HomeMy WebLinkAbout(0075) ZC-19-101.pdfFORTWORTH
Case Number ZC-19-101
ZONING MAP CHANGE
STAFF REPORT
City Council Commission Meeting Date:
September 10, 2019
Zoning Commission Recommendation:
Denial by a vote of 9-0
Opposition: None
Support: None submitted
Owner/Applicant: Natalie & Leonel Zamarripa
Site Location: 3211 NW 33rd Street
Proposed use: Daycare Facility
Request: From: "A-5" One Family
Council District 2
Continued
Case Manager
Surplus
Council Initiated
Yes _ No X
Lynn Jordan
Yes No X
Yes No
To: Add Conditional Use Permit to allow a detached daycare facility for 60 children
with waiver to the size of the outdoor play area; site plan included
Land use Compatibility. Requested change is not compatible.
Comprehensive Plan Consistency: Requested change is not consistent.
Staff Recommendation: Denial based on size of the building and amount
of children
Background:
The proposed site is located west of Rock Island and east of McCandless on the south side of 33,d Street.
The applicant is requesting to add a Conditional Use Permit to allow an independent daycare facility with
approximately 60 children; site plan included.
Daycare facilities are only permitted within residential zoning districts through the CUP process. The
applicant has applied for the (CUP) Conditional Use Permit to allow this use within the "A-5" zoning
district. The applicant has indicated the daycare will have two separate play areas with a cafeteria,
restrooms and reception area with a combined area of 3500 square feet. For the outdoor play area, the
Zoning Ordinance calls for 100 square feet per child for a total of 6,000 sq. ft. The site plan indicates 1200
sq. ft. A waiver will be required for the outdoor play area.
Conditional uses are those uses which are generally compatible with the permitted land uses in a given
zoning district, require individual review of their proposed location, design and configuration, and the
imposition of conditions in order to ensure the appropriateness of the use at a particular location. The
proposed building is too large for a residential neighborhood and should be considered a commercial
structure.
Page 1 of 4
While a daycare is not permitted in the "A-5" zoning district by right, allowing it by CUP with a site plan
and a time limit may help mitigate any neighborhood concerns, as well as give options for the CUP to be
revoked in the event of code violation convictions.
Development Standards
A-5 zoning district
Proposed CUP
Outdoor play area
100 sq. ft. per child
1200 sq. ft./ 60 children would be
6000 sq. ft.
(Waiver required)
Fencing for play area
Fencing or screening required
6 ft. solid wood fence with
shading
(Complies)
Fencing
Metal fences not permitted
6 ft. existing metal fence
Waiver required
Through Ordinance 23609 effective March 29, 2019, the Conditional Use Permit allows for an unlimited
time period for the operation of a use unless otherwise approved by the City Council. If a time limit is
established for a Conditional Use Permit, the renewal of the CUP shall be considered through the public
hearing process and approved by the City Council. A CUP shall expire if no permitting action is taken
within six months of approval or cease of the use for six months. A CUP may be revoked through the
public hearing process if necessary after convictions of one or more code violations.
Per Section 4.407 (a), the following general rules apply to all conditional uses:
a) Conditional use permits in residential districts shall be limited to those uses designated "CUP" in
the Residential District Use Table in Chapter 4, Article 6, Section 4.603.
b) Approval of a conditional use permit shall authorize only the particular use or category of related
uses for which the conditional use permit is issued.
c) A conditional use shall not be enlarged, extended or otherwise modified unless approved by the
City Council or approved administratively as applicable.
d) The use of property for the purposes described in a conditional use permit shall not commence
until a certificate of occupancy has been issued. A certificate of occupancy shall not be issued until
all or approvals which may be required by the Codes and Ordinances of the City, including, but not
limited to, a Building Permit, a Certificate Of Occupancy and subdivision approval have been
satisfied.
Section (d) provides the following Conditional Use Permit factors in consideration of appropriateness of a
request:
a) The proposed use is consistent with the Comprehensive Plan;
b) The proposed use is compatible with the existing and adjacent uses.
c) The proposed use meets all supplemental use standards specifically applicable to the use as set
forth in Chapter 5;
d) The proposed use is compatible with and preserves the character and integrity of adjacent
development and neighborhoods;
e) The proposed use is not materially detrimental to the public health, safety, and welfare, or results
in material damage or prejudice to other property in the vicinity.
Site Information:
Owner: Natalie Zamarripa
3211 NW 33rd Street
Fort Worth, TX 76106
Acreage: 0.52 ac
Comprehensive Plan Sector: Northside
Surrounding Zoning and Land Uses:
North "A-5" One Family / single family
East "A-5" One Family, "CR" Low Density Multifamily / stable, arena, multifamily
South "A-5" One Family / single family
West "A-5" One Family / single family
Page 2 of 4
Recent Relevant Zoning and Platting History:
Zoning History: None
Platting History: None
Site Plan Comments:
The site plan as submitted is not in general compliance with the Zoning Ordinance regulations.
1. The outdoor play area indicates 1,200 sq. ft., the ordinance calls for 100 sq. ft. per child, for 60
children you need 6,000 sq. ft. (waiver required)
2. Metal fences are not permitted in residential districts. (waiver required for existing)
3. Indicate the width of the new drive approach including radius. TPW may not approve the
approach too close to existing drive to the south.
4. Provide a vicinity map on the site plan.
Compliance with the items noted above shall be reflected on the site plan or waivers are
required.
Platting site plan comments: No comment at this time.
Transportation/Public Works (TPW) site plan comments: No comment at this time.
Fire Comments: No comment at this time.
Park & Recreation site plan comments: No comment at this time.
Water site plan comments: No comment at this time.
(Comments made by Platting (Subdivision Ordinance), Transportation/Public Works, Fire,
Parks and Water Department staff cannot be waived through the Zoning Commission and City
Council. Approval of the zoning site plan does not constitute the acceptance of conditions.)
Transportation/Access
Street/Thoroughfare
Existing
Proposed
In Capital
Improvements Plan
(CIP)
NE 33rd
Residential
Residential
No
Rock Island
Residential
Residential
No
McCandless
Residential
Residential
No
Public Notification:
300 foot Legal Notifications were mailed on July 17, 2019.
The
following organizations were notified: (emailed July 17, 2019)
Organizations Notified
Far Greater Northside Historical*
Lake Worth ISD Streams And Valleys Inc
Trinity Habitat for Humanity Fort Worth ISD
*Located in this registered neighborhood organization
Development Impact Analysis:
1. Land Use Compatibility
The applicant is proposing a zoning change to add a CUP to allow a daycare facility in the "A-5"
zoning district. Surrounding land uses consist of single family with a multifamily structure, stables
and arena to the east.
The proposed zoning request is not compatible with surrounding land uses.
2. Comprehensive Plan Consistency
The 2019 Comprehensive Plan designates the site as being Single Family. A range of
educational, institutional, community service uses, along with single family uses, are appropriate
in this zoning. The proposed zoning is consistent with the following Comprehensive Plan policies:
• Support the provision of quality, affordable child care and early education opportunities.
Page 3 of 4
• Locate elementary schools, parks, and neighborhood commercial uses within walking
distance of most homes to maximize walkable, bikeable, and transit connectivity with all
surrounding residential areas.
• Encourage infill development of compatible, single-family homes in existing
neighborhoods to preserve and protect residential neighborhoods.
Based on the lack of conformance with the future land use map and policy as stated above, the
proposed zoning is not consistent with the Comprehensive Plan.
Attachments:
• Location Map
• Area Zoning Map with 300 ft. Notification Area
• Future Land Use Map
• Aerial Photograph
• Site plan
• Minutes from the Zoning Commission meeting
Page 4 of 4
FORTWORTH®
Area Zoning Map
Applicant:
Natali & Leonel Zamarripa
Address:
3211 NW 33rd Street
Zoning From:
A-5
Zoning To:
Add CUP for daycare for 60 children with waiver to outdoor play area
Acres:
0.50123927
Mapsco:
47Y
Sector/District:
Northside
Commission Date:
8/14/2019
Contact:
817-392-2495
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Created: 7/17/2019 1:46:36 PM
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LOT 5
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PROPOSED PARKING:
60 STUDENTS AT 1/10 = 6 PARKING SPACES REQUIRED
4 FACULTY MEMBERS = 4 PARKING SPACES REQUIRED
10 PARKING SPACES REQUIRED
10 PARKING SPACES PROVIDED
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EXTERIOR FINISHES:
1. ROOFING TO BE SHINGLE ROOFING TO
MATCH EXISTING RESIDENCES.
2. EXTERIOR WALLS TO BE HARDY
SIDING PAINTED TO MATCH RESIDENCES.
CUP PROJECT NOTES:
1. THE REQUESTED EXPIRATION DATE FOR THIS CUP
IS TEN YEARS FROM THE DATE OF APPROVAL.
2. THIS PROJECT WILL COMPLY WITH SECTION 6.301
AS SHOWN ON THE LANDSCAPE PLAN.
3. THIS PROJECT WILL COMPLY WITH SECTION 6.302
URBAN FORESTRY.
4. THIS PROJECT WILL COMPLY WITH SECTION 6
REGARDING SIGNAGE.
DNIEC I OR OF PLAIWVQ AND DEVELOPMENT
MUNCHKINS, INC.
ZONING CASE #
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Council Districts
2 -Carlos E. Flores
3-Brian Byrd
4 -Cary Moon
5 - G yna B ivens
6 - J ungus Jordan
7 - Dennis Shingleton
8 -Kelly Allen Gray
9 -Ann Zadeh
Overlay Districts
Airport Overlay District
1-35W
TU PERIPHERAL
DESIGN DISTRICT
CONSERVATION DISTRICT
I Noise Contours
DECIBEL
65
70
75
80
85_
F
er Oaks
FORT WORTHo
Area Map
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zC_1 9-101
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0 1,000 2,000 4,000 Feet
Created: 7/17/2019 1:45:25 PM
FORTWORTH.
ZC-19-101
Future Land Use
tttttttttttttttttt- CMCO -Commercial Connector Neighborhood Commercial
tttttttttttttttttt- CMU - Commercial Mixed Use Street a
tttttttttttttttttt- NC - Neighborhood Connector
SL -System Link
Vacant, Undeveloped, Agricultural
Rural Residential
Suburban Residential
Single Family Residential
Manufactured Housing
Low Density Residential
Medium Density Residential
-
High Density Residential
General Commercial
Light Industrial
Heavy Industrial
Mixed -Use
Industrial Growth Center
Infrastructure
100 Year Flood Plan
Public Park, Recreation, Open Space
Private Park, Recreation, Open Space
Lakes and Ponds
100 50 0 100 Feet
N
A Comprehensive Plan shall not constitute zoning regulations or
as tab is hzoning district bow dad as. (Texas Local Government Code,
Section 213.005.) Land use designationswere approved
by City Council on March 5, 2019.
Created: 7/17/2019 1:47:17 PM
FORTWORTH®
ZC-19-101
Aerial Photo Map
0 62.5 125 250 Feet