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HomeMy WebLinkAbout(0087) ZC-21-124Date: October 12, 2021 Case Number: ZC-21-124 Zoning Map Amendment Case Manager: Sarah Bergman Owner/Applicant: Los Cazadores Holding, LLC / Matthew Williamson Site Location: 3748 Basswood Boulevard Acreage: Request Proposed Use: Penny Paws Animal Clinic Request: From: "E" Neighborhood Commercial Council District: 4 0.9 acres To: Add Conditional Use Permit for indoor veterinary clinic with outdoor exercise yard Land Use Compatibility: Comprehensive Plan Consistency: Staff Recommendation: Zoning Commission Recommendation: 1. Proiect Description and Background Recommendation Requested change is compatible. Requested change is consistent. Approval with consideration of a 3-5 year time limit Approval with 5-year time limit Table of Contents 2. Surrounding Zoning and Land Uses 3. Recent ZoningHistorX 4. Public Notification 5. Development Impact Anal a. Land Use Compatibility b. Comprehensive Plan Consistency c. Site Plan Comments 6. Area Zoning Map with 300 ft. Notification Area 7. Site Plan 8. Area Map 9. Future Land Use Map 10. Aerial Photograph Project Description and Background The subject property is located along the south side of Basswood Boulevard just east of Riverside Drive. The 0.9- acre site is currently vacant and is zoned "E" Neighborhood Commercial District. The applicant is proposing to add a Conditional Use Permit (CUP) overlay in order to allow development of an indoor veterinary clinic with an outdoor play area, listed as Penny Paws Animal Clinic on the zoning change application. The zoning ordinance classifies veterinary clinics in two groups: those with indoor kennels and those with outdoor kennels. Veterinary clinics with outdoor kennels are only permitted by right in industrial districts, and they must be located at least 100 feet away from any residential use. Veterinary clinics with indoor kennels are permitted in all commercial and industrial districts other than the "ER" Neighborhood Commercial Restricted District. However, Ordinance Section 5.142(a) states that veterinary clinics, including dog and cat hospitals and associated indoor kennels, may be permitted in commercial districts, subject to the following conditions: 1) The entire business must be conducted wholly within a completely enclosed sound -proofed and air- conditioned building. 2) Noise and odors created by activities within the building shall not be perceptible beyond the property line. 3) No animals shall be kept outside the building at any time. While veterinary clinic with indoor kennels is an allowed land use on the subject property, the applicant is requesting to vary from requirement three (3) above by including a fenced outdoor exercise yard as part of their site plan. The site plan submitted for this Conditional Use Permit request is attached, and it specifies that: 1) No permanent kennels will be located outside. 2) The fenced area shall be for animal walking only. No animals shall stay outside overnight or be left unattended. 3) All animals will be supervised within confines of the fenced yard area. 4) Business hours shall be 8:00 am to 6:00 pm on Monday — Friday, and 8:00 am to 5:00 pm on Saturday. The subject property fronts Basswood Boulevard, which is designated as an arterial roadway on the Master Thoroughfare Plan (MTP). Immediately to the south of this site are single-family dwellings on properties zoned "A-5" One -Family. Due to this proximity to a residential zoning district, a 20-foot supplemental building setback and 5-foot landscaped buffer yard with screening fence are required along the southern property line. All of these items are depicted on the site plan. In addition, the veterinary clinic building is shown to be setback 79.4 feet from the residential lots to the south, and the fenced outdoor play area is shown to be 45 feet away from these lots. 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. Allowing a use by CUP with a site plan may help mitigate any neighborhood 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, a CUP 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 CUP, 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. Ordinance Section 4.407(d) provides the following factors for consideration of appropriateness of a CUP 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 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 (across Basswood Boulevard) "A-5" One -Family / single-family dwellings East "E" Neighborhood Commercial / child care facility (Summerfields KinderCare) South "A-5" One -Family / single-family dwellings West "E" Neighborhood Commercial / gas station and convenience store (7-Eleven) Recent Zoning History • None Public Notification 300-foot Legal Notifications were mailed on August 23, 2021. The following organizations were notified: (emailed August 23, 2021) Or anizations Notified Carriage Hills HOA Summerfields NA* Streams and Valleys Inc Trinity Habitat for Humanity Keller ISD * Located within this registered Neighborhood Association Development Impact Analysis Land Use Compatibility The applicant is requesting to add a Conditional Use Permit (CUP) overlay to the base "E" Neighborhood Commercial zoning of this property in order to allow an indoor veterinary clinic with fenced outdoor exercise yard. Property to the west of this site is vacant and there is an existing gas station and convenience store at the corner of Riverside Drive and Basswood Boulevard. To the east of this site is a KinderCare day care facility that also has an outdoor play area at the rear of the site, adjacent to the residential properties. Properties to the south are developed with single-family dwellings as part of the Regency Place Addition. A landscaped buffer yard, double-faced solid wood screening fence, and increased building setback are being provided in an attempt to mitigate negative impact from noise and odor pollution on the adjacent residential lots. The proposed zoning is compatible with surrounding land uses. Comprehensive Plan Consistency — Far North The 2021 Comprehensive Plan currently designates the subject property as "Neighborhood Commercial" on the Future Land Use Map. This property is already zoned "E" Neighborhood Commercial. Indoor veterinary clinic is an allowed land use in this district and could be constructed by right without the outdoor play area. In addition, Basswood Boulevard is designated as an arterial roadway on the Master Thoroughfare Plan (MTP). The proposed zoning is consistent with the land use designations for this area, and aligns with the following policies of the Comprehensive Plan: • Promote fiscally sustainable growth on the periphery of the city by encouraging development adjacent to existing adequate infrastructure and discouraging leapfrog development. Based on conformance with the policies stated above, the proposed zoning is consistent with the Comprehensive Plan. Site Plan Comments Zoning and Land Use • The site plan as submitted is in general compliance with the Zoning Ordinance regulations Fort Worth Fire Department (FWFD) • Failure to recognize violations of the fire code by the fire code official does not waive the requirement of meeting minimum requirements of the fire code in the future. • It is the applicant's and the owner's responsibility to meet all minimum fire code requirements at all times. Transportation Public Works (TPW) • 6-foot sidewalk required (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.) FORTWORTH. Area Zoning Map Applicant: Los Cazadores Holding LLC Address: 3748 Basswood Boulevard Zoning From: E Zoning To: Add Conditional Use Permit for outdoor kennels Acres: 0.90079388 Mapsco: 35V Sector/District: Far North Commission Date: 9/8/2021 Contact: null ZC-21-124 #R17 3627 3626 5629 3699 L 7425 rngd r421 __29 7�8 3717 3716 9724 g7� 3�g . E OI)IAK W 7 7217 7d25 7421 7425 7d2i 7d21 rti 9 MSUTTER ti W 7416 Z:TPj7t2] 7d17 tuLL V�y,�.iO 7412 7417 ; 741a PO7d03 cn 7413 7412 732a 7324 7320 7321 7916 7317 7312 7313 3603 s 7508 73},i 7304 7305 7301 3WIQE IL 7217 LLr 7216 } 7213 7212 3 M 722a 7209 't o V) 721: 721:+ 721:, 7212 Subject Area �,,., 72} as 31..' 72CM ® 300 Foot Notification 7xa4 `11, `112 21 3726 3729 0 100 200 400 Feet Created: 8/ 13/2021 11:15:19 A M MUTUAL ACCESS EASEMENT DOC. NO. D21285664 BENCHMARK No-1 BOX CUT ON CENTER OF 5 CURB INLET LOCATED ON THE WEST SIDE OF 7 ELEVEN PARKING LOT +/- 100' SOUTH OF BASSWOOD STORM DRAIN MANHOLE TOP=627.09 36" RCP FL=622.48 CD W LOT 41R1, BLOCK 91 PHASE VI, SECTION 1A SUMMERFIELDS ADD. FILE NO. D212137516 C]SL SAD STORM DRAIN MANHOLE TOP=628.27 36" RCP FL=622.45 r— II II II 36" RCP JI FL — 622.54 f 12" RCP ss FL = 622.32 LOT 21 N — — \N — — EXISTING 16' CONCRETE — W — WATER LINE (PUBLIC) W — X-9266 2 —W W— W— _ — f000e SCALE IN FEET -0-100 1 I 0 15 30 I BASSWOOD BOULEVARD I 120'RIGHT OF WAY — DIVIDED CONCRETE PAVING to N90'00'00"E 65.24' 36.81' S89'45'11 "W 24' ACCESS EASEMENT DOC. NO. D220113517 SO CURB INLET RIM=627.34f 12-INV=622.96(S) 36 I SHUMARD OAK I iiIN 0 0) ui LOT 41R2-1, BLOCK 91 o N SUMMERFIELDS PHASE VI, SECTION 1A Z 0.780 ACRE FS-20-053 FILE NO D220113517 DRTCT 11.2' CURRENT ZONING: E NEIGHBORHOOD COMMERCIAL 3724 BASSWOOD BLVD VACANT LAND NEIL COMMERCIAL LLC _ 142.88' N8 '42'00" 5' UTILITY EASEMENT CA. 388-142, SL 56 PRTCT LOT 20, BLOCK 1 REGENCY PLACE ADDITION 3764 REGENCY CIRCLE MARY HUANG WANG #D128460492 NOTES L LOT 19, BLOCK 1 REGENCY PLACE ADDITION 3764 REGENCY CIRCLE HAI DAO # D207290570 BLOCK 1 REGENCY PLACE CAB A, SL 2703 ?4' ACCESS EASEMENT DOC. NO. DI220113517 1 x CONCRETE PAVING CRAPE MYRTLE ONE-STORY 4,008 SF ANIMAL CLINIC CURRENT ZONING: E NEIGHBORHOOD COMMERCIAL MIN. FFE = 628.51 6' WOOD FENCE 58.6' 10' PRIVATE DRAINAGE EASEMENT FILE NO. D212185663 )K DUMPSTER ENCLOSURE MASONRY FINISH i SHARED ACCESS AGREEMENT VOL. 15094, PG 186 SHUMARD OAK LOT 42, BLOCK 91 PHASE VI, SECTION 1A SUMMERFIELDS ADD. CAB 388-175, PG. 97 SUMMERFIELDS KINDERCARE N CURRENT ZONING: E w NEIGHBORHOOD COMMERCIAL 3800 BASSWOOD BLVD KCP RE, LLC INST. #D2151711668 €' SHUMARD OAK 20' BUFFERYARD DESIGN 6' DOUBLE FACED WOOD FENCE 5' ORNAMENTAL SHRUBS/25 LINEAR FT WAX MYRTLE & PAMPAS GRASS 15' SEWER ESEMENT ❑p Ivoa IFL uu rr FILE N0. D212137516 20'x3O' ESEMENT PRTCT CAB. A, SL 2703 10'x10' UTIL. EASEMENT 6' HIGH, DOUBLE FACED SOLID CAB A, SL 2703 WOOD SCREENING FENCE ALL LOT 18, BLOCK 1 LOT 17, BLOCK 1 ALONG SOUTH PROPERTY. REGENCY PLACE ADDITION REGENCY PLACE ADDITION 20' 3764 REGENCY CIRCLE 3764 REGENCY CIRCLE DRAINAGE & UTILITY EASEMENT JERRY TOOMBS PRAM CAB. A. SL 2703 # D215262033 # D216129663 29663 LOT 16, BLOCK 1 REGENCY PLACE ADDITION 3760 REGENCY CIRCLE MONICA M HARPER INST. # D206012835 1. NO PERMANENT KENNELS WILL BE LOCATED OUTSIDE. 2. FENCED AREA SHALL BE FOR ANIMAL WALKING ONLY. NO ANIMALS SHALL STAY OUTSIDE OVERNIGHT OR BE LEFT UNATTENDED. 3. ALL ANIMALS WILL BE SUPERVISED WITHIN CONFINES OF THE FENCED YARD AREA. 4. BUSINESS HOURS SHALL BE MON—FRI 8AM-6PM, SAT 8AM-5PM. 5. PROJECT WILL COMPLY WITH SECTION 6.301, LANDSCAPING. 6. PROJECT WILL COMPLY WITH SECTION 6.302, URBAN FORESTRY. 7. ALL PROVIDED LIGHTING WILL CONFORM WITH LIGHTING CODE. 8. ALL SIGNAGE WILL CONFORM WITH ARTICLE 4, SIGNS. PROPOSED BUILDING STORIES GROSS AREA EXTERIOR FINISH PR(1_IP:rT VICINITY MAP NOT TO SCALE REQUESTED WAIVERS 5.142 VETERINARY CLINIC SECTION 5.142.A.3 NO ANIMALS SHALL BE KEPT OUTSIDE THE BUILDING AT ANY TIME OWNER INFORMATION DESCRIPTION: LOT 41R2-2, BLOCK 91, SUMMERFIELDS PHASE VI, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS. (DOC. NO. D220113517 P.R.T.C.T.) ZONING; E NEIGHBORHOOD COMMERCIAL AREA: 0.900 Ac OWNER: LOS CAZADORES HOLDINGS, LLC 10330 KOTZEBUE ST SAN ANTONIO, TX 78217 ROB FRANKLIN 817-946-2796 (INST. NO. D2201296690 D.R.T.C.T.) NOTES TOTAL AREA TO BE REZONED: 39,207 SF 0.90 ACRES CURRENT LAND USE: VETERINARY CLINIC PROPOSED LAND USE: VETERINARY CLINIC W/ ENCLOSED OUTDOOR AREA REQ. SETBACK: 5 FT FRONT 3' SIDE YARD IF PROVIDED REQ. BUFFERYARD: 20 FT SUPPLEMENTARY REQ. PARKING: 1 SPACE/250 SF + # EMPLOYEES/4 3810 SF/250 + 20/4 = 21 SPACES PROVIDED PARKING: 30 SPACES NO EXTERNAL AC UNITS ON PROPERTY DIRECTOR OF DEVELOPMENT SERVICES DATE 1 (t10' TOP PLATE) SF BRICK AND STONE 3748 BASSWOOD BOULEVARD BRIC LOT 41 R2-2, BLOCK 91 SUMMERFIELDS PHASE VI, SECTION 1A ZONE CASE # ZC-21-124 ► uW� ,IRI1OM ti C'7 X Z Q I- O Q U O� U - U�J Z Lu < _j Q U>O ILL _jLu 0� Z 00U)0 a_QN=Q LU � u) W 0 < QzO-m Z O LLI ~ 0- 2iO 0 Z C G O uQ 00 00 ti w Q 0 z O F- 0- Of U (N W m O Z ENGINEER:M.WILLIAMSON ICENSE NO:119947 SCALEAS SHOWN PROJECT NO: ;HEET 1 OF FORTWORTH. Area Map 11 lull worn arra -� ZC-21-124 I f_ Haltom City r N 0 1,000 2,000 4,000 Feet Created: 8/ 13/2021 11:18:0 5 A M FORTWORTH® ZC-21-124 Future Land Use L LU a BASSWOOD BASSWOOD w LU TOLLWAY/FREEWAY Institutional PRINCIPALARTERIAL Neighborhood Commercial SPRI MAJORARTERIAL IM General Commercial + DE MINOR ARTERIAL Light Industrial tiacant, Undeveloped, Agricultural Heavy Industrial Rural Residential Mixed -Use Suburban Residential Industrial Growth Center Single Family Residential Infrastructure Manufactured Housing ( i a 100 Year Flood Plain - Low Density Residential Public Park, Recreation, Open Space - Medium Density Residential Private Park, Recreation, Open Space - High Dens ity Residential Lakes and Ponds 120 60 0 120 Feet N A Comprehensve Plan shall not constitute zoning regulators or ashxa lablis-ning district boundaries. (Tens Local Government Code, Section 213.005.) Land use designations were approved by Coy Council on March 6, 2018. Created: 8/13/2021 11:17:03 AM o � a i a - I �k _ r y k � N 0 75 150 300 Feet _ I 1