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Home My WebLink About(0151) ZC-21-156Date: December 14, 2021 Case Number: ZC-21-156 Zoning Map Amendment Case Manager: Sarah Bergman Owner /Applicant: Site Location: Proposed Use: Request: Francisco Maldonado 918 NW 21 st Street Request Acreage: 0.14 acres Convenience store with walk-up food service Council District: 2 Add Conditional Use Permit (CUP) for convenience store with walk-up food service in "ER" Neighborhood Commercial Restricted with waivers to setbacks and parking. Land Use Compatibility: Recommendation Requested change is compatible. Comprehensive Plan Consistency: Requested change is consistent. Staff Recommendation: Zoning Commission: Approval subject to the following conditions: • That the site plan be updated to address all Zoning & Land Use comments included on Page 5 of this staff report. • A solid privacy fence be installed along the northern property line, adjacent to residential zoning. • A grass area with five ornamental shrubs be installed within the projected front yard area along Gould Avenue. Approval as Amended to include conditions recommended by staff. Table of Contents 1. Proiect Description and Background 2. Surrounding Zoning and Land Uses 3. Recent Zoning HistorX 4. Public Notification 5. Development Impact Analysis 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 14W The subject property is located at the northeast corner of Northwest 21St Street and Gould Avenue. There is an existing commercial building on this site that is currently vacant. The applicant is proposing to renovate this structure for use as a convenience store / snack bar with walk-up food service. The current zoning of the site is "ER" Neighborhood Commercial Restricted and the proposed use is not allowed by right. Therefore, the applicant is requesting approval of a Conditional Use Permit (CUP) in accordance with the attached site plan. 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. This site has several limitations for new development, including the relatively small lot size (0.14 acres) and the location of the existing building. Below is a table illustrating the differences between typical development requirements for "ER" Neighborhood Commercial Restricted and the standards proposed with this CUP request: Requirement I Existing "ER" Standards a WE Proposed CUP Standards (per attached siteplan) Building/Tenant Size 10,000 square feet maximum gross Complies floor area, 5,000 square feet per tenant 35-feet maximum; for any part of a building that exceeds 20 feet in height Height and a residential supplemental setback Complies applies per §6.300, the setback must equal the height of the building Bufferyard and 20-foot building setback and 5-foot Project is exempt from bufferyard Supplemental landscaped bufferyard required along requirement under Section 6.300(a) for Setbacks all property lines adjacent to a one or additions to primary structures that are two-family district. less than 30% and under 3,000 sqft Front Yard: Front Yard: 20 feet minimum, projected front yard Does not comply, existing structure is applies. located less than 20 feet from front property line. (Waiver Required) Rear Yard: 20-foot supplemental building setback Rear Yard: Required Yards required Does not comply (Waiver Required) Interior Side Yard: Interior Side Yard: None required — if provided must be Complies minimum of 3-feet Corner Lot Side Yard: Corner Lot Side Yard: Complies. Projected front yard applies None required, but projected front along Gould Avenue frontage. Parking is yard applies. not allowed within this area. 4 spaces per 1,000 square feet of Total Spaces Required: 5 Minimum Parking building area for walk-up business. Total Space Provided: 4 Requirements Parking is limited to passenger vehicles only. (Waiver Required) Project is exempt under Section 6.301(g) Landscaping Generally, 10% of net site area for additions to primary structures that are less than 30% and under 3,000 sqft. Staff is supportive of the requested waivers to setback and parking requirements, as this is an existing developed site and the applicant is not proposing expansion of the current structure. While this project is exempt from standard landscaping and bufferyard requirements due to the limited scope of the site changes, staff does recommend two additional site improvements be added as conditions for approval of this request: 1) A solid privacy fence be installed along the northern property line, adjacent to residential zoning. 2) A grass area with five ornamental shrubs be installed within the projected front yard area along Gould Avenue. Surrounding Zoning and Land Uses North "A-5" One -Family / Single -Family Dwelling East "ER" Neighborhood Commercial Restricted / Commercial Building South "A-5" One -Family / Single -Family Dwelling West "A-5" One -Family / Single -Family Dwelling Recent Zoning History • ZC-10-188: Rezoned the subject property from "E" Neighborhood Commercial to "ER" Neighborhood Commercial Restricted as part of a larger City -initiated rezoning. Public Notification 300-foot Legal Notifications were mailed on October 22, 2021. The following organizations were notified: (emailed October 25, 2021) Organizations Notified Inter -District 2 Alliance Steams and Valleys Inc North Side NA* Trinity Habitat for Humanity North Fort Worth Historical Society Fort Worth ISD * Located within this registered Neighborhood Association Development Impact Analysis Land Use Compatibility The applicant is requesting to add a Conditional Use Permit (CUP) to the existing "ER" Neighborhood Commercial Restricted zoning for this site in order to allow for a convenience store with walk-up food service. Surrounding properties to the north, west, and south are developed with single-family residences. There is a commercial building located immediately east of the subject property along NW 21St Street which is also zoned "ER" Neighborhood Commercial Restricted. The proposed zoning is compatible with surrounding land uses. Comprehensive Plan Consistency — Northside The 2021 Comprehensive Plan currently designates the subject property as "Neighborhood Commercial" on the Future Land Use Map, which is intended to provide retail and services for a local market area: Neighborhood Commercial Retail, services, offices and mixed uses servingdaily needs for a local Multifamily Residential, ER, market area E, MU-1 General Commercial Retail, services, offices and mixed uses serving occasional needs for a Multifamily Residential, ER, larger market area E, MU-1, MU-2 The proposed zoning is consistent with the land use designations for this area, and aligns with the following policy of the Comprehensive Plan: • Use appropriate incentives to promote development of vacant land and redevelopment or reuse of deteriorated properties within designated commercial districts. Based on conformance with the policies stated above, the proposed zoning is consistent with the Comprehensive Plan. Site Plan Comments Zoning and Land Use • Please label or add the following on the site plan: o Dimensions and square footage of the dumpster location. existing building and any proposed structures, including o Pavement type for proposed parking areas. o Supplemental surfaces including grass and sidewalks. o Height and materials of existing and proposed fencing. o The title of the project in bold letters in the lower right-hand corner of the plan. o Date of preparation. o Name, address, and telephone number of engineer, architect, surveyor, and/or developer/owner. o Location sketch map. o The zoning case number: ZC-21-156. o A signature line labeled "Director of Development Services" with a "Date" line below at the lower right hand corner of the plan. • Please add the following notes to the site plan: o All site lighting will conform to the Lighting Code. o All signage will conform to Article 4, Signs. o Project will comply with Section 6.301, Landscaping. o Project will comply with Section 6.302, Urban Forestry. Transportation • Note: Damage to sidewalks during construction requires repair or replacement. • Existing drive approaches are legal non -conforming. Fort Worth Fire Department • FYI - 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. • The City of Fort Worth has adopted the 2015 International Fire Code as its current fire code at the time of this review. The City of Fort Worth has also adopted amendments (January 1, 2017 version) to this code. TPW Stormwater • SWDS Acceptance required prior to platting, grading, and building permit issuance. (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. ZC-21-156 Applicant: Address: Zoning From: Zoning To: Acres: Mapsco: Sector/District: Commission Date Contact: Area Zoning Map Francisco Maldinado 918 NW 21st Street ER Add Conditional Use Permit for convenience store with walk-up food service 0.13823253 62 K Northside N 11 /10/2021 817-392-2495 J] 2201 W 220] 22]1] NO [115 211c 211 22]1 L2L)') j 2201 212= =I- f'� F 11 :b.i * . 22 ry 11+] 5 212,E 2121 2116 2119 2119 217:a 2117 2115 2117 2115 211 2113 2112 2111 2110 § — 21 i Cti tv 21+ 2 L] 5 -5 21]7 2�]2 CFDD 2r11 27i1 2010 2+r,] 2.111 t ]s]9 200d 2-.l]9 2003 2007 CF �.A Subject Area ® 300 Foot Notification ],].; 2am ],], 20013 0 87.5 175 350 Feet Cre ated : 10/ 19/2021 2:23:3 2 P M 6'0" HIGH PRIVACY FENCE 140.00' 7..-r � r w �� x — - —x� x ,--e *r —��E . — � El j -:�•-:�:-:� - E IST xis- o TREE...•.... ®. BLDG } w o o w Q o o Lo o I SIZE lSFiRUB`.( "KP):•`. •••`•` 4. ~EXIST 20"DIA CD ,EXIST.$1v1�1�i '.' TREE Rip-�+�r�,L EXIST ASPHALT / CONCRETE SURFACE 140--00 EXIST SIDE WALK EXIST RAMP FIRE HYDRANT LOCATED EXIST DRIVE APPROACH (TYP) APPROX 50'-0"f WEST OF 918 N.W. 21 st STREET BUILDING 0 SITE PLAN - LANDSCAPE z 1" = 20'-0" LOT 22 BLOCK 154 NORTH FORT WORTH ADDITION FORT WORTH, TEXAS C:\Users\rober\Desktop\Robert2\February 2021\918_NW21 st\918_NW21 st-site.dwg, 1 ' - Council Districts 2 -Carlos E. Flores 3 - Michael D. Crain 4 -Cary Moon 5 - Gyna Bivens 6 - Jared Williams 7 -Leonard Firestone 8-Chris Nettles 9-Elizabeth M. Beck Overlay Districts ® Airport Overlay District 0 1-35W TU PERIPHERAL 0 DESIGN DISTRICT CONSERVATION DISTRICT Noise Contours DECIBEL 65 70 75 } 80 85 FORTWORTH. Area Map ;-. = MER I 19 0 1,000 2,000 4,000 Feet ZC-21-156 rw—wm I Cre ated : 10/ 19/2021 2: 23:4 7 P M FORTWORTH. ZC-21-156 Future Land Use 21 T TOLLWAY / FREEWAY Institutional PRINCIPALARTERIAL Neighborhood Commercial MAJORARTERIAL IM 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 - Medium Density Residential Private Park, Recreation, Open Space - High Density Residential O Lakes and Ponds 60 30 0 60 Feet N A Comprehensive Plan shall not constitute zoning regulations or as tablishzoning district boundaries. (Texas Local Government Code, Section 213.005.) Land use designations wereapproved by City Council on March 6, 2018, Created: 16r192021 2:23:40 PM . 74. • i 3 ti• 04 VIE po tv f t * „MMMPM+ � a I