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HomeMy WebLinkAbout(0083) ZC-19-127.pdfCase Number ZC-19-127 FORTWORTH ZONING MAP CHANGE STAFF REPORT City Council Meeting Date: October 15, 2019 Zoning Commission Recommendation: Approval of a 15 year time period by a vote of 8-0 Opposition: None submitted Support: None submitted Council District 8 Continued Case Manager Surplus Council Initiated Owner/Applicant: Cidema Three Limited Partnership Site Location: 2301 SE Loop 820 Acreage: 1.753 Proposed use: Outdoor Heavy Equipment Sales and Service Request: Zone: "G" Intensive Commercial Yes No X Laura Evans Yes No X Yes No X To: Add Conditional Use Permit (CUP) to allow an outdoor heavy equipment sales and service; site plan included Land use Compatibility: Requested change is not compatible. Comprehensive Plan Consistency: Requested change is not consistent (Significant Deviation). Staff Recommendation: Approval Background: The proposed site is located north of Southeast Loop 820 and west of Campus Drive. The applicant is requesting to add a Conditional Use Permit (CUP) to allow an outdoor heavy equipment sales and service; site plan included. Outdoor storage is not permitted by right in commercial districts. The applicant has applied for the CUP to allow this use within the commercial zoning districts. The applicant has indicated there will be changes to the site, and has also indicated where the outdoor storage of heavy construction equipment will be located. 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. While the outdoor storage for large equipment rentals is not permitted in the "F" and "G" zoning districts by right, allowing it by CUP with a site plan may help mitigate any concerns. The site plan limits the square footage of the building and indicates locations for equipment storage. 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 Page 1 of 3 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. During the Zoning Commission meeting the applicant offered a 15 year time period as that is the length of the lease for the use. Site Information: Surrounding Zoning and Land Uses: North "G" Intensive Commercial / auto sales inventory West "G" Intensive Commercial / VA clinic East "G" Intensive Commercial / auto sales South "G" Intensive Commercial / SE Loop 820 Zoning History: None Site Plan Comments: The site plan as submitted is in general compliance with the Zoning Ordinance regulations. (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.) Public Notification: 300 foot Legal Notifications were mailed on September 25, 2019. The followina oraanizations were notified: (emailed September 16. 2019) Organizations Notified Oakridge Terrace NA* Highland Hills NA Streams And Valleys Inc Trinity Habitat for Humanity Southeast Fort Worth Inc Fort Worth ISD Everman ISD *Site located within this registered neighborhood organization Page 2 of 3 Development Impact Analysis: 1. Land Use Compatibility The applicant is proposing a zoning change to add a CUP to allow outside heavy construction equipment sales and service in the "G" zoning district. Surrounding land uses consist of auto sales and inventory to the north and east, a VA clinic to the west, and SE Loop 820 to the south. The proposed zoning request is not compatible with surrounding land uses. 2. Comprehensive Plan Consistency — Sycamore The 2019 Comprehensive Plan designates the site as being within the General Commercial. The proposed zoning is not consistent with the following Comprehensive Plan policies: • Separate incompatible land uses with buffers or transitional uses. Some land uses have attributes such as height, proportion, scale, operational characteristics, traffic generated, or appearance that may not be compatible with the attributes of other uses. Based on the lack of conformance with the future land use map and policy as stated above, the proposed zoning is not consistent (Significant Deviation) with the Comprehensive Plan. Attachments: • Area Zoning Map with 300 ft. Notification Area • Site Plan • Future Land Use Map • Aerial Photograph Page 3 of 3 FORTWORTH. ZC-19-127 Area Zoning Map Applicant: Cidema Three Limited Partnership Address: 2301 SE Loop 820 Zoning From: G Zoning To: Add Conditional Use Permit for construction equipment sales and service Acres: 1.75314321 Mapsco: 91 V Sector/District: Sycamore N Commission Date: 10/9/2019 _ - Contact: 817-392-8043 5252 5250 2201 2201 G 5200 5304 52.}3 R Q 19031903 19J3 21,}3 21J3 S - Subject Area'" ® 300 Foot Notification 21}� 0 115 230 460 Feet Created: 9/19/2019 10:40:49 AM m r O w ti W W V.F U y Lu W o ezg F J O�WtpO U� d 27c1A 2yiFY w O U � o h 0 ry — Ins QrwQ ei S�e�a i 0 0 Vl U 2i�20� yOD:ye ¢ F2 ¢ WW1nW j o F (.I ,wn ,wn UO O mUQm2 Qo o� ¢p giW UQU W a R C 2p ti 2� 2F yQ Q U U V U 4 aj y OOUO� N4 �yjy � W yFtiU W4i JhOR myWy U f� U tit Ua 1-q Up Q UQ�pUQ y WO 2 Ky Ry K2 2 �QJ N020 h van h� bJ U Q A A �tr wok �C1/\j(\\\ / ./I _ WO• r YOh WO + z w � p W� r a ap n� � a \ y o yo C5 (n w cr 1 $ 6 y W C) W��` + ii J + U \ 1 ,Ln d /< X �1 x 2 U YOv� R aiOatiJW m3rna2W oy�omo J �C 0A Z _ _ s � F: 2 Q CDwvJi wN� Fm10 k / 0 F � 6A U N wJ G_ �u W rz / a_�aj2 0 / M 03�OC9 try � / �iV O W / y'V �ry 2 b \ ~ Z F W � � y1J r, Q N 1mn_ i N W U Z r' I 2U N i a 3 i h- 0 m N a N a N v a n m rclo FORT WORTH Area Map L{j EE — air ' rR Council Districts 011- t' 5 2 -Carlos E. Flores 3-Brian Byrd t 4 -Cary Moon by 5 -Gyna Bivens 6-JungusJordan 7 - Dennis Shingleton' f 8 -Kelly Allen Gray 9 -Ann Zadeh Overlay Districts ® Airport Overlay District 0 1-35W TU PERIPHERAL DESIGN DISTRICT CONSERVATION DISTRICT Noise Contours DECIBEL' 65 70 75 - I — 80 85 N 0 1,000 2,000 4,000 Feet ZC-19-127 LU Forest Hill Created: 9/19/2019 10:39:24 AM FORTWORTH. ZC-19-127 Future Land Use oar; �7 °016 t - A -Activity Street Institutional tttttttttttttttttt- CMCO - Commercial Connector Neighborhood Commercial tttttttttttttttttt- CMU - Commercial Mixed Use Street General Commercial tttttttttttttttttt- NC - Neighborhood Connector Light Industrial SL -System Link ! Heavy Industrial Vacant, Undeveloped, Agricultural Mixed -Use Rural Residential Industrial Growth Center Suburban Residential Infrastructure Single Family Residential 100 Year Flood Plan Manufactured Housing Public Park, Recreation, Open Space Low Density Residential Private Park, Recreation, Open Space Medium Density Residential Lakes and Ponds - High Density Residential 180 90 0 180 Feet I 0 N A Comprehensive Plan shal 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: 9/19/2019 10:41 :33 AM F011IR4T WORTH.: Aerial Photo Map ZC-19-127 f .. -10 F f At 0 115 230 460 Feet i