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
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A New Store
Ko 2933 Alcannon Street
Fort Worth, Texas 76119
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Site Plan
Richard K. 0'De 817-291-5926
EWPRKO@AOL.com
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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
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