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Home My WebLink About(0077) ZC-20-016.pdfCase Number ZC-20-016 FORTWORTH ZONING MAP CHANGE STAFF REPORT City Council Meeting Date: March 3, 2020 Zoning Commission Recommendation: Approval by a vote of 9-0, as amended, for a bar with an art gallery, for a time period of five years Opposition: Three people spoke Support: River District NA; 1 person spoke Owner/Applicant: 101 Nursery Lane LLC Site Location: 101 Nursery Lane Proposed Use: Bar Council District 7 Continued Case Manager Surplus Council Initiated Acreage: 0.592 Yes No X Laura Evans Yes No X Yes No X Request: From: "MU-1" Low Intensity Mixed -Use To: Add Conditional Use Permit to allow a bar to Suite 108; site plan included Land Use Compatibility: Requested change is compatible. Comprehensive Plan Consistency: Requested change is consistent. Staff Recommendation: Approval Background: The subject property is located at the southeast corner of White Settlement and Nursery Lane. The applicant is requesting a Conditional Use Permit to allow a bar. The bar in this case is to function as part of an art gallery. A bar as part of a restaurant or similar use would be allowed if alcohol sales were not the majority of sales, in this case the developer is wanting ensure that the use is allowed if/when sales of alcohol becomes the majority of the business. The parking ratio is 5 spaces per 1,000 square feet plus 1 space for every 4 seats. The site plan indicates 25 on -site parking spaces, with additional parking located within 500 feet of the site. The zoning is "MU-1" and the building is existing and meets the current "MU-1" zoning regulations, therefore no waivers are necessary. While a bar is not permitted in the "MU-1" 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. 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. Page 1 of 3 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. During the zoning commission hearing, the opposition stated they were concerned with the adjacency of a bar behind their homes. The applicant stated that their use would not operate as a typical bar, and that alcohol would be served in conjunction with events. The amended motion makes it such that the bar use is only allowed in conjunction with an art gallery for a time period of five years. Site Information: Surrounding Zoning and Land Uses: North "E" Neighborhood Commercial / commercial East PD 990 PD/A-5 / single family South "MU-1" Low Intensity Mixed -Use / mixed -use West PD 1062 PD/UR / multifamily Zoning Historv: 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, Park & Recreation, 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 January 24, 2020. The following organizations were notified: (emailed January 22, 2020 Organizations Notified Page 2 of 3 FW Rivercrest Bluffs HOA FW River Heights HOA River District NA* Tarrant Regional Water District Streams And Valleys Inc Trinity Habitat for Humanity Fort Worth ISD Castleberry ISD *Located within this Neighborhood Association Development Impact Analysis: 1. Land Use Compatibility The applicant is requesting a zoning change to add a CUP to allow a bar. Surrounding land uses consist of a mixed use and commercial uses, with multifamily to the west and single family to the east. The proposed rezoning is compatible with surrounding uses. 2. Comprehensive Plan Consistency — Northside The 2020 Comprehensive Plan designates the subject property as Mixed -Use. While MU-1 does not allow bars by right, the CUP will allow for additional oversight to ensure compatibility with the area Because of this, the requested zoning district is consistent with the following Comprehensive Plan policies. Encourage new development adjacent and connected to previously developed or platted areas in order to utilize existing utility and road infrastructure and services, thereby optimizing public and private investments and discouraging sprawl development. Encourage new development in character with the existing neighborhood scale, architecture, and platting pattern, while working to improve pedestrian, bicycle, and transit access between adjacent neighborhoods and nearby destinations. Attachments: • Area Zoning Map with 300 ft. Notification Area • Site Plan • Location Map • Future Land Use Map • Aerial Photograph Page 3 of 3 FORT WORTH zc-20-01 s Applicant: 101 Nursery Lane LLC Address: 101 Nursery Lane Zoning From: MU-1 Zoning To: Add Conditional Use Permit for bar/tavern for Suite 108 Acreage: 0.591888 Commission Date: 02/12/2020 Contact: 817-392-8043 0 130 260 520 Feet 59'-9" 20' x 20' PUBLIC OPEN SPACE EASEMENT J Lu LaL J J � w vx oCn � M � //z z X /w j/ 171'-8" WHITE SETTLEMENT ROAD PARKING SUMMARY: PUBLIC OUTDOOR SEATING BENEATH CANOPY WI MIN. 15 SEATS SUITE 108 10'-11" 2,781 SF r-- LLI Y z, J W co W U) fn IL 04 e LARGE CANOPY STREET TREES ON -SITE PARKING: 22 SPACES + 3 ACCESSIBLE OFF -SITE PARKING IPE TY LINE (WITHIN 250T 26 SPACES - - - TOTAL PARKING: 51 SPACES PEDESTRIAN SCALED AREA LIGHTING: LIGHTING ALL PROVIDED LIGHTING WILL ;D§lp CONFORM TO LIGHTING CODE. RAIN GARDEN SIGNS: 30' PERMANENT GAS EASEMENT ARTICLE4LL G WILL. CONFORM TO ARTICLE 4, SIGNS. SIGNS LANDSCAPE FEATURES: THE PROJECT WILL COMPLY WITH SECTION 6.301, LANDSCAPING J THE PROJECT WILL COMPLY WITH SECTION 6.302, URBAN FORESTRY. EXISTING THREE STORY 57' 5" MIXED -USE BUILDING Lu 22,000 SFCn z c� z N POLE LIGHT X �l W LOT 1, BLOCK 13 EXISTING 6' HIGH (MIN.) -77 ° WOOD PRIVACY FENCE Z RIVER -CREST ADDITION ALONG PROPERTY LINE--"LLI ARCHITECT: TRANSFORMER W W ELEMENTS OF ARCHITECTURE, INC. U) z 1201 6TH AVE., SUITE 100 W J FORT WORTH, TX 76104 1 ' NO ERT CAL ON TRU TIO ZONE} 817.333.2880 J d SURVEYOR: 0 RLG INC. 5601 BRIDGE ST., SUITE 420 LANDSCAPE BUFFER 10, a FORT WORTH, TX 76112 PROPERTY LINE 817.687.0080 OWNER: 101 NURSERY LN, LLC - CHRISTOPHER POWERS, MANAGER 105 NURSERY LANE, STE, 200, Project FORT WORTH, TX 76114 North ZONING CASE NO: P019.04813 %iiiiiiiiiiiiiii%%%%%%/h� DIRECTOR OF PLANNING DATE AND DEVELOPMENT 101 NURSERY LANE SUITE 108 CAPITAL ART GALLERY CUP SITE PLAN PITAL 0 (V 0 (V N FORT WORTH ,-11,11,1110 Area Map 1,000 2,000 4,000 Feet ZC-20-016 Created: 1/24/2020 5:10:16 PM FORT WORTH. ZC-20-016 Future Land Use k � LLJ W z {�J � A A -Activity Street Institutional r� CMCO - Commercial Connector Neighborhood Commercial r� 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 ii Low Density Residential Private Park, Recreation, Open Space Medium Density Residential Lakes and Ponds - High Density Residential 80 40 0 80 Feet N A Comprehensive Plan shall not constitute zoning regulations or as tab ishzoning district boundaries. (Texas Local Government Code, Section 213.005.) Land use designationswere approved by City Council on March 5, 2019. Created: 1/24/2020 5:11:55 PM 11 di Z F0111R4T WORTH.: Aerial Photo Map 7 y F J T1 I 0 50 100 200 Feet ZC-20-016 r r+ � � f .1115 WHITE SETTLEMENT t 7. J ' Lu z CL