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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 I BI a CLARKE ?:• 1200 1204 W 1212 " " 1216 12c3 1221 122C 1300 1 n 7. 1 1313 1 " 1317 1 13M 1321 1325 1325 1 1 r 1 1401 10a!! 7A0y 3858 1405 1405 14-J; 4 7 ZC-21-038 1000 855 855 1000 361'7 PD 666 p 3707 3M7 R 3707 3707 3715 3707 3707 7757715 3707 3707 J779 . 3112 371266 x' 1400 idOg 1412 3051 3816 t;51 02= cam 3655 -5DD i3)3 A-5D[ - Subject Area ?25? D4,5 hA_ 3821 ® 300 Foot Notification 3 37 3833 151a 3333 2 0 90 180 360 Feet Created: 3/15/2021 4:23:58 PM ZONED "A-5" LOT 15 HENRY ADAM 1305 MADELINE PL 35' ZONED "A-5" LOT 14 LEONARD, JOHN Z. 1309 MADELINE PL M Uj `p a� L M r-i O o O ZONED "A-5" LOT 13 APPOLONIO, VINCENT M. 1317 MADELINE PL 8' SINGLE SIDED WOODEN FENCE ZONED "A-5" LOT 12 O'HARA, PHILIP GORDON 1319 MADELINE PL ZONED "A-5" LOT 11 LEE, GRACE / 1321 MADELINE PL / EXISTING FENCE 20' PERIMETER AREA TO BE GRASSED 20' b 1 0 N U_ 0 X X O • N 0 ZONED "A-5" LOT 8 MJBW TEXAS RE LLC 1304 DOROTHY LN • 8' SINGLE SIDED WOODEN FENCE 056'031 150. 20' SETBACK_ LIMITS OF GRAVEL SURFACE 7777 u 20' PERIMETER AREA TO BE GRASSED EXISTING PAVEMENT O FICE PARKI G 4� AREA TO BE GRAVEL SURFACE to I0C 00 W IM I� 0 O LU U his LL D V W a I a W (D _ U_ CD O N 20' 50' RIGHT-OF-WAY EXISTING DRIVEWAY (NO CONTRACTOR TRAFFIC) LU z Q J 0 o 0 � HAMILTON 9� 4TH o Q = J J J RIV R CREST C TRY O ai p U m O c us 1 O a O z Q W TH m W 7TH 0 It a MODLIN LINT HSC MATTISOII BUNTI G W CLA KE w CP� J � a uJ W o > W Q m U U � ITE �vVSP CRESTLINE a U W WASHB RN p w z Uj w u) HARLEY 0 m LL LAFAYE FAY TTE DEXTER = U) w O Q BRYCE BRYCE 1- 0� U 0 O BYERS z W Of Q W0 'I VICINITY MAP NOT TO SCALE ZONED "PD 1289" BOWIE PLACE LEGEND PROPERTIES LLC PROPERTY LINE 3736 CAMP BOWIE BLVD. EXISTING RIGHT OF WAY EXISTING PAVEMENT I , 8' TEMPORARYPERII T1 ETER PROPOSED ZONING SCREENING FENCE m "ER CUP" ��, 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) �G�PJ PERIMETER / Hours of Operation See General Notes* O� „ S�c� AREA TO BE 24' GATED OFFICE ENTRANCE (EXISTING DRIVEWAY) EXISTING - DRIVEWAY 20' 00001< PERIMETER / AREA TO BE / GRASSED / lop GRASSED ♦ ♦ soo P� ♦ 123 2 n�� I. 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® ZC-21-038 Area M a p REffiffi=1 9 WLlL7L�UlLL Lill � 4, � � Ly.�[lli � r . flg Council Districts 2 -Carlos E. Flores r t "r<:rii) 1 3 -Michael D. Crain •. ��� � ,� _ -- r � { 4-Cary Moon t ,. } ��� sae �r��f;• 5-GynaBivens ® ry// 6 - Jared Williams 7-Leonard Firestone ®®®� 8-Chris Nettles 9-Elizabeth M. Beck Overlay Districts mill ® Airport Overlay District �®�® �®�� •Y I....� ..+� 1-35W TU PERIPHERAL U111M® DESIGN DISTRICT H 30 CONSERVATION DISTRICT wl Noise Contours DECIBEL — 65 70 ff7,,. 4 M 75 80 85 F A MM 0 1,000 2,000 4,000 Feet Created: 7/ 16/2021 12:28:15 P M LLJ z J LU Q FORT WORTH. "M Future Land Use ram' P' 1 1_' 09 r� TOLLWAY/ FREEWAY Institutional PRINCIPALARTERIAL Neighborhood Commercial MAJORARTERIAL General Commercial MINORARTERIAL Light Industrial tiacant, Undeveloped, Agricultural Heavy Industrial Rural Residential Mixed -Use Suburban Residential Industrial Growth Center Single Family Residential Infrastructure Manufactured Housing ® 100 Year Flood Plain - Low Density Residential Public Park, Recreation, Open Space - Medium Density Residential Private Park, Recreation, Open Space - High Density Residential Lakes and Ponds 80 40 0 80 Fe et ZC-21-038 0 0 0 N 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