HomeMy WebLinkAbout(0017) ZC-21-038FORTWORTH
City Council Meeting Date:
August 3, 2021
Case Number ZC-21-038
ZONING MAP CHANGE
STAFF REPORT
Council District 7
Zoning Commission Recommendation:
Approval, based on revised site plan, by a vote of 9-0
Opposition: 1 person spoke, 2 letters
Support: 1 person spoke, 1 letter
Letters of neither support nor opposition: North
Hi Mount NA, Arlington Heights NA
Owner/Applicant: MJBW RD LLC
Site Location: 3800 Camp Bowie Blvd.
Continued
Case Manager
Surplus
Council Initiated
Proposed use: Temporary Construction Office
Request: From: "ER" Neighborhood Commercial Restricted
Yes _ No X
Monica Lafitte
Yes _ No X
Yes _ No X
Acreage: 0.433 acre
To: Add Conditional Use Permit (CUP) for temporary construction offices for duration of
24 months on an auxiliary lot; site plan included
Land use Compatibility: Requested change is compatible.
Comprehensive Plan Consistency: Requested change is consistent.
Staff Recommendation: Approval for a 2 year period
Background:
The staff report written for the April 14 Zoning Commission meeting recommended denial of the case,
based on lack of conformance of the site plan to the zoning requirements. However, the applicant
submitted a modified site plan to staff the day before zoning commission and staff agreed to support the
new version of the site plan. Zoning Commission therefore made their recommendation of approval based
on the new site plan, as presented at the Zoning Commission hearing April 141h. This staff report has
been adjusted to reflect the new site plan.
The subject property is located at the northwest corner of Camp Bowie Boulevard and Dorothy Lane, less
than a quarter mile west of the intersection of Camp Bowie Boulevard and Montgomery Street. The site is
currently zoned "ER" Neighborhood Commercial Restricted; the applicant is requesting to add a
Conditional Use Permit (CUP) for temporary offsite contractor offices and trailers. The CUP is requested
for a 24 month period during the construction of the Bowie House Hotel across Dorothy Lane.
Construction office trailers are typically allowed in the "ER" district when the trailer is located at the same
site where the construction is occurring. In this situation, however, the construction trailers are on a
different site; the construction is occurring across Dorothy Lane. The construction offices will serve the
Bowie House Hotel and Townhomes project to the east, which was approved in December 2020 as
Page 1 of 5
PD1222. The applicant stated the construction site does not have room to house the construction trailer
and therefore 3800 Camp Bowie Boulevard is being leased in order to have the construction office trailers
nearby. Because the construction office trailers will not be on the same site where the construction is
taking place, the trailers are functioning as the primary use of 3800 Camp Bowie; construction office
trailers are only allowed in "ER" as an accessory use, and therefore this situation necessitates the CUP.
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.
As the construction offices are located across the street from where the construction is taking place, the
offices are considered the primary use of the site. Construction trailers are only allowed in "ER" as an
accessory use to the construction occurring at the same site. Because the trailers are functioning as the
sole use for this site, which is not permitted in the "ER" zoning district by right, allowing it by CUP with a
site plan and a time limit may help mitigate any concerns, as well as give options for the CUP to be
revoked in the event of code violation convictions.
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.
Below is a table showing the "ER" district regulations and the proposed "ER/CUP" regulations.
Page 2 of 5
Regulation
"ER"
"ER/CUP" Site Plan
Business Size
5,000 SF max
Provided 3025 SF
Setbacks
Front Yard
(Camp Bowie
20'
20' Provided
Projected Front Yard
(along Dorothy Lane
20'
20' Provided
Northern Property Line
Supplemental Setback
20'
20' Provided
Western Property Line
(Supplemental Setback)
20'
20' Provided
Parking
Type of Vehicle
4.900(d)(1)a.
Due to the nature of this
Limited to passenger automobiles only.
use for construction office
trailers to support the
construction occurring
across the street, it is to
be assumed that
construction vehicles
may park on this site;
This will be allowed.
Location
4.900(d)(1)b.1.
No parking in projected front yard along
Dorothy Lane; Remainder of yard must
Meets requirements; no
be landscaped
parking shown in front
yards or setbacks
No parking allowed in the 20' setback
along the North property line; shall not be
raveled or paved
Front yard surface
4.900(d)(1)b.2.
Meets requirements; 20'
(along Dorothy Lane and
The required front yard shall not be
perimeter area to be
along Camp Bowie)
graveled or hard -surfaced, but shall be
grassed
maintained as open or landscaped green
space.
Landscaping
Not required for construction trailers per
Not provided
6.301 1
Urban Forestry
Not required for construction trailers per
Not provided
6.302(c)(1)
Bufferyard (along north and
S width with minimum of 25 points from
Meets requirement; 8'
west property lines)
table in 6.300(g) — Combination of solid
single sided wood fence
wood/masonry screening fence plus
with additional distance
plantings
of grassed area
Fence
5.305(b)(1)
Meets requirement; no
No fence in required front yard (along
fences will be in front
Dorothy and Camp Bowie)
yards
Site Information;
Surrounding Zoning and Land Uses:
North "A-5" One -family / residential
East "PD1289" PD/C for "C" Medium Density Multifamily plus boutique hotel with development
standards / currently vacant, will be construction for hotel and townhomes
South "F" General Commercial / commercial
Page 3 of 5
West "A-5" One -family / residential
Zoning History: ZC-20-040 ; from "A-5" , "F", and "PD1222" to "PD/C" for medium density
multifamily plus boutique hotel with development standards ; directly east of
subject lot; effective 12/23/2020
ZC-19-138 ; from "ER" to "C" ; subject site ; Withdrawn
ZC-18-145 ; from "PD 1073 for PD/E for bank and office use" to "PD/C" ; directly
east of subject lot ; effective 12/20/2018
ZC-15-151 ; from "A-5" and "C" to "PD/E for office and bank use only"; directly
east of subject lot ; effective 12/15/15
ZC-14-058 ; from "A-5", "C", and "F" to "PD/E plus bar" ; directly east of subject
lot; Denied 6/3/14
ZC-14-006 ; from "A-5" ro "PD/MU-1" ; directly east of subject lot; Withdrawn
ZC-09-116 ; City initiated rezoning of large area south of Camp Bowie bound by I-
30 on south, Montgomery Street on east, Merrick Street on west ; from various to
various ; Withdrawn
ZC-07-152 ; from "C" to "E" ; two blocks west along Camp Bowie; Denied
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 March 26, 2021.
The following organizations were notified: (emailed March 15, 2021)
Organizations Notified
Westside Alliance
North Hi Mount NA*
Arlington Heights NA
Monticello NA
Crestline Area NA
Streams And Valleys Inc
Trinity Habitat for Humanity
Cultural District Alliance
Camp Bowie District, Inc
Fort Worth ISD
*Located within this registered Neighborhood Association
Development Impact Analysis:
1. Land Use Compatibility
The applicant is proposing to change the zoning to add a CUP for temporary construction offices,
with a number of development standards, for a duration of 24 months. Surrounding uses are
primarily residential and commercial.
With the way the site plan has been revised to comply with the "ER" requirements, the site is
compatible with surrounding land uses.
2. Comprehensive Plan Consistency —Arlington Heights
The 2021 Comprehensive Plan designates the subject property as Neighborhood Commercial.
The Condition Use Permit is temporary and is only requested for a 24 month period. The CUP
acts as an overlay; when the CUP expires, the zoning of the site returns to the standard "ER"
Neighborhood Commercial Restricted. Because the use of this property is meant to support the
development occurring to the east, the proposed use meets the below policy within the
Comprehensive Plan:
• Stimulate the redevelopment of the Camp Bowie Boulevard, West 7th Street, White
Settlement Road, and Vickery Boulevard/Lovell Avenue commercial, mixed -use, and urban
residential districts.
Page 4 of 5
Additionally, the Comprehensive Plan allows for commercial in this location. If there was
construction occurring on site, the construction trailers would be allowed by right. Because there
is no development on site, the construction office trailers need a CUP. The CUP does not go
against the Comprehensive Plan.
Based on conformance with the policy stated above, the proposed zoning is consistent with the
Comprehensive Plan.
2018 Economic Development Plan Consistency
Use appropriate incentives to promote development of vacant land and redevelopment or
reuse of deteriorated properties within designated commercial districts.
Attachments:
• Area Zoning Map with 300 ft. Notification Area
• Site Plan
• Area Map
• Future Land Use Map
• Aerial Photograph
Page 5 of 5
FORT WORTH.
Area Zoning Map
Applicant:
MJBW RD LLC
Address:
3800 Camp Bowie Boulevard
Zoning From:
ER
Zoning To:
ER plus CUP for temporary construction office
Acres:
0.42586462
Mapsco:
75D
Sector/District:
Arlington Heights
Commission Date:
4/14/2021
Contact:
817-392-2806
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Created: 3/15/2021 4:23:58 PM
ZONED "A-5"
LOT 15
HENRY ADAM
1305 MADELINE PL
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LEONARD, JOHN Z.
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APPOLONIO, VINCENT M.
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ZONED "A-5"
LOT 12
O'HARA, PHILIP GORDON
1319 MADELINE PL
ZONED "A-5"
LOT 11
LEE, GRACE /
1321 MADELINE PL /
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MJBW TEXAS RE LLC
1304 DOROTHY LN
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NOT TO SCALE
ZONED "PD 1289"
BOWIE PLACE LEGEND
PROPERTIES LLC PROPERTY LINE
3736 CAMP BOWIE BLVD.
EXISTING RIGHT OF WAY
EXISTING PAVEMENT
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PROPOSED ZONING SCREENING FENCE
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D srn I SITE DATA
Site Acreage ±0.433 Acres
LOTS 9-10 Existing Land Use vacant
MJBW TEXAS RE LLC / / Current Zoning "ER" Neighborhood Commercial
3800 CAMP BOWIE BLVD. / Restricted
AREA TO BE (0.433 AC.) / / Proposed Land Use "ER CUP" Conditional Use Permit
GRAVEL / Building Area 2,705 Sf.
SURFACE
20' / Parking Provided 6 Spaces (incl. 1 HC)
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PERIMETER / Hours of Operation See General Notes*
O� „ S�c� AREA TO BE
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OFFICE ENTRANCE
(EXISTING DRIVEWAY)
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AREA TO BE /
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EXISTING TREE
TO BE PROTECTED
OWNER:
MJBW Texas RE, LLC
301 Commerce St., Suite 1900
Fort Worth, TX 76102
ENGINEER / PLANNER / SURVEYOR
Dunaway Associates
550 Bailey Ave., Suite 400
Fort Worth, TX 76107
EXISTING
MEDIAN OPENING
GENERAL NOTES:
1. ALL LIGHTING PROVIDED WILL CONFORM TO THE LIGHTING CODE. EXISTING LIGHTING IS
DIRECTED AWAY FROM THE "A" ZONED AREAS.
2. THIS SITE PLAN IS EXEMPT WITH LANDSCAPING REGULATIONS, 6.301.
6.301.G.1 EXEMPTIONS FROM LANDSCAPE REQUIREMENTS. THE FOLLOWING ARE NOT
SUBJECT TO THESE LANDSCAPE REQUIREMENTS: (1) STRUCTURES THAT DO NOT CREATE
OR EXPAND BUILDING SQUARE FOOTAGE AND TEMPORARY STRUCTURES SUCH AS JOB
SHACKS ASSOCIATED WITH CONSTRUCTION ACTIVITIES.
3. THIS SITE PLAN IS EXEMPT FROM URBAN FORESTRY, 6.302.
4. PERIMETER 20' TO BE GRASS, ALL OTHER AREAS TO BE GRAVEL SURFACE.
5. THIS SITE PLAN WILL COMPLY WITH SIGNAGE REGULATIONS, CHAPTER 6, ARTICLE 4.
ZC-21-03 8
DIRECTOR OF PLANNING AND DEVELOPMENT
DATE
TEMPORARY CUP: 24 MONTH
CONSTRUCTION TIME PERIOD
NORTH
GRAPHIC SCALE
0 10 20
1 inch =10'
"CUP" SITE PLAN
TEMPORARY
OFFSITE CONTRACTOR
OFFICES & TRAILERS
FOR THE
BOWIE HOUSE HOTEL
0.433 ACRES
LOTS 9-10, BLOCK 2
MATTISONS ADDITION
VOL. 310, PG. 47 P.R.T.C.T.
April 12, 2021
ADUNAWA
v
550 Bailey Avenue • Suite 400 • Fort Worth, Texas 76107
Tel: 817.335.1121
(TXREG. F-1114) DA 13005619.02
FORTWORTH®
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MAJORARTERIAL
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MINORARTERIAL
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Heavy Industrial
Rural Residential
Mixed -Use
Suburban Residential
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100 Year Flood Plain
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Low Density Residential
Public Park, Recreation, Open Space
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ZC-21-038
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A Comprehensive Plan shal not constitute zoning regulations or
as tab is hzoning district bow dad as. (Texas Local Government Code,
Section 213.005.) Land use designationswers approved
by City Council on March 6, 2018.
Created: 3/15/2021 4:24:37 PM
FORTWORTH.
ZC-21-038
Aerial Photo Map
50 100 200 Feet I