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Home My WebLink About(0084) ZC-19-158 .pdfFORTWORTH City Council Meeting Date: January 14, 2020 Case Number ZC-19-158 ZONING MAP CHANGE STAFF REPORT Council District 8 Zoning Commission Recommendation: Continued Denial due to a failed substitute motion by a vote of 4-4 Case Manager Surplus Council Initiated Opposition: New Mitchell Boulevard NA Support: Two persons spoke Owner/Applicant: James Austin Jr. Site Location: 3220 Mitchell Blvd. Acreage: 1.08 Proposed use: Parking lot for restaurant Request: From: "B" Two -Family, "E" Neighborhood Commercial To: "E" Neighborhood Commercial Land use Compatibility. Requested change is compatible. Comprehensive Plan Consistency: Staff Recommendation Requested change is consistent. Approval Yes No X Lynn Jordan Yes No X Yes No X Background: The property is located at the intersection of Berry and Mitchell both neighborhood collectors. The applicant is requesting a zoning change from "B" Two -Family and "E" Neighborhood Commercial to "E" Neighborhood Commercial for a parking lot for an existing restaurant. Past efforts to rezone this property for neighborhood commercial have not been successful. Should the property be approved, there are several requirements that go along with a parking lot adjacent to residential, such as down lighting, screening, chaining and locking at night. The case was continued at the November Zoning Commission meeting to allow more time for the applicant to reach out to the neighborhood and clarify proposed uses for the property. The proposed use was indicated in the zoning change request application and thus noticed to the public as a parking lot for restaurant. At the November hearing the applicant and owner suggested that the use could be for a restaurant expansion and/or event center. The request is to change the existing zoning of "B" Two - Family and "E" Neighborhood Commercial to allow the full lot to be zoned "E" Neighborhood Commercial. "E" Neighborhood Commercial would allow beauty/barber shops, bookstores, drug stores, studios, offices, public and civic uses, health care, retail sales, banks, restaurants, gasoline sales, bakeries, event center or rental hall, and alcohol sales for off premise consumption and as part of food service. At the December Zoning Commission meeting a representative for the New Mitchell Boulevard neighborhood association spoke in opposition. They do not want to see the lot change to commercial. Page 1 of 3 Five motions were made by the Commissioners ending in motions failing with a tie vote. The last motion that was seconded is the motion for Denial moving it forward to City Council. Site Information: Surrounding Zoning and Land Uses: North "A-5" One -Family/ single-family East "CF" Community Facilities / church South "A-5" One -Family and "CF" Community Facilities across Berry / single-family and church West "A-5" One -Family / single-family Recent Relevant Zoning and Platting History: Zoning History: ZC-18-034 "PD/E" with limited uses; site plan included request Denied by City Council 04/03/18 ZC-17-073 "PD/E" plus auto parts store Denied without Prejudice by City Council ZC-14-151 "FR" request Denied by City Council 03/17/15 ZC-11-074, City Council approved 10/18/11, subject area to the north for residential ZC-11-061 Renaissance Square, City Council approved 09/13/11 for Planned Developments, subject area to the southeast. Public Notification: 300 foot Legal Notifications were mailed on October 23, 2019. The following organizations were notified: (emailed October 22, 2019) Organizations Notified New Mitchell Boulevard NA* Streams & Valleys Inc Glencrest Civic League NA East Fort Worth, Inc. Southeast Fort Worth, Inc Trinity Habitat for Humanity United Communities Association of South Fort Worth Fort Worth ISD Located within this registered neighborhood organization* Development Impact Analysis: 1. Land Use Compatibility The applicant is proposing a zoning change to "E" Neighborhood Commercial. The "B" Two - Family portion of this lot has less than 20' of frontage on Berry Street making access difficult without utilizing the existing and adjacent "E" Neighborhood Commercial lot for access. The understood uses, after hearing information given by the applicant and owner at the November hearing, would be a restaurant expansion and/or an event center. Because this site is adjacent to a residential district, it would be required to follow appropriate setbacks and consider projected front yard for placement of parking stalls and buildings. Surrounding land uses are single family to the north and west, churches to the east and south, and the Renaissance Square shopping center east of Mitchell Boulevard. Neighborhood serving uses at this corner are appropriate as a buffer to the residential uses. At the location of two collector/arterial streets and in proximity to the Renaissance shopping center, the proposed zoning for this site is compatible at this location. 2. Comprehensive Plan Consistency - Southeast The 2019 Comprehensive Plan designates the subject property as Neighborhood Commercial. The requested zoning change is consistent with the following Comprehensive Plan policies: • Encourage appropriate development and redevelopment within central city commercial districts and neighborhoods. • Promote appropriate infill development of vacant lots, old commercial centers (greyfields), and contaminated sites (brownfields) within developed areas, particularly in the central city. • Promote a balance of residential, commercial, and industrial uses in the Southeast sector. Based on conformance with the future land use map and policies stated above the proposed zoning is consistent with the Comprehensive Plan. Page 2 of 3 Attachments: • Area Zoning Map with 300 ft. Notification Area • Area Map • Future Land Use Map • Aerial Photograph • Minutes from the Zoning Commission meeting Page 3 of 3 FORT WORTH. Area Zoning Map Applicant: James Austin Jr. Address: 3220 Mitchell Boulevard Zoning From: B, E Zoning To: E Acres: 1.08222968 Mapsco: 78S Sector/District: Southeast Commission Date: 11/13/2019 Contact: 817-392-2495 ZC-19-158 A - 2:1•. 291� n19 2917 292d ?93 1 I.ii 2932 j k 2933 qp 29+11 3013 #� 'c 3021 v ' ,3 _ 2317 2925 2929 2933 29e 1 242E 2932 2. . "J7 _ z dc Y J T 2950 3 3045 =. A THANN� 3101 a ao a a 31.i3 2 � n r- 3117 � BURTON qq � fti K -5 egi ti 0 3001 3000 2•i 2928 3005 3044 3009 2932 7]U] 3013 3012 3101 3103 3012 3105 314d 3016A 3113 3112 M20 3116 NNIBCH 3120 3112 3116 3200 320E 3250 W M g < U 325 oo 26. 32& 3253 3262 3299 7r}4i 3270 Wo a 2553 Subject Area 300 Foot Notificatio S 'e d PD720 2738 2700 2708 2700 2720 2729 2748 271 d 2732 0 120 240 480 Feet Created: 10/23/2019 8:57:01 AM FORT WORTH. "M Future Land Use �Q ISH W 03 Z Q C.} A -Activity Street i- Institutional CMCO - Commercial Connector Neighborhood Commercial CMU - Commercial Mixed Use Street General Commercial r_ 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 190 95 0 190 Feet y S 9 LU H Z ZC-19-158 THANNI CH LU J 0 Lid F- BURTON N •: 14J'' IJ j - I I i.f ,: ,: � C. i.f 11 r I r.: t. -I N A Comprehensive Plan shal not constitute zoning regulations or as tab is h zoning district boundaries. (Texas Local Government Code, Section 213.005.) Land use designationswere approved by City Council on March 5, 2019. Created: 10/23/2019 8:58:09AM .FORT WORTH.. Aerial Photo Map ~ Id` �-* Jr !4 T] MIN|CH U RTON . � - . L -- ZC-19-158 � � - � � � 2 � .� - �■� �� ^ �� ■ ■�� . ' 4 . ` ^ A" /SHIRE 0 125 250 500 Feet .� ,. $ TTI N NIS C H _u � � � S � / .. BUR}ON �4 DRAFT City of Fort Worth, Texas Zoning Commission December 11, 2019 — Meeting Minutes Present: Will Northern, Chair, District 1 Jennifer Trevino, District 2 Jesse Gober, District 4 Rafael McDonnell, District 5 Sandra Runnels, District 6 John Aughinbaugh, District 7 Wanda Conlin, Vice Chair, District 8 Kimberly Miller, District 9 Absent: Beth Welch, District 3 Staff Members Present: Randy Hutcheson, Interim Assistant Director Arty Wheaton -Rodriguez, Planning Manager Lynn Jordan, Planner Laura Evans, Senior Planner Melinda Ramos, Sr. Assistant City Attorney Chf Tyler Wallach, Sr. Assistant City Attorney Mirian Spencer, Senior Planner Public Hearing — 1:00 P. M. Mr. Wheaton -Rodriguez explained the procedure to be followed for the Zoning Commission meeting. I. CALL TO ORDER With a quorum of the Zoning Commission Members present, Chair Northern called the regular session of the Fort Worth Zoning Commission to order at 1:00 p.m. on Wednesday, December 11, 2019, in the Council Chambers of the Fort Worth City Hall, 200 Texas Street, Fort Worth, Texas. III. CONSIDERATION OF MINUTES OF THE ZONING COMMISSION REGULAR MEETING OF SEPTEMBER 11, 2019. Motion: Commissioner Aughinbaugh made a motion, seconded by Commissioner Conlin, that The minutes of the Zoning Commission meeting of November 13, 2019, be approved, as amended. Motion passed 8-0. Video on individual cases can be viewed at the following website. http://fortworthgov.granicus.com/ViewPublisher.php?view id=2 II. NEW CASES Chair Northern opened the public hearing. 1. ZC-19-158 James Austin (CD 8) — 3220 Mitchell Blvd. (1.08 ac.) From: "B" Two - Family, "E" Neighborhood Commercial To: "E" Neighborhood Commercial Sonya Bell, 4033 Hunter Hill Dr, appeared before the Commission in support of ZC-19- 158. The following individuals appeared in support of ZC-19-158: Draft ZC minutes December 11, 2019 James Austin, 2017 Teakwood Trail Rosa Ramirez, 4820 El Rancho The following individuals appeared in opposition of ZC-19-158: Barbara Smith, representing The New Mitchell Blvd, 2508 Malvern 1st Motion: Commissioner Conlin made a motion, seconded by Commissioner Runnels, that ZC-19-158 be Denied with Prejudice. Motion failed 4-4. 2nd Motion: Commissioner Aughinbaugh made a motion, seconded by Commissioner Miller that ZC-19-158 be Denied without Prejudice. Motion failed 3-5. 3rd Motion: Commissioner Gober made a motion that ZC-19-158 be Approved for "E". Motion failed to get a second. 4tn Motion: Commissioner McDonnell made a motion, seconded by Commissioner Aughinbaugh, that ZC-19-158 be continued for 60 days. Motion failed 2-6. Final Motion: Commissioner Trevino made a motion, seconded by Commissioner Gober, that ZC-19-158 be Approved as amended for "ER". Failed motion to approve 4-4, case moves forward as denial of "ER" 2. ZC-19-161 Sevanne Steiner/Charlotte Hogan (CD 9) — 914 N. Sylvania Ave. (0.21 ac.) PrQm: "E" Neighborhood Commercial To: 11MU-1" Low Intensity Mixed -Use , 6412 Shasta Trail, appeared before the Commission in support of ZC- 19-158. The following corr ondence was submitted in support of ZC-19-161: Riverside Business Alhunce The following correspondenc as submitted in opposition of ZC-19-161: 2 letters Motion: Commissioner Miller made a m on, seconded by Commissioner Aughinbaugh, that ZC-19-161 be Approved. Motion passe -0. 3. ZC-19-166 Coraldane Hamrick (CD 8) — 2008,2020sycamore School Rd. (1 ac.) To: Add Conditional Use Permit (CUP) for automatic?ar wash facility in "E" Neighborhood Commercial; site plan included Samuel Rhea, 4532 Cloudview Rd, appeared before the CommissioX1upport of ZC-19- 166. The following individuals appeared in support of ZC-19-166: Stephanie Kaiser, 111 Congress Ave, Austin, TX Draft ZC minutes December 11, 2019 Barry Hudson, 3012 Gunnison Trail, appeared before the Commission in support of ZC- 19-154. Motion: Commissioner Runnels made a motion, seconded by Commissioner McDonnell, that ZC-19-154 be Approved. Motion passed 9-0. 2. ZC-19-158 James Austin (CD 8) — 3220 Mitchell Blvd. (1.08 ac.) From: "B" Two - Family, "E" Neighborhood Commercial To: "E" Neighborhood Commercial Sonya Bell, 4033 Hunter Hill Dr, appeared before the Commission in support of ZC-19- 158. The following individuals appeared in support of ZC-19-158: James Austin Rosa Ramirez The following individuals appeared in opposition of ZC-19-158: Barbara Smith, representing The New Mitchell Blvd, 2508 Malvern The following correspondence was submitted in opposition of ZC-19-158: Glencrest Civic League The New Mitchell Blvd NA Motion: Commissioner Conlin made a motion, seconded by Commissioner Aughinbaugh, that ZC-19-158 be continued for 30 days. Motion passed 9-0. 3.-19-161 Sevanne Steiner/Charlotte Hogan (CD 9) — 914 N. Sylvania Ave. (0.21 ac.) From. "E" Neighborhood Commercial To: 11MU-1" Low Intensity Mixed -Use Sevanne Stein 6412 Shasta Trail, appeared before the Commission in support of ZC- 19-158. The following individuals a eared in support of ZC-19-161: Chad Colley, representing Rive ast Assoc., 2900 Race St The following correspondence was subm' ed m support of ZC-19-161: Riverside Business Alliance 1 letter The following correspondence was submitted in oppositio f ZC-19-161: Vintage Riverside NA (requests continuance) 6 letters Motion: Commissioner Miller made a motion, seconded by Commissioner vino, that ZC-19-161 be continued for 30 days. Motion passed 9-0. Draft ZC minutes November 13, 2019