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HomeMy WebLinkAbout(0075) ZC-20-014.pdfCase Number ZC-20-014 FORTWORTH ZONING MAP CHANGE STAFF REPORT City Council Meeting Date: March 3, 2020 Zoning Commission Recommendation: Denial by a vote of 9-0 Opposition: None submitted Support: None submitted Council District 8 Continued Case Manager Surplus Council Initiated Owner/Applicant: Alcannon Properties, LLC Site Location: 2933 Alcannon Street & 2819 Old Mansfield Road Proposed Use: Auto Repair, Auto Sales, Body Shop Request: From: "E" Neighborhood Commercial Yes _ No X Lynn Jordan Yes No X Yes No X Acreage: 0.932 To: Add Conditional Use Permit (CUP) to allow for auto sales, auto repair and body shop with waivers to front yard and supplemental setbacks, residential proximity, bay doors facing residential; site plan included Land Use Compatibility. Comprehensive Plan Consistency: Staff Recommendation Requested change is not compatible. Requested change is not consistent. (Significant Deviation) Denial Background: The proposed site is located at the intersection of Alcannon & Ray Alvin identified as residential streets on the City's MTP Master Thoroughfare Plan, just east of Business 287. The applicant is requesting to add a Conditional Use Permit to allow auto sales, auto repair and auto body shop with several waivers; site plan included. Automotive uses are only permitted within commercial "FR" through "K" zoning districts or through the CUP process. The applicant has applied for the (CUP) Conditional Use Permit to allow the automotive use within the "E" district. Several waivers are being asked for from Section 5.104, Automotive Repair; Paint and Body Shop of the Fort Worth Zoning Ordinance. The waivers consist of front yard and supplemental setback adjacent to residential, residential proximity and bay doors facing residential. Conditional uses are those uses which are generally compatible with the permitted land uses in a given zoning district, but which 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 an auto repair/sales/body shop uses are not permitted in the "E" zoning district by right, allowing one 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. The existing building Page 1 of 3 has a legal non -conforming status for continued auto repair use, however, the applicant is wanting to expand the use to include auto sales, paint and body. 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. Surrounding Zoning and Land Uses: North "A-5" One -Family/ single-family East "A-10" One -Family / Commercial sales use South "E" Neighborhood Commercial / convenience store and vacant building West "E" Neighborhood Commercial / auto sales Recent Relevant Zoning and Platting History: Zoning History: ZC-10-117, Council -initiated rezoning for various parcels within the subject area to various zoning districts, effective 10/01/10 Site Plan Comments: The site plan as submitted does not meet the Planning and Development requirements of the CUP Ordinance. 1. No repairs shall be conducted on any premises that adjoin any residential district boundary. (waiver required) 2. All repairs must be conducted within an enclosed building. (waiver required) 3. Automotive repair, paint and body shops located on property adjacent to and or within 200 feet of a one- or two-family residential use must screen all vehicles accepted for repair from view of such residential use by parking/storing the vehicles within a building or providing a six-foot solid screening fence or six-foot solid evergreen hedge along the property line adjacent to or across an alley from a one or two-family residential use.(waiver required) 4. A screening fence is required for vehicles that have been accepted for repair and stored overnight. Site plan indicates a 6 ft. chain link fence. (waiver required) Page 2 of 3 5. No more than two vehicles per bay door that have been accepted for repair can be stored outside during regular business hours unless they are stored in a completely enclosed building. (waiver required) 6. No automotive repair or service facility shall be permitted to have bay doors facing a one -or two-family district. (waiver required) 7. The existing building and 3 parking spaces encroach into the projected 20 ft. front yard setback along Ray Alvin. (waiver required) 8. The new building proposed along the rear property line encroaches into the 20 ft. supplemental setback. (waiver required) (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 comments.) Public Notification: 300 foot Legal Notifications were mailed on January 23, 2020. The following organizations were notified: (emailed January 22, 2020) Organizations Notified Glencrest Civic League NA Streams and valleys Inc. Glen Park NA Trinity Habitat for Humanity United Communities Association of South Fort Worth Southeast Fort Worth, Inc. Fort Worth ISD Closest registered neighborhood organization* Development Impact Analysis: 1. Land Use Compatibility The applicant is proposing a zoning change to add a CUP to allow for auto sales, auto repair and paint and body shop facility in the "E" zoning district. Surrounding land uses consist of single- family to the north, commercial sales to the east, and auto sales to the west. The proposed zoning request is not compatible with surrounding land uses. Comprehensive Plan Consistency -Southeast The 2019 Comprehensive Plan designates the site as being Neighborhood 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. Promote appropriate infill development of vacant lots, old commercial centers (greyfields), and contaminated sites (brownfields) within developed areas, particularly in the central city. 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. Based on 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 • Area Map • Future Land Use Map • Aerial Photograph Page 3 of 3 FORT WORTH. Area Zoning Map Applicant: Alcannon Properties, LLC Address: 2933 Alcannon Street & 2819 Old Mansfield Road Zoning From: E Zoning To: E plus CUP for body shop, auto repair, & auto sales Acres: 0.93221453 Mapsco: 92E Sector/District: Southeast Commission Date: 2/12/2020 Contact: 817-392-2495 ;II" 2111.I 25611 T"U5 }I? 1?1 :{.I; _ ��•1 �. PECOS _ FM1d1j� �y I Fe 11 R S A-5 tD 543 =� I 2e]i1 28M 25M no) - Subject Area ® 300 Foot Notification aJ1g .�i; _�17 PECOS ZC-20-014 +u: IIJA'I Ah- A-'L O Nw EtL`' �1]I��015 l i U ' : 7r11.1 11 14 iU'A I 41LL1 I{I� YD!j .uy11- ?U n1 rJU Y152 XW ML5 JL1;,J 302ff 0 95 190 380 Feet Created: 1/24/2020 5:11:05 PM N W W i C) C) �Q Q. 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(D O Q CD Q C C = (D �_ n ° C p N Q (D cn' O n C• N Cn (D C 3 C cn n I 6 CD Cn a (D 0 cn t.° _� Cn CD (D °- (D (T (D M (n CD _ Q (D 0 0 Q ° O D Q Q (1 — O ° (D Co 0�'' O (D .� ° ,� CT cnZ5 (D -gy p n. :3Q 0 to cD — Q O (D �' NO O� 3 m p (� �° `G C)(DQ � 0 O n cn °- ° C `G Q n (D ° (n (D O O (DO (D < O C cn Cf)Q O CD = Q cn cn g Q n cn �, p n O CD (n ° :3M (n (n n Q n < O Q (T CD Q c° p n O p c' (D (D CD z O — � (D (D N (°n CT to °- 3 _ • ° `° D ° n n .O-r < (D cD r--r CD O _� — n � File Number 103-20 210.42 1 r CD n CD npmMrLnc- s Q c O .+ M Q cn — • -+ �p lfl LO O N A New Store Ko 2933 Alcannon Street Fort Worth, Texas 76119 24'-3 1 /8" < n n n BCD �°-°333 (D O (D ° Q QO Cn r � C ° Z (D CAD cn CT �Q 6 Q p C)O O C Q cn (n D p�< ° D Q , Q .. ° X- (n �'°-o-p O Q� C)(D �. 0 r O :) (D r r �. 3 (D `< Q o ° Oa 5 �.0 Q Q. fi (D Q (n ° (� 7 _ :3 (D (D ° n (n (T (D (n (D Site Plan Richard K. 0'De 817-291-5926 EWPRKO@AOL.com ,fir: xry � +a �. _ 4 ��� i ' FORTWORTH. ZC-20-014 r_ A- Activity Street Institutional Future Land Use LOcim:i4 r_ CMCO -Commercial Connector Neighborhood Commercial r_ CMU - Commercial Mixed Use Street a r_ 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 ALCANNON N A Comprehensive Plan shall not constitute zoning regulations or establshzoning district boundaries. (Texas Local Govemment Code, Section 213.005.) Land use designationswere approved by CRY Council on March 5, 2019. Created: 1/24/2020 5:11:46 PM 44-1 Cox , A17 . . . . . . . . . . . . . . . . 4 to