HomeMy WebLinkAbout(0123) ZC-21-086 (2)Case Number
FORTWORTH
ZONING MAP CHANGE
STAFF REPORT
City Council Meeting Date:
August 24, 2021
Zoning Commission Recommendation:
Approval by a vote of 9-0
Opposition: None
Support: None
Owner/Applicant: Better Place -Bessie LLC
Site Location: 901 Bessie Street
Proposed Use: Four-plex
Request: From: "A-5/HC" Neighborhood Commercial
Council District
Continued
Case Manager
Surplus
Council Initiated
Acreage: 0.12
ZC-21-086
Yes _ No X
Stephen Murray
Yes No X
Yes No X
To: Add Conditional Use Permit for quadraplex in "A-5/HC" One -Family/ Historic and
Cultural Overlay
Land Use Compatibility:
Comprehensive Plan Consistency:
Staff Recommendation.
Requested change is compatible.
Requested change is consistent.
Approval
Background:
The proposed site is located on the corner of Bessie Street and Kentucky Avenue. The applicant is
requesting to add a Conditional Use Permit (CUP) to allow for a quadplex; site plan included. The
proposed use is existing but has fallen under disrepair. The applicant recently purchased the property
and submitted permits to bring the site back into conformance with building code, in order to rent out the
units. The building permit was approved, however, the existing zoning is A-5 and doesn't allow for the use.
Staff reviewed for legal nonconforming and was unable to establish that there had not been a vacancy of
more than two (2) years. As a result, the applicant is required to amend the zoning to complete the
proposed rehabilitation of the structure and make the site conforming to zoning.
The primary concern of the historic district is to preserve the overall character, identity and presence of
the Terrell Heights neighborhood. Buildings, sites and other features that comprise the setting help create
the identity and character of a neighborhood, and therefore, the following actions shall require review by
the Historic and Cultural Landmarks Commission or the Historic Preservation in order to receive a
certificate of appropriateness prior to the issuance of any permits. When reviewing work proposed related
to non-contributing structures, the intent is to assess the effects of the change on the character and
integrity of the historic district, rather than the structure itself.
Page 1 of 3
On October 29, 2020, Preservation Staff issued a Certificate of Appropriateness to replace vinyl windows
in -kind; install compatible new doors; replace the roof in -kind; and repair siding on the non-contributing
structure.
The Terrell Heights neighborhood was created in the earliest years of automobile use, and therefore the
presence of driveways and parking areas should be minimal and shall not overwhelm the architecture of
buildings and green space of lawns. It is most appropriate for parking areas to be located in rear yards,
behind buildings, and out of view of the public right of way. The paving of historically landscaped areas of
the yard for parking is not appropriate.
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.
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.
Site Information:
Surrounding Zoning and Land Uses:
North "A-5" One -Family / vacant
East "A-5" One -Family / vacant land, single-family
South "A-5" One -Family / single-family
West "NS-T51" Near Southside T51 / Industrial
Recent Relevant Zoning and Platting History:
Zoning History: ZC-07-183, subject property, from "A-5" One -Family to "A-5/HC" One-
Family/Historic and Cultural Overlay
Site Plan Comments:
The site plan as submitted is in compliance with the Zoning Ordinance regulations.
Page 2 of 3
• Parking should be noted on the site plan and is to be hard surface dust free (parking is not
required within a Historic District)
(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 June 25, 2021.
The following organizations were notified: (emailed June 25, 2021)
Organizations Notified
Fort Worth Downtown Neighborhood
Alliance
United Communities Association of South
Fort Worth
Glenwood Triangle NA
Near East Side NA
Historic Southside NA*
Streams And Valleys Inc
Trinity Habitat for Humanity
Southeast Fort Worth Inc
East Fort Worth Business Association
Near Southside, Inc.
Fort Worth ISD
Located within this neighborhood organization*
Development Impact Analysis:
1. Land Use Compatibility
The applicant is proposing a zoning change to add a CUP to allow for a quadplex in an A-5
zoning district. Surrounding land uses consist of vacant to the north and east with single-family
the south. A large industrial complex is located to the west, across the street, from the proposed
rezoning.
The proposed site was operating as quadplex prior to losing legal nonconforming status. It is also
considered a historic structure. Maintaining the use while bringing it up to code would benefit the
neighborhood by occupying a vacant structure and providing a buffer to more intense uses to the
west.
As a result, the proposed zoning request is compatible with surrounding land uses.
2. Comprehensive Plan Consistency-Southside
The 2021 Comprehensive Plan designates the site as being low density residential. The
proposed zoning is consistent with the Comprehensive Plan.
The proposed rezoning is in conformance with the following future land use 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.
Encourage Urban Residential and Low Density Residential as transitional uses between
Single -Family Residential and high density uses.
Foster the preservation, improvement, and development of affordable rental and
ownership housing in accordance with the City's 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
FORTWORTH.
Area Zoning Map
Applicant:
Better Place - Bessie LLC
Address:
901 Bessie Street
Zoning From:
A-5/HC
Zoning To:
Add Conditional Use Permit for quadraplex
Acres:
0.126263
Mapsco:
77F
Sector/District:
Southside
Commission Date:
7/14/2021
Contact:
817-392-2883
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FORT WORTH.
Area Map
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FORTWORTH. ZC-21-086
Future Land Use
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A Comprehensive Plan shall not constitute zoning regulations or
50 25 0 50 Feet as tab ish zoning district boundaries. (Texas Local Govemment Code,
Section 213.005.) Land use designationswere approved
by City Council on March 6, 2018.
Created: 6/23/2021 8:58:31 AM
FORT WORTH.
ZC-21-086
Aerial Photo Map
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