HomeMy WebLinkAbout(0148) ZC-21-133Date: December 14, 2021
Case Manager: Beth Knight
Case Number: ZC-21-133
Zoning Map Amendment
Owner /Applicant: James Austin Jr./ Yvette Kent
Site Location:
Proposed Use:
Request:
3220 Mitchell Boulevard
Auto Parts Retail Store
To
Land Use Compatibility:
Acreage: 1.08
Request
Council District: 8
Add Conditional Use Permit for Auto Supply Store in `B" Two Family and "E"
Neighborhood Commercial
Recommendation
Requested change is not compatible.
Comprehensive Plan Consistency: Requested change is not consistent.
Staff Recommendation: Denial
Zoning Commission Recommendation:
1. Project Description and Background
2. Surrounding and Land Uses
3. Recent ZoningHistorX
4. Public Notification
5. Development Impact Analysis
a. Land Use Compatibility
Approval by a vote of 5-2 with the condition that all waiver
requests be removed.
Table of Contents
b. Comprehensive Plan Consistency
6. Area Zoning Map with 300 ft. Notification
Area
7. Area Map
8. Future Land Use Map
9. Aerial Photograph
Project Description and Background
The site is located on the northwest corner of Mitchell Boulevard and E. Berry Street, with the Renaissance
shopping center located diagonally across the intersection. Highway 287 is about'/2 mile east of the site, and
Cobb Park is noted less than'/4 mile to the west. The applicant is requesting a zoning change from `B" Two -
Family and "E" Neighborhood Commercial to "E" Neighborhood Commercial and adding a Conditional Use
Permit in order to develop an auto parts retail store; site plan included.
The applicant has applied for the (CUP) Conditional Use Permit to allow this use within an "E" district for an
approximately 7,300 square foot retail building, fronting onto Mitchell Boulevard. Several comparable zoning
requests have been submitted since 2014 on this lot, which have all been denied. Another auto parts store has
been developed generally 700 feet from Highway 287 and is surrounded by other commercial uses. 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 an auto parts store is not permitted in the "E" zoning district by right, allowing one 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. The site is currently a restaurant, that is shown to be demolished on the site plan. The
nearest residential "A-5" district lies along the northern property line, with additional single family residences to
the east and southwest. Because the site is directly adjacent to a single family residential use, a 20 foot
supplemental setback is required. While the site plan shows no development waivers, the monument sign is
shown too close to the northern driveway and must be moved. The site plan continues to need moderate revisions.
The subject site is designated as Neighborhood Commercial because of the surrounding single family homes and
churches, which are lower intensity uses. A medical clinic is located to the southeast of the site. 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.
Surrounding Zoning and Land Uses
North "A-5" One -Family / single-family
East "CF" Community Facilities / church
South "A-5" One -Family and "CF" Community Facilities / single-family and church
West "A-5" One -Family / single-family
Recent Zoning History
• ZC-11-061, southeast of subject, from PD 720 for E uses and PD 721, add land to PD 720, approved;
• ZC-11-074, north, east, south, and west of subject, Council initiated to be in conformance with
Comprehensive Plan, approved;
• ZC-14-151, ZC-17-073, ZC-18-034, ZC-19-158, subject, from B and E to FR (2014), PD for auto parts store
(2017), PD for certain E uses (2018), and E (2019), denied;
• ZC-15-002, east of subject, from PD 720 to add auto parts sales, approved;
• ZC-19-133, east of subject, from A-5 to E, approved.
• Platting History: no preliminary plats within last 10 years.
Public Notification
300-foot Legal Notifications were mailed on October 22, 2021.
The following organizations were notified: (emailed October 22, 2021)
Organizations Notified wdM
The New Mitchell Boulevard NA*
Streams and Valleys Inc.
Glencrest Civic League NA
Trinity Habitat for Humanity
United Communities Association of
South Fort Worth
Fort Worth ISD
East Fort Worth, Inc.
I Southeast Fort Worth Inc
* Located within this registered Neighborhood Association
Development Impact Analysis
Land Use Compatibility
The applicant is requesting to change to zoning of this property from `B" Two -Family and "E" Neighborhood
Commercial to "E" Neighborhood Commercial with a Conditional Use Permit an auto parts retail store.
Surrounding land uses are single family to the north, south, and west, churches to the east and south, and the
Renaissance Square shopping center to the southeast.
The site plan as submitted is not in general compliance with the site plan checklist and the sign regulations.
1. Please differentiate all the landscaped/grassed areas with a different pattern than the pavement. It's hard
to tell how the site has 49% pervious area. The fire lane is the darkest pattern but does not have to be
shown on the CUP site plan.
2. The required screening fence is to be shown on the site starting 60 feet west of the southern driveway
(staying out of the projected front yard) and extending to the northeast corner.
3. Please remove the label "street frontage landscape area" from the southwestern property line. This area
is adjacent to a house, instead of a street.
4. Please correct the spelling of the 20' building setback & landscape buffer along the northwestern side
5. Please remove any trees that are not within the site, as the applicant has no control over whether these off -
site trees are kept or removed.
6. The City Code requires signs to be at least 20 feet from a driveway. Please move the sign the appropriate
distance southward.
7. Double check the zoning of the land use to the southwest. Add back the land uses and zonings of the
surrounding properties to the east and south. The entire drawing can be moved northwest, as only a portion
of the adjacent residential lots needs to be shown.
8. Remove the proposed legal description from the right-hand side of page 1 and add the metes & bounds
legal description of the site plan on a second site plan page, instead of a separate document. The legal
description should reflect the boundaries as they are today. The following items can be removed to
provide more space should the metes & bounds be desired on page 1: plant material schedule, construction
notes, flood plain note, and site general notes.
9. Provide the Zoning case number in the lower right-hand corner of the plan, below the title.
10. Provide signature line labeled: "Director of Development Services" with a "Date" line below, at lower
right-hand corner of the drawing, above the project title.
The proposed zoning request is not compatible with the surrounding land uses being lower intensity single-
family, churches, and a medical clinic.
Comprehensive Plan Consistency — Southeast
The 2021 Comprehensive Plan currently designates the subject property as "Neighborhood Commercial", where
vehicular uses are generally not allowed. (Significant Deviation).
Below is a portion from Chapter 4 Land Use of the Comprehensive Plan.
LAND USE AND ZONI NG CLASSIFICATIONS
CATIONS
LAND USE
Mfthbodwwl Comrrtercial
DEFINITION
Retail. services, offtites and mixed uses sewing daily needs fora local
market area
ZONING
Multifamily Residential, EIS
E_ MU-1
The proposed zoning is not consistent with the land use designations for this area, nor with the following
policies of the Comprehensive Plan:
• Preserve and protect residential neighborhoods from incompatible land uses, disinvestments, encroachment,
speculation, demolition, neglect, and or other negative forces.
• 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.
Economic Development Plan
The 2021 Economic Development Strategic Plan identified four different results to facilitate the success and
growth of Fort Worth:
1. High -wage job growth.
2. A more sustainable tax base, driven less by residential property valuation and more by commercial
and industrial investment.
3. An economy that capitalizes on high -growth businesses and the creative individuals who fuel them,
targeting specific industry classifications.
4. A commitment to "quality of place" throughout the community, including rising home values, new
business startups, reduction of blighted areas, and the emergence of walkable corridors with a
mixture of residential and commercial developments and related amenities.
FORT WORTH.
Area Zoning Map
Applicant:
James Austin Jr.
Address:
3220 Mitchell Boulevard
Zoning From:
B, E
Zoning To:
E plus Conditional Use Permit for auto parts sales
Acres:
1.08085756
Mapsco:
78S
Sector/District:
Southeast
Commission Date:
11/10/2021
Contact:
817-392-8190
ZC-21-133
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® 300 Foot
Notification
0 120 240 480 Fe et
Created: 10/29/2021 2:38A2 PM
PLANT MATERIAL SCHEDULE
TREES
TYPE
QTY.
COMMON NAME
BOTANICAL NAME
SIZE
REMARKS
LO
CE
3
2
Live Oak
Cedar Elm
Quercus virginiana
Ulmus crassifolia
3" cal.
3" cal.
container, 14' ht., 6' spread, 5' clear straight trunk
B&B, 12' ht., 5' spread, 5' clear trunk
SHRUBS
TYPE
QTY.
COMMON NAME
BOTANICAL NAME
SIZE
REMARKS
NPH
MIS
92
10
Needlepoint Holly
Miscanthus
Ilex cornuta
Miscanthus sinensis Adagio'
5 gal.
5 gal.
container grown, 20" ht., 20" spread
container grown, 20" ht., full to base
GROUNDCOVERS
COMMON NAME
BOTANICAL NAME
REMARKS
'419' Bermudagrass
Cynodon dactylon '419'
Solid Sod refer to notes
NOTE: Plant list is an aid to bidders only. Contractor shall verify all quantities on plan. All heights and spreads are minimums.
All plant material shall meet or exceed remarks as indicated. All trees to have straight trunks and be matching within varieties.
CONSTRUCTION NOTES:
1. HANDICAPPED PARKING SIGNS MOUNTED 60" ABOVE GRADE
2. REMOVE EXISTING POLE SIGN.
3. OVERHEAD ELECTRIC SERVICE
4. PRECAST CONCRETE WHEEL STOP WITH ANCHOR ROD AT EACH END
5. BICYCLE RACK U-SHAPE POWER COATED METAL FINISH WITH LOCKING
DEVICE ON CONCRETE PAVING WITH BICYCLE PARKING SIGN
6. MONUMENT SIGN ONLY
7. EXISTING WATER METER
CITY GENERAL NOTES:
1. ALL SIGNS SHALL CONFORM TO THE CITY OF FORT WORTH ARTICLE 4, SIGNS.
2. PROJECT WILL COMPLY CITY OF FORT WORTH LIGHTING ORDINANCE.
ZERO FOOT CANDLE AT PROPERTY LINE.
3. PROJECT WILL COMPLY WITH SECTION 6.301 & 6.302 CITY OF FORT WORTH
LANDSCAPING & URBAN FORESTRY ORDINANCE.
4. THE PROPOSED BUILDING WILL COMPLY "PD" ARCHITECTURAL STANDARDS.
5. THE PROPOSED BUILDING SHALL BE DESIGNED IN COMPLIANCE WITH SOUND
ATTENUATION.
6. ANY BUILDING AND PARKING LOT LIGHTING SHALL BE DIRECTED AWAY AND
DOWNWARD OF ANY RESIDENTIAL DISTRICT.
PROJECT CONTACT LIST
ENGINEER
OWNER/DEVELOPER
TRIANGLE ENGINEERING LLC
JAMES AUSTIN, JR.
1784 W. McDERMOTT DRIVE, SUITE 110
2401 SCOTT AVENUE, SUITE 100
ALLEN, TEXAS 75013
FORT WORTH, TEXAS 76103
CONTACT: KARTAVYA PATEL, P.E.
CONTACT: JAMES AUSTIN, JR.
PHONE: 214-609-9271
PHONE: 817-923-9305
SURVEYOR
BASELINE CORPORATION
1750 SEAMIST DRIVE, SUITE 160
HOUSTON, TEXAS 77008
CONTACT: STEVEN E. WILLIAMS, R.P.L.S.
PHONE: 713-869-0155
FLOOD PLAIN NOTE
THE SUBJECT PROPERTY LIES WITHIN UNSHADED ZONE "X" (DETERMINED
TO BE OUTSIDE THE 0.20% ANNUAL CHANCE FLOODPLAIN) AS DETERMINED
BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY NATIONAL FLOOD
INSURANCE PROGRAM (NFIP) FLOOD INSURANCE RATE MAP NUMBER
48439CO31OK, DATED SEPTEMBER 9, 2009 FOR TARRANT COUNTY, TEXAS AND
INCORPORATED AREAS.
SITE LEGEND
CONCRETE CURB
SAW -CUT LINE
FENCE
FIRE LANE
STRIPING
PARKING SPACES
WHEEL STOPS
HANDICAP LOGO
HANDICAP SIGN
RAMP
TRAFFIC ARROW
DUMPSTER
SANITARY SEWER MANHOLE
SANITARY SEWER CLEANOUT
SANITARY SEWER DOUBLE CLEANOUT
DOMESTIC WATER METER
IRRIGATION METER
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LOT \ 10, BLOCK B LOT 12, BLOCK B LOT 11 BLOCK B
EXISTING LEGEND
3/8" IR FOUND
GAS MARKER
CHAINLINK FENCE
1/2" IR FOUND
Q GAS METER
CONCRETE
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04 IRRIGATION VALVE
COVERED AREA
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LIGHT POLE
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FIRE LANE STRIPE
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HANDICAP SPACE
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CONC. MONUMENT
TILE
BUILDING LINE
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ELECTRIC BOX
WOOD DECK
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WOOD FENCE
FIRE HYDRANT
SOUTHPORT
OPRTCT
ISOUTHPORT
LOT 13, BLOCK B
\ CABINET 388-L, SLIDE 31
\ \ SOUTHPORT
CABINET 388-L, SLIDE 31
SOUTHPORT
P.R.T.C.T.
CABINET 388-L, SLIDE 31
P.R.T.C.T.
CABINET 388-L, SLIDE 31
\ \ P.R.T.C.T.
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OWNER:
OWNER:
OWNER:
LEOBARDO CASTRO
ALBERTO DOMINGUEZ,
WALKER FRANCIE JEAN
OWNER:
MARTINEZ, AND WIFE
SINGLE MAN
PER CENTRAL
HENRY ROBINSON, JR.
\ ANEL MEZA ARROYO
INST.# D218081754
APPRAISAL DISTRICT
INST.# D206322209
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FENCE CORNER • • ' • • • • • • ' • • ' • • • • • B F R
OWNER: P L!n FRONTAL . . . . ..
/ \ LEE ROBINON AND WIFE, ��� "/" • LANDSCAPE
'
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\ VOL. 4574, PG. 935 Q
/ D.R.T.c.T. \ 12' 20' B.S. & L.B. — — — — — SIGN , _
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OWNER: 5' UTILITY EASEMENT
BRYANT SALLYE ANN \ CABINET 388-L, SLIDE 31 7 B F R
\ PER CENTRAL APPRAISAL DISTRICT \ P.R.T.C.T. " / / / , 3 3 0 S F) ::: • • i
(72`'-411 x 1021— 11)146 .
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SIGN
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LOT 6,BLOCK B `�o j / / 12' 12' x 12' (7' HIGH) ••+•••••+•••+"N 3
I..+. . . .•. 00 o II SOUTHPORT "// / STEEL . . .
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l ST.# D205148061 &INST.# ' ' ' ' ' w W
P.R.T.C.T. 7" HACK E / - ............... L
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LOT 5, BLOCK B
SOUTHPORT
CABINET 388-L, SLIDE 31
P.R.T.C.T.
OWNER:
ERNESTO GARCIA AND
IMELDA GARCIA
INST# D208070266
O.P.R.T.C.T.
ZONED: A-5
RESIDENTIAL
9, BLOCK 14
UTHPORT
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INST# D216176376
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O.P.R.T.C.T.
EXISTING
ASPHALT
PAVEMENT
EXISTING
ASPHALT
PAVEMENT
41
EXISTING NO.1 DATE DESCRIPTION
ASPHALT
BERRY STREET PAVEMENT 1111111 1 11-17-2021 1st CITY SUBMITTAL
CABINET 388-G, SLIDE 10
P.R.T.C.T.
80' R.O.W. --__
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VICINITY MAP
N.T.S.
MAPSCO - 78 S
SITE GENERAL NOTES
1. ALL CONSTRUCTION SHALL BE IN STRICT ACCORDANCE WITH THE CITY OR LOCAL
JURISDICTION STANDARDS.
2. THE LOCATION OF UNDERGROUND UTILITIES INDICATED ON THE PLANS IS TAKEN
FROM AS-BUILTS, UTILITY PLANS OR SURVEY. IT IS THE CONTRACTOR'S
RESPONSIBILITY TO MAKE ARRANGEMENTS WITH THE OWNERS OF SUCH
UNDERGROUND UTILITIES PRIOR TO WORKING IN THE AREA TO CONFIRM THEIR
EXACT LOCATION AND TO DETERMINE WHETHER ANY ADDITIONAL UTILITIES OTHER
THAN THOSE SHOWN ON THE PLANS MAY BE PRESENT. THE CONTRACTOR SHALL
PRESERVE AND PROTECT ALL UNDERGROUND UTILITIES. IF EXISTING UNDERGROUND
UTILITIES ARE DAMAGED, THE CONTRACTOR WILL BE RESPONSIBLE FOR THE COST
OF REPAIRING THE UTILITY.
3. WHERE EXISTING UTILITIES OR SERVICE LINES ARE CUT, BROKEN OR DAMAGED, THE
CONTRACTOR SHALL REPLACE OR REPAIR THE UTILITIES OR SERVICE LINES WITH
THE SAME TYPE OF ORIGINAL MATERIAL AND CONSTRUCTION, OR BETTER, UNLESS
OTHERWISE SHOWN OR NOTED ON THE PLANS, AT HIS OWN COST AND EXPENSE. THE
CONTRACTOR SHALL IMMEDIATELY NOTIFY THE ENGINEER AT ONCE OF ANY
CONFLICTS WITH UTILITIES.
4. ALL EXCAVATIONS, TRENCHING AND SHORING OPERATIONS SHALL COMPLY WITH THE
REQUIREMENTS OF THE U. S. DEPARTMENT OF LABOR, OSHA, CONSTRUCTION
SAFETY AND HEALTH REGULATIONS AND ANY AMENDMENTS THERETO.
5. THE CONTRACTOR SHALL RESTORE ALL AREAS DISTURBED BY CONSTRUCTION TO
ORIGINAL CONDITION OR BETTER. RESTORED AREAS INCLUDE, BUT ARE NOT LIMITED
TO TRENCH BACKFILL, SIDE SLOPES, FENCES, DRAINAGE DITCHES, DRIVEWAYS,
PRIVATE YARDS AND ROADWAYS.
6. ANY CHANGES NEEDED AFTER CONSTRUCTION PLANS HAVE BEEN RELEASED, SHALL
BE APPROVED BY THE CITY ENGINEER. THESE CHANGES MUST BE RECEIVED IN
WRITING.
7. THE CONTRACTOR SHALL PROVIDE "RED LINED" MARKED PRINTS TO THE ENGINEER
PRIOR TO FINAL INSPECTION INDICATING ALL CONSTRUCTION WHICH DEVIATED FROM
THE PLANS OR WAS CONSTRUCTED IN ADDITION TO THAT INDICATED ON THE PLANS.
8. ALL CURB RADIUS TO BE 10' OR 2' UNLESS OTHERWISE NOTED ON THE SITE PLAN.
SITE DATA SUMMARY TABLE
SITE ACREAGE:
1.081 ACRES (47,083 S.F.)
ZONING:
CUP-E-SPECIFIC USE
PROPOSED USE:
AUTOMOTIVE PARTS STORE
BUILDING AREA:
7,330 S.F.
NUMBER OF STORIES:
1
BUILDING HEIGHT:
30'-0"
BUILDING COVERAGE:
15.5%
FLOOR AREA RATIO:
0.15
IMPERVIOUS AREA:
23,619 S.F. (50.2%)
PERVIOUS/LANDSCAPE AREA:
23,464 S.F. (49.8%)
REGULAR PARKING REQUIRED:
4 SPACES PER 1,000 S.F.
29 SPACES
REGULAR PARKING PROVIDED:
27 SPACES
HANDICAP PARKING REQUIRED:
2 SPACES (1 VAN ACCESSIBLE)
HANDICAP PARKING PROVIDED:
2 SPACES (1 VAN ACCESSIBLE)
TOTAL PARKING PROVIDED:
29 SPACES
SITE PLAN - OPTION 3
O'REILLY AUTO PARTS
3220 MITCHELL BOULEVARD
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
SOUTHPORT RETAIL ADDITION - LOT 1, BLOCK 1
�`� �ANGLE
ENGINEERING LLC
T: 469.331.8566 1 F: 469.213.7145 1 E: info@triangle-engr.com
W: triangle-engr.com 10: 1784 W. McDermott Drive, Suite 110, Allen, TX 75013
Planning I Civil Engineering I Construction Management
P.E. DES. DATE SCALE I PROJECT NO. SHEET NO.
BY
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MLM
11-17-21
SCASEEBAR
142-21
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TX. P.E. FIRM #11525
oma
FORTWORTH®
ZC-21-133
Future Land Use
CO
THANNIS H
Uj
TH
NNICH
BURTON
BURTON
w
t�
u
m
TOLLWAY / FREEWAY
Institutional
PRINCIPALARTERIAL
Neighborhood Commercial
MAJORARTERIAL
General Commercial
MINORARTERIAL
Light Industrial
vacant, Undeveloped, Agricultural
Heavy Industrial
Rural Residential
Mixed -Use
Suburban Residential
Industrial Growth Center
Single Family Residential
Infrastructure
Manufactured Housing
ez
100 Year Flood Plain
Low Density Residential
Public Park, Recreation, Open Space
VAIRE
-
Medium Density Residential
Private Park, Recreation, Open Space
-
High Density Residential
O
Lakes and Ponds
190 95 0 190 Feet
N
A Comprehensive Plan shaA not constitute zoning regulations or
astabl is h z on ing district boundaries. (Texas Loca l Government Code,
Section 213.005.) Land use designations wereapproved
by Cfly. CouncH on March 6, 2018.
Created: 920/2021 9:49:05 AM
FORTWORTH.
Aerial Photo Map
ZC-21-133
0 125 250 500 Feet
N
A