Loading...
HomeMy WebLinkAbout(0213) ZC-20-146Case Number ZC-20-146 FORTWORTH ZONING MAP CHANGE STAFF REPORT City Council Meeting Date: December 15, 2020 Zoning Commission Recommendation: Approval by a vote of 9-0, for ten years Opposition: none submitted Support: 1 letter Owner/Applicant: DFW K&H Real Estate, LLC Council District 2 Continued Case Manager Surplus Council Initiated Yes _ No X Beth Knight Yes No X Yes No X Site Location: 2500 - 2700 blocks Decatur Avenue Acreage: 16.00 Proposed Use: Vehicle Junkyard (auto salvage yard) for 10 years Request: From: "K" Heavy Industrial To: Add Conditional Use Permit (CUP) to allow for vehicle junkyard with waivers to screening fence material and landscaping for 10 years; site plan included Land Use Compatibility: Comprehensive Plan Consistency: Staff Recommendation Requested change is compatible. Requested change is not consistent. (Significant Deviation) Approval Background: The proposed site is located along Decatur Avenue, identified as a collector street on the City's MTP Master Thoroughfare Plan, just south of NE 281" Street and east of the Stockyards. The applicant is requesting to add a Conditional Use Permit to allow a vehicle junkyard with waivers; site plan included. Vehicle junkyards are permitted within more intensive "J" and "K" zoning districts only through the Conditional Use Permit (CUP) process. The applicant has applied for the CUP to allow the vehicle junkyard within the "K" district. Several waivers are being requested from Section 5.305C, Screening Fence Specifications and Sec. 6.301 Landscaping for industrial uses in the Fort Worth Zoning Ordinance. The waivers consist of an 8-foot metal panel fence surrounding the entire site and no landscaping. 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 vehicle junkyard is not permitted in the "K" 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 applicant is requesting to continue the existing vehicle junkyard that was approved for only 5 years by the Board of Adjustment. At that time, though, the user was required to move their facility to this location because of the ongoing Trinity River Page 1 of 3 Vision and the special exception expires in December. These uses are now provided via the CUP process. Through Ordinance 23609 effective March 29, 2019, the Conditional Use Permit for vehicle junkyards allows for a 10-year 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 "K" Heavy Industrial / commercial building and train station East "B" Two -Family and "J" Medium Industrial / residential, small industrial uses, and park South "I" Light Industrial, "K" Heavy Industrial, "PD 775" Planned Development / vacant land, auto repair, and recycling facility West "K" Heavy Industrial / railroads and industrial uses Recent Relevant Zoning and Platting History: Zoning History: ZC-06-274, Council -initiated rezoning for neighborhood northeast of the subject from various districts to A-5, effective 1/7/2006 ZC-06-285, south of subject area, from K to PD 775 for K uses plus recycling facility, effective 8/21/2007 ZC-17-045, west of subject area, Council Initiated from various districts to Stockyards form -based districts, effective 5/5/2017 ZC-19-141, southeast of subject, add CUP to J for outdoor storage, approved 12/18/2019 ZC-20-030, north of subject, from K to MU-1, withdrawn. Site Plan Comments: The site plan as submitted does not meet the Planning and Development requirements of the CUP Ordinance. 1. Screening fences shall be constructed of wood, brick, stone or reinforced concrete products, instead of metal panels. (waiver required) Page 2 of 3 2. Site to meet the landscaping requirements. (waiver required) 3. All stored items and fencing must be removed from the access easement along the north property line. (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 October 28, 2020. The followina oraanizations were notified: (emailed October 19, 2020) Organizations Notified Diamond Hill Jarvis NAC* Streams and Valleys Inc. Inter -District 2 Alliance Trinity Habitat for Humanity Fort Worth Downtown Neighborhood Alliance Tarrant Regional Water District North Fort Worth Historical Society 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 a vehicle junkyard in the "K" zoning district. Surrounding land uses consist of single-family to the east (zoned "J" Medium Industrial), heavy industrial uses (auto part salvage) to the south, and industrial uses and the Stockyards to the west of the existing railroad tracks. Decatur Road, the adjacent roadway, is classified as a collector, instead of an arterial roadway capable of handling the more intensive traffic generated by a large junkyard. Several blocks of single family uses face the junkyard with a public park behind them. The site does not use or access the freight rail lines to the west. The proposed zoning request is compatible with surrounding land uses, due to the overall continued need to provide auto salvage, even though residential uses face the junkyard and low - intensity classification of Decatur Avenue. The waivers associated with the CUP are existing conditions. Comprehensive Plan Consistency -Southeast The Northside Economic Development Strategy that covers this area indicates less intensive uses are appropriate adjacent to the Stockyards Mixed Use Growth Center to the west and approximately '/2 mile from the Stockyards TEX Rail Station. The 2020 Comprehensive Plan designates the site as being Light Industrial. 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. Locate large industrial uses along freight rail lines, highways, or airports within industrial growth centers and other appropriate locations. Encourage development type and intensity appropriate to existing or planned street infrastructure by coordinating future land use map changes with the Master Thoroughfare Plan and an adopted Complete Streets policy. Based on lack of conformance with the future land use map and policies as stated above, the proposed zoning is not consistent (Significant Deviation) with the Comprehensive Plan. Attachments: • Aerial Photograph • Area Zoning Map with 300 ft. Notification Area • Site Plan • Area Map • Future Land Use Map Page 3 of 3 FORT WORTH. Area Zoning Map Applicant: DFW K&H Real Estate, LLC Address: 2500 - 2700 blocks Decatur Avenue Zoning From: K Zoning To: Add Conditional Use Permit for auto salvage yard Acres: 16.00332403 Mapsco: 62H Sector/District: Northside Commission Date: 11/11/2020 Contact: 817-392-8190 2828 ,., 1400^ 2904 , 2942 i 2827 2827 2940 i 700 900 90a 1155 1155 1260 2 r 291d 2 H r, =674 1233 1541 -H CO-55 Y—TA ,ln 2: 1 .1 lam 2708 2770 2748 2738 27aa 27012 \K 2.',} 1 253.3 9�'� a4 C � � 23. f 1141 1141 1141 - Subject Area 1141 1141 1141 1141 ® 1141 1141 1141 300 Foot Notification 1141 1141 1141 ZC-20-146 j r b290- 2901 Li hiE 21 1"7A Fizz, 8(!5 2802 t d}2 1 �09160 a_^J, - law n rti r jam. 7NS 2624 2550 �? 2w 1 2 5i! w 25.,.; 1 2550 27] 227-3) A,-5 ' :r^• 5�M3T0' 2001 174, 17M 2 1750 1700 2355 { F ++i 0 260 520 1,040 Feet 9 r„ 71_rl �, ya 2234 Created: 10/22/2020 12:13:06 PM ON LJ_ M � 00 QLU J CO TZ 2 > Q W U) IY I— U) -117 1-- 00 N NO TES ALL AMERICAN SALVAGE AND DOS GRINGOS BUILDING CHART BUILDING NUMBER BLDG SIZE (SF) BLDG MATERIAL BLDG HEIGHT (FT) BLDG USE 1 7,350 METAL 35 VEHICLE PARTING / PARTS 2 5,000 METAL 35 VEHICLE PARTING / PARTS 3 51,000 METAL 35 VEHICLE PARTING / PARTS 4 80,000 METAL 35 OFFICE / WAREHOUSE / PARTS / SALES 5 764 MASONRY 12 1OFFICE r --T I ZONED ENTIRE LOCK I I I I F I JS�pP�I JSRG�P� 5 P E w G LU 0 ti °ao� o pECATUR AVENUE LO o WIDTH ROW) Viz• IRON (VARIABLE 451.63' E FOUND G C � ETTINGS S oV°37'oo11G � INGS G S T I 5 8• IRON 1 • 1 R6D FOUND RbD FOU Iv sjiOp SET/8 1RON G_SETTINGS EX. FENCE H 9ON 0 50 100 150 200 GRAPHIC SCALE IN FEET SCALE: 1 "=100' E 1 TH 3 = y y h 183 (281H STREET O Z �2 SI TE U O NE 23RD — — — I.� " I I � � � 7 Z I I I I I I I ENTIRE BLOCK ZONED "✓" I I — DECATUR AVENUE (VARIABLE WIDTH ROW) POINT OF BEGINNING S 01 °48'39"E 624.59' (3• X 3• CONC MON) ITITIT L�' TINGSAy� PAVEMENT COVERED BLDG EX. FENCES / / i / J U 1 " 5C .82' VICINITY MAP W \ \ 74Z \ ZONE 'B" ' IRON FOUND _ PA770 \ _ — 1/2• IRON \ ~ GE L I I I 70.0' l II ROD FOUND \ o� StGRP p 82.7' \ \ NIGLE DUMPSTER- EX. FENCE \ \r EX CONCRETE, RP / 6 \ \ ' GRAVEL & 10' WIDE TE.SC.O. EWr \ �E 5toGE \\ ad o'il-, o ASPHALT LOT o . r 56, PG 807 I \ II YPRG `�� v / PI1 I YPRO I VENIG \\ 24.0' RETR4IGE / 1( RETR�IGE EX. FENCE r FORT WORTH STOCKYARDS I \\ o I CO LOT 2A1A 00 I 81CY).8•N N , I I oX. -CQVCR III GRAVEL &VOL. 2989, PG 268 cV n 80.1' I I C7SjOME ASPHALT LOT D.R. TC.TLOT 1, BLOCK 2 I II a FORT WORTH STOCK YARDS o N RING LocN EXISTING USE. VACANT I PA ANY EXISTING ZONING. K N I o o BLDG 3 VOL. 388--P67, PG 25 v� I BLDG 1 0, r7 \ CI I U1 P.R. T. C. T L1J Qa I EX USE - AUTO SALVAGE I I II I DFW K&H REAL ESTATE, LLC \ o 80.1 ' 61.1 ' LU AND SALES TRACT 1, 16 C)I 100.0' N EX ZONING - K I \ 50J II II D206009372 C)I Ln p I I 80 D.R. T.C. T. p ^ LOLO N I SEtF I I EX USE - AUTO SALVAGE C NCR99 rn I o BLDG 2 o v° ao 4 5 I 99 9 TPI� YPRG II I AND SALES CONCRETE U) d o �_ 4 O RE AGE I EX ZONING - K C0 TRACT 1 11 l l I I Z I I SER II II \ CANAL CAPITAL SETTINGS EX. FENCE _I = II II IIIIIi CONCRETE \ CORPORATION100.0 4oIROH o BLDG 4 VOL 16484, PG 0099 sEU EXISTING USE.- VACANT H+I +++ I+H H+I H+I +++ I+H H+I H+I +++ I+H H+I H+I +++ I+H H+H I+H H+I F++I+}F 1+H I I 152.8' `" � I � SELF EXISTING ZONING.- I ►++1 I+.,.I+-H 1+H H+I,,f 1 F M F 11 II RSER GE 10, DAkt/IS PROPERTY q�QUs SAPID TRANS/ I II y I I 80 o VOL. 10146, PG CORPDR80 AT/ON1 �F1 �G-SETTINGS I I 408.0' O M �°+� II II IRON '6° O Ln °O D. R T 0640 �1+1 FOUND ° EX C T. cuLn�o 1 EXISTING AREAS BEHIND FENCES WILL STORE USZOMiV�/Lk 1NE 1h+1 +1y 1 3% 18 _ T Gs II J z �! oR.rc.'r. PD 917 Ex. FEN G_SETTIN \\ EX �Ii/ 2' 'E � II II O i I 15' wIDE UTILITY ESMT VEHICLES IN VARIOUS STAGES WITHIN THE SALVAGE OPERA TIONS ti+1 PillH*2' 1 ROD FOUND N 08°Og �3 E � d U � I 11{ 560.46 Iyyy I 268 21' SETTIN 17INGS N 06008�26"W DALLAS AREA RAPID 2) ALL BUILDINGS, SITE LIGHTING, AND PAVEMENT '��,, ^l ��° - I TRANSIT �IGHTIRE ENGSTDUMPS�ERSNEW NDBUILDINGS, CONDIT�ONENT, SITEERS ARE 1-�Hlyyy�1�1��Hi-1 3�4844F III P�OP�L. 10�46RAP�06RTY �0 \ \�`���,µ�IN�`+N BEING PROPOSED. Oq +L SI1+1yI1 EX. USE T RAIL LINE �+�`\\N+ TRA PROPERTY A 10t46/ AREA AO ORPORq�ION 1444 VW t N� \ 3) PROJECT WILL CONFORM TO LIGHTING CODE. D.RTCT 0640 1+H1'H1H+IH+1H11+HI+HH1I'26 Fli+IWI+HH-HH+IH+I 4) PROJECT SIGNAGE WILL CONFORM TO A TRICLE 4, EX USE - RA14 411VE SIGNS 5) PROJECT WILL REQUESTING A VARIANCE FROM SECTION 6.301, LANDSCAPING 6) PROJECT WILL COMPLY WITH SECTION 6.302, URBA N FORES TR Y 7) EXISTING SOLID 8' TALL METAL PANEL FENCE WILL REMAIN 8) PLEASE SEE ATTACHED AERIAL EXHIBIT TO SEE INTERNAL DRIVE CIRCULATION. PLEASE NOTE PATHS ARE SUBJECT CHANGE DEPENDING UPON INVENTORY AND NEEDS. 9) ALL EXISTING BUILDINGS ARE 1 STORY. HEIGHTS VARY FROM 12 TO APPROXIMA TEL Y 50' TALL 10) BUILDING SETBACKS - FRONT YARD = 0 FEET 11) THE SITE DOES NOT CONTAIN SUPPLEMENTAL SURFACES INSIDE FENCED AREA AS ENTIRE AREA IS SET UP TO HANDLE VEHICULAR TRAFFIC. NOTES FROM PREVIOUS BOARD OF ADJUSTMENT APPROVAL BAC-15-070 1) NO STACKING OF VEHICLES ABOVE THE FENCE 2) EMPLOYEE PARKING SHALL BE LOCATED BEHIND THE FENCE. 3) NO PARKING ON DECA TUR AVENUE 4) SUNDA Y HOURS OF OPERA TION 10 AM TO 6 PM 5) EVEN THOUGH SCREENING FENCE WAS WAIVED IN 2005. APPLICANT BUILD METAL PANEL FENCE TO SCREEN FACILITY. NOTE FROM BOARD OF ADJUSTMENT APPROVAL BAC- 05- 360 1) NO SCREENING FENCE IS REQUIRED. SITE HAS APPROXIMA TEL Y 87 PARKING SPACES INCLUDING 3 HANDICAP SPACES. ENGINEER: //DCG ENGINEERING DCG ENGINEERING, INC. DAVID GREGORY, P.E. 1668 Keller Parkway, Suite 100 Keller, Tx 76248 Phone: (817) 874-2941 Engineering Firm Registration Number F-21947 OWNER / DEVELOPER: MR. BARRY RUBIN DFW K AND H REAL ESTATE LLC 2567 DECA TUR AVENUE FORT WORTH, TEXAS 76109 /......................... *,�l j DAM C. GREGORY ......89296 ........10 .. C EN 5� • ���� SXX A NG� 26- PHONE.- 817-800-8684 BARRY©AMERI CANA U TOSAL VA GE. COM Director of Planning and Development ZONING CHANGE EXHIBIT K TO CUP/K for AMERICAN AUTO SALVAGE & DOS AMIGOS 2567 DECA TUR AVENUE CITY OF FORT WORTH TARRANT COUNTY, TEXAS Date Zoning Case # ZC-20-146 Prepared: September 14, 2020 Revised: October 26, 2020 Council Districts 2 -Carlos E. Flores 3 - Brian Byrd 4 -Cary Moon 5 -Gyna Bivens 6- Jungus Jordan 7 - Dennis Shingleton 8 -Kelly Allen Gray 9 -Ann Zadeh Overlay Districts ® Airport Overlay District 1-35W TU PERIPHERAL 0 DESIGN DISTRICT CONSERVATION DISTRICT Noise Contours DECIBEL 65 70 75 — 80 85 ®m FORT WORTH Area Map 0 1,000 2,000 4,000 Feet r f. ZC-20-146 I 11�_j Created: 10/22/2020 12:11:17 PM FORT WORTH. Future Land Use -.:li-nmP.rri I L'.( nne.C.tni CMU - Commercial Mixed Use Street 1.1 General Commercial SL - System Link Vacant, Undeveloped, Agricultural Rural Residential Suburban Residential Manufactured Housing Low Density Residential Medium Density Residential 1.1 Light Industrial Heavy Industrial Mixed -Use al Industrial Growth Center al Infrastructure 100 Year Flood Plan Public Park, Recreation, Open Space Private Park, Recreation, Open Space ZC-20-146 775 387.5 0 775 Feet A Comprehensive Plan shal not constitute zoning regulations or establish zoning district boundaries. (Texas Local Government Code, Section 213.005.) Land use des ignations were approved by City Council on March 6, 2018. Created: 10/22/2020 12:16:33 PM I 90/r � /� op O/Z V