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Home My WebLink About(0108) ZC-20-104FORTWORTH Case Number ZC-20-104 ZONING MAP CHANGE STAFF REPORT City Council Meeting Date: Council District 2 November 10, 2020 Zoning Commission Recommendation: Approval by a vote of 7-0 Opposition: one letter Support: letter Northside NA Owner/Applicant: Gould Avenue, LLC Continued Case Manager Surplus Council Initiated Site Location: 1300, 1302, 1304, 1306 Gould Avenue Proposed use: Commercial Yes _ No _X_ Lynn Jordan Yes _ No X Yes _ No X Acreage: .70 Request: From: "CF" Community Facilities To: Add Conditional use permit (CUP) for restaurant with alcohol sales; site plan included Land use Compatibility: Requested change is compatible. Comprehensive Plan Consistency: Staff Recommendation: Requested change is not consistent. (Significant Deviation) Approval Background: The property is located at the intersection of Gould Avenue & Northside Drive. The applicant is requesting a zoning change to add a Conditional Use Permit (CUP) for a restaurant with alcohol sales; site plan included. The subject property was rezoned to Community Facilities "CF" for the church use back in 2011, the property has sold. According to historic aerials the church appears to have been built prior to 1950 and may have been constructed prior to the Zoning Ordinance. The applicant has stated they will keep the existing structure and remodel it for a take-out restaurant facility with alcohol sales. The remainder of the lots 19 and 20 will be used as green space as indicated on the site plan with the exception of the dumpster location and will act as a buffer to the single family uses in the block. 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 a restaurant is not permitted in the "CF zoning district by right, allowing it by CUP with a site plan may help mitigate any neighborhood concerns. 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. Site Information: Surrounding Zoning and Land Uses: North "A-5" One -Family / single family East "A-5" One -Family / single family South "A-5" One -Family / single family West "A-5" One -Family / single family Zoning History: ZC-11-016 Council -initiated rezoning for multiple properties to various zoning districts, approved and effective 3/18/11 Site Plan Comments: The site plan as submitted is not in general compliance with the Zoning Ordinance regulations. 1. The existing building encroaches into established setbacks along Gould Avenue (20 ft.) and Northside Drive (20 ft.)(requires development regulation standard) • (analysis: Based on the existing building configuration, year constructed) Staff supports the encroachment into established setbacks. 2. A 5 ft. bufferyard is required along all property lines please indicate on the site plan. If the existing building and any parking spaces encroach. (requires development regulation standard) • (analysis: Based on the existing building configuration, year constructed) Staff supports the encroachment into the 5 ft. bufferyard. 3. Parking is prohibited in the front yard for CF zoning. (requires development regulation standard) • (analysis: Approximately 3 parking spaces encroach into the projected setback. Based on the past aerials the parking has always been in place) Staff supports the encroachment of 3 parking spaces in the projected front yard. The Zoning Commission recommended Approval to the 3 development regulations standards noted above. Page 2 of 3 The site plan comments noted above shall be addressed on the site plan per the CUP Ordinance. (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 24, 2020. The following organizations were notified: (emailed September 21. 2020) Organizations Notified Inter -District 2 Alliance Streams and Valleys Inc Northside NA* Trinity Habitat for Humanity Tarrant Regional water District Fort Worth ISD Located within a registered Neighborhood Association* Development Impact Analysis: 1. Land Use Compatibility The applicant is requesting a zoning change for a Conditional Use Permit (CUP) for a restaurant with alcohol sales. Surrounding land uses are predominantly single family. The proposed zoning for a CUP is compatible at this location. 2. Comprehensive Plan Consistency — Northside The 2020 Comprehensive Plan designates the subject property as Institutional. The requested zoning classification is not appropriate for the land use designation. The requested CUP zoning is not consistent with the following Comprehensive Plan policies: 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. Encourage infill development of compatible, single-family homes in existing neighborhoods to preserve and protect residential neighborhoods. Based on lack of conformance with the future land use, and policies 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: Gould Ave, LLC Address: 1300 - 1306 (evens) Gould Avenue Zoning From: CF Zoning To: Add Conditional Use Permit for restaurant with alcohol sales Acres: 0.70521057 Mapsco: 62P Sector/District: Northside Commission Date: 10/14/2020 Contact: 817-392-2495 Q 744 74413 7013 E CIF iz:Q 1}2s 7'}9 j� yjt y}� huh t 611 1 all E_: DD 'k 1 i2Jl r 1}} 4� -i: 1341 134 ti45 n h hti�1 � h h d 01] 1 ZC-20-104 7}L A-5CD tP t' 121s h by } 1227k $ 4: 1212 w� 5' E t �4 1224 - Subject Area ® 300 Foot Notification 0 100 200 400 Feet Created:9/23/2020 10:51:31 AM ALLEY n A n0 nnl nnn r n 4 n nnI 11 '-0" EXISTING DRIVE & CURB CUTS GOULD AVENUE SITE PLAN ill = 10'-01, VICINITY MAP w ry 0 w 0 U) ry O z SITE GENERAL NOTES 1. SITE PLAN WILL COMPLY WITH URBAN FORESTRY. 2. SITE PLAN WILL COMPLY WITH LANDSCAPING. 3. SITE PLAN WILL COMPLY WITH SIGNAGE. 4. ANY BUILDING OR PARKING LOT LIGHTING SHALL BE SHIELDED, DIRECTED AWAY AND DOWNWARD FROM ANY RESIDENTIAL DISTRICT. 5. THERE IS NO DETACHED SIGNAGE PROPOSED ON THE SITE PLAN. 6. ALL FENCE SHOWN ON PLAN IS OWNED BY THIS CURRENT PROPERTY OWNER. 7. THERE ARE NO PLANS TO EXTEND THE WROGHT IRON FENCE ALONG GOULD AVENUE. 8. RE -STRIPE EXISTING PARKING. 9. REPLACE CONCRETE TIRE STOPS ALONG BUILDING IF DAMAGED OR MISSING. AREA & OCCUPANCY LEGEND FLOOR AREA % OF AREA OCCUPANCY PICK-UP AREA 322 SF 6 % OCC = 1/100SF = 3 KITCHEN 948 SF 16 % OCC = 1/200SF = 5 WALK-IN REFRIGERATORS 943 SF 16 % OCC = 1/200SF = 5 DRY STORAGE 2,593 SF 45 % OCC = 1/200SF = 13 OFFICE 162 SF 3 % OCC = 1/100SF = 2 RESTROOMS 211 SF 4 % - HVAC 74 SF 1 % - JANITOR 15 SF <1 % - ELEC ROOM 19 SF <1 % - ADJ. FOR NET 855 SF 9 % - TOTAL 5,820 SF 100% - TOTAL OCCUPANTS = 28 SIGNATURE BLOCK DIRECTOR OF DEVELOPMENT SERVICES DATE FORT WORTH ,-11,11,1110 Area Map Nil ZC-20-104 N 0 1,000 2,000 4,000 Feet Created: 8/18/2020 2:50:48 PM 6 A -Activity Street UU CMCO -Commercial Connector CMU - Commercial Mixed Use Street - -' NC - Neighborhood Connector _ SL-System Link Vacant, Undeveloped, Agricultural Rural Residential Suburban Residential Single Family Residential CZ Manufactured Housing Low Density Residential Medium Density Residential i High Density Residential FORTWORTH. " 0 Future Land Use Institutional Neighborhood Commercial 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 Zo ZC-20-104 120 A Comprehensive Plan shall not constitute zoning regulations or establish zoning district boundaries. 60 0 120 Feet (Texas Local Government Code, Section213.005) Land ' use designations were approved by City Council on March 3, 2020 ZC-20-104 C'�� FORT WORTH.: Aerial Photo Map .v 1,Ave 0<41 Y, OL Ar VIL V; 4Q' 0 75 150 300 Feet