 35 West, and Meacham Boulevard (formerly known as Odum Road), according to the right-of-way map of Interstate Highway 35W, Project No. I-35W-5(27)-429, from N. of St. Louis & S.W. R.R. North to Loop 217 (now known as Loop 820), and being at Engineer’s Station 407+44;
THENCE northerly with said centerline, North 00 degrees 13 minutes 00 seconds East, to and along the centerline of Interstate Highway 35W, according to the right-of-way map of Interstate Loop 820, Project No. I-820-4(56)-454, from present U. S. 377 West to proposed location of Interstate 35W, 2544 feet, to an angle point at Engineer’s Station 382+00;
THENCE continuing northerly with said centerline, North 00 degrees 04 minutes 00 seconds West, 2,963.15 feet, to its intersection with the centerline of said Interstate Loop 820 at Engineer’s Station 352+36.85, at Interstate Loop 820 Engineer’s Station 662+58.39;
THENCE east with said centerline, North 90 degrees 00 minutes 00 seconds East, 30.00 feet, to its intersection with the centerline of said Interstate Highway 35W, at Interstate Loop 820 Engineer’s Station 662+88.39, at Interstate Highway 35W Engineer’s Station 619+06.89;
THENCE northerly with said centerline, North 00 degrees 04 minutes 00 seconds West, 2,988.79 feet, to an angle point at Engineer’s Station 589+18.10, according to the right-of-way map of Interstate Highway 35W, Project No. I-35W-5(41)-431, from Proposed U.S. 81 to Interstate Loop 820;
THENCE continuing northerly with said centerline, according to said right-of-way map, the following courses and distances;
North 00 degrees 02 minutes 05 seconds West, 810.05 feet, to the beginning of a curve having a radius of 11,459.16 feet, at Engineer’s Station 581+08.05;
Northerly with said curve to the left, through a central angle of 10 degrees 05 minutes 11 seconds, an arc distance of 2,017.28 feet, to its end at Engineer’s Station 560+90.77;
North 10 degrees 07 minutes 16 seconds West, 6,014.19 feet, to the beginning of a curve having a radius of 11,459.16 feet, at Engineer’s Station 500+76.58;
Northerly with said curve to the right, through a central angle of 01 degrees 07 minutes 58 seconds, an arc distance of 226.58 feet, to its Terminus at the intersection of the centerlines of Interstate Highway 35 West, and Basswood Boulevard at Engineer’s Station 498+50;
Basis of called bearings and distances, per recited right-of-way maps.
This description prepared by Hans Kevin Hansen, Registered Professional Land Surveyor, Number 4786, in April 2009, in an electronic format.
“This document was prepared under 22 TAC § 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights or interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.”
Revision I, September 21, 2009, width changed from “one thousand five hundred (1,500)” to “one thousand feet (1,000).”
Revision II, November 15, 2010, Title changed to reflect limits changed from Meacham Blvd. to SH 114, divided into three sections, Meacham Blvd. to Basswood Blvd., Basswood Blvd. to Keller Hicks Rd., and Keller Hicks to SH 114.
Central Zone - Basswood Boulevard to Keller Hicks Road
A parcel of land situated in the County of Tarrant, being one thousand feet (1,000) each side of the following described centerline of Interstate Highway 35 West, from its intersection with the centerline of Basswood Boulevard, to its intersection with the centerline of Keller Hicks Road (County Road Number 4033);
Beginning at the intersection of the centerlines of Interstate Highway 35 West, and Basswood Boulevard according to the right-of-way map of Interstate Highway 35W, Project No. I-35W-5(41)-431, from Proposed U.S. 81 to Interstate Loop 820, and being at Engineer’s Station 498+50, and being in a curve having a radius of 11,459.16 feet;
THENCE northerly with said centerline, according to said right-of-way map, the following courses and distances;
Northerly with said curve to the left, through a central angle of 08 degrees 59 minutes 06 seconds, an arc distance of 1,796.98 feet, to its end at Engineer’s Station 480+53.02;
North 00 degrees 00 minutes 12 seconds West, at 3,638.40 feet pass the end of said project, at Engineer’s Station 444+14.62, and continuing with said centerline, according to the right-of-way map of Interstate Highway 35W, Project No. I-35W-5(21)-435, from Denton County Line to Proposed U.S. 81, in all 17,707.45 feet, to the beginning of a curve having a radius of 5,729.58 feet, at Engineer’s Station 303+45.57;
Northerly with said curve to the left, through a central angle of 14 degrees 57 minutes 07 seconds, an arc distance of 1,495.19 feet, to its end at Engineer’s Station 288+50.38;
North 14 degrees 56 minutes 55 seconds East, 4,503.36 feet, to its Terminus at the intersection of the centerlines of Interstate Highway 35 West, and Keller Hicks Road at Engineer’s Station 243+47.02;
Basis of called bearings and distances, per recited right-of-way maps.
This description prepared by Hans Kevin Hansen, Registered Professional Land Surveyor, Number 4786, in April 2009, in an electronic format.
“This document was prepared under 22 TAC § 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights or interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.”
Revision I, September 21, 2009, width changed from “one thousand five hundred (1,500)” to “one thousand feet (1,000).”
Revision II, November 15, 2010, Title changed to reflect limits changed from Meacham Blvd. to SH 114, divided into three sections, Meacham Blvd. to Basswood Blvd., Basswood Blvd. to Keller Hicks Rd., and Keller Hicks to SH 114.
Scribner’s errors corrected December 2, 2010.
North Zone - Keller Hicks Road to State Highway 114
A parcel of land situated in the Counties of Denton and Tarrant, being 1,000 feet each side of the following described centerline of Interstate Highway 35 West, from its intersection with the centerline of Keller Hicks Road (County Road Number 4033), to its intersection with the centerline of State Highway 114;
Beginning at the intersection of the centerlines of Interstate Highway 35 West, and Keller Hicks Road according to the right-of-way map of Interstate Highway 35W, Project No. I-35W-5(21)-435, from Denton County Line to Proposed U.S. 81, and being at Engineer’s Station 243+07.02;
THENCE northerly with said centerline, according to said right-of-way map, the following courses and distances;
North 14 degrees 56 minutes 55 seconds East, 1,779.10 feet, to the beginning of a curve having a radius of 5,729.58 feet, at Engineer’s Station 225+67.92;
Northerly with said curve to the left, through a central angle of 14 degrees 40 minutes 59 seconds, an arc distance of 1,468.31 feet, to its end at Engineer’s Station 210+99.61;
North 00 degrees 15 minutes 56 seconds East, 4,997.63 feet, to the beginning of a curve having a radius of 5,729.58 feet, at Engineer’s Station 161+01.98;
Northerly with said curve to the right, through a central angle of 10 degrees 26 minutes 03 seconds, an arc distance of 1,043.42 feet, to its end at Engineer’s Station 150+58.56;
North 10 degrees 41 minutes 59 seconds East, 3,744.61 feet, to the beginning of a curve having a radius of 5,729.58 feet, at Engineer’s Station 113+13.98;
Northeasterly with said curve to the right, through a central angle of 19 degrees 14 minutes 39 seconds, an arc distance of 1,924.42 feet, to its end at Engineer’s Station 93+89.56;
THENCE northeasterly with said centerline, North 29 degrees 56 minutes 38 seconds East, at 2,848.83 feet, pass the called County Line at Engineers Station Equation 65+40.73=0+00, and at 2,872.13 feet pass Engineers Station Equation 0+23.30=0+00, to and along the centerline of Interstate Highway 35W, according to the right-of-way map of Interstate Highway 35-W, Project No. I 35W-6(47)442, from Tarrant Co. Line to F.M. 407, in all 4,924.48 feet, to the beginning of a curve having a radius of 11,459.16 feet, at Engineer’s Station 20+52.35;
THENCE continuing northeasterly with said centerline, according to said right-of-way map, the following courses and distances;
Northeasterly with said curve to the right, through a central angle of 00 degrees 58 minutes 10 seconds, an arc distance of 193.89 feet, to its end at Engineer’s Station 22+46.24;
North 30 degrees 54 minutes 48 seconds East, 11,222.42 feet, to the beginning of a curve having a radius of 5,729.58 feet, at Engineer’s Station 134+68.66;
Northeasterly with said curve to the right, through a central angle of 06 degrees 48 minutes 35 seconds, an arc distance of 680.97 feet, to its end at Engineer’s Station 141+49.63;
North 37 degrees 43 minutes 23 seconds East, 1845.43 feet, to its Terminus at the intersection of the centerlines of Interstate Highway 35 West, and State Highway 114, at Engineer’s Station 159+95.06;
Basis of called bearings and distances, per recited right-of-way maps.
This description prepared by Hans Kevin Hansen, Registered Professional Land Surveyor, Number 4786, in April 2009, in an electronic format.
“This document was prepared under 22 TAC § 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights or interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.”
Revision I, September 21, 2009, width changed from “one thousand five hundred (1,500)” to “one thousand feet (1,000).”
Revision II, November 15, 2010, Title changed to reflect limits changed from Meacham Blvd. to SH 114, divided into three sections, Meacham Blvd. to Basswood Blvd., Basswood Blvd. to Keller Hicks Rd., and Keller Hicks to SH 114.
Scribner’s errors corrected December 2, 2010.
   (c)   Relationship of I-35W design overlay district to base zoning districts. The I-35W design overlay district is a zoning overlay that supplements the primary underlying zoning district classification. The permitted uses of the property shall be determined by the use regulations set forth in the primary zoning district classification for the property. Development of projects in the “I-35W” design district shall be subject to the I-35W Development Standards and Guidelines in accordance with this section. In the event of a conflict between the I-35W Development Standards and Guidelines and other sections of the City of Fort Worth zoning ordinance or other applicable regulations, the more restrictive requirement shall prevail. If there is a conflict between the I-35W Development Standards and Guidelines and a mixed-use zoning district (or planned development based on mixed-use zoning: i.e., “PD/MU-1” or “PD/MU-2”) located on along I-35W frontage roads, the mixed-use regulations will govern the setbacks.
   (d)   I-35W Development Standards and Guidelines adopted. The I-35W Development Standards and Guidelines, attached as Exhibit “A,” are hereby approved by the city council and are included in the zoning ordinance by reference. All future amendments to the I-35W Development Standards and Guidelines must be considered by the zoning commission and approved by the city council in accordance with the procedure set forth in Article 5, Chapter 3 of the zoning ordinance.
   (e)   Development review process.
      (1)   Certificate of appropriateness required. Within the “I-35W” overlay district, issuance of a certificate of appropriateness reflecting compliance with the I-35W Development Standards and Guidelines is required for the following:
         a.   Acceptance by the planning and development department of an application for a building permit for construction of a new structure;
         b.   Acceptance by the planning and development department of an application for a building permit for expansion of an existing structure; or
         c.   Acceptance by the planning and development department of an application for a building permit for renovation, remodeling or other alteration of an existing structure.
      (2)   Application for certificate of appropriateness. The following materials shall be submitted to the planning and development department in connection with an application for a certificate of appropriateness. The materials must be submitted at least 21 days before the meeting of the design review board at which the application of the certificate of appropriateness will be considered:
         a.   Copies of the site plan including:
            1.   Foot prints of all existing structures;
            2.   Proposed footprint of all new structures;
            3.   Existing structures adjacent to the property; and
            4.   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.
         b.   Copies of landscaping plan including location and dimension of areas to be landscaped (including private property, adjoining 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 irrigation systems, and location and description of street furniture;
         c.   Copies of schematic floor plans depicting the arrangement of interior spaces, location of windows and doors, mechanical equipment, electrical meter and utility locations. First floor site plans should show the relationship between the first floor and the site;
         d.   Copies of schematic building elevations for all sides of the building(s) showing the design of all elevations existing grade, proposed grade, finish floor elevations, roof slopes, mechanical vents and equipment, location and type of outdoor light fixtures, design and location of all wall signs(s) and notations regarding exterior colors and materials; and
         e.   Material specification outline with samples, brochures and/or photographs of all exterior building site materials, finishes and fixtures.
      (3)   Authority to approve certificate of appropriateness.
         a.   The development services director or designee is hereby charged with the duty and invested with the authority to approve a certificate of appropriateness for new construction and exterior renovations when the project conforms to all standards and guidelines of the I-35W Development Standards and Guidelines.
         b.   The urban design commission is hereby charged with and invested with the authority to enforce the I-35W Development Standards and Guidelines for new construction and exterior renovations that do not conform to all of the standards and guidelines by hearing and deciding application for certificates of appropriateness in accordance with this section.
   (f)   Appeal.
      (1)   All decisions by the development services director may be appealed to the urban design commission. A written notice of the appeal must be filed with the executive secretary of the urban design commission within ten days of notice of the decision of the development services director or designee. The standard of review before the urban design commission shall be de novo.
      (2)   All decisions by the urban design commission may be appealed to the board of adjustment by the applicant. A written notice of appeal must be filed with the city secretary’s office within ten days after receipt of notification of the decision of the urban design commission’s decision. The written notice of appeal shall specify:
         a.   That the decision of the urban design commission is unreasonable, either in whole or in part; and
         b.   The grounds for the appeal.
      (3)   The board of adjustment shall schedule a hearing on such appeal as soon as reasonably practicable. The executive secretary of the urban design commission shall forward to the board of adjustment a complete record of the matter including but not limited to, a transcript of the hearing before the urban design commission.
      (4)   In consideration of an appeal, the appeal board shall:
         a.   Hear and consider testimony and evidence concerning the previous recommendations and actions of city staff and the urban design commission;
         b.   Hear new evidence that was not available at the time of the hearing before the urban design commission. New evidence does not include information that was created after the date of the hearing before the urban design commission;
         c.   Apply the substantial evidence test to the decision of the urban design commission, considering the record made before the urban design commission; and
         d.   Have the option to remand any case back to the urban design commission for further proceedings.
      (5)   The board of adjustment may uphold, reverse or modify the decision of the urban design commission unless a continuance is agreed to by the appellant.
      (6)   A hearing before the board of adjustment shall exhaust the administrative remedies of the appellant under this title. Any appellant aggrieved by the decision of the board of adjustment may file in district court.
(Ord. 20159-04-2012, § 1 (Exh. A), passed 4-3-2012; Ord. 22792-06-2017, § 1 (Exh. A), passed 6-20-2017; Ord. 24030-02-2020, § 22, passed 2-4-2020)